INTERVIEW: Beauty Zibula

Union:	The Southern African Clothing and Textile Workers Union (SACTWU)
Country:	South Africa
Texto:	Elijah Chiwota

After 41 years as a sample machinist, Beauty Zibula was elected as a Member of Parliament for KwaZulu Natal province in South Africa in the country’s national elections in May 2019. The election ended her four decade long career as a shop steward, which saw her assuming many leadership positions in her union, the Southern African Clothing and Textile Workers Union (SACTWU).

At the time of the election she was the second Deputy President of SACTWU, which has over 108, 000 members in the textile, garment and leather sectors. Zibula was in her teens when she got her first job in a garment factory in Durban, South Africa in 1978.

What was it like to be a trade unionist under South Africa’s apartheid regime?

“I got my first job at IM Lockhat at the height of the struggle against apartheid. It was a difficult period for South African citizens, workers and trade unions. As activists for democracy we were always under surveillance by the notorious police special branch of the repressive apartheid regime. I was arrested and detained many times as I was not only a trade unionist but also campaigned for the African National Congress (ANC), which at the time was a banned organization. Some were jailed while others were killed. Nelson Mandela and our leaders from KwaZulu Natal – Dullah Omar and Harry Gwala – were in prison on Robben Island.

“It was under these tough conditions that I started organizing workers, who were reluctant to join a union. Moreover, the employers discouraged workers from joining the union. Wages were segregated according to race, with the black African workers earning the lowest compared to white, Indian and coloured1 workers. Unionists were always seen by employers with a lot of suspicion. But my unionist had explained to me that my important task was to unify workers at the factory; and I managed to bring many Indian and African workers into the union.”

Describe your 20-year experience at Prestige apparel. What would you describe as the main challenges after the democratic breakthrough in 1994?

“The ANC and other liberation movements were unbanned. Mandela and other ANC leaders had been released from Robben Island in 1990s, and freedom was in the air. There was the democratic breakthrough in 1994 and the ANC won the first democratic elections. I was thrilled. There was freedom at last after years of struggle. Then the new Constitution guaranteed workers’ rights; workers’ rights including the right to strike became constitutional rights.

“I moved to Prestige Apparel but was still employed as a sample machinist, but this company was different. The machines were new and better. The company really tried to update to new technologies unlike the old machines that we were used to at IM Lockhat.

“As unions, we started campaigning for the Labour Relations Act and when it was passed it was a victory for workers. The benefits of the LRA are still felt today. It gives organizational rights to trade unions, promotes collective bargaining, and provides for the resolution of labour disputes through conciliation, mediation and arbitration and labour courts. The law also provides for a simplified procedure for the registration of unions.

“Another victory was on maternity leave, as found in the Basic Conditions of Employment Act. We fought hard as unions for this to happen, and it was sweet victory for women when we got maternity leave benefits.”

Describe your rise through the union ranks from a factory shop steward to a second Deputy President?

“Being a union shop steward is hard work which requires dedication. As a union leader you learn a lot along the way through the meetings, representing workers when there are grievances with employers and when you sit in collective bargaining councils to negotiate for collective bargaining agreements. When you succeed in your work in the union, it is rare that you do it alone, but you work with others as a collective. In SACTWU we worked as a collective and participated in the activities of our federation, the Congress of South African Trade Unions (COSATU).

“I learnt a lot as the regional chairperson of COSATU because I worked with trade unions that organize in other sectors, thus giving me an opportunity to learn and understand what those unions were doing.

“I also gained valuable experience by sitting on the National Bargaining Council for the clothing industry – an important council for the garment sector in South Africa from where we have negotiated better wages and working conditions for the workers.”

Beauty Zibula supporting IndustriALL's campaign in the textile sector

What are your comments on gender-based violence and femicide in South Africa?

“The levels of gender-based violence and femicide in South Africa are shocking. Working women are raped and killed in their homes, at workplaces and in the mines. At workplaces women are raped and killed by their male colleagues. Women are also killed by their partners or ex-boyfriends. Children are raped and killed. This is unacceptable and shouldn’t be allowed to continue. Therefore, as MPs we are supporting President Cyril Ramaphosa’s five-point plan against gender-based violence and femicide. This plan includes prevention, strengthening the criminal justice system, enhancing the legal and policy framework, ensuring adequate care, support and healing for victims of violence and economic empowerment of women.

