Texts of pending comments

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 and 99 (minimum wage) together.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Consultation of social partners. The Committee previously noted the observations of the Zimbabwe Congress of Trade Unions (ZCTU) expressing concern at the disregard for tripartite consultation and the lack of consideration regarding costs of living, in the adoption of the statutory minimum wage through Statutory Instrument 81 of 2020. ZCTU also expressed concerns at the erosion of workers’ buying power and the deteriorating socio-economic environment plunging agricultural workers into poverty. The Committee notes the indication in the Government’s report that consultations regarding Statutory Instrument No. 81 of 2020 took place in the Tripartite Negotiating Forum (TNF). The Government also indicates that, as the TNF reached a deadlock, the Government examined the submissions of employers and workers and the Poverty Datum Line before promulgating that instrument, which was an interim measure to address wage erosion, while sectoral negotiations were expected to continue in national employment councils. The Committee also notes the adoption of revised minimum wage rates in the agricultural sector, negotiated in 2021 within the National Employment Council for Agriculture, and the Government’s statement that it cannot interfere with bipartite negotiations between employers and workers. The Committee emphasizes that respect for collective bargaining is without prejudice to the obligation to establish a minimum wage machinery and requests the Government to provide information on the outcomes of tripartite consultations regarding any future revision of the statutory minimum wage.

Article 4(1) of Convention No. 26 and Article 4(1) of Convention No. 99. System of supervision and sanctions. The Committee previously noted the measures taken to strengthen labour inspection as well as the concerns of ZCTU regarding the weakness and lack of resources of the labour inspectorate. It referred the Government to its comments adopted in 2020 concerning the ratified Conventions on labour inspection. In this respect, the Government provides information on the measures taken to improve the conditions of service and transport facilities of labour inspectors. The Committee takes note of this information, which addresses its previous request.

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

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC), received on 1 September 2021, which refer to the issues addressed by the Committee below.

Civil liberties and trade union rights. The Committee recalls that in its previous comments it expressed concern at the allegations submitted by the ITUC and the Zimbabwe Congress of Trade Unions (ZCTU) that, since the January 2019 crackdown on the ZCTU-organized general strike, the ZCTU President and General Secretary remained charged with subversion and were under strict release conditions, banned from traveling and forced to check in regularly at the police station. Both organizations further alleged retaliatory acts and violence against leaders of the Amalgamated Rural Teachers Union (ARTUZ) following protests organized by the ZCTU in 2020, and repression against workers’ protests in the health sector and several other instances of violation of civil liberties in the country that took place in 2020.

The Committee notes the Government’s indication that the case of the ZCTU President and General Secretary is still pending before the High Court. The matter was however removed from the court roll to enable the State to finalize its investigations, after which it will proceed by way of summons. The Government indicates that the social partners discussed this case in the tripartite meeting held on 5 and 6 October 2021 and agreed that the Government will engage the Prosecutor General’s Office to find a way forward with a view to bringing the matter to finality. The Government further indicates that the social partners discussed the case of the ARTUZ, which has been reported to the police. However, more information is needed about the ARTUZ Secretary for Gender who is said to have been arrested and tortured to enable Government to investigate the matter further, to engage with Zimbabwe Republic Police and to provide updates accordingly. At the meeting, the members of the ZCTU agreed to submit more information and details to enable the Ministry of Public Service, Labour and Social Welfare to pursue the matter. With regard to the ITUC and the ZCTU 2020 allegations, the Government indicates that it has requested specific details on some of the cases to enable proper follow up and responses on issues raised. The Committee requests the Government to provide information on all progress made on the above-mentioned cases. It further requests the Government to provide its comments on the conviction and sentencing of a primary school teacher for public violence after being arrested while protesting against poor salaries, as alleged by the ITUC in its latest communication.

The Committee recalls that it had previously noted that a commission of inquiry established to investigate the disturbances of 31 August 2018 found that six people were killed and 35 injured as a result of the military and police action, and recommended a payment of compensation for losses and damages caused. Noting with concern that the ZCTU personnel suffered injuries during these events, the Committee requested the Government to provide information on all progress made in giving effect to the commission’s recommendations. The Committee notes the Government’s indication that the consultations on compensation modalities are still ongoing. The Committee regrets that more than three years after the events, the issue of compensation has not been resolved. The Committee urges the Government to take the necessary steps to ensure that the compensation for damages suffered is paid without further delay and requests the Government to inform it of all progress made in this regard.

The Committee recalls that it had previously noted the Government’s indication that the training curriculum on freedom of association has been mainstreamed in the Police training manuals, that the Training Centres have been conducting the trainings and that the issue of alleged clashes between police and trade unions and alleged harassment by the police at roadblocks/checkpoints was an ongoing subject of discussion under the auspices of the Tripartite Negotiating Forum (TNF). The Committee further recalls that according to the Government, the TNF Social Cluster was tasked to engage the Police and develop a standard checklist for use by security forces at checkpoints. The Committee requested the Government to provide detailed information on the work carried out by the TNF Social Cluster and on the progress in its engagement with the police forces.

The Committee notes the Government’s indication that it prioritizes and will keep prioritizing continuous training and engagement of law enforcement agencies on fundamental principles and rights at work. The Government informs that a tripartite meeting to strengthen the observance of international labour standards and social dialogue in Zimbabwe was held on 30 July and 26 August 2021. The objective of the meeting was to discuss joint priorities as well as to come up with a roadmap to that end. The Government points out that one of the priorities is to improve engagement between trade unions and law enforcement agents. The Government indicates that to that end, consensus engagement workshops will be held between trade unions and law enforcement bodies in 2022 to review the implementation of the two instruments developed for use by the law enforcement bodies (the handbook on international labour standards and the code of conduct), to unpack the Maintenance of Peace and Order Act (MOPA) and to address the concerns of all parties.

The Committee notes a copy of the roadmap provided by the Government and the detailed information on the work of the TNF Social Cluster, in particular as regards various measures to contain the spread of COVID-19, including the issue of the need to have a standardized checklist to be used by security agents at roadblocks/checkpoints during lockdowns, so as to facilitate ease of passage of essential workers. The Committee further notes the Government’s indication that the guidelines and checklist for checkpoints were agreed to but are yet to be considered by the main TNF. The Committee requests the Government to provide information on the outcome of engagement between trade unions and the law enforcement bodies, which it expects will include a thorough examination of the allegations by the ZCTU and the ITUC of cases of violation of civil liberties. The Committee urges the Government to take the necessary measures for the adoption without further delay of the above-mentioned guidelines and checklists by the main TNF.

Maintenance of Peace and Order Act (MOPA). The Committee had noted the enactment of the MOPA in November 2019 and observed in this respect that it did not apply to public gatherings held by a registered trade union for bona fide trade union purposes for the conduct of business in accordance with the Labour Act. In this respect, noting its similarity to the repealed Public Order and Security Act (POSA), the Committee recalled the concerns previously raised by the ILO supervisory bodies regarding POSA’s de facto application to trade union activities and expected that the consultative meeting with the social partners to unpack the new legislation, which had been suspended due to the COVID-19 pandemic, would be held as soon as possible.

The Committee notes the Government’s indication that one of the activities agreed to at the tripartite meeting mentioned above is a tripartite consultative workshop to unpack the MOPA and that this unpacking and the general interface between the trade unions and the police should be with the view to addressing the concerns of all parties and in the main strengthening observance of international labour standards in Zimbabwe. The Committee expects that such a workshop will take place as soon as possible and requests the Government to provide information on all developments in this regard.

Labour law reform and harmonization. The Committee recalls that for a number of years it has been requesting the Government to bring the Labour Act, Public Service Act and Health Services Act into conformity with the Convention in full consultation with the social partners. The Committee expected that the operationalization of the TNF would allow for labour law reform and public service legislation harmonization to be concluded without further delay.

The Committee notes the Government’s indication that the Labour Amendment Bill is a product of extensive consultations with social partners and relevant stakeholders to bring the Labour Act into conformity with the comments made by the ILO supervisory bodies. The Government informs that, together with the Attorney General’s Office, it convened a peer review on the Labour Amendment Bill in April 2021 to ensure that all principles of the Convention and issues raised by social partners are incorporated into the Bill. The Bill was submitted to the Cabinet Committee on Legislation in May 2021, approved by Cabinet on 28 September 2021 and is now pending in Parliament. The Government explains that it was the agreement of the social partners that any outstanding issues regarding the international labour standards will be dealt with through the public consultations of the Parliament, which is open to all, including the social partners. To enable the social partners to do extensive consultations before the public hearings of the Parliamentary Portfolio Committee on Labour, they were provided with a copy of the Bill during the tripartite Consensus Building meeting held from 5 to 6 October 2021. The Government expects that the Parliamentary Legal Committee and the Parliamentary Portfolio Committee will be sensitized through a workshop to be arranged in conjunction with the Office on the comments made by the supervisory bodies with a view to ensuring that the Parliamentary Committees are empowered to play an oversight role on the development of a labour legislation responsive to deficiencies noted by the supervisory bodies. The Government indicates that it will provide the Committee with the new legislation once it is enacted into law.

The Government further informs that once the Constitutional Amendment Bill passed Parliament in April 2021, the Attorney General’s Office began working on the Public Service Amendment Bill. The Public Service Commission (PSC) has since received the third draft from the Attorney General’s Office for consideration. After consideration by the PSC, a stakeholder consultation will be held with all public service stakeholders. The Bill will be tabled before the TNF prior to its submission to Cabinet.

The Government further indicates that bilateral consultations within the Health Services Board are still ongoing on the principles of amending the Health Services Act. The parties are desirous of embarking on a holistic revamping of the Health Services in view of the shortcomings identified during the COVID-19 response period. It is envisaged that once these are finalized, they will be submitted to the TNF for consideration.

The Committee notes the detailed information provided by the Government on the work carried out by the TNF and its various clusters. The Government considers that the operationalization of the TNF will indeed expedite legislative reform in the world of work. The Government further considers that to this end, the enactment of the Standard Operating Procedures of the TNF, the appointment of its Executive Director, and the establishment of an independent secretariat are matters of priority and are currently under way within the Labour Cluster of the TNF.

The Committee welcomes the information provided by the Government on the legislative developments and the involvement of the social partners in the process in and outside the TNF. The Committee requests the Government to provide information on all further progress made in in this regard.

The Committee notes the Government’s request for technical assistance of the Office with regard to the issues raised above and trusts that all necessary assistance will continue to be provided to the Government and its social partners.

The Committee welcomes the Government’s indication that it will be engaging with the Office for mutually suitable dates in 2022 to receive the direct contacts mission requested by the Conference Committee.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment involving compulsory prison labour (by virtue of section 76(1) of the Prisons Act (Cap. 7:11) and section 66(1) of the Prisons (General) Regulations 1996) may be imposed under sections 64(1)(c)–(d), 72(1)–(2) and 80 of the Access to Information and Protection of Privacy Act (Cap. 10:27) (AIPP Act) for the abuse of freedom of expression, operating a mass media service without a registration certificate, falsification or fabrication of information, or contravention of any other provision of the Act. The Committee further noted the Government’s information that the AIPP Act was repealed in July 2020 and replaced with the Freedom of Information Act No. 1 of 2020 and requested the Government to supply a copy of the Act.

The Committee notes with interest that the Freedom of Information Act No.1 of 2020, which contains provisions concerning requests for access to information held by public entities to promote public accountability or for the exercise or protection of a right, does not retain any of the provisions which were contained under sections 64(1)(c)–(d), 72(1)–(2) and 80 of the AIPP Act.

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the detailed discussion, which took place at the 109th Session of the Conference Committee on the Application of Standards in June 2021, concerning the application by Zimbabwe of the Convention.

