PROFILE: Divided we beg, united we bargain, says Eswatini union

UNION PROFILE

From Global Worker No. 2 November 2021

Country: eSwatini

Union: Amalgamated Trade Union of Swaziland (ATUSWA) 

Text: Elijah Chiwota

Formed in 2013 from a merger of three unions including the Swaziland Processing and Allied Workers Union (SPRAWU) and MQAWUS, ATUSWA has 4,000 members, 65 per cent of whom are women. 

After a turbulent foundation, ATUSWA, is beating the odds, and continuing to grow its membership by organizing more workers in the textile and garment, and other manufacturing sectors. 

A typical ATUSWA recruitment and organizing drive involves going to factory premises, waiting for the lunch break, and then persuading workers to join the union. Although this strategy is limited in a Covid-19 lockdown situation, the union is adapting and using other methods that include mobile apps and social media. For instance, the union has developed an app that links workers to union documents and core labour laws. Further, the union successfully campaigned for the payment of benefits to workers who were retrenched because of the pandemic. This resulted in over 20,000 workers benefiting from the Eswatini National Provident Fund.

The union says it visits workplaces regularly to investigate and confront employers when workers report violations. Xolile Dlamini from Swazi Africa Textile who has been an ATUSWA member for five years explains why joining the union is one of the best decisions she has made:

“Non-unionized workers are ill-treated and insulted. The employers put us under a lot of pressure to meet targets that sometimes you feel like crying. And the union is the organization to go to when you feel abused. Every so often the employers tell you that you will do whatever they ask you to do. But once we become union members, we are able to tell them to stop the verbal abuse and to respect our rights.”

As a tactic to attract and retain members, the union is campaigning for permanent jobs, and against the employment of workers through labour brokers. Additionally, the union want minimum wages of at least E3500 (US$229), rental housing policies that protect workers, and unemployment benefit funds against Covid-19 job losses. 

“The workers of Eswatini must unite and fight for a living wage and decent working conditions. As we campaign for living wages, we are demanding wage increases that cover the increasing cost of living and price hikes,”

said ATUSWA secretary general Wander Mkhonza.

Retaining members is not always easy as some workers join the union and leave after a few months. To deal with this the union is considering increasing its benefits to members and negotiating agency shop agreements that benefit all workers. This can attract those workers who are reluctant to join the union.

Although there is potential for the union to increase the membership often it faces resistance from some employers. For example, after organizing 1200 workers at Juris Manufactures, the company only submitted dues for 482 members. The employers behave this way even when the union has signed recognition agreements. 

ATUSWA also supports labour law reforms that will protect unions from union busting and bashing by employers. According to the union, Taiwanese-owned FTM Garments continue to violate trade union rights especially the right to organize and collective bargaining, while other employers are dragging the union to the courts. Currently the union has five pending court cases on recognition agreements whilst other cases are at the Commission for Mediation Arbitration and Conciliation. According to the union these cases are an attempt by employers to bankrupt the union as they take long, and the legal fees are expensive.

Currently, the union’s collective bargaining forums are not centralized, and the union would like to change this. In proposed amendments to the Industrial Relations Act, the union wants the collective bargaining forums to be centralized as this is beneficial to workers.

The union sees workers education as fundamental to trade union development and the capacity development of its members. To this end the union has trained four educators and intends to increase the numbers to commit at least 20 per cent of its funds to education.

ATUSWA is part of the unions and civil society organizations that are demanding democratic reforms and an end to Africa’s last absolute monarchy in Eswatini which is ruled by King Mswati III. The union believes the struggles of the community are also the struggles of workers.

“ATUSWA is demanding change. We want democracy, freedom, and equality. Pro-democracy MPs, Mduduzi Bacede Mabuza and Mthandeni Dube, who are facing ‘terrorism’ charges must be released and freedom of expression respected. National wealth cannot be in the hands of the king alone, but must be shared equitably,”

says Jabu Chauke, ATUSWA, 1st deputy secretary general and senior shop steward at garment manufacturer Fashion International Swaziland.

