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Caso individual (CAS) - Discusión: 2013, Publicación: 102ª reunión CIT (2013)

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

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2013-Zimbabwe-C87-En

A Government representative indicated that his Government had accepted all seven recommendations of the Commission of Inquiry and the ILO technical assistance package and that it had committed itself to working together with the social partners and the Office for the implementation of those recommendations. In accordance with the Committee’s conclusions adopted in 2011, the Government was making progress towards the implementation of the Action Plan which had been endorsed by the social partners as a roadmap for carrying out the recommendations of the Commission of Inquiry in a focused and systematic manner. His Government appreciated the fact that the Committee of Experts had noted the progress made in the area of capacity building involving several state actors who interfaced directly or indirectly with trade unionists. However, capacity-building activities had not been limited to state actors but were extended to non-state actors such as independent arbitrators, designated agents of the employment councils/bargaining councils and lawyers in private practice. Subject to availability of resources, the capacity-building training programmes should be taken regularly to involve new players. Progress had also been noted by the Committee of Experts in the area of strengthening social dialogue, particularly as regards the proposed establishment of a chamber for social dialogue. A zero draft of the Tripartite Negotiating Forum (TNF) Bill was now in place. This draft was drawn up in December 2012 after approval by Cabinet of the principles of the TNF legislation and the Attorney-General’s Office was currently working towards the actual draft bill. The speaker went on to say that the Zimbabwe Human Rights Commission Act was passed into law in October 2012 paving the way for the Commission to start its work. However, due to budgetary constraints, the Commission did not have readily available resources to roll out its programmes. Yet, the Government and the social partners held information-sharing sessions with the members of the Commission as well as the Organ on National Healing, Reconciliation and Integration (ONHR). These two structures needed to mainstream human rights in the world of work and to this end, senior officials from the ONHR were part of the state players who received capacity building in the area of international labour standards. As regards the complaint submitted to the ILO by the International Trade Union Confederation (ITUC) concerning alleged cases of suspension and mass dismissal of workers who had participated in strikes and protests at their respective workplaces, the speaker stated that such cases were the subject to domestic remedies provided for in the Labour Act. The Zimbabwe Congress of Trade Unions (ZCTU) should advise the concerned workers to approach the district labour offices in their respective areas. Otherwise, the Ministry of Labour had no information about the alleged cases of suspension and mass dismissal of workers. Concerning the situation of Ms Hambira, the General Secretary of the General Agricultural and Plantation Workers’ Union of Zimbabwe (GAPWUZ) who was allegedly in forced exile, the Government representative reiterated that Ms Hambira had no pending case and that she was never arrested nor was she a wanted person. Just like any other Zimbabwean living abroad, Ms Hambira was free to return when she deemed fit and therefore the recommendation that the Government should take necessary measures to ensure her safety upon her return was unfounded.

Referring to the comments of the Committee of Experts concerning the Public Order and Security Act (POSA) and the alleged difficulties of the ZCTU in organizing public gatherings to commemorate the International Women’s Day and Labour Day in 2012, the speaker acknowledged that the ZCTU encountered similar problems in Masvingo, a provincial capital, during preparations for the 2013 Workers Day celebrations. The POSA was never meant to apply to bona fide trade union activities and it had an exclusion provision to that effect. Through information-sharing sessions pertaining to the relationship between international labour standards and national laws and practices, state actors were becoming increasingly aware of the thin dividing line between trade unionism and politics. Only three such information sharing sessions had been conducted since 2011 involving about 90 law enforcement agents and many of the law enforcement agencies in the outer areas still needed to be included. Once those agencies were covered, there would be zero incidents in which POSA would be invoked. Three more workshops were planned with the law enforcement agencies at the national level in July/August 2013, as well as the organization of information-sharing sessions to all of the ten provinces, and of a tripartite workshop before the end of the year with the participation of law enforcement agencies. The planned workshop involving the social partners and law enforcement agencies would help build bridges between trade union representatives and the law enforcement agencies and could be the platform to finalize the draft code of conduct of players in industrial relations. Beyond the code, the focus would be placed on a training handbook on human rights in the world of work. This information would help the law enforcement agencies in particular and other state actors in general to make informed and objective decisions. Levelling the playing field, including ensuring that the POSA could not infringe upon legitimate trade union rights, required a new mind set beyond amending the POSA. The Government had withdrawn all pending cases involving trade unionists who had been arrested under POSA in line with one of the recommendations of the Commission of Inquiry. As for three cases pending before the Supreme Court, the speaker indicated that the ZCTU would need to petition the court in question. Concerning the labour law reform, the speaker made reference to the new Constitution, assented to by the President on 22 May 2013, which addressed the issue of freedom of association and collective bargaining as they related to both the private and public sectors in section 65 on labour rights. This constitutional provision gave effect to ILO Conventions on freedom of association and collective bargaining. In the area of the public sector, the new provisions meant that full-fledged collective bargaining was replacing consultative arrangements. Sections 58 and 59 of the Declarations of Rights also provided for freedom of association and assembly as well as freedom to demonstrate and to present petitions provided they were exercised peacefully. Those constitutional provisions complied with the principles of the Convention. In addition, the Cabinet was currently discussing the draft principles for the harmonization and review of labour laws and a Cabinet task force had been constituted in October 2012 to examine them. The Government representative concluded by thanking the Office for providing technical and financial support in connection with the implementation of the recommendations of the Commission of Inquiry. His Government would not only ensure that the resources were used well but would also ensure that there was compliance with the provisions of Convention No. 87 and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), both in law and practice.

