IndustriALL – the voice of labour at Alternative Mining Indaba

The meeting runs parallel to the African Mining Indaba – the world’s largest mining investment conference, which is dedicated to the capitalization and development of mining in Africa. The Alternative Mining Indaba, which is in its eighth year, represents a diverse civil society grouping, from issue-based NGOs in the mining sector to labour, mining impacted communities and grassroots organizations, and faith-based organizations.  

Speaking about the meeting, IndustriALL’s Director of Mining, Glen Mpufane, said: “The peculiarities of the mining sector demand the building of strategic alliances with mining affected communities and stakeholders. The Alternative Mining Indaba has become an important platform to create a common agenda on common issues, recognizing the differences that might exist between the different communities of interest.”

These differences were glaringly exposed in a panel discussion on extraction of natural resources and how to promote broad-based sustainable growth and socio-economic development in Africa. The panel, which included a mining impacted community member from Zambia, Lawrence Mwanangombe; Environmental Justice Network representative, Rev Malcolm Damon; Amnesty International representative, Thabileng Mothabi, and the CEO and President of the International Council on Mining and Metals (ICMM) Tom Butler.

The panel raised critical issues in the mining sector ranging from the need for redistribution of resources, taxing mining companies, stewardship in the sustainable exploitation of natural resources, unfulfilled promises by mining companies, corporate injustices practiced by mining companies, and land grabs among others.

Both the African Mining Indaba and the Alternative Mining Indaba centre on the African Mining Vision, a development model for natural resource governance in Africa. Adopted by African countries in 2009, it has the long-term goal of attaining transparent, equitable and optimal exploitation of mineral resources to underpin broad based sustainable growth and socio-economic development. "It is therefore not about mining, but development," said Mpufane.

The voice of labour at the Alternative Mining Indaba was raised and carried by IndustriALL and the Southern Africa Coordination Council (SATUCC), which represents all the major trade union federations in the Southern African Development Community.  

The meeting ended with a march through the streets of Cape Town to the venue of the African Mining Indaba to deliver the declaration of the 8th Alternative Mining Indaba. The declaration was accepted by Tom Butler of the ICMM. 

South African union saves mineworkers’ jobs

Gold mining company AngloGold Ashanti issued a section 189 notice to the union on 20 January 2017 of its intention to lay off a massive 849 workers. A section 189 is a notification in the event of mass retrenchment, and is a formal legislative requirement.

The notice initiates formal consultations with unions. Failure to reach agreement with unions would lead to a mediated facilitation in terms of labour law.

The NUM successfully averted the planned retrenchment in negotiations with AngloGold Ashanti, saving all 849 jobs. The workers will be retrained and transferred to other areas of the company.

The NUM rejected the company’s retrenchment plans as insensitive to the high unemployment rate, and argued for alternatives. The job losses would have had disastrous consequences for mineworkers at AngloGold Ashanti, their families and the country. 

AngloGold Ashanti and the union entered into an agreement that would save the “over complement” jobs involved. The agreement entails a re-skilling of the affected workers and a transfer of others to the company’s other business units.

In what has been described as “robust negotiations” by the NUM’s mining coordinator for AngloGold Ashanti, Tafa Moya, an analysis of all the business units within the company was undertaken to determing labour needs and opportunities, with a view to finding a mutually beneficial solution.

This is in contrast to what AngloGold Ashanti did in Ghana: 3,100 mineworkers lost their jobs when the Obuasi mine was placed on limited operations, while a comprehensive feasibility study was undertaken that would see the mine become highly mechanised.

Moya said the NUM will meet with the company on Friday where AngloGold Ashanti will report back on where the workers will be transferred to.

Complimenting the NUM on this great achievement, IndustriALL Global Union assistant general secretary Kemal Özkan said: 

“This is another example that shows that mining companies, left to their own devices, will pursue profit above all else. The NUM has shown that by rejecting AngloGold Ashanti’s initial plan to retrench 849 workers, trade unions can fight back and protect the collective interests of their members”.

AngloGold Ashanti is a gold mining company with its headquarters in Johannesburg, South Africa. It is globally diverse, boasting seventeen gold mines in nine countries, and is the third largest gold mining company in the world measured by production.

