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Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Zimbabwe (RATIFICATION: 1989)

Other comments on C144

Observation

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The Committee notes the observations from the Zimbabwe Congress of Trade Unions (ZCTU), received on 31 August 2022. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Strengthening social dialogue. The Committee welcomes the adoption of the Tripartite Negotiating Forum (TNF) Act, 2019 (hereinafter TFN Act) in June 2019, which establishes the TNF as a tripartite platform for social dialogue and negotiations over socio-economic issues. The TFN is composed of three structures: the Main TFN, the Technical Committee and the Secretariat. The Government indicates that the Treasury has allocated a budget for the TFN operationalization with a view to improving its efficiency and that measures have been taken towards the appointment of head of its Secretariat (TNF Executive Director). For its part, the ZCTU emphasizes the need to speed up the operationalization of the TNF and the establishment of an independent Secretariat. The ZCTU reiterates its concerns regarding section 19 of the TFN Act, which still requires preservation of secrecy concerning information related to the business of the TNF, and section 19(3), which provides for the imposition of a fine and/or imprisonment for a period not exceeding three years. The ZCTU requests its amendment, in consultation with the social partners and emphasizes that criminalizing the disclosure of information in the social dialogue process does not promote good industrial relations and calls for the promotion of transparency and openness in the social dialogue process. In this respect, the Committee notes the Government’s indication that it was agreed with the social partners to submit the amendment of section 19 before the TNF Technical Committee to consider different proposals on how to ensure confidentiality of the issues discussed within the TNF without resorting to criminal penalties applicable to social partners. In its report, the Government indicates that, following the consideration of the proposals, the amending process of section 19 would be initiated. While it understands that certain information dealt with by the TNF may require its members to observe confidentiality obligations, the Committee finds it difficult to understand how the subjects listed in Article 5 of the Convention could be made subject to such confidentiality rules when they are meant precisely to have these issues discussed openly with the social partners so that they can inform their respective constituencies. Lastly, the Government refers to the adoption of the Zimbabwe Tripartite Partners’ Action Plan with a view to addressing some of the issues raised by the Direct Contact Mission (DCM), which visited the country in April 2022 following a request by the Conference Committee on the Application of Standards at its 108th Session (June 2019) in the context of the examination of the implementation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Action Plan envisages the adoption of, inter alia, measures to strength social dialogue and tripartism through the TFN. The Committee therefore requests the Government to provide updated detailed information on any progress made as regards the amendment of section 19 of theTripartite Negotiating Forum (TNF) Act, 2019, with a view to eliminating the imposition of sanctions for disclosing information related to the issues as to Article 5 of the Convention. The Committee also requests the Government to provide updated detailed information on the situation with regard to the establishment and operation of the TNF, including the establishment of its Secretariat. The Committee refers to its 2022 observation on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), where it encouraged the Government to continue engaging with its social partners and the Office to ensure the implementation of theZimbabwe Tripartite Partners’ Action Plan.

Article 5. Effective tripartite consultations. The Committee notes that, according to section 3(3) of the TFN Act, the TNF includes among its main functions: carrying out consultations and negotiating over social and economic issues and submitting recommendations to Cabinet; negotiating a social contract, as necessary; and fostering cooperation of the tripartite constituents and other stakeholders as well as contributing to the formulation and implementation of social and economic policies. The Committee further notes the information provided by the Government regarding the tripartite consultations held in diverse forums, including the TNF, between April 2021 and August 2022. The Government reports that the social partners were also consulted in 2021 and 2022 with regard to the elaboration of Article 22 reports on the application of ratified Conventions. It adds that the tripartite constituents agreed on the timelines to be adopted in the preparation and review of article 22 reports to be submitted by Government. In addition, the Government indicates that, following tripartite consultations, it was agreed the ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) and the Violence and Harassment Convention, 2019 (No. 190). The Committee also notes the Government’s indication that a TNF social dialogue was held in Victoria Falls from 8 to 10 December 2021 with the objective of providing an opportunity to the social partners to deliberate on key issues in an informal setting and to promote team building among the tripartite constituents. The Government indicates that the social partners agreed to convene the retreat on annual basis with the objective of assessing the TNF annual achievements and plan for the measures to be taken. Furthermore, the Government reports that tripartite consultations were also held on national legislation and policies (Paragraph 5(c) of Recommendation No. 152), such as the Labour Amendment Bill, minimum wages, the Maintenance of Order and Peace Act, and the Southern African Development Community (SADC) Protocol on Employment and Labour. The ZCTU points out for its part that the social partners were not consulted with regard to the adoption of several socio-economic policies and the formulation of bills affecting workers and employers, such as the National Development Strategy (NDS-1), the Health Services Bill and the Public Service Bill. Lastly, the Committee observes that the Government does not indicate whether tripartite consultations were held on items on the agenda of the International Labour Conference (Article 5(1)(a)); the submission to the Parliament of instruments adopted by the Conference (Article 5(1)(b)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee asks the Government to respond to the observations of the ZTCU where these concern the matters listed by Article 5(1)(a)–(e) of the Convention and to continue to provide detailed, updated information on the content and outcome of the tripartite consultations held on each of the matters relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention, including those on: questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the submission to the Parliament of instruments adopted by the Conference (Article 5(1)(b)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Article 4. Training. The Committee notes that section 15 of the Second Schedule of the 2019 TFN Act includes among the competences of the TNF, the adoption of measures to improve the skills and knowledge of TNF members, such as providing or assisting other persons in providing facilities for training, education and research, including the awarding of scholarships for such training. Moreover, the Zimbabwe Tripartite Partners’ Action Plan envisages the implementation of capacity building measures on social dialogue and tripartism aimed at the social partners and key stakeholders. The Committee requests the Government to provide detailed updated information on the measures taken, including as regards financing, to strengthen the capacities of the members of Tripartite Negotiating Forum (TNF).