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NORMLEX Home > Country profiles > > Country comments > Texts of comments: Zimbabwe

Comments adopted by the CEACR: Zimbabwe

Adopted by the CEACR in 2021

C026 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 and 99 (minimum wage) together.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Consultation of social partners. The Committee previously noted the observations of the Zimbabwe Congress of Trade Unions (ZCTU) expressing concern at the disregard for tripartite consultation and the lack of consideration regarding costs of living, in the adoption of the statutory minimum wage through Statutory Instrument 81 of 2020. ZCTU also expressed concerns at the erosion of workers’ buying power and the deteriorating socio-economic environment plunging agricultural workers into poverty. The Committee notes the indication in the Government’s report that consultations regarding Statutory Instrument No. 81 of 2020 took place in the Tripartite Negotiating Forum (TNF). The Government also indicates that, as the TNF reached a deadlock, the Government examined the submissions of employers and workers and the Poverty Datum Line before promulgating that instrument, which was an interim measure to address wage erosion, while sectoral negotiations were expected to continue in national employment councils. The Committee also notes the adoption of revised minimum wage rates in the agricultural sector, negotiated in 2021 within the National Employment Council for Agriculture, and the Government’s statement that it cannot interfere with bipartite negotiations between employers and workers. The Committee emphasizes that respect for collective bargaining is without prejudice to the obligation to establish a minimum wage machinery and requests the Government to provide information on the outcomes of tripartite consultations regarding any future revision of the statutory minimum wage.

Article 4(1) of Convention No. 26 and Article 4(1) of Convention No. 99. System of supervision and sanctions. The Committee previously noted the measures taken to strengthen labour inspection as well as the concerns of ZCTU regarding the weakness and lack of resources of the labour inspectorate. It referred the Government to its comments adopted in 2020 concerning the ratified Conventions on labour inspection. In this respect, the Government provides information on the measures taken to improve the conditions of service and transport facilities of labour inspectors. The Committee takes note of this information, which addresses its previous request.

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the recommendations of the Commission of Inquiry appointed under article 26 of the Constitution of the ILO

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC), received on 1 September 2021, which refer to the issues addressed by the Committee below.

Civil liberties and trade union rights. The Committee recalls that in its previous comments it expressed concern at the allegations submitted by the ITUC and the Zimbabwe Congress of Trade Unions (ZCTU) that, since the January 2019 crackdown on the ZCTU-organized general strike, the ZCTU President and General Secretary remained charged with subversion and were under strict release conditions, banned from traveling and forced to check in regularly at the police station. Both organizations further alleged retaliatory acts and violence against leaders of the Amalgamated Rural Teachers Union (ARTUZ) following protests organized by the ZCTU in 2020, and repression against workers’ protests in the health sector and several other instances of violation of civil liberties in the country that took place in 2020.

The Committee notes the Government’s indication that the case of the ZCTU President and General Secretary is still pending before the High Court. The matter was however removed from the court roll to enable the State to finalize its investigations, after which it will proceed by way of summons. The Government indicates that the social partners discussed this case in the tripartite meeting held on 5 and 6 October 2021 and agreed that the Government will engage the Prosecutor General’s Office to find a way forward with a view to bringing the matter to finality. The Government further indicates that the social partners discussed the case of the ARTUZ, which has been reported to the police. However, more information is needed about the ARTUZ Secretary for Gender who is said to have been arrested and tortured to enable Government to investigate the matter further, to engage with Zimbabwe Republic Police and to provide updates accordingly. At the meeting, the members of the ZCTU agreed to submit more information and details to enable the Ministry of Public Service, Labour and Social Welfare to pursue the matter. With regard to the ITUC and the ZCTU 2020 allegations, the Government indicates that it has requested specific details on some of the cases to enable proper follow up and responses on issues raised. The Committee requests the Government to provide information on all progress made on the above-mentioned cases. It further requests the Government to provide its comments on the conviction and sentencing of a primary school teacher for public violence after being arrested while protesting against poor salaries, as alleged by the ITUC in its latest communication.

