Union wins against ArcelorMittal's attempt to stifle right to strike

According to the Labour Relations Act, essential service workers may not take part in strike action. Although the right to strike is protected by the South African constitution, there are limitations when it comes to essential service workers. For example, if essential workers go on strike, the strike will be unprotected, and they may face dismissals.

For an industry to be declared as essential services an application must be made and approved by the ESC. In this case, AMSA made the application hoping to delay the strikes for six days to allow the company to shut down its two blast furnaces.

However, NUMSA argued that this was an attempt to delay strikes and extend the 48-hour notice that is required by law before a strike commences.

NUMSA, affiliated to IndustriALL Global Union, provided strong arguments to the ESC. The metalworkers’ union argued that

“the only way the strike notice period can be changed is through the conclusion of a collective agreement between the parties, or by legislative amendment, because the Labour Relations Act does not confer on the ESC the power to perform these functions. Additionally, there is no causal link between the interruption of coke batteries and an imminent danger to life, safety, or health of the whole or part of the population.”

The ESC found that although there are safety risks in the operations of blast furnaces and coke batteries if not shut down in a controlled and well managed manner, the risks are not sufficient to infringe on workers’ rights. The ESC concurred with NUMSA when it concluded that

“there is no basis to limit the right of the employees to strike by designating the service as essential.”

“This is a victory for workers’ and their families because they can exercise the right to strike freely, as part of their negotiating power. AMSA management was defeated in their attempts to limit the right to strike. We call upon workers at AMSA to join NUMSA because we will always fight to defend their interests and would like to thank our officials who worked tirelessly to ensure that we have a positive outcome,”

says Kabelo Ramokhathali, NUMSA regional secretary for Sedibeng.

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

“AMSA should resolve its grievances with workers instead of looking for devious ways to limit workers’ rights. The company must improve working conditions by ending precarious working conditions through permanent contracts, adopting better health and safety standards, and paying living wages.”

AMSA, listed on the Johannesburg Stock Exchange, is the largest supplier of flat steel in Sub Saharan Africa. The steel is manufactured from iron ore, coke, and dolomite.

Stand with imprisoned trade unionists on Human Rights Day

10 December is Human Rights Day, commemorating the adoption of UN’s Universal Declaration of Human Rights. This Human Rights Day, we remind the world that workers’ rights are human rights and renew our call for all imprisoned trade union activists to be released.

Legal persecution, up to and including arrest and imprisonment, is a widespread concern for union activists in many countries. Trade unionists are frontline defenders of democracy. Because they are organized and rooted in workplaces and working class communities, they are often the first to resist when democracy is under attack – and the first to be persecuted.

Today, oppressive governments and exploitative employers work together to suppress unions, and activists are charged with terrorism, sedition, being foreign agents, illegal assembly, creating unrest, or destroying company property and undermining commercial operations.

The problem is particularly acute in some countries: In Myanmar, trade unions have been outlawed and more than 60 trade unionists are in jail on trumped up charges since the violent military coup in February 2021.

“We demand the immediate dismissal of the trumped-up charges filed against all jailed democracy activists, strong assurances that their health and safety inside the prisons are secured, and their swift and safe return to their loved ones.”

Global union statement, October 2022

Free and independent unions in Belarus have been effectively disbanded by the country’s Supreme Court. 16 union leaders and activists have been arrested, some are awaiting trial, with some sentenced to restriction of freedom, and at least three sentenced to prison terms for warning strikes and defamation of the President. Unions have also had their assets and membership data confiscated.

In November, IndustriALL’s Executive Committee adopted a resolution, condemning the dissolution of the independent trade unions, demanding the immediate release of all trade unionists in Belarus.

In Madagascar, a trade unionist is in jail for putting the spotlight on violations against workers in the factory where he worked.

In Iran, a country currently in the throes of pro-democracy protests, workers attempting to form free and independent trade unions frequently find themselves in prison.

The arrest and imprisonment of trade union activists is also a regular feature of industrial relations in Turkey, Egypt, Colombia and many other countries.

