Urgent need for mandatory due diligence

The week began with bilateral meetings at the ILO in Geneva to highlight the continued need for stronger support by the ILO. The delegation, IndustriALL sector co-chair Habib Hazimi, Tunisia, Nazma Akter, Bangladesh, and Athit Kong, Cambodia, joined a commemoration ceremony in honour of the workers who lost their lives at the Rana Plaza organized by the ILO's Bureau for Workers’ Activities (ACTRAV).

"The collapse of the Rana Plaza and its aftermath is a stark reminder that occupational safety and health is not only a fundamental right at work, but also a key step in the quest to achieve social justice for all,"

said Manuela Tomei, ILO assistant director-general for governance, rights and dialogue.

The call for a strong supply chain industrial relations took the union leaders to a conference on Asia’s textile industry hosted by the German Federal Ministry for Economic Cooperation and Development in Berlin, where they were joined by Khaing Zar from Myanmar.

As part of the panel of experts, IndustriALL textile and garment sector director Christina Hajagos-Clausen said:

“For the brands still sourcing from Myanmar despite the military coup – shame on you. You cannot talk about decent work and still source from Myanmar.”

At the Textiles Partnership’s Working Meeting Textilbündnis, Nazma Akter, president of Bangladeshi union Sommilito Garments Sramik Federation, reiterated the message that safe factories still need to be fought for:

"Only half of Bangladesh’s 4,4 million garment workers are covered by the Accord. It must continue and all brands sourcing from Bangladesh must sign it.”

In Brussels, the delegation met with members of the European Parliament (MEP) and the European commission.

“Trade unions in production countries expect the EU to push for strong mandatory due diligence,”

said Athit Kong, president of Cambodian union CCAWDU.

“The EU has the leverage to use trade relations to improve the situation for workers.”

Said Habib Hazimi, general secretary of Tunisian Textile, Clothing, Shoes and Leather Federation:

“Workers do their best to improve productivity, so why not help them and put the weight on the shoulders of multinational brands to provide decent wages, better working conditions and respect for workers’ rights.”

The union leaders came with three key demands that rely on European action and support

Mandatory due diligence legislation that includes access to legal redress
European companies to offer living wages throughout their global supply chains
More brands to join the International Accord to improve workplace safety for garment workers

"The EU MADE in Myanmar project provides a front for workers’ rights violations, as it legitimises the military. EU must stop it as decent work is not possible under the dictatorship in Myanmar,”

said Khaing Zar.

“We undertook this advocacy tour to put forward a key pillar of our policy; to move away from social auditing and to move to mandatory due diligence,”

concluded Christina Hajagos-Clausen.

Working group develops proposals on labour protection

Participants noted that a big issue for workers and trade unions is the lack of mandatory evidence of safe workplaces. Employers' investments in occupational health and safety and the level of remuneration depend on the results of certification. Currently, certification is carried out regularly only at large industrial enterprises. Since this is a costly undertaking, employers at many small medium enterprises try to shy away from extra costs.

Vadim Borisov, IndustriALL regional secretary said

“Armenia has not ratified ILO Conventions 155 and 187 on Occupational Safety and Health and the Industrial Sphere. The legislation of Armenia in the field of labour protection is not tied to international norms or standards.”

Trade unions also noted the low level of social dialogue and the absence of social partnership due to the lack of employers' associations both at the sectoral and national levels.

“We do not have a social partner in the employer. We have no one to negotiate with in the formally existing trilateral commission,”

said Yelen Manaseryan, chair of the Confederation of Trade Unions of Armenia.

A draft of a new labour code is being prepared for parliamentary readings. For the first time in the post-Soviet period, the trade unions of Armenia took part in active discussion, and the final draft includes 120 amendments received from the trade unions.

Trade unions created a working group, which included two experts from each trade union. Among the tasks facing the working group is the development of proposals for employers and government agencies on labour protection issues. The first task of the group was to develop recommendations and write a draft attestation of workplaces.

