Definitive Report - Report No 307, June 1997

1. 480. In a communication of 15 November 1996, the International Confederation of Free Trade Unions (ICFTU) submitted a complaint of infringements of trade union rights against the Government of Zimbabwe.
2. 481. The Government supplied its observations on the case in a communication dated 20 January 1997.
3. 482. Zimbabwe has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 483. In its communication of 15 November 1996, the ICFTU asserts that this case involves significant violations of trade union rights involving leaders and members of its affiliate, the Zimbabwe Congress of Trade Unions (ZCTU). The ICFTU indicates more specifically that on 11 November 1996 a group of about 100 workers gathered peacefully near the Ministry of Justice in Harare to express solidarity with striking doctors and nurses. While sitting under the trees they were brutally attacked by some 50 police officers firing tear gas grenades. Those attempting to escape were beaten by the police wielding clubs. A number of trade union officials, including ZCTU General Secretary, Morgan Tsvangirai, and ZCTU Vice-President, Isaac Matongo, were arrested and questioned at police headquarters before being released. This provocation has led to a threat to call a general strike by the ZCTU.
2. 484. The ICFTU contends that the Government's continued refusal to promote dialogue through the industrial relations process has led to repeated unrest in the public sector throughout 1996. The most recent case was the unilateral decision to dismiss 1,000 doctors and nurses rather than discuss grievances. This resulted in a three-week health sector strike, further eroding labour relations in Zimbabwe.
3. 485. The ICFTU points out that workers and their organizations should have the freedom to peacefully express their dissatisfaction as regards economic and social matters which affect their members. The systematic denial of legitimate requests for dialogue and the brutal repression of protest are violations of the most basic principles of freedom of association. The ICFTU concludes that as an ILO member State, Zimbabwe is bound to respect the fundamental Conventions on freedom of association.

B. The Government's reply

1. 486. In its communication of 20 January 1997, the Government categorically denies that a group of about 100 workers who had demonstrated peacefully near the Ministry of Justice in Harare on 11 November 1996, had been brutally attacked by the police. First of all, the Government points out that freedom of association is enshrined in the country's Constitution which states that: "No person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular, to form or to belong to political parties or trade unions or other associations for the protection of his interests".
2. 487. Since it is a constitutional right to demonstrate peacefully and to associate freely in any organization of one's choice, the Government asserts that the persons involved could have taken the matter to a court of law since their constitutional rights had been allegedly infringed. The Government assumes that they did not do so because they knew they had no case against the police. Moreover, if indeed the ICFTU's and ZCTU's allegations (to the effect that the workers sitting under a tree were brutally attacked by the police) are genuine, the Government states that one could assume that some people were injured. The Government indicates, however, that it has no report or record of any one person who was hospitalized as a result of this alleged incident.
3. 488. The Government indicates that what actually happened on 11 November 1996 was that a group of people gathered outside a courtroom at Rotton Row Regional Courts with the intention of hearing the case regarding the illegal strike by nurses and doctors. However, some people began to violently force their way into the courtroom as it could only take in 30 people. After repeatedly warning them no to do so, the police used tear gas to disperse these persons in order to restore law and order. It is the Government's understanding that the policemen involved were highly trained officers who used quantities of tear gas in accordance with professional standards to disperse the crowd. After the crowd dispersed, there was no need for the use of any other force. Therefore, no person was assaulted thereafter.
4. 489. Regarding the allegation that Morgan Tsvangirai, ZCTU General Secretary, and Isaac Matongo, ZCTU Vice-President, were arrested, the Government states that no one was arrested. It acknowledges that two officials of the ZCTU were taken to the police station for questioning, to enlighten the police on the general strike that they intended to call. This was in the public interest to make sure the strike would be orderly.
5. 490. Referring to the doctors' and nurses' strike mentioned by the ICFTU in its complaint, the Government emphasizes that under the country's laws, doctors and nurses are considered to be persons working in essential services and therefore cannot go on strike. By going on strike, their action was illegal. ZCTU's demonstration therefore was in support of an illegal strike. In the Government's view, the police acted within their constitutional rights to restore law and order in a situation which was certain to disturb public order and peace as well as to endanger human life and property.

C. The Committee's conclusions

1. 491. The Committee notes that the allegations in this case concern the breaking up by the police of a peaceful demonstration held by members of the Zimbabwe Congress of Trade Unions (ZCTU), as well as physical assaults carried out on these workers by the same police force. These allegations further refer to the arrest of the ZCTU General Secretary, Morgan Tsvangirai, and the ZCTU Vice-President, Isaac Matongo, following this demonstration.
2. 492. As regards the alleged breaking up of a ZCTU demonstration by the police on 11 November 1996, the Committee observes the very large contradiction between the complainant's and Government's statements as to the nature of the demonstration. The complainant asserts that the 100 or so workers were brutally attacked by 50 police officers when they were sitting under some trees near the Ministry of Justice to express solidarity with striking doctors and nurses. The Government contends, however, that these persons tried to violently force their way into the courtroom in order to hear the case regarding the illegal strike by doctors and nurses. The police were obliged to use tear gas to disperse these persons in order to restore law and order. The Government categorically denies, however, that any other force was used by the police, as alleged by the complainant.
3. 493. In these conditions, the Committee can only recall that workers should enjoy the right to peaceful demonstration to defend their occupational interests. The authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the police should be in proportion to the threat to public order and governments should take measures to ensure that the competent authorities receive adequate instructions so as to avoid the danger of excessive violence in trying to control demonstrations that might undermine public order (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 132 and 137). The Committee requests the Government to respect these principles.
4. 494. As regards the complainant's contention that the ZCTU General Secretary, Morgan Tsvangirai, and ZCTU Vice-President, Isaac Matongo, were arrested and questioned at police headquarters before being released, the Government denies that these two trade union officials had been arrested. The Government acknowledges none the less that two officials were taken to the police station for questioning, in order to enlighten the police on the general strike that the ZCTU intended to call. In this respect, the Committee reminds the Government that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights (see Digest, op. cit., para. 77). The Committee therefore requests the Government to ensure that the authorities concerned refrain from having recourse to such measures in the future.