The Employer members recalled the historical developments leading up to the present discussion, including the ILO technical assistance package launched in Harare in August 2010, which involved a high-level information-sharing session with senior ILO officials, an agreed upon roadmap of key activities between September and December 2010 and consultations with the social partners concerning a February 2011 timeline to implement those activities. The Government had, prior to the discussion of the case in 2011, provided information in writing regarding the measures it had purportedly taken to implement the recommendations of the Commission of Inquiry and the Committee of Experts’ requests, and had indicated that it would submit a detailed reply concerning those measures in its next report. However, before the 2011 discussion, the Government indicated that progress had not been made owing to administrative obstacles, although work had begun on the basis of the roadmap, and that, if it was listed by the Committee in a future session, it would be able to report on its progress. Although the report submitted in 2011 was constructive, the Government needed to adopt substantive changes in line with the Convention’s requirements. The Employer members urged the Government to provide a detailed report outlining the outcome and status of reported initiatives, including the participation of Supreme Court judges in a training course on international labour standards, two training workshops on human rights and trade union rights for the police, security forces and the Attorney-General’s Office, the recently approved principles for the TNF legislation and the Human Rights Bill to operationalize the Human Rights Commission that had been passed by Parliament and was before the President. They additionally requested further information without delay concerning initiatives to undertake a full review, in cooperation with the social partners, of the application of the POSA in practice, concrete steps to enable the promulgation of clear lines of conduct for the police and security forces with respect to human and trade union rights, as well as the establishment, in cooperation with the ILO, of a handbook of international labour standards and national legislation for various actors in the labour market. The Employer members urged the Government to provide further information on steps taken to bring the POSA into line with the Convention, in consultation with the social partners, as well as on developments regarding the revision of the Labour Act, the Public Service Act and other relevant laws and regulations, and the December 2012 consensus-building workshop towards drafting a labour law reform bill. The Employer members concluded by stressing the importance of bringing both national law and practice fully into compliance with the Convention and reporting on progress made in this regard.

The Worker members recalled that the question of respecting the principles of freedom of association in Zimbabwe had given rise to the establishment of a Commission of Inquiry in 2009 that had identified a number of violations and had submitted a series of recommendations to the Government. The first recommendation dealt with harmonizing legislation, and it was evident that the Government had shown a certain resistance in that area because the draft principles adopted by the social partners had still not been approved by the Cabinet and the Senate had rejected the amendments to the POSA. Regarding the second recommendation (the cessation with immediate effect of all anti-union practices), certain cases had been withdrawn but anti-union practices still occurred: the dismissal of union delegates in June 2012 during a collective action in a diamond mining enterprise, the exile of the General Secretary of GAPWUZ following threats made against her; and interference by the police and security forces in union affairs. The third recommendation concerned the creation of a Human Rights Commission to receive and deal with complaints, but it had not yet been set up. The fourth recommendation dealt with legal training for the social partners and security forces. Training had been given, with ILO technical assistance, but it was not enough. While progress had been noted in the labour courts, the same could not be said for Supreme Court magistrates or for the police, whose attitudes had not changed. With regard to the fifth recommendation (strengthening the rule of law), seminars had been organized for magistrates but had not yet produced conclusive results. Lastly, in respect of the sixth recommendation (strengthening social dialogue), the bill to establish the TNF, which would signify progress, had yet to be adopted by the Cabinet. Training workshops on freedom of association and collective bargaining had nevertheless been planned for conciliators and arbitrators. In practice, however, difficulties remained: for example, for seven years the public authorities had refused to grant authorization to the metal and energy union, and employers did not negotiate in good faith or respect signed agreements or arbitration decisions, and even withheld union dues. The Worker members considered that while some slight progress was noticeable in the implementation of the Commission of Inquiry’s recommendations, the Government seemed unwilling to make the legislative changes requested or to ensure the functioning of the relevant institutions, and, all the while, union rights were being systematically violated.