PROFILE: FESITEX united workers in Nicaragua

UNION PROFILE

From Global Worker No. 2 November 2021

 

Country: Nicaragua

Union: FESITEX

Text:

By representing, organizing and defending the rights and interests of the maquila workers in Nicaragua, its principal remit is to encourage and strengthen unity of action by trade unions. The union’s main policies are aimed at developing a policy of alliances, affiliation and exchange and solidarity in trade union, political and party matters, at both national and international level.

Training, communication and advocacy with a gender perspective are guiding principles in the process of growth and strengthening of trade unions in the federation of unions of the textile industries. The Federation proposes to incorporate and put into practice a comprehensive strategy with a gender perspective and inclusion of the LGBTIQ + population in union structures. The last three years have seen the implementation of a campaign to eradicate violence and harassment in the workplace, aiming to create mechanisms to prevent it and to influence the government to ratify ILO Convention 190.

Training for union leaders, legal advice, contact networks, regional and international exchange workshops and recruitment campaigns are also important activities. 

“21 per cent of union leaders in the sector are young people under 30. As an incentive, FESITEX sets out motivating trade union activity, which promotes and encourages cultural and social activities that go beyond the workplace,”

says FESITEX general secretary, Pedro Ortega Méndez.

Union win

Earlier this year, garment manufacturer Tegra Global announced the closure of its New Holland Apparel plant and the termination of its 966 workers. NUPA, part of FESITEX, affiliated to IndustriALL, called for talks with Tegra Global to secure additional benefits for the workers. 

After three days of negotiation between a committee of local and global Tegra directors and a union committee made up of representatives from NUPA, FESITEX and IndustriALL, a settlement was reached on 4 June. 

“This win will give strength to the struggle of Central American textile workers and build working class consciousness in the region. We have shown that, as long as we are united and organized, we can win economic and social demands, even if the company is leaving the country,”

says Pedro Ortega Méndez.

Fact box

FESITEX, established in 1990, is affiliated to IndustriALL Global Union and represents 10,000 members through 16 local unions. 

Twitter: @fesitex

Facebook: @fesitex.nicaragua.5

Coal miners in Ukraine demand elimination of wage arrears

Large wage arrears at state-owned coal mines have again triggered local protests. On 2 December, 90 miners in the Almazna mine in Dobropolye, stayed underground after their shift ended, demanding payment of wages since October.

After negotiations with company management, the miners got up to the surface and wages were partially paid the following day. However, the debt remained, causing more protests with workers refusing to enter the mine. A few days later, mine drivers joined the protest.

In Lviv, 32 miners at the Chervonogradskaya mine remained underground on 7-8 December, demanding wages owed since July. Miners from other mines that belong to the same company have joined the protest on the surface, and the protest is continuing. Their demands also include increasing tariff rates in accordance with current legislation and industry agreement, and setting an objective price for coal.

Following the protests, most state-owned coal mines received budget funds on 9 December and partially paid wage arrears to miners, totalling UAH335,8 million (US$12.4 million). However, remaining wage arrears still exceed UAH2 billion (US$74.3 million).
According to NPGU chair Mikhailo Volynets, who is a member of parliament, despite requests to increase the 2022 state budget and allocate sufficient funds for the coal mining industry, the ruling party again approved low figures.

“The state budget for 2021 had no funds for health and safety measures. There is a shortage of portable self-contained rescue devices; at Lisichanskugol they amount to 51.5 percent, and at Pervomaiskugol to only 40.1 percent of the required amount, as well as a shortage of rechargeable lamps. State-owned mining companies mostly failed to complete the required OHS training,"

says Mikhailo Volynets.

In addition, underfunding of the industry has led to poorer health and safety at state-owned coal mines. This year, the injury rate has increased by 22.8 percent compared to last year and eight coal miners have died at work.

“It is shameful that miners, who earn a living in hazardous conditions, are only paid three or four times a year, instead of monthly. This must be rectified immediately, with the state budget allocating funds, ensuring timely wage payment and proper health and safety measures,”

says Kemal Özkan, IndustriALL assistant general secretary.

Building union power in the renewables supply chain

This was the key question that emerged from IndustriALL Global Union’s webinar on Building union power in renewables,held on 9 December, with experts from the International Renewable Energy Agency (IRENA), an intergovernmental knowledge, policy and finance centre.

