A trade union guide to a Just Transition for workers

"Preparing for the global transformation driven by climate change and Industry 4.0"

IndustriALL Global Union

A TRADE UNION GUIDE

What is Just Transition?

The objective of a Just Transition is to provide a hopeful and optimistic future for all workers, especially for those in industries that may be impacted by efforts to limit greenhouse gases or by the introduction of new technologies.

A Just Transition must offer a future that workers, their families, and the communities and cultures they are part of can believe in, look forward to, support and commit to bringing about. We must fight for a good future.

The private sector has a role in building a Just Transition bridge to a sustainable future. In particular with large multinational corporations the principles of sustainable industrial policies and a Just Transition should be baked into collective agreements. Acting responsibly is good business in the long term.

However, sustainable industrial policies and Just Transition are mainly about public policy in the public interest. IndustriALL rejects a purely private sector vision of a Just Transition; the casino economy has largely created today’s problems and has no answers to these questions. We will not shop our way to sustainability.

At all times, any public policy support must guarantee the Fundamental Principles and Rights at Work as defined by the 1998 ILO declaration. Union members’ rights must be protected and unions must demand institutional stability – protection for the union as an institution – through the transition period.

Our demands are entirely reasonable, technically possible, and affordable.

The transition to a cleaner, more sustainable economy must be economically and socially just and fair for workers and their communities. Advanced technologies, or sustainable energy, or greener industries, must benefit everyone and not just a handful of billionaires. In an age where Oxfam reports that 26 individuals control as much wealth as half the population of Earth, there should be no question that a better sharing of the costs and benefits of change is needed.

The fight for a Just Transition supports, and is supported by, long-time union demands for strong social protection programmes (health care, income security, social services, education).

When demanding sustainable industrial policies and Just Transition programmes, political leaders must be reminded that in some ways, they are already committed to them in principle.

  • It is a key requirement of the Paris Agreement on Climate Change adopted at COP21 in 2015
  • It is the subject of the Solidarity and Just Transition Silesia Declaration adopted    at COP24 in 2018
  • It is defined in ILO’s Guidelines for a Just Transition towards Environmentally Sustainable Economies and Societies for All
  • Investment in Just Transition programmes is explained by the organization Principles for Responsible Investment in their document Climate change and the Just Transition: a guide for investor action
  • It is reflected in the United Nations’ Sustainable Development Goals

Trade unions, too, must face up to the changes that are upon us. Industry 4.0 is being discussed – what of trade union 4.0? What do unions need to do to remain credible and relevant to present and future members? Unions will retain neither credibility nor relevance by refusing to cooperate with each other, or attempting to defend the indefensible.

Sustainability – especially the social dimension of it – is fundamentally a union struggle. No-one else has the mandate or the capacity to speak on behalf of workers, workers’ families, and the communities that depend on them. The future will be defined by the decisions taken now.

The transition to a cleaner, more sustainable economy must be economically and socially just and fair for workers and their communities.

IndustriALL Global Union

Students call for urgent measures to combat climate change in Brussels. 

SHUTTERSTOCK, Alexandros Michailidis

Climate change

Climate change is a serious threat to the well-being of everyone and its main cause is human activity. The evidence is irrefutable. Scientists of the Intergovernmental Panel on Climate Change have issued a stern warning: the world has approximately a 12-year window in which to act if we are to keep global average warming to less than 1.5 C above pre-industrial levels and avoid environmental catastrophe.

This ambitious target is affordable and technologically feasible. What is lacking is the political will to take action and a Just Transition plan to maintain social coherence through the necessary transformations.

 

COP 24 in Katowice, Poland word cloud 

The Paris Agreement on Just Transition

In 2015, the twenty-first Conference of the Parties (COP21) to the United Nations Framework Commission (UNFCCC) on Climate Change, held in Paris, France, agreed to a set of principles to address the climate change crisis. Thanks to successful interventions by trade unionists, the Paris Agreement demands a Just Transition.

The basis of the Paris Agreement is that nations must develop their own commitments to greenhouse gas reductions, but then monitor their progress and produce verifiable reports. The UNFCCC will periodically take stock of the aggregate progress and, based on scientific advice, advise member states to raise the ambition level of their commitments.

The important phrase, which appears in the preamble of the Paris Agreement, is that the Nationally Determined Contributions must “take into account the imperative of the just transition of the workforce, and the creation of decent work and quality jobs”.

