Report in which the committee requests to be kept informed of development - REPORT_NO343, November 2006

1149. The Committee last examined this case at its June 2004 meeting, where it presented an interim report to the Governing Body [see 334th Report, paras. 1090-1121, approved by the Governing Body at its 290th Session].

1. 1150. The International Confederation of Free Trade Unions (ICFTU) submitted additional information in support of its allegations in a communication dated 2 November 2005.
2. 1151. As a consequence of the lack of a response on the part of the Government, at its June 2006 meeting [see 342nd Report, para. 10, approved by the Governing Body at its 296th Session] the Committee launched an urgent appeal and drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of this case even if the observations or information from the Government have not been received in due time. To date, the Government has not sent its observations.
3. 1152. Zimbabwe has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 1153. At its June 2004 meeting the Committee made the following recommendations in relation to this case [see 334th Report, para. 1121]:
2. (a) The Committee once again strongly urges the Government not to resort to measures of arrest and detention of trade union leaders or members for reasons connected to their legitimate trade union activities.
3. (b) The Committee once again strongly urges the government not to interfere in the ZCTU’s legitimate trade union activities, including the holding of workshops and seminars.
4. (c) The Committee requests the complainant organization to provide additional information on the circumstances of the arrest and detention of Messrs. S. Khumalo and P. Munyukwi, and on the number and circumstances of arrests made during the October 2003 events, including particulars about the four trade unionists allegedly injured by police, during the November 2003 events.
5. B. Additional information submitted
6. by the complainant
7. 1154. In its communication of 2 November 2005, the ICFTU provided detailed information, compiled by the Zimbabwe Congress of Trade Unions (ZCTU), in support of its allegations. With respect to Mr. Khumalo, the provincial chairperson for the western region of the Communications and Allied Services Workers’ Union of Zimbabwe and the councillor in the Western Region Committee of the ZCTU, the documents submitted include an affidavit prepared by Mr. Khumalo, in which he describes the events of 8 October 2003. On that date, Mr. Khumalo took part in a demonstration organized by the ZCTU against high taxation, high living costs, transport problems, cash shortages and violations of human and trade union rights. The demonstration took place in front of the Mhlahlandlela government complex, which houses the Governor’s Office. However, 15 minutes after arriving Mr. Khumalo and other demonstrators were cleared off the premises; they then waited on the western side of the complex, anticipating the arrival of other workers. Mr. Khumalo and the others decided to leave upon learning that the police were beating people in another part of town, and were followed by police riding in a Defender truck. When the truck reached the group of demonstrators, the police descended and began to hit the demonstrators with batons. Mr. Khumalo was struck several times by a baton, causing blood to flow from his forehead. He was then dragged by his dreadlocks for a kilometre to the police station, where he was again beaten and had his dreadlocks shorn off with broken bottles. At this time, a police truck arrived bearing one of Mr. Khumalo’s colleagues. He was made to lie down, assaulted, and forced to disclose the names of others who had participated in the demonstration, after which he and Mr. Khumalo were thrown back into the vehicle and driven around as the police searched for the individuals identified by Mr. Khumalo’s colleague. One of them was found by the Tel-One office; he was beaten all over, then bundled into the vehicle. The protesters were driven out of town, and ordered to blindfold themselves. Mr. Khumalo did so in such a manner as to allow him to see through the blindfold. They were driven into the bush, then disembarked and were ordered to march. They were then ordered to lie flat on their stomachs and subsequently beaten. After the beating, they were forced to sing ZANU-PF songs, and it was while singing that Mr. Khumalo realized that the police had left. They then walked to the main road and telephoned a colleague, who arranged to pick them up. They were taken to the company clinic, then the central hospital since the nurse at the clinic felt that Mr. Khumalo’s head injuries required urgent attention. Afterwards, Mr. Khumalo filed a report with the police, but so far nothing has been done; the police claim to still be investigating his complaint. In his complaint, Mr. Khumalo provided the licence number of the truck used, and the names of two police officers who had orchestrated the beatings. He also identified the colleagues who were with him as Utile Dengu and Runesu Mandinyenya. Mr. Khumalo’s complaint is filed as IR 2601/04 and CR 497/2/04, and was made at the Bulawayo central police station.
