Glencore continues to put profits before people

Glencore’s extensive workers’ and human rights violations dominated the meeting, including concerns of indigenous communities, undermining just transition and silencing their critics. 
 
Chilling accounts of the impact of Glencore’s irresponsible exit from the Prodeco coal mine in Colombia were raised by trade unions, NGOs and indigenous communities.
 
Juan Carlos Solano from IndustriALL Colombian affiliate SINTRACARBON said: 

“Many of the jobs are outsourced and the workers at these companies have worse working conditions. They are harassed and the salaries are unequal. What is Glencore going to do about this?”

 The indigenous Yukpa community, from Colombia, lives on the borders of El Cerrjon, the largest coal mine in Latin America, owned by Glencore since 2021. This community is suffering from large-scale open pit mining, the rivers are diverted or contaminated. The community leaders told the AGM that 40 children die every year because of poisoned water. 

During the meeting the criticism kept flowing. Dominic Lemieux, co-chair of the mining and DGOJP sector said: 

“Glencore continues to work with subcontractors at the Horne Smelter copper mine in Canada, undermining the collective bargaining agreement.”

Glencore favours a hands-off management style, with local managers encouraged to make operational decisions without reference to a global standard. Questions at the AGM on Glencore’s swashbuckling history at odds with growing importance of ESG were never directly addressed and often referred to local management who were responsible for the mines. 

Despite the constant backlash, the board’s chairman, Kalidas Madhavpeddi’s, answers to all questions were generic and unapologetic: 

“Glencore respects human rights and works closely with indigenous communities. We respect trade unions and workers’ rights. We condemn any violations committed against people who work at the mines and in the communities.” 

 IndustriALL mining director Glen Mpufane, said: 

“We are hugely disappointed. Despite evidence, Glencore denied everything. They refer everything to the operations; the board is not responsible for anything. Anything that impacts workers, communities and indigenous communities is not the fault of Glencore.”
 
“We will escalate our global campaign – Glencore can’t keep making profits at the expense of people’s wellbeing and lives.”

The AGM was the final day of several days of meetings that included the Glencore network meeting and the pre-AGM for investors. 
 
 

OECD Guidelines for Multinational Enterprises

The OECD Guidelines for Multinational Enterprises, although not legally binding, are one of the few international instruments available to trade unions to help secure respect of international labour standards by multinational enterprises (MNEs). 

The Guidelines were considerably strengthened in the 2011 Update through the inclusion of key elements of the UN’s work on business and human rights and further aligning the chapter on employment and industrial relations with the ILO MNE Declaration. As a result, the Guidelines clearly apply to workers in indirect employment relationships and in the supply chain.  

Governments that sign the Guidelines are required to set up National Contact Points (NCPs), which have a responsibility to help resolve complaints of alleged breaches of the Guidelines.
 
The Guidelines can be used to defend the trade union rights of employees, contract workers and workers in other parts of the supply chain. Most trade union cases submitted under the Guidelines concern the rights of workers to form or join trade unions and to bargain collectively, but also a range of other issues including precarious work, disclosure of information, forced labour, discrimination, health and safety, the environment, and corruption.  

The Trade Union Advisory Committee (TUAC) to the OECD has developed a guide – Trade Union Guide to the OECD Guidelines for Multinational Enterprises – to help trade unions to use the 2011 Guidelines in their workplaces and in their campaigns to defend workers’ rights and improve living and working conditions. It also contains a trade union checklist.

NCP complaints process

The OECD Due Diligence Guidance for Responsible Business Conduct offers valuable information on due diligence and remediation mechanisms.

The role of the ILO

Established in 1919 as part of the Treaty of Versailles that ended World War 1, it is the only tripartite United Nations agency – bringing together governments, employers and workers representatives from its 187 member states.

The International Labour Office, the ILO’s secretariat, employs some 2,700 people from 150 countries at its headquarters in Geneva, Switzerland, and in around 40 countries around the world. Its activities are directed by the Director-General and the ILO’s Governing Body, which includes representatives from member states, workers’ and employers’ groups.

Decent Work Agenda

As part of its mission, the ILO aims to achieve decent work for all by promoting social dialogue, social protection and employment creation, as well as respect for international labour standards. The ILO provides technical support to more than 100 countries to help achieve these aims, with the support of development partners.

International labour standards

The ILO sets international labour standards with Conventions, which are ratified by member states, or Recommendations, which are non-binding.

