Caso individual (CAS) - Discusión: 2011, Publicación: 100ª reunión CIT (2011)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Zimbabwe (Ratificación : 2003)

The Government provided the following written information.

In March 2010, the Government of Zimbabwe accepted the recommendations of the Commission of Inquiry. It also accepted the support (technical and financial) offered by the Office. In August 2010, the ILO Assistance Package was launched in Harare back to back with a high-level information-sharing session involving the International Labour Office and senior government officials drawn from the Ministries of Labour, Public Service, Justice, Home Affairs, Foreign Affairs, Office of the President and Cabinet, Public Service Commission, Attorney General’s Office, Labour Court and the Ombudsperson’s Office. A roadmap of the implementation of key activities between September and December 2010 was put in place with the concurrence of the social partners. Broad consultations on the harmonization and review of labour laws commenced during the period. In February 2011, the timelines of the implementation of the agreed activities were revised in consultation with the social partners. A new roadmap focusing on the key issues was adopted by the social partners. In March 2011, the Ministry engaged the Office (International Labour Standards Department) to finalize the programmes and the budget during the 310th Session of the Governing Body. April 2011, the agreed activities were commenced with the support of the Office. May–June 2011, the Office finalized the programmes and modules to be used in the dialogue sessions and capacity-building programmes for the law enforcement agencies and judicial officials.

The Government provided the following information with regard to the implementation of the agreed activities to give effect to the recommendations of the Commission of Inquiry.

(1) A Government meeting to examine the draft principles of harmonization and review of labour laws was held on 20 April 2011 at Compensation House. The meeting took place and comments were factored in. (2) A tripartite technical meeting concerning draft principles of harmonization and review of labour laws was due to be held on 27 April 2011 at Rainbow Towers, Harare, but was postponed to 18 May 2011. (3) Bilateral planning between the Ministry of Labour and Social Services and Ministry of Youth on the formulation of the implementation matrix of the employment policy framework and the preparation of the agenda of the inaugural meeting of the Employment Forum was undertaken on 28 and 29 April 2011 at Rainbow Towers, Harare. The concept note for the inaugural meeting of the Employment Forum was formulated. (4) The inaugural meeting of the Decent Work Country Programme National Steering Committee was held on 4 May 2011 at Rainbow Towers, Harare. The Ministry prepared the terms of reference of the Committee, which were agreed by the social partners. The meeting was held, and was officially opened by the Hon. Minister. (5) On 5 May 2011, the following were addressed: (a) follow-up with the Attorney General’s Office concerning the list of trade unionists that have pending court cases under the Public Order and Security Act (POSA); (b) communicating with Ministry of Justice regarding the CEACR’s comments and direct requests on issues pertaining to the Prisons (General) Regulations (Convention No. 29) and the Criminal Law Codification and Reform Act (Convention No. 105); (c) communicating with the Department of Social Services regarding the Reform of the Children’s Act in the wake of the CEACR’s comments in the context of Convention No. 182; and (d) communicating with NSSA–OHS in the context of the CEACR’s comments concerning Conventions Nos 81 and 155. These are legislative concerns which the CEACR raised in respect of other pieces of legislation which relate to labour issues. The Attorney General’s Office is looking into the issue of the pending cases of the trade unionists. (6) A tripartite technical meeting concerning draft principles of harmonization and review of labour laws was held on 18 May 2011 at Rainbow Towers, Harare. The Ministry presented a zero draft and all 11 draft principles were adopted. The ZCTU proposed new draft principles which are to be considered during the period 12–15 July 2011. The dates were agreed upon. (7) An inaugural meeting of the Employment Forum was held on 20 May 2011 at Rainbow Towers, Harare. The Employment Forum was launched and the social partners participated. (8) A tripartite workshop on social dialogue with special emphasis on legislative agenda of social dialogue chambers; lessons from NEDLAC, was held at the Kadoma Hotel. The social partners participated in the workshop. This was a prelude to the negotiation of the draft legislation principles of the Tripartite Negotiating Forum (TNF), to take place during the period 12–15 July 2011. (9) The first capacity-building workshop to orient the new members of the Zimbabwe Decent Work Country Programme National Steering Committee was held on 26 and 27 May 2011 at the Kadoma Hotel. Members drawn from Government, the ZCTU and EMCOZ were inducted. (10) A meeting of the principals from government and the social partners to receive the draft principles of harmonization and review of labour laws was due to be held on 26 May 2011 in the 12th floor boardroom, Compensation House. This was postponed to allow the technical committee to consider the new proposals from the ZCTU. The proposals are to be considered during the period 12–15 July 2011. (11) The finalization of Memoranda to Cabinet Committee on Legislation (CCL) by the officials from the concerned government ministries was due to be undertaken on 27 May 2011 in the 12th floor boardroom, Compensation House. This had to be postponed and will take place only once the principals have considered the draft principles from the technical committee. (12) The principles are due to be submitted to the CCL on 30 May 2011. This will happen once the principals have considered the draft principles. (13) A meeting to formulate the principles for the TNF is planned for 12–15 July 2011 at the Troutbeck Inn, Nyanga. The TNF technical committee was mandated to come up with draft principles. (14) A round-table discussion of the interface between international labour standards and national laws involving the Human Rights Commission, the Organ for National Healing, Reconciliation and Integration, Ombudsperson and social partners is planned on 19 July 2011 at Rainbow Towers, Harare. The programme is being developed by the ILO (International Labour Standards Department). (15) A first capacity-building workshop for the law enforcement agencies (all ten provinces will be covered resources permitting) is planned on 20–22 July 2011 at Rainbow Towers, Harare. The programme is being developed by the ILO (International Labour Standards Department). (16) A first capacity-building workshop for the judiciary and labour officers (all ten provinces will be covered, resources permitting) is planned on 25–29 July 2011 at the Kadoma Hotel. The programme is being developed by the ILO (International Labour Standards Department). (17) A meeting between the ministry officials and the general secretaries of all the registered employment councils to discuss the comments of the CEACR regarding the legislative application of the Weekly Rest (Industry) Convention, 1921 (No. 14), is planned on 2–3 August 2011 in Nyanga. The issue of the ILO supporting the meeting is to be discussed, as it only emerged when all the outstanding comments of the CEACR were being examined. (18) A second capacity-building workshop for the judiciary and labour officers is planned on 26–30 September 2011 at the Kadoma Hotel. The dates have been agreed to by the ILO (International Labour Standards Department), which is the facilitator. (19) A third capacity-building workshop for the judiciary and labour officers is planned on 12–16 December 2011 at the Kadoma Hotel. The dates have been agreed to by the ILO (International Labour Standards Department), which is the facilitator.

