“You'll Be Fired if You Refuse” - Human Rights Watch

In response to Human Rights Watch’s concerns, CNMC said that its companies had
“harmonious” relations with the unions. 302 CNMC did not directly address the issue of
prejudice against union representatives in several of its companies, however. For NFCA,
the letter said the existence of yearly collective bargaining negotiations and the company’s
decision to avoid downsizing during the 2008 economic crisis demonstrated “the sincere
collaboration” between management and the unions. For CCS, the issue of prejudice was
not addressed in the letter. 303 Concerns were more directly addressed with regards to Sino
Metals. The letter stated that “Sino-Metals clearly supports the union in its lawful work and
in fulfilling its legitimate union responsibilities; it welcomes and encourages the union to
monitor the company in various aspects of its work.” 304 It is unclear if the company has a
different conception of “legitimate union responsibilities,” as the response does not
accord with Human Rights Watch’s interviews with union representatives. The CNMC letter
further identified initiatives that Sino Metals has undertaken to improve managementunion
relations, including financial support for the union’s activities as well as the
provision of office space and a canteen; regular meetings between the company’s general
manager and a union representative; support in recreational and sporting events; and
regular communication. The CNMC letter also states that any worker is able to lodge a
complaint on any matter at any time. 305 Despite these stated initiatives, nearly all the
miners and union representatives from Sino Metals who spoke to Human Rights Watch
described an environment of intimidation, as described above.
Management at another CNMC company, China Luanshya Mine, appears to have instituted
a positive initiative that has been more felt by the miners. The letter notes that there is
consistent dialogue between management and union representatives and routine
meetings in which the unions and workers can voice problems to the human resources
department. 306 Miners and union representatives from China Luanshya Mine indeed
expressed very few problems related to union activity, and, while this specific initiative
was not mentioned, the union representatives did on several cases extol concerted efforts
of engagement by the Chinese management at that company.
Zambia’s Industrial and Labour Relations Act accords employees the right to participate in
union activities as well as the “the right not to be dismissed, victimized or prejudiced for
terminated once the term ends. People fear losing their job, so they don’t join a union.” Human Rights Watch interview with
artisan fitter B at NFCA, Chambishi, November 15, 2010.
302 Letter from CNMC to Human Rights Watch, October 8, 2011.
303 Ibid.
304 Ibid.
305 Ibid.
306 Ibid.
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