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

exercising or for the anticipated exercise of any right” outlined in the Act. 307 The Act
appears to go beyond the ILO Conventions in giving those involved in union activities “the
right to obtain leave of absence from work in the exercise of” those activities, and states
that “the leave applied for shall not be unreasonably withheld by the employer.” 308
Zambia’s failure to ensure the right to association of workers, in particular to protect union
representatives from prejudicial acts, including loss of employment, doubtlessly has an
impact on other substandard conditions of employment addressed in this report, including
poor health and safety practices and long hours without adequate overtime. Workers,
particularly union representatives, expressed the view that they are unable to bargain
effectively, as the anti-union pressure means they have to choose between needed job
security and advocating more rigorously for improved conditions. Given the scarcity of jobs,
they overwhelming choose to protect their employment.
Intimidation against Union Representatives in Other Copper Mines
The two Chinese-run operations in which MUZ is absent are the only copper mining
companies in Zambia in which workers have been blocked from joining their preferred
mining union. But, while anti-union activities do not reach the same level, union
representatives from companies owned by other nationals at times voiced similar
complaints regarding prejudice against them. A union representative at the Kansanshi
processing plant, part of an open-pit mining operation in Solwezi owned by the Canadian
First Quantum Minerals (FQM), told Human Rights Watch that several active union leaders
were dismissed once their fixed-term contracts ended. The perception, according to the
representative, was, “If you speak out too much, they fire you.” 309 A union representative at
FQM’s mining operation similarly said his biggest problem was “intimidation” in citing a
number of prejudicial acts the company had taken as a result of his position:
Management has asked me to resign my position, and in return they would
promote me. I refused. They even tried to bribe me. If you talk too much,
they try to bribe you. Last week they told me that they were going to change
me from [a mining position I’ve been trained for] to a storeroom manager. I
am qualified for my job, not to be a storeroom manager. I refused the
change, and I was reported to management. They are just trying to
307 Republic of Zambia, Chapter 269: Industrial and Labour Relations Act, art. 5(c), (g).
308 Republic of Zambia, Chapter 269: Industrial and Labour Relations Act, art. 5(d).
309 Human Rights Watch interview with union representative at Kansanshi, Solwezi, November 12, 2010.
95 HUMAN RIGHTS WATCH | NOVEMBER 2011