THE International Labour Organisation (ILO) has listed Zimbabwe among countries that violate labour rights.
The United Nations body also criticised the country for failing to take action on people who trafficked women to Kuwait in 2016, where they were forced into sex slavery.
The southern African nation was among 40 countries listed for discussion by the labour organ’s committee on the application of standards (CAS) at the just-ended 109th session and after considering the level of violations, the country was categorised under a “special paragraph”.
The country answered to charges of violating the ILO’s conventions on a number of cases involving trafficking for both sexual and labour exploitation that have been detected and investigated by the competent authorities.
The charges emanated from the failure by the authorities to bring to book locals who facilitated the travel of hundreds of Zimbabwean women to Kuwait on promises of jobs.
Some of the women, including university graduates who had struggled to get jobs in Zimbabwe, fell for the lure of a better life, only to find themselves being sold as sex slaves. Some were employed as domestic workers, but were being paid very little while working long hours.
“The committee requests the government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Act and to provide information on the convictions and penalties applied. It also requests the government to continue to provide information on the number of cases of trafficking for both sexual and labour exploitation that have been detected and investigated by the competent authorities,” the ILO said.
The labour organisation also noted that Zimbabwe’s repealed Public Order and Security Act (Posa) regulations on public gatherings were still being used to ban trade union meetings and peaceful protests.
CAS said the Maintenance of Public Order (Mopo) Bill has worrying similarities to Posa, revealing a common scope in which the exercise of the right to peaceful assembly is not fully guaranteed as it continues to give law enforcement agencies broad regulatory discretion and powers.
However, after considering submissions made by the government on the allegations, the ILO called on Zimbabwe to expedite the implementation of directed issues.
Taking into account the discussion, the committee urged the government of Zimbabwe 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 Convention No.105; repeal or amend sections 31, 33, 37 and 41 of the Criminal Law Code.
“Sections 7(5) and 8(11) of the Mopo Act, and sections 102(b), 104(2)–(3), 109(1)–(2), and 112(1) of the Labour Act must be amended in order to bring them into conformity with the Convention in consultation with the social partners without delay; and provide information to the Committee of Experts before its next session on the application of the above provisions in practice, including copies of court decisions and details of penalties imposed,” CAS said.
The committee also urged the government to comply fully with the recommendations of the 2009 commission of inquiry before the next International Labour Conference and to avail itself of technical assistance and to report to the committee of experts prior to its 2021 session.
“The Committee decides to include its conclusions in a special paragraph of the report,” the ILO ordered.
Commenting on the development, Zimbabwe Congress of Trade Unions secretary-general Japhet Moyo described the punitive measure as a matter of serious concern.
“In its report the committee categorises findings and in our case we are mentioned in the ‘special paragraph’. Over the years this appears a serious indictment if a country is categorised as such.
“It symbolises the serious nature of your failure to adhere to international labour standards. The mere fact that the country is mentioned in that special paragraph automatically puts the country in a league of serious offenders,” Moyo said.
However, Employers’ Confederation of Zimbabwe (Emcoz) president Israel Murefu urged the ZCTU and government to use internal means to resolve their grievances as opposed to washing their “dirty linen” on the international scene.
“Our position is that government and labour must bring the disputes they have or their divergent positions to the Tripartite Negotiating Forum for a no-holds-barred discussion with a view to finding common ground.
“Dealing with the matter on the international platform tarnishes the country’s image. We should not be washing our dirty linen in the public domain as this paints a picture of a disunited and disorganised nation in the eyes of foreigners,” he said.
The Emcoz leader urged both parties not to play to the gallery on the international stage, saying problems must be resolved as closer to their source as possible because resolving faraway from home will not achieve sustainable solutions. There was a risk that the parties could develop hardened attitudes and consequently adopt an adversarial or combative approach.
Added Murefu: “The differences must be dealt with here at home and organised business stands ready to assist with any conciliation or mediation which helps the parties to find each other or to reach common ground.”
—STAFF WRITER
