GREAT ZIMBABWE UNIVERSITY

JULIUS NYERERE SCHOOL OF SOCIAL SCIENCES

RESEARCH TOPIC: “AN EVALUATION OF ZIMBABWE’S COMPLIANCE

TO INTERNATIONAL LABOUR STANDARDS: (2008-2022)”.

BY

MACDONALD KUDZAISHE TAWONEYI

REG NO: M192650

A PROJECT SUBMITTED TO THE DEPARTMENT OF HUMAN

RESOURCES MANAGEMENT IN PARTIAL FULFILLMENT OF THE
REQUIREMENTS FOR A BACHELOR OF SCIENCE HONOURS DEGREE IN
POLITICS AND PUBLIC ADMINISTRATION

MASVINGO, NOVEMBER 2022

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 APPROVAL FORM

I, the undersigned do hereby certify that the above named student was
under my supervision. I further certify that I read and recommend for
acceptance to the Great Zimbabwe University a dissertation entitled “An
evaluation of Zimbabwe’s compliance to international Labor Standards:
2008-2022” in partial fulfillment of the requirements for the Bachelor of
Social Sciences Honors Degree in Politics and Public Administration.

Mrs. C. Muronza

SUPERVISOR

………………………………

SIGNATURE

……………………………………………..

DATE

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DECLARATION
I, MACDONALD KUDZAISHE TAWONEYI hereby declare that this study is a
true reflection of my own work and that this work or part thereof has not
been submitted for any other degree in any other institution of higher
learning. All the sources I have used have been indicated by means of
complete references.

STUDENTS’ SIGNATURE

MACDONALD KUDZAISHE TAWONEYI

REG NO: M192650

………………………………. Date……14/11/2022………………...

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DEDICATION
This dissertation is dedicated to my family, my beautiful and caring partner
Precious for her constant love and for believing in me and encouraging me
during my studies. I also dedicate this work to God Almighty for making this
journey bearable.

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ACKNOWLEDGEMENTS
I would like to express my sincere gratitude to my supervisor, Mrs Muronza
for guiding me through the research project. The study would not have been
a success without her patient guidance and committed input. I would also
like to thank Great Zimbabwe University, for providing an enabling,
conducive environment and support infrastructure which largely
contributed towards the success of the project.

Special thanks also goes to the study participants from Harare’s town area
as well as all key informants from the Ministry of Labour and Social
Welfare, Ministry of Foreign Affairs, EMCOZ and ZCTU. Their relevant
contributions were a key factor in the success of the research project. Many
thanks also goes to my family and friends for their valuable moral support.
Lastly, I would like to extend my gratitude to the Almighty God for the gift of
life and the strength to commit to the success of this project.

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LIST OF ACRONYMS
CAS- Conference Committee on the Application of Standards
CEAC- Committee on the Application of Conventions and Recommendations
CFA- Committee on Freedom of Association
COPAC- Parliamentary Select Committee
DWCP- Decent Work Country Programme
EMCOZ- Employers’ Confederation of Zimbabwe
ESAP- Economic Structural Adjustment Programme
EU- European Union
FDI- Foreign Direct Investment
GDP- Gross Domestic Product
GPA- Global Political Agreement
ICFTU- International Confederation of Free Trade Unions
ILC- International Labour Conference
ILO- International Labour Organisation
IMF- International Monetary Finance
ITUC- International Trade Union Council
MDG(s)- Millennium Development Goal(s)
MDC- Movement for Democratic Change
POSA- Public Order and Security Act
TNF- Tripartite Negotiation Forum
UN- United Nations
UK- United Kingdom

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LIST OF TABLES

Table 1: The six phase framework for thematic analysis…………………….39

Table 2: Response rate (N=45)……………………………………………………..43
Table 3: Summary of findings……………………………………………………..44

