Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 1(1) and 2(1) of the Convention. 1. Legislation concerning vagrancy. For a number of years, the Committee has been referring to certain provisions of the Vagrancy Act (Cap. 10:25), under which any person suspected of being a vagrant, defined as any person who has no settled or fixed place of abode or means of support and who wanders from place to place, or any person who maintains himself by begging or in some other dishonest or disreputable manner (section 2(a) and (b)), is subject to being arrested by a police officer, taken before a magistrate and subsequently detained in a re-establishment centre, where such persons may be maintained and afforded the occupation, instruction or training requisite to fit them for entry into or return to employment (section 7(1)). The Committee has noted the Government’s repeated indication in its reports that the Act is applied in the interests of public order and tranquillity, and that its purpose is to discourage unlawful activities by vagrants.

While noting these indications, the Committee observes, referring also to the explanations provided in paragraph 88 of its 2007 General Survey on the eradication of forced labour, that the above provisions of the Vagrancy Act are worded in such general terms as to lend themselves to application as a means of compulsion to work. The Committee therefore expresses the firm hope that measures will be taken to amend the Vagrancy Act, e.g. by limiting the scope of its provisions to the situations where the persons concerned disturb public order and tranquillity or engage in unlawful activities, in order to ensure compliance with the Convention. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of the Act in practice, including copies of the relevant court decisions.

2. Freedom of career military personnel to leave their service. The Committee notes the Government’s explanations concerning the resignation of non-commissioned members of the military service. The Committee would appreciate it if the Government would supply, with its next report, a copy of the Defence (Regular Force) (Officer) Regulations referred to in the Government’s report.

Article 2(2)(a). Services exacted from a person in place of service as a member of a disciplined force. The Committee previously referred to section 14(2)(c) of the Constitution of Zimbabwe and to section 4A(2)(c) of the Labour Relations Act, as amended in 2002, under which 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 requested the Government to indicate any enactment, under which labour is required of a person in place of service as a member of any disciplined force. The Committee notes the Government’s indication that no such enactment has been adopted so far and hopes that, in its future reports, the Government will keep the Office informed of the adoption of any provisions of this kind.

Article 2(2)(c). Prison labour exacted for the benefit of private individuals. In its earlier comments, the Committee noted that section 71 of the Prisons (General) Regulations, 1996, prohibits prisoners to be employed for the private benefit of any person, except on the order of the Commissioner. It also noted the Government’s indications that no prisoners have been used for the private benefit in contravention of the Convention and that steps have been taken to amend section 71 of the Prisons (General) Regulations with a view to removing the powers of the Commissioner provided for in this section. In its latest report, the Government reiterates that it will keep the Office informed of any developments in respect of the amendment of this section. The Committee therefore hopes that section 71 referred to above will soon be amended in order to ensure compliance with the Convention and that the Government will provide, in its next report, information on the progress made in this regard.

Article 2(2)(e). Minor communal services. The Committee has noted the Government’s repeated statement in its reports that participation in communal work programmes is entirely voluntary. The Committee would appreciate it if the Government would describe such programmes in more detail, indicating, in particular, the types of work performed by the members of the community.