“The day after the seminar, the leaders of trade unions met with the head of the state labour inspectorate of Armenia and we agreed to hold quarterly meetings to address topical issues in the field of labour protection,”

said Eduard Pahlevanyan, chairman of the trade union of metallurgists and jewelry industry workers.

On 1 May, trade unions organized street actions including trade union lawyers working in the main square of the city, who gave advice to people on labour issues.

T-win Garment reinstates eight Cambodian union leaders

After the formation of a local union and election of ten union officials from CUMW at T-win Garment in Takeo province, company management forced two CUMW leaders, Horn Sophoeurn and Koeurng Ngieng, to resign from the union. When they refused, the company dismissed them on 10 February.

Four days later, the company management asked the remaining eight unionists to resign from the union. After refusing to follow the instruction they were dismissed on the same day. CUMW filed a complaint with the authority and attended mediation meetings, but still the management refused to reinstate workers.

After failed mediations CUMW and IndustriALL requested the intervention of Nike, a customer of T-Win Garment. After two months of engagements with the brand and the company, T-Win Garment finally agreed to reinstate the dismissed leaders. The other two unionists decided to leave with termination compensation.

Pav Sina, president of CUWM said

“we welcome the full reinstatement of the 8 unionists with backpay. The joint agreement states that both parties will respect legal procedures and will not retaliate against each other after the reinstatement. Labour disputes will be managed peacefully and effectively in the future.”

IndustriALL director of textile and garment industry Christina Hajagos-Clausen says,

“we thank Nike for their intervention and the cooperation of T-Win Garment. We hope that employers in Cambodia fully respect workers’ freedom of association and collective bargaining in garment and textile factories and that they build harmonious relationships with unions. Suppliers should adhere to stronger labour standards because there are increased legislative efforts in implementing human rights’ due diligence in global supply chain.”

The garment sector is the prime contributor to the Cambodian economy. Sixty per cent of the country’s total export are garment, textile, shoe and footwear products. The garment export increased by 24 percent to US$10.25 billion on a year-on-year basis.

Working group establishes strategic action plan to confront global capital

Welcoming the participants, FTM-CGT general secretary Frédéric Sanchez, said:

“MNCs have a big responsibility in the world economy; they have more power than governments. International solidarity is key if we want people to be empowered, and we need IndustriALL for that.”

Participants agreed to focus on strategic campaigns targeting multinational companies in IndustriALL’s sectors to confront global capital and build trade union power. The work will include promoting global trade union networks, trade union rights, transnational solidarity and collective action.

The committee also agreed to aim to establish strategies for affiliates to address changes affecting working conditions and job security, strengthen current policies and instruments, and negotiate and implement global framework agreements.

As the energy transition will impact all IndustriALL industries and the way we live, delegates identified as priorities the supply chain that support the transition to renewable energy, notably the solar and wind energy power. Mining, notably critical minerals, and base metals were identified as key sectors to focus on. The meeting expressed a wish to further develop the different proposals at the Mid-term policy conference in Cape Town in June.

The GMC established a steering committee to analyze its composition and resources on a regular basis. The steering committee will consist of regional representation determined by IndustriALL vice-presidents. Delegates elected Jonathan Hayward, Workers Uniting UK, and Maria Soledad Calle, UOM, Argentina, as co-chairs.

Said IndustriALL assistant general secretary Christine Olivier:

“As global capital continues to exploit vulnerable workers across the globe, especially in the producing countries, IndustriALL has a responsibility to respond to these onslaughts by reinforcing global solidarity, unity and build our capacity through the work of this committee.”

Zimbabwean unions want an end to poverty, corruption and oppression

According to the country’s statistical agency Zimstats most workers earning less than US$62 per month and trade unions are concerned that most workers and their families are living in poverty. Unions say workers need at least $500 to afford basics like food, transport, and housing.

The theme of the celebration, with thousands of workers in attendance, was: “Workers demand an inclusive Zimbabwe free from poverty, corruption, and oppression.”

