Team 1 presentation

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