The police did not show such respect and instead harassed the women and shot at them. The police action poured scorn on the women’s effort to restore calm in Bumbuna. This act not only shows lack of cultural sensitivity but also the failure of the police to recognize the role and the right of women to participate in the search for solutions during times of crisis.
“We the women were dancing behind the masked devil, holding leaves and singing traditional songs. We had believed that once it was just us the women outside, there will be no bloodletting because the police officers knew the significance of the songs we were singing and also that the men were not supposed to see the women. As we were singing these ceremonial songs, Vandi was defiant and threatened us that even if we stripped our private parts, he would shove the guns into them. I did not know under which influence Vandi was; his eyes were red and he was using all types of abusive language. I had never in my life heard such a grown up man describe a woman’s sexuality in such a disrespectful manner. They were using “mammy cuss” on us. It was disheartening to hear men, who had mothers, wives, sisters and daughters use such abusive words against women. They told us that they would “vaginate” their new weapons on us.”
-Bumbuna Resident and Market Woman.
“These people fired at this lady [the late Musu Conteh] and she dropped in front of my sister and I for us to see. The lady cried out,’I am dying for my right’, and she was shot at again. Altogether, she as shot at three times and we all panicked and ran because anybody who came to rescue the lady was shot at.”
-Bumbuna Resident
5.0 LABOUR RIGHTS AND THE STRIKE ACTION BY THE WORKERS OF AFRICAN MINERALS LTD
203. The events of 16th to 18th of April 2012 began with a strike action by disgruntled AML workers. In a letter to their General Manger, in which they communicated their decision to stage a protest, [Exhibit HRCSL B 25 9(b)], the workers complained about poor working conditions and relationship with expatriate staff, medical cover, casual labour or short contracts employment, arbitrary termination of contracts, poor meals and long working days with no commensurate compensations. They further complained that foreigners serving at similar levels are paid better than nationals, discriminatory application of alcohol rules, the welfare of AML workers seconded to HAWK, end of year bonus and the question of a trade union of their choice. They also complained of maltreatment by expatriates including racial slurs and physical assault.
204. Following a meeting on the 24thApril 2012 in which the government was represented by several ministers, representatives of AML, the leadership of the Sierra Leone Police, representatives of the Office of National Security (ONS) and the management of AML, a Communiqué was signed between the workers’ representatives and AML [Exhibit B 30 (b)]. In this Communiqué the management of AML agreed to address the issues of working conditions, working relationship with colleagues, trade union matters and security of employment.
205. The Panel was unable to ascertain whether or not the conditions agreed upon in the Communiqué of 24th April 2012 were fully implemented, because the Commission did not have access to African Minerals Workers except for W21. Furthermore, W23, Musa Bangura representing the management of AML and specifically Mr. Frank Timis, the Executive Chairman and Moseray Fadika, the Chief Executive Officer, did not appear to have been well briefed. A lot of his responses were “I do not know.” Thus, the Panel was not able to prove whether the conditions of the workers have improved and to what extent the Communiqué of 24th April 2012 had been implemented. It further makes it difficult for the Panel to determine to what extent the management of AML contributed to the events in Bumbuna on the 16th to 18th April 2012, by either being nonresponsive or having a system of management that alienates indigenous low ranking workers, thereby creating a breeding ground for crisis.
206. However, the Panel was able to see a letter from the Executive Chairman, AML Sierra Leone, Mr. Gibrill Bangura, dated 8thMay 2012 and addressed to the national staff in which he communicated the decision to increase the salaries of national staff by 16%, effective January 2012. It further stated that Mr. Timis had approved a budget for the skills training centres in Magburaka and Pepel [Exhibit HRCSL B 30 (d)]. These plans are laudable if implemented as they will go a long way in addressing some of the restlessness among AML workers and job seekers.
207. The contents of this communication were corroborated by the testimony of Mr. Musa Bangura, W23 who is also the Logistics Officer of AML. However, W21 told the Panel that not all of their grievances have been addressed. He said only eight(8) had been addressed, while two (2),the issues of a trade union of choice and that relating to salaries still remain unaddressed.
