Unions intensify demands for release of Madagascar trade unionist

They say the arrest and sentencing violate human and trade union rights which are protected by the island’s constitution and labour code. It also violates international labour standards, especially trade union rights to freedom of association.

Sento, a garment worker, and workers’ representative at E-toile, Antananarivo was arrested for writing a social media post. The post was a report to workers on the outcome of meetings with management. According to Sento the posts, which management asked him to delete, were on discussions on improving poor food quality at the factory, workers’ training on the role of the labour inspectorate, according to the labour code, and workers’ rights to holidays, off-days, and sick leave. 

Sento, a shop steward from IndustriALL affiliate Syndalisme et Vie des Societies (SVS), was imprisoned on 28 August 2022 for 12 months and fined 400 000 Ariary (US$92). He is expected to be released by the end of May 2023. 

“At the end of 2022, the President of Madagascar pronounced a presidential pardon to prisoners. Comrade Sento is amongst these beneficiaries, with a three-month sentence reduction. This reduces the sentence from 12 months to nine, but the Malagasy government remains quiet. Even the request for provisional release and appeal of the judgment, filed by our lawyer remains unanswered,”

says SVS general secretary, Barson Rakotomanga. 

IndustriALL affiliates from the Democratic Republic of the Congo, Eswatini, Gabon, Ghana, Nigeria, and Zambia have written letters to Malagasy government in solidarity with SVS. 

Textile and garment workers said employers in the sector are notorious for blacklisting dismissed workers to ensure that they will not be employed in the sector. The employers are also known to give awful references preventing other employers from hiring dismissed workers. Workers said having a criminal record is worse because it will be used as a tool to victimise Sento when he is released. 

The ILO Report of the Committee of Experts on Conventions and Recommendations 2023 requests the government to respond on the arrest and sentencing of Sento. The Committee requests the government to provide its comments on these serious allegations. 

In a letter to ALSICO, who E-toile supplies, IndustriALL general secretary, Atle Høie writes:

“We denounce and protest the serious trade union rights violations in the country as evidenced by this imprisonment and would like to urge ALSICO, E-toile SA and the government of Madagascar to take action that will culminate in the immediate release of Brother Sento Chang. We would like to emphasize to the government and E-toile SA the importance of promoting a culture of social dialogue as a strategy to create harmonious labour relations instead of resorting to intimidation, harassment, and imprisonment.”

Systematic repression in Belarus

In its session in Geneva, the ILO Governing Body again called on the government of Belarus to respect freedom of association and make independent trade unions and employers’ organizations legal.
 
The GB urged that all union leaders and members jailed for participating in peaceful assemblies or conducting trade union activities be released, and that all related charges be dropped.
 
Further, the GB has placed Belarus on the agenda of the next session of the International Labour Conference in June.
 
On 17 March, the UNCHR published a report documenting widespread and systematic violations of international human rights law in Belarus.
 
In the report, the UNCHR urges Belarus’ government to “end the systematic repression of perceived critics and immediately release all detainees held on political grounds”, concluding that “gross human rights violations are being committed across the country”.
 
Human rights defenders, journalists and trade union activists have clearly been targeted in what the report calls a campaign of violence and repression directed at those voicing opposition.

“The OHCHR report suggests that the Belarusian authorities will not be able to simply turn the page. The report offers hope that all those responsible for torture, the use of violence, including unlawful deprivation of life and numerous instances of arbitrary detention, ill-treatment, as well as sexual and gender-based violence, violations of the rights to freedom of expression, peaceful assembly and association, denial of due process and the right to equal protection of the law, will be punished,"

says Maxim Pozniakov, president of IndustriALL affiliate BNP.
 
The authorities’ campaign to crack down on independent unions in the country is relentless. March saw further activists arrested on trumped up charges.

“The international community puts the spotlight on the violations committed in Belarus. We cannot idly stand by as our brothers and sisters are cruelly punished for exercising their fundamental rights,”

says Atle Høie, IndustriALL general secretary.
 

Laboratorios SMA SAC in Peru intensifies union busting

The national union of Laboratorios Smasac workers, part of Peru’s federation of manufacturing and allied workers (FETRIMAP-CGTP), affiliated to IndustriALL Global Union, has faced continued anti-union discrimination since it was formed in April 2022.

