2010 Annual Survey of violations of trade union rights – Zambia

Population: 12,900,000
Capital: Lusaka
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

The right to strike was again undermined as striking nurses faced police intimidation and the threat of dismissal. On several occasions workers took strike action because of their frustration at the way employers, including the government, ignored or delayed collective bargaining. The right to strike is severely limited in law.

Trade union rights in law

A number of limitations on trade union rights apply despite initial guarantees. While the Constitution provides for freedom of association, there can only be one union per industry. Furthermore, workers in the prison service, judges, court registrars and magistrates are excluded from the Industrial and Labour Relations Act, and the Minister also has discretionary powers to exclude certain categories of workers from the scope of the Act.

While the right to collective bargaining is secured, it is almost impossible to call a lawful strike, as all strikes are subject to a long series of procedural requirements. Strikes can also be discontinued if found by the court not to be “in the public interest”. Police officers can arrest workers without needing a warrant if they are believed to be on strike in an essential service, the list of which exceeds the ILO definition.

Trade union rights in practice and violations in 2009

Background: Zambia was hit hard by the global economic downturn as the price of copper slumped and thousands of jobs were lost in the mining industry. Zambia remains one of the world’s poorest countries, with 60% of the population living below the poverty line. In August Frederick Chiluba, who was President of Zambia from 1991 to 2002 and a former General Secretary of the Zambia Congress of Trade Unions, was cleared of corruption charges after a six year trial.

Trade union rights flouted: Trade union rights are widely flouted particularly in the mining sector, which is dominated by foreign owners, notably Chinese investors who are often accused of intimidating behaviour. The Zambia Congress of Trade Unions (ZCTU) has expressed concern at the government’s failure to apply labour legislation, particularly when it comes to Chinese investors. The increasing number of sub-contractors in the mining industry makes it harder to organise the workers, and when trade unions do succeed they are often faced with employers who try to avoid social dialogue.

Because the right to strike is subject to a long series of procedural requirements, in practice it is almost impossible for workers to hold a legal strike. Employers take advantage of this to declare strikes illegal and dismiss labour activists.

Legal strikes futile: As a result of lengthy procedural requirements making it almost impossible for workers to hold a lawful strike, no legal strike has been held in Zambia since 1994.

Intimidation of striking nurses: On 18 June, during a month long health workers’ strike, armed police were sent to the University Teaching Hospital (UTH) in Lusaka, Zambia’s largest hospital, to stop the nurses from carrying out their strike within the hospital premises. They had gone on strike to press for improved conditions of service. Nurses were then given an ultimatum on 25 June to return to work by 29 June or be sacked.

On 28 June, police officers disrupted a meeting organised in the hospital by striking nurses at the UTH, ordering them to abandon the meeting. The following day police in Ndola, wearing riot gear, broke up a gathering by striking nurses from the Ndola hospital at the Kansenshi cemetery.

The police arrested five of the nurses (Anna Mulio, Nancy Mwila, Matilda Mukobe, Ireen Kunda, of the Ndola Central Hospital (NCH) and Susan Nampemba, of the District Health Management Team (DHMT0) and charged them with illegal assembly. The nurses had chosen to gather at the cemetery after being instructed not to hold meetings in government hospitals. The acting Police Chief for the Copperbelt region told the media that police officers had been deployed in all hospitals and clinics to stop the so-called “illegal” gatherings.

The health workers’ strike was called off further to a meeting between the Health Minister, the Zambia Congress of Trade Unions (ZCTU), the Zambia Nurses Union Organisation (ZUNO) and members of the clergy. As a result of that meeting, the government agreed that nurses’ allowances were too small and promised to set up a technical committee to look at how to meet the nurses’ demands.

Striking miners dismissed: On 13 November, police officers were sent to disperse hundreds of mine workers at the Konkola Copper Mine, on the fourth day of their strike. There had previously been some violent incidents, although the union pointed out that is was largely due to the massive frustration felt by the miners at the failure to address their demands. The National Union of Miners and Allied Workers (NUMAW) said that the company had given the workers an ultimatum to return to work or lose their jobs, declaring the strike illegal. It refused to resume talks until the miners returned to work. The strike was called off and talks on demands for better working conditions and pay resumed. In early December however, Konkola Copper Mines dismissed at least 40 employees for their role in the strike.

