INTERNATIONAL LABOUR STANDARDS AND THE COMPLEXITIES OF THE INTERNATIONAL LABOUR ORGANISATION'S SUPERVISORY SYSTEM: COMPLIANCE CHALLENGES FOR ZIMBABWE

Abstract

This dissertation examines the compliance challenges of the government of Zimbabwe with its international commitments to the International Labour Organisation (ILO) supervisory system. The major objectives of the dissertation were to investigate the government’s compliance challenges with the supervisory system and to proffer policy recommendations on the way forward. The research hypothesis was that the complexities of the ILO supervisory system presented compliance challenges for the government hence the repeated censures by the supervisory bodies. Documentary search and interviews with key informants reveal a dismal compliance record for the government prior to the signing of the Global Political Agreement (GPA) in September 2008, resulting in the setting up of an ILO Commission of Inquiry by the ILO Governing Body in November 2008. The dissertation argues that the deep political, social and economic problems that affected the country from the late 1990s up to 2008 resulted in government failing to fulfil its obligations before the supervisory bodies. The study observes that the deterioration of the government relations with the supervisory system was largely related to the advent of the Movement for Democratic Change (MDC) party through the active facilitation of the Zimbabwe Congress of Trade Unions (ZCTU). The resulting blurred distinction between labour activism by the ZCTU and political activism by the MDC party precipitated the government’s compliance challenges with the work of the ILO supervisory system, particularly concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Right to Organise and Collective Bargaining Convention, 1949 (No. 98). While noting the positive impact of the GPA era in the improvement of the government’s relations with the ILO supervisory system, the government is encouraged to continue implementing the recommendations of the ILO Commission of Inquiry, to institutionalise social dialogue and to provide a legal framework for the work of the Tripartite Negotiating Forum (TNF). The recommendations also draw the attention of the government to its international commitments vis-à-vis the pacta sunt servanda principle as articulated in Article 26 of the Vienna Convention on the Law of Treaties. The government is accordingly encouraged to be more cooperative with the ILO supervisory bodies and to honour, in good faith, the international obligations arising out of its free and voluntary accession to ILO conventions.