The Employer member of Zimbabwe stated that the Government’s attitude had significantly improved since the time the complaint under article 26 of the Constitution was filed. Considerable ground had been covered and the progress now reported by the Government was real. The Government had been fortunate to receive technical assistance from the ILO although more had yet to be done. Concerning the harassment of trade unionists by law enforcement agents, the speaker preferred not to comment on this issue as employers were not directly affected. Referring to the TNF legislation, which was being drafted, he confirmed that employers had agreed on the guiding principles. The speaker concluded by stating that, in view of the marked progress, the examination of this case should be brought to a close.

The Worker member of Senegal recalled the seriousness of the case, which had been examined several times by this Committee in view of the harassment and persecution of trade union officials and the existence of a number of acts that were not in line with the Convention and encouraged anti-union practices. The legislative amendments required were taking time to materialize and the police and security forces were still using the POSA against trade unionists with total impunity. The Government should acknowledge the seriousness of the situation and show evidence of its will to change. It should make the legislative amendments requested and ensure that they were applied through a rigorous labour inspection system and an independent judiciary; ensure that the POSA was not used to penalize trade unionists and issue clear instructions to the police in that regard, and also build police capacity and enhance their knowledge of international human rights instruments; and guarantee sustainable social dialogue mechanisms that would ensure social stability. In so far as the replies given by the Government to the supervisory bodies’ questions did not demonstrate any real change, no commitment could be made, and the Committee should make explicit and firm recommendations to the Government.

The Worker member of Zimbabwe stated that when workers in Zimbabwe wished to join unions, they were not only likely to face discrimination by their employers but also harassment and attacks by the law enforcement agencies, particularly workers from the diamond mining sector. The Commission of Inquiry, which had found that systematic and systemic violations of Convention Nos 87 and 98 had been perpetrated by the State and its law enforcement agencies, had requested the Government to bring its laws, in particular the Labour Act, the Public Service Act and the POSA, into compliance with international labour standards. The Government had also been requested to end all anti-union practices, to operationalize the Human Rights Commission and to strengthen social dialogue. However, the legislative reform process was stagnant. While tripartite discussions had resulted in a draft labour law amendment in 2012, Cabinet had not yet brought the amendment to Parliament. This led to believe that the Government had never had the intention to amend neither the labour laws nor the POSA, which meant that workers were still governed by laws which made them vulnerable and subject to violations. Another important recommendation of the Commission of Inquiry was to bring all outstanding and pending court cases against trade unionists to an end. However, only seven out of 12 criminal cases had been withdrawn, notably the charges against union leaders remained. Police and state intelligence services were regularly attending the meetings of unions. Police had banned the International Human Rights Day celebrations on 10 December 2012 and had first prohibited the May Day processions in 2013 in one of the commemoration venues and had then permitted them under very strict and harsh regulations. Anti-union discrimination in employment also continued, in particular in state-owned companies. In a company in the diamond mining sector, partly owned by the Government, 1,022 workers had been dismissed for having participated in a strike. The dismissed workers had appealed to the Labour Court for reinstatement but the matter was pending since one year. So far, the Government had only carried out two trainings for police and security forces. Given the systematic nature of attacks against trade unionists conducted by police, the significance of these trainings was only minimal, and no orders to respect and protect trade union rights had been given to guide and inform law enforcement agencies. The speaker expressed concern at the emergence of new cases of violations of trade union and human rights perpetrated against workers and trade unionists exercising their legitimate rights as guaranteed by Convention No. 87. Three years after the adoption of the report of the Commission of Inquiry, as well as technical and financial support offered by the ILO, there were no tangible changes in law or practice. The Government continued to display its lack of political will to comply with the recommendations of the Commission of Inquiry and respect for the rule of law.

