Zambian unions reject unjust laws stifling workers' rights

The unions say the proposed amendments take away the rights that workers are enjoying and replace them with unfair provisions that violates workers’ rights. For example, while the Act protects the right of workers to refuse a transfer and opt for a severance package, the proposed amendments allow for the termination of employment and reduced terminal benefits if a worker refuses a transfer.

Currently, the law allows for payment of gratuity for long service of up to 25 per cent of the wages earned during the contract period, while proposed amendments want to reduce the gratuity to below 16 per cent. Further, the amendments propose unpaid forced leave, summary dismissals with loss of benefits, and moving away from monthly to weekly pay without explaining why this is necessary.

The Zambian Congress of Trade Unions (ZCTU) said the proposed amendments are seeking to reverse the gains that trade unions have made in advancing workers’ rights and will make workers destitute.

The ZCTU, an IndustriALL Global Union affiliate, said the proposals are “working against the government’s desires to move the Zambian people out of poverty. Poverty eradication is only possible through stable and well-paid jobs. In addition to creating jobs, we also need to improve conditions for working women and men, but not earning enough to lift themselves and their families out of poverty.”

The unions’ rejection led the government to withdraw the amendments. Brenda Tambatamba, minister of labour and social security announced on 19 July that the government was withdrawing “the proposed amendments from the ministry of justice and suspending consultations until further notice.”

George Mumba, general secretary of the Mineworkers Union of Zambia, affiliated to IndustriALL said:

“It is unacceptable that the government of Zambia can propose amendments that brazenly violates workers’ rights. As trade unions we have fought hard for these rights and reject the anti-worker proposals that are a threat to the right to collective bargaining.”

Glen Mpufane, IndustriALL director of mining and lead for health and safety, said:

“The right to refuse unsafe work is threatened by these proposed amendments. If a worker refuses to be transferred to do unsafe work, they can be dismissed. This violates national and international labour standards.”

Nigerian unions and federal government agree on new minimum wage

Unions wanted at least N250 000 ($156) which would have been a step towards a living wage. The previous minimum wage of N30 000 ($19) had become an outdated poverty wage eroded by high inflation. The last minimum wage review was done in 2018.

To push for the demands for new minimum wages, unions went on national strikes in 2023 and a national shutdown in June. One of the recommendations in the memorandum of understanding signed by the federal government with the unions was the setting up of a minimum wage committee. The unions argued that the low minimum wages had lost value and were no longer adequate against the increasing cost of living. Food prices and transport costs had hiked following the removal of petrol subsidies. Further, the unions wanted pro-poor economic policies and food security in one of Africa’s largest economies with a population of nearly 230 million people.

Unions cited Section 16 of the Constitution of the Federal Republic of Nigeria in their campaigns and pickets for better wages. The Section calls for

“adequate shelter, suitable and adequate food, a reasonable national living wage, old age care and pensions, unemployment, sick benefits and welfare of the disabled are provided for all citizens.”

Joe Ajaero, NLC president said the federation’s emergency national executive committee resolved to support the proposed minimum wages.

“This decision, though challenging and far from our initial demand, was made in the spirit of solidarity and sacrifice for Nigerian masses to avert a threatened further hike in the price of petrol which would inflict more hardship on the already suffering masses.”

Ajaero is also general secretary of IndustriALL Global Union affiliate, National Union of Electricity Employees (NUEE).

“We cautiously welcome the minimum wages and support the union's efforts towards a social contract that will improve wages in Nigeria,”

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

NUMSA wins after strike at Ford Motor Company in South Africa

Despite the legal setback, the National Union of Metalworkers of South Africa (NUMSA), whose members led the strike, successfully negotiated for a return to work and averted the job losses.

The union reached an agreement with the Ford management for a once off payment of R20 000 ($1089) to each worker, and not to take disciplinary action against the striking workers. The workers then resumed work on 12 July.

NUMSA, an IndustriALL affiliate, has 3,000 members out of a workforce of 5,500 workers at the Silverton plant. According to Ford, its operation supports over 60 000 indirect jobs on the value chain, and exports over 500 000 locally assembled Ford Ranger pick-up trucks.

