Opinion / Columnist
Workers rights are Human Rights
11 Dec 2017 at 14:57hrs | Views
The United Nations organization recognizes that people have a "human right to work, or engage in productive employment, and may not be prevented from doing so". This concept enshrined in the Universal Declaration of Human Rights and recognized in international human rights law. According to Article 23.1 of the Universal Declaration of Human Rights "Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment".
Everyone must have access to work. Article 22 of The Universal Declaration of Human Rights states that, "for work to be a source of livelihood, everyone must have access to work and it must provide a just and favorable remuneration ensuring the worker and their family an existence worthy of human dignity.
Work satisfies two significant social functions that is; [1] it is a source to livelihood. Work enables workers to obtain remuneration that will enable them and their families to meet their basic needs, such as food, shelter, paying bills, transport, education etc. and [2] it provides a deep sense of self-worth, dignity, desires and aspirations in life. A job is part of our personality and a means to self-actualization.
Workers' rights are employment entitlements protected by law and claimable by workers. According to the Constitution of Zimbabwe (2013)'s chapter 4 declaration of right, section 65.1 "Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage".
Workers' rights are also protected by law. According to Chapter 28:01 of the Labour Act (2005), section 6, all employers are required to pay their employees a fair wage, commensurate with their occupation and to ensure that workers are working under safe working conditions.
Following on from legal requirements and principles stated above, the National Railways of Zimbabwe(NRZ) continues to violate workers' rights with impunity. This must stop. The NRZ management must be condemned by all fair minded people for unfair and life endangering labour practices. They must be brought before the courts to account for their willful violation of international and Zimbabwean laws. There is a shameful and willful disregard of employees' occupational safety and health at NRZ. Working practices are, in a lot of cases, also contrary to the provisions contained in the "Train Working regulations (TWR)", Factories and Works Act (20 of 1948) and the National Social Security Authority (Accident Prevention and Workers Compensation Scheme) Notice No. 68 of 1990, as amended.
NRZ workers are underpaid, do not receive their salaries on time and are at times forced to work longer hours, under unsafe working conditions. Every year there are reports of workers dying on duty and no effort has been taken to address these corporate manslaughter cases.
As an example, on Friday 8 December 2017 one of my former workmates Benson Makotore was trapped between two wagons at Lukosi Siding near Hwange and died on the spot. According to a narration given anonymously by one of the Train man who was at work that day, he said "we were detaching a wagon on the storage loop, as we were pulling out of the storage loop the wagon started rolling towards the load which was left on the crossing loop. As Makotore was applying brakes he ended up being trapped as the wagon side swiped with the ones on the crossing loop whilst he was still hanging. He had noticed a wagon with binding brakes and had decided to detach it at Pongoro storage loop. He cut off and advised the driver to ease off. Unfortunately the wagon released the brakes. Both handbrakes were not effective. We pushed the wagon in the storage loop and cut off then advised driver to ease off. Meanwhile the other portion of the load was stationery in the crossing loop. The wagon started rolling towards TJ, which is when it went past the clearance indicator on the storage loop and collided with one wagon part of his load that was stationery in the loop."
It is sad that our government is not putting in place strict measures on wholly state owned enterprises, such as the NRZ, to ensure that management is fully adhering to safe working practices and regulations. Hundreds of lives are lost every year at NRZ and most of these cases go unreported. The dilapidated rail infrastructure was condemned by experts and employees many years ago and is no longer fit for purpose. Signals ceased to be operational more than ten years ago. The NRZ is currently using the antiquated paper order system.
Staff are regularly victimized and often dismissed or made to resign for raising issues to do with occupational safety and health. TWR 1 states that "SAFETY TAKES PRECEDENCE" yet NRZ management continues to force workers to work in in unsafe spaces with inadequate personal protective equipment, such as safety clothing. An example is that of one security detail called Mahumucha. He is currently admitted in a Bulawayo hospital after falling off a wagon at Mpopoma siding. The sad part is that, despite Mahumucha having been injured at work, the NRZ has not contributed anything so far to his medical expenses. He is struggling to pay for his medical care and treatments. Considering that NRZ is a wholly state owned enterprise, it is expected that they would be more enlightened about occupational safety and health regulations and would be in the forefront of practicing safety at work. Unfortunately, this has never been the case in the last 8 years.
Another example of management's insensitivities to workers' plight and willful violation of the Labour Act occurred on 31 July 2015. On this day, all labour leaders had their contracts of employment terminated. They cited the government's proclamations and support of the infamous "Nyamande and Another V Zuva petroleum Pvt Ltd, 2015" judgement. The NRZ labour leaders were summarily dismissed for taking their employer to the labour court after they had gone for nearly eleven months with no salaries. In 2016 workers who were actively participated in the month long strike were also dismissed.
Incidences of unfair labour practices are pandemic across many sectors of the economy in Zimbabwe, mainly because of the high rate of unemployment. There is an urgent need for the government, and the ministry of labour in particular to intervene and ensure that workers' rights are protected and that occupational health and safety is prioritized. Trade unions must also be in the forefront of advocating for workers' rights and safe working practices, as required by law.
