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The Destiny of Ukraine’s Miners in the Constant Focus |
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The keenest pain of Ukraine Throughout one week the Commissioner studied the situation in human rights and freedoms compliance, specifically among miners, in Luhansk oblast. Since Mrs.Karpachova regards the coal sector as a top priority issue of economic development, her tour of Luhansk oblast took her to the most controversial mining regions, primarily the cities of Stakhanov, Brianka, Pervomaisk, Krasnodon. She met with the heads of city administrations as well as with the managers and the workforce of the Illich, Zolote, Barakov, Sukhodolska-Skhidna and Peremoha mines where the miners went on strike. The strikers’ main question was related to violations of human rights, because they were not paid wages – at some mines from 20 to 25 months. There were meetings with working miners as well as with those who were on strike at their jobs down in the mines. Mrs.Karpachova also met with 45 widows of miners who died on their jobs and visited a children’s hospital in Brianka. The Commissioner for Human Rights and the Secretariat employees had appointments with citizens on personal problems. She also held talks with deputies of the Krasnodon City Rada, with leaders of trade unions of miners, education and medical workers, and with human rights activists of the oblast. In all, almost two thousand people attended these meetings and appointments. Relying on the findings in Luhansk oblast, the Commissioner for Human Rights Nina Karpachova met with Olexandr Yefremov, chairman of the oblast state administration, and discussed in great detail the issues of human rights compliance. As she pointed out, the extensive violations of the miners’ rights over a long period of time have brought the enterprises of the coal sector in the oblast to a state of bankruptcy. In order to save the sector, immediate and coordinated practical efforts of all branches of power at different levels are necessary. And in the meantime, the desperate predicament of the miners remains the keenest pain of Ukraine. March 25, 1999 Press Service of the Commissioner for Human Rights Is the right to extinction the exclusive right of miners only? Miners’ wage arrears in Luhansk oblast amount to 700 million hryvnias (2.3 billion hryvnias for Ukraine as a whole). Because of strikes the coal industry of the oblast short-delivered 107,000 tons of coal this year. The miners’ main problem centers on violations of human rights, because they are not paid wages and at some mines wages have not been paid from 20 to 25 months. Also, the inexorably spreading epidemic of tuberculosis is a subject of great concern. In Krasny Luch, for instance, there are 88 TB cases to 100,000 of the population. “We manage to make only coffins,” “Even slaves were fed,” “Live today, die tomorrow” – in these utterances of despair people continue clinging to hope. For some, perhaps, it will be the last hope, because suicide is becoming an acute problem. What are needed to save the sector are, above all, coordinated actions of all branches of power at different levels. Such a conclusion was made by Nina Karpachova, Ukrainian Parliament Commissioner for Human Rights, who throughout one week studied the situation of human rights compliance in Luhansk oblast, specifically in Brianka, Stakhanov, Pervomaisk and Krasnodon. May 6, 1999 Holos Ukrainy (Voice of Ukraine) newspaper “The plight of the miners shocked me like a voltaic arc” Everything in this world has a value, a value expressed not only in dollars or hryvnias. Coal, or “black gold” as we usually call it, has yet another priceless equivalent – human life. Every one million tons of coal extracted in Ukraine cost the life of four miners. That’s the bitter statistics. It was not a secret to perhaps a narrow circle of specialists, but not so long ago it came from the mouth of the Ukrainian President for the entire country to hear. It was voiced as a serious warning, as a call to put an end at last to the unjustified human losses at the coalface. Indeed, the situation in the coal sector is something that is more than critical. Strikes, wage arrears, frequent accidents, mine closures – these joyless events make up the everyday life of the miners for whom the words “restructuring” and “reforms” have taken on a negative meaning a long time ago. “It is exactly for these reasons that we decided to look in great detail into the issue of compliance with human rights and freedoms in the coal regions,” said Nina Karpachova, Ukrainian Parliament Commissioner for Human Rights. “Luhansk oblast was not chosen by accident: lately, we received over 400 complaints from this oblast. That’s a rather alarming symptom. If we say that the coal sector enjoys top priority in the state, the interests of the miners must be in the focus of attention. Regrettably, the attitude is different.” Employees of the Commissioner’s office visited several cities where the socioeconomic situation was dismal (Brianka, Stakhanov, Pervomaisk, Krasnodon and Krasny Luch) and met with representatives of the local authorities, directors and miners of the Illich, Zolote, Barakov, Sukhodolska-Skhidna and Peremoha mines where the miners were on strike. At some of the mines wages have not been paid from 20 to 25 months, the workers are not supplied with the most elementary industrial clothing, and the rate of occupational injuries is growing. “The visit to the Illich Mine in Stakhanov produced the most desolate impression on me,” Mrs.Karpachova continued. The miners complained that they managed to make only coffins. The mine is to be closed. Out of the twenty-one enterprises of the Stakhanovvuhillia Production Association, nineteen mines have been closed and another two, as we were told, are being prepared for closure. But nobody is really concerned about the destiny of the people. When restructuring was carried out in Poland, jobs were first created at five car-manufacturing plants, and only then were the miners laid off. But in this country everything is being done the other way around. The Stakhanovvuhillia Production Association dismissed 10,000 miners. Its wage arrears amount to 13 million hryvnias. In Brianka four mines dismissed over 5,000 miners, but jobs were created only for 171 workers (in three and a half years), while in Stakhanov only 207 workers got a job. Now what