US embassy cable - 05HARARE1619

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001619 
 
SIPDIS 
 
AF/S FOR BNEULING 
NSC FOR SENIOR AFRICA DIRECTOR C. COURVILLE 
USDOC FOR ROBERT TELCHIN 
TREASURY FOR J. RALYEA, B. CUSHMAN 
PASS USTR FOR FLORIZELLE LISER 
STATE PASS USAID FOR MARJORIE COPSON 
USDOL FOR ROBERT YOUNG 
US MISSION GENEVA FOR JOHN CHAMBERLAIN 
 
E.O. 12958: DECL: 12/31/2009 
TAGS: ELAB, PGOV, PHUM, PREL, ZI, Zimbabwe Congress of Trade Unions (ZCTU), Parliamentary Affairs, Labor 
SUBJECT: NEW GOZ LAW FURTHER RESTRICTS LABOR RIGHTS 
 
Classified By: Charge d'Affaires a.i. for reason 1.4 b/d 
 
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Summary 
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1.  (C) The Labor Amendment Bill, passed by Parliament on 
November 2, increased the role of the GOZ in mediating 
industrial disputes and excluded public sector employees from 
labor law protections, both of which are potentially 
objectionable to the International Labor Organization (ILO). 
The Zimbabwe Congress of Trade Unions (ZCTU) and the 
Employers Confederation of Zimbabwe (EMCOZ) are both 
dissatisfied with the Bill.  See Action Request in paragraph 
7.  End Summary. 
 
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Key Provisions 
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2. (SBU) The Labor Amendment Bill (text e-mailed to AF/S and 
DRL/IL), which was passed by Parliament on December 2 despite 
MDC opposition, generally increases the GOZ,s involvement in 
industrial relations.  It provides for the creation of ad hoc 
Advisory Councils to resolve industrial disputes between 
labor and employers but allows the Labor Minister to appoint 
members to Advisory Councils without consulting either ZCTU 
or EMCOZ.  The Bill also restricts the right of appeal for 
both employers and employees by making lower court rulings 
enforceable despite an appeal. 
 
3. (SBU) The Bill also excludes public sector employees from 
coverage under labor laws, placing them instead under the 
Public Service Act (PSA).  This has the effect of drastically 
scaling back public sector employees labor rights.  The PSA 
does not provide for the right to form and belong to trade 
unions, to collective bargaining, to strike, or to use 
alternative dispute resolution mechanisms.  The Labor 
Minister told the Parliamentary Portfolio Committee on Public 
Service, Labor, and Social Welfare that an amendment adding 
these rights to the PSA was "forthcoming". 
 
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ZCTU and EMCOZ React Negatively 
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4. (C) ZCTU economist Godfrey Kanyenze told PolOff on 
November 22 that the labor organization had strongly opposed 
the Bill, especially the exclusion of public sector employees 
from existing labor laws.  Kanyenze said this was a blatant 
violation of ILO core labor standards and was a deliberate 
effort by the GOZ to keep civil servants in check.  He also 
expressed skepticism that the promised amendment to the 
Public Service Act to correct the problem would ever come to 
pass. 
 
5. (C) Kanyenze said ZCTU also opposed allowing the Labor 
Minister to make appointments to the Advisory Councils 
without consultation, which he said would make the Council's 
useless as mediators, and objected to restrictions on the 
right to appeal.  A labor union that had been ordered to 
de-register, for example, would now have to shutdown its 
operations pending appeal and given the long time courts take 
to hear and decide cases would most likely be unable to 
re-constitute itself even if it won on appeal. 
 
6. (C) EMCOZ Executive Director John Mufukare told PolOff on 
November 16 that employers were also largely unhappy with the 
Bill as well and were sympathetic to ZCTU's objections. 
Mufukare shared Kanyenze's concern about the Advisory 
Councils and emphatically opposed the enforcement of lower 
court judgments while an appeal was pending.  He noted that, 
under this provision, an employer would have to pay an 
employee damages and then recover the money later if the 
employer won on appeal. 
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Comment and Action Request 
-------------------------- 
7. (C) This Bill represents the latest in the GOZ's 
relentless drive to subdue civil society.  Despite the 
objections of both employers and the unions, it is likely to 
be implemented as passed.  With that in mind, we invite the 
Department to examine the Bill's provisions, especially the 
effect on public sector employees' labor rights and the Labor 
Ministry's control of the arbitration process as they relate 
to Zimbabwe's international obligations and, if appropriate, 
to have the matter(s) raised at ILO meetings in June. 
SCHULTZ