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307th ILO Governing Body

ILO Commission of Inquiry emphasizes the role of the process of national healing and reconciliation in ensuring freedom of association rights in Zimbabwe

An ILO Commission of Inquiry recently released its report entitled “Truth, reconciliation and justice in Zimbabwe”. The independent Commission of Inquiry, composed of high-level independent legal experts, had been mandated to examine the observance by Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), following complaints lodged by 13 Worker delegates and 13 Employer delegates to the 97th Session of the International Labour Conference in June 2008.

Press release | 29 March 2010

GENEVA (ILO News) – The Commission of Inquiry’s report was noted by the ILO Governing Body on 25 March 2010. The Government of Zimbabwe was represented at the session by Ms Paurina Mpariwa, the Minister of Labour and Social Affairs, who acknowledged that the Government had received the report and had taken note of its recommendations. She indicated that a full written response would be provided to the Governing Body within the period of time as set out in the ILO Constitution, thanked the ILO for its technical support in the past, and hoped for continued support in the future.

The Commission found that there had been systematic, and even systemic, violation of Conventions Nos. 87 and 98 in the country. In its report, it noted a systematic targeting of trade union officials and members, particularly in rural areas, through significant violence, unjustified detentions, the routine use of the police and army against strikes, widespread interference in trade union affairs and anti-union discrimination in employment, in what appeared to be a calculated attempt to intimidate and threaten Zimbabwe Congress of Trade Unions (ZCTU) members. It also noted with particular concern the failure to guarantee judicial independence and the rule of law, resulting in a situation of impunity for those perpetrating atrocities. This conclusion was based on what the Commission saw as a clear pattern of arrests, detentions, violence and torture of trade union leaders and members by the security forces that it believed indicated that there had been some centralized direction to the security forces to take such action.

The Commission undertook two missions to Zimbabwe during May and August 2009 when it met with over 300 persons including Government officials, leaders and members of trade unions and employers’ organizations, and representatives of civil society organizations.

“Looking to the future, and in a spirit of confidence building and reconstruction”, it believed that the implementation of its recommendations would be “helpful to Zimbabwe”. The Commission recommended that:

  • relevant legislative texts are brought in line with Conventions Nos 87 and 98;
  • all anti-union practices – arrests, detentions, violence, torture, intimidation and harassment, interference and anti-union discrimination – are ceased with immediate effect;
  • national institutions continue the process the Commission had started whereby people had been heard, in particular referring to the Zimbabwe Human Rights Commission and the Organ for National Healing and Reconciliation;
  • training on freedom of association and collective bargaining, civil liberties and human rights is given to key personnel in the country;
  • the rule of law and the role of the Courts are reinforced;
  • social dialogue is strengthened in recognition of its importance in the maintenance of democracy; and
  • ILO technical assistance to the country is continued.

The Commission of Inquiry concluded its report by recording that in the progress of its work it had witnessed a country in crisis. It felt that Zimbabwe faced a challenge in building a “bridge from division and social tension to a peaceful and just future”. The Commission stressed that the move towards truth, reconciliation and justice needed to be sustained and it hoped that its report would contribute to this process.

The three Commissioners appointed in November 2008 by the Governing Body of the ILO were: Judge Raymond Ranjeva, former Vice-President of the International Court of Justice; Dr Evance Kalula, Professor of Employment Law and Social Security and Director of the Institute of Development and Law of the University of Cape Town; and Dr Bertrand Ramcharan, former Acting UN High Commissioner for Human Rights and UN Under Secretary-General.