Organizing in a fragile environment

PROFILE

National Centre: Federation of Somali Trade Unions (FESTU). FESTU is affiliated to the ITUC

Country: Somalia

Text: Walton Pantland

Omar Faruk Osman is the general secretary of FESTU. Osman is also general secretary of the National Union of Somali Journalists, and an executive committee member of the International Federation of Journalists.

The rule of law broke down in Somalia with the outbreak of civil war in 1991. The country has stabilized in the past few years, with a federal government formed in 2012, but the country is still dominated by armed groups and politicians who believe that they are above the law. Al Qaeda affiliate Al Shabaab, and other jihadi groups, stage terror attacks in attempts to seize power back from the government.

It is extremely difficult to organize unions in an environment where the rule of law is weak, and there is a severe security crisis. Union activists operate in a dangerous environment and cannot rely on the law to protect them. Their only leverage is collective action and international solidarity.

“Although the Somali constitution guarantees the right to organize and to protest, the government uses the security situation to undermine trade unions and civil society. Union meetings are often restricted, citing security concerns, and several have been violently broken up by security forces. If workers in a company try to form a union, the employer can hire a militia to intimidate or kill union leaders,” says Osman.

As a long time union activist, Osman is accustomed to danger: Somalia is the most dangerous country in the world to be a journalist, with 38 journalists killed since 2012. He narrowly survived an assassination attempt a year ago during a terror attack on a hotel where a union meeting was taking place, and the FESTU office has been bombed.

Unions operate under a climate of fear, and there are rumours that there is a death squad hunting down trade union leaders. This is unsubstantiated, but the rampant violence in the country is a perfect cover, and creates an environment of fear and paranoia that makes organizing very difficult.

As general secretary of FESTU, Osman stresses the importance of international solidarity:

“In such a fragile environment, what matters is international pressure. Our politicians care more about their image with world leaders than the plight of their people.

“Putting political pressure on international institutions, and international diplomats, to act in the interests of defending internationally recognized labour rights, including union rights, is very important.”

Despite the security situation, the Somali economy is performing well, much of it based on trade with the Gulf. The civil war, and the subsequent collapse of the state, meant that entrepreneurs were able to profit from previously nationalized industries.

Somali investors from the diaspora bought up infrastructure, and since 2012, multinational companies have moved in. The energy and telecommunications sectors have grown rapidly as companies form consortiums. Somalia has valuable untapped natural resources, including large reserves of uranium and natural gas. As peace returns to the country, the economy is expected to grow fast.

But with large profits to be made, there are attempts to restrict workers’ power. The government has created a petroleum company, and recently tried to form its own trade union to bypass legitimate representatives. IndustriALL has been working with Norwegian affiliate Industri Energi to support the creation and development of a union in the petroleum sector. A new union called the Somali Union of Petroleum & Gas Workers has been established. The union was accepted as an affiliate of IndustriALL at the executive committee meeting in Rio de Janeiro in October 2016. The work of developing the union is ongoing.

The trade union movement sees itself as protecting the needs of the people against profiteers:

“Multinationals want to invest in Somalia, and we have serious concerns that they will exploit the very fragile situation in our country,” says Osman.

“Our unions want to be involved in any discussion with multinationals from the outset, so that we are clear that whatever is happening reflects the interests of our people.”

Guinea ratifies ILO Convention C176 on mine safety

The Guinean National Assembly approved the ratification of C176 and three other ILO Conventions on 26 December 2016. They include C189 on Domestic Workers, C167 on safety and health in construction, and C187 on the promotional framework for occupational safety and health. 

IndustriALL mining affiliate in Guinea, SYNAMIC/ONSLG, has long pushed for better working conditions in the sector and lobbied for ratification of C176. The country has some of the world’s largest high-grade bauxite and iron ore reserves. Gold mining is also becoming increasingly important to the economy.

IndustriALL facilitator and SYNAMIC/ONSLG general secretary, Mamadou Saliou Diallo, said:

“Ratification of C176 by Guinea is extremely important because many accidents happen without recognition of the employer. And if the employer is faced with a complaint, they can put their lawyers into action, which the workers can’t. So it puts even more emphasis on the elimination of risks in the workplace.”

