BHP global network stands strong together

Igor Diaz from Sintracarbón reported on the month-long unrest in Colombia as well as the recent temporary suspension of over 9,000 contracts.

In late May the company temporarily suspended the contracts of the entire workforce. The move came after some 225 workers made redundant as a consequence of unilaterally-imposed shift changes occupied the rail tracks preventing the transport of coal to the port. Rather than engaging in dialogue with dismissed workers about their legitimate grievances, the company invoked force majeure and temporarily suspended over 9,000 workers. The protesting workers have since lifted the blockade and are in discussions with the company with the support of Sintracarbon

“Many have been injured and died from the violence inflicted by the state and many women have been raped. But we dream about a new country and your solidarity and support for both the Colombian people and the workers fighting for their rights at BHP is important.”

BHP is struggling to live up to its gender policy. At Cerrejón for example, women make up less than ten per cent of the workforce, are overrepresented in the number of dismissed workers, as they are first in line when it comes to retrenchments. In Australia, there are reports of sexual assaults at some Australian coal mines, as well as dismissals of women who raised ethics points on sexual harassment in the workplace.

“A global player of BHP’s size cannot be allowed to get away with such blatant gender violation and ignorance of its own ethics policy, gender and diversity 2025 commitment to achieving 50 per cent gender balance at the higher echelons (board and executive) of its operations,”

said Glen Mpufane.

Stephen Smyth, District President, CFMEU Mining and Energy, Queensland, reported on their fight – and win – with BHP over the company’s contracting out company, Operations Services. Together with AWU, the unions managed to get BHP’s agreement with non-union labour thrown out by the fair work commission.

CFMEU’s central collective agreement at BHP operations in Australia that covers 2,500-3,000 workers is expiring in June and the CFMEU considers the upcoming CBA negotiations as crucial. As the agreement expires in June, the upcoming negotiations are important, says Stephen Smyth, the President of CFMEU – Queensland,   Health and Safety, Automation and gender equality will be key considerations in the negotiations.

“The new agreement will be a template when it comes to automation. Automation has already resulted in a 20 per cent reduction of activity and BHP will be trying to play hardball.”

Marcelo Franco, president of the workers’ union at BHP’s Cerro Colorado mine in Chile and head of the Coordinating Committee bringing together six BHP unions calls 2021 the year of collective bargaining at BHP in Chile; The workers union at Spence recently voted in support of strike action, as did workers at the control center in Santiago where some 220 workers control operations at the BHP mines located 1,400 km away in the North of the country.

Unions reported on the unsatisfactory response of BHP to the COVID19 pandemic. BHP has for example laid of 320 workers claiming that these workers suffered from pathologies but later rehired 160 of these workers without due and fair process.

The country’s Supreme Court decision to uphold a local indigenous communities’ complaint about BHP’s violation of its water license, has put BHP’s Cerro Colorado operations into doubt. The union has called on BHP to respect the country’s environmental laws as its disregard places jobs and community livelihoods at risk.  

IndustriALL assistant general secretary Kemal Özkan underlined the importance of global solidarity and support:

“The mining industry is globally facing transformative challenges. Mining houses, particularly BHP, must genuinely engage with unions for a Just Transition. IndustriALL’s BHP Global Union Network has built unity, power and solidarity through its actions and company management must listen and respond to this strong voice.”

Global union support for General Motors workers in Mexico

Workers at the GM plant in Silao, Mexico, are waiting for a second workers' vote on whether to seek a new collective  agreement that is not controlled by the central CTM union. During the first vote, CTM, in collusion with the company, tampered with documents, destroyed ballots and intimated workers in an attempt to maintain the plant's current employer protection contract.

Mexico's labour ministry ruled that the voting process had violated the principles of safety and certainty required, declaring the procedure invalid and ordering a follow-up vote to be held within 30 days.

However, that period ended on 28 May, and CTM has still not announced a second vote.

The federation of independent unions in the automobile, automotive parts, aerospace and tyre industries (FESIIAAAN) held a press conference to raise awareness of the situation and show its solidarity.

GM workers in Mexico welcomed the international support, stating that their rights had been violated during the first vote and were still being violated now. They said that some people were offering bonds worth 5,000 Mexican pesos to get them to vote in favour of the CTM contract, and that the company was harassing them and threatening to dismiss them.

