Unions condemn anti-strike laws in Zimbabwe

The Health Services Amendment Act and the Criminal Law (Codification and Reform Amendment Bill) violate the Constitution of Zimbabwe and International Labour Organization (ILO) conventions that the country has ratified. The conventions include Convention 87 (freedom of association and protection of the right to organize) and Convention 98 (the right to organize and collective bargaining). The ILO sent a fact-finding mission to Zimbabwe last year after receiving numerous reports on labour violations.

The Health Services Amendment Act state that strikes in the public health sector, which is described as an essential service must not go beyond 72 hours. If unions fail to adhere to this limited time, the organizers will be fined and sentenced to three years in prison.

According to a government gazette the Criminal Law amendment will make it legal to arrest and prosecute the country’s populace for wilfully injuring the state sovereignty and national interest of Zimbabwe – a clause that legal experts say has wide interpretation that can lead to arbitrary arrests of human rights and trade union activists.

Joseph Tanyanyiwa, the chairperson of the Zimbabwe IndustriALL national coordinating council says:

“Workers’ rights are human rights that should neither be constrained nor compromised. What is even more worrisome to us is the criminalization of freedom of expression. The laws will have far-reaching negative impacts that will narrow our rights as protected in the country’s constitution and ILO conventions, which were ratified by the government. We are imploring the government to urgently amend or repeal the laws which will instil fear in trade unions and their members. These laws will weaken the workers struggle for better working conditions.”

With inflation reportedly at 229.8 percent in January 2023 and the highest in the world, Zimbabwean workers, whose average wages are US $62 per month, are finding it difficult to make ends meet. Health-care, energy, and mineworkers went on strike last year to demand living wages and the timely payment of wages. At Vumbachikwe gold mine in Gwanda, workers went on strike after non-payment of wages for over three months.

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

“It is oppressive to pass laws that prohibit strikes amid a cost-of-living crisis, wage theft, and low wages. We urge the Government of Zimbabwe to respect the country’s laws and the fundamental rights at work as defined by the ILO.”

IndustriALL affiliates in Zimbabwe are the National Union of the Clothing Industry (NUCI), National Union of Metal and Allied Industries of Zimbabwe (NUMAIZ), Zimbabwe Chemical, Plastics and Allied Workers Union (ZCPAWU), Zimbabwe Diamond and Allied Minerals Workers Union (ZDAMWU), Zimbabwe Energy Workers Union (ZEWU), Zimbabwe Leather Shoe and Allied Workers Union (ZLSAWU) and Zimbabwe Textile Workers Union (ZTWU).

African unions demand strong labour provisions in AfCFTA

This conference focused on African continental free trade area, industrialisation and the decent work agenda. This event was part of IndustriALL’s continuous campaign for Africa industrialization.

Phase I of negotiations, which focuses on trade in goods and services and dispute settlement were completed. While Phase II negotiations on investment, competition and protecting intellectual property are expected to be ratified in February. Phase III negotiations will look at e-commerce, including digital trade, women and youth.

In response to union’s concerns, Willie Shumba, a senior expert, and advisor for customs, said one of the objectives of the AfCFTA is to:

“achieve a comprehensive and mutually beneficial trade agreement among the Member States of the African Union.”

He urged trade unions to engage the governments on the labour provisions.

The trade unions further proposed that the AfCFTA should have a trade union forum that discussed labour interests and would also like to engage the African Union (AU), the African Development Bank (ADB), and other continental institutions on sustainable trade and industrial policies. Unions also discussed strategies that they can use to engage on sustainable trade and industrialization issues at national, regional, and continental levels.

Sector presentations focused on industries that had shown potential for growth with examples drawn from the garment industries in Ethiopia, the automotive sector, and the mining industry as well as their respective value chains. The unions said they will engage with Latin American and European countries on textile, garment, shoe, and leather sector value chains, to learn from their experiences. Unions said training workshops on the African mining vision were important to trade and industrialization.

Ghana-based Third World Network Africa emphasized the importance of an inclusive AfCFTA that catered for the interests of small-scale enterprises.

Johann Ivanov, FES-Ghana director said:

“The AfCFTA has huge potential for the continent and, if implemented correctly, it will have significant employment effects and will create decent jobs. It can lead to the much-needed industrialization, to jobs in more innovative and sustainable sectors. However, social dialogue, the active involvement of trade unions in the formulation of trade and industrial policies, is key to ensuring that workers are not left behind and actually gain from free trade.”

Eric Manzi, ITUC deputy general secretary stressed the significance of the AfCFTA as an instrument of regional integration that will address unemployment through sustainable economic development and the creation of decent jobs.

Kemal Özkan, IndustriALL assistant general secretary said:

“The Covid-19 pandemic, high public debt, and limited investments have had an adverse effect on trade and the economies of Sub-Saharan Africa. To reverse this, unions must campaign for a new social contract and multilateralism that amplifies working class voices. This contract should include the Just Transition and climate change on workers terms and must be included in the AfCFTA.”

