Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Effect given to the recommendations of the Committee and the Governing Body

1. 224. The Committee last examined these cases at its meeting in March 2005. They concern violations of the right to strike, anti-union dismissal, assault of a trade union leader and attacks on trade union premises. On that occasion, the Committee noted the lack of material developments regarding the very serious matters raised in these cases and expressed, once again, its deepest concern at the lack of cooperation of the Government in relation to the legislative changes necessary to ensure compatibility with Conventions Nos. 87 and 98. It also noted that the Government refused to hold independent investigations into the allegations of assault on a trade union leader and of arson of union facilities. The Committee recalled that the Government, as a member of the ILO, had to respect the fundamental principals embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association, and reminded it of its obligation to respect fully the commitments undertaken by its ratification of ILO Conventions. The Committee once again repeated its earlier conclusions in these cases and strongly urged the Government to take the appropriate steps in this regard. The Committee requested to be kept informed of all developments envisaged or undertaken in relation to the matters raised by these cases [see 336th Report, paras. 138-141].
2. 225. In a communication dated 21 September 2005, the Government states that, as regards Case No. 1937, it stands by its earlier submissions that the legislative amendments contained in the current Labour Act 28:01 are adequate to address the concerns of the Committee. It adds that the case should be closed given the fact that it has adequately taken care of all concerns of the Committee.
3. 226. Concerning Case No. 2027, the Government states that no material developments have occurred and it reaffirms its earlier position. The Government notes that the Committee insists on the setting up of independent investigations both on the alleged assault of the former ZCTU Secretary General, Mr. M. Tsavangirai, as well as on alleged arson attacks on ZCTU offices. The Government states it does not wish to set a wrong precedent, by setting up an independent investigation inquiry over matters which its law enforcement organs and the judiciary are seized with. It declares that such actions would not serve any purpose apart from seeking to create suspicions regarding the actions and discharge of duty by institutions that defend the rule of law. The Government states it applies the rule of law without fear or favour.
4. 227. The Committee notes with deep regret the lack of cooperation from the Government, as reported in the paragraphs above. The Committee recalls once again its previous comments and strongly urges the Government to amend the Labour Relations Amendment Act No. 17/2002, to allow the workers and their organization to take industrial action in respect of economic and social policy questions without being sanctioned and to ensure that no imprisonment sanctions are taken in the case of peaceful strikes and that the sanctions are proportionate to the seriousness of the infringement.
5. 228. As regards the assault on Mr. Tsavangirai and the allegations of arson of the ZCTU offices, the Committee regrets that the Government simply refers to the separation of powers in respect of this matter which has been pending since 1997 and about which the Committee has not been informed of any pending court proceedings. In these circumstances, the Committee urges the Government to keep it informed of all developments envisaged or undertaken in relation to the matters raised in these cases.