Freedom of Association of trade unions
Trade union activities are guaranteed by the Constitution and regulated mainly by the Labour Act and the Public Service Act. In addition, Zimbabwe ratified, in 1998, the ILO Right to Organise and Collective Bargaining Convention (No. 98) and, in 2003, the ILO Freedom of Association and Protection of the Right to Organise Convention (No. 87).
I understand that comprehensive labour law reform and harmonization predates the 2013 Constitution; however, no concrete results have been achieved from this process.
Of particular concern to me are sections 102 and 104 of the Labour Act. Section 102 refers to “essential services” and provides a very wide and open discretion to the Minister of Labour to declare what constitutes an essential service from which workers are denied the right to strike. In turn, Section 104 provides that workers embarking on strike should give a 14 day written notice to the regulating authority. Failure to do so renders the strike illegal, and such workers will not enjoy the right to protest. For instance I learnt that in 2016, 1357 workers of the National Railways of Zimbabwe were dismissed after the Labour Court ruled that they did not comply with the set procedures ignoring the fact that the same workers were owed a significant amount of dollars’ worth in unpaid salaries.
Sections 107, 109 and 112 of the Labour Act in relation to Collective Job Action, which provides for excessive penalties in case of an unlawful collective industrial action, also raise concerns.
The application of POSA to trade union marches, demonstrations and protests actions, has also resulted in the restriction of the right to peaceful assembly and of association despite several court orders against law enforcement forces prohibiting them from interfering in these peaceful protests.
During my visit, I have received a considerable number of allegations related to arrests, detentions and even abductions of a high number of trade union leaders and members that have taken place in connection with their activities. In particular, I would like to refer to the alleged abduction of Dr. Peter Magombeyi, acting president of the Zimbabwe Hospitals Doctors Association (ZHDA), who led a series of strikes over working conditions and poor pay in the health sector. Although Dr. Magombeyi was later found and the matter is currently under investigation by the authorities, I would like to mention that this is not an isolated case and that union leaders that requested to meet with me expressed that they were living in a toxic environment of constant retaliation and fear.
Due to the current economic situation the country is facing, mass striking appears to be taking place regularly in the country. However, reactions by authorities do not appear to be in line with their Constitution and international commitments.
For instance, in April 2018, there was a nationwide nurses’ strike. The Vice President dismissed all nurses participating in the strikes and ordered the recruitment of new nurses to cover the gaps. As a result, the Zimbabwe Nurses Association (ZINA) went to court to reverse the order, saying that the Vice President did not have the authority to issue such an order and claiming that members had been threatened when negotiations with the government had taken place. The order was later reversed, and the nurses returned to work, but the incident reflected the government’s stance on striking.
Another worrying example is that of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), whose fourteen members were arrested and charged with “disorderly conduct” after organising protests concerning the economic crisis in Zimbabwe as well as low wages in December 2018. On this case, the Harare Court dismissed it stating that trade unions are exempt from the application of POSA.
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