Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Zimbabwe (Ratification: 1998)

Follow-up to the 2009 recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU), received on 30 August 2019, raising issues addressed by the Committee below.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments regarding the following issues.

Labour law reform and harmonization

The Committee had previously noted with concern that, despite its numerous requests, some of which predate the 2009 Commission of Inquiry, there was no concrete progress in amending both the Labour Act and the Public Service Act so as to bring them into conformity with the Convention. It had therefore once again requested the Government to provide information on the progress achieved in bringing the labour and public service legislation into conformity with the national Constitution and the Convention.

Labour Act. In its previous comment, the Committee had noted the Government’s indication that following the adoption of the Labour Law Reform Principles by the Cabinet, in December 2016, and a number of consultative meetings held in 2017 and 2018, the final draft of the Labour Amendment Bill was finalized and ready to be tabled before Cabinet and then Parliament. The Committee had, however, noted with concern the ZCTU’s allegation that the draft of the Labour Amendment Bill deliberately ignored the Committee’s observations and did not include any provision setting clearly the protection of workers and their representatives against anti-union discrimination.

Public Service Act and the Health Services Act. The Committee had previously noted the Government’s indication that the principles to amend the Public Service Act were approved by the Tripartite Negotiating Forum and further consultations were undertaken within the National Joint Negotiation Council (NJNC). The Government had further indicated that the Attorney General’s Office was in the process of drafting the bill and that the social partners would be consulted on the draft.

The Committee notes with concern that according to the most recent ZCTU’s observations, the Labour Act, Public Service Act and the Health Services Act have not been amended so as to be harmonized with the Constitution and the Convention. The Committee urges the Government to make all necessary efforts to ensure that the process of reviewing the labour and public service legislation with a view to ensuring its conformity with the Convention will move forward without further delay and in full consultation with the social partners. The Committee requests the Government to provide information on all progress made in this regard.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously noted that section 56(2) of the Special Economic Zones Act (2016) did not recognize the right to collective bargaining and gave the power to determine conditions of work to the Special Economic Zones Authority and the Minister. It had therefore requested the Government to take the necessary measures to amend the Act, in consultation with the social partners, so as to bring it into conformity with the Convention and to provide information on any developments in this regard. Noting with concern that according to the ZCTU, there have been no attempts to address this issue, the Committee is bound to reiterate its request and asks the Government to provide information on all progress made in this regard.

Application of the Convention in practice

Article 1. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to provide detailed information on its engagement with the ZCTU regarding cases of alleged anti-union discrimination as compiled by the ZCTU. The Committee had noted the Government’s indication that it had engaged with the ZCTU in December 2016, which led to the resolution of most of the cases, although some could not be traced due to insufficient information. The Government had further indicated that with the assistance of the ILO, it was in the process of coming up with an electronic case management system, which would assist in tracking labour dispute cases, particularly those relating to anti-union discrimination. The Committee had requested the Government to provide detailed information on any developments on this subject. The Committee had also requested the Government to provide its comments on the ZCTU’s allegation of a widespread anti-union discrimination in the construction sector (where several members of the Zimbabwe Construction and Allied Trade Workers’ Union would have been victims of assault and harassment, mainly in multinationals and foreign-owned companies, and their representatives denied access to companies’ premises). The Committee notes with concern the ZCTU’s most recent submission that this issue remains unaddressed and its reference to new cases of anti-union discrimination. The Committee urges the Government to take all the necessary measures, without delay, to ensure effective protection against acts of anti-union discrimination in practice and to submit, in its next report, a detailed reply on the Committee’s previous request and on the ZCTU observations.