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.

6,000 jobs to go at state-owned mines in Botswana

On 7 October, the government of Botswana announced that it was closing its largest copper and nickel producer BCL Limited with immediate effect.  BCL Limited, which was put into provisional liquidation on 9 October, owns the BCL copper mine in Selebi Phikwe and the Tati Nickel Mine in Francistown.

IndustriALL Global Union affiliate, the Botswana Mine Workers Union (BMWU), says workers are gripped in shock and disbelief following revelation of the closures, which came without any warning.  

Latest reports are that all the 5,500 workers at the BCL mine and 700 workers at Tati will have their contracts terminated at the end of the month. These do not include an estimated 1,000 contractor workers at BCL. Some miners will be reemployed by the liquidator to care for and maintain the mines until February 2017.

“The situation is extremely unfair on the workers. We have a retrenchment agreement but the liquidator does not want to fulfill it. He thinks it is not a contractual agreement for shareholders and only wants to pay the bare minimum. Since the liquidator was appointed we have been unable to meet with him,” said Jack Tlhagale, President of the BMWU. “We don’t believe there is a good reason to close the mines. These mines should be reopened.”

IndustriALL Global Union has written to the Vice President of Botswana, Mr Mokgweetsi Masisi, calling on the government to reverse its decision to shut down the mines and to engage with BMWU.

BMWU says government claims that it has been pumping money into BCL are untrue and the last time it injected cash into the BCL mine was in 2003. The union argues that BCL can be profitable if managed correctly, and that the government should also have made financial provisions for the normal fluctuations in commodity prices, which are expected to recover in 2018.

In the meantime the government has failed to terminate employees with any decency: “Workers need to be repatriated,” said Tlhagale. “They are living in company houses and have nowhere to go.”

BMWU says the government has failed to explain how workers on anti-retroviral treatment and other medical conditions will be treated, or clarify what will happed to the school-going children of employees subsidized by the company.

IndustriALL’s general secretary, Valter Sanches, said: “The rash decision to close the mines and cut thousands of jobs is a catastrophe for the miner workers and their families. The government must do everything in its power to reverse the decision, save jobs and rebuild the mining industry in Botswana. The government cannot just toy with lives of workers and their families. They deserve at the very least to be treated with respect and dignity.”

On 11 October, BCL Mine pulled out of a US$337 million deal with Russian-owned Norilsk Nickel Africa to buy its 50 per cent share in the Nkomati nickel operation in South Africa. Commentators say that the reason for putting the BCL into provisional liquidation is protect it to exposure from creditors, including the failed purchase of Nkomati. 

Action in Nigeria on 7 October

South African metalworkers win 35% wage increase

IndustriALL Global Union affiliate the National Union of Metal Workers of South Africa (NUMSA) has settled a dispute with the Automobile Manufacturers Employers’ Organisation, the employer body that includes automobile manufacturers Nissan, Ford, Toyota, BMW, Mercedes Benz, Renault and VW.

The agreement will see a 35 per cent wage increase spread over three years, with 10% in the first year, 8% in the second year and 8% in the third year. The agreement will also provide a 20% shift allowance, and increases in transport and housing subsidies.

NUMSA action spokesperson Patrick Craven said:

“We feel this is a good deal in the circumstances, and we’re very pleased that our members have endorsed it. In other sectors, tough negotiations are proceeding.”

NUMSA declared a dispute with the employers’ group in July. After prolonged negotiations, an agreement was reached and signed on 12 September. This is the first time in nine years that an agreement was reached in the sector without strike action. In 2013, a strike by NUMSA in both manufacturing and components caused severe disruption in the sector.

NUMSA general secretary Irvin Jim said that while negotiations went smoothly in the auto manufacturing sector, strike action was looming in the components sector, because of employers’ failure to make a meaningful offer.

NUMSA is fighting the fragmentation of bargaining councils in the sector, and is still in dispute with the Fuel Retailers Association and the Retail Motor Industry Organisation.

“We wish to inform bosses in the sectors where negotiations are going on to come to the party and make meaningful offers. We will move very swiftly from now onwards to mobilize workers to push employers in sectors still negotiating to swiftly complete the current round of negotiations,” said Irvin Jim.

Helmut Lense, IndustriALL director for the Automotive and Rubber sectors, said:

“This is a good negotiated settlement for NUMSA members in the auto manufacturing industry. Employers in related sectors need to come to the table with a meaningful offer, and end the uncertainty in the sector.”

South Africa’s growing auto manufacturing sector is an import contributor to the country’s GDP and exports.

Young and Unionized

The workshop, with representatives of unions affiliated to IndustriALL Global Union in South Africa, Namibia, Botswana, Swaziland and Lesotho was held on 5 and 6 September, with the support of the Friedrich Ebert Stiftung.

The workshop was attended by 20 people, nine of them women, who debated how best to organize young people in unions. The ILO defines youth as being 15 to 24 – a group that is vulnerable to exploitation when they become formal or informal workers in Africa.

By contrast, most unions define youth as members who are under 35. While this ensures that young workers who gain late entry to employment still have access to youth programmes, affiliates must be encouraged to consider varying needs; the needs of a young teenage worker are different than a worker who is in their early thirties.

Participants pointed out that unions needed the youth to be representative of the workforce. The African continent has a young population and the typical worker in our workplaces is under 35 years old. This is to some extent reflected in our unions in Southern Africa where there is good youth participation in structures especially those close to the ground but also increasingly in leadership roles. However, this is not the case in all affiliates in the region. In some unions there is a resistance to development of youth members. This is reflected in poor commitment to education generally in many union and to internal development of structures to ensure active and democratic participation.

Intense discussions were held on whether unions needed youth structures in the union or if these structures enabled youth issues to be sidelined by lack of support and resources. Concerns were raised that without structures youth issues would not be prioritized in the union. Participants agreed that at the very least unions should have youth policies which address representation and enable youth programmes.

Participants agreed that unions need to transform to organizing to be inclusive and give all members a role in organizing, from retired members to share experience, to older members mentoring younger ones and young members that inspire youth to join the union. Unions need to recognize that many young workers are also parents of young children and a supportive environment will encourage their participation. Participants also noted that these inclusive approaches must ensure that there is no discrimination based on sexual and gender orientation in our unions. 

Participants had a lengthy discussion on education, defined as skills or knowledge based. Whilst unions have a role to play in ensure young workers have access to skills development, worker education was identified as critical to ensure that class struggle continues to be fuelled with young blood. Participants proposed that independent worker education, already established in some countries, is networked by IndustriALL in the African region to ensure that young members of affiliated unions can access education programmes.

Participants agreed that a key campaign for youth in the region is the living wage campaign as youth in the region can be defined as the working poor. They proposed that the living wage campaign is taken up at a regional level across all sectors. The African Youth Charter has progressive clauses that can be used to encourage industrialisation and making available resources to young people to productively contribute to their communities and the economy. Participants motivated that an IndustriALL regional youth structure could engage with the African youth movement at the AU level.

Participants went through the proposal put forward by the Youth representative of Latin American affiliates and have endorsed this. A least one of the participants will be able to present on behalf of the region at the Youth meeting taking place in Rio before the Congress where it is hoped the proposal of youth collectives will be adopted.