US embassy cable - 01HARARE1222

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001222 
 
SIPDIS 
 
DRL/IL FOR KBRYANT 
NSC FOR SENIOR AFRICA DIRECTOR JFRAZER 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AFR/SA - CPALMA, 
NNEWMAN, AA/AFR - VDICKSON-HORTON 
 
E.O. 12958: DECL: 04/04/11 
TAGS: ELAB, PHUM, PGOV, PINR, ZI 
SUBJECT: ZIMBABWE'S CIVIL SERVANTS CONCERNED THAT 
                       CONFIDENTIAL 
 
 
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PROPOSED LABOR BILL DOES MORE HARM THAN GOOD 
 
CLASSIFIED BY CHARGE D' AFFAIRES EARL M. IRVING FOR 
REASONS 1.5 (B/D). 
 
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SUMMARY 
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1. (C) ON MARCH 30, LABOFF MET WITH CHARLES CHIVIRU, THE 
EXECUTIVE SECRETARY OF THE ZIMBABWE PUBLIC SERVICE 
ASSOCIATION (PSA), TO DISCUSS THE LABOR RELATIONS 
AMENDMENT (LRA) BILL THAT IS CURRENTLY BEING CONSIDERED 
BY PARLIAMENT.  CHIVIRU IS CONCERNED THAT THE GOVERNMENT 
OF ZIMBABWE (GOZ) WILL ATTEMPT TO FAST-TRACK THE BILL 
THROUGH PARLIAMENT WITHOUT ANY AMENDMENTS OR CHANGES, 
BECAUSE IT CONTAINS PROVISIONS THAT EFFECTIVELY INCREASE 
THE GOZ'S CONTROL OVER UNIONS AND WORKERS.  THE BILL'S 
LANGUAGE MAKES IT MORE DIFFICULT FOR UNIONS AND WORKERS 
TO ENGAGE IN INDUSTRIAL ACTIONS, AND ALSO INCLUDES 
PROVISIONS FOR IMPOSING FINES AND JAIL TERMS AGAINST 
UNIONS AND INDIVIDUAL LABOR LEADERS WHO INCITE MEMBERS 
TO UNDERTAKE INDUSTRIAL ACTIONS, INCLUDING STAYAWAYS. 
CHIVIRU STATED THAT THE GOZ WANTS THIS BILL QUICKLY 
PASSED INTO LAW SO THAT IT WILL STRENGTHEN ITS HAND IN 
PREVENTING STAYAWAYS AND OTHER INDUSTRIAL ACTIONS AS THE 
2002 PRESIDENTIAL CAMPAIGN SHIFTS INTO HIGH-GEAR.  TO 
COUNTER THIS EFFORT, THE PSA AND ZIMBABWE CONGRESS OF 
TRADE UNIONS (ZCTU) ARE JOINTLY LOBBYING MEMBERS OF 
PARLIAMENT FROM BOTH THE RULING ZIMBABWE AFRICAN 
NATIONAL UNION - PATRIOTIC FRONT (ZANU-PF) AND THE 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  01222  01 OF 02  051838Z 
OPPOSITION MOVEMENT FOR DEMOCRATIC CHANGE (MDC) TO 
REVIEW AND PROVIDE AMENDMENTS TO THE BILL.  END SUMMARY. 
 
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ZIMBABWE'S PUBLIC SERVICE ASSOCIATION 
------------------------------------- 
 
2. (SBU) THE PSA IS AN UMBRELLA ORGANIZATION THAT 
REPRESENTS 40,000 ZIMBABWE CIVIL SERVANTS.  CIVIL 
SERVANTS IN ZIMBABWE ARE REPRESENTED BY ASSOCIATIONS, AS 
OPPOSED TO UNIONS, BECAUSE THE GOZ DOES NOT RECOGNIZE 
THEIR RIGHT TO UNIONIZE.  IN EFFECT, THESE ASSOCIATIONS 
FUNCTION AS UNIONS FOR THEIR MEMBERS, AND THE PSA IS AN 
AFFILIATE OF THE ZCTU.  THE PSA HAS UNDER ITS UMBRELLA 
THE CIVIL SERVICE EMPLOYEES ASSOCIATION (CSEA), THE 
ADMINISTRATIVE AND EXECUTIVE OFFICERS ASSOCIATION 
(AEOA), THE PROFESSIONAL AND TECHNICAL OFFICERS 
ASSOCIATION (PTOA), AND THE GOVERNMENT WORKERS 
ASSOCIATION (GWA). 
 
