Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee has noted the information provided by the Government in reply to its previous direct request. It has also noted with interest the adoption of the Labour Relations Amendment Act, 2002, which contains a provision inserted as new section 4A of the Labour Relations Act (Cap. 28:01) prohibiting the exaction of forced labour and punishing the contravention of this prohibition with a fine or imprisonment.

Articles 1(1) and 2(1) of the Convention. The Committee has noted the Government’s indications concerning the application of the Vagrancy Act (Cap. 10:25), as well as the Government’s statement that no penalties are imposed for those who do not seek employment. The Committee would appreciate it if the Government would provide information on the application of the above Act in practice, including copies of any court decisions defining or illustrating its scope.

The Committee has noted the Government’s statement in the report that, in accordance with the Defence Act and regulations made under it, as well as some standing orders and rules, military officers and other career military servicemen have the right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. The Committee has noted, however, the provision of section 17(1) of the Defence Act (Cap. 11:02), under which an officer may, in writing, tender the resignation of his commission to the Commander but shall not, unless otherwise ordered by the Minister, be relieved of the duties of his appointment until he has received notification in writing that his resignation has been accepted by the President. Under section 18(1) of the same Act, an officer shall hold his commission during the pleasure of the President. The Committee requests the Government to provide information on the application of the above sections of the Defence Act in practice, indicating in particular the criteria applied by the President in accepting or rejecting a resignation of an officer. Please supply copies of the regulations, standing orders and rules issued under the Defence Act, to which reference has been made in the report. Please also indicate any provisions governing the resignation of career military servicemen other than officers.

Article 2(2)(a). The Committee previously noted that, under section 14(2)(c) of the Constitution of Zimbabwe, the expression "forced labour" does not include any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any person by virtue of a written law in place of service as a member of such force. The Committee has also noted that section 4A(2)(c) of the Labour Relations Act, as amended by the Labour Relations Amendment Act, 2002, contains a similar provision. It again requests the Government to supply a copy of the law governing the exaction of labour required in place of service in a disciplined force referred to in the above sections of the Constitution and the Labour Relations Act.

Please indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(c). The Committee previously noted that, under section 71 of the Prisons (General) Regulations, 1996, no prisoner shall be employed for the private benefit of any person, except on the order of the Commissioner. The Committee requested the Government to clarify the scope of this provision, indicating in what circumstances the employment of prisoners for the benefit of private persons may be allowed by the Commissioner and supplying information on its application in practice. The Government indicates in its reply that no prisoners are used for the private benefit in contravention of the Convention; however, the process to amend section 71 is under way, with a view to removing the powers of the Prison Commissioner referred to in this section. The Committee hopes that the Government will continue to supply, in its future reports, information on the developments in this regard and requests the Government to communicate a copy of the amendment, as soon as it is adopted.

The Committee has noted that, under Section 4A(2)(b)(ii) of the Labour Relations Act, as amended by the Labour Relations Amendment Act, 2002, the expression "forced labour" does not include labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court, is permitted in terms of any other enactment. The Committee recalls that, according to Article 2(2)(c) of the Convention, work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraphs 90 and 94 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that persons awaiting trial or detained without trial should not be obliged to perform labour (as distinct from certain limited obligations intended merely to ensure cleanliness), and that compulsory labour imposed by administrative or other non-judicial bodies or authorities is not compatible with the Convention. The Committee requests the Government to supply a copy of any enactment referred to in the above section 4A(2)(b)(ii), under which the exaction of compulsory labour from detainees may be required, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

Article 2(2)(e). The Committee has noted the Government’s indications in its report concerning the exaction of minor communal services. The Government states that local leaders do engage in consultation with the members of the community. The Committee would appreciate it if the Government would indicate the manner in which the members of the community or their direct representatives are consulted in regard to the need for such services.