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

African countries and industries, “there are some common trends, such as tense labour
relations, hostile attitudes by Chinese employers towards trade unions, violations of
workers’ rights, poor working conditions and unfair labour practices.” 8
In September 2009, the United Kingdom-based Rights and Accountability in Development
(RAID) released a report on Chinese mining operations in the Katanga region of the
Democratic Republic of Congo. While it found abusive labor practices across the industry,
RAID’s survey showed that conditions in the Chinese companies ranked worse than
competitor companies from the United States and Europe, “with unanimous agreement
that Chinese companies do not comply with the Congolese mining code and other laws
and regulations.” 9 This resulted in, among other things, commonplace accidents and
health hazards. 10 The Chinese companies in the RAID study were almost all privately
owned and relatively small; those in Zambia, by contrast, fall under the enormous Chinese
state-owned company (or parastatal) CNMC.
In response to recurring labor complaints, and the “risks that limited oversight brings to
China’s long-term interests in Africa,” China’s Ministry of Commerce issued in August
2006 “a set of policy guidelines ‘to strengthen regulations in order to avoid conflicts … in
order to protect the national interest.’” 11 In January 2008, SASAC, which oversees stateowned
companies including the one operating in Zambia’s copper mines, likewise
issued “instructing opinions” on corporate social responsibility, urging parastatals to
improve labor rights, safety and health standards, and environmental protection. 12
Guideline 7 of the instructing opinions admonishes state-owned enterprises to “give top
priority to ensuring work safety, safeguarding the legal interests of employees, [and]
promoting career development,” while guideline 13 says that “safe and healthy working
conditions and living environment are necessary to ensure the health of employees,
prevent any harm of occupational and other diseases to employees.” 13 In Zambia, CNMC
is failing to follow the SASAC guidelines, and it is unclear what efforts the company is
making or has made to follow them.
8 African Labour Research Network, Chinese Investments in Africa: A Labour Perspective, Anthony Yaw Baah and Herbert
Jauch, eds. (Windhoek: African Labour Research Network, 2009), p. 13.
9 RAID, Chinese Mining Operations in Katanga, Democratic Republic of Congo, September 2009, p. v, 8.
10 Ibid.
11 Haglund, “In It for the Long Term?,” p. 632 (quoting People’s Republic of China, Ministry of Commerce, “Explanation
regarding the suggestions for strengthening the human safety and protection of workers for Chinese enterprises and
organizations overseas,” August 31, 2006, http://hzs.mofcom.gov.cn/aarticle/bk/200608/20060803022750.html).
12 Peter Bosshard, “China’s environmental footprint in Africa,” SAIIA Policy Briefing No. 3, April 2008, p. 6; Haglund, “In It for
the Long Term?,” p. 632.
13 SASAC, “Guidelines to the State-owned Enterprises Directly under the Central Government on Fulfilling Corporate Social
Responsibilities,” guidelines 7, 13.
“YOU’LL BE FIRED IF YOU REFUSE” 16