Unions condemn anti-strike laws in Zimbabwe

The Health Services Amendment Act and the Criminal Law (Codification and Reform Amendment Bill) violate the Constitution of Zimbabwe and International Labour Organization (ILO) conventions that the country has ratified. The conventions include Convention 87 (freedom of association and protection of the right to organize) and Convention 98 (the right to organize and collective bargaining). The ILO sent a fact-finding mission to Zimbabwe last year after receiving numerous reports on labour violations.

The Health Services Amendment Act state that strikes in the public health sector, which is described as an essential service must not go beyond 72 hours. If unions fail to adhere to this limited time, the organizers will be fined and sentenced to three years in prison.

According to a government gazette the Criminal Law amendment will make it legal to arrest and prosecute the country’s populace for wilfully injuring the state sovereignty and national interest of Zimbabwe – a clause that legal experts say has wide interpretation that can lead to arbitrary arrests of human rights and trade union activists.

Joseph Tanyanyiwa, the chairperson of the Zimbabwe IndustriALL national coordinating council says: 

“Workers’ rights are human rights that should neither be constrained nor compromised. What is even more worrisome to us is the criminalization of freedom of expression. The laws will have far-reaching negative impacts that will narrow our rights as protected in the country’s constitution and ILO conventions, which were ratified by the government. We are imploring the government to urgently amend or repeal the laws which will instil fear in trade unions and their members. These laws will weaken the workers struggle for better working conditions.” 

With inflation reportedly at 229.8 percent in January 2023 and the highest in the world, Zimbabwean workers, whose average wages are US $62 per month, are finding it difficult to make ends meet. Health-care, energy, and mineworkers went on strike last year to demand living wages and the timely payment of wages. At Vumbachikwe gold mine in Gwanda, workers went on strike after non-payment of wages for over three months.   

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

“It is oppressive to pass laws that prohibit strikes amid a cost-of-living crisis, wage theft, and low wages. We urge the Government of Zimbabwe to respect the country’s laws and the fundamental rights at work as defined by the ILO.”

IndustriALL affiliates in Zimbabwe are the National Union of the Clothing Industry (NUCI), National Union of Metal and Allied Industries of Zimbabwe (NUMAIZ), Zimbabwe Chemical, Plastics and Allied Workers Union (ZCPAWU), Zimbabwe Diamond and Allied Minerals Workers Union (ZDAMWU), Zimbabwe Energy Workers Union (ZEWU), Zimbabwe Leather Shoe and Allied Workers Union (ZLSAWU) and Zimbabwe Textile Workers Union (ZTWU).

Global unions statement on the second anniversary of the military coup in Myanmar

On 1 February 2021, the Myanmar military overthrew the country’s newly elected government, interrupting Myanmar’s journey towards democracy after decades of military rule. The military formed an illegitimate government under a body it calls the State Administration Council (SAC). Democratically elected politicians formed a government called the NUG.

The coup was widely resisted by the people of Myanmar, who formed a peaceful Civil Disobedience Movement. The response from the junta was brutal, with mass arrests and killings. To date, 17,481 people – including many trade unionists – have been arrested, with 13,680 still in detention. 2,892 people have been killed by the junta. The brutal suppression of non-violent protest led to the creation of armed groups, and Myanmar is now in a state of civil war.

The regime banned most unions in Myanmar. Many union activists are in detention, others have been killed or are in hiding. It is impossible to exercise freedom of association.

On the anniversary of the coup, the CTUM is calling on unions around the world to organize pickets or demonstrations in front of Myanmar embassies and those of countries supporting the military junta, with the following demands:

1. Tribute to heroes of Myanmar

2. Free political prisoners

3. Support people’s democracy

4. Restore legitimate government

A major demand of the Myanmar unions is for formal diplomatic recognition of the NUG. The junta is seeking to normalize its control by seeking diplomatic
recognition as the de facto government of Myanmar.

Despite being the legitimate, democratically elected representative of the people of Myanmar, formal diplomatic recognition of the NUG is not universal.

In December 2022, the United Nations General Assembly rejected a bid by the junta for recognition, and the NUG representative who had been in position before the coup, retained his seat.

Lobbying by the global labour movement led the International Labour Conferences of the ILO in 2021 and 2022 to reject the junta.

However, there is no universal position in UN organizations and other international bodies. Although ASEAN has limited SAC participation in summits, the junta controls embassies in the region and ASEAN governments interact with the regime at other meetings and forums.

