Swazi trade unionist Wonder Mkhonza released on bail

After a month in prison on charges of sedition based on allegations of being in possession of political pamphlets, Mkhonza was granted bail of about USD1,750 and warned not to disrupt the elections when he was released.

Wonder did not dwell on hardships he faced in prison, immediately seeking out positive aspects of the experience.  “I was able to interact with the inmates in jail and understand their frustrations and their challenges. Some are there serving long sentences as they cannot pay even R250 (USD30) bail. When we achieve freedom in Swaziland, we must not forget to address their needs too, ensuring a humane new nation.”

What Mkhonza valued most of the experience was the opportunity to give solidarity to political prisoner Amos Mbedzi . “I was able to meet with Comrade Amos who serving an 85 years sentence in the maximum security prison on allegations of terrorism. Amos could have been living freely in South Africa but he chose to sacrifice his freedom because he understood that the freedom of South Africa is not complete if Swaziland is not free,” said Mkhonza. “We must not forget that he is in jail, his sacrifice must not be in vain and we must do everything to honour this sacrifice and ensure that there is democracy in Swaziland”

Mkhonza is Deputy General Secretary of the Swaziland Processing, Refining and Allied Workers Union (Sprawu) and the chairperson of the coordinating council of the manufacturing unions which are working towards a merger in Swaziland, a process supported by IndustriALL. IndustriALL joined efforts in Swaziland and internationally to draw attention to Mhkonza’s situation and secure his release.

South African affiliate, the National Union of Metalworkers of South Africa assisted Sprawu to make the bail. The international department of Numsa has been working closely with Wonder in support of the merger process.

“I appreciate the support that was given to SPRAWU, PUDEMO and to me and family personally” said Mkhonza. “Thank you also to our international allies who mobilised support for my release and their continued commitment to give solidarity to our struggle for democracy in Swaziland.”

Wonder is ready to get back to work building unity amongst workers and struggling for a free Swaziland. 

Intimidation and violence in Swaziland on May Day

Workers were trying to resist confiscation by police of a banner demanding the recognition of the labour federation, the Trade Union Confederation of Swaziland (Tucoswa). The second layer of leadership of Tucoswa decided to call off the rally. Why them? Because senior leadership of Tucoswa had been placed under house arrest by police for the day. 

The President of the federation Barnes Dlamini and First Deputy Secretary General Mduduzi Gina were arrested at a raid of the Tucoswa offices in the morning of 1 May, taken first to the police headquarters and then to their homes. In total five of the federation’s leaders were placed under house arrest including Secretary General, Vincent Ncongwane, Second Deputy Secretary General Muzi Mhlanga and Deputy Treasurer General Jabulile Shiba.

Police also tried to prevent workers gathering for the rally by offloading TUCOSWA supporters from buses at roadblocks set up throughout the country.

Tucoswa had gone ahead with plans for a May Day rally despite being unable to secure an urgent interdict against police disruption of the event. Leadership of TUCOSWA maintains that the court did not rule that they could not have a rally, just that the court could not give protection as the state refuses to recognize the federation, despite the court having urged government to do so.

A previous court ruling on the legality of TUCOSWA denied legitimacy to the federation on the basis of the lack of law to guide the court regarding registration of a federation in Swaziland. The ruling stated that Tucoswa should wait for amendments to the law and until such time, the government should reach an agreement for recognition with Tucoswa through a memorandum of understanding. Tucoswa leadership reports that the Swazi government has refused to enter into such an agreement. 

There has been a surge in human rights abuses in Swaziland in the last month. On 12 April, the day that the Swazi King declared a state of emergency now 40 years old, Wonder Mkhonza a trade unionist and political activist was arrested on charges of sedition for allegedly being in possession of pamphlets promoting the banned political party Pudemo. Mkhonza has been denied bail and is being held in a lengthy pre-trial detention at a maximum security prison. There are fears for his safety as the Swaziland police are known to use excessive force including torture.

At least three other political activists have also been arrested in April on similar charges. Also in the same month, Swaziland Independent Publishers and its editor Bheki Makhubu have been fined about Euro 40,000 or a two year prison sentence for scandalizing the court in two articles criticizing the judiciary on its treatment of fundamental rights. 

