That was the resolution of the just-ended ILO conference in Geneva.
A special Commission of Inquiry of the ILO said after a fact-finding mission to Zimbabwe in 2008 that government was responsible for serious violations of fundamental rights, in particular concerning freedom to organise trade unions and to collective bargaining, the right to strike, and protection of trade unionists from discrimination.
As a testimony to the grave nature of the violations, it was the first time in the history of the ILO that both trade unions and employer organisations filed a complaint against a government, leading to the establishment of the Commission of Inquiry in 2008.
The inquiry came hard on the heels of the battering of labour leaders after a foiled march in the capital, Harare in 2007. Labour leaders Wellington Chibebe and Lovemore Matombo sustained grave head injuries in the police assault.
The Commission travelled to Zimbabwe and heard testimony from workers, as well as meeting government and employer representatives.
The Commission found the violations to be both systematic and systemic and highlighted that it “sees a clear pattern of arrests, detentions, violence and torture by the security forces against trade unionists that coincide with ZCTU nationwide events, indicating that there has been some centralized direction to the security forces to take such action.”
It also concluded that “there was another clear pattern of control over ZCTU trade union gatherings, be they internal meetings or public demonstrations through the application of the POSA” and that “detentions and targeted violence have been used to intimidate both leaders and rank and file members of the trade union in a systematic and systemic manner.” The POSA, or Public Order and Security Act, has been used regularly as a pretext for anti-union action by the Mugabe regime.
The COI report also detailed violations of other fundamental human rights against trade unionists, including freedom from arbitrary arrest and detention, and the right to “security of the person”. Many Zimbabwean trade unionists have been severely beaten by security forces and others acting at the behest of the regime over the past several years.
“We are very concerned that, even with a more inclusive government now in Zimbabwe, those aligned to President Robert Mugabe are still encouraging and authoring acts of intimidation and violence against trade unionists. This important report should strengthen the determination of the international community to keep up the pressure for the rule of law and respect for fundamental rights in Zimbabwe,” said ITUC general secretary Guy Ryder at the end of the inquiry.
The Commission issued seven recommendations that the government has to implement to ensure the full implementation of ILO Conventions 87 and 98 on freedom of association and collective bargaining, and which could contribute to the process of national reconciliation.
The just-ended Geneva conference received the report of the inquiry and noted that a representative of the Zimbabwe government had appeared before the committee to report on the follow-up to the recommendations of the ILO Commission of Inquiry, which it had accepted in full.
"He was not aware of the allegations of non-compliance raised by the worker member of Zimbabwe, otherwise he would have immediately called for a meeting of the TNF (Trpartite Negotiating Forum)," said a report from the Geneva conference.
"The acts resulting in the derailing of social dialogue originated from other arms of the State, which might not understand social dialogue. In this regard, the implementation of the recommendations of the Commission of Inquiry was anxiously awaited."
The ILO noted that because the Zimbabwe government had been controversially elected to the ILO Governing Body, which represented an honour for the country, some ILO members were of the view that Zimbabwe should not be elected because of alleged continuing violations of Conventions Nos 87 and 98.
The Geneva conference heard that the Zimbabwe government had indicated that it was fully aware of the onerous responsibility it was taking on by sitting on the ILO Governing Body, its members having a higher level of accountability than other ILO members.
"Such a level of responsibility would strengthen the responsibilities of the government with respect to compliance with ILO Conventions," the Geneve conference resolved.
"He concluded by underlining that the recommendations of the Commission of Inquiry were a solid foundation for Zimbabwe and progress made in implementing them so far had showed room for improvement. The process of implementing the recommendations of the Commission of Inquiry should be expedited."
Post published in: Politics