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

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

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To protect against problems associated with mining, ILO Convention No. 176 requires<br />

employers in mining operations to inform workers of the work’s hazards; to “take<br />

appropriate measures to eliminate or minimize risks resulting from exposure to those<br />

hazards”; to ensure “adequate protection against risk of accident or injury to health,”<br />

including through the provision and maintenance, at no cost, of personal protective<br />

equipment; and to provide first aid at the workplace as well as “access to appropriate<br />

medical facilities.” 106 The biggest problems in the Chinese-owned mines are the second and<br />

third requirements, on minimizing risks and providing adequate protection. Rather than<br />

eliminating or minimizing the risks, Chinese mine owners and managers appear to increase<br />

the risks through threats against workers who would prioritize safety over production.<br />

While these problems are discussed in more detail below, a doctor who had worked for<br />

more than a decade at the mine hospital for Luanshya Mine, which was owned and run by<br />

a Swiss-based investor until sold to CNMC in 2009, told <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>:<br />

The number of accidents under the Chinese has gone way up, we have seen<br />

this in the hospital. They’re not concerned about safety. There have been<br />

several fatal accidents since they took over, and we did not see many at all<br />

before them. I see lots of cases of crushed fingers as well, one just last<br />

week…. I can tell you from the hospital side, accidents are a major problem<br />

now. We see more than ever before. And most of these could be prevented<br />

<strong>if</strong> safety was prioritized. We need to sensitize the Chinese about the safety<br />

rules, about the labor laws, and they need to start following these. 107<br />

To bring attention to potential safety hazards, daily safety talks among work units—at the<br />

beginning of each sh<strong>if</strong>t—are fairly standard across the copper mining industry. A miner at<br />

the tailings and leach plant was one of several KCM employees to underscore their<br />

importance: “The company emphasizes safety talks before the job. These are done within<br />

our sections, for about five minutes in every sh<strong>if</strong>t before we start. Everyone takes part, and<br />

we talk about the dangers. These have reduced the number of accidents.” 108 Miners at<br />

Mopani and Kansanshi likewise mentioned daily safety talks in various departments. 109<br />

106 ILO Convention No. 176, art. 9. See also ILO Recommendation no. 183, paras. 19-20.<br />

107 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with medical professional at Luanshya Mine hospital, Luanshya, November 10, 2010.<br />

108 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with operator at the tailings and leach plant at KCM, Chingola, November 14, 2010.<br />

109 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interviews with an underground truck operator at Mopani, Mufulira, November 16, 2010; with<br />

operator A in the processing plant at Kansanshi, Solwezi, November 12, 2010.<br />

“YOU’LL BE FIRED IF YOU REFUSE” 36

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