Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 344, Mars 2007

1333. The Committee has already examined the substance of this case on three occasions, most recently at its June 2006 meeting, where it presented an interim report to the Governing Body [see 342nd Report, paras 1040–1053, approved by the Governing Body at its 296th Session].

1. 1334. The complainant submitted additional information in support of its complaint in a communication dated 28 September 2006. The Government provided its additional observations in communications dated 6 September, 14 September, 1 October and 17 October 2006.
2. 1335. Zimbabwe has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

Background

1. A. Previous examination of the case
2. 1336. In its previous examination of the case, the Committee made the following recommendations [see 342nd Report, para. 1053]:
3. (a) The Committee strongly urges the Government to be more cooperative in the future.
4. (b) The Committee strongly urges the Government to keep it informed on developments concerning the dismissal of 56 workers at the Netone company, and to provide it with any judgement handed down in this respect.
5. (c) The Committee firmly urges the Government once again to keep it informed of developments on the situation at Zimpost and at TelOne company, and to provide detailed information on the reasons for the arrest of the following trade union leaders and members: Mr Sikosana, arrested in Bulawayo on 11 October 2004, and six other union members arrested in Gweru; Messrs. Mparutsa, Mereki and Kaditera, arrested in Mutare; Messrs. Marowa, Mhike, Nhanhanga and Chiponda, arrested on 6 October 2004; Messrs. Khumalo, Ngulube and Munumo, arrested on 11 October 2004.
6. (d) The Committee firmly urges the Government to provide it with a copy of the judgement handed down against Mr Choko and eight other trade unionists, for their participation in a demonstration on 18 November 2003 in Bulawayo.
7. (e) The Committee urges the Government to ensure that Mr Takaona is rapidly reinstated in his functions at Zimpapers, or in an equivalent position, without loss of pay or benefits and to keep it informed of developments in this respect.
8. (f) The Committee firmly urges the Government to encourage the employer to reconsider the transfer decision affecting trade union leader Mr Mangezi, with a view to permitting his return to his initial workplace in due course, if he so desires. It requests the Government to keep it informed of developments in this respect.
9. (g) The Committee reiterates its deep concern with the extreme seriousness of the general trade union climate in Zimbabwe, and once again calls the Governing Body’s special attention to the situation.
10. (h) The Committee requests the Government to accept a direct contacts mission.
11. B. New allegations
12. 1337. In its communication of 28 September 2006, the ICFTU submitted additional information referring primarily to acts of intimidation, harassment, and violence against trade union officials and trade unionists that occurred from February 2005 to September 2006.
13. Update on the 5 August 2005 arrests of four trade union leaders
14. 1338. With respect to the arrest of four leaders from the Zimbabwe Congress of Trade Unions (ZCTU) in Gweru on 5 August 2004 (Lucia Matibenga, ZCTU Vice-President; Wellington Chibebe, ZCTU Secretary-General; Sam Machinda, Vice-Chairperson, ZCTU central region; and Timothy Kondo, ZCTU Advocacy Officer), which the complainant had referred to in a previous communication, the complainant now states that Ms Matibenga, Mr Machinda, and Mr Kondo’s cases were heard on 3 November 2004 and the charges against them subsequently withdrawn. As regards the case against Mr Chibebe, it was dismissed for lack of evidence.
15. Interference by the authorities in the union’s international cooperation activities
16. 1339. The complainant cites several instances aimed at obstructing international trade union cooperation, including the harassment and deportation of foreign trade unionists. On 9 February 2005, two South African trade union educators, Bobby Marie and Vichemina Prout, were deported by Zimbabwean immigration officers. Both were in Zimbabwe at the request of the Southern African Trade Union Co-ordinating Council (SATUCC) to discuss with the ZCTU the issue of establishing a trade union school for workers in southern Africa. Upon arriving in Harare, they were told by immigration officers that all trade unionists needed “security clearance letters” from the Ministry of Labour. As they had none, they were sent back on the same flight.
17. 1340. On 29 October 2005, two representatives from the United Federation of Danish Workers (3F) received information that a team had been sent to beat them up during their visit to the Federation of United Clothing, Textiles and Leather Workers of Zimbabwe (FUCTLWZ). The complainant states that the two officials, Arne Skov Andersen and Silva Mulambo from 3F’s regional office in Maputo, Mozambique, had arrived on 26 October 2005 to plan a new phase of cooperation with the FUCTLWZ; they quickly left the country, however, upon being informed that a team from the Zimbabwean Central Intelligence Organization (CIO) was being dispatched to “deal with them”.
18. 1341. On 13 December 2005, police at Harare International Airport confiscated the passport of Raymond Majongwe, General Secretary of the Progressive Teacher’s Union (PTUZ) and a member of the ZCTU, who had returned from an ILO HIV/AIDS workshop in Nigeria. Majongwe was said to be on the Government’s list of “sell-outs”, whose passports the police were under orders to confiscate to prevent them from travelling abroad. Although Majongwe’s passport was returned to him following an intervention by the organization “Zimbabwe Lawyers for Human Rights” the complainant maintains that the confiscation is yet another example of the Government’s harassment of trade unionists and obstruction of international solidarity between Zimbabweans and foreign trade unionists.
19. 1342. On 1 March 2006, South African labour activist Pat Horn of the organization “Street Net” was deported from Zimbabwe. She was to facilitate an educational event at the ZCTU Silver Jubilee School. On 20 March 2006, the Dutch consultants Bagani Ngeleza and Jeff Handmaker were deported. They were working for the Netherlands Trade Union Confederation, Federatie Nederlandse Vakbeweging (FNV), and were to evaluate a ZCTU programme funded by the FNV.
20. 1343. The complainant states that Ms Alice G. Siame, a Norwegian Confederation of Trade Unions (LO Norway) consultant for Africa and a Zambian national, entered Zimbabwe on 16 May 2006 but was then escorted by force to Harare airport, where she stayed overnight, and was put on a plane to Johannesburg, South Africa, the following morning. The LO Norway’s programme officer for Africa, Nina Mjonberg, was also denied entry under article 31(1)(b) of the Immigration Act and forced to return on the same plane she arrived in. The trade unionists Jan Mahlangu from South Africa and Wiep Basie from Holland were also denied entry, as was Zwelinzima Vavi, the General Secretary of the Congress of South African Trade Unions (COSATU) (a South African affiliate of the ICFTU), who was invited as a guest of honour to the ZCTU Congress. The complainant adds that Mr Vavi was not only denied entry but also labelled a security threat and declared persona non grata, permanently preventing him from entering Zimbabwe.
21. 1344. On 22 September 2006, on the International Day of Action against the torture that took place on 12 and 13 September, the Zimbabwe Government refused to allow a delegation of United States trade union leaders into Zimbabwe to meet with injured leaders of the ZCTU. A four-person labour delegation of the AFL-CIO constituency group, the Coalition of Black Trade Unionists led by AFL-CIO Vice-President, William Lucy, was denied entry into Zimbabwe by government officials and forced to return to South Africa.
22. Government interference in ZCTU affairs to oust the union’s leadership
23. 1345. The complainant states that throughout 2005 the ZCTU and its leadership were continually harassed by the Government, both openly and through the use of “agents provocateurs” who attempted to oust the existing ZCTU leadership. The ICFTU alleges that there were press reports stating that sources from inside the CIO had confirmed that it was planning to destabilize the ZCTU by creating internal strife and replacing its internal existing leadership through paying leaders from ZCTU affiliates to demand that the leadership be replaced. Those sources had reportedly also stated that it would not allow the current ZCTU leadership to stay.
24. 1346. According to the complainant, at the beginning of March 2005, a series of articles started to appear in the press, quoting disgruntled leaders whose unions were affiliated to the ZCTU. The said leaders accused the ZCTU leadership of corruption, fraud, and of taking decisions without consulting the ZCTU membership. On 19 March, three dissenting trade union leaders of ZCTU affiliates disrupted a ZCTU Executive Council meeting in Harare; they organized a group of 40 demonstrators, who charged the ZCTU leadership with mismanaging union affairs and called for their resignation. The group was led by Nicholas Mazarura and Kumbirayi Kudenga of the Zimbabwe Construction and Allied Workers’ Union (ZCAAAWU) and a group that called itself the Aggrieved Affiliates Workers’ Union (AAAWU). The complainant states that the ZCTU leadership informed it that it was certain that the Government was behind these attacks, and that some of the disgruntled leaders had suddenly been able to pay off financial debts. Furthermore, as part of its campaign against the ZCTU, the Government stated on 15 March 2005 that it would not let the ZCTU monitor the parliamentary elections, contrary to previous practice.
25. 1347. On 6 April 2005, a ZCTU General Council meeting to discuss preparations for May Day was disrupted by Langton Mugeji, Nicholas Mazurura and Farai Makanda, all members of unions affiliated to the ZCTU. They tried to force the meeting to discuss a motion calling for the ZCTU leadership to resign amid allegations of corruption and fraud, and upon failing to secure such a motion began to man-handle General Council members, causing the meeting to be abandoned.
26. 1348. On 23 April 2005, the complainant states that Mr Matombo, Ms Matibenga, Mr Chibebe and Tabitha Khumalo were physically attacked by agents provocateurs from two ZCTU affiliates – the Construction Workers’ Union and the Leather Workers’ Union – whom the ZCTU believes were acting under the influence of the Government. On that day, hooligans hired by the two affiliate unions attacked ZCTU members at a meeting and demanded that the General Secretary resign. Due to these violent personal attacks Mr Matombo, Ms Matibenga, Mr Chibebe and Ms Khumalo all managed to obtain court-issued peace orders to safeguard the security of their persons. The complainant alleges that the AAAWU maintains that leaders who did not hold jobs in the industry they were representing did not have a constituency, and consequently could not represent workers; the ZCTU leadership should therefore step down. The AAAWU maintains this view despite the fact that ZCTU leaders such as Mr Matombo lost their jobs as a direct result of their trade union activities. The complainant adds that there are no internal ZCTU rules requiring union officials to be employed in the sector they represent.
27. 1349. In a letter dated 26 May 2005, Mr Mazarura, the AAAWU spokesperson, indicated that the General Council had decided to appoint an investigative committee to examine accusations made by his group that:
28. – the payment of a salary to Mr Matombo and the use of the ZCTU’s vehicles were unauthorized;
29. – Ms Matibenga was no longer employed in the commercial sector, which she represented when she was elected in 2001, and should therefore be removed from the ZCTU leadership;
30. – Ms Khumalo had no constituency but was still elected to the General Council due to the personal interest of the leadership;
31. – the management of the Informal Sector Account is unconstitutional because Mr Chibebe and the officer of the Informal Sector Project are the only signatories to the account. Furthermore, the account had been abused and the concerned unions had filed a complaint with the police, who had opened an investigation;
32. – there had been a general mismanagement of funds, and management, financial, and audit reports were not submitted to the General Council;
33. – property was purchased without proper authorization from the General Council; and
34. – COSATU had been invited to take part in a fact-finding mission without the General Council’s express permission.