Ulrike Lehr and Michael Renner from IRENA gave a summary of what an energy transition pathway could mean in terms of the economy, employment, and human welfare. 

IRENA’s research on Renewable Energy and Jobs shows that the global pandemic has not slowed down the growth of renewable energy, and highlights the tight connections between the environment, the economy and human well-being. 

The growing challenges of climate change reinforce the need for a just and inclusive transition toward sustainable, decent, climate-friendly jobs. The transition is well under way: in 2020 the renewable energy sector employed over 12 million people, and IRENA’s projections show that this number will only increase with time.

Ulrike Lehr, presenting scenarios for the future, stressed that “renewable energy jobs will increase to 43 million by 2050. While this is reassuring, all stakeholders need to be onboard.”

Michael Renner explained: 

“Technological advance influences employment creation in renewable energy, resulting in a reduction in costs. As renewable energy gets cheaper it becomes more competitive than fossil fuels, and employment increases. In parts of the value chain relating to the manufacture of equipment, and construction and installation, jobs will be created. As more and more capacity is installed over time, you will have more jobs in operations and maintenance.”

Just weeks after taking part in COP26, where trade unions made their demands clear, IndustriALL energy director Diana Junquera Curiel highlighted what these developments mean for unions.

“We need to support our affiliates throughout the supply chain. This can’t happen if we can’t ensure decent jobs, decent wages, labour rights and health and safety.

“We need a holistic approach that enables a more sophisticated understanding of not only the energy sector, but the economy, society and the planet" said Junquera.

“We are here to support workers in the changing world. Let us embrace the change towards green technologies and take the lead in training measures – thus we must make sure that the transition is a just one””, said Matthias Hartwich, IndustriALL director for mechanical engineering and base metals.

Hartwich explained how mechanical engineering can be part of the solution, through green technology, giving industries a chance to engineer a better future. 

A country’s ability to create jobs in renewable energy depends on its economic structures and capabilities. What dependencies does a country have, in terms of commodities, technology, and geographic footprint, and to what extent are they actively trying to localize capacity for renewable energy? Advancement in each country depends on national policymaking.

Kan Matsuzaki, IndustriALL assistant general secretary, spoke about building union power in the renewable supply chain. He explained that while IndustriALL supports affiliates with global framework agreements, networks and policy research, a more strategic approach is needed to ensure that affiliates are actively engaged in the transformation ahead.

IRENA’s experts explained that there is a need to actively address skills training, labour market measures and gender policies . There is a lot of work to be done to overcome the barriers that women face in the renewables industry. Better networks, and mentorships to support women, are needed.

Atle Høie, IndustriALL general secretary, concluded:

“We have a huge task ahead of us. As we transition from fossil fuels towards renewable energy, the new jobs that will be created will be in sectors that we represent. We need to make sure they are good organized jobs.”

IndustriALL and PSI renew global agreement with EDF

The extension was also signed by representatives of 15 trade unions, representing EDF workers around the world, from France, Germany, Italy, Brazil, Belgium, and China. The agreement applies to all EDF operations worldwide, covering over 160,000 workers in 24 countries.

The GFA was first negotiated and signed in 2005 and renewed in 2009. Another round of negotiations took place in 2018. Trade union representatives chose an extension of the current GFA instead of initiating a renegotiation process. The parties reached a consensus that the current global agreement contains good language and that the focus should be on implementation at workplaces around the world rather than renegotiation, particularly during a moment when the threat of restructuring the EDF group remains present.

Some of the important clauses that are included in the GFA are:

The GFA offers an opportunity for IndustriALL and PSI affiliates to collectively take full advantage of its provisions to build power, to defend members’ rights and conditions, while promoting quality public services. Affiliates with membership in EDF operations, subsidiaries and subcontractors worldwide are invited to maintain close contact from all regions to ensure that the content of this agreement is fully implemented and respected.

Atle Hoie, IndustriALL general secretary, said:

 “Global framework agreements give us the possibility of being aware of workers’ labour conditions around the world in multinational companies. They also help us to solve conflicts and anticipate the challenges for them. With this extension we will continue focusing on key aspects like due diligence and Just Transition within EDF.”