Recently, a pre-termination notice was sent to the general secretary, Flor de María Aranda Surichaqui, on the basis of false claims of gross misconduct.

Laboratorios SMA SAC, a Peruvian company specializing in the manufacture of cosmetics and other personal care and household hygiene products, alleges that Aranda Surichaqui misled union members about his discussions with the company.

The company says the union leader told members that there would be no repercussions if they took part in the general strike called by the General Confederation of Peruvian Workers (CGTP) on 9 February. 

“That’s nonsense. The company made it perfectly clear that workers would lose a day's pay if they decided to go on strike, and they chose to do it anyway,"

says Tom Grinter, IndustriALL chemicals sector director.

“The real reason for threatening dismissal is clear: the company is seeking revenge because the union has brought national and international attention to its labour practices. The notice came just one week after multinational buyers carried out a due diligence audit, in which they asked questions about management-union relations, and just days after an inspection by Peru's national labour inspectorate.”

One of Laboratorios SMA SAC's main international buyers is Unilever. The Anglo-Dutch consumer goods company has a memorandum of understanding with IndustriALL that ensures compliance with trade union rights and recognizes IndustriALL as an internationally representative organization. IndustriALL has informed Unilever about the situation in Peru, and Unilever is now conducting due diligence.

FETRIMAP-CGTP says the threat to dismiss the union leader is the latest in a long series of labour rights violations, which have included anti-union discrimination, interference in the running of the union and refusal to negotiate in good faith.

According to FETRIMAP-CGTP, Laboratorios SMA SAC uses temporary contracts to avoid employing workers on regular contracts, thereby denying them their fundamental rights, including the right to freedom of association. It has also violated their fundamental rights relating to health and safety in the workplace, particularly their right to know about workplace hazards and obtain relevant training and education.

Unions negotiate a 28 per cent minimum wage increase

The province of Punjab revised the minimum wage from PKR25,000 (US$88) to PKR32,000 (US$113) for unskilled work after the provincial minimum wage board, comprising of government representatives, employers, and trade unions, met in Islamabad on 20 March. The revised minimum wage will come into effect immediately after the Governor of Punjab gives his assent.

With a population of over 100 million, the Punjab province has approximately 10 million industrial workers employed across 102 sectors, including textile, chemical, and mines, to whom the wage revision would be applied. The wages of semi-skilled, skilled, and highly skilled workers will also be raised, reaching PKR35,000 (US$124).
 
The minimum wage was last revised in 2022. Unions argued in the meeting that given the skyrocketing prices of essential items, wages must be immediately raised to reflect the inflation rate. Pakistan’s inflation rose to 31.5 per cent in February this year and food inflation hovered around 45 per cent, making workers’ lives extremely precarious.
 
In addition, the country is undergoing a severe economic crisis due to a shortage of foreign reserves. This has drastically affected the export industry, like the textile sector, which is currently witnessing massive job losses.
 
Nadeem Parwaz, general secretary of IndustriALL affiliate PTGLWF and member of the minimum wage board of Punjab, says:

“The successful negotiation of a 28 per cent wage hike is a big achievement for the unions. This will provide some relief to workers who are currently struggling to meet their daily needs amidst high inflation. We hope that other provinces of Pakistan will follow suit.”

Independent union signs historic collective bargaining agreement with Saint-Gobain Mexico

It is the first time since the Saint-Gobain plant in Morelos State, Mexico, was founded 24 years ago that an independent union has negotiated a collective bargaining agreement on behalf of the workers there. The workers now have every reason to celebrate: the collective bargaining process was a success and the new agreement will bring real benefits.

In an official statement, the union said:

“We were able to achieve an historic outcome in the collective bargaining process and fulfil the commitment we made to deliver tangible benefits for our workers.”

After a week of negotiations, the union signed the collective bargaining agreement on 4 March. The agreement must now be approved by workers at the Saint-Gobain plant in the city of Cuautla through a free, secret and direct ballot, in keeping with the provisions of Mexico’s 2019 labour reform.