“As an MP, I am taking this campaign to my constituency and am visiting communities to sensitize them and to get an understanding why this is happening and how we can stop it. We are carrying out this campaign together with various government departments.

“I have been involved in discussions that have been taking place within COSATU structures to deal with gender-based violence, sexual harassment and femicide.

“As SACTWU we have been involved in this campaign for some time now, and through IndustriALL Global Union we have been campaigning for the signing of the IndustriALL Pledge and took part in the recent marches against gender-based violence and femicide in Cape Town.”

How do you find your union experience useful in the National Assembly?

“I have not been on this journey alone, I have walked with others as well. And would like to use this opportunity to thank IndustriALL and all the comrades that I worked with in the regional women’s committee. I will miss the union but will cherish the valuable experience that I gained.

“After my studies at the Workers College in Durban, and my experience in the union, I have learnt to appreciate unions as organizations where you learn.”

To build a better South Africa we need strong unions, and these unions should be involved in social struggles.

“Again, from my experience I can conclude that unions gained a lot though struggle during apartheid when they gained their mobilizing skills and post-apartheid where they fought for workers’ rights and benefits including minimum and living wages.

“As part of the working class the union has power through its numbers, its social role and in its struggles for social justice. Its campaigns to end the triple crisis of poverty, inequality and unemployment are an example. The union should therefore continue to fight against exploitation and oppression of the workers and for social justice. It should also continue to build national and global solidarity. The union should continue to withhold labour power from capital as it fights for workers.

“Unions should continue to struggle for the society that we want, based on freedom and equality in the communities where we live and at our workplaces.

“This is what will inform my work as an MP. The values that we fight for in the union are also the values that we should fight for in parliament as we serve the same society but in different capacities. This is like wearing a different leadership hat.

"As trade unions, and as politicians with a union background, we all want a better world and to be involved in transforming societies. We are committed to ending the triple crisis of poverty, unemployment and inequality.”

Indian workers strike back against Modi government’s anti-worker policies

The resentment against the Modi government and its anti-worker policies was evident as workers mobilized in large number throughout India. The joint trade union press release claimed that many provincial states in India, the strike was fully observed, while in some states there was a total industrial strike.

Sanjay Vadhavkar addresses a rally on 8 January

IndustriALL India affiliates held joint protest demonstrations in the states of Tamilnadu, Karnataka, Andhra Pradesh, Maharashtra, Rajasthan, Madhya Pradesh, Uttar Pradesh, Jharkhand, Chhattisgarh, Haryana, Orissa and in many others.

Valter Sanches, general secretary of IndustriALL Global Union said,

“IndustriALL congratulates its Indian affiliates and the Indian trade union movement for mobilizing millions of workers and organizing a massively successful strike. In this genuine struggle to defend the rights of their members, IndustriALL stand shoulder to shoulder with the unions in India.”

Earlier in a letter to the Prime Minister of India, Valter Sanches expressed serious concern over declining economic development, the rising retrenchment of workers across the country and a worsening employment crisis. He underlined that the charter of demands of the Indian trade union movement attempts to provide solutions to the problems of working people and called upon the government of India to immediately address the demands. He also sent a message of solidarity to Indian affiliates and urged IndustriALL affiliates around the world to support them.

Dr. G Sanjeeva Reddy, IndustriALL executive committee member and the president of INTUC said:

“It is a very successful strike with full support from workers in organized and unorganized sectors and in rural and urban areas. We hope the government starts the discussion with the central trade unions to resolve our demands. If the government continues its intransigence, we are left with no option except to intensify workers’ struggle. The future course of action will be decided jointly by all trade unions.”

Sanjay Vadhavkar addresses a rally on 8 January

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

“Workers active participation in the strike showed their anger against the government’s anti-worker policies. More importantly, todays strike was joined by different sections of people all over the country. The government should change its course and address trade unions demands. If not, the government has to face strong resistance from workers.”

The strike was jointly organized by central trade unions INTUC, AITUC, HMS, CITU, AIUTUC, TUCC, SEWA, AICCTU, LPF and UTUC. Financial sector associations and a large number of independent workers organizations participated in the strike. More importantly, the general strike also witnessed broad-based alliances with farmers, agricultural workers, students and teachers.

