Zimbabwe Authorities Reaction to Economically Induced Demonstrations Unconstitutional: UN

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Zimbabwe Republic Police (ZRP) Members Patrol the Streets of Harare during a protest; Image Credit: Ian Mapira

Authorities’ reactions to mass striking that appear to be taking place regularly due to the current economic situation Zimbabwe is facing do not appear to be in line with the country’s situation and its international commitments, United Nations Special Rapporteur on rights to freedom of peaceful assembly and of association Clement Nyaletsossi has stated in a press statement.

The UN Rapporteur gave an example of the Vice President’s dismissal of nurses who were on industrial action demanding better working conditions.

“Another worrying example is that of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), whose fourteen members were arrested and charged with “disorderly conduct” after organizing protests concerning the economic crisis in Zimbabwe as well as low wages in December 2018,” Nyaletsossi said.

“On this case, the Harare Court dismissed it stating that trade unions are exempt from the application of POSA.”

The rapportour also commented on the abduction of Dr. Peter Magombeyi the Zimbabwe Doctors Association (ZHDA) president.

“During my visit, I have received a considerable number of allegations related to arrests, detentions and even abductions of a high number of trade union leaders and members that have taken place in connection with their activities,” Nyaletsossi said.

“In particular, I would like to refer to the alleged abduction of Dr. Peter Magombeyi, acting president of the Zimbabwe Hospitals Doctors Association (ZHDA), whole a series of strikes over working conditions and poor pay in the health sector.”

“Although Dr.Magombeyi was later found and the matter is currently under investigation by the authorities, I would like to mention that this is not an isolated case and that union leaders that requested to meet with me expressed that they were living in a toxic environment of constant retaliation and fear,” Nyaletsossi went on.

The UN representatives also said no concrete results have been achieved from the comprehensive labour law reform and harmonisation which predate the 2013 constitution.

“Sections 107, 109 and 112 of the Labour Act in relation to Collective Job Action, which provides for excessive penalties in case of an unlawful collective industrial action, also raise concerns,” Nyaletsossi explained.

“The application of POSA to trade union marches, demonstrations and protests actions, has also resulted in the restriction of the right to peaceful assembly and of association despite several court orders against law enforcement forces prohibiting them from interfering in these peaceful protests.”

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