COP28: expectations from unions in Sub-Saharan Africa

Challenges in Sub-Saharan Africa:

The region faces challenges in meeting industrialization demands, ensuring energy access, and addressing affordability, particularly for vulnerable households led by women and children. COP27 in Egypt raised expectations for addressing historical challenges, but outcomes fell short of trade unions' expectations.

Critical demands for COP28:

Trade unions emphasize the need for an official multistakeholder engagement platform, urging more balanced engagement between the Global North and South. They call for increased inclusion of trade unions in regional platforms and policy frameworks, such as the African Union Business Human Rights Policy, to ensure meaningful integration of labour's interests.

The Just Transition Work Program (JTWP):

Trade unions welcome the establishment of the Just Transition Work Program (JTWP), emphasizing the importance of identifying critical stakeholders. While some Sub-Saharan African countries involve civil society and trade unions in UNFCCC/COP country positions, their influence remains below desired levels. The discourse primarily focuses on environmental aspects, neglecting crucial labour-related structural issues.

Labour impact assessments and social protection:

Trade unions stress the need for comprehensive labour impact assessments, including job losses, creation, and restructuring, and a robust framework for reskilling. Insufficient social protection mechanisms pose risks to labour markets, compounded by the ongoing challenges from the COVID-19 pandemic and the need for vocational and skills training reform.

Climate financing and loss and damage:

Climate financing, particularly loss and damage, is a critical agenda item for African trade unions. Disagreements persist regarding the World Bank's role, with concerns about transparency, consultation, and fund earmarking. Debates around debt cancellation or restructuring for developing countries, especially with the lack of a concise definition of 'Just Transition' in NDCs, raise concerns.

Expectations from COP28:

Trade unions anticipate a focus on the 'Global Stocktake,' comparing outcomes against the African position presented during COP27. Emphasis on climate finance, 'loss and damage,' addressing socio-economic challenges, and the North-South development dynamic will be paramount. Concerns persist about fair transition time frames and resource mobilization to meet Africa's development goals.

South African court rules in favour of gender equality on parental leave

With the ruling, working parents will now be entitled to the leave after informing their employers prior to the birth of a child about the dates on which they intend to take the leave. Before the ruling fathers could only apply to paternity leave of 10 days after the birth of a child.

Through the judgment made on 25 October, the court declared that some sections of the Basic Conditions of Employment Act (BCEA) 1997 and the Unemployment Insurance Fund Act (UIF) 2001 were invalid. The court stated that sections of these laws violated the South African Constitution through unfair discrimination. For example, the court listed the forms of unfair discrimination to include that “between mothers and fathers” and “between one set of parents and another on the basis of whether their children – were born of the mother, were conceived by surrogacy” or “were adopted.”

To eliminate the inequality, the court agreed with the arguments made by Werner Van Wyk, and Ika Van Wyk that “all parents of whatever stripe, enjoy four consecutive months parental leave, collectively. In other words, each pair of parents of a qualifying child shall share the four months leave as they elect.” The court gave the national parliament two years to make amendments to the law to “cure the defects.”

The matter was brought to court by the Van Wyks, a married couple and parents of a child, Sonke Gender Justice – a civil society organization that advocates for gender equality, and the Commission for Gender Equality – a Chapter 9 institution to protect and support democracy as per the national constitution, challenged clauses in the BCEA and the UIF acts and sued the minister of labour and employment. The application was supported by Amicus Curiae or friends of the court who included the Centre of Human Rights at the University of Pretoria, Solidarity Centre South Africa, International Lawyers Assisting Workers Network, the Labour Research Service, and the National Employers Association of South Africa who supported the minister of labour.

Susan Khumalo, IndustriALL co-chair for Sub Saharan Africa and SACTWU president, said:

“This is a welcome and progressive court ruling that unions are applauding which is aimed at aligning labour laws with the South African Constitution. Sharing maternity leave days between parents promotes gender equality and lessens the burden for working women. It is important that the courts recognize and value gender equality and the shared responsibilities of both parents in nurturing infants especially in the first few months after birth.”

