Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C144

Observation

Direct Request

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The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU), received on 31 August 2017. The Committee further notes the response of the Government to the observations of the ZCTU, received on 14 November 2017.

Article 2 of the Convention. Strengthening social dialogue. In its previous comments, the Committee requested the Government to provide details on the progress made to institutionalize the Tripartite Negotiating Forum (TNF) as well as information on the activities of the TNF in relation to international labour standards. The Government reports that the TNF Bill is at an advanced stage. It indicates that, on 7 April 2017, the Attorney General’s Office published a fourth draft of the TNF Bill and requested comments from the Government and the social partners. Subsequently, the revised Bill, containing the comments of the social partners, was submitted to the Ministry of Public Service, Labour and Social Welfare. It adds that the Bill includes a provision establishing an independent and full time secretariat, in order to institutionalize social dialogue in the country. In its observations, the ZCTU confirms that tripartite consultations have been taking place, but expresses concern at the Government’s serious delay in institutionalizing the TNF, a process that has to date been under way for seven years. The ZCTU also expresses concern that its call to amend section 19 of the draft TNF Bill has not received attention from the Government. According to the trade union, section 19 of the draft Bill provides for the preservation of secrecy and confidentiality and stipulates criminal penalties for disclosing information on matters under negotiation. The ZCTU considers that the TNF is a social dialogue platform in which information sharing and ideas under discussion should not be limited only to those negotiating as each party’s constituent has an interest. It adds that criminalizing the disclosure of information in the social dialogue process is not the best way to promote good industrial relations. Instead, it advocates promoting transparency and openness with membership participation in decision-making. In response to the observations of the ZCTU regarding the amendment of section 19 of the draft TNF Bill, the Committee notes the Government’s indications that the Attorney-General was advised to amend section 19 of the draft, as requested by the social partners. The Government indicates that the TNF Bill was amended taking into account the views of the social partners and that the amended version was submitted for consideration by the Cabinet Committee on Legislation, which is the last stage before its presentation to Parliament. The Committee takes note of the TNF Bill transmitted by the Government. However, it notes that section 19(1) and (2) of the draft TNF Bill still requires preservation of secrecy concerning information related to the business of the TNF, while section 19(3) provides for the imposition of a fine and/or imprisonment for a period not exceeding three years. The Committee encourages the Government to consider amending the draft TNF Bill in consultation with the social partners prior to its adoption, with a view to avoiding the potential chilling effect that the imposition of sanctions for disclosing information could have on the social dialogue process, including with regard to the tripartite consultations required under the Convention. The Committee further requests the Government to communicate information on any developments regarding the status of the TNF Bill and to provide a copy of the final version once it is available.

Article 5. Effective tripartite consultations. The Government indicates that tripartite discussions on all reports to be submitted under article 22 of the ILO Constitution were held on 28–29 August 2016. Tripartite consultations were also held on 30 May 2017 to discuss the items on the agenda of the 106th Session of the International Labour Conference. It adds that, on 24 May 2017, the TNF adopted resolutions on the implementation of the recommendations of the ILO’s 2017 High-level Mission to Zimbabwe, the roadmap for the finalization of the drafting of the Labour Amendments Bill and on drafting regulations for Special Economic Zones. Moreover, the Committee notes the Government’s indications that, following tripartite consultations held in 2015 on the Protocol of 2014 to the Forced Labour Convention, 1930, the Cabinet Committee on Legislation has approved ratification of the Protocol. Tripartite consultations have also been undertaken on the possible ratification of the Domestic Workers Convention, 2011 (No. 189), and the Employment Policy Convention, 1964 (No. 122). The Committee requests the Government to continue to provide up-to-date information on the consultations held on the matters concerning international labour standards covered by Article 5(1) of the Convention.