The signed agreement includes a 9% pay rise and a 2% increase in benefits, both above 2023 inflation, and will take retroactive effect from 1 January 2023. The union says these increases will help to improve workers’ quality of life. Other key outcomes include:

– protocols for dealing with discrimination and sexual harassment
– an increase in the percentage allocated to the savings fund and the life insurance policy
– insurance coverage for minor medical costs
– an increase in the Christmas bonus, holiday bonus and length-of-service bonus
– an increase in the study grants awarded to Saint-Gobain employees' children 
– an agreement on productivity
– the reinstatement of a worker who was fired after forming the new union.

The Independent Union of Free and Democratic Workers of Saint-Gobain Mexico won the right to represent workers at the plant in a ballot held in September 2022. They beat the Glass Workers Union, which was affiliated with the Confederation of Workers and Peasants and had negotiated an employer protection agreement  with the company behind workers' backs.

Lastly, IndustriALL’s regional secretary, Marino Vani, said:

“We congratulate the Independent Union of Free and Democratic Workers of Saint-Gobain Mexico for democratically delivering a collective bargaining agreement that truly benefits its workers. Workers deserve to be represented by unions that negotiate in their interests. That is what has now happened at the plant in Morelos after 24 years.”

NUM applies for court ban against Anglo American over health and safety laws

The global multinational mining company, which expresses commitment to the ILO’s fundamental rights at work in its policies, wants the mineworkers to fall under the Occupational Health and Safety Act (OHSA, 1993) which does not cover the mining sector and gives workers less protection.

In May 2021, IndustriALL and Anglo American signed a memorandum of understanding on the framework for global dialogue. One priority issue is that it will be a forum for identifying collaboration opportunities on safety and health issues at the workplace, including occupational health and safety. 

“Anglo American’s actions are contradictory to the spirit of the memorandum of understanding. The memorandum strives for the highest standard, the MHSA, and opting for a standard not meant to address the mining industry is baffling,” 

says Glen Mpufane, director of mining and OHS organizational lead. 

The union wants mineworkers to remain under the MHSA, which gives workers better protection, and argues that rights will be lost if the change occurs. These include the right to refuse dangerous work, inspectors’ powers to deal with dangerous conditions and to recommend fines, initiating investigations and reporting serious injuries and fatalities and the right to participate in inquiries and joint inquests. The NUM says these rights are absent from the OHSA.

The NUM also fears that the implementation will result in the exclusion of workers from Waterval Smelter, Anglo Converter Plant, Precious Refinery, Rustenburg Base Metal Refinery and Mortimer Smelter who fall outside the scope covered by the MHSA. The union is not convinced by the reasons given by Anglo American, who sold mining rights at the smelters while retaining surface rights and process operations.

According to the law, failure to comply with the laws can only be done after obtaining an exemption from the minister of mineral resources and energy. The NUM says the MHSA is the only legislation applicable to mines as the OHSA does not apply in respect of a “mine, mining area or any works as defined in the mineral and petroleum resources development act.”

Mpho Phakedi, NUM deputy general secretary says: 

“The promulgation of the MHSA was a huge victory for the mineworkers and such gains cannot be reversed by this unlawful migration by Anglo American. The reason for the migration is simple: Anglo American seeks to move away from the strict regulatory regime of the department of mineral resources and energy to the toothless and incompetent department of labour inspectorate. The migration will result in mine workers losing their hard-fought rights as contained in the MHSA.”

In the long term, the NUM and other unions want the two Acts to be merged as there are no laws which allow mining companies to switch from one law to another.

Union demands reinstatement of Nigerian shipyard workers

Nigerdock, falls under the Nigeria Export Processing Zones Authority. It operates a seaport in Lagos, has a shipyard for repairs and maintenance, and does offshore fabrication for the oil and gas and other manufacturing activities for the energy and logistics sectors. It employs 149 permanent workers, with 161 non-permanent workers employed through a third-party consulting firm, Prime Services. 

Automobile Boatyards Transport Equipment and Allied Senior Staff Association (AUTOBATE), which represents ship building and repair workers, says the redundancies are not only considered to be unjustified and illegitimate, but also violate national and international labour standards. AUTOBATE, who is affiliated to IndustriALL Global Union, says Nigerdock is short-changing workers of fair compensation and benefits through the unprocedural redundancies. 

For example, in August 2022 AUTOBATE challenged the redundancies through the Federal Ministry of Labour and Employment after Nigerdock terminated the services of 21 workers, without negotiating or engaging in dialogue with the union. However, the ministry concurred with the union that the process was unlawful, and the management was forced into a better agreement with workers. 