The Conference Committee deplored the continued use of penal sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political or social system. It urged the Government to ensure that no penalties involving forced labour may be imposed so as to be in compliance with Articles 1(a) and 1(d) of the Convention; and to repeal or amend sections 31, 33, 37 and 41 of the Criminal Law (Codification and Reform) Act No 23/2004 (Cap. 9:23) (Criminal Law Code), sections 7(5) and 8(11) of the Maintenance of Peace and Order Act No. 9 of 2019 (MOPA), and sections 102(b), 104(2)–(3), 109(1)–(2), and 112(1) of the Labour Act in order to bring them into conformity with the Convention in consultation with the social partners without delay. The Committee urged the Government to avail itself of technical assistance and to report to the Committee of Experts, prior to its 2021 session.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment (involving compulsory prison labour by virtue of section 76(1) of the Prisons Act (Cap. 7:11) and section 66(1) of the Prisons (General) Regulations 1996) may be imposed under various provisions of national legislation in circumstances falling within Article 1(a) of the Convention, namely:

-sections 31 and 33 of the Criminal Law (Codification and Reform) Act (Cap. 9:23) (Criminal Law Code) concerning publishing or communicating false statements prejudicial to the State; undermining authority of or insulting the President etc.; and
-sections 37 and 41 of the Criminal Law Code under which sanctions of imprisonment may be imposed, inter alia, for participating in meetings or gatherings with the intention of disturbing the peace, security or order of the public, uttering any words or distributing or displaying any writing, sign or other visible representation that is threatening, abusive or insulting, intending thereby to provoke a breach of peace; and engaging in disorderly conduct in public places with similar intention;
-sections 7(5) and 8(11) of the MOPA, which provide for sanctions of imprisonment for failure to give notice of processions, public demonstrations and public meetings; and failure to comply with a prohibition notice or any directions or conditions under which a procession, public demonstration or public meeting is authorized.

The Committee noted the ZCTU’s observation that the MOPA, which repealed the Public Order Security Act (POSA), was more draconian than the POSA. It also noted the statement made by the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, in 2019 that the MOPA has worrying similarities to the POSA and that it does not fully guarantee the exercise of the right to peaceful assembly. It continues to give law enforcement agencies broad regulatory discretion and powers.

The Committee notes the Government’s statement in its written information provided to the Conference Committee that the twenty ZCTU members who were arrested under section 37 of the Criminal Law for having participated in a ZCTU organized protest action in October 2018, which the Committee noted in its previous comments, were acquitted by the court on 12 November 2020. It also notes the reference made by the Government representative, during the Conference Committee discussion, to section 9 of the MOPA which explicitly exempts certain gatherings and meetings from the requirements stipulated under sections 7 and 8, including meetings convened by registered unions for bona fide trade union purposes for the conduct of business, in accordance with the Labour Act [Chapter 28:01]; and public gatherings for bona fide religious or educational purposes, or those held by members of professional, vocational or occupational bodies for non-political purposes.

The Committee, however, notes that, in its observations, the ITUC reiterates that workers in Zimbabwe still face penal sanctions involving compulsory labour as a punishment for expressing views opposed to the established political, social or economic system. It states that the criminal provisions, together with their prison terms and compulsory prison labour, are used to drag trade union leaders and workers seeking to exercise their civil liberties and fundamental rights through the criminal justice system. The ITUC points out that while the failure to notify the authorities of the intention of holding a public gathering and violations of the prohibition of public gatherings or public demonstration are punishable with imprisonment of up to six months under the POSA, similar offences under sections 7(5) and 8(11) of the MOPA are punishable with one year imprisonment. The ITUC recalls that compulsory labour is by virtue of the Prisons Act and that section 76(1) of the Prisons Act and section 66(1) of the Prisons Regulations make compulsory prison labour, in practice, the norm for all prisoners. In this regard, the ITUC refers to the arrests of two ZCTU leaders in 2019 following a protest action, who were convicted and sentenced to imprisonment for a period of twenty years, as well as the arrest in December 2020 of an officer of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) who was convicted, under section 37 of the Criminal Code, after a trade union protest action against the erosion of teachers’ salaries by the Government. She was jailed for 16 months and underwent compulsory prison labour.

The Committee notes the Government’s information in its report that the prison system in Zimbabwe went through a transformation focusing on rehabilitation of offenders for integration into society and that the use of labour in prisons has been outlawed. In order to give effect to this transformation and to bring it into conformity with the Convention, the Prisons Act is currently being amended. The Government also states that pending the promulgation of this amendment, Prison Officers have been given policy directives to discontinue administering labour in prisons. Hence, the provisions of the MOPA and the Criminal Law Code, in question, are no longer applied in practice. The Committee further notes a copy of the ILO Roadmap on Strengthening International Labour Standards observance and Social Dialogue in Zimbabwe provided by the Government, which indicates the Government’s readiness to engage in tripartite dialogue to address some of the existing challenges, including to unpack the MOPA and to facilitate a direct contacts mission to discuss issues of forced labour raised by the Conference Committee.

In addition, the Committee notes that the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, in his report of May 2020, on his visit to Zimbabwe, acknowledged restrictions against those representing dissenting voices and expressed concern about the application of section 22 (subverting constitutional Government) of the Criminal Law Code to prosecute human rights defenders, and civil society and opposition leaders suspected of having played important roles in protests, which could lead to imprisonment for up to 20 years (A/HRC/44/50/Add.2, paragraphs 63 and 64).

While taking due note of certain measures taken by the Government to address the issues related to compulsory prison labour, the Committee expresses its concern that the practice of arrests, prosecutions and convictions involving the imprisonment of persons exercising their right to peaceful assembly still continues and that the legal basis for imposing labour on a person sentenced to imprisonment still exists. In this respect the Committee recalls that Article 1(a) of the Convention prohibits the imposition of any form of compulsory labour, including compulsory prison labour, as a punishment for expressing political views or views opposed to the established political, social or economic system. Accordingly, in light of the proposed amendments to the Prisons Act prohibiting compulsory prison labour, the Committee strongly urges the Government to take the necessary measures to review sections 31, 33, 37 and 41 of the Criminal Law Code and sections 7(5) and 8(11) of the MOPA, so as to ensure that, both in law and in practice, no penalties involving compulsory labour shall be imposed on any person in relation to their holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information on any progress made in this regard as well as with regard to the amendments made to the Prisons Act. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the abovementioned provisions in practice, supplying copies of the court decisions and indicating the penalties imposed.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for having participated in strikes. In its earlier comments, the Committee noted certain provisions of the Labour Act (sections 102(b), 104(2)–(3), 109(1)–(2), and 122(1)) that establish sanctions of imprisonment, which involves compulsory prison labour, for persons engaged in an unlawful collective action. The Committee noted the Government’s indication that these sections of the Labour Act were included in the draft Principles for the Harmonization and Review of Labour Laws in Zimbabwe. Noting an absence of information in the Government’s report and the lack of progress in the labour law reform, the Committee strongly urged the Government to ensure that the above-mentioned sections of the Labour Act are amended in conformity with Article 1(d) of the Convention so that no sanctions of imprisonment may be imposed for organizing or peacefully participating in strikes.

The Committee notes from the Government’s written information to the Conference Committee that the Labour Amendment Bill which repeals sections 102(b), 104(2)–(3), 109(1)–(2) and 122 of the Labour Act, is in the process of being adopted. According to the Government’s report the Bill has been approved by the Cabinet Committee on 28 September, 2021 and is now pending in Parliament. The Government indicates that the Labour Amendment Bill is a product of extensive consultations with social partners and relevant stakeholders to bring the Labour Act into conformity with the comments made by the ILO supervisory bodies. The Committee expresses the firm hope that the Labour Amendment Bill, which repeals sections 102(b), 104(2)–(3), 109(1)–(2) and 122 of the Labour Act, will be adopted in the near future. It requests the Government to provide information on the progress made in this regard as well as to provide a copy, once it has been adopted.

The Committee encourages the Government to continue to avail itself of ILO technical assistance in its efforts to bring its law and practice into compliance with the provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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).

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2019 and 29 September 2020, respectively.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. In its previous comments, the Committee noted the enactment of the Trafficking in Persons Act, 2014, which provides for a penalty of life imprisonment or any definite period of imprisonment of not less than ten years for offences related to the trafficking of persons (section 3(2) Parts I and II). The Committee requested the Government to provide information on the application in practice of the Trafficking in Persons Act, 2014.

The Committee notes the Government’s information in its report that between 2016 and 2018, the police received and dealt with 72 cases of trafficking in persons, of which 71 cases involved female victims trafficked for domestic servitude in Kuwait and the Middle East. Twenty four persons were arrested and the cases are at various levels of prosecution. The Committee also notes from the second national Plan of Action on human trafficking (NAPLAC) 2019–2021 that, as part of capacity-building for law enforcement officials, modules on trafficking in persons are included in police training. This covers the Trafficking in Persons Act, investigations of cases related to trafficking in persons and public awareness-raising. Capacity-building workshops were conducted for members of the judiciary on adjudication and trials of trafficking in persons cases which were attended by 20 provincial heads of prosecutions and ten provincial heads of magistracy. The Committee requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Act and to provide information on the convictions and penalties applied. It also requests the Government to continue to provide information on the number of cases of trafficking for both sexual and labour exploitation that have been detected and investigated by the competent authorities.

2. Programme of action. Protection of victims. In its previous comments, the Committee requested the Government to provide information on the measures taken within the framework of the NAPLAC 2016–2018, as well as the results achieved in this regard.

The Committee notes the ZCTU’s observation that there is still a lack of awareness of the issue of trafficking in persons, as well as limited policies and programmes in place to assist and protect victims of trafficking.

The Committee notes the Government’s information on the activities undertaken within the framework of the NAPLAC 2016–2018. This includes: (i) awareness-raising campaigns conducted in Harare and Bulawayo to sensitize the public on the Trafficking in Persons Act and trafficking-related offences; (ii) distribution of information materials containing messages against trafficking; (iii) commemoration of the World Day against trafficking in persons and awareness-raising of various forms of trafficking; and (iv) establishment of a referral system to ensure assistance and protection of victims of trafficking. The Government also indicates that the reintegration assistance provided to repatriated victims and other victims of trafficking include shelter; medical, educational, psychosocial and legal support; academic training, skills-acquisition and livelihood programmes; financial support to start income-generating projects; and for those with children of school age, assistance under the various Government scholarships, such as the basic education assistance module (BEAM).

The Committee further notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that a shelter for the victims of trafficking was refurbished at Harare hospital. A total of 100 female victims of trafficking were provided reintegration assistance, including support to start income-generating projects, as well as academic and skills-acquisition training. The Committee lastly notes that the NAPLAC has been updated based on the key findings, lessons learned and recommendations of the evaluation for the previous NAPLAC, which will guide the national response to trafficking in persons for the period from 2019-2021. The Committee requests the Government to pursue its efforts to combat trafficking in persons and to provide information on the measures taken on the prevention, protection, assistance and repatriation of trafficking victims, including within the framework of the NAPLAC 2019–2021.

Articles 1(1) and 2(1). 1. Legislation concerning vagrancy. In its previous comments, the Committee drew the Government’s attention 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 noted that the provisions of the Vagrancy Act are worded in such general terms as to lend themselves to application as a means of indirect compulsion to work. The Committee noted the Government’s indication that the Vagrancy Act would be amended in order to bring it into compliance with the Convention.

The Committee notes the observations of the ZCTU that the Vagrancy Act remains the same and that no progress has been made in this regard.

The Committee notes the Government’s information that the alignment of various pieces of legislation with the Constitution is ongoing and that the Vagrancy Act is one of the Acts that has been earmarked for alignment. The Committee firmly hopes that the Government will take the necessary measures, without delay, to ensure that in the context of the alignment of its legislation with the Constitution, the Vagrancy Act will be amended, so that its provisions will be limited to the situations where the persons concerned disturb public order or tranquillity or engage in unlawful activities.

The Committee is raising other matters in a request addressed directly to the Government.

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.

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC) and the Zimbabwe Congress of Trade Unions (ZCTU), received on 16 and 29 September 2020, respectively, which refer to the issues addressed by the Committee in the present comment. The Committee further notes that the ZCTU also alleges that collective bargaining rights have been seriously diminished during the COVID-19 era as some employers have taken advantage of the pandemic and ignored the call for negotiations to alleviate the plight of workers. Finally, the ZCTU indicates that it brought some of the issues relating to the protective measures against COVID-19 to the Tripartite Negotiating Forum (TNF) but no discussions have taken place. The Committee notes that, similarly, the ITUC alleges that the Government has unilaterally declared that it would not be engaging in any form of collective bargaining in the health sector, thereby rendering the Bipartite Negotiating Panel for the health sector useless. The Committee requests the Government to provide its comments thereon.