In conclusion, the Government of Zimbabwe has taken all measures necessary to implement the recommendations of the Commission of Inquiry and related requests from the Committee of Experts. As demonstrated above, the Government of Zimbabwe is working with the social partners and the Office. The Government of Zimbabwe intends to submit a comprehensive report concerning the implementation of the recommendations of the Commission of Inquiry in its next report.

In addition, before the Committee, a Government representative, the Minister of Labour and Social Services, recalled that her Government had accepted the recommendations of the Commission of Inquiry and was fully committed to their implementation with the technical assistance of the Office, which, together with the Government and the social partners had launched its “technical assistance package” in August 2010. A roadmap covering key issues to be addressed had been agreed upon by the Government and the social partners on that occasion. While she regretted that there was little progress to be noted as yet due to certain administrative obstacles, she affirmed that work had now begun on the basis of an agreed roadmap. She indicated that her Government and the social partners had agreed, on a technical level, on draft principles for the harmonization and review of the labour laws, which took into account the comments and observations of the Committee of Experts, as well as the legislative recommendations of the Commission of Inquiry. In July 2011, a meeting of the principals in the Government, labour and business would be convened to consider these draft principles prior to their submission to Cabinet for approval. Furthermore, work had already commenced to create an independent social dialogue mechanism. The Government and its social partners would be meeting in July 2011 to finalize the draft principles for the legislation on the Tripartite Negotiating Forum. Further, work had begun to give effect to the recommendation of the Committee of Experts relating to the promotion of employment in line with the Employment Policy Convention, 1964 (No. 122). The National Employment Policy Framework, formulated with the involvement of the social partners, was now in place; the Employment Forum, the organ responsible for the coordination of the implementation of the national employment policy, had been launched. Beginning in July 2011, further capacity-building activities were scheduled to take place. These would involve Government officials, including the law enforcement agencies, which in their daily duties interfaced with workers. The idea was to bring knowledge about international labour standards to Government officials beyond the confines of the Ministry of Labour, in particular to those agencies and high-ranking officials that dealt with the application of the Public Order and Security Act (POSA). She expected a transformation and new approach by these departments to issues involving organized workers and employers. Dialogue sessions on international labour standards and human rights in the world of work would also be carried out with the Organ for National Healing, Reconciliation and Integration, the Human Rights Commission and the Office of the Ombudsperson. These new bodies had been set up to promote national cohesion and human rights. The Ministry of Labour’s agenda was to ensure that human rights in the world of work were taken on board. She called on the Committee to give the implementation of these dialogue sessions and capacity-building programmes a chance. She also indicated that it was in this context that all the outstanding cases referred to by the Committee of Experts were being looked into. The Government was also looking into the allegation that the Secretary-General of the General Agriculture and Plantation Workers Union had been forced into exile. The list of trade unionists alleged to had been arrested under the POSA while performing trade union duties, as referred to in the report of the Commission of Inquiry, had been submitted to the Attorney General’s Office. The Attorney General’s Office had indicated that it was liaising with all the concerned area prosecutors with a view to ascertaining the nature of the cases. She expected to get feedback from the Attorney General’s Office in due time. She concluded by thanking the Committee for having afforded her delegation the opportunity to inform it about the implementation of the Commission of Inquiry’s recommendations which, in her view, should not be viewed as an event, but as a process. She also thanked the Office for the support and the extra mile which the International Labour Standards Department had agreed to walk with Zimbabwe. Her Government might not have covered a lot of ground yet, but was determined to fulfil its part of the bargain. As an expression of her Government’s political will and commitment, the Minister of Public Service and the Chairperson of the Public Service Commission were present at the Conference, along with the Ministry of Labour delegates. Should her Government be listed at the next Committee’s session, it would be able to report on progress in the implementation of the recommendations of the Commission of Inquiry.

