Law enforcement officers sensitized on Freedom of Association and the Right to Strike to organize and collective bargaining conventions
Since 2015, the ILO Supervisory Bodies received cases of arrests of trade union leaders and their members during their conduct of trade union business related to mainly demonstrations and or strike action. Sixty-nine law enforcement officers were taken on a two-day sensitization and capacity enhancement exercise on Conventions 87 and 98 and how they intersect with the Maintenance of Peace and Order Act.
9 November 2022
(ILO News, Harare) Sixty-nine law enforcement officers went through a two-day capacity enhancement activity on the nexus between international labour standards, human and workers’ rights and the labour laws in Zimbabwe. The activity was centred on the ILO Conventions on Freedom of Association and the Right to Organize and Collective Bargaining and the enforcement of the Maintenance of Peace and Order Act (MOPA Chapter 11:17), in particular.
The participants were draw from the Zimbabwe Republic Police, the Office of the President and Cabinet, the National Prosecution Authority, the Zimbabwe Human Rights Commission, employer and business member organisations, trade unions, and officials from the Ministries of Public Service, Labour, and Social Welfare; Home Affairs, Culture and Heritage and Justice, Legal and Parliamentary Affairs from the country’s 10 provinces.
The workshop follows-on observations, comments and recommendations from various sittings of ILO Supervisory Bodies since 2015 with regards to cases of arrests of trade union leaders and their members during their conduct of trade union business related to mainly demonstrations and or strike actions. To date, most of the cases involving the arrests of trade union leaders and their members under MOPA and previously under POSA have been dismissed before the courts and a few are still to be decided.
Freedom of association is a fundamental human right proclaimed in the Universal Declaration of Human Rights (UDHR) of 1948. It is the enabling right to allow effective participation of non-state actors including trade unions in economic and social policy, lying at the heart of democracy and the rule of law. Ensuring that workers and employers have a voice and are represented is, therefore, essential for the effective functioning not only of labour markets but also of overall socio-economic governance.
Closely linked to freedom of association is the right to collective bargaining. Collective bargaining is a fundamental right that is rooted in the ILO Constitution and reaffirmed in other instruments including the 1998 ILO Declaration on Fundamental Principles and Rights at Work. Collective bargaining is a key means through which employers, workers and their organizations can establish fair wages and working conditions and ensure equal opportunities between women and men. It also provides the basis for sound labour relations. Typical issues on the bargaining agenda include wages, working time, productivity, training, occupational health and safety and equal treatment. Beyond working conditions, freedom of association and collective bargaining are enabling rights for strong and effective social dialogue to address the myriad of challenges facing the world of work. Many countries that have fared well out crises including the Covid-19 pandemic have done so with the inputs of independent and strong employers and workers, leading to robust collective responses.
Considering the above, the objectives of the workshops were to build a collaborative relationship between the law enforcement agencies, trade unions, Zimbabwe Human Rights Commission and National Prosecuting Authority on application of MOPA and the effective recognition and enjoyment of the enabling rights on freedom of association and collective bargaining:
The participants were draw from the Zimbabwe Republic Police, the Office of the President and Cabinet, the National Prosecution Authority, the Zimbabwe Human Rights Commission, employer and business member organisations, trade unions, and officials from the Ministries of Public Service, Labour, and Social Welfare; Home Affairs, Culture and Heritage and Justice, Legal and Parliamentary Affairs from the country’s 10 provinces.
The workshop follows-on observations, comments and recommendations from various sittings of ILO Supervisory Bodies since 2015 with regards to cases of arrests of trade union leaders and their members during their conduct of trade union business related to mainly demonstrations and or strike actions. To date, most of the cases involving the arrests of trade union leaders and their members under MOPA and previously under POSA have been dismissed before the courts and a few are still to be decided.
Freedom of association is a fundamental human right proclaimed in the Universal Declaration of Human Rights (UDHR) of 1948. It is the enabling right to allow effective participation of non-state actors including trade unions in economic and social policy, lying at the heart of democracy and the rule of law. Ensuring that workers and employers have a voice and are represented is, therefore, essential for the effective functioning not only of labour markets but also of overall socio-economic governance.
Closely linked to freedom of association is the right to collective bargaining. Collective bargaining is a fundamental right that is rooted in the ILO Constitution and reaffirmed in other instruments including the 1998 ILO Declaration on Fundamental Principles and Rights at Work. Collective bargaining is a key means through which employers, workers and their organizations can establish fair wages and working conditions and ensure equal opportunities between women and men. It also provides the basis for sound labour relations. Typical issues on the bargaining agenda include wages, working time, productivity, training, occupational health and safety and equal treatment. Beyond working conditions, freedom of association and collective bargaining are enabling rights for strong and effective social dialogue to address the myriad of challenges facing the world of work. Many countries that have fared well out crises including the Covid-19 pandemic have done so with the inputs of independent and strong employers and workers, leading to robust collective responses.
Considering the above, the objectives of the workshops were to build a collaborative relationship between the law enforcement agencies, trade unions, Zimbabwe Human Rights Commission and National Prosecuting Authority on application of MOPA and the effective recognition and enjoyment of the enabling rights on freedom of association and collective bargaining:
- To build capacity their capacity on responsibilities to enhance the observance of international labour standards and national labour laws
- Develop a shared understanding of MOPA, both in law and in practice between the state actors and social partners for improved industrial relations in Zimbabwe
- Develop a mutually agreed strategy to minimise clashes between law enforcement and trade unions; and
- To foster continuous collaborative engagement between the police and trade unions.
- That there is need for regular engagement between the law enforcement agents and social partners, preferably twice a year.
- The need for continuous engagement with law enforcement agents including the National Prosecuting Authority (NPA) on labour matters of interest concern to foster partnership and rapport between law enforcement agents and social partners.
- There is need for continued capacity building for law enforcement agents and social partners on International Labour Standards.
- Develop mechanisms to standardise enforcement of matters concerning enjoyment of the right to organise including collective job actions across the country.
- Continued engagement among social partners at Provincial level to deliberate on matters of concern in industrial relations.
- There is need for continued sensitization of the Maintenance of Peace and Order Act [Chapter 11:23] to all social partners to enhance their understanding on the provisions of the Act.
- There is need for sensitization and utilisation of the complainant’s procedure and mechanism for the Zimbabwe Republic Police (ZRP) where representatives of labour have challenges.
- There is need for continued collaboration and joint tripartite inspections particularly where there are alleged violations of workers’ rights at workplaces.