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“You'll Be Fired If You Refuse” Zambia HUMAN “You’ll Be Fired if You Refuse” RIGHTS Labor Abuses in Zambia’s Chinese State-owned Copper Mines WATCH “You’ll Be Fired if You Refuse” Labor Abuses in Zambia’s Chinese State-owned Copper Mines Copyright © 2011 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-824-4 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org NOVEMBER 2011 ISBN: 1-56432-824-4 “You’ll Be Fired if You Refuse” Labor Abuses in Zambia’s Chinese State-owned Copper Mines Map of Zambia .................................................................................................................... i Summary ............................................................................................................................ 1 Recommendations .............................................................................................................. 7 To the Government of Zambia ................................................................................................... 7 To the Ministry of Mines and Mineral Development, including the Mines Safety Department ...... 7 To the Ministry of Labor and Social Security ............................................................................. 8 To the Chinese Government ..................................................................................................... 8 To China Non-Ferrous Metals Mining Corporation ..................................................................... 8 To the State-owned Assets Supervision and Administration Commission (SASAC) of China’s State Council ........................................................................................................................... 9 Methodology .................................................................................................................... 10 I. Background .................................................................................................................... 13 A Body of Work on Business and Human Rights .................................................................... 14 China in Africa ........................................................................................................................ 14 History of Zambia’s Copper Industry ....................................................................................... 17 Copper Mining Operations in Zambia ................................................................................ 18 Zambian Government as Minority Owner .................................................................................20 Chinese Investment in Zambia, Copper Industry ......................................................................20 Labor Problems and Low Wages in the Chinese Mines ....................................................... 22 Exporting Abuses?: Similar Labor Problems in China’s Mining Industry ............................. 25 Politicization of Chinese Investment, 2011 Election .................................................................26 “Good Investors, but Bad Employers”: Dichotomy between Welcomed Chinese Investment and Abusive Labor Practices ................................................................................. 30 II. Health and Safety ......................................................................................................... 32 Health and Safety Hazards ...................................................................................................... 33 Failure to Provide Potable Water ....................................................................................... 38 Personal Protective Equipment (PPE) ...................................................................................... 39 Casual Workers at Sino Metals: No PPE, Labor Law Loopholes ........................................... 45 “How Can We Pick One Child?”: Family Medical Care at Sino-Zam Friendship Hospital ............ 49 Company Safety Officers without Authority.............................................................................. 50 Threats against Workers Refusing to Work in Unsafe Areas ...................................................... 54 Making Good on Their Threats: Firings and Docked Pay ..................................................... 59 Best Safety Practices in Zambia’s Copper Industry .................................................................. 61 Deliberate Failure to Report Accidents ..................................................................................... 63 Problem of Subcontractors at Konkola Copper Mines (KCM) .................................................... 67 Government’s Mines Safety Department ................................................................................ 68 Physical Abuse by Chinese Supervisors .................................................................................. 73 III. Hours and Overtime ..................................................................................................... 75 Excessive Working Hours at Sino Metals, CCS ......................................................................... 75 Improvements at NFCA, except for Double Shift Underground ...........................................82 IV. Anti-Union Activities .................................................................................................... 85 Efforts to Bar MUZ at CCS, Sino Metals ................................................................................... 86 Intimidating Union Representatives ........................................................................................ 91 Intimidation against Union Representatives in Other Copper Mines ......................................... 95 V. Conclusion ................................................................................................................... 97 Annex I: Letter to CNMC and Response ............................................................................. 99 Annex II: Copper Price, 2001-2011 .................................................................................... 113 Annex III: Funding for Mines Safety Department .............................................................. 114 Annex IV: Wages in Chinese and Other Foreign-Owned Mines in Zambia as of September 2011 .............................................................................................................. 117 Annex V: Salary Breakdown at Sino Metals and CCS as of September 2011 ...................... 121 Acknowledgements ........................................................................................................ 122 Map of Zambia © Human Rights Watch I HUMAN RIGHTS WATCH | NOVEMBER 2011 Summary Over the past decade, China has rapidly increased its investment throughout Africa. But while many commentaries have examined the ambivalent relationship between China and Africa, few have systematically examined what Chinese investment means in human rights terms, particularly for Africans employed by China’s state-owned companies. By investigating the specific practices of particular Chinese employers, the conditions of a given set of workers, and the enforcement of labor laws by a particular African government, it is possible to begin to paint a picture of China’s broader role in Africa. To this end, this report examines the labor practices of Chinese state-owned companies in Zambia, a landlocked country in southern Africa, focusing on the country’s long-thriving copper mining industry and its well-established organized labor. Based on three research missions to Zambia, it draws on more than 170 interviews, including with 95 mine workers from the country’s four Chinese copper operations, 48 mine workers from other multinational copper mining operations, management representatives from Chinese-run mines, mining union officials, government representatives, police, medical professionals, journalists, and foreign diplomats. The report examines primarily how practices in the Chinese-run copper mines compare to relevant domestic and international labor and human rights standards, as well as how they compare to those of other copper mining companies in Zambia. Human Rights Watch found that while Zambians working in the country’s Chinese-run copper mines welcome the substantial investment and job creation, they suffer from abusive employment conditions that fail to meet domestic and international standards and fall short of practices among the copper mining industry elsewhere in Zambia. Miners at several Chinese-run companies spoke of poor health and safety standards, including poor ventilation that can lead to
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