Government oppression creates a climate which leads to other crimes, including murder. In the Philippines, where workers face arrest for participating in strike action, the government and others “red tag” trade unionists, labelling them as terrorists and making them targets of attacks, leading to the murder of several trade unionists.

Unfortunately, the list of persecuted trade unionists is too long, as highlighted in the ITUC annual Global Rights Index on violations of workers’ rights, with the latest index showing violations at an all-time high.

What we do know, however, is that international solidarity campaigns to free imprisoned trade unionists do work. In 2017, for instance, 35 Bangladeshi trade unionists were imprisoned as part of a government crackdown – encouraged by local business owners – against union organizing. By putting pressure on the government, as well as brands sourcing from the country, a global campaign succeeded in freeing all the imprisoned trade unionists.

Says IndustriALL general secretary Atle Høie:

“We need to stand with our imprisoned brothers and sisters, and keep up the pressure – both on oppressive governments, and on multinational corporations sourcing from countries where workers’ rights are violated. We need to ensure that human rights due diligence includes workers’ rights, and that companies are held accountable for abuses in their supply chains.”

Madagascar garment workers formulate strategies to confront gender-based violence and harassment

For example, workers at Marine et Moi formed a committee to fight GBVH at their factory in Antananarivo. Speaking at a training workshop attended by 30 participants, 22 women and eight men, from IndustriALL affiliates SEKRIMA, SEMPIZOF, and SVS, from 7-8 November, which focused on sexual harassment and how to reduce the risk factors, the workers said the committee met and discussed an action plan. The workshop follows on a GBVH workshop held in July.

Participants said they were engaging their enterprise committees on GBVH and carrying out awareness campaigns to sensitize workers on fundamental rights at work. GBVH is also included in union recruitment and organizing activities. The workers also identified social dialogue as another platform that is useful to the campaign, and for the ratification of Convention 190 by Madagascar. The workers said the campaigns should include the workers’ rights to maternity protection, health and safety at work, and social protection.

The workers identified gender discrimination as stressful to women workers in the factories and made a commitment to confront it through their union activities and campaigns. The workers also said decent wages are key to addressing GBVH as low wages and precarious working conditions increase vulnerability of women.

In the many testimonies that were shared in the workshop, the workers said GBVH took many forms from demanding sex to extortion. Financial forms, especially bribes for women to keep their jobs, deprived the workers of their hard-earned wages. In some instances, women paid monthly bribes of up to 20 per cent of their wages.

At the factories, some women workers said they shared toilets with men, which violated their privacy. Further, some changing rooms used by both male and female workers were in open spaces next to offices and had no privacy. Sometimes supervisors stopped women workers from going to the toilet by yelling through the public address system in the factory that they must go back to their workstation.

Harmful cultural practices that discriminated against women, domestic violence, and a justice system that did not give stiffer sentences to perpetrators, increased the risk to GBVH.

There were deeper discussions on what is sexual harassment and its different forms in the world of work. Discussions included social practices that privileged men while oppressing women.

Holitiana Randrianarimanana, a gender expert, who facilitated at the workshop said:

“It is important for unions to work with non-governmental organizations and civil society organizations on ending GBVH in Madagascar.”

Remi Botoudi, the chairperson of the national council for IndustriALL affiliates in Madagascar said:

“Unions must continue to campaign for social dialogue on GBVH and educate members on the issue.”

Armelle Seby, IndustriALL director for gender said:

“As trade unions, we must break the cycle of GBVH because it happens on a continuum and is caused by unequal power relations between men and women. Gender inequality is worsened by patriarchy, harmful social and cultural norms, and discrimination. We must address these root causes, carry out risk management, and stop the abuse of power. Additionally, we must find ways to deal with reprisals that women face when they resist GBVH that include dismissals and other forms of harassment.”

Photo credit: ILO, garment factory in Antananarivo

Court rules that Zheng Yong Swaziland must deduct and remit union dues

It seems that Zheng Yong took this step as retaliation after workers went on strike to demand living wages. But ATUSWA, affiliated to IndustriALL Global Union, took the employer to the Industrial Court, which ruled on 31 October in the union’s favour.