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ABSTRACT
This dissertation examines the challenges in compliance of the Zimbabwean
government with its international commitments to the International Labour
Organisation (ILO) supervisory system. The major objectives of this
dissertation was to investigate the compliance challenges of the government
of Zimbabwe with the supervisory system of the ILO and to proffer policy
recommendations to improve the government’s record. The research
hypothesis was that the complex nature of the supervisory system of the ILO
presented challenges in compliance for the Zimbabwean government hence
the continuous scrutiny by the supervisory bodies. Interviews with key
informants and the documentary search reveal a bad compliance record for
the government for the decades. The dissertation argues that the deep
social, economic and political problems that were in the country from
around 2000 up to 2008 resulted in government’s failure in fulfilling its
obligations before the supervisory bodies. The study observes that the
gradual deterioration of the relationship between the government and the
supervisory system was to a large extent related to the advent of the
Movement for Democratic Change (MDC) political party through the active
facilitation of the Zimbabwe Congress of Trade Unions (ZCTU). The resultant
vague distinction between labour activism of the ZCTU and the political
activism of the MDC political party precipitated the government’s
compliance challenges with the supervisory system of the ILO. To improve
government’s relations with the ILO supervisory system, government is
encouraged to institutionalise social dialogue and continue strengthening
the legal framework for the work of the Tripartite Negotiating Forum (TNF).
Additionally, the government should strive at implementing
recommendations of the ILO Commission of Inquiry. The government is
encouraged to cooperate more with supervisory bodies of the ILO and to
honour, in good faith, the international obligations which arise from its
voluntary ratification of ILO conventions.

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Table of Contents
APPROVAL FORM.......................................................................................2
DECLARATION...........................................................................................3
DEDICATION..............................................................................................4
ACKNOWLEDGEMENTS.............................................................................5
LIST OF ACRONYMS...................................................................................6
LIST OF TABLES.........................................................................................7
ABSTRACT..................................................................................................8
Table of Contents........................................................................................9
CHAPTER 1...............................................................................................11
1.0 Introduction........................................................................................11
1.1 Background of the Study.....................................................................12
1.2 Statement of the Problem....................................................................15
1.3Aims of the Study.................................................................................15
1.4 Objectives of the Study........................................................................16
1.5 Research Questions.............................................................................16
1.6 Justification of the Study....................................................................16
Examination of the complex nature of the ILO supervisory system..........16
Compliance challenges for Zimbabwe.....................................................17
1.6.1 To the Institution..........................................................................17
1.6.2 To the Researcher..........................................................................18
1.7 Delimitations......................................................................................18
1.8 Limitations..........................................................................................18
CHAPTER TWO.........................................................................................19
2.0 Introduction........................................................................................19
2.1Conceptual Framework........................................................................20
2.1.1 International Labour Standards....................................................20
2.1.2 The importance of International Labour Standards in protection of
rights of workers....................................................................................22
2.2 Role of the Courts in implementation of International Labour
Standards..............................................................................................24
2.2.1 Application of International Labour Standards in Zimbabwe’s
domestic courts......................................................................................24

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 2.3 ILO Supervisory mechanism for Application of Conventions and
Recommendations..................................................................................25
2.3.1 Functioning and Composition of the International Labour
Organization (ILO) CAS and CEACR........................................................25
2.4 Supervision of International Labour Standards....................................25
2.4.1 International Labour Standards in literature.................................26
2.5 Zimbabwe’s compliance challenges to the ILO supervisory system.......27
2.3 Individual Labour Rights in Zimbabwe................................................28
2.4 Theoretical framework.........................................................................28
2.4.1 Legitimacy theory..........................................................................28
2.4.2 Enforcement theory.......................................................................29
2.5 Validity and Reliability of research findings.........................................30
2.6 Summary............................................................................................31
CHAPTER 3: RESEARCH METHODOLOGY................................................31
3.0 Introduction........................................................................................31
3.1 Research approach..............................................................................32
3.2 Research design..................................................................................32
3.2.1 Case study design.........................................................................33
3.3 Population and sampling.....................................................................33
3.3.1 Population of the study..................................................................33
3.3.1.1 Study setting...........................................................................33
3.3.2 Sampling.......................................................................................34
3.3.2.1 Sampling technique.................................................................34
3.3.2.2 Sample....................................................................................35
3.3 Data collection methods......................................................................35
3.3.1 Interviews......................................................................................35
3.3.2 Documentary search.....................................................................36
3.4 Data analysis and interpretation.........................................................36
3.4.1 Thematic analysis..........................................................................37
3.5 Ethical considerations.........................................................................38
3.5.1 Informed consent..........................................................................38
3.5.2 Confidentiality...............................................................................39
3.5.3 Beneficence...................................................................................39
3.6 Summary............................................................................................40
4 CHAPTER 4: PRESENTATION OF FINDINGS AND DISCUSSION.............40