The Government member of Swaziland stated that the statement made by the Government representative demonstrated the significant progress made by Zimbabwe in addressing the recommendations of the Commission of Inquiry. For instance, the principles for harmonization of the labour legislation, which had been agreed upon by the Government and the social partners, were being discussed in Cabinet, and the recently adopted Constitution effectively domesticated Conventions Nos 87 and 98. Her Government encouraged the Government of Zimbabwe to address the outstanding issues such as the finalization of the lines of conduct for the police and the security forces, and called on the Office to continue to provide the necessary support to the Government, in particular technical assistance to enhance capacity.

The Worker member of Denmark recalled that since 2002, this Committee had been attempting to establish a constructive dialogue with the Government of Zimbabwe with a view to finding solutions to the serious violations of these Conventions. On several occasions, the Government of Zimbabwe had made promises but nothing or little had changed. Among its many recommendations, the Commission of Inquiry had called for the Human Rights Commission to be rendered operational as soon as possible. It had also recommended ensuring that the Human Rights Commission and the Organ for National Healing and Reconciliation were adequately resourced so that they could contribute to the defence of trade union and human rights in the future. He took note of the indications provided by the Government concerning the passing of the Human Rights Bill and the crafting of activities involving these institutions. However, four years after its establishment, the Human Rights Commission was still not operational and its Chairperson had resigned in December 2012 due to lack of independence and funding of the Commission. In April 2012, the African Commission on Human and People’s Rights had found the Government guilty of human rights violations, and this decision had been endorsed at the African Union Heads of State Summit in January 2013. Moreover, the ZCTU had announced in May 2013 that they would mobilize workers to boycott the forthcoming polls if reforms agreed in the Global Political Agreement were not implemented.

The Government member of Zambia acknowledged the efforts made by the Government of Zimbabwe in addressing the key outstanding issues raised by the Committee, with regard to its obligations under Conventions Nos 87 and 98. Based on the Government’s report, the country had made significant strides in tackling the matters before this Committee. The Government, in consultation with the social partners, had agreed on principles for the harmonization of labour legislation, had reviewed the labour laws which were now being considered in Cabinet, and had addressed issues relating to the domestication of Conventions Nos 87 and 98. The Government was in the process of putting in place the TNF aimed at strengthening social dialogue and had undertaken a series of training of Government officials and social partners, from 2011 to 2013, in an effort to build capacity. Her Government considered that such efforts ought to be encouraged and called upon the Office and the Committee to note and continue to support the joint implementation efforts of the Government and the social partners.

The Worker member of Swaziland expressed his disappointment that the POSA was still in force and had been systematically used in order to repress basic civil liberties and trade union rights. Police and security forces had been harassing trade unionists with interrogations and interruptions of trade union meetings which could often only be conducted with the presence of security agents. Any opinion or act considered detrimental to public order or interest was punishable by imprisonment. The Government had done nothing to prove its commitment to amend the aforementioned Act. In 2013, a private member bill, that could have introduced changes, was rejected by the Senate of the National Assembly. Moreover, the Supreme Court had ruled that only Cabinet could initiate legislative amendments. He also expressed serious concern about the situation of Ms Hambira.

The Government member of Malawi took note of the progress made in the implementation of the recommendations of the Commission of Inquiry regarding the observance by Zimbabwe of Conventions Nos 87 and 98. Her Government called on the ILO to continue providing technical assistance to the Government so as to ensure that the recommendations made by the Commission of Inquiry were fully implemented.

The Worker member of Australia expressed deep concern over the continuing lack of progress with respect to workers’ and trade union rights in Zimbabwe, including the right to organize for workers in the public service. The various restrictions imposed on the basic labour rights of public sector workers had been the subject of criticism by the Commission of Inquiry and the Committee of Experts. Public servants in Zimbabwe only had limited rights to form and join trade unions, to collectively negotiate and to strike. The law also prohibited strikes in “essential services”, a term used in a much broader way than permitted by ILO jurisprudence, which included, for example, occupations such as railway engineers, electricians and pharmacies. In addition, other services could be deemed “essential” by the Minister, with the effect of arbitrarily depriving workers in these occupations of any right to take industrial action, without granting them any compensatory guarantees. The Commission of Inquiry had also observed the extensive violation of trade union rights of teachers, including numerous cases of dismissal or transferral for participating in legitimate trade union activities. Since 2009, the Government had been repeatedly assuring the international community that it intended to address all these deficiencies, in particular to reform the law in relation to the basic rights of public servants to organize and to collectively bargain by harmonizing the Labour Act and the Public Service Act. It had also taken advantage of ILO technical assistance in this respect without showing any real, tangible and substantial progress on these issues. The Teachers Union of Zimbabwe continued to report harassment of union members for participating in legitimate trade union activities and government interference in union affairs. She strongly urged the Government to bring national laws and practice into conformity with Convention No. 87, including with respect to workers engaged in the public service.