The court heard that since May, Zheng Yong has not been deducting union dues from the workers and remitting them to the union as required by the Industrial Relations Act. By so doing, the employer was denying the workers, their freedom of association, and the union was being unfairly deprived of the much-needed revenue. Workers were even puzzled why the deductions had stopped when they were still members of ATUSWA.

The court stated in the judgment that by not paying the dues to the union the employer was resorting to unlawful “self-help” which violated the Industrial Relations Act which states that the employer has an obligation to deduct the dues from union members and to pay them to the union without delay.

Zheng Yong, which is cited as 1st respondent “is interdicted and restrained from unilaterally deciding to stop remitting monthly subscriptions to the Applicant as and when it wants to” reads the judgment in which ATUSWA is the Applicant.

Wander Mkhonza, ATUSWA secretary general says:

“After Zheng Yong unilaterally decided to stop deducting and remitting union dues, ATUSWA took the employer to court. Further, we engaged the membership of the union on the action we were taking and prepared them for likely outcomes."

"Fortunately, we ended up winning the matter in court and the employer has been ordered to pay even the subscription arrears.”

He commended the unity that the workers showed during the court case as they showed up in large numbers during the hearings. This took place amid intimidation and violence from the police, with support from the employers, who teargassed the striking workers.

Paule France Ndessomin, IndustriALL regional secretary says:

“This is a welcome ruling because it strengthens the struggle of the workers in Eswatini for living wages and for the respect of their rights to freedom of association and collective bargaining. Employers must engage with unions and the government to promote social dialogue and to build an industrial relations system that benefits workers.”

After the strike in May, over 300 workers were dismissed at Zheng Yong, FTM Garments, and Ho’s Enterprises. For instance, at Ho’s Enterprises, the union lodged a dispute over the unfair dismissals which led to most workers remaining at work after the company reversed the dismissals.

Unions welcome revival of IndustriALL’s campaign against Glencore

The union network meeting was held against the backdrop of cobalt’s role in the low carbon energy transition and the DRC’s strategic role in the battery supply chain.

Participants observed the difference in Glencore South Africa operations in comparison to its behaviour in the DRC, mentioning industrial relations, stakeholder engagement, tripartite dialogue, the advancement of women employment and just transition.

Conditions of mineworkers at Glencore’s operations, including surrounding communities and the environment, do not reflect the value attached to the minerals that workers produce ; for example the commodities boom, as reflected in Glencore’s balance profits.

The findings of The Road to Ruin? – Electric vehicles and workers’ rights abuses DRC’s industrial cobalt mines by corporate watchdog Rights and Accountability in Development (RAID) and Centre d’Aide Juridico-Judiciaire (CAJJ), a Congolese legal aid centre specializing in labour rights, mirror IndustriALL’s report after a mission to the DRC in 2018.

“It is unacceptable that large scale mining is involved, with almost impunity, in these large scale abuses of mineworkers’ rights. The situation has not improved since IndustriALL’s mission in 2018. There is still no local dialogue with management, even global dialogue, although not institutionalized with IndustriALL, continues unsystematically, ”

says Glen Mpufane, IndustriALL mining director.

According to the workers, Glencore has ignored concerns about the need for accountability and transparency raised at their national network meeting in June 2021.

Workers said that “it is not easy to be in contact with Glencore unless it is a legislative requirement or a collective bargaining agreement requirement. There has been no dialogue since 2021 with Glencore, except for collective bargaining negotiations”.

“Due diligence in the supply chain requires stakeholder consultation. It is a travesty that trade unions, the most organized formation of civil society, are not consulted in ensuring due diligence in the production of the minerals in the DRC, critical for the low carbon energy transition”

says Glen Mpufane.

In March 2018, IndustriALL issued a warning to the auto sector to ensure the respect of workers’ rights in the DRC.
Union leaders voiced their anger at Glencore’s absence of a strategy to address the gender employment gap and to advance the meaningful employment of women, to reduce reliance on expats at high-level job categories, and to implement a skills transition programme.