The workers went on strike to demand profit-sharing in addition to bonuses after Ford Global declared profits of over $25 billion in the last financial year according to industry reports. NUMSA argued that only shareholders and management were benefiting from the profits and not the workers. The union stressed that Ford could afford the profit-sharing.

However, the union did not reach an agreement with the Ford management over the profit-sharing even after the case was brought before the Commission for Conciliation, Mediation, and Arbitration (CCMA) on 11 June. The strike which began on 4 July, was then interdicted by the Labour Court, which ruled that the collective job action was unprotected according to the law.

NUMSA welcomed the agreement with the management.

“This is a victory for the workers. As a union we believe that the working class must benefit from the profit that is generated because workers create wealth. It would not have been possible if our members were not united in their demands,”

said Irvin Jim, NUMSA general secretary.

“Profit-sharing helps to cushion the South African automotive workers against the increasing cost of living. NUMSA is commended for continuing to stand for more benefits to the workers so that they can continue to afford looking after their families,”

said Paule France Ndessomin IndustriALL Sub-Saharan Africa regional secretary.

African trade unions to adopt strategies on critical transition minerals

Unions are advocating for the implementation of human rights due diligence and responsible business practices in the mining of critical minerals. Their goal is to mitigate the adverse impact of the transition on human rights and protect the rights of workers and communities. These were key issues discussed at the Just Transition and Human Rights Due Diligence forum in Lusaka, Zambia, on July 15-16.

The forum was hosted by the SSA regional office in partnership with the United Federation of Denmark (3F). Trade union leaders from IndustriALL Global Union affiliates in Gabon, Ghana, Kenya, Malawi, Senegal, South Africa, Uganda, Zambia, and Zimbabwe agreed to use evidence-based strategies in their Just Transition plans. Labour research organizations also participated at the meeting.

To assist trade unions in formulating their strategies, the IndustriALL SSA regional office has commissioned research entitled: Mapping of green jobs, skills development, and the just energy transition which will look at the job creation potential in the renewable energy value chains and critical transition minerals with examples from South Africa. The research will be conducted by the Sam Tambani Research Institute (SATRI) – a research arm of IndustriALL affiliate, the National Union of Mineworkers (NUM).

Another research, which will be conducted by the Labour and Economic Development Research Institute of Zimbabwe (LEDRIZ), will focus on: Mapping the impact of investment flows in the labour and trade union rights in transitional minerals and renewable energy sectors in Zimbabwe. There will also be a research paper on the African Mining Vision (AMV) to analyze linkages between the AMV, critical transition minerals, and Just Transition.

Unions in the energy sector agreed to cooperate on how to engage on the privatization of state-owned power utilities as the processes were similar across countries as they involved unbundling of the entities into generation, transmission, and distribution units.

Rhoda Boateng, program coordinator for climate change at ITUC Africa, said the main recommendations for trade unions at the Conference of Parties of the United Nations Climate Change Conference (COP) were to:

“Actively mobilize at sectoral and national levels for enhanced climate action, and to engage policy makers on the integration of Just Transition plans.”

Bjorn Haar, 3F regional coordinator and representative said:

“The aim is to ensure that during the transition workers and communities do not suffer due to job losses or declining economic activity within their communities, and that inequalities and adverse impacts are addressed. As trade unions we are obligated to make sure that real social dialogue is going on and that we have a well-organized labour market, that includes the informal sector.”

Paule France Ndessomin, IndustriALL regional secretary for SSA said:

“This forum is part of continuous dialogue for unions on the Just Transition and business and human rights in the energy, mining, and manufacturing industries, that will be affected by the transition to low carbon renewable energy sources.”

“This forum is vital because companies must respect International Labour Organization fundamental rights at work and exercise due diligence across critical minerals supply chains. Further, unions must use collective bargaining as a key strategy to the transformative agenda,”

said Glen Mpufane, IndustriALL mining director.

The critical transition minerals found in SSA include copper, lithium, nickel, cobalt, bauxite, graphite, rare earth elements, manganese, chromium, molybdenum, zinc and silicon.

Tanzanian unions engage on the national action plan on business and human rights

The organizations discussed the demands during the youth and business and human rights workshop which was organized by the IndustriALL's Sub-Saharan Africa regional office in partnership with the Friedrich Ebert Stiftung (FES) Tanzania office.

