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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 103. The Committee last examined this case in which the complainant, the Zimbabwe Congress of Trade Unions (ZCTU), alleged denial of registration of new trade unions and the ban by the police on trade union demonstrations, at its March 2016 meeting [see 377th Report, paras 442–476]. On that occasion, the Committee made the following recommendations [see 377th Report, para. 476]:
- (a) The Committee encourages the Government to amend the Labour Act in consultation with the social partners so as to:
- (i) ensure that the conditions for the granting of registration are not tantamount to obtaining previous authorization from the public authorities for the establishment of a workers’ or employers’ organization;
- (ii) to make it clear that when a trade union already exists for the same employees as those whom a new union seeking registration is organizing, or is proposing to organize, or the fact that the existing union holds a bargaining certificate in respect of such class of employees, this cannot give rise to objections of sufficient substance to justify the Registrar in refusing to register the new union; and
- (iii) to ensure that the period for registering an organization is reasonable.
- It requests the Government to keep the Committee of Experts on the Application of Conventions and Recommendations, to the attention of which it draws the legislative aspects of the case, informed of the progress made in this regard.
- (b) The Committee requests the Government to take the necessary measures in order to review the ZFTAWU application with a view to its registration, thus guaranteeing the right of the 850 workers alleged to be its members, to establish and join the organization of their own choosing without previous authorization. The Committee requests the Government to keep it informed in this respect.
- (c) As regards the NUMAIZ application for registration, the Committee requests the Government to ensure that the procedure is expedited, if it has yet to be concluded, and to transmit the Registrar’s decision.
- (d) The Committee urges the Government to take the necessary steps for the adoption and effective implementation of the code of conduct so as to ensure that the police and security forces follow clear lines of conduct with regard to human rights and trade union rights. The Committee requests the Government to keep it informed in this respect.
- 104. In its communication dated 6 February 2018, the Government indicates that the work on amendments to the Labour Act (sections 33, 34 and 45) remains on course and that together with the social partners it has reached a consensus on the need to remove the Registrar’s discretionary powers with regard to the registration of trade unions (section 34). The Government indicates that a consensus was reached at a tripartite meeting to review the third draft Labour Amendment Bill that was held on 8 December 2017 with the participation of the Attorney General’s Office. It further states that the provisions requiring the Registrar to hold accreditation proceedings on the basis of objections by others persons (sections 33(2) and 45) would be repealed to give effect to the requirements of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). In addition, the Registrar will be required to process all applications within a stipulated time frame of 30 days from the date of the application. The Government points out that it is implementing a 100-day Rapid Results Initiative (RRI) which, among others, targets to facilitate the approval of the Labour Amendment Bill by the Cabinet by April 2018.
- 105. Concerning the allegations of denial of registration of the Zimbabwe Footwear Tanners and Allied Workers’ Union (ZFTAWU) and the National Union of Metals and Allied Industries of Zimbabwe (NUMAIZ), the Government affirms that both unions were registered on 20 May 2016. However, the Labour Court had subsequently overturned their registration following an appeal by the opposing trade union parties. The Government provides a copy of the Labour Court judgments and reiterates its commitment to ensure that the legislation concerning registration formalities is amended as soon as possible in order to accord greater protection to freedom of association rights. In its communication dated 12 April 2019, the Government clarifies that that the certificate of registration of the union of workers in the leather industry was nullified by the Labour Court on the grounds of violation of the procedure for registration. The union did not appeal but rather choses to submit a new application, which is now under consideration by the Registrar. The applicant is expected to submit necessary documents to complete the registration process.
- 106. Finally, the Government informs that it had finalized and adopted, in November 2016, the code of conduct for state actors in the world of work in Zimbabwe and a handbook on freedom of association and civil liberties in the world of work and the role of law enforcement agencies in Zimbabwe. The Government adds that these two instruments are now part of the Zimbabwe Republic Police’s training curriculum to ensure their sustainability and continuous implementation.
- 107. The Committee takes note of the information provided by the Government regarding the proposed amendment of the Labour Act to repeal sections 33(2) and 45 and thereby remove discretionary powers accorded to the Registrar in the registration of trade unions and provide for a 30-day time frame from the date of application to process them. The Committee regrets the lack of progress made in this respect, despite the 100-day Rapid Results Initiative referred to by the Government, which intended, among others, to facilitate the approval of the Labour Amendment Bill by the Cabinet by April 2018. The Committee urges the Government to amend the Labour Act without further delay in consultation with the social partners and refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.
