Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Zimbabwe (Ratification: 2003)

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee recalls that the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of this Convention and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), recommended that: the relevant legislative texts be brought into line with the Convention and Convention No. 98; all anti-union practices – arrests, detentions, violence, torture, intimidation and harassment, interference and anti-union discrimination – cease with immediate effect; national institutions 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 and Reconciliation (ONHR); 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 be strengthened in recognition of its importance in the maintenance of democracy; and ILO technical assistance to the country be continued.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the information provided by the Government and the discussion that took place in the Conference Committee on the Application of Standards in June 2013.

The Committee further notes the comments made by the Zimbabwe Congress of Trade Unions (ZCTU) and International Trade Union Confederation (ITUC) on the application of the Convention in communications dated 29 and 30 August 2013, respectively.

The Committee welcomes the fact that the ILO technical assistance to support the Government and the social partners in implementing the above recommendations continued throughout 2013.

Trade union rights and civil liberties. The Committee recalls that it had previously urged the Government to provide information on the steps taken to ensure that the Zimbabwe Human Rights Commission and the ONHR would adequately contribute to the defence of trade union rights and human rights. The Committee notes with interest the statement made by the Government at the Conference Committee to the effect that the Zimbabwe Human Rights Commission Act was passed into law in October 2012, paving the way for the Commission to start its work. The Committee further notes that a workshop to familiarize the commissioners with international labour standards took place in November 2013. The Committee notes that in its report, the Government expresses the hope that the information shared on this occasion will provide orientation for the Commission to actively take part in the defence of trade union rights, and that the recommendations arising from this activity will assist in crafting a framework for the role of the Commission in the world of work. The Committee requests the Government to provide in its next report detailed information on the outcome of this activity and on the follow-up given to the abovementioned recommendations.

The Committee recalls that it had requested the Government to indicate all measures taken to ensure the safety of Ms Hambira, General Secretary of the General Agriculture and Plantation Workers’ Union of Zimbabwe (GAPWUZ), allegedly forced into exile following threats received for reporting violations of farm workers’ rights, should she decide to return to the country. The Committee notes that the Conference Committee requested the Government to discuss the proposals of the workers’ organizations on possible concrete steps to be taken in this regard. The Committee notes that in its report, the Government indicates that on 23 October 2013, it held a meeting with the ZCTU leadership to discuss this case, in which it informed the ZCTU that Ms Hambira had no case to answer and was therefore free to return and gave the union an opportunity to provide details regarding this case. The Government indicates that the dialogue with the ZCTU and the relevant authorities continues with a view to resolving this issue. The Committee hopes that the matter will be resolved without further delay and requests the Government to provide information on all developments in this regard.

The Committee further recalls that it had noted the allegations submitted by the ZCTU and ITUC relating to the instances of banning of trade union activities (workshops, commemoration events, processions and May Day celebrations) and requested the Government to provide its observations thereon. It further requested the Government to take the necessary steps to ensure that training on human rights and trade union rights for the police and security forces continued. The Committee notes the Government’s indication that, while there were isolated incidents cited by the ZCTU in organizing May Day celebrations in 2012, the issues were resolved amicably through interface with the law enforcement bodies in the affected areas without resorting to the courts. A case in point is the May Day celebrations in Kwekwe in which the ZCTU was subsequently allowed to march after the matter was drawn to the attention of the Ministry of Labour. In the Government’s view, although the incidents cannot be condoned, the successful dialogue represents a considerable turning point in the relationship between the law enforcement bodies and trade unionists. The Government reports that successful dialogue took place in August 2013 between the ZCTU and the police over a proposal by the union to conduct a march in Harare soon after elections. The Committee notes with concern the allegations submitted by the ITUC referring to incidents of obstruction of trade union activities and, in particular, the interruption of trade union activities by the police, which took place in 2013. In this respect, the Committee notes that the Government understands that there is a need for more information-sharing on international labour standards among all players in industrial relations and for continued interface to deal with issues of perception and mistrust. The Committee notes a proposed matrix of activities for the implementation of the Commission of Inquiry’s recommendations (November 2013–February 2014), which includes workshops for the law enforcement agents in four provinces of the country. The Committee hopes that these activities will be carried out as planned and requests the Government to provide information in this regard. It requests the Government to provide its observations on the ITUC allegations.

The Committee had previously requested the Government to intensify its efforts in ensuring that the Public Order and Security Act (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. In this respect, it had requested the Government to carry out, together with the social partners, a full review of the application of the POSA in practice and considered that concrete steps should be taken to enable the elaboration and promulgation of clear lines of conduct for the police and security forces with regard to human rights and trade union rights.

