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.
In its recommendations, the Commission of Inquiry therefore calls for:
the harmonization of the relevant legislative texts, and particularly the Labour Act,
the Public Service Act and the Public Order and Security Act, with Conventions
Nos 87 and 98, as requested by the ILO supervisory bodies;
the cessation with immediate effect of all anti-union practices, as documented in its
report;
the Zimbabwe Human Rights Commission to be rendered operational as soon as
possible, with adequate resources;
the provision of training on freedom of association and collective bargaining, civil
liberties and human rights to key personnel in the country, most notably the police,
security forces and the social partners;
the reinforcement of the rule of law and the role of the courts in Zimbabwe, by
ensuring that the courts are respected, properly resourced and provided with
appropriate training and support;
the continued strengthening of social dialogue; and
the continuation of ILO technical assistance in these areas.
Finally, the Commission of Inquiry observes that it witnessed a country in deep crisis,
which is facing the challenge of building a bridge from division and social tension to a
peaceful and just future. The move towards truth, reconciliation and justice needs to be
sustained and the Commission of Inquiry hopes that its report will contribute to this
process. It expresses its firm belief in a positive future for Zimbabwe and affirms that the
implementation of the two Conventions on freedom of association can pave the way to
genuine democracy. And, in conclusion, it emphasizes that the rule of law, democracy and
respect for human rights beckon the country to higher ground. Zimbabweans expect and
deserve no less.
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