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Strengthening social dialogue. Support of the Office. The Committee notes the information provided by the Government in November 2010 indicating that it intends to prepare a bill to legislate the Tripartite Negotiating Forum (TNF). The Government reports on the TNF full meeting, held on 16 September 2010, during which its members were informed about the progress made to finalize the principles of the TNF legislation and to make the appropriate arrangements for an independent TNF secretariat. TNF members were also invited to note the adoption of the National Employment Policy by the Cabinet on 1 June 2010. Prospects for ratification of the Employment Policy Convention, 1964 (No. 122), will also be discussed in the TNF. The Government further reports that at a meeting on 16 October 2010, the social partners deliberated on the agreed upon priority areas of employment creation; social protection and HIV and AIDS at the workplace; social dialogue; and gender equality and women empowerment. The Committee welcomes this approach in achieving solutions and building up social cohesion and the rule of law through effective tripartite consultations. It therefore invites the Government to include in its next report further information on the progress made to institutionalize the Tripartite National Forum and its contribution to the tripartite consultations on international labour standards required under Convention No. 144, a Convention that is to be regarded as most significant from the viewpoint of governance.
Effective tripartite consultations. Referring to its previous comments, the Committee requests the Government to provide information on the operation of the procedures which ensure tripartite consultations in respect of each of the matters listed in Article 5(1) of the Convention. The Government is also requested to indicate the frequency of consultations held in this regard and to indicate the nature of any reports or recommendations made as a result thereof (Article 5(2) of the Convention).
Article 5(1)(d). Reports on ratified Conventions. In the comments forwarded to the Government in November 2009, the Zimbabwe Congress of Trade Unions (ZCTU) indicated that it did not receive a copy of the Government’s reports on ratified ILO Conventions and thus submitted its own comments without reference to the Government’s reports. The Committee again recalls that “the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23(2) of the ILO Constitution. To fulfil their obligations under this provision of the Convention, it is not sufficient for governments to communicate to employers’ and workers’ organizations copies of the reports that they send to the Office, since any comments that these organizations may subsequently transmit to the Office on these reports cannot replace the consultations which have to be held during the preparation of the reports” (paragraph 92 of the 2000 General Survey on tripartite consultation, bearing in mind the discussion of “effective consultations” in paragraphs 29–31 of the General Survey). The Committee invites the Government to examine the measures to be undertaken to hold “effective consultations” on questions arising out of reports to be made to the ILO under article 22 of the ILO Constitution.
Strengthening social dialogue. Support of the Office. The Committee takes note of the Government’s report received in September 2008, and comments provided by the Zimbabwe Congress of Trade Unions (ZCTU) in August 2008. The Government indicates that, with the assistance of the ILO Subregional Office, the Government and social partners have undertaken consultations on the manner in which the activities of the ILO will be undertaken within the framework of Zimbabwe’s Decent Work Country Programme (DWCP) for 2006-07. The Programme provides for the establishment of a National Steering Committee to supervise implementation of activities, including those to do with the ratification and implementation of ILO Conventions. The Government indicates that cooperation, as provided for under the Convention, is guiding the tripartite consultations on the DWCP. The Committee notes that the creation of an enabling environment through upholding and strengthening social dialogue was identified as one of three priorities under the DWCP. In this regard, the DWCP envisages three outcomes to contribute to the creation of this enabling environment: (i) enhanced and institutionalized social dialogue; (ii) National Action Plan on gender issues; and (iii) effective implementation of ILO Conventions. The Committee refers to the 2008 Declaration on Social Justice for a Fair Globalization, which states that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now much more relevant to achieving solutions and to build up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore invites the Government and the social partners to report on the impact the Decent Work Country Programme has had on facilitating effective tripartite consultations as required under Convention No. 144, a Convention that is to be regarded as most significant from the viewpoint of governance.
