team 1 presentation
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An Analysis of the Build-up and Aftermath of the
Marikana Miner’s Strike
Danial Arias James Jiang
Nell Meosky Sneha Moktan
Joseph Pomianowski Maggie Zhou
Players and Issues
GDP Growth
Foreign Investment
Political Stability
Government of South Africa
Players and Issues
Government
GDP growth
Foreign investment
National stability
profitability
public Relations
Mining Corporations
Players and Issues
Wages
Working Conditions
Compensation package
Miners x
Mining Corporations
Profitability
PR
Government
GDP growth
Foreign investment
National stability
Players and Issues
Mining Corporations
Profitability
Public Relations
Workers
Wages
Working Conditions
Compensation Package
Government
GDP growth
Foreign investment
National stability
Politically influenced
Not representative
of the the workers interests
Miners unions
Players and Issues
Mining Corporations
Profitability
Public Relations
Growth Stability
Workers
Wages
Working Conditions
Compensation Package
Unions
Political Clout
Worker Representation
Financial Compensation
Government
GDP growth
Foreign investment
National stability
Human Rights
Need for Natural resources
Investment Security
International Community
Players and Issues
Government
GDP growth
Foreign investment
National stability
Mining Corporations
Profitability
Public Relations
Growth stability
Workers
Wages
Working Conditions
Compensation Package
Unions
Political Clout
Worker Representation
Financial Compensation
International Community
Human Rights
Natural Resource Need
Investment Security
Government
Workers Mining Companies
Sharing Responsibility
Helping business… - Proposals for funding by mining companies are only made with cost-effectiveness in mind - Respect for the bottom line.
But backing up our word. - Legal ramifications for any continued lack of effort by mining companies to improve worker welfare.
Pillars for the strategies
Cost Largely
Borne by and
Shared with
Mining Companie
s
Cost effective
Legal safeguard
Treat the disease, not the
symptoms!
Approach
Reclaim authority
Redefine relationship
with corporations
Redirect mining industry towards national interests
Action Plan
• Short-term: – Address the concerns of the workers to prevent
more violence and to halt the productivity losses due to the strikes
– Provide visible evidence of this intervention
• Long-term: – Develop a mutually respectful relationship with
the mining companies – Engineer a stable, strike-free economy…
To Create a Stable Economy through Ending of Strikes
Pro Bono Litigation System
Standards of a Good Pro Bono System
Pro Bono
System
Be integrated
Be monitored
Free and high
quality services
Clear eligibility criteria
Large firms assist
small firms
Incentives
Mixed System
• Carrot and stick approach • Mandatory community service by law students • Internships • Adoption and enforcement by the law societies
(LSSA) and the GCB (General Council of the Bar)
Incentives • Publicity • Recognition • Tax rebates/ deductions • Exemption from levies/ fees • Requirement to obtain government contracts • Insertion into legal degrees and assistance with the
repayment of student fees
Poor living conditions
Miners complain to employers
under ODIMWA
Companies ignore
Workers do not receive
compensation
Strike
Poor living conditions
Workers request
public lawyers from Legal Aid Board
Lengthy and complicated
judiciary process
Workers do not receive
compensation
Strike
Private law firms provide
pro bono lawyers
Workers are protected in
court
Receive compensation
Economy unaffected
Poor living conditions
Private law firms provide
pro bono lawyers
Workers are protected in
court
Receive compensation
Economy unaffected
Poor living conditions
Private law firms provide
pro bono lawyers
Workers are protected in
court
Firms incentivized to
practice fair labor
Positive national image
and healthy economy
Worker Health
Silicosis
HIV
Poor WC Poor LC
TB
Silicosis
HIV
Poor WC Poor LC
TB
Health Solution, Part 1: Poor WC
Fixes for Poor WC
1. Precautions against fatal accidents: - Establishment of Mandatory Peer Safety
Training program for miners 2. Protection from silicosis: - Masks of correct regulatory grade distributed to
all workers by mining companies
Both programs financed by the companies.
Health Solution, Part 2: Poor LC
Silicosis
HIV
Poor WC Poor LC
TB
Solutions to Standard of Living
• Establishment of Mining Communities to take the place of present tin shanty towns. • Decrease migrancy and improve family life to
decrease HIV transmission • Locker rooms Less silica exposure outside work.
Mining Communities
• Plan: – “moladi” home for each of the miners who
work for Lonmin or Gold Fields • Moladi builds houses using local unemployed
people – improve employment rates!
