Interface between law enforcement agencies and social partners

Background

In its 2009 report, the ILO Commission of Inquiry, established to examine the observance by the Government of Zimbabwe of Freedom of Association and the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), came up with seven recommendations. Among them was that the Government had to ensure that training, education and support be given to key institutions and personnel in the country, most notably the police and security forces, to enhance their understanding and appreciation of freedom of association and collective bargaining, civil liberties and human rights; including the nexus between international labour standards and national laws.

In 2010 the Report and its Recommendations were accepted by the Government of Zimbabwe and an ILO Technical Assistance Package was developed and launched for Zimbabwe for it to implement the recommendations.

In June 2011, the Conference Committee on the Application of Standards in examining the application of Convention No. 87 by Zimbabwe for the first time following the report of the Commission of Inquiry, concluded that concrete steps had to be taken in the form of capacity building activities that saw the police and other law enforcement agencies being sensitized on international labour standards, human and trade union rights and enabling the elaboration and promulgation of clear lines of conduct.

A series of capacity building activities involving the judiciary, the state actors (law enforcement agencies and labour officers), human rights commissioners, independent arbitrators and social partners (mainly trade unionists) were conducted.

These activities were intensified towards the end of 2013, into 2014. In February and March of 2014 over four hundred (400) officers from the country’s ten (10) provinces took part in the workshops. They were drawn from the whole gamut of the country’s law enforcement agencies comprising Police Officers up to the rank of Senior Assistant Commissioner, Officers from the Central Intelligence Organization (CIO), legal officers from these institutions and National Prosecution Authority (NPA) officers and the Attorney Generals’ Office as well as Labour and Legal Officers from the Ministry of Public Service, Labour and Social Welfare.

The specific objectives of the workshops were to:

• Increase knowledge on the International Labour Standards System and its supervisory system (conventions and recommendations).
• Increase appreciation on the provisions within the International Labour Standards-notably C.87 on Freedom of Association and Protection of the Right to Organize & C.98 on Right to Organize and Collective Bargaining
• Increase appreciation on the relevance of ILS in industrial relations; the legality and the main source of international labour law and the co-existence of international law and domestic law
• Foster engagement on labour market issues between authorities in the Ministry responsible for Labour Administration and Law Enforcement Agents due to the limited interactions and close the existing gaps

The convening of a special session involving the law enforcement agencies and the social partners came highly recommended by participants to all provincial workshops. The rationale behind this proposal was viewed as the best way of further reducing suspicion, build trust among the different players which would lead to the creation of an environment that promotes effective engagement among the stakeholders in the future.

Objectives of the law enforcement agencies and social partners interface

The debut session was held in Nyanga from 9 to 11 April 2014 for law enforcement agencies and social partners aimed to:

• Allow law enforcement agencies and social partners to share experiences with a view to mapping out a way forward premised on social dialogue in order to improve Zimbabwe’s compliance in practice with ILO Conventions 87 and 98
• Re-visit the roles of State actors and trade unionists in industrial relations in the context of the two ILO Conventions, the new Zimbabwe Constitution and the existing labour legislation (which is under review)
• Discuss collaborative mechanisms between the law enforcement agencies(police in particular) and trade unions at different levels so as to reduce to zero incidences of violation of trade union rights provided for in the Constitution
• Discuss how trade unionists should go about organising and executing bona fide trade union meetings and activities
• Provide comments to the draft handbook and code instruments which can be used in the training of law enforcement agencies so that they appreciate in greater details issues related to International Labour Standards ,civil liberties in the world of work and national labour laws.

Conclusions of the workshop

1. The workshop participants welcomed the drafting of the Handbook on Freedom of Association and Civil Liberties in the World of Work and the Role of Law Enforcement Agencies in Zimbabwe and Code of Conduct of State Actors in the World of Work in Zimbabwe as tools to guide and support the actions of players in labour relations. The participants reviewed the drafts and provided further inputs towards finalising the Code and the Handbook.
2. The participants also recommended that opportunities be identified to allow for further and in-depth interaction between social partners and law enforcements agencies, especially in the planning and execution of activities such as training and refresher courses, celebrations and commemorations.
3. Participants also supported the proposed ToT activity for law enforcement agencies, targeting provincial training officers from the police.
4. Participants also recommended that interactions be facilitated with Parliamentary Portfolio Committee on Labour and Social Affairs, to allow for the deepening of knowledge and understanding on the application of international labour standards