The Government member of Kenya noted the progress made by the Government in implementing the principles of Convention No. 87 and its commitment to continue conforming to the recommendations made by the Commission of Inquiry in 2009. He further noted that the Government had initiated a labour law reform and had strengthened social dialogue, and underlined the Government’s need for sustained technical assistance to implement the remaining recommendations and entrench freedom of association. The Government was urged to pursue its efforts to promote the principles of Convention No. 87 with a view to implementing an inclusive social dialogue, in particular within the framework of the TNF.

The Worker member of Angola expressed her dissatisfaction with the continued lack of progress in the adoption of the agreed measures to promote civil rights. She recalled that the Committee of Experts had called for improved social dialogue and that several seminars had been held with ILO technical assistance. However, despite the social partners’ agreement, there had been no legislation on a forum for tripartite negotiations. Moreover, the set of draft guidelines for legislation on the subject that had been adopted and approved by Cabinet in June 2012 had not yet been promulgated. She pointed out that the current mandate of Cabinet and Parliament ended on 29 June 2013 and that the next Government would have to start all over again. The Government had endorsed the Kadoma Declaration “Towards a Shared National Social and Economic Vision” but, although the document emphasized the importance of good labour relations and trade union rights, the mutually agreed mechanism for the social partners to follow up the declaration had never materialized. Given the lack of progress that had been made towards social dialogue, she appealed to the Committee to insist on active, immediate and sincere participation by the social partners in bringing about changes that could ensure full application of Convention No. 87.

The Government member of Botswana recalling that this case had been discussed for a long time, stated that notable progress had been achieved. His Government expressed satisfaction at the efforts and the commitment made by the Government and the social partners towards full compliance with Convention No. 87, and called on the Committee to encourage and support the Government to achieve this outcome.

The Worker member of Nigeria stated that the application of the current legal framework had continued to bypass workers and their organizations and make mockery of the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), ratified by Zimbabwe. The need for an urgent, timely and collaborative reform process had been underlined by the Commission of Inquiry, and Zimbabwe had benefitted from technical assistance to achieve this outcome with very little to show. The speaker added that acts of anti-union discrimination against trade union members and officials remained widespread, and workers were not adequately protected due to legislative gaps and insufficient measures to curtail anti-union discrimination. The Supreme Court continued to issue decisions that licensed employers to refuse to reinstate unlawfully dismissed workers. The Court had developed the principle that unlawfully dismissed workers must look for alternative employment. If workers failed to prove that they had taken measures to this end, the damages awarded to them, which were neither adequate nor dissuasive, would be reduced even further (for example, Olivine Industries (Pvt) Ltd v. Caution Nharara Judgment No. SC88/05). The speaker also indicated that the right to establish workers’ organizations without previous authorization was seriously hampered by the registration procedure. Pursuant to section 33 of the Labour Law any person who wished to make any representation to the registrar relating to the application could do so, and the registrar had to take all representations into account. This provision was used by employers in order to impair the registration of trade unions. The Zimbabwe Metal Energy and Allied Workers Union (ZMEAWU), into which several branch unions had merged in 2007, had applied for registration seven years ago. The Zimbabwe Diamonds and Allied Workers Union had applied for registration in April 2013. Lastly, the speaker urged the Committee to take account of the lack of progress in improving existing legal regulations. Acceptance of technical assistance had been used as a pretext for reforms that lacked genuine political commitment.

The Government representative noted with appreciation the statements acknowledging the progress that had been achieved so far and encouraging the Government to pursue its work. The incidents mentioned by the Worker members had not been brought to the attention of the Government and would be duly examined as soon as signalled to the authorities. With respect to Ms Hambira, Secretary-General of the GAPWUZ, the Government representative stated that she was free to return to Zimbabwe and that the Government was ready to consider proposals from the workers, if any, so that this matter could be resolved. Concerning the labour law reform, while noting the desire to move forward with greater speed, the speaker indicated that this was a process and results could not be expected over night. As regards the situation in the diamond sector, the issues needed to be brought to the attention of the Ministry of Labour so as to enable the Ministry to engage in finding solutions to obstacles encountered by workers in this industry. The lack of resources of the Human Rights Commission was due to the fact that the entire Government did not have adequate resources at its disposal. The speaker highlighted his Government’s commitment to continue to give effect to the recommendations of the Commission of Inquiry and to keep the Office and the Committee of Experts up to date on future developments.

