It may be dawn, intensify the struggle

Abstract

LASTTARABUKU is Capacity Building Project Coordinator with the Zimbabwe Congress of Trade Unions in Harare It may be dawn, intensify the struggle September after Agreement Zimbabwe the signing 1 African 5, (GPA) 2009 of between National the marked Global the Union one Political year after the signing of the Global Political Agreement (GPA) between the Zimbabwe African National Union - (Patriotic Front) ZANU (PF) and the two formations of the Movement for Democratic Change (MDC). The agreement ledtothe formation ofa Government ofNational Unity (GNU) orassome would callit, the Inclusive Government on11February 2009. There were serious disagreements onsharing ofMinisterial posts andother portfolios and this ledtothe agreement not being fully consummated for close tosixmonths from the time ofsigning. With the MDC being part ofthe government, andalsoconsidering that the formation of the party wasfacilitated by the Zimbabwe Congress of Trade Unions (ZCTU), itwas expected that the new government would work towards improving trade union rights. Six months after the formation of the new government, there arefew signs inthat direction. Draconian legislation What isastounding with the GPA isthe tone of the language used as itappears as if itwas written by Zanu PF, without any contributions from the MDC. One of the agreements struck by the parties inthe GPA wasthe need toreform institutions ofoppression that hadbeen entrenched by President Robert Mugabe's regime. These institutions were widely used, not only against the opposition, but alsotrade unionists, the civil society andmembers ofthe public who were perceived tobeagainst the policies of the ruling Zanu PFgovernment. The ruling party hadput inplace a host ofdraconian laws toprotect Itself andonewould have expected that the new government would move faster tomake amendments todraconian laws that hindered people's freedoms. Smokescreen attempts were made during negotiations to amend lawslike the Public Order andSecurity Act (POSA) before the signing of the GPA. Enacted inJanuary 2002, POSA isanAct that hasbeen widely usedby the Mugabe government tosuppress andobstruct trade union activities andalsoharass trade unionists. Itisjust like the notorious LawandOrder Maintenance Act usedby the colonial regime of former Prime Minister ofRhodesia, IanSmith, tosuppress uprising against hisrule. Despite a new government, there arestill a number ofproblems with POSA. First and foremost, the police perceive trade union meetings as political meetings andtherefore ban these meetings orinsist onattending these meetings uninvited. Thepolice alsorequire trade unions toapply for permission tohold meetings although nosection ofPOSA provides for such requirements. They deliberately misinterpret a courtesy notification by trade unions ofpending meetings tobeapplications for permission tohold meetings. Even if they grant permission tohold the meeting, there are conditions like the meeting should goahead provided itdoesnot discuss 'polities'; No definition ofwhat constitutes politics is provided, thereby rendering every meeting potentially political. Thepolice alsogive time limits for holding oftrade union meetings and they caninterfere with the booking ofvenues for meetings by trade unions. Police continue threatening toarrest trade union leaders for breaching the POSA while some police officers deliberately misinterpret POSA tovictimise workers. One would have expected the new government tohave moved inquickly toamend this piece of legislation. Once they realised that POSA wasfailing dismally tosecure convictions incourts, the previous Robert Mugabe government promulgated another piece oflegislation, the Criminal Law(Codification andReform Act). This isthe lawthat hasbeen invogue for the past two years andextensively used ontrade unionists. Ithaswide areasofcoverage and canbeused toseekconvictions onboth political andlabour cases.Itcriminalises strike action by unions, prohibits publishing or communicating what may beviewed asfalse statements prejudicial tothe State. The same lawdoesnot allow criticism of the President or hisoffice andalsoprohibits gatherings as long asthe State believes the gatherings may promote public violence andbreach the peace. There isa whole schedule ofoffences that are termed 'criminal nuisance' where even distributing campaign flyers isa crime. Most provisions ofthis Act areincompatible with freedom ofassociation, assembly and expression. Anumber of trade unionists have been charged under this notorious lawandit seems there arenomoves yet toeither repeal oramend this piece oflegislation. TheLabour Act itself isonepiece oflegislation that doesnot protect workers rights. The Act is the supreme lawonlabour issues inZimbabwe asfar asworkers inthe private sector are concerned. Soon after independence, when Zanu PFwasstill pursuing socialist policies, particularly in1985, Zimbabwe washailed the world over for enacting a law, the Labour Relations Act, which wasvery progressive. However, this wassoon tochange Inthe early 1990sasthe government embraced the economic structural reform programmes bankrolled by...