Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

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)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes the 2012 concluding observations of the Committee on the Elimination of Discrimination against Women that express concern over the continuing prevalence of trafficking in women and girls in the country and the lack of measures to protect victims of trafficking (CEDAW/C/ZWE/CO/2-5, paragraph 25). The Committee also notes the statement in the 2009 Global Report on Trafficking in Persons of the United Nations Office on Drugs and Crime that, due to the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during recent years. The Committee requests the Government to indicate in its next report, the provisions of the national legislation prohibiting and penalizing trafficking in persons, and to provide information on the number of investigations, prosecutions and penalties imposed. It also requests the Government to provide information on measures taken to prevent trafficking in persons and to ensure that victims of trafficking are adequately assisted and protected.

2. Legislation concerning vagrancy. In its earlier comments, the Committee referred to certain provisions of the Vagrancy Act (Cap. 10:25), under which 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, or any person who maintains himself by begging or in some other dishonest or disreputable manner (section 2(a) and (b)), is subject to being arrested by a police officer, taken before a magistrate and subsequently detained in a re-establishment centre, where such persons may be maintained and afforded the occupation, instruction or training requisite to fit them for entry into or return to employment (section 7(1)). The Committee previously noted that the provisions of the Vagrancy Act are worded in such general terms as to lend themselves to application as a means of compulsion to work and therefore requested the Government to amend the Act.

The Committee notes the Government’s indications in its report that it is currently engaged in consultations with the relevant ministers with a view to amending the Vagrancy Act in order to bring it into compliance with the Convention. The Committee hopes that these consultations will soon result in the amendment of the Vagrancy Act, e.g. by limiting the scope of its provisions to the situations where the persons concerned disturb public order and tranquillity or engage in unlawful activities, in order to ensure compliance with the Convention. Pending the adoption of such measures, the Committee requests the Government to supply information on the application of the Act in practice, including copies of the relevant court decisions.

3. Freedom of career military personnel to leave their service. Noting the Government’s indications that it is taking measures to supply a copy of the Defence (Regular Force) (Officer) Regulations, the Committee hopes that the Government will provide a copy of the requested legislation with its next report.

Article 2(2)(a). Services exacted from a person in place of service as a member of a disciplined force. The Committee previously referred to section 14(2)(c) of the Constitution of Zimbabwe and to section 4A(2)(c) of the Labour Relations Act, as amended in 2002, under which 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. Recalling that Article 2(2)(a) of the Convention exempts from its provisions only work or service exacted in virtue of compulsory military service laws, the Committee requested the Government to indicate any enactment, under which labour is required of a person in place of service as a member of any disciplined force.

The Committee notes again the Government’s indication that no such enactment has been adopted so far. It also notes the statement that consultations are currently taking place among the relevant ministries with a view to addressing this issue. The Committee requests the Government to provide information in its next report on the progress made in this regard.

Article 2(2)(c). Prison labour exacted for the benefit of private individuals. In its earlier comments, the Committee noted that section 71 of the Prisons (General) Regulations, 1996, prohibits prisoners to be employed for the private benefit of any person, except on the order of the Commissioner. It also noted the Government’s indications that no prisoners have been used for private benefit in contravention of the Convention and that steps have been taken to amend section 71 of the Prisons (General) Regulations with a view to removing the powers of the Commissioner provided for in this section.

The Committee notes the Government’s indications that discussions are ongoing with a view to establishing a rehabilitation framework for prisoners respecting ILO principles, which would provide prisoners with skills for their progressive reintegration into society. The Government reiterates that it will keep the Office informed of any developments regarding the rehabilitation framework and the amendment of section 71. The Committee therefore reiterates its hope that section 71 of the Prisons (General) Regulations will soon be amended in order to ensure compliance with the Convention and requests the Government to provide, in its next report, information on the progress made in this regard.

Article 2(2)(e). Minor communal services. The Committee earlier noted the Government’s repeated statement in its reports that participation in communal work programmes is entirely voluntary.

The Committee notes the Government’s indications that work in communal work programmes is normally in the interest of the community concerned. It concerns work such as cultivation of land in times of food scarcity for orphans, aged, disabled and vulnerable members of the community. At times, communal work concerns labour for developmental projects, such as the construction of tanks, clinics and schools and environmental reclamation activities. The Committee recalls the exception contained in Article 2(2)(e) for minor communal services, which points out that such services may be excluded from the scope of the Convention only if certain criteria are met: (i) the services must be “minor services”, i.e. relating primarily to maintenance work and, in exceptional cases, to the erection of certain buildings intended to improve the social conditions of the population of the community itself; (ii) the services must be performed in the direct interest of the community and not relate to the execution of works intended to benefit a wider group; and (iii) the members of the community itself, i.e. the community which has to perform the services, or their “direct” representative (e.g. the village council) must have the right to be consulted in regard to the need for such services (General Survey of 2007, paragraph 65).

The Committee therefore requests the Government to provide more information on the communal work programmes, including details of the duration of the work carried out and the number of persons concerned, and to indicate whether persons who evade community labour are liable to penalties. The Committee also requests the Government to indicate specific cases in which the members of the community or their direct representatives have been consulted in regard to the need for communal services.