African unions commit to prioritizing sustainable industrial development

Participants recognized the particular challenges facing African countries including conflicts, lack of respect of workers’ rights and the fact that Africa has a wealth of mineral resources yet many people are living in poverty.

Development is constrained by a continuing reliance on mineral extraction, but the urgent need to diversify economies to add value is not being tackled by many governments in the region which still do not see industrial policy as a main concern.

Zwelinzima Vavi, General Secretary of COSATU, addressed participants and shared some of the lessons learnt by trade unions in South Africa. He called for a change to the growth model of reliance on the export of raw materials which supports continuing inequality and poverty: the only way to drive economies is through industrialization, particularly manufacturing, and creating decent jobs. Critically, Vavi told affiliates that South Africa cannot be successful if there is not industrialization in the rest of the continent.

Unions identified a number of key industrial policies to promote in the region. These include beneficiation of mineral resources, trade policies that support industrialization and development, investment in infrastructure, education, training and R&D, and support for skills transfer.

Affiliates gave examples of existing strategies that they are using. In Zambia unions engage with government on industrial development to maximize the benefits of natural resources, for example transforming copper into copper wires instead of exporting copper and importing wires. South African unions have worked with government to produce an industrial policy plan which identifies key sectors for job creation and puts in place job stimulation programs.

Having committed to prioritizing industrial development, affiliates identified actions to take. These include:

Call for the release of trade unionist Wonder Mkhonza charged with sedition in Swaziland

Mkhonza was arrested on 12 April during mass activities to protest the 40 year old state of emergency that bans political parties and that recently banned the only trade union centre in the country, the Trade Union Congress of Swaziland-TUCOSWA. Mkhonza is the chairperson of the coordinating council of the manufacturing unions which are working towards a merger in Swaziland, a process fully supported by IndustriALL.

Mkhonza is appearing at the high court on Wednesday 24 April. He has been denied visitation and has up to now not been allowed access to a lawyer. Our immediate concern is for Mkhonza’s safety and we are reminded of fellow Swazi trade unionist Sipho Jele who died under suspicious circumstances whilst in police custody in 2010.

IndustriALL has launched an international campaign to demand the immediate release of Wonder Mkhonza and that charges against him, which include sedition, be immediately dropped.  You can support the campaign here:

http://www.change.org/petitions/free-wonder-mkhonza

Actions by the Swazi government continue to be in contravention of ILO conventions and the African People’s Charter and the UN Human rights charters. We demand that the Swazi government stop the harassment of trade unionists. We also demand that the Swaziland government uphold internationally recognized right to freedom of association and recognize the legitimacy of the recently formed trade union federation in the country TUCOSWA

We further call upon the Swazi government to recognize the right to freedom of assembly and allow for citizens to engage in peaceful protest.  

We also call on all African governments to put pressure of the Swazi government end the 40 year state of emergency and embrace democracy.  

African trade union leaders received a report on the harassment of trade union leaders at a meeting of IndustriALL Global Union being held in Midrand, South Africa on 23 April. IndustriALL represents 50 million members in 140 countries. We represent workers globally across supply chains in the energy, mining, manufacturing and related sectors, including members of our Swazi affiliated unions.
 

PRESS CONTACTS:

For further information contact please contact IndustriALL Africa Regional Secretary Fabian Nkomo +27 (0)725157415.

Ghana tragedy claims lives of 17 illegal miners

Days prior to the tragic incident, the Minister of Lands and Natural Resources, Alhaji Inusah Fuseini reported that over 300 illegal miners died as a result of frequent mine accidents in 2011 and 2012.

Ghana had recently renewed efforts to clamp down on illegal mining, arresting more than 120 Chinese nationals involved in illegal mining in March. There has been an influx of foreigners that have come to the country to mine illegally.

Over and above this though, Ghana has a long standing issue of illegal mining, referred to in the country as ‘galamsey’. Illegal mining can be very dangerous as miners are ill equipped to take adequate safety precautions. These activities also pose risks to communities leading to environmental degradation, poor water quality as well as safety issues. 

Despite soaring gold prices in recent years, the abundance of mining activity and contribution of the mining sector to the economy, Ghanaians have not reaped benefits from mining in terms of jobs. There has been a significant decline in the contribution of mining to total formal employment and an increase in precarious work forms in the sector. There has also been a switch from labour to capital intensive mining leaving many miners unemployed as well as farming communities that have lost their land to make way for mining operations that are without alternative livelihoods.

