Reflecting on labour and community gains at the Mining Indaba

Dialogues and conversations took place under the theme “Embracing the power of positive disruption: A bold new future for African mining.”

In the opening address South African President Cyril Ramaphosa said trade unions have achieved milestones against “the slave wages and appalling human rights and health and safety standards under apartheid.” The achievements included the rights to form trade unions and the protection of fundamental rights at work.

Reflecting on the Mining Indaba’s history, unions said there were some gains for labour and communities.

“As unions reflect on the gains of labour and communities, it is important to state that it was not a smooth journey. From the beginning, unions and communities fought hard for recognition through engagement with the conference organizers on the role that mineworkers, trade unions, and communities played in the mining industry,”

said Glen Mpufane, IndustriALL mining director.

As a result, the Mining Indaba programme now includes the participation of workers and communities to protect their rights and interests in the mining industry. For the last seven years, IndustriALL Global Union affiliates have been taking part in the deliberations at the Mining Indaba and the Alternative Mining Indaba (AMI), and this year the participants came from unions in Botswana, Lesotho, Namibia, South Africa, Zambia, and Zimbabwe.

Amongst the sessions IndustriALL participated in included a panel discussion on “Developing a fruitful and inclusive labour sector – policies, politics and possibilities” in which Kemal Ozkan, IndustriALL assistant general secretary, emphasized on inclusive labour policies that incorporated social dialogue. He said that “mineral resources must be used for the industrialization of the African continent and that a Just Transition must be done on the workers’ terms.”

Mpho Phakedi, the National Union of Mineworkers acting general secretary said:

”The trade union’s main roles and responsibilities are to protect workers’ interests, and those of communities where they live. These interests should be reflected in labour policies.”

Jens Dyring Christensen, ILO senior enterprise specialist, who was also on the panel, stressed on the importance of social dialogue as a policymaking instrument that unions can use.

Other sessions that the IndustriALL delegation participated in were on the just energy transition, the future of coal mining, disruptive strategies on mining and energy and the African Mining Vision, environmental, social and governance (ESG), business and human rights, and critical transition minerals.

Several sessions focused on responsible mining standards. At the roundtable discussion on the role of standards and third-party assurance systems in promoting ESG performance hosted by the Initiative for Responsible Mining Assurance (IRMA) it was reaffirmed that the IRMA Standard for Responsible Mining is a valuable tool which integrated ILO standards, OECD guidelines and human rights due diligence. This integration created a culture of industrial peace, accountability, and meaningful dialogue between workers, communities, and mining companies.

IndustriALL also participated at the AMI whose theme for 2024 was: “Energy transition minerals: Putting communities first for an inclusive feminist future.”

The AMI, which celebrated its 15th anniversary, was formed to provide a platform for mine affected communities and civil society organizations who felt excluded from the Mining Indaba and runs its parallel programmes during the Indaba week. Over the years IndustriALL affiliates have become an integral part of the AMI’s community and civil society dialogues and engaged civic alliances and coalitions on labour issues.

Amongst key issues discussed at this year’s AMI included increased calls for the beneficiation of Africa’s mineral resources, a Just Transition, inclusive approaches on ESG, human rights due diligence, and decent work. Also on the agenda were the formalization of artisanal and small-scale mining and the inclusion of women in mining activities through action against gender inequality.

Zambian unions campaign for revived production at Konkola Copper Mine

KCM, which has copper and cobalt mines at Nchanga, Konkola, Nkana, and Nampundwe, and a smelter, is 80 per cent owned by Indian multinational Vedanta Resources. The remaining 20 per cent is held by the state-owned Zambia Consolidated Copper Mines Investments Holdings.

After disputes over taxes and level of investments and the subsequent takeover of KCM from Vedanta Resources by the Zambian government in 2019, production at the mines plunged and the copper mine was put under liquidation. Vedanta took legal action through the arbitration court in London. However, negotiations began with the Zambian government leading to handing back control of KCM to Vedanta in September last year. Vedanta has since dropped the legal route and says it will invest over US$1 billion in KCM.

Speaking through a video conference at the Mining Indaba, Zambian President Hakainde Hichilema confirmed that the government is engaging with Vedanta on resolving legacy debts at KCM.

The Mineworkers Union of Zambia (MUZ), affiliated to IndustriALL, is campaigning for the resolving of a dispute over the payment of debts owed to contractors by KCM. The union says that if not resolved urgently, the dispute may lead to the closure of some mines.

MUZ, which welcomed the agreement between the Zambian government and Vedanta, calls for the immediate availability of the one-off payment promised to workers, which will be at least 20 per cent of their wages. In a reply to union demands, Vedanta says in a letter that it will implement the agreement.

Joseph Chewe, MUZ president says:

“Unions are concerned that the production levels remain low. The delays to return to full capacity are adversely affecting our members and the communities that rely on mining for livelihoods.”

IndustriALL mining director, Glen Mpufane, says:

"“We commend MUZ for standing for the rights of mineworkers at KCM, and for supporting dialogue between Vedanta and the Government of Zambia. Mineral resources are potential catalysts for socio-economic development. But this can only happen if mines like KCM are fully operational.”

