Making a change for a HIV free Zambia

Located in Chingola in Zambia’s Copperbelt, which is responsible for the production of about 60 per cent of the country’s copper production, KCM is the major employer in the area with an estimated total workforce of 28,000, of whom 20,000 are contract workers.

The VCT campaign was co-sponsored by the District Aids Task Force (DATF), KCM and IndustriALL Global Union. Events started with an awareness raising march that led to the KCM mine club, where KCM and the District of Chingola office made available councilors and testers whose aim was to test 1,000 people during the day.

The event was well attended by workers, their families as well as members of the community, who were provided with food and drinks and t-shirts to commemorate their participation.

“The spirit was jovial and even heavy rains did not spoil ours plans,” reports Africa Project Coordinator Paule Ndessomin. “By the early afternoon the target was reached, a total number of 1,009 people were tested with 47 found to be HIV positive.”

All those that tested positive were given referral letters to the main hospital for further tests and the District official gave his assurance they will be looked after.

IndustriALL affiliates in Sub-Saharan Africa acting against precarious work

Unions in the region have driven the adoption of legislation related to the use of precarious work. For example, the campaign in Senegal on precarious work, led by the SUTIDS (Syndicat Unique des Travailleurs des Industries Diverses du Sénégal) has resulted in the promulgation of a Presidential Decree on private employment agencies and workers employed by outsourcing companies in 2010. This law set limits on the use of precarious workers, promotes joint liability for precarious workers on the user-enterprise and equal treatment for precarious and permanent workers. Since the promulgation of the bill, the union has been working closely with labour inspectors to ensure that employers comply with this new legislation. Companies had to terminate their contract with subcontractors which were not complying with the new decree. Similar legislative developments have occurred in Nigeria and Guinea.

Through the project in Mozambique, SINTIQUIAF (Sindicato Nacional dos Trabalhadores da Indústria Quimica e Afins) has been able reinforce the use of social dialogue. All the stakeholders, including temporary work agencies, have met and explored how to improve compliance with the legislation regulating precarious work. The close cooperation of trade unions with the ministry of employment and labour inspectors has already led to the denunciation of cases of violation of the law in regard to contract work.

Particular focus continues to be made by the trade unions on recruiting precarious workers and in gaining permanent status for precarious workers. All affiliates participating in the project have increased their membership in 2012.

2012 marked the start, in this region, of the second phase of the precarious work project, which is supported since it began in 2009 by the Finnish trade union solidarity centre, SASK. IndustriALL Global Union is running this project in 9 countries: Nigeria, Mozambique, Mauritius, Senegal, Guinea, South Africa, Namibia, Burkina Faso and Niger. Seventeen affiliates of IndustriALL have been participating and have been able to achieve noteworthy results that could inspire other affiliates worldwide.

From 2013 the project will target 4 new countries thanks to the support of ACV-CSC Building Industry Energy (BIE): Cameroun, Togo, Mauritania and Democratic Republic of Congo (DRC). Furthermore, participants have designed a strategy to involve all affiliates of IndustriALL Global Union in their countries in future project activities.

Ghana must ratify mine safety convention

As reported by the Ghananian Chronicle Mr. Prince William Ankrah, GMWU General Secretary called for the ratification of the International Labour Organization mine safety convention as it is the “surest safeguard for mining safety in our sector and no amount of improvisation in whatever form by our governments can negate its relevance”.

Ghana, Africa’s second biggest producer of gold, has failed to ratify the Convention and its recommendations for the past 16 years.

The Convention was adopted on 22 June 1995 at the 82nd Session of the ILO General Conference at Geneva, Switzerland. The Safety and Health in Mines Convention, 1995 (No.176) is central to achieving decent work in an industry, which has occupational safety and health as its main challenge.

Part of the fight for achieving mine safety around the world is through ratification of ILO Convention 176 on safety and health in mines. This convention sets out guidelines on inspections, accident reporting and investigation, training, hazard control and a worker’s right to participate in workplace health and safety decisions and to remove themselves from danger.

As of today, 26 countries have ratified ILO C176. See the list of countries to have ratified here.

When it comes to occupational health and safety, governments and employers have responsibilities – workers have rights.