The Employer members recalled that this was the fourth examination of the application of the Convention by Zimbabwe. In 2007 and 2008, the Conference Committee conclusions had been placed in a special paragraph (in 2008, the special paragraph on the continued failure to implement). During the last two discussions of the case, the Government had not appeared before the Committee. In the 2008 conclusions, the Committee had urged other governments that had ratified the Convention to give serious consideration to the submission of an article 26 complaint and had called upon the Governing Body to approve a Commission of Inquiry pursuant to article 26 of the ILO Constitution. The complaints examined by the Commission of Inquiry set up in 2009 referred in particular to serious allegations of violations of basic civil liberties, including the quasi-systematic arrest, detention, harassment and intimidation of trade union leaders and members for the exercise of legitimate trade union activities. In its recommendations, the Commission called for: the harmonization of the relevant legislative texts, and particularly the Labour Act, the Public Service Act and the POSA, with Conventions Nos 87 and 98, as requested by the ILO supervisory bodies; the cessation with immediate effect of all anti-union practices, as documented in its report; the Zimbabwe Human Rights Commission to be rendered operational as soon as possible, with adequate resources; the provision of training on freedom of association and collective bargaining, civil liberties and human rights to key personnel in the country, most notably the police, security forces and the social partners; the reinforcement of the rule of law and the role of the courts in Zimbabwe, by ensuring that the courts were respected, properly resourced and provided with appropriate training and support; the continued strengthening of social dialogue; and the continuation of ILO technical assistance in these areas. Turning to the Government’s remarks, they observed that the Government had only focused on the two last points and had not given the real context. They encouraged the Government to address the other points.

The Worker members observed that the case had been examined by the Committee on several occasions and that in November 2008, it had given rise to a complaint under article 26 of the ILO Constitution alleging the Government’s failure to respect Conventions Nos 87 and 98. The Commission of Inquiry that had been set up to examine that complaint had submitted its report to the Governing Body in March 2010. In the Government’s reports on the application of the aforementioned Conventions, it had undertaken to cooperate with the ILO and to comply with the Commission of Inquiry’s recommendations, specifically by amending the legislation in force to bring it in line with Conventions Nos 87 and 98, by putting a stop to anti-union practices with immediate effect, by continuing the process that the Commission of Inquiry had started whereby people could be heard by the Human Rights Commission and by the Organ for National Healing, Reconciliation and Integration, by providing training on freedom of association and collective bargaining, civil liberties and human rights for key personnel in the country, by strengthening the juridical framework and the role of the courts and of social dialogue, and by continuing to collaborate with the ILO. Those recommendations had been accepted by the Government in March 2010, and in August 2010 the ILO had launched its technical assistance programme. Referring to the written information communicated by the Government, the Worker members stressed that, despite the acceptance of the aforementioned conclusions and recommendations, there had been few tangible results, notwithstanding the many meetings that had taken place or were planned. In August 2010, the Government had announced its intention to amend the POSA so as to prohibit its use against trade unions, while recognizing the need to conduct an awareness-raising campaign among members of the police and security forces. The Government now had to demonstrate that the relevant laws and regulations actually existed. In fact, it appeared that, in spite of the roadmap on the essential action to be taken that had been drawn up in collaboration with the social partners, anti-union harassment and arrests aimed both at the leaders of the Zimbabwe Congress of Trade Unions (ZCTU) and at other trade unions, notably the General Agriculture and Plantation Workers Union of Zimbabwe (GAPWUZ), continued to take place. The Worker members attached great importance to the application in law and in practice of the principle of freedom of association, and they regretted the lack of information provided by the Government on the implementation of the Commission of Inquiry’s recommendations with respect to: the effective timetable for bringing the legislation into line with the Convention; the possibility for Zimbabwe’s Human Rights Commission to receive complaints of violations of human rights and trade union rights perpetrated since 1990; the effective involvement of the Government in the preparation of the training activities mentioned in the roadmap (notably, the training scheduled for September 2011 on the development of clear lines of conduct for the police and security forces) so as to demonstrate its support for the recommendations of the Commission of Inquiry; the participation of representatives of the labour and criminal courts in the activities scheduled for December 2011 with a view to strengthening the rule of law and the role of the courts; and the strengthening of the role of social dialogue in the development of all policies concerned with labour issues. Finally, they emphasized the need for the ILO to find adequate funding for the technical assistance activities called for by the Commission of Inquiry and to develop effective cooperation with other international institutions in this respect.