rationale stands behind these figures? Small wonder that the official unemployment rate in these cities fluctuates from 29 percent to 32 percent. Nobody is happy about such a situation, because the mines that are being closed have not exhausted their potential and could be producing coal for many a year. The Illich Mine has a production resource of 70 years. The Peremoha Mine can be productive for a minimum of five-seven years. But in Kyiv these mines were defined as unpromising, thereby blasting the future for thousands of people. “Yet another calamity in the region – the flooding of mines or what is called ‘wet’ conservation of coal faces. During the war the mines in Krasnodon were flooded lest they fall into the hands of the enemy. Today they are flooded as well. Given the extensive practice of flooding, the movement of rock and soil becomes unpredictable. Hundreds of houses have been partially flooded to date. The water supply system in Stakhanov failed sixteen times within one year; the water in the wells becomes unfit for drinking because of contamination. After the soil became ‘alive’ cracks began breaking the walls of Secondary School No.3, the local children’s hospital and other important establishments.” “What was the attitude of the local authorities to your visit?” “Of course, nobody was expecting us and nobody was meeting us with open arms. Small wonder, because we did not inform anyone about our visit beforehand and went straight to the people in the squares and to the workers at the mines. The corps of directors is a separate subject. Quite a few of the managers did not wish to enter into an open dialogue, something I could no say about the leaders of trade unions. They told me about yet another sad figure – none of the directors in this region stayed in his managerial armchair for more than six months or a year. It’s difficult to tell who needs such a mess in administration. And what can a manager accomplish during such a brief term? That’s why they keep referring to the doings of their predecessors, without taking upon themselves any responsibilities. “On the whole, a lot depends on the local authorities. The wives and families of perished miners need to be accorded special attention. I was addressed by people requesting assistance to be allotted plots of land for vegetable gardens, to have the wage arrears of husbands transferred as pay for the studies of a son or daughter, to get an inhaler for a miner suffering from asthma or insulin for a child. These problems are not trifles, but, given a wish, they can and should be resolved, without waiting for instructions from Kyiv. “The outburst of tuberculosis is an extremely alarming symptom in Luhansk oblast. There have been cases of children being born with the horrible disease. Over 60 percent of the infected are people from 30 to 40 years old. Mind you, people of productive age! Anti-TB medical establishments (we visited five of them) are overcrowded, while the medical services are appalling. The patients of a sanatorium for treating tuberculosis of bones and joints, i.e. an establishment where people are supposed to undergo recovery therapy, confided during our visit that they had not seen bread for over a week. “The situation in other medical establishments is not any better. At the children’s hospital in Brianka salt was the only food the kitchen had in stock. ‘What can we do, if no more than 10 kopecks are allocated for daily meals of the children?’ the chief doctors explained, spreading his arms in dismay.” “These facts are really incredible. What will be your subsequent actions?” “Although the plight and alarm of the miners shocked me like a voltaic arc at times, I was amazed by their belief and hope in a better tomorrow. They are extremely eager to work. And the state has no right to shut its eyes to their problems. The miners keenly take in every word that is coming from Kyiv, incidentally, not only from the administration. They hold in especial esteem the attention of the press, quoting, in particular, publications from the Robitnycha hazeta. “A miner’s bread is one of the most difficult, and therefore the work of miners should be paid for decently and on a priority basis. I remember the despair of a far from young miner dressed in profusely patched overalls and with tears in his eyes, as he said ruefully, ‘We’ve been deceived so many times.’ “Regrettably, violations of human rights have been relegated to the area of socioeconomic relations. In order to deal with them there is no need to devise miraculous methods or expend super efforts. What is necessary is for industry to resume operating and for the economy to revive. “I am not inclined to pretend that the problems of the miners do not worry anyone in our state. Thank God, that is not the case. But still we are too slow in addressing the problems of the Donbas. I intend to forward separate appeals on this issue to the President, Prime Minister and the Chairman of Parliament. Through the office of the Commissioner for Human Rights I want to summon the attention of the authorities at all levels: state, sectoral and local. I know that in this region in May the Cabinet of Ministers plans to hold its out-of-town session with the participation of the President. I intend to take part in it as well. Now tell me what has the Commissioner for Human Rights to do with economic problems? As the situation is today, the concern is direct. Whatever the difficulties in the state, it has no right to forget the human being behind the reforms.” May 13, 1999 Interview by Natalia Andrusenko Robitnycha hazeta (Workers’ Gazette) Human rights in Luhansk oblast require constant attention Human rights are violated mostly in areas where socioeconomic problems have come to a head. One such area is Luhansk oblast. Here, chronic delays in disbursing wages, recourse payments and allowances for occupational injuries and diseases have become usual occurrences. As a rule, disbursement of wages and all sorts of payments are delayed from one to two years. Driven to despair, miners down their tools, walk out, go on hunger strike, and even commit suicide. The Commissioner for Human Rights, jointly with employees of her Secretariat, studied comprehensively for quite a while the situation of compliance with human rights and freedoms in Luhansk oblast. Their examination embraced primarily the miners’ regions were social controversies are the most dramatic. The main