35. 1350. In May 2005, the Government used its power to select trade union representatives to Zimbabwe’s delegation to the International Labour Conference (ILC) to intensify the government-fomented internal strife. By not sponsoring the official candidates of the ZCTU, namely its democratically elected President, Lovemore Matombo, and its General Secretary Wellington Chibebe, it hoped to help bring about a change in the leadership. It decided to sponsor members of the AAAWU and invited Elias Mlotshwa, the second Vice-President of the ZCTU at the time, as the official delegate, and Mr Edmund Ruzive, the third Vice-President, to be the adviser and substitute delegate. Despite the government backing, the lack of a proper mandate from Zimbabwean workers themselves eventually made Elias Mlotshwa decline the government sponsorship. However, the Government and the AAAWU continued to try to sidestep the real representatives of the ZCTU and, on 26 May, Nicholas Mazarura, spokesperson for the AAAWU, wrote to the Director-General of the ILO to denounce the ZCTU leadership and support the candidature of Edmund Ruzive, instead of Elias Mlotshwa as he had “chickened out”, as it was phrased in the AAAWU letter. The Government contended that it played no role in the selection of the candidates from the ZCTU. They were informed by the ZCTU that President Lovemore Matombo, his deputy Lucia Matibenga, General Secretary Wellington Chibebe and Tabitha Khumalo, were all under investigation and suspended from the leadership. This was the only reason why the government subsequently invited the second and the third Vice-Presidents. The Government had demanded that the four legitimate representatives of the ZCTU prove that they had not been suspended by reproducing the minutes of the meeting on 23 April 2005. According to the Government, it had not received such proof and therefore it could not select the elected leadership of the ZCTU. The complainant points out that the Government did not ask the AAAWU to provide proof of the alleged suspension in the form of written minutes or any other proof concerning the allegations of fraud, nor did the AAAWU provide any such evidence. The complainant is of the opinion that this clearly demonstrates that the Government unduly attempted to interfere in the ZCTU’s internal affairs by creating strife over who would attend the ILC on behalf of the ZCTU and attempting to impose government-friendly fractions. In the end the ICFTU sponsored the ZCTU President Lovemore Matombo’s trip to Geneva and ensured his participation in the Conference.
36. 1351. There were further attempts to discredit the ZCTU General Secretary. On 5 July, a group of more than 20 people thronged the ZCTU offices in search of Wellington Chibebe, threatening to beat him up. When they failed to locate him they went outside and began singing derogatory songs about him. This was all recorded by ZBC, the public television station. All the action seemed to be scripted. Then on 6 July, a demonstration was staged at the ZCTU headquarters accusing Chibebe of going outside his mandate, alleging that he had been part of a group calling for a global ban on asbestos at the ILO. The demonstrators also accused the leadership of participating in the activities of the opposition Movement for Democratic Change (MDC). This was all perceived by the ZCTU as part of the Government’s campaign to discredit its leadership.
37. 1352. Tabitha Khumalo and Phoebe Vhareta from the ZCTU Women’s Advisory Council (WAC) were assaulted at a WAC meeting on 9 July by people from the AAAWU. They declared that they would continue to disrupt all ZCTU activities until the leadership resigned. A group of AAAWU members and youths suspected of being hired to carry out the assault, reportedly got into a conference room at the Quality International Hotel where the women were having a meeting of the WAC. They are reported to have started disrupting the meeting. The intruders reportedly proceeded to assault Phoebe Vhareta and Tabitha Khumalo. Ms Khumalo was subsequently admitted to the Avenues Clinic for an X-ray as she was badly injured. The ZCTU believed the group was supported by the Government as part of its attempt to replace the ZCTU leadership.
38. 1353. The complainant states that, according to the government-sponsored AAAWU, up to 17 affiliates were dissatisfied with the leadership. However, this was proved wrong with a statement of support made by 30 out of 35 affiliates on 10 August 2005 (the list is attached to the complainant’s new allegations as Appendix 1). Following the many accusations by the AAAWU and their contention that 17 affiliates were discontent with the leadership, the ZCTU leadership decided to call on its affiliates to express whether they supported the leadership or not on 14 July. The five unsatisfied members were the Zimbabwe Construction and Allied Trades Workers’ Union, the Associated Mine Workers’ Union of Zimbabwe, the Transport and General Workers’ Union, Zimbabwe Leather Shoe and Allied Workers’ Union and the Zimbabwe Union of Journalists. The latter expressed its support for the ZCTU, but did not want to take position either in favour of or against the leadership. The leaders of the other four affiliates, who were responsible for creating the strife by attacking the ZCTU in the media, assaulting and disturbing general council meetings, hiring thugs to disrupt ZCTU activities, and trying to represent the ZCTU without a proper mandate at international forums, and with international partners such as the 1LO and the ICFTU, were suspended according to article 15, paragraphs 4 and 5 of the ZCTU’s constitution, according to which members can be expelled if they act in a manner that is detrimental to the interests of the ZCTU.
39. Raid on ZCTU headquarters
40. 1354. On 13 May 2005, police raided the ZCTU’s headquarters on the ninth and tenth floor of Chester House, Harare, in search of any evidence of foreign currency transactions, as part of the state’s tightened grip on the operations of civic and labour organizations. The police also hinted that they suspected the ZCTU of committing fraud against some of its affiliates. Police led by detective inspector Mambambo let four officials from the National Economic Conduct Inspectorate (NECI), Bernard Savanhu, Mapanzure, Musiiwa and Sango conduct the search. They rampaged through checkbooks and bank statements as well as files in the organization’s accounts, informal sector, and health and safety departments, despite protests from the legal adviser of the ZCTU, Ms Tsitsi Mariwo. They seized files, computer diskettes and Mr Savanhu also took foreign currency in the following amounts: US$27, UK£40, 2,500 Zambian kwacha (ZMK) and €110, although he was informed by the ZCTU’s legal adviser that the money belonged to a ZCTU officer and not the ZCTU. The ZCTU was of the opinion that the seizure of the abovementioned material and money was illegal and filed a lawsuit (Case No. 2401/05 dated 24 May 2005) against the Minister of Home Affairs, Kembo Mohadi, a senior detective, and Police Commissioner Augustine Chihuri to the High Court. The ZCTU filed the lawsuit on the grounds that its property was seized illegally, the search warrant was couched in vague and general terms and did not cover the seized material, and the search warrant did not specify which offence the ZCTU was suspected of that could justify the search of their premises. The urgent chamber application was also filed with a view to having the unlawfully seized material returned. The material seized included disks used for the work of the union and most importantly the current checkbooks of the union. Without full access to its funds, the operations of the union were severely paralysed.
41. Government investigation into union finances
42. 1355. In October 2005, the Ministry of Labour organized a consultative meeting with the General Council of the ZCTU after the removal from office of the AAAWU members. The Government then started a preliminary investigation in November 2005 concerning reports of alleged financial malpractices and breaches of the ZCTU’s constitution, allegedly based on complaints from the suspended AAAWU members. This preliminary investigation led to the appointment of an official investigator at the end of 2005. On 28 December the Minister of Labour, Nicholas Goche, announced that he had appointed an investigator: Tendai Chatsauka, a professional auditor to probe into the affairs of the ZCTU following accusations of gross embezzlement of funds, corruption and breaches of the organization’s constitution. According to the Labour Relations Act, section 120, the Minister may order an investigation into a union (or employers’ organization) if there is reasonable grounds to suspect that property or funds of the union are being misused or embezzled, or that affairs are conducted in a manner that is detrimental to the interests of its members. According to the Government, the investigation was ordered after numerous complaints from ZCTU affiliates. The complaints allegedly contained several reported cases of financial misconduct and embezzlement, amongst others the payment of a salary to ZCTU President Lovemore Motombo amounting to 15 million Zimbabwean dollars (ZW$). The complainant states that the Minister of Labour claimed he had stressed the vital importance of sticking to the facts and not to targeting individuals to the investigator, Mr Tendai Chatsauka, a professional auditor, at a meeting they held on 28 December 2005. The tasks of the investigator included investigation into the operations of the ZCTU under its informal sector project account (allegedly the project was not managed in conformity with the ZCTU’s constitution), the financial administration handbook and other rules of the ZCTU. The investigation would also look into the purchase of property in Harare, Chinhoyi, Gwere, Masvingo, Bulawayo and elsewhere.
43. 1356. Mr Nicolas Mazarura of the Zimbabwe Construction and Allied Trades Workers’ Union had also reportedly complained on behalf of Edmund Ruzive and Joseph Midzi both from Associated Mine Workers’ Union of Zimbabwe, Mr Langton Mugeji from the Zimbabwe Leather, Shoe and Allied Workers’ Union, Farai Makanda from the Transport and General Workers’ Union and himself against their suspension from the ZCTU General Council. According to the five, they had been suspended due to unfounded accusations by the leadership of the ZCTU, namely that they allegedly had questioned whether to maintain the name ZCTU. Furthermore, Mr Charles Gumbo, Mr Benson Ndemera and Mr Leyson Mlambo had complained to the Minister about their removal from office in the ZCTU.
44. 1357. According to the complainant, the probe was yet another attempt by the Government to replace the leadership of the ZCTU by government-friendly fractions. The ZCTU has itself submitted documentation relating to this matter to the ILO. Despite their suspension and their complaints to the Government against the ZCTU leadership, representatives of the AAAWU were invited to the sixth ZCTU Congress in May 2006 and were given full rights and representation at the Congress.
45. 1358. The investigation was initially due to end in March 2006 but when the investigator failed to find incriminating evidence, the Government decided to prolong the mandate of the investigator until further notice. The ZCTU feared that the Government would use the investigation to make trumped up charges against them in order to prevent them from standing for re-election at the ZCTU Congress, which was planned for the first semester of 2006. Fortunately, the government-appointed investigator did not manage to conclude the investigation before the ZCTU Congress, during which the present leadership was re-elected in the presence of several international observers.
46. 1359. On 19 July 2006, the executive summary of the investigation report was read out to the ZCTU by the Minister of Labour but not until later were the conclusions of the report made available, making a number of allegations concerning the exchange of currency and the misuse of union funds. The investigator handed his report over to the police for further action.
47. 1360. On 8 August, Wellington Chibebe, General Secretary of the ZCTU, was interrogated by the Serious Fraud Section of the Criminal Investigation Department. The interrogation concentrated on the allegations of his responsibility for illegal foreign currency exchange as signatory to ZCTU bank accounts. This case had already been investigated before and had been dropped by the police. However, after the report of the investigator the case was revived.
