Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Zimbabwe (Ratification: 1989)

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.