Ghana mineworkers vow to continue fighting for better working conditions

Amongst its achievements the union lists the dollar indexing agenda which led to minimum wages in the mines being at least US $500 and the signing of collective bargaining agreements that gave benefits to the workers that included allowances and incentives.

“The enviable working conditions are making working in the mines in Ghana a hot cake today,” said the union.

The achievements underpinned the union’s resolutions at the 13th Quadrennial Delegates Conference held in Obuasi, about 273 km from Accra, 12-14 December, which was attended by over 200 delegates, under the theme: “Building trade union resilience in a rapidly changing world of work: Strategies for 2024 and beyond.” The resolutions included promoting the use of digital tools by union members including mobile apps, online meetings, webinars, forums, and social media. Further, the union said it will implement an education programme on workers’ rights as enshrined in the Labour Act (2003) and international labour standards as strategies to counter workers’ rights violations and promote health and safety. 

The union also announced that it will engage in efforts to improve social security, pension schemes, and rejuvenate the union through recruitment of young workers and women. The union argued that these approaches will help curb the declining membership and promote sustainable mining that protects the environment and community interests and creates green jobs. The union called for the effective regulation of artisanal and small-scale mining.

“Despite the significant transformation in the world of work being fraught with challenges, the hopes and aspirations of workers and their unions for decent employment and fulfilling lives remain unwavering. The pursuit of fair wages and improved working conditions in this four-year period shall continue unabated. GMWU remains committed to advocating for social and economic justice, striving to enhance the working, and living conditions of its members and their families, and transforming society for the general good of all stakeholders,”

said Abdul-Moomin Gbana, who was re-elected general secretary. 

In what can be described as a major achievement for the Sub-Saharan Africa (SSA) youth programme, for the first time in the history of the 79-year-old GMWU, Agnes Ama Agamasu, became the first ever young woman to be elected as second vice chairperson. She is also the current vice chairperson of the SSA regional youth committee. 

Paule France Ndessomin, IndustriALL regional secretary for SSA who attended the conference said: 

“I would like to congratulate the GMWU for successfully hosting the quadrennial conference, discussing pertinent worker issues that included campaigns against precarious working conditions and other non-standard forms of work, and electing a new leadership for the next four years. It is a milestone that we also have a young woman as a member of the union executive. Additionally, it is important to emphasize that participatory democracy is a cornerstone that makes trade unions collective organizations of the workers.”

Malawi energy utility suspends 14 striking workers over wage dispute

ESCOM offered a 10 per cent increase but workers said they wanted a 44 per cent increase to protect the value of their wages against the increasing cost of living after the devaluation of the Malawian Kwacha by the country’s reserve bank.

The Kwacha was devalued by 44 per cent in November and retailers of imported goods passed on the cost to the consumers thus making goods more expensive. Malawi imports food, medicine and pharmaceuticals, petroleum oils and fuels that it uses for electricity generation and transportation, fertilizer for the agricultural sector, among other imports.

State-owned enterprise ESCOM, which falls under the government of Malawi’s ministry of labour and vocational training, suspended ESCOM Staff Union (ESU) leaders and workers after the industrial action. 14 ESU members were suspended. Out of over 2400 workers at ESCOM, 2040 are members of ESU.

IndustriALL general secretary, Atle Høie, says:

“I am urging ESCOM to promptly revoke the suspensions and to stop violating workers’ rights to freedom of association. Further, it is important to reiterate that Malawi has ratified core labour standards of the International Labour Organization, specifically Convention 87 (Freedom of Association and Protection of the Right to Organize) and Convention 98 (Right to Organize and Collective Bargaining), which are enshrined in Malawi’s Labour Relations Act. IndustriALL calls upon ESCOM to consult with ESU to address the impasse, and promote industrial harmony rather than retribution.”

Malawi’s economy is based mainly on agriculture, retail, and construction while manufacturing sectors have declined. However, the energy sector is seen as one of the industrial sectors that has potential to create jobs and contribute towards economic growth especially through investments in hydroelectricity, solar, and other forms of renewable energy. Reliance on hydroelectricity, which constitute 57 per cent of the country’s energy mix, makes the country’s energy generation vulnerable to climate change especially during droughts.

IndustriALL affiliated unions in Malawi are organizing workers in manufacturing sectors that include the chemical, mining, and textile, garment, shoe, and leather industries.
 
 

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.”

