CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Articles 1(1) and 2(1) of the Convention. 1. Legislation concerning vagrancy. For a number of years, the Committee has been referring 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 has noted the Government’s repeated indication in its reports that the Act is applied in the interests of public order and tranquillity, and that its purpose is to discourage unlawful activities by vagrants.

While noting these indications, the Committee observes, referring also to the explanations provided in paragraph 88 of its 2007 General Survey on the eradication of forced labour, that the above provisions of the Vagrancy Act are worded in such general terms as to lend themselves to application as a means of compulsion to work. The Committee therefore expresses the firm hope that measures will be taken to amend 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 again requests the Government to supply information on the application of the Act in practice, including copies of the relevant court decisions.

2. Freedom of career military personnel to leave their service. The Committee notes the Government’s explanations concerning the resignation of non-commissioned members of the military service. The Committee would appreciate it if the Government would supply, with its next report, a copy of the Defence (Regular Force) (Officer) Regulations referred to in the Government’s 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. 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 the Government’s indication that no such enactment has been adopted so far and hopes that, in its future reports, the Government will keep the Office informed of the adoption of any provisions of this kind.

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 the 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. In its latest report, the Government reiterates that it will keep the Office informed of any developments in respect of the amendment of this section. The Committee therefore hopes that section 71 referred to above will soon be amended in order to ensure compliance with the Convention and that the Government will provide, in its next report, information on the progress made in this regard.

Article 2(2)(e). Minor communal services. The Committee has noted the Government’s repeated statement in its reports that participation in communal work programmes is entirely voluntary. The Committee would appreciate it if the Government would describe such programmes in more detail, indicating, in particular, the types of work performed by the members of the community.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It  hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 1. Legislation concerning vagrancy. The Committee previously noted that, in accordance with the Vagrancy Act (Cap. 10:25), 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. It also noted that, in such re-establishment centres, persons arrested as vagrants 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 has noted the Government’s repeated indication in its reports that no penalties are imposed under the Act upon those who do not seek employment. It also notes the Government’s indication in its latest report that vagrants that are arrested under the Act are not merely persons who habitually refuse to work, but those who “disturb public order and tranquillity”, and it is therefore appropriate to temporarily limit such persons’ right to freedom and place them in re-establishment centres for rehabilitation purposes.

While noting these indications, and referring also to the explanations provided in paragraph 88 of its General Survey of 2007 on the eradication of forced labour, the Committee reiterates its hope that measures will be taken to amend 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 again requests the Government to supply information on the application of the Act in practice, including copies of any court decisions defining or illustrating the scope of its provisions.

2. Freedom of career military personnel to leave their service. With regard to restrictions on the resignation of members of the military service, the Committee previously referred to 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 noted the Government’s indication in its 2005 report 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 noted that, under section 19(2) of the Defence (Regular Force) (Non-Commissioned Members) Regulations 1989, any member may, with the consent of the commander, resign during his period of engagement with three months notice in writing and upon the payment of any financial liabilities owed to the State.

Since the Government’s latest report contains no new information on this issue, the Committee again requests the Government 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, including any internal guidelines or orders. The Committee also requests the Government to supply a copy of the Defence (Regular Force) (Officer) Regulations, to which reference was made in the Government’s previous report.

Article 2, paragraph 2(a). Services exacted from a person in place of service as a member of a disciplined force. In its earlier comments, the Committee 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. Recalling that Article 2(2)(a) of the Convention exempts from its provisions “any work or service exacted in virtue of compulsory military service laws for work of a purely military character”, the Committee again requests the Government to clarify whether, by virtue of any enactment, any labour is required of a person in place of service as a member of any disciplined force, and to supply a copy of such enactment.

Noting also the Government’s indication in its report that all service required of members of the armed forces is in line with the regulations adopted under the Defence Act, which ensure that services exacted for military purposes are used for purely military ends, the Committee also asks the Government to indicate regulations which provide such guarantees and to provide a copy of such regulations with its next report.

Article 2, paragraph 2(c). 1. Prison labour exacted for the benefit of private individuals. In its earlier comments, the Committee referred to section 71 of the Prisons (General) Regulations 1996, which prohibits prisoners to be employed for the private benefit of any person, except on the order of the Commissioner. It also noted the allegations of the Zimbabwe Congress of Trade Unions (ZCTU) concerning the use of prison labour for work on private farms and for building houses under the project “Operation Garikai”.

