10.
Zimbabwe and international labour
standards: Consideration by the ILO
supervisory bodies
194. Zimbabwe’s observance of Conventions Nos 87 and 98 has been examined by both the general
and special ILO supervisory mechanisms. The Committee on Freedom of Association has
examined nine complaints from workers’ organizations, and the Committee of Experts has
examined the legislative aspects of Zimbabwe’s observance of both Conventions since their
ratification. 117
I.
Committee on Freedom of Association
195. The first complaint against Zimbabwe was filed in 1996. The ICFTU filed a complaint
alleging that police violently broke up a peaceful demonstration (Case No. 1909). The
complainant alleged that 100 workers who had gathered in solidarity with striking nurses and
doctors had been attacked by 50 police officers firing tear gas and using clubs to beat those
who tried to leave. The police allegedly arrested Mr Morgan Tsvangirai (ZCTU Secretary
General) and Mr Isaac Matongo (ZCTU Vice-President) and questioned them at the police
station. The complainants commented upon a general failure in social dialogue and unrest in
the public sector throughout 1996, epitomized by the unilateral dismissal of 1,000 doctors and
nurses in the face of grievances, leading to a three-week health sector strike.
196. The Government categorically denied violence on the part of the police, and emphasized the
constitutional guarantee of freedom of association in Zimbabwe. It stated that no court cases
had been based on these allegations, nor were there any medical reports of injuries. The
Government stated that when a group of people had attempted to enter the court that was
hearing the case concerning the strike by doctors and nurses, the situation had become violent.
As a result, after appropriate warnings, the police had used tear gas to disperse the crowd and
restore order without assaulting anyone. While no one had been arrested, two ZCTU officials
had been questioned at the police station about an intended general strike. Finally, the
Government stated that, as doctors and nurses were considered to work in essential services in
Zimbabwe, their strike was accordingly illegal.
197. In the context of the contradictory statements, the Committee insisted upon the principles
concerning the right to peaceful demonstration and urged that trade unionists not be
questioned in police detention in the future. 118
198. In the following year, 1997, a case was brought by the International Federation of
Commercial, Clerical, Professional and Technical Employees in relation to a strike by
employees of the Standard Chartered Bank (Case No. 1937). 119 The complainants argued that
the employers had obtained a disposal order from the Ministry of Public Service, Labour and
Welfare decreeing that striking workers return to work and authorizing the bank to take
117
The comments of the Committee of Experts were further considered by the Conference
Committee on the Application of Standards a number of times: in relation to Convention No. 98 in
2002, 2003, 2004 and 2005; and in relation to Convention No. 87 in 2006, 2007 and 2008.
118
307th Report of the Committee on Freedom of Association, Case No. 1909, ILO, Official
Bulletin, Vol. LXXX, 1997, Series B, No. 2, paras 489–495.
119
309th Report of the Committee on Freedom of Association, Case No. 1937, ILO, Official
Bulletin, Vol. LXXXI, 1998, Series B, No. 1, paras 421–452 (followed up 28 times).
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