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

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 urged 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 would move forward without further delay and in full consultation with the social partners.

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.

The Committee notes the Government’s indication that the draft Bill had been thoroughly examined by the Government and the social partners at a stakeholders’ meeting convened from 30 September to 1 October 2019 and that amendments were made taking into considerations the proposals by the social partners. An agreement was reached with the social partners to allow the drafters to polish the Bill in line with the outcomes of the meeting. The revised Bill was submitted to social partners for their comments. The Government points out that while the employers’ side consented to the revised Bill and proposed that the Bill be processed, the labour side submitted new requests for amendments that had not been discussed in previous meetings. These and subsequent requests were submitted to the Attorney General’s Office with the view to finalize the draft Bill. The Government indicates that there has been an agreement to fast track the Bill in its current form to ensure that it is tabled before the 9th Parliament of Zimbabwe as soon as possible.

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 TNF 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 the Government’s indication that the amendment of the Public Service Act is with the Attorney General’s Office, waiting for necessary constitutional amendments that have a bearing on the Act and that the Constitutional Amendment Bill is currently under Parliamentary public consultations. Regarding the Health Services Act, the Government informs that it is currently embarking on a re-organization exercise of the health sector to address the challenges including those faced during the COVID-19 period. It indicates that there is a commitment for a holistic review of the enabling legislation and that this will also be brought to the TNF for consideration.

The Committee notes with concern that according to the most recent ZCTU’s observations, there has been no progress with respect to the legislative changes requested by the ILO supervisory bodies and that the process of the tripartite dialogue on the labour law reform remains uncompleted. The Committee further notes the concerns expressed by both the ZCTU and the ITUC regarding the functioning of the social dialogue institutions, the TNF and the Bipartite Negotiating Panel in the health sector. While noting the information provided by the Government, the Committee expects that the labour and public service legislation will be brought into conformity with the Convention without further delay in full consultation with the social partners and 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.

The Committee notes with interest the Government’s indication that the Special Economic Zones Act was repealed and replaced by the Zimbabwe Investment Development Agency Act (ZIDA). The Committee notes the Government’s indication that pursuant to section 11 of the ZIDA, the Labour Act supersedes any law when it comes to employment issues and that the ZIDA Act has also established a One-Stop Investment Services Centre, which consists of representatives from several government ministries/departments including the Ministry of Labour, who have a mandate to assist and advise investors. The Committee requests the Government to provide information on the application of the Convention in practice in the special economic zones and to indicate the number of collective agreements in force for such zones.

Application of the Convention in practice

Article 1. Adequate protection against acts of anti-union discrimination. The Committee recalls that it had previously urged the Government to take all the necessary measures, without delay, to ensure effective protection against acts of anti-union discrimination in practice. In this respect, it had also requested the Government to provide detailed information on any developments regarding an electronic case management system, which would assist in tracking labour dispute cases, particularly those relating to anti-union discrimination the Government was in the process of developing with the assistance of the ILO.

The Committee notes the Government’s indication that it has developed a concept note, which was shared with social partners and the ILO, leading to the engagement of a consultant in 2019 to develop the Software Requirements Specifications (SRS) of the electronic case management system. The SRS document was submitted to the ILO in May 2020 for standard check. Resources are being mobilized for the procurement of hardware equipment to operationalize the system. The Committee requests the Government to provide information on the developments in this regard.

The Committee recalls that it 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) as well as on other cases of anti-union discrimination.

The Committee notes that the Government disputes that there is a wide spread anti-union discrimination in the construction sector. It further notes the Government’s indication that all alleged cases were investigated, that it has conducted joint inspections in areas alleged to have anti-union discrimination and has encouraged trade unions to report all such cases. The Committee encourages the Government to continue engaging with the social partners on all issues of application of the Convention in practice and to ensure that all allegations of violation are promptly investigated.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) together. 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). It also takes note of the observations received from the Zimbabwe Congress of Trade Unions (ZCTU) in 2019 and 2020 regarding the application of these Conventions.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Consultation of the social partners. The Committee notes that ZCTU indicates that the statutory minimum wage has been revised in 2020 through the adoption of Statutory Instrument 81 of 2020. ZCTU alleges that the Government made a unilateral decision and did not seek consensus when adopting the new rate. ZCTU expresses concern about the disregard of the need to consult social partners and the lack of consideration of the cost of living in the determination of the minimum wage level. ZCTU also refers to the 2020 minimum wage rates reviewed by collective bargaining agreements in the agricultural sector. While appreciating the commitment by employers to collective bargaining, ZCTU expresses concern at the erosion of the workers’ buying power and the deteriorating socio-economic environment which have plunged agriculture industry workers into poverty. The Committee requests the Government to provide its comments in this regard.

Article 4 (1) of Convention No. 26 and Article 4 (1) of Convention No. 99. System of supervision and sanctions. Further to its previous comments, the Committee notes the information provided by the Government on the measures taken to strengthen the labour inspection system. It also notes that ZCTU reiterates its concerns about the weakness and lack of resources of the labour inspectorate. Noting that these matters are addressed in detail in its comments on the application of ratified Conventions on labour inspection, the Committee refers to its comments in this regard.

[The Government is asked to reply in full to the present comments in 2021.]

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

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). The Committee also notes the observations made by the Zimbabwe Congress of Trade Unions (ZCTU) on the application of Conventions Nos 81, 129 and 150, received on 1 October 2020.

Labour Inspection: Conventions Nos 81 and 129

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Role of labour inspectors in labour disputes. In its previous comments, the Committee requested information on the measures taken to separate the functions of labour inspection and those of conciliation and mediation. The Committee notes that the Government indicates that it does not currently envisage the separation of the functions of labour inspection and those of conciliation and mediation due to current fiscal constraints. The Government adds that this is due to the fact that the separation of functions would require an increase in the number of labour inspectors and labour officers in order to effectively address issues throughout the country. The Committee also notes the Government’s indication that, once the economic situation improves, consultations on the separation of functions are expected to resume. The Committee requests the Government to provide information on the progress made with regard to measures taken to separate the functions of labour inspection from those of settlement of labour disputes, including the consultations undertaken and their results.

Articles 5(a), 7, 17 and 18 of Convention No. 81 and Articles 22 and 23 of Convention No. 129. Effective cooperation between the labour inspection services and the justice system, legal proceedings and enforcement of adequate penalties. The Committee notes the information provided by the Government, in reply to its previous request for information on the arrangements for cooperation between the labour inspection services and the justice system, that the National Social Security Authority (NSSA) initiated workshops for judges and magistrates in 2018 in order to inform them about the importance of occupational safety and health (OSH) and the presence of OSH laws, and to enhance cooperation between the NSSA, OSH inspectorate services and the judicial system. The Committee notes that the Government indicates that inspectors received training on legal prosecution and that it plans to carry out training and evaluation activities involving the police, the judiciary, the National Prosecuting Authority and officials from the Ministry of Public Service, Labour and Social Welfare, in order to improve understanding of issues related to the implementation of the work of the inspectorate. It further notes the Government’s indications that as of August 2020, 11 violations of OSH laws identified in factories were handed over for prosecution. The Committee requests the Government to continue to provide information on the activities carried out in practice to enhance cooperation between the labour inspection services and the justice system. It once again requests the Government to provide statistics on violations that are disaggregated by reference to the legal provisions involved (OSH, failure to pay wages on time, freedom of association, among other provisions). The Committee also requests the Government to provide statistics on follow-up action for all issues of non-compliance detected, including statistics on the outcome of the cases transmitted for prosecution, the number and nature of penalties imposed for violations of labour legislation and the amount of fines collected.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes the indications provided by the Government, in response to its previous request concerning the conditions of service of labour inspectors, that despite limited financial resources the Government has been constantly reviewing the salaries and benefits of public sector employees, as well as the provision of other non-monetary benefits to its employees. The Committee further notes that in its supplementary report, the Government indicates that despite the economic difficulties due to COVID-19, the Government has continued to engage workers in the public service, including inspectors, and has aimed to improve the salaries and benefits of public sector employees. In this regard, the Committee takes due note of the Government’s indications that in June 2020, the Government granted a non-taxable COVID-19 allowance to support inspectors during the lockdown period and that it has recently granted a 40 per cent salary adjustment. Welcoming the measures taken, the Committee requests the Government to continue to provide information on the measures taken or envisaged to further improve the conditions of service of labour inspectors.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training of labour inspectors. In reply to the Committee’s previous request for specific information on training provided to labour inspectors responsible for the agricultural sector, the Government indicates that the National Employment Councils for the Agriculture Industry conducts training for its officers. The Committee requests that the Government provide information on training provided to labour inspectors, and particularly specific information on training of labour inspectors responsible for the agricultural sector, including detailed information on the number, subject matter, and duration of training sessions and information on training in relation to OSH.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources and coverage of workplaces by labour inspection. In its previous comment, the Committee noted the Government’s indication that a challenge facing effective labour inspection remained that of limited material resources, most notably motor vehicles and it requested information on the measures taken to improve the material means at the disposal of the labour inspection services. The Committee notes that the Government indicates that, due to limited financial resources, there have been few resources available for use by labour inspectors. It also notes the Government’s indications that in 2019, the Ministry requested more resources from the Treasury to be able to carry out efficient operations, including on labour inspections. It further notes the Government’s indication that as part of the 100-day rapid results programme that took place between April and July 2018, the Ministry of Public Service, Labour and Social Welfare inspected 1,001 workplaces. In addition, the Committee notes the information provided by the Government that as of September 2020, 2,636 factory inspections were conducted.

The Committee notes the ZCTU’s statement that the labour inspection system has been weak and proper workplace inspections have not been carried out for a long time. The ZCTU states that there have not been any improvements, and that there are still many violations relating to health and safety as well as the non-payment of the agreed minimum wages. The ZCTU further indicates that there is no efficient monitoring and enforcement system and that there is a lack of financial capacity to carry out the inspections. The Committee requests that the Government respond to the ZCTU observations. The Committee urges the Government to provide information on the measures taken to ensure that workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. In this respect, it requests the Government to provide information on the progress made in relation to measures to improve the material means, particularly transport facilities, at the disposal of the labour inspection services. The Committee also requests the Government to continue to provide statistics on the number of labour inspection visits carried out and the number of workplaces and workers covered by these visits in the different sectors.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection. The Committee notes the Government’s indications, in response to its previous request on the manner in which occupational accidents and cases of occupational disease are notified to the labour inspection services, that under section 14(3) of the Factories and Works Act, every accident resulting in the employee's absence from work for three days or more shall be notified in writing to the Chief Inspector of Factories, as soon as possible after the accident in the manner and in the form prescribed. The Government adds that all notified accidents will be subsequently reported by the Chief Inspector to the Ministry of Public Service, Labour and Social Welfare each month. The Committee also notes the Government’s indications that under section 14(5) of the Factories and Work Act, medical practitioners who attend any person suffering from an occupational disease resulting from lead, phosphorus, arsenical or mercurial poisoning or anthrax are required to report the matter to the inspectorate in writing. It further notes the Government’s indication that section 48(2) of the Statutory Instrument 68 of 1990 requires the employer to notify the NSSA general manager of an accident within 14 days of the date of the accident and subsequently notify the inspectorate if there are reasonable grounds for investigation to determine whether the accident is compensable. The Committee requests the Government to provide information on any prescriptions established under section 14(3) of the Factory Act related to the form and manner of notification. It also requests the Government to provide information on any measures taken or envisaged to ensure the notification of all cases of occupational disease (in addition to those listed in section 14(5) of the Factories and Work Act).

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties for the violation of OSH provisions. The Committee notes the Government’s indications, in reply to its previous request concerning penalties for violations of the legal provisions on OSH, that the OSH Bill will address the issue by providing adequate penalties for the violation of OSH provisions. The Committee requests the Government to take the necessary measures to ensure that the legislation provides for adequate penalties for violations of legal provisions on OSH, and to provide information on the measures adopted, including the adoption of the OSH Bill.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation of and transmission to the ILO of annual reports on the activities of the labour inspection services. The Committee notes with concern that no annual report on the work of the labour inspection services was received by the Office. However, it notes the Government’s indication that it is developing an Integrated Labour Market Information System that will be enable it to provide the required statistics. The Committee requests the Government to take the necessary steps to ensure that the labour inspection report is published in accordance with Article 20(1) of Convention No. 81 and Article 26(1) of Convention No. 129. It also requests the Government to ensure that the labour inspection report, containing all the information referred to in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, is transmitted to the Office on an annual basis.