Union-win in Australia with legislation on contract workers

The legislation received support from the Federal Parliament on 7 December 2023 and aims to prevent employers from undermining union-negotiated rates of pay, particularly in the mining industry, where some large employers pay contract workers less than their permanent counterparts for the same job.

IndustriALL affiliate the Mining and Energy Union (MEU) general secretary Grahame Kelly expressed gratitude to Senators for supporting the common-sense measures that address the misuse of contract workers to drive down wages.

"Labour hire exploitation is out of control in the mining industry, and workers have been raising this issue for many years,"

said Kelly.

"It is a relief to have a Government who has listened to workers’ concerns and developed targeted legislation in response."

The Same Job Same Pay provisions in the legislation provide a mechanism to prevent companies from paying contract workers less than permanent employees doing the same job when a collective bargaining agreement is in place at the work site.

In Australia, these laws will most affect the mining sector and airline transport sectors where outsourcing to contractors is rife. 

The Same Job Same Pay provisions were part of the broader Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, which also includes criminalizing wage theft, stronger rights for workplace delegates, better support for first responders diagnosed with PTSD, strengthened protections against discrimination for employees facing family and domestic violence, inclusion of silica-related diseases and safety within the Asbestos Safety and Eradication Agency, and the criminalization of industrial manslaughter.

With these new measures, labour-hire workers in Australia can look forward to fairer treatment and enhanced protections, marking a positive step toward a more equitable and just working environment.

“This legislation is great news to IndustriALL; it not only promises a fairer and more equitable compensation for workers but also shows a broader commitment to rectifying systemic inequalities, especially in the mining sector. These types of union wins are encouraging and positively impacting the lives of precarious workers across Australia,”

says Atle Høie, IndustriALL Global Union general secretary.

Photo: The Mining and Energy Union (MEU) Australia

Pakistan ratifies the Hong Kong Convention

Pakistan’s ratification of the Hong Kong Convention (HKC), means that the convention has now been ratified by all the major ship recycling countries in the world.

Earlier this year, Bangladesh and Liberia officially ratified it, and with that the threshold criteria for the HKC to come into force was met. For the Hong Kong Convention to enter into force, it required ratification by at least 15 States, representing 40 per cent of the world’s merchant shipping by gross tonnage and a combined maximum annual ship recycling volume of no less than 3 per cent of their combined tonnage.

The objectives of the Convention goes beyond environmental concerns encompassing safeguarding of workers’ rights. The HKC is a crucial tool in ensuring safety of workers at yards which are known to be the most dangerous workplace in the world. 

In order for Pakistan's shipbreaking yards to comply with the HKC standards, employers will need to upgrade their facilities, and the Pakistan government will need to ensure the implementation of the same. As per the Convention, yards are required to have basic healthcare facilities, proper infrastructure as well as proper waste disposal mechanisms. Ship recycling is anticipated to rise over the next ten years which makes it even more imperative that these standards be appropriately put into practice. 

National Trade Union Federation (NTUF), IndustriALL’s affiliate in Pakistan, organises shipbreaking workers, and has been instrumental in promoting the ratification of the Convention with both the provincial government of Balochistan and the federal government. Although shipbreaking volumes were very low in 2023, the union has succeeded in registering workers for social security.

Nasir Mansoor, president of the NTUF, says:

“We believe that ratification of the Convention will position Pakistan to take advantage of an anticipated recycling boom, and give workers the opportunity to improve their conditions. We have already submitted a draft proposal on the shipbreaking law to the Balochistan government and will take it up with the federal government after the election next year.”

IndustriALL general secretary, Atle Høie, says:

“The disaster at plot 54 of the Gadani shipbreaking yards in November 2016 killed at least 28 workers, and injured many more. The ratification of this Convention means that industrial homicides like this will become a thing of the past. We congratulate our affiliate the NTUF for their tireless work in improving workers’ conditions. We now have an opportunity to establish social dialogue in the shipbreaking yards, and ensure that the work is safe and decent.”