208. AML should fully implement the Communiqué of the 24th April 2012and periodically review the salaries and working conditions of its workers to ensure that unaddressed grievances by workers do not result into events similar to those of the 16th to18th April 2012.
5.1 The Trade Union Question
209. The right to form and belong to a trade union of is a fundamental right covered under the right to association as provided for under section 26 (1) of the Constitution of Sierra Leone 1991. This right is violated when companies force workers to join management friendly trade unions or threaten them with sacking if they unionize and join a trade union of their choice.
210. Furthermore, the Government of Sierra Leone has signed and ratified the core ILO conventions that protect worker’s rights. These conventions are The Freedom of Association and Protection of the Rights to Organize Convention 1948; the Right to Organize and Collective Bargaining Convention 1949; Discrimination (Employment and Occupation) Recommendation, 1958; the Equal Remuneration Convention 1951; and the Declaration on Fundamental Principles and Rights at work 1998.
211. The right for workers to belong to a trade union of their choice is recognized under the ILO Convention on the Freedom of Association and Protection of the Right to Organize. Article 2 of the Convention gives workers and employers the right, without any distinction, to establish and join organizations of their choice. Article 4 of the Convention provides that workers’ and employers’ organizations shall not be dissolved or suspended by administrative authority. Article 8(2) of the Convention states that “…the law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for under this Convention”.
212. The case of AML workers is complicated because legally speaking, they have no choice but to join the United Mining Workers Union (UMU) since the Bargaining Certificate of the trade union of their choice, the Mining and Allied Services Employees Union (MASEU) was withdrawn on the 19th September 2011. The certificate had been issued to them on the 20th of May 2011. The circumstances of the withdrawal of this bargaining certificate are not clear.
213. The workers in a Memo dated 27th September 2011 (Exhibit HRCSL B29(11)communicated to the management of AML their decision to withdraw their membership from UMU to MASEU, citing among other reasons, that UMU was weak because it was dependent on AML for petrol putting into doubt UMU’s ability to independently negotiate with AML on behalf of the workers.
214. The Communiqué of the 24th of April, 2012 indicated that the Ministry of Labour and Social Security had promised the workers that their request to constitute themselves into a “workers’ union affiliated with the Sierra Leone Labour Congress will be given due consideration within two weeks,” [Exhibit b 30 (b0)]. This has not happened and is not likely to happen soon. This is because two questions remain unanswered. Did the workers request to have a trade union affiliated to the Sierra Leone Labour Congress or did they continue to insist on MASEU which is affiliated to the Trade Union Confederation Sierra Leone (TUC-SL)? TUC-SL is seeking to be recognized and registered as an umbrella organization of trade unions in Sierra Leone. How many umbrella trade union organizations active in the same sector can exist in Sierra Leone at the same time?
215. This situation obtains because, without express provisions of the Regulation of Wages and Industrial Relations Act, 1971 on the question of whether several confederation of trade unions can exist in Sierra Leone, the Ministry of Labour chose to interpret the law restrictively.
216. In Exhibit HRCSL B 29(10), a memo dated 18th August 2011, seems to suggest that two unions can co-exist in the same sector. If this indeed can happen, then steps should be taken to ensure that it is legally possible for AML workers to join a trade union of their choice.
217. The protection offered by trade unions is one way of containing industrial unrest and ensuring peace and security when there is a conflict between workers and their employers. The absence of a recognized trade union to negotiate and guide the decisions and activities of the AML workers is one of the factors that precipitated the event of the 16th to18th April 2012. W21 told this Panel that he did not know that workers are required by law to give a twenty one (21)-day notice before engaging in a protest. W21 is the Vice Chairperson of the Workers’ Union at the AML mining site in Feregbeya. The Attorney General and Minister of Justice, Franklyn B. Kargbo, W29, stated that the events of the 16th to 18thApril, 2012 could have been prevented if the trade union of choice of the workers had a Bargaining Certificate.
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