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.

Sactwu stands firm on collective bargaining rights

The Southern African Clothing and Textile Workers' Union has responded to the ruling saying that the ruling does not set aside the minimum wage regime in the clothing industry. It also does not mean that non compliant companies now have the right to negotiate outside of the bargaining council system.  Sactwu General Secretary Andre Kriel stated, “For us, the bargaining council remains the only place where we intend to bargain. There will be no negotiations outside this forum.”

Whilst the ruling does not mean that the Minister will no longer in future be able to extend a bargaining council agreement to non-parties, it may set a bad industrial relations legal precedent.  The ruling comes a week after the Free Market Foundation, an organization promoting free market ideals, filed a constitutional challenge against the provisions of the Labour Relations Act that allows collective agreements made in bargaining councils to be extended to employers and employees who are not members of the councils.

“This brutal attack against our country’s democratically legislated industrial relations system, in particular its collective bargaining architecture, cannot be left unchallenged," said Kriel, speaking of the challenge. “We will mobilize to resist the reactionary, right wing economic and destructive intentions of the Free Market Foundation. Their intentions are not of any goodwill. It is nothing other than to create more and more exploitative conditions of vulnerable workers, to militate against our nation’s stated vision of decent work and to unleash a race to the bottom.”

Encouraging women activists in Ivory Coast

167 women workers from the oil and textile sector attended the conference on 15 March 2013 to encourage increased participation of women in the union. Two women activists received an award recognising their contribution to their union, which will hopefully inspire activism among others.

Project Coordinator Charlotte Nguessan urged women to participate in programs to combat HIV and AIDS in their places of work and in the family, in particular addressing stigma and discrimination. She spoke of how women are often rejected by their families when they test positive and the negative impact of denial on the take up of treatment to prevent mother to child transmission. Nguessan suggested that partners need to be encouraged to go for testing together when a woman is pregnant.

There was also an information session on the new Marriage Act in Ivory Coast presented by two representatives of the Association of Women Lawyers. The law has advantages for men and women. It allows for men to benefit from the pension of his wife upon her death. It has also reduced income tax levels for married women with children and workers have already seen their wages increase as a result of the new law.

Building Gender Structure in SINTIME, Module 5 and Final Evaluation

In Mozambique the final workshop of the project on building gender structures in the National Union of Metal; Metal-Mechanic and Energy Workers in Mozambique (SINTIME) ended on 15 March with a decision to continue and further develop this project.

In discussions with CAW, Canada and IndustriALL head office, Paulo Cayres, CNM-CUT President and Marli Melo do Nacimiento National Women’s Secretary, have proposed to host a study visit in Brazil of a group of participants, to further complete their training and provide them with practical experience of the daily union work.

Conducted by the CNM-CUT, the project is a result of international support from the Canadian Auto Workers (CAW) and IndustriALL in close cooperation with SINTIME. The goal of this project, which involves 25 women workers from our affiliate in Mozambique, is to transmit the experience of the Brazilian metalworkers in developing democratic gender structures at all levels of their union.

As Paolo Cayres, CNM-CUT President says:

It has been a fantastic experience, we have not come to “educate” women, we came to exchange experiences with our Mozambican comrades; in a certain sense, we are returning the solidarity that we received in the past from CAW and IndustriALL to develop the Brazilian women workers’ structures, which has greatly assisted CNM-CUT to advance equal rights and become an example for workers in other countries.

The project started in September 2011 and several top Brazilian women leaders have travelled to Mozambique to work on topics such as women and the labour movement, gender, trade union and human rights, women workers’ health, collective bargaining and women in the labour market.

The project seeks to respond to the difficulties expressed by the young women workers in Mozambique regarding their daily difficulties at work, the lack of opportunity to study and advance as a trade unionist, in addition to the lack of training on National and International labour standards which protect women workers.  SINTIME’s leadership has committed to continue supporting this project by continuing to involve these women participants in all other union building activities. CNM-CUT has further agreed to support SINTIME by sending union leaders to Mozambique to participate in organising drives that the union is carrying out this year.

Fernando Lopes, IndustriALL AGS, warmly thanked the participants and the CNM-CUT leadership for their commitment and hard work,

this is precisely the kind of fruitful South-South cooperation that IndustriALL hopes to develop with more affiliates in the future.

South African Unilever workers’ solidarity for Dutch colleagues

The Dutch workers, including cleaners, catering workers, security and receptionists, are members of fellow affiliate of IndustriALL Global Union, FNV Bondgenoten. The Anglo-Dutch food and chemical giant Unilever signed a deal with Sodexo in 2012 over the outsourcing of the company’s facility management services in Europe. Unilever rejected key demands of the Dutch workers being transferred to Sodexo to maintain core benefits including pensions and work guarantees.

South African workers at Unilever, members of the Chemical, Energy, Paper, Printing, Wood and Allied Workers Union, CEPPWAWU, stopped work in Boksburg from 1pm on 15 March and all day on 18 March urging Unilever management to negotiate a reasonable transfer agreement with FNV Bondgenoten.

The other reason for the Boksburg action is that a draft recognition agreement has recently been proposed by the local Unilever Boksburg management to be implemented, bringing serious changes to job classification and re-evaluation of the general operator position.

A CEPPWAWU shop steward at Unilever stated:

Also the solidarity action was an opportunity to show management our strength and unity given the current challenges that we are facing in South Africa. Amongst our challenges are concerns of salary cuts being implemented as part of restructuring efforts which effectively is a demotion of certain grades of workers, who carry on doing the same job as before.

Kemal Özkan, Assistant General Secretary of IndustriALL Global Union conveyed the International’s full support to the Boksburg workers’ strike action.

Unilever is a giant global conglomerate of consumer products, whose profits continue to rise. However trade unions throughout the world are being targeted with increased pressure from the employer, in a concerning global trend. International trade union networking of Unilever workers is acting to respond to this new aggression.