Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

Follow-up of the recommendations of the Commission of Inquiry made under article 26 of the Constitution of the ILO.

The Committee recalls that the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Convention No. 87 and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) recommended that: the relevant legislative texts be brought in line with Conventions Nos 87 and 98; all anti-union practices – arrests, detentions, violence, torture, intimidation and harassment, interference and anti-union discrimination – cease with immediate effect; national institutions continue the process the Commission had started whereby people can be heard, in particular referring to the Human Rights Commission and the Organ for National Healing and Reconciliation (ONHR); training on freedom of association and collective bargaining, civil liberties and human rights be given to key personnel in the country; the rule of law and the role of the courts reinforced; social dialogue strengthened in recognition of its importance in the maintenance of democracy; and ILO technical assistance to the country continued.

The Committee notes the information provided by the Government and the discussion that took place in the Conference Committee on the Application of Standards in June 2011. The Committee further notes the comments made by the International Confederation of Free Trade Unions (ITUC) on the application of the Convention in its communication dated 4 August 2011.

The Committee notes with interest that the ILO technical assistance to support the Government and the social partners in implementing the above recommendations continued throughout 2011 and in this respect, notes the following activities carried out during the reporting period: (i) a workshop on legislative and institutional support framework for social dialogue systems; (ii) a high-level roundtable on international labour standards and national law and practice; (iii) a two workshops on freedom of association and collective bargaining rights in the public sector; (iv) a training course on international labour standards for members of the national employment councils; (v) a training course on human and trade union rights for police, security forces and Attorney General’s Office; (vi) a training course on freedom of association for members of the Attorney-General’s Office and officers of the Ministry of Labour; (vii) a training course on international labour standards, judicial independence and ethics for judges, magistrates, arbitrators and lawyers; (viii) a training course for conciliators and mediators; and (ix) a workshop on international labour standards for the Zimbabwe Congress of Trade Unions (ZCTU). The Committee understands that further promotional activities are scheduled to take place before the end of the year.

The Committee recalls that it had previously noted the allegations submitted by the ZCTU, which related to the forced exile of the General Secretary of the General Agriculture and Plantation Workers Union of Zimbabwe (GAPWUZ) and instances of banning of trade union activities (workshop, commemoration events, processions and May Day celebration), and requested the Government to provide its observations thereon. The Committee notes that the ITUC 2011 communication also contains allegations referring to the same issues. The Committee notes that with regard to the allegations of forced exile of the GAPWUZ General Secretary (Ms Hambira), the Government indicates in its report that in order to ascertain the legitimacy of the complaint and reply to the allegation, it needs more information from the complainant in view of the fact that is possible for people to submit unfounded allegations in pursuance of their own goals. The Government indicates that in respect of the GAPWUZ leader exile, it has no case to answer: Ms. Hambira has no case pending before the police or the courts and is free to return to live in Zimbabwe. The Committee recalls that the ZCTU alleged that in February 2010, the GAPWUZ offices were raid and Ms Hambira and members of her team were questioned at the Harare Central Police station following a documentary and a report produced by the union on violations of workers’ rights in the agricultural sector. The ZCTU and ITUC allege that Ms Hambira, who had already been previously threatened and beaten by the security forces and the police on several occasion, felt forced to go into exile after the police investigation had found that she had contravened section 31 of the Criminal Law, which makes it an offence to publish or communicate false statements prejudicial to the State. The Committee regrets that the Government provides no observations on these detailed allegations. Noting that the Government indicates that Ms Hambira can return to the country, the Committee, like the Conference Committee, requests the Government to indicate all measures taken or envisaged to ensure her safety if she decides to return to the country.

With regard to the allegation of banning trade union activities, the Committee notes that the Government submits that this aspect should be considered in the context of the delayed implementation of the Government’s initiatives to improve its compliance with Conventions Nos 87 and 98 and the recommendations of the Commission of Inquiry. In this respect, the Government explains that the information sharing with the law enforcement agencies commenced only in July 2011. The Government expects the situation to improve once a significant number of the targeted groups is reached. The Government also indicates that the Ministry of Labour was entrusted to liaise with the law enforcement bodies with a view to ensuring that in practice, trade union meetings are not subjected to the Public Order and Security Act (POSA). The Committee expects that the Government will intensify its efforts in this respect so as to ensure that the POSA is not used to infringe upon legitimate trade union rights, including the right of workers’ organizations to express their views on the Government’s economic and social policy. It also expects that the Government will take the necessary steps to ensure that trainings on human and trade union rights for the police and security forces continue. The Committee notes that the 2011 Conference Committee requested the Government to carry out, together with the social partners, a full review of the application of the POSA in practice, and considered that concrete steps should be taken to enable the elaboration and promulgation of clear lines of conduct for the police and security forces with regard to human and trade union rights. The Committee regrets that no information has been provided by the Government on the measures taken or envisaged in this respect. The Committee therefore requests the Government to carry out, together with the social partners, a full review of the application of the POSA in practice and to provide details on its outcome. It expects that lines of conduct for the police and security forces will be elaborated and promulgated in the very near future. The Committee requests the Government to provide information on all measures taken or envisaged in this respect.