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 4.0 Introduction.....................................................................................40
4.1 Response rate...................................................................................41
4.2 Demographic data............................................................................41
4.3 Presentation of findings....................................................................41
4.4 Challenges faced by the government in complying with the ILO
supervisory mechanism..........................................................................43
4.4.1 The Structural Factor: Political Activism versus Labour Activism 43
4.4.2 The Labour Movement and Political Contestation in Zimbabwe. . .44
4.4.3 Economic and Social Crisis Context............................................46
4.4.4 Government Intransigence before the ILO Supervisory Bodies........47
4.5 Implications of government failure to uphold international labour
standards Zimbabwe’s labour market........................................................50
4.5.1 Massive outward Labour Migration............................................50
4.6 Possible solutions................................................................................51
4.6.1 Harmonization of Labour law reform process................................51
4.6.2 Legislation of the TNF....................................................................53
4.7 Summary............................................................................................54
5 CHAPTER 5: CONCLUSIONS AND RECOMMENDATIONS.......................54
5.0 Introduction........................................................................................54
5.1 Summary of findings...........................................................................55
5.1.1 Government’s adamant approach to the ILO Supervisory System...55
5.1.2 Strides towards improvement of the government’s record...............55
5.1.3 Impact of Economic, Social and Political factors on government’s
compliance.............................................................................................56
5.1.3.1 Lack of trust between government and the ZCTU--(POLITICAL
FACTOR).............................................................................................56
5.2 Recommendations...............................................................................57
5.2.1 Raising the Profile of Social Dialogue through the TNF...................57
5.2.2 All Stakeholders’ Participation.......................................................58
5.2.3 Transformation of the Government’s Engagement Approach..........59
5.2.4 Recommendations for further research.......................................59
5.3 Conclusions........................................................................................60
5.4 Summary............................................................................................61
REFERENCES...........................................................................................61
APPENDICES............................................................................................66

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CHAPTER 1

1.0 Introduction
This study documents complexities of the International Labour Organisation
(ILO) Supervisory System which pose challenges for the Zimbabwean
government in complying to the requirements of the supervisory system. The
International Labour Organisation (ILO) since its formation in 1919 has
operated by a system of Conventions and Recommendations to promote
compliance for the International Labour Standards (ILS) that it adopts. The
ILO also created a very unique supervisory system to monitor
implementation of these International Labour Standards (ILS). For many
years the government of Zimbabwe has failed to effectively implement ILO
Conventions and cooperate with the ILO supervisory system. This failure to
effectively implement Conventions and comply with the ILO supervisory
system can be pointed to the complexity of the supervisory system itself
together with an ineffective Labour Court system with poor labour laws. To
this end, this chapter undertakes to document the complexities of the ILO
supervisory system which create compliance challenges for the government
of Zimbabwe. This study therefore attempts to examine the complexities of
the ILO supervisory system which hinder proper compliance to its
requirements by member states particularly Zimbabwe. This study, by
premising itself on ILS and their supervision, is conceptually anchored
within the Law of Treaties. This chapter presents the introduction and
background to the study. Thereafter, the problem statement for the study is
articulated. The chapter also outlines research objectives, assumptions,
limitations and delimitations of the study. A section on the justification of
the study is also included in this chapter.

1.1 Background of the Study

The application of ILS is subject to constant supervision by the ILO through
its Supervisory System, with each member state required to regularly

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present reports on the measures taken, in law and practice, to apply ratified
conventions. The supervisory system works in coordination together with
member state governments to ensure fair and effective application of ILS.
The Labour Courts are essential in promoting ILS since the Labour Court
has exclusive jurisdiction in issues relating to Collective Bargaining, Trade
Unions, Strikes and Lockouts, Unfair Dismissals and Unfair Labour
Practices.

Worldwide, labour courts serve the purpose of protecting individual labour

rights within their respective individual countries. Individual labour rights
protection at the global level is monitored by the ILO through its supervisory
system. Historically, the state has been given limited role in labour issues
particularly those that relate to the protection of individual labour rights.

