ILO inquiry endorses union claims of 'systematic violations' in Zimbabwe

Solidarity with Zimbabwe's unions

Response to ILO Inquiry Report

March 2010

The TUC is publishing the response of the President of the Zimbabwe Congress of Trade Unions (ZCTU) to the report of an ILO commission of inquiry into allegations made by the unions and employers about attacks on the Zimbabwean trade union movement by the ZANU-PF government of Robert Mugabe. The ILO Commission has endorsed the complaints of the ZCTU in a strongly worded analysis of what has been wrong - and in many cases still is - with Zimbabwe's human and trade union rights environment.

The ILO Commission report concluded that 'there was systematic, and even systemic, violation of the [ILO] Conventions in the country. It saw a clear pattern of arrests, detentions, violence and torture of trade union leaders and members by the security forces coinciding with Zimbabwe Congress of Trade Unions (ZCTU) nationwide events, indicating some centralized direction to the security forces to take such action and a clear pattern of control over ZCTU trade union gatherings through the application of the Public Order and Security Act (POSA). It noted the systematic targeting of ZCTU officials and members, particularly in rural areas, involving significant violence and anti-union discrimination in employment, in what appeared to be a calculated attempt to intimidate and threaten ZCTU members. It also noted with particular concern the routine use of the police and army against strikes, widespread interference in trade union affairs and the failure to guarantee judicial independence and the rule of law, resulting in a situation of impunity for those perpetrating atrocities.'

REMARKS BY ZCTU PRESIDENT LOVEMORE MATOMBO AT A PRESS CONFERENCE ON THE DELIVERY OF THE ILO COMMISSION OF INQUIRY REPORT - 15 MARCH 2010

The Zimbabwe Congress of Trade Unions has taken delivery of the report compiled by an International Labour Organization Commission of Inquiry into violations of trade union rights in Zimbabwe. As ZCTU we welcome the finalization of this report. Its delivery puts to rest accusations that the ZCTU was bent on tarnishing the image of the country through peddling lies of human and trade union rights abuses. We are elated the Commission of Inquiry found the evidence (oral, written and electronic) that was presented, to be authentic and admissible, hence the recommendations they arrived at.

The International Labour conference of June 2008 approved the setting up of the Commission of Inquiry after the ZCTU successfully filed cases of trade union rights abuses since the year 2002. In November 2008, the ILO Governing Body set up the Commission to probe the violation of Convention no. 87 on Freedom of Association and the Protection of the Right to Organize, and Convention no. 98 on the Right to Organize and Collective Bargaining Convention. Zimbabwe ratified Convention no. 87 on 9 April 2003 while Convention 98 was ratified on 27 August 1998.

The case of Zimbabwe was the first and unique in the history of the ILO where both the worker and employer delegates filed a complaint against the Government. This is a pointer to the gravity of the violations at the time. Basically the violations bordered on curtailment of the right to strike and demonstrate, arrests, detentions, torture, assaults, intimidation and harassment of trade unionists, interference in trade union affairs, trade union discrimination, and collective bargaining.

When the inquiry began a cross section of people were interviewed including government and employers. Government concurred that regrettable 'things' had happened and that such 'things' should not be allowed to happen again. In a way this was an admission that infringement of trade union rights had occurred, this was an admission that atrocities had occurred.

The Commission came up with a number of resolutions which it said if followed, would help in the process of reconciliation in the country. One of the key recommendations is that the Labour Act and the Public Service Act be brought into line with Conventions 87 and 98. The Public Order and Security Act was also found to have been used against trade unions even if it states that trade union activities are not covered by the Act. Evidence was submitted that showed that POSA had been used extensively to thwart trade union activity.

The Commission also recommended that all anti-union practices such as arrests, detentions, violence, torture, intimidation, and anti-union discrimination cease with immediate effect and steps be taken to ensure that these acts do not occur again. The Commission also recommended that all pending cases on trumped up charges against trade unionists be brought to an end.

Also among the recommendations is the immediate operation of the Zimbabwe Human Rights Commission, the training of police, security forces and other social partners on freedom of association, collective bargaining, civil liberties and human rights.

In terms of the ILO Constitution the government has three months in which to inform the ILO Director General whether or not they accept the recommendations made in the report. If they reject the recommendations contained in the report, they have the option of referring the matter to the International Court of Justice. The decision of the International Court of Justice is final and failure by government to carry out the specified recommendations the Governing Body can then recommend to the ILO Conference action that it deems necessary for compliance.

We would like to urge the government to embrace the report to avoid further embarrassment and implement the recommendations as laid out. We will create a better and peaceful future by accepting and owning up to our wrong doings. This is a clean start that has been offered to our government but it is only possible if government implements to the letter all the recommendations.

Meanwhile, the Kadoma Declaration that was launched two weeks ago also offers the government a fresh start. The document clearly spells out what needs to be done to address the problems we face as a country. Given the fact that the President of this country launched the Kadoma Declaration, we are hopeful that issues to do with lack of observance of the Rule of Law, lack of respect for human and trade union rights, and the general lack of tolerance of different political views will be addresses as we seek to move forward.