Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forced Labour Convention, 1930 (No. 29) - Zimbabwe (Ratification: 1998)
Protocol of 2014 to the Forced Labour Convention, 1930 - Zimbabwe (Ratification: 2019)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the 2012 concluding observations of the Committee on the Elimination of Discrimination against Women that expressed concern over the continuing prevalence of trafficking in women and girls in the country, as well as the lack of measures to protect victims of trafficking (CEDAW/C/ZWE/CO/2 5, paragraph 25). It noted the statement in the 2009 Global Report on Trafficking in Persons of the United Nations Office on Drugs and Crime that, due to the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during recent years. The Committee requested information on the provisions in national legislation prohibiting and penalizing trafficking in persons.

The Committee notes the Government’s statement that it is in the process of developing anti-trafficking legislation and that the Attorney-General is preparing a draft in this regard. This legislation will include provisions concerning a national action plan to combat trafficking in persons. The Government indicates that most of the anti-trafficking activities being undertaken revolve around prevention, raising awareness, training of government officials, as well as direct assistance to the few victims identified. The Government has established two safe houses to provide temporary accommodation and other social services to victims of trafficking. The Committee urges the Government to take the necessary measures to ensure the adoption of the anti-trafficking bill in the near future. It requests the Government to continue to take measures to prevent trafficking in persons, and to provide information in this regard. Lastly, it urges the Government to take measures to ensure that all victims of trafficking are adequately assisted and protected, and to provide information on the number of persons benefiting from these services.

2. Legislation concerning vagrancy. In its earlier comments, the Committee referred to certain provisions of the Vagrancy Act (Cap. 10:25), under which any person suspected of being a vagrant, defined as any person who has no settled or fixed place of abode or means of support and who wanders from place to place, or any person who maintains himself by begging or in some other dishonest or disreputable manner (section 2(a) and (b)), is subject to being arrested by a police officer, taken before a magistrate and subsequently detained in a re-establishment centre, where such persons may be maintained and afforded the occupation, instruction or training requisite to fit them for entry into or return to employment (section 7(1)). It observed that the provisions of the Vagrancy Act are worded in such general terms as to lend themselves to application as a means of compulsion to work. In this regard, the Government indicated that it was engaged in consultations with relevant ministers concerning amending the Vagrancy Act.

The Committee notes the Government’s statement that the revision of the Vagrancy Act will be considered in the process of revising legislation to be in harmony with the new Constitution of 2013. The Committee requests the Government to take the necessary measures, within the framework of the revision of national legislation, to amend or repeal the Vagrancy Act, in order to ensure compliance with the Convention, for example, by limiting the scope of its provisions to situations where the persons concerned disturb public order and tranquillity or engage in unlawful activities.

3. Freedom of career military personnel to leave their service. Noting an absence of information on this point in this Government’s report, the Committee once again requests the Government to provide a copy of the Defence (Regular Force) (Officer) Regulations.

Article 2(2)(a). Services exacted from a person in place of service as a member of a disciplined force. The Committee previously referred to section 14(2)(c) of the Constitution of Zimbabwe and to section 4A(2)(c) of the Labour Act, as amended in 2002, under which the term “forced labour” does not include any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any person by virtue of a written law in place of service as a member of such force. In this connection, the Committee recalled that Article 2(2)(a) of the Convention exempts from its provisions only work or service exacted in virtue of compulsory military service laws.

The Committee notes the Government’s statement that the new Constitution abolished forced labour on all persons without distinction. In this regard, the Committee notes that article 55 of the Constitution of 2013 states that no person may be made to perform forced or compulsory labour, and that this provision does not contain any exceptions. Taking due note of the Government’s statement that the Labour Act will be amended accordingly, the Committee requests the Government to provide a copy of the amended Labour Act, once adopted.

Article 2(2)(c). Prison labour exacted for the benefit of private individuals. In its earlier comments, the Committee noted that section 71 of the Prisons (General) Regulations, 1996, prohibits prisoners to be employed for the private benefit of any person, except on the order of the Commissioner. It also noted the Government’s indication that no prisoners had been used for private benefit in contravention of the Convention, and that discussions were ongoing with a view to establishing a rehabilitation framework for prisoners which respected ILO principles.

The Committee notes the Government’s statement that section 71 of the Prisons (General) Regulations will be amended in the process of aligning laws with the new Constitution. Recalling that Article 2(2)(c) of the Convention expressly prohibits prisoners from being hired to or placed at the disposal of private individuals, companies or associations, the Committee requests the Government to take measures to ensure that section 71 of the Prisons (General) Regulations is amended in this respect. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 2(2)(e). Minor communal services. The Committee earlier noted the Government’s repeated statement in its reports that participation in communal work programmes is entirely voluntary. The Government subsequently indicated that the work performed in communal work programmes is normally in the interest of the community concerned, and relates to cultivation of land in times of food scarcity for vulnerable members of the community or labour for developmental projects, such as the construction of tanks, clinics and schools and environmental reclamation activities. The Committee requested the Government to provide further information on the communal work programme in practice.

The Committee notes the Government’s statement that this communal work consists of minor activities that members of the community voluntarily render to the community, underpinned by the communal values which form part of the culture of the people concerned. The Government indicates that no penalty is applied to those who do not participate since the work is done on a voluntary basis. The communities organize themselves for their own needs, and as they consult among themselves, there is no consultation with their direct representatives.