The ILO’s supervisory system takes on two forms, namely, the regular
system of supervision and the special procedures supervision. The regular
system mandates member states to submit reports due to the International
Labour Office in terms of Articles 19 and 22 of the ILO Constitution, on both
unratified and ratified conventions. Supervisory measures under the special
procedures include the procedure for representations on the application of
ratified conventions, procedure for complaints over the application of ratified
conventions and the special procedure for complaints regarding freedom of
association (www.ilo.org).

With its longstanding history and 185 member states, the International
Labour Organization incorporates values and standards, that almost all
states around the world seem to formally agree upon. In the 94 years since
its foundation, the ILO adopted 189 Conventions and hundreds of
recommendations. The developed countries of the world that ratified ILO
conventions have generally been performing well as regards honouring their
commitments to ILS and building a functional relationship with the ILO
supervisory mechanism. Globally, countries such as the United States of
America and the United Kingdom which also ratified ILO conventions and
are member states of the ILO have a good record before the ILO supervisory
system. These countries have been able to regularly and consistently submit

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reports due to the ILO and have complied with ILS such as honouring
Collective Bargaining agreements, respecting Trade Union activity, and
protecting against Unfair Dismissals and Unfair Labour Practices (Chinkin,
2007). This efficiency can be pointed to more organised government
structures that are less bureaucratic. More stable political and socio-
economic environments have contributed to the success of developed
countries in adhering to the requirements of the ILO supervisory system.
The ILO has therefore enjoyed cordial relations with these countries.

Eight Conventions, that constitute the Core Labour Standards (CLS), stand
out due to their special relevance and their impressively high ratification
rates. Despite these favourable preconditions and an outstanding
supervisory system, shocking news about harassments of union members or
unfair dismissal of workers, make it obvious, that inhuman working
conditions are still prevalent in many countries that had actually pledged
themselves to promoting decent work. According to Blanche (2006), Somalia
has had a conflictual relationship with the ILO supervisory system on
allegations of refusal to account for the alleged abuse and disregard of the
rights of its labour workforce. It is prevalent that a majority of sub-Saharan
African countries have failed to submit regular annual reports on measures
adopted to ensure the protection of rights of workers to the ILO as per ILO
requirements.

The nature of Zimbabwe’s Labour Court system has resulted in compliance

challenges with the ILO supervisory mechanism. Zimbabwe’s failure to fully
honour its international obligations and its subjection to a Commission of
Inquiry in terms of Article 26 of the ILO Constitution is an example of the
compliance challenges arising as a result of the complex nature of the
requirements of the ILO supervisory system particularly to a number of
African developing countries.

Zimbabwe stands as the most recent case to have the Article 26 procedure
imposed in the ILO group of member states. The ILO Commission of Inquiry
Report (2013) stipulates that Zimbabwe is recorded to have faced this
procedure as a result of complaints by both employers and workers

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delegates and this is indicative of the magnitude of the compliance challenge
that Zimbabwe is facing with the ILO Supervisory System. Complaints
against the government of Zimbabwe by the 3 delegates alleged to violation
of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
and violation of the Freedom of Association and Protection of the Right to
Organise Convention, 1948 (No. 87). The two conventions shall, collectively
be referred to as Convention Nos. 98 and 87 respectively, and be
individually referred to as Convention No. 98 and Convention No. 87. The
delegates also further cited the failure and refusal by the government to
appear before the Conference Committee on the Application of Standards
(CAS) over the years 2012 and 2013. Governments have to regularly appear
before CAS which is a crucial part of the ILO’s regular supervisory system.
However, the government of Zimbabwe disregarded and failed to comply with
this standard. This study therefore sought to examine the complexities of
the ILO supervisory mechanisms in relation to member states, which creates
compliance challenges for the government of Zimbabwe in adhering to the
requirements of the ILO supervisory system.