According to Section 20 of the Nigeria Labour Act (2004), “the employer shall inform the trade union or workers representative concerned of the reasons and the extent of the anticipated redundancy.” 

General secretary of AUTOBATE, Lai Brown, says: 

“We boldly assert that the culture of illegitimate redundancy, labour casualization, and violation of workers' rights are evidence of everything that is wrong with the privatization of the once renowned and largest Nigerian Maritime Company. We lack confidence in the current management of Nigerdock. Similarly, we demand the immediate reinstatement of the dismissed workers and commend the leadership of the Nigeria Labour Congress for its prompt intervention on the matter. We shall fight to the very end to defend the rights and interests of the workers at Nigerdock.”

IndustriALL regional secretary for Sub-Saharan Africa, Paule France Ndessomin, says: 

“Nigerdock must stop violating workers’ rights and follow what the law says on redundancies. The maritime company must provide job security instead of promoting precarious working conditions and unfair labour practices.” 

Unsafe Pakistani mines continue to claim workers’ lives

Pakistani mines are infamous for being among the deadliest workplaces in the world, killing many workers every month. Workers' hardship is exacerbated by the lack of law and order in mines, where miners are often killed and abducted by militant forces.

The Pakistani government and mine owners have failed to ensure safe workplaces. Pakistan has yet to ratify ILO Convention 176, which calls for health and safety in all mines.

According to IndustriALL’s Pakistani affiliates, in the last two years, at least 300 miners were killed and more than 100 severely injured. As of 10 March this year, at least 30 miners were killed and more than twenty injured.

Miners die in both state and privately owned mines. Landslides, electrocutions, mine blasts, and gas poisoning have led to fatalities and serious injuries. Workers are unable to file compensation claims for death or injury because of a lack of attendance records and no social security scheme registrations. 

Pakistan imports oil and gas from the Ukraine and the current situation has caused a severe energy crisis in Pakistan. Foreign exchange reserves are plummeting and the country is unable to import oil and gas from other countries.

The situation puts enormous pressure on the coal industry to operate coal-powered plants to meet some electricity needs. However, Pakistan’s coal mining industry is facing a crisis due import restrictions and banks refusing to approve credit letters. The strain to manage the crisis has now fallen on the domestic coal sector. Miners who have already been working in dangerous conditions are now forced to increase production and compromise workplace safety conditions.

Employers are not allocating resources to train miners to perform safe mining and the government is not ensuring compliance with safety standards. This is often the case in unregistered private mines. 

General secretary, Sultan Khan, from IndustriALL’s affiliate the Pakistan Central Mines Labour Federation’s, says: 

“The situation in coal mines is worsening due to non-implementation of labour laws as well as the labour department’s negligence. We demand that the mining department conduct a thorough investigation of the accidents and that criminal cases are filed against mine owners.”

IndustriALL’s South Asia regional secretary, Apoorva Kaiwar, says: 

“IndustriALL calls on the Pakistani government to immediately ratify ILO C176. Employers need to ensure that workers are provided with safe working conditions.”

Glencore unions across Latin America call for a just transition

IndustriALL Global Union recently revived its campaign calling for Glencore to respect workers' rights in all its operations. On 3 March the regional network of Glencore unions held an online meeting, since Latin America is one of the regions facing the most difficulties.

Workers reported on the labour situation in each country, agreeing that the biggest problem is Glencore's lack of accountability towards communities and the environment. The multinational is overhauling its operations as part of its decarbonization strategy but has no clear plan to ensure a fair transition for workers and local communities.

Juan Carlos Solano Sintracarbon in Colombia said that Glencore had put no process in place to ensure a fair and dignified transition when it relinquished the Prodeco mine.

“As a result, the region of El Cesar has been left deserted. It’s like a ghost town – there’s no work there now and it’s become impossible to meet the basic needs of the local community.”

Solano said that his union has demanded that Glencore sit down with workers, members of the La Guajira community and the government to discuss a closure plan for the Cerrejón mine. The aim is to avoid a repeat of what happened at the Prodeco mine and ensure that “the transition causes as little damage as possible”.

Victor Rodriguez from Chile said that, although Glencore likes to portray the image of a company that engages with communities near its sites in Chile, it does not genuinely care about its workers or the people in those areas. The ratio of outsourced to permanent employees, for example, is three to one, with 2,400 outsourced workers and only 800 permanent staff.