Rosa Pavanelli, PSI general secretary, said:

“The expiry of any agreement provides an opportunity to reflect on its contents and implementation. We have good GFA with EDF. We need to focus on a full and coordinated implementation of this global agreement from the bottom up.”

The agreement is monitored by a Dialogue Committee on Corporate Social Responsibility (CDRS). CDRS secretary Roland Van Puyenbroeck said:

“All of the members of the global coordinating committee are looking forward to giving continuity to this important work.”

EDF (Électricité de France)  is a French multinational energy company, largely owned by the French state. The company is active in electricity generation and distribution, power plant design, construction and dismantling and energy trading. EDF maintains operations in nuclear power, hydropower, marine energies, wind power, solar energy, biomass, geothermal energy and fossil-fired energy.

Image of the EDF tower in Paris CC by Falcon Photography

Discussing a Just Transition in India

Discussions also covered last month’s COP26 summit, commitments made and the process of achieving the set targets. Sectors like coal, steel and energy will be in focus as the issue of global warming and climate change will mean reducing greenhouse and carbon dioxide emissions. India’s prime minister has committed to a CO2 reduction by 2030 and a net zero emission by 2070 through an increase in renewable energy sources and a reduction in thermal energy.

However, IndustriALL affiliates discussed that developments at the national level, including privatization of coal mines in India, indicate that coal mining will not end anytime soon. Energy conglomerate Adani has started coal extraction in Australia, which will be used for energy generation in India and then be sold to Bangladesh.

In his presentation, Mathias Hartwich, IndustriALL director for base metal and mechanical engineering, highlighted two mega trends workers are facing: industry 4.0 green technology in the production and services of the industry.

“Trade unions should not oppose changing technology, but demand to part of the discussions with the government and employers,”

said Matthias Hartwich.

“The skills demanded in the future will change and workers will need training. Unions need to fight for reskilling for their members and ensure that the new jobs are quality jobs with organized workers.”

S.Q. Zama from the Indian National Mineworkers Federation said:

“Coal is currently the most hated industry. Though the government has committed to reduce the use of coal in the future, it has to frame a sustainable industrial policy that covers all sectors.”

Sanjay Vadavkar, SMEFI general secretary and member of IndustriALL executive committee, said:

“The government has to start discussing its plans with unions, because the changes that are going to take place in the various industries will ultimately effect a large workforce.”

Affiliates in India decided to submit a joint representation to the government on the need to engage in dialogue with unions on Just Transition, given the commitments made by the Indian government. IndustriALL affiliates will engage with management in core sectors like steel, coal and mechanical engineering to discuss technology changes and include demands related to Just Transition in the upcoming collective bargaining negotiations.

Kemal Özkan, IndustriALL assistant general secretary stressed that IndustriALL will support affiliates in the discussion on Just Transition.

“Transformation is happening and we need to prepare. We don’t want a transformation without or against us. Instead we need a clear labour market policy.”

“Working in Myanmar is like modern slavery”

On 7 December, IndustriALL hosted a webinar in solidarity for the fight for democracy in Myanmar.

Ten months after the military coup d’état and the overthrow of the democratically elected National League for Democracy government, the political and economic situation is worsening in Myanmar.

According to Assistance Association for Political Prisoners, since February, 1,305 Myanmar people have been killed and 7,823 are in detention.

Khaing Zar, president of IndustriALL affiliate Industrial Workers’ Federation of Myanmar (IWFM) and CTUM treasurer, said that many garment employers use the military dictatorship to ignore labour laws and violate collective agreements. And there are instances where workers protest for unpaid wages or cut benefits and employers have brought in soldiers against the protesting workers.

Khaing Zar added:

“Without a democratic government, there are no workers’ rights. The current working situation is comparable to modern slavery. If brands continue investing in Myanmar, they are indirectly financing the military regime and endangering people. The European Union should immediately withdraw the Everything But Arms trade privilege.”

IndustriALL has called on multinationals doing business in Myanmar to take immediate action to cease operations, divest, stop placing new orders, and halt business relations in the country, as part of a campaign of comprehensive economic sanctions against the military junta.