Guinea becomes the 32nd country to ratify C176. IndustriALL has a global campaign to improve safety in mines through ratification and enforcement of the Convention.

IndustriALL assistant general secretary, Kemal Özkan, said:

We sincerely welcome this move by Guinea to ratify Convention 176. We hope that the government will work with employers, labour inspectors and unions to see that it is enforced so that workers can carry out their jobs in safety.

 

Unions in Burkina Faso and Senegal fight back against precarious work

IndustriALL Global Union affiliates from Burkina Faso and Senegal gathered on 30 November and 1 December in Ouagadougou to take stock of the progress achieved through their fight against precarious work. In both Senegal and Burkina Faso, affiliates have actively fought the abusive use of daily and fixed term contracts for years.

Last September, after several months of labour conflict at the mining site of Bissa Gold, owned by Nord Gold in Burkina Faso, 750 temporary, fixed term contract, workers won permanent contracts. Two hundred temporary agency workers are expected to be directly employed as permanent workers by Bissa Gold.

This was the result of an active campaign and media exposure led by IndustriALL affiliate the general union Fédération des Industries Diverses (FID) and their confederation the CNTB, with the support of IndustriALL.

Nord Gold has announced that it will pay workers all unpaid overtime and holidays owed by its sub-contractor, Exterhum, as demanded by the workers. The case of 116 workers illegally retrenched in October 2015 is still at the labour court for a final decision.

In Burkina Faso in 2015, FID and the textile, garment and leather union the Fédération Nationale des Travailleurs du Textile, de l'Habillement et du Cuir (FNTTHC) recruited 548 new members from the precarious workforce.  Affiliates will take joint action on 7 December to denounce and demand the revision of a labour law adopted in 2008 that allows for the unlimited renewal of fixed term contract. Since the adoption of this law, the number of fixed term contract workers has exploded.

In 2016 in Senegal, the general union Syndicat Unique des Travailleurs des Industries Diverses du Sénégal (SUTIDS) successfully negotiated the regularization of 218 fixed term contract and daily workers out of 996 precarious workers working in 15 companies in the chemical sector.

The chemical union Syndicat National des Travailleurs des Industries Chimiques et Activités Rattachées du Sénégal (SYNTICS) successfully recruited 316 precarious workers. The lives of the workers who have been regularized have changed completely. Not only have their salaries increased, and sometimes doubled, they now have access with their families to medical care and they benefit from proper protective equipment.

In 2015, the unions launched a campaign to limit the use of day workers in their countries. As a result, in 2016, the unions are negotiating an amendment to the legislation on the use daily work at the national tripartite body.

The amendment aims to ban the use of daily work in core activities and to provide day workers with medical coverage and social protection. Affiliates plan another day of action in December to put pressure on both employers and government. IndustriALL affiliates succeeded in mobilizing several confederations and unions from services and agriculture for this campaign.

Lesotho: unions demonstrate to save AGOA

About 20,000 people from IDUL, the Lesotho Council of NGOs, and the Lentsoe La Sechaba social movement took part. The demonstrators called on the government of the small southern African nation to restore democracy and the rule of law after a coup in 2014. The political instability threatens Lesotho’s duty free access to markets in the United States through the African Growth and Opportunity Act (AGOA), which is vital for jobs.
 
IDUL has called on the government of Lesotho to comply with recommendations made by the regional co-operations body, the Southern African Development Community (SADC), to restore political stability. IDUL has 8,000 members who will be badly affected by job losses.
 
AGOA was introduced sixteen years ago by US President Bill Clinton, allowing a number of African countries duty-free access to US markets. AGOA transformed the economy of Lesotho, causing a 75 per cent growth in the garment industry, which is now the country’s largest private sector employer, with about 40,000 workers out of a total population of two million. An estimated further 200,000 jobs in transport, food and others areas are dependent on the garment sector.
 
Lesotho exports a quarter of a billion dollars worth of garments for US companies like Levi’s and Walmart every year.
 
But Lesotho’s access to AGOA is under threat: AGOA requires a commitment to political stability, democracy and human rights, and the 2014 coup has thrown the country into turmoil. After President Thabane suspended parliament to avoid a confidence vote, elements within the armed forces staged a coup. The president fled into exile and army commander Mahao was assassinated. A number of army officers were imprisoned and allegedly tortured.
 
