Effect given to the recommendations of the committee and the Governing Body - REPORT_NO326, November 2001

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

1. 174. The Committee last examined this case at its March 2000 session and on that occasion requested the Government to: (1) take the necessary measures for a complete independent judicial inquiry to be carried out into the assault on Morgan Tsvangirai in order to determine those responsible and punish the guilty parties; (2) take the necessary measures to institute an independent investigation into the arson of the ZCTU offices; (3) provide a copy of the High Court judgement concerning the case brought by the CZTU concerning the temporary ban on industrial action issued in November 1998; (4) to keep it informed of the status of the Labour Relations Amendment Bill of 1999.
2. 175. In its communication dated 30 August 2001, the Government indicates that concerning the case of Mr. Tsvangirai, the alleged assailant was brought before the courts of law and the magistrate acquitted the alleged assailant on the grounds of lack of adequate evidence to sustain the prosecution and conviction. Given the manner in which the assault was perpetrated, the Government had difficulty in establishing a judiciary inquiry as common assaults are not unusual in urban areas. The Government states that the courts are competent enough to deal with the issues of common assault and hence stand by the court’s judgment which has already been communicated to the ILO.
3. 176. The Committee takes note of this information. Concerning the case of Mr. Tsvangirai, while noting the Government’s position, the Committee must recall that the rights of workers’ and employees’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of the organizations, and it is for governments to ensure that this principle is respected. Moreover, a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty and the Government has the undeniable duty to promote and defend a social climate where respect of the law reigns as the only way of guaranteeing respect for and protection of individuals. The Committee requests the Government to establish a thorough and independent inquiry into this matter. With regard to the other issues concerning this case, the Committee regrets that the Government has not provided any information and requests it to keep it informed on all the pending issues related to this case.