48. Arrest, detention, intimidation and harassment
49. of trade unionists, 2005–06
50. 1361. The ZCTU President, Lovemore Matombo, General Secretary, Wellington Chibebe and WAC Secretary, Tabitha Khumalo, all received death threats after the Zanu Patriotic Front (PF) party won the country’s general elections at the end of March 2005. The authorities were again said to be planning to “eliminate” the labour leadership, and weight was given to these threats by the news that the former head of the CIO had been appointed as Minister of Labour.
51. 1362. On 27 April 2005, police stormed and called off a ZCTU meeting at the Helenic Club in Mutare, which was held in preparation of May Day 2005. Five ZCTU Regional Council members and one General Council member were arrested. According to the complainant, the police alleged that the meeting contravened the provisions of the Public Order and Security Act (POSA), according to which the police have to give prior approval for public meetings. However, trade unions are exempted from seeking approval according to the law and May Day preparations are a legitimate trade union activity. The complainant states that, on several other occasions, the police have cited POSA provisions to quell trade union activity – even though the Government had repeatedly provided guarantees to the ILO to the effect that POSA did not apply to or restrict trade union activities. Before the Committee on the Application of Standards of the 95th International Labour Conference (Geneva, June 2006), for instance, the Minister of Public Service, Labour and Social Welfare, indicated that POSA was never meant to interfere with trade union activities but rather had been enacted for counter-terrorism and national security purposes. The abovementioned incident in Mutare, the complainant alleges, is just one example of the systematic use of POSA by the authorities to obstruct legitimate trade union activities.
52. 1363. On 28 April 2005, six ZCTU activists, including Nathan Banda, the ZCTU Health and Safety Coordinator, were arrested for taking part in a Health and Safety Day march organized by the National Social Security Authority (NSSA) to celebrate International Commemoration Day for Dead and Injured Workers. The march was also ended by the police due to the ZCTU’s participation, even though they had been authorized to participate in the march. Apart from Banda, the other unionists arrested were: Elijah Mutemeri, Vmbai Mushongera, Nyikadzino Madzonga and two activists from the Bindura Nickel Mine. The unionists were under arrest for over an hour whilst NSSA officials negotiated their release with the police.
53. 1364. The Projects Committee of the Commercial Workers’ Union of Zimbabwe (CWUZ) was prevented from holding a meeting on 12 May after security guards from the Chinotimba Security Company surrounded the building, preventing staff from leaving or entering. The Chinotimba Security Company is run by Joseph Chinotimba, a war veteran and one of the founders of the government-affiliated Zimbabwe Federation of Trade Unions (ZFTU). The security guards alleged that the meeting was illegal and when the police eventually arrived, they forced people to leave and the meeting had to be abandoned. The following day the security guards returned, this time stating that the CWUZ’s National Executive Committee meeting scheduled later that day should also be cancelled. The meeting was subsequently cancelled.
54. 1365. In Zimbabwe, the harassment against ZCTU activists continued. Mr Percy Mcijo, Mr David Shambare and Mr Ambrose Manenji were picked up from their homes in Bulawayo at 5 a.m. on 9 June 2005 and taken to the police station. They were accused of organizing a two-day job stay-away that took place on 9 and 10 June. The stay-away was part of a national general strike organized by the opposition parties. The police detained 30,000 people during the strike and demolished thousands of homes and businesses. The police had said they were dealing “ruthlessly” with any street protests.
55. 1366. On 15 July, a ZCTU leadership workshop to validate the draft pension scheme was disrupted at the Bronte Hotel, Harare, when an unknown person stormed the meeting and started splashing human waste on the participants. The meeting was adjourned for an hour and the person was taken away by the police and later released.
56. 1367. The complainant also indicates that, on 4 August 2005, Mr Bright Chibvuri, a journalist at The Worker, a newspaper published by the ZCTU and Mr Lovemore Madhuku, human rights defender and Chairman of the National Constitutional Assembly (NCA), a grouping of independent NGOs dedicated to the promotion of democracy and the rule of law in Zimbabwe, were arrested during a demonstration in favour of constitutional reforms on 4 August 2005. The police called in a riot squad in order to foil the public protest, and Mr Bright Chibvuri and Mr Lovemore Madhuku were charged under section 19 of the POSA for being involved in gatherings conducive to riot, disorder or intolerance. If they were found guilty they could be liable for a fine of up to ZW$50,000 and/or up to ten years imprisonment. Both men were released the following day on a bail of ZW$250,000, but have since been summoned to court on several occasions; however a final trial date has yet to be set.
57. 1368. On 7 August 2005, junior- and middle-ranking medical doctors, who went on strike during the first week of August, were ordered back to work by the Government failing which they would face detention. During the strike’s second week the doctors were visited by people whom they suspected were state security agents, who told them that for their own good they should go back to work or face arrest for breaching the Essential Services Act. The doctors, who earn a basic salary of ZW$5.7 million a month (about US$57) were demanding a salary increase to ZW$47 million (about US$474) and better working conditions. In addition to visits by the security agents, the Deputy Minister of Health, Edwin Muguti, told the doctors they would be arrested if they did not go back to work. The strikers called off the strike as the patients were suffering and hundreds of new patients were being turned away from the hospitals.
58. 1369. Harry Taruva, an English teacher at Mambo High School in Gweru and a member of the Progressive Teachers’ Association (PTUZ) was forcibly taken away for questioning on 20 September 2005 and tortured by two people claiming to be from the CIO. Mr Taruva was forced into a white Mazda B1600 truck around 10.30 a.m. in front of fellow teachers and students, despite protests from the Headmaster of the school. He was brought to a place called Agritex offices, also known as “Chinyavada” where he was interrogated and subsequently tortured for belonging to the PTUZ, teaching opposition policies to the students and associating with the General Secretary of the PTUZ, Raymond Majongwe.
59. 1370. Lucia Matibenga, the General Secretary of the CWUZ and leader of the MDC Women’s Assembly, was ordered to report to the police station in Gweru, where she lives. Instead she was handcuffed and taken by a public bus to Harare with two police escorts on 19 October 2005. The police said they had to use the bus as they did not have fuel or a vehicle to take her to the Harare Central Police Station. Lucia Matibenga told the media that she believed her arrest was connected with her position in the CWUZ, as their offices had been invaded in May 2005 by people trying to remove the union executive in connection with the government-fomented move to remove the leadership of the ZCTU, but the CWUZ had successfully challenged this in the courts and the union was operating normally again.
60. 1371. Over 1,254 workers represented by the Communications and Allied Services Workers Union (CAAAWUZ), a trade union duly registered in accordance with the laws of Zimbabwe to represent the interests of workers in communications and related industries, were fired without benefits by the management of the government-operated telecommunications company (TelOne) after engaging in a strike over a salary dispute on 6 October 2004. The “employers had refused and/or failed to implement the recommendations of an independent arbitrator to increase the salaries of the workers at the recommendation of the Labour Court. After having pursued all relevant avenues to settle the matter amicably, the workers then resorted to collective job action. The workers, through their representation, complied with the requirements under the Labour Act to give proper notice of intention to embark on action. All attempts to stop the action as unlawful and illegal by management were successfully challenged by the workers’ union in court. The management of TelOne, having tried in vain to successfully challenge the job action, resorted to dismissing all the workers on the basis that they had violated the code of conduct. The workers then appealed to the High Court, which decided in their favour on 26 October, stating that the employers could not dismiss them on the basis of a code of conduct, when it is not in conformity with the law. According to the judgement “a code of conduct does not override the authority of Acts of Parliament, but merely regulates the employer and employee relationship”. This effectively meant that the dismissals were considered null and void. On Monday, 30 October 2005, following the decision of the High Court, 300 workers proceeded to the offices of their employers with a view to resuming work as the court had ruled that they had been illegally dismissed and had to be reinstated effectively. They were met with resistance at their usual work premises. In protest at the failure by their employer to meet, discuss and respect the court order, the workers resorted to a peaceful and non-violent night vigil at the premises of their employers. Around 10 p.m., Inspector Moyo of the Zimbabwe Republic Police in the company of Mr Chikwaya, a senior security manager with TelOne, came to address the workers, whose numbers by now had reduced to about 72 as others had sought shelter in the nearby buildings and passageways. Inspector Moyo and Mr Chikwaya misled the workers into believing that the management was prepared to discuss issues with them at Harare Central Police Station. They protested against the idea of going to the police at such an hour but were then force-marched to Harare Central Police Station. Upon arrival at around 2.30 a.m., the workers established that the management of TelOne were nowhere near the police station; neither were they prepared to enter into meaningful discussions. Meanwhile, Inspector Moyo and his team summoned the riot police to come to the gathering at the police station. When the riot police arrived around 3 a.m., they immediately switched off the lights in the area of the police station housing the workers and indiscriminately started beating the workers. The riot police used batons sticks and booted feet to beat the defenceless workers. About 16 of them were treated for various injuries and one was treated for a head injury.
61. 1372. Two ZCTU officials in Bulawayo were arrested during the night of 7 November 2005 and a third arrested early in the morning of 8 November for their involvement in planning a march on the National Action Day against Poverty on 8 November. They were arrested even though they had respected the requirements set forth in the law and notified the police ahead of the planned march on 8 November.
62. 1373. Police arrested 118 ZCTU members in Harare, 41 in Mutare, six in Gweru and five in Bulawayo. Among the arrested were General Secretary Wellington Chibebe and President Lovemore Matombo. They were arrested in the city centre on their way to the corner of Nelson Mandela and Leopold Takawira streets, the starting point of the ZCTU’s anti-poverty march. The march was organized to protest against poverty, hunger, unemployment, high inflation and high transportation costs. The protesters were calling for proper wages, a reduction of income tax from 40 per cent to 30 per cent, availability of anti-retroviral drugs and a halt to the import of cheap goods from Asian countries. According to the ZCTU, the life of workers had never been poorer, with mass unemployment and a 360 per cent inflation rate. The protestors also planned to deliver a petition to the Labour Minister on all the above issues. The march lasted only ten minutes before riot police armed with batons, shields and dogs intervened and arrested 118 participants, who were singing songs about poverty and carrying placards against the import of poor-quality Chinese goods. The protestors were taken by lorry to Harare Central Police Station. They were later transported to Chitungwiza, 25 kilometres outside of Harare. The ZCTU officials had access to Chibebe and Matombo, against whom no charges were brought. Armed police maintained a heavy presence in the streets of Harare on 8 November 2005, and before the march they stopped all vehicles with more than one passenger at roadblocks, which had been mounted on all routes into the city. Paramilitaries with dogs, shields and batons were to be seen throughout the city of Harare. Furthermore, 20 people infected with HIV/AIDS were reportedly among the arrested and they were kept without access to medication. Women with babies and disabled persons were also detained. On 8 November, Mlamlei Sibanda, Last Tarabuku, Tabitha Khumalo and Leonard Ngwenzi, were dragged from a ZCTU minibus by soldiers at a roadblock in central Harare shortly before 1 p.m., for allegedly photographing an army truck. They were taken to barracks, where they were detained for more than four hours and questioned about their intentions, their family, residence, etc. Later in the evening the army handed them over to the police who released them as they were only media officers and drivers. However, their photos were deleted and they had to leave their professional registration numbers behind.
