Returning mineworkers test positive to Covid-19 in South Africa

It is the same in other provinces as well. When platinum mines in Burgersfort in the Limpopo Province reopened after the relaxing of the Covid-19 regulations in South Africa, over 50 workers tested positive to the coronavirus confirming that community transmissions took place during the lockdown which began on 26 March.

When Marula Platinum Mine reopened, 19 workers tested positive to the coronavirus while Dwarsrivier mine confirmed another 30.

At Modikwa Platinum Mine, where IndustriALL Global Union affiliate, the National Union of Mineworkers (NUM), raised an alarm on the continued use of breathalyzers and biometric systems, workers have also tested positive to Covid-19.

Phillip Mankge, NUM North East regional secretary, says:

“The mines should have listened to the advice from the unions to implement regulations on rigorous screening and testing, and for employers to provide mineworkers with transport to work from their places of residence. The NUM is against the blanket approach that has been granted by the ministry of mineral resources and energy. Each mine should have been given a directive to put preventive measures in place first before being granted permission to open.”

Glen Mpufane, IndustriALL director for mining says:

“Mining companies must follow strict Covid-19 health and safety protocols in their screening and testing of workers to avoid situations where mines and mining communities become clusters of Covid-19 infections.”

Since the announcement of the lockdown the NUM has been fighting the no-pay-no-work practices at some mines and violations of the lockdown by others that continued operating despite the regulations prohibiting mining. The unions are also demanding payment of full wages at mines such as Kimberley Ekapa Mining where they were reduced by 33 per cent.

NUM also fought for the rights of workers when some companies, including Kangra and Zululand Anthracite Colliery in KwaZulu-Natal province and Village Main Reef in the North West Province, tried to use the lockdown to retrench workers.

The unions have carried out campaigns to prevent infection and exposure to the coronavirus especially for workers on treatment for tuberculosis, and those on antiretroviral drugs for HIV and AIDS. The union says these diseases are common amongst mineworkers.

According to statistics released by the department of health, on 24 May the country had 22,583 positive cases, 11,100 recoveries and 429 deaths.

Shell AGM fails to address union concerns

IndustriALL submitted questions to Shell ahead of its closed, online AGM on 19 May. Shell answered the questions in an online shareholder’s engagement meeting on 13 May, which was attended by IndustriALL energy director Diana Junquera Curiel.

IndustriALL submitted a question about the health and safety situation of contractors in Nigeria, after conducting extensive research and finding a number of case studies from the families of workers who have lost their lives or become disabled.

The children of a deceased Shell contract worker, visited by IndustriALL in 2018

In response, Shell CEO Ben van Beurden said that Shell “complies with local laws”, and endeavours to make “continuous performance improvements”. Contractors are “independent corporate entities”, however Shell “ensures” they comply with local law while “continually looking for ways to review” contractors. Shell denied allegations made in the question while failing to address the substance.

Shell addressed all questions in this manner. When IndustriALL raised issues of the violation of trade union and human rights in Nigeria, which are very well documented, Van Beurden replied that all allegations had been thoroughly investigated and found to be “fully unsubstantiated.” However, Shell did not consult with unions in the course of its investigations.

Junquera asked, once again, whether Shell would be willing to meet with IndustriALL so that these issues could be satisfactorily addressed. Van Beurden replied that Shell values its relations with unions, but that these are “most effective at the local level” due to country specific conditions. He made no commitment to meeting with IndustriALL.

This response is not unexpected: Shell has consistently failed to address union concerns. However, IndustriALL is mandated by its affiliated unions, who represent Shell workers globally, to seek global dialogue, and will continue to do so.

IndustriALL raised additional questions about Shell’s emissions targets and accordance with the Paris Agreement, and plans for a Just Transition for workers. Shell responded by referring to their Climate Change and Energy Transition document.

While IndustriALL commends Shell for addressing Just Transition explicitly, a number of concerns remain. The document fails to recognize the global labour movement and does not mention trade unions, fails to make firm commitments, and contains little detail about what the programme would consist of.

“I don’t understand why Shell refuses to meet with us. What are they afraid of?” asked Junquera.