Effective tripartite consultations. The Government indicates that effective tripartite consultations are held, for example, within the Retrenchment Board and the Salaries and Wages Advisory Board. Furthermore, the Government states that tripartite consultations continue to be the working method for the implementation of various projects, including the project on the elimination of the worst forms of child labour. The Committee notes the concerns expressed by the ZCTU in which it states that the Government and employers in Zimbabwe do not take the concept of tripartism seriously, as the Tripartite National Forum (TNF) is not governed by any statutes and its decisions are subject to review by Cabinet. The ZCTU states that the TNF only makes recommendations, which will either be adopted or turned down by Government. The Committee also notes the Government’s comments in this regard in which it states that the terms of reference of the TNF were subject to considerable debate which culminated in the conclusion of the document on the founding principles of the TNF. The Committee asks the Government to report on the operation of the Tripartite National Forum in respect of each of the matters listed in Article 5, paragraph 1, of the Convention. The Government is also requested to indicate the frequency of consultations held in this regard and to indicate the nature of any reports or recommendations made as a result thereof (Article 5, paragraph 2, of the Convention).
Article 5, paragraph 1(d). Reports on ratified Conventions. The Government indicates in its report that reports on the application of standards are sent to the trade union without delay. The ZCTU indicates, however, that it did not receive a copy of the Government’s reports on ratified ILO Conventions, and thus submitted its own comments without reference to the Government’s reports. The Committee recalls that “the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23, paragraph 2, of the Constitution. To fulfil their obligations under this provision of the Convention, it is not sufficient for governments to communicate to employers’ and workers’ organizations copies of the reports that they send to the Office, since any comments that these organizations may subsequently transmit to the Office on these reports cannot replace the consultations which have to be held during the preparation of these reports” (paragraph 92, General Survey on tripartite consultations, 88th Session of the International Labour Conference, 2000). The Committee trusts that the Government and the social partners will examine the measures to be undertaken to hold “effective consultations” on questions arising out of reports to be made to the ILO under article 22 of the Constitution.
1. Effective tripartite consultations required by the Convention. The Committee notes the information provided in the Government’s report, as well as the comments of the Zimbabwe Congress of Trade Unions (ZCTU) received in September 2006. It notes that tripartite consultations are still being held on the ratification of Conventions Nos. 121, 122, 151, 156, 167, 175, 183 and 184, and requests the Government to keep it informed of the action taken as a result of these consultations (Article 5, paragraph 1(d), of the Convention).
2. Consultations with representative organizations. The ZCTU indicates that the concept of tripartism is not taken seriously by the Government and that the decisions of the Tripartite Negotiating Forum (TNF), which is not governed by any statute, are subject to review by the Cabinet. According to the ZCTU, the Government, which has continued to promulgate new labour laws without consulting the social partners, takes time to send reports on the application of ILO Conventions to the trade union for comments, and often finds it difficult to furnish these reports, as well as interfering in the selection of worker representatives to tripartite meetings. The Government indicates in its report that tripartite consultations continue to be held within the auspices of the TNF and that it is currently working with its development partners, which include the ILO, on capacity building for the representatives of the Government and the social partners so that the TNF’s deliberations are more effective in influencing socio-economic development. The Committee draws the Government’s attention to the pending issues relating to the exercise of trade union rights and requests the Government to provide information in its next report on the progress achieved in establishing “effective” tripartite consultations with “representative organizations” enjoying the right of freedom of association on the matters relating to international labour standards covered by the Convention (Articles 1, 2 and 5 of the Convention).
1. Tripartite consultations required by the Convention. The Committee notes the detailed information supplied by the Government in its report received in September 2004 on the consultations required under Article 5, paragraph 1, of the Convention. It notes in particular that consultations were held to consider ratification of Conventions Nos. 121, 122, 151, 156, 167, 175, 183 and 184, and requests the Government to keep it informed of action taken as a result of the consultations. The Committee requests the Government on a general basis to continue to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, during the period covered by the next report, specifying the nature of any reports or recommendations resulting from the consultations.
2. Consultations with representative organizations. Bearing in mind that the Conference Committee stressed the importance of social dialogue and indicated that such dialogue required full respect of the independence of workers’ and employers’ organizations and of the principles and procedures of the International Labour Organization (Provisional Record No. 24, Part Two, 92nd Session, Geneva, 2004, page 59), the Committee requests the Government to provide information in its next report on progress made in implementing "effective" consultations with "representative organizations" which enjoy freedom of association (Articles 1 and 2 of the Convention).
1. The Committee notes the brief statement contained in the Government’s report received in September 2001. It refers to its 1999 direct request and asks the Government to supply in its next report detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, to specify the nature of any ensuing reports or recommendations (paragraph 2), and to supply the texts of them where possible.
