UPR NGO Working Group Press Statement on the recently formed Ex-Miners’
Association
The UPR NGO Working Group (comprising the Botswana Council of NonGovernmental NGOs; DITSHWANELO – The Botswana Centre for Human
Rights; Kuru Family of Organisations; Lesbian, Gays and Bisexuals of Botswana
(LeGaBiBo); Media Institute of Southern Africa – Botswana Chapter; and
Rainbow Identity Association) welcomes the registration, on 26 May 2015, of
BoLAMA – The Botswana Labour Migrants Association.
DITSHWANELO – The Botswana Centre for Human Rights has been working
with the ex-miners, their widows and dependent children through the Silicosis
Gold Mining Compensation Project. The project, started in 2012 has the ultimate
goal of obtaining compensation on behalf of Batswana men who contracted or
died from silicosis and other occupational diseases whilst working in apartheid
South Africa gold mines.
For more information please contact: DITSHWANELO – The Botswana Centre for Human Rights Tel: +267 3906998 Cell: +267
71309468 Fax: +267 3907778 Email: [email protected] Website: http://www.ditshwanelo.org.bw
Miners, who migrated from Botswana to South Africa to work in the mines, were
classified as labour migrants. Migration is common in Southern Africa, yet little
is done about it. It has been shown, in a number of studies, that migration has
been beneficial to the hosting state particularly economically, through for
instance, cheap labour, tax, development of infrastructure, etc.
The South African mining industry has benefited immensely from migration,
with 60% of its labour force from neighbouring countries such as Botswana,
Lesotho, Swaziland and Mozambique. With such numbers, protection of the
rights of labour migrants is not fully guaranteed in terms of meeting the
minimum or required labour standards. South Africa has not ratified the
International Convention on the Protection of the Rights of All Migrant Workers
and their Families which was adopted in 1990 and came into force in 2003.
It was common practice that once their employment terminated, ex-miners
returned home with either a lump sum of money or with nothing but an
understanding that their accrued employment benefits would be dispensed to
them in due course upon return to their counties of origin This promise was
often not kept.
Ex-miners are confronted with a lot of challenges in accessing their terminal
benefits. These challenges stem from lack of knowledge about how to access the
benefits, inadequate or no documentation and stringent immigration laws.
Logistical issues, including limited ability to travel to collect documentation,
served to hinder ex-miners in their attempts to access their benefits. As a final
resort, ex-miners turn to tracing agencies for assistance. These often charged
them large amounts of their benefits.1
The UPR NGO Working Group coordinates the civil society component of the
Comprehensive Human Rights Strategy and National Action Plan (CHRSNAP)
process. Through this process, workers’ rights have been identified by civil
society, as a key area of interest. During the October 2014 General Elections, The
1
http://www.southernafricatrust.org/portability-and-access-of-social-security-benefits-for-mine-workers-insouthern-africa/ Accessed 27/5/2015
For more information please contact: DITSHWANELO – The Botswana Centre for Human Rights Tel: +267 3906998 Cell: +267
71309468 Fax: +267 3907778 Email: [email protected] Website: http://www.ditshwanelo.org.bw
Botswana Congress Party, the Umbrella for Democratic Change and the
Botswana Democratic Party all included workers in their election manifestos.
As part of the CHRSNAP process and as a result of challenges experienced by
the ex-miners, DITSHWANELO facilitated the registration of the Ex-Miners
Association, BoLAMA – Botswana Labour Migrants’ Association. The
Association is steered by the ex-miners themselves, while operating under the
auspices of DITSHWANELO. In this way the former migrant mine workers and
their dependents will advocate for their rights, participate in policy processes
relating to social protection, portability of social security benefits, HIV and AIDS,
occupational health and safety, workers rights and labour migration
The UPR NGO Working Group congratulates the former migrant mineworkers
for organising themselves and further welcomes BoLAMA-Botswana Labour
Migrants’ Association to the civil society sector. The UPR NGO Working Group
further calls upon all civil society organisations, the Government of Botswana
and the general public to:
i)
ii)
iii)
support and cooperate with BoLAMA
include BoLAMA in all and any social dialogue in which it is a
stakeholder. and
include the association in the tripartite-plus, (the three social
partners, Government, labour unions and business sector working
together with civil society) as envisaged by regional and
international instruments.
Gaborone
29 May 2015
For more information please contact: DITSHWANELO – The Botswana Centre for Human Rights Tel: +267 3906998 Cell: +267
71309468 Fax: +267 3907778 Email: [email protected] Website: http://www.ditshwanelo.org.bw