Unions intensify demands for release of Madagascar trade unionist

They say the arrest and sentencing violate human and trade union rights which are protected by the island’s constitution and labour code. It also violates international labour standards, especially trade union rights to freedom of association.

Sento, a garment worker, and workers’ representative at E-toile, Antananarivo was arrested for writing a social media post. The post was a report to workers on the outcome of meetings with management. According to Sento the posts, which management asked him to delete, were on discussions on improving poor food quality at the factory, workers’ training on the role of the labour inspectorate, according to the labour code, and workers’ rights to holidays, off-days, and sick leave.

Sento, a shop steward from IndustriALL affiliate Syndalisme et Vie des Societies (SVS), was imprisoned on 28 August 2022 for 12 months and fined 400 000 Ariary (US$92). He is expected to be released by the end of May 2023.

“At the end of 2022, the President of Madagascar pronounced a presidential pardon to prisoners. Comrade Sento is amongst these beneficiaries, with a three-month sentence reduction. This reduces the sentence from 12 months to nine, but the Malagasy government remains quiet. Even the request for provisional release and appeal of the judgment, filed by our lawyer remains unanswered,”

says SVS general secretary, Barson Rakotomanga.

IndustriALL affiliates from the Democratic Republic of the Congo, Eswatini, Gabon, Ghana, Nigeria, and Zambia have written letters to Malagasy government in solidarity with SVS.

Textile and garment workers said employers in the sector are notorious for blacklisting dismissed workers to ensure that they will not be employed in the sector. The employers are also known to give awful references preventing other employers from hiring dismissed workers. Workers said having a criminal record is worse because it will be used as a tool to victimise Sento when he is released.

The ILO Report of the Committee of Experts on Conventions and Recommendations 2023 requests the government to respond on the arrest and sentencing of Sento. The Committee requests the government to provide its comments on these serious allegations.

In a letter to ALSICO, who E-toile supplies, IndustriALL general secretary, Atle Høie writes:

“We denounce and protest the serious trade union rights violations in the country as evidenced by this imprisonment and would like to urge ALSICO, E-toile SA and the government of Madagascar to take action that will culminate in the immediate release of Brother Sento Chang. We would like to emphasize to the government and E-toile SA the importance of promoting a culture of social dialogue as a strategy to create harmonious labour relations instead of resorting to intimidation, harassment, and imprisonment.”

NUM applies for court ban against Anglo American over health and safety laws

The global multinational mining company, which expresses commitment to the ILO’s fundamental rights at work in its policies, wants the mineworkers to fall under the Occupational Health and Safety Act (OHSA, 1993) which does not cover the mining sector and gives workers less protection.

In May 2021, IndustriALL and Anglo American signed a memorandum of understanding on the framework for global dialogue. One priority issue is that it will be a forum for identifying collaboration opportunities on safety and health issues at the workplace, including occupational health and safety.

“Anglo American’s actions are contradictory to the spirit of the memorandum of understanding. The memorandum strives for the highest standard, the MHSA, and opting for a standard not meant to address the mining industry is baffling,”

says Glen Mpufane, director of mining and OHS organizational lead.

The union wants mineworkers to remain under the MHSA, which gives workers better protection, and argues that rights will be lost if the change occurs. These include the right to refuse dangerous work, inspectors’ powers to deal with dangerous conditions and to recommend fines, initiating investigations and reporting serious injuries and fatalities and the right to participate in inquiries and joint inquests. The NUM says these rights are absent from the OHSA.

The NUM also fears that the implementation will result in the exclusion of workers from Waterval Smelter, Anglo Converter Plant, Precious Refinery, Rustenburg Base Metal Refinery and Mortimer Smelter who fall outside the scope covered by the MHSA. The union is not convinced by the reasons given by Anglo American, who sold mining rights at the smelters while retaining surface rights and process operations.

According to the law, failure to comply with the laws can only be done after obtaining an exemption from the minister of mineral resources and energy. The NUM says the MHSA is the only legislation applicable to mines as the OHSA does not apply in respect of a “mine, mining area or any works as defined in the mineral and petroleum resources development act.”

Mpho Phakedi, NUM deputy general secretary says:

“The promulgation of the MHSA was a huge victory for the mineworkers and such gains cannot be reversed by this unlawful migration by Anglo American. The reason for the migration is simple: Anglo American seeks to move away from the strict regulatory regime of the department of mineral resources and energy to the toothless and incompetent department of labour inspectorate. The migration will result in mine workers losing their hard-fought rights as contained in the MHSA.”

In the long term, the NUM and other unions want the two Acts to be merged as there are no laws which allow mining companies to switch from one law to another.