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THE LRA IS MORE BAD THAN GOOD 
----------------------------- 
 
3. (SBU) ACCORDING TO CHIVIRU, THE CURRENT LRA HAS 
LITTLE RESEMBLANCE TO THE PROPOSED HARMONIZED LABOR BILL 
THAT WAS DRAFTED BY THE INTERNATIONAL LABOR ORGANIZATION 
(ILO) FOR ZIMBABWE IN 1993.  THE NEW BILL INCORPORATES 
ELEMENTS FAVORED BY CIVIL SERVANTS, INCLUDING BRINGING 
CIVIL SERVANTS UNDER THE LRA, ESTABLISHING WORK COUNCILS 
FOR CIVIL SERVANTS, PROVIDING MATERNITY LEAVE, 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  01222  01 OF 02  051838Z 
PROHIBITING SEXUAL HARASSMENT, AND PROVIDING 
CONCILIATION AND ARBITRATION SERVICES.  HOWEVER, CHIVIRU 
STATED THESE POSITIVES ARE OUTWEIGHED BY THE BILL'S 
NEGATIVES, WHICH HE LISTED.  THE LRA FAILS TO REPLACE 
THE PUBLIC SERVICE ACT (PSA), UNDER WHICH CIVIL 
SERVANTS' TERMS OF EMPLOYMENT AND LABOR RIGHTS ARE 
CURRENTLY GOVERNED (AND LIMITED).  INSTEAD, THE LRA 
SUPPLEMENTS THE PSA.  THE LRA GRANTS THE RIGHT OF 
COLLECTIVE BARGAINING TO CIVIL SERVANTS, BUT ONLY 
THROUGH THE CREATION OF A PUBLIC SERVICE NATIONAL 
EMPLOYMENT COUNCIL (PSNEC).  THE LRA DOES NOT SPECIFY 
WHEN THE PSNEC WILL BE FORMED, AND LEAVES THIS DECISION 
UP TO THE MINISTER OF LABOR.  ACCORDING TO CHIVIRU, THE 
MINISTER OF LABOR COULD CHOOSE TO TAKE NO ACTION ON 
FORMING THE PSNEC, AND THEN CIVIL SERVANTS WOULD REMAIN 
WITHOUT THE RIGHT OF COLLECTIVE BARGAINING. 
 
4. (SBU) THE LRA ALSO DOES NOT DEFINE THE BASIS ON WHICH 
CIVIL SERVANTS CAN BE DEEMED ESSENTIAL EMPLOYEES.  IT 
LEAVES THIS UP TO THE GOZ TO DETERMINE.  IN THE PAST, 
THE GOZ HAS DEFINED MOST CIVIL SERVANTS AS ESSENTIAL IN 
ORDER TO PROHIBIT THEIR ENGAGING IN STAYAWAYS AND OTHER 
LABOR ACTIONS.  CHIVIRU SAID A FINAL SERIOUS FLAW IS 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ4607 
 
PAGE 01        HARARE  01222  02 OF 02  051839Z 
ACTION AF-00 
 
INFO  LOG-00   AID-00   CIAE-00  COME-00  CTME-00  DODE-00  EB-00 
      EXIM-01  E-00     VC-00    FRB-00   H-01     TEDE-00  INR-00 
      ITC-01   LAB-01   AC-01    NSAE-00  OMB-01   OPIC-01  OPM-01 
      ACE-00   SP-00    SSO-00   STR-00   TRSE-00  USIE-00  DRL-02 
      G-00     SAS-00     /010W 
                  ------------------DC048A  051839Z /45 
R 041553Z APR 01 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC 8581 
INFO NSC WASHDC 
DEPT OF LABOR WASHDC 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 02 OF 02 HARARE 001222 
 
SIPDIS 
 
DRL/IL FOR KBRYANT 
NSC FOR SENIOR AFRICA DIRECTOR JFRAZER 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AFR/SA - CPALMA, 
NNEWMAN, AA/AFR - VDICKSON-HORTON 
 
E.O. 12958: DECL: 04/04/11 
TAGS: ELAB, PHUM, PGOV, PINR, ZI 
SUBJECT: ZIMBABWE'S CIVIL SERVANTS CONCERNED THAT 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  01222  02 OF 02  051839Z 
PROPOSED LABOR BILL DOES MORE HARM THAN GOOD 
 
THAT ALTHOUGH THE LRA MENTIONS THE ESTABLISHMENT OF A 
LABOR COURT, ALONG WITH THE QUALIFICATIONS FOR JUDGES IN 
THIS COURT, IT DOES NOT MENTION THE PROCEDURES BY WHICH 
IT WILL OPERATE, NOR WHETHER IT WILL BE INDEPENDENT OF 
THE EXECUTIVE BRANCH.  WITHOUT AN INDEPENDENT LABOR 
COURT, CHIVIRU ARGUES, WORKERS IN GENERAL, AND CIVIL 
SERVANTS IN PARTICULAR, WILL NOT RECEIVE FAIR HEARINGS 
IN LABOR DISPUTES WITH THE GOZ. 
 