Issues specifically concerning labour inspection in agriculture

Articles 14 and 21 of Convention No. 129. Number and powers of labour inspectors in agriculture. In its previous comments, the Committee requested the Government to provide information on its human resources strategy to ensure adequate coverage of workplaces in the agricultural sector by labour inspections. The Committee notes that the Government indicates that apart from the 120 government labour inspectors who conduct inspections in the agricultural industry, the National Employment Council (NEC) for Agriculture also conducts inspections throughout the country. It also notes that the Government indicates that the NEC for Agriculture has eight designated agents throughout the country. The Government indicates that between January 2019 and February 2020, the NEC carried out 342 labour inspections. Lastly, the Committee notes that the Government indicates that, with respect to the powers of labour inspectors related to OSH, the jurisdiction of inspectors under the Factories and Works Act is limited to factories and building works, leaving non-factory environments, such as agriculture, inadequately monitored. With reference to its comments in its Observation on Article 18 of Convention No. 129, the Committee requests the Government to provide further information on the measures it is taking to ensure the enforcement of the legal provisions related to safety and health in the agricultural sector.

Labour Administration: Convention No. 150

Articles 4 and 10 of the Convention. Organization, effective operation and coordination of the system of labour administration. Capacity of labour administration staff. In its previous comments, the Committee requested the Government to provide its comments in relation to the observations made by the ZCTU that the dispute resolution system continues to be cumbersome due in part to the shortage of personnel for dispute resolution and the poor remuneration paid to Government employees.

The Committee notes that the Government indicates, in response, that the new dispute resolution system proposed in the Labour Amendment Bill is expected to address the concerns of the ZCTU. The Committee also notes the Government’s indications, in reply to its previous request for information on the functioning of the dispute resolution system that, there are currently 113 public arbitrators, 58 of them housed in the Ministry of Public Service, Labour and Social Welfare and 55 in the Employment Councils. It further notes the Government’s indications that it has appointed 33 independent arbitrators and that the ongoing reform of labour law is expected to improve the current system. The Committee requests the Government to continue to provide information on the measures taken to strengthen the dispute resolution system, including any legislation adopted in this respect. In addition, the Committee requests the Government to provide information on the functioning of the dispute resolution system, including the number of cases pending and dealt with, the average length of the procedure until a decision is taken, and the outcomes.

Article 5. Promotion of effective consultation and cooperation between public authorities and bodies and employers and workers organizations. The Committee notes the Government’s indications, in response to its previous request on the measures undertaken to promote consultation and cooperation between public authorities and employers and workers organizations, that the Government adopted the Tripartite Negotiating Forum (TNF) Act in June 2019. The Government indicates that the social dialogue forum will improve dialogue, consultation and efficiency between the tripartite partners. The Committee also notes the Government’s indication that it convenes at least two National Employment Council symposiums on pertinent labour issues per year. The Government indicates that this allows for effective consultation and cooperation between employers’ and workers’ organizations. The Committee further notes the Government’s indications that the Zimbabwe Occupational Safety and Health Council, which is tripartite, has at least three meetings each year to ensure that the Government regularly consults with employers and workers organizations on OSH issues. In addition, the Committee notes the supplementary information provided by the Government indicating that since the enactment of the TNF Act, there has been a lot of engagement with social partners with a view to strengthening social dialogue in Zimbabwe. This includes a TNF Technical Committee meeting in October 2019 and the first of the TNF Technical clusters workshop in January 2020 to discuss pertinent issues including the operationalisation of the TNF. The Committee also notes the Government’s indications that despite the limitations from COVID-19 lockdown measures, the TNF has held a number of meetings virtually, mostly on matters to mitigate the challenges caused by the COVID-19 pandemic. It further notes the Government’s indication that most of the recommendations undertaken by the COVID-19 National Taskforce emanated from discussions of the TNF, including establishment of a fund to support vulnerable businesses; the protection of frontline and essential services workers; and the establishment of an unemployment benefits fund. Lastly, the Committee notes the Government’s indication that during the lockdown period, the Government incorporated social partners into labour inspections, which strengthened the tripartite engagement and social dialogue in the country. With reference to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee requests that the Government continue to provide information on the measures undertaken to promote consultation and cooperation between public authorities and employers and workers organizations.

Article 7. Gradual extension of the functions of the system of labour administration. Further to its previous comments in this regard, the Committee notes the Government’s indication that there are currently no plans to extend the functions of the system of Labour Administration to any of the categories listed in Article 7(a)–(d) of the Convention. The Committee requests the Government to continue to provide information on any developments in this respect.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

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 3(1)(a) and (b), 4 and 6 of Convention No. 81 and Articles 6(1)(a) and (b), 7 and 8 of Convention No. 129. Functions assumed by designated agents. In its previous comments, the Committee requested the Government to indicate whether the “designated agents” of the employment councils (which report to the Ministry of Public Service, Labour and Social Welfare) assume labour inspection functions as provided for in Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129, or whether they assume exclusively other functions, such as the conciliation and mediation of labour disputes. The Committee notes that the Government indicates in its report that “designated agents” carry out functions of conciliation and mediation of labour disputes in their respective sectors, in addition to carrying out labour inspection functions. It also notes the Government’s indications that “designated agents” of employment councils derive their powers from section 63 of the Labour Act and exercise similar functions to those of labour officers, except that they operate only in one specific industry. The Committee requests the Government to provide information on the manner in which the labour inspectorate maintains supervision and control of the designated agents in their performance of labour inspection functions, in accordance with Article 4 of Convention No. 81 and Article 7 of Convention No. 129. It also requests the Government to provide specific information on the labour inspection powers and duties of these agents, the resources provided to them, the procedures for their recruitment and any training provided to them. Lastly, the Committee requests the Government to provide further information on the status and conditions of designated agents performing labour inspection functions (Article 6 of Convention No. 81 and Article 8 of Convention No. 129), including their conditions of job security and levels of remuneration in comparison to job security and remuneration for other employees performing labour inspection functions, and how it is ensured that the status and conditions of service of designated agents are such as to guarantee their independence from any improper external influence.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Preventive measures by labour inspectors with immediate executory force. The Committee previously noted that the Factories and Works Act gives partial effect to Article 13 of Convention No. 81, and noted the Government’s indication that the proposed Occupational Safety and Health (OSH) Bill would explicitly provide inspectors with immediate executory powers to stop work where there is imminent danger to the worker. The Committee notes that, in reply to its previous request, the Government once again refers to certain provisions of the Factories and Works Act relating to the powers of inspectors (sections 5(6), 6 and 19(1)(a) and (b)) and states that the jurisdiction of inspectors under this Act is limited to factories and building works, leaving a gap with respect to non-factory environments, such as agriculture. The Government adds that the OSH Bill seeks to extend inspectors’ mandate to cover all workplaces. The Committee further notes that, according to the supplementary information provided by the Government, the OSH Bill has been submitted to the Cabinet Committee on Legislation for consideration. The Committee requests the Government to pursue its efforts to give full effect to Article 13(2)(b) of Convention No. 81 and Article 16(2)(b) of Convention No. 129, to empower inspectors to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers in all sectors, and to provide examples of instances when factory inspectors have undertaken preventive measures with immediate executory force, including but not limited to issuing prohibition notices, or ordering work stoppages. While welcoming the indication of progress on the OSH Bill, the Committee notes that the Government has been referring to the proposed or upcoming OSH Bill for a number of years; the Committee trusts that the Government will soon be in a position to provide specific information on the adoption of the OSH Bill.

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).

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2019 and 29 September 2020, respectively.

Articles 1 and 2(1) of the Convention. 1. National policy, scope of application and application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that it continued to pursue its efforts to reintegrate children through the National Action Plan for Orphans and other Vulnerable Children (NAP-OVC) and the Basic Education Assistance Module (BEAM). However, it noted from the 2014 Child Labour Report of the Zimbabwe National Statistics Agency that 1.6 million children in the age group of 5–14 years were involved in some form of economic activity. More than 2.7 million children of this age group were engaged in non-economic activities or unpaid work. This report also indicated that paid child labour was more prevalent in the agricultural, forestry and fishing sectors. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2016, expressed concern at the persistence of child labour, including hazardous work, and at the exploitation of children, particularly from low-income households, in the informal economy, including low payment of wages and long working hours (CRC/C/ZWE/CO/2, paragraph 72). The Committee urged the Government to strengthen its efforts to ensure the progressive elimination of child labour in all sectors.

The Committee notes the observations of the ZCTU that child labour, including hazardous work, is still high particularly in the informal economy, domestic service, mining, agriculture and tobacco farms. Children as young as 12 years are employed in farming. The ZCTU states that the child labour situation has been worsened due to the poor socio-economic conditions and that the Government has failed in implementing its previous plan of action developed in this regard.

The Committee notes the Government’s information in its report that BEAM, one of the numerous forms of social protection measures, is being implemented to reach out to children who have never been to school due to social and economic constraints. The Committee notes the Government’s information in its supplementary report that in 2018, 415,000 and in 2019 583,547 orphans and vulnerable children have been supported with educational assistance through BEAM, respectively. This project aims to support a targeted 1,200,000 orphans and vulnerable children in 2020 for which the Government has increased the budgetary allocation to 450 million Zimbabwean dollars. The Government also indicates that the Ministry of Public Service, Labour and Social Welfare undertook a country-wide labour inspection initiative from April to July 2018. This initiative enabled all labour inspectors to visit workplaces and check compliance with the Labour Act, including child labour. The Government also indicates that it is in the process of formalizing the informal sector which would assist in reducing decent work deficits as well as child labour in the informal sector. The Committee further notes the information provided by the Government in its joint report of 2019 on the Labour Inspection Convention, 1947 (No.81) and the Labour Inspection (Agriculture) Convention, 1969 (No.129) that apart from the 120 Government labour inspectors that conduct inspections in the agricultural industry, the National Employment Council (NEC) for the Agricultural Industry also conducts inspections throughout the country. The NEC for Agriculture which has eight designated agents spread across the country, has carried out 301 labour inspections for the period from January to June 2019.

The Committee further notes from the National Action Plan for Orphans and Vulnerable Children Phase III, 2016–2020 (NAP-OVC) document that this framework will guide the activities of all stakeholders who are engaged in implementing coordinated interventions aimed at assisting children to meet their needs, fulfil their rights and ensure their protection from exploitation. The Committee, however, notes from the Government’s report that according to the findings of the Labour Force and Child Labour Survey of 2019, out of the 4.2 million children aged between 5–14 years, about one per cent of children are estimated to be in child labour with more boys engaged in child labour than girls. The survey report published in 2020 indicates that a greater proportion of children involved in child labour were in agriculture, forestry and fishing industry and the retail trade industry. The report also indicates that child labour is more prevalent among children aged between 10–14 years and that about three per cent of the children had never been to school while a quarter had dropped out-of-school. Noting that a significant number of children are engaged in child labour, the Committee once again urges the Government to strengthen its efforts to ensure the progressive elimination of child labour, including through the effective implementation of BEAM and the NAP-OVC. It requests the Government to provide information on the measures taken in this regard and on their impact in eliminating child labour. The Committee also requests the Government to continue to provide information on the labour inspection services undertaken by the labour inspectors and the NEC for Agriculture with regard to child labour and the number and nature of violations detected, including in the agricultural sector. In this regard, the Committee requests the Government to take the necessary measures to reinforce the capacities of the labour inspection services of the labour inspectorate and the NEC for Agriculture so as to enable them to adequately monitor and detect cases of child labour, including in the informal economy.

