Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Zimbabwe (Ratification: 2003)

Other comments on C087

Observation

Direct Request

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Follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

The Committee notes the observations submitted by the Zimbabwe Congress of Trade Unions (ZCTU) and by the International Trade Union Confederation (ITUC), both received on 1 September 2022, which refer to the issues addressed by the Committee below.

The Committee notes the report of the Direct Contacts 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).

Civil liberties and trade union rights. In its previous comment, the Committee had requested the Government to provide information on all progress made with regard to the case against the ZCTU President and General Secretary arrested in 2019; the case of Secretary for Gender of the Amalgamated Rural Teachers Union (ARTUZ), alleged to have been arrested and tortured; alleged acts of violence against ARTUZ leaders following protests in 2020; as well as the repression against workers’ protests in the health sector and several other instances of violation of civil liberties in the country that took place in 2020. The Committee had further requested the Government to provide information on the conviction and sentencing of a primary school teacher for public violence after being arrested while protesting against poor salaries. The Committee notes the Government’s indication, also communicated to the DCM, that the case of the ZCTU Secretary General and the former President is closed and that the National Prosecuting Authority (NPA) has no intention of pursuing the matter further. The Committee notes from the report of the DCM that when a case is withdrawn before plea, as was the case with the two trade union leaders arrested in 2019, while such case is not prosecuted, it is technically not closed and can become an aggravating circumstance if there are further arrests. The DCM considered that the existing legal loophole in the procedure for dealing with cases withdrawn before plea should be closed and that to that end, the Government should engage with all relevant authorities and stakeholders. The Committee requests the Government to inform it of all measures taken or envisaged in this regard. The Committee further notes the Government’s indication that it still awaits to receive from the trade unions concerned information regarding allegations pertaining to the case of the ARTUZ Secretary of Gender and the incidents of violence and arrests alleged to have taken place in 2020, in order to enable the investigation and follow-up with the Prosecutor General and the Zimbabwe Republic Police (ZRP). The Committee urges the Government to engage with the unions concerned without further delay with a view to investigating the alleged violations of civil liberties and trade union rights. The Committee requests the Government to provide information in this respect.

The Committee had previously urged the Government to take all necessary steps to ensure that the compensation for damages suffered during the disturbances of August 2018 is paid without further delay and also requested the Government to inform it of all progress made in this regard. The Committee notes that, according to the Government, the former legal advisor of the ZCTU has filed a compensation application at the Magistrate’s Court, as well as an application for variation of the compensation amount, which the court accepted. The Committee recalls the Government’s previous indication that the consultations on compensation modalities were ongoing. The Committee notes with concern the ZCTU statement to the DCM that no consultation had taken place. The Committee regrets that over four years after the events, the issue of compensation has not been resolved, despite the recommendations made to that effect by a commission of inquiry established to investigate the disturbances. The Committee therefore urges the Government to engage with those who suffered during the disturbances, including the ZCTU former legal advisor, with a view to paying compensation as per the recommendations of the national commission of inquiry. The Committee requests the Government to provide information on the modalities and amount paid to the affected trade unionists.

The Committee notes with deep concern the ZTUC and the ITUC allegations that in January 2022, members of the ARTUZ were attacked and arrested while being engaged in a protest action outside the National Social Security Office building where the National Joint Negotiating Council (NJNC) meeting was taking place between the Government and trade unions. According to the ZCTU, as the teachers gathered at the venue, 16 leaders of the ARTUZ were arrested, including the ARTUZ President, only to be released on bail six days later. The Committee further notes the ITUC allegation that the Secretary-General of the ARTUZ was arrested in July 2022 by the ZRP. According to the ITUC, he is facing charges of the murder of a colleague in 2016, despite the fact that a court investigation into the death of that colleague concluded there was no criminal act involved. The ITUC indicates that the arrest of the Secretary-General of the ARTUZ occurred a week after the release on bail of the ARTUZ President who is also facing similar criminal charges. The Committee requests the Government provide without delay its detailed comments on all these serious allegations of violation of trade union rights and civil liberties.