The Worker member of Zimbabwe recalled that this was the first discussion of this case following the establishment of the Commission of Inquiry in 2009, which had visited Zimbabwe and gathered information from individuals who had volunteered to submit their experiences of human and trade union rights violations. He further recalled that, following the acceptance by the Government of Zimbabwe of the findings and recommendations of the Commission of Inquiry, the ILO had proposed a technical assistance package to support their implementation. Unfortunately, instead of taking advantage of the “package”, the Government had waited for cosmetic get-togethers during the month of May in anticipation of the International Labour Conference in June 2011. He stated that, while a tripartite technical committee was engaged in the labour law reform, this process was taking longer than expected. It was the Government’s lethargic manner that the ZCTU was worried about. He recalled that the labour law reform had been originated with a piecemeal amendment of the Labour Relations Act in 1992 and 1996, and continued in 2002 with the harmonization of the Public Service Act and the Labour Act, before being followed by yet another de-harmonization of the two Acts and a return to the status quo in 2002. Instead of implementing the Commission of Inquiry’s recommendations, the Government had further trampled on trade union rights by arresting and denying workers their constitutional right to commemorate internationally recognized events, such as International Women’s Day on 8 March 2011, Workers’ Day on 1 May 2011, and Health and Safety Day on 6 June 2011. In Harare and Bulawayo, for example, police had been advised by the ZCTU of its intention to mark International Women’s Day. In Harare, processions had been denied. In Bulawayo, the police had denied the commemorations altogether. The ZCTU had applied to the Magistrate Court on 7 March 2011 to have the commemorations legalized. The Court had granted permission. However, on the day of the commemoration, about 30 police officers dressed in riot gear, wielding baton sticks, had disrupted the event and arrested 19 trade union leaders. Another 20 officers had raided the venue, threatening anyone who dared to participate in the event. On May Day 2011, the police had either refused the ZCTU permission to commemorate or denied permission for processions in many centres around the country. Noting the serious consequences it would have had on the morale of workers, the ZCTU had made an urgent application to the High Court to challenge the widespread refusals. Despite the order to allow all ZCTU commemorations to be staged without police interference, in some centres the police had still prohibited commemorations from taking place. He argued that some of the Commission’s recommendations could have been implemented already without funding from the ILO. For example, the Government could already have advised the police and other security agencies not to interfere with trade union activities, as guaranteed by section 26 of the POSA. It could also have ensured that all anti-union practices ceased, in particular in places where workers had previously been dismissed because of their union activities, as had been the case with the entire union executive in the postal and telecommunications sector, including the present speaker. To demonstrate its good will, the Government could have withdrawn court cases involving trade unionists, as requested by the Commission of Inquiry. Currently, Ms Gertrude Hambira was in exile after receiving threats from senior members of the army in respect of her trade union operations. The Committee of Experts had recalled for the third time that the civil service and the prison services staff should enjoy collective bargaining rights. The current labour law reform appeared to keep the Labour Act and the Public Service Act as two separate laws, i.e. one for the private sector and another for the civil service. The ZCTU suspected that, by maintaining two separate pieces of legislation, the Government was avoiding the demand by civil servants to affiliate to the ZCTU. The right to strike did not exist unless workers illegally resorted to collective job actions. In many cases, strikes were both politicized and criminalized, leading to arrests, torture or detention of workers. In July 2009, the TNF had been on a study tour to South Africa to learn from the South African experience on making tripartism work in practice. While it had been a good learning tour, it had brought no concrete results. Other than signing and launching the Kadoma Declaration by the President, the policymaking TNF had not met again. The ZCTU called on the Government to commit to specific timelines for the completion of the labour law reform, ensuring that civil servants, prison staff and the police enjoyed collective bargaining rights under the National Employment Council (NEC), based on a single harmonized labour legislation. Lastly, the critical recommendations concerning civil liberties, the rule of law and good governance did not require funding and could have been implemented. The Government should inform the Committee of the reasons for failing to do so.