Tanzania Mines, Energy, Construction and Allied Workers Union (TAMICO) and Tanzania Union of Industrial and Commercial Workers (TUICO), who are affiliated to IndustriALL, the Legal and Human Rights Centre, and Vibindo – an umbrella organization for informal sector associations, and trade union federations, the Trade Union Congress of Tanzania (TUCTA) and the Zanzibar Trade Union Congress engaged with the commission for human rights and good governance (CHRAGG) which is facilitating the NAP processes. They discussed how to make their submissions towards the NAP.

The unions, which organize workers in manufacturing, mining, commercial, and construction activities, want labour clauses to be included in the NAP to protect workers' rights. Other issues that should be promoted are conciliation and mediation, inclusion of women, youth and people with disabilities, and clauses that refer to the International Labour Organization's conventions such as Convention 190 to end violence and harassment in the world of work. Further, the NAP should promote gender equality, accountability of multinational companies including those from China, tax justice, and living wages.

Vibindo said they wanted the state to provide social protection, basic health insurance, accessible infrastructure and better trading areas for informal economy workers.

An online presentation by Maria Garcia Torrente, associate human rights officer, office of the United Nations high commissioner for human rights, highlighted how civil society organizations and trade unions can utilise special procedures.

Paternus Rwechungura, TAMICO general secretary said:

“The NAP process is an opportunity for trade unions to remind the government of its duty to protect workers by enforcing business compliance with labour laws.”

Economic policies also impacted on business and human rights. For example, investment banks and international institutions including the International Monetary Fund (IMF), African Development Bank, and European Development Bank should be part of the conversations on business and human rights in Tanzania because they sometimes contribute to states' disregard for human rights through conditionalities that discourage social spending.

Elizabeth Bollrich, FES director for Tanzania urged unions to “bring their chairs to business and human rights conversations” to amplify workers’ voices and improve accountability.

“NAPs on business and human rights are emerging strategies that can be used to demand fundamental rights at work and decent working conditions. They are a crucial step towards compliance to human rights due diligence laws. It is therefore critical for unions and civil society organizations to be involved in the NAP policy processes,”

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

Sub-Saharan countries that have developed the national action plans are Kenya, Nigeria, and Uganda. The national action plans are based on the United Nations guiding principles on business and human rights, and the African Union is developing a continental policy on business and human rights.

Workers confront sexual exploitation at Ugandan cardboard manufacturing factory

One such testimony was narrated by Mukyala Nambi* on 15 June. She works at Riley Packaging factory in Mukono – about 22 km from Kampala. The factory makes corrugated cardboard boxes for packaging. Nambi has worked at the factory for nine years. Riley Packaging employs over 600 workers, 120 of whom are women, and exports its products to Burundi, the Democratic Republic of Congo, and South Sudan.

Nambi recalls:

“It is knock-off time after our long working day which starts at 7 am and ends at 7 pm. I am preparing to go home when the production manager summons me to his office. The manager does not explain why he wants to meet me alone in his office after the factory had closed for the day. I am suspicious of his motives and refuse to meet him. The manager is furious. The next day he began sexually harassing me.
“The manager intimidated and verbally abused me. He yelled at me on the factory floor threatening me with dismissal unless I agreed to his advances.”

Without fear, Nambi, a shop steward at the factory, stood firm against the harassment and told the manager that workers had rights protected by the labour laws and Uganda’s constitution. Further, she started to conduct investigations on the manager’s behaviour and found out some cases of sexual abuse of young women workers especially those employed on short contracts who were promised permanent jobs.

The wages at the factory are low. Nambi earns 300,000 Uganda shillings (US$80) per month while contract workers are paid 200,000 shillings (US$53).

“Once I had gathered enough evidence, I immediately reported him to the director and the human resources department. The manager was dismissed after disciplinary action,”

said Nambi. Further, the manager was reported to the immigration department resulting in his deportation from Uganda back to India for violating the conditions of his work permit and forgery.

