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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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children covered. Workers at Chambishi Copper Smelter (CCS) are covered along with a<br />

spouse and, since 2011, one child. Miners from Sino Metals can have two children<br />

covered, up from one in 2010. One miner at CCS told <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>,<br />

Another big problem is medical [coverage]. Most companies cover all<br />

children, but in our case, it was only last year that they covered the spouse<br />

and this year they added one child. We said that it’s not enough, how can<br />

we pick one child to receive care? 149<br />

As in other areas, like pay, hours, and safety standards, the Chinese companies have<br />

made improvements, extending coverage to dependents. However, as in these same other<br />

facets, the progress is gradual and leaves them well behind other multinational mining<br />

companies in the country.<br />

Company Safety Officers without Authority<br />

Zambian law provides two lines of defense against abusive safety practices: safety officers<br />

employed by the mining companies themselves and government safety inspectors in the<br />

Mines Safety Department. The latter, discussed in more detail below, are largely ineffective<br />

due to a combination of underfunding, understaffing, and corruption. This puts pressure<br />

on the company safety officers to ensure that safety regulations are followed.<br />

The ILO conventions make mine safety a priority. ILO Convention No. 176 gives workers the<br />

rights to “request and obtain, where there is cause for concern on safety and health<br />

grounds, inspections and investigations to be conducted by the employer and the<br />

competent authority” and “remove themselves from any location at the mine when<br />

circumstances arise which appear, with reasonable just<strong>if</strong>ication, to pose a serious danger<br />

to their safety or health.” 150 Zambia, as a party to the convention, is obligated to “take all<br />

necessary measures, including the provision of appropriate penalties and corrective<br />

measures, to ensure the effective enforcement” of these provisions.” 151<br />

Workers and union officials with whom <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> spoke repeatedly voiced,<br />

however, that across the Chinese copper mining operations, these safety officers have almost<br />

no authority to protect workers. A national union official at NUMAW told <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>:<br />

149 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with smelter operator B at CCS, Kitwe, July 16, 2011.<br />

150 ILO Convention No. 176, art. 13.<br />

151 Ibid., art. 16.<br />

“YOU’LL BE FIRED IF YOU REFUSE” 50

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