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

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A national-level official at MUZ who works on safety issues said that the government safety<br />

department’s general ineffectiveness was particularly damaging in the context of the<br />

Chinese-run mines:<br />

A major problem is that MSD has inadequate support. It’s quite d<strong>if</strong>ficult for<br />

them to be monitoring the mines all the time, as they are very understaffed,<br />

they are very few.… The other issue is that the employer must have the will to<br />

ensure safety. So there’s the political will from the government, and then the<br />

company’s will. If [the political will] is there, things are okay. But since the<br />

government is giving inadequate support, it comes down to the companies.<br />

With the Chinese, it’s a sad story. It’s been d<strong>if</strong>ficult to get them to the<br />

standards. The safety officers, at NFCA for example, are just a rubber stamp.<br />

They are controlled by the management and can’t say anything—often they<br />

don’t even report accidents, as they’re just protecting their jobs. Compare this<br />

to some of the other mines, to the systems at Chibuluma or KCM. <strong>You</strong> can see<br />

the programs in place when safety departments have something to add. At<br />

those places, there are internal audits to discover potential safety problems. 221<br />

When asked by <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> about the department’s shortcomings, Bright Kateka,<br />

deputy chief inspector in the MSD, described a severe understaffing and underfunding of<br />

the department. He said that although the MSD has nine allotted positions for machinery<br />

inspections, only two are filled; there are likewise 17 positions for general mining<br />

inspections, nine of which are filled; and only two positions for explosive inspectors—both<br />

of which are filled, though one of the inspectors said “that’s not enough for one mine,”<br />

much less all the mines in Zambia. 222 Kateka said that qual<strong>if</strong>ied inspectors leave to work<br />

for mining companies “after a year or two” because of better pay. In addition, the<br />

government has imposed a hiring freeze on many ministries, including the Ministry of<br />

Mines, meaning the MSD cannot hire staff to replace attrition vacancies. 223 The result is<br />

that inspectors are hopelessly overstretched and have to “multitask”—making<br />

determinations on infractions in areas outside their expertise. 224<br />

who came, we took him to see the CEO, and that is how we produced a cert<strong>if</strong>icate saying that the winder is OK’ … When an<br />

official proves to be d<strong>if</strong>ficult, they take him to the higher management, so he is given something there.”).<br />

221 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with MUZ safety official, Kitwe, July 18, 2011.<br />

222 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interviews with Bright Kateka, Deputy Chief Inspector, Mines Safety Department, Kitwe, July 28, 2011;<br />

and with an explosives inspector in the Mines Safety Department, Kitwe, July 28, 2011.<br />

223 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interview with Bright Kateka, Deputy Chief Inspector, Mines Safety Department, Kitwe, July 28, 2011.<br />

Kateka said that the freeze affected all but the Health, Education, and Agriculture Ministries.<br />

224 Ibid.<br />

“YOU’LL BE FIRED IF YOU REFUSE” 70

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