63. 1374. Leading ZCTU activists in the regions were arrested before the march despite local unions having notified police of all marches, as required by law. For example, two ZCTU officials in Bulawayo were arrested on 7 November at night and a third official was arrested in the morning on 8 November. They were Regional Union Official Reason Ngwenya, Regional Vice-Chairman Dzavamwe Shambari, and Regional Officer Percy Mcijo. A further 41 people were arrested in Mutare. The Regional Officer for Mutare of the ZCTU, Tambaoga Nyazika, was threatened by an armed person claiming to be a policeman. The man told Nyazika “that he will live to regret working for the ZCTU”. A vendor, who sold drinks to ZCTU officials destined for arrested ZCTU members, was reportedly severely assaulted by police officers claiming to belong to the Criminal Investigation Department. Four of the people arrested in Mutare were released on bail on 10 November after paying a fine of ZW$25,000, the remaining 37 were released on ZW$500,000 bail each, except for Tambaoga Nyazika, who had to pay ZW$1.5 million bail. They were expected to appear in court on 24 November 2005. They were all charged under the POSA. Furthermore, the ICFTU has received a copy of the police decision to ban the anti-poverty march which was sent to the ZCTU on 4 November 2005, along with similar bans on marches in 2004. One of the decisions refers directly to the POSA. Two members of the ITF-affiliated Zimbabwe Amalgamated Railwaymen’s Union (ZARU) were also arrested, namely Area Organizing Secretary (eastern Zimbabwe) Ms S. Moyo and activist Ms Francisca Gurure, who were held in Chitungwiza and Mutare police cells, respectively. In Chinoyi and Masvingo, the police blocked the premises of the unions and thus denied them the possibility to attend rallies. The 118 ZCTU members arrested in Harare were released on 12 November 2005 after intense negotiations with the Attorney-General’s office. According to the Attorney General, the police had no strong case and they would proceed by way of summons.
64. 1375. Two ZCTU staff members, Michael Kandukutu and Wilson Kambanje from the northern region were questioned by the police on 8 August 2006, following police confiscation of ZCTU flyers in their office the week before. The flyers contained information about the high rate of taxation, and according to the police this information was wrong and prejudicial to the State and could incite public violence. The police informed them that they were going to be charged under the Criminal Law (Codification and Reform) Act No. 23 of 2004 as soon as the police obtained an approval from the Attorney-General’s Office. The complainant is not aware if charges have formally been made. Additionally, the Northern Regional Office in Chinhoyi, about 100 kilometres from Harare, was raided and over 2,000 flyers on ZCTU’s campaign against high taxation were confiscated.
65. 1376. On 15 August 2006 at around 7.20 p.m., Mr Wellington Chibebe was arrested at a roadblock and detained at Waterfalls police station, as he was travelling by car from Masvingo with his family. According to our information, he was stopped at a roadblock along the Simon Mazorodze Road, near Waterfalls, by police sergeant Mukonyonga. The police demanded to search his car, supposedly in order to look for cash. Such police action could be part of the Government of Zimbabwe’s campaign to prevent financial speculation whilst it was conducting a major monetary reform purportedly aiming at fighting hyperinflation, which stood at 1200 per cent at the time. Such searches – and confiscation of money from Zimbabwean citizens at police roadblocks – are illegal and are in the process of being challenged in the courts. Whatever the case may be, police officers at the Waterfalls roadblock reacted with excessive violence when M. Chibebe informed them that what they were doing was illegal. A policeman tried to forcibly remove him from his car while his seat belt was still buckled on. Reportedly, the policeman then vigorously slapped Mr Chibebe twice, accusing him of resisting being searched. All this was done in front of Mr Chibebe’s family. The police then arrested Mr Chibebe and took him to Waterfalls police station where he was charged with common assault for allegedly assaulting a policeman, whereas in fact he is the one who had been assaulted. According to ZCTU legal sources, the police deliberately changed the charges to common assault so as to make the issue more serious, given the identity and high national standing of the prisoner. On 17 August he was finally brought before the Mbare Magistrates Court, where he was charged under section 176 of the Criminal Law (Codification and Reform) Act (Chapter 9:23), which states “Any person who assaults or by violent means resists a peace officer acting in the course of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace officer and liable to a fine not exceeding level 12 or imprisonment for a period not exceeding ten years or both.” He was then released on ZW$2 million (ZW$2,000 revalued) (US$8) bail and was ordered to appear in court on 4 September. The case was later postponed to 7 September because a lawsuit had been filed before the Supreme Court as to whether the Criminal Law (Codification and Reform) Act was in conformity with the Constitution. The same day that Mr Chibebe was released, another trade unionist, ZCTU National Organizer, Leonard Gwenzi was arrested carrying ZW$200,000 (US$200) upon his return from a series of trade union workshops throughout the country. He was on his way back to the ZCTU offices to deposit the money. He was later released, however, after the Zimbabwean Reserve Bank acknowledged, on the basis of receipts and vouchers held by Gwenzi, that he was in fact carrying ZCTU funds. He was released without charges and the money was returned to him.
66. Arrests, detentions and beatings relating to a 13 September 2006 demonstration
67. 1377. The ZCTU had planned a protest on 13 September 2006 against the country’s inflation rate now at 1,200 per cent – by all available accounts the highest in the world – and to demand higher incomes (linking the minimum wage to the Poverty Datum Line), lower taxes, better access to antiretroviral drugs needed to fight HIV/AIDS and a stop to the harassment of workers in the informal economy. The protest had been announced widely beforehand and the police were informed by the ZCTU of the planned routes the protest would take two days ahead of the protest. The Government had warned the ZCTU that the protest was deemed illegal as such issues were to be dealt with under the Tripartite National Forum. The Minister of Labour was cited in the news on 12 September as saying that the protest was not linked to the interest of workers, but was instead a political manifestation. Meanwhile, routes planned for use by union marchers and assembly points had been blocked in many cities, including in Harare, where Zanu PF militia wearing party regalia moved from point to point, intimidating people. The latter strongly suggests that the authorities themselves were intent on politicizing what was a purely trade union event. In Harare, they managed to march approximately ten minutes before the police asked them to stop. They obeyed the order. Then they were ordered to sit down which they also did. Then they were ordered onto trucks and taken to detention facilities. In addition, scores of trade union leaders throughout the country were detained, interrogated and, in some cases, assaulted by police; others were threatened or intimated. The arrests and intimidation began on 12 September ahead of the planned protest on 13 September. Police arrested a number of ZCTU leaders at their homes and offices. On 13 September, the arrest campaign intensified. The ZCTU offices were blockaded and/or sealed by army and/or police forces, as happened for instance in Masvingo and Mutare. Repression against unionists and other civilians took place throughout the whole country, including Harare, Chitungwiza, Plumtree, Gwanda, Hwange, Bulawayo, Beitbridge, Masvingo, Mutare, Chinhoyi, Kariba, Gweru, Shurugwi, Gokwe, Kwekwe and Chegutu. All in all, some 265 union protesters were arrested on 12 and 13 September in cities and towns throughout the whole country, several people were interrogated and an unknown number were either intimidated or assaulted. On 13 September at 3.30 p.m., the situation was as follows:
68. – Harare: 15 people arrested, including the ZCTU General Secretary, Wellington Chibebe, President Lovemore Matombo, Vice-President Lucia Matibenga and Raymond Majongwe, the head of the Progressive Teachers’ Unions of Zimbabwe. They were assaulted during the arrest. There was heavy police presence in the city since the morning. The march route was sealed. Zanu PF militia wearing party regalia were present;
69. – Chitungwiza: heavy deployment of army troops with tankers. 50 people arrested, including members of the Chitungwiza Residents Association and the former Mayor’s wife;
70. – Plumtree: heavy police presence;
71. – Gwanda: heavy police presence;
72. – Hwange: Daniel Ncube detained for four hours for interrogation;
73. – Bulawayo: about 20 people arrested, including the Regional Chairperson, the Secretary and an organizer; two people arrested on 12 September were still detained by the police the following day;
74. – Beitbridge: three people arrested;
75. – Masvingo: Mr Gapare was questioned by Masvingo police; 15 police officers with button sticks, canisters and guns sealed ZCTU offices;
76. – Mutare: 20 people arrested, eight police officers surrounded the Mutare ZCTU office with truncheons and canisters; ordinary citizens were beaten up;
77. – Chinhoyi: 15 workers were arrested; the Regional Chairperson was taken for four hours of interrogation; a regional officer and three others were arrested on 12 September and were still detained, including one whose only offence had been to bring food to those already detained;
78. – Kariba: committee members were intimidated by the police; according to unconfirmed reports arrests took place on 12 September;
79. – Gweru: 16 protesters arrested;
80. – Shurugwi: executive members taken for interrogation;
81. – Gokwe: executive members taken for interrogation;
82. – Kwekwe: executive members taken for interrogation;
83. – Chegutu: 15 protesters were arrested, two interrogated;
84. – Kadoma: 11 protesters arrested;
85. – Victoria Falls: three protesters arrested; and
86. – Rusape: unconfirmed reports that union leaders were arrested at their homes and offices.
87. 1378. On 13 September 2006, the ZCTU President Lovemore Matombo, First Vice-President Lucia Matibenga and General Secretary Wellington Chibebe were arrested along with 12 others in Harare. The 15 were thrown into a bus, following another bus with approximately 30 other trade unionists. They followed the first bus which went to Harare Central Police Station, but their bus continued to the infamous Matapi police station in Mbare, where it is common for prisoners to be tortured. They were pushed and kicked into the police station and thrown into prison cells two by two. Five men awaited them in the cells where they were beaten severely. Initial reports indicated that, further to their ordeal at the hands of the police, Messrs Matombo and Chibebe could not manage to stand after the assaults and that their clothes were soaked in blood. Ms Lucia Matibenga had swollen feet and could no longer walk suggesting that they had had the soles of their feet beaten. At the beginning of their detention they were refused medical attention and they were also denied access to a lawyer. Police denied a medical doctor from “Doctors for Human Rights” access to the detained trade unionists, despite the fact that their physical condition was so bad that senior police authorities refused to take them into custody at Harare Central Police Station, where the three ZCTU leaders had been transferred in the early morning of 14 September. According to consistent reports from different sources, police officials at the central police station were insisting on receiving a report on who assaulted them. Police from Matapi denied that the arrested were assaulted. The lawyer representing the arrested urgently made an application to the High Court for an order to give the arrested access to a medical doctor. The three were transferred back to Matapi. More accurate information about the severity of the injuries caused to the top leaders of the ZCTU was obtained later. According to their lawyer Aleck Muchadehama, ZCTU President Lovemore Matombo had a broken arm and had bruising and swelling all over his body. First Vice-President Lucia Matibenga had whip marks all over her back and buttocks. Her neck was swollen and her eardrums were damaged so much her hearing was impaired. She had to have her arm in a sling. General Secretary Wellington Chibebe had serious cuts to the head, three broken bones, and severe bruising and swelling all over his body. Doctors’ reports for other ZCTU council members show that others have also sustained bone fractures, severe bruising and swelling, and cuts. Some of those were Moses Ngondo and R. Chigwagwa. Full reports for all who had been injured in police custody were not available at the time of writing. The trade union leaders were reportedly also forced to walk barefoot through sewage in cells that have been deemed inhumane by the Zimbabwean Supreme Court.
