Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Zimbabwe (Ratification: 2003)

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Observation

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Follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the observations submitted by the Zimbabwe Congress of Trade Unions (ZCTU), received on 30 August 2019 and 29 September 2020, and by the International Trade Union Confederation (ITUC), received on 1 September 2019 and 16 September 2020, which refer to the issues addressed by the Committee below. The Committee further notes that the ITUC and the ZCTU 2020 observations recall that, since the January 2019 crackdown on the ZCTU-organized general strike, the ZCTU President and General Secretary remain charged with subversion and are under strict release conditions, banned from traveling and forced to check in regularly at the police station. Both organizations allege further retaliatory acts against both trade union leaders as well as leaders of the Amalgamated Rural Teachers Union (ARTUZ), following protests organized by the ZCTU in 2020. The ITUC alleges, in particular, that on 17 July 2020, the ARTUZ President had his home broken into by armed personnel in the middle of the night in an attempt to abduct him. The ZCTU alleges that earlier, in May 2020, the ARTUZ Secretary for Gender was arrested, tortured and left for dead after police accused her of inciting violence. According to the ITUC, the ZCTU is being attacked and labelled as a terrorist organization and its leaders face daily threats, harassment and persecution by the authorities. The ITUC and the ZCTU also allege repression against workers’ protests in the health sector. The Committee expresses its concern at these serious allegations, and requests the Government to provide its comments on the matter.

The Committee notes the discussion that took place in the Conference Committee in June 2019 concerning the application of the Convention. The Committee observes that the Conference Committee noted concern regarding the Government’s failure to implement specific elements of the recommendations of the 2009 Commission of Inquiry. The Conference Committee noted persisting issues of non-compliance with the Convention, including allegations of violations of the rights of the freedom of assembly of workers’ organizations. The Conference Committee also noted the Government’s stated commitment to ensure compliance with its obligations under the Convention and to the process of social dialogue, including through the framework for Tripartite Negotiating Forum (TNF). The Committee called upon the Government to: (i) refrain from the arrest, detention or engagement in violence, intimidation or harassment of trade union members conducting lawful trade union activities; (ii) ensure that the allegations of violence against trade union members are investigated, and where appropriate, impose dissuasive sanctions; (iii) repeal the Public Order and Security Act (POSA), as it has committed to do so, and ensure that the replacement legislation regarding public order does not violate workers’ and employers’ freedom of association in law and practice; (iv) revise or repeal the Public Service Act and, as necessary, the Health Services Act, to allow public sector workers freedom of association in consultation with the social partners; (v) amend the Labour Act, in consultation with workers’ and employers’ organizations, to come into compliance with the Convention; and finally (vi) continue to engage in social dialogue with the workers’ and employers’ organizations in connection with the framework of the TNF. The Conference Committee urged the Government to accept a direct contacts mission of the ILO to assess progress before the next International Labour Conference.

The Committee welcomes the Government’s commitment to receive a direct contacts mission of the ILO requested by the Conference Committee. The Committee notes the Government’s indication that the mission, scheduled for May 2020, had to be postponed due to COVID-19, and its hope that the mission will be rescheduled consistent with Covid-19 travel guidelines.

Trade union rights and civil liberties. The Committee recalls that it had previously noted with concern the allegations submitted by the ITUC and the ZCTU regarding: the injuries suffered by the ZCTU personnel when the union’s office came under attack by soldiers during the demonstrations on 1 August 2018; cases of strike action being banned and criminalized; and denial or delay of trade unions registration. The Committee noted the information provided by the ZCTU in 2019, according to which the Government set up a commission of inquiry to investigate the police and military action during the August 2018 demonstrations. According to the ZCTU, the Commission found out that six people were killed and 35 injured as a result of the military and police action and recommended a payment of compensation for losses and damages caused. The ZCTU expressed its concern that no compensation has been paid to its staff members affected nor for the damages to its building, and that the perpetrators have not been made accountable for their action.