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
 
 

Unions at ArcelorMittal demand that company puts workers first

The meeting took place in the aftermath of a horrific incident at the Kostenko coal mine in Kazakhstan, where 46 workers lost their lives in a devastating blaze. This is not an isolated incident and reflects a broader trend of neglect and underinvestment in Occupational Health and Safety (OHS) standards by ArcelorMittal.

Unions stressed the need to be included in the current independent investigation commission, in Kazakstan, into these deaths.

Over the last ten years 307 workers have lost their lives at ArcelorMittal operations across the world, the highest numbers in Kazakhstan, Ukraine and South Africa.

The company’s finance driven approach which often takes priority over workers’ health and safety was highlighted. This prioritization alongside a glaring deficit in OHS investment and commitment consistently exposes workers to excessive risks. 

Ukrainian unions expressed their frustration about ArcelorMittal’s refusal to extend the collective agreements, stating that this was a form of collective agreement blackmail.

Unions from Mexico, Canada, Brazil, the Czech Republic, and South Africa raised concerns over the company’s lack of desire for social dialogue and union consultation which puts a strain on relationships. Brazilian and South African unions emphasized workers’ exposure to dangerous working conditions and extreme heat. 

There are strong calls for ArcelorMittal to prioritize workers’ health and safety over financial objectives. Unions said that there is an urgent need for substantial investments in safety infrastructure and effective social dialogue. 

Christina Olivier, IndustriALL assistant general secretary says:

“The recent meeting revealed the stark realities and challenges that workers face at ArcelorMittal. As a global union, we stand united and resolute in our demand for immediate and substantial change.

ArcelorMittal must take our demands seriously and respond positively to our calls for enhanced safety measures, genuine investment in worker welfare, and meaningful engagement with unions. If the company continues to sideline these critical issues, they should be prepared to face a strong, coordinated global response.

We will not shy away from taking assertive actions to ensure that the safety and rights of every worker are upheld. Now is the time for ArcelorMittal to step up and demonstrate a real commitment to its workforce.”

IndustriALL plans to meet with ArcelorMittal management to discuss enhanced safety measures and union engagement, as well as a possible global safety awareness campaign and continued dialogue among unions to strategize and coordinate future actions. 
 
The meeting included 80 participants from 37 trade unions from countries such as Argentina, Brazil, Belgium, France, Italy, Spain, Poland, Ukraine, Kazakhstan, Fiji, Canada, Suriname, Liberia, Zambia, South Africa, Mexico, Morocco, and Luxembourg.

Photo: Shutterstock
 

Unions protest police brutality against trade unionists in Nigeria

Nigeria’s National Human Rights Commission said the attack violated citizens' and trade union rights to freedom of expression.

On 14 November, Nigerian unions went on an indefinite strike to protest the attack on trade union leaders which they described as a threat to freedom of association and trade union rights. However, NLC and the Trade Union Congress Nigeria, suspended the strike the following day after meeting with the national security adviser.

“After the federal government had met our crucial demands to address the distressing abduction and brutalization of the president of the NLC, comrade Joe Ajaero and others, some of the perpetrators have been arrested, and we were given high assurances that all others will be fished out and prosecuted,”

said the unions.

“We reaffirm that workers under the Nigerian Constitution, African Charter on Human and Peoples’ Rights, and International Labour Organization conventions particularly Conventions 87 and 98 on the right to freedom of association and collective bargaining, have the right to organize and engage in collective bargaining and social dialogue. It is therefore strange that Governor of Imo State, Hope Uzodimma, will repudiate a 2021 agreement on salaries and pensions,”

said John Adaji, Sub Saharan Africa regional co-chair and president of the National Union of Textile Garment & Tailoring Workers of Nigeria.

“IndustriALL denounces the serious threats to freedom of association, human rights, and trade union rights caused by these physical attacks. It is unacceptable that state authorities are resorting to violence and intimidation instead of engaging in social dialogue to address the legitimate workers concerns that include demands for living wages. These demands have been caused by high inflation and the increasing cost of living following the Federal Government of Nigeria’s introduction of harsh economic policies that are anti-worker and exposing vulnerable communities to poverty,”

said Atle Høie, IndustriALL general secretary.

Photo: Nigerian flag, jbdodane, Flickr
 

Trade unions strategize pathways for human rights due diligence in Africa

The 60 participants from 24 countries included delegates from the Central Organization of Trade Unions – Kenya (COTU-K), Friedrich Ebert Stiftung (FES) Kenya, IG Metall, IG BCE, Initiative for Responsible Mining Assurance (IRMA), Trade Union Advisory Committee (TUAC) to the Organization for Economic Cooperation and Development (OECD), the Southern Africa Resource Watch, and the Zimbabwe Environmental Law Association. Trade union support organizations represented were ACV-CSC Belgium, 3F, the International Lawyers Assisting Workers, SASK, the Swedish Workplace Programme, and Union to Union.
 