88. 1379. Wellington Chibebe informed reporters that the union leaders were taken in pairs to cells where police beat them with bars and batons. He was frightened because of the repeated beatings and the language used by the police, who told them “people died during the struggle for independence and that is exactly what is also going to happen now” and “we were trained to kill and not to write dockets”. At around 4 p.m. he was himself beaten until he was unconscious and he only regained consciousness the following day on 14 September. He was finally transferred to Parirenyatawa Hospital, which has no medication, on Friday 15 September. Police refused to move him to a better hospital, though the other 14 were admitted to Dandaro Hospital in Borrowdale. (The complainant attaches as Appendix 4 several photographs of Mr Chibebe lying in a hospital bed, with his left arm bandaged and in a cast.)
89. 1380. Lucia Matibenga also confirmed that they had been taken into cells two by two and that in the cells five men with batons waited for them. They were beaten and assaulted for approximately 20 minutes. Lucia Matibenga had her head rammed into the wall three times; she was smacked with open hands several times, and beaten on the legs, arms and back continually. When she collapsed she was ordered back onto her feet. After the assault she was not kept in a cell, but she was allowed to sit in the counter area. ZCTU colleagues and lawyers had just been told to leave the counter area as the 15 trade union leaders were not in Matabi Prison, when Lucia Matibenga, despite threats from police officers, managed to make the union leaders’ presence known to her colleagues. On 15 September in the evening, 29 of the activists and leaders arrested in Harare were brought to court. Six had their arm in a sling due to injuries sustained under police custody. They were all charged under section 37 of the Criminal Law (Codification and Reform) Act, according to which it is an offence to act in a manner likely to cause public disorder. They were all released on bail of ZW$20,000 each. They are due to go to trial on 3 October at 9.30 a.m. and report to the Harare Central Police Station every Friday until that date. Due to the serious injuries inflicted upon Wellington Chibebe by the police he was unable to attend the same court hearing as the other 29 activists and leaders. Instead a separate court hearing was held for him on 16 September at his hospital bed. He was released on free bail and his court hearing is also set for 3 October. As a result of the assault, he had to be operated on Monday, 18 September. The State Prosecutor, Tawanda Zvakare, reportedly dismissed the torture and the injuries that trade union leaders had suffered as bruises obtained during skirmishes with the police during which police officers had been injured themselves. However, the magistrate ordered an investigation into the assault and Alec Muchadehama, the trade union leaders’ lawyer, also filed a complaint for torture against the police on behalf of Chibebe and others.
90. 1381. In the other 34 ZCTU districts, activists were released on bail or upon paying admission of guilt fines or fines for blocking the traffic, in some places amounting to ZW$250:
91. – Chegutu: 11 members of the General Agriculture and Plantation Workers’ Union of Zimbabwe, six men and five women, were beaten and tortured by the police. They were called into a room one by one and assaulted. Three of them were beaten by CIO officers. One of the leaders is reportedly so badly injured that he risks dying as a result of the assault against him. Their complaints about the assaults were ignored and they had to pay ZW$1,000 bail each and were summoned to court on 29 September equally charged under the Criminal Law (Codification and Reform) Act;
92. – Victoria Falls: three activists were released on bail of ZW$5,000 each;
93. – Hwange: two ZCTU members, who had been arrested for distributing flyers on 13 September were released on ZW$2,000 bail each;
94. – Chitungwiza: activists were released on 14 September after paying admission of guilt fines. Eight of them had been assaulted by the police and had to receive medical attention; and
95. – Kadoma: 11 members appeared in court on 15 September and were charged under the Criminal Law (Codification and Reform) Act.
96. 1382. On 19 September 2006 at 12.30 p.m., the First Assistant General Secretary of the ZCTU, Japhet Moyo, was detained and interrogated for two hours at the Harare International Airport. At the immigration point he was approached by people claiming to be members of the CIO. They accused him of having organized ZCTU protests (presumably on 13 September) and then leaving the country to disseminate lies about Zimbabwe. During his interrogation his luggage was searched but nothing was confiscated. He was told not to report the incident to anybody as it had just been a routine security check. The ZCTU suspects that Silas Kuvheya the General Secretary of Zimbabwe Textiles Workers’ Union was also interrogated, as he was nowhere to be found after his scheduled arrival at Harare International Airport at 2.30 p.m.
97. 1383. On 25 September 2006, President Mugabe told newspapers that the police were right in dealing sternly with the trade union leaders on 12 and 13 September. “Some people are now crying foul that they were assaulted. Yes, you get a beating. When the police say move, move.” he said. “If you don’t move, you invite the police to use force.” President Mugabe was quoted as saying. According to him, the 13 September protest was part of a campaign to remove him from office. In the complainant’s view these quotes clearly show that the Zimbabwean Government condones and is fully responsible for the torture and assault that trade union leaders suffered on 12 and 13 September. The complainant states that it is very alarmed by these statements and requests that the Committee on Freedom of Association makes unequivocally clear to the Government of Zimbabwe that it is against the principles of Convention No. 87 to torture and assault peaceful trade union protestors.
98. 1384. On 20 August 2004, a Bill on non-governmental organizations (NGOs) was publicized (Gazette No. 68, 20 August 2004; General Notice 432 of 2004 Government). The Bill required that all NGOs would have to register. According to the Bill, board members of an unregistered non-governmental organization would face up to five months imprisonment if operations were not ceased. The Bill aimed at preventing local NGOs from receiving funds for “issues of governance”, which was defined as including “the promotion and protection of human rights and political governance issues”, particularly from foreign donors. Trade unions feared that it would interfere with their cooperation with foreign donors. In October 2005, the then Minister of Labour, Public Service and Social Welfare, Nicholas Goche, declared that according to policy, it was mandatory for NGOs to apply for permission to operate by their provincial governor, as an interim measure ahead of the final approval of the Bill. The purpose of such measures was to ensure accountability among NGOs. However, this policy was not followed by NGOs. The Bill was passed by Parliament on 9 December 2005. President Robert Mugabe did not sign it within the required 21 days period however and referred it back to Parliament. According to the current Minister of Labour, Public Service and Social Welfare, Paul Mangwana, the Bill is still under consideration by the President and would be subject to consultations with civic organizations. The ZCTU fears that if it becomes law the Bill would be used to prevent foreign funding of its activities.
99. 1385. The Labour Amendment Bill H.B.1, 2005, was published in the law gazette on 11 March 2005. The ZCTU complained about the lack of consultation on a number of provisions in the Bill. One element of major concern was that government employees would not be covered by the general Labor Act, but would be subject to separate and more stringent legislation under the Public Service Act (PSA). The PSA deprives government employees the right to collective bargaining. According to the ZCTU, these amendments would be a reversal of the gains made under the harmonized Labour Act of 2003, which grants civil servants the right to form and belong to a union and to collective bargaining. According to the ZCTU, the amendment would also proscribe industrial action and access to alternative and efficient dispute resolution mechanisms for all government employees. There were already signs in 2005 that the new bill was having an effect. It was reported in October 2005 that Zimbabwe’s teachers’ unions were too frightened to take any industrial action in case they would be imprisoned for going on strike. The Bill was later approved and came into effect on 30 December 2005, as the Labour Amendment Act, 2005 (Act 7/2005). A comprehensive position paper by the ZCTU on the Bill analyses in detail the impact of this new law. Apart from the exclusion of civil servants from the scope of the Labour Act, the law contains several problematic features. Sections 25, 79, 80 and 81 give the Minister of Labour power to approve collective bargaining agreements, register and publish them. Contrary to promises made by the Government at the ILC in June 2004, these sections were not repealed. The Government has also included a subsection in the law prescribing that collective bargaining agreements should provide for measures to combat workplace violence. The ZCTU believes that this could be abused to criminalize industrial action. The law also centralizes the decision on registration of trade unions and employer organizations against the express wishes of trade unions.
100. 1386. Furthermore, the law contains provisions for the Registrar to supervise the election of officers of employers’ and workers’ organizations, set aside elections, postpone or change the venue of an election. Under the new law, the decision of the Registrar will stand despite appeal, whereas previously an appeal would suspend the decision of the Registrar. This is contrary to ILO jurisprudence under which trade union suspension should not take effect before a final decision is made by an independent judicial body. The legislation does not include provisions that prohibit employers from hiring replacement workers in the event of a strike. However, an employer is barred from hiring replacement workers during a lockout. The law also includes a section that enables employers to sue workers for liability during unlawful strikes. Under section 109, subsection (2), legal and natural persons engaging in illegal strike can be sentenced to a fine not exceeding level 14 (the law does not mention what amounts to level 14) or to imprisonment for a period not exceeding five years of imprisonment or to both fine and imprisonment. In addition the right of a trade union to collect union dues by check-off can be cancelled for up to 12 months by order of the Minister of Labour.
101. 1387. The complainant includes with its allegations a DVD containing:
102. (1) Brief interviews with five trade unionists, including Mr Chibebe, Ms Matibenga and James Gumbi, a ZCTU General Council member. All of the individuals attest to having participated in the 13 September 2006 protest and to having been severely beaten by the police. In the cases of Mr Chibebe and Ms Matibenga, bodily injuries and bruising consistent with the complainant’s allegations are evident.
103. (2) Footage indicating that it is of the 13 September protest, in which several protestors are directed into the back of a van by policemen, who strike the protestors several times with their batons before entering the van and driving away.
104. C. The [tb1] Government’s new replies
105. 1388. On the arrest of trade unionists alleged by the complainant, in a communication dated 6 September 2006, the Government reiterates its position that the arrests had nothing to do with trade union activities but were due rather to the trade unionists’ political activities. The Government maintains that the concerned individuals had embarked on demonstrations and activities called by their political party, which had not been sanctioned by the relevant regulating authorities in accordance with laws governing demonstrations by political parties.