“Shell engages with many critical organizations, including a number of NGOs, who do not represent Shell stakeholders. IndustriALL Global Union represents Shell workers worldwide. We have a mandate from those workers to initiate dialogue worldwide.”
“Shell refuses. Shell claims that it is ‘more efficient’ to work with unions at local level only. But Shell’s attempts to divide workers is exactly why our unions want global dialogue.”

The full transcript of the call, including IndustriALL’s questions and Shell’s responses, is available here.

Union supports deal for small enterprises in South Africa to manufacture 14 million masks

The bargaining council accredited 388 manufacturers with a capacity to make 14 million masks that cover the nose and mouth.

Additionally, 217 were approved to make personal protective equipment and other essential products required to prevent the spread of the coronavirus.

SACTWU says the deals will assist thousands of SMMEs to survive and continue production under the harsh conditions of the Covid-19 lockdown.

SMMEs employ from 10 to 250 workers, and the recently registered ones from the townships employ at least six workers on average in their cut-make-trim operations. SMMEs are exempted from the main collective agreements but are considered as compliant companies in strategies to allow their growth. Despite SMMEs operations being highly informal, unions are organizing the workers.

SACTWU, the Department of Trade, Industry and Competition, and Business for South Africa, have partnered in setting up an online portal where individuals and companies can buy the masks.

The wearing of face masks became a requirement on 1 May as one of the preventive measures to stop the coronavirus pandemic. SACTWU is campaigning for the manufacturing of the masks using local material to save and create jobs.

The union is welcoming the announced Phase 4 of lockdown regulations for clothing manufacturing, which will help the local industry.

Andre Kriel general secretary of SACTWU says:

“It is a great boost for our struggling local manufacturing industry, and will assist tens of thousands of clothing, textile, footwear, and leather workers during this difficult period.

"We cannot emphasize enough how important it is that we take steps now to ensure that we still have a domestic manufacturing industry after lockdown.”

Christina Hajagos-Clausen, IndustriALL textile director, says:

“It is important to allow small garment operations to grow and be part of the supply chain, and it is commendable that SACTWU is involved in building the capacity of the SMMEs. It is equally crucial that workers are involved in efforts to fight Covid-19.”

Unions fight to protect Nigeria’s oil and gas workers

IndustriALL Global Union affiliates, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and the Natural Gas Senior Staff Association of Nigeria (PENGASSAN) organize in the sector in Africa’s biggest oil producing country.

NUPENG president, Williams Eniredonana Akporeha, and general secretary, Afolabi Olawale, and PENGASSAN president, Ndukaku Ohaeri, and general secretary, Lumumba Okugbawa, recently raised concerns over reports from workers who fear that they may lose their jobs.

A statement from the union leaders says:

“Unions empathize with employers over the negative impact of COVID-19 on the industry, business operations and earnings. Nevertheless, we strongly feel that downsizing, arbitrary dismissals and termination of workers contracts, introducing precarious and indecent working conditions, and reducing salaries and allowances, should be avoided at all costs. This outrageous behaviour will not benefit anyone.”

Appealing to the Federal Government of Nigeria to ensure that multinational and national oil companies follow laws and regulations, the unions say they will fight unfair retrenchments.

“We condemn these moves and vow to resist them with all our might. They are unfair to the selfless and patriotic services that the Nigerian oil and gas workers provided to these companies and the nation during the highly productive years. The workers are still rendering essential services and on the frontline of the struggle against the pandemic.”

Diana Junquera Curiel, IndustriALL energy director says:

“Although Covid-19 is having an unprecedented impact on the oil and gas sector, employers should consult with unions, respect workers’ rights and adhere to the labour laws. Employers cannot make decisions that violate national and international labour standards.”

The Covid-19 pandemic has heavily impacted the oil and gas industry globally. With less mobility due to coronavirus induced lockdowns, demand has dropped and oil prices crashed. The impact is worse on Nigeria, Africa’s biggest oil producer, because oil revenues do not only fund the budget but also stabilizes the local currency, the Naira.