Every life matters. No worker should die on duty. An injury to one is an injury to all.
Linda Tsungirirai Masarira
Human Rights Defender, Aspiring MP Harare Central, Political Activist and Founder and National Coordinator of Zimbabwe Women in Politics Alliance
Everyone must have access to work. Article 22 of The Universal Declaration of Human Rights states that, "for work to be a source of livelihood, everyone must have access to work and it must provide a just and favorable remuneration ensuring the worker and their family an existence worthy of human dignity.
Work satisfies two significant social functions that is; [1] it is a source to livelihood. Work enables workers to obtain remuneration that will enable them and their families to meet their basic needs, such as food, shelter, paying bills, transport, education etc. and [2] it provides a deep sense of self-worth, dignity, desires and aspirations in life. A job is part of our personality and a means to self-actualization.
Workers' rights are employment entitlements protected by law and claimable by workers. According to the Constitution of Zimbabwe (2013)'s chapter 4 declaration of right, section 65.1 "Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage".
Workers' rights are also protected by law. According to Chapter 28:01 of the Labour Act (2005), section 6, all employers are required to pay their employees a fair wage, commensurate with their occupation and to ensure that workers are working under safe working conditions.
Following on from legal requirements and principles stated above, the National Railways of Zimbabwe(NRZ) continues to violate workers' rights with impunity. This must stop. The NRZ management must be condemned by all fair minded people for unfair and life endangering labour practices. They must be brought before the courts to account for their willful violation of international and Zimbabwean laws. There is a shameful and willful disregard of employees' occupational safety and health at NRZ. Working practices are, in a lot of cases, also contrary to the provisions contained in the "Train Working regulations (TWR)", Factories and Works Act (20 of 1948) and the National Social Security Authority (Accident Prevention and Workers Compensation Scheme) Notice No. 68 of 1990, as amended.
NRZ workers are underpaid, do not receive their salaries on time and are at times forced to work longer hours, under unsafe working conditions. Every year there are reports of workers dying on duty and no effort has been taken to address these corporate manslaughter cases.
As an example, on Friday 8 December 2017 one of my former workmates Benson Makotore was trapped between two wagons at Lukosi Siding near Hwange and died on the spot. According to a narration given anonymously by one of the Train man who was at work that day, he said "we were detaching a wagon on the storage loop, as we were pulling out of the storage loop the wagon started rolling towards the load which was left on the crossing loop. As Makotore was applying brakes he ended up being trapped as the wagon side swiped with the ones on the crossing loop whilst he was still hanging. He had noticed a wagon with binding brakes and had decided to detach it at Pongoro storage loop. He cut off and advised the driver to ease off. Unfortunately the wagon released the brakes. Both handbrakes were not effective. We pushed the wagon in the storage loop and cut off then advised driver to ease off. Meanwhile the other portion of the load was stationery in the crossing loop. The wagon started rolling towards TJ, which is when it went past the clearance indicator on the storage loop and collided with one wagon part of his load that was stationery in the loop."
Staff are regularly victimized and often dismissed or made to resign for raising issues to do with occupational safety and health. TWR 1 states that "SAFETY TAKES PRECEDENCE" yet NRZ management continues to force workers to work in in unsafe spaces with inadequate personal protective equipment, such as safety clothing. An example is that of one security detail called Mahumucha. He is currently admitted in a Bulawayo hospital after falling off a wagon at Mpopoma siding. The sad part is that, despite Mahumucha having been injured at work, the NRZ has not contributed anything so far to his medical expenses. He is struggling to pay for his medical care and treatments. Considering that NRZ is a wholly state owned enterprise, it is expected that they would be more enlightened about occupational safety and health regulations and would be in the forefront of practicing safety at work. Unfortunately, this has never been the case in the last 8 years.
Another example of management's insensitivities to workers' plight and willful violation of the Labour Act occurred on 31 July 2015. On this day, all labour leaders had their contracts of employment terminated. They cited the government's proclamations and support of the infamous "Nyamande and Another V Zuva petroleum Pvt Ltd, 2015" judgement. The NRZ labour leaders were summarily dismissed for taking their employer to the labour court after they had gone for nearly eleven months with no salaries. In 2016 workers who were actively participated in the month long strike were also dismissed.
Incidences of unfair labour practices are pandemic across many sectors of the economy in Zimbabwe, mainly because of the high rate of unemployment. There is an urgent need for the government, and the ministry of labour in particular to intervene and ensure that workers' rights are protected and that occupational health and safety is prioritized. Trade unions must also be in the forefront of advocating for workers' rights and safe working practices, as required by law.
Every life matters. No worker should die on duty. An injury to one is an injury to all.
Linda Tsungirirai Masarira
Human Rights Defender, Aspiring MP Harare Central, Political Activist and Founder and National Coordinator of Zimbabwe Women in Politics Alliance
Source - Linda Tsungirirai Masarira
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