LABOUR AND SOCIAL JUSTICE IN THE MINING INDUSTRY LABOUR IS DEFINED AS: Practical work, especially when it involves hard physical effort. Workers, especially people who do practical work with their hands. All the effort and hard work that has been involved in doing a particular piece of work.

SOCIAL JUSTICE means: Social justice is the fair and just relation between the individual and society. This is measured by the explicit and tacit (inferred or unstated) terms for the distribution of wealth, opportunities for personal activity and social privileges. In the current global grassroots movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets and economic justice. (Wikipedia) The fair and proper administration of laws conforming to the natural law that all persons, irrespective of ethnic origin, gender, possessions, race, religion, etc., are to be treated equally and without prejudice. http://www.businessdictionary.com/definition/social-justice.html

Right to join trade unions; Right to safe work environment; THE LEGAL FRAMEWORK GOVERNING LABOUR RIGHTS AND TRADE UNIONISM IN THE MINING INDUSTRY There are three levels from which the right to organize is drawn and these are constitutional, statute and international law as provided below. Trade union rights as provided in section 65 of the new Constitution of Zimbabwe Right to join trade unions; Right to safe work environment; Right to strike; and Right to equal pay for work of equal value; and related freedoms such as freedom of assembly and association, freedom of expression provided in the Constitution.

The Labour Act [Chapter 28: 01] as amended provides in section 2; trade union as “any association or organization formed to represent or advance the interests of any employees or class thereof in respect of their employment.” The Act provides the following rights: Employees’ entitlement to membership of trade unions, section 4 Protection of employees’ right to democracy in the work place, section 7 Right to form trade unions or employers organizations, section 27 Requirements for formation of trade unions and employers organizations, section 28 Registration of trade unions and employers organizations and privileges thereof, section 29 Right of membership of registered trade unions and employers organizations, section 50 Supervision of election of officers, section 51 Right to union or association dues, section 52 Restrictions on payment of union dues by employers, section 53 Collection of union dues, section 54 Minister may regulate union dues, section 55. The Labour Amendment Act No. 5 was promulgated in August 2015 and it repeals section 55(e) and (f). This is welcome as it is in keeping with international labour standards.

INTERNATIONAL LAW Important to trade unions rights are International Labour Organization (ILO) Conventions which Zimbabwe ratified, among others: The Freedom of Association and Protection of the Right to Organize Convention, 1948 (C87); and The Right to Organize and Collective Bargaining Convention, 1949 (C98).

TRADE UNION PLURALISM There is a proliferation of unions in the mining industry but, with difficulty to join the employment council by the other unions which have not been party to it from its inception.

Right to join the Employment Council All the trade unions have the right to join employment councils as provided in section 65 of the new Constitution and right to collective bargaining.

Labour law reform and harmonization Rules governing the mining industry were made during and post-ESAP period but, are now overtaken by events. The current Constitution of Zimbabwe stipulates in section 171 (1) that: “The High Court has original jurisdiction over all civil and criminal matters throughout Zimbabwe.” This restores to the High Court of Zimbabwe jurisdiction over purely labour matters at first instance; whereas, section 89 (6) of the Labour Act expressly provides that: “Section 89 Functions, Powers and Jurisdiction of Labour Court (1) The Labour Court shall exercise the following functions— … No court, other than the Labour Court, shall have jurisdiction in the first instance to hear and determine any application, appeal or matter referred to in subsection (1).” LABOUR STANDS IN LIMBO

STATISTICS ON MINING ACCIDENTS AND LABOUR RIGHTS VIOLATIONS: MINING INDUSTRY Percentage Distribution of Injured Persons by Age Group, 2013 (Statistics courtesy of NSSA) AGE GROUP NUMBER 10 – 14 Years 1 15 – 19 Years 7 20 – 24 Years 75 25 – 29 Years 103 30 – 34 Years 96 35 – 39 Years 82 40 – 44 Years 74 45 – 49 Years 29 50 – 54 Years 24 55 – 59 Years 25 60 – 64 Years 8 65+ Years 3 Not stated TOTAL 530

Fatal Injuries by Industrial Sector, 2010 – 2014 Fatal Injuries by Sex, 2014 Courtesy of NSSA’s Annual Statistical Report 2014 As of 2014, Mining and Quarrying had the second highest number of fatalities after “Transport and Equipment Operators.” INDUSTRIAL SECTOR 2010 2011 2012 2013 2014 Mining & Quarrying 11 8 18 7 21 SEX TOTAL Male Female Mining & Quarrying 19 -

Exposure to dust especially gold mining there is gold silica CHALLENGES WITH OCCUPATIONAL SAFETY AND ENVIRONMENTAL HAZARDS: MINING INDUSTRY Falls-of-ground Exposure to dust especially gold mining there is gold silica Limited ventilation underground even at open space (surface) by the nature of extraction Exposure to mercury Ergonomic problems Poor lighting

WHAT THE UNION HAS DONE TO COUNTER THESE CHALLENGES The union has represented workers who have suffered from these shocks as and when called to duty; The union has engaged NSSA through the Workers Compensation Insurance Fund and related departments on occupational health and safety; The organizing department has been tasked to create awareness just as much as they would offer immediate remedies as they check pulse-rate where there is organized labour in mines. Introduced Funeral Cash Back Plan for membership and it is an on-going project. BASICALLY, DUE TO LIMITED CAPACITY, THE UNION HAS DONE LITTLE ESPECIALLY WHEN OUT OF THE EMPLOYMENT COUNCIL.

RECOMMENDATIONS FOR THE ATTAINMENT OF LABOUR AND SOCIAL JUSTICE IN THE MINING INDUSTRY Entry into the employment council for the mining industry will surely help overhaul the existing Collective Bargaining Agreement and related subordinate legislation Re-alignment of the new Constitution with existing labour laws Trade unions should cease hostilities amongst themselves Trade unions need financial and material support (capitalization) and improving conditions for their workers as they superintend their province Human Capacity Building for trade union officials, membership and management Gender Integration. Collaboration with the state and other technical partners

RECOMMENDATIONS FOR THE ATTAINMENT OF LABOUR AND SOCIAL JUSTICE IN THE MINING INDUSTRY IN CONCLUSION, ONE NOTES WOMEN ARE STILL IN THE MINORITY IN EMPLOYMENT IN MOST MINES AND TRADE UNIONS YET THEY ARE EQUALLY ABLE AND COMPETENT AS LABOUR.