The Committee notes that, in its latest report, the Government has denied the allegations by the ZCTU as unfounded and confirmed its previous indication that no prisoners are used for the private benefit in contravention of the Convention. As regards the Government’s earlier indications concerning the steps taken to amend section 71 of the Prisons (General) Regulations, with a view to removing the powers of the Prison Commissioner provided for in this section, the Committee notes the Government’s statement that consultations are still going on as regards the need to amend it.

The Committee hopes that section 71 will soon be amended in order to ensure compliance with the Convention on this point and looks forward to receiving information on the developments in this regard.

2. Labour required of detained persons. As regards the provisions of section 4A(2)(b)(ii) of the Labour Relations Act, as amended by the Labour Relations Amendment Act 2002, which allows the exaction of labour from lawfully detained persons, if it is “permitted in terms of any other enactment”, in the absence of the sentence of a court and besides the labour performed in the interests of hygiene or for the maintenance of the place at which such persons are detained, the Committee previously noted the Government’s indication that there were no laws for the exaction of compulsory labour from detainees. The Committee also notes the Government’s statement in its latest report that it is not aware of any violations of the Convention in this respect and hopes that, in its future reports, the Government will keep the ILO informed of the adoption of any enactment referred to in section 4A(2)(b)(ii) and will communicate a copy for the examination by the Committee.

Article 2, paragraph 2(e). Minor communal services. With regard to the exaction of minor communal services, the Committee previously noted the Government’s indication in its report that communities identify development needs in their area and then mobilize themselves to undertake the work through the Village or Ward Development Councils. The Government states in its latest report that communal works are based on voluntary participation and on custom rather than legislative provisions, and that representatives of the community are always consulted.

The Committee would appreciate it if the Government would describe in more detail the organization of community works through the Village and Ward Development Councils and 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.

CMNT_TITLE

Articles 1(1) and 2(1) of the Convention. 1. Legislation concerning vagrancy. The Committee previously noted that, in accordance with the Vagrancy Act (Cap. 10:25), 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. It also noted that, in such re-establishment centres, persons arrested as vagrants 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 has noted the Government’s repeated indication in its reports that no penalties are imposed under the Act upon those who do not seek employment. It also notes the Government’s indication in its latest report that vagrants that are arrested under the Act are not merely persons who habitually refuse to work, but those who “disturb public order and tranquillity”, and it is therefore appropriate to temporarily limit such persons’ right to freedom and place them in re-establishment centres for rehabilitation purposes.

While noting these indications, and referring also to the explanations provided in paragraph 88 of its General Survey of 2007 on the eradication of forced labour, the Committee reiterates its hope that measures will be taken to amend 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 again requests the Government to supply information on the application of the Act in practice, including copies of any court decisions defining or illustrating the scope of its provisions.

2. Freedom of career military personnel to leave their service. With regard to restrictions on the resignation of members of the military service, the Committee previously referred to 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 noted the Government’s indication in its 2005 report 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 noted that, under section 19(2) of the Defence (Regular Force) (Non-Commissioned Members) Regulations 1989, any member may, with the consent of the commander, resign during his period of engagement with three months notice in writing and upon the payment of any financial liabilities owed to the State.

Since the Government’s latest report contains no new information on this issue, the Committee again requests the Government 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, including any internal guidelines or orders. The Committee also requests the Government to supply a copy of the Defence (Regular Force) (Officer) Regulations, to which reference was made in the Government’s previous report.

Article 2(2)(a). Services exacted from a person in place of service as a member of a disciplined force. In its earlier comments, the Committee 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. Recalling that Article 2(2)(a) of the Convention exempts from its provisions “any work or service exacted in virtue of compulsory military service laws for work of a purely military character”, the Committee again requests the Government to clarify whether, by virtue of any enactment, any labour is required of a person in place of service as a member of any disciplined force, and to supply a copy of such enactment.

Noting also the Government’s indication in its report that all service required of members of the armed forces is in line with the regulations adopted under the Defence Act, which ensure that services exacted for military purposes are used for purely military ends, the Committee also asks the Government to indicate regulations which provide such guarantees and to provide a copy of such regulations with its next report.