This was greatly reinforced at 2018’s COP24, in Katowice, Poland. COP24 was intended to finalize the rulebook to allow the Paris Agreement to be implemented. A declaration on Just Transition was adopted – a major achievement for the labour movement.

The declaration signals a clear commitment on the part of United Nations member states to deliver a Just Transition. It will be up to the global labour movement and other civil society organizations to hold governments to their word. A far-reaching transformation of the economy is coming, and as Tony Maher, General President of the Mining and Energy Division of Australia’s Construction, Forestry, Mining and Energy Union (CFMEU) stated quite simply: “We can do this with justice, or without justice”. The choice is ours.

SHUTTERSTOCK

Industry 4.0

IndustriALL Global Union uses the term Industry 4.0 to describe a basket of disruptive technologies and work structures that are rapidly transforming the world of work. These include advanced digitalization, artificial intelligence, semi-autonomous interconnected machines, advanced robotics, 3-D printing, nanotechnology, advanced biotechnology, and platform work, among others. The technologies themselves are not the problem; it is the logic driving their introduction, which at this time is to reduce labour costs and labour standards.

If we can guide the implementation of these new technologies, we can create quality work with reduced working time and improved occupational health and safety. Among IndustriALL’s strategies for Industry 4.0 chief are:

  • the demand for full participation of workers as global, regional, national and company level discussions on Industry 4.0 take place
  • he protection of human and workers’ rights, particularly rights to information, training and education, and privacy
  • a Just Transition for workers, their families, and the communities that depend on them, through the transformation

Regardless of whether we take action on climate change or other environmental crises, or whether we embrace or ignore technological changes, these changes will come. A transition will take place and the only choice we have is if it will be a violent scramble for jobs or resources such as water, energy, and fertile land, desperate last-minute survival measures that completely dismiss human rights and social protection, or an orderly and Just Transition that respects and protects present-day workers while creating new decent work in sustainable industries.

A Just Transition provides a pathway to a sustainable future, in all aspects of its social, economic, and environmental dimensions. For the transition to be truly just, it must point to an optimistic future – a future that workers, their families, and the communities that depend on them can support and commit to bringing about.

"For a Just Transition to a future in which the environment is protected and the economy is thriving, workers need sustainable industrial policies, with strong social protections, and support for workers – guided by social change "

IndustriALL Global Union

Korean metalworkers fight Hyundai shipbuilding merger

KMWU contracted shipbuilding local rallies at DSME. Photo: KMWU

The KMWU, labour and civil society groups have come together to resist the merger of Hyundai Heavy Industries (HHI), the world’s largest shipbuilder, with Daewoo Shipbuilding and Marine Engineering to form a new company called Korea Shipbuilding and Offshore Engineering (KSOE).

A memorandum of understanding on the $1.75 billion merger deal was signed on 8 March after secret negotiations between HHI and the state-owned Korea Development Bank, which is the majority shareholder in Daewoo. The deal needs to be approved at an extraordinary shareholders meeting which will be held on 31 May, merging the world’s largest shipbuilder with the second largest shipbuilder by sales, creating a dominant player with strong monopoly power.

The KMWU has criticized the deal as a Korean government handout to a chaebol run by the family of Chung, Moon Joon. Instead of healthy competition, the deal would give the new company 58.5 per cent of the global liquified natural gas market, 56.6 per cent of very large crude carriers and 21.2 per cent of all outstanding ship orders worldwide, distorting the entire shipbuilding ecosystem.

The deal will spin off productive work, as well as HHI debt, to an unlisted company, while retaining the assets in KSOE. The KMWU denounced this as a plan to gouge HHI, shifting the debt into an entity that can be restructured at workers’ expense.

KMWU HHI branch chair Park, Geun-tae. Photo: Lim, Yeon-cheol

KMWU HHI branch chair Park, Geun-tae said:

“Though workers built this company by the sweat of our brow, they aim to take the cherries and stick us with the pits.

“We will spare no tactics to stop this process, including blocking the extraordinary shareholders meeting.”

Unions and other stakeholders were excluded from negotiations, and fear that the merger will spark a crisis in the shipbuilding industry, jeopardizing workers’ livelihoods and local communities across the supply chain. The Korean shipbuilding industry has already experienced harsh restructuring, with more than 100,000 workers losing their jobs since 2014. In 2017, during the process of splitting up HHI, the union collective agreement was not recognized, setting a precedent for the further erosion of union influence.

IndustriALL assistant general secretary, Atle Høie said:

“The acquisition is becoming a negative factor impacting jobs and fair trade on a global scale. IndustriALL will take action to secure trade unions' rights and social dialogue for the global shipbuilding industry for a sustainable future.”