Héctor Laplace from Argentina said that in the midst of the pandemic, for instance, Glencore unexpectedly shut down the Aguilar mine without informing the union, leaving 700 workers jobless.

IndustriALL representatives spoke about the organization's efforts to foster social dialogue with Glencore to get it to prioritize labour and trade union rights and development policies.

IndustriALL is also advocating for gender-related issues. Regional gender officer, Laura Carter, explained:

“We know that there is still discrimination against women at Glencore. There is no pay equity, there have been incidents of harassment, pregnant women do not feel safe, and some female workers do not have appropriate protective equipment. We want the company to take responsibility for these gender-related issues as well.”

IndustriALL mining director, Glen Mpufane, said:

“Glencore is a very elusive company. It’s difficult for us to talk to them about substantive issues like just transition, global dialogue and company-wide policy concerns, in addition to trying to resolve disputes. The company wants to control the narrative. It's a huge challenge, and one that will require coordination between the union network and local communities.

“The company's strategy is to run down its coal mines by the mid-2040s, which does not give us enough time to have a conservation about a just transition. We need to lead a global campaign and develop actions to hold Glencore accountable and foster social dialogue.”

OECD Steel Committee: invest in workers!

The challenges facing the global steel sector were discussed by governments, employers, trade unions and other stakeholders at the 93rd Session of the OECD Steel Committee, on 13-14 March in Paris.

Trade unions took to the floor to raise concerns about current labour market reforms in Ukraine and to call for companies and governments to support and invest in their workers and to ensure that there is a Just Transition in the steel sector.

The session began with an update of developments in Ukraine and impacts on the global steel market in light of Russia’s ongoing illegal war. While the global steel market continues to be impacted by energy shortages and issues accessing raw materials, TUAC raised the impact on all workers in light of the government’s attempts to reform labour law and curtail trade unions’ activities, including weakening collective bargaining.

Veronica Nilsson, TUAC interim general secretary, said:

"Ukrainian workers and trade unions are on the forefront in confronting the illegal Russian aggression against Ukraine. We urge the Ukrainian government to ensure that labour conditions and collective bargaining rights of those still in work, as well as those who will return, are maintained. They should not be weakened through rushed labour market reforms. The right to collective bargaining representation and social dialogue are fundamental European values that must be preserved and enhanced on the Ukrainian path to EU accession."

Various experts provided updates on the global steel demand and production, with the outlook for 2023 remaining uncertain following generally positive years in 2021 and 2022 at global level. While China, the world’s largest steel producer, is not an OECD member, trade unions welcomed the update on developments in the Chinese steel industry, noting that global overcapacity remains a major issue.

The risk of a global excess capacity crisis has increased with the gap between global capacity and crude steel production currently standing at 632.0 mmt in 2022 (516.9 mmt in 2021). As global excess overcapacity drives down steel prices and leads to an unlevel playing field, trade unions again call on increased joint action at international level to tackle this.

Christine Olivier, IndustriALL Global Union assistant general secretary, said:

“The transition cannot and must not rest on workers’ shoulders alone. Multinational companies must take their full responsibility by investing in decarbonization and in workers. It’s a matter of social and environmental justice.”

Following TUAC’s presentation on ensuring a Just Transition at the last OECD Steel Committee, the topic of decarbonisation of the steel sector was back on the agenda with updates from representatives of the G7 and G20. IndustriALL Europe, reminded OECD governments and employers that the green transition must be a Just Transition and set out concrete trade union demands to prevent workers or regions being left behind.

Judith Kirton‒Darling, deputy general secretary of industriAll European trade union, said:

“The decarbonisation of the international steel sector is a global challenge, and we welcome the OECD’s increased focus on this topic. Steel workers are at the heart of the green transition and they must be involved at all stages of the transition, this means quality social dialogue at all levels and proper planning and anticipation of change to ensure that no worker or region is left behind. Nothing about us without us!’’

The OECD Steel Committee further discussed the possibility of launching a supply chain observatory due to the current energy and raw material crises which continue to cause uncertainties, price increases, rerouting of materials and sometimes stoppages in steel production. The OECD aims to provide a deliverable by the end of 2023.