focus was on compliance with the socioeconomic rights of miners, execution of court decisions on timely pay of wages, benefits and pensions, and the situation of assistance to families of miners who perished on their jobs. Mrs. Karpachova met with the miners, their families, and with officials who are responsible for compliance with human rights and freedoms in the oblast. Throughout the visit about 2,500 individual and collective appeals by citizens were addressed to the Commissioner. In particular, during her meetings with workers of five mines she was addressed by 1,427 people on violations of their constitutional rights. Of these appeals 95 percent were complaints relating to violations of articles 43 and 46 of the Ukrainian Constitution, i.e. the right to work, remuneration and social protection. According to Article 116, Item 2 of the Constitution, the Cabinet of Ministers is to take measures to ensure human and citizens’ rights and freedoms. Under Article 101 of the Constitution control over their compliance is exercised by the Commissioner for Human Rights. Therefore, the protection of human rights is the common cause of these institutions. On June 2, 1999 the Cabinet of Ministers held its out-of-town session is Luhansk oblast that was attended by the Commissioner for Human Rights Nina Karpachova. Mrs.Karpachova is convinced that for all the difficulties the majority of the mining area’s residents still retain a trust, though not as big as it could have been, in the authorities. This trust must not be shattered. June 2, 1999 Press Service of the Commissioner for Human Rights The desperate predicament of the miners remains the keenest pain of Ukraine
Valeriy Pustovoitenko: The next speaker is Nina Karpachova, Commissioner for Human Rights. She came to the session on her own and wants to inform you how she began to work; hers is a very responsible office in our state. Nina Karpachova: Dear Mr. President, Mr. Prime Minister, members of the government, managers of the oblast state administration and the oblast Rada, representatives of the mass media, ladies and gentlemen, I think that the program of the socioeconomic development of the Luhansk region cannot be implemented if the human being, with his problems and rights, will not be in the focus of this program. Therefore, I believe that you don’t find it strange that the Commissioner for Human Rights is taking part today in the out-of-town session of the Cabinet of Ministers. After all, the socioeconomic problems of the country and compliance with human and citizens’ rights are interrelated. Besides, it is common knowledge that under Article 116 of the Ukrainian Constitution the Cabinet of Ministers takes measures to ensure human and citizens’ rights and freedoms, while under Article 101 of the Constitution control over their compliance is exercised by the Commissioner for Human Rights. Thus the protection of human rights is our common cause. There is yet another reason why I take a direct part in the session of the Cabinet of Ministers. As many of those in this hall know, in April I and the employees of my little Secretariat studied comprehensively the situation of human rights compliance in Luhansk oblast. We were compelled to do this because of over 500 applications which I lately received from residents of the Luhansk region. That’s an alarming symptom and it was confirmed, because in nine days of our visit about 2,500 applications were added to the 500 we received earlier. During visits to five mines alone, I was addressed by more than 1,400 citizens on questions concerning violations of constitutional rights. Small wonder, because human rights are most frequently violated where socioeconomic problems are critical, which is the agenda of today’s session of the Cabinet of Ministers. Relevantly, 95 percent of the applications are complaints relating to violations of articles 43 and 46 of the Ukrainian Constitution, i.e. the right to work, remuneration and social protection. Chronic arrears of wages, recourse payments and allowances for occupational injuries and diseases have, unfortunately, become commonplace occurrences. As a rule, the backlog of different types of payments in Luhansk oblast extends from one to two years. Driven to despair, people resort to protest in the form of walkouts, hunger strikes and even suicide. And, of course, the authorities have no right to ignore this. I would like to point out that we visited the most complex mines where we met with people who work under extremely difficult conditions, in particular at Brianka, Stakhanov, Pervomaisk and Krasnodon. In my opinion, the coal sector has to be among the top priority sectors in Ukraine for real. I met with the managers and workforce of the closed Illich Mine in Stakhanov as well as of the mines that are still producing coal – Zolote, Pervomaiskvuhilla, Barakov, Sukhodolska-Skhidna and Peremoha in Krasnodon, where workers have gone on permanent strikes lately. There were also meetings with working miners as well as with those who were on strike at their jobs down in the mines. In this connection I am currently preparing an appeal to the Prime Minister and the oblast administration. I would like to support the latest position of the Cabinet of Ministers on giving greater heed to safety engineering. As Article 27 of the Constitution stipulates, every person has the inalienable right to life, and it is the duty of the state to protect human rights and life. For the coal sector the protection of the life of workers is an extremely acute issue. This is confirmed by the recent events in Donetsk. It was already emphasized today that since the beginning of this year 151 miners have lost their lives. Isn’t that too high a price for the bread of industry? So I think that the issue of safety engineering, and I support this element of the government’s work, should by all means be considered both at the session of the ministry’s board and, perhaps, as a separate agenda at the session of the Cabinet of Ministers. Visiting the mines, I saw how our miners, without so much as being provided with elementary individual protective means, go down the mines every day and put their lives at risk every day as well. Besides, I met with dozens of widows of the perished miners throughout the visit to the region. The widow of the miner A. Mikhalevych who, as you know, burned himself alive at the building of the Luhansk oblast state administration and