The conference deliberated on multi-layered issues regarding human rights due diligence and critical minerals supply chains in the global south. The findings of a research paper on the Just Transition in the Democratic Republic of the Congo, South Africa, Zambia, and Zimbabwe by Tom MacNamara, La Trobe University, Australia which was commissioned by the SSA regional office, was also a focal point.
 
Participants indicated that Chinese companies are violating labour laws in several African countries like the DRC, Ghana, Uganda, Zambia, and Zimbabwe. In response to the concerns, a presentation from TUAC said that one of the ways to ensure that Chinese multinational companies comply with human rights due diligence is to use the OECD guidelines because China participates in OECD activities as an observer. 
 
The presentation on IRMA emphasized that the standard requires mine sites to adopt a comprehensive approach to identify, assess, account for, and address potential human rights impacts associated with their operations.
 
The conference also discussed how the German Supply Chain Due Diligence Act will positively influence the enactment of binding human rights due diligence laws in Africa. For example, Kenya, Uganda, and Nigeria have already developed national action plans on human rights due diligence. Discussions on gender dimensions of human rights due diligence included ending discrimination, violence, and harassment in the world of work.
 
This conference was part of IndustriALL Sub-Saharan Africa’s weeklong meetings which began with a regional youth meeting on 16 October, a women’s meeting on 17 October, and a regional executive meeting on 18 October which focused on Just Transition and critical transition minerals. 

Speaking at the regional executive meeting, Francis Atwoli, COTU-K secretary general said, 

“trade unions must be vigilant and militant in defending workers’ rights and interests.” 

 
Rose Omamo, IndustriALL vice president, and secretary general of the Amalgamated Union of Kenya Metal Workers said: 
 

“At the African Business and Human Rights Forum in Ethiopia, in September, IndustriALL SSA made demands for the inclusion of trade unions in the African Union processes through social dialogue, and for labour clauses to be integrated especially in the draft policy on business and human rights and the African Continental Free Trade Agreement protocols. We hope the AU will respond favourably to these demands.” 

 
IndustriALL assistant general secretary Kemal Özkan said: 

“As trade unions we cannot outsource our struggle for demanding the respect for workers’ rights and living wages to others, but must continue fighting the employers and governments to respect these rights. Unions must continue to demand binding legal instruments to protect workers from rights violations by multinational corporations and support campaigns for a binding UN treaty on business and human rights.” 

Mining unions prioritize building power along critical minerals supply chains

Bringing together trade union representatives from around 30 countries, the last meeting reached a common understanding that the mining of critical transition minerals (CTM) and critical raw materials (CRM), including cobalt, copper, lithium, nickel, and rare earth elements used in clean energy technologies for the manufacturing of batteries, identifies responsibility for trade unions to organize the workers in the newly emerged sectors along the supply chains.

As there is increasing demand for the materials for the energy transition, more investments are being done with more employment. In the meantime, in another segment of the mining industry, the coal industry is in the process of phase-out/down with millions of jobs expected to be lost by 2050, according to different sources.  
 
Participants stressed that these changes have had implications on workers’ and unions’ demand for a Just Transition for workers in the process to renewable energy. Unions want a Just Transition with the decent work concept of the International Labour Organization around job creation, fundamental rights at work, social protection, and social dialogue with a strong gender dimension, particularly around the ILO Convention 190 to end violence and harassment in the world of work.

On health and safety, over 200 workers continue to die per annum in mine accidents in Pakistan which is one of the countries that have not ratified ILO Convention 176 on safety and health in the mines. IndustriALL’s campaign, together with its affiliates, actively continues.
 
Environmental, social and governance (ESG) performances of the mining companies, according to the participants, must include the protection of community interests over a sustainable development approach. Human rights due diligence, as defined in the UN Guiding Principles on business and human rights, was also highlighted as important to CTM/CRM in securing fundamental workers’ rights, particularly freedom of association and the right to collective bargaining.