Thai workers dismissed over union activities

Just a few days after the Mizuno Plastic Workers Union was founded in December last year, management cited a loss of profit and announced a redundancy plan. 32 of the 33 dismissed workers had been involved in forming the union.

Together with some colleagues, the dismissed workers have been picketing in front of the company since 9 December 2019.

“Mizuno Plastic is clearly violating Thai labour law. Union representatives cannot be dismissed without the consent of the labour court,”

says Prasit Prasopsuk, president of the Confederation of Industrial Labour of Thailand (CILT).

“We will assist union members in filing a complaint to the Labour Relations Committee.”

The workers met the Labour Relations Committee on 13 December.

“IndustriALL is strongly urging Mizuno Plastic to immediately reinstate the dismissed workers, stop union busting and respect the right to form a union, as guaranteed by the core labour conventions of the International Labour Organization,”

says Valter Sanches, IndustriALL general secretary.

“We hope Mizuno will address the legitimate demands of the workers and enter into a constructive dialogue to achieve a fair and just resolution.”

Mizuno Plastic has no relationship with Japanese sportswear brand Mizuno.

PROFILE: Bhutanese union established with Japanese support

Union:	The International Labor Union of Bhutan (ILUB)
Country:	Japan
Text:	Yap Hwa NG

Lured by unscrupulous labour agents in Bhutan, 700 young Bhutanese students came to Japan with the hope of earning Nu 1.1 million (US$15,500), working part-time while enrolled in a Japanese language school.

Japan has an ambitious policy of increasing international students to 300,000 by 2020. The Learn and Earn programme is handled by Bhutan Employment Overseas (BEO), a licenced agent appointed by Bhutan’s Ministry of Labour, in collaboration with Japanese brokers.

However, in December 2018, the Anti-Corruption Commission of Bhutan urged the government to revoke BEO’s licence over allegations that it had illegally received registration certificates without submitting key documents. In addition, BEO’s representatives in Japan were not accredited by Bhutan’s Ministry of Labour.

Although the Bhutanese government offered a Nu 700,000 (US$9,800) loan with an 8 per cent interest rate, after paying Nu 130,000 (US$1,840) for the agent and the tuition fee to Japanese language school, the Bhutanese students were almost out of pocket.

Jobs available to Bhutanese students were limited due to their lack of Japanese. Many ended up working late-night shifts in warehouses and factories. The students were not allowed to work more than 28 hours per week, and with low wages of US$9 per hour, many were forced into illegal work.

The pressure that followed was enormous and in 2018 one young student committed suicide.

“When we started to receive calls from the students seeking assistance, we were moved by their courage to overcome their plight. We set up a meeting with the students on 29 July and helped them to register a labour union with Japanese authorities,”

says Katahiro Yasukochi, JAM president.

Triggered by the support from JAM, the Bhutanese students decided to set up a trade union to protect their rights in a foreign country.

“We did not know about trade unions until we got to know RENGO and JAM, two of Japan’s biggest unions. The process to register a trade union was complicated, and JAM helped us with detailed guidelines,”

says Sharma Robin, ILUB Vice President.

“We would like to express our heartfelt gratitude to JAM. Many young Bhutanese were cheated and trapped into financial debt. As ILUB, we will work hard to protect the rights of vulnerable people and low-skilled workers. We will work hard to find stable and decent jobs for our young friends so that they can start a decent and normal life,”

says Jaganath Koirala, ILUB President.

A policy adopted by the Japanese government to address a shortage of labour is part of the problem, where foreign students end up in precarious work, not earning enough to sustain themselves. There is very little social support for these students, as they do not even have the status of migrant workers.

Explaining the challenge ahead, Yasukochi says that JAM has a comprehensive action plan to tackle the problems faced by Bhutanese students.

JAM will collaborate with ILUB to campaign for the refund of unfair fees charged by brokers and entrance fees to Japanese language schools. JAM will also demand that companies improve working conditions for the students.

And JAM will assist ILUB in setting up a branch of the union in Bhutan, as well as to obtain the permission to operate a labour supply business in Japan. This measure will eliminate intermediaries and avoid exploitation.