106. 1389. As regards the Committee’s previous recommendation, the Government indicates that it has no records available regarding the alleged arrest of Mr Choko and eight other trade unionists. With respect to the case of Mr Takaona, the Government states that the company Zimpapers has appealed an arbitration award made under section 98 of the Labour Act; the issue of Mr Takaona’s reinstatement is thus being pursued through the dispute settlement procedures obtaining in Zimbabwe.
107. 1390. As concerns trade union leader Mr Mangezi, the Government states that it can only encourage his employer to reconsider the transfer decision affecting him. Accordingly, the Government has requested the union to advise Mr Mangezi to lodge an unfair labour practice complaint with the Ministry, so that the matter may be handled through the dispute resolution system.
108. 1391. The Government also states that a direct contacts mission to Zimbabwe is not only unacceptable but inappropriate. The Government maintains that the ILO systems cannot achieve their intended results if they are used to resolve issues that are predicated in the political domain, and reiterates its position that the allegations leveled against it are deeply rooted in the political ambitions of a few leaders of the ZCTU who pursue political interests through the abuse of privileges accorded to trade unions. These individuals, according to the Government, also hold positions in the opposition party (MDC) and a number of quasi-political organizations seeking to violently and unconstitutionally remove the present Government.
109. 1392. Copies of a March 2006 Supreme Court decision and a November 2005 Labour Court decision relating to the NetOne company and Zimpost, respectively, are attached to the Government’s 6 September 2006 communication. With respect to NetOne, the Supreme Court held that the dismissal of 56 employees was lawful, thus setting aside a previous arbitration award of reinstatement. In the case of Zimpost, the Labour Court upheld an arbitrator’s reinstatement award, modifying it slightly by adding that, should the parties fail to agree on the sum of damages in lieu of reinstatement, either party may petition the Court for the assessment of said damages.
110. 1393. In a communication dated 1 October 2006, the Government states that the ZCTU demonstration was undertaken in collaboration with the oppositional political party MDC. It therefore ceased to be a workers’ activity and instead was subject to the laws governing political demonstrations. The Government refused to grant permission for the demonstration due to the fact that the MDC had recently experienced near-fatal violent skirmishes, and so arrested ZCTU leaders for having engaged in an illegal activity. The Government adds that the issues cited by the complainant as the basis for holding the demonstration are within the purview of the social dialogue process: it is therefore mind-boggling to note that one party to a process would elect to pursue a confrontational course of action over matters that all parties are engaged with. The Government contends that as far as one issue over which the demonstration was held – the linking of wages to the Poverty Datum Level and HIV/AIDS – itself and the complainant were in fact already in complete agreement, as the minutes of the Tripartite Negotiating Forum (TNF) prove. In respect of such other issues as HIV/AIDS and the income tax, the Government maintains that the complainant could have pursued them through the TNF or sought to engage the authorities with possible suggestions first before resorting to demonstrations.
111. 1394. In a communication dated 17 October 2006, the Government attaches a statement from the Commissioner of Police, summarizing the affidavits of police officers who were present at the 13 September 2006 demonstration. The statement’s assertions are that: (1) as the demonstration was unlawful, the police possessed the authority to disperse the demonstrators and arrest those who defied the order to disperse; (2) the demonstrators who were injured resisted arrest and the order to disperse; (3) the police had to use minimum force to deal with the demonstrators and in the process some were injured: (4) there were also allegations from the police that some demonstrators injured themselves by jumping from vehicles taking them to various police stations; and (5) investigations are still being carried out to establish whether the ZCTU members were assaulted after being detained at Matapi police station.
112. 1395. In its communication dated 19 January 2007, the Government first contests the “additional information” transmitted by the ICFTU since the Government has already on many occasions responded to the same allegations under different complaints and cases. It expresses the hope that the ICFTU will desist from the practice of repackaging old issues for the sake of putting the Government of Zimbabwe in the spotlight.
113. 1396. As regards the alleged deportations of international trade unionists, the Government fully reserves its right to determine its immigration policies and laws in accordance with the aspirations of the Republic. Trade union membership cannot be used to circumvent national immigration laws and policies. The Government emphasizes that it does not wish at all to compromise its laws and policies for individuals bent on destabilizing the country under the banner and guise of trade unionism.
114. 1397. The Government stresses that there is no blanket ban for international trade unionists to visit Zimbabwe and enumerates a number of international trade unionists from organizations such as SATUCC, LO Norway and the workers’ spokesperson in the Governing Body, Mr L. Trottman, who have been hosted in the country. Only those individuals found undesirable for the social, political and economic survival and development of Zimbabwe were not allowed to enter Zimbabwe.
115. 1398. The few isolated cases cited by the ICFTU should be viewed in the context of Zimbabwe exercising its sovereign right to determine its immigration laws and policies. Accordingly, the Government has no apology to make for exercising its constitutional obligation to protect the interests and security of the majority of Zimbabweans.
116. 1399. As regards the alleged attempts to remove the leadership of ZCTU, to which the Government has responded on several occasions, the Government insists that the ZCTU leadership is abusing the ILO supervisory machinery over purely internal matters of the ZCTU. The so-called agents provocateurs are indeed members of the ZCTU leadership who have levelled allegations of corruption, maladministration and violation of the ZCTU constitution against the current ZCTU leadership. The Government considers that the ZCTU seeks to draw sympathy from its western allies who have a conspicuous phobia for the Zimbabwe Government with a view to scuttle the allegations levelled against them through labelling the leaders of the ZCTU affiliates as government agents. The Government, therefore, has no business to comment on purely internal matters of the ZCTU. The ZCTU leadership should be advised to solve their internal matters without dragging the name of the Government into its internal matters.
117. 1400. The Government further contests the ZCTU allegation that the CIO confirmed through press reports its intentions to remove the ZCTU leadership. In addition, the so-called death threats on the ZCTU leadership cannot be substantiated with any shred of evidence and are based on hearsay. This indeed is meant to create hype about the security of the ZCTU leadership simply to mask their anti-establishment activities and also to draw sympathy from their sponsors and handlers in the West.
118. 1401. On the question of the alleged arrests during preparations of May Day celebrations, the Government states that it instituted enquiries into these allegations and no information was obtained regarding the matter. The Government considers that this is fictitious manipulation of events by the ZCTU in its true fashion of seeking to discredit the Government of Zimbabwe. The Government affirms, as indicated by the ZCTU, that trade union activities are not subject to POSA. The said allegations are indeed classical examples of office-engineered events by the ZCTU meant to buttress the efforts of their colleagues in the opposition who view POSA as a hindrance to their unconstitutional and violent anti-establishment aspirations.
119. 1402. As for the arrests on 27–28 April 2005, the Government confirms that the named individuals were indeed apprehended distributing subversive material advocating for civil unrest and violent removal of the Government during the march organized by NSSA. Accordingly, law enforcement authorities acted in a proper manner to avoid breach of peace and order since other workers from other political persuasions could have acted in a similar manner leading to the breakdown of peace and order. The Government of Zimbabwe is on record encouraging the ZCTU leadership to desist from politicizing the workplace and this has all been in vain as the ZCTU leaders continue to take opportunity of any gathering to advance their political interests.
120. 1403. The ZCTU Informal Project Coordinator was indeed under police investigations relating to illegal foreign exchange dealings, which subsequently led to a court case, which is currently under consideration by the courts.
121. 1404. The issue relating to the alleged harassment by thugs and the issue of the two suspicious cars should be dismissed with the contempt it deserves. The Government notes that similar allegations by Mr R. Majongwe were dismissed by the committee owing to their fictitious nature.
122. 1405. The allegations against the so-called Chinotimba Security Company are typical of competition since Chinotimba is from ZFTU, a rival centre to ZCTU. This is a clear case of competition between federations. It is mind-boggling to note that no report was made to the police yet it is common cause that security guards have no policing powers.
123. 1406. The raid on the ZCTU offices on 13 May 2005 was indeed legal, given the fact that the police had a search warrant. It is the duty of the police to investigate where they suspect an offence has been committed. It is also worth noting that the ZCTU leadership resorted to the courts, a clear testimony of the credibility of the rule of law in Zimbabwe.
124. 1407. As regards the workers’ representative to the ILO Conference, the Government recalls that the Conference Credentials Committee dealt with this issue and reiterates its position that it had no role in selecting the ZCTU candidate, as the name of the third ZCTU Vice-President was submitted to it following the suspension of the ZCTU leadership in which the Government played no role.
125. 1408. As for the alleged arrest of ZCTU activists for organizing a two-day stay-away, it is clear from the ICFTU submissions that the stay-away was organized by oppositional political parties and not the ZCTU. Oppositional political parties are subject to POSA. There are individuals in the ZCTU who are bent on abusing their trade union membership to advance their political interests and they have the propensity to raise the trade union flagship whenever they are caught on the wrong side of the law during political activities.
126. 1409. As regards alleged efforts to discredit the ZCTU General Secretary, once again this concerns leadership struggles within the ZCTU following allegations levelled against Chibebe’s leadership. The individuals made reference to in the allegations are indeed leaders of ZCTU affiliate unions, which is also the case for the allegations of assaults at the ZCTU, WAC and the Bronte Hotel incident. The Government has no business in trade union matters in line with Statutory Instrument 131 on protection against acts of interference.
127. 1410. Inquiries into the alleged arrest of Lucia Matibenga on 19 October 2005 revealed that no such event occurred. The said individual is facing leadership challenges from the members of the union and in true fashion of the ZCTU leadership in similar circumstances allegations were conjured up against the Government to scuttle the internal strife within her union.
128. 1411. With reference to its reply to the Office following an intervention requested in relation to the investigations into the ZCTU’s activities, the Government adds that pursuant to the lodging of above cited complaints from ZCTU members it called for a meeting of all ZCTU General Council members to establish the true facts of the matter. Some ZCTU General Council members elected to constructively abstain from participating in the meeting. However, the submissions by those who attended the meeting were sufficient to satisfy the Minister of the need to invoke section 120 of the Labour Act thus leading to the appointment of an independent investigator.
129. 1412. It is not the intention of the Government to comment on the merits of the case, as this would be sub judice given the fact that the matter is under the consideration of the courts. The courts in Zimbabwe are highly competent to handle this matter to the best of all considerations.
130. 1413. As to claims by the ZCTU that they did not attend the meeting called by the Director of Labour Administration as they claim to have been in prison, the Ministry understands that it was only two members of the General Council who were in police cells and not in prison as alleged by the ZCTU after they had initiated and participated in a politically motivated demonstration.
131. 1414. The issues raised by the ZCTU leadership relating to their internal struggles are not for the Government to comment for lack of locus standi. The leadership of the ZCTU should be informed to confine their turmoil to themselves without dragging the name of the Government into their dogfights.
