DIA Insa Ben Said, Labour Education Specialist

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Presentation transcript:

GSC and trade union strategies, Lomé TOGO Workers' rights in EPZ and GSC: FOA/CB DIA Insa Ben Said, Labour Education Specialist Decent Work Team, South and East Africa, ILO Pretoria dia@ilo.org

INTRODUCTION: Using image http://www.ilo.org/actrav/media- center/video/WCMS_436134/lang-- fr/index.htm http://www.ilo.org/actrav/media- center/video/WCMS_437245/lang-- fr/index.htm

Good practices Social dialogue around mining operations, to resolve tensions between the government, mining companies, workers and communities. For example, relations worsened due to uncertainty about new mining taxes and royalties introduced by former President Michael Sata in 2011, but dialogue was resumed under Edgar Lungu in 2015. Industrial disputes must be resolved through the negotiation of better wages, safety conditions and restoring confidence between parties. All actors in the Zambian mining sector are thus committed to taking part in a permanent social dialogue to ensure that the possibilites for job creation and mining operations are not wasted and workers' rights are respected and maintained. The ILO in Zambia has facilitated this social dialogue between tripartite representatives and foreign investors and the results are positive: all stakeholders appear satisfied with the results obtained: the government, for example Ministry of Social Services and Labour • Zambian trade unions, the Employers' Federation • Zambia Chamber of Mines • Mining departments abroad held or managed by Copperbelt • Ambassadors from countries of foreign investors and key donors • Civil society organizations and international NGOs

Local ownership: Zambia The 2006 Citizens Economic Empowerment Act promotes shareholding by Zambians and participation by Zambian SMEs in mining exploration. Some categories of mining and mining rights are reserved for Zambians. By formalizing the small-scale sector, the emerald industry in Zambia has flourished. In Lufwanyama district in Copperbelt Province, the Zambian government has supported the merger of around 400 owners of emerald sites in 10 mines on a large scale. They have created cooperatives or enterprises in partnership with foreign investors. This has stimulated the production of emeralds in Zambia with clear benefits in terms of returns in job security for local small-scale miners. The association of Zambian women in the mining industry has played a major role in ensuring better returns for women working in the small-scale mining of precious stones.

STRATEGY FOR A SUCCESSFUL INCLUSIVE MINING POLICY IN AFRICA: Case study: Zambia Formalize the small-scale mining resulting from mining operations for people working in this sector Create legal frameworks and programmes that encourage small-scale miners to form mining cooperatives or collectives by formalizing their status and organizing among themselves Actors involved: government, employers, workers' organizations, the ILO and international partners

International framework agreements (IFA) are an example of good practices that are based on healthy professional relations to regulate GSC The added value of IFA with respect to other initiatives comes from the fact that they are the result of direct negotiations between representatives of the management and workers within an MNE. Looked at from a trade union perspective, IFA should lead to more democratic professional relations and, thus, better working conditions throughout international supply chains. They have the potential to set up trade union networks, promote trade union freedom and collective bargaining, and help to organize workers in trade unions in subsidiaries and at suppliers of MNE.

The new version of the Declaration should extend its application to supply chains. A first step could be carried out by including provisions in the Declaration on reasonable diligence with respect to human rights similar to those mentioned in the United Nations Guiding Principles. The UNGP imposes a general obligation on MNE to prevent or mitigate breaches of basic rights related to labour standards in all of their GSC. This obligations may be included in the Declaration on MNE. Nonetheless, it is important that any update to the Declaration takes it tripartite nature into consideration. Regulation of GSC in the Declaration on MNE should be based on healthy working relations and include local and international trade unions.

Mediation procedures "Inditex and Total signed their agreements in the presence of the ILO secretary general, who was also invited to be a witness to the signing of the Chiquita IFA; the ILO's participation can give additional credibility and legitimacy to agreements. But this is not enough. “The ILO could work on the training and qualification of a group of mediators or arbiters responsible for helping with dispute settlement and improving compliance with IFA. " International Framework Agreements: F.Hadwiger