8. 1155. Several documents are attached in support of Mr. Khumalo’s affidavit. The said documents include copies of hospital reports, indicating that Messrs. Dengu and Mandinyenya had suffered injuries consistent with being beaten by a blunt object; a copy of a signed affidavit by Mr. Musilwa, a medical practitioner who attested to the fact that he had treated Mr. Khumalo on 8 October 2003 and observed blood and lacerations on Mr. Khumalo’s forehead, as well as multiple bruises all over Mr. Khumalo’s body; and a detailed medical report of Mr. Khumalo’s injuries. Copies of medical reports documenting the injuries received by Messrs. Dengu and Mandinyenya are also included in the complainant’s submissions.
9. 1156. The documents submitted by the complainant also include an affidavit by Mr. Munyukwi, the ZCTU regional chairperson for Midlands. According to his affidavit, Mr. Munyukwi, who was to be part of the workers’ gathering on 8 October 2003 against high taxes, which had been dispersed by the police, was walking along Robert Mugabe Way when he was arrested by two police officers and ordered to follow them to the Civic Centre. At the Civic Centre, an assistant inspector began to poke Mr. Munyukwi, shouted “It’s you who wants to rule us” at him, then proceeded to beat him with two batons. The inspector then ordered Mr. Munyukwi to sit down, but he refused, demanding to know what offence he had committed. The inspector proceeded to beat him again; four other police officers joined in the beating. When Mr. Munyukwi tried to run he was grabbed, handcuffed with his hands behind his back, and forced to lie on the ground. He was then assaulted all over his body with batons. A crowd gathered around the scene of the beating, but the officers continued to beat Mr. Munyukwi and did not stop until the arrival of officer-in-charge, Inspector Zhou. Inspector Zhou spoke to the assistant inspector who had beaten Mr. Munyukwi, then drove Mr. Munyukwi to the central police station, where he was handed over to the CID law and order section, in particular to Detective Mapingiro and Detective Sergeant Masango. Mr. Munyukwi was released at 3.30 p.m. to seek medical attention. The complainant also submits several documents in support of Mr. Munyukwi’s affidavit, including: copies of medical reports indicating that Mr. Munyukwi had received extensive injuries caused by blunt trauma; a copy of a photograph displaying the bruised backside of Mr. Munyukwi; and copies of a letter to Mr. Munyukwi from the Midlands provincial headquarters police office stating that his police assault complaint had been closed, as he was unable to identify assailants at an identification parade and efforts to find the persons responsible had failed. The letter stated his complaint could be reopened if new evidence was uncovered in the next three years.
10. 1157. The complainant submits additional information with respect to the events of October 2003. It indicates that numerous activists were arrested before the October demonstrations commenced, and were charged with admissions-of-guilt fines of Z$5,000. Twenty-four individuals refused to pay the admission-of-guilt fines, including the ZCTU leadership, namely: Lovemore Matombo, president; Wellington Chibebe, secretary-general; and Lucia Matibenga, first vice-president. They were then charged under the Miscellaneous Offences Act for: (1) assembling and singing revolutionary songs; (2) marching along the streets waving placards; and (3) disturbing the free flow of human and motor traffic. They were subsequently released. The complainant indicates that the songs and the placards mentioned in the charges were slogans concerning legitimate trade union activities, such as ensuring no interference in trade union activities and economic and social concerns affecting trade unionists. The case was supposed to be heard on 8 March 2004, but was postponed. On 25 January 2005 the case was again postponed as the State failed to serve summons to all the 21 trade union activists charged; they are yet to be summoned to Court. The complainant alleges that the Government is trying to intimidate and harass the ZCTU leadership by deliberately protracting the proceedings and using them as a permanent threat of possible imprisonment.
11. 1158. In addition to the arrests in Harare, 105 people were arrested in Mutare on 8 October 2003. They were detained in an enclosed area until 8.00 p.m., then asked to pay Z$3,000 for allegedly participating in an illegal demonstration. Publicity material, placards, posters and T-shirts were also confiscated.
12. 1159. The complainant states that a total of 208 persons were arrested in connection with the events of October 2003. On 8 October 2003, 41 persons were arrested in Harare; ten in Bulawayo; 105 in Mutare; 25 in Gweru; and two in Gwanda. Additionally, 25 persons were arrested in Bulawayo on 13 October 2003.