IndustriALL congress in September adopted an emergency resolution in support of the democratic struggle in Myanmar, calling for comprehensive economic sanctions against the military junta. The decision to call for sanctions was made by the labour movement of Myanmar and supported by trade unions and activists around the world.

In the webinar on 7 December, trade unionists from India, Indonesia, Japan, Korea, Malaysia, Thailand and Philippines expressed solidarity with Myanmar unionists in their pro-democracy struggle.

“We stand together with our Myanmar brothers and sisters, as well as with the national unity government. We must fight for a return of democracy in Myanmar where the labour movement can freely carry out its work,”

IndustriALL vice president Akira Takakura told participants.

IndustriALL assistant general secretary Kemal Ozkan said:

“It is critically important that the ILO recognize the national unity government permanently. And the military regime must be isolated. We reiterate our call on multinational companies to choose the side of humanity and democracy. Our core message is that human rights violations in Myanmar make it impossible to trade ethically, as companies are not able to guarantee the safety of their workforce.”

Georgian unions prepare to negotiate a Just Transition

Participants discussed how climate change and the transition to green energy can affect industry sectors in Georgia, and what unions can do to protect workers. Unions decided to widely inform members on the concept of Just Transition, and to develop an approach to Just Transition, bring it to the government and employers in Georgia, and invite them to negotiate on climate change and ways of transition to green energy.

IndustriALL assistant general secretary Kemal Özkan spoke about the recent climate conference COP26 in Glasgow, where IndustriALL, as part of a union delegation with the motto “Nothing about us, without us”, lobbied to ensure workers’ issues were on the agenda.

“A coordinated, global response to Just Transition is important to secure workers’ rights and defend workers' interests during the transition to a climate-resilient future,”

said Kemal Özkan.

Michael Wolters from IG BCE spoke on the implementation of a Just Transition policy in Germany, where the closure of coal mines took 50 years, and laid-off miners were able to retire earlier or be retrained for the newly created jobs.

Cristina Hanson and Jesper Lund Larson from 3F in Denmark spoke about a green transition as a road to new jobs and better climate, the development of green technologies, and what 3F is doing to promote a green transition.

IndustriALL affiliates from Ukraine shared the country’s experience in shifting to green energy, which now makes up around nine per cent of the energy balance.

Chairs of three IndustriALL affiliates in Georgia described the current situation and perspectives in energy, coal, oil and gas industries. In Georgia, the government has just launched the development of ten-year program on climate and energy. Unions will demand that the government includes their representatives in the commissions developing the programme.

The workshop was the start of a two-year project run by IndustriALL and the United Federation of Danish Workers 3F, for unions in Armenia, Azerbaijan, Georgia, Moldova and Ukraine.                                                                                                                                 

Union campaign pays off as Covid-19 vaccination rates hit 74% in South Africa’s garment sector

To promote workers vaccination, IndustriALL affiliate SACTWU entered into a strategic agreement with employers to facilitate vaccination through the union’s primary health care clinics. A report from the Covid-19 Vaccination Rollout Campaign Framework Agreement that the union signed with employers’ state:

“Out of a sample of 33 906 persons registered with the clothing industry's health care clinics, a total of 25 107 (or 74%) have now been vaccinated.”

The vaccination rate is more than double the national average of 35 per cent.

SACTWU says the report showed that out of 320 hospital admissions of garment workers, 295 (or 92 per cent) were unvaccinated, 21 (or 7 per cent) partially vaccinated and 4 (or 1 per cent) fully vaccinated.

Further, of the 56 Covid-19-related deaths recorded among the garment workers, 49 (or 88 per cent) were among the unvaccinated, 7 (or 13 per cent) partially vaccinated and none among the fully vaccinated, concludes the report.

“The union clinics are providing an essential service to workers and communities. When I went to the clinic, I got some education on why the vaccine is crucial in protecting me from Covid-19. I am now using this information to educate and encourage others to vaccinate especially the youth who must lead by example,”

says Nomandla Sizani, a SACTWU organizer, who got her jab at the Salt River health care centre in Cape Town.