Maintenance of Peace and Order Act (MOPA). In its previous comment, the Committee had requested the Government to provide information on all developments made with regard to the tripartite consultative workshop to unpack the MOPA, as well as on the outcome of the workshop between trade unions and law enforcement bodies, including a thorough examination of the allegations by the ZCTU and the ITUC of violations of civil liberties. The Committee notes the Government’s indication that the objectives of the workshop, which was held in September 2022, were to develop an understanding of the MOPA, both in law and in practice, between various State actors and the social partners and to develop a mutually agreed strategy to minimize clashes between law enforcement agencies and trade unions. The workshop also aimed to facilitate an appreciation and in-depth knowledge of international labour standards. The workshop afforded an opportunity for the NPA to present an overview of the national prosecution system, with reference to some trade union cases. The Government indicates that the key recommendations resulting from the workshop pertain to the need for continued regular engagement between the law enforcements agents and the social partners. Also part of the recommendations were continued capacity building of law enforcement agents and social partners on international labour standards, continued collaboration, and joint tripartite inspections, particularly where there are alleged violations of workers’ rights at workplaces. The Committee regrets that no information has been provided by the Government on the review of the implementation of the two instruments developed for use by the law enforcement bodies (the handbook on international labour standards and the code of conduct). The Committee therefore encourages the Government to continue engaging with the social partners and the relevant state authorities with a view to monitor the application of the MOPA in practice, the use by the law enforcement bodies of the two abovementioned instruments and, with reference to the above, the allegations made by the ZCTU regarding the violation of civil liberties.

Labour law reform and harmonization. The Committee recalls that for a number of years it has been requesting the Government to bring the Labour Act, Public Service Act and Health Services Act into conformity with the Convention in full consultation with the social partners.

Labour Act. The Committee had previously requested the Government to provide information on all progress made with regard to the legislative developments of the Labour Act, Public Service Act and Health Services Act, and the involvement of the social partners in the process in and outside the Tripartite Negotiating Forum (TNF). The Committee notes the Government’s indication that a tripartite consultative workshop has been held by the Parliamentary Portfolio Committee for Labour and Social Welfare (PPCL) in May 2022 on the Labour Amendment Bill. The objective of the workshop was to afford the social partners an opportunity to present their views and comments to Parliament ahead of the discussion of the Bill. As recommended by the DCM, the Government also submitted the Bill to the ILO and has received comments and observations thereon. The Government further indicates that the Bill has gone through the second reading in Parliament and is now awaiting debate in the House of Assembly. The Committee notes the Government’s indication that the Ministry of Public Service, Labour and Social Welfare (the Ministry) is engaging with the Attorney General with a view to considering possible amendments to the Bill so as to take into account ILO comments and the PPCL report, which may lead to a notice for amendment on the Bill during the parliamentary discussions. The Government hopes the Bill will be adopted during the current session of Parliament. The Committee firmly expects that the Amendment Bill will be brought into conformity with the Convention and adopted without further delay and requests the Government to provide a copy of the amended Labour Act.

Public Service Act. The Committee notes the Government’s indication that the drafting of the Public Service Amendment Bill was concluded by the Attorney General’s Office. The Bill has been submitted to the Cabinet Committee on Legislation (CCL) for consideration to take place by the end of October 2022. The Committee notes from the DCM report that while the Public Services Amendment Bill satisfied the Public Service Commission as it took into account the ILO supervisory bodies comments, it has not been discussed in the TNF. The Committee expects that the Public Service Act will be amended without further delay so as to bring it into conformity with the Convention. The Committee requests the Government toprovide information on all progress made in this regard and to provide a copy thereof once the Amendment Bill is adopted.

Health Service Amendment Act. The Committee notes the Government’s indication that the Parliamentary Portfolio Committee on Health has concluded public hearings and consultations on the Act. The Committee notes, however, that the DCM observed the lack of consultations on the Act. The Committee also notes that the ZCTU considers that the Bill, as currently drafted, violates freedom of associations rights. The Committee therefore urges the Government to engage with the social partners, under the auspices of the TNF, to seek their views and proposals on the draft legislation which affects their rights and interests with a view to ensuring that the Bill is in full conformity with the Convention. The Committee requests the Government to inform it of all measures taken to this end.

The Committee welcomes the Zimbabwe Tripartite Partners’ Action Plan to address some of the issues raised in the preliminary findings of the DCM.The Committee encourages the Government to continue engaging with its social partners and the Office to ensure its implementation. The Committee requests the Government to provide information on all developments in this respect.