The meeting was supported by German FES. Affiliates expressed appreciation to IndustriALL and the local FES office for continued support and solidarity, and for the implementation of the project on Decent work in battery supply chains: Steps towards responsible cobalt mining in the DRC.

Nigeria ratifies Convention 190 after sustained union campaigns

On 30 September, the Federal Government of Nigeria announced that President Muhammadu Buhari had signed the instruments of ratification, and that the government is committed to strengthening laws to curb gender-based violence and harassment (GBVH) at work.

A report by the Nigeria Labour Congress (NLC), to which some IndustriALL Global Union affiliates belong, and the Solidarity Centre, stated that GBVH happens at most workplaces and is underreported because of stigma and other social norms. It is worsened by poor enforcement of laws and weak implementation of workplace policies.

According to the report, this creates an environment where discriminatory gender norms are entrenched as evidenced by groping and sexual harassment by supervisors, which is common at workplaces – often making women workers dread going to work.

“We have been campaigning for the ratification of Convention 190 at meetings and events. Our main message has been that if the country is committed to ending GBVH, the Federal Government of Nigeria must ratify the convention,”

says Oluchi Amaogu, secretary of the Sub-Saharan Africa region’s interim women’s committee from the National Union of Petroleum & Natural Gas Workers.

The unions say that the ratification of C190 will strengthen the development of workplace policies to address gender discrimination, gender inequality, improve reporting mechanisms and confidentiality, and make perpetrators accountable and be prosecuted under appropriate laws.

Unions want remedies to be provided to survivors of GBVH, and power imbalances and GBVH risk factors that include unsafe public transport when commuting to work to be dealt with. This will make workplaces safer for formal, informal, and precarious workers. Unions will carry out C190 awareness campaigns, especially in male dominated workplaces, to discuss the ending of practices that perpetuate GBVH at work.

Armelle Seby, IndustriALL gender director, underlines the importance of the Convention as a tool in stopping GBVH:

“The ratification of C190 is an important step for Nigeria, but the implementation of the convention and Recommendation 206 is crucial to making workplaces safer for women. This means coming up with initiatives to build the capacity of unions on gender equality, and preventing and addressing GBVH through actions and campaigns.”

The other African countries that have ratified the convention are the Central Africa Republic, Mauritius, Namibia, Somalia, and South Africa.

Tunis declaration calls for inclusion of labour provisions in the African Continental Free Trade Area agreement

The declaration was made at the ITUC-Africa Trade Union Continental Forum on the AfCFTA which was held under the theme: Ensuring decent work in the framework of the AfCFTA implementation – towards the inclusion of the positions of the trade unions in the AfCFTA processes.

According to the declaration a

“space for social dialogue must be created at the national, regional and continental level for African citizens, and their socio-economic groupings — that is workers including those of the informal economy, farmers, traders, producers, enterprises, civil society, private sector – to participate effectively in a democratic and transparent process and ensure the reflection of their concerns and views in the negotiations.”

Further, the unions want information on the AfCFTA processes to be made available to workers “in a timely and accessible manner.” They argue that this is necessary to enable effective participation.

Noureddine Taboubi, Générale des Tunisienne du Travail (UGTT) secretary general says:

“The AfCFTA creates possibilities for decent work that will stop irregular migration and modern slavery, and provide an opportunity to transform Africa’s precarious economies, and end poverty.”

Kwasi Adu-Amankwah, ITUC-Africa secretary general says:

“We want an appropriate space for non-state actors in the AfCFTA to canvas for social dialogue at national and continental levels. Trade unions should be in this space to advance workers’ rights and interests, and to support trade and regional integration in Africa.”

“The AfCFTA is an important agreement for the continent with potential to create decent jobs and revive industrialization in the manufacturing sectors through increased intra-African trade. But this opportunity will be lost if workers and trade unions are excluded from the negotiations,”

emphasizes Rose Omamo, IndustriALL vice president, who participated in the forum.