Andre Kriel, SACTWU general secretary welcomes the report:

“We are pleased with this progress, which brings us within reach of the 80 per cent vaccination rate which the framework agreement sets as a target for our industry. We will continue to encourage all our members, in the sectors that we are organised, to get vaccinated.”

Atle Høie, IndustriALL general secretary says:

“We commend the union for the ongoing vaccination campaigns. All efforts to make our members take the vaccine save lives. IndustriALL and other global unions are calling on the global community to remove obstacles to universal access to Covid-19 vaccines, including a TRIPs waiver on intellectual property rights to allow for the local production of vaccines in South Africa and other developing countries. This will improve vaccine equity and access in countries of the Global South.”

IndustriALL and other global unions recently called for universal access to Covid-19 vaccines, health products and technologies | IndustriALL
 
The South African government’s national vaccination programme which aims to vaccinate 40 million people or 67 per cent to reach population immunity, is facing vaccine hesitancy. Although the country has secured enough vaccines, fewer people are turning up for inoculation. According to the department of health by 7 December, 26, 6 million vaccines had been administered. However, four million people over the age of 50 and 13 million aged 18-34 are unvaccinated.

The vaccine hesitancy, mainly caused by anti-vaccination sentiments on social media platforms, has prompted the government to consider mandatory vaccination at workplaces and as a requirement to access public services. With the detection of the highly transmissible Omicron variant by South African scientists, it has been observed at one of the country’s largest hospitals, Baragwanath in Johannesburg, that most of the recent severe Covid-19 cases that require hospitalisation are among the unvaccinated aged below 35. For the vaccinated, the symptoms are said to be mild. According to the National Institute for Communicable Diseases, over 90 000 people have died from Covid-19 complications since the outbreak of the pandemic.

To increase the vaccination uptake, the minister of employment and labour Thulas Nxesi said at a meeting of the country’s social dialogue council, the National Economic Development and Labour Council (NEDLAC), that a committee has been set up to explore how mandatory vaccination can be conducted. But mandatory vaccination appears not to be the only strategy being used by the government, there are also cash prizes for getting vaccinated.

Indonesian Supreme Court finds in favour of Freeport strikers

The Supreme Court has ordered Freeport to reinstate all the workers who were fired. The ruling, issued on 28 November, upholds a 2018 judgement by the Papua province department of Manpower that the strike was legal. At the time, the governor of Papua ordered the company to reinstate the workers. The company ignored the order.

Faced with company intransigence, the CEMWU union was forced to settle the dispute on poor terms in December 2017. However, the workers were advised to separately seek justice through the legal system.

The Grasberg mine in West Papua has long been contentious, with the US mining company Freeport-McMoRan accused of extracting resources from the country without beneficiation. The original dispute was triggered after the Indonesian government introduced a new Mining Act, which included plans to partly nationalize the mine. The Indonesia government required Freeport to divest 51 per cent of its shares and build a copper smelter.

The company retaliated by threatening to lay off workers, and in February 2017, about 12,000 direct employees, including prominent union activists, were placed on furlough, and 20,000 contractors were terminated. This triggered a strike, which lead to 4,200 workers having their contracts terminated. The company refused to speak to the union, and said that because it considered the strike to be illegal, the workers had “voluntarily resigned” by taking industrial action.

Workers who lost their jobs also lost access to healthcare, housing and schooling for their children. A number of workers died as a consequence. Striking workers were also subject to severe repression by the security forces, who have a history of being used by the company to suppress labour disputes. Several workers sustained gunshot injuries at a demonstration in April 2017.

Miners commemorate their dead at a protest

There is a history of labour unrest at the Grasberg mine. After 59 years of operation, Freeport workers went on strike for the first time in 2011. The strike cost Freeport a lot of money, but resulted in improved conditions for workers. The company has tried to break the union ever since.

The Indonesian government is now the majority owner of the mine, and the company built the smelter in 2021.

IndustriALL mining director Glen Mpufane said:

“This case has been deeply unjust from the start, and Freeport behaved without conscience. Workers and the people of West Papua were used as a political football in a dispute between the company and the Indonesian government.

“The Supreme Court ruling shows the justice of the workers’ case. We hope this can be the beginning of the restitution of workers’ rights, and of better industrial relations at the Grasberg mine.”