The Employer member of Zimbabwe noted that the Government had appeared before the Committee to report on the follow-up to the recommendations of the ILO Commission of Inquiry, which it had accepted in full. He was not aware of the allegations of non-compliance raised by the Worker member of Zimbabwe, otherwise he would have immediately called for a meeting of the TNF. Three points needed to be raised: the written information supplied by the Government; the state of social dialogue in Zimbabwe; and the election of the Government of Zimbabwe to the ILO Governing Body. As regards the first point, he stated that the Government’s report on the steps taken so far to implement the recommendations of the Commission of Inquiry was accurate. In relation to the second point, while recognizing that social dialogue still faced enormous challenges, he declared himself optimistic about it and stated that the country had to sit down and find solutions with the involvement of social partners. While believing that the Government was sincere and was doing its best, this did not imply, however, that the allegations of the violation of Conventions Nos 87 and 98 were without foundation. The acts resulting in the derailing of social dialogue originated from other arms of the State, which might not understand social dialogue. In this regard, the implementation of the recommendations of the Commission of Inquiry was anxiously awaited. As to the third point, he thanked the governments that had elected the Government of Zimbabwe to the Governing Body, which represented an honour for the country. While some ILO members were of the view that Zimbabwe should not be elected because of alleged continuing violations of Conventions Nos 87 and 98, he considered that the Government was aware of the onerous responsibility it was taking on by sitting on the ILO Governing Body, its members having a higher level of accountability than other ILO members. Such a level of responsibility would strengthen the responsibilities of the Government with respect to compliance with ILO Conventions. He concluded by underlining that the recommendations of the Commission of Inquiry were a solid foundation for Zimbabwe and progress made in implementing them so far had showed room for improvement. The process of implementing the recommendations of the Commission of Inquiry should be expedited.

The Government member of Hungary, speaking on behalf of the Governments of Member States of the European Union (EU) attending the Conference, as well as the candidate countries (Croatia, The former Yugoslav Republic of Macedonia, Montenegro and Iceland), the potential candidate countries (Albania and Bosnia and Herzegovina), Norway, and the Republic of Moldova, noted with interest the launch of the ILO technical assistance package in August 2010, which aimed to support the Government and the social partners in implementing the recommendations of the Commission of Inquiry so as to ensure full freedom of association and protection of the right to organize in the country. Recalling the Government’s statement in reply to the 2009 report of the Commission of Inquiry that the recommendations would be implemented in the context of its current legislative and institutional reform programme and that ILO support was welcome, she strongly expected that the long awaited harmonization of the labour laws and the amendment of the Labour Act and the Public Service Act would soon be finalized and that the legislation would be brought in full compliance with the Convention. Noting with regret the allegations submitted by the ZCTU related to the banning of trade union activities, she urged the Government to take the necessary measures to ensure, in law and practice, the right of trade unions to organize, without any interference, including by the police and security forces. In particular, she urged the Government to ensure that the POSA was not used to infringe upon legitimate trade union rights, including the right of workers’ organizations to express their views on the Government’s economic and social policy. Recalling the Government’s strong commitment expressed at the launch of the ILO technical assistance package to implement the recommendations of the Commission of Inquiry, she urged it to take all the necessary measures to ensure full compliance with all aspects of the Convention, and thereby guarantee full respect for freedom of association and protection of the right to organize.

The Government member of Switzerland aligned herself with the statement of the Government member of Hungary.

The Government member of Swaziland considered that Zimbabwe should be commended for accepting to implement the recommendations of the Commission of Inquiry and ILO assistance. The Government was committed and willing to take all the necessary measures to address the comments made by the Committee of Experts: a roadmap for the implementation of the recommendations had been put in place in consultation with the relevant stakeholders, and the harmonization and review of labour laws had been undertaken. He thanked the ILO for its continued support to Zimbabwe and requested the Committee to give Zimbabwe an opportunity to fully implement the recommendations of the Commission of Inquiry and submit a progress report in time for consideration by the Committee of Experts.

The Worker member of China recalled the Committee of Experts’ report, which stated that the tripartite constituents in Zimbabwe had identified seven priority activities to be carried out from September to December 2010, and that further activities, to be carried out in 2011, were in the process of being developed in consultation with the social partners. He underlined the importance of social dialogue as an invaluable mechanism for reducing social tensions in times of crisis and designing measures to fit national policies. While unions were encouraged by the strengthening of social dialogue, which was fundamental to implementing the recommendations of the Commission of Inquiry, he was not optimistic about social dialogue in practice, since there had been no tripartite policy meetings for two years in Zimbabwe. He urged the Government and the social partners to accept the need for tripartism and the appeal by the ZCTU. He feared that the signing and launching of the Kadoma Declaration and labour law reform was window dressing rather than substance. He recalled that social dialogue structures and processes could resolve important economic and social issues, encourage good governance, advance social and industrial peace and stability and boost economic progress. For this dialogue to be effective, there needed to be respect for the fundamental rights of freedom of association and collective bargaining. Autonomous, independent and strong workers’ organizations were critical for effective social dialogue, and he urged the Government to take the necessary measures to ensure that the POSA was not used to infringe upon the legitimate rights of workers’ organizations to express their views on the Government’s economic and social policy.