FESIIAAAN's representatives said that the process for approving the collective employment agreement had to be carried out in keeping with the country's labour reform. They called on the labour ministry to ensure that the appeal filed by the workers was resolved as soon as possible, as that was the only way to ensure that the workers’ right to freedom of association was respected:

"FESIIAAAN unions are calling for full compliance with the right of the 6,494 workers at GM’s plant in Silao to vote freely and democratically, so that they can approve or reject the collective employment agreement currently governing labour relations in their workplace."

Many union leaders spoke in support of the GM workers, who had shown courage in rejecting CTM's employer protection contract. Representatives of the Los Mineros, SME, SNTGM and STIMACHS unions in Mexico, the CNM/CUT and CSP CONLUTAS unions in Brazil, AFL-CIO and UAW in the United States and Solidarity Centre and Unifor in Canada all took part.

IndustriALL automotive director Georg Leutert said:

"The situation at GM is unacceptable, as CTM is seeking to maintain its employer protection contract even though the majority of the workers want to vote in favour of democracy and a free and independent union.

GM has strong corporate values that include respect for the fundamental rights set out by ILO, and we call on the company to ensure an individual, direct and secret ballot and to take a neutral position, without trying to influence employees before or during the voting process.

We urge the Mexican authorities to take all necessary measures to ensure that each worker is free to vote."

IndustriALL principles and guidelines on telework

Guidelines
ENGESPFRA
Recommendations
ENGESPFRA

“Our guidelines on telework are a reflection of what we see as the main challenges that come with it and what is needed to negotiate good protection of workers. We are aware that telework is a developing form of work organization. Thorough reflection and discussion, based on good practice and the assessment of experience, should continue within and between trade unions, workers and employers, to overcome challenges and ensure the optimal protection of workers. Our intention is to develop this material in line with the observed developments,”

says Atle Høie, IndustriALL assistant general secretary.

Telework is nothing new and has grown gradually over the years along with the development of new technologies and digital tools. According to the OECD, in 2015 already, 25 per cent of workers in the manufacturing industry worked remotely at least some of the time, but these figures increased dramatically during the pandemic. According to figures from the European Union, whereas as of 2019, only 5.4 per cent of workers in the EU usually worked from home, close to 40 per cent of EU workers began to telework fulltime as a result of the pandemic. 

With the technological leap with digitization of production processes there’s a growing share of white collar workers in the industry, hence increasing the share of the workforce eligible to perform their work remotely. 

“This is a very good initiative. We are looking forward to introducing it to IndustriALL affiliates. It will become an important instrument in our trade union fight for workers’ rights in telework and improved work/life balance,”

says Anne-Catherine Cudennec, CFE-CGC, co-chair of the IndustriALL white collar sector. 

Remote work will remain a permanent feature of the world of work even after the Covid-19 crisis passes. Telework may have many advantages for workers, including greater autonomy and flexibility, but it also presents  a certain level of risks for workers and trade unions .

To prevent such risks telework must be negotiated and employers and governments must ensure this right. It will play an important role in framing the future of work and will contribute to reshaping our societies. Trade unions must be actively involved in the development of new legislation in this area. Collective bargaining at sector, company and workplace levels must play a key role in regulating telework, especially when legislation is weak.

At company level, the health crisis has accelerated the negotiation of agreements and policies on teleworking. IndustriALL has put together some existing clauses in collective agreements on telework, as well legal provisions as a complement to the guidelines.

“These guidelines and principles intend to give trade unions support in their negotiation processes to ensure that telework is an opportunity for an improved quality of work and life for workers, and that flexibility does not lead to a lack of protection and security. I hope they will be used widely and that be beneficial for our affiliates and their members,”

says IndustriALL general secretary Valter Sanches.

Lesotho workers strike over government failure to announce wage increases

The strike is over a wage dispute arising from the government’s failure to announce wage increases for textile, garment, shoe, and leather workers in the last two years. The last wage gazette was published in 2019 and wages for the workers have not been increased since. According to the labour laws, the wages gazette must be published yearly, but the government is using the Covid-19 pandemic as an excuse for not increasing the minimum wages.

This prompted an indefinite national strike in which over 40,000 workers took to the streets in protests. The government  responded with force, with the police attacking and injuring several striking workers.

Mamakalo Mohapi, IDUL president and garment worker at Precious Garments in Maseru says:

“Instead of resolving the dispute by announcing new wages, the government is resorting to the use of excessive force. Two workers have died: one was hit by a truck while the other was shot by the army. Several workers have also been injured and hospitalized.”

