Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2019 and 29 September 2020, respectively.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. In its previous comments, the Committee noted the enactment of the Trafficking in Persons Act, 2014, which provides for a penalty of life imprisonment or any definite period of imprisonment of not less than ten years for offences related to the trafficking of persons (section 3(2) Parts I and II). The Committee requested the Government to provide information on the application in practice of the Trafficking in Persons Act, 2014.

The Committee notes the Government’s information in its report that between 2016 and 2018, the police received and dealt with 72 cases of trafficking in persons, of which 71 cases involved female victims trafficked for domestic servitude in Kuwait and the Middle East. Twenty four persons were arrested and the cases are at various levels of prosecution. The Committee also notes from the second national Plan of Action on human trafficking (NAPLAC) 2019–2021 that, as part of capacity-building for law enforcement officials, modules on trafficking in persons are included in police training. This covers the Trafficking in Persons Act, investigations of cases related to trafficking in persons and public awareness-raising. Capacity-building workshops were conducted for members of the judiciary on adjudication and trials of trafficking in persons cases which were attended by 20 provincial heads of prosecutions and ten provincial heads of magistracy. The Committee requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Act and to provide information on the convictions and penalties applied. It also requests the Government to continue to provide information on the number of cases of trafficking for both sexual and labour exploitation that have been detected and investigated by the competent authorities.

2. Programme of action. Protection of victims. In its previous comments, the Committee requested the Government to provide information on the measures taken within the framework of the NAPLAC 2016–2018, as well as the results achieved in this regard.

The Committee notes the ZCTU’s observation that there is still a lack of awareness of the issue of trafficking in persons, as well as limited policies and programmes in place to assist and protect victims of trafficking.

The Committee notes the Government’s information on the activities undertaken within the framework of the NAPLAC 2016–2018. This includes: (i) awareness-raising campaigns conducted in Harare and Bulawayo to sensitize the public on the Trafficking in Persons Act and trafficking-related offences; (ii) distribution of information materials containing messages against trafficking; (iii) commemoration of the World Day against trafficking in persons and awareness-raising of various forms of trafficking; and (iv) establishment of a referral system to ensure assistance and protection of victims of trafficking. The Government also indicates that the reintegration assistance provided to repatriated victims and other victims of trafficking include shelter; medical, educational, psychosocial and legal support; academic training, skills-acquisition and livelihood programmes; financial support to start income-generating projects; and for those with children of school age, assistance under the various Government scholarships, such as the basic education assistance module (BEAM).

The Committee further notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that a shelter for the victims of trafficking was refurbished at Harare hospital. A total of 100 female victims of trafficking were provided reintegration assistance, including support to start income-generating projects, as well as academic and skills-acquisition training. The Committee lastly notes that the NAPLAC has been updated based on the key findings, lessons learned and recommendations of the evaluation for the previous NAPLAC, which will guide the national response to trafficking in persons for the period from 2019-2021. The Committee requests the Government to pursue its efforts to combat trafficking in persons and to provide information on the measures taken on the prevention, protection, assistance and repatriation of trafficking victims, including within the framework of the NAPLAC 2019–2021.

Articles 1(1) and 2(1). 1. Legislation concerning vagrancy. In its previous comments, the Committee drew the Government’s attention 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)). It noted that the provisions of the Vagrancy Act are worded in such general terms as to lend themselves to application as a means of indirect compulsion to work. The Committee noted the Government’s indication that the Vagrancy Act would be amended in order to bring it into compliance with the Convention.

The Committee notes the observations of the ZCTU that the Vagrancy Act remains the same and that no progress has been made in this regard.

The Committee notes the Government’s information that the alignment of various pieces of legislation with the Constitution is ongoing and that the Vagrancy Act is one of the Acts that has been earmarked for alignment. The Committee firmly hopes that the Government will take the necessary measures, without delay, to ensure that in the context of the alignment of its legislation with the Constitution, the Vagrancy Act will be amended, so that its provisions will be limited to the situations where the persons concerned disturb public order or tranquillity or engage in unlawful activities.

The Committee is raising other matters in a request addressed directly to the Government.