The AfCFTA, which started trading in 2021, aims to promote intra-African trade, value added manufacturing and sustainable development. Additionally, it is expected to double trade and increase the integration of regional economic communities – Community of Sahel-Saharan States (CEN-SAD), Common Market for East and Southern Africa (COMESA), East African Community (EAC), Economic Community of Central African States (ECCAS), Economic Community of West African States (ECOWAS), Intergovernmental Authority for Development (IGAD), Southern Africa Development Community (SADC) and Arab Maghreb Union (UMA).

The forum comprised 90 delegates, from ITUC-Africa affiliates, sub regional trade union organizations, trade union support organizations, and civil society organizations, including those from IndustriALL Global Union affiliates in Tunisia, Madagascar, Kenya, and Zimbabwe.

The forum, which was held with support from SASK and the Labour Research Service, received research reports from Chad, Ghana, Namibia, Rwanda, Tunisia, and Zambia on possible national impacts of the AfCFTA. Other presentations were made by ILO-ACTRAV, SASK and Third World Network Africa.

Glencore must be consistent in respecting workers and human rights globally

Glencore is amongst the multinational companies that are benefiting from the commodities boom linked to decarbonization. With operations in 35 countries, Glencore trades in over 60 commodities, including metals and minerals like copper, cobalt, zinc, and nickel that are in high demand for use in the manufacturing of electric vehicles. Glencore also has coal mines which are facing closure as part of climate change mitigation to reduce carbon emissions.

In South Africa, the commodity trading multinational, which is listed on the London Stock Exchange and Johannesburg Stock Exchange, has the ferroalloys division, which mines and markets chrome ore, ferrochrome, manganese alloys and vanadium. The coal division produces thermal coal for domestic power generation and export.

The unions, part of the IndustriALL Glencore network, met to discuss the battery supply chain and just transition, and scrutinized Glencore’s policies on human rights, responsible sourcing, and the environment. The meeting recommended a gender responsive approach to just transition.

The roles of voluntary standards and assurance in the mining sector were discussed with a special recognition given to the Initiative for Responsible Mining Assurance (IRMA) for including workers’ rights.

Speaking at the meeting, Japie Fullard, Glencore FerroAlloys South Africa chief executive officer, said the company is involved in youth and women empowerment and provides support for enterprise development and financed community infrastructure. He said Glencore is committed to the implementation of the national strategic plan to end gender-based violence and femicide, and over 13,000 sanitary pads were distributed to girls in communities where it operates. Glencore is developing a just transition plan for its alloys and coal divisions.

The National Union of Mineworkers, the National Union of Metalworkers of South Africa, and UASA, all affiliated to IndustriALL, commended Glencore for the initiatives, but said the company should also implement the same policies in the coal division. The unions said Glencore’s policies are inconsistent as they differ between operations and countries. They argued that this led to doubts on its commitment and called upon the company to change its corporate behaviour through social dialogue.

Although Glencore has reporting systems in place, unions said workers were victimized after reporting discrimination, creating an environment of fear as workers were not protected after lodging complaints. Instead, they were charged with “misconduct.” Unions stressed on the need for better industrial relations at Glencore as the human resources departments were hostile to workers.

In Latin America, IndustriALL affiliate Sintracarbon is advocating for an integrated just transition plan that protects workers, communities, and the environment.

Glencore’s Colombian coal mine Cerrejón, one of the largest open-cast coal mines in the world, is slated to close in 2034, yet the mandatory mine closure plan is not in place. Based on the experience of Glencore’s recently relinquished Prodeco mines, workers and communities fear they will be left with a legacy of unresolved social and environmental problems.

Laura Carter, IndustriALL assistant regional secretary for Latin America and the Caribbean, says:

“Sintracarbon continues to fight to defend the rights of workers at the Glencore mines that face a litany of ongoing violations. These include mass dismissals because of unilaterally imposed shift changes, health and safety problems, and anti-union behaviour.”

Glen Mpufane, IndustriALL mining director says:

“Glencore must respect workers and human rights globally and implement environment, social, governance due diligence measures. A gender responsive approach by the company will end the precarious working conditions for women from subcontracted companies.”

The meeting was attended by 20 participants and held with support from the Friedrich Ebert Stiftung Trade Union Competency Centre for Sub Saharan Africa.

Photo: members of Sintracarbon at the Cerrejón mine, Colombia.

