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

There is no guarantee that every [accident] is reported. We suspect that
there are some hidden by [the mine operators]. They know if something
happens... or if they have broken some rules or regulations, they will be [in
trouble]. So they keep quiet, because once we know, they’ll be fined. 202
As noted above, despite being questioned on this by Human Rights Watch in each
interview, no miner from the other multinational copper mining companies in Zambia
said that they experienced pressure from their management to underreport accidents.
Workers at both Mopani and Kansanshi cited no issues with underreporting. At the
Indian-owned KCM, one underground miner said that, at times, the miners themselves
choose to underreport accidents in which there is property damage or minor injuries
because the company provides a bonus for good safety practices that is tied to the
number of accidents that occur in a month. 203
In CNMC’s letter to Human Rights Watch, NFCA did not directly respond to allegations of
underreporting and said that workers could bring complaints to the Mines Safety
Department. 204 CCS said that it “has yet to uncover any pattern of underreporting.” 205 Sino
Metals indicated that it “has neither the practice of deliberately underreporting accidents
to the Mines Safety Department, nor the practice of preventing Zambian personnel from
reporting accidents.” 206 It continued, “As long as the Zambian manager believes there is
need to report an accident to the Mines Safety Department, the Chinese manager has
never once stopped him from doing so.” 207
Chinese copper mining companies whose employees deliberately underreport accidents
as a result of management’s pressure are not acting in accordance with ILO Convention No.
176. For its part, the Zambian government is failing to meet its obligations under the
convention to provide a protective environment in which workers have the right “to report
accidents, dangerous occurrences and hazards to the employer and to the competent
authority... without discrimination or retaliation.” 208
202 Human Rights Watch interview with Bright Kateka, Deputy Chief Inspector, Mines Safety Department, Kitwe, July 28, 2011.
203 Human Rights Watch interview with mechanic at KCM, Chingola, November 14, 2010.
204 Letter from CNMC to Human Rights Watch, October 8, 2011.
205 Ibid.
206 Ibid.
207 Ibid.
208 ILO Convention No. 176, art. 13.
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