SAC receives strong support from Russia and China, and some recognition from India and Thailand. Although the European Parliament adopted a resolution in 2021 recognizing the NUG as the legitimate representative of Myanmar, and NUG has diplomatic presence in many European countries, none of the NUG representatives have diplomatic accreditation.

In 2021, the global unions demanded that multinationals observe enhanced due diligence and cut direct and associated business ties with the Myanmar military to be in line with UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. Divestment should be the business choice when due diligence cannot be exercised. Although some companies have stopped doing business in Myanmar, the military has been able to access a global supply chain from companies in the USA, Europe and Asia to manufacture weapons.

The global unions call on their affiliated unions to demand that their national governments recognize the NUG, and to put pressure on multinational companies they work with to cut all ties that benefit the junta directly or indirectly.

On this second anniversary of the military coup, the global labour movement remains resolute in its solidarity with the people of Myanmar. We will not rest until democracy is restored.

 

African unions demand strong labour provisions in AfCFTA 

This conference focused on African continental free trade area, industrialisation and the decent work agenda. This event was part of IndustriALL’s continuous campaign for Africa industrialization. 

Phase I of negotiations, which focuses on trade in goods and services and dispute settlement were completed. While Phase II negotiations on investment, competition and protecting intellectual property are expected to be ratified in February. Phase III negotiations will look at e-commerce, including digital trade, women and youth.  
 
In response to union’s concerns, Willie Shumba, a senior expert, and advisor for customs, said one of the objectives of the AfCFTA is to:

“achieve a comprehensive and mutually beneficial trade agreement among the Member States of the African Union.” 

He urged trade unions to engage the governments on the labour provisions.
 
The trade unions further proposed that the AfCFTA should have a trade union forum that discussed labour interests and would also like to engage the African Union (AU), the African Development Bank (ADB), and other continental institutions on sustainable trade and industrial policies. Unions also discussed strategies that they can use to engage on sustainable trade and industrialization issues at national, regional, and continental levels.
 
Sector presentations focused on industries that had shown potential for growth with examples drawn from the garment industries in Ethiopia, the automotive sector, and the mining industry as well as their respective value chains. The unions said they will engage with Latin American and European countries on textile, garment, shoe, and leather sector value chains, to learn from their experiences. Unions said training workshops on the African mining vision were important to trade and industrialization. 

Ghana-based Third World Network Africa emphasized the importance of an inclusive AfCFTA that catered for the interests of small-scale enterprises.
 
Johann Ivanov, FES-Ghana director said: 

“The AfCFTA has huge potential for the continent and, if implemented correctly, it will have significant employment effects and will create decent jobs. It can lead to the much-needed industrialization, to jobs in more innovative and sustainable sectors. However, social dialogue, the active involvement of trade unions in the formulation of trade and industrial policies, is key to ensuring that workers are not left behind and actually gain from free trade.”

Eric Manzi, ITUC deputy general secretary stressed the significance of the AfCFTA as an instrument of regional integration that will address unemployment through sustainable economic development and the creation of decent jobs. 

Kemal Özkan, IndustriALL assistant general secretary said: 

“The Covid-19 pandemic, high public debt, and limited investments have had an adverse effect on trade and the economies of Sub-Saharan Africa. To reverse this, unions must campaign for a new social contract and multilateralism that amplifies working class voices. This contract should include the Just Transition and climate change on workers terms and must be included in the AfCFTA.”

According to AfCFTA official documents, the agreement will bring together 55 countries with a combined gross domestic product of US$3.4 trillion and will create a single market for the continent’s 1.4 billion people. Furthermore, the agreement is expected to facilitate the expansion of intra-African trade and to integrate regional economic communities as well as improve competitiveness of African economies through increasing production scales. National, regional, and continental value chains are also expected to be developed. Experts also say the trade agreement has potential to contribute towards the attainment of the United Nations Sustainable Development Goals.

This conference was organized in cooperation with the Friedrich Ebert Stiftung (FES). 

Philippines must recognize international labour rights

Since 2019, unions in the Philippines, including IndustriALL affiliates, have called on the ILO to conduct a high-level tripartite mission to investigate serious violations of workers’ rights related to freedom of association, the right to organize and collective bargaining.
 
A joint union report with emotional testimonies on harassment and other forms of violence was formally accepted by the high-level mission at the opening of the dialogue.
 
