Informe provisional - Informe núm. 342, Junio 2006

Caso núm. 2365 (Zimbabwe) - Fecha de presentación de la queja:: 09-JUL-04 - Cerrado

Allegations: The complainant organization alleges that the Government is directly responsible for numerous violations, such as attempted murders, assaults, intimidation, arbitrary arrests and detentions, as well as arbitrary dismissals and transfers committed against members, activists and leaders of the country’s trade union movement and members of their families

1040. The Committee has already examined the substance of this case on two occasions, most recently at its June 2005 meeting, where it presented an interim report to the Governing Body [see 337th Report, paras. 1633-1671, approved by the Governing Body at its 293rd Session].

1. 1041. As a consequence of the lack of a response on the part of the Government, at its March 2006 meeting [see 340th Report, para. 10], the Committee launched an urgent appeal and drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it may present a report on the substance of this case even if the observations or information from the Government have not been received in due time. To date, the Government has not sent its observations.
2. 1042. Zimbabwe has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 1043. In its previous examination of the case, the Committee made the following recommendations [see 337th Report, para. 1671]:
   • (a) The Committee once again urges the Government to abstain in future from resorting to measures of arrest and detention of trade union leaders or members for reasons connected to their trade union activities.
   • (b) The Committee requests the Government to ensure in future that trade union organizations are allowed to publicly express their opinions on issues going beyond strictly occupational matters and which affect workers, such as economic and social policies.
   • (c) The Committee requests the Government to keep it informed on developments concerning the dismissal of 56 workers at the Netone company, and to provide it with any judgement handed down in this respect.
   • (d) The Committee requests the Government to keep it informed of developments on the situation at Zimpost and at TelOne company, and to provide detailed information on the reasons for the arrest of the following trade union leaders and members: Mr. Sikosana, arrested in Bulawayo on 11 October 2004, and six other union members arrested in Gweru; Messrs. Mparutsa, Mereki and Kaditera, arrested in Mutare; Messrs. Marowa, Mhike, Nhanhanga and Chiponda, arrested on 6 October 2004; Messrs. Khumalo, Ngulube and Munumo, arrested on 11 October 2004.
   • (e) The Committee requests the Government to provide it with a copy of the judgement handed against Mr. Choko and eight other trade unionists, for their participation in a demonstration on 18 November 2003 in Bulawayo.
   • (f) The Committee requests the Government to allow in future mutual support missions into the country by neighbouring workers’ organizations, subjecting any approval only to objective criteria, without any anti-union discrimination.
   • (g) The Committee requests the Government to ensure in future that trade union leaders and members are not subject to harassment and arrest for simply hosting an exchange with a neighbouring trade union.
   • (h) The Committee requests the Government to provide its observations on its previous recommendations that remain pending, as regards the cases of Mr. Takaona and Mr. Mangezi.
   • (i) Reiterating its deep concern with the extreme seriousness of the general trade union climate in Zimbabwe, the Committee once again calls the Governing Body’s special attention to the situation.