The country, which is a member of the Organization of Petroleum Exporting Countries (OPEC) gets revenue of around 90 per cent from oil exports and might need to revise its annual budget again because of the low prices.

Oil contributes 9 per cent to Nigeria’s Gross Domestic Product, and the government says the economy will contract by 3.4 per cent because of the lost revenue.

Multinational oil companies with operations in Nigeria include Exxon Mobil, Chevron, Equinor, Shell, Eni and Total. Local companies include the Nigerian National Petroleum Corporation (NNPC) and others.

Union seeks justice for worker shot dead by police in Nigeria

The use of disproportionate force by security forces during the lockdown has been condemned by the unions, civil society organizations and the country’s National Human Rights Commission (NHRC). The NHRC says the police and other security forces killed 11 people during the enforcement of the Covid-19 lockdown and violated several human rights.

Most of the violations included on freedom of movement, unlawful arrests and detention, confiscation of property, sexual and gender-based violence, torture and inhumane and degrading treatment, and extortion.

Okameme was a petrol attendant employed by Greenmac Energy in Aba City. NUPENG wants the Okameme family to be compensated and for the government to investigate the murder.

The president and general secretary of NUPENG, Williams Eniredonana Akporeha and Afolabi Olawale say in a statement:

“Workers lives are precious, and we shall do all we can to get justice. An investigation must be properly carried out and other appropriate steps taken to serve as a deterrent to other trigger-happy officers. Police officers must be guided to know that minimum force is expected at this time when they are among an unarmed civilian population.

“However, we are seriously disturbed by the unfortunate silence of Abia State government over the gruesome murder of a worker on the frontline of the struggle against Covid-19 and urgently call on the Federal government to step into this matter before it degenerates further.”

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

“The heavy-handedness of the police in Nigeria in dealing with the coronavirus pandemic lockdown regulations is appalling. Public order policing during the pandemic should aim at campaigning for hygiene, social distancing and testing, and not the use of deadly force on unarmed workers and civilians.”

With the pandemic still far from over, the lockdowns have been extended in some states and eased in others depending on various local factors.

According to the Nigeria Centre for Disease Control, on 12 May the country had 4,787 confirmed Covid-19 cases while 959 were recovering after being discharged from hospital. So far, 158 deaths have been recorded, with Abia State having two cases.

IndustriALL raises questions ahead of Shell AGM

On 13 May, Shell will hold an online shareholder’s engagement meeting ahead of the 19 May AGM. Shareholders were invited to submit questions two weeks before the engagement meeting. Shell will respond to questions by email instead of at the public meeting.

IndustriALL Global Union has ongoing concerns about conditions at Shell workplaces around the world, and has consistently campaigned against the very high level of casualization at Shell. IndustriALL has previously raised questions and also joined demonstrations outside the Shell AGMs in The Hague in 2018 and 2019.

IndustriALL’s primary concern is Shell’s behaviour in resource-rich developing countries, where the company’s large footprint perverts the development of the local economy and entrenches an extractive industry that is heavily reliant on foreign companies.

A prime example is Nigeria, where Shell’s presence has led to decades of environmental degradation, corruption, human rights abuses and union busting. Nigerian unions call for the sustainable industrialization of their country, and a programme of beneficiation that will see the country’s oil wealth raise standards of living for everyone.

But 82 per cent of Shell’s workers are contract workers who live in poverty with no job security, poor healthcare and little regard for health and safety. Workers who attempt to unionize, raise health and safety issues or report injuries are dismissed. Because Shell is the largest company in the Nigerian oil sector, its actions set a precedent, and many other companies in the sector show similar behaviour.

Unions in Nigeria report numerous cases of workers dying or becoming permanently disabled because they have been too afraid to raise safety concerns. Last year, IndustriALL reported Shell’s treatment of contract workers to the UN Human Rights Council.

IndustriALL’s primary demand is that Shell engage in social dialogue at a global level with workers’ representatives. So far, Shell has categorically refused the offer of international dialogue.