Photo: Flickr-Adam Cohn 

Young trade unionists reimagining international trade unionism

During the first day, young leaders focused on the history and approaches to organizing. Participants emphasized the need to renew organizing methods which revitalize the workers’ identity and move away from traditional service unionism to a more proactive approach. 
 
Young unionists stated that one of the main challenges was organizing in the informal economy. This economy undermines workers’ rights and trade unions face challenges in organizing and negotiating better conditions as there is often no one to negotiate with. Organizing in the informal economy offers trade unions the opportunity to broaden their membership and provide protection to workers. 
 
The session on we are the trade unionism of tomorrow, centered around the importance of empowering young workers in trade unions through participation and involvement in union activities. Participants echoed the need for young workers to be capacitated to lead in union structures and specifically trained for leadership positions. 
 
During a session on how to deal with trade union repression, experiences from Hong Kong and Pakistan were shared. Trade unions in Hong Kong are under great surveillance, China’s National Security Act, applicable in Hong Kong territory,  allows protesting unionists to be arrested, claiming that national security is endangered as they are considered political activities.

However, the Chinese government does not define what political activities are. In Pakistan union rights are limited. A call for mass mobilizations, where  global unions take the lead, more active use of social media for advocacy, information sharing and solidarity were made. 
 
Discussions on challenges posed by climate change centered around forging alliances between the global north and south, and acknowledged that the global south is heavily impacted due to the global north’s consumption habits. The link between unionism and the environment, the pursuit of a safer, greener world that includes secure and safe working environments were also underscored.  This includes new production strategies, as the nature of production in sectors are changing. 
 

“Trade unions must organise all workers. Aspirations of young workers should be taken into account because the future is young and we must be capacitated to lead in various trade union structures. We should all be activists for change whether it be protecting the environment, advocating for women’s rights, or protecting workers,”

says Lesedi Seboni a representative from IndustriALL affiliate the Southern African Clothing and Textile Workers’ Union (SACTWU). 
 
Faye Daguman from PIGLAS, an IndustriALL affiliate in the Philippines, says: 
 

“Despite the challenges and problems that we are facing in the world of work, There's a power in solidarity. We are the new hope. We continue to push back. Trade Unions must educate more young people and organize them to build stronger unions and solidarity.”

 
Sarah Flores IndustriALL youth and project officer, says: 

“International exchange with young activists from different sectors and countries is a fantastic opportunity to develop connections. The younger generation is calling for change and presenting very interesting ideas. Their participation in union activities will greatly benefit the movement.”

IndustriALL and Safran renew global framework agreement on CSR

Under the renewed agreement, aerospace company Safran will:

Olivier Andriès, CEO of Safran, said:

“Safran has renewed its global framework agreement with IndustriALL Global Union, demonstrating our commitment to providing equitable working conditions, promoting diversity and gender equality, and following ethical business practices. We are pursuing implementation of our CSR strategy hand in hand with all employees, confirming our determination to have a positive influence on the societal and environmental changes taking place around the world.”

IndustriALL Global Union general secretay Atle Høie said:

“Global framework agreements are important instruments for IndustriALL Global Union to secure and promote workers’ and trade union rights in multinational companies and their supply chains. Safran, as one of the world’s largest aerospace suppliers, plays a key role in important emerging aerospace economies where topics such as human rights, social dialog, environmental protection are taking on ever greater importance. With this agreement we hope to work together with Safran to improve conditions for the workers to mutual benefit for both parties.”

The global monitoring committee set up under the previous GFA will continue to evaluate the way in which Safran’s commitments are effectively implemented. In addition, the GFA is structured and presented along the lines of the Group’s CSR strategy to make it easier to monitor and oversee.

Over 100 mine workers killed in Pakistan this year

Mining in Pakistan is infamous for its hazardous working conditions and high incidence of workplace accidents resulting in fatalities and injuries. The situation is even more appalling in unregistered mines. This year alone, in Duki mining area, at least seventeen workers have been killed.