Furthermore, the global meetings discussed the convergence and interconnectedness of different industrial sectors through CTM/CRM value chains. Participants reported these convergences provide opportunities for the mining sector, particularly increasing union density. But there are possible risks for trade unions that come from job losses and violations of workers’ rights. Cases of violations by BHP, Cerrejon, Glencore, Prodeco, Rio Tinto, Vale, and Chinese multinational companies in Bolivia, Brazil, Colombia, the Democratic Republic of the Congo (DRC), and Madagascar were cited.
 
The critical minerals agreement on battery manufacturing between the DRC and Zambia was mentioned as an example of where unions from the two countries could cooperate in organizing mineworkers. A study on transition minerals in the DRC, South Africa, Zambia, and Zimbabwe, identified the job creation potential in CTM/CRM.

The women in mining meeting on 24 October concluded that women in mining were underrepresented, poorly paid, faced discrimination, and were less likely to receive on the job training. There is a gender pay gap. The meeting recommended better working conditions, decent and quality jobs for women miners, an end to rampant sexual harassment, and the ratification and integration of ILO Convention 190 into national labour laws and workplace policies.

The coal mining unions global network meeting on 25 October whose theme was – climate change and the future of coal – urged coalminers through their trade unions to demand social dialogue and multistakeholder consultations to protect their interests during discussions to close coal mines. Additionally, climate financing by the World Bank and other international financial institutions must include social dialogue. The meeting heard about the preparations for COP28 and how unions will push for a Just Transition that protected labour interests.
 
Ben Davis from United Steelworkers of North America reported that laws were sometimes ineffective in addressing health and safety violations, wage discrimination, and subcontracting issues in CRM mining globally. However, in reference to the US, he said labour clauses in trade agreements were an effective tool. For example, the “rapid response labour mechanism” in the United States-Mexico-Canada Agreement enabled workers to file complaints leading to potential trade sanctions when freedom of association and collective bargaining were violated. The mechanism also led to improved wages and working conditions.

“Affiliates in the mining sector need a CTM/CRM action plan with organizing and campaign strategies. This plan must include human rights due diligence and the promotion of social and environmental justice. Inclusive of women and young workers, the plan must be a strategy to build union power along the supply chain,”

said Lucineide Varjao Soares, IndustriALL sector co-chair.  
 
Dominic Lemieux, also sector co-chair emphasized:

“IndustriALL must review strategies and support members and communities on decarbonization challenges. Mining companies must include workers and communities in their decarbonization plans through social dialogue.”

Glen Mpufane, IndustriALL director for mining said:

“Focusing on national mining policy is important as CRM access is a major battlefield in the Global South. The challenge is how to achieve technology transfer and value addition in the supply chain for mineral processing as key to maximising benefits from mining for the developing countries. In Europe, there is need for a coordinated response to EU-level policies that include the Battery Alliance, EIT Raw Material Alliance, and EU level campaigning. Standard setting and labour-specific guidelines across the supply chain that links consumption to production are key demands for unions.”

Workshop strategizes a gender responsive Just transition for Sub-Saharan Africa

The main issues were on what sustainable Just Transition models that are beneficial to working women can be implemented by Sub-Saharan African countries, and what role should be played by trade unions.

Key discussions were on how trade unions can build awareness on the gender dimensions of the Just Transition, and the adverse impact of climate change and development on women. The workshop deliberated on skills that were needed in future industries including the renewable energy sector. Further, strategies were discussed on trade union engagement with policymakers on the Just Transition through social dialogue. However, the issues that remained crucial for women included gender-based violence, sexual exploitation and harassment, discrimination and exploitation, weak legal protection, limited access to justice, and precarious working conditions on which the workshop concurred that countries should develop strategies on.
 
The workshop focused on climate change and the future of work, the opportunities that exist for women, and how women were experiencing the changing workplaces. The participants discussed that a Just Transition should include issues that have been raised by working women including closing the gender pay gap, gender inequality, stopping gender discrimination, providing job security to women through permanent work, providing childcare facilities, and maternity protection. Unpaid care work continued to keep women from seeking wage employment.
 

“Working women should rise, come together, and let their voices be heard. It is important to prioritize addressing women’s challenges, ensuring gender equality in the Just Transition through policy interventions at national level,”

said Christian Ranji, chairperson of the SSA interim women’s committee. 
 

“Women in Sub-Saharan Africa are fighting patriarchy, discrimination, and exclusion, and are vulnerable to climate change. It is for these reasons that a Just Transition framework that we will support in Africa will be that which includes the International Labour Organization fundamental rights at work, the decent work agenda, and International Labour Organization Convention 190 on the eliminating of violence and harassment in the world of work,”

said Rose Omamo, IndustriALL Vice President.