Mohapi says employers are also using divide and rule tactics.

“With non-unionized workers being asked to report for work when unionized workers are on strike, the employers are also turning workers against each other. Employers are also bribing workers to break the strike.”

Minimum wages in the textile sector for workers with less than a year’s experience are LSL1900 (US$138) for a general worker and trainee machine operator, and LSL2042 (US$148) for a machine operator per month. Those with experience over a year earn LSL2120 (US$155). Workers are demanding a 20 per cent increase to improve the low wages that are not enough to pay for their living expenses.

“The government must announce the wage increases and be sensitive to the livelihoods of workers who have waited for two years for an increase. The workers’ rights to freedom of association must be respected, and the police must stop using force against the striking workers. We support IDUL’s fight for minimum living wages,”

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

Photo: IDUL at a rally in Lesotho, 2019

National strike committee calls for more protests in Colombia

Protests have taken place across Colombia since 28 April. The national strike committee, made up of social, ethnic, community and union organizations (many of which are affiliated to IndustriALL), has supported the campaign since the beginning.

The committee is now calling on the government to sign a proposal to ensure that the protests are dimilitarized and that demonstrators’ human rights are respected. The committee has condemned the recent rise in police violence, especially in the city of Cali. It has also called for the repeal of the government’s militarization decree adopted on 28 May, setting out instructions for maintaining and re-establishing public order.

The committee has so far recorded 70 deaths from police violence during the protests (14 of which occurred on 28 May in Cali), 51 eye injuries, 1,502 arbitrary arrests and 87 incidents of gender-based violence.

Igor Díaz, president of Sintracarbón, says:

"Colombia is experiencing major social unrest, with the civil population rising up against state repression. The state is doing nothing, and many people have lost their lives.

"The government has backed down on some of its planned reforms, particularly in relation to tax and health care. However, there is still a lot of work to do and that's why we're calling for fresh protests. It's our responsibility to raise social awareness and try and create a different kind of country."

The committee says that it was due to the pressure from the protests that the government backtracked on its regressive tax and health-care reforms. The government withdrew its tax reform on 2 May, and the committees of the Senate and House of Representatives rejected the health-care reform on 19 May.

The strike committee has confirmed its willingness to hold a dialogue with the government. It has submitted a list of emergency demands for negotiation, calling for a rethink of the country's economic, social and political model and for the fight against poverty, inequalities, discrimination and violence to be prioritized.

The Committee on the Application of Standards taking place at the 109th session of the ILO’s International Labour Conference in Geneva, has included Colombia in its shortlist of countries with the most serious violations of international labour conventions. The Government of Colombia has to submit information on cases relating to Convention 87, on freedom of association and protection of the right to organize.

IndustriALL regional secretary, Marino Vani, says:

"We stand with the Colombian people and condemn the state and government violence; the murder and rape being committed by paramilitaries is unacceptable and is being used to sow fear and terror.

"We urge the government to change its attitude, stop the bullets and the repression, make dialogue a priority and provide a concrete response to the agenda proposed by Colombia's organized, representative and active citizens."   

Court rules Shell must cut greenhouse gas emissions

This remarkable step forward towards corporations’ accountability and responsibility came after activist groups filed a lawsuit in April 2019 on behalf of more than 17,000 Dutch citizens, alleging that Shell’s continued investment in fossil fuels represents a threat to human rights. The court decided that "Shell's climate policy was not concrete and is full of conditions…that's not enough", ordering the company to cut carbon emissions by a staggering 45 per cent by 2030.

The ruling sets an important precedent, as it opens the way to climate change litigations towards other energy companies, such as Total, BP, Exxon or Chevron, forcing them to go further in their emission reduction plans and their implementation.

Shell has declared that they will appeal the ruling and that the company has set their goal to become carbon neutral by 2050.

However, in a recent interview on clean energy targets, Shell CEO Ben Van Beurden said that the company focuses on the demand side, expressing hopes that the demand for oil and gas would be around for a very long time. So as long as oil and gas demand persists, Shell will continue drilling, making its compromises implausible.

Valter Sanches, IndustriALL Global Union general secretary, says:

“Shell has failed to deliver due diligence responsibility under Dutch law because its policies and emissions contribute to a dangerous climate change. We expect and demand that this ruling will oblige Shell and other oil companies to develop real plans to reduce their carbon emissions and invest in green energy and products with a socially acceptable Just Transition. Transition must be done in consultation with workers and their unions in order to achieve justice in workplaces and communities.”