2. Minimum age. The Committee notes the Government’s information that the minimum age for entry into employment has been raised from 15 to 16 years. The Committee accordingly notes that section 11(a)(ii) of the Labour Act as amended by section 3 of the Labour Amendment Act of 2015 stipulates that no employer shall employ any person who is under the age of 16 years in any occupation. The Committee encourages the Government to take the necessary measures to raise the minimum age for admission to employment or work from 14 years (initially specified) to 16 years. In this regard, the Committee requests the Government to consider the possibility of sending a new declaration under Article 2(2) of the Convention thereby notifying the Director-General of the ILO that it has raised the minimum age that it had previously specified.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s information that primary education, which extends up to nine years, shall be completed at the age of 12 years. It also noted the Government’s information that various measures have been implemented, including: (i)the school feeding programme; (ii) non-formal education for school drop-outs; and (iii) a reduction in the cost of education which ensured school enrolment of children, their retention and completion of education and which addressed the issue of school drop-outs at all levels. However, noting that the age of completion of compulsory schooling was less than the minimum age for admission to employment, the Committee requested the Government to consider raising the age of completion of compulsory education so as to link it with the minimum age of 14 years for admission to employment or work.

The Committee notes with regret that the Government has not taken any legal measures in this regard. It notes the Government’s information that the Ministry of Primary and Secondary Education has not fixed any age for the completion of compulsory schooling. The Committee once again draws the Government’s attention to the necessity of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided for under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions, paragraph 371). The Committee therefore urges the Government to take the necessary measures to raise the age of completion of compulsory education so as to link it with the minimum age for admission to employment or work which is 16 years in accordance with the Labour Amendment Act of 2015. It requests the Government to provide information on any measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted that according to section 3(4) of the Labour Relations Regulations, children over 13 years of age may perform light work where such work is an integral part of a course of education or training and does not prejudice their education, health and safety. The Government stated that the Statutory Instrument 155 of 1999 giving the schedule of light work would be revised during the process of the labour law reform. The Committee requested the Government to provide information on any progress made in this regard.

The Committee notes the Government’s indication that the labour law reform is ongoing and once the amendments have been enacted, the process of revising the provisions of the Statutory Instrument 155 of 1999 on the types of light work activities, will be undertaken. The Committee therefore once again expresses the firm hope that the list of types of light work that may be performed by children from the age of 13 years will be revised and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 155 (occupational safety and health), 161 (occupational health services), 162 (asbestos), 170 (chemicals), 174 (prevention of major industrial accidents) and 176 (safety and health in mines).

The Committee takes note of the Government’s report and the supplementary information in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 16 September 2020. The Committee also notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 29 September 2020, as well as the Government’s reply in its supplementary report.

Draft Occupational Safety and Health Act. The Committee notes the information provided by the Government in its report indicating that the new Occupational Safety and Health (OSH) Act, with the objective of achieving greater compliance with the OSH Conventions ratified by Zimbabwe, has been submitted to the Cabinet Committee on Legislation for subsequent submission to Cabinet. The Committee also notes the statement of the ZCTU that it has been party to the development of the Act. In this context, the Committee requests the Government to take into account the comments that it is making on the application of Conventions Nos 155, 161, 162, 170, 174 and 176. The Committee requests the Government to provide information on the developments in this regard and to transmit a copy of any new legislation once it has been adopted.

Occupational Safety and Health Convention, 1981 (No. 155)

Application of the Convention in practice. The Committee notes that, according to the observations of the ITUC, in 2018, the National Social Security Authority (NSSA) registered a spike in fatal workplace accidents, with 5,965 injuries and 70 fatalities recorded compared to 5,007 injuries and 65 fatalities recorded in 2017, indicating a 19 per cent increase. Mining, agriculture and forestry, metal production, transport and storage and manufacturing are among the most accident-prone sectors. In particular, the working conditions of healthcare workers in Zimbabwe is dire and health facilities are understaffed and have low OSH standards. The situation has worsened with the COVID-19 pandemic breakout as hospitals are faced with unreliable access to water, which impedes their efforts to implement hygiene measures. The ITUC calls for the taking of preventive and protective measures to fight COVID-19 and for the provision of adequate personal protective gear to healthcare workers.

The Committee notes the Government’s statement that it has embarked on joint inspections so as to effectively carry out monitoring and inspections in workplaces on OSH matters even during the COVID-19 lockdown period. The Government indicates that 3,767 inspections have been undertaken for the period from 1 September 2019 to 30 September 2020, including 2,636 factory inspections and assessments conducted at various workplaces. The Committee also notes the information provided by the Government in its report on Convention No. 170 that it remains a challenge to transfer cases of violations detected to the court due to limited understanding of the judicial system on OSH issues and weak deterrent penalties. The Government indicates that, in this regard, awareness-raising activities and trainings are organized for the judicial system in order to facilitate prosecution. The Committee requests the Government to provide its comments with respect to the observations of the ITUC. It also requests the Government to provide information on any measures taken or envisaged to address the increasing number of occupational accidents, and to provide statistics such as on occupational accidents and diseases broken down by sector of occupation, age and gender and on the development of the number of the workforce. The Committee further requests the Government to take adequate preventive and protective measures to ensure a safe working environment for all workers in the context of the COVID-19 pandemic, particularly healthcare workers.

Article 13. Protection of workers removed from situations presenting imminent and serious danger. The Committee notes the Government’s indication, in reply to its previous comments, that paragraph 5(d) of the national OSH policy provides for workers’ right to refuse to undertake any work that has not been rendered safe. The Committee also notes the Government’s reference to the draft OSH Act, section 22(2) of which provides for workers’ right to refuse to do work which is likely to cause imminent danger to his or her safety or health. The Committee requests the Government to take measures to ensure that workers who have removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health shall be protected from undue consequences, and to provide information on any legislation adopted in this respect.

Article 16. Duties of the employer to ensure safety at the level of the undertaking. The Committee previously noted that the national legislation referenced by the Government did not appear to impose a general duty on employers to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk.

The Committee notes the Government’s information that the draft OSH Act explicitly outline the duties of employers to provide a safe working environment (section 21). The Committee requests the Government to take measures to ensure the draft OSH Act provides for a general duty on employers to, so far as is reasonably practicable, ensure safety at the level of the undertaking, as required by Article 16 of the Convention.

Asbestos Convention, 1986 (No. 162)

Legislation. The Committee previously noted the Government’s indication that it envisaged the adoption of legislation on OSH and of regulations on asbestos, which would give wider coverage to the control of occupational exposure to chrysotile (white asbestos). The Committee notes the observations of the ZCTU, according to which, the current regulations do not cover all forms of asbestos. The Committee also notes the Government’s indication in its report that the envisaged regulation on asbestos will cover all forms of asbestos as provided for by Article 2 of the Convention and give effect to all the provisions of the Convention. Noting that the Government has been referring to the asbestos regulations since 2014, the Committee requests the Government to ensure that, in the context of the current legislative reform, full effect is given to: Article 14 (labelling of asbestos and products containing asbestos); Article 15(4) (provision of adequate respiratory protective equipment by the employer); Article 17 (demolition of plants and structures containing asbestos); and Article 20(4) (workers’ and their representatives’ right to request to appeal to the competent authority concerning the results of the monitoring of the working environment). The Committee also requests the Government to continue providing information on any progress made regarding the adoption of the envisaged regulation on asbestos, and to provide a copy once adopted.

Article 6(2) and (3) of the Convention. Cooperation between employers and preparation of procedures for dealing with emergency situations. The Committee previously noted the promotional activities carried out by the National Social Security Authority (NSSA for the establishment of emergency preparedness programmes and industrial assessments on this subject in all major sectors of the economy.

The Committee notes the Government’s indication that the envisaged regulation on asbestos in this regard will provide for the establishment of a cooperation mechanism between employers operating at the same workplace, as well as the draft OSH Act. The Committee requests the Government to ensure that the envisaged regulation on asbestos and the new OSH Act give full effect to this Article. Pending their adoption, the Committee requests the Government to provide information on how employers undertaking activities simultaneously at one workplace cooperate in order to comply with health and safety measures in practice, as prescribed by Article 6(2) of the Convention.

Article 15(1) and (2). Exposure limits and periodic review. The Committee previously noted that the occupational exposure limit was fixed at 0.5f/ml, with a review planned aimed at lowering the limit to 0.1f/ml. In this respect the Committee notes the Government’s indication that the exposure limit for chrysotile asbestos has been reviewed and is set at 0.1f/ml. The Government also states that the exposure limit is provided for by the 2017 NSSA Guidelines for Occupational Exposure Limits for Chemical Contaminants and Dusts, and that the guidelines will further be upgraded to regulatory provisions under the envisaged hazardous substances regulation and asbestos regulation. The Committee requests the Government to continue to provide information on any progress made regarding the adoption of relevant regulatory provisions prescribing limits for the exposure of workers to asbestos or other exposure criteria and the periodic review in this regard, due consideration being given to technological progress and advances in technological and scientific knowledge.

Article 21. Medical examinations. Following its previous comments, the Committee notes the Government’s repeated reference to the Third Schedule of SI (Statutory Instrument) 68 of 1990 on Accident Prevention and Workers Compensation (sections 1(l) and 5(c)) and the Factories and Works (General) Regulations of 1976 (section 11), which provide for medical examinations for workers potentially exposed to harmful substances in all industries, including the chrysotile asbestos industry. Additionally, Part V of the Pneumoconiosis Act provides for medical examinations and, in particular, chest x-rays, for workers working in dusty occupations (defined in the Act to include work in or on a mining location or any other area where there is a dust-producing process). The Government also indicates that specific provisions on medical examinations will further be provided for by the envisaged regulation on asbestos. The Committee recalls that, pursuant to Article 21(1) of the Convention, workers must be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos, which may require examination after the termination of employment. The Committee requests the Government to ensure that specific provisions on medical examination for workers exposed to asbestos, including after their employment is terminated or ended, are included in the envisaged regulation on asbestos, in conformity with Article 21 of the Convention. Pending the adoption of such regulation, the Committee requests the Government to provide information on how medical examinations for workers exposed to asbestos are carried out in practice, under the current legislative provisions of a general nature.

Application of Convention No. 162 in practice. The Committee notes the Government’s indication that there have not been any contraventions reported to date. It also states that the OSH Inspectorate of the NSSA regularly carries out inspections in chrysotile asbestos manufacturing factories to ensure their compliance with the Factories and Works Act and other related legislative provisions. The Government further indicates that there are challenges of implementation due to limited resources with respect to the acquisition of equipment and accessories. The Committee requests the Government to strengthen its efforts to provide statistical information on the application of the Convention, including the relevant reports of the NSSA in this regard, specifically information on the number of workers covered by the legislation, the number of occupational diseases reported as being caused by asbestos and the number and nature of contraventions reported.

Chemicals Convention, 1990 (No. 170)

Article 6(1) of the Convention. Classification systems. Following its previous comments, the Committee notes the Government’s indication that SI 12 of 2007 on Hazardous Substances, Pesticides and other Toxic Substances Regulations is repealed by SI 268 of 2018 on Hazardous Substances General Regulations, which provides for labelling for different hazardous substances. The Committee observes that SI 268 of 2018 does not appear to contain specific criteria for the classification of all chemicals. The Government indicates that, considering the limitation in national legislation with regard to the requirements of Article 6(1) of the Convention, a specific regulation addressing hazardous chemical agents will be formulated together with the draft OSH Act, in order to provide specific guidance on the classification and labelling of chemicals in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals. The Committee therefore requests the Government to ensure the establishment of systems and specific criteria for the classification of all chemicals, as well as procedures for their labelling, including through the adoption of the envisaged regulation on hazardous chemical agents. Pending the adoption of such regulation, the Committee requests the Government to provide information on how chemicals are classified in practice as well as their labelling.

Application of Convention No. 170 in practice. The Committee previously noted that the NSSA and the Environmental Management Agency (EMA) monitor and enforce the legislative provisions relative to the registration and labelling of chemicals and impose penalties when violations are detected.

The Committee notes that, according to the observations of the ZCTU, due to the limits of the monitoring system, there are still cases in which employers expose workers to hazardous work environments where non-labelled chemicals are used. The Committee notes the Government’s indication that during 4,285 inspections in various sectors, 117 cases of chemical exposure were discovered, including 17 in agriculture, but that the statistics are not disaggregated by specific chemical stressor. The Government also states that improvement notices were issued in most cases of violations detected. The Committee requests the Government to continue providing information on the number of inspections conducted in this regard, the number and nature of contraventions reported, and the number and nature of penalties imposed.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Articles 4 and 17 of the Convention. Formulation, implementation and periodic review of a coherent national policy and establishment of a comprehensive siting policy. Following its previous comments, the Committee notes the observations of the ZCTU that the Government has not started the legislative review regarding the siting of major hazard installations.