1.2 Statement of the Problem

An ILO Commission of Inquiry was established in 2013 against the
government of Zimbabwe as a result of the recurrent failure to comply with
the requirements of the ILO supervisory system. This procedure taken
against the government of Zimbabwe revealed the seriousness of the
challenge of compliance to the ILO supervisory system that Zimbabwe was
facing with its Labour Courts since the ILO Commissions of Inquiry are a
measure, rarely applied and only invoked in cases where member states
have displayed a huge failure in complying to ILS. The complaints filed
against the government that resulted in the summoning of Commission of
Inquiry in 2013 by both the workers’ and employers’ delegates thus cited
government’s non-cooperation, obstructionist and contemptuous attitude
towards the ILO supervisory system. The government of Zimbabwe has
therefore had serious problems in complying and submitting itself to the

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requirements of the ILO’s system of supervision. This is particularly true
within the context the failure of the Labour Courts in submitting reports to
the ILO supervisory system and to adjudicate and carry out their mandate
in fairly presiding over cases of violations of individual labour rights. The
case of Zimbabwe inevitably exposes the complicated nature of the ILO
supervisory system on developing countries, which can present serious
compliance problems and consequences for some member states.

1.3Aims of the Study

This study aims to examine the complexities of the ILO supervisory
mechanism which hinder the government’s compliance to requirements of
the ILO supervisory system in the specific context of Zimbabwe.

1.4 Objectives of the Study

The study’s broader objective is to look into the government of Zimbabwe’s
compliance challenges with the ILO supervisory system. The more specified
objectives of the study are the following:-

1. To examine the application of the ILO supervisory system on

Zimbabwe;
2. To evaluate the degree of compliance with the ILO supervisory
system by Zimbabwe;
3. To investigate on the complex nature of the Labour Courts of
Zimbabwe
4. To discover the chances for full compliance with the supervisory
system;
5. To proffer policy recommendations

1.5 Research Questions

1. How applicable is the ILO supervisory system on Zimbabwe?
2. To what degree has the government of Zimbabwe complied with the
ILO supervisory system?

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 3. What aspects of the ILO supervisory system make it complex?
4. How can the government of Zimbabwe fully be able to comply with the
ILO supervisory system?
5. What solutions can be recommended to enable more compliance with
the ILO supervisory system?

1.6 Justification of the Study

Examination of the complex nature of the ILO supervisory system

The significance of this study lies in its attempt to examine the complexities
posed by the Labour Courts in their compliance to the ILO’s supervisory
system in the unique context of Zimbabwe. The majority of on hand
literature has tended to be of a general nature and has not particularly
focused on Zimbabwe. Ghebali (1989:223) writes that the work of the
supervisory system has multiplied significantly since 1926 when “the
Committee of Experts had to examine only 180 reports submitted by 26
member states” compared to around 2000 annual reports at the time of his
writing. Ghebali (ibid) examines the supervisory work of the ILO in a larger
general context but however does not narrow down and particularize to any
specific country.

Compliance challenges for Zimbabwe

This study is therefore an attempt to evaluate the complex nature of the ILO
supervisory system and the challenges in compliance faced by the
government of Zimbabwe. In light of the very little literature on Zimbabwe’s
compliance challenges within the ILO, the study will hence be a reliable
work piece that is highly beneficial to scholars in the study scope of
International Law. In addition, the practical examination of the Zimbabwe
case and the ILS system offers recommendations that will undoubtedly be
useful to practitioners and policy makers.

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1.6.1 To the Institution

The study will provide reference and literature to future researchers seeking
to carry out further research in the same or related field. The findings will
promote added information and knowledge to the future literature as the
study will act as a secondary source of data to other researchers carrying
out their research on the compliance challenges faced by Zimbabwe with the
ILO supervisory system. Furthermore, the research will add literature to
Great Zimbabwe University (GZU) institutional repository thereby helping
the institution’s students in carrying out their research on the subject under
study using this literature as well as knowledge in future studies.

1.6.2 To the Researcher

The research will give the student an opportunity to evaluate the theoretical
perspectives and practical knowledge on how to effectively examine the
complexity of the ILO supervisory system and how it hinders compliance of
member states. In addition, the study will help the researcher to pave way
for future researchers to explore more on the compliance aspects of
Zimbabwe to International Labour Standards.

1.7 Delimitations

This study was limited to the compliance aspects by the Zimbabwean

government within the context of the ILO supervisory system. The study
particularly investigates the compliance challenges for Zimbabwe from the
year 2012 to 2022. Additionally, the study largely involved consultation of
certified ILO practitioners as well as employees of the government through
the Ministry of Labour. Broader compliance issues relating to the actual
implementation of conventions and recommendations are not discussed in
this study.