The Government member of Namibia noted that the Commission of Inquiry had completed its work in December 2009, and expressed his satisfaction that the Government was committed to implementing its recommendations. He called on the Government, employers and workers of Zimbabwe to engage in constructive social dialogue that would lead to the implementation of the Convention. He also requested the ILO to continue to provide the country with technical assistance.

The Worker member of Norway stated that the Commission of Inquiry’s report gave detailed information about serious violations of labour rights, reported frequent arrests, detentions, assaults and torture as weapons of intimidation and harassment against trade unionists, described the breakdown of collective bargaining and social dialogue and the lack of institutional protection for trade union rights, and identified several aspects of the law that were not in conformity with ILO Conventions Nos 87 and 98 and which needed to be repealed. Although the Government had accepted the recommendations of the Commission of Inquiry, the situation had not improved, which demonstrated a lack of political will to implement those recommendations. She urged the Government to follow up and implement in totality the recommendations of the Commission of Inquiry in both law and practice, and to bring its labour legislation into conformity with Conventions Nos 87 and 98. For trade unions in Zimbabwe to exercise their freedom of association, expression and movement, it was imperative that all repressive laws, such as the POSA, be repealed. The Government needed to desist from interfering in trade union activities, stop the harassment of trade union leaders and members and drop all pending charges against trade unionists under the POSA. Constructive and meaningful dialogue could only be held in an environment of common understanding, trust and mutual respect among the social partners. Unfortunately, this kind of environment was currently wishful thinking.

The Government member of Cuba declared that the Government was making positive efforts to comply with the Convention and emphasized the important role played by ILO technical cooperation. She pointed out that account had to be taken of the Government’s implementation of all the ILO technical assistance measures and recalled some of the measures highlighted by the Government, including the meetings held to examine the provisional principles for the harmonization and revision of the national legislation. She concluded by emphasizing that the facts showed the Government’s political will to comply with the provisions of the Convention and encouraged the Government to maintain an open dialogue with the social partners and continue with the technical cooperation.

The Worker member of Ghana drew attention to the Government’s responsibility for a huge number of trade union rights violations and its failure to create an environment which was conducive to the free exercise of the right to freedom of association. Employers in Zimbabwe trampled on workers’ rights and rarely faced any negative consequences. On the contrary, they could often count on the Government’s support. He referred to concrete incidents, including physical assaults against trade unionists and dismissals and fines in retaliation for taking part in strikes. This exemplified how the lack of enforcement of trade union rights by the authorities encouraged other parties, including some public sector employers, to violate them, which was unacceptable. He sincerely hoped that the Conference Committee would acknowledge this in its conclusions.

The Worker member of Zambia recalled that trade union rights were human rights, and for any society to progress, it was imperative that these fundamental rights were upheld and respected. He noted the efforts of local governments, but regretted that persistent political tensions led to breaches of trade union rights. He condemned over 119 trade union violations that had occurred during the past two years and denounced police action that often disregarded even court orders. He concluded by stating that freedom of association as enshrined in the Convention which Zimbabwe had ratified in 2003, had clearly not been materialized and this brought into serious question the Government’s will to implement the recommendations of the Commission of Inquiry.

The Worker member of Brazil referred to the information supplied by the Government concerning the steps taken to implement the Convention and indicated that there were no technical reasons for Zimbabwe to be on the Committee’s list of cases for non-observance of Convention No. 87 since progress had been made. She criticized the use of the Convention as a pretext for putting pressure on a country for political reasons and economic interests. She pointed out that since the country had started to demand compliance with the agreement on land resettlement, economic sanctions had been imposed, all because the country wished to develop a national economy independent of the International Monetary Fund (IMF) and the World Bank. She stated that the attacks related to mineral wealth and that the countries of the North had accumulated a large part of their riches on the basis of slavery, colonization and an aggressive policy of plundering and violence against the countries of the South. She stressed that the Committee should concentrate on the hard facts and congratulated the country for its efforts to implement the ILO’s recommendations and support its struggle to retain control over its resources. She concluded by emphasizing that it was a serious mistake to accept that major multinationals should continue to exert pressure to have countries included on the list for reasons which had nothing to do with the fundamental principles of the ILO.

