Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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

1. The Committee notes the communication of the International Confederation of Free Trade Unions (ICFTU) dated 6 September 2005, in which it transmitted to the Office comments by the Zimbabwe Congress of Trade Unions (ZCTU) on the application of the Convention. The Committee notes that the ICFTU communication was forwarded to the Government on 20 October 2005 for any comments it might wish to make on the matters raised therein. The Committee hopes that in its next report the Government will address the comments provided by the ICFTU and the ZCTU.

2. Articles 1(1) and 2(1) of the Convention. Vagrancy. With regard to the Vagrancy Act (Cap. 10:25), the Committee has previously noted the Government’s indication that under the Act no penalties are imposed upon those who do not seek employment. The Committee notes that in its latest report the Government indicates that, in accordance with the Act, any person suspected of being a vagrant, defined as any person who has no settled or fixed place of abode or means of support and who wanders from place to place (section 2), is subject to being arrested by a police officer, taken before a magistrate, and subsequently detained in a re-establishment centre pursuant to an order of the magistrate. The Committee notes that the Act provides for re-establishment centres, clarifying the intention to provide for centres, where persons arrested as vagrants may be detained and be maintained and afforded the occupation, instruction, or training requisite to fit them for entry into or return to employment (section 7(1)), and it also notes the Government’s indication in its report that the aim of the Act is to deal with vagrants as they may be placed under re-establishment centres for rehabilitation purposes.

The Committee refers once again to paragraphs 45-48 of its General Survey of 1979 on the abolition of forced labour, in which it has considered that provisions relating to vagrancy and similar offences that were intended to protect society against disturbances of public order and tranquillity by persons who not only habitually refuse to work but are also without any legal means of subsistence are compatible with the Convention, but penalties imposed or liable to be imposed on those who merely refuse to take an employment are contrary to the Convention, which prohibits recourse to the menace of any penalty as a means of compulsion to work. The Committee hopes that the Government will take measures to ensure conformity of the Vagrancy Act with the Convention, and that in the meantime it supply information concerning the application of the Act in practice, including copies of any court decisions defining or illustrating the scope of its provisions.

3. Freedom of career military personnel to leave their service. With regard to restrictions on the resignation of members of the military service, the Committee has previously noted section 17(1) of the Defence Act (Cap. 11:02), under which the resignation of an officer must, unless otherwise ordered by the Minister of Defence, be accepted by the President, and section 18(1) of the same Act, under which an officer holds his or her commission during the pleasure of the President. The Committee notes that in its latest report the Government indicates that the criteria applied by the President for accepting or rejecting the resignation of officers under section 17 of the Defence Act are governed by section 14(2) of the Defence (Regular Force) (Officer) Regulations, and that a notice of resignation can only be invalidated if made when an officer is preparing for deployment or is on leave, or if his or her unit is under inquiry. With regard to the resignation of non-commissioned members of the military service, the Committee notes that under section 19(2) of the Defence (Regular Force) (Non-Commissioned Members) Regulations, 1989, any member may, with the consent of his or her commander, resign during his or her period of engagement with three months notice in writing and upon the payment of any financial liabilities owed to the State. The Committee asks that the Government to provide information, including any internal guidelines or orders, to clarify the criteria that govern the granting of the consent by commanding officers required for the resignation of non-commissioned members of the military service. The Committee also requests the Government to supply a copy of the Defence (Regular Force) (Officer) Regulations, as well as copies of standing orders and rules issued under the Defence Act, to which reference was made by the Government in its previous report.

4. Article 2(2)(a). Services exacted from members of a disciplined force or service. The Committee previously noted that, under section 14(2)(c) of the Constitution of Zimbabwe, the expression "forced labour" does not include any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any person by virtue of a written law in place of service as a member of such force. The Committee has also noted that section 4A(2)(c) of the Labour Relations Act, as amended by the Labour Relations Amendment Act, 2002, contains a similar provision. The Committee notes the Government’s indication in its latest report that all service required of members of the disciplined forces is in line with provisions of the Defence Act and accompanying regulations. It asks once again that the Government clarify whether, by virtue of any enactment any labour is required of any person in place of service as a member of any disciplined force or service, and to supply a copy of such enactment. The Committee also once again asks the Government to indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