Union demands reinstatement of Nigerian shipyard workers

Nigerdock, falls under the Nigeria Export Processing Zones Authority. It operates a seaport in Lagos, has a shipyard for repairs and maintenance, and does offshore fabrication for the oil and gas and other manufacturing activities for the energy and logistics sectors. It employs 149 permanent workers, with 161 non-permanent workers employed through a third-party consulting firm, Prime Services.

Automobile Boatyards Transport Equipment and Allied Senior Staff Association (AUTOBATE), which represents ship building and repair workers, says the redundancies are not only considered to be unjustified and illegitimate, but also violate national and international labour standards. AUTOBATE, who is affiliated to IndustriALL Global Union, says Nigerdock is short-changing workers of fair compensation and benefits through the unprocedural redundancies.

For example, in August 2022 AUTOBATE challenged the redundancies through the Federal Ministry of Labour and Employment after Nigerdock terminated the services of 21 workers, without negotiating or engaging in dialogue with the union. However, the ministry concurred with the union that the process was unlawful, and the management was forced into a better agreement with workers.

According to Section 20 of the Nigeria Labour Act (2004), “the employer shall inform the trade union or workers representative concerned of the reasons and the extent of the anticipated redundancy.”

General secretary of AUTOBATE, Lai Brown, says:

“We boldly assert that the culture of illegitimate redundancy, labour casualization, and violation of workers' rights are evidence of everything that is wrong with the privatization of the once renowned and largest Nigerian Maritime Company. We lack confidence in the current management of Nigerdock. Similarly, we demand the immediate reinstatement of the dismissed workers and commend the leadership of the Nigeria Labour Congress for its prompt intervention on the matter. We shall fight to the very end to defend the rights and interests of the workers at Nigerdock.”

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

“Nigerdock must stop violating workers’ rights and follow what the law says on redundancies. The maritime company must provide job security instead of promoting precarious working conditions and unfair labour practices.”

Campaign for ratification of C190 continues

Uruguay was the first country in the world to ratify the convention. IndustriALL affiliates in the country played a huge role by conducting workshops to explain the content of the Convention and why it is a useful tool for unions.

Unions in the Philippines urged the government to fight harassment and to ratify the Convention. The union campaign had workers hold up posters stating Ratify ILO C190. To create more awareness workers wore masks and t-shirts with the words Ratify C190 on them.

Indian law compels employers to form anti-harassment committees. However, these committees are not effective. As part of their ratification campaign unions call for effective functioning committees and create awareness of the Convention among working people. The government has yet to comment on the ratification.

Bangladeshi unions have taken street action to demand ratification of C190. The government has repeatedly promised to investigate ratification, but nothing has materialized.

In Sri Lanka, unions have conducted dialogue sessions between unions and other interest groups on the ratification of C190. Unions are part of the National Labour Advisory committee which discusses workers’ rights and have raised the importance of ratification. The previous labour minister pledged that the country would ratify soon, but with current political changes there has been no movement from the government.

In Uganda, unions had joint meetings with the government, held a press conference and a media campaign using posters with the slogan Ratify and domesticate Convention 190. These activities have made the public aware about the Convention and the importance of ratification.

In Madagascar, conversations are held at every women activity with the intervention of ILO experts. After an ILO comparative study on the existing provisions for women, social partners agreed to start the ratification process. Employers are doubtful, but the process continues. There has been a proposal for reworking of the labour code and C190 has been included in the text.

Unions in Nicaragua have been campaigning for C190, but there is slow movement from government.

In Trinidad and Tobago, unions have conducted a gap analysis of the current legislation and have identified the ratification as a priority. A forum on the Convention has been held and unions were invited to speak.

In Colombia, trade unions and politicians held a public hearing on the Convention and the President has committed to ratifying the Convention.

“IndustriALL applauds affiliates for the C190 campaigns. Gender-based violence and harassment in the workplace has a domino effect on all of us. We urge unions to continue their campaigns until governments have ratified this Convention,” says Christine Olivier IndustriALL assistant general secretary.

IndustriALL with the Friedrich Ebert Stiftung has developed a training module, modules 1,2 and 3, on Gender Based Violence entitled Violence. Not in our workplace.

Training to end workplace digital divide in Africa

The IndustriALL SSA office has been training unions in information communication technology (ICT) and digitalization since 2021. The aim is to train unions in using digital technologies in protecting workers’ rights, union organizing, collective bargaining, and social dialogue. The hybrid training was facilitated by International Federation of Worker Education Associations (IFWEA) and included participants from Kenya, South Africa, Zambia, and Zimbabwe.