132. 1415. The Government further wishes to put the record straight that Mr Chibebe was picked up by police on 8 August 2006 for charges relating to illegal foreign currency activity to which Mr E. Mutemeri and Ms V. Mushongera are jointly charged. These charges were never dropped.
133. 1416. In addition, the alleged arrest of Mr L. Madhuku relating to constitutional reform demonstrations has nothing to do with workers’ activities. The chairman of the National Constitutional Assembly is a known political activist. The inclusion of the alleged arrest of the NCA chairman on freedom of association issues for workers is indeed clear testimony of the relationship existing between the ZCTU leadership and oppositional political parties as well as the quasi-political organizations such as the NCA. They indeed work hand in glove for anti-establishment activities. Workers in Zimbabwe have, on many occasions, voiced their concern over the dabbling in politics by the ZCTU leaders who they have accused of concentrating on individual political interests at the detriment of the welfare of workers.
134. 1417. Moreover, some of the information submitted by the ICFTU was not in the initial allegations by ZCTU/ICFTU only to be submitted a year later. The Government contends that these additional incidents are office-engineered to profile the Government of Zimbabwe as a grave violator of workers’ rights much to the interest of the adversaries of the Government of Zimbabwe, particularly western governments.
135. 1418. The allegations levelled against Deputy Minister Muguti are malicious and baseless. The Government challenges the ZCTU/ICFTU to provide credible evidence to substantiate these scandalous allegations.
136. 1419. There has been no information regarding the allegations of the torture of Mr Tarwa as alleged. Again, a typical office-engineered allegation contrived to tarnish the image of the Government of Zimbabwe. Officials at the school confirmed that no such occasion occurred.
137. 1420. The Government has always, at all material times, furnished the Committee with information regarding the case of the dismissed TelOne workers up to the time the Supreme Court conclusively dealt with the case. The Supreme Court judgement on the case was also deposited with the ILO. At no time at all were the allegations of beatings by the police raised. The ZCTU is only raising these issues at this point in time to tarnish the image of the law enforcement agents of Zimbabwe following the failing of the appeal at the Supreme Court. It is, indeed, a case of sour grapes following the dismissal of their appeal by the Supreme Court. It should thus be dismissed with the contempt it deserves. Police have also confirmed that no such incident occurred as alleged.
138. 1421. Two ZCTU officials were indeed arrested on 8 November 2005 for participating in an illegal demonstration organized by the oppositional political party MDC that had not been sanctioned by the regulating authority. The event had nothing to do with trade union activities but rather pure political engagements of the political party MDC to which they belong. It should also be emphasized that mere notification of a political demonstration to the regulating authority does not constitute an approval to undertake the proposed demonstration. Accordingly, the regulating authority had not given consent to the political demonstration.
139. 1422. As regards the alleged arrests of trade unionists on November 2005, the fliers allegedly confiscated from Mr Kamukutu and Mr Kambanje were indeed subversive in nature for they advocated the violent removal of the current Government. The Government notes that terrorist activities are not desirable at all and thus it is the duty of the police to maintain peace, order and tranquillity.
140. 1423. The Government was not able to obtain information on the alleged raid at the ZCTU offices in Chinhoyi. Police also confirmed that no report was made regarding the alleged raid.
141. 1424. As regards the mass protests of 13 September 2006, the Government considers that the situation is being recycled for the purpose of creating a hype about the alleged violations in Zimbabwe with a view to winning sympathy from the adversaries of the Republic of Zimbabwe who are eager to engineer the listing of Zimbabwe to appear before the Conference Committee on the Application of Standards in 2007.
142. 1425. It should also be noted that the call for the illegal demonstrations were a flop as the majority of the people in Zimbabwe ignored the call and proceeded with their daily business. The ZCTU leadership therefore undertook the demonstration and hired hooligans from the oppositional political party MDC. The numbers indicated by the ZCTU/ICFTU are therefore a figment of the imaginations of the ZCTU leaderships.
143. 1426. The Government humbly submits that, while police used minimal force to effect arrests, the hype about the alleged tortures is highly exaggerated and is intended to blow out of proportion the minimal use of force by the police as is aptly manifested in the case of Ms Matibenga. Had there been no further examinations in South Africa, such falsehoods would have been taken as true simply because they were reported against the Government of Zimbabwe. This clearly shows the extent to which political actors in the labour movement in Zimbabwe can go in their insatiable appetite to discredit the Government of Zimbabwe.
144. 1427. The Government of Zimbabwe is deeply concerned about the malicious distortions of the press statements allegedly issued by President Mugabe. It also should be noted that there is no proper citation to authenticate the allegations made by the ZCTU/ICFTU. The said organizations are better advised to seek clarifications with relevant government departments before submitting distorted allegations against the Government and public officials of the Republic of Zimbabwe.
145. 1428. As regards the NGO Bill, the Government states that this does not in any way relate to trade union business. The ZCTU is registered in terms of the Labour Act as a trade union federation and not an NGO. It is therefore inappropriate to discuss and bring before the ILO system a piece of legislation that does not apply even with the widest stretch of imagination to trade union activities and the world of work.
146. 1429. The Government considers the comments made by ICFTU and the ZCTU as submissions for consideration in the context of the ongoing labour law reform and the suggestions were noted. Labour law amendment involves consideration of different views and positions of all stakeholders. Accordingly, it is misleading for the ZCTU to assume that their views and suggestions should outrightly be considered at the expense of the views of other stakeholders like employers and civil society.
147. 1430. It is also interesting to note that the ICFTU makes vague allegations against the existing Labour Act without making reference to the specific sections to substantiate their claims. It is in this respect that the Government challenges the ZCTU/ICFTU to provide the supposed section of the Act which prescribes that collective bargaining agreements should provide measures to combat workplace violence.

D. The Committee’s conclusions

1. 1431. The Committee notes that the new allegations in this case concern: the deportation of and refusal of entry to foreign trade unionists collaborating with the ZCTU; the sponsoring of a rival faction within the ZCTU in its efforts to undermine the ZCTU leadership, breaking up ZCTU meetings, raiding ZCTU headquarters and unlawfully seizing union property, launching inquiries into allegations of financial malpractice to harass the union, proposed amendments to the labour legislation in violation of freedom of association principles, and several instances involving the arrest, detention, and beating of ZCTU members and officers – many of which were committed in the course of suppressing a demonstration organized by the ZCTU on 13 September 2006. Before addressing the substance of this case, the Committee must, in the strongest of terms, deplore the Government’s accusations of ILO involvement to engineer the new allegations in this case.
2. 1432. As regards the arrests and detentions that took place on 13 September 2006, the Committee notes the complainant’s assertion that the purpose of the demonstration organized on that day was to protest against, inter alia, poverty, hunger, unemployment, high inflation and high transportation costs. The Committee deeply regrets that the Government limits itself to defining this allegation as “hype” aimed at winning sympathy from its adversaries without providing the detailed and serious reply that this allegation deserves. The Committee observes more generally that the Government responds by reiterating the position it had previously maintained regarding allegations of a similar nature – namely, that the concerned individuals were arrested for having engaged in unlawful political demonstrations, not for legitimate trade union activity. The Committee is compelled to recall once again, as it did at its June 2005 meeting [see 337th Report, para. 1661], that trade union activities cannot be restricted solely to occupational matters since government policies and choices are generally bound to have an impact on workers; workers’ organizations should therefore be able to voice their opinions on political issues in the broad sense of the term. While trade union organizations should not engage in political activities in an abusive manner and go beyond their true functions by promoting essentially political interests, a general prohibition on trade union activities would not only be incompatible with the principles of freedom of association, but also unrealistic in practice. Trade union organizations may wish, for example, to express publicly their opinion regarding the Government’s economic and social policy [Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 502–503].
3. 1433. According to the complainant, ZCTU members and leaders were also arrested and detained on: 28 April, 9 June, 4 and 7 August, 20 September, 19 October, 7 and 8 November 2005, and 8 and 15 August 2006. The Committee deplores the fact that numerous allegations of this nature continue to arise, in spite of its previous recommendation to the Government to abstain from resorting to measures of arrest and detention of trade union leaders or members for reasons connected to their trade union activities [see 337th Report, para. 1671]. The Committee must once again emphasize that the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular [see Digest, op. cit., para. 64]. Noting as well that a number of ZCTU leaders and members have been charged under the Criminal Law (Codification and Reform) in connection with their participation in the demonstration on 13 September 2006, including 29 ZCTU members in Harare, 11 in Chegutu and 11 in Kadoma, the Committee urges the Government to drop the charges brought for reasons connected to their trade union activities against these trade unionists and to abstain from resorting to measures of arrest and detention of trade union leaders or members for reasons connected to their trade union activities. While noting the Government’s affirmation that the Public Order and Security Act (POSA) is not used against trade unionists, the Committee considers that economic and social protest action does constitute legitimate trade union activity that should be protected. The Committee thus urges the Government to ensure that no other charges are pending against trade unionists under the POSA for their exercise of legitimate trade union activity.
4. 1434. As regards the beatings and injuries suffered by trade unionists on 13 September 2006, the Committee notes that, according to the Government, the police used minimum force to disperse the demonstrators and that none of the police officers whose affidavits are attached to its reply witnessed any acts of violence committed against the arrested trade unionists. The Committee nevertheless also takes note of the detailed information provided by the complainant in support of these allegations. The said information includes video footage in which the ZCTU leadership attest to having been detained and beaten on the day in question, and in which their bruises and physical injuries can readily be discerned. The complainant, moreover, also alleges acts of violence against trade unionists on other occasions: torture of PTUZ member Harry Taruva on 20 September 2005 (an allegation that the Government simply denies), the beating and dispersal of 300 workers holding a vigil on 30 October 2005, and the assault on Mr Chibebe on 15 August 2006. The Committee recalls in this respect that the right of employers’ and workers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations and it is for governments to ensure that this principle is respected. Moreover, in cases in which the dispersal of public meetings by the police has involved loss of life or serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities [see Digest, op. cit., paras 45 and 49]. While noting the Government’s indication that investigations were being carried out to establish whether ZCTU members were assaulted after being detained at Matapi police station, the Committee urges the Government, in light of the gravity of the allegations, to initiate an independent inquiry into all the allegations of beatings and maltreatment, to be led by a personality that has the confidence of all the parties concerned. It requests the Government to keep it informed of the results of the investigation.
5. 1435. The complainant also indicates, with reference to the events of 12 and 13 September 2006, that on 25 September 2006 President Mugabe told newspapers that the police were right to have dealt sternly with the trade union leaders on those days. The Government, in reply, states that this allegation is a malicious distortion that should have been clarified with the relevant government department. In the light of the contradictory positions on this point and in the absence of any further elements, the Committee can only request the Government to ensure that no statements are made by government officials that could be perceived as a threat or intimidation to trade unionists or the trade union movement as a whole.