---------------------------------------- 
A GOZ EFFORT TO GAIN CONTROL OVER UNIONS 
---------------------------------------- 
 
5. (C) CHIVIRU VIEWS THE LRA BILL AS AN EFFORT BY THE 
GOZ TO RESTRICT LABOR RIGHTS AND GAIN EFFECTIVE CONTROL 
OVER THE LABOR ACTIONS OF UNIONS AND WORKERS, RATHER 
THAN AN EFFORT TO IMPROVE OR MODERNIZE ZIMBABWE'S LABOR 
LAW.  OF PARTICULAR CONCERN TO CHIVIRU ARE PROVISIONS OF 
THE LRA REQUIRING UNIONS TO CANVASS THEIR MEMBERSHIP 
BEFORE ENGAGING IN INDUSTRIAL ACTIONS, AND THE INCLUSION 
OF FINES AND PRISON TERMS FOR INDIVIDUAL LABOR LEADERS 
WHO ARE FOUND GUILTY OF INCITING WORKERS TO ENGAGE IN 
ILLEGAL LABOR ACTIONS.  CHIVIRU STATED THAT THE LRA 
REQUIREMENT THAT A UNION CANVASS ITS MEMBERS BEFORE 
ENGAGING IN AN INDUSTRIAL ACTION WOULD LARGELY PREVENT 
SUCH ACTIONS.  HE EXPLAINED THAT HOLDING SUCH ELECTIONS, 
WITH INDIVIDUAL UNIONS' MEMBERSHIPS SPREAD AROUND 
ZIMBABWE, WOULD BE PROHIBITIVELY COSTLY.  IN ADDITION, 
HE BELIEVES THAT THE GOZ WOULD INTERFERE IN SUCH 
                       CONFIDENTIAL 
 
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ELECTIONS TO UNDERMINE THEM AND TO INTIMIDATE WORKERS 
INTO VOTING AGAINST PROPOSED INDUSTRIAL ACTIONS. 
CHIVERU SAID THE PROVISION UNDER THE LRA BILL FOR A FINE 
OF UP TO $30,000 ZIMBABWE DOLLARS (ABOUT US$600), OR UP 
TO TWO YEARS IN PRISON FOR ANY INDIVIDUAL FOUND GUILTY 
OF ENCOURAGING ANY ILLEGAL LABOR ACTION, WOULD HAVE A 
CHILLING EFFECT ON THE ROLE PLAYED BY LABOR LEADERS. 
THE LRA ALSO CONTAINS A PROVISION THAT WOULD HOLD LABOR 
UNIONS AND LABOR OFFICIALS LIABLE FOR ANY PERSONAL 
INJURIES OR PROPERTY DAMAGE THAT RESULT FROM THEIR 
RECOMMENDING, ENCOURAGING, OR INCITING UNLAWFUL 
INDUSTRIAL ACTIONS.  CHIVIRU STATED THAT THE PURPOSE FOR 
THESE PROVISIONS IS NOT TO PROTECT ZIMBABWEAN SOCIETY 
FROM DAMAGE FROM UNLAWFUL OR VIOLENT LABOR ACTIONS, BUT 
RATHER TO MAKE ALL TYPES OF LABOR ACTIONS SO COSTLY THAT 
LABOR UNIONS AND THEIR LEADERS WILL BE COWED INTO NOT 
HOLDING THEM. 
 
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COMMENT 
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6. (C) WE AGREE WITH CHIVERU'S READING OF THE LRA.  THE 
BILL WILL SET BACK, RATHER THAN ADVANCE, THE RIGHTS OF 
UNIONS AND THEIR WORKERS IN ZIMBABWE.  THE REASON THAT 
THE GOZ HAS CHOSEN TO SUBMIT THE LRA THIS YEAR, AFTER 
SITTING ON THE ILO DRAFT FOR THE LAST EIGHT YEARS, IS 
NOT LOST ON UNION LEADERS: IT IS A CLEAR AND CALCULATED 
REACTION TO THE SUCCESS OF THE MDC IN LAST YEAR'S 
PARLIAMENTARY ELECTIONS.  THE GOZ RECOGNIZES THAT THE 
ZCTU AND THE PSA WERE INSTRUMENTAL IN THE ORGANIZATIONAL 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  01222  02 OF 02  051839Z 
AND ELECTORAL SUCCESS OF THE MDC.  PART OF THIS SUCCESS 
WAS THE USE OF ZCTU-LED STAYAWAYS THAT COALESCED 
OPPOSITION TO THE MUGABE GOVERNMENT.  IF THE GOZ 
SUCCEEDS IN FAST-TRACKING THE LRA THROUGH PARLIAMENT 
WITHOUT AMENDMENTS, IT WOULD GIVE THE GOZ NEW LEGAL 
TOOLS TO CONTROL AND NEUTER ZIMBABWE'S UNIONS IN ORDER 
TO HINDER THEIR SUPPORT FOR THE MDC.  HOWEVER, GIVEN 
THAT THE PARLIAMENTARY LEGAL COMMITTEE HAS ALREADY FOUND 
THAT SECTIONS OF THE BILL CONTRAVENE CONSTITUTIONAL 
GUARANTEES REGARDING FREEDOM OF ASSEMBLY AND 
ASSOCIATION, IF IT IS FAST-TRACKED INTO LAW IT MIGHT NOT 
SURVIVE A COURT CHALLENGE TO ITS CONSTITUTIONALITY.  END 
COMMENT. 
 
                       CONFIDENTIAL 
 
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