III.
19.
The Commission shall not receive statements or materials on matters outside its terms of
reference.
20.
The Commission reserves the right to recall witnesses, if necessary.
21.
The Commission may authorize representatives to question one another.
22.
The Commission reiterates that representatives and witnesses shall enjoy the privileges
and immunities referred to in paragraph (6) above, as well as full protection against any
kind of discrimination, intimidation, harassment or pressure, on account of their
appearance before, or contact with, the Commission, either during the hearing itself or
following it. No obstacles of any kind shall prevent witnesses from attending the
Commission’s hearing or communicating with it.
23.
While fully respecting the ILO rules and procedure for the conduct of the Commission of
Inquiry the Commission may, in its judgment, exercise its good offices for the
advancement and the welfare of the people of Zimbabwe and the promotion and
protection of trade union and human rights.
Communication of additional information
32. The Commission took note of the recent inauguration of the inclusive Government in
Zimbabwe and extended its wishes for its success and for the full realization of the GPA
between the ZANU–PF and the two MDC formations, on resolving the challenges facing
Zimbabwe, as signed on 15 September 2008. It expressed the hope that these developments
would have a positive impact on the issues of freedom of association rights that fell within the
mandate of the Commission of Inquiry. The Commission wrote to the President and Prime
Minister of Zimbabwe along these lines and shared its sentiments with the leadership of the
African Union (AU) and the Southern African Development Community (SADC).
33. The Commission invited the Government of Zimbabwe and the complainants to communicate
to it any additional information concerning the issues raised in the complaints regarding the
situation of freedom of association in the country. It decided that any new material received
from either party would be transmitted to the other party for possible comment.
34. The Commission further gave the opportunity of presenting any communication they might
wish to make on the matters raised in the complaint to those workers’ and employers’
organisations having consultative status with the ILO and which are universal or regional in
scope: the ITUC, the World Federation of Trade Unions (WFTU), the Organization of African
Trade Union Unity (OATUU), the International Organisation of Employers (IOE) and the
Pan-African Employers’ Federation (PAEF).
35. Further, the Commission informed various international organizations within the United
Nations system of the Governing Body’s decision to constitute a Commission of Inquiry to
examine the complaints concerning the observance by Zimbabwe of the freedom of
association Conventions and, with a view to the duty of coordination and cooperation with the
United Nations system, it offered those organizations the opportunity to present any
information they might consider relevant. The organizations thus addressed were: Food and
Agriculture Organization of the United Nations (FAO), Office of the UN High Commissioner
for Human Rights (OHCHR), United Nations High Commissioner for Refugees (UNHCR),
World Food Programme (WFP), World Health Organization (WHO), United Nations
Educational, Scientific and Cultural Organization (UNESCO), United Nations Economic and
Social Council (ECOSOC) and United Nations Department of Political Affairs (UNDPA).
36. Pursuant to article 27 of the ILO Constitution, the Commission also wrote to the governments
of the following countries neighbouring Zimbabwe seeking any information pertinent to the
complaints relating to freedom of association and collective bargaining that they might wish to
provide: Botswana, Mozambique, Namibia, South Africa and Zambia. The Commission also
Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3
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