B. The Committee’s conclusions

1. 1044. The Committee deplores that, despite the time that has elapsed since this case was first examined, the Government has not replied to the Committee’s recommendations, although it has been invited on several occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee strongly urges the Government to be more cooperative in the future.
2. 1045. Under these circumstances, and in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body], the Committee finds itself obliged to present a report on the substance of the case without the benefit of the information which it had hoped to receive from the Government.
3. 1046. The Committee recalls that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them.
4. 1047. The Committee once again notes with deep concern the serious repressive measures taken against trade union activists and officials in Zimbabwe.
5. 1048. As regards the situation of the 56 workers dismissed by the Netone company for taking part in strike action following management’s refusal to negotiate, the Committee noted from the complainant’s allegations in its previous examination of the case that an arbitration award in their favour had ordered the company to reinstate the dismissed workers without loss of pay and benefits from the date of the illegal dismissal. The award being challenged by the company, the High Court had issued a temporary stay of the execution order pending the hearing of the dispute in the Labour Court. Recalling that the right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests [Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 475], the Committee strongly urges the Government to keep it informed of developments and to provide it with any judgement handed down in this respect.
6. 1049. The Committee deplores the absence of reply from the Government regarding the situation at Zimpost and at TelOne company and the fact that no detailed information was provided on the reasons for the arrest of the following trade union leaders and members: Mr. Sikosana, arrested in Bulawayo on 11 October 2004, and six other union members arrested in Gweru; Messrs. Mparutsa, Mereki and Kaditera, arrested in Mutare; Messrs. Marowa, Mhike, Nhanhanga and Chiponda, arrested on 6 October 2004; Messrs. Khumalo, Ngulube and Munumo, arrested on 11 October 2004. The Committee expects that these union leaders and members are no longer being detained. It firmly urges the Government to provide its observations in this respect. It further requests the Government once again to provide it with a copy of the judgement handed down against Mr. Choko and eight other trade unionists, for their participation in a demonstration on 18 November 2003 in Bulawayo.
7. 1050. Regarding the case of Mr. Matthew Takaona who was dismissed from his journalist position at Zimpapers shortly after he had engaged in activities directly germane to his trade union functions and responsibilities, the Committee, in view of the total absence of reply from the Government in this respect, urges the Government to ensure that he is rapidly reinstated in his functions, or in an equivalent position, without loss of pay or benefits. The Committee urges the Government to keep it informed of developments in this respect.
8. 1051. As regards the case of Mr. David Mangezi, vice-chairman of the ZCTU Chegutu district and a member of the food federation, who was transferred from his workplace at a company called Bonnezim Private Ltd. in Chegutu to Harare, the Committee noted in its first examination of the case that, while the employer’s decision was apparently motivated by reasons having a political overtone, this worker was transferred without loss of pay or benefits to a parent company in the same group. Taking into account the fact that Mr. Mangezi is an elected trade union representative whose transfer may thus prevent him from exercising his legitimate trade union activities, the Committee firmly urges the Government once again to encourage the employer to reconsider that transfer decision, with a view to permitting Mr. Mangezi’s return to his initial workplace in due course, if he so desires. The Committee requests the Government to keep it informed of developments in this respect.
9. 1052. Finally, in the absence of any reply from the Government, the Committee deeply regrets the deterioration of the situation relating to the trade union climate in Zimbabwe since its last examination of the case, which it considered to be extremely serious [see 337th Report, para. 1670]. The Committee reiterates its deep concern in this regard, and once again calls the Governing Body’s special attention to the situation. Finally, the Committee requests the Government to accept a direct contacts mission.

The Committee's recommendations

1. 1053. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee strongly urges the Government to be more cooperative in the future.
   • (b) The Committee strongly urges the Government to keep it informed on developments concerning the dismissal of 56 workers at the Netone company, and to provide it with any judgement handed down in this respect.
   • (c) The Committee firmly urges the Government once again to keep it informed of developments on the situation at Zimpost and at TelOne company, and to provide detailed information on the reasons for the arrest of the following trade union leaders and members: Mr. Sikosana, arrested in Bulawayo on 11 October 2004, and six other union members arrested in Gweru; Messrs. Mparutsa, Mereki and Kaditera, arrested in Mutare; Messrs. Marowa, Mhike, Nhanhanga and Chiponda, arrested on 6 October 2004; Messrs. Khumalo, Ngulube and Munumo, arrested on 11 October 2004.
   • (d) The Committee firmly urges the Government to provide it with a copy of the judgement handed down against Mr. Choko and eight other trade unionists, for their participation in a demonstration on 18 November 2003 in Bulawayo.
   • (e) The Committee urges the Government to ensure that Mr. Takaona is rapidly reinstated in his functions at Zimpapers, or in an equivalent position, without loss of pay or benefits and to keep it informed of developments in this respect.
   • (f) The Committee firmly urges the Government to encourage the employer to reconsider the transfer decision affecting trade union leader Mr. Mangezi, with a view to permitting his return to his initial workplace in due course, if he so desires. It requests the Government to keep it informed of developments in this respect.
   • (g) The Committee reiterates its deep concern with the extreme seriousness of the general trade union climate in Zimbabwe, and once again calls the Governing Body’s special attention to the situation.
   • (h) The Committee requests the Government to accept a direct contacts mission.