regard. 126 This case was followed up by the Committee until 2004, when it regretted that no
action had been taken and referred the matter to the Committee of Experts. 127
207. In 2002, two cases were filed with the Committee by the ICFTU. Case No. 2184 concerned
alleged interference and a threat of deregistration; Case No. 2238 concerned alleged arrest,
detention, assault and governmental interference. Both of these cases were listed as serious
and urgent cases requiring the Governing Body’s special attention.
208. In Case No. 2184 it was alleged that on 14 March 2002 police officers attempted to enter the
headquarters of the ZCTU to monitor a meeting of its executive council. As the union
leadership did not allow them to enter, the police prevented the meeting from taking place.
Further allegations concerned the authorities’ alleged intention to deregister the ZCTU.
209. The Government stated that police officers approached the ZCTU to ascertain the nature of the
meeting, at which point the executive council abandoned its meeting citing police interference.
The Government stated that the police action was in accordance with the POSA, which
required prior notification of public meetings and authorized their monitoring by police. It
further informed the Committee that on the basis of a petition filed by the ZCTU, the High
Court had held in April 2002 that the POSA did not, in fact, apply to ZCTU meetings. The
Government alleged that the meeting was not a genuine trade union meeting but was aimed at
planning mass action against the Government, as shown by the ZCTU’s call for a stay-away
two days later. The Government reiterated that it would not interfere in genuine trade union
meetings, but if it had good cause to believe the meetings were of a political nature and
contravened the POSA, it would do so.
210. The Committee urged the Government to ensure that such interference by the authorities in the
meetings and internal affairs of trade unions was not repeated and to implement the High
Court order prohibiting police from attending a future ZCTU council meeting. The case was
mentioned as a serious and urgent case. 128
211. Case No. 2238 concerned allegations that nine trade union leaders were arrested on
9 December 2002 and released on 11 December, after a judicial order for their release. One of
the arrested trade unionists was beaten and warned that unless he ceased his trade union
activities he would be “eliminated”. The complainant further alleged that riot police had
disrupted a ZCTU meeting and assaulted workers. The Government stated that the detention
was for the purposes of questioning about a mass stay-away called by the ZCTU and that the
persons in question were members of a political organization whose agenda was to topple the
Government. They were questioned in this connection, and not in connection with activities
linked to the ZCTU’s mission.
212. The Committee recalled that trade union activities cannot be restricted solely to occupational
matters and workers’ organizations should be able to voice their opinions on political issues in
the broad sense of the word and it once again requested the Government to refrain from
interfering in the ZCTU’s trade union activities. The Committee was particularly concerned
that the recurrent arrest and detention of trade union leaders would create an atmosphere of
126
323rd Report of the Committee on Freedom of Association, Official Bulletin, Vol. LXXXIII,
2000, Series B, No. 3, paras 555–575.
127
333rd Report of the Committee on Freedom of Association, Official Bulletin, Vol. LXXXVII,
2004, Series B, No. 1, paras 177–180.
128
329th Report of the Committee on Freedom of Association, Official Bulletin, Vol. LXXXV,
2002, Series B, No. 3, paras 11, 818–831.
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