Kenya: union calls for improved safety standards as worker dies in furnace accident

According to the Kenya Engineering Workers Union (KEWU), Caleb Otieno, a health and safety shop steward for the union, is said to have fallen into the open furnace on 25 March during his normal work routines as one of his hands got stuck as he pushed metal bars into the furnace. The family was given only his ashes for burial.

Kenya’s Occupational Safety and Health Act outlines the responsibilities of the employers and the workers on health and safety at workplaces. For example, employers are responsible for ensuring that plant and factory procedures reduce the risks to health and safety. This contributes to accident prevention. Further, employers must provide a safe working environment and conduct regular risk assessments. The law also states that employers must provide information and training on OHS as well as personal protective equipment.

Rose Omamo, IndustriALL Sub Saharan Africa regional co-chairperson says:

“This is an unfortunate and preventable, horrific accident. The steel manufacturers must adhere to health and safety standards as set out in the laws. We commiserate with the family which is going through the trauma of the death of their relative and pass our condolences. As trade unions we will continue to demand safety at work and compensation for the employer’s negligence.”

“We call on the government of Kenya to investigate this accident and to deploy OHS inspectors to conduct compliance visits aimed at improving safety standards and saving workers’ lives. The implementation of national and international standards is crucial to the elimination of accidents from the factories and in making them safer for workers,”

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

IndustriALL Sub Saharan Africa region has set up an online health and safety platform to discuss how unions can demand better demand health and safety standards at work as part of the decent work agenda. The platform will assist workers to deal with OHS challenges at the workplaces, conduct training and policy development, revive and strengthen trade union structures, and improve social dialogue on OHS matters.

File photo: steel plant in Egypt, 2008

Copyright : Marcel Crozet / ILO

Union signs collective agreement with ArcelorMittal Liberia

The three-year agreement (2022-2024) is the fifth collective bargaining agreement to be signed with the company, and the union says this brings harmony between the workers and the employer. The agreement includes education allowances for workers’ school going dependants, housing allowances, and permanent jobs for contract workers. Further, the union also welcomes the grading of workers to address salary disparities.

The ministry of labour, which facilitated the negotiations, says the collective bargaining agreement is in line with Liberia’s Decent Work Act, which regulates conditions of employment, occupational health and safety, collective bargaining agreements and industrial action, and workers compensation among other labour issues.

The ministry says negotiations are key to building better industrial relations, and that implementation of the agreement is important.

Dave Seneh, the general secretary of UWUL, which organizes workers in the mining and steel sectors, says:

“The agreement will bring industrial peace and provide job security to the 400 contract workers who will become permanent. The conversion of the contracts from temporary to permanent employment, which will take place in 2023, will bring joy to the workers.

"It is important to emphasize that UWUL has always demanded permanent jobs since ArcelorMittal started operations in the country. We have been arguing that since the workers are doing the same work as others, they should also be offered permanent contracts.”

“We congratulate UWUL for negotiating this collective bargaining agreement which gives permanent contracts to precarious workers. This comes with benefits and better working conditions and should be applauded. It is crucial for unions to fight for permanent jobs and workers’ rights especially for workers in non-standard forms of employment,”

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

ArcelorMittal Liberia mines and processes iron ore and is also involved in shipping and rail infrastructure development in the country. Last year the ArcelorMittal signed an agreement with the government to expand its operations in Liberia and is the country’s largest foreign investor.

Eswatini police disperse workers petitioning for living wage

Amalgamated Trade Union of Swaziland (ATUSWA) says this action by the police violates national and international labour standards that include Convention 87 (freedom of association and protection of the right to organize) and Convention 98 (right to organize and collective bargaining).

ATUSWA is rejecting the 6 per cent wage increase being offered by the employers, with support from the Textile and Apparel Wages Council (TAWC). The union wants minimum wages of E2923 (US$194) per month.
 
ATUSWA, affiliated to IndustriALL Global Union, says there is over-reliance by the employers and the government on the Wages Council to determine wage increases. The union says this is beyond the Wages Council’s role which is to regulate minimum terms and conditions of employment as opposed to negotiations and collective bargaining.