ILO issues recommendations to Russia and Belarus

Concerning the complaint of the Confederation of Labour of Russia (KTR), case no. 2758, the committee recommended discussing the joint proposal of the KTR and the Federation of Independent Trade Unions of Russia (FNPR), regarding the complaint within the framework of the Russian Tripartite Commission, and taking legislative steps towards remedying various problems with union and labour rights in the Russian law.

It also strongly recommended excluding leaflets of the Interregional Trade Union of Autoworkers (ITUA), an IndustriALL affiliate, from the federal list of extremist materials, and ensuring that will never happen again. http://www.industriall-union.org/archive/imf/fighting-for-decent-work-is-extremism.

The ILO has also recommended investigating allegations of anti-union persecution of Valentin Urusov, trade unionist sent to prison for six years, and to release him immediately if these allegations turn out to be true.

At its sessions the ILO supervisory body has also reviewed the measures taken by the Government of Belarus to implement the 2004 recommendations of an ILO Commission of Inquiry on case 2090, started more than ten years ago. The Committee deeply regretted that the Government had once again failed to reply to the Committee’s previous recommendations and to the new allegations of freedom of association violations. It urged the Government to be more cooperative in the future.

The executive body has considered 32 cases and named five countries committing serious violations: Argentina, Cambodia, Ethiopia, Fiji and Peru.

All five cases are based on consistent violations of workers’ right to organize, collective bargaining and social dialogue.

Referring to the crisis in Greece, the ILO has also examined an extensive deficit of social dialogue in austerity measures taken in the country and highlighted the need for ILO assistance.

Putting unity into action in the DRC

The Conference was a success as it was able to agree on the policy issues which will shape how the union will build itself, contest and win shop-steward elections and hold a congress in 2014,

reports Kenny Mogane, Project Coordinator for IndustriALL.

Le Syndicat du Travailleurs Unis des Mines, Metallurgie, Energie, Chimie et Industries Connexes (TUMEC) is a relatively new union in the mining, energy, chemicals and industrial sectors. Recently formed by a group of worker leaders wishing to build a stronger union of united workers, TUMEC promotes worker participation in decision making and seeks to confront trade union challenges in its sectors.

The conference was attended by 62 delegates from around the country, who worked on how to mobilize members to participate in shop-steward elections in 2013 and the National Congress in 2014. The conference also dealt with constitutional matters and discussed financial autonomy.

The conference adopted a road map for the election campaign and a strategy to target large workplaces to popularize the union in various branches and mines.

Namibian strike ends in settlement at Nampower

Workers resolved to challenge Nampower that provides full medical aid coverage after retirement for workers employed before 2004 but not for those who joined the company after. The situation also affects medical coverage for workers employed after the cut off point that are medically boarded.

Workers agreed to return to work on 21 November, satisfied with the wage and housing allowance deal that was reached between Nampower and the IndustriALL-affiliated MUN. The parties have agreed to the process and timeframe to resolve the dispute on medical aid benefits for workers after retirement or medical boarding.

Glencore-Xstrata merger approved

On 20 November in Zug, Switzerland, IndustriALL Global Union joined again with the Swiss Greens Party, and a number of civil society activists in front of the venue of Xstrata’s extraordinary shareholder meeting to demonstrate against the merger between commodity giants Xstrata and Glencore.

The merger to create a new natural resources powerhouse, Glencore Xstrata International, was approved by Xstrata shareholders on 20 November but without paying a multimillion-pound retention package to senior Xstrata managers as recommended by the board. The merger still requires approval by the European Commission, which has said it will give its ruling by 22 November, and from competition authorities in China and South Africa.

Xstrata and Glencore are among the top 20 firms on the London stock market and will have operations in 33 countries. Once the deal is complete they will be able to compete with bigger rivals like BHP Billiton, Vale and Rio Tinto. This vote eliminates an obstacle to Glencore chief executive Ivan Glasenberg’s plan to create the world’s fourth-largest mining company. IndustriALL Global Union has publicly condemned the deal.

“We are here to remind them that a vote for the deal is a vote for greed, any reasonable and sensible person would not vote for this merger, if the past is anything to go by and considering their track record we should be very afraid”

said Glen Mpufane during the demonstration in front of the venue of commodities trader Glencore's extraordinary shareholder meeting in the Swiss town of Zug.