died of the sustained burns, was left with three children without any means of livelihood. Now practically no one in the region cares about her three children. Even the question of allotting her a plot of land for a vegetable garden had to be resolved through my assistance. I also had to intercede to have her elder son, a first-year student at the Teachers University of Luhansk, continue his studies free of charge. I would like to emphasize that my personal appeal to the Minister of Education Zaichuk met with an immediate and humane response. There are still many such families and the Prime Minister is currently exerting efforts to have all families, who are in dire straits because of the loss of their breadwinners, transferred to maintenance by the state. But, regrettably, as we learned during our inspection, the widow of the miner S.Shundryk is knocking on the doors of officials for more than a year to get the allowance for her deceased husband. For 20 months the family of the deceased miner A.Kilchynsky is not receiving any funds for the maintenance of his children, while for more than a year the widow of miner A.Nebozhenko, who died of occupational injuries, cannot get an allowance due her (the Krasnodonvuhilla State Holding Company employed the husbands of both widows). Five families of perished miners have not received 63,000 hryvnias in back pay, while the Donbasantratsyt State Holding Company has not paid to the widow of a perished miner of the Stakhanovvuhilla production association. I think that the general directors in this audience know what I am talking about. So it seems that the Cabinet of Ministers resolution adopted on this issue has to be binding and executed immediately. I want to repeat that it is highly important to support the children of the deceased. The presidential decree on children of perished miners gaining an education is critically needed today. Because of mass violations of human and citizens’ rights and, sometimes, grave offenses of officials in the coal sector – regrettably, Olga Kolinko, Deputy Procurator-General, is not attending this session – we accumulated a whole number of facts of thefts of assets at many mines. Incidentally, on this matter I maintain direct ties with the Procurator-General’s Office. What seems highly important to me and I want to draw your attention to this fact, Mr.President, that the majority of the residents in the mining region still retain trust in state authority. And it is very important that these people would not lose this trust that exists today. It is our common objective not to see this trust lost. I am convinced that the extensive violations of the miners’ rights that have been going on for a long time are among the reasons that have brought the enterprises of the coal industry to a state of bankruptcy. In order to save the sector and support it, prompt and coordinated actions of all branches of power are needed. There is yet another problem that cannot be overlooked today. It’s the tuberculosis epidemic. I had direct talks with Olexandr Yefremov after visiting the region and would like to say that we inspected four anti-TB dispensaries and surgical TB sanatoriums. Attending this session is Raissa Bogatiriova, Minister of Health Care, who can confirm that according to the WHO provisions, a situation when there are 50 TB cases to 100,000 of the population constitutes an epidemic. In the oblast this figure was over 60 in 1998, while in such cities as Krasnodon and Stakhanov the current rate is more than 80. It is alarming that lately there have been cases in the oblast when even newborn babies had tuberculosis, and the disease is systematically infecting those who should be treating it, i.e. the personnel of dispensaries. This year the infection rate, especially of open TB, has been growing. Regrettably, the oblast holds first place in the country as to mortality caused by TB, its rate going up with each passing year. What is stunning is the age of the deceased – people of employable age, 30 to 40 years old. And, of course, one of the reasons of the epidemic is the deteriorating socioeconomic situation. It is common knowledge that tuberculosis is the disease of the poor and destitute. Therefore, I want to draw the attention of the oblast authorities that they define the fight against this catastrophic disease as a priority area of their activity. At this point I would like to support the efforts of the Minister of Health Care, Mrs. Bogatiriova, and the Cabinet of Ministers who a month ago endorsed the state program of TB control. Of course, for this purpose it is necessary to raise not only the funds in our state. And the last problem. Yesterday, as you know, we observed International Children’s Day. Taking the opportunity of the presence of the highly esteemed President at this session, I cannot but draw attention to yet another acute issue – violations of the rights of the child in Luhansk oblast. I have in mind the generally known situation that developed at the boarding school for children suffering from scoliosis. Unfortunately, this school was closed down and liquidated. This is a violation of the UN Convention on the Rights of the Child as well as of the Ukrainian Constitution and the law on education and health protection. Such violations are inconsistent with the Children of Ukraine State Program whose patron is the President of this country. Regrettably, the petition of the procurator’s office was ignored and so were the appeal of the procurator and the ruling of the Leninsky district court that satisfied the protest of the Luhansk oblast procurator’s office on recognizing the order on liquidating the boarding school as unlawful. In conclusion I would like to address you, Mr.President, as the guarantor of the Constitution, and ask you to take respective measures on restoring the rights of the children suffering from scoliosis in Luhansk oblast. Thank you for your kind attention. Without a cardinal change in the attitude of politicans Today the Commissioner for Human Rights left for Luhans oblast where the largest accident occurred at the Barakov Mine. Last year she visited the region several times, comprehensively examining the situation in compliance with human rights at the “ hot” mines of Luhansk oblast - in the cities of Brianka, Stakhanov, Pervomaisk, Krasnodon, and at the Barakovn Mine where the miners were on strike underground in protest against unsatisfactory working