Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report.

It further notes the Government’s reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) and the Zimbabwe Congress of Trade Unions (ZCTU). The Committee notes that the Government disagrees with the ICFTU and the ZCTU statements that trade union rights are violated in law. In particular, the Government indicates that contrary to the ICFTU’s statement: (1) managers have a right to join trade unions and go on strike; (2) the Minister is required to consult with the tripartite Advisory Council before deciding what constitutes essential service; (3) the Public Order and Security Act (POSA) does not apply to the activities of trade unions and employers’ organizations; and (4) revision of the Public Service Act is intended to make sure that its provisions are in conformity with the Labour Act and the Convention. Furthermore, the Government states that contrary to the ZCTU’s interpretation, section 51 of the Labour Act, which provides for the powers of the Minister with regard to the supervision of election of officers of trade unions or employers’ organizations, does not infringe the rights and principles of the Convention. According to the Government, this section is intended to ensure that constitutions and procedures of a trade union are followed during elections. Those who supervise elections do not go beyond the function of merely observing that the procedure and conduct of elections are followed in terms of the established rules and constitution of the trade union concerned. Furthermore, section 55 of the Act is intended to protect the interests of workers against the pegging of unsustainable trade union dues. The Government further denies the allegations of its involvement in establishment of the Zimbabwe Federation of Trade Unions (ZFTU) and of attempts to change the ZCTU leadership. The Committee notes that, with regard to the ICFTU allegations of arrests of trade unionists, the Government refers to the information it had submitted to, and had been examined by, the Committee on Freedom of Association.

The Committee notes that by their communications dated 12 July 2006 and 1 September 2006, respectively, the ICFTU and the ZCTU submitted further comments concerning the application of the Convention in law and in practice. The Committee notes that the ICFTU comments refer to the legislative issues already raised by the Committee and to serious allegations concerning arrests, assaults, death threats, acts of torture and police violence against trade union leaders and members. In this respect, the Committee has, on numerous occasions, stressed the interdependence between civil liberties and trade union rights emphasising that a truly free and independent trade union movement can only develop in a climate of respect for fundamental human rights. The Committee requests the Government to provide its observations thereon.

The Committee recalls that, in its previous observation, it had requested the Government to take measures to ensure that the POSA is not used to infringe upon the right of workers’ organizations to express their views on the Government’s economic and social policy. While taking note of the Government’s indication that the POSA does not apply to the activities of trade unions and employers’ organizations, the Committee notes from Case No. 2313 examined by the Committee on Freedom of Association (see 343rd Report, paragraphs 1149-1169) that several trade union members and officers have been arrested and initially charged under this Act. In these circumstances, the Committee once again requests the Government to take the necessary measures to ensure that the POSA is not used to infringe upon the right of workers’ organizations to express their views on the Government’s economic and social policy.

Finally, the Committee takes note of the discussion that took place at the Conference Committee in June 2006 and notes that, in its conclusions, the Conference Committee “requested the Government to consider accepting a high-level technical assistance mission from the Office aimed at ensuring the full respect for freedom of associations and basic civil liberties not only in law, but also in practice”. While noting that an official visit of the Director of the International Labour Standards Department at the invitation of the Government of Zimbabwe took place in August 2006, the Committee regrets that the Government has not yet accepted the suggested high-level technical assistance mission. The Committee expresses the hope that the Government will give a positive response to this suggestion in the very near future.

A request on certain other points is being addressed directly to the Government.