Conventions are drawn up with input from governments, workers’ and employers’ groups at the ILO. Conventions are adopted by the International Labour Conference, which meets every year in Geneva.

In ratifying an ILO Convention, a member state accepts it as a legally binding instrument. Many countries use the Conventions as a tool to bring national laws in line with international standards.

ILO Declaration on Fundamental Principles and Rights at Work

Adopted in 1998 and amended in 2022, the Declaration commits member states to respect and promote eight fundamental principles and rights in five categories, whether or not they have ratified the relevant Conventions.

They are:

Trade unions at the ILO

Worker group representation is drawn from national trade union confederations, so trade unions play a crucial role in developing policy at the ILO. The Bureau for Workers' Activities (ACTRAV) at the secretariat is dedicated to strengthening independent and democratic trade unions so they can better defend workers’ rights and interests.

The workers’ guide developed by ACTRAV provides an overview of the principles on freedom of association established by the ILO supervisory bodies, and helps to understand how ILO procedures can be best used to secure and promote freedom of association.

The ILO’s supervisory role

The ILO monitors the implementation of ILO Conventions ratified by member states. This is done through the ILO Committee of Experts on the Application of Conventions and Recommendations monitors compliance with international labour standards. Complaints can be filed against member states for not complying with ILO Conventions they have ratified. Only complaints against governments can be submitted, to be heard during the International Labour Conference every summer.

It is also done through the International Labour Conference’s Tripartite Committee on the Application of Conventions and Recommendations.

Member states are also required to send reports on the progress of the implementation of the Conventions they have ratified.

Complaints

Complaints can be filed against member states for not complying with ILO Conventions they have ratified. Complaints can be from another member state which has signed the same Convention, a delegate to the International Labour Conference or the ILO’s own Governing Body.  

Trade unions use the complaint procedure and the International Labour Conference to bring attention to labour and workers’ rights violations in member states.

In the framework of the ILO Tripartite Declaration of Principles on Multinational Enterprises and Social Policy (MNE Declaration), the ILO has set up a procedure to support dialogues involving multinational enterprises and the representatives of the workers on the application of the principles of the MNE Declaration: Company-Union Dialogue

For more information, go to www.ilo.org

United Nations instruments

The special procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. As of October 2021, there are 45 thematic and 13 country mandates, including:

Individuals have increasingly acquired the means to vindicate their rights at the international level. Since the early 1970s, international complaint mechanisms have developed apace, and complainants can now bring claims to the United Nations concerning violations of their rights contained in the nine so-called ‘core’ human rights treaties.

The nine treaties concern:

(i) civil and political rights;

(ii) torture and cruel, inhuman or degrading treatment or punishment;

(iii) racial discrimination;

(iv) gender discrimination;

(v) rights of persons with disabilities;

(vi) protection of all persons from enforced disappearance;

(vii) rights of migrant workers and members of their families;

(viii) economic, social and cultural rights;

(ix) rights of the child.

The complaint mechanisms are designed to be accessible to the layperson. It is not necessary to be a lawyer or even familiar with legal and technical terms to bring a complaint under the treaties concerned.

The UN Guiding Principles on Business and Human rights make clear that global companies are responsible for conditions in its supply chain, regardless of where the work is preformed and what the employment relationship is.

Negotiations for a binding UN treaty started in 2014. Global unions are pushing for a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.

The International Accord for Health and Safety in the Textile and Garment Industry

The Bangladesh Accord between UNI and IndustriALL Global Unions and global garment brands was created in 2013. Created out of the rubble of the Rana Plaza collapse, killing more than 1,100 garment workers, the International Accord for Health and Safety in the Textile and Garment Industry promotes safe workplaces through independent safety inspections, training programs, and a complaints mechanism to safeguard workers against occupational health and safety risks.

The legally binding agreement has transformed factory safety in Bangladesh’s garment industry, given workers the right to refuse unsafe work, saved lives, supported freedom of association and increased collective bargaining.

In September 2021, the Bangladesh Accord was expanded into an International Accord. The new agreement transferred the inspection functions in Bangladesh to the tri-partite Ready Made Garments Sustainability Council, (RSC), which includes brands, unions and factory-owners.

The International Accord focuses on health and safety in the sector. The terms of the International Accord make it legally binding because it is enforceable in the signatories’ home country.

The Accord contains an independent arbitration mechanism, which can only be used if a company agrees to use it for arbitration.

In December 2022, the Accord expanded its programme to Pakistan.