A worker from Madagascar who is part of global efforts to save endangered species

One such environmental worker is Hajanirina Rakotondrainibe whose special responsibilities include looking after endangered plants and wildlife at Ambatovy’s Moramanga mining site. Ambatovy, which mines nickel and cobalt, is said to be the country’s largest ever foreign investment.

Haja, as he is affectionately known by his workmates, takes pride and beams when he talks about being part of the national and global efforts to protect the endangered species, the lemur, and other wildlife in Madagascar whose habitats are threatened by mining activities.

“I am a wildlife veterinarian mainly responsible for fauna management. As the mine cuts down forests to carry out mining activities; we are at the same time developing wildlife conservation programmes to restore the vegetation that is destroyed.

“In these forests you have species like lemurs, an endemic primate found only in Madagascar. We have about 120 species of lemurs ranging from 40 grammes to about 7 kgs, and each species is specific to a region and type of forest habitat.

“Lemurs are attracting global interest and many researchers come to Moramanga for information on these primates. Sometimes I accompany the researchers to many forests across the island, and this gives me the opportunity to travel to other parts of the country and learn more about my work.”

Besides protecting the lemurs and the plants, Haja is a staunch trade unionist and a member of IndustriALL Global Union affiliate, SVS:

“I have worked at Ambatovy for ten years, and I am active in my union, which I have represented in the enterprise committees.”

Haja is one of the participants who discussed the inclusion of workers’ rights, women’s rights, health and safety as well as environmental protection in the revised mining code at a meeting in Antananarivo 25-26 August.

Glen Mpufane, IndustriALL director for mining says:

“When we talk about sustainable mining, it is also about environmental conservation, sustainable ecosystems that includes communities and biodiversity, and calls for mining companies to adhere to environmental protection practices. The work that Haja is doing at Ambatovy confirms that workers are playing a crucial role in protecting endangered species in Madagascar.”

According to experts, lemurs are important because they are the world’s oldest living primates and are only found in Madagascar. Lemurs also disperse seeds and help in pollination that is essential to forests.

Scientists argue that lemurs, whose DNA is over 90 per cent like that of humans, could have originated from the same ancestor as the human family.

Scientists consider Madagascar as a biodiversity hotspot, with some species of wildlife only found on the island. To protect them from extinction, these species habitats must be saved, hence calls for sustainable mining. Thus, environmental protection must be included in Madagascar’s mining code say unions.

Kenya glass workers win after strike for living wages and safety gear

According to the collective agreement the company will pay the minimum wages of 15201 Kenyan Shillings (US$125) as announced by the government and provide work suits and safety boots. In May, the minimum wages were increased by twelve per cent, which the workers say is not enough to cater for living expenses. However, in addition to the twelve per cent, the employer agrees to further increases of five per cent per year in the next two years, and that the workers will receive housing allowances.

KGWU said one of the clauses in the collective agreement stresses that in the case of an injury caused by an accident at work, an employee will be entitled to compensation in accordance with the provisions of the Work Injury and Benefit Act (2007). Further, personal protective equipment that includes uniforms and overalls and safety boots will be provided free of charge to workers. The agreement also includes clauses to protect workers’ rights to maternity and paternity leave as well as retirement.

The agreement also establishes an occupational health and safety committee made up of the employer and union representative as per the labour laws. On HIV and AIDS, workers are protected against discrimination by the employer that is based on their HIV status. Further, awareness campaigns will be carried out on HIV and AIDS.

Maurice Okoth, general secretary of the KGWU says:

“Most of the workers at FEAC are casual workers, and the union is recruiting and organizing them. We are demanding that the casual workers be given permanent jobs so that they can enjoy job security and the other benefits that we negotiated in the collective bargaining agreement.”

“With the rising cost of living in Kenya, wages must also be increased to enable workers to look after their families. We commend KGWU for demanding better wages. Additionally, implementing occupational health and safety at work standards at FEAC is important for accident prevention and a safe working environment,”

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

FEAC is a Nairobi based Chinese owned company that manufactures aluminium and glass products for the construction industry.