6. 1436. The Committee notes that, according to the complainant, the Government has sought to destabilize and create internal strife within the ZCTU by supporting rival factions to oppose the ZCTU leadership and disrupt ZCTU meetings. In support of this allegation the complainant refers to the following occurrences: the publication, in March 2005, of a series of articles in which leaders of ZCTU affiliates accuse the ZCTU central leadership of fraud and corruption; the disruption of a ZCTU Executive Council meeting on 19 March 2005 by the AAAWU, a rival faction within the ZCTU, that according to the complainant, receives financial support from the Government; the disruption of a ZCTU General Council meeting on 6 April 2005 in which members of unions affiliated to the ZCTU attempted to force the discussion of a motion calling for the ZCTU leadership to resign due to accusations of corruption and fraud; physical attacks on ZCTU members by agents provocateurs from two ZCTU affiliates on 23 April 2005; and the disruption, by members of the AAAWU, of a 9 July 2005 meeting of the ZCTU WAC, in which several of the members of the WAC were physically assaulted. The Committee is compelled to express its concern with the seriousness of these allegations. Moreover, although it is not in a position to verify allegations regarding internal conflicts within the ZCTU, the Committee must nevertheless note with great concern that, according to the allegations, those responsible for these acts are factions of the ZCTU, operating at the behest of or in collaboration with the authorities. While noting the Government’s indication that these allegations concern purely internal trade union affairs, the Committee notes with deep regret that the Government does not reply in any detail to the serious concerns raised, including as regards alleged physical attacks, nor does it indicate the measures taken to investigate their veracity and determine those responsible. In these circumstances, the Committee urges the Government to initiate a full and independent investigation into these allegations, with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts.
7. 1437. According to the complainant, proof of the Government’s intention to foment internal strife in the ZCTU by interfering in its internal affairs is also evinced by its refusal to sponsor the union’s democratically elected President, Lovemore Matombo, and its General Secretary, Wellington Chibebe, to the June 2005 ILC, but instead support the nominations of Elias Mlotshwa and Edmund Ruzive of the AAAWU faction. While noting the Government’s statement that it had no role in selecting the ZCTU candidate, the Committee notes that the findings of the Credentials Committee respecting this issue corroborate the complainant’s allegations. In particular, in its disposal of the matter, the Committee noted that the “actions taken by the Government are inconsistent with the principles of freedom of association and amount to interference in the internal activities of a workers’ organization” and considered that the procedure for nominating the workers’ delegation did not fulfil the conditions of impartiality, transparency and predictability required under article 3, paragraph 5, of the ILO Constitution [see Third Report of the Credentials Committee of the ILO, Provisional Record No. 4D, paras 51–62, 93rd Session, 2005]. The Committee considers such acts of interference in the internal activities of a trade union to constitute a fundamental violation of freedom of association principles and of Convention No. 87 which the Government has ratified. It strongly urges the Government to fully observe the right of trade unions to organize their internal administration, free from interference by the public authorities and ensure that the ZCTU shall have the right to determine the trade union officials to represent it at national and international forums.
8. 1438. With regard to the entry by police into ZCTU premises and the seizure of files, diskettes and foreign currency, while noting the Government’s statement that the search was legal and carried out with a search warrant, the Committee observes that, according to the complainant, there were a number of irregularities relating both to the search warrant itself and to the manner in which the search was carried out. Noting that the complainant has filed a lawsuit with the High Court contesting the legality of the search and the confiscation of its property, the Committee requests the Government to keep it informed of the progress relating to this case and submit a copy of the final decision once rendered.
9. 1439. With respect to the allegations concerning the Government’s investigation into the ZCTU’s finances, the Committee observes, from the complainant’s allegations, that: (1) although the investigation, undertaken by a professional auditor appointed by the Government, failed to find any incriminating evidence, the investigator’s mandate was subsequently prolonged past its scheduled March 2006 termination date; and (2) on 19 July 2006, the executive summary of the investigation report was read out to the ZCTU by the Minister of Labour but only later were the report’s conclusions – which made a number of allegations concerning the exchange of currency and the misuse of union funds – made available; and that (3) the report was handed by the investigator to the police for further action. The Government states that the matter is sub judice.
10. 1440. The Committee further notes from the complainant and the Government that, on 8 August 2006, ZCTU General Secretary Wellington Chibebe was interrogated by the authorities in connection with allegations of illegally exchanging foreign currency. According to the complainant, this case had previously been investigated and dropped, but was revived after the report of the investigation into ZCTU finances was submitted. Noting that, from the information before it, there appear to be a number of procedural irregularities respecting both the investigation into ZCTU’s finances and the case against Mr Chibebe and his colleagues, the Committee requests the Government to provide a full and detailed reply respecting these inquiries, and to transmit the full texts of any court judgements rendered in this regard.
11. 1441. The Committee further notes the Government’s indication that a court case is currently pending against the ZCTU Informal Project Coordinator relating to allegedly illegal foreign exchange dealings and requests the Government to transmit a copy of the judgement as soon as it is handed down.
12. 1442. As regards the deportation and refusal of entry to foreign trade unionists, while observing from the Government’s reply that some foreign trade unionists were allowed to enter the country, the Committee is alarmed by the Government’s declaration that those who were not allowed entry were not desirable for the social, political and economic survival and development of the country although their visits related to programmes of cooperation and assistance between their respective trade unions and ZCTU or one of its affiliates. In this connection, the Committee recalls, as it did in its previous examination of this case, that it is a fully legitimate trade union activity to seek advice and support from other well-established trade union movements in the region to assist in defending or developing the national trade union organizations, even when the trade union tendency does not correspond to the tendency or tendencies within the country, and visits made in this respect represent normal trade union activities, subject to provisions of national legislation with regard to the admission of foreigners; the corollary of that principle is that the formalities to which trade unionists and trade union leaders are subject in seeking entry to the territory of a State, or in attending to trade union business there, should be based on objective criteria and be free of anti-union discrimination [see 337th Report, para. 1667]. The Committee notes that the Government has not provided any information respecting this matter. It urges the Government once again to allow in the future mutual support missions into the country, subjecting any approval to objective criteria only without recourse to decisions of an anti-union nature.
13. 1443. The Committee notes the Government’s indications that: (1) it has no available record regarding Mr Choko and the eight other trade unionists who had participated in the demonstration on 18 November 2003 in Bulawayo; and (2) as concerns Mr Takaona’s case, the company Zimpapers is currently appealing an arbitration award made under section 98 of the Labour Act. With regard to the case against Mr Choko and the eight other trade unionists, the Committee recalls that the arrest and detention of trade unionists for engaging in trade union activity are violations of the principles of freedom of association. Nevertheless it will not pursue this matter without further information from the complainant. With respect to Mr Takaona the Committee recalls that he was dismissed from his journalist position at Zimpapers on 4 March 2004 due to his trade union activities [see 336th Report, para. 897]. Noting that the employer Zimpaper has appealed an arbitration award ordering Mr Takaona’s reinstatement, the Committee – in light of the time of period that has elapsed since Mr Takaona’s dismissal – once again requests the Government to ensure that he is rapidly reinstated in his functions at Zimpapers, or in an equivalent position, without loss of pay or benefits and to keep it informed in this regard.
14. 1444. The Committee notes the Bill on non-governmental organizations (the “NGO Bill”) which, according to the complainant, is aimed at preventing local NGOs from receiving funds for “issues of governance” – including the promotion and protection of human rights and political governance issues. The complainant indicates that the ZCTU has expressed concern that the Bill would be deployed to prevent it from receiving foreign funding for its activities. In this regard, the Committee recalls that all national organizations of employers and workers should have the right to receive financial assistance from international organizations of employers and workers, respectively, whether or not they are affiliated with the latter [see Digest, op. cit., para. 744]. Noting the Government’s statement that this Bill does not apply to trade unions, the Committee expects that the Government will ensure that, if adopted, the NGO Bill does not in any way restrict the right of trade unions to receive foreign financial assistance for legitimate trade union activities.
15. 1445. The Committee notes the complainant’s allegations that the Labour Amendment Act 2005 impinges upon trade union rights by: excluding public servants from the scope of its provisions, thus denying them the rights to strike and bargain collectively; granting the Minister of Labour power to approve collective bargaining agreements; permitting decisions of the Registrar to stand despite appeal, whereas previously an appeal would suspend the decision of the Registrar; and allowing employers to hire replacement workers in the event of a strike.
16. 1446. As regards civil servants, the Committee recalls that the right to strike may be restricted or prohibited only for public servants exercising authority in the name of the State; too broad a definition of the concept of public servant is likely to result in a very wide restriction or even a prohibition of the right to strike for these workers [see Digest, op. cit., paras 574-575]. Moreover, all public service workers other than those engaged in the administration of the State should enjoy collective bargaining rights, and priority should be given to collective bargaining as the means to settle disputes arising in connection with the determination of terms and conditions of employment in the public service [see Digest, op. cit., para. 886].
17. 1447. With respect to the Minister’s power to approve collective bargaining agreements, the Committee recalls that making the validity of collective agreements signed by the parties subject to the approval of these agreements by the authorities is contrary to the principles of collective bargaining and of Convention No. 98 [see Digest, op. cit., para. 1012].
18. 1448. As regard decisions of the Registrar, the Committee recalls that a decision to prohibit the registration of a trade union which has received legal recognition should not become effective until the statutory period of lodging an appeal against this decision has expired without an appeal having been lodged, or until it has been confirmed by the courts following an appeal [see Digest, op. cit., para. 301]. Finally, with respect to the hiring of replacement workers in the event of a strike, the Committee recalls that if a strike is legal, recourse to the use of labour drawn from outside the undertaking to replace the strikers for an indeterminate period entails a risk of derogation from the right to strike, which may affect the free exercise of trade union rights [see Digest, op. cit., para. 633].
19. 1449. The Committee requests the Government to take the necessary measures to review the Labour Amendment Act (2005), in full consultation with the social partners, and take the necessary measures to ensure that it is amended so as to give effect to the abovementioned principles.
20. 1450. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of the complaint.
21. 1451. Before concluding, the Committee is bound to note with deep concern that the trade union situation in Zimbabwe has not evolved, and may even have worsened, since its last examination of the case, where it made the following comments [see 342nd Report, para. 1052].
22. … The Committee deeply regrets the deterioration of the situation relating to the trade union climate in Zimbabwe since its last examination of the case, which it considered to be extremely serious [see 337th Report, para. 1670]. The Committee reiterates its deep concern in this regard, and once again calls the Governing Body’s special attention to the situation. Finally, the Committee requests the Government to accept a direct contacts mission.
23. 1452. In the light of the above, the Committee notes with grave concern that the Government has refused its request to accept a direct contacts mission. It urges the Government to reconsider its request for such a mission and once again calls the Governing Body’s special attention to the grave situation relating to the trade union climate in Zimbabwe.