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1.8 Limitations
The challenges that affected the researcher in carrying out the study
include:

 Limited availability of reliable practitioners involved with the ILO’s

work since the study focused on a highly specialised area.
 Inaccessibility of Scholarly and independent work on the ILO’s
supervisory work since the reliable articles could only be accessed
on the ILO website page.
 This study was also affected by the COVID 19 pandemic and
regulations which restricted the mobility of the researcher in
gathering and approaching respondents for the study.

The researcher overcame these challenges by conducting a specialised

analysis of the resources available online, together with a thorough
inspection of the ILO materials obtainable from the ILO Country Office for
Zimbabwe. To ensure that the travel restrictions and social distancing
obligations did not impede the progress of the study, the researcher strictly
adhered to COVID-19 regulations through wearing of face masks when
approaching respondents and social distancing. Some of the respondents of
the study were only contacted by means of a cell phone.

1.9 Conclusion

This chapter’s main focus was on introducing the topic of the research
which will focus on the complexities of the Labour Courts which create
compliance challenges to the requirements of the ILO supervisory system.
The stand point of this study is that the intricate nature of the ILO’s
supervisory system presents challenges with respect to Zimbabwe’s
compliance with its obligations hence its continued appearance before the
supervisory bodies. It also showed through its reflection on the background
study how much little empirical evidence there is in Zimbabwe on the
subject under study. The chapter therefore showed the research objectives

19
and the research hypothesis as well as the justification or its significance
both to the institution and to the researcher.

CHAPTER TWO
LITERATURE REVIEW

2.0 Introduction
This chapter is a review of relevant literature pertaining to the study. Dunne
(2011) mentions how important literature review is when conducting
research. According to Dunne (2011), a study gains foundational
understanding of the issues under study through reviewing literature.
Literature review offers a glimpses into the potential findings of a study
research and additionally serves to guide the study. This chapter is detailed
in three sections. The first section highlights the conceptual framework
within which the study shall draw from. The key concepts which are central
to the research are discussed in this section. The second section undertakes
a review of the related studies on the subject of ILS. The third and final
section offers a theoretical framework which underpins this study.

2.1Conceptual Framework
According to Rudestam & Newton (2014), a conceptual framework offers a
coverage of key the vital elements and concepts applicable to a research and
conversely, concepts from which the study borrows from. It is noteworthy to
mention that research often revolves around specific concepts already under
discussion in academic circles. This section of the chapter presents the
conceptual framework underpinning the study. Three key concepts are
detailed; international labour standards, ILO supervisory mechanism and
individual labour rights in Zimbabwe.

2.1.1 International Labour Standards

International Labour Standards (ILS) are defined as legal instruments,

which are drawn up by the ILO constituents (governments, employers and
workers), which outline the principles and basic rights at work.

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Governments, together with workers and employers use ILS as tools to be
used in drafting and implementing social policy and labour law in
conformity with internationally accepted standards. This process ordinarily
begins with a decision by a member state government to consider ratifying
an ILO Convention. ILS comprise conventions, recommendations, and
protocols. Conventions are international treaties which are ratified by
member states.

Conventions

A convention becomes legally binding on a state upon ratification of the

convention by the state. The ILO has so far recorded a total of 189
conventions on its books and 8 of these 189 conventions are considered to
be the fundamental conventions. Tortel (2009), indicates that once it has
been ratified, a convention cannot be updated, and neither can it also be
revoked or cancelled. However, the ILO can chose to revise some
conventions in order to replace older ones, or it can also adopt some
protocols to add new provisions to the older conventions. Zimbabwe has so
far ratified a total of fifteen (15) conventions to the present date and it has
been experiencing challenges in implementing these conventions.
Parakokwa (2013) highlighted that the fifteen conventions ratified by
Zimbabwe include all eight fundamental conventions. The Declaration on
Fundamental Principles and Rights at Work, 1998, set up an important
guideline and dimension to the approach that member states ought to adopt
towards the eight fundamental conventions. The Declaration stipulates that
member states are internationally obliged to promote, realise and respect
fundamental rights and principles at work even if they have not ratified the
eight fundamental conventions.