The May Day theme relates to the country’s adverse mentions in the Application of International Labour Standards 2023 Report of the Committee of Experts on the Application of Conventions and Recommendations. Zimbabwe has been asked to explain, after reports were made by the ITUC and the Zimbabwe Congress of Trade Unions on violating Convention 87 and Convention 98. Additionally, the government of Zimbabwe must respond to serious allegations of violations of trade union rights and civil liberties. These include anti-union discrimination and proposed labour law amendment bills that curtail workers’ rights.

Zimbabwe Congress of Trade Unions (ZCTU) president Florence Taruvinga says,

“the government must include trade unions in their processes through social dialogue, so that workers are given the opportunity to defend their interests. Further, we would like investors especially Chinese employers to respect workers and stop humiliating them through beatings.”

She added that the Zimbabwean workplace has changed and is largely informal, and this calls for unity between the formal and informal workers.

Joseph Tanyanyiwa, chairperson of the IndustriALL Zimbabwe national coordinating council said:

“This year’s celebrations are taking place when workers are struggling to put food on the table. As unions we are campaigning for minimum wages of US$150 across all sectors and calling on employers to pay in US dollars as the value of the local currency continues to fall. We have been demanding the dollarisation of wages in our tripartite negotiating forums.”

IndustriALL regional secretary for Sub-Saharan Africa, Paule France Ndessomin said

“we support union campaigns for living wages and urge the government to respect workers’ rights according to the national labour laws and international standards. Instead of denying workers’ rights, the government must play its role as a key stakeholder that facilitates social dialogue.”

The celebrations were organized by the ZCTU to which IndustriALL Global Union affiliated unions also belong. The affiliates organise in chemicals, garment and textiles, metal industries, plastics, and other sectors, and are the National Union of Metal and Allied Workers of Zimbabwe, the National Union of the Clothing Industry, the Zimbabwe Chemicals, Plastics and Allied Workers Union of Zimbabwe, and the Zimbabwe Textile Workers Union.

Countries from across the world including Bangladesh, Pakistan, India, Sri Lanka, Nepal, France, Germany, Thailand, Switzerland, Turkey and Georgia celebrated May Day.

African unions commemorate International Workers' Memorial Day

Kofi Poku, the union branch chairperson at the terminal said,

“Blue Ocean is known to be conscious on health and safety issues and workers make significant contributions towards creating a safe working environment. The visit by IndustriALL is commendable and highlights the commitment of organised labour at global level to ensure health and safety at work.”

A meeting preceding the visit discussed country reports which focused on: accident reporting systems in Togo, campaigns for health and safety laws in mining that protected workers’ rights in South Africa, and campaigns against precarious work as workers, in Ghana, Nigeria, Kenya, and Uganda, with short contracts faced more health and safety risks than those on permanent contracts.

The meeting also heard that Madagascar’s garment and textile factories’ contract workers faced risks that were worsened by sexual harassment which was targeted at young women workers. The meeting discussed the positive impact of the Bangladesh Accord on Sub-Saharan Africa especially the involvement of brands through global framework agreements after the Rana Plaza disaster which happened a decade ago.

In Mauritius, unions were campaigning for proposed amendments to Articles 7, 10, 11, and 22, to the Rotterdam Convention, a global treaty to facilitate informed decision making by countries to manage chemicals in international trade and exchange information on hazardous chemicals and their potential risks. The campaign by the CTSP received government endorsement, and Mauritius’ position will be presented at the 11th conference of parties to the Rotterdam Convention that is currently taking place in Geneva, Switzerland.

Glen Mpufane, Industrial director for mining and lead on health and safety, said:

“Workers have made immense sacrifices on health and safety and as trade union activists we are in solidarity on their demands for safer workplaces. It is a victory for workers that health and safety is now one of the fundamental rights at work and this is why we must have knowledge on international labour conventions and recommendations. However, as we remember the injured and dead, we must adapt our programmes to include human rights’ due diligence and demand responsible business conduct from employers.”

Glen added that workers must remain vigilant on identifying hazards and risks at the workplaces including wearing of appropriate personal protective equipment in hazardous areas and exercising the right to refuse unfair and unsafework.