The Committee recalls that it had previously noted that a commission of inquiry established to investigate the disturbances of 31 August 2018 found that six people were killed and 35 injured as a result of the military and police action, and recommended a payment of compensation for losses and damages caused. Noting with concern that the ZCTU personnel suffered injuries during these events, the Committee requested the Government to provide information on all progress made in giving effect to the commission’s recommendations. The Committee notes the Government’s indication that the consultations on compensation modalities are still ongoing. The Committee regrets that more than three years after the events, the issue of compensation has not been resolved. The Committee urges the Government to take the necessary steps to ensure that the compensation for damages suffered is paid without further delay and requests the Government to inform it of all progress made in this regard.

The Committee recalls that it had previously noted the Government’s indication that the training curriculum on freedom of association has been mainstreamed in the Police training manuals, that the Training Centres have been conducting the trainings and that the issue of alleged clashes between police and trade unions and alleged harassment by the police at roadblocks/checkpoints was an ongoing subject of discussion under the auspices of the Tripartite Negotiating Forum (TNF). The Committee further recalls that according to the Government, the TNF Social Cluster was tasked to engage the Police and develop a standard checklist for use by security forces at checkpoints. The Committee requested the Government to provide detailed information on the work carried out by the TNF Social Cluster and on the progress in its engagement with the police forces.

The Committee notes the Government’s indication that it prioritizes and will keep prioritizing continuous training and engagement of law enforcement agencies on fundamental principles and rights at work. The Government informs that a tripartite meeting to strengthen the observance of international labour standards and social dialogue in Zimbabwe was held on 30 July and 26 August 2021. The objective of the meeting was to discuss joint priorities as well as to come up with a roadmap to that end. The Government points out that one of the priorities is to improve engagement between trade unions and law enforcement agents. The Government indicates that to that end, consensus engagement workshops will be held between trade unions and law enforcement bodies in 2022 to review the implementation of the two instruments developed for use by the law enforcement bodies (the handbook on international labour standards and the code of conduct), to unpack the Maintenance of Peace and Order Act (MOPA) and to address the concerns of all parties.

The Committee notes a copy of the roadmap provided by the Government and the detailed information on the work of the TNF Social Cluster, in particular as regards various measures to contain the spread of COVID-19, including the issue of the need to have a standardized checklist to be used by security agents at roadblocks/checkpoints during lockdowns, so as to facilitate ease of passage of essential workers. The Committee further notes the Government’s indication that the guidelines and checklist for checkpoints were agreed to but are yet to be considered by the main TNF. The Committee requests the Government to provide information on the outcome of engagement between trade unions and the law enforcement bodies, which it expects will include a thorough examination of the allegations by the ZCTU and the ITUC of cases of violation of civil liberties. The Committee urges the Government to take the necessary measures for the adoption without further delay of the above-mentioned guidelines and checklists by the main TNF.

Maintenance of Peace and Order Act (MOPA). The Committee had noted the enactment of the MOPA in November 2019 and observed in this respect that it did not apply to public gatherings held by a registered trade union for bona fide trade union purposes for the conduct of business in accordance with the Labour Act. In this respect, noting its similarity to the repealed Public Order and Security Act (POSA), the Committee recalled the concerns previously raised by the ILO supervisory bodies regarding POSA’s de facto application to trade union activities and expected that the consultative meeting with the social partners to unpack the new legislation, which had been suspended due to the COVID-19 pandemic, would be held as soon as possible.

The Committee notes the Government’s indication that one of the activities agreed to at the tripartite meeting mentioned above is a tripartite consultative workshop to unpack the MOPA and that this unpacking and the general interface between the trade unions and the police should be with the view to addressing the concerns of all parties and in the main strengthening observance of international labour standards in Zimbabwe. The Committee expects that such a workshop will take place as soon as possible and requests the Government to provide information on all developments in this regard.

Labour law reform and harmonization. The Committee recalls that for a number of years it has been requesting the Government to bring the Labour Act, Public Service Act and Health Services Act into conformity with the Convention in full consultation with the social partners. The Committee expected that the operationalization of the TNF would allow for labour law reform and public service legislation harmonization to be concluded without further delay.