Recommendations

Recommendations are not legally binding and hence are not open to
ratification by member states. The sole purpose of recommendations is to
provide general and technical guidelines for the purpose of national action,
in the area highlighted in the body of any specific recommendation. As is

21
suggested by the term, member states may agree to not ratify a convention,
but they resolve, for example, to recommend strategies through which
fairness in a particular area could be achieved and the suitable course of
national action to be taken to achieve this fairness. The ILO presently has
203 recommendations in its books.

Protocols

Protocols serve the sole purpose of partially revising conventions. According

to Sorrentino (2000), this is so because conventions can neither be
amended, by addition or subtraction. The ILO has only five protocols in
place.

Countries often go through a period of examining and, if necessary, revising

their legislation and policies in order to achieve compliance with the
instrument they wish to ratify (www.ilo.org). Zimbabwe has in some
instances decided not to ratify an ILO Convention but has taken measures
to bring its legislation into line with the conventions. The Zimbabwean
government has therefor used ILO standards as models for drafting its
labour law and policy (Taderera, 2012). Other countries for instance, South
Africa and Botswana have ratified ILO Conventions fairly quickly and then
took action to bring its national law and practice into line following the
ratification procedure. International labour standards serve as targets for
harmonizing national laws and practice in a particular field, (Robert, 2004).

This research finds its context in public international law which

encompasses all relations among states and serves the purpose of regulating
the operations of the many international institutions, (Shaw 2008:2). In light
of the above mentioned, any reference to international law in the context of
this research is to the specific branch of public international law.

2.1.2 The importance of International Labour Standards in protection

of rights of workers.

Ratification of an ILO convention by a member state raises certain

obligations for that particular member state.

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Ratification

Ratification means that a member state officially commits to implementing –

both in law and practice – to the provisions of the convention. Member
states cannot ratify any ILO convention with reservation. This implies that
they are legally bound, under international law, by the entire protocol of the
ratified convention. The process of ratification resultantly leads to the
protection of the rights of employees and this constitutes the most vital
reason for the drafting and adoption of any convention.

The protection of the rights of employees begins with a system of supervision

of the member states, in accordance to the ILO’s supervisory systems and
mechanisms. Upon ratification of any convention, a state is then obliged to
submit an annual report to the ILO on measures adopted to domesticate the
convention ratified According to Gwisai (2006), Zimbabwe has for almost a
decade now been failing to submit reports due to the ILO on time. This
challenge can partly be attributed to a lack of clarity and ambiguity on the
implementation progress of applying the conventions. Article 22 of the ILO
Constitution, states the obligation of the state as thus:

“Each of the Members agrees to make an annual report to the International Labour Office on
the measures which it has taken to give effect to the provisions of Conventions to which it is
a party. These reports shall be made in such form and shall contain such particulars as the
Governing Body may request.”

The reports are then placed before the Committee of Experts – an

independent and impartial body consisting of high-level judges and lawyers
from around the globe – for consideration. Its decisions and
pronouncements are only made upon the basis of joint consensus having
been reached.

In instances of violation of the obligations of the ratified conventions by

member states, the ILO Constitution outlines a procedure on how the
violating state will be approached. Article 24 permits either the organisation
of employers or employees to report to the ILO of any violation a member
state could have committed.

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The ILO Constitution also permits member states to issue complaints
against each other if they perceive that a state is failing to honour the
obligations for any ratified convention. These complaints are provided for
under article 26, which indicates that:

1. Any of the Members shall have the right to file a complaint with the International Labour
Office, if it is not satisfied that any other Member is securing the effective observance of any
Convention which both have ratified in accordance with the foregoing articles.

2. The Governing Body may, if it thinks fit, before referring such a complaint to a
Commission of Inquiry, as hereinafter provided for, communicate with the government in
question in the manner described in article 24.

In instances whereby a member state fails to respond to the request for

comment, the ILO governing body may consider establishing a commission
of inquiry to look investigate the matter. Zimbabwe has thus been subjected
to a commission of enquiry due to non-compliance to the requirements of
the ILO supervisory system.

2.2 Role of the Courts in implementation of International Labour

Standards

Courts have developed into a reliable institution in the protection of

individual persons and individual labour rights, thereby guaranteeing an
increased compliance to international labour standards. The ILO
supervisory mechanism is an effective tool in ensuring that states honour
their commitments to international labour law obligations in practical ways.
Legislation is often enacted as a protective measure to protect vulnerable
groups. According to Layton (2006), this approach has mostly been a
favourable option especially to those calling for a limitation and deregulation
of interventions in the labour market. In Zimbabwe, the responsibility of
ensuring that people enjoy the benefits that originate from these rights still
falls on the government. In a majority of states, this function has devolved to
courts, and this explains the litigation on individual labour rights in several
states.

