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 21

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