“Bhutanese young people are extremely talented, highly motivated and idealistic, just like at the beginning of Japan’s labour movement. This is the first trade union created by Bhutanese. We must make sure we nurture it and help it grow; we will do our best to make their dreams come true,”

says Yasukochi.

Draft labour law in Ukraine restricts union activities

IndustriALL Global Union joins Ukrainian affiliates, Ukrainian trade union federations, and the ITUC in strongly opposing the imposition of a new labour law, which was introduced in Parliament on 27 December, without any prior consultation with trade unions.

Its current provisions would seriously undermine fundamental workers’ rights, allowing for unfair dismissals; short-term individual labour contracts, and zero hours’ contracts; overtime becoming the norm, being paid at a fifth of current rates, and with normal working hours likely to exceed eight hours a day; abolition of some social guarantees, and reduced protection for mothers with small children, making their dismissal even easier; the possibility of transferring an employee to another workplace without their consent; banning of collective bargaining; and excluding unions from the workplace.

IndustriALL Global Union general secretary Valter Sanches says:

"We are extremely concerned about the impact of this labour law on workers.
"IndustriALL is calling on Ukraine’s government to immediately remove the draft labour law, and act in full accordance with the commitments made at the national level with social partners, and at the international level through the strict respect and implementation of international labour conventions, which have been ratified by Ukraine."

The draft law is in contravention of national labour law and international core labour standards, including ILO Conventions 131 on Minimum Wage Fixing, Convention 87 on Freedom of Association and Protection of the Right to Organise , and Convention 98 on the Right to Organise and Collective Bargaining.

The European Trade Union Confederation has pledged to raise the issue with the European Commission and Parliament on the basis that the draft law contradicts the EU-Ukraine Association Agreement.

Chemical unions in India working together

To implement this strategy and further increase workers’ power, 30 union leaders from 14 companies came to a national meeting in Mumbai on 5 December.

The Indian trade union movement faces several serious challenges now. There is now systemic abuse of contract workers, with factories employing the majority of its workforce through external contractors. Contract workers are less paid and have less benefits. They are more vulnerable as establishing their own union, or joining one can result in their contract not being renewed. Besides, their precarity in the job is higher because often they are migrant workers.

Plant level union leaders at the meeting reported contract workers in their sites earning 65 euros per month for full-time work, with the permanent staff earning double.

The unjust system is being extended, under the new government “earn and learn” initiative called NEEM (National Employment Enhancement Mission). Employers are now legally required to hire a proportion of its workforce as apprentices, who stay as apprentices for three years. So, something designed to be training program is threatening to become a system whereby apprentices replace permanent workers and are paid drastically less.

IndustriALL’s Indian affiliates are coordinating their opposition to labour law reforms that will further reduce workers’ rights.

IndustriALL Global Union Executive Committee member, Sanjay Vadhavkar expressed to the meeting:

“We face many challenges in our work to organize and represent the Indian working class. Legal costs are high, salaries are low and so membership dues need to be used very carefully. With solidarity and patience, we work to build protections for our members step by step.”

In order for the meeting to learn and analyse the positive case study of industrial relations at Solvay, IndustriALL invited Solvay’s Global Industrial Relations Officer, Patrick Marichal to participate, along with the lead workers’ representative inside Solvay, Albert Kruft. Together with Kemal Özkan, IndustriALL assistant general secretary, theyran a panel discussion about ways to build strong industrial relations.

Patrick Marichal said:

“Our GFA has been signed for 15 years. It is a reference document for all employees in the company. Our management system called Solvay Way has a section on social dialogue, and the first stipulation there is knowledge and application of the IndustriALL GFA. You must develop the confidence to express yourself. If your company can know the reality on the ground, then it can take the right decisions. Don’t be shy, express yourself.”

Albert Kruft:

“It may be impressive what we are doing at Solvay, but it did not fall from heaven. It was a long journey. You need a strong management, but also a strong union organization. Daily dialogue and transparency is key. With dialogue you build trust, and with trust you can do anything. We are all stakeholders.”

The meeting also analyzed companies’ responsibility to share financial information with the union, analyzed health and safety rights and standards, and what content should be in a collective agreement.

Kemal Özkan, stated:

“We come together, learn from each other and coordinate our work. Our objective is to create a sustainable economy, sustainable industry, and sustainable working conditions for our members in India.”