In South Africa, the National Union of Mineworkers (NUM), the National Union of Metalworkers of South Africa (NUMSA) and South Africa’s energy utility Eskom have lodged intervention applications appealing against the Competition Commission’s recommended approval. The Competition Tribunal will hear the applications on 10 to 14 December 2012.

“IndustriALL Global Union and its alliance of partners and civil activists are going to be in the face of this new entity. We are going to hold them accountable and we will continue to demand that they do the right thing and become good corporate citizens if they are capable of that”

said Glen Mpufane, IndustriALL Global Union director for Mining and DJOGP.

IndustriALL Global Union’s protest against the merger was led principally by three of IndustriALL Global Union’s largest mining and metals affiliates, the United Steelworkers Union of America and Canada, the Construction, Forestry, Mining and Energy Union of Australia (CFMEU) and the National Union of Mineworkers of South Africa (NUM).

Eliminate violence against women

The day is designated in memory of three political activists in the Dominican Republican – the Mirabal sisters – who were brutally assassinated by the regime of dictator Rafael Trujillo on 25 November 1960.

The International Day for the Elimination of Violence Against Women also marks 25 November to 10 December, to emphasize the connection between women, violence and human rights, which encompasses 25 November, the 1 December World Aids Day, the Montreal Massacre of 6 December 1989, when 14 female engineering students were gunned down in Canada for being feminists, and 10 December, Human Rights Day.

Violence against women is an act that results in or may result in physical, sexual or psychological harm or suffering to women. Violence against women can occur in private, such as in the home, or in public. These forms of violence can be rape, domestic violence, trafficking, forced prostitution, sexual exploitation, sexual harassment, female genital mutilation, forced marriage, an arm of warfare and murder, inexorably linked to the problem of HIV-AIDS and gravely impacting on women’s rights. Prevention activities need to take place alongside efforts to reduce violence against women and girls. These programs must address the interconnection between gender and socioeconomic inequality and vulnerability to HIV/AIDS.

Gender-based violence is due to the pervasive system of injustice that perpetuates the dominance of men and the subordination of women and is the most glaring example of gender inequality. Gender-based violence adversely affects the world of work. It is described by many as the world’s worst human rights violation. At least one in three women worldwide are estimated to have been forced to have sex, physically beaten or otherwise abused. Apart from the human suffering, there is an economic efficiency argument to eliminating violence against women. Due to life-long discrimination and job stereotyping, most women work in low-paid and low-status jobs with little control or decision-making power or scope for bargaining. They are over-represented in atypical and precarious jobs which are risk factors for gender-based violence including sexual harassment and sexual abuse. Moreover workplace violence can take the form of bullying and mobbing.

The economic crisis is likely to have exacerbated violence against women. Women’s situation is more precarious and thus more vulnerable, which increases the likelihood of violence.

The interplay between domestic violence and gender-based violence at work has become increasingly clear. The victim may even be stalked by the abuser at work, with all the ramifications that this would have for the other employees. The poor job performance by the person concerned affects the whole workplace and decreases everyone’s productivity. The victim suffers from low self-esteem and stops interacting with the outside world. Absenteeism goes up, poor staff relations ensue.

A recent UK study estimates that domestic violence costs the economy 2.7 billion pounds (4.2 billion USD) a year in reduced productivity, lost wages and sick pay. In the United States in 2011 The Novartis Pharmaceuticals Company was found liable in one of the biggest-ever sexual harassment and discrimination cases and ordered to pay 3.3 million USD in compensation and 250 million USD in damages to 5,600 women who were also entitled to seek additional awards of up to 0.3 million USD each.

Unions in male-dominated industries should lead the campaign to stop violence against women. Partnership between women and men must be fostered in order to create an environment which nurtures peace and development. Unions should fight gender-based violence through collective action of men portraying this as a sign of strength and not of weakness. Working with men to eliminate violence against women will be a giant step on the way to gender equality.

Many countries have passed stronger laws to tackle the problem of violence against women. There are a number of regional treaties that have enshrined laws to stop the violence. Nevertheless the workplace itself can be a platform for the prevention of violence. Collective bargaining can be a basis for tackling violence. Equality agreements which provide for transfers and monetary compensation for victims of domestic violence are one more tool.