In questions submitted ahead of the AGM, IndustriALL raised the contradictions between the principles that Shell claims to adhere to in publications like its Sustainability Report, and well-documented evidence that Shell fails to meet these standards. IndustriALL submitted the following questions:

Why Shell does not exercise due diligence on contractors to ensure that they are socially responsible?
Why Shell does not control and provide proper health insurance for all their workers and contractors?
Will a representative of Shell agree to meet with IndustriALL Global Union to establish dialogue with the aim of addressing and resolving these violations?

Energy director Diana Junquera Curiel said:

“We have consistently raised these issues with Shell, and we have never had an adequate response. However, there is real suffering at Shell workplaces, and we are determined to change this. We remain committed to dialogue and working with Shell to resolve these issues.”

“We will be killed by hunger before the coronavirus gets us”

Thandi, a garment worker at Fashion International in Matsapha, says:

“We have not been paid and are trying to survive with the little money we have. It is hard. The employer must give us our money so that we can buy food. Some of the women in the factory are widows and it is extremely difficult for them.
“We will be killed by hunger before the coronavirus gets us. We need our wages as we cannot buy even salt. We are struggling to pay rent. Why is the employer not paying us when they have the money?”

Another worker, Sizwe, from FTM factories in Nhlangano, says:

“When my child got sick, I had no money to take him to hospital, and ended up begging. With the low wages that I earn, I have little savings.”

The Amalgamated Union of Swaziland (ATUSWA), affiliated to IndustriALL Global Union, is demanding that the workers be paid from the provident fund they contribute to.

“We are campaigning for employers to pay living wages to workers and not for them to even fail to pay the low wages that workers struggle with every month. This non-payment is even more painful under the tough lockdown conditions. The Eswatini National provident fund can be used to pay wage of at least Emalangeni 1400 (US$76) but our long-term goal is for wages to be over E3500 (US$190),”

says Wander Mkhonza, ATUSWA general secretary.

IndustriALL general secretary Valter Sanches says:

“In the midst of a pandemic that is killing thousands of workers daily, employers must act responsibly by not worsening an already dire situation. Workers must be paid their wages timely. Expecting workers to stay at home without food for their families is unacceptable.”

In a letter to Eswatini Prime Minister, Ambrose Mandvulo Dlamini, Sanches stresses:

“We sincerely hope that the current negotiations between the government, employers and labour will be able to entail urgent actions to support the workers by immediate payments rather than expose them to a dual crisis of Covid-19 and poverty.”

Average wages are E1,700 (US$92) per month.

GSK factory in South Africa to reopen after 99 workers test positive for COVID-19

CEPPWAWU responded to workers’ pleas after COVID-19 positive cases continued to increase at the factory. The first case at the factory was reported on 7 April. However, when the factory temporarily closed on 22 April, 99 workers had tested positive. The workers are on quarantine at home receiving treatment.

The management says the factory has been deep cleaned and that personal protective equipment and sanitisers will be provided to workers. Further, the workers will be screened, and measures taken as per the company’s international supply chain protocols. Transport will also be provided to and from work between shifts and social distancing will be practised when the factory reopens. The department of labour and employment has approved the reopening. GSK makes medicines, vaccines and consumer health products and is an essential service as per lockdown regulations.

Welile Nolingo, CEPPWAWU, general secretary said:

“When workers told us they were working in fear after their colleagues tested positive to the coronavirus we met with the management and agreed that the factory be closed. We reminded the employers of their responsibility to take swift action on COVID-19.”

CEPPWAWU coordinated through IndustriALL with the GSK European Works Council, chaired by Unite shop steward Tomas O'Curraoin. In the spirit of international solidarity, Tomas raised the South African case directly with GSK’s most senior management and ensured that the proper process was followed to protect the workers’ safety at the Epping site.

Tom Grinter, the IndustriALL director of chemicals and pharmaceuticals said:

“The health and safety of workers is critical, especially when faced with the COVID-19 pandemic. GSK employs IndustriALL affiliates’ members around the world, and we are working to expand our relations with this global pharmaceuticals employer.”

Recent statistics from the National Institute of Communicable Diseases (NICD) state that the Western Cape province is the epicentre of the coronavirus in the country, with 2,135 positive cases. According to the NICD, most infections take place at factories and shopping centres.