The US has threatened Lesotho’s access to AGOA if the rule of law is not restored. SADC has intervened, and pledged to work with Lesotho to restore democracy, but the government has so far failed to implement SADC recommendations.
 
SADC recommends that the current army commander Kamoli resign, and that a criminal investigation into the death of Mahao is opened. Lesotho should also make structural and constitution changes to limit military interference in government.
 
Unions are calling on the government to adopt the recommendations and save the deal.
 
AGOA has transformed the lives of women. Eighty five per cent of textile workers are women, giving many financial independence for the first time, and the power to win paid maternity leave, and to challenge sexual harassment. These advances are threatened by the potential loss of AGOA.
 
Three other countries – Senegal, Madagascar and Swaziland – have lost access to AGOA for failing to comply with requirements for political stability and rule of law.
 
Last year, the US Congress voted to renew AGOA until 2025. The unions are calling on government to prepare an industrial development strategy for when this period ends.
 
IndustriALL assistant general secretary Atle Høie said:

“Lesotho’s workers, and particularly women workers, need AGOA. We call on the government to restore the rule of law, adopt the SADC guidelines and save the deal.
 
“The Lesotho government cannot be permitted to destroy progress made over the last years for these workers and the garment industry in the country. The international community must put pressure on the government to abide by the commitments in AGOA, which has made the industry and its workers prosper”

National campaign on precarious work in Uganda

The theme “Social dialogue is a key driver to realization of living wage and fight against precarious work in Uganda”, focused on how social dialogue can be used to stop precarious work and promote a living wage in Uganda.

IndustriALL National Coordinating Council Uganda presented a paper on the situatiion of precarious work in Uganda and how it is affecting the welfare of workers. This raised a number of discussions from worker’s leaders, government, members of parliament for workers and the general participants at large as Uganda is gearing for the middle income economy by 2021.

The Ministry of State for Labour, Employment and Industrial Relations were invited as guest of honour. A promise was made to organize a seminar for all CEO’s of major industries and factories to discuss the issue of precarious work and follow up on implementation of employment regulations in the country by employers.

Key discussions and resolutions:

Southern African Energy Network confronts challenges

Thirty-one delegates, including seven women, from Angola, Botswana, DRC, Malawi, Mozambique, Namibia, Swaziland, South Africa, Zambia and Zimbabwe met to discuss challenges that workers face in Sub-Sahara Africa and plan activities for the year ahead. 

The conference, which was supported by the FES organization, addressed issues such as job losses in the sector; organizing and labour laws in Zimbabwe; energy policy research; and energy and energy unions in Angola. Participants also received the SAEN secretariat report and a presentation on international platforms by the director of energy for IndustriALL, Diana Junquera Curiel.

Country reports showed that many unions are engaging in collective bargaining with employers and reaching agreements on wages and conditions. However, the conference  emphasized that the clause on essential services in labour law continues to be a problem for energy workers, making it impossible for them to exercise their right to strike. Nonetheless, NUM in South Africa told how they waged a successful strike despite the clause in 2016 but more work needs to be done to change the South Africa labour law. The conference called on all participating unions to challenge their governments to exclude energy workers in the definition of essential services in labour laws or amend them to cover the right of workers to strike in support of their demands for improved wages and conditions of employment.  

Particular attention was paid to Zimbabwe where there are continued job losses and economic difficulties for workers. Companies are closing down and workers go for months without salaries. When workers demonstrate to demand their wages from either the government or company, they are arrested by public order police. However, workers in Zimbabwe continue to organize members and fight for the improvement of working conditions and for workers to be paid.

The conference received a progress report on the draft research paper on policy framework for Southern Africa as commissioned by SAEN. The research document is in circulation for member unions to study and make comments for further input. This document is intended to help SAEN members engage with energy authorities and employers on energy policy to lobby for change.

In addition, the SAEN secretariat will organize capacity building workshops for the participating unions in 2016 in order to create a more effective network.

“It is important to develop and strengthen the network so that it is effective all year round. The energy sector in the region faces a great many challenges and the more we work together, the better we can overcome them,” said Junquera Curiel.