Secretary at Amalgamated Union of Kenya Metal Workers (AUKMW), Tracy Adhiambo, uses the acquired skills in digital organizing, campaigns, collective bargaining, alliance building and social dialogue. Through the training she has started to convert paper files into digital files for the union. The union has also developed an app.

“The AUKMW app makes it easy for workers to join. After receiving the information we follow up and refer workers to their nearest branch. Informal sector artisans who work in areas away from union offices can download the app on their smartphones,”

says Tracey.

Abigail Moyo, UASA spokesperson, who participated in the first training workshop in Cape Town in 2021, writes in an International Women’s Day statement:

“We need to consider the rapid evolution of the world of work with digitalization and automation, especially the impact of the digital gender gap, which will continue to widen gender-based inequalities in society.”

Saliem Patel, IFWEA programme manager, explains:

“The strategic partnership between IFWEA and IndustriALL’s regional office has resulted in positive gains for youth and women trade union activists. Participants have been involved in online education, the development of online trade union recruitment tools, and the pioneering of cloud-based databases of collective bargaining agreements. This has placed youth and women in core trade union work, and they are now bringing innovation and rejuvenation into the labour movement through their commitment to unity and workers’ power.”

“If fully utilised by trade unions, digital skills can play an important role in closing the gender pay gap, ending gender discrimination, and in campaigns to ratify ILO Convention 190 to eliminate gender-based violence and harassment in the world of work. Further, the marginalization of women and youth can be ended as they are the most active group on digital platforms including social media. The regional office will continue to assist unions with ICT support to enable them to transition to paperless offices,”

says Paule France Ndessomin, IndustriALL regional secretary for SSA.

The partners supporting the training are the Friedrich Ebert Stiftung Trade Union Competence Centre for Sub Saharan Africa and Union to Union. IFWEA is the technical partner.

AfCFTA International labour standards deficit must be addressed

The theme was African Continental Free Trade Area (AfCFTA) and migration: Issues and challenges. In the past the school covered topics that included regional integration, sustainable development, and trade union renewal and unity.

Trade unions want standards that include the decent work agenda: creation of decent jobs, respect of fundamental rights at work, social dialogue, and social protection. They were clear that they want the decent work agenda and international standards on labour migration to be incorporated as clauses in the protocols when the agreement is up for review.

According to the agreement, the AfCFTA, which started trading in 2021, will be reviewed after five years. Researchers at the school recommended tways for unions to engage with policy makers through social dialogue at national level.

In 2022, the AfCFTA launched the Guided Trade Initiative as a pilot on how trade can be conducted in eight countries – Cameroon, Egypt, Ghana, Kenya, Mauritius, Rwanda, Tanzania, and Tunisia – and some goods that include batteries, rubber, ceramic tiles, and some food items have been traded.

Further, the Africa Union, has declared 2023 as the “Year of the AfCFTA” with a focus on implementation of the agreement in tourism, transport, communication, financial, and other services.

However, unions also want the trade agreement to help facilitate the transition from informal to formal economies, and to contribute to economic development, regional integration, and the industrialization of the continent. Further, they want the agreement to promote youth and women employment to reverse their marginalization and exclusion from economic activities.

Only Mali, Rwanda, Niger, and Sao Tome and Principe have ratified the African Union Free Movement Protocol, the expected threshold of 15 countries is required for implementation to begin. Unions say this will impede labour mobility. This pales in comparison to 48 out of 54 African countries, with only the exception of Eritrea, who have ratified the AfCFTA. Unions question how there can be trade without the movement of labour.

Kwasi Adu-Amankwah, ITUC Africa general secretary reiterated that:

“The states must commit to changing the protocols to protect workers’ rights, and the trade union movement must demand comprehensive provisions on labour that should become part of the protocols. This must happen through negotiations and social dialogue.”

Speaking at the school, Rose Omamo, IndustriALL vice president explained that:

“When discussing the AfCFTA and labour mobility we must always consider the plight of migrant women workers who are employed under precarious conditions. They face gender-based violence and harassment which is caused by unequal power relations. The women are vulnerable as they seek ways to get out of poverty through employment in neighbouring countries or abroad. We need law reforms, labour migration policies, and fair recruitment processes that protect migrant women workers.”

Global Reporting Initiative draft sector standard for mining released for comment

The release of its draft sector standard for mining for public comment is an important milestone. IndustriALL was involved in the development of the sector specific mining standard as part of the working group.

The draft sector standard for mining was released on 7 February, coinciding with the Investment in Africa Mining Indaba and the Alternative Mining Indaba, in Cape Town, South Africa. There was a workshop on the draft sector standard at the Alternative Mining Indaba, an important forum for collecting feedback on the standard’s contents to kickstart the public comment period, which ends 30 April.