conditions. She met then with the heads of city administrations as well as with the managers and the workforce of the Illich, Zolote, Barakov, Sukhodolska-Skhidna and Peremoha mines where the miners went on strike. There were meetings with working miners as well as with those who were on strike at their jobs down in the mines. Mrs. Karpachova also met with 45 widows of miners who died on their jobs, visited a children’s hospital in Brianka, held talks with deputies of the Krasnodon City Rada, with leaders of trade unions of miners, education and medical workers, and with human rights activists of the oblast. In all, almost two thousand people attended these meetings and appointments. Following from the results of her findings, Mrs.Karpachova addressed an appeal to the Prime Minster, in which she drew the government’s attention to the extensive vkolations of miners’ rights that brought the oblast enterprises of the coal industry to bankruptcy. The reason of the high death rate of miners is the result of non-compliance with safety rules directly in the mines. Only every third miner is provided with individual safety kits to date. Of the required funds only 10 percent are allocated for the procurement of such kits. The state has actually distanced itself from funding the sectoral scientific institute which deal with problems of miners’ safety. However, there was no response to the petition. As before, the authorities count on the situation to ease of its own accord. Some managers even accused the Commissioner for inciting people and addressing problems that everyone knew about and that would be resolved. Several local mass media argued that the Commissioner was excessively dramatizing the situation in the region. The situation did not improve for the better of its own accord, but become much worse in the end. Today all of Ukraine is in grief, and the entire world keeps wondering why the numerous sacrifices of our miners, their mass protests and strikes have not taught us anything. The new tragic accident confirms once again the conclusion of the Commissioner - without the coordinated efforts of all branches of power the situation will not be reserved, and the pain of the piners remains today the keenest pain of Ukraine. The employees of the Commissioner’s Secretariat decided to transfer their one-day pay to the least protected of bereaved miners’ families. March 13, 2000 Press Service of the Commissioner for Human Rights Violations of safety rules stand behind the accident at Barakov Mine “It’s devastating to hear a miner’s old mother sobbing, ‘I don’t want the money, give me back my son,’” Mrs. Karpachova said with tears in her eyes as she shared her impressions about her trip to Luhansk. “Among the families of the perished miners there are several single mothers, who lost their breadwinning sons, as well as orphaned children. Eleven-years-old Serhiy Kurbatov, for one, lost his mother in a car accident besides. At the present time we are taking care of his guardianship. Two families with four children lost their breadwinners in the accident. We are bound to protect the rights of all miners – dead and alive. It is a crime that the relatives of the miners who perished back in 1997 have not received the allowances due them. Truth is, the families of the Barakov Mine accident victims received assistance right after their meeting with members of the state commission.” It’s something that happened for the first time. Mrs. Karpachova said that after her first visit to Luhansk she addressed an appeal to the Prime Minister, in which she pointed out that the families had to wait for years before receiving compensations. The latter have not been paid to this day in violation of human rights. Besides, everything must be done that seven of the victims, who are undergoing recovery therapy, receive the allowances now. “Some of them were bereft of the power of speech, just extending my way their burned hands wrapped in little cellophane bags,” Mrs.Karpachova recalled. “Only one of them – drift miner Yuri Marchenko – told me that he survived thanks to his protective kit. The others just didn’t have time to use it. They asked to be issued industrial clothing, while the chief recovery therapy doctor asked assistance in procuring medicines.” As to the reasons of the accident, Mrs.Karpachova pointed out that they had a simple explanation. All the structures that used to exercise control over labor safety have actually been destroyed. One state mine inspector cannot possibly keep track of what is actually going on at three mines, two coal-washing plants and 13 winding towers, as was the case at the Barakov Mine whose director, Mr.Dokuchayev, had imposed his overruling will on the inspector. The appointment of Mr.Dokuchayev to the directorship of the mine was in itself a crime. In 1992, during his management of the Sukhodolska-Skhidna Mine, an accident took the life of 64 miners, but the director was not made accountable for this tragedy. At the Barakov Mine safety rules were flagrantly violated, because no one was responsible for their strict compliance. Experts identified 12 persons who should have exercised control over safety rules, but the outcome proved to be proverbial: Everybody’s business is nobody’s business. “Several days ago,” Mrs. Karpachova noted, “the State Labor Safety Supervision service was brought under the jurisdiction of the Ministry of Labor and Social Policy. Now it is our duty to see to it that this service take under stricter control the protection of the miners’ rights.” March 20, 2000 Nikolai Patsera, Kieyvskiye vedomosti (Kiev Herald) newspaper Instead of waiting for the next tragedy to descend At Ukraine’s mines 3,048 people died 1991. As the Commissioner for Human Rights Nina Karpachova believes, the biggest tragedy in the history of the country’s coal industry that occurred in Krasnodon was the result of lack of control over safety rules by definite executors of works and individual managers. After her visit to Luhansk oblast, Mrs.Karpachova cited depressing facts and figures. One labor safety inspector of the State Labor Safety Supervision service was assigned to keep control over three mines, 13 winding towers, and 120 kilometers of mine drifts. Only every third miner is provided with industrial clothing. And only 10 percent of required funds are allocated for procuring individual safety kits. “The government must take care of the miners, instead of