Lunchtime rally at Daewoo shipyard. Photo: KMWU

Unilever and global unions sign agreement to restrict temporary jobs

The Joint Commitment on Sustainable Employment in Unilever Manufacturing sets out principles and procedures to prevent potential harm to fundamental workers’ rights caused by non-permanent employment.

The agreement applies to workers in over 300 Unilever factories in 69 countries, whether employed directly by Unilever or through a third-party provider.

The Joint Commitment restricts the hiring of temporary workers to short-term and non-recurring tasks in Unilever factories, and prevents temporary contracts being used to avoid regular employment.

In a win against zero-hour contracts, temporary workers will  be informed of their work schedules with sufficient notice and not be retained on call without pay.

It requires temporary workers to be given priority when filling permanent positions and promotes: equal pay for equal work; a safe work environment and safety training; and the right of workers to freely form or join a union of their choice without fear of intimidation or harassment.

IndustriALL’s general secretary, Valter Sanches, stated:

“The Joint Commitment is a victory in the fight against precarious work, and protects the rights of factory workers at Unilever’s operations around the globe. Unilever acknowledges that permanent employment is fundamental to world-class manufacturing, and this agreement will promote secure and sustainable jobs at all Unilever factories.”

IndustriALL general secretary, Valter Sanches, Unilever CEO, Alan Jope, and IUF general secretary, Sue Longley.

The agreement prescribes a process of continuous human rights due diligence through engagement and negotiation with the IUF and IndustriALL and their members, representing the vast majority of unionized Unilever workers world-wide.

The IUF general secretary, Sue Longley, said:

“The Joint Commitment addresses the many risks to fundamental rights which have become all too familiar to workers everywhere as employment has become increasingly precarious. We welcome this Joint Commitment, which is the outcome of a long process of engagement with Unilever on precisely these issues and which demonstrates their commitment to working with unions to ensure rights are respected. We look forward to continuous engagement with the company on the basis of the Joint Commitment.”

Under the agreement, Unilever recognizes the key role of trade unions and collective bargaining in protecting and enabling fundamental worker rights.

Unilever CEO, Alan Jope, said:

“Unilever has a 100-year history of commitment to labour rights and respect for employees.  This is an ambitious agreement that we will work hard to honour.”

The agreement was signed in Unilever’s London offices on 10 May by Unilever CEO Alan Jope, IndustriALL general secretary, Valter Sanches, and the IUF general secretary, Sue Longley.

Malaysian law reforms must comply with ILO Convention on Freedom of Association

Three Malaysia affiliates of IndustriALL Global Union, the National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), Electronics Industry Employees’ Union Coalition (EIEU Coalition) and Paper and Paper Products Manufacturing Employees Union (PPPMEU, participated in the consultation meeting on 28 April 2019 in Petaling Jaya, Selangor, Malaysia.

 

A contentious issue was the definition of a trade union, which currently can only represent workers in a similar trade, occupation or industry. Many in the union movement want to keep this provision to strengthen industrial unions and promote industry wide bargaining.

The government proposes to change this, bringing the law in line with the labour consistency plan agreed upon by US and Malaysia during the negotiation of the Trans-Pacific Partnership agreement.

After much deliberation, the majority of participants decided to endorse this international labour standard and agreed with the proposed change.

S. Somahsundram

"“For a long time we have been advocating for ratification of ILO Convention 87 on Freedom of Association and Protection of the Right to Organise, we cannot be self-contradictory by imposing limitation on formation of unions, we must be honest in our struggle”

S. Somahsundram, executive secretary, PPPMEU

ILO C 87 stipulates that workers have the right to form or join trade unions without distinction.

Union leaders discussed anti-union discrimination in the recognition process. They shared their frustration that sometimes no workers took part in the secret ballot due to employer interference and intimidation.

To ensure employers respect workers’ right to vote, union leaders suggested a new sub section to the law, stating that the secret ballot shall be deemed invalid if no workers participate, and reset for a date not later than 30 days.

The secretary of the IndustriALL Malaysia Council, Gopal Kishnam, criticized the government’s industrial relations department for its failure to enforce the law forbidding unfair labour practices. He argued that the law was clear that the employer could not interfere in trade unions. Participants proposed that the Industrial Relations Act be amended to clarify this.

The current penalty for unfair labour practice is inadequate. Employers who dismiss, injure or threaten a worker for joining a union will be fined no more than RM 2,000 (US $480) and imprisoned no more than one year.