Among the violations are extra-judicial killings, intimidation and harassment by state security forces, abduction, widespread red tagging of trade unions and unionists, among others.

Dandy Miguel, president of Fuji workers union, was gunned down on his way home from work by unknown men in March, 2021.
 
Members of the Nexperia workers’ union have been visited thirteen times by local police, forcing them to disaffiliate from their federation.

“The ILO mission is paving the way to unify the fragmented trade union movement, with high hopes to stop the killings, illegal detention and red tagging. We also expect improved enforcement of labour laws and adherence to core labour standards, particularly ILO Convention 87 and 98 so workers can organize freely, which will increase unionization in the country,”

says Ludy Casana, TF2-KD president.
 
Concluding the mission, emphasis was put on the fact that the cases are serious but there has been little policy and/or legislative action taken to effectively address the concerns of ILO’s Committee of Application of Standards (CAS). A genuine tripartite cooperation to address concerns and risks is needed.
 
It was observed that a mindset has been created, linking parts of the union movement to the insurgency without due process, and military and police still interfere in union activities and labour relations. The mission recommended that action driven by the President is essential for genuine progress, taking into account increased coordination and consistency across varying arms of government to better safeguard against the threats to freedom of association.
 
The mission reiterated that the joint implementation report by the tripartite partners should be made available prior to this year’s International Labour Conference.

“It has taken three years for the government of the Philippines to accept this important ILO mission to investigate cases of violation of fundamental workers’ rights. Workers and unions in the Philippines are in a difficult situation and we welcome the mission, which puts a spotlight on the violations and in doing so can lead to a change,”

says IndustriALL southeast Asia regional secretary Shinya Iwai.

Rieter India workers on strike

Rieter India Employees Federation (RIEF), a member of Shramik Ekta Manhasangh, an IndustriALL affiliate, has been repeatedly raising concerns about the company’s unfair labour practices such as employing a large number of contract workers without proper training in perennial jobs, thereby undermining the safety of all the workers. Rieter India is a Swiss company subsidiary which manufactures textile machinery.

The union filed a complaint with the labour department regarding the unlawful employment of contract workers which directed an inspection of the company. Since then, management has been threatening the union’s office bearers with suspension, transfer, and termination if the union does not withdraw the cases. In an attempt to weaken the union, seven union leaders, including the general secretary and the president, were transferred, under the pretence of training, to different far-off places.

Management continues to harass workers, threatening to revoke the wage raise which was granted after the union filed a complaint in court regarding the same issue. Management has been demanding an increase in productivity without conducting scientific research or making any improvements to the production process to increase production.

Additionally, Rieter India has refused to recognise RIEF, which the union has challenged in court and the case is pending.

The management has refuted all charges made by the union and workers by mis-stating and misinterpreting the law applicable to unions in India. Though the union has followed all legal provisions, the management has issued advertisements to hire contract workers, in place of the striking permanent workers, which is an illegal act. 

Dilip Pawar, president of Shramik Ekta Mahasangh, says:

“Rieter India's board chairman wrote to us stating that the company is not aware of any unfair labour practice and that local management has the authority and their full support to prevent any strike action by the union which they don’t recognise, and that union members will be fully responsible for tarnishing company’s reputation. This is unacceptable and we will not tolerate it.”

Atle Høie, general secretary of IndustriALL says:

“IndustriALL Global Union expresses solidarity with the workers at Rieter India Ltd. We will continue to support the Rieter India Employees Federation in the struggle towards obtaining union recognition, and decent health and safety conditions in the workplace.”

Democracy must be returned to Myanmar

The situation for workers in Myanmar drastically deteriorated after the military coup in February 2021. Most unions are now banned, and many workers who were once protected by collective agreements have been fired and replaced by casual workers with no rights.

After the coup, the military started cracking down on unions and its members, with violent attacks and arrests.

Currently, more than 60 trade unionists are imprisoned on trumped up charges, who must be immediately released.

Investments have long-term impacts on labour rights. In September 2021, IndustriALL launched a disinvestment campaign, calling on all companies operating there to cease operations and place no new orders.

Writing to all companies in the sectors we represent operating in Myanmar, emphasis was put on the fact that due diligence is not possible in a country ruled by a military regime and where unions cannot operate. Some companies did pull out early, among them are Total, Chevron, Woodside, Telenor, Tesco, Benetton, Aldi South, C&A.

Towards the end of last year, discussions on a responsible exit from the country began with a number of garment brands, and several brands, including Primark and New Look, have stopped placing new orders Myanmar.

