BMWU petitions gov’t over Khoemacau’s alleged ‘inequities’
Mpho Mokwape | Monday October 23, 2023 06:00
The union that is petitioning the government over the treatment of black employees by the mine management says the Ministry of Labour and Home Affairs is to blame for such influx for allowing expatriates as part of human resources.
As such, the ministry is undermining its structures and allowing perpetrators of all these ills to avoid the proper channels. “KCM operation is riddled with apparent and systemic racism and preferential treatment of white expatriates at the expense of black employees. There is a general influx of expatriates working at Khoemacau Copper Mines. Most of these expatriates were allowed entry into the country as part of the human resources that came with the investing companies of KM and its affiliate companies,” reads the petition.
Racism and differences in the treatment of employees
According to the union’s president, Joseph Tsimako, the influx of whites there have been issues ranging from racism, salary disparity and evident preferential treatment shown to whites while black workers suffer in silence. He said for instance, in Barminco Mining Services being a subcontractor of KCM, there are more than 120 expatriates on site with a significant wage disparity between the local employees and expatriates. “This is despite the locals discharging similar or more responsibilities within the operations.
The company wage bill is often too high, as expatriates are paid in US Dollars and this proves challenging for the union to bargain for better wages for local workers on account of company affordability or lack thereof,” he said.
Tsimako also noted that the mine by its own admission has been doing that to cushion expatriates against exchange rates which the union finds the explanation untenable as the wage difference is significant and ultimately making the conduct tantamount to an unfair labour practice.
He explained that most senior positions in mining are statutory and carry legal responsibilities and as the union, they have observed that KCM made an admission to the effect that foreign nationals hold statutory positions without being legally appointed by the Chief Mining Engineer as per the mining regulations. Furthermore, the appointment by KCM’s admission lacked the requisite academic qualifications and certification of competence from the Engineers Registration Board. “This is a serious breach of our mining regulations and yet this situation was allowed to continue until the union raised alarm. Regulations are clear that an appointee is appointed upon the approval of the Chief Government Mining Engineer. How is it that in Khoemacau, compliance with such regulation was waivered? What were the grounds for a waiver?” he questioned.
Tsimako stated that while the mine is riddled with systematic racism and preferential treatment of white expatriates at the expense of black employees, some of the reports made to the union including those at the Department of Labour, KCM Inspection Report of December 1, 2022, many issues were uncovered. He emphasised among other things that white employees were excluded from the Involuntary Drug Testing exercise meaning that drug and alcohol testing is only done on black employees.
White expatriates are also excluded from the database managing the systems and the drug test only targets local workers, he said. A different standard of accommodation was observed between the white expatriates' camp and black employees’ camp at Toteng with the black employee camp located near the mine sewage dam and ore processing plant. “Black employees are exposed to the odour generated from human secretion and noise pollution from the ore processing plant,” he said. Tsimako said assaults perpetrated by white workers on black employees are never reported to authorities and the victims are threatened with termination of employment if they pursue the matter while whites are protected to do as they please on black employees to the extent of being deployed to different countries whenever a case of assault has been lodged against them. “An officer (name withheld) assaulted a black man on duty for stopping his gross breach of safety rules,” disclosed Tsimako. He further noted with concern the evident pay disparity which has been reportedly reflected by separate pay structures for white expatriates and black employees and travelling allowances, where expatriates are flown to and from their native countries on first class whenever they go on break and locals are given P200 irrespective of their places of origin. On more of the disparities shown by the KCM management, Tsimako said the recruitment of certain positions is advertised in South Africa at the expense of locally qualifying and suitable candidates simply because the company is operating a dual human resources department, one in South Africa doing almost everything that side while the Botswana one is just a clerical group. Lastly, on the issues uncovered, he pointed out that whistle-blower victimisation is rife with many ending up being shown the door because they have raised concerns.
