intimidation and fear prejudicial to the normal development of trade union activities. This case
was listed as a serious and urgent case that was drawn to the special attention of the Governing
Body. 129
213. Case No. 2313 was filed by the ICFTU in 2003 and concerned further allegations of
intimidation, harassment, and arrest. It was followed up until 2007 and listed as a serious and
urgent case twice. The complainants alleged that 165 trade union leaders were arrested, and
some were seriously assaulted, during a national protest on 8 October 2003. Twenty trade
unionists who refused to pay a fine, insisting that they had been conducting legitimate trade
union activities, were charged under the Miscellaneous Offences Act. The complainants
further alleged a series of arrests before, during and after a nationwide protest on
18 November 2003 (the complainants alleged 390 arrests while the Government alleged
193 arrests over two days). The ZCTU alleged intimidation and harassment of trade union
members and leaders throughout the country, including interference by CIO operatives at one
trade union workshop and hostile questioning by ZANU–PF activists at another.
214. The Government replied that the trade unionists were arrested on 8 October 2003 and
20 November 2003 for organizing unlawful demonstrations, that they were all released after
paying fines for breach of the POSA or appearing in court, and that there had been no assaults.
The Government reiterated that many ZCTU officials were pursuing the political agenda of
the MDC, which aimed to remove the Government by violence.
215. The Committee observed that these incidents were similar to those in March 2002, discussed
in previous cases, and reiterated that trade union activities could not be restricted solely to
occupational matters. Pending additional information from both sides, the Committee recalled
that the detention of trade union members or leaders for reasons connected with their activities
constituted a serious interference with civil liberties in general and with trade union rights in
particular. Yet again, the case was listed as a serious and urgent case. 130
216. In 2006, the Committee noted that the Government had not sent its observations on further
allegations of violence towards trade unionists on 8 October 2003. The Committee deplored
the lack of cooperation and expressed deep concern over the arrests, delays in the hearing of
cases, and the assaults and serious injuries. It again drew the Governing Body’s special
attention to the situation. 131
217. Case No. 2328 was filed by the OATUU, the UNI and the ICFTU in March 2004 and
considered in March 2005. The complainants alleged that Mr Lovemore Matombo, President
of the ZCTU, was dismissed on 23 January 2004 by ZimPost. This followed his earlier
suspension for disrupting a board meeting on 11 December 2003 and an alleged absence from
work without official leave when he was leading the union’s delegation to the Eighth Congress
of the OATUU in Sudan.
218. The Government stated that Mr Matombo had not completed the necessary leave application
procedures before leaving for the Congress, and was subsequently charged with misconduct.
Following a disciplinary hearing before a committee that included members of his own trade
129
332nd Report of the Committee on Freedom of Association, Official Bulletin, Vol. LXXXVI,
2003, Series B, No. 3, paras 4, 957–970.
130
334th Report of the Committee on Freedom of Association, Official Bulletin, Vol. LXXXVII,
2004, Series B, No. 2, paras 4, 1090–1121.
131
43rd Report of the Committee on Freedom of Association, Official Bulletin, Vol. LXXXVIX,
2006, Series B, No. 3, paras 4, 1149–1169.
Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3
63
Select target paragraph3
Add to table of contents