Nambi attributes her courage in confronting the perpetrator to the gender-based violence and harassment training that Ugandan workers from IndustriALL affiliated unions received from a project supported by the Danish Trade Union Development Agency (DTDA) and the IndustriALL Sub Saharan Africa regional office. She says the training empowered her to stand against sexual harassment at her workplace. The training covered topics on the implementation of International Labour Organization Convention 190 to end violence and harassment in the world of work that Uganda ratified in 2023. Other topics were on the inclusion of clauses to curb gender-based violence and harassment in collective bargaining agreements.

“We applaud Nambi for her bravery in confronting the perpetrator. One of the core issues in our GBVH training is an emphasis on strengthening reporting mechanisms and the development of the workplace policies that commit to ending sexual harassment. To achieve this, the affiliates in Uganda are working with the factory owners to have gender policies in place and we commend these efforts,”

says Paule France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa.

IndustriALL affiliates that benefited from the training included the Uganda Printers, Paper, Polyfibre and Allied Workers Union, Uganda Textile, Garment, Leather and Allied Workers Union and Uganda Hotels, Food, Tourism, Supermarket and Allied workers Union.

*Please note that the name has been changed to protect the person's privacy.

Lesotho: enhancing safety and inclusiveness at work

The project was launched by the International Labour Organization (ILO) on 20 June in Maseru and is supported by the governments of Lesotho, the United States of America, the ILO, and trade unions. Unions, including IndustriALL’s affiliate, the Independent Democratic Union of Lesotho (IDUL), labour support organizations, non-governmental organizations, the ministry of labour, the Solidarity Centre, and the United States’ embassy officials participated at the launch.

The project will support the implementation of the ILO Convention 190 to end GBVH in the world of work which Lesotho ratified in 2023. At industry level, the project will enhance the Lesotho agreement to curb gender-based violence and sexual exploitation in the textile and garment sector, which was reached by unions, non-governmental organizations, and Nien Hsing Textile Company in 2019. IDUL is a signatory and sits on the oversight committee on the implementation of the agreement.

“We hope the ILO project will build on the successes of the Lesotho Agreement which has served workers interests by reducing incidents of gender-based violence and sexual harassment at Nien Hsing factories. But we want the agreement to be extended to other factories and sectors as well,”

said May Rathakane, IDUL general secretary.

The multilateral partnership for organizing, worker empowerment and rights (M-POWER), which is co-chaired by the US government and the ITUC supports the project. The M-POWER steering committee includes the governments of Argentina, Canada, and Spain, the International Domestic Workers Federation, the Congress of South African Trade Unions (COSATU), and the AFL-CIO. Other partners include the South African government, the Business and Human Rights Resource Centre, Solidarity Centre, and the Workers’ Rights Consortium.

Rob Wayss, M-POWER executive director said:

“The launch of the ILO project provides a good follow up to the M-POWER summit held in July 2023 in Maseru. M-POWER was able to discuss with unions the impact and effectiveness of the Lesotho Agreement and how it has led to remedy several cases of violations and to improve the working environment at the covered factories. This led to progress in addressing GBVH violations in the factories.”

“GBVH continues to be prevalent in garment factories in Sub-Saharan Africa. We welcome this project because GBVH is also a safety issue for women workers who dominate the garment industry in Lesotho, and must be stopped,”

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

Sino-Uganda Mbale Industrial Park must comply with labour laws

During the meeting, the ministry of labour agreed to conduct an inspection on workers’ rights violations through questionnaires which the employers are required to respond to in 30 days. The employers also made a commitment to immediately provide personal protective equipment to workers. On their part, unions will develop recognition agreements and begin their engagement in social dialogue with employers in the Sino-Uganda Industrial Park.

Sino-Uganda Mbale which has more than 50 factories, employs thousands of workers in manufacturing sectors that include textiles, electronics, glass, and soap making. The unions recommended that the Uganda Investment Authority should make compliance with labour laws a condition for investing in the country.

The meeting, which included factory visits, took place between unions, ministers, government officials, members of parliament for workers, employers, and local authorities, and came after unions had petitioned the government over workers’ rights violations and decent work deficits. The violations highlighted in the petition in May included unfair dismissals, long working hours, and unpaid overtime. The unions wrote that most of the companies at Sino-Uganda Mbale promoted precarious working conditions, “with heavy casualization of labour which included piece rates, short contracts, low pay, and no appointment letters.”