2. Please also provide a general appreciation of the manner in which Convention No. 144 is applied on the country giving, for example, extracts from official reports and any other information bearing on the practical application of the Convention (Part V of the report form).
The Committee notes the Government's report. It requests the Government to continue to supply in its next reports detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, to specify the nature of any ensuing reports or recommendations (paragraph 2) and to supply the texts of them where possible.
The Committee notes the Government's report. It asks the Government to continue to provide detailed information in its future reports on the consultations held on all the subjects listed in Article 5, paragraph 1, of the Convention, and to state whether, as required by paragraph 1(d), representative organizations of employers and workers are consulted during the preparation of all the reports to be submitted to the International Labour Office under article 22 of the ILO Constitution.
The Committee notes the information supplied by the Government in reply to its previous comments. It notes that the Tripartite Consultative Sub-Committee on ILO Matters held two meetings during 1993. It would be grateful if the Government would supply additional information on the following points:
Article 3, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes that at the meeting on 28 October 1993 of the Tripartite Consultative Sub-Committee on ILO Matters, three representatives of employers and three representatives of workers were nominated to attend future meetings. It hopes that the minutes of future meetings will show that employers and workers are indeed represented on a equal footing in that body, which has not seemed to be the case up to the present.
Article 4, paragraph 2. The Committee notes that, for the application of this provision, there is still no measure in the legislation which provides for the financing of any necessary training of participants in the consultative procedures. However, it notes the Government's statement that persons are provided by the Government to explain the law and collective bargaining procedures in workshops and seminars organized by workers' groups. Please continue to supply information on the effect given to this provision of the Convention.
Article 5. The Committee notes with interest the consultations held concerning paragraph 1(c) (re-examination of unratified Conventions). It also notes the information that in future the Sub-Committee will discuss matters relating to the items included on the agenda of the International Labour Conference (paragraph 1(a)). The Committee hopes that the Government's next report will contain information on the consultations held on each of the matters set out in paragraph 1, including information as to the frequency of such consultations. Please also indicate the nature of any reports or recommendations made as a result of these consultations.
Article 6. The Committee notes that the question of issuing an annual report on the working of the procedures provided for in the Convention has not yet been examined. It once again requests the Government to supply details on the consultations which should be held with the representative organizations on this question.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with interest the first report of the Government which covers the period ending 30 June 1991. The Committee would be grateful if the Government would continue to supply in its next reports particulars on the consultations held on each of the matters set out in paragraph 1 of Article 5 of the Convention, and it would like to request further particulars on the following Articles of the Convention.
Article 3, paragraph 2, of the Convention. The Committee notes that, according to the report of the Government, the national body which has been established to carry out consultations on matters cited under the Convention is the Tripartite Consultative Sub-Committee on ILO matters. The report of the Government indicates further that the organizations of employers and workers may send varying numbers of representatives and that some tripartite structures are established under legislation, which authority ensures that, in principle, representation is on an equal footing.
The Committee agrees that this provision must be interpreted as implying not strict numerical equality between employees and workers but the attribution of equal weight to the opinions of either side and equal representation of their views and interests. However, it would be grateful if the Government would supply more detailed information on the manner in which effect is given to this provision.
Article 4, paragraph 2, of the Convention. The Committee notes that the Government, in its report, states that provision has not yet been made on the financing of any training of participants in the consultative process. The Committee would be grateful if the Government would indicate whether such training is considered necessary and such arrangements as provided by this provision are being planned.
Article 6 of the Convention. The Committee notes that, according to the report of the Government, the question of producing an annual report on the working of the procedures provided for in the Convention has not yet been discussed. Please give particulars of the consultations that should take place with the representative organizations on this question.
Article 3, paragraph 2, of the Convention. The Committee notes that, according to the report of the Government, the national body which has been established to carry out consultations on matters cited under the Convention is the Tripartite Consultative Sub-Committee on ILO matters. The report of the Government indicates further that the organisations of employers and workers may send varying numbers of representatives and that some tripartite structures are established under legislation, which authority ensures that, in principle, representation is on an equal footing.
Article 6 of the Convention. The Committee notes that, according to the report of the Government, the question of producing an annual report on the working of the procedures provided for in the Convention has not yet been discussed. Please give particulars of the consultations that should take place with the representative organisations on this question.