waiting for the next tragedy to descend,” Mrs.Karpachova emphasized. “It was only after the horrible accident occurred that the relatives of the perished miners received their back pay from 1997.” March 21, 2000 Holos Ukrainy (Voice of Ukraine) newspaper The state’s control functions have to be strengthened During these days of grief, when Ukraine parted with 80 perished miners, Mrs. Karpachova and the staff of her Secretariat visited Luhansk oblast to investigate the reasons of the accident at the Barakov Mine. Right after her return to Kyiv, we asked her to share her impression about the trip. “The tragedy at Krasnodon has its definite culprits who must be brought to account,” Mrs.Karpachova said. “But its reasons are much greater. The gross violations that were committed are but the consequences, while the underlying reasons rest in the lack of any control over such a vitally important matter as labor safety in the industries. It is to be greatly regretted that such an attitude prevails on a mass scale. “Technical inspectors in our country should be granted a different status and be treated differently. Previously, the trade unions were in charge of controlling labor safety. Today, such control has been liquidated, while the sectoral technical inspectors cannot cope with the large amount of work they have to perform. The Pavlohradvuhilla Production Association, for example, employs eleven technical inspectors out of the required five, because the huge amount of work that has to be done for such niggardly pay attracts but a few people willing to do the job. “The status of this service at enterprises should be clearly spelled out. It has to be completely independent. As you know, the State Committee for Labor Safety Supervision, which had been under the Ministry of Labor and Social Policy, has been liquidated. In its place two new departments are to be established. It is difficult to say how such a reorganization will effect the situation at the grassroots workforce, but we are already receiving quite a few petitions from citizens who are concerned over the substantial deterioration of work conditions at enterprises.” As to Luhansk oblast, it has been holding first place in the number of complaints over the past few years. In 1998 the Commissioner received 360 appeals, while in 1999 there were 1,400. In particular, 240 appeals came from Krasnodon and 83 from the Barakov Mine. As a rule, the majority of the appeals are complaints about the lack of social protection, delay of wages and bad conditions of work. At the Barakov Mine, for instance, every third miner is not provided with industrial clothing. Only 10 percent of the required funds were allocated for procuring individual safety kits. In May 1999 the Commissioner conducted an elaborate examination of compliance with human rights in this region. Its results revealed an extremely alarming situation that called for the immediate intervention of the authorities (see “The plight of the miners shocked me like a voltaic arc...”, Robitnycha hazeta, May 13, 1999.). And now there was this unprecedented tragedy that reechoed in our hearts with racking pain. During Ukraine’s independence a total of 3,048 miners died at their jobs. According to Mrs.Karpachova, the state commission working in the region to mitigate the consequences of the accident was operating efficiently. “All problems were resolved promptly, every family was accorded attention. For the first time all the back pay of the perished miners was disbursed and their families received compensations for loss of the breadwinners. Doctors performed their duties splendidly. Not so long ago an item for additional medical assistance during accidents was included in the oblast budget. To each of the families affected by the accident a mine director was assigned to supervise their needs, and for this reason the attitude to the victims’ families was not formalistic. The only thing to be regretted is that such concern is belated and the debts are settled only after the tragedy has struck.” Yet another painful aftereffect of the accident is the orphaned children – over 130 in all. The state has no right to ignore their future. A year ago the President issued an edict that obligated higher and secondary technical education establishments teaching mining trades and professions to enroll without competitive examinations and free of charge the children of miners who perished or suffered occupational injuries. Mrs.Karpachova intends to have the provisions of the edict extended to other higher educational establishments as well, since a mining profession is not acceptable to all girls. As to the boys, their choice is easier. The 20-year-old son of a miner who perished at the Barakov Mine asked the commission for permission to replace his father on his team. “So it’s early yet to dismiss the importance of our coal industry. Our state is in critical need of coal, but it must not be produced at such a heavy price,” Mrs.Karpachova emphasized. “We have to address the problems of the miners much more seriously and raise the level of production discipline at the mines. This will also necessitate energizing the control functions everywhere: at enterprises, Parliament, bodies of self-government, and, of course, at all levels of executive authority.” March 22, 2000 Robitnycha hazeta (Workers Gazette) US Government promises $1 million in aid to Donbas miners Ukraine may count on $1 million in aid from the US government to resolve the problems of the coal industry. Joseph Maine, representative of the US independent miners’ trade unions and manager of the Health Protection Department of the United Miners of the USA, conveyed this news during his meeting with Nina Karpachova, Ukrainian Parliament Commissioner for Human Rights. Mr.Maine visited Luhansk oblast to be introduced to the situation in the miner’s labor safety and medical care. During the meeting with Mrs.Karpachova, the discussions of the guest and host centered on compliance with human rights in the mining region. The situation in the coal sector is extremely critical, with the issue of safe labor conditions remaining urgent, Mrs. Karpachova pointed out. There is a great need in individual protective kits, of which only every third miner is provided. Medical care and social protection is also of low standards, she said. Mr. Maine assured that he would inform the US government about the situation in Ukraine’s coal sector and convey the request of the Commissioner to assist in providing medical equipment and medicines to the Luhansk oblast clinical hospital where the injured miners are treated. April 4, 2000 Oxana Melnyk, Uriadovy kurier (Government Courier) newspaper The miners deserve safe conditions of work
