9. National legislation in relation to freedom of association I. Introduction 111. Zimbabwe became a member of the UN and the ILO in 1980 and has ratified various international conventions, including the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. In the trade union rights context, it ratified, in 1998, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135), and in 2003, the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). It has ratified neither the Labour Relations (Public Service) Convention, 1978 (No. 151), nor the Collective Bargaining Convention, 1981 (No. 154). A. Legal system and governance 112. The legal system of Zimbabwe is predominately a mixture of Roman–Dutch law and English common law. The term “law” is defined to refer to the provisions of the Constitution, an Act of Parliament, a statutory instrument and any unwritten law in force in Zimbabwe, including legal precedents under the common law and customary law. According to article 113(1) of the Constitution, a statutory instrument comprises any proclamation, rule, regulation, by-law, order, notice or other instrument having the force of law made by the President, a vicepresident, a minister or any other person or authority under the Constitution or any Act of Parliament. 113. The current Constitution of Zimbabwe was drawn up as part of the Lancaster House Agreement (1979) primarily to transfer power from Britain as the colonial authority to an independent Zimbabwe. Between 1981 and 2007 it was amended 18 times. The last amendment, 69 laying down a framework for a new government, occurred following an Agreement between the ZANU–PF and the two MDC formations on resolving the challenges facing Zimbabwe, signed on 15 September 2008, 70 known as the GPA. 71 114. Under the latest constitutional provisions, the executive authority of the inclusive Government is shared between the President, the Prime Minister and the Cabinet. 72 The legislative authority of Zimbabwe is vested in the legislature which consists of, by virtue of article 32 of the Constitution, the President and Parliament. The bicameral Parliament consists of the Senate and the House of Assembly (article 33). Parliament is empowered to make laws for the peace, order and good government of Zimbabwe (article 50). 69 Constitution of Zimbabwe Amendment (No. 19) Act, 2008. 70 This Agreement acknowledges that the parties have agreed on a draft Constitution signed by them on 30 September 2007 in Kariba, on the enactment of the Constitution of Zimbabwe Amendment (No. 19) Act and amendments to a number of legislative Acts, including the POSA. 71 “Inter-party political agreement” under article 115 of the Constitution as amended by Act No. 19. 72 Schedule 8 of the Constitution as amended by Act No. 19, incorporating Article XX of the GPA in relation to the framework for a new government arrangement. 40 Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3