University frustrates collective bargaining: At the end of December the University of Zambia Lecturers and Researchers’ Union (UNZALARU), the University of Zambia and Allied Workers Union (UNZAAWU) and the University of Zambia Professional and Senior Staff Association (UNZAPROSSA) warned that the current situation at the institution was potentially explosive . In June, all members of staff at the university had gone on strike after the university management failed to meet outstanding contractual obligations and facilitate meaningful collective bargaining. The strike was called off after assurances that a solution to the unions’ concerns was being sought. By December however nothing had changed. Furthermore the Minister of Education had ignored numerous requests by the unions for a meeting with her. At the end of the year two of the organisations at the university were still negotiating for improved conditions of service for 2009. The unions stated that the management with the full backing of the university council had done everything possible to delay and frustrate the collective bargaining process.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec4d2e&skip=0&coi=ZMB&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Zambia

Population: 11,000,000
Capital: Lusaka
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Trade union rights are widely flouted in the mining sector, which is dominated by Chinese owners.

Trade union rights in law

Restrictions on freedom of association: Workers, apart from police officers, have the right to form and join trade unions. All unions must be registered, but must have at least 25 members in order to do so, and there can, in principle, only be one union per industry.

Anti-union discrimination is prohibited by law, which provides for redress, including reinstatement for workers fired as a result of union activities.

Collective bargaining: Collective bargaining is recognised and in the private sector is carried out through joint councils. Civil servants negotiate directly with the government.

Restrictions on the right to strike: Workers have the right to strike, except those engaged in essential services, which exceeds the ILO definition by including fire fighting, sewerage, and certain mining operations.

Workers enjoy certain legal protections against an employer’s retribution for strike activities. However, the right to strike is subject to a long series of procedural requirements, so it is almost impossible for workers to hold a legal strike. As a result, no legal strikes have been held in Zambia since 1994.

The Industrial and Labour Relations Act empowers a police officer to arrest someone without needing a warrant, if they are believed to be on strike in an essential service or are likely to damage property. Police can impose a fine and up to six months’ imprisonment. The ILO has said that this punishment is disproportionate and has asked the government to amend it.

Revisions of labour laws: The government has been requested by the ILO for many years to amend the law to remove the above-mentioned restrictions and bring it into line with the principles of freedom of association.

Trade union rights in practice and violations in 2008

Background: In November, the acting Vice-President, Rupiah Banda, won the presidential elections following the death of Levy Mwanawasa. The opposition, which was defeated by a small margin, said the vote had been rigged. In recent years the unions have continuously complained about the worsening social climate in the mining industry, which is mainly owned by Chinese investors who are often accused of intimidating and brutal attitudes. Several projects for setting up export processing zones (EPZs) are planned or being developed. The project that has progressed furthest is in Chambishi, where China has said it will shortly be setting up 150 companies.

Mass dismissal of strikers and arrest of seven trade unionists: On 5 March, 500 striking workers at the Chambishi Copper Smelter (CCS) were sacked by their employer. The day before, seven branch officials of the National Union of Miners and Allied Workers (NUMAW) had been arrested by the police after a battle had broken out between 500 workers and 200 Chinese foremen, resulting in at least three people being injured. The workers, employed to build a foundry, had gone on strike on 3 March to demand pay increases and better safety conditions. The union officials were released, and the workers were reinstated after some intensive negotiations.

Trade unionist is beaten and dismissed: In early June, again in Chambishi, Richard Sinkala, a union member working for another Chinese company, NFC (China Non-Ferrous Metal Industry’s Foreign Engineering & Construction Company), filed a complaint that he had been assaulted by Ma Jong, a Chinese engineer. Richard Sinkala had repeatedly complained about the inadequate financial compensation paid to the family of a worker who had died from an occupational accident. After spending a few nights in prison, the engineer was released for lack of evidence. The trade unionist was sacked.

Violations of union rights in the mining industry: The fundamental rights of workers and their representatives are being increasingly flouted in the mining industry. There are more and more sub-contractors, and those trade union delegations that do manage to set up are faced with employers trying to avoid any social dialogue. One specific result of this trend is that occupational accidents, which are often fatal, are constantly rising.

Expulsion of 24 Indian strikers: The situation faced by foreign workers recruited by these foreign investors is not always any better. In May, 24 Indians were summarily repatriated to Bombay after being identified as the ringleaders of a strike involving over 300 of their compatriots employed by Onshore Construction Company, an Indian sub-contractor hired to build a copper foundry in Chingola. The workers were complaining about their pay and working conditions.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cabdc&skip=0&coi=ZMB&querysi=trade&searchin=title&display=10&sort=date