Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Zimbabwe (Ratification: 2003)

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Observation

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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 International Trade Union Confederation (ITUC), received on 1 September 2021, which refer to the issues addressed by the Committee below.

Civil liberties and trade union rights. The Committee recalls that in its previous comments it expressed concern at the allegations submitted by the ITUC and the Zimbabwe Congress of Trade Unions (ZCTU) that, since the January 2019 crackdown on the ZCTU-organized general strike, the ZCTU President and General Secretary remained charged with subversion and were under strict release conditions, banned from traveling and forced to check in regularly at the police station. Both organizations further alleged retaliatory acts and violence against leaders of the Amalgamated Rural Teachers Union (ARTUZ) following protests organized by the ZCTU in 2020, and 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 notes the Government’s indication that the case of the ZCTU President and General Secretary is still pending before the High Court. The matter was however removed from the court roll to enable the State to finalize its investigations, after which it will proceed by way of summons. The Government indicates that the social partners discussed this case in the tripartite meeting held on 5 and 6 October 2021 and agreed that the Government will engage the Prosecutor General’s Office to find a way forward with a view to bringing the matter to finality. The Government further indicates that the social partners discussed the case of the ARTUZ, which has been reported to the police. However, more information is needed about the ARTUZ Secretary for Gender who is said to have been arrested and tortured to enable Government to investigate the matter further, to engage with Zimbabwe Republic Police and to provide updates accordingly. At the meeting, the members of the ZCTU agreed to submit more information and details to enable the Ministry of Public Service, Labour and Social Welfare to pursue the matter. With regard to the ITUC and the ZCTU 2020 allegations, the Government indicates that it has requested specific details on some of the cases to enable proper follow up and responses on issues raised. The Committee requests the Government to provide information on all progress made on the above-mentioned cases. It further requests the Government to provide its comments on the conviction and sentencing of a primary school teacher for public violence after being arrested while protesting against poor salaries, as alleged by the ITUC in its latest communication.

The Committee recalls that it had previously noted that a commission of inquiry established to investigate the disturbances of 31 August 2018 found that six people were killed and 35 injured as a result of the military and police action, and recommended a payment of compensation for losses and damages caused. Noting with concern that the ZCTU personnel suffered injuries during these events, the Committee requested the Government to provide information on all progress made in giving effect to the commission’s recommendations. The Committee notes the Government’s indication that the consultations on compensation modalities are still ongoing. The Committee regrets that more than three years after the events, the issue of compensation has not been resolved. The Committee urges the Government to take the necessary steps to ensure that the compensation for damages suffered is paid without further delay and requests the Government to inform it of all progress made in this regard.

The Committee recalls that it had previously noted the Government’s indication that the training curriculum on freedom of association has been mainstreamed in the Police training manuals, that the Training Centres have been conducting the trainings and that the issue of alleged clashes between police and trade unions and alleged harassment by the police at roadblocks/checkpoints was an ongoing subject of discussion under the auspices of the Tripartite Negotiating Forum (TNF). The Committee further recalls that according to the Government, the TNF Social Cluster was tasked to engage the Police and develop a standard checklist for use by security forces at checkpoints. The Committee requested the Government to provide detailed information on the work carried out by the TNF Social Cluster and on the progress in its engagement with the police forces.

The Committee notes the Government’s indication that it prioritizes and will keep prioritizing continuous training and engagement of law enforcement agencies on fundamental principles and rights at work. The Government informs that a tripartite meeting to strengthen the observance of international labour standards and social dialogue in Zimbabwe was held on 30 July and 26 August 2021. The objective of the meeting was to discuss joint priorities as well as to come up with a roadmap to that end. The Government points out that one of the priorities is to improve engagement between trade unions and law enforcement agents. The Government indicates that to that end, consensus engagement workshops will be held between trade unions and law enforcement bodies in 2022 to review 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), to unpack the Maintenance of Peace and Order Act (MOPA) and to address the concerns of all parties.

The Committee notes a copy of the roadmap provided by the Government and the detailed information on the work of the TNF Social Cluster, in particular as regards various measures to contain the spread of COVID-19, including the issue of the need to have a standardized checklist to be used by security agents at roadblocks/checkpoints during lockdowns, so as to facilitate ease of passage of essential workers. The Committee further notes the Government’s indication that the guidelines and checklist for checkpoints were agreed to but are yet to be considered by the main TNF. The Committee requests the Government to provide information on the outcome of engagement between trade unions and the law enforcement bodies, which it expects will include a thorough examination of the allegations by the ZCTU and the ITUC of cases of violation of civil liberties. The Committee urges the Government to take the necessary measures for the adoption without further delay of the above-mentioned guidelines and checklists by the main TNF.