Participants proposed increasing the fine to RM 20,000 (US $4,800) and imprisonment of not less than two years.

Trade unionists urged the government to remove legal restrictions inhibiting workers’ right to strike, to expand the scope of collective bargaining in accordance with ILO Convention 154 on Collective Bargaining, and to refer all matters relating to the suspension of trade unions to the industrial court.

The proposals made by the participants will be submitted to the Ministry of Human Resources within two weeks.

Participants observed a moment of silence for workers who have been killed or injured in conjunction with International Workers Memorial Day

 

We will not give up on democracy in Turkey

Ruling on unsubstantiated complaints by President Erdogan’s ruling AKP party, Turkey’s Supreme Electoral Body caved in to government pressure and annulled last month’s vote, ordering a rerun for 23 June. 

Victory by the opposition in winning the powerful seat of Istanbul metropolitan mayor posed a major threat to the AKP because it could have led to change in the country. After all, Erdogan was himself once mayor of Istanbul. 

The events in Turkey are part of a global trend. A growing extreme right-wing political movement does everything within its power to dismantle democracy, as in Brazil, where the presidential elections were stolen from the people after frontrunner candidate, Lula da Silva, was thrown into jail. Democracy is being dismantled in Brazil every single day.

For trade unions, democracy is the primary space for fighting for our fundamental human and trade union rights. But it is shrinking everywhere, particularly in developing countries. Lack of democracy leads to low wages, poor social protection, increased unemployment, and discrimination against women, youth and the disabled.

There has been a severe deterioration in democratic standards and institutions in Turkey. The notion of the separation of powers between executive, legislative and judiciary is no longer in place. With the new presidential system, executive power reigns supreme.

With this annulation, Turkey cannot even guarantee free and fair elections, and the rule of law and the principle of a fair trial seem to have disappeared.

Fundamental human rights, particularly freedom of opinion, speech, press and association are in danger. Trade union rights are violated every hour. There is no guarantee of basic human rights in Turkey.

Bad governance and lack of transparency is pushing the Turkish economy towards the unknown. Opponents are persecuted and the government tries to do everything to maintain its control over the country and its population.

The Erdogan administration wants to put the burden on the shoulders of working people, but there is huge resistance in society. 

The cancellation of the Istanbul election result has provoked a public outcry. Turkey has a strong democratic tradition and a progressive civil society with a clear commitment to democracy.

IndustriALL Global Union, together with its allies, will continue to support democracy in Turkey. We stand shoulder-to-shoulder with our affiliates, the whole union movement and civil society fighting for their rights and dignity.

The 23 June elections are a chance for a new future.

What unions can do to close the gender pay gap

The gender pay gap stands at 18.8 per cent across the world. It is not simply due to factors like experience, education, productivity or performance, that would usually determine wages in the labour market.

Instead, occupational segregation and the polarization by gender of industries and economic sectors stand out as key reasons for the gender pay gap, according to two new studies by the ILO on global wage and gender equality.

Women continue to be under-represented in traditionally male-occupied industries which pay more.  The most in-demand and highest-paying jobs are found in STEM sectors (Sciences, Technology, engineering and mathematics), where women represent a fraction of the workforce.

Work performed by women is frequently undervalued and underpaid, either because it mirrors work that has traditionally been carried out by women in the home, or simply because women are paid less for work of equal value.

In occupations which have gradually become dominated by women, such as primary school teaching, salaries have relatively declined for both women and men. Once a profession is defined as predominantly female, it is undervalued.

The 2019 ILO report “A quantum leap for gender equality : for a better future of work for all”, shows that women in Europe can expect to earn 14.7 per cent less in a business with a predominantly female workforce compared to working in a similar enterprise with a male dominated workforce.

The report also shows that many women in the digital economy earn less than men. Crowdwork (where work is outsourced through a digital platform in an open call to a geographically dispersed crowd) risks becoming just another trap for women, offering low paid, intermittent work.

Motherhood also contributes to the gender pay gap. Mothers earn less than women without children. This may be related to labour market interruptions or reduction in working time, but also to employment in more family-friendly jobs that are lower paying, or stereotypical hiring and promotion decisions at enterprise level that penalize the careers of mothers.

What can unions do to close the gender pay gap?

According to ILO ACTRAV ‘s report on the role of trade unions in closing the gender pay gap, the more centralized the collective bargaining process, the smaller the pay gap. Many women work in less unionized sectors and are therefore unlikely to be covered by collective bargaining agreements.