Further in this connection, the Committee recalls that the Commission of Inquiry recommended that the POSA be brought into line with the Convention. The Committee notes the Government’s indication that the POSA, notwithstanding its non-application to trade union meetings, is being amended. The Committee notes in this respect, copies of two sets of amendments proposed back in 2009. It requests the Government to clarify the status of these amendments, particularly in the light of the fact that in the framework of the Universal Periodic Review process of the United Nations Human Rights Council, the Government of Zimbabwe has clearly indicated that it did not support the recommendations calling for the amendment of the POSA (see A/HRC/19/14, Human Rights Council, 12th session, 3–14 October 2011).

The Committee further recalls the Commission of Inquiry’s recommendation that steps be taken by the authorities to bring all outstanding cases of trade unionists arrested under the POSA to an end. It recalls that in its previous observation it had noted the Government’s indication that all such cases had been identified and requested the Government to indicate the steps taken to ensure that these cases were withdrawn. The Committee notes the Government’s indication that the Ministry of Labour has been liaising with the Attorney-General’s Office and that the latter has been following up with the concerned courts throughout the country and compiling information regarding the cases that have either been concluded or withdrawn. The Committee deeply regrets that almost two years after the Commission of Inquiry’s specific recommendation, the Government appears to be still at the information gathering stage. The Committee, as did the 2011 Conference Committee, urges the Government to ensure that cases of trade unionists arrested under the POSA are withdrawn without further delay and to provide detailed information in this respect.

The Committee had previously taken note of the initiated labour law reform and harmonization process and on that occasion expressed the firm hope that the relevant legislative texts will be brought in line with the Convention. The Committee notes the Government’s indication that together with the social partners it has been holding consultations aimed at developing of principles for the harmonization and labour law reform taking into account all the legislative recommendations of the Commission of Inquiry and the comments of the Committee of Experts. The Government further indicates that on 12 September 2011, these principles were presented by the tripartite technical working group to the principals of the Tripartite Negotiating Forum. The Government indicates that while there was a consensus on the draft principles arising from the recommendations of the ILO supervisory bodies, the social partners have requested for additional time to consult over three additional principles which arose during the consultative process (unlinked to the comments of the Committee). Representatives of workers in the public sector also requested additional time for bipartite discussions on the nature of the harmonization with the relevant governmental bodies, their respective employers. Such consultations were due to take place during October 2011. It is the Government’s hope that the amendment Bill will be discussed in Parliament in 2012. The Committee takes due note of a copy of the draft Principles for the Harmonization and Review of Labour Laws in Zimbabwe and the information provided by the Government on the specific sections of the Labour Law which it intends to amend in the framework of the reform. The Committee notes with interest that the revision of the labour legislation envisages taking into account its previous comments and welcomes the fact that this process involves all social partners. The Committee requests the Government to provide information on all developments and progress made in revising and harmonizing the Labour Act, Public Service Act and all other relevant laws and regulations.

The Committee notes that in its 2011 communication, the ITUC alleged several cases of suspension and mass dismissals of workers following their participation in protests and strikes. The Committee recalls that suspending or dismissing workers for having participated in a strike or protest implies a serious risk of abuse and constitutes a violation of freedom of association. The Committee requests the Government to provide its observations on the matters raised by the ITUC.

The Committee expresses the firm hope that the law and practice will be brought fully in line with the Convention in the very near future. It encourages the Government to continue cooperating with the ILO and the social partners in this regard. The Committee requests the Government to provide in its next report detailed information on the outcome of the activities carried out under the technical assistance package and on all other measures taken to implement the recommendations of the Commission of Inquiry. It considers that priority should be given to addressing all concerns related to civil liberties and all human rights violations, including those relating to trade union rights, which should be included in the review to be carried out by the Human Rights Commission. In this respect, the Committee notes with concern that in the framework of the Universal Periodic Review process, the Government of Zimbabwe has indicated that it did not support the recommendation requesting the Government to take the necessary measures so that all allegations of human rights violations are duly investigated and that the perpetrators are brought to justice. The Committee urges the Government to provide information on the steps taken to ensure that the Human Rights Commission and the ONHR can adequately contribute to the defence of trade union and human rights.