The honorable Chairman of Parliament, the honorable members of Parliament and members of the government, It is highly important that today Parliament, jointly with the government, is considering one of this country’s most burning issues – proper conditions of work and labor safety in production. It is a truly singular event, because the issue is related to the most valued asset we have – human life. On March 14 the Day of the Government session had to be held and I planned to take a part in it. But the tragic event at the Barakov Mine upset all plans, not only mine but of a lot of people in this audience. On that day we and the Prime Minister, the ministers Sakhan, Tulub, Durdynets and others attended the funeral of the miners who perished in one of the most tragic accidents in the history of independent Ukraine. To the families of the perished miners we expressed not only our condolences, but also our apologies for what had happened. I am convinced that everyone in this audience was prepared to share the irremediable grief for an unjustified loss. Throughout a week the Commissioner and a state commission worked in the epicenter of the tragic events. Therefore, I have reasons to state here today that the continued, flagrant and mass violations of the miners’ rights to proper and safe conditions of work and, specifically, non-compliance with safety rules are the main reasons of the tragedy that has occurred. I am concentrating today on the Krasnodon tragedy in such great detail, because in it are reflected almost all of the current shortcomings. And it is precisely the coal industry, unlike any of the other sectors, that is the focal point of the most typical violations of human rights. Regrettably, the human being, his life and health, have not gained top priority in the sector, in which the output of the largest possible amount of coal remains the main objective. As the honorable Ivan Sakhan said in his report, a decade ago one million tons of coal took the statistic toll of one miner’s life, while last year this rate was four lives. To this I would like to add that since the beginning of the year 2000, with allowance for the tragedy at the Barakov Mine, every million tons of coal took the life of seven miners. There is no country in the world with such a horrible indicator of industrial mortality. I have here the personal files of the miners who perished at the Barakov Mine. These documents evidence the tragic destiny of our fellow countrymen. Each of the deceased, whose files I am holding in my hands, left behind from three to four children. In all, 138 miners’ children were orphaned on March 11 at 12.55 p.m. That is the price of flagrant violations of safety rules. So it is small wonder that throughout 1999 my representatives and I traveled six times to Luhansk oblast and visited the most complex mines – the Zolote, Peremoha, Sukhodolska-Skhidna and Barakov mines. Luhansk oblast holds first place as to the number of complaints addressed to the Commissioner for Human Rights. While in 1998 there were 361 such appeals, in 1999 their number grew to almost one thousand and a half, of which more than 200 complaints came from the Barakov Mine in Krasnodon. From April 1999 on we visited mining cities where the situation was the most controversial and tense: Brianka, Stakhanov, Pervomaisk and Krasnodon. These cities turned into zones of social and economic calamity. The immediate future holds in store a similar situation for the Donbas cities of Selydove, Snizhne and Torez. The residents of these cities have nowhere to go and they simply have no opportunity whatsoever to exercise their right to work. I addressed these issues in my report at the out-of-town session of the Cabinet of Minsiters in Luhansk in June 1999. Some time later I raised them in the appeal to the former Prime Minister. Regrettably, there was no response to my petition. As before, the authorities hope that the situation will relax somehow of its own accord. Moreover, in the pages of the mass media under the jurisdiction of the Luhansk oblast state administration, some officials even reproached the Commissioner for having come to the region to rouse people and dramatize the situational excessively. Unfortunately, time has proved that the alarms of the Commissioner were justified. The tragedy at the Barakov Mine was a sad confirmation. In my appeal, I demanded, in part, “to sway the trend in the growing mortality rate of miners and ensure compliance with the requirements of Article 43 of the Ukrainian Constitution relative to the right of everyone to proper, safe and healthy conditions of work.” And still, a lot of the issues I drew attention to then remain unresolved: lack of a sufficient amount of individual and collective protective kits that was mentioned today and lack of the required number of cap lamps with individual methane alarm devices. When I visited the Barakov Mine survivors in the recovery therapy ward at the Luhansk Clinical Hospital No.7, drift miner Yuri Marchenko told me that he stayed alive only thanks to his personal protective kit. It is common knowledge among miners that only every second such kit can be actuated in reality. It is small wonder that he survived, because just 10 percent of required funds were allocated for the procurement of self-protection kits at the Barakov Mine. I am gravely concerned about the restructuring of the State Committee for Labor Safety Supervision. As the previous speaker already said, two departments are being established which, with all due respect to the administration of the ministry, might, I am afraid, just fade within the structure of the Ministry of Labor and Social Policy. Previously, too, as you know, the voice of a technical inspector was barely audible. Now he might be rendered completely speechless and helpless, what with the huge amount of work that is simply physically impossible to cope with. For instance, the technical inspector at the Barakov Mine had to supervise at one and the same time three mines, i.e. over 120 kilometers of mine drifts, and two coal-washing plants, receiving for all these efforts a niggardly pay of 130 hryvnias. By