Further, in the last three years, the TAWC has failed to reach consensus on the workers’ demands for living wages. Unfortunately, the council always seems to rule in favour of employers, who have become arrogant while workers continue to earn low wages, says ATUSWA in the petition.
 
Wander Mkhonza, ATUSWA secretary general says:

“After intense consultations with our members and those workers who are yet to be organized; the workers resolved to reclaim their fundamental rights and demand decent wages and better living conditions in and outside their workplaces.

“What worsens the problem is that collective bargaining has been actively stifled by government through the department of labour which is neglecting its oversight responsibilities. This neglect makes it possible for employers to suppress the right to freedom of association and collective bargaining.”

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

“We commend ATUSWA members for their courage to stand up for workers’ rights in a hostile environment in which workers live in fear and are dispersed by the police for picketing for living wages.”

IndustriALL’s 3rd Congress passed a resolution for democratic reforms on Eswatini and for the government to respect “freedom of peaceful assembly and freedom of opinion and expression which are essential for human and trade union rights and that the government of Eswatini must adhere to United Nations Conventions including the International Covenant on Civil and Political rights.”

IndustriALL has written letters to the African Commission on Human and People’s Rights and the Southern African Developing Community to call upon the Eswatini government to protect workers and human rights.
 
ATUSWA and other trade unions are campaigning for democracy and an end to the country’s absolute monarchy under King Mswati III. Proposed dialogue by the government towards a constitutional democracy is yet to take place.

Divided we beg, united we bargain, says Eswatini union

Unions on strike at South African gold mines

The strike began with the night shift on 9 March after Sibanye Stillwater’s fifth proposal on the wage negotiations fell short of the workers’ demands and was rejected by the unions.
 
Earlier, the NUM held joint mass meetings with other unions including IndustriALL affiliate, UASA, over the mining company’s refusal to meet the wage demands. Protracted negotiations have also taken place before the Commission for Conciliation Mediation and Arbitration (CCMA), but an agreement was not reached.

 

The CCMA issued a certificate of non-resolution which allows unions to give a 48-hour strike notice. According to South African labour laws, labour disputes can be referred to the CCMA for conciliation.
 
According to the NUM, the unions are demanding an increase of R1000 (US$65) per month for surface and underground miners, and 6 per cent for artisans, miners, and officials.

William Mabapa, NUM acting general secretary says:

“Mineworkers are determined to embark on the strike action until their demands are met. The union has noted the arrogance of the employers in maintaining that they are unshakable in their 5 per cent and R700 (US$46) pittance offer. However, the NUM is unshakable too in its demands for a living wage.
 
“The NUM has been reluctant to take industrial action in favour of negotiations but given the arrogance of Sibanye Stillwater the union is forced to embark on the nationwide industrial action that will change the gold mining landscape forever. The captains of the industry have continuously awarded themselves huge bonuses while mineworkers are earning poverty wages.”

 Glen Mpufane, IndustriALL director for mining, says:

“We support the strike for living wages by gold mineworkers at Sibanye Stillwater and commend the NUM for its solidarity with other unions. Workers’ unity is important in this strike. Further, this strike is also about preserving the gains that workers have made as found in existing collective bargaining agreements between the employer and the unions,”

Sibanye Stillwater, which employs 31,000 workers in gold mining, also mines platinum group metals in South Africa and the USA. The company is also involved in the mining of battery metals. The company is listed on the Johannesburg Stock Exchange and New York Stock Exchange.

Zimbabwe energy workers in stayaway over poverty wages

ZEWU says some workers earn less than US $100 per month.

“We are writing to notify you that our members no longer have the capacity to report for duty as expected. It is no secret that their incapacitation has been caused by the unbearable economic conditions they are faced with,”

wrote Martin Chikuni, the general secretary of the Zimbabwe Energy Worker Union (ZEWU), which is affiliated to IndustriALL Global Union.