“Such illegal activity that led to this tragedy takes place against a backdrop of desperation with no economic opportunities available to them that leads to people taking part in these dangerous and environmentally degrading activities,” said Prince Ankrah, General Secretary of the Ghana Mine Workers Union. “To address this as a nation, Ghana must develop policies that end precarious work, lead to job creation and certainty for a sustainable livelihood.”

It is estimated that over one million people are engaged in artisanal and small-scale mining (ASM) in Ghana and their labour produces a quarter of Ghana’s gold production annually, up from 9 per cent in 2000. However majority of their activities are unlicenced, informal and considered illegal.

Ghana has made efforts to improve licensing access and formalize ASM but these efforts lack sufficient depth. Whilst legal reform and enforcement is required and could address some of the worst practices found in the sector such as child labour and sexual violence, adequate support for ASM, such as  providing access to finance, tools, materials and training,  needs to also be developed to ensure that health and safety standards and environmental protection can be met. 

Bargaining victory for Zewu at last

Zesa, the electricity parastatal in Zimbabwe, had reneged on a collective bargaining agreement which compelled it to pay the lowest paid worker US$275 per month. As a result, Zewu took Zesa to a criminal court over the non-compliance. The state prosecutor argued that Zesa had deliberately refused to give workers their dues, saying the company had committed a crime by contravening the Labour Act.

The magistrate said in his ruling: “We have found Zesa guilty of non-compliance to the SI 50 (registration of the CBA) which compelled it to pay workers salaries increment for 2012. Facts against Zesa are overwhelming. When the CBA negotiations were being done in 2012, Zesa was part of the table and was fully aware of the creation of SI 50.With this and all other facts tabled before this honourable court, the state proved beyond reasonable doubt that ZESA is found guilty.”

The court ordered Zesa to pay a fine of US$400, comply with agreement and make restitution, requiring Zesa to pay workers US$60 million in salary arrears, failure of which property would be attached.

After the ruling there was jubilation among the 3,000 Zesa workers. Commenting on the ruling, Zewu President Angeline Chitambo said, “this serves as a great lesson to employers who are after overworking workers but underpay them…justice has prevailed over evil forces.”  

Chitambo was unfairly dismissed last year by Zesa for allegedly inciting workers to embark on industrial action over the company’s non compliance with the bargaining agreement. Together with her union, ZEWU, she continues to fight for her reinstatement.

Solidarity visit by Belgian union to Zimbabwe’s electricity union

De Potter, who is also an executive member of IndustriALL met with senior leadership of the Zimbabwe Energy Workers Union (Zewu) together with IndustriALL regional officer, Herman Ntlatleng before touring the proposed Zewu labour college during the second week of April 2013.

De Potter and Ntlatleng then joined the union in Nyanga for a strategic planning workshop. The workshop was opened by President Angeline Chitambo; “The strategic planning workshop will help in shaping the future of Zewu….we need to leave the workshop more united and focused.”

De Potter called on Zewu to use its strategic role to ensure that the rights of workers are upheld; ““You need to know that affordable energy is vital for any economic and future development, therefore it is essential for labour unions, especially you as a strategic player to persistently fight for energy security. Zewu must continue the fight for fair working condtions.”

Addressing the workshop Ntlatleng said the union must continue until justice prevails for President Chitambo and National Executive member Dennis Mukote to be reinstated back to their respective workplaces. You must not fold hands, pretending that all is well. If you keep quite, you will be helping the employer,” he said.

Chitambo was unfairly dismissed by Zesa after being accused of addressing a press conference last July, allegedly urging workers to embark on industrial action, following a salary dispute with Zesa. Mukote was also suspended on the same charge.

Ntlatleng reported on the campaign activities carried out by IndustriALL and its affiliates in the region and abroad against the suspension of Zesa workers and the dismissal of the union leaders.

Fighting back on contract work in Nigeria’s oil and gas sector

The Nupeng and Pengassan met in March to discuss the need to develop strategies to address precarious work centred on organizing and building unity amongst workers.

The unions noted an alarming trend amongst employers to convert permanent jobs to causal employment, aimed at maximizing profit, cutting labour costs and at depriving workers of their right to join a trade union.