The Committee notes that in its report, the Government indicates that the objective of the commission of inquiry was to investigate the politically motivated disturbances of 31 August 2018. The commission produced a report and recommendations, which the Government has accepted. The Government indicates that it is working on the compensation modalities and will write to the ZCTU requesting it to submit compensation claims. The Committee requests the Government to provide information on all progress made in giving effect to the commission’s recommendations.

Regarding the ZCTU’s allegation made in 2019 that the Footwear Tanners and Allied Workers Union of Zimbabwe remained unregistered, the Committee welcomes the Government’s indication that the Union was registered on 30 January 2020.

The Committee recalls that it had previously noted that a training curriculum on freedom of association was being developed for the dissemination and use by police officers. The Committee noted with concern the ZCTU’s 2019 allegation that it has not observed a change in behaviour on the part of the police officers and that the situation on the ground has turned for the worst with serious attacks on civil liberties.

In this respect, the Committee notes the Government’s indication that the training curriculum on freedom of association has been mainstreamed in the Police training manuals, and that the Training Centres have been conducting the trainings. The Government informs that some of the incidences reported by ZCTU are related to demonstrations that were conducted in violation of COVID-19 lockdown measures. Whilst the Government recognizes the need to uphold the principles of freedom of association, it considers that lockdown measures had to be respected to preserve human life against the backdrop of rising COVID-19 cases. The Government further indicates that the issue of alleged clashes between police and trade unions and alleged harassment by the police at roadblocks/checkpoints is an ongoing subject of discussion under the auspices of the Tripartite Negotiating Forum (TNF). According to the Government, the TNF Social Cluster was tasked to engage the Police and develop a standard checklist for use by security forces at checkpoints; it is in that context that ease of passage of workers during lockdown was facilitated, including ease of passage for trade unions and employers’ organizations. The Government expresses the hope that continued engagement under the TNF will strengthen collaboration between law enforcement organs and trade unions. The Committee requests the Government to provide detailed information on the work carried out by the TNF Social Cluster and on the progress in its engagement with the police forces. The Committee also requests the Government to provide detailed comments on the ITUC and ZCTU 2020 allegations of several new instances of violation of civil liberties in the country.

Public Order and Security Act (POSA). The Committee recalls that it had previously requested the Government to review the application of the POSA, in consultation with the social partners, with a view to making proposals to ensure with greater clarity that trade union activities were outside its scope. The Committee notes the enactment of the Maintenance of Peace and Order Act (MOPA) in November 2019. The Committee further notes the Government’s indication that before its adoption, the Bill was subject to public stakeholders’ consultations in 2019 in which all stakeholders, including the ZCTU, had the opportunity to raise their concerns or propose changes. The Government indicates that the views from these consultations were taken into consideration. The Government further informs that consultative meetings with the social partners to unpack provisions of the MOPA had been scheduled prior to the lockdown measures brought by COVID-19 pandemic and it hopes to reschedule such meetings once lockdown measures are removed. The Committee notes that, similar to the POSA in the past, relevant sections of the MOPA do not apply to public gatherings held by a registered trade union for bona fide trade union purposes for the conduct of business in accordance with the Labour Act. In this respect, the Committee notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 3339 (see 392nd Report, October 2020). In view of the concerns previously raised by the ILO supervisory bodies regarding the application of the POSA to trade union activities and its similarity to the MOPA, the Committee expects that the consultative meeting with the social partners to which the Government refers will be held as soon as possible. The Committee requests the Government to provide detailed information on the developments in this regard.

Labour law reform and harmonization

Labour Act. In its previous comments, the Committee noted with concern that, despite its numerous requests, some of which predate the 2009 Commission of Inquiry, there was no concrete progress in amending the Labour Act so as to bring it into conformity with the Convention. Noting that the social partners were concerned that the legislative reform was slow and haphazard, leading to the perception of a lack of political will to carry it out, the Committee expected that the labour law review would be concluded in full consultation with the social partners, without further delay. The Committee further noted the ZCTU’s submission that no legislative changes had occurred and that the fourth version of the draft Labour Bill did not address the requests made by the Commission of Inquiry nor by this Committee. The Committee also noted that at its meeting in June 2019, the Committee on Freedom of Association urged the Government to amend the Labour Act without further delay in consultation with the social partners (see 389th Report, June 2019, Case No. 3128, paragraphs 103–109).