The union says the “no collective industry mandate” excuse by the employer is a ruse to avoid increasing wages and is creating “disharmony” and doubt over whether the employer is committed to negotiations. Workers are becoming increasingly sceptical about the usefulness of attending bargaining meetings where no decisions are made to pay living wages.

In the letter dated 14 February, ZEWU states that workers are faced with price hikes of basic commodities, rentals, fuel, and school fees. Further, with the loss of confidence in the local currency, most providers of goods and services are asking for payment in US dollars which are mainly bought at higher rates on the parallel market. The exchange rate to the US dollar is 1:120 Zimbabwe dollars (ZWL) on the official market, and 1: 235 on the parallel market. But US dollars are more widely available in the streets than the banks.

The union says the wages are not keeping up with hyperinflation, which is over 60 per cent according to the Zimbabwe National Statistics Agency. Further, the Consumer Council of Zimbabwe has reported that a family of six required at least ZWL $73,000 (US $310) to meet the cost of living.

However, the reply to the union from ZESA, the country’s power utility, was an offer of a 30 per cent wage increase and increments in Covid-19 and transport allowances which the union has described as paltry. The union says the collective action will continue until their demands for living wages are met.

“We support ZEWU in its campaign for living wages and hope that the employer will engage in serious and meaningful wage negotiations and stop the delaying tactics when workers and their families are starving. Workers are suffering under the precarious working conditions of low wages that are currently prevailing in Zimbabwe,”

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

World Bank reports state that over 7.9 million Zimbabweans are extremely poor – meaning that at least one person is living on less than US $30 per month. The country’s population is estimated to be over 15 million. Poverty has been worsened by the price hikes of food and other basics while the Covid-19 pandemic has worsened the economic crisis.

Photo: A file image of a Zimbabwean energy worker.

Unions call for policy intervention to save jobs at South African oil and gas refineries

Last week shareholders of Sapref, a refinery jointly owned by BP and Shell, announced that they will suspend operations by the end of March. Sapref refines 35 per cent of imported crude oil in Durban. The statement comes on the back of the closure of Chevron’s Astron and Engen’s Wentworth refineries, which will potentially lead to the retrenchment of thousands of workers.

South Africa imports most of its crude oil from the Middle East and African countries. In addition, Sasol produces refined petroleum products for domestic use through crude oil refining, coal-to-liquid fuels, and gas to liquid fuels. Additionally, natural gas to liquid fuels production is done by state-owned enterprise, Petrosa, which has also shut down its refinery.

IndustriALL Global Union affiliates that organize in the petroleum sector, the Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (CEPPWAWU) and the National Union of Metalworkers of South Africa (NUMSA), say the government must intervene through sustainable industrial policies to save jobs. The unions say the closure of refineries will affect the downstream value chain activities that include the refining, transportation, and marketing of petroleum products.

Irvin Jim, NUMSA general secretary says:

“Government must put a stop to the clearly orchestrated agenda by multinational oil companies such as Shell and BP, Engen, Sapref and Chevron where these companies have taken a conscious, greedy decision to close refineries in South Africa and simply import the finished product, diesel and petrol into the country, using propaganda that crude oil is unaffordable, and citing government’s strict regulation on sulphur pollution.

“Our message to the government is that in the interest of the country, in particular the importance of stimulating economic growth and to preserve and create jobs, government must not allow these greedy multinational oil companies who have chosen a get quick rich scheme, to shut down our local refineries and to simply import finished products, abusing licences to import.”

“Multinational oil and gas companies must negotiate with unions to save jobs and protect workers’ interests and livelihoods instead of closing down refineries and retrenching thousands of workers. Whilst the move to cleaner energy sources is necessary to reach net zero, the transition to cleaner fuels and renewable energy must be done in consultation with, and include unions, workers and affected communities,”

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

Photo: File image of NUMSA members marching for Just Transition

Union wins after four-day strike at Dangote cement plant in Zambia

About 1,300 workers are employed at the plant mainly through subcontractors, with Dangote only employing 178 workers directly. Most of the direct employees are part of the management.

