Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Zimbabwe (Ratification: 1998)

Other comments on C105

Observation

Direct Request

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The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2016, as well as the Government’s report.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment (involving compulsory prison labour by virtue of section 76(1) of the Prisons Act (Cap. 7:11) and section 66(1) of the Prisons (General) Regulations 1996) may be imposed under sections 64(1)(c)–(d), 72(1)–(2) and 80 of the Access to Information and Protection of Privacy Act (Cap. 10:27), for the abuse of freedom of expression, operating a mass media service without a registration certificate, falsification or fabrication of information or contravention of any other provision of the Act.

The Committee notes the Government’s indication in its report that the abovementioned provisions do not criminalize any persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. The Government also states that the Constitution provides for freedom of expression, and at this stage it is not in a position to report any progress on any measure being taken in this regard. The Committee notes that in its communication, the ZCTU states, with reference to the Access to Information and Protection of Privacy Act, that expressing views contrary to the Government is at times criminalized in the country. According to the ZCTU, 150 people have been arrested for criticizing the President. Referring to its observation addressed to the Government under the Convention, the Committee requests the Government to take the necessary measures to ensure that the above provisions of the Access to Information and Protection of Privacy Act are applied, in a way that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. The Committee also requests the Government to supply copies of court decisions which could define or illustrate the scope of the above provisions, so as to enable the Committee to ascertain their application in practice.