Article 2(2)(c). 1. Prison labour exacted for the benefit of private individuals. In its earlier comments, the Committee referred to section 71 of the Prisons (General) Regulations 1996, which prohibits prisoners to be employed for the private benefit of any person, except on the order of the Commissioner. It also noted the allegations of the Zimbabwe Congress of Trade Unions (ZCTU) concerning the use of prison labour for work on private farms and for building houses under the project “Operation Garikai”.

The Committee notes that, in its latest report, the Government has denied the allegations by the ZCTU as unfounded and confirmed its previous indication that no prisoners are used for the private benefit in contravention of the Convention. As regards the Government’s earlier indications concerning the steps taken to amend section 71 of the Prisons (General) Regulations, with a view to removing the powers of the Prison Commissioner provided for in this section, the Committee notes the Government’s statement that consultations are still going on as regards the need to amend it.

The Committee hopes that section 71 will soon be amended in order to ensure compliance with the Convention on this point and looks forward to receiving information on the developments in this regard.

2. Labour required of detained persons. As regards the provisions of section 4A(2)(b)(ii) of the Labour Relations Act, as amended by the Labour Relations Amendment Act 2002, which allows the exaction of labour from lawfully detained persons, if it is “permitted in terms of any other enactment”, in the absence of the sentence of a court and besides the labour performed in the interests of hygiene or for the maintenance of the place at which such persons are detained, the Committee previously noted the Government’s indication that there were no laws for the exaction of compulsory labour from detainees. The Committee also notes the Government’s statement in its latest report that it is not aware of any violations of the Convention in this respect and hopes that, in its future reports, the Government will keep the ILO informed of the adoption of any enactment referred to in section 4A(2)(b)(ii) and will communicate a copy for the examination by the Committee.

Article 2(2)(e). Minor communal services. With regard to the exaction of minor communal services, the Committee previously noted the Government’s indication in its report that communities identify development needs in their area and then mobilize themselves to undertake the work through the Village or Ward Development Councils. The Government states in its latest report that communal works are based on voluntary participation and on custom rather than legislative provisions, and that representatives of the community are always consulted.

The Committee would appreciate it if the Government would describe in more detail the organization of community works through the Village and Ward Development Councils and 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.

CMNT_TITLE

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.

CMNT_TITLE

The Committee has noted the information provided by the Government in reply to its previous direct request. It has also noted with interest the adoption of the Labour Relations Amendment Act, 2002, which contains a provision inserted as new section 4A of the Labour Relations Act (Cap. 28:01) prohibiting the exaction of forced labour and punishing the contravention of this prohibition with a fine or imprisonment.

Articles 1(1) and 2(1) of the Convention. The Committee has noted the Government’s indications concerning the application of the Vagrancy Act (Cap. 10:25), as well as the Government’s statement that no penalties are imposed for those who do not seek employment. The Committee would appreciate it if the Government would provide information on the application of the above Act in practice, including copies of any court decisions defining or illustrating its scope.

The Committee has noted the Government’s statement in the report that, in accordance with the Defence Act and regulations made under it, as well as some standing orders and rules, military officers and other career military servicemen have the right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. The Committee has noted, however, the provision of section 17(1) of the Defence Act (Cap. 11:02), under which an officer may, in writing, tender the resignation of his commission to the Commander but shall not, unless otherwise ordered by the Minister, be relieved of the duties of his appointment until he has received notification in writing that his resignation has been accepted by the President. Under section 18(1) of the same Act, an officer shall hold his commission during the pleasure of the President. The Committee requests the Government to provide information on the application of the above sections of the Defence Act in practice, indicating in particular the criteria applied by the President in accepting or rejecting a resignation of an officer. Please supply copies of the regulations, standing orders and rules issued under the Defence Act, to which reference has been made in the report. Please also indicate any provisions governing the resignation of career military servicemen other than officers.

Article 2(2)(a). 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. It again requests the Government to supply a copy of the law governing the exaction of labour required in place of service in a disciplined force referred to in the above sections of the Constitution and the Labour Relations Act.