5. Article 2(2)(c). Prison labour exacted for the benefit of private individuals. The Committee has previously noted the Prisons (General) Regulations, 1996, which provide that no prisoner shall be employed for the private benefit of any person, except on the order of the Commissioner (section 71). In its previous comments the Committee requested the Government to clarify the scope of this provision, indicating in what circumstances the employment of prisoners for the benefit of private persons may be allowed by the Commissioner and supplying information on its application in practice. The Government indicated in its reply that no prisoners are used for the private benefit in contravention of the Convention; however, the process to amend section 71 was under way, with a view to removing the powers of the Prison Commissioner referred to in this section. The Committee notes that in its communication dated September 2005, the Zimbabwe Congress of Trade Unions indicates that in practice government officials who acquired farms from 2002 to date are hiring prison labour to work on their farms, and that the unplanned government project "Operation Garikai", which preceded "Operation Restore Order" is also using prison labour to build houses, which will later be sold by local authorities to homeless citizens, and that this has involved an element of profit-making because the local authorities would have built the houses at zero labour cost. The Committee notes that in its latest report, the Government indicates that the process of amending section 71 of the Prisons (General) Regulations, 1996, has still not been formalized, and that the Government will notify the Committee as soon as the amendments are adopted. The Committee looks forward to receiving information on the developments in this regard. It hopes that in its next report the Government provides comments on the matters raised by the Zimbabwe Congress of Trade Unions, as noted above.

6. Labour required of detained persons. The Committee has noted that, under the Labour Relations Act, as amended by the Labour Relations Amendment Act, 2002, the expression "forced labour" does not include labour required of any person while he or she is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained (section 4A(2)(b)(i)) or is permitted in terms of any other enactment (section 4A(2)(b)(ii)). The Committee notes that in its communication dated September 2005, the Zimbabwe Congress of Trade Unions observes that section 4A(2)(b)(i) is subject to abuse by authorities like the police, and that the term "lawful detention" is subjective, in that the police may term it lawful while the accused person may term it unlawful.

7. Recalling that, according to Article 2(2)(c) of the Convention, work can only be exacted from a person as a consequence of a conviction in a court of law, and referring to the explanations in paragraphs 90 and 94 of its General Survey of 1979 on the abolition of forced labour, the Committee previously requested the Government to supply a copy of any enactment referred to in section 4A(2)(b)(ii), under which the exaction of compulsory labour from detainees may be required, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point. The Committee notes the Government’s indication in its latest report that there is currently no law for the exaction of compulsory labour from detainees, and that should there be a need to develop such a law it will be done in consultation with the ILO so to ensure conformity with the Convention. The Committee hopes that in its next report the Government will reply to the comments by the Zimbabwe Congress of Trade Unions on this point as noted above.

8. Article 2(2)(e). Minor communal services. With regard to the exaction of minor communal services, the Committee previously noted the Government’s indication that local leaders engage in consultation with the members of their communities. The Committee requested the Government to indicate the manner in which members of the community or their direct representatives are consulted in regard to the need for such services. The Committee notes that in its latest report the Government indicates that minor community services are community-driven, and that communities identify development needs in their area and then mobilize themselves to undertake the work through the Village or Ward Development Councils. According to the Government, in some cases they mobilize themselves to till lands to provide food security to vulnerable members of the society such as orphans, the elderly and the disabled in times of food shortages.

9. The Committee recalls in this connection that Article 2(2)(e) exempts from the provisions of the Convention "minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community can therefore be considered as normal civic obligations incumbent upon the members of the community". Referring to paragraph 37 of the General Survey of 1979 on the abolition of forced labour, the Committee draws the Government’s attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory labour. These criteria are as follows: (1) the services must be "minor services", i.e. relate primarily to maintenance work; (2) the services must be "communal services" performed "in the direct interest of the community", and not related to the execution of works intended to benefit a wider group; (3) the members of the community or their direct representatives must "have the right to be consulted in regard to the need for such services". The Committee asks the Government to supply detailed information concerning how community works are undertaken through the Village and Ward Development Councils as well as the text of any relevant provisions, and that it also provide further information concerning the process of consultation of community members or their representatives by community leaders in regard to the need for such works.