2.
Relations with the ILO concerning
freedom of association
8. Zimbabwe joined the ILO upon gaining independence in 1980 and has currently ratified
26 Conventions, including all the fundamental Conventions. Zimbabwe’s observance of the
Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Freedom of
Association and Protection of the Right to Organise Convention, 1948 (No. 87), has been
examined regularly by the Committee of Experts on the Application of Conventions and
Recommendations. The Conference Committee has discussed the case of Zimbabwe four
times in relation to Convention No. 98 and three times in relation to Convention No. 87,
mentioning the country in a special paragraph of its report once for Convention No. 98 and
twice for Convention No. 87. 3 Nine complaints against Zimbabwe have been considered by
the Committee on Freedom of Association, seven of which have been brought to the special
attention of the Governing Body as serious and urgent cases. 4
9. For the first 16 years of its membership of the ILO, no complaints were filed in relation to
Zimbabwe’s observance of the freedom of association and collective bargaining Conventions.
The first two complaints were submitted to the Committee on Freedom of Association in 1996
by the International Confederation of Free Trade Unions (ICFTU), alleging that the police
violently broke up a demonstration of workers in support of striking doctors and nurses, and in
1997 by the International Federation of Commercial, Clerical, Professional and Technical
Employees, alleging the mass dismissal of bank workers following a strike. The Government
provided information to the Committee on Freedom of Association in relation to both of these
cases.
10. The following year a complaint was filed by the Zimbabwe Congress of Trade Unions
(ZCTU), alleging violent police interventions in large-scale national demonstrations, an
assault on its Secretary-General, Mr Morgan Tsvangirai, arson on a regional union office, and
a Presidential declaration that all industrial action was illegal for a six-month period. While
the Government provided comments on the allegations, it considered that it was inappropriate
to instigate independent inquiries or legislative amendments in accordance with the
Committee on Freedom of Association’s requests. In 2007, the Committee regretted the
Government’s “continued and long-standing failure to cooperate”. 5
11. Convention No. 98 came into force in Zimbabwe on 27 August 1999. The Committee of
Experts considered the country’s first report in November 2000. In a direct request, it
addressed concerns involving legislative discrepancies concerning, in particular, interference
in trade union affairs, compulsory arbitration, collective bargaining and the coverage of public
3
The comments of the Committee of Experts were considered by the Conference Committee in
relation to Convention No. 98 in 2002, 2003, 2004 and 2005; and in relation to Convention No. 87
in 2006, 2007 and 2008.
4
Cases Nos 1909, 1937, 2027, 2081, 2184, 2238, 2313, 2328 and 2365.
5
344th Report of the Committee on Freedom of Association, Official Bulletin, Vol. XC, 2007,
Series B, No. 1, para. 247. See also 331st Report of the Committee on Freedom of Association,
Official Bulletin, Vol. LXXXVI, 2003, Series B, No. 2; 332nd Report of the Committee on Freedom
of Association, Official Bulletin, Vol. LXXXVI, 2003, Series B, No. 3; 333rd Report of the
Committee on Freedom of Association, Official Bulletin, Vol. LXXXVII, 2004, Series B, No. 1;
336th Report of the Committee on Freedom of Association, Official Bulletin, Vol. LXXXVIII,
2003, Series B, No. 1; and 340th Report of the Committee on Freedom of Association, Official
Bulletin, Vol. LXXXVIX, 2006, Series B, No. 2.
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