Workers downed tools after failed negotiations between Silondwa Engineering and the Mineworkers Union of Zambia (MUZ). Workers rejected the 15 per cent wage increase offered by the employer during the negotiations, and instead demanded minimum monthly wage increase from K1000 (US$55) to K2500 (US$136).

According to the final settlement reached between the union and the employer, workers’ wages were increased by K1000 across the board. MUZ, affiliated to IndustriALL Global Union, has 445 members at the plant and signed a recognition agreement with the employer.

For some years, MUZ has campaigned for the workers to be directly employed by Dangote instead of employment through a third party. Although the workers at the plant work for Dangote, their legal direct employer is the subcontractor, Silondwa Engineering, which has a contract to “supply labour services.” The contract is limited to three years, meaning that workers contracts are short-term and provide no job security.

One of the earlier contracts between Dangote and Silondwa Engineering contained blatantly anti-union clauses stating that “the contractor shall ensure that its employees are not involved in union activities and strikes that leads to stopping of work.” MUZ says that Silondwa Engineering’s tried to entice workers to join a sweetheart union liked by management, but workers responded with stiff resistance.

Additionally, during a site visit by the union and the ministry of labour to resolve the strike, the ablution facilities at the cement plant were found to be filthy with the plumbing in a state of disrepair while the toilets were not flushing. This serious health hazard faced by the workers prompted the ministry to order that the facilities be closed immediately and for the management to fix the facilities to conform with the national occupational health and safety standards.

Joseph Chewe, MUZ president says the union is fighting against the outsourcing of labour:

"There is need for the government to quickly address the issue of outsourcing especially in the cement producing companies and to ensure that workers are employed directly by the principal companies.”

MUZ says outsourcing is detrimental to workers welfare as it creates precarious working conditions such as temporary contracts and low wages.

“We congratulate MUZ on their victory. We expect pan African companies like Dangote to provide living wages and decent working conditions. However, we are appalled, and our expectations are dampened, by the precarious working conditions and poor working conditions at the Masaiti cement plant.

"We call upon Dangote to provide decent working conditions by creating permanent jobs in Zambia,”

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

IndustriALL and ITUC call for urgent inclusive dialogue on democratic reforms in Eswatini

 
With trade unions and civil society organizations worried over the absence of political will and the slow pace towards dialogue by the government of Eswatini, IndustriALL and ITUC have written to the African Commission on Human and People’s Rights (ACHPR, the Southern African Development Community (SADC), and the South African government to urge King Mswati III’s government to act towards respect and protection of workers and human rights.
 
According to the Amalgamated Trade Union of Swaziland (ATUSWA) and the Swaziland Electricity Supply, Maintenance, and the Allied Workers Union (SESMAWU) and the Trade Union Congress of Swaziland (TUCOSWA), affiliated to IndustriALL and ITUC respectively, security forces are continuously violating human and workers’ rights to freedoms of expression, assembly, association, and the right to life.

 

 
This is making life unbearable to the workers who live in harsh conditions characterised by poor wages, increasing poverty, elevated levels of unemployment and the pandemics of Covid-19, and HIV and AIDS.
 
Atle Høie, IndustriALL general secretary, Sharon Burrow, ITUC general secretary, and Kwasi Adu-Amankwah, ITUC Africa general secretary, write in the letters:

“We recall that the African Charter of Human Rights and the African Charter on Democracy, Election and Governance all protect the right to freedom of association, assembly and the strengthening of political pluralism including ensuring that opposition political parties are given a legal status under national law. Therefore, human rights defenders, including trade unions and other citizens, who exercise their human rights in pursuit of democracy in Eswatini must be protected from attacks, reprisals and retaliation from the government and security forces.”

In an online meeting hosted by the IndustriALL regional office for Sub Saharan Africa and ITUC-Africa in December 2021, attended by organizations including the Southern African Trade Union Coordinating Council (SATUCC) and the Congress of South African Trade Unions (COSATU), it was agreed that unions would launch a coordinated pan African and global campaign for the democratization of Eswatini.

