Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first report. It further notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and the Zimbabwe Congress of Trade Unions (ZCTU) in a communication dated 6 September 2005 concerning the application of the Convention in law and in practice. The Committee requests the Government to provide its comments thereon. The Committee takes note of the conclusions and recommendations of the Committee on Freedom of Association in Cases Nos. 1937, 2027, 2313 and 2365.

The Committee notes from Cases Nos. 2313 and 2365 examined by the Committee on Freedom of Association that several trade union members and officers have been arrested and initially charged under the Public Order and Security Act of 22 January 2002 (11:17) (POSA) for holding trade union workshops or demonstrations without authorization (Reports Nos. 334, 336 and 337, paragraphs 109-1121, 891-914 and 1633-1671 respectively). The Committee notes that the POSA and, in particular, its Part IV on public gatherings, confers discretionary power to the authorities to prohibit public gatherings and sanctions of fines and imprisonment for violation of any such prohibition. While noting that according to the Schedule, section 24 which concerns an obligation to notify the regulating authority of an intention to hold a public gathering, does not apply to public gatherings of members of professional, vocational or occupational bodies held for purposes which are not political or held by trade unions for bona fide trade union purposes, the Committee observes that the Act does not provide for any specific criteria concerning the determination of “bona fide purposes”. In these circumstances, and in light of the conclusions in the abovementioned cases, the Committee is concerned that this Act may be used in practice so as to impose sanctions on trade unionists for conducting a strike, protest, demonstration or other public gathering. The Committee recalls that the development of the trade union movement and the increasing recognition of its role as a social partner in its own right mean that workers’ organizations must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy (see General Survey on freedom of association and collective bargaining, 1994, paragraph 131). The Committee therefore requests that the Government take measures to ensure that the POSA is not used to infringe upon the right of workers’ organizations to express their views on the Government’s economic and social policy and to keep it informed of the measures taken or envisaged in this respect.

A request on certain other points is being addressed directly to the Government.