Some of the workers at GSK live in overcrowded conditions in informal settlements which make it impossible to exercise social distancing. The pandemic is exposing the poverty and inequality in South Africa with some informal settlements only managing to get regular supplies of water now because of government efforts to stop the spread of the coronavirus.

South Africa went on lockdown on 26 March which continues with some factories and mines opening, but under stringent conditions that include operating at 50 per cent capacity.

South African court blocks Mondi from exploiting workers

IndustriALL Global Union affiliates the Chemical Energy Paper Printing Wood and Allied Workers Union (CEPPWAWU) and the United Association of South Africa (UASA) argued that employers cannot change conditions in collective bargaining agreements without negotiating with unions.

The Mondi Group wanted permission to extend shifts from eight to 12 hours during the lockdown period without complying with existing collective agreements and wage rates. The company did not want to pay overtime and requested the Labour Court in Durban to allow it to suspend conditions in the collective agreements signed with the unions.

However, on 16 April the court ruled in favour of the unions and dismissed the application.

Welile Nolingo, CEPPWAWU general secretary says:

“We applaud the Labour Court for dismissing the application and for protecting workers rights to fair wages. Employers should never be allowed to tamper with collective agreements that we fought so hard for them to be signed.”

Tom Grinter, IndustriALL director for pulp and paper, says:

“We welcome the unions’ court victory against the Mondi Group. It is unacceptable that an employer tries to use the Covid-19 pandemic to exploit workers. Collective agreements should always be respected to protect workers’ incomes, especially for those reporting for duty at the risk of infection from the deadly coronavirus.”

The pulp, paper, packaging, recycling and tissue value chains are some of the industries designated as “essential services” according to the lockdown regulations in South Africa. The sector produces paper for printing, stationery such as note pads, for packaging and toilet tissue paper. Other products include hospital gowns, masks and personal protective equipment for medical use. Currently, the hygiene and medical products are crucial in the efforts to stop the spread of the coronavirus.

South Africa is one of the world’s top producers of pulp and paper for domestic consumption, as well as for exports. According to the Department of Environment, Forestry and Fisheries, the pulp and paper sector employs about 24,000 workers who are part of a value chain of over 150,000 workers. These include informal workers who supply recycled fibre to the paper mills.

Protecting workers’ rights during lockdown in Mauritius

The lockdown in Mauritius started on 20 March and will end on 4 May.

In a letter to the Prime Minister, IndustriALL Global Union affiliate, the Confédération des travailleurs des secteurs public et privé (CTSP), is proposing the introduction of a universal minimum wage to cater for workers who will lose jobs as a result of the pandemic. Further, the union wants the national tripartite forum to be set up immediately as per the provisions of the Workers’ Rights Act, as this will promote social dialogue during the pandemic.

Reeaz Chutto and Jane Ragoo, president and general secretary of CTSP respectively, say:

“The proposal of the private sector to move for the derogation of some sections of the Workers’ Rights Act (2019) is the worst signal that your government can send to the workers, if their wish is granted. The introduction of the Workers’ Rights Act has not been made to increase corporate expenditure. Workers consider it as a law that has restored social justice to the working class.”

Unions in Mauritius are against attempts to reduce the amounts payable for years of service under the Portable Retirement Gratuity Fund and describe this as “social blackmail” of the government by employers, especially as it comes with threats of job losses.

Unions also recommend setting up a solidarity fund to support informal sector workers. The banking sector, parliamentarians, corporates, and individuals will contribute to the proposed fund. Further, refunds to the private sector for training should go to the workfare programme that gives immediate assistance to retrenched workers to find other jobs or to go for skills training. The programme should also benefit contract workers and prioritize Mauritian workers in job placements.

The unions want amendments to the Operational Health and Safety Act to include provisions for workers’ access to hygienic facilities at workplaces. COVID-19 sensitization and basic hygiene campaigns should also include migrant workers and be made available in their native languages.

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

“The Covid-19 pandemic calls on us to reimagine the workplace in terms of workers’ rights, health and safety, decent work, and the future of work after the pandemic. It is commendable that the CTSP is taking this initiative.”