Definitive Report - Report No 262, March 1989

Case No 1406 (Zambia) - Complaint date: 15-MAY-87 - Closed

1. 24. The Committee on Freedom of Association examined this case at its meeting in February 1988. (See 254th Report of the Committee on Freedom of Association, paras. 450 to 473, approved by the Governing Body at its 239th Session (Geneva, February-March 1988).) Since then the Government has provided further information as set out in communications dated 28 April and 18 October 1988.
2. 25. Zambia has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); it has ratified the Workers' Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 26. This case originally involved four sets of allegations concerning the free exercise of trade union rights. The only matter which remained outstanding after the Committee's previous examination of the case related to the confiscation by the authorities of the passports of the Chairman (Mr. Chiluba) and Secretary-General (Mr. Zimba) of the ZCTU, thereby making it impossible for them to participate in a number of international and ILO meetings. At paragraph 473 a) of its 254th Report, the Committee pointed out that it regards participation in such meetings as a fundamental trade union right and requested the Government to keep it informed of developments in this matter.

B. The Government's observations

1. 27. In a communication dated 28 April 1988 the Government stated that all passports are the property of the Government and that they may be withdrawn by the State at any time depending upon the circumstances. It further states that the confiscation of the passports of Messrs. Chiluba and Zimba was for reasons connected with the security of the State, and was quite unconnected with their trade union activities. In the opinion of the Government, such matters clearly fall outside the purview of the Governing Body or any of its committees.
2. 28. In a further communication dated 18 October 1988, the Government intimated that the President of the Republic of Zambia had, on 28 April 1988, directed that the passports of Messrs. Chiluba and Zimba be returned to them. Subsequently, both Mr. Chiluba and Mr. Zimba had attended the 75th Session of the International Labour Conference in June 1988. Mr. Chiluba had travelled to Zimbabwe, Lesotho and Malawi on trade union business, and was due to travel to Senegal in November 1988 to attend a conference there. Mr. Zimba, meanwhile, had travelled to China and to the United States of America.

C. The Committee's conclusions

1. 29. The Committee notes that the Government has returned their passports to the Chairman and Secretary-General of the ZCTU, and that both officials were able to participate in international and ILO meetings during 1988.
2. 30. As regards the proposition that matters relating to the security of the State fall outside the purview of the Governing Body or its committees, the Committee recalls that it has consistently taken the view that it is not competent to consider purely political allegations (Digest of Decisions and Principles of the Committee on Freedom of Association of the Governing Body, 3rd edition, 1985, para. 199). Self-evidently, many matters pertaining to the security of the State are of a "purely political" character and as such are indeed outside the competence of the Committee. However, the Committee has also taken the view that measures of a political nature which are not intended to restrict trade union rights as such may nevertheless be applied so as to have that effect in practice (Digest, para. 197). To the extent that they have this effect, measures of a political nature are within the competence of the Committee (Digest, para. 199). In this context, the Committee considers that the withdrawal of the passports of trade union leaders is within the competence of the Committee.
3. 31. The Committee also wishes to reiterate the special importance which it attaches to the representatives of workers' and employers' organisations being able to participate in meetings of international organisations to which they belong. It also stresses the importance of the right of workers' and employers' representatives to attend and participate in meetings of the ILO (see in this regard, paras. 672-677 of the Digest, and para. 470 of its 254th Report concerning the present case).

The Committee's recommendations

1. 32. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) The Committee notes that the Government has returned their passports to the Chairman and Secretary-General of the ZCTU, and that both officials were able to participate in international and ILO meetings during 1988.
   • b) The Committee recalls that questions of a purely political character are beyond its competence, but that it is competent to deal with political issues where measures of a political character are applied in such a manner as to restrict trade union rights.
   • c) The Committee reiterates the special importance it attaches to the right of workers' and employers' representatives to attend and to participate in meetings of international workers' and employers' organisations and of the ILO.