Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 332, Novembre 2003

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

• Industrial action in respect of questions of economic and social policy
  188. 188 At its June 2003 meeting, the Committee had noted the amendments made to the Labour Relations Amendment Act, and had noted that the various definitions given to the term “unlawful collective job action” may raise difficulty in respect of the right to strike. It requested the Government to indicate the manner in which, under current law, it is ensured that industrial action may be taken in respect of questions of economic and social policy without sanctions [see 331st Report, para. 104].
  189. 189 In a communication dated 28 July 2003, the Government states that the Labour Relations Amendment Act, which was passed by Parliament on 18 December 2002, was promulgated into law on 7 March 2003 as the Labour Relations Amendment Act No. 17/2002. With regard to the possibility to take industrial action in respect of questions of economic and social policy, the Government states that “the seeking of solutions to economic and social policy questions and problems facing the undertaking which are of direct concern to the workers”, to the extent that they are disputes of interests, can appropriately be addressed by collective job action. It further states that the definition of “collective job action” does not seek to broaden the grounds of collective job action by extending the right to question economic and social policy per se (such questions according to the Government are in the realm of political issues as opposed to labour issues), but confines it to the economic and social questions related to the undertaking.
  190. 190 The Committee concludes that the legislation does not allow workers and their organizations to take industrial action in respect of questions of economic and social policy. The Committee therefore reiterates it previous principles and requests the Government to amend the Labour Relations Amendment Act No. 17/2002 to ensure that industrial action may be taken in respect of questions of economic and social policy, without sanctions.
• Sanctions in case of unlawful collective job action of the Labour Relations Amendment Act (sections 109 and 112)
  191. 191 The Committee noted that, in the case of unlawful collective job action being organized as strictly defined in the legislation, excessive sanctions are provided. Sections 109 and 112 establish possible imprisonment of the individual engaged in an unlawful collective job action, while section 107 gives the power to the Labour Court to dismiss the individual engaged in such action and to suspend or rescind the registration of the trade union involved in such action. The Committee requested the Government to amend the legislation so as to bring it into conformity with freedom of association principles on this point [see 331st Report, para. 105].
  192. 192 The Government states that sections 109 and 112 provide in case of illegal strikes for maximum penalties, which are not mandatory; moreover, the levels of fines are proportionate to the prison terms.
  193. 193 The Committee reiterates its previous principles and requests once again the Government to amend the Labour Relations Amendment Act No. 17/2002 so as to bring it into conformity with the freedom of association principles so as to guarantee that no imprisonment sanctions are taken in case of peaceful strikes and that the sanctions are proportionate to the seriousness of the infringements.
• Assault on the trade union leader, Mr. Morgan Tsavangirai
  194. 194 With regard to the assault on Mr. Tsavangirai, the Committee urged the Government to ensure that an independent investigation is fully carried to its term with the aim of identifying and punishing the guilty parties [see 331st Report, para. 106].
  195. 195 The Government maintains its position that instituting a judicial inquiry over the assault of the former secretary of the ZCTU would create a wrong precedent.
  196. 196 The Committee is deeply concerned about the fact that more than three years after the first examination of the case and repeated demands to that effect, the Government maintains the same position and does not intend to conduct an investigation. The Committee reiterates its previous conclusion and urges the Government to ensure that an independent investigation is fully carried to its term with the aim of identifying and punishing the guilty parties.
• Investigation into the arson of the ZCTU offices
  197. 197 The Committee had requested the Government to keep it informed of developments concerning the investigation into the arson of the ZCTU offices [see 331st Report, para. 106].
  198. 198 The Government states that the matter is still pending since nobody has so far been identified as the perpetrator.
  199. 199 The Committee recalls that the legal proceedings have been pending since December 1998. The Committee emphasizes that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, op. cit., para. 105]. The Committee urges the Government to take the necessary measures to conduct an inquiry in order to identify the perpetrators and to keep it informed of the measures taken in this regard, as well as the results of the investigation.
• Temporary ban on industrial action in November 1998
  200. 200 The Committee had asked the Government to keep it informed of the judgement of the High Court concerning the temporary ban on industrial action issued in November 1998.
  201. 201 The Government states that the temporary ban on industrial action, which was imposed in 1998 and subsequently lifted in 1999, was never decided by the High Court.
  202. 202 The Committee stresses that only in cases of acute national crisis important restrictions could be imposed on the right to strike [see Digest, op. cit., para. 527].
  203. 203 The Committee requests the Government to keep it informed on developments on all the questions raised.