In high-income countries, higher trade union density is associated with a lower gender pay gap.

However, equal pay for work of equal value is not often part of wage negotiations, and when it is, it is mostly through measures to address overall wage inequality, rather than through gender-specific measures.

“Collective bargaining is proven to increase wages and close the gender wage gap. But we need more women at the top of unions and at the negotiating table if we are going to win equal wages. Women’s increased participation and representation is necessary to ensure that men and women benefit equally from collective bargainaing gains.”

Jenny Holdcroft, IndustriALL assistant general secretary

ACTRAV and the ILO have developed recommendations for union action to close the gender pay gap:

Address gender discrimination

Unions must challenge gender stereotypes and social norms that limit women access to labour markets and quality jobs, and contribute to gender segregation. Bargaining should include measures tackling obstacles for the women to access employment, such as policies on work/life balance for men and women; equal opportunity for training and career development; improving paid parental leave; enhancing access to child care and tackling sexual harassment.

Demand specific gender equality measures

Unions should make specific demands to close the gender pay gap including greater transparency of wages and salary scales; higher wages for female-dominated jobs; gender-neutral job evaluations to avoid gender biases in job classification and pay systems; and the reevaluation of female-dominated occupations or sectors.

Promote inclusive wage-setting

Trade unions and collective wage-setting contribute to reducing overall wage inequality. Unions must consider how to extend minimum wages and collective bargaining to cover female-dominated sectors, as well as informal or precarious workers who are mainly women.  Campaigns to raise the minimum wage to a living wage for all workers help to increase women’s pay.

Protect women in supply chains

The concentration of women at the very end of global supply chains, where regulations are likely to be weakest and competitive pressures strongest, also contributes to the gender pay gap.


Global framework agreements with multinational companies can play an important role in improving working conditions. For example, IndustriALL’s programmes with garment workers in Turkey as part of global agreements with Inditex, H&M and ASOS have helped to raise awareness of gender equality issues in the workplace. The ACT process will also play a key role in raising women’s salaries in the supply chain.

Empower women

Unions should ensure women’s representation in decision-making bodies and at the negotiating table to get a better deal for women in the workplace. Women’s representation in union leadership and collective bargaining teams have a significant impact on the extent to which negotiated outcomes benefit women workers.

End the repression of trade unionists in Fiji

Felix Anthony, national secretary of the FTUC, was arrested, along with 29 members of National Union of Workers (NUW) and a union staff member. Felix is also president of the ITUC Asia Pacific. He was arrested at a tripartite meeting, in front of representatives of government, employers and ILO officials. The arrests came ahead of the annual meeting of the Asian Development Bank, which Fiji hosted from 1 to 5 May.

Unions had planned a series of nationwide demonstrations and events to coincide with the summit. There are a number of issues, including the minimum wage, labour law reforms, and the right to strike, as well as a major dispute at the Water Authority of Fiji which has seen hundreds of workers laid off amidst a rise in temporary work. Felix was scheduled to appear at a tribunal appearance hearing on the Water Authority case behalf of the NUW.

The 29 Water Authority workers after their release

Felix was released without charge after 48 hours, but the repression of unions is ongoing. The arrested workers were released on bail after surrendering their passports and being charged with unlawful assembly. The Fijian authorities raided the office of the FTUC, seizing computers and files, and unmarked cars have maintained a presence outside the office in an attempt to intimidate. Executive committee members of other FTUC affiliates have been instructed by the police to attend interviews.

A police car outside the union office

After Felix's arrest, the international trade union movement and the ILO took immediate action demanding the release of all the trade unionists and an end to repression. In a letter to the Prime Minister of Fiji, IndustriALL Global Union general secretary Valter Sanches wrote,

“Freedom of Association is one of the primary safeguards of peace and social justice. Workers have the right to express their views and defend their interest, including through peaceful demonstration, in an atmosphere free of fear, coercion, repression and violence. The arrest and detention, even if only briefly, of trade union leaders or union members for trade union activities is contrary to the principle of freedom of association.”

Law amendment will rid sham cooperatives from South Africa's textile sector

The previous law treated workers in cooperatives as self-employed and exempt from paying minimum wages and conforming to labour standards. However, this will change with the Regulations for the Cooperative Amendment Act (2013) which came into effect on 1 April.

According to the new regulations, cooperatives must comply with labour laws and demonstrate their protection of members’ interests – a requirement that will make it difficult for false coops to exist.

