11. The systematic and systemic nature of problems in the implementation of trade union rights 257. The Commission received allegations that an orchestrated campaign had been waged against the trade union movement amounting to a systematic violation of the freedom of association Conventions throughout the country, in every sector, over a large number of years and in relation to trade union leaders and members. 138 The allegations also claimed violations of civil liberties. Most of the allegations concerned events that occurred before the establishment of the inclusive Government, although the Commission received submissions that the systematic campaign had not been abandoned and had been used sporadically in recent months. 258. Many of the interlocutors whom the Commission met during its mission alleged a lack of rule of law and democratic governance in Zimbabwe which particularly impacted upon freedom of association and collective bargaining rights. Allegations were made concerning a failure to respect civil liberties and human rights, thus giving rise to a context in which, according to the complainants, trade union rights could not be freely exercised. The ZCTU asserted that the labour court system provided no protection for trade union or human rights. 139 259. The Commission received much information concerning the excessive involvement of the police and intelligence services in every aspect of trade union life. First, the police insisted on permission being requested, and on being present at, almost all trade union events. Second, trade unionists alleged the systematic use of violence, arrests and detention by the security forces as a form of intimidation. In this regard, a legal practitioner spoke to the Commission of an exceedingly high acquittal rate in relation to the hundreds of arrests of trade union leaders and members over the past ten years. Often trade unionists were arrested and detained, to be released some time afterwards without being charged. He indicated that no one had been convicted of any crime despite the many detentions, thus evidencing a campaign against the ZCTU that was not based on criminal actions on the part of union members, but was aimed at punishing trade union membership and activism. 140 260. Many of the interlocutors whom the Commission met described a personal effect on them of what they perceived to be systematic targeting on account of their trade union membership: 141 The two events [detentions in relation to demonstrations on 28 August 2003 and 13 September 2006] made me angry because the people who arrested me had no reason to assault us ... After all we had demonstrated during broad daylight and everybody who was there were all well-known residents ... I can only conclude that the assault was only intended to punish or intimidate us. I felt frustrated by the two events. I felt violated by the assault at the hands of the police. I also felt dehumanized and disenfranchised; an alien in my own country. I had lost my basic freedoms due to the incarceration. There was nothing that I could 138 The complaints from the Workers’ and Employers’ delegates submitted under Article 26 refer to trade unionists being “systematically arrested, detained, harassed and intimidated” and claim that the POSA and Criminal Law “have been systematically used to repress basic civil liberties and trade union rights”. 139 Meeting with the ZCTU, 12 Aug. 2009, Harare. 140 Meeting with the ZCTU, 14 Aug. 2009, Harare. 141 Meeting with the ZCTU, 14 Aug. 2009, Harare; written statement from trade union member, Aug. 2009. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 73