The Committee also notes the Government’s indication in its report that a specific regulation on the prevention of major industrial accidents will be developed incorporating key provisions of the Convention. The Government states that this envisaged regulation will include provisions on the siting of major hazard installations. The Committee further notes the Government’s indication that the national OSH policy, as revised in 2019, indicates in paragraph 4.18 that major accident hazards shall be managed through an effective systems approach including proper siting of the major hazard installation following policies and procedures, as spelt out by the Government from time to time. With reference to the additional points raised in the corresponding direct request, the Committee urges the Government to strengthen its efforts to give full effect to the Convention. It requests the Government to continue providing information on any progress in this regard, including provisions on the siting of major hazard installations, and to provide a copy of the text of the above regulation once adopted. The Committee also requests the Government to continue providing information on the implementation and periodic review of the national OSH policy regarding the aspects specific to major hazard installations, in consultation with the most representative organizations of employers and workers and with other interested parties who may be affected.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 16(2) of the Convention. Inspection services and application of the Convention in practice. The Committee notes the reference of the ITUC in its observations to several fatal accidents in the mining industry registered in 2018–19, including two major accidents which killed 37 persons. The ITUC also refers to the 2018 report of the Zimbabwe Chamber of Mines, according to which 81 fatal accidents were recorded in 2018, in comparison with 32 in 2017, representing an increase of 153 per cent. Falls of ground (48 per cent), gas accidents (14.8 per cent) and shaft accidents (7.4 per cent) were the major causes of fatal accidents. The ITUC indicates that the high rate of fatal accidents results from poor design of mining sites and a lack of supervision of mining operations. It alleges that there is non-compliance with safety and hygiene rules in the mining sector aimed at protecting workers from COVID-19. The Committee further notes the observations of the ZCTU referring to the limited resources available that hamper the implementation of monitoring activities.

The Committee notes the Government’s indication that limited resources are available for monitoring, and that this results from an unfavourable economic situation. The Government also states that strategies will be put in place to ensure that the few available resources are used for effective inspection activities. The Committee notes with concern the significant increase in fatal accidents in the mining sector, and urges the Government to take the necessary measures to ensure the availability of the necessary resources for appropriate inspection services in this regard. It requests the Government to provide information on the number of inspections undertaken in mines, the number of cases of non-compliance detected and the issues to which they relate, as well as the remedial measures ordered and penalties imposed. It further requests the Government to provide detailed information on the number of occupational accidents in the mining sector, including fatal occupational accidents, disaggregated by cause and by age.

The Committee is raising other matters in a request addressed directly to the Government.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the following Conventions together: Conventions Nos 155 (occupational safety and health), 161 (occupational health services), 162 (asbestos), 174 (prevention of major industrial accidents) and 176 (safety and health in mines).

The Committee takes note of the Government’s report and the supplementary information in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 16 September 2020. It also notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 29 September 2020, as well as the Government’s reply in its supplementary report.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 4 of the Convention. National policy on occupational safety and health. Following to its previous comments, the Committee notes that the Government’s indication in its report and in its supplementary information that the national OSH policy adopted in 2014 was reviewed in September 2019 and is scheduled to be published by the end of 2020. The Committee also takes due note that, according to paragraph 4.19 of the 2019 draft OSH policy, the policy will be reviewed every five years in consultation with social partners. Welcoming these measures, the Committee requests the Government to continue to provide further information on the adoption of the revised OSH policy, as well as on its implementation. The Committee also requests the Government to provide a copy of the OSH policy, once published, and any documents subsequently published related to its periodic reviews.

Article 9(2). Adequate penalties for violations. The Committee notes the observations of the ZCTU, according to which, the penalties provided for by current national legislation remain low and are not deterrent enough. The Committee notes the additional information provided by the Government in response to the ZCTU that the draft OSH Act will increase the penalties in this regard. Its section 48 provides for fines increased from level 6 to level 10 and/or an imprisonment of not more than two years. Moreover, any person who causes an occupational death of another person at the workplace shall be guilty of an offence of homicide, to which the Criminal Law applies. The Committee requests the Government to pursue its efforts to ensure the provision of adequate penalties for OSH violations, including through the adoption of the OSH Act in the near future, as well as any further measures taken to ensure their effective application. It also requests the Government to provide information on the application of the relevant provisions in practice, including the violations detected and the penalties imposed.

Article 11(a), (c) and (e). Progressive carrying out of functions to give effect to the national policy. The Committee previously noted that the Government’s indication that the National Social Security Authority (NSSA) is responsible for the carrying out of the functions enumerated in this Article of the Convention. It noted that the referenced legislation only gives partial effect to this Article and it requested information on the effect given to Article 11(a), (c) and (e).

The Committee notes the Government’s indication, with respect to Article 11(a), that there is a team of OSH inspectors and promotion officers in all provinces, who carry out hazard identification and risk assessment in all industrial sectors. With respect to Article 11(c), the Government also indicates that the procedures for notification are laid out in section 48 of Statutory Instrument (SI) 68 of 1990 (National Social Security Authority (Accident Prevention and Compensation Schedule) (Prescribed Matters) Notice) and that penalties will be imposed on employers who fail or delay reporting of occupational injuries and diseases. With respect to Article 11(e), the Committee also notes that the NSSA produces annual statistical reports on occupational injuries, diseases and fatalities reported under the Workers’ Compensation Scheme. The Government further states that the draft OSH Act, once adopted, will give effect to Article 11 of the Convention. Pending the adoption of the OSH Act, the Committee requests the Government to continue provide information on how effect is given to this Article, particularly clauses (a), (c) and (e), in law and in practice.

Article 15. Measures to ensure coordination between various authorities. The Committee notes the Government’s indication, in response to its previous comments, that the Zimbabwe Occupational Safety and Health Council (ZOSHC) provides advices to the Minister of Public Services, Labour and Social Welfare (MPSLS) on OSH policy issues. It also holds quarterly meetings chaired by the Permanent Secretary of MPSLS and NSSA. The ZOSHC also supervises the OSH activities of NSSA on behalf of the Minister. In particular, it coordinates OSH-related bodies as well as other authorities responsible for environment, radiation protection and energy regulation where there is a need for their participation and inputs. The Government also indicates that the MPSLS and the NSSA carry out joint activities, including joint inspections between officials from the MPSLS and OSH inspectors. The Committee takes note of this information.

Article 17. Cooperation between two or more undertakings engaged in activities simultaneously at one workplace. The Committee previously noted the absence of legislative provisions on this issue.

The Committee notes the Government’s indication that section 12 of SI 68 of 1990 provides for the overall responsibility on the principal contractor to oversee the work carried out by other contractors. The Government also states that the draft OSH Act will address this issue. The Committee urges the Government to ensure that full effect will be given to Article 17 by the new OSH Act with a view to ensuring that whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the OSH requirements. Pending its adoption, the Committee requests the Government to provide information on how the cooperation between two or more undertakings engaged in activities simultaneously at one workplace is ensured in practice.

Article 18. Measures to deal with emergencies and accidents, including first-aid arrangements. The Committee notes that, in response to its previous comment, the Government refers to Part VII of SI 68 of 1990, which provides for the employers’ responsibility to render first aid in case of any accident and to transport the worker to hospital. The Committee also notes that the paragraph 4.10 of the national OSH policy provides that every workplace shall have an emergency preparedness and response plan and procedure. The Government further indicates that the draft OSH Act further provides for the obligations of employers in this regard, including the provision of first aid and other proper treatments (section 21(2)(v)). The Committee requests the Government to continue to provide information on the measures taken to give effect to Article 18 of the Convention.

Article 19(c)–(e). Measures to ensure workers’ participation. The Committee notes the Government’s information that the draft OSH Act requires the employer with five or more workers to elect a safety and health representative and to establish safety and health committees where two or more safety and health representatives are appointed or elected. In practice, NSSA promotion officers assist companies to establish safety and health committees in order to ensure social dialogue in OSH management. Pending the adoption of the OSH Act, the Committee requests the Government to provide information on any measures undertaken or envisaged, in practice, to ensure workers’ participation as provided for by Article 19 (c)–(e) of the Convention.

Occupational Health Services Convention, 1985 (No. 161)

Article 2 of the Convention. National policy on occupational health services. The Committee notes the Government’s reference in its report to the national OSH policy, as revised in 2019. Its paragraph 7.2(b) provides that every employer shall have occupational health services which will assure insofar as practicable that no worker shall suffer diminished health, functional capacity, or life expectancy as a result of his work activities and that in the event that an occupational disease is contracted, the worker is suitably treated, rehabilitated and compensated. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the effective implementation of the national OSH policy, with regard to the occupational health services.

Articles 3 and 7. Establishment and organization of occupational health services. In its previous comments, the Committee noted the establishment of occupational health services in certain occupations. The Government stated that the new OSH Act would extend the requirement for occupational health services to all workplaces.

The Committee notes the observations of the ZCTU that effective occupational health services are not provided in all companies. The Committee notes the Government’s reference to the draft OSH Act, section 28 of which provides for the establishment of occupational health services at both the national and enterprise levels. The Government also states that the NSSA promotes the establishment of occupational health services in practice, and that most large companies have established such services. Moreover, the NSSA provides occupational health services in complement to those at undertaking level through its mobile clinic facility, which covers various sectors as well as remote areas. The Committee requests the Government to continue providing information on the measures taken and envisaged, to progressively develop occupational health services, including the implementation of the OSH Act provisions in this respect, once adopted.

Article 5. Functions of occupational health services. The Committee notes the Government’s reference to the draft OSH Act, section 28 of which provides for the functions of occupational health services. The Committee also notes the Government’s indication that, in practice, the NSSA carries out promotional activities by informing employers on their responsibilities in this regard, including hazard identification and risk assessment, surveillance of workers’ health and insurance of occupational hygiene and ergonomics. It also carries out assessments and surveys to monitor the practice in industries. Moreover, the NSSA provides guidance to industries on the type of surveillance on OSH issues appropriate to different workplaces, with reference to international good practices. The Committee requests the Government to ensure that the new OSH Act gives full effect to Article 5 of the Convention. Pending its adoption, the Committee requests the Government to continue providing information on the measures taken or envisaged in practice to ensure that the functions of occupational health services are effectively carried out as are appropriate to the occupational risks of the undertaking.

Article 8. Cooperation between the employer and the workers. The Committee previously noted the Government’s reference to section 1(q) of SI 68, which provides for the employers’ obligation on the establishment of safety and health committees comprised of workers and management representatives.

The Committee notes the observations of the ZCTU that some companies fail to ensure the bipartite social dialogue between the employer and the health and safety representative in this regard. The Committee notes the Government’s response in its supplementary information that it agrees with the ZCTU observations that the enforcement of relevant provisions regarding OSH committee and representatives need to be reinforced in order to strengthen social dialogue on OSH issues at the undertaking level. The Committee requests the Government to provide further information on any measures taken or envisaged to ensure that the employer, the workers and their representatives cooperate and participate in the implementation of the organizational and other measures relating to occupational health services on an equitable basis, including in the context of the implementation of the new OSH Act, once adopted.

Article 9. Operation of occupational health services. The Committee previously noted that the Government listed the different types of professions relevant to occupational health services and that these professionals collaborate to provide such services when the workplace setting requires it.

The Committee notes that section 28(5) of the draft OSH Act provides that the occupational health services may liaise with the worker’s personal doctor in order to determine if there is any relation between the reasons for ill health or absence and any hazards which may be present at the workplace. However, the Committee notes that the draft OSH Act does not seem to contain any provisions providing for the composition of personnel or the cooperation with other services in the undertaking. The Committee requests the Government to provide further information on the measures taken, in law or practice, to give full effect to Article 9 of the Convention, including through the adoption of the OSH Act.

Article 10. Full professional independence of occupational health services. The Committee notes the Government’s indication, in response to the Committee’s previous request for information on the implementation of Article 10, that the registration and regulation of occupational health practitioners is provided for by the draft OSH Act and its implementing regulations. The Committee observes that, however, the draft OSH Act does not seem to contain any provisions concerning the professional independence of occupational health services. The Committee requests the Government to provide information on how the professional independence of occupational health services is ensured, in particular in the context of the development of the new OSH Act and its implementing regulations.