The Employer members expressed their appreciation to the Government for its responsiveness to the submissions of the Committee. They were pleased that the Government had accepted the recommendations of the Commission of Inquiry and had taken some positive steps towards bringing national legislation into line with Conventions Nos 87 and 98. It was clear however that more needed to be done to ensure full compliance with these Conventions. The Employer members urged the Government to continue taking positive steps together with the social partners. They expected that the steps taken to enact the legislative reform would soon be completed and that information in this regard would be provided at the next meeting of the Committee of Experts. The Employer members further encouraged the Government to dedicate resources for the education and training of police and security forces so as to enhance understanding of Convention No. 87 and ensure that the application of the POSA was in line with that Convention. As regards the strengthening of social dialogue, they expected that the bill concerning the TNF was in line with Convention No. 87 and would be adopted without delay. The Employer members also encouraged the Government to fully operationalize the Human Rights Commission. Lastly, they supported the upcoming proposal of the Worker members for a technical assistance mission in order to ensure continued progress in Zimbabwe.

The Worker members recalled that in 2009, the Commission of Inquiry had found systematic violations of trade union rights and had issued several recommendations, the implementation of which had been assessed by the different speakers. The Government had certainly introduced some measures, but none of them had resulted in definitive decisions or specific results. Moreover, it had never undertaken to put an end to the discrimination and violence suffered by trade unionists, and the police and security forces continued to commit violent acts and interfere in union business, and social dialogue had scarcely been strengthened. The Worker members requested that the Commission of Inquiry’s recommendations be implemented forthwith. They also requested the Government to accept a high-level technical assistance mission in order to speed up the implementation of the recommendations, identify the obstacles and ensure the full respect of Convention No. 87 in law and in practice, and to report back to the Committee of Experts. If the Committee would still be unable, the following year, to see evidence of effective progress in the application of the Commission of Inquiry’s recommendations, serious consideration would be given to using article 33 of the ILO Constitution, which provided for measures to be taken in such cases.

Conclusions

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

The Committee noted that the outstanding issues concerned the need to bring the relevant legislative texts into line with the Convention so as to guarantee freedom of association rights to workers, both in the private and public sectors, and the need to ensure that the POSA was not used to infringe upon legitimate trade union rights and in this respect, to ensure that training on human and trade union rights for the police and security forces continued, to carry out together with the social partners a review of the application of the POSA in practice, and to elaborate and promulgate clear lines of conduct for the police and security forces.

The Committee noted the information on the capacity-building activities for social partners and non-state actors that had taken place in 2012 and 2013 with the ILO technical assistance. It further noted the planned activities for July–August 2013 with law enforcement agencies and the cascading of such sessions to all ten provinces. The Committee further noted the information on the process of the labour law review and harmonization, which, according to the Government, involved the social partners, as well as on the guarantees for freedom of association, in both the private and the public sectors, and the right to demonstrate under the new Constitution.

The Committee expressed the firm hope that the law and practice, including the Labour Act and the Public Service Act, would be brought fully into line with the Convention in the very near future and encouraged the Government to continue cooperating with the ILO and the social partners in this respect. The Committee requested the Government to: ensure the continued training of the police and security forces with a view to ensuring the full respect of human and trade union rights; take steps for the elaboration and promulgation of clear lines of conduct for the police and security forces; and ensure the POSA is applied in a manner that is in conformity with the Convention. The Committee urged the Government to provide the resources necessary for the full and rapid operationalization of the Human Rights Commission. The Committee further requests the Government, as it had suggested, to discuss the proposals of the workers’ organizations on possible concrete steps to be taken to ensure the safety of Ms Hambira, General Secretary of the General Agriculture and Plantation Workers’ Union of Zimbabwe (GAPWUZ), upon her return to the country. The Committee invited the Government to accept a high-level technical assistance mission to assess the obstacles to the rapid implementation of the recommendations of the Commission of Inquiry and the full implementation of Convention No. 87, both in law and in practice. The Committee requested that this information, as well as a detailed report from the Government, be transmitted to the Committee of Experts for examination at its next meeting this year.

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