the way, today it was already mentioned that new posts of commissioners of the coal industry minister have been established at the mines. The office of a minister’s commissioner is tantamount to that of deputy director of a mine. There is one essential detail we established: a commissioner’s pay of 1,150 hryvnias is nine times what a technical inspector is paid. Incidentally, MP Mykhailo Stepanov also drew attention to this fact. As was said earlier, slack control over performance of works at the enterprises of the coal industry is among the reasons of grave consequences. Let us ponder whether we are saving money where it should be really saved? Such economizing is questionable today when the average life expectancy of miners has already reached the catastrophic mark of 55 years! Further on there is an abyss. Without addressing these problems, we might consequently be doomed to deal with consequences instead of their causes. After hearing out attentively the proposals of members of the government and the committee, who were central to preparing the discussion of this issue, I propose to add to the Parliament’s resolution the item on establishing an independent state body of technical supervision of working conditions and, just as it has been done in some countries, bring it under the direct jurisdiction of the President, specifying the terms for funding this body. This forum is to unite the efforts of Parliament, government and bodies of authority at all levels lest they delude yet again the people who expect from all of us real protection of their rights, of which the fundamental one is the right to life. Thank you for your kind attention. Broken promises break orphans’ hearts
It is necessary to take care of the miners and their families in good time. This is something everyone realized after the horrible accident at the Barakov Mine on March 11, when 80 miners perished and 135 children were left without their fathers. The tragedy aroused the sympathy of practically the entire world and the leaders of the state promised to take measures to mitigate its aftereffects on the victims. But several months later this issue has to be raised again. The Commissioner for Human Rights Nina Karpachova addressed an appeal to Prime Minister Victor Yushchenko to the effect that the Commissioner’s office is receiving many appeals from members of the perished miners’ families who have not received the promised humanitarian aid. The Commissioner initiated inquiry in this case. People in Ukraine and worldwide responded promptly to the tragedy of the miners in Luhansk oblast. Almost 7 milllion hryvnias and over US $53,000 in humanitarian aid from Ukrainian citizens, enterprises and institutions as well as from foreign donors were transferred to the accounts of the Krasnodon outlet of the Savings Bank of Ukraine. Although a specially established Supervisory Council set out the conditions for distributing this money among the families of the deceased and injured miners, their widows and orphans cannot receive it, because it has not been recognized as humanitarian aid to this day. In the appeal to the Prime Minister, who is chairman of the government commission that investigated the accident at the Barakov Mine, the Commissioner for Human Rights demanded that these funds be recognized as humanitarian aid. Such recognition would make it possible for the families of the deceased and injured miners to receive the charity without paying taxes. August 3, 2000 Press Service of the Commissioner for Human Rights Thanks to the Commissioner’s intervension By demand of the Commissioner for Human Rights, the Commission on Humanitarian Aid under the Cabinet of Ministers adopted within a week a decision that had been impatiently expected by the families of the miners who perished in the Barakov Mine. The tragedy of the Russian nuclear submarine Kursk, the crew of which consisted of one-fourth of emigrants from Ukraine, echoed with burning pain in our hearts and reminded us about the accident at the Barakov Mine. The whole world sympathized then with us, words of support reached us from everywhere, and donations were sent for the bereaved families to assuage their grief. Almost 7 milllion hryvnias and over US $53,000 in humanitarian aid from Ukrainian citizens, enterprises and institutions as well as from foreign donors were transferred to the accounts of the Krasnodon outlet of the Savings Bank of Ukraine. The Ukrainian government also allocated 3.3 million hryvnias for the mitigation of the accident consequences and aid to the bereaved families. It seemed that people were made to feel that they had not been left alone in their grief. But three months later this issue had to be raised again. The Commission on Humanitarian Aid under the Cabinet of Ministers was not in a hurry to recognize these donations as humanitarian aid, although the chairman of the Luhansk oblast state administration forwarded a respective petition on this point. Without such recognition, as provided for under operative legislation, the orphans and widows had to pay taxes in the amount of 50 percent of the received charity. When people learned about it, emotions rioted. On June 2, 76 widows and their children picketed the Krasnodonvuhillia State Holding Company. An avalanche of complaints descended on the office of the Commissioner for Human Rights. The results of the inquiry the Commissioner initiated confirmed the fairness of the demands. The Commissioner forwarded an appeal to Prime Minister Victor Yushchenko, who is chairman of the government commission that investigated the accident at the Barakov Mine. In the appeal she raised the issue to have the charity for the families of the perished and injured miners recognized as humanitarian aid. By instruction of the Cabinet of Ministers, the Deputy Minister of Fuel and Energy informed the Commissioner that the Commission on Humanitarian Aid on August 3 recognized the voluntary donations as humanitarian aid. So the obstacle standing in the way of humanitarian aid to the families of the perished and injured miners has been cleared at long last. It was done in a matter of days. But who can explain to these bereaved people why they had been held in suspense for so many months and why they were compelled to protest and appeal to different institutions? August 11, 2000 Press Service of the Commissioner for Human Rights |
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