Effect given to the recommendations of the committee and the Governing Body - Report No 368, June 2013

Case No 2862 (Zimbabwe) - Complaint date: 06-MAY-11 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 162. The Committee last examined this case, concerning allegations of violations of trade union right to organize demonstrations and protests, at its June 2012 meeting [see 364th Report, paras 1125–1145]. On that occasion, it made the following recommendations:
   • (a) The Committee expects that the Government will intensify its efforts in ensuring that the POSA is not used to infringe upon legitimate trade union rights and requests the Government to provide information on all concrete measures aimed at ensuring that trade unions could organize freely peaceful demonstrations and that permissions to hold processions and demonstrations are not arbitrarily refused.
   • (b) The Committee requests the Government to provide its observations on the allegations submitted by the ZCTU in communications dated 7 and 21 May 2012.
   • (c) The Committee expects that a full review of the application of the POSA in practice has been carried out together with the social partners and requests the Government to inform it of the outcome. If this has not yet been done, the Committee urges the Government to do so without delay. The Committee further expects that clear lines of conduct for the police and security forces will be elaborated and promulgated without delay. It requests the Government to keep it informed in this respect.
   • (d) The Committee requests the Government to clarify whether the POSA is being considered for amendment and, if so, the status thereof.
   • (e) The Committee firmly expects that the Government will take the necessary steps without delay to ensure that trainings on human and trade union rights for the police and security forces are intensified and requests the Government to keep it informed in this regard.
2. 163. In its communication dated 2 March 2013, the Government indicates that it has conducted a number of training activities for the law enforcement bodies on international labour standards. The Government considers that these training activities provide an information sharing platform on the application of international labour standards, focusing, in particular, on freedom of association, and their nexus with national law and practice with a view to improving the interaction between the law enforcement bodies and trade unions. The Government hopes that, funds permitting, training activities will be cascaded down to cover more officials from the provinces, so as to attend a critical mass of officials sufficient to positively impact on the interaction between trade unionists and the law enforcement bodies.
3. 164. The Government further submits that the incidents referred to by the Zimbabwe Congress of Trade Unions (ZCTU) in its communications dated 7 and 21 May 2012 vindicate the call by the Government for more information sharing activities with the law enforcement bodies given the fact that a number of processions were allowed to proceed after the Ministry of Labour had intervened with the relevant authorities riding on the strength of the cooperation understanding established during the abovementioned training activities. It is therefore the Government’s view that more impact can be achieved if such training activities are cascaded down to provinces where such incidents have been experienced in the past. The Government indicates that the soccer match referred to by the ZCTU was ended purely on security considerations, given the poor lighting and inadequate security arrangements at the stadium where the match was being played. The police, in their assessment, saw the possibility of breach of law and order given the fact that they had not been informed in advance regarding the extension of the time for the match to enable them to make adequate preparations for the extension of the match into the evening.
4. 165. With regard to the Public Order and Security Act (POSA), the Government considers that a joint review of the POSA could not have been carried out before the training of law enforcement bodies on international labour standards since it was necessary for all those concerned to have the same conceptual understanding of the issues involved. The Government informs that a joint review of the use of the POSA in practice has been scheduled among the activities to be carried out in 2013 in the framework of implementation of the Commission of Inquiry’s recommendations. However, there is no intention to amend the Act given the fact that this piece of legislation does not apply to trade union activities. The Government considers that what needs to be corrected is the practice, particularly with regard to the incidences where the POSA has been invoked by the law enforcement bodies.
5. 166. The Government concludes by indicating that the issues pertaining to the Committee’s recommendations in this case are being attended to by the Government in the context of implementing the recommendations of the Commission of Inquiry, on the progress of which the Government is obliged to report. The Government therefore requests the Committee to consider closing this case with a view to avoiding multiple reporting over the same issues. The Government commits itself to implementing the activities intended to improve observance of principles of freedom of association and to reporting to the Office on all progress made in this respect.
6. 167. In its communication dated 9 May 2013, the ZCTU informs that on 10 April 2013, its southern region office based in Masvingo notified the police of its intention to hold May Day celebrations on 1 May 2013 at Mucheke stadium in Masvingo. The celebrations were to commence with a procession. On 24 April 2013, the Police Chief Superintendent, Officer Commanding Police in Masvingo Central District replied banning the holding of the procession. The reasons proffered for banning the procession were said to be a security reason without elaboration. On 26 April 2013, ZCTU, through the Zimbabwe Lawyers for Human Rights, filed an urgent chamber application in the High Court of Zimbabwe challenging the banning of the procession. It was only after the application has been served to the police, on 30 April 2013, the procession was allowed to go ahead but under strict conditions. As a result, the procession went ahead on 1 May, as well as the celebrations. However, according to the complainant, the attitude of the Zimbabwean authorities created an organizing problem for the ZCTU as the reply came on the evening of the May Day making it difficult for the union to inform its members that the procession will go ahead as planned. The police action was a well-calculated move to instigate fear among ZCTU members and distract ZCTU attention from organizing the celebrations. They further demanded to be paid for escorting the procession, a demand the ZCTU resisted. As a result, in the ZCTU’s view, the authorities achieved their objective as only 18 people managed to join the procession at the scheduled times.
7. 168. The ZCTU further alleges denial of visas to a six-member delegation from the Chinese Trade Unions whom it had invited to Zimbabwe as part of the trade union solidarity work.
8. 169. The Committee takes note of the Government’s reply and its request to close this case. In this respect, in line with the Special procedures for the examination in the International Labour Organization of complaints alleging violations of freedom of association [see, in particular, Annex I of Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 72] and, given the nature of the questions raised therein, as well as the new allegations submitted by the complainant, the Committee will continue to examine actions the Government had been able to take on the recommendations made to it.
9. 170. The Committee notes the information on training activities for the law enforcement bodies. Noting with interest the importance the Government attaches to the cascading of such activities at the provincial level, the Committee requests the Government to continue engaging with the Office in this regard and taking the necessary measures aimed at ensuring that such activities take place.
10. 171. With regard to the POSA, the Committee notes the Government’s indication that, while it plans to review the application of this legislation in practice, there is no intention to amend it. The Committee expects that a full review of the application of the POSA in practice will be carried out together with the social partners without further delay. At the same time, in the light of the continuing difficulties with the application of the POSA in practice, as demonstrated by this case and acknowledged by the Government, and the Commission of Inquiry’s recommendation that the POSA be brought into line with the Convention, the Committee urges the Government to take the necessary measures, in consultation with the social partners, in order to amend the POSA. It requests the Government to provide information on all concrete steps taken in this respect.
11. 172. The Committee regrets that no information has been provided by the Government on the measures taken to elaborate and promulgate clear guidelines for the conduct of the police and security forces. It notes with concern the allegation of banning of a May Day procession in Masvingo. It therefore reiterates its previous request and asks the Government to keep it informed of the concrete steps taken in this respect.
12. 173. The Committee requests the Government to provide its observations on the allegations submitted by the ZCTU in its communication dated 9 May 2013.
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