IndustriALL Global Union has a union network with the participation of its relevant affiliates, which has conducted a campaign demanding Shell to apply the same high-level standards and its operations everywhere, including suppliers. But, the company remains hostile to the unions and fails to engage with them on a global level and limit precarious work, improve health and safety. Recently, in the USA, Shell has suddenly decided to pull itself back from the refining industry by selling the Puget Refinery to HollyFrontier and the Deer Park Refinery to Mexico state owned oil company Pemex although the latter was always presented as flagship refinery for Shell in the US, with which a serious risk has emerged that hundreds of workers may be left behind. The workers in the refinery are members of IndustriALL’s affiliate USW.  

The fatally hazardous environment in Pakistan’s largely unregulated coal mines

Mohammad Israr, 17, says that he prays with a heavy heart every time he enters the deadly coal mine in the mineral-rich, south-western province of Balochistan that claimed the life of his father.

“My father worked in coal mines for over two decades, but ever since his death over a year ago, I had to quit my studies and leave my home to come and work here as a miner,”

Israr tells Equal Times.

With his basic knowledge of Arabic writing and a short background of religious studies, Israr has written various holy verses on the stained black entrance of the mine with white chalk as an omen for good luck and safety. “Our wholesale reliance is on Allah. Nothing else can protect us here,” says Israr, a native of the former Taliban stronghold of Swat Valley in Khyber Pakhtunkhwa, northern Pakistan, which is over 1,600 kilometres away.

Israr labours for at least 10 hours a day as a helper underground, and occasionally as a coal loader. The work earns him around US$10 per day, but it is exhausting and perilous. Adapting to the extreme temperatures of Balochistan, where it plummets below zero in the winter and routinely exceeds 40°C in the warmer months, as well as the life-threatening work of small-scale mining, has been physically and mentally very hard for the teenager.

But Israr has no choice.

“I have to pay back the loans that we took out to pay for things when my father died, and I have to help look after my nine siblings and my mother. There is no other work available,”

he tells Equal Times.

According to the BP Statistical Review of World Energy 2020, Pakistan has some of the largest coal reserves in the world (3,064 million tonnes), and coal is used to power everything from brick kilns to cement factories to electricity power plants. But coal mining in Pakistan is incredibly dangerous.

Reliable data is hard to come by as most workers are informal and work attendance registers at the mines are poorly maintained, but at least 100 mine workers lose their lives every year; in 2020, it is estimated that 208 mine workers died in Pakistan. Thousands more are injured and an untold number develop serious illnesses and diseases as a result of their work.

The mines tend to be operated by small and medium-sized mining groups, or individuals, many of whom operate on a short-term basis with a sole focus on profit-maximisation. With so many informal enterprises numbers vary, but there are thought to be over 3,000 registered coal mines in Balochistan, engaging over 40,000 miners. Pakistan’s miners are mostly subcontracted, doing manual or semi-mechanised work in privately owned mines which receive little technological investment because the cost is shouldered by mine owners who do not want to impact their profit margins. The government offers little to no legal, financial, technological or social support to mine owners.

The hours are long, up to 14 hours a day, and while it is illegal for workers under the age of 18 to be engaged in hazardous work in Pakistan, child labour in the mining industry is common, and children as young as 14 years old can be found working underground. There are few health and safety measures for mine workers, little or no training, no paid holidays, no health insurance, and very low wages.

The precarity faced by Pakistan’s mine workers is compounded by the fact that many are migrants, either from the impoverished Khyber Pakhtunkhwa regions of Swat and Shangla, which were previously marred by the Taliban insurgency and suffer from chronic underdevelopment, or from neighbouring Afghanistan. The latter group of workers mostly work and live in Pakistan without valid papers, which puts them at the mercy of rogue mine bosses, some of whom habitually underpay migrant workers, or don’t pay them at all.

Now in his early fifties, Amin Ullah was just 15 when he left his village in Shangla to come to Balochistan to work as a miner.

“I have dodged death many times but many of my fellow workers – some of whom were my friends and relatives – could not survive in the mines,”

he says, sombre with grief.

