Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1(1) and 2(1). Freedom of career military personnel to leave their service. In its previous comments, the Committee noted that, in its observations, the Zimbabwe Congress of Trade Unions (ZCTU) alleges that the Defence (Regular Force) (Officer) Amendment Regulations No. 7 of 2016 compel a permanent service officer to continue to work for a period of 15 years in the public interest. In this regard, the Committee recalled that career military personnel may not be denied the right to leave the service in peacetime within a reasonable period, for example, by means of notice of reasonable length (2012 General Survey on the fundamental Conventions, paragraph 290).

The Committee notes the Government’s information that the Constitution prohibits the use of compulsory or forced labour and since the Constitution is the Supreme law of the country, it is applied equally to all citizens, including members of the Defence Forces. The Committee notes that, according to the provisions of the Defence (Regular Force) (Officers) Regulations No.7 of 2016, a permanent service officer shall retire on attaining the age of 50 years, provided that if the Minister, on the recommendation of the Commander, considers that it is desirable in the public interest, he or she may allow that officer to continue to serve until he or she attains the age of 55 or 60 years. This Regulation also provides that such officers who are serving an extended period of service may retire on giving 12 months written notice to the officer.

Article 2(2)(a). Services exacted from a person in place of service as a member of a disciplined force. In its earlier comments, the Committee referred to article 14(2)(c) of the Constitution and to section 4A(2)(c) of the Labour Relations Act, as amended by the Labour Relations Amendment Act, 2002, under which the expression “forced labour” does not include any labour required of a member of a disciplined force, in pursuance of their 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. The Government stated that the Labour Act would be amended to take into account the Committee of Experts’ comments. Noting that the Labour Amendment Act No. 5 of 2015 did not align section 4A(2)(c) with the Convention, the Committee requested the Government to take the necessary measures to amend or repeal section 4A(2)(c) of the Labour Relations Act.

The Committee notes the Government’s information that the draft Bill to amend the Labour Act, which contain amendments to align section 4A(2) with the Convention, has been formulated by the Attorney General and the Government has received comments on it from the social partners. The Committee notes the Government’s information in its supplementary report, that while the Employers’ Confederation of Zimbabwe has consented to the draft Bill, the ZCTU has submitted new proposals for amendments. However, it has been agreed to fast-track the Bill and present it for discussion before Parliament as soon as possible. The Committee firmly hopes that the Government will take the necessary measures to ensure that the draft Bill amending section 4A(2) of the Labour Act will be adopted in the near future. The Committee requests the Government to provide information on any progress made in this regard.

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 from being employed for the private benefit of any person, except on the order of the Commissioner. 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 requested the Government to take the necessary measures to ensure that section 71 of the Prisons (General) Regulations is amended in this respect. The Committee further noted the Government’s indication that it was in the process of amending a new Prisons and Correctional Services Act through a Bill, and that the Committee of Experts’ comments would be addressed in this respect. Noting an absence of information in the Government’s report on this point, the Committee once again requests the it to take the necessary measures to ensure that section 71 of the Prisons (General) Regulations, 1996, is amended within the framework of the above-mentioned amendment process.