- 108. The Committee further notes the Government’s indication that the registration of both unions has been revoked by the respective decisions of the Labour Court, a copy of which it transmits. The Committee notes, however, that in the case involving NUMAIZ, the Labour Court, while cancelling its certificate of registration dated 20 May 2016, by consent ordered a new registration of the said union. Regarding the case of the ZFTAWU, the Committee notes from the decision of the Labour Court, which had revoked its registration, that the underlying cause therefor was the existence of another trade union in the sector. The Committee recalls in this respect that section 45 of the Labour Act would indeed appear to hinder the registration of a new organization if another registered organization already exists in a specific enterprise or occupation. The Committee once again recalls that a provision authorizing the refusal of an application for registration if another union, already registered, is sufficiently representative of the interests which the union seeking registration proposes to defend, means that, in certain cases, workers may be denied the right to join the organization of their own choosing, contrary to the principles of freedom of association [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 494]. The Committee understands from the Government’s most recent communication that the union’s new application for registration is currently under consideration by the Registrar and that the union is expected to submit the necessary documents to complete the registration process. The Committee requests the Government to keep it informed in this respect.
- 109. The Committee further notes the adoption of the code of conduct for state actors in the world of work in Zimbabwe and a handbook on freedom of association and civil liberties in the world of work and the role of law enforcement agencies in Zimbabwe. It further takes note of the Government’s indication that these two instruments are now part of the Zimbabwe Republic Police’s training curriculum. The Committee requests the Government to keep it informed of the activities undertaken to ensure a wide dissemination of the code of conduct and the handbook.
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- 110. Finally, the Committee requests the governments and/or complainants concerned to keep it informed of any developments relating to the following cases.
| Case | Last examination on the merits | | Last follow-up examination |
| 1865 (Republic of Korea) | March 2009 | | June 2017 |
| 2086 (Paraguay) | June 2002 | | March 2017 |
| 2362 (Colombia) | March 2010 | | November 2012 |
| 2512 (India) | November 2007 | | March 2018 |
| 2528 (Philippines) | June 2012 | | November 2015 |
| 2603 (Argentina) | November 2008 | | November 2012 |
| 2637 (Malaysia) | March 2009 | | November 2017 |
| 2652 (Philippines) | March 2010 | | November 2015 |
| 2715 (Democratic Republic of the Congo) | November 2011 | | June 2014 |
| 2743 (Argentina) | March 2013 | | November 2015 |
| 2749 (France) | March 2014 | | – |
| 2756 (Mali) | March 2011 | | June 2018 |
| 2797 (Democratic Republic of the Congo) | March 2014 | | – |
| 2850 (Malaysia) | March 2012 | | June 2015 |
| 2871 (El Salvador) | June 2014 | | June 2015 |
| 2889 (Pakistan) | March 2016 | | – |
| 2892 (Turkey) | March 2014 | | October 2015 |
| 2902 (Pakistan) | March 2019 | | _ |
| 2925 (Democratic Republic of the Congo) | March 2013 | | March 2014 |
| 2949 (Eswatini) | March 2013 | | March 2019 |
| 2962 (India) | June 2015 | | June 2018 |
| 2977 (Jordan) | March 2013 | | November 2015 |
| 2988 (Qatar) | March 2014 | | June 2017 |
| 2991 (India) | June 2013 | | March 2019 |
| 3003 (Canada) | March 2017 | | – |
| 3011 (Turkey) | June 2014 | | November 2015 |
| 3022 (Thailand) | June 2014 | | March 2019 |
| 3036 (Bolivarian Republic of Venezuela) | November 2014 | | – |
| 3041 (Cameroon) | November 2014 | | – |
| 3046 (Argentina) | November 2015 | | – |
