Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Zimbabwe (Ratification: 2003)

The Committee notes the discussion held on the application of the Convention in the Conference Committee in June 2007 and, in particular, that it had decided to mention the case of Zimbabwe in a special paragraph of its report. The Committee further notes the Government’s indication that the Government of Zimbabwe is prepared to host the Office with a view to receiving technical assistance to deal with the issues raised by the Committee. The Committee regrets that the Government refuses to accept the high-level technical assistance mission in the terms requested by the Conference Committee in June 2006. The Committee expresses the hope that the high-level technical assistance mission will be undertaken in the very near future.

The Committee also notes Cases Nos 1937, 2027 and 2365 examined by the Committee on Freedom of Association concerning serious allegations of violation of trade union rights, including allegations of arrest, detention and assaults of trade union leaders and members, attacks on trade union premises, deportation of and refusal of entry to foreign trade unionists, etc. (see 344th Report).

The Committee notes the Government’s reply to the comments of the Zimbabwe Congress of Trade Unions (ZCTU) dated 1 September 2006. The Committee notes that the Government disagrees with the ZCTU’s allegation that it continued to enact legislation meant to paralyse the right to freedom of association and states that all laws in Zimbabwe are subject to a transparent and democratic law-making process.

As regards the matters raised concerning the Public Order and Security Act (POSA), in the Government’s opinion, it serves no purpose to continue debating this issue as it was exhaustively dealt with in the Government’s various communications to the ILO. Referring to its previous request to take the necessary measures to ensure that the POSA is not used to infringe upon the right of workers’ organizations to express their views on the Government’s economic and social policy, the Committee urges the Government to ensure that no other charges are pending against trade unionists under the POSA for the exercise of legitimate trade union activity.

The Government further states that the ZCTU’s allegation that the Criminal Law (Codification and Reform) Act of 2006 criminalizing public meetings and gatherings is misleading. According to the Government, the penal sanctions provided for by this Act relate to illegal gatherings and pubic meetings; the citizens of Zimbabwe are free to exercise their constitutional rights. The Committee notes from Case No. 2365 examined by the Committee on Freedom of Association that a number of trade union leaders and members have been charged under the Criminal Law (Codification and Reform) Act in connection with their participation in the demonstration in September 2006. The Committee agrees with the findings and recommendations of the Committee on Freedom of Association and urges the Government to drop the charges brought for reasons connected to their trade union activities against trade unionists and to abstain from resorting to measures of arrest and detention of trade union leaders or members for reasons connected to their trade union activities.

With regard to the arrest of Mr W. Chibebe in August 2006, the Government indicates that Mr Chibebe has a pending court case on allegations of assaulting a fellow worker (police officer) on duty during the currency reform exercise. The Committee notes from the examination of Case No. 2365 that the Committee on Freedom of Association concluded that a number of procedural irregularities respecting the case against Mr Chibebe took place. The Committee therefore requests the Government to provide full and detailed information respecting the arrest of Mr Chibebe and to transmit the text of any court judgment rendered in this regard.

The Committee notes that by its communication dated 28 August 2007, the International Trade Union Confederation (ITUC) submitted further comments concerning the application of the Convention in law and in practice. The Committee notes that the ITUC comments refer to the legislative issues already raised by the Committee and to serious allegations concerning arrests, assaults and police violence against trade union leaders and members. In this respect, the Committee has, on numerous occasions, stressed the interdependence between civil liberties and trade union rights emphasizing that a truly free and independent trade union movement can only develop in a climate of respect for fundamental human rights. The Committee requests the Government to provide its observations thereon.

The Committee requests the Government, in the context of the regular reporting cycle, to send for examination at the Committee’s next session, to be held in November–December 2008, its comments on all the issues relating to the legislation and the application of the Convention in practice raised in its previous observation and direct request (see 2006 direct request, 77th Session).