“In some sense there is progress,” says IndustriALL general secretary Atle Høie. “But the military is still unlawfully in power in Myanmar and continues to violate human and workers’ rights, so we need to keep up the pressure.”

The global unions are calling for an unequivocal recognition of the credentials of Myanmar’s National Unity Government (NUG) at international and national levels as the one and true democratic government of the Myanmar people.

“By recognising the NUG, we safeguard the human and trade union rights of Myanmar’s working people, and once and for all, put an end to the military junta’s brutal dictatorship and false representation of the country before the international community.”

(Global union statement, October 2022)

One year after the military coup, the global trade union movement pledged not to rest until power is returned to the people.

Says Atle Høie, IndustriALL general secretary:

“Another year has passed where the people of Myanmar continue to pay a high price at the hands of the violent military junta. This anniversary, join us reiterating the call that democracy must be returned to Myanmar.”

 

Battery manufacturing pact stimulant for decent jobs in Africa

The agreement, signed late last year, is to promote the development of an electric vehicle value chain from mining, refinery, battery cell and battery pack manufacturing, up to the end user. Signatories will conduct feasibility studies, provide technical assistance, and the US will promote the initiative among the US private sector and investors.
 
Unions say the agreement is aligned to union campaigns for mineral resources to be used for industrialization and economic development which comes with opportunities for the creation of decent jobs. Through the African industrialization campaigns and mining network meetings, unions have repeatedly emphasized the need for the domestication of the African Mining Vision which calls for: “Transparent, equitable, and optimal exploitation of mineral resources to underpin broad-based sustainable growth and socio-economic development.”
 
The DRC produces over 70 per cent of the world’s cobalt, while Zambia is Africa’s second largest producer. In the DRC, cobalt is mined by large scale mining companies as well as artisanal small-scale miners. Other minerals found in the two countries that can be used in electric vehicle battery manufacturing include copper, lithium, manganese, and nickel.
 
The agreement aims to promote the “development of a cross-border integrated value chain for the production of EV batteries, leading to increased awareness of investment opportunities and the identification of potential co-financing opportunities for electric vehicle value chain-related investments.” 
 
Glen Mpufane, IndustriALL director for mining says: 

“This agreement speaks to some of the envisaged decarbonisation pathways as the world shifts from fossil fuels to renewable energy. However, trade union demands on decent work remain. We want decent jobs to be created in the electric vehicle supply chain. Additionally, the rights at work must be protected according to international labour standards, and there must be social protection and social dialogue. The cooperation must include a human rights due diligence approach and the promotion of gender equality in the supply chain.”

 
The agreement promotes the development of the clean energy sector through reduction of carbon emissions and supports the Paris Agreement goal to keep global warming below 2 degrees. Further, the agreement commits to adhere to UN conventions against corruption as well as domestic laws and international standards.
 
At a meeting on battery supply chains in Johannesburg in 2022, unions from Botswana, Ghana, Guinea, Kenya, Madagascar, South Africa, and Zambia agreed to map companies that were part of the electric vehicle value chain in their countries as one of the ways to build union capacity on organizing and recruitment in this sector. 

Unions demand justice for 42 miners killed in Turkey

In a joint mission to the region, IndustriALL Global Union assistant general secretary Kemal Özkan and IndustriAll Europe general secretary Luc Triangle met with branch and local trade union representatives. 

A fire is still raging underground, and efforts are made to extinguish it and restart coal production. IndustriALL Global and Europe met with the new mine management to discuss the situation; workers and the people of Amasra want the mine to re-open and for life to return to normal.

They also met with the mayor of Amasra for a better understanding of what assistance is put in place for the families of the killed miners.

Özkan and Triangle visited the family of one the killed miners, Ridvan Acet, and conveyed the condolences of both organizations.

“It is the duty of the trade union movement to commemorate our lost fellow miners and to protect their rights. We came here to show our solidarity and express our readiness to work together to prevent future accidents. We will do our best to ensure that mine workers can work in healthy and safe conditions,”

said Kemal Özkan.

Public opinion in Turkey is that the explosion “was not an accident, but a homicide”. A special inquiry commission has visited the region and is expected to publish a report in the coming days.

The prosecutor is asking for between 16 months to 1,062 years for two crimes for the 19 suspects, four of whom are imprisoned, including the manager of the mine. The charge is "causing death and injury to more than one person by conscious negligence."  