On health and safety, the unions said the companies failed to provide personal protective equipment and adequate accident prevention measures. Gender-based violence and sexual harassment were common with women workers being denied maternity protection.

Sino-Uganda Mbale, located in East Uganda, is a joint China-Uganda project whose construction was done by the Tian Tang Group and is part of China’s “One Belt One Road” initiative.

Participating in the meeting were ministers of state financing and economic development, labour, industrial and productivity, and trade, industry, and cooperatives. Workers MPs, who are elected by trade unions as per Uganda’s Constitution also participated at the meeting.

Last month, IndustriALL Global Union affiliates, Uganda Textile, Garment, Leather and Allied Workers Union (UTGLAWU), Uganda Printers, Paper, Polyfibre and Allied Workers Union (UPPPAWU), Uganda Chemicals, Petroleum, and Allied Workers Union (UCPAWU), Uganda Hotels, Food, Tourism, Supermarkets, and Allied Workers Union (UHFTAWU) petitioned the government expressing concerns on violations of freedom of association and collective bargaining especially the workers’ right to form and join trade unions. The affiliates are also members of the federation, the National Union of Trade Unions (NOTU) which participated at the meeting. The union rights’ campaigns are supported by the Danish Trade Union Development Agency (DTDA), and the Norwegian Society of Graduate Technical and Scientific Professionals (TEKNA).

“Most of the employers are refusing to recognise unions, which is a constitutional right, thus denying workers the right to collective bargaining and decent work. This violates International Labour Conventions 87 (Freedom of Association and Protection of the Right to Organize) and 98 (Right to Organize and Collective Bargaining),”

said Hajj Twaha Sempebwa, chairperson of the IndustriALL national council for Uganda. He further added that this contradicts Uganda’s national action plan on business and human rights which states that employers must respect workers’ rights and promote decent work.

“Industrial parks should not be enclaves of workers exploitation that offend national and international labour standards. We are in solidarity with Ugandan trade unions on their calls for social dialogue to ensure compliance with labour standards to improve industrial relations,”

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

The fight for ratification of C190 must continue

Upon the Convention’s adoption, IndustriALL recognized the urgent need to campaign for its ratification due to the pervasive violence and harassment in the world of work. ILO C190 is the first international standard aimed at eradicating these issues, asserting everyone’s right to a work environment free from violence and harassment, including gender-based violence and harassment (GBVH). The Convention also addresses existing gaps in national legislation.

Global unions launched a toolkit to support the implementation of the ILO C190. This “train the trainer” toolkit equips thousands of unions worldwide with essential tools to promote collective bargaining as a key strategy to eliminate violence and harassment in the world of work.

In complement of this joint toolkit, IndustriALL developed a ready to use training module that the organization used to train about 300 trade union leaders, staff and officers in Asia, MENA, Latin America and Sub-Saharan Africa on how to prevent and address GBVH in the world of work and in their unions, through the implementation of the ILO C190.

Part of IndustriALL’s ILO C190 campaign involves collaborating with companies to address gender-based violence and harassment. In 2022, IndustriALL worked with H&M Group and the Swedish union IF Metall to develop robust methods for preventing, detecting, and handling GBVH in the supply chain. Efforts included raising awareness and equipping workers and management with the necessary tools, creating a platform to address and resolve issues through joint training sessions with local H&M Group production offices and trade unions. This initiative impacts approximately 1.5 million garment workers across over 1,500 H&M Group supplier factories. Recently, stakeholders reinforced their commitment by sharing experiences from the pilot implementation of GBVH guidelines in six supplier factories in Türkiye.

In November 2023, the IndustriALL executive committee endorsed a new policy on GBVH, misogyny, and sexism. This policy aims to foster a culture of dignity and respect within IndustriALL and its affiliates, emphasizing the eradication of GBVH, misogyny, and sexism. It includes educating members about these issues and aligning with the provisions of ILO C190. Clear procedures for addressing related complaints are also established, with leadership and staff set to receive training on policy implementation in the coming months.

IndustriALL affiliates have been diligently fighting for ILO C190 ratification over the past five years.

