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

II. Health and Safety
Sometimes when you find yourself in a dangerous position, they tell you to
go ahead with the work. They just consider production, not safety. If
someone dies, he can be replaced tomorrow. And if you report the problem,
you’ll lose your job.
—Underground miner at NFCA, November 2010 93
Copper mining carries serious health and safety risks in both the mining and processing
operations. Underground copper mining is particularly dangerous, with at least 15
recorded fatalities in Zambia every year since 2001 and numerous other serious injuries
and long-term health problems incurred. While accidents are not unique to the Chineseowned
mines, union officials, miners who had worked in Chinese and non-Chinese
operations, and even government representatives who spoke to Human Rights Watch all
said that the Chinese copper operations were the worst for health and safety conditions.
Miners from the Chinese-owned operations describe safety regulations that are routinely
flouted. While the companies employ Zambian safety officers officially tasked with
monitoring compliance with national safety procedures, they are given almost no authority;
final decisions on whether to work in potentially dangerous areas rests with the manager,
generally the Chinese manager, alone. Those who spoke with Human Rights Watch said
Chinese bosses routinely force workers to continue in areas considered unsafe—under
threat of being fired should the worker refuse—resulting in health problems and accidents.
In order to hide the extent of the safety problems, several Chinese-run copper operations
appear to deliberately underreport accidents; at times, they bribe workers—often without
difficulty, given low salaries—not to report them.
The government’s Mines Safety Department, situated in the Ministry of Mines and Mineral
Development, is tasked with enforcing the country’s mining regulations. 94 However, the
department’s grossly inadequate staffing and funding as well as the very low fines that can be
imposed—eliminating any real deterrent effect—have made the agency largely ineffective.
As discussed below, Zambia has not effectively enforced either domestic or international
labor law in the Chinese-owned copper mines in Zambia. The International Covenant on
93 Human Rights Watch interview with mechanic at NFCA underground mine, Kitwe, November 15, 2010.
94 See generally, Republic of Zambia, Chapter 213 of the Laws of Zambia: Mines and Minerals Act, 1995 Edition (Revised).
“YOU’LL BE FIRED IF YOU REFUSE” 32