According to AfCFTA official documents, the agreement will bring together 55 countries with a combined gross domestic product of US$3.4 trillion and will create a single market for the continent’s 1.4 billion people. Furthermore, the agreement is expected to facilitate the expansion of intra-African trade and to integrate regional economic communities as well as improve competitiveness of African economies through increasing production scales. National, regional, and continental value chains are also expected to be developed. Experts also say the trade agreement has potential to contribute towards the attainment of the United Nations Sustainable Development Goals.

This conference was organized in cooperation with the Friedrich Ebert Stiftung (FES).

Battery manufacturing pact stimulant for decent jobs in Africa

The agreement, signed late last year, is to promote the development of an electric vehicle value chain from mining, refinery, battery cell and battery pack manufacturing, up to the end user. Signatories will conduct feasibility studies, provide technical assistance, and the US will promote the initiative among the US private sector and investors.

Unions say the agreement is aligned to union campaigns for mineral resources to be used for industrialization and economic development which comes with opportunities for the creation of decent jobs. Through the African industrialization campaigns and mining network meetings, unions have repeatedly emphasized the need for the domestication of the African Mining Vision which calls for: “Transparent, equitable, and optimal exploitation of mineral resources to underpin broad-based sustainable growth and socio-economic development.”

The DRC produces over 70 per cent of the world’s cobalt, while Zambia is Africa’s second largest producer. In the DRC, cobalt is mined by large scale mining companies as well as artisanal small-scale miners. Other minerals found in the two countries that can be used in electric vehicle battery manufacturing include copper, lithium, manganese, and nickel.

The agreement aims to promote the “development of a cross-border integrated value chain for the production of EV batteries, leading to increased awareness of investment opportunities and the identification of potential co-financing opportunities for electric vehicle value chain-related investments.”

Glen Mpufane, IndustriALL director for mining says:

“This agreement speaks to some of the envisaged decarbonisation pathways as the world shifts from fossil fuels to renewable energy. However, trade union demands on decent work remain. We want decent jobs to be created in the electric vehicle supply chain. Additionally, the rights at work must be protected according to international labour standards, and there must be social protection and social dialogue. The cooperation must include a human rights due diligence approach and the promotion of gender equality in the supply chain.”

The agreement promotes the development of the clean energy sector through reduction of carbon emissions and supports the Paris Agreement goal to keep global warming below 2 degrees. Further, the agreement commits to adhere to UN conventions against corruption as well as domestic laws and international standards.

At a meeting on battery supply chains in Johannesburg in 2022, unions from Botswana, Ghana, Guinea, Kenya, Madagascar, South Africa, and Zambia agreed to map companies that were part of the electric vehicle value chain in their countries as one of the ways to build union capacity on organizing and recruitment in this sector.

Difficult circumstances – IndustriALL meets with family of unfairly jailed unionist in Madagascar

Sento is 25 years old and had been working at E-Toile S.A for six years when he was sentenced to jail over reporting on union elections, the poor food quality at the company, as well as workers’ rights to holidays and sick leave. His union, SVS, says Sento is a wrongly and unjustly imprisoned shop steward, whose rights to freedom of opinion, expression and association have been seriously violated.

Sento’s parents-in-law told IndustriALL about how they have had to indebt themselves to be able to hire a lawyer. Despite regular visits to the court, this has yet to result in any positive news on Sento’s urgently awaited release. The family describes his time in prison as very difficult, with Sento feeling deceived and disappointed.

The family, including his children 3-year-old Alvin and 12-month-old Aticia, try to visit Sento in prison once a week, bringing much needed food. According to an overview of the world’s toughest prisons, the Antanimora prison, a correction facility with a horrible reputation has been found to provide only one meal per day of only boiled cassava, leading to chronic malnutrition for many prisoners.

During IndustriALL’s visit to Sento’s family. SVS handed over a food package to the family to alleviate some of the difficulties.

The day before the meeting with the family, SVS and IndustriALL tried to see Sento’s wife, who has been working at the same company for five years. However, the company informed that she could not come out during lunch time as she was busy.

SVS has appealed to the Ministry of Labour and the Prime Minister in Madagascar, reporting a clear violation of ILO Conventions 87 and 98. Many other organisations, including IndustriALL, ITUC and ITUC Africa and the ILO have approached the Malagasy government for Sento Chang’s unconditional release, so far without success.

Atle Høie, IndustriALL general secretary says:

“We are appalled by this conviction and jailing of a trade unionist for reporting to co-workers about discussions at a meeting with management. This is unacceptable, and we would like to remind E-Toile management and the government of Madagascar that they must respect national and international labour standards on freedom of association and trade union rights. The employer and the government should engage in social dialogue with trade unions instead of intimidating workers with trumped up charges and imprisonment.”

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.