Effect given to the recommendations of the committee and the Governing Body - REPORT_NO333, March 2004

Effect given to the recommendations of the Committee and the Governing Body

1. 171. The Committee last examined these cases at its November 2003 session. It requested the Government to amend the Labour Relations Amendment Act No. 17/2002 to ensure that industrial action may be taken in respect of questions of economic and social policy without sanctions and to guarantee that no imprisonment sanctions are taken in case of peaceful strikes and that the sanctions are proportionate to the seriousness of the infringements. The Committee further expressed its deep concern with regard to the Government’s refusal to conduct an independent investigation with the aim of identifying and punishing the guilty parties of the assault on the trade union leader, Mr. Morgan Tsavangirai. Finally, it requested the Government to take the necessary measures to conduct an inquiry in order to identify the perpetrators of the arson of the ZCTU offices and to keep it informed of the measures taken in this regard as well as the results of the investigation.
2. 172. In a communication dated 14 January 2004, the Government states that the legislative amendments brought by the Labour Relations Amendment Act No. 17/2002 are sufficient to address the concerns of the Committee. Concerning the assault on the trade union leader, Mr. Morgan Tsavangirai, the Government states that, instituting a judiciary inquiry over the assault of the former General Secretary of ZCTU is uncalled for as much as it would set a wrong precedent. It further states that it considers that the courts have competently handled the matter and that the onus is upon the complainant to seek redress through the available national procedures, if ever he was not satisfied by the court’s decision. The Government indicates that Mr. Tsavangirai could file a civil action should he be able to identify the perpetrator. Finally, concerning the arson of the ZCTU offices, the police are still investigating the matter and have since opened a docket. However, so far, nobody has been identified as the perpetrator.
3. 173. The Committee takes note of the Government’s reply.
4. 174. The Committee notes the Government’s recent ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and trusts that it will make every effort to ensure that its legislation is brought into full conformity with the provisions of the Convention. The Committee therefore urges the Government to amend the Labour Relations Amendment Act No. 17/2002 to ensure that industrial action may be taken in respect of questions of economic and social policy, without sanctions and to guarantee that no imprisonment sanctions are taken in case of peaceful strikes and that the sanctions are proportionate to the seriousness of any infringements. It draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to this aspect of the case.
5. 175. Concerning the assault on the trade union leader, Mr. Morgan Tsavangirai, the Committee is deeply concerned about the lack of cooperation of the Government in this matter and deplores its persistent refusal to conduct an independent investigation. It recalls once again that the absence of judgements against the guilty parties creates a situation of impunity, which reinforces the climate of violence [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, op. cit., para. 55]. Such climate aimed at trade union leaders and their families is not favourable to the free exercise of trade union rights and all States have the duty to guarantee their respect [see Digest, op. cit., paras. 55 and 61]. The Committee reiterates its previous conclusion, urges the Government to ensure that an independent investigation is fully carried to its term with the aim of identifying and punishing the guilty parties and requests to be kept informed of the measures taken in this regard as well as the results of the investigation.
6. 176. Concerning the investigation into the arson of the ZCTU offices, the Committee takes note of the information of the Government. It reiterates its previous conclusion and requests to be kept informed of any development in this respect.