Safety mechanisms, mandated by the country laws, are inadequate in unregistered mines. There are no hospitals or clinics available near mining sites, which results in deaths of injured miners on their way to receive care and treatment. The country law requires one doctor and one ambulance to be stationed in mining areas, but in reality no such facilities are available for the workers.

In addition to the extremely inadequate facilities and infrastructure, mine workers at unregistered mines are not provided with any training to carry out mining operations safely. Headlamps frequently malfunction and mining sites lack warning systems to alert workers to potential dangers like gas leaks or flooding. In the event of a mine roof collapse, there is no system in place to warn the workers. The complete lack of proper supervision at work which further increases occupational hazards.

The situation for workers in government-controlled mines is marginally better, but at least fourteen people have died in mines run by the Pakistan Development Mines Corporation this year, indicating that workplace safety remains compromised even in government-controlled mines.

Over the last one year, IndustriALL Global Union has organized health and safety workshops for mine workers at both registered and unregistered mines. Mine inspectors from the government department have been invited to talk about safe mining practices. The presence of mine inspectors is crucial as it puts workers in unregistered mines in direct contact with the government department, thereby bolstering advocacy efforts for safe mining practices.

IndustriALL organized a roundtable with government representatives, employers, and trade unions to discuss how to best ensure workplace safety in mining areas. The need for ratification of ILO C176 by Pakistan’s government was also discussed. IndustriALL has been advocating with the government of Pakistan for the ratification of ILO C176.

IndustriALL affiliates have organized registration drives to get mine workers enrolled in the country’s social security schemes, as currently the majority of workers have been left out.

Apoorva Kaiwar, IndustriALL South Asia regional secretary, says:

“Most of the deaths that occur in Pakistan’s mines are entirely avoidable if employers and government departments fulfil their responsibilities to ensure a safe workplace for workers. IndustriALL believes that the ratification of ILO C176 by Pakistan can help in better implementation of safety provisions at mining sites. We urge the government to immediately ratify ILO C176 and prevent workers from losing their lives.”

IndustriALL Exco adopts new policy on GBVH, misogyny and sexism

This policy sets out IndustriALL’s commitments to prevent and end GBVH, misogyny and sexism where it occurs in the course of, linked with or arising out of IndustriALL work and activities. 
 
Fostering a culture change in IndustriALL and its affiliates, raising awareness and understanding about GBVH, sexual harassment, misogyny and sexism, ensuring zero tolerance of misogyny and sexism and establishing standard procedures for IndustriALL handling complaints are the objectives of this policy. 
 
The next steps practical steps include an action plan for training at all levels of the organization, training for elected leaders, coordicators and staff on the GBVH policy, and a No Excuse campaign to be launched next year, to raise awareness on this issue and the new policy.

IndustriALL gender director, Armelle Séby, says:

“This policy, drafted by a gender expert, Jane Pillinger, under the close supervision of IndustriALL Gender Equality Task Force, will equip IndustriALL and its affiliates to implement ILO C190 provisions in our unions and industries. We hope that his policy will serve as a model for affiliates to develop their own policies and reinforce existing mechanisms. The policy gives an important role to play to men leaders in preventing and addressing GBVH. The policy reminds that GBVH is a core trade union issue.”

Christina Olivier, IndustriALL assistant general secretary says:

“This policy will help us to build together safer spaces in our unions and our industries free from GBVH, misogyny and sexism. IndustriALL will need the support and expertise of affiliates, who already have such mechanisms in place, build on existing expertise and good practices within its affiliates to implement this policy.IndustriALL is the first global union federation to endorse such a policy.”

This global policy implements the 2021 Congress Resolution. It also incorporates the IndustriALL sexual harassment policy for meetings and events and ensures the continued implementation of the IndustriALL Pledge “Not in Our Workplace, Not in Our Union.”