| 3047 (Republic of Korea) | March 2017 | | – |
| 3054 (El Salvador) | June 2015 | | – |
| 3058 (Djibouti) | March 2015 | | March 2019 |
| 3078 (Argentina) | March 2018 | | – |
| 3083 (Argentina) | November 2015 | | – |
| 3098 (Turkey) | June 2016 | | November 2017 |
| 3100 (India) | March 2016 | | – |
| 3101 (Paraguay) | October 2015 | | June 2018 |
| 3107 (Canada) | March 2016 | | – |
| 3110 (Paraguay) | June 2016 | | – |
| 3120 (Argentina) | March 2019 | | _ |
| 3123 (Paraguay) | June 2016 | | – |
| 3126 (Malaysia) | November 2017 | | – |
| 3127 (Paraguay) | June 2018 | | – |
| 3137 (Colombia) | October 2018 | | – |
| 3150 (Colombia) | October 2018 | | – |
| 3159 (Philippines) | June 2017 | | – |
| 3167 (El Salvador) | November 2017 | | – |
| 3169 (Guinea) | June 2016 | | – |
| 3182 (Romania) | November 2016 | | – |
| 3194 (El Salvador) | June 2018 | | – |
| 3202 (Liberia) | March 2018 | | – |
| 3209 (Senegal) | March 2018 | | – |
| 3220 (Argentina) | March 2018 | | – |
| 3227 (Republic of Korea) | March 2018 | | – |
| 3229 (Argentina) | March 2018 | | – |
| 3237 (Republic of Korea) | June 2018 | | – |
| 3238 (Republic of Korea) | November 2017 | | – |
| 3248 (Argentina) | October 2018 | | – |
| 3253 (Costa Rica) | March 2019 | | _ |
| 3256 (El Salvador) | June 2018 | | – |
| 3257 (Argentina) | October 2018 | | – |
| 3268 (Honduras) | June 2018 | | – |
| 3272 (Argentina) | October 2018 | | – |
| 3274 (Canada) | October 2018 | | – |
| 3276 (Cabo Verde) | March 2018 | | – |
| 3278 (Australia) | March 2019 | | _ |
| 3283 (Kazakhstan) | June 2018 | | – |
| 3285 (Plurinational State of Bolivia) | March 2019 | | _ |
| 3288 (Plurinational State of Bolivia) | March 2019 | | _ |
| 3289 (Pakistan) | June 2018 | | – |
| 3305 (Indonesia) | March 2019 | | _ |
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- 111. The Committee hopes that these governments will quickly provide the information requested.
- 112. In addition, the Committee has received information concerning the follow-up of Cases Nos 1787 (Colombia), 2153 (Algeria), 2341 (Guatemala), 2434 (Colombia), 2445 (Guatemala), 2488 (Philippines), 2533 (Peru), 2540 (Guatemala), 2566 (Iran, Islamic Republic of), 2583 and 2595 (Colombia), 2656 (Brazil), 2673 (Guatemala), 2679 (Mexico), 2684 (Ecuador), 2694 (Mexico), 2699 (Uruguay), 2700 (Guatemala), 2706 (Panama), 2708 (Guatemala), 2710 and 2719 (Colombia), 2723 (Fiji), 2745 (Philippines), 2746 (Costa Rica), 2750 (France), 2751 (Panama), 2753 (Djibouti), 2755 (Ecuador), 2758 (Russian Federation), 2763 (Bolivarian Republic of Venezuela), 2768 (Guatemala), 2793 (Colombia), 2816 (Peru), 2840 (Guatemala), 2852 (Colombia), 2854 and 2856 (Peru), 2870 (Argentina), 2872 (Guatemala), 2883 (Peru), 2896 (El Salvador), 2900 (Peru), 2916 (Nicaragua), 2924 (Colombia), 2934 (Peru), 2944 (Algeria), 2946 (Colombia), 2948 (Guatemala), 2952 (Lebanon), 2954 and 2960 (Colombia), 2966 (Peru), 2976 (Turkey), 2979 (Argentina), 2980 (El Salvador), 2982 (Peru), 2985 (El Salvador), 2987 (Argentina), 2994 (Tunisia), 2995 (Colombia), 2998 (Peru), 3006 (Bolivarian Republic of Venezuela), 3010 (Paraguay), 3016 (Bolivarian Republic of Venezuela), 3017 (Chile), 3019 (Paraguay), 3020 (Colombia), 3021 (Turkey), 3024 (Morocco), 3026 (Peru), 3030 (Mali), 3032 (Honduras), 3033 (Peru), 3035 (Guatemala), 3039 (Denmark), 3040 (Guatemala), 3043 (Peru), 3055 (Panama), 3056 (Peru), 3059 (Bolivarian Republic of Venezuela), 3061 (Colombia), 3065, 3066 and 3069 (Peru), 3072 (Portugal), 3075 (Argentina), 3077 (Honduras), 3085 (Algeria), 3087 and 3090 (Colombia), 3093 (Spain), 3095 (Tunisia), 3096 (Peru), 3097 (Colombia), 3102 (Chile), 3103 (Colombia), 3104 (Algeria), 3114 and 3131 (Colombia), 3142 (Cameroon), 3146 (Paraguay), 3162 (Costa Rica), 3170 (Peru), 3172 (Bolivarian Republic of Venezuela), 3177 (Nicaragua), 3188 (Guatemala), 3191 (Chile), 3196 (Thailand), 3212 and 3231 (Cameroon), 3240 (Tunisia), 3244 (Nepal), 3286 (Guatemala), 3287 (Honduras) and 3297 (Dominican Republic), which it will examine as swiftly as possible.