Labour standards at multilateral development banks

The ITUC has published a manual on how to use binding labour safeguards at multilateral development banks to demand the respect of labour rights. This includes a method of notifying institutions when a company that receives a loan is in breach of fundamental rights.

The manual provides information on how the banks operate, the contents of the labour safeguards, tracking proposed and ongoing loan projects, engaging with the banks and how to raise complaints when workers’ rights are violated. A quick guide provides the essential information to take action, followed by thorough information on successful use of the safeguards.

Trade unions have used the safeguards to improve working conditions, organise and collectively bargain. When disputes arise, unions can find out if a development bank is connected to the worksite and use the safeguards. In other cases, unions can monitor proposed loans and ensure that labour rights are upheld by the bank and borrower from the start.

Although the safeguards are binding, violations by borrowers and subcontractors remain too common. Trade unions continue to demand that the multilateral development banks conduct adequate due diligence and monitoring to ensure respect for the safeguards. Some of the problems in implementation arise from gaps in the labour safeguards, such as restrictive language on national law and the freedom of association.

The guide provides trade unions with the information to press for better safeguards when the banks conduct periodic policy reviews.

Photo: ©Ahmad Al-Basha/Gabreez/ILO

Attack on trade union rights in Sri Lanka

Commercial and Industrial Workers Union- United Federation of Labour (CIWU-UFL), Ceylon Mercantile Industrial and General Workers’ Union (CMU) and Free Trade Zones and General Services Employees Union (FTZ&GSEU), all affiliated to IndustriALL, are among the four unions excluded from the NLAC.

This comes at a time when the Sri Lankan government is proposing to reform the country’s existing labour laws. Unions claim that is an attempt to side line independent unions, especially in the private sector. Excluding representation in the NLAC of workers from the free trade zones and export manufacturing sectors will allow employers to more easily negotiate for labour law reforms to their advantage.

NLAC is a tripartite mechanism to discuss labour-related matters. Since the beginning of the economic and political turmoil in Sri Lanka, unions have demanded that the government convene NLAC meetings to discuss the situation of working people, but the administration has shown no interest to engage with unions. Instead, the government has proposed investor-friendly labour law reforms which unions claim will have an adverse impact on working people of the country.

Media reports highlight that Sri Lankan government has stated that the reconstitution of the NLAC is based on the membership strength of the trade unions.

Anton Marcus, FTZ&GSEU joint secretary, says:

“This is a violation of ILO fundamental conventions. Our union has submitted a complaint to the Human Rights Commission requesting it to intervene in the government’s arbitrary and indiscriminate selection of representatives in the NLAC reconstitution process. Trade unions will also submit a joint letter to the ILO in this regard.”

CMU has been a member of NLAC since 1994, UFL since 1995 and FTZ&GSEU since 2009.

Atle Høie, IndustriALL general secretary, says:

“IndustriALL condemns the action of the Sri Lankan government that violates the fundamental rights of workers in the private sector to be represented at the NLAC. We call on the Sri Lankan government to include the excluded unions including our affiliates in the NLAC.”

How to seek remedy through international mechanisms

The ILO publication Promoting the strategic use of International Instruments for trade unions’ action provides valuable information on different international instruments to strengthen social dialogue, collective bargaining, and responsible business conduct.

Says IndustriALL general secretary Atle Høie:

“These tools exist and although the use of international tools can be a slow process, the fact of initiating a complaint is a form of pressure that can be leveraged at national level. We recommend you to take a closer look to see if they can be of use to your union.”

There is a growing body of legislation governing global supply chains and protecting workers in vulnerable situations. One recent example is the German supply chain legislation, where from 1 January 2023, workers and their advocates will be able to sue German companies in German courts for environmental and human rights breaches, including breaches of workers’ rights.

“We need mandatory due diligence legislation that includes access to legal redress. It’s collective action – the hallmark and the power of the international labour movement- that has given us the ability and the tools to fight to transform the global supply chain. We will continue our mandate to make sure the lives of our members in the sector improve through advancing workers’ rights, building union power, confronting global capital and ensuring sustainable industrial policy,”

says Atle Høie.

International instruments for trade unions

Global framework agreements  OECD Guidelines for Multinational Enterprises
ILOInternational Accord
United NationsLabour standards at multilateral development banks

Global unions urge governments and employers to help put an end to human and trade union rights violations in Belarus

Repression of free trade unions in Belarus over the past decades culminated in 2022 with the dissolution of the Belarusian Congress of Democratic Trade Unions (BKDP) and its affiliates and arrests and detention of more than 40 trade union leaders and activists, including BKDP President Yarashuk and Vice-President Antusevich.