“We welcome the release but are aware that the increasing number of reporting standards risk having an unintended consequence of fatigue reporting burden. To the extent that the reporting of impacts will be transparent and mitigation effective, it will require the involvement and participation of workers and communities, to whom mining companies are ultimately accountable to,”

says, Glen Mpufane, IndustriALL mining director and OHS lead.

The draft standard is comprehensive with content topics covering the whole environmental, social and governance spectrum with workers’ issues ranging from tailings, closure and rehabilitation, employment practices, critical incident management, occupational health and safety, child labour, forced and modern slavery, freedom of association and collective bargaining, non-discrimination and equal opportunity and for communities’ issues such as rights of indigenous communities, security practices, local communities, water and sewages, waste, land and resource rights and artisanal and small-scale mining which is an issue also of interest to trade unions.

Although the GRI standard is an important addition to existing voluntary mining standards, it is not a performance standard that will require third party independent audits like the initiative for responsible mining and assurance (IRMA). This will require workers, trade unions and communities to step up and hold mining companies accountable, by using the GRI sector report for mining-by-mining companies and comparing against their actual reality, particularly at this critical moment of the demand for low carbon transition minerals required to mitigate climate change.

Glen Mpufane says,

“The mining standard is an additional resource to call out the greenwashing by mining companies. We urge our affiliates in the mining sector to get involved and comment on the exposure draft during the comment period that closes on 30 April which has an online comment form.”

Changing the narrative on poverty in mineral rich African countries

Even where artisanal and small-scale mining (ASM) is formalized through national laws and policies, implementation remains weak. This has resulted in life threatening working conditions with limited health and safety adherence. The miners do not get value for their minerals and continue to live in poverty while digging for high value minerals.

An IndustriALL Global Union panel at the Mining Indaba on 8 February, Artisanal and small-scale mining and stakeholder convergence of interests to mitigate ESG impacts on miners – policy challenges and approaches to formalization, discussed how formalization can benefit the ASM sector and the role that unions play in organizing the miners.

The DRC, Ghana, Guinea, Madagascar, Zambia, and Zimbabwe are some of the countries with the minerals needed for the transition to renewable energy. About ten per cent of the cobalt mined in the DRC is from ASM, counting about 200,000 miners, according to PACT DRC.

“ASM is important for the global mineral supply and local job creation. But natural resources governance must improve. The DRC ranks low on Human Development Index with low life expectancy, poverty, sexual exploitation, human rights violations, modern slavery and debt bondage. A country rich in mineral resources with millions living in poverty is unacceptable,”

said Luc Asosa, programme director, PACT DRC.

“ASM can be a game changer, and this means adopting ILO Recommendation 204 on the transition from informal to formal economy. That would allow the sector to deal with environmental, social issues, human rights, decent work, and other deficits,”

said Abdul-Moomin Gbana, Ghana Mine Workers Union general secretary.

Fletcher Mushimbwa, Mineworkers Union of Zambia (MUZ) national coordinator, said:

“Although artisanal and small-scale miners are illegal, the union sees them as workers creating employment and livelihoods for communities, thus contributing to local economies. We advocate for formalization and have started building union power by organizing the miners.”

Gender expert Bashiratu Kamal explained that the sector’s many women are invisible.

“Although women are involved in buying and processing the ore, there are no bathrooms and water at mine sites, no contracts or fair wages, no maternity protection, no access to newer technologies, no social protection, or laws to protect women. Formalization can help redress this situation.”

“With over nine million ASM miners supporting 54 million people, this is an important sector for job creation and improvement of livelihoods on the continent. Formalization of the sector will further facilitate the organizing of these workers into unions,”

said Tendai Makanza, IndustriALL regional officer and panel chair.

This, and an earlier panel discussion on beyond climate, puts IndustriALL on the global stage with an influential audience that normally lacks access to real experiences of workers, thus opening spaces for further dialogue and collaboration.

IndustriALL panel at mining indaba demands decent work during energy transition

Glen Mpufane, IndustriALL director for mining, chaired the panel, “A conversation with the unions – beyond climate change, what are the other drivers of the impact in the world of work in the current transition, and trade union proposals for a mitigation pathway”, with presenters from IndustriALL affiliates; Botswana Mine Workers Union (BMWU), National Union of Mineworkers (NUM), National Union of Metalworkers of South Africa (NUMSA), and UASA – the Union.

IndustriALL emphasized the important role that labour plays in sustainable mining and environmental, social and governance strategies. The panels are a culmination of the recognition that unions have gained at the mining indaba through IndustriALL engagement with mining companies and conference organizers to recognize labour as a key stakeholder in the mining industry.