Please indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(c). The Committee previously noted that, under section 71 of the Prisons (General) Regulations, 1996, no prisoner shall be employed for the private benefit of any person, except on the order of the Commissioner. 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 indicates in its reply that no prisoners are used for the private benefit in contravention of the Convention; however, the process to amend section 71 is under way, with a view to removing the powers of the Prison Commissioner referred to in this section. The Committee hopes that the Government will continue to supply, in its future reports, information on the developments in this regard and requests the Government to communicate a copy of the amendment, as soon as it is adopted.

The Committee has noted that, under Section 4A(2)(b)(ii) of 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 is lawfully detained which, though not required in consequence of the sentence or order of a court, is permitted in terms of any other enactment. The Committee recalls 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. It refers to the explanations in paragraphs 90 and 94 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that persons awaiting trial or detained without trial should not be obliged to perform labour (as distinct from certain limited obligations intended merely to ensure cleanliness), and that compulsory labour imposed by administrative or other non-judicial bodies or authorities is not compatible with the Convention. The Committee requests the Government to supply a copy of any enactment referred to in the above 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.

Article 2(2)(e). The Committee has noted the Government’s indications in its report concerning the exaction of minor communal services. The Government states that local leaders do engage in consultation with the members of the community. The Committee would appreciate it if the Government would indicate the manner in which the members of the community or their direct representatives are consulted in regard to the need for such services.

CMNT_TITLE

The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the following legislation: the Criminal Law Amendment Act; the Military, Air and Naval Forces Acts, as well as other Acts governing disciplined forces; the Emergency Powers Act and any other provisions concerning a state of emergency. The Committee also requests the Government to provide additional information on the following points.

Articles 1(1) and 2(1) of the Convention. 1. The Committee has noted that, under the Vagrancy Act (Cap. 10:25), any person who has no settled or fixed place of abode or means of support and who wanders from place to place, is considered a vagrant and may be arrested by a police officer without warrant and taken before a magistrate, and subsequently detained in a re-establishment centre, in consequence of the magistrate’s order (sections 2, 3, 7 and 8 of the Act). The Committee refers to paragraphs 45 to 48 of its 1979 General Survey 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 therefore requests the Government to provide information on the application of the abovementioned provisions in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain whether these provisions are applied in a manner compatible with the Convention.

2. The Committee has noted that section 14(2)(d) of the Constitution of Zimbabwe excludes from the definition of "forced labour" any labour required by way of "parental discipline", which, according to section 26(1) of the Constitution, includes school or other "quasi-parental discipline". The Committee requests the Government to clarify the meaning of "other quasi-parental discipline" and to describe what kind of labour may be exacted under this exception.

Article 2(2)(a). 3. The Committee has 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. It requests the Government to indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. Please also supply a copy of the law governing the exaction of labour required in place of service in a disciplined force referred to in the above section of the Constitution. Please indicate any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). 4. The Committee has noted from section 14(2)(a) of the Constitution that the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee requests the Government to clarify the meaning and the scope of an "order of a court" (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

5. The Committee has noted from section 76 of the Prisons Act (Cap. 7:11) that prisoners may be kept to labour within or outside the precincts of any prison and in any employment that may be approved by the Minister. It has also noted that, under section 71 of the Prisons (General) Regulations, 1996, no prisoner shall be employed for the private benefit of any person, except on the order of the Commissioner. The Committee requests 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.

Article 2(2)(e). 6. The Committee has noted the Government’s indication in its 2002 report that minor communal services are applicable in the Zimbabwean community. Please describe such services, indicating, in particular, the manner in which the members of the community or their direct representatives are consulted in regard to the need for such services, and supply copies of relevant provisions.

Article 25. 7. The Committee has noted the Government’s indication in its first report that the exaction of forced labour is a criminal offence punishable with criminal sanctions. Please indicate the relevant penal provisions and supply copies thereof, as well as information on their application in practice.

8. The Committee has also noted that Clause 5 of the Labour Relations Amendment Bill, 1999, contains a provision to be inserted as new section 4A of the Labour Relations Act (Cap. 28:01) which seeks to prohibit forced labour and to punish the contravention of this prohibition with a fine or imprisonment. Please indicate whether the above Bill has been adopted, and if so, supply a copy of the new Act.