In view of this escalation of repression of free trade unionism, and the persistent failure of the Belarus regime to implement the findings of the 2004 ILO Commission of Inquiry, the forthcoming International Labour Conference (ILC) must agree to take action under Article 33 of the ILO Constitution, to pressure the Government to release trade union leaders and activists, reinstate the unions and demonstrate real commitment to implementation of the recommendations of the Commission of Inquiry.

The measures recommended by the Governing Body are outlined in a draft resolution (Appendix VI of the Office document) and we urge trade unions around the world to press their governments and employers’ organisations to vote with the worker representatives at the ILC in support of a comprehensive set of measure involving the ILO bodies, Member States and international organizations, including the United Nations.
 
For more than 20 years, government interference in trade union activities and elections, forced dissolution of unions and detention of trade union leaders, dismissals and blacklisting has been condemned by ILO bodies. The 2004 ILO Commission of Inquiry concluded that the Belarus trade union movement had been the subject of significant interference on the part of Government authorities and issued recommendations to the Government of Belarus.

But the Government of Belarus continued its systematic suppression of the independent trade union movement in the country. The Belarusian authorities refer to independent unions as 'extremists' and ‘terrorists’ and engage in defamation campaigns with the clear and explicit message that anyone who is in any way associated with the BKDP and its affiliates risks persecution. Many leaders and activists have had to leave the country.

The Global Unions urge workers’ delegates, employers and governments to support the adoption of the resolution by the Conference to secure compliance, at last, by the Government of Belarus with the recommendations of the Commission of Inquiry, and to put an end to the flagrant violations of human rights and trade union rights in the country.

Trade unionism is not extremism! Trade unionism is not a crime! Freedom to the trade unionists of Belarus!

This is Global Unions joint statement signed by:

Unions demand sincere dialogue with Glencore ahead of AGM

Over the last ten years, Glencore has collected a long list of atrocities, including corruption, workers’ rights violations, harm to indigenous communities, undermining just transition and silencing critics.  

Today’s pre-AGM, aimed at the investor community, heard accounts of how Glencore operates on the ground. 

IndustriALL mining director Glen Mpufane, said:

“Glencore paints a beautiful self-portrait, speaking of how they source responsibly, operates ethically and contributes to local development, of how they support global decarbonization engaging their stakeholders and creating value for their investors. This is pure spin and greenwashing, because today you will experience something completely different. What Glencore says and does is real fact versus fiction.”

Juan Carlos Solano from IndustriALL Colombian affiliate SINTRACARBON described poor working conditions at Cerrejon mine.

“Workers suffer harassment and are becoming ill. There are salary inequalities, and it is disgusting how they manage interns. We ask Glencore to respect us and engage with us but they only care about profits.”

Hilda Arrieta representing the Women’s Network of El Paso, in Colombia, expressed how Glencore has turned her community into a ghost town. 

“They closed the Prodeco coal mine in 2021 without a proper social plan in place. We are the mothers of children who have turned to drugs and prostitution because there are no opportunities for them. We cannot just sit back and watch this happening to our children and our community.”

The meeting heard how Glencore denies contract workers the freedom to join unions, collective bargaining and health and safety rights.

Itumeleng Motsusi from the National Union of Mineworkers (NUM), an IndustriALL affiliate, in South Africa, said

“Glencore arbitrarily imposes shift roster changes and threatens retrenchments when the union questions them about it.”

Stakeholders at today’s meeting asked for a sincere dialogue with the company. 

“We need a frequent dialogue with the highest level of management at Glencore. Glencore needs to respect all stakeholders and not just the shareholders. Their damaging ways of operating affect our workers, our environment, and our communities,” 

said Dominic Lemieux, co-chair of the mining and DGOJP sector.

“Glencore’s investors are increasingly listening to voices other than that of the company, and they’re becoming aware that there’s a big gap between corporate rhetoric and the reality on the ground. In the pre-AGM today, shareholders had an important opportunity to hear about how Glencore’s operations have caused lasting harm to the lives of people in multiple countries. Hearing such direct testimony will help investors in their crucial work of holding Glencore accountable for its impacts,”

said Liz Umlas, senior adviser on capital strategies, IndustriALL.

Union and community representatives will attend tomorrow’s AGM and voice their issues and fight for a seat at the table.