The Committee notes the Government’s indication that the Labour Amendment Bill is a product of extensive consultations with social partners and relevant stakeholders to bring the Labour Act into conformity with the comments made by the ILO supervisory bodies. The Government informs that, together with the Attorney General’s Office, it convened a peer review on the Labour Amendment Bill in April 2021 to ensure that all principles of the Convention and issues raised by social partners are incorporated into the Bill. The Bill was submitted to the Cabinet Committee on Legislation in May 2021, approved by Cabinet on 28 September 2021 and is now pending in Parliament. The Government explains that it was the agreement of the social partners that any outstanding issues regarding the international labour standards will be dealt with through the public consultations of the Parliament, which is open to all, including the social partners. To enable the social partners to do extensive consultations before the public hearings of the Parliamentary Portfolio Committee on Labour, they were provided with a copy of the Bill during the tripartite Consensus Building meeting held from 5 to 6 October 2021. The Government expects that the Parliamentary Legal Committee and the Parliamentary Portfolio Committee will be sensitized through a workshop to be arranged in conjunction with the Office on the comments made by the supervisory bodies with a view to ensuring that the Parliamentary Committees are empowered to play an oversight role on the development of a labour legislation responsive to deficiencies noted by the supervisory bodies. The Government indicates that it will provide the Committee with the new legislation once it is enacted into law.

The Government further informs that once the Constitutional Amendment Bill passed Parliament in April 2021, the Attorney General’s Office began working on the Public Service Amendment Bill. The Public Service Commission (PSC) has since received the third draft from the Attorney General’s Office for consideration. After consideration by the PSC, a stakeholder consultation will be held with all public service stakeholders. The Bill will be tabled before the TNF prior to its submission to Cabinet.

The Government further indicates that bilateral consultations within the Health Services Board are still ongoing on the principles of amending the Health Services Act. The parties are desirous of embarking on a holistic revamping of the Health Services in view of the shortcomings identified during the COVID-19 response period. It is envisaged that once these are finalized, they will be submitted to the TNF for consideration.

The Committee notes the detailed information provided by the Government on the work carried out by the TNF and its various clusters. The Government considers that the operationalization of the TNF will indeed expedite legislative reform in the world of work. The Government further considers that to this end, the enactment of the Standard Operating Procedures of the TNF, the appointment of its Executive Director, and the establishment of an independent secretariat are matters of priority and are currently under way within the Labour Cluster of the TNF.

The Committee welcomes the information provided by the Government on the legislative developments and the involvement of the social partners in the process in and outside the TNF. The Committee requests the Government to provide information on all further progress made in in this regard.

The Committee notes the Government’s request for technical assistance of the Office with regard to the issues raised above and trusts that all necessary assistance will continue to be provided to the Government and its social partners.

The Committee welcomes the Government’s indication that it will be engaging with the Office for mutually suitable dates in 2022 to receive the direct contacts mission requested by the Conference Committee.

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment involving compulsory prison labour (by virtue of section 76(1) of the Prisons Act (Cap. 7:11) and section 66(1) of the Prisons (General) Regulations 1996) may be imposed under sections 64(1)(c)–(d), 72(1)–(2) and 80 of the Access to Information and Protection of Privacy Act (Cap. 10:27) (AIPP Act) for the abuse of freedom of expression, operating a mass media service without a registration certificate, falsification or fabrication of information, or contravention of any other provision of the Act. The Committee further noted the Government’s information that the AIPP Act was repealed in July 2020 and replaced with the Freedom of Information Act No. 1 of 2020 and requested the Government to supply a copy of the Act.

The Committee notes with interest that the Freedom of Information Act No.1 of 2020, which contains provisions concerning requests for access to information held by public entities to promote public accountability or for the exercise or protection of a right, does not retain any of the provisions which were contained under sections 64(1)(c)–(d), 72(1)–(2) and 80 of the AIPP Act.