The participants committed to an action plan including organizing members’ meetings to share the knowledge and experience gained at the meeting; to invite contract workers to join union discussions; to contact neighbouring factories’ workers; compile data on health and safety and women workers at each site; consolidate the network and appoint Raghuram as coordinator; share and compile CBAs, wages and other conditions.

IndustriALL director for the chemicals sector, Tom Grinter commented:

“We are determined to build this active group of trade union leaders, year on year, until we have a workers’ platform big enough to take on the huge challenges facing Indian workers in this industry. That work will continue in the spirit of solidarity, or as they say in Hindi: Saathidhaari!”

STATEMENT: Brazilian National Contact Point fails workers and justice after dam disaster

The subject of the complaint was the irresponsible behaviour of these companies linked to the Fundão Dam disaster in Mariana, Minas Gerais, Brazil on 5 November 2015. This complaint was with our respective member organizations, the Labour Union of Heavy Construction Industries of the State of Minas Gerais (SITICOP) and the National Confederation of the Chemical Sector (CNQ/CUT).

National Contact Points (NCP) can make a difference. They can bring parties together and use their good offices to facilitate dialogue, especially when dialogue is missing, and mediate. They can help bridge the gap between trade unions and companies as well as bringing together national and multinational enterprises. In this case the Brazilian NCP did not fulfil that mandate.

In other words, the Brazilian NCP failed on its crucial mediation function. Of course, mediation is not always easy, especially if one party refuses to come to the table, as Vale did. However, governments should be able to summon enough respect and authority to make that happen.

The second failure of the NCP was that its final statement refused to make specific findings. The NCP should have clearly stated whether the behaviour of both Vale and BHP that was the subject of this complaint was consistent with the OECD Guidelines. Such findings are particularly important when mediation does not take place or there is no resolution of the problem.

The final statement does not fully do justice to those who tragically lost their lives and those injured as a result of the tragedy.

The situation is not resolved. The 83 workers who were in the dam during the collapse and survived have not yet received any compensation. Vale S.A. continues to refuse to speak with the union representing outsourced workers. Its claims that the trade union was not “legitimate” are out of order. Workers, and only workers, decide whether a union is legitimate.

Vale failed to conduct a thorough and proper investigation into the causes of the disaster. Had they done so, they could have prevented the Brumadinho dam disaster, which occurred on 25 January 2019. 272 people died as a result of the collapse and damage to the surrounding communities and the environment have been extreme.

The conclusions clearly show that the National Contact Point understands due diligence and its importance based on the text of the Guidelines and the OECD Guidance on Due Diligence published in 2017 provided to them. However, the recommendations of the NCP speak of due diligence as something for the future. The future is important. Such problems are far from over. However, the revised OECD Guidelines were adopted in 2011. It is hardy premature for companies to be conducting due diligence and respecting human rights. Nor is it too early for the National Contact Point to expect them to do so.

BWI general secretary Ambet Yuson, reacting to the decision, stated,

“BWI strongly supports the OECD Guidelines in their insistence that business respect all human rights, including the human rights of workers, but their effectiveness, in practice, depends on National Contact Points. We have been confronted with other challenging conflicts, and have seen NCPs use their standing and their good offices to forge new links for dialogue. It is that experience that pains and disappoints us with the performance of the NCP in Brazil.”

IndustriALL general secretary Valter Sanches said,

“The collapse of the dam was a tragedy for workers and communities as well as for the environment. Vale S.A. and BHP Billiton bear a heavy responsibility for that disaster and for the many other disasters in the making. The weak action and decision of the National Contact Point in Brazil has failed workers and their families and all others affected by this gross corporate irresponsibility.”

Kazakh leader remains in custody on politically motivated charges

Earlier Baltabay was released from prison in August 2019 after being pardoned by the President of the Republic of Kazakhstan, following a massive international union campaign for the liberation.

However, this release from prison in August did not put an end to the legal proceedings against the trade union leader. Erlan’s rights were not reinstated, he kept the status of a convicted criminal and faced a ban on his trade union activities. The remaining portion of his seven-year prison term was then replaced by a fine.

At the same time, he was approached by National Security Committee officers who offered Baltabay money to pay the fine. Yet, Baltabay rejected the proposal, insisting on his innocence and the right to appeal his initial sentence.