The inadequate salary of approximately US$250 per month means that workers like Amin cannot afford to take leave to visit their family. “The last time I visited my home in Shangla was in 2014. I have missed so many Eids [the Muslim holy festival] and so much more. It is heart-breaking.”

Time to address the safety crisis

Despite the horrifying death toll in 2020, 2021 could be an even worse year for mine safety. The year started in ignominy with a spate of mine accidents, including the deaths of at least 15 coal miners in two separate incidents less than a week apart after trapped methane gas exploded into ferocious fires inside mines in western Balochistan. In February, four coal miners died following a mine collapse in Duki district, Balochistan. And on 25 December 2020, six coal miners were trapped inside another mine in the same district.

The primitive extraction methods employed in most coal mines means that workers risk death or serious injuries from gas explosions, mine wall collapses, floods, and equipment-related accidents. Occupational diseases such as black lung (an incurable but preventable illness caused by inhaling coal mine dust), hearing loss, spinal cord disorders caused by the continuous vibration of equipment, sight disorders, and tuberculosis, are common.

The provision of rescue equipment, methane gas detection equipment and proper ventilation are all in short supply or poorly maintained. It is the same for fire-fighting services, hospitals, ambulances and pharmacies, none of which can be found within easy reach of the mines.

Effective health and safety monitoring mechanisms are also severely lacking – there is only one chief mine inspector for the whole of Balochistan, and he only makes 10 visits a month according to a 2019 National Commission for Human Rights-Pakistan report. A 2018 article for Dawn, one of Pakistan’s leading newspapers, further states that “despite 45 documented incidents resulting in more than 318 deaths in the last eight years, the Chief Inspector Mines of Balochistan has not prosecuted even a single mine owner/manager for criminal negligence”.

But neither the government nor the mine owners have committed to taking the necessary steps to improve working conditions for Pakistan’s miners. Veteran labour rights activist, Karamat Ali, says that Pakistan’s mine workers endure “inhuman conditions”. He tells Equal Times: “We strongly demand that the government in Pakistan ratifies the International Labour Organization (ILO) Convention 176 (C176) on mine safety, which we hope will create the right framework to address the safety crisis.”

C176, which is also known as the Safety and Health in Mines Convention, was adopted at the ILO’s 82nd International Labour Conference in 1995. It recognizes that there are inherent hazards in the mining workplace, and aims to create a standard that can be used by any ratifying nation to promote the health and safety of miners.

However, Pakistan has so far chosen not to ratify C176. “Unfortunately, all political parties and the current government in particular are anti-labour and elitist,” says Ali.

“Not only do they oppose pro-labour conventions, but they remain reluctant to implement those already ratified such as ILO C98 [editor’s note: The Right to Organise and Collective Bargaining Convention of 1949, which is one of eight fundamental ILO conventions],”

says Ali, who has been a part of the labour and peace movements in Pakistan for over five decades, and is the founding member of various local and regional networks such as the South Asia Labour Forum.

“The rate of union formation in Pakistan is below two percent,”

he adds.

IndustriALL, the Geneva-based global union federation representing over 50 million workers in 140 countries, has been working with local trade unions to campaign for the ratification and implementation of ILO C176 in Pakistan. Tanveer Nazir, IndustriALL’s Pakistan project coordinator, tells Equal Times that a lack of investment and poor regulation of the sector is behind what IndustriALL’s assistant general secretary Kemal Özkan describes as the sector’s “shameful carnage”.

Nazir says:

“Despite technological advancement around the world, coal mine operators and owners here do not want to budge from their dangerous, archaic methods of mining.

“The government has neglected to regulate and register coal mines and those who work in them. It has also failed to enforce strict safety measures for colliers, let alone invest in safety equipment for rescue workers and inspectors. Unfortunately, a large number of coal mines are operated informally by small or large mafias who use their influence to keep out government safety inspectors and to avoid giving mandatory compensation to workers families in case of injury or death.”

One of the main hurdles to the ratification of C176 has been the country’s federal structure and weak state. Although some observers say that the central government is not opposed to ratifying the convention, local miner owners put huge amounts of pressure on local governments not to do so, and for the convention to be effective, it will need to be strictly implemented by provincial governments after it has been ratified by the federal government.

Facing occupational accidents – and terrorism

Most of the coal mining in Pakistan happens in Balochistan, where sovereignty is contested between the state and tribal leaders. When contacted, the government spokesperson in Balochistan, Liaqat Shahwani, told Equal Times that Pakistan’s 1923 Mines Act covers most of the issues related to mining. He, however, acknowledged that matters such as workers’ rights to report accidents, the right to select health and safety representatives, and worker trainings, are not covered by this act.