– health clinic focusing on TB and HIV prevention and treatment
– locker room with showers
1K homes
Community Center
- Health clinic - Locker rooms
- Eventually, school
Community Center Plans
• Practice the ProTEST method for HIV/TB co-control through mining community clinics – Expect this method to save money over the 10-year span – Available for families as well as miners
• Locker rooms and Showers • Leave dusty clothes • Shower off excess silica
Also: Construct low-cost schools in mining communities to encourage family residence.
To Increase Efficacy and Address Human Rights
RELIEF: Immediate $5b fund for medical expenses of silicosis and TB of mining workers - just a form from your doctor ACCESS TO JUSTICE: Recruit personnel and lawyers for pro-bono court system; launch system by the end of the year. - Require mining companies to distribute flyers to each
worker explaining his rights.
- Reevaluate ODMWA and COIDA to streamline compensation system, with help from private sector.
Government Budget +20,000,000,000 USD / 10 yrs - 2.61b for house construction (1 per worker by end of ten years) - 2b for basic furniture, plumbing, fuel - 5b fund for immediate silicosis, HIV, and TB treatment - 600m for clinic and locker room construction (1 per 5000
workers) - 500m to outfit clinics - 27.9m ProTEST costs, miners + family - 469m to build schools (approx. $375/child)
TOTAL: 11.2b used, 7.8b left for…
Future Considerations
Working conditions in the mines require infrastructural changes – provide monetary and market incentives for companies to comply with international standards.
Rationale for Company Expenditure
• 1.4 billion USD lost by the mining companies as a result of the strikes
• These solutions are projected to cost 1/4 of
that amount – about 250 million USD • Investment in the future of the workforce will
improve mining productivity in the long-run, and decrease incidence of strikes and lawsuits
Timeline
Right now immediate
silicosis and TB treatment
Next Month masks and Peer Safety Training
program
Next Year Community living
centers and pro bono legal system
Next 10 years Practice the
ProTEST method, schooling, amend
ODIMWA and COIDA
Immediate $5b fund for medical expenses of silicosis and TB of mining workers - just a form from your doctor
Right Now
Right now
Next Month
Next Year
Next 10 years
Over the Next Month
- Masks of correct regulatory grade distributed to all workers by mining companies
- Establishment of mandatory Peer Safety Training program for miners.
Right now
Next Month
Next Year
Next 10 years
Over the Coming Year – Construction of one “moladi” home for each of the miners who
work for Lonmin or Gold Fields – Within the community of homes, construction of a health clinic
focusing on TB and HIV prevention and treatment – Also within the community center, a locker room with showers.
• Leave dusty clothes • Shower off excess silica
Right now
Next Month
Next Year
Next 10 years
Also over the coming year…
Recruit personnel and lawyers for pro-bono court system; launch system by the end of the year. - Require mining companies to distribute flyers
to each worker explaining his rights.
Right now
Next Month
Next Year
Next 10 years
Over the coming 10 years… • Practice the ProTEST method for HIV/TB co-control through
mining community clinics – Expect this method to save money over the 10-year span – Available for families as well as miners
• Construct low-cost schools in mining communities to encourage family residence
• Reevaluate ODMWA and COIDA to streamline compensation
system, with help from private sector Right now
Next Month
Next Year
Next 10 years
Appendix I • 6,000,000 south Africans living with HIV • 472,240 with TB • TB/HIV 7.83% • TB/Severe HIV = 20% • DOT as opposed to normal TB treatment: • 2.4-4.2 times more effective • DOT TB patient cost: 740.90 dollars per patient • Normal TB patient cost: 2095.60 (best case) 3700.40 (worst
case) • Being a miner increase likelihood of having HIV by 15% • National incidence = 18% • miner incidence - 20.7% • Total miners with HIV: 100,000
Appendix II: How to treat patients on TB medication and ARVs
Appendix III
http://www.who.int/bulletin/volumes/84/7/528.pdf
Appendix IV
http://www.who.int/bulletin/volumes/84/7/528.pdf
Appendix V
http://www.who.int/bulletin/volumes/84/7/528.pdf
Appendix VI
http://www.who.int/bulletin/volumes/84/7/528.pdf
Appendix VII
http://www.davislangdon.com/upload/StaticFiles/AFRICA%20Publications/Research/Property%20&%20Construction%20Handbook%202011_Africa.pdf
Appendix VIII : References • McQuoid-Mason, D. (2000) The Delivery of Civil Legal Aid Services in South Africa Retrieved
November 9, 2012 from http://law.gsu.edu/ccunningham/LegalEd/SouthAfrica-MM-Fordham.pdf
• public Interest Law Institute (2009) Making Legal Aid a Reality