Effect given to the recommendations of the committee and the Governing Body - Report No 336, March 2005

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

1. 138. The Committee last examined these cases at its March 2004 session [see 333rd Report, paras. 171-176]. On that occasion, the Committee noted the Government's recent ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and trusted that it would take efforts to ensure that its legislation was brought into conformity with the Convention. It therefore urged 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 penal sanctions are taken in case of peaceful strikes and that sanctions are proportionate. In relation to the assault on the trade union leader, Mr. Morgan Tsavangirai, the Committee expressed its deep concern about the Government's lack of cooperation and deplored its persistent refusal to conduct an independent investigation. The Committee urged the Government to ensure that an independent investigation was fully carried to its term with the aim of identifying and punishing the guilty parties, and requested to be kept informed of the measures taken in this regard as well as the results of the investigation. Concerning the investigation into the arson of the ZCTU offices, the Committee requested to be kept informed of any development in this respect.
2. 139. In a communication dated 17 December 2004, the Government stated that there have been no material developments regarding these cases and that it accordingly wished to reaffirm its previously submitted comments and observations.
3. 140. The Committee notes the information provided by the Government.
4. 141. Given the lack of material developments regarding the very serious matters raised by these cases, the Committee is obliged to once again express its deepest concern at the Government's lack of cooperation in relation to the legislative changes necessary to ensure compatibility with the Convention and the holding of independent investigations into the allegations of assault on a trade union leader and arson of union facilities. The Committee recalls that when a state decides to become a member of the Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association, and reminds the Government of its obligations to respect fully the commitments undertaken by ratification of ILO Conventions [see Digest, op. cit., paras. 10-11]. The Committee once again repeats its earlier conclusions in these cases and strongly urges the Government to take the appropriate steps in this regard. The Committee requests to be kept informed of all developments envisaged or undertaken in relation to the matters raised by these cases.