Phestus Motshabi, NUMSA shop steward said:

“Workers are deeply concerned about the transition. There are fears that mines will be closed because of decarbonization. We demand a Just Transition that is based on decent work and respect for fundamental rights at work in the International Labour Organization conventions. We want a conversation with mining companies where they are transparent and share their plans and strategies. The plans should cover the whole value chain.”

Tebogo Moepeng, NUM shop steward, added:

“The future of decent jobs is dire because precarious unsustainable jobs are expected to replace permanent jobs. But as unions we will continue to stand for decent, permanent jobs.”

Kitso Phiri, BMWU executive secretary, said social dialogue that includes key stakeholders is important.

“Social dialogue fosters consensus among stakeholders and can be used as a risk mitigation tool. To be effective it needs strong workers’ voices. In Botswana there are gaps in the social dialogue processes as workers voices are missing, especially in the high-level consultative forum at sectoral level where decisions are made. Workers are only participating at enterprise level.”

Towards Sustainable Mining – a global standard for sustainability in the mining sector – was mentioned as one of the tools that can be used to promote social dialogue in Botswana.

Melanie Roy, research manager for NUMSA’s economic research and policy unit emphasized:

“Union demands must address the dual nature of jobs – job creation and retraining/reskilling for new jobs. The transitioning of jobs in the automotive, energy, and mining sectors, policy cohesion, equity and diversity should be considered. For example, in the automotive sector, workers must acquire skills to produce electric vehicles.”

Franz Stehling, UASA divisional manager, said resources must be made by government to support retraining of workers for future jobs.

“In the case of South Africa, Just Transition should be discussed in the National Economic Development and Labour Council and resources for reskilling can be drawn from the Sector Education and Training Authorities.”

Glen Mpufane, said:

“Labour market sustainability is important in discussions on where the decent jobs will be created. Today's discussions resonated with the recommendations of the ILO Global Commission on the future of work which must be our reference point when we discuss a Just Transition. The commission’s recommendations respond to technological innovations, environmental and climate change, demographic shifts, global inequalities, and other factors.”

Glen Mpufane, IndustriALL director for mining

The mining indaba was officially opened by the presidents of South Africa and the Democratic Republic of the Congo, Cyril Ramaphosa and Tshisekedi who emphasized on the importance of minerals to socio-economic development in the two countries and cooperation through trade. The countries have minerals that are used in the manufacture of electric vehicles that include cobalt, lithium, manganese, nickel, and other rare earth metals.

Calls for justice for slain Eswatini human rights defender

The speakers reiterated calls made earlier by various continental and global organizations including the UN Human Rights, the Commission on Human and People’s Rights – African Union, ITUC-Africa, and other pan African and global organizations.

Maseko, who was the chairperson of the multistakeholder forum for the democratization of Eswatini – a coalition working on democratic reforms through dialogue – and a member of the Lawyers for Human Rights Swaziland, was assassinated by unknown gunmen at his home in Manzini on 21 January in front of his wife and two young sons.

“Comrade Thulani was a person that we would go to for legal advice on labour rights on a regular basis especially as employers are notorious for dragging unions to court. We had a good working relationship with him that was characterised by mutual respect for our roles as leaders,”

says Wander Mkhonza, Amalgamated Trade Union of Swaziland (ATUSWA) secretary general.

Maseko also successfully represented the Trade Union Congress of Swaziland (TUCOSWA), to which ATUSWA and Swaziland Electricity Supply Maintenance and Allied Workers Union (SESMAWU) belong, when it was deregistered and managed to get the federation reregistered.

The demands made in the unions petition to the Eswatini Embassy resonate with the IndustriALL Global Union resolution on the demands for democratic reforms in Eswatini which stresses that human and workers’ rights must be protected in Africa’s last absolute monarchy.

“We commit ourselves to support the people of Eswatini as they continue to fight for democratic reforms, and demand respect and protection of human rights including the right to life, rights to freedom of expression, assembly, and association, and the rule of law,”

reads part of the resolution adopted at the IndustriALL Congress in 2021. In that respect IndustriALL calls for an investigation into the assassination as it is the responsibility of the government of Eswatini to guarantee the safety and security of its citizens.

Atle Høie, IndustriALL general secretary says:

“The killing of comrade Thulani Maseko is a dastardly act that comes at a time when it is urgent for the government of Eswatini and all stakeholders to commit to dialogue. IndustriALL reiterates our call for dialogue and demand an official investigation into the murder and prosecution of the perpetrators,”

ATUSWA and SESMAWU are affiliated to IndustriALL.