13. 1160. With respect to the events of November 2003, the complainant alleges that the ZCTU further organized mass demonstrations in different towns on 18 November 2003 to protest against high levels of taxation and the violation of human and trade union rights. Fifty-one activists were arrested in Harare, including members of ZCTU’s leadership, who were detained for three days. Nineteen activists were arrested in Bulawayo, of which ten were released while nine were charged under the Miscellaneous Offences Act. Three hundred were arrested in Mutare; they were detained and later released on payment of admission-of-guilt fines of Z$3,000. In Gweru, approximately 15 trade union activists were arrested, detained, and denied access to legal counsel. They were subsequently released on Z$1,000 bail and charged under the Public Order and Security Act. Finally, on 19 November 2003 21 persons in Chinhoyi were arrested for participating in the protest. The total number of arrests in November 2003 was 409.
14. 1161. Finally, the complainant alleges that the Government’s statement on the ZCTU’s withdrawal from the tripartite negotiating forum (TNF) is inaccurate. The complainant asserts that the ZCTU’s withdrawal was not for political reasons, but instead was due to the fact that the Government was making unilateral decisions on fuel price increases, without consulting the social partners.

C. The Committee’s conclusions

1. 1162. The Committee takes due note of the new information submitted by the complainant, which relates to: (1) the number and circumstances of arrests of trade unionists in October and November of 2003, including the bringing of charges against the said trade unionists; and (2) allegations of the harassment and beating of four trade unionists: Messrs. Dengu, Khumalo, Mandinyenya, and Munyukwi.
2. 1163. The Committee deplores the fact that, despite the time that has elapsed since this case was last examined, the Government has not replied to the Committee’s recommendations or the additional information supplied by the complainant, although it has been invited on several occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee strongly urges the Government to be more cooperative in the future.
3. 1164. Under these circumstances, and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
4. 1165. The Committee recalls that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them.
5. 1166. The Committee expresses deep concern over the allegation that numerous activists were apparently arrested in anticipation of the October 2003 demonstration and fined. Twenty-four individuals, including the ZCTU leadership, refused to pay the fine and were then charged under the Miscellaneous Offences Act. The Committee is further concerned by the delays in the proceedings relating to their case: although charged in October 2003, the trade unionists mentioned above have twice had their hearings postponed, and have yet to be summoned to court. In this respect, the Committee recalls that it has always attached great importance to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences [see Digest of decisions and principles of the Freedom of Association Committee, 1996, 4th edition, para. 109]. In these circumstances, and in the absence of any specific indication given by the Government as to the nature of the charges brought against the ZCTU leaders and members and their dissociation from their trade union activities, the Committee strongly urges the Government to take the necessary measures so that the charges against these trade unionists are immediately dropped. It requests the Government to keep it informed in this respect. Noting further that, in Gweru, 15 trade unionists had been charged under the Public Order and Security Act, the Committee asks the Government to indicate the precise nature of the charges and, if it is found that they are being tried solely for their participation in the mass demonstration of November 2003 protesting against the violation of human and trade union rights, to take the necessary measures so that the charges are immediately dropped.
6. 1167. The Committee expresses grave concern with regard to the beatings and serious injuries suffered by Messrs. Dengu, Khumalo, Mandinyenya, and Munyukwi. It is compelled to recall that the right of workers’ and employers’ 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 these organizations, and it is for governments to ensure that this principle is respected [see Digest, op. cit., para. 47]. Moreover, the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [see Digest, op. cit., para. 51]. Accordingly, the Committee urges the Government to initiate independent inquiries into the incidents alleged above without delay, with a view to providing adequate restitution to the four trade unionists, bringing the guilty parties to justice, and preventing the repetition of acts of violence and harassment against trade unionists. The Committee requests the Government to keep it informed in this respect.
7. 1168. The Committee underscores that the present case involves allegations of an extremely serious and troubling nature. Recalling further that it had previously conveyed to the Government its deep regret over the deterioration of the situation relating to the trade union climate in Zimbabwe [Case No. 2365, 337th Report, para. 1670], the Committee is compelled to again express its deep concern in this regard. As in the abovementioned case, the Committee calls the Governing Body’s special attention to the situation.