“Balochistan needs support from the international community regarding the safety of mine workers and training programmes. It also needs investors to establish the manufacturing and industry-wide availability of health and safety equipment such as gas detectors, self-rescuers, breathing apparatus,” which are generally imported from abroad and maintained using foreign expertise.

But the unions say that much more needs to be done. IndustriALL’s Nazir says that the 1923 Mines Act is not enough to protect miners because after the 18th Constitutional Amendment in 2010, which curtailed the powers of the president and federal government, Pakistan’s provincial governments have the ultimate authority to enact and implement any legislation.

“In Pakistan the legislation process is also very difficult due to political instability,”

says Nazir.

Parallel to the relentless spate of deadly accidents in the coal mines, pro-Islamic State terrorists and ethnic Baloch separatists also pose a grim threat to mine workers who come from the northern parts of Pakistan as well as the Shia communities of the central highlands of neighbouring Afghanistan.

The remains of 16 coal miners were discovered in a mass grave in Khyber Pakhtunkhwa on 9 April, nearly a decade after they went missing. The area where they were found was once a stronghold of the Pakistani Taliban, but residents say that both militants and Pakistani security forces were carrying out abductions and murders at the time of the miners’ disappearance, the latter as part of its anti-terrorist operations.

Weeks before the discovery of the bodies, gunmen associated with a local group of pro-Islamic State terrorists brutally killed 11 ethnic Hazara workers, a long-persecuted Shia minority group in Pakistan and Afghanistan, in the Mach district of Balochistan. The group claimed responsibility for blindfolding and eventually trussing the workers in their communal compound near the mines they used to work in.

Mohammad Ali, a co-worker of Israr, said the massacre of Hazara mine workers in Mach has furthered the trauma endured by Balochistan’s coal miners.

“The sword of death always hangs over our heads inside the coal mine as it can collapse over us anytime, but the killing of workers in their sleeping compounds at night just proves that we are not safe anywhere,”

the 20-year-old told Equal Times.

Members of the Hazara community believe the incident in Mach was identical to the targeted killing of its members because of their religious beliefs in other parts of Pakistan and Afghanistan. They staged a sit-in protest with the dead bodies of the mine workers for days in a desperate demand for security.

This prompted Prime Minister Imran Khan to assure the reeling Hazara community that he would ensure their safety while dubbing the massacre an attempt to instigate sectarian violence in the country. “I share your pain & have come to you before also to stand with you in your time of suffering. […] I will never betray my people’s trust,” he tweeted.

Many ethnic Hazara mine workers hail from central Afghanistan’s Hazarajat region. In a conversation with Equal Times, members of the community said they fled Afghanistan to escape war and persecution, and due to a lack of proper documentation, their only option for work was in illegal mining.

“We are made to work for longer hours and in treacherous conditions, but what can we do? We cannot raise our voice or seek justice,”

says one Afghan coal mine worker.

This article originally appeared in Equal Times

3-month extension to Bangladesh Transition Accord achieved

Ahead of the expiration of the 2018 Bangladesh Transition Accord next week, UNI Global Union, IndustriALL Global Union, and a negotiating committee representing leading fashion brands are  pleased to announce that they  have reached a tentative agreement to extend the current commitments of the 2018 Accord for three months as negotiations continue. This interim agreement must still be signed by the individual brands.

Says IndustriALL general secretary Valter Sanches:

“The Accord has played an outstanding role in preventing fatal accidents since its creation in 2013, and the work must continue. This three month extension is a very important commitment.

“It demonstrates that we will not allow the safety and health of the Bangladeshi garment workers to be jeopardized while we continue negotiating a successor agreement with the brands, preserving the achievements in Bangladesh and also expanding them to other countries.”

Kyrgyzstan: controversial trade union law vetoed

For two years, unions in Kyrgyzstan have been fighting back against the now vetoed law, deemed to be in contravention of the national constitution and ILO Conventions 87 and 98, ratified by Kyrgyzstan.

The law was returned to the parliament with President’s objections on 27 May. The parliament will now rework it prepare an agreed version. Representatives of the government, trade unions and employers’ associations should be part of the conciliation commission.