The Committee notes the following information provided by the Government. A draft handbook on freedom of association and civil liberties and the role of the law enforcement agencies, as well as a draft code of conduct for the state actors in the world of work, have been finalized in collaboration with the ILO. The draft handbook will be validated during the abovementioned activities. It is expected that the handbook and the code will provide guidance in the training of the law enforcement bodies with a view to improving their appreciation of international labour standards and issues of freedom of association. The Committee welcomes the draft instruments and requests the Government to provide information on further developments in respect of the validation of the handbook and the adoption of the code of conduct.

With regard to the POSA, the Committee notes the Government’s indication that while in its view, the Act has no provision that conflicts with the right to freedom of association, as had been confirmed by a High Court ruling, the Ministry of Justice is embarking on an exercise to review all pieces of legislation with a view to aligning them with the relevant provisions of the Constitution which came into effect in May 2013. The Government further points out that information-sharing sessions involving the law enforcement agencies focusing on the nexus between international labour standards and the national laws and practice have helped the law enforcement agencies to appreciate how freedom of association is exercised in the world of work and that POSA should not be invoked when dealing with trade union activities. The Committee requests the Government to provide information on further developments in the review of the Act.

The Committee recalls the Commission of Inquiry’s recommendation that steps be taken by the authorities to bring to an end all outstanding cases of trade unionists arrested under the POSA. In this respect, the Committee had requested the Government to engage with the ZCTU on this matter, to indicate how many cases involving trade unionists arrested under the POSA were still pending and to provide information on all steps taken by the authorities to bring them to an end. The Committee notes the Government’s indication that it held a meeting with the ZCTU leadership on 23 October 2013 with a view to clarifying these issues. On that occasion, the Government informed the ZCTU that the Attorney General’s Office had indicated that it was up to the ZCTU to either file papers for the cases to be heard by the Supreme Court or apply with the Court for their withdrawal, as the union has done in the past. According to the Government, the ZCTU insists that the Attorney General’s Office should be the first to act. The Government stresses, however, that it is currently engaged with the ZCTU to explore possible ways of overcoming the technical hurdles presented by the situation with a view to concluding the matter. In this respect, the Committee notes with satisfaction a Supreme Court decision dated 14 October 2013, granting a permanent stay of prosecution in one pending case on the basis that the trial had not been held within a reasonable time. The Committee encourages the Government to continue engaging with the ZCTU on this matter with a view to bringing to an end all of the remaining cases.

Labour law reform and harmonization. The Committee had previously requested the Government to provide information on all developments and progress made in revising and harmonizing the Labour Act, Public Service Act and all other relevant laws and regulations. The Committee notes the Government’s prior indication that it anticipated Parliament would enact the new labour law by the third quarter of 2013, and its subsequent indication that the inclusive Government ended before the principles for harmonization and labour law reform could be adopted by Cabinet. Accordingly, the previously set target for the adoption of a new labour law could not be met. The Government points out, however, that the new Constitution enshrines international labour standards and the principles for harmonization and thereby establishes a basis for the legislative review. The Government draws the Committee’s attention to Chapter 4 of the Constitution entitled “Declaration of Rights” and, in particular, to section 58, which provides for freedom of assembly and association, and section 65, which deals with labour rights, including the right to safe and fair labour standards; the right to form and join trade unions and employers’ organizations; the right to form and join federations of such organizations, the right to collective job action; the right to collective bargaining, etc. The Government indicates that the amendment of the labour legislation and the promulgation of the Tripartite Negotiating Forum (TNF) Act have been declared to be priority Acts for the current eighth session of the Parliament of Zimbabwe. It is against this background that a workshop with the social partners took place in November 2013 with a view to ensuring that the principles of the labour law and harmonization are aligned to the provisions of the new Constitution. The Government points out that the draft principles for harmonization and labour laws review which had been discussed under the last government took on board all the legislative comments of the Committee relating to all ratified ILO Conventions. The Committee notes with interest the above developments. It requests the Government to provide information in its next report on the progress achieved in bringing the labour and public service legislation into conformity with the new Constitution and the Convention.

The Committee welcomes the Government’s commitment, as stated in its report, to working with both the social partners and the Office in fully implementing the recommendations of the Commission of Inquiry. The Committee further welcomes the acceptance by the Government of a high-level technical assistance mission requested by the Conference Committee in June 2013, which will take place in February 2014, as suggested by the Office.

The Committee expresses the hope that the law and practice will be brought fully into line with the Convention in the very near future and requests the Government to continue to provide detailed information on all other measures taken to implement the recommendations of the Commission of Inquiry.