The participants are part of the Sub-Saharan Africa occupational health and safety committee whose members are drawn from the chemical, garment and textile, mining, oil and gas, and other industrial sectors. This visit was organized by IndustriALL affiliate, the Ghana Transport Petroleum and Chemical Workers Union which organizes workers at the Tema Oil Refinery and Blue Ocean.

Human rights due diligence is not possible in Myanmar

After the military coup in Myanmar in February 2021, IndustriALL supported a call by Myanmar unions for all multinational companies operating in the country to divest. Companies maintaining operations in the country are unwilling accomplices to a growing humanitarian crisis and are de facto funding the military’s war on its own people, recently through airstrikes killing more than 100 people.

The situation continues to deteriorate. Unions have been outlawed and with no mechanism to help workers and no freedom of association, workers are in a very vulnerable situation. Violations against workers are increasing, as is wage exploitation, forced labour and harassment against women. The military has cracked down on unions and its members, with violent attacks and arrests. More than 60 trade unionists are imprisoned on trumped up charges, who must be immediately released.

The EU-funded MADE in Myanmar project, which claims to support the garment manufacturing sector by replacing unions with employer-selected “workers’ representatives, is worrying. Employers take advantage of the political situation to deprive workers of their rights and allows serious violations of human rights and labour rights continue in Myanmar while helping the military gain legitimacy.

Freedom of association is a fundamental human right and a fundamental EU principle, the restrictions on unions and the right to collective bargaining in Myanmar under the military regime are a serious concern which puts the legitimacy of this EU initiative into question.

Investments have long-term impacts on labour rights. All companies should leave Myanmar to cut off funds to military. Planning a responsible exit is the only position consistent with upholding global human rights standards. Due diligence is not possible under a military dictatorship and in a state of civil war.

Building strong inclusive unions in South Asia

The South Asia region face very similar challenges as trade unions, from low women and youth membership and participation, to the surge of contract work and lack of access to organize contract workers.

IndustriALL Global Union affiliates from the region were very clear that their challenges are tough and need to be addressed to strengthen their membership base and to access potential members.

"We must organise precarious workers, it is hard but we must organize them. Whatever project we devise it must concentrate on giving protection to contract workers. Precarious work is happening in our entire region, it is the general trend. Capital wants workers to be cheap and as contract workers, the moment that they complain it is so easy to get rid of them."

"We are fighting in Bangladesh to reform the labour law for informal workers to be covered by the labour law."

"in Nepal the Labour Act 2074 in clause 145 on layoffs and retrenchments needs to be abolished for us to make any progress, most companies just claim financial loss and can get rid of workers."

"in Pakistan our job is difficult because of yellow unions. We are trying to focus on forming sectoral unions and strengthening them."

The discussions had a strong focus on the question of contract workers because those most affected are women and youth.

Gender based violence was also an important topic that participants discussed at length. Focusing on capacity building and strong awareness building and the use of valuable resources like the ILO C190 Toolkit on violence and harassment in the world of work was stressed.

Young participants sat together to discuss strategies to increase their reach and improve the sustainability of their unions. Their focus was around achieving growth and awareness by using social media tools to increase reach.

Apoorva Kaiwar, IndustriALL regional secretary, said the

"It is our joint work to make sure that we are working towards better representation of women and of youth. We want a transformative union!"

An important reference to the previous project achievement in the region, specifically in India Pakistan and Nepal the past 4-5 years was made, to ensure that this planning builds on previous achievements and takes it a step farther:

over 35,000 workers organised;
85 collective bargaining agreements signed;
2230 precarious workers made permanent;
women participation increased from 27% to 32%; and
youth leaders more actively involved in union activities.

“On behalf of the union’s leaders, we may be busy, but we can attend these programs to contribute towards the empowerment of women. This was a good opportunity to see all this young talent. If this project is implemented, there are so many opportunities in the next 5 years. When our unions are strong IndustriALL will be strong”

said Sanjay Vadavkar, IndustriALL Asia Pacific executive committee member.

Health and safety workshops in Alang

Workers have a fundamental right to health and safety at work, and those employed in the ship recycling industry are among the most at risk of working in unsafe environments. Although the ratification of the Hong Kong Convention and the presence of a strong union in the region has changed a lot, much work remains.