In Nigeria, sustained campaigns and social dialogue involving trade unions, civil society organizations, and labour support groups led to ratification in 2022. Despite widespread underreporting due to stigma and weak law enforcement, unions continue C190 awareness campaigns, particularly in male-dominated workplaces, to eliminate practices that perpetuate GBVH.

In the Philippines, after four years of campaigning, the Senate ratified C190, making it the 37th country to do so. The campaign involved extensive lobbying, including writing letters and meeting with government officials. Educational materials and position papers on C190 were developed, and the campaign was highlighted during significant labour events.

Argentina also achieved ratification through union efforts. Deputy Vanesa Siley, a spokesperson for the General Confederation of Labour (CGT’s) federal group of women trade unionists, highlighted the significant role of the inter-union network, comprising over 100 unions, in advocating for workplace violence elimination.

After being trained on C190 by IndustriALL, Indonesian women committee developed a zero tolerance policy. Indonesian unions held social dialogue meetings with employers, leading more than 80 companies to sign this zero-tolerance. These policies, covering all workers, include forming teams to handle complaints, ensuring victims’ rights to lodge complaints, and providing safety, privacy, and psychological support.

As a result of all these effrots unions have incorporated ILO C190 principles into bargaining agreements. For example, the Indonesian ministery of women empowerment and child protection inaugurated a safe house at PT Evoluzione Tyre (Pirelli group) in West Java in March 2024. The company and the IndustriALL-affiliated Chemical, Energy, and Mines Workers Union (CEMWU) signed a zero-tolerance policy on violence and harassment in 2021, a significant step towards C190 implementation despite its non-ratification.

“Since its adoption, 44 countries have ratified C190, demonstrating a growing global commitment to eliminating violence and harassment in the workplace. Our affiliates have done really good work in obtaining ratification. They have also taken actions to implement the ILO C190 in their workplaces, even without the ratification of the ILO instrument. The campaigns must continue to ensure safe and respectful work environments worldwide,”

says Armelle Seby IndustriALL gender director.

Breaking down barriers for women miners in Africa

This was one of the key threads running through discussions of the women in mining conference in Accra Ghana on 7 June. The conference theme was: Women in mining, changing perspectives and changing lives.

The panel discussions were on sustainable mining that considered environmental, labour, and community issues, and supporting women in leadership roles. Some of the key issues discussed included reversing the male domination of the mining industry through pushing for the women’s agenda on skills and capacity development. Further, mining policies should be inclusive of women to eliminate gender bias and improve access to training. Building knowledge, skills, expertise, and visibility for women miners were identified as pivotal by the delegates.

The conference emphasized that women miners should enjoy maternity protection as per national laws and International Labour Organization (ILO) Convention 138 on maternity protection. Daycare centres for children should also be introduced by mining companies at the mines.

Breaking down barriers that impeded women’s advancement in the mining industries was identified as crucial by the participants. These barriers include gender inequality, gender-based violence and harassment, the gender pay gap, gender biases, and the absence of work-life balance. These barriers have been well illustrated in the Intergovernmental Forum (IGF) report on women and the mine of the future that identifies, in 12 countries including Ghana, Zambia and South Africa, the main data gaps and challenges that need to be addressed to enable evidence-based policy-making and open opportunities for women to participate in the future of mining.

IndustriALL Global Union was represented by affiliates from Ghana, Lesotho, Namibia, South Africa, Zambia, and Zimbabwe. The conference was organized by Women in Mining Ghana (WiM Ghana) with support from various corporations. WiM Ghana, aims to improve and retain the employment of women in the mining industry and its supply chains including in artisanal and small-scale mining, has stakeholders that include trade unions, civil society organizations, and large and small-scale enterprises. WiM Ghana also supports the inclusion of women miners in the attainment of sustainable development goals to end poverty and promote gender equality as well as workers’ rights and decent working conditions.

Paule France Ndessomin, IndustriALL Sub-Saharan Africa regional secretary, who also participated at the conference said:

“The mining sector is technical and highly skilled, but that does not mean that women cannot thrive as mineworkers. Women must be allowed into the artificial intelligence space and be provided with equal opportunities. This can only happen when the labour market becomes gender sensitive through the removal of discrimination and harmful cultural and religious practices and stereotypes.”