As part of the solidarity actions of the network, the conference agreed that organizing work must continue in Angola and assist in the capacity building of Angolan energy union, FSIMEQ, for its sustainability. Organizing work will be continued in DRC and Zambia.

In conclusion, the conference maintained its previous office bearers with the exception of the election of Joseph Kamuendo of ESCOM Malawi as the Chairperson of the network. Ndlela Radebe, Secretary of NUM in South Africa is the Secretary, Bohithetswe Lentswe of Botswana Power Corporation Workers Union is the deputy secretary, Martin Chikuni of Zimbabwe Energy Workers Union, is the committee member, Jonathan Peles of TUICO Tanzania is the deputy chairperson.

East African unions receive awards for organizing

Under the theme “building stronger IndustriALL affiliated trade unions in East Africa for economic and social justice”, a two-day workshop was held in Uganda in October.

The 22 participants discussed organizing strategies, best practice, achievements and challenges, aiming at unity and cooperation at the national and international level. A strategy paper, looking at introducing revised national legislation to counter the use of short-term employment contracts in Uganda and Kenya, was presented.

Discussions also touched upon the various occupational safety and health (OSH) policies used by unions when organizing new members, the key factors affecting organizing efforts, and practical solutions to overcoming organizing challenges.

A national organizing strategy booklet for IndustriALL affiliates in East Africa was introduced. The strategy aims to build union power and increase workers’ participation in union activities and programmes:

One of the strategic tools is the award for organizing new members into the union. Three unions were recognized for their outstanding performance in 2015

  1. Textile Tailors Working Union, Nigera, for having increased membership by 143 per cent
  2. Kenya Shoe and Leathers Workers Union, for a 20 per cent membership increase
  3. Amalgamated Union of Kenya Metal Workers having increased membership by 4.25 per cent

Trade unions protest one year after Mariana mining disaster

The disaster occurred on 5 November 2015 at a Samarco Mineração S.A mine in Mariana, Brazil, and the region has still not recovered. IndustriALL Global Union affiliates will take action and seek a response from the company.

“On 3 and 4 November, the first meeting of the BHP Billiton global trade union network will be held in Belo Horizonte to have a political debate about how to confront the multinational.

The day after the meeting will be the first anniversary of the disaster on 5 November, when all the unions representing BHP Billiton employees will meet in Mariana to extend their practical solidarity to affiliates and the affected communities. We are going to send a message to the company that we want it to take responsibility,” said Glen Mpufane, director of IndustriALL Global Union’s mining sector.

One year ago, a dam holding back waste collapsed at a mine run by Samarco Mineração S.A, owned by Vale and BHP Billiton, causing the biggest environmental disaster in the history of Brazil. A flood of toxic sludge caused 19 deaths, affected flora and fauna, and several people remain unaccounted for.

On 17 November, Samarco signed a preliminary commitment to Brazilian inspectors, promising to allocate $US 260 million to fund a series of emergency measures that included the prevention, mitigation, remediation and compensation for the environmental and social effects of the incident.

In August 2016, inspectors took legal action against Samarco, which had not complied with the agreement to pay compensation to 105 families. On 10 October 2016, the Minas Gerais public prosecutor ruled at a hearing in Mariana that Samarco should pay compensation to 28 of the affected families.

“BHP needs to be held accountable for the environmental disaster and for their collective bargaining practices. And that is why it is important for trade union leaders to travel to Brazil for the BHP network meeting. Australian unions will be proud to be there alongside the global trade union movement,” said Tony Maher, national president of the CFMEU, Australia.

IndustriALL affiliates that belong to the BHP global network will meet on the eve of the anniversary of the environmental disaster and attend the protest on 5 November. They have produced a video to publicize the event.

Lucineide Varjão, president of the CNQ/CUT and joint president of IndustriALL’s mining sector, and Edson Bicalho, general secretary of FEQUIMFAR-Força Sindical, reiterated the importance of speaking on behalf of the affected workers.

The new IndustriALL general secretary, Valter Sanches said:

I wish trade unions and social movements success in their solidarity mission to investigate, protest and extend their solidarity regarding the tragedy caused by Samarco, BHP and Vale. The idea is that we can reach agreement on how best to confront the company’s strategy and ensure that nothing like this can happen again.