The Government representative appreciated the support expressed for the roadmap that her country was following in implementing the recommendations of the Commission of Inquiry and addressing the outstanding issues raised by the Committee of Experts. Her country’s socio-political landscape was characterized by underlying dynamics which were the subject of other forums, such as the Southern African Development Community and the African Union. She pointed out that the totality of the Zimbabwe landscape was being reformed and the labour market had not been spared. The issues or incidents quoted and the continued restrictions over trade union meetings or activities cited were the very subject of the planned activities starting from July 2011. The Office would be working with the Ministry in Harare in July 2011, and dialogue sessions with the concerned organs of the Government would also commence at that time. This was about changing a mindset, which would only be achieved through knowledge sharing. She therefore again appealed to the Committee to provide the opportunity to implement her Government’s objectives, with the support of the Office. The political will and the commitment of the Government were not questionable. The Government had sincerely accepted the recommendations of the Commission of Inquiry, it had designed a set of activities to be pursued to give effect to those recommendations, and those activities were the backbone of the agreed roadmap, which the Office was supporting.

The Employer members stated that they had expected something more concrete and tangible than mere expressions of goodwill. Unlike previous discussions, that of today had been constructive. However, the Government had been emphasizing process over substance. The Government needed to initiate and adopt substantive changes in line with the Convention’s requirements. Priority should be placed on those parts of law and practice that infringed individual and civil liberties. The Employer members supported the recommendations of the Worker members and called for the conclusions to be included in a special paragraph of the Committee’s report.

The Worker members observed that the core of the discussion revolved around the follow-up to the very specific and unambiguous recommendations of the Commission of Inquiry. The recommendations to the authorities included the cessation with immediate effect of attacks against trade unionists, the establishment of a Human Rights Commission, training in human rights for the security forces, the strengthening of the rule of law, and the amendment of legislation to bring it in line with the Conventions. Consequently, the Worker members asked that the following recommendations be included in the conclusions: (i) that a timetable showing fixed deadlines for bringing legislation into line with the Convention be prepared and respected; (ii) that all violations of human rights and trade union rights perpetrated since 1990 be placed on the agenda of the Human Rights Commission; (iii) that concrete steps be taken to organize workshops on the drafting of clear rules of conduct for the police and security forces, and the preparation and dissemination of training materials, so as to demonstrate the Government’s endorsement of the Commission of Inquiry’s recommendations; (iv) that participation in the events planned for December 2011, with respect to the strengthening of the rule of law and the role of the courts, be expanded to include a broader public, comprising not just the labour courts but the criminal courts as well; transparency was essential for all cases brought to court and sanctions should be commensurate with the seriousness of the complaints; (v) social dialogue had to be revived and the Government should consult the social partners on the development of the new policies; and (vi) the ILO should find adequate funding so as to be able to continue providing technical assistance and should share its assessment of the situation in Zimbabwe with other international institutions in order to ensure better collaboration and a more effective implementation of the Commission of Inquiry’s recommendations. They called on the Governing Body to continue following up Zimbabwe’s compliance with the recommendations of the Commission of Inquiry and requested the Government, at the earliest opportunity, to provide detailed information in response to the comments of the Committee of Experts. Finally, they endorsed the Employer members’ proposal that the conclusions on the case be included in a special paragraph of the Committee’s report.

The Employer members reaffirmed their agreement with the Committee’s conclusions. Upon further consideration, unlike other governments, after recent Commissions of Inquiries, the Government of Zimbabwe had accepted the Commission of Inquiry’s recommendations and had formulated a roadmap for the purpose of implementing those recommendations. However, this roadmap focused primarily on process over substance. More substantive progress had to be demonstrated by next year. The Employer members did not support including the conclusions on this case in a special paragraph of the Committee’s report this year, but would revisit this next year if there was no real and concrete progress on the recommendations of the Commission of Inquiry.

The Worker members took note of the statement by the Employer members and said that their refusal to include the conclusions on this case in a special paragraph of the report of the Committee gave rise to problems. This case remained serious regarding violations of civil liberties and freedom of association, as well as the situation confronting trade union leaders. It was not certain that the Government had the political will to move forward. The recommendations set out in the conclusions were clear and detailed. They constituted a roadmap and the ILO should ensure constant monitoring of the progress achieved in their application. The Committee of Experts needed to assess the situation in its next report. For their part, the Worker members would closely follow the evolution in the application of the Convention and would assess the situation at the next session of the Conference.

The Worker member of Zimbabwe expressed his disappointment regarding the Committee’s conclusions. He hoped that the Government of Zimbabwe would indeed implement the measures presented by the Government representative to the Committee, but expressed doubt that this would occur due to a lack of political will.

Conclusions

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee recalled that the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Conventions Nos 87 and 98 had completed its work in December 2009 and submitted its report to the Governing Body at its March 2010 session. The Committee recalled that the Government had accepted the Commission’s recommendations that the relevant legislative texts be brought into line with Conventions Nos 87 and 98; all anti-union practices – arrests, detentions, violence, torture, intimidation and harassment, interference and anti-union discrimination – be ceased with immediate effect; national institutions to continue the process the Commission had started whereby people can be heard, in particular, referring to the Human Rights Commission and the Organ for National Healing, Reconciliation and Integration; training on freedom of association and collective bargaining, civil liberties and human rights be given to key personnel in the country; the rule of law and the role of the courts be reinforced; social dialogue strengthened in recognition of its importance to the maintenance of democracy; and ILO technical assistance to the country continued.

