Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 344, Marzo 2007

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

1. 244. The Committee last examined these cases, which concern violations of the right to strike, the assault of a trade union leader and attacks on trade union premises, at its March 2006 meeting [see 340th Report, paras 224–228]. On that occasion, the Committee noted with deep regret the Government’s lack of cooperation, as demonstrated by its continued and explicit refusal to implement the measures the Committee had requested of it on several earlier occasions. Recalling once again its previous comments on the very serious matters raised in these cases, the Committee strongly urged the Government to amend the Labour Relations Amendment Act No. 17/2002 to allow workers and their organizations to take industrial action in respect of economic and social policy questions without being sanctioned, as well as 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. The Committee also regretted that the Government refused to hold independent investigations into the assault on Mr Tsavangirai and the arson of ZCTU offices, allegations which had been pending since 1997, by referring simply to the separation-of-powers doctrine as grounds for its refusal to take action on this matter. The Committee urged the Government to keep it informed of all developments envisaged or undertaken in relation to the matters raised in these cases.
2. 245. In a communication dated 6 September 2006, the Government reiterates that the legislative provisions relating to strike action in the Labour Act adequately address the concerns of the Committee, and that its intention was to penalize unlawful collective job action just as much as any other law penalizes criminal conduct. Penalizing unlawful action, furthermore, does not take away the right to strike.
3. 246. The Government further states that the police have not been able to find those responsible for the attack on Mr. Tsavangirai and the arson of ZCTU offices. It adds that it has reservations on instituting an inquiry regarding alleged attacks on Mr Tsavangirai due to his current political standing, and above all because there had already been a case finalized by the courts – the judgement of which was submitted to the ILO.
4. 247. The Committee notes with deep regret that the Government provides no new information but instead reiterates, yet again, its previous position in respect of these cases. The Committee is, as such, obliged to express its deep concern with the Government’s continued and long-standing failure to cooperate. It once again strongly urges the Government to amend the Labour Relations Amendment Act, in accordance with its previous recommendations, and refers this aspect of the case to the Committee of Experts on the Application of Conventions and Recommendations. As regards its recommendations concerning the allegations of assault and arson, the Committee deplores the position of the Government that it has reservations with conducting an independent inquiry due to Mr Tsavangirai’s current political standing. The Committee recalls that Mr Tsavangirai was the Secretary-General of the ZCTU at the time of the alleged attack, and that the ensuing proceedings failed to find a guilty party; in this regard the Committee recalls once again that in the event of assaults on the physical or moral integrity of individuals, the Committee has considered that an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. Furthermore, the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 50 and 52] and deplores the inaction of the Government in this regard.