In addition to recruiting contract workers and building common understanding between permanent and contract workers on the need for equal pay for equal work, there was agreement on the importance of working in solidarity with other unions in Nigeria on the issue of contract staffing, outsourcing and precarious work. Participants discussed the need for social dialogue and advocacy at an international level on the issue.

The two unions also put together an action plan for a campaign to be carried out over the next six months that includes information gathering, membership drives, awareness raising and high level meetings with government.

IndustriALL Project Coordinator, Augustine Adokou commented that the campaign efforts by Pengassan and Nupeng including unionizing precarious workers in the oil and gas sector would make a significant contribution to IndustriALL’s efforts on addressing precarious work globally.

Efforts on the campaign seem to already be well underway, with two articles published in the mainstream media on precarious work, drawing heavily from comments made by Hyginus Chika Onuegbu, Trade Union Congress of Nigeria River State Chairman and senior official of Pengassan. See articles attached.

The drama of Rusal Friguia workers in Guinea

Management vindictively responded to a workers’ strike action one year ago by forcibly halting production, leaving 1,030 permanent employees and 2,000 outsourced workers without pay since April 2012. Three of the IndustriALL Global Union affiliates in Guinea, mining federations of CNTG, USTG, and ONSLG national centres, organize the Rusal Friguia workers.

Since 2011, the Rusal Friguia management had refused to engage in collective bargaining with union representatives pretexting the difficult economic situation of the company. Management aggressively followed a tactic of intimidation and provocation of plant-level trade union representatives and workers. On 4 April 2012 Rusal Friguia’s workers launched a strike in protest of the management intransigence. Rusal Friguia immediately suspended its operations in the cities of Fria and Conakry, locking-out workers. In parallel, Rusal pressured the local Labour Court to declare the strike illegal. 

Government-arbitrated negotiations resulted in June 2012 in Rusal Friguia workers agreeing to lift the strike. But Rusal refused to end the lockout until unions accepted responsibility for the company losses during the strike, to which clearly workers refused.

What subsequently became apparent was the Rusal ambition to exploit the rich bauxite deposit called Dian Dian. In negotiations with the Guinean government, Rusal evidently demanded exclusive access to Dian Dian as a condition to reopening its Friguia operations.

Finally, early 2013, Rusal was awarded the contract to operate Dian Dian. The government announced publicly the imminent reopening of the plant in Fria. But as of today the situation remains unchanged.

The government provided financial compensation to workers for the last three months of 2012. But before that date, and since January 2013, workers have not received any income, many of them having to sell their belongings to survive. Workers are not the only ones affected by the crisis, with them the 120,000 inhabitants of Fria, living mainly thanks to the Friguia plant are plunged into a precarious situation.

IndustriALL denounces the plight of Rusal Friguia’s workers and residents of Fria and joins its affiliates in Guinea in calling for a quick and fair industrial settlement.

Mauritian trade unions mobilize against anti-worker legislation

In December 2012 the ministry of labour presented to Parliament for adoption a list of proposed amendments to the Employment Rights Act and Employment Relations Act, undermining the power of trade unions. Strong mobilization of various unions on the island forced the government to postpone the adoption of the bills, and several unions jointly submitted counter-proposals.

The trade union mobilization has continued since December, with several demonstrations conducted in the previous four weeks. The IndustriALL-affiliated CMCTEU distributed letters to MPs to raise awareness and call on them to vote responsibly.

Some amendments proposed by the unions have been included in the new text presented on 26 March to Parliament by the government. The ministry of labour initially attempted to undermine the industrial relations systems by allowing collective agreements to be reached by individual groups of workers without union affiliation, unions succeeding in having this change removed. The new law stipulates that all employees be provided with a contract of employment.

Despite these improvements, trade unions denounce a text that solidifies bargaining power in the hands of employers. The use of contract workers is still legally permitted for permanent jobs. The law fails to establish proper protections against unjustified dismissal. The employer sacks the worker first then justification for termination of employment is sought. The notice-period for termination of a contract is shortened from three months to 30 days. Unions cannot appeal to arbitration without the consent of employers. Solidarity strikes become illegal.

The adoption of this new text is scheduled for Tuesday 9 April. Unions maintain pressure to prevent the adoption of amendments to the detriment of the protection of workers and unions.

IndustriALL supports its affiliates in the campaign and denounces the amendments that target union power and undermine workers' rights.