Article 11. Qualifications of personnel providing occupational health services. The Committee previously noted the Government’s statement that the personnel providing occupational health services are required to have a minimum certificate level of qualification, over and above their basic qualification.

The Committee notes the Government’s indication, in response to the Committee’s request on how effect is given to Article 11, that the new OSH Act will address this issue. The Committee notes that, according to section 3 of the draft OSH Act, the term “occupational medical practitioner” refers to a person who is registered as such under any law relating to the registration of medical practitioners and is qualified in occupational health or occupational medicine; and “occupational medicine practitioner” refers to a medical doctor with postgraduate training in occupational medicine or occupational health. The Committee observes that the draft OSH Act does not seem to contain specific provisions regarding the qualifications of other personnel providing occupational health services. The Committee requests the Government to continue to provide information on the measures taken to ensure the determination of the qualifications required for personnel providing occupational health services.

Article 15. Information of occurrences of ill health among workers and absence from work for health reasons. Following its previous comments, the Committee notes that, according to section 28(4) and (5) of the draft OSH Act, the employer shall inform the enterprise Occupational Health Services of occurrences of ill health amongst workers and absences from work for health reasons, in order for the Occupational Health Services to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace. The Committee requests the Government to provide further information on the measures taken, in law or practice, to give full effect to Article 15 of the Convention, including through the adoption of the OSH Act.

B. Protection from specific risks

Asbestos Convention, 1986 (No. 162)

Article 19 of the Convention. Employers’ responsibility for disposal of waste containing asbestos. Following its previous comments, the Committee notes that section 70 of the Environmental Management Act prohibits the discharge of disposal of any wastes in such a manner as to cause pollution to the environment or ill health to any persons. It also provides that hazardous waste shall be transported by persons with a valid licence, to a waste disposal site established in accordance with a licence issued by the Environmental Management Board. Moreover, those whose activities generate waste shall employ measures essential to minimise wastes through treatment, reclamation and recycling. The Committee also notes that SI 10 of 2007 on Hazardous Waste Management Regulations classifies waste asbestos as hazardous waste (4th Schedule, A2050). The Committee takes note of this information.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 2 of the Convention. Plans to address special problems of a substantial nature. The Committee notes the Government’s indication, in response to its previous request that, considering the limitations in the current legislation, the envisaged regulation on the prevention of major industrial accidents will ensure the implementation of the Convention. The Committee requests the Government to indicate if there are special problems of a substantial nature making it not immediately possible to implement all the preventive and protective measures provided for in the Convention. If so, the Committee requests the Government to draw up plans, in consultation with the most representative organizations of employers and workers and with other interested parties who may be affected, for the progressive implementation of the said measures within a fixed time frame.

Article 5. Development of a system for the identification of major hazard installations. The Committee previously noted that the identification of major hazard installations was conducted through the general inspection system by the NSSA.

The Committee notes the observations of the ZCTU that workers are not consulted regarding the development of the identification system of major hazard installations. The Committee also notes the Government’s indication that specific provisions for a system of the identification of major hazard installations will be clearly elaborated in the envisaged regulation on the prevention of major industrial accidents. The Government also stated that, once the new OSH Act is adopted, the related ancillary statutory instruments will be put in place, including a statutory instrument on the identification of major hazard installations. The Committee requests the Government to take the necessary measures to ensure that the establishment of a system for the identification of major hazard installations is institutionalized by the envisaged regulation on the prevention of major industrial accidents. Pending the adoption of such regulatory instruments, the Committee requests the Government to continue to provide information on the identification of major hazard installations through the general inspection system in practice.

Article 8. Notification of the existence and closure of any major hazard installation. Following its previous requests, the Committee notes the Government’s reference to section 10 of the Factories and Works Act and section 3 of the Factories and Works (Registration and Control of Factories) Regulations, stating that all major hazard installations are currently covered by the above legislation. The Committee observes that the above legislative provisions only provide for the registration of factories of a general nature, without specifying requirements for the notification of the existence and closure of major hazard installations. The Government also indicates that the envisaged regulation in this regard will address the requirements of this Article. The Committee requests the Government to ensure that the envisaged regulation on the prevention of major industrial accidents gives full effect to Article 8 of the Convention, and to provide information on any progress made in this regard.

Article 9(a)–(c) and (g). Documented system of major hazard prevention. Following its previous comments, the Committee notes the Government’s reference to a series of legislation regarding employers’ general duties in hazard control and reporting. The Government also states that, considering the limitation of the current legislation, provisions of Article 9(a)–(c) and (g) will be incorporated into the envisaged regulation on the prevention of major industrial accidents. The Committee requests the Government to ensure that the envisaged regulation will give full effect to Article 9 of the Convention and that it is adopted in the near future.

Articles 10–12. Requirements for employers to prepare, review, update and amend safety reports and to transmit them to the competent authorities. The Committee previously noted the Government’s reference to the envisaged OSH Act and SI 68 of 1990, regarding employers’ obligation of accident registration reports to the competent authority.

The Committee notes the Government’s indication that the envisaged regulation on the prevention of major industrial accidents will address the safety reports in compliance with Articles 10–12 of the Convention. The Committee also notes that, according to section 3 of the draft OSH Act, safety record is defined as a written presentation of the technical management and operational information covering the hazards and risks of a major hazard installation and their control and providing justification for the measures taken for the safety of the installation. However, the draft OSH Act does not seem to contain specific provision on the preparation, review, update and amendment of safety reports, and their transmission to the competent authority. The Committee requests the Government to take measures to ensure that the full effect is given to the requirements of Articles 10–12 of the Convention within the framework of the current legislative reform.

Article 15. Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations. Following its previous comments on progress made to implement Article 15 of the Convention, the Committee notes the Government’s indication that consultations will be held with the social partners in this regard, once the regulation on prevention on major industrial accidents is drafted. The Committee requests the Government to provide information on the measures taken or envisaged, in order to ensure that emergency plans and procedures containing provisions for the protection of the public and the environment outside the site of each major hazard installation are established, updated at appropriate intervals and coordinated with the relevant authorities and bodies. It also requests the Government to continue providing information on any legislative developments in this regard.

Article 16. Duties of the competent authority prior to, and in the context of, a major accident. The Committee notes that, according to the Government, during the consultation with stakeholders on the envisaged regulation, information will be disseminated on hazards and risks associated with major hazard installations, as well as on safety measures and behavioural conduct required in case of an emergency. While taking note of the measures planned by the Government, the Committee recalls that, by virtue of Article 16 of the Convention, such information shall be disseminated by the competent authority to members of the public liable to be affected by a major accident without their having to request it and that such information is updated and redisseminated at appropriate intervals. The competent authority must also ensure that warning shall also be given as soon as possible in the case of a major accident. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that the competent authority undertakes its duties prior to, and in the context of, a major accident, as required by Article 16 of the Convention, without being limited to the process of consultation on the envisaged regulation.

Article 20. Rights of workers and their representatives. Following its previous comments, the Committee notes the Government’s indication that sections 1–5 of 3rd Schedule of SI 68 on the general rights and duties of employers and workers also apply to major hazard installation. The Committee also notes the Government’s indication that the envisaged regulation will incorporate the provisions of Article 20 of the Convention. The Committee requests the Government to take the necessary measures to ensure that envisaged regulation gives full effect of Article 20 of the Convention. Pending adoption of such regulation, the Committee requests the Government to provide information on the consultative process with the workers and their representatives at a major hazard installation and the measures taken in order to ensure that their rights are protected and there is a safe system of work in practice.

Article 22. Requirement for an exporting State to make certain information available to an importing State. The Committee notes the Government’s statement that the envisaged regulation will include such provisions. Pending the adoption of such regulation, the Committee requests the Government to provide further information on the measures taken or envisaged, in practice, to give effect to this Article of the Convention.

Application of Convention No. 174 in practice. Noting an absence of information in this respect, the Committee once again requests the Government to provide information on the number of major hazard installations identified, and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported.

C. Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Article 5(2)(d) of the Convention. Compilation and publication of statistics. The Committee notes the ZCTU’s reference in its observations to an increase in the number of occupational diseases among artisanal mine workers, as well as in the number of accidents and injuries recorded.

The Committee notes that, according to the information in the Government’s report, partial statistics on occupational diseases are included in the annual statistical report of the NSSA. Acknowledging the limitations and the underreporting of occupational diseases, the Government indicates that the reporting and compilation occupational diseases will be improved through further capacity-building of occupational health personnel and the extended coverage of occupational health services provided for by the new draft OSH Act. The Committee requests the Government to take the necessary measures to ensure the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, including through the capacity-building of relevant personnel and within the context of current legislative reform. It also requests the Government to provide information on any progress made in this regard.

Article 5(5). Plans of workings. Following its previous comments, the Committee notes that, according to section 234 of the Mines and Minerals Act, certain works may only be erected or constructed upon the approval of the plan by the mining commissioner, including machinery or plant used for the treatment of ores, concentrates, tailings, slimes or other residues; dumps; dams for the storages of waste water or slimes; compounds for the employees; buildings of a permanent natures; sewage disposal works; recreation grounds and roads. Section 239 of the Act also provides that certain works may be constructed without the plan being approved, including dumps other than tailings; residences for not more than 32 persons and roads not exceeding 4 metres in width without artificial surface. The Committee also notes the Government’s indication that the Mining Inspectorate monitors plans of working for mines. The Committee takes notes of this information.

Article 13(1)–(4). Rights of workers and their representatives. The Committee previously noted the Government’s reference to paragraph 5(d) of the national policy on OSH on worker’s right to refuse to undertake unsafe work and section 4(1) of the Labour Act (No. 16/1985) on workers committees.

The Committee notes the Government’s indication that the draft OSH Act provides for specific rights of workers and their representatives with respect to OSH issues in all workplaces, particularly section 22 on workers’ rights and section 38 on OSH representatives and committees. The Committee urges the Government to pursue its efforts to give full effect to Article 13 of the Convention to ensure the rights of workers and their representatives, including through the adoption of the OSH Act in the near future.

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).

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2019 and 29 September 2020, respectively.

Article 4(3) of the Convention. Periodic examination of the list of hazardous work. The Committee previously noted the Government’s indication that following the adoption of the Labour Amendment Act of 2015, focus would be given to the revision of its supporting regulations, including the list of the types of hazardous work.

The Committee notes the Government’s information in its report that the amendments to the Labour Act are still ongoing and that once the draft Bill is adopted, the Ministry of Public Service, Labour and Social Welfare will proceed to revise the list of types of hazardous work. Observing that the Government has been referring to the revision of the list of types of hazardous work since 2003, the Committee once again urges the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is revised, adopted and enforced, in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information that it had been implementing the Basic Education Assistance Module (BEAM) as well as the School Feeding Programme in order to ensure that vulnerable children are able to go to school and to ensure their attendance and retention in schools. The Committee noted, however, from the UNESCO Education For All National Review 2015, Zimbabwe, that while school enrolments remained relatively high, about 30 per cent of the approximately 3 million children enrolled in primary school did not complete the seven-year primary cycle. This report also indicated that the Government efforts were far from meeting the needs of about 1 million children who belonged to poor and disadvantaged families. The Committee urged the Government to strengthen its efforts to ensure access to free basic education to all children, particularly children from poor and disadvantaged families.

The Committee notes the Government’s information that it continues to strengthen the School Feeding Programme (SFP) which is currently being implemented in more than 70 per cent of the total number of registered schools in the country. The Government also indicates that the SFP has been linked with the Food Deficit Mitigation Programme as a sustainable support measure towards food provision to children in primary schools. It further notes the Government’s information that in 2019, the Government allocated 63 million dollars for the implementation of the BEAM. According to the Government’s report, the BEAM programme targets in particular, school-going children from poor households, child-headed households, orphans and children neglected by parents, children who have never been to school, and children who have dropped out of school or have failed to pay fees and levies due to poverty. The Committee, however, notes the Government’s statement that although numerous efforts are being made towards ensuring children’s access to education and enhancing the completion of basic education, financial resources remain a gap due to the economic challenges facing the Zimbabwean State as a whole.