The Committee noted the statement of the Government representative reaffirming her Government’s political will and commitment to ensuring the implementation of the Commission of Inquiry’s recommendations and expressing her deep appreciation for the assistance afforded by the ILO in this regard. While she had regretted that there was little progress to be noted as yet due to certain administrative obstacles, she had affirmed that work had now begun on the basis of an agreed roadmap. In particular, draft principles for the harmonization and review of the labour laws had been agreed with the social partners, taking into account the comments of the Commission of Inquiry and the Committee of Experts. In addition, the tripartite partners were finalizing the draft principles for the legislated Tripartite Negotiating Forum (TNF). She had stated that issues related to the Public Order and Security Act (POSA) were high on the dialogue sessions with high-ranking officials in the targeted government ministries and agencies, and expected a transformation and new approach by these departments to issues affecting workers’ and employers’ organizations. She had indicated that her Ministry was working on placing labour rights on the agenda of the Organ for National Healing, Reconciliation and Integration, the Human Rights Commission and the Office of the Ombudsperson.

The Committee noted with concern new allegations of violations of freedom of association in practice and, in particular, those relating to the forced exile of the General Secretary of the General Agriculture and Plantation Workers Union of Zimbabwe (GAPWUZ), as well as several instances of banning of trade union activities. In this respect, the Committee recalled the importance it attached to respect for basic civil liberties, including freedom and security of the person and freedom of assembly, which were crucial to the effective exercise of freedom of association and constituted a fundamental aspect of trade union rights. The Committee requested the Government to ensure that the POSA was not applied in practice in a manner contrary to this fundamental principle and to carry out a full review of its application in practice with the social partners. It urged the Government to take the necessary measures to ensure that the GAPWUZ leader could come back to the country and that her safety was ensured.

The Committee noted the launch of the ILO technical assistance programme and the written and oral information that had been provided on the activities that had taken place already and those that were scheduled to take place before the end of 2011. In particular, the Committee noted that the outstanding cases of trade unionists arrested under the POSA had been identified and urged the Government to ensure that these cases were withdrawn without further delay.

The Committee noted the process of the labour law review and harmonization initiated in the country and welcomed the fact that this process involved the social partners. The Committee urged the Government to proceed with this work and all other measures for the implementation of the recommendations of the Commission of Inquiry as a matter of urgency and recommended to the Government to elaborate a roadmap to this effect with clearly delineated timelines, which should be strictly respected. Priority should be given to addressing all concerns related to fundamental civil liberties and all human rights violations, including those relating to trade union rights, which should be included in the review to be carried out by the Human Rights Commission. Concrete steps should be taken for the preparation of workshops ensuring that the police and security forces were trained for the full respect of human and trade union rights and to enable the elaboration and promulgation of clear lines of conduct in this regard.

The Committee expressed the firm hope that the law and practice would be brought fully in line with the Convention in the very near future, encouraged the Government to continue cooperating with the ILO and the social partners in this respect, and asked the Government to provide a detailed report to the Committee of Experts in this regard for examination at its next meeting.

The Employer members reaffirmed their agreement with the Committee’s conclusions. Upon further consideration, unlike other governments, after recent Commissions of Inquiries, the Government of Zimbabwe had accepted the Commission of Inquiry’s recommendations and had formulated a roadmap for the purpose of implementing those recommendations. However, this roadmap focused primarily on process over substance. More substantive progress had to be demonstrated by next year. The Employer members did not support including the conclusions on this case in a special paragraph of the Committee’s report this year, but would revisit this next year if there was no real and concrete progress on the recommendations of the Commission of Inquiry.

The Worker members took note of the statement by the Employer members and said that their refusal to include the conclusions on this case in a special paragraph of the report of the Committee gave rise to problems. This case remained serious regarding violations of civil liberties and freedom of association, as well as the situation confronting trade union leaders. It was not certain that the Government had the political will to move forward. The recommendations set out in the conclusions were clear and detailed. They constituted a roadmap and the ILO should ensure constant monitoring of the progress achieved in their application. The Committee of Experts needed to assess the situation in its next report. For their part, the Worker members would closely follow the evolution in the application of the Convention and would assess the situation at the next session of the Conference.

The Worker member of Zimbabwe expressed his disappointment regarding the Committee’s conclusions. He hoped that the Government of Zimbabwe would indeed implement the measures presented by the Government representative to the Committee, but expressed doubt that this would occur due to a lack of political will.