The workshops aim to strengthen health and safety mechanisms in ship recycling yards. The workshops are attended by a large number of participants from various unions, including those working in the downstream shipbreaking industry, government bodies, as well as the employers' association.

IndustriALL assistant general secretary Kan Matsuzaki, says:

“These workshops are an important step towards establishing tripartite social dialogue to ensure safer and greener yards. IndustriALL congratulates ASSRGWA and ILO for taking the initiative.”

Discussions centre on the steps necessary to keep yards safe and green, for instance, before starting to dismantle a ship, a thorough safety checklist needs to be prepared. More than 60 per cent of accidents happen in confined places that are dangerous due to a toxic atmosphere, oxygen deficiency and excessive heat. Working at heights also poses several safety-related challenges. Proper risk assessments to ensure that all risks associated with the hazards are evaluated and controlled are important. For example, the height and vertigo tests must be passed by a worker who works at heights. Additionally, while operating at heights, the supervisor's watch is crucial.

The importance of personal protective equipment (PPE) is discussed in detail. Full body protection, like chemical protective clothing is essential in the case of continuous or recurring exposure to hazardous surroundings. When entering a burning structure, firefighters must be equipped with body and skin personal protective equipment in the form of a full suit as well as breathing equipment. The duties and responsibilities of the health and safety committee at the workplace is also an important discussion point.

Vidyadhar Rane, ASSRGWA general secretary, says:

“We are glad that the government and employers are showing an active interest in this initiative. Our goal is to turn ship recycling yards into sustainable and safe workplaces.”

The most recent workshop was held on 18-19 April, where more than 100 participants engaged in discussions on how to make shipyards safer and greener. As part of the workshop, participants visited the Pramukh steel workshop to observe best practices regarding material handling, workstation, storage of material, and pathways at the workplace.

Participants discussed how best to improve working conditions at yards while at the same time ensuring that yards become more environment friendly. They also charted out what future they want to build together, in the form of Dream Alang.

Safety for all – the need for gender-responsive OHS

The TUC’s guide for trade union activists on Gender in occupational safety and health illustrates that occupational health and safety often treats men and women as if they were the same. Less attention is given to the health and safety needs of women.

Traditional emphasis of health and safety, and related research, have been on risk prevention in visibly dangerous work largely carried out by men in sectors like construction and mining, where inadequate risk control can lead to fatalities. As a result, women’s occupational injuries and illnesses, like work-related stress or musculoskeletal disorders have been largely ignored, under-diagnosed, under-reported and under-compensated.

Across the world, work equipment, tools and personal protective equipment (PPE), have been traditionally designed for the male body size and shape. Moreover, as explained by the ILO, the design of most PPE is based on the sizes and characteristics of male populations from certain countries in Europe, Canada and the United States. As a result, not only women, but also many men experience problems finding suitable and comfortable PPE because they do not conform to this standard male worker model.

Gender inequality both inside and outside the workplace can affect women’s occupational safety and health and there are important links between wider discrimination issues and health. According to the ILO, in general, women are more exposed than men to psychosocial risks that can cause work-related stress, burnout, violence, discrimination and harassment.

The extra responsibilities that women face as paid workers and unpaid carers for their families make that women’s stress levels remain high after work. Not acknowledging gender differences may mean that apparently neutral policies impact differently on women and men and reinforce existing inequalities. OSH is a core aspect of promoting gender equality.

“We need a gender-responsive approach, based on the analysis of sex and gender disaggregated data, that acknowledges and makes visible differences between male and female workers, identifies their differing risks and propose control measures so that effective solutions are provided for everyone,”

says Glen Mpufane, IndustriALL OSH director.

ILO Convention 190 on violence and harassment in the world of work is a, calling on employers to conduct gender responsive risk assessment, taking into account gender stereotypes, multiple and intersecting forms of discrimination, and unequal gender-based power relations.

Consultation with women workers and the women health and safety representatives in health and safety committees are key for the development of gender responsive OHS.