Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Zimbabwe (Ratification: 1998)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Zimbabwe (Ratification: 2019)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2016, as well as the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to take the necessary measures to ensure the adoption of the anti-trafficking bill in the near future.

The Committee notes with interest the enactment in 2014 of the Trafficking in Persons Act, Cap. 9:25. The Committee notes that the Act covers in its definition sexual exploitation, debt bondage, illegal labour, forced labour, or other forms of servitude (Parts I and II). It also notes that section 3(2) of the Act provides for a penalty of life imprisonment or any definite period of imprisonment of not less than ten years for this offence. Moreover, the Committee notes the Government’s indication in its report that several measures to prevent trafficking are being taken, including: (i) the launch of the 2016–18 National Plan of Action on Human Trafficking; (ii) the training of relevant stakeholders on trafficking in persons’ issues; (iii) the organization of a workshop with the support of the ILO under the Global Action Programme (GAP) on Migrant Domestic Workers and their Families. The workshop provided an interface among stakeholders on challenges facing Zimbabwean migrant domestic workers in the Arab States in light of the “kafala” system; and (iv) the establishment of an Anti-Trafficking Inter-Ministerial Committee by virtue of section 9 of the Anti-Trafficking Act.

The Committee notes that, in its observations, the ZCTU alleges that there is a lack of awareness on the law, and limited policies and programmes in place to assist and protect victims of trafficking. It also asserts that more needs to be done by the Government to prevent trafficking in persons.

The Committee requests the Government to provide information on the application in practice of the Trafficking in Persons Act, 2014, including the number of investigations, prosecutions and convictions. The Committee also requests the Government to provide information on the measures taken within the framework of the 2016–18 National Plan of Action on Human Trafficking, as well as the results achieved in this regard.

Articles 1(1) and 2(1). 1. Legislation concerning vagrancy. In its earlier 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)). The Committee previously noted that the provisions of the Vagrancy Act are worded in such general terms as to lend themselves to application as a means of compulsion to work and therefore requested the Government to amend the Act.

The Committee notes the Government’s indication that it is still in the process of aligning its legislation with the Constitution. It is expected that the Vagrancy Act will also be amended in order to bring it into compliance with the Convention. The Committee requests the Government to take the necessary measures 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.

2. Freedom of career military personnel to leave their service. In its previous comments, the Committee requested the Government to supply a copy of the Defence (Regular Force) (Officer) Regulations. The Committee notes that in its observations, the 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 recalls 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 (General Survey of 2012 on the fundamental Conventions, paragraph 290). The Committee also notes the Government’s indication that the requested piece of legislation will be submitted in due course. The Committee requests the Government to provide information on the application in practice of the Defence (Regular Force) (Officer) Amendment Regulations with regard to the resignation of career military personnel. The Committee also requests the Government to indicate the number of applications to resign submitted by military staff that have been refused, indicating the grounds for refusal.

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 noted that, under section 14(2)(c) of the Constitution of Zimbabwe, 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 Committee has also noted that section 4A(2)(c) of the Labour Relations Act, as amended by the Labour Relations Amendment Act, 2002, contains a similar provision. The Committee also noted the Government’s statement that the Labour Act will be amended to take into account the Committee of Experts’ comments. The Committee notes the Government’s indication in its article 22 report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that the Labour Amendment Act No. 5 was promulgated in August 2015. The Committee notes however that the Labour Amendment Act No. 5 of 2015 does not align section 4A(2)(c) with the Convention. The Committee requests the Government to take the necessary measures to amend or repeal section 4A(2)(c) of the Labour Relations Act. The Committee also requests the Government to provide information on any progress made in this respect.

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. The Committee requested the Government to take the necessary measures to amend the mentioned section in order to be in conformity with the Convention. The Committee notes the Government’s indication that it is in the process of amending a new Prisons and Correctional Services Act with a bill, and that the Committee of Experts’ comments will be addressed in this respect. The Committee requests the Government to take the necessary measures to ensure that section 71 of the Prisons (General) Regulations, 1996, is amended in the framework of the abovementioned amendment process.