The Committee notes the Government’s indication that the draft Labour Bill had been thoroughly examined by the Government and the social partners at a stakeholders’ meeting convened from 30 September to 1 October 2019 and that amendments were made taking into consideration the proposals by the social partners. An agreement was reached with the social partners to allow the drafters to polish the Bill in line with the outcomes of the meeting. The revised Bill was submitted to the social partners for their comments. The Government points out that while the employers’ side consented to the revised Bill and proposed that the Bill be processed, the labour side submitted new requests for amendments that had not been discussed in previous meetings. These and subsequent requests were submitted to the Attorney General’s Office with the view to finalize the draft Bill. The Government indicates that there has been an agreement to fast track the Bill in its current form to ensure that it is tabled before the 9th Parliament of Zimbabwe as soon as possible.

Public Service Act and Health Services Act. The Committee had also previously requested the Government to ensure, in consultation with the social partners, that under the Public Service Act, staff of the Civil Service Commission enjoyed the rights enshrined in the Convention and that legislative provisions dealing with the registration of organizations of public servants would be sufficiently clear so as not to give rise to possible interpretation of the law as giving discretionary power to the authorities to refuse the registration of an organization.

The Committee notes the Government’s indication that there have been consultations with worker representatives of the Civil Service under the auspices of the National Joint Negotiation Council, which is a bipartite Collective Bargaining Chamber between the Government and worker representatives in the Civil Service. The Government indicates that this matter was raised in the TNF meeting held on 7 February 2020, and that the Civil Service worker representatives of the TNF expressed satisfaction with the consultations that had been conducted so far. The Committee further notes the Government’s indication that the amendment of the Public Service Act is currently with the Attorney General’s Office, waiting for necessary constitutional amendments that have a bearing on the Act, and that the Constitutional Amendment Bill is currently under Parliamentary public consultations.

The Committee recalls that it had previously noted the ZCTU’s indication that the Health Services Act required reforms as it mostly duplicated the Public Service Act, in particular regarding freedom of association and collective bargaining rights. The Committee notes the Government’s indication that it is currently embarking on a re-organization exercise of the health sector to address the challenges including those faced during the COVID-19 period. It indicates that there is a commitment for a holistic review of the enabling legislation and that this will also be brought to the TNF for consideration.

The Committee notes with concern that according to the most recent ZCTU’s observations, there has been no progress with respect to the legislative changes requested by the ILO supervisory bodies and that the process of the tripartite dialogue on the labour law reform remains uncompleted. The Committee further notes the concerns expressed by both the ZCTU and the ITUC regarding the functioning of the social dialogue institutions, the TNF and the Bipartite Negotiating Panel in the health sector.

While noting the information provided by the Government, the Committee expects that the Labour Act, Public Service Act and Health Services Act will be brought into conformity with the Convention without further delay and in full consultation with the social partners, and requests the Government to provide information on all progress made in this regard, including copies of the legislative acts as soon as they are enacted.

The Committee noted in its previous comment that the Tripartite Negotiating Forum (TNF) Act was enacted and that the TNF was launched on 5 June 2019. In this respect, the Committee notes the Government’s indication that since the enactment of the TNF, there has been a lot of engagement with the social partners with a view to strengthening social dialogue in Zimbabwe. The Government reports on a number of meetings held to discuss the issues of the TNF’s terms of reference and operationalisation. The Government further informs that despite the limitations stemming from the COVID-19 lockdown measures, the TNF has held a number of meetings virtually, mostly on matters to mitigate challenges induced by COVID-19 and that the recommendations of the COVID-19 National Taskforce emanated from the TNF discussions. The Committee notes the ZCTU indication that while it brought some of the issues relating to the protective measures against COVID-19 to the TNF, no discussions have taken place. The Committee requests the Government to provide its observations thereon.

The Committee expects that the operationalization of the TNF will allow for labour law reform and public service legislation harmonization to be concluded without further delay.

[The Government is asked to reply in full to the present comments in 2021.]