A 2021 survey by Afrobarometer, a pan-African research network, concluded that most people in Eswatini favoured a multiparty democracy instead of the rule by the current absolute monarchy under Mswati III. Under the current regime people are afraid of speaking out as freedom of speech and association are limited through arbitrary arrests and detentions.

Unions and civil society organizations reject Togo’s repressive draft constitutional law

The Fédération des Industries du Togo (FIT), affiliated to IndustriALL Global Union, two other unions that organize in the mines and hospitals, and civil society organisations (CSOs) who make up a group of eight organizations that identify as G8, say the process to amend Togo’s 1901 constitution is flawed. It is neither transparent nor inclusive. The G8, a coalition of organizations promoting workers’ rights, human rights, the rule of law and inclusive social dialogue, says they were never consulted on the draft law, and only learnt about the bill through official announcements.

Further, the G8 says the draft law violates international human rights and labour standards to which the country has signed up. The group calls upon the government to consider international labour standards and human rights instruments when drafting laws. These rights are protected in the United Nations Universal Declaration of Human Rights, the African Charter on Human and Peoples' Rights, and International Labour Organization standards that include Convention 87 on freedom of association and protection of the right to organize, and Convention 98 on the right to organize and collective bargaining.

The G8 fears that the main aim is to “silence their voices” and is shocked that the amendments did not go through parliament under the pretext of the Covid-19 pandemic regulations. In a statement, the group views this as union busting and interference with CSOs and says the cumbersome registration and reporting requirements proposed in the future law will make it impossible for the organizations to operate.

“To show how bad this draft law is, we have deleted 44 offensive articles in the bill. We will present our objections to the government and are raising awareness among workers through information and education campaigns on why the unions are rejecting the draft law. We are also asking workers to comment on the draft,”

says Mensah Tchegnon, FIT general secretary.

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

“We call upon the government of Togo to respect workers and human rights as protected in the national laws and international labour standards. The government should build a non-adversarial relationship with trade unions through social dialogue instead of drafting obnoxious laws.”

Photo: File image of the Fédération des Industries du Togo

Nigerian government abandons petrol price hike as unions mobilize

IndustriALL Global Union affiliates in Nigeria are vowing to fight petrol price increases which they say will erode the incomes of their members and worsen poverty.

National Union of Petroleum and Natural Gas Workers (NUPENG) and the Petroleum and Natural Gas Senior Staff Association (PENGASSAN) are calling on the government to industrialize the economy by resuscitating local refineries. The unions say local refineries will assist in mitigating the effects of fluctuating oil prices, create decent jobs, and increase the country’s revenue.
 
The government had earlier announced the petrol price increase from 320-340 Naira per litre (5 cents in US dollars). However, it made another announcement on 24 January that it was reversing the decision on the back of planned national protests organized by unions and civil society organizations.

“The suspension of the petrol price increase is not a total victory because it does not change the social and economic conditions of the Nigerian workers. There is high unemployment and inflation is increasing. Workers need a social cushion that includes affordable public transport and infrastructural development,”

says Olawale Afolabi, NUPENG general secretary.

“Going forward, we will continue to engage with the government on the very critical issues of ensuring local refining of petroleum, creation of sustainable jobs and provision of petrol at an affordable price,”

says Ayuba Wabba, general secretary of the Nigeria Labour Congress.
 
The Trade Union Congress of Nigeria (TUC) concurs on the “revitalization of existing refineries, establishment of new ones including modular refineries, and effective policing of the borders to stem the rate of petroleum products smuggling.”
 
For several years unions have campaigned against the “resources curse” in Nigeria, where oil and gas reserves have not assisted the economy and ended poverty.
 
Paule France Ndessomin, IndustriALL regional secretary for Sub Saharan Africa says:

“Workers and communities in Nigeria expect the government to provide affordable petrol and not to be burdened with increases that often are a result of corruption. Nigerian workers should enjoy the benefits that come from the country’s vast quantities of oil and gas reserves, and this includes being able to buy affordable petrol that is refined locally.”

Photo: Floating petrol and diesel filling station in the Niger Delta, Stakeholder Democracy