The Committee notes that according to the findings of the UNICEF 2019 Multiple Indicator Cluster Survey of Zimbabwe, the percentage of children of school-going age who enter the first grade of primary education is 67.6 per cent and their net attendance ratio is 90.5 per cent. The percentage of children of primary school age, lower secondary school age and upper secondary school age not attending any school is 4.7 per cent, 23.6 per cent and 70.3 per cent respectively. The Committee also notes that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 10 March 2020 expressed its concern at the high school-dropout rates among girls (CEDAW/C/ZWE/CO/6, paragraph 35). While noting the measures taken by the Government, the Committee must express its concern at the high number of children who are not attending any school. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee once again urges the Government to strengthen its efforts to ensure access to free basic education to all children, particularly girls and children from poor and disadvantaged families, including through the BEAM project, the School Feeding Programme or otherwise. It also requests the Government to provide information on the concrete measures taken in this regard, particularly with respect to addressing the financial barriers to education, with a view to increasing school attendance rates and reducing drop-out rates.

Clauses (a) and (b). Preventing children from engaging in and removing them from the worst forms of child labour, and ensuring their rehabilitation and social integration. 1. Children engaged in hazardous work in tobacco farms. The Committee notes the observations of the ZCTU that children working in tobacco farms are involved in hazardous work and exposed to hazardous conditions which affects their health and disrupts their education. The Committee also notes a report provided by the ZCTU on a tripartite study conducted in June 2020 on child labour in the tobacco industry by the Ministry of Labour with the participation of the General Agriculture and Plantation Workers Union of Zimbabwe (GAPWUZ), ZCTU and the Employers Confederation. According to the findings of this study, children working in tobacco farms work for long hours, carry heavy weights and are exposed to extreme weather conditions and harmful chemicals such as nicotine and pesticides. The Committee also notes the Government’s information in its supplementary report that the report on the survey on Child Labour in Tobacco Sector conducted in March 2019 is being validated by the stakeholders which will be followed by dissemination and post survey interventions in the four provinces where the survey was conducted. The Government further indicates that this report is also intended to educate the general public of the dangers associated with child labour in these areas as well as to provide targeted interventions and strategies in the eradication of child labour in this sector. The Committee urges the Government to take the necessary measures to ensure that children under 18 years of age are not engaged in hazardous work in tobacco farms and to take effective and time-bound measures to remove them from such work and to provide for their rehabilitation and reintegration. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved. It further requests the Government to supply a copy of the findings of the survey on child labour in the tobacco sector, once available.

2. Children engaged in hazardous work in the mining sector. In its previous comments, the Committee noted the ZCTU’s statement that one of the worst forms of child labour most common in Zimbabwe was work in the mining sector, where children scavenge for minerals to survive. It also noted that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day. The Government indicated that the Ministry of Mines and Mining Development was working together with the law enforcement bodies to remove children from illegal mining activities.

The Committee notes the Government’s statement that the statistics of children removed from illegal mining are currently not available and that they shall be provided once they are obtained. In this regard, the Committee notes the observations made by the ZCTU that hazardous child labour is still high in the mining sector. The Committee therefore urges the Government to take effective and time bound measures to prevent the engagement of children in hazardous work in the mining sector, and to provide for their removal and subsequent rehabilitation and social integration. It also requests the Government to provide information on the number of children removed from illegal mining activities by the Ministry of Mines and Mining Development and provided assistance for rehabilitation and reintegration.

Clause (d). Identify and reach out to children at special risk. Orphans of HIV/AIDS and other vulnerable children (OVC). In its previous comments the Committee noted the Government’s statement that it was committed to implementing the National Action Plan for Orphans and other Vulnerable Children (NAP for OVC) and was actively funding its programmes targeting all vulnerable children. It also noted the impact of the Harmonized Social Cash Transfers schemes (HSCT) and the BEAM project, which contained components aimed at protecting and supporting orphans and vulnerable children as well as the National Case Management System Project which addresses the needs of OVC. The Committee noted, however, that according to the 2015 UNAIDS estimates, an average of 790,000 children aged 0 to 17 years were orphans due to HIV/AIDS. The Committee therefore urged the Government to strengthen its efforts in order to prevent the engagement of these children in the worst forms of child labour.

The Committee notes the Government’s information that the coordinated efforts between the BEAM Community Selection Committee and the National Case Management System for the Care and Protection of Children which is responsible for the identification and referral of eligible children has remarkably increased the Government’s reach to vulnerable children. In addition, initiatives to harmonize the social protection programmes have been taken so that children benefitting from BEAM can also benefit from other programmes such as the HSCT programme.

The Committee further notes the Government’s information that the NAP for OVC which has embarked on its phase III from 2016 to 2020, has a multi-sectoral approach to comprehensively assist and support children and families in the country and there are defined coordination mechanisms and referral pathways for efficiency and programme effectiveness. The Government also indicates that within the framework of this action plan, a total of 91,391 children (42,315 males and 49,076 females), including 508 children involved in child labour and its worst forms, were assisted during the year 2018. The Committee further notes that according to the 2019 UNAIDS estimates, the average number of children aged 0 to 17 that are orphaned due to HIV/AIDS is 500,000, indicating a reduction from the 2015 estimates. While noting the measures taken by the Government, the Committee urges it to continue its efforts to prevent the engagement of orphans and OVCs in the worst forms of child labour, including through the NAP for OVC, the HSCT, the BEAM project and the National Case Management System. It requests the Government to provide information on the measures taken and the results achieved in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Zimbabwe (ratification: 2000)

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 3 and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that according to section 3(2)(3) of the Trafficking in Persons Act, 2014, the offence of trafficking of children under the age of 18 years falls under aggravating circumstances which is punishable with imprisonment for life or for any definite period of not less than ten years. The Committee requested the Government to provide information on the application in practice of this provision.

The Committee notes the Government’s information in its report that it has stepped up its efforts to combat trafficking in persons, including securing convictions and penalties for the perpetrators of this offence. However, the Government indicates that there are delays in the finalization of cases related to trafficking in persons due to the unavailability of witnesses or their unwillingness to testify before the courts. The Committee also notes the Government’s information that in 2017 the Anti-Trafficking Inter-Ministerial Committee (ATIMC) which coordinates actions to combat trafficking in persons, established five Provincial Anti-Trafficking Task Force Teams. The Government further indicates that training on dealing with cases related to trafficking in persons was provided to ten magistrates and 19 prosecutors across the country. In addition, data collection workshops for frontline responders to trafficking in persons, such as labour inspectors, social workers and members from civil society organisations were conducted. The Committee requests the Government to provide information on the activities carried out by the Provincial Anti-Trafficking Task Force Teams in identifying and preventing trafficking of children. It also requests the Government to take the necessary steps to ensure the effective application of section 3(2)(3) of the Trafficking in Persons Act, 2014, and to provide information on the number of offences detected related to the trafficking of children under the age of 18 years and the prosecutions, convictions and penalties applied.

Articles 6 and 7(2)(b). Programmes of action and direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Trafficking of children. The Committee notes the Government’s information in its supplementary report that a five-day capacity building Training of Trainers workshop on victim protection and coordination for Government officials and civil society to enhance their efforts to coordinate anti-trafficking responses was conducted in August 2019 in Darwendale and, Mashonland West Province. Moreover, exhibitions to raise awareness on anti-trafficking were carried out at the Zimbabwe International Trade Fair and Harare Agricultural show and materials with anti-trafficking messages were distributed to the public. The Committee also notes the Government’s information that in the two cases reported by Zimbabwe related to trafficking of children to Zambia in 2019, the child victims were placed in safety homes and provided with psycho-social support and basic social services.

The Committee further notes the Government’s information that the ATIMC developed an updated Trafficking in Persons National Plan of Action (NAPLAC) 2019-2021. It notes from the NAPLAC document that this second NAPLAC which is anchored on the four pillars of prevention, prosecution, protection and partnership is framed in line with the international best practices in the response to trafficking of persons. The Committee also notes from this document that one of the guiding principles of the NAPLAC relates to affording special protection and assistance to child victims of trafficking. The Committee requests the Government to provide information on the concrete measures taken to combat the sale and trafficking of children under the age of 18 years within the framework of the 2019-2021 NAPLAP. It also requests the Government to provide information on its implementation as well as on the results achieved in terms of the number of children removed from trafficking and provided assistance.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Street children. In its previous comments, the Committee noted the various initiatives carried out to protect street children, including the Street Children Fund (SCF), the National Case Management System, and the Family Clubs which oversaw the welfare of children, helped in preventing them from being involved in exploitative activities on the streets as well as supported the reintegration of street children. The Committee requested the Government to provide information on the number of children assisted through these initiatives.

The Committee notes the Government’s information that from 2018 to date, a total number of 1035 street children were assisted through the SCF. The Government also indicates that in 2019, an amount of $50,000 (US$138.160) was allocated to the SCF. The Committee further notes the Government’s information that the Family clubs was revived and expanded countrywide with the aim of promoting good parenting skills to families including those headed by grandparents and child-headed households in order to keep children within the family environment. For children without any family, foster care, adoption and institutionalisation are considered so that children do not end up being exposed to the worst forms of child labour. Furthermore, assistance and rehabilitation procedures for street children are coordinated by the National Inter-Ministerial Taskforce and Multi-Sectoral Taskforces at the provincial and district levels. The Committee encourages the Government to pursue its efforts to protect street children under 18 years of age from the worst forms of child labour. It requests the Government to continue to provide information on the number of children assisted through the SCF as well as the impact of the National Case Management System and Family clubs in protecting street children.

Application of the Convention in practice. The Committee notes the Government’s reference to the findings of the UNICEF 2019 Multiple Indicator Cluster Survey according to which 27.9 per cent of children aged 5-17 years are involved in child labour. This findings show that one in three boys and one in five girls are involved in child labour with high prevalence in Masvingo, Midlands, Matabeleland South and Matabeleland North. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by measures giving effect to the Convention, the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by age and gender.

Articles 2–6 of the Convention. Granting paid educational leave. The Committee notes the Government’s indication that the draft Labour Bill provides for paid educational leave as one of the areas to be included in the scope of collective bargaining. The Government indicates that consultations on the formulation of a national policy for the promotion of paid educational leave will be initiated upon the conclusion of the labour law reform process. The Committee requests the Government to provide a copy of the new law once it has been adopted. It further requests the Government to include detailed information on the tripartite consultations held in relation to the development and coordination of the national policy and the outcome of such consultation.

Article 7. Financial arrangements. In response to the Committee’s previous comments, the Government indicates that, at the moment, it does not have the capacity to administer a national fund for paid educational leave. It is nevertheless envisaged that, following the promulgation of the new Labour Bill, the respective bargaining councils (National Employment Councils) will establish sector-specific funding mechanisms for paid educational leave. The Committee recalls that employers, collectively or individually, public authorities and educational or training institutions or bodies, and employers’ and workers’ organizations, may be expected to contribute to the financing of arrangements for paid educational leave according to their respective responsibilities (Paid Educational Leave Recommendation, 1974 (No. 148), Paragraph 12). The Committee therefore requests the Government to provide information in its next report on the progress achieved in relation to measures taken under the national policy to finance arrangements for paid educational leave.

Article 8. Discrimination. The Government indicates that, following the labour law reform, the respective National Employment Councils will be tasked with developing measures in their collective bargaining agreements to guarantee equal access to paid educational leave regardless of gender. The Committee requests the Government to provide information on the measures adopted within the national policy and within the context of the labour law reform to ensure that all workers, without discrimination, have equal access to paid educational leave.

Comments adopted by the CEACR: Zimbabwe

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Adopted by the CEACR in 2021

C026 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

Adopted by the CEACR in 2020

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Labour law reform and harmonization

Application of the Convention in practice

C099 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C129 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour Inspection: Conventions Nos 81 and 129

Issues specifically concerning labour inspection in agriculture

Labour Administration: Convention No. 150

C129 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C161 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Occupational Safety and Health Convention, 1981 (No. 155)

Asbestos Convention, 1986 (No. 162)

Chemicals Convention, 1990 (No. 170)

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Safety and Health in Mines Convention, 1995 (No. 176)

C176 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Occupational Health Services Convention, 1985 (No. 161)

B. Protection from specific risks

Asbestos Convention, 1986 (No. 162)

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

C. Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C140 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)