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

Articles 6, 10 and 11 of the Convention. The Committee notes that in its brief report received on 21 December 2009, the Government is confined to indicating that the information previously requested by the Committee on the composition and conditions of service of labour inspection staff and the material resources made available to them, is being collected and will be communicated in due course. It also notes the comments made by the Zimbabwe Congress of Trade Unions (ZCTU) in communications dated 29 August 2008 and 21 September 2009 in relation to the scarcity of human and material resources which obstructs the effective exercise of the functions of the labour inspection system. It notes that the Government confirms in its report that resource constraints have hampered the inspection service owing to economic challenges. The Committee also notes that the ILO is to provide a technical assistance package in the areas to be identified by the Government and the social partners. The Committee once again requests the Government to provide information on: (i) the composition and distribution of the inspectorate staff responsible for general conditions of work and occupational safety and health, and on any development with regard to inspectors’ conditions of service; (ii) the manner in which effect is given to each provision of Article 11 of the Convention, specifying in particular the procedure for refunding labour inspectors’ duty travel costs. Please also provide copies of the relevant texts.

Articles 5(a) and 18. Suitable and effectively applied sanctions. In its previous comments, the Committee had welcomed the adjustment of pecuniary penal sanctions to ensure that they maintain a deterrent effect and the possibility of imprisonment for violations of the fundamental rights of employees. The Committee refers in this regard to its general observation of 2007 on the importance of effective cooperation between the labour inspection and the justice system in ensuring the effective enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. In this regard, the Committee notes the conclusions and recommendations of the Commission of Inquiry appointed under article 26 of the ILO Constitution to examine the observance by the Government of Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), according to which, there are significant gaps in the administration of justice and it is necessary to provide appropriate resources and training to the courts, especially the Labour Court and the key institutions and personnel in the country, in the areas of freedom of association and collective bargaining and human rights more generally [Report of the Commission of Inquiry, December 2009, para. 606(4) and (5)]. The Committee requests the Government to indicate the measures taken or envisaged, including in the framework of the technical assistance package, to strengthen the cooperation between the labour inspection services and the justice system, including through training of labour inspectors and judges on the fundamental rights of workers.

Noting moreover that no reply has been provided in relation to its previous request for statistical data on the contraventions reported by inspectors in respect of the subjects covered by the Convention, and the sanctions imposed and effectively applied in practice, the Committee once again asks the Government to provide this information.

Articles 20 and 21. Annual inspection report. The Committee notes that no annual report on the activities of the labour inspection system, as prescribed by Articles 20 and 21, has been received by the ILO since the ratification of the Convention in 1993. In its report the Government indicates that it has previously sought the assistance of the ILO in order to set up a labour market information system which is a prerequisite to the production of annual reports but this assistance is yet to be availed of. Drawing the Government’s attention  to its General Survey of 2006 on labour inspection in which it explains the importance of publishing and communicating to the ILO an annual report on inspection activities, and to Part IV of Labour Inspection Recommendation, 1947 (No. 81) on the manner in which the requisite information might be presented to good effect, the Committee trusts that the Government will ensure that effect is given as rapidly as possible to Articles 20 and 21, and invites the Government to avail itself of technical assistance from the ILO in this regard.

The Committee would be grateful if the Government would report any progress made towards ensuring an effective and efficient labour inspection system with the support of the social partners.

The Committee is raising other points in a request addressed directly to the Government.