In the indictment, the prosecutor revealed that a series of omissions caused the explosion. It also states that management knew that the chimney ventilator was insufficiently cleaned but took no precautions, which led to the explosion.

The indictment also states that the methane gas values exceeded the 1 per cent warning level 85 times, and 1.5 per cent warning level five times. The carbon monoxide values exceeded the 25 ppm warning level 47 times and the 50 ppm warning level 13 times. 

 “We are here to join the demand for justice. The International and European union movement, public opinion and the families of victims want to know why these 42 miners were killed. We will continue to follow this case closely. Every mine worker has the right to return home healthy and safe,”

said Luc Triangle.

IndustriALL Global and IndustriAll Europe also met with the representative union in the mine, General Mine Workes’ Union (Genel Maden-Is), and vowed to continue to monitor the judiciary process and organize joint activities with the union on health and safety, as well as a just transition for the coal production sector.

Trade unions urge ILO to intervene in Algeria

The Algerian government has submitted amendments to law 90/14, which are due to be adopted by Parliament in the next few days. Independent unions have not been consulted by the government, and the changes will have a harsh impact on trade union rights. 

Global unions – IndustriALL, PSI and IUF – together with Algerian unions Confédération syndicale des forces productives (COSYFOP), Confédération générale autonome des travailleurs en Algérie (CGATA), and Syndicat national autonome des travailleurs de l’électricité et du gaz (SNATEG) have sent a joint letter to the ILO calling for their urgent intervention.

The proposed amendments will significantly impact union activities like unions being able to belong to political parties; giving the government the right to refuse union registration without the opportunity to appeal; preventing unions from investing their income or buying real-estate; restrictions of affiliation to international organizations etc. The list is long and makes it impossible for independent unions to operate in Algeria.

“This is the second time in less than a year that the Algerian government is modifying legislation that impacts trade union activity with absolutely no involvement and consultation of unions,”

says Raouf Mellal, SNATEGS.

Since 2019, Algeria’s government has increased repression of trade union rights, making it difficult to organize and to carry out trade union activities. Courts continue to use terrorism charges to prosecute and detain activists from all parts of civil society.

The letter signed by IndustriALL, IUF and PSI says:

“We call on the ILO to intervene very quickly with the Algerian government to suspend the modification of legislation 90/14. The ILO must urge the Algerian government to involve all trade union organizations in a consultation process if it is truly determined to respect its international commitments and to apply the recommendations and resolutions of the ILO supervisory bodies.”

Unions in MENA demand a Just Transition

Mark Hagen, from German union DGB provided context for the urgency of Just Transition. 

“Union input and leadership are essential for a Just Transition given climate change and the technological transformation. This is a fight for the livelihoods of workers and their communities and their children’s lives,” 

said Mark.
  
Climate change in the MENA region affects sectors like agriculture, tourism, health, governance, and infrastructure. Heat waves in the region influence production, which impacts workers and their incomes. Greenhouse gasses need to be reduced, and trade unions should be part of these conversations to mitigate the effect on workers. 
 
For a Just Transition unions must focus on social dialogue, building power, as an active approach will make things better for workers. Many sectors will require restructuring and it will influence workers, their rights and needs. 

According to many participants, the lack of social dialogue is a huge hinderance to negotiations and debate on energy transition. Participants discussed issues of the countries’ different financial and technical capabilities, indicating that transitions may be unfair on countries who are more disadvantaged than others.
 
The rights and needs of workers should be at the center of any Just Transition conversation. If changes are not done with workers’ economic activity in mind,
the transition is not just. 
  
Participants raised the issue of governments ignoring dialogue on the subject. Hashmeya Alsaadawi, IndustriALL’s vice president, painted a dusty picture of the Iraqi energy transition. 

“Emissions from the excessive use of cars, polluting factory waste, and private oil-powered generators has led to global warming, damaged vegetation and development of constant sandstorms” 

Ahmed Kamel, IndustriALL regional secretary, said: 

“We need a clear path, and we need to have this dialogue. For that, we need education and training and improving the capacity of our affiliates to address Just Transition.”

Kemal Özkan IndustriALL’ assistant general secretary, said. 

“Our job is to enhance the collective power for a Just Transition – we can’t leave it to the employers. Unions are a strong party and can negotiate and adapt to all situations.”

A regional working group comprising of affiliates, union leaders from the region, IndustriALL secretariat and experts, was set up. The group will draft a regional action plan on Just Transition for the period to come.