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the detailed discussion, which took place at the 109th Session of the Conference Committee on the Application of Standards in June 2021, concerning the application by Zimbabwe of the Convention.

The Conference Committee deplored the continued use of penal sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political or social system. It urged the Government to ensure that no penalties involving forced labour may be imposed so as to be in compliance with Articles 1(a) and 1(d) of the Convention; and to repeal or amend sections 31, 33, 37 and 41 of the Criminal Law (Codification and Reform) Act No 23/2004 (Cap. 9:23) (Criminal Law Code), sections 7(5) and 8(11) of the Maintenance of Peace and Order Act No. 9 of 2019 (MOPA), and sections 102(b), 104(2)–(3), 109(1)–(2), and 112(1) of the Labour Act in order to bring them into conformity with the Convention in consultation with the social partners without delay. The Committee urged the Government to avail itself of technical assistance and to report to the Committee of Experts, prior to its 2021 session.

-sections 31 and 33 of the Criminal Law (Codification and Reform) Act (Cap. 9:23) (Criminal Law Code) concerning publishing or communicating false statements prejudicial to the State; undermining authority of or insulting the President etc.; and
-sections 37 and 41 of the Criminal Law Code under which sanctions of imprisonment may be imposed, inter alia, for participating in meetings or gatherings with the intention of disturbing the peace, security or order of the public, uttering any words or distributing or displaying any writing, sign or other visible representation that is threatening, abusive or insulting, intending thereby to provoke a breach of peace; and engaging in disorderly conduct in public places with similar intention;
-sections 7(5) and 8(11) of the MOPA, which provide for sanctions of imprisonment for failure to give notice of processions, public demonstrations and public meetings; and failure to comply with a prohibition notice or any directions or conditions under which a procession, public demonstration or public meeting is authorized.

The Committee noted the ZCTU’s observation that the MOPA, which repealed the Public Order Security Act (POSA), was more draconian than the POSA. It also noted the statement made by the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, in 2019 that the MOPA has worrying similarities to the POSA and that it does not fully guarantee the exercise of the right to peaceful assembly. It continues to give law enforcement agencies broad regulatory discretion and powers.

The Committee notes the Government’s statement in its written information provided to the Conference Committee that the twenty ZCTU members who were arrested under section 37 of the Criminal Law for having participated in a ZCTU organized protest action in October 2018, which the Committee noted in its previous comments, were acquitted by the court on 12 November 2020. It also notes the reference made by the Government representative, during the Conference Committee discussion, to section 9 of the MOPA which explicitly exempts certain gatherings and meetings from the requirements stipulated under sections 7 and 8, including meetings convened by registered unions for bona fide trade union purposes for the conduct of business, in accordance with the Labour Act [Chapter 28:01]; and public gatherings for bona fide religious or educational purposes, or those held by members of professional, vocational or occupational bodies for non-political purposes.

The Committee, however, notes that, in its observations, the ITUC reiterates that workers in Zimbabwe still face penal sanctions involving compulsory labour as a punishment for expressing views opposed to the established political, social or economic system. It states that the criminal provisions, together with their prison terms and compulsory prison labour, are used to drag trade union leaders and workers seeking to exercise their civil liberties and fundamental rights through the criminal justice system. The ITUC points out that while the failure to notify the authorities of the intention of holding a public gathering and violations of the prohibition of public gatherings or public demonstration are punishable with imprisonment of up to six months under the POSA, similar offences under sections 7(5) and 8(11) of the MOPA are punishable with one year imprisonment. The ITUC recalls that compulsory labour is by virtue of the Prisons Act and that section 76(1) of the Prisons Act and section 66(1) of the Prisons Regulations make compulsory prison labour, in practice, the norm for all prisoners. In this regard, the ITUC refers to the arrests of two ZCTU leaders in 2019 following a protest action, who were convicted and sentenced to imprisonment for a period of twenty years, as well as the arrest in December 2020 of an officer of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) who was convicted, under section 37 of the Criminal Code, after a trade union protest action against the erosion of teachers’ salaries by the Government. She was jailed for 16 months and underwent compulsory prison labour.