On 16 October 2019, the Kazakh authorities jailed him again, adding him a new, five-month sentence for non-payment of the fine. His appeal way finally rejected by Shymkent court on 3 December.

IndustriALL and the ITUC repeatedly denounced the initial charges and related intimidation and persecution, as the acts of retaliation for Erlan Baltabay’s trade union activism and principled position in support of other leaders of the Confederation of Independent Trade Unions of Kazakhstan (KNPRK) condemned to different limitations on their freedoms.

IndustriALL assistant general secretary Kemal Ozkan said,

“We urge the authorities to drop all accusations against Erlan Baltabay. This criminal case, just like the earlier cases against KNPRK leaders Larisa Kharkova, Amin Eleusinov and Nurbek Kushakpaev, is a mark of shame for the reputation of Kazakhstan. We consider these to be blatant violations of trade union rights and freedoms by Kazakhstan and denounce them as another attempt to frighten independent trade unions and their leaders to prevent working people in this country from exercising their civil freedoms.”

Unfair dismissal at Nokia in Finland

“This is an extremely brutal attack on the trade union. Our point of view is that Nokia is taking revenge for the three-day strike early in the week,”

said Samu Salo, chair of IndustriALL affiliate Insinööriliitto, the Union of Professional Engineers of Finland.

The local shop steward and engineer at Nokia Espoo in Finland had been working at the company for over 25 years. He went on a legal three-day strike for senior staff members organized by YTN, a negotiating body to which local union Insinööriliitto is affiliated.

The company claims that the firing is related to the engineer disconnecting equipment by switching off the power before going on strike. He believed that he was doing the right thing because the equipment was not needed during the strike and he would not have been able to monitor it. However, the switches were also linked to devices that were used remotely abroad, a link that he was not aware of.

The engineer had been involved in building the network for four years and had maintained the services behind the switches. The devices that were connected remotely abroad were under the responsibility of other employees and were connected to his switches without his knowledge.

“We have challenged the action taken by Nokia. We have given a written statement to condemn the termination and are preparing to take the case to justice. We will report this to the police for investigation. We are locally discussing all other options, including industrial action,”

said a union representative at Insinööriliitto.

“This is unacceptable behaviour from Nokia and IndustriALL fully supports Insinööriliitto, in their action to bring justice in this unfair dismissal,”

said Kan Matsuzaki, IndustriALL electronics director.

Global network meeting resolves to pursue dialogue with Anglo American

Senior executives from Anglo American attended the meeting, comprising over 30 delegates from IndustriALL affiliates that represent the company’s workforce in Australia, Botswana, Brazil, Lesotho, Namibia, South Africa, and Zimbabwe. The Friedrich Ebert Stiftung Trade Union Competence Centre for Sub Saharan Africa also attended the meeting, which was chaired by Lucineide Varjão Soares, the sector co-chair and president of CNQ-CUT in Brazil.

Nolitha Fakude, chair of the management board of Anglo American in South Africa, lead the company delegation and said the company is committed to improving workers and communities’ lives through responsible mining. She was accompanied by Froydis Cameron, international and government relations, and Hermien Botes, head of sustainability engagement.

The proposed framework of global dialogue between Anglo American and IndustriALL will be a platform for meaningful conversation about issues and challenges facing the company at global level, such as improving industrial relations, occupational health and safety, gender equity, Just Transition measures for climate change and the impact of Industry 4.0.

Further, the dialogue is an opportunity for exploring working together on Anglo American’s Sustainable Mining Plan and the UN Sustainable Development Goals. This will provide an opportunity to work jointly on diverse issues that include health, education, livelihoods, youth development, and community safety and health. The dialogue will also deal with responsible mining and the commitment to the Initiative for Responsible Mining Assurance (IRMA), a multi-stakeholder governance standard and independently third-party auditing initiative.

The global network agreed to continue with efforts to organize and strengthen collective bargaining.

IndustriALL assistant general secretary Kemal Özkan said:

“As a global union we are effective organizers with capacity to improve the lives of mineworkers, and we are also campaigners for living wages. Our success comes from working together through global solidarity from Australia, to Africa and Latin America and sharing information and experiences.
“We would like to build on previous meetings with Anglo American to negotiate a formal agreement that will meet some of our demands.”