Photo: Shutterstock

Deplorable working conditions at textile and garment factories in South Africa

These conditions included 12 long working hours with only 30 minutes lunch break. Occupational health and safety violations are common, with workers facing restrictions when going to the toilets and having lunch in areas with unsanitary conditions. Some chemicals used in the factories were unlabelled and handled without personal protective equipment and in some instances placed in front of fire equipment. Some fire escapes were blocked creating hazardous environments in case of fire.

Further, the factories paid wages that were below the minimum wages for the garment and textile industries. Some of the employers were paying R10 per hour (US$0.53) instead of the industry’s minimum wages as agreed upon in the National Bargaining Council for the Clothing Manufacturing Industry, made up of unions and employers. The rates in the collective bargaining agreement were above the national minimum wage which is R25.42 per hour (US$1.40).

IndustriALL's affiliate the Southern African Textile and Workers’ Union (SACTWU), said some of the non-complying factories were operating as unregistered cooperatives to evade national labour laws and collective bargaining agreements. For example, the factories were paying below the minimum wage that was agreed upon in collective agreements and instead paid paltry wages based on piece rates.

By using unregistered cooperatives, the factories were also violating the cooperatives’ laws and undermining union strategies to leverage wages on collective agreements. SACTWU has used the extension of collective agreements to non-parties – those factories not represented in bargaining councils – as a strategy to ensure that workers received living wages.

SACTWU’s provincial organizer for KwaZulu Natal, Patrick Mthembu, said:

“The union is recruiting and organizing the workers as one of the strategies to enable the declaration of labour disputes with some of the offending factories. It is difficult to declare a dispute if the workers are not members of the union as this is part of the legal requirements to take up issues for conciliation, mediation, and arbitration.”

SACTWU is organizing workers at the factories who include migrant workers.

“Factory owners must respect and allow workers to enjoy the rights at work in the textile and garment factories. South African trade unions, including SACTWU, have fought hard for the enactment of the national labour laws and for the ratification of international labour conventions on workers’ rights and collective bargaining and these gains must be protected through compliance,”

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

According to the Basic Conditions of Employment Act, inspections are carried out to investigate complaints and to ensure compliance on working hours, leave, contracts of employment and wages, prohibition of forced and child labour, variation of employment according to collective bargaining agreements and sectoral determinations and other working conditions. Further, the inspections are carried out to promote international labour standards and fundamental rights at work.

Garment workers in Mauritius to receive compensation from leading fashion brands

In 2022 and 2023, US-based organization Transparentem, that investigates workers’ rights, scrutinized conditions at five factories in Mauritius and interviewed 83 workers.

Transparentem found multiple signs of forced labour, defined as a form of modern slavery by the International Labour Organization. The report also found workers paying illegal recruitment fees for their jobs, and that workers were subjected to deception, intimidation and unsanitary living conditions including having no access to clean drinking water, and cockroach and bedbug infestations.

After commissioning their own audits of conditions at the factories, fashion brands including PVH and Barbour have said that they will reimburse workers at Real Garment, one of the factories named in the report, up to US$508,918 in illegal recruitment fees.

Migrant workers in Mauritius are deprived of justice. Once they are on the island, they often become the property of their employer who has the sole right to cancel their work permit and expel them with the support from the passport and immigration offices. No clearance is needed from any other authority before deporting a migrant worker.

IndustriALL affiliate Confédération des Travailleurs des Secteurs Publique et Privé (CTSP) has been supporting migrant workers in Mauritius for the last 25 years. The compensation is a major victory for the union and the workers, but there is still more to be done.

Migrant workers are employed in the export oriented industries which include the garment and textile and manufacturing sectors. However, the CTSP has campaigned for national legislation that include the Workers Rights Act to be used to protect migrant workers against wage discrimination, precarious work in short contracts, long working hours, and low pay, and limited access to social protection and other forms of discrimination.

Reeaz Chutto, CTSP president, says:

“Unfortunately, it is no secret that Mauritius, similar to other economies, has opted to leverage its competitiveness through the overexploitation of migrant workers. If a migrant worker dares to denounce their employer for ill treatment or abuse they are deported overnight. Either you adapt or perish. However, the success behind this victory lies in the naming and shaming campaign that the CTSP launched at global level and we also exposed the exploitation in interviews with eTransparentem.”

“We applaud the positive news that workers will be compensated for the exploitation and commend the CTSP for their relentless campaign for migrant workers' rights in Mauritius,”

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

In 2022, the Migrant Resource Center in Mauritius, which is located at the CTSP offices, launched the Just Good Work Mauritius app, in collaboration with IndustriALL, Anti Slavery International and online clothing brand ASOS. Migrant workers are informed about their rights and can report cases of abuse. The information is accessible in Bangladeshi, English and Malagasy. The union also organizes regular events to help migrant workers to integrate into Mauritian life.

Photograph: Shutterstock

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