The Committee notes the Government’s information in its report that the prison system in Zimbabwe went through a transformation focusing on rehabilitation of offenders for integration into society and that the use of labour in prisons has been outlawed. In order to give effect to this transformation and to bring it into conformity with the Convention, the Prisons Act is currently being amended. The Government also states that pending the promulgation of this amendment, Prison Officers have been given policy directives to discontinue administering labour in prisons. Hence, the provisions of the MOPA and the Criminal Law Code, in question, are no longer applied in practice. The Committee further notes a copy of the ILO Roadmap on Strengthening International Labour Standards observance and Social Dialogue in Zimbabwe provided by the Government, which indicates the Government’s readiness to engage in tripartite dialogue to address some of the existing challenges, including to unpack the MOPA and to facilitate a direct contacts mission to discuss issues of forced labour raised by the Conference Committee.

In addition, the Committee notes that the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, in his report of May 2020, on his visit to Zimbabwe, acknowledged restrictions against those representing dissenting voices and expressed concern about the application of section 22 (subverting constitutional Government) of the Criminal Law Code to prosecute human rights defenders, and civil society and opposition leaders suspected of having played important roles in protests, which could lead to imprisonment for up to 20 years (A/HRC/44/50/Add.2, paragraphs 63 and 64).

While taking due note of certain measures taken by the Government to address the issues related to compulsory prison labour, the Committee expresses its concern that the practice of arrests, prosecutions and convictions involving the imprisonment of persons exercising their right to peaceful assembly still continues and that the legal basis for imposing labour on a person sentenced to imprisonment still exists. In this respect the Committee recalls that Article 1(a) of the Convention prohibits the imposition of any form of compulsory labour, including compulsory prison labour, as a punishment for expressing political views or views opposed to the established political, social or economic system. Accordingly, in light of the proposed amendments to the Prisons Act prohibiting compulsory prison labour, the Committee strongly urges the Government to take the necessary measures to review sections 31, 33, 37 and 41 of the Criminal Law Code and sections 7(5) and 8(11) of the MOPA, so as to ensure that, both in law and in practice, no penalties involving compulsory labour shall be imposed on any person in relation to their holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information on any progress made in this regard as well as with regard to the amendments made to the Prisons Act. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the abovementioned provisions in practice, supplying copies of the court decisions and indicating the penalties imposed.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for having participated in strikes. In its earlier comments, the Committee noted certain provisions of the Labour Act (sections 102(b), 104(2)–(3), 109(1)–(2), and 122(1)) that establish sanctions of imprisonment, which involves compulsory prison labour, for persons engaged in an unlawful collective action. The Committee noted the Government’s indication that these sections of the Labour Act were included in the draft Principles for the Harmonization and Review of Labour Laws in Zimbabwe. Noting an absence of information in the Government’s report and the lack of progress in the labour law reform, the Committee strongly urged the Government to ensure that the above-mentioned sections of the Labour Act are amended in conformity with Article 1(d) of the Convention so that no sanctions of imprisonment may be imposed for organizing or peacefully participating in strikes.

The Committee notes from the Government’s written information to the Conference Committee that the Labour Amendment Bill which repeals sections 102(b), 104(2)–(3), 109(1)–(2) and 122 of the Labour Act, is in the process of being adopted. According to the Government’s report the Bill has been approved by the Cabinet Committee on 28 September, 2021 and is now pending in Parliament. The Government indicates that the Labour Amendment Bill is a product of extensive consultations with social partners and relevant stakeholders to bring the Labour Act into conformity with the comments made by the ILO supervisory bodies. The Committee expresses the firm hope that the Labour Amendment Bill, which repeals sections 102(b), 104(2)–(3), 109(1)–(2) and 122 of the Labour Act, will be adopted in the near future. It requests the Government to provide information on the progress made in this regard as well as to provide a copy, once it has been adopted.

The Committee encourages the Government to continue to avail itself of ILO technical assistance in its efforts to bring its law and practice into compliance with the provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.