Maintenance of Peace and Order Act (MOPA). The Committee had noted the enactment of the MOPA in November 2019 and observed in this respect that it did not apply to public gatherings held by a registered trade union for bona fide trade union purposes for the conduct of business in accordance with the Labour Act. In this respect, noting its similarity to the repealed Public Order and Security Act (POSA), the Committee recalled the concerns previously raised by the ILO supervisory bodies regarding POSA’s de facto application to trade union activities and expected that the consultative meeting with the social partners to unpack the new legislation, which had been suspended due to the COVID-19 pandemic, would be held as soon as possible.

The Committee notes the Government’s indication that one of the activities agreed to at the tripartite meeting mentioned above is a tripartite consultative workshop to unpack the MOPA and that this unpacking and the general interface between the trade unions and the police should be with the view to addressing the concerns of all parties and in the main strengthening observance of international labour standards in Zimbabwe. The Committee expects that such a workshop will take place as soon as possible and requests the Government to provide information on all developments in this regard.

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. The Committee expected that the operationalization of the TNF would allow for labour law reform and public service legislation harmonization to be concluded without further delay.

The Committee notes the Government’s indication that the Labour Amendment Bill is a product of extensive consultations with social partners and relevant stakeholders to bring the Labour Act into conformity with the comments made by the ILO supervisory bodies. The Government informs that, together with the Attorney General’s Office, it convened a peer review on the Labour Amendment Bill in April 2021 to ensure that all principles of the Convention and issues raised by social partners are incorporated into the Bill. The Bill was submitted to the Cabinet Committee on Legislation in May 2021, approved by Cabinet on 28 September 2021 and is now pending in Parliament. The Government explains that it was the agreement of the social partners that any outstanding issues regarding the international labour standards will be dealt with through the public consultations of the Parliament, which is open to all, including the social partners. To enable the social partners to do extensive consultations before the public hearings of the Parliamentary Portfolio Committee on Labour, they were provided with a copy of the Bill during the tripartite Consensus Building meeting held from 5 to 6 October 2021. The Government expects that the Parliamentary Legal Committee and the Parliamentary Portfolio Committee will be sensitized through a workshop to be arranged in conjunction with the Office on the comments made by the supervisory bodies with a view to ensuring that the Parliamentary Committees are empowered to play an oversight role on the development of a labour legislation responsive to deficiencies noted by the supervisory bodies. The Government indicates that it will provide the Committee with the new legislation once it is enacted into law.

The Government further informs that once the Constitutional Amendment Bill passed Parliament in April 2021, the Attorney General’s Office began working on the Public Service Amendment Bill. The Public Service Commission (PSC) has since received the third draft from the Attorney General’s Office for consideration. After consideration by the PSC, a stakeholder consultation will be held with all public service stakeholders. The Bill will be tabled before the TNF prior to its submission to Cabinet.

The Government further indicates that bilateral consultations within the Health Services Board are still ongoing on the principles of amending the Health Services Act. The parties are desirous of embarking on a holistic revamping of the Health Services in view of the shortcomings identified during the COVID-19 response period. It is envisaged that once these are finalized, they will be submitted to the TNF for consideration.

The Committee notes the detailed information provided by the Government on the work carried out by the TNF and its various clusters. The Government considers that the operationalization of the TNF will indeed expedite legislative reform in the world of work. The Government further considers that to this end, the enactment of the Standard Operating Procedures of the TNF, the appointment of its Executive Director, and the establishment of an independent secretariat are matters of priority and are currently under way within the Labour Cluster of the TNF.

The Committee welcomes the information provided by the Government on the legislative developments and the involvement of the social partners in the process in and outside the TNF. The Committee requests the Government to provide information on all further progress made in in this regard.

The Committee notes the Government’s request for technical assistance of the Office with regard to the issues raised above and trusts that all necessary assistance will continue to be provided to the Government and its social partners.

The Committee welcomes the Government’s indication that it will be engaging with the Office for mutually suitable dates in 2022 to receive the direct contacts mission requested by the Conference Committee.