Sanction of the Xstrata Glencore merger challenged

Whilst the European Union is still considering the merger in terms of its anti-trust regulations, it has advised Glencore to spin off some of its zinc assets. In South Africa, while the Competition Commission has recommended approval of the merger contingent upon certain conditions being met by Glencore, NUM, NUMSA and South Africa’s energy utility Eskom have lodged intervention applications appealing against the Competition’s recommended approval. The Competition Tribunal will hear the applications on 10 to 14 December 2012.

Glencore is a leading global trader in a number of key commodities including coal that also has shareholding interests in mining production of coal and anthracite. Xstrata is one of world’s largest exporters of thermal coal and one of the largest producers of coal used to make steel. In South Africa there is overlap, as both are miners of thermal coal and in the service of coal traders for export of their production.

IndustriALL Global Union has publicly condemned the deal, it has participated in protests against the deal and has requested meetings with Glencore that were rebuffed by CEO Ivan Glasenberg.

The National Union of Mineworkers (NUM) raised concerns to the Commission stating “Glencore as a bigger producer will probably fix prices for all the targeted firms as opposed to current individual operations who have latitude to agree on a price with a purchaser of the mineral”. The NUM also opposed the retrenchment of 180 workers that would arise from the merger and took issue with the fact that over 50 per cent of the merging parties’ workforce are contract workers. Thus more than 9,000 workers have no job security and are put at risk by the merger.

Eskom is highly critical of Glencore that it is establishing itself as the gate keeper of South Africa’s coal exports and says it has little interest in developing and maintaining the South African domestic market. It claims that Glencore’s philosophy is diametrically opposed to that of Eskom and the public interest, “Eskom perceives Glencore’s end game to be the introduction of an export market related price factor for coal”.

The National Union of Metalworkers of South Africa (NUMSA) has also submitted an intervention application citing concerns in line with Eskom’s submission on the increased risk to coal supply and price, undermining the utility’s ability to generate electricity on a reliable, stable and sustainable basis. Numsa charges that the Commission has not given sufficient consideration to the likely risks on downstream industries in the value chain, especially those that are energy intensive users.

Numsa also raises the issue that the recent retrenchment of 295 workers at Siltech, a subsidiary of Glencore, was omitted by parties deliberately to reduce the stated effect on jobs of the merger and was not considered by the Commission.

IndustriALL Global Union supports NUMSA, NUM and Eskom in their intervention applications to the South African Competition Tribunal and wish to remind the Tribunal and the Xstrata Shareholders who will be voting on the deal next week that a vote in favour of the deal is a vote for Greed.

South African workers' protest violently put down at Xstrata

Workers went on an unprotected strike when Xstrata failed to take action against a white manager at its Kroondal chrome mine after he assaulted a black worker allegedly for refusing to sign a wage deal without union representation.

On 2 November, 400 striking workers, roughly two thirds of the workforce, were dismissed but protest action continued. On 8 November, police violently broke up the protest firing rubber bullets, injuring 8 workers, one critically, and arresting several workers. Injured workers are unable to access medical care as Xstrata has suspended their medical aid.

The National Union of Metalworkers of South Africa (Numsa) suspected that some police might have fired live ammunition at protestors, however the union was being denied access to injured and arrested workers to establish this.

Then on 12 November, police shot at protestors chasing them into the township whilst continuing to fire on the fleeing workers. Police shot one of the workers at close range in front of a local ward counsellor that was there to assist with resolving the dispute. Three workers were arrested.

Numsa reports that police have denied the union access to arrested workers, requiring lawyers to intervene. There are also allegations made by arrested workers of police brutality whilst in detention.

Numsa has criticised the police for intervening in what is an industrial relations matter that needs to be resolved through negotiations with the union. “Xstrata calls in the police to do their dirty work, who without even assessing the situation, shoots at workers and chases them,” says Steve Nhlapo of Numsa. “Workers were not undisciplined in their protest but police are using excessive force and trying to intimidate them into submission but this is only making workers more angry.”

Numsa proposed that in order to resolve the matter to the satisfaction of workers, the manager could be suspended pending a hearing by an independent arbitrator. Xstrata maintains that an internal hearing found that there was insufficient evidence to discipline the manager and mine management are refusing to budge on the matter.

Meanwhile workers at Xstrata’s three ferrochrome smelters in South Africa are also on strike, demanding higher wages and transport allowance. Xstrata is attempting to have workers sign individual contracts in an attempt to undermine Numsa and the resolve of striking workers.