“We favour reforms in trade unions and the adoption of an agreed draft law aimed at improving working conditions and strengthening workers' right to freedom of association,” says Eldar Tadjibaev, chair of the Mining and metallurgy trade union of Kyrgyzstan.
There have been numerous objections by international organizations, including IndustriALL, ITUC, ILO and the UN, as well as trade unions from around the world. IndustriALL urged the President to veto the new law, calling on the European Commission to intervene.

Previously, the government of Kyrgyzstan objected to the draft law and 70.000 Kyrgyz workers signed a petition against it. However, the draft law on trade unions was adopted by the parliament on 31 March without consultation with unions and without taking any objections into account.

IndustriALL assistant general secretary Kemal Özkan says:

“We welcome the fair decision of Kyrgyzstan’s President to veto the law on trade unions which is violation of ILO Conventions and a step back in developing a democratic society. We urge Kyrgyzstan to conduct any trade union law reform in full consultations with trade unions and in line with core international labour standards.”

Women miners confronting gender inequality together

The meeting concurred that the abuse of women working in the mines is driven by a toxic masculinity culture. Gender based violence, both physical and verbal, is prevalent.

Women face sexism and sexual harassment on a daily basis; 40 per cent of women mine workers surveyed in Canada had experienced unacceptable behavior like sexist remarks or unappropriated touching; women miners have been raped and killed in South African mines. Although some mining companies have developed policies, little action is taken to protect women workers, with some companies turning a blind eye to the reported cases.

Lucineide Varjão Soares, IndustriALL regional co-chair, mining sector co-chair and CNQ/CUT president, Brazil said:

“The participation of women in mining is not only a women’s issue but a trade union issue. Unions must organize and support women miners. Their voices must be heard and celebrated. Importantly, we must build solidarity with women miners to confront the challenges ahead.”

A perpetuation of gender stereotypes, gender discrimination, gender pay gaps, limited maternity protection, precarious working conditions, unfair dismissals, unsafe working conditions, and inappropriate personal protective equipment are all obstacles to women advancement.

Current laws and regulations are major barriers against women employment in the mines. ILO Convention 45, adopted in 1935 prohibiting the participation of women in mining sectors, is outdated and discriminatory but still in force in 68 countries. Camila Meireles from the ILO told participants that the organization is promoting a new approach protecting workers under C176.

Participants emphasized the importance of implementing national gender equality laws, and that countries should ratify ILO C190 and C176.

“We demand that the health and safety committee be involved in the mines where women are working to promote employment equity. We want an end to sexist remarks, touching and hidden cameras in women’s bathrooms. The bullying and harassment of indigenous women, harassed more than other women, must stop,”

said Deb Veit, UNIFOR, Canada.

Participants agreed that they want more spaces to open for discussions on gender inequality in the mining industry. Unions were urged to play an active role in making mining companies accountable. Often mining companies focused on gender imbalances at the expense of other issues.

For instance, the health needs of women miners, establishing breastfeeding areas and bathrooms at workplaces continue to be ignored.

 “It is the duty of the union as a watchdog to stop gender discrimination. We have fought for maternity protection in collective bargaining agreements and campaigned for gender equality,”

said Lydia Nkopane, National Union of Mineworkers, South Africa.

Recommendations from the meeting include identifying and developing more inclusive and diverse unions, with an increased representation and active participation of women, promoting gender equality in collective bargaining and social dialogue, as well as attracting more women to the mining industry from sciences, technology, engineering, and mathematics.

Women will also benefit equally with men from new technologies and Industry 4.0. Men should also receive training on gender equality and be part of the campaigns. Gender equality should also be promoted in artisanal and small-scale mining.

Hidanora Pérez, Sintracarbon, Colombia said:

“To share spaces of power at workplaces and unions, we need more women in leadership. We need representation by women who understand the issues and training is needed to address the non-participation of women.”

The meeting recommended engaging multinational corporations on gender equality and including clauses in existing agreements. Integrating a gender perspective in human rights due diligence across the supply chain and investor leverage campaigns were identified as key.

“Gender equality is a developmental issue. We must ring-fence positions for women through quota systems and train union leaders in gender mainstreaming,”

said Vida Brewu, Ghana Mine Workers Union.

Glen Mpufane, IndustriALL director for said:

“Promoting gender equality to stop the marginalization and discrimination of women is important. Gender-sensitive due diligence should be integrated in sustainable mining as reflected in Sustainable Development Goals and other UN documents.”