Summary In November 2008, the Governing Body of the ILO decided to set up a Commission of Inquiry, in accordance with article 26, paragraph 4, of the ILO Constitution, to examine the complaints filed by a number of delegates to the Conference concerning the observance by the Government of Zimbabwe of Conventions Nos 87 and 98 on freedom of association. As recalled by the Director-General of the ILO at the inaugural session of the Commission, this was the first occasion on which a Commission of Inquiry had arisen out of simultaneous complaints from Workers’ and Employers’ delegates to the Conference. The complaints examined by the Commission of Inquiry referred in particular to serious allegations of violations of basic civil liberties, including the quasi-systematic arrest, detention, harassment and intimidation of trade union leaders and members for the exercise of legitimate trade union activities. The members of the Commission of Inquiry were: Judge Raymond Ranjeva (Madagascar, Chairperson), Dr Evance Kalula (Zambia) and Dr Bertrand Ramcharan (Guyana). In view of political developments leading to a Global Political Agreement, the Commission of Inquiry undertook a preliminary visit of goodwill and initial contacts to Zimbabwe in May 2009 to familiarize itself with the situation in the country following the establishment of the inclusive Government. The Commission explained to those whom it met that, while working in the judicial spirit that characterizes ILO Commissions of Inquiry, it was at the same time desirous of contributing to the process of reconciliation and healing in Zimbabwe. The Commission then undertook a full fact-finding mission to Zimbabwe in August 2009. The Report of the Commission of Inquiry, in addition to outlining the substance of the communications received, reviews the historical and socio-economic context of trade unionism in Zimbabwe, both during the period of colonization and white minority government, and following independence in 1980. It reports on the current socio-economic context in the country and reviews the national legislation in relation to freedom of association. It then summarizes the comments made by the ILO supervisory bodies over the years on the application of Conventions Nos 87 and 98 in Zimbabwe. The report summarizes the information on the factual matters investigated by the Commission relating to the systematic violation of freedom of association rights. More specifically, it discusses allegations concerning the right to strike and demonstrate; arrests, detentions, assaults and torture; intimidation and harassment of trade unionists and, in particular, teachers, farm workers and the business community; interference in trade union affairs and trade union discrimination; collective bargaining and social dialogue; and the institutional protection of trade union rights. It also considers statements concerning attempts at a healing and reconciliation process in Zimbabwe. In its conclusions, the Commission of Inquiry notes that, by and large, it found little disagreement between the complainants and the Government of Zimbabwe in relation to many of the allegations. The Government of Zimbabwe accepted that “things” had happened, that they were regrettable and that it was important to ensure that such “things” did not happen again. However, there was a certain amount of disagreement as to the extent of the regrettable events and their causes. The Commission of Inquiry concludes that there was systematic, and even systemic, violation of the Conventions in the country. It saw a clear pattern of arrests, detentions, violence and torture of trade union leaders and members by the security forces coinciding with Zimbabwe Congress of Trade Unions (ZCTU) nationwide events, indicating some centralized direction to the security forces to take such action and a clear pattern of control Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 vii