“In the clothing industry alone, an estimated 15,000 workers are abused by such cooperatives that are exploiting workers. They are established through threats by factory owners to retrench workers unless the workers become members of the cooperative, which remains under the control of the factory owner who decides on working hours and conditions of work.

"If workers raise concerns about anything they are disciplined and fired on the spot,” says Andre Kriel, general secretary of IndustriALL affiliate Southern African Clothing and Textile Workers Union (SACTWU).

Paule-France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa said it is commendable when legal gaps that allow worker exploitation are closed.

“It is important for laws to continue strengthening workers’ rights to living wages and decent working conditions. Allowing environments where workers’ rights are trampled upon with impunity is unacceptable.”

Garment factories in Isithebe, in the KwaZulu-Natal province, are infamous for using bogus cooperatives and paying low wages, and have been accused of human rights abuses including human trafficking. In February, 100 undocumented workers from Lesotho and Eswatini were found living in squalid conditions at textile factories in New Castle during a provincial government exercise to check business compliance with regulations. The workers lived in a small unventilated room at the factories which were built with high walls to conceal the shocking living conditions.

Sri Lankan unions oppose oppressive new laws

The Council, which consists of unions affiliated to IndustriALL Global Union, expressed deep concern with the proclamation of emergency rule in Sri Lanka, and the near unanimous political consensus in calling for stringent laws and harsher punishments.

The unions believe the new laws will invariably restrict freedom of expression and freedom of association.  

“While we accept security forces should have powers to arrest suspects, legally detain and interrogate them, we firmly believe the government has a responsibility and a duty to ensure fundamental rights of the people in establishing stability and normalcy in society,” said the statement.

The unions are alarmed by the replacement of the Prevention of Terrorism Act with the more drastic Counter Terrorism Act, which they say will be further used to crackdown on unions, rights activists and opposition politicians.

The unions are also worried about a new all-in-one labour law currently being prepared by the government, which is set to benefit employer investors but which they fear will be used to discipline society under the pretext of national security.   

The Sri Lanka IndustriALL Council expressed its deepest condolences to victims of the Easter Sunday bomb attacks, which include its own members, and called for the immediate distribution of compensation. They said political instability in Sri Lanka negatively affected the functioning of the state and contributed to security lapses.

The Council called on the government to ensure a peaceful and stable society, and to stop the escalation of religious tension, particularly against Muslims.

In a solidarity statement to the Sri Lankan unions, IndustriALL Global Union general secretary, Valter Sanches, said:

“We condemn the terrorist attacks in Sri Lanka in the strongest terms.  Our hearts go out to the victims of this terrible tragedy.

“We truly hope that these heinous attacks will not generate more violence, and that instead, the government will respond firmly but strictly within the rule of law and in full respect of fundamental human rights.

UK court rules in favour of hearing case of mine water pollution in Zambia

IndustriALL Global Union affiliate, the Mineworkers Union of Zambia, welcomed the court ruling in which Vedanta Resources will be tried for polluting water and making it toxic for drinking, irrigation, and for livestock thus destroying the livelihoods of local farmers in the villages around the Nchanga Copper Mine owned by the company’s subsidiary Konkola Copper Company.

In 2015, 1,826 villagers from communities living around the mining operations in Chingola District took the case to the UK courts. Although Vedanta wanted the case to be heard in Zambia, the court ruled that the villagers had the right to choose where they wanted the case to be heard.

The villagers probably took this route because of little adherence by mining companies to Zambian laws including the Environmental protection and Pollution Control Act (1990), Mines and Minerals Development Act (2008), and the Environment Management Act (2011). Lackluster enforcement by the policy bodies also diminishes the villagers confidence in ever getting justice.
   
Said Joseph Chewe, the president of the Mineworkers Union of Zambia:
“The union wants to see justice prevail and hopes that the affected villages whose main source of survival is farming get proper compensation from the mining giant. The ruling sends a warning to mining companies that pollute the environment and threaten the lives of communities. The Zambia Environmental Management Authority must strictly supervise the mines to ensure that environmental regulations are adhered to.”
   
Civil society organization under the banner of the recent 2nd Copperbelt Alternative Mining Indaba in Chingola, said companies not only pollute the environment, but also promote precarious working conditions with short contracts and low wages. This has resulted in most workers living in poverty. The indaba also called on mining companies to create decent jobs.
 
Glen Mpufane, IndustriALL director for mining, said:

“Mining must be carried out in a sustainable way that considers the livelihoods of affected communities and should benefit communities and not poison their water sources. Further, the communities should also benefit from decent jobs and living wages.”