Immigration laws on mines
Tsimako explained that the Immigration Act and Employment of Non-Citizens Act provide for the recruitment of foreign nationals into the Botswana labour market as a rule, applications for work permits or renewals are done at the district office or locality where the job is tenable. On the part of KCM management, he said they have found a way to circumvent the process, by applying for permits in Gaborone which makes the conduct questionable and seems intended to undermine the country's immigration procedures. “One is led to impute ulterior motives bordering on corruption at the instance of the KCM management. The CEO of KCM and his team are employing all sorts of trickery and efforts to obtain permits for expatriates who are machine operators as if the country does not have sufficient qualified persons to do that job. The Ministry of Labour is to blame for undermining its structures and allowing perpetrators of all these ills to avoid the proper channels,” he stated. He said moreover, according to Botswana's localisation policy, which regulates a mineral license holder's programme of mine under the Mines and Minerals Act, local content which includes employment of locals is made an imperative condition to operating a mine in Botswana. The union president said the condition was rarely complied with by companies as expatriates brought to Botswana by KCM are hardly ever understudied by local employees and there is no intentional and visible transfer of skills. “Localisation plans purported to be in place are further not shared with the BMWU for effective monitoring of their implementation. The position of the union is that the Minerals Policy is clear on the transformation agenda of the mining industry. Botswana should enhance its comparative advantage in the mining sector by building capacity and promoting local participation in the mining sector. This includes the transfer of skills and knowledge. Wherefore the localisation policy should be implemented by KCM and should establish joint enforcement mechanisms with the union to ensure compliance,” said Tsimako.
Union's position on racism
Tsimako noted with concern the racism displayed by the mine management and gave the union's position on the issue. The president said the union's position on racism and preferential treatment of white workers at the expense of locals is that Article 1 of the ILO Convention 111 prohibits discrimination in the place of work on the grounds of race, colour, and nationality and that it is a core principle and fundamental right at work. He stated that KCM and its management team are therefore enjoined to adhere to the highest international standards or principles on non-discrimination because the encampment of workers at the mine accommodation in the mine was unbearable due to the lack of amenities to go with it and the nuisance black workers are exposed to and the remoteness of the mine, which is situated deep in the bush. Tsimako further revealed that sick black employees are not transported to medical facilities even though there is a mine ambulance reserved for whites only. The blacks are given referrals and left to fend for themselves in the wilderness. The union's position is that workers be housed in nearby villages such as Toteng and that it should be part of the sustainability plans of the mine to develop infrastructure and ensure the beneficiation of communities surrounding mines as part of its social obligations. Further, the union wants community development to be treated as a critical component of KCM's programme of the mine and its impact assessment and should work to grow the economy of surrounding villages. The union also says the point of departure should be to build houses in the nearby villages as a long-term plan and in the short-term to allow employees to rent houses and introduce housing allowance to enable employees to stay with their families. “The result of this in the short-term will be population increase, provision of services and developments. Employees will be reunited with their families and this will increase morale, which translates to production. All employees of KCM and its contracted companies are permitted to rent their accommodation in the nearby villages like Toteng. Secondly, KCM and its contracted companies must provide a housing allowance to allow employees to rent decent housing and stay with their families,” he said.
BMWU demands
The union has demanded among others that;
*The government withdraw all current permits for expatriates' machine operators and of all those in positions that the country has in abundance. *Public service policy of uniting married spouses and those with children and in long-term partnerships must be introduced and applied in the mining sector. *Government through the Department of Mines under the Office of the Chief Mining Engineer and the Commissioner of Labour should ensure the enforcement of the mining localisation policy *Government to establish a tripartite permit vetting committee under the Department of Mines to regulate and grant mining work permits. *Government, in consultation with the union, to review the KCM programme of mine and community development obligations beneficiation to ensure compliance and/or implementation. *Implementation of the programme of mine monthly reports must be shared with the union *Equal remuneration for equal work must be enforced across all multinational companies *Equal treatment for all as preferential treatment violates the Constitution and has no place in industrial relations.
Meanwhile, efforts to reach the mine's management were futile.