 

IndustriALL Executive Committee elects female president

“Democracy, peace and climate change are closely linked and unions play a very important role. Organizing is one of the key tools that we have at our disposal,"

Marie Nilsson said upon accepting the role of acting president until IndustriALL’s 4th Congress in Sydney, Australia, in 2025.

The Executive Committee adopted the statement from the Mid-Term Policy Conference in June and approved the creation of a Congress preparatory committee to look at amendments to the Statutes and a draft a new action plan. IndustriALL’s 4th Congress will be held on 4-9 November, hosted by the Australian affiliates.

In an important move, the Executive Committee adopted a global policy on gender-based violence and harassment, misogyny and sexism. The adoption coincides with the 16 days of activism against gender-based violence.

The policy sets out IndustriALL’s commitments to prevent and end gender-based violence and harassment, misogyny and sexism where it occurs in the course of, linked with or arising out of IndustriALL work and activities.

IndustriALL has a zero tolerance to GBVH, misogyny and sexism and stresses that there is No Excuse for GBVH, misogyny and sexism. Under the banner of a No Excuse campaign to be launched in 2024, IndustriALL will raise awareness about the policy and disseminate it to all affiliates.

Discussing the draft campaign strategy, it was decided that a working group will further develop the guidelines and strategies, including setting up a corporate campaign in the wind sector energy targeting the big five manufacturers. 

Participants discussed a resolution on the conflict between Palestine and Israel. After a very heated debate, a resolution calling for a just and lasting solution to the Israeli-Palestinian conflict through peaceful means was adopted.

Closing the two days of online meetings, Jörg Hoffman concluded his seven years as president of IndustriALL.

"I wish to thank everyone for their cooperation and commitment in the Executive Committee and look forward to seeing you all again."

South Africa: 12 workers killed at Impala Platinum Mine

According to Implats, the workers were in a personnel conveyance (elevator or lift) cage hoisting them to the surface of the mine from a depth of about 1,000 meters when the accident occurred. The conveyance unexpectedly reversed direction and began descending through the shaft and crashed at the bottom of the shaft.

The department of mineral resources and energy has announced that the accident investigation will be completed in three months.

Regulations on machinery and equipment stipulate that regular checks and maintenance must be done on the lifts. If as a result of examination, any weakness or defect is found which may pose the risk to the health and safety of any person, that the lift is not used until the risk has been rectified, states part of the regulation.

IndustriALL Global Union affiliates, the National Union of Mineworkers (NUM) and the National Union of Metalworkers of South Africa (NUMSA) expressed shock at the horrific news. 

The NUM, which is conducting a campaign for mine health and safety and has gone to court against Anglo-American to demand that the Mine Health and Safety Act remains the main law governing the industry, said: 

“We will continue to demonstrate our displeasure regarding the growing numbers of fatal accidents and injuries in the mines. Once again, we call upon the companies to show some commitment in addressing the issues of health and safety since the lives of mine workers matters most. The regulator must hold the companies accountable.”

Jerry Morulane, NUMSA regional secretary for Hlanganani which includes the Rustenburg area, says:

“NUMSA mourns the loss of these workers. They are not just numbers, they are breadwinners, they have households who love and depend on them. We send our deepest condolences to their families and friends for this tragic loss. This incident is gravely concerning and raises many questions about health and safety issues.”

NUMSA’s members at Implats include contract workers who work at shaft 11 where the accident occurred and are employed by Triple M, Reagetswe, Platchro, Oteng and Newrak mining. 

Glen Mpufane, IndustriALL mining director said: 

“Our thoughts are with the families of the deceased workers to whom we offer our sincere condolences and we wish those in hospital a speedy recovery. Once again we are reminded, in a most painful way, to continually demand from mining companies including Implats the highest levels of compliance to health and safety protocols. Mining companies have an obligation to provide safe working conditions for mineworkers and must not be negligent.”

South Africa has ratified Convention 176 (Safety and Health in Mines), and the unions welcomed the inclusion of Occupational Safety and Health Convention and the Promotional Framework for Occupational Safety and Health as fundamental conventions of the International Labour Organization.  

Photo: Shutterstock