24
2.2.1 Application of International Labour Standards in Zimbabwe’s
domestic courts

The Labour Court of Zimbabwe was established by the Trade Disputes Act
and this Court has the mandate to:

• Settle trade disputes; and

• Further, secure and maintain good industrial relations in Zimbabwe

The Labour Court of Zimbabwe can rely on ILS in all endeavours to

determine and resolve disputes brought to its attention. This unique ability
is most useful as it increases the probability that the Court will be able to
resolve disputes properly, through enabling it to look beyond domestic law
in arriving at its decisions. However, in instances where there is a gap
domestic law, as endorsed by the highest court, which is the Court of
Appeal, the Court may refer to ILS to deal with the conflict and conclude the
matter. This is what the equitable jurisdiction of the Court aims to achieve,
regardless of whether Zimbabwe would have ratified a particular convention
or not.

2.3 ILO Supervisory mechanism for Application of Conventions and

Recommendations

Ahamed, (2012:588) mentions that the supervision of ILS by a unique

supervisory system ensures an effective implementation of conventions
ratified by countries. Ahamed argues that the uniqueness of this system
facilitates better implementation of the standards. The ILO’s mechanisms for
the supervision and application of conventions, include a regular reporting
and reviewing procedure and also an ad hoc procedure for the handling of
complaints. The ILO regularly examines the application of standards in
member states and indicates any particular areas where they could be
applied in a more effective manner. Where they are problems, the ILO seeks
to assist member states by means of social dialogue and technical
assistance.

25
2.3.1 Functioning and Composition of the International Labour
Organization (ILO) CAS and CEACR

The ILO has developed supervisory mechanisms so that it can use to

monitor the progress of countries in the applying and implementing
international labour standards, ILO (2012). From its beginning, the ILO
sought to achieve this compliance to ILS through establishment of
supervisory bodies - the CEACR and CAS - set up to promote compliance to
these standards.

The CEACR's work is mostly an examination of the practical implementation

of the conventions, particularly identifying shortcomings. The CEACR’s
report is also essential in identifying countries that would have committed
violations of ratified conventions by workers and employers at the
International Labour Conference. The listed countries are summoned to
appear before the court rulership of the CAS for formal proceedings over the
alleged violations, with all attendants taking part in the deliberations,
(www.ilo.org)

2.4 Supervision of International Labour Standards

The International Labour Organisation (ILO) laid the foundational work for
monitoring of state obligations at the international level as well as
international protection of human rights (Marshall and Rossman, 1995).
Member states of the International Labour Organization (ILO) are obliged to
adhere and uphold all terms of ratified conventions and submit reports
regularly to the ILO on their progress in complying, even for those
conventions unratified.

Employers' and workers' organisations can take action against a member

state if it fails to effectively comply with a ratified convention through Article
24 of the Constitution. Such representations require an immediate response
from the government concerned. Any member state can file a complaint with
the International Labour Office in reporting another member State which, in
its opinion, not have successfully implemented a convention.

26
The establishment of the Commission of Inquiry over a matter indicates an
important case under the ILO supervisory system. The Commission comes
up with recommendations on measures to be taken to correct the violations
in any way that it deems appropriate. Governments can submit queries to
the International Court of Justice in terms of Article 29 of the Constitution if
they do not do not accept the recommendations.

2.4.1 International Labour Standards in literature

Seng (2012) claims that different reasons have been given for enforcing ILS,
from fostering societal harmony to preventing a "race to the bottom." Among
these are the establishment of national labour legislation, the promotion of
social justice, the consolidation of social harmony, and the social and
human goals of economic development. Given the foregoing, it is clear how
crucial international labour standards are to raising a country's social
welfare.

There is a view that businesses will compete by providing subpar working

conditions if there are no international labour standards. It is believed that
enacting employment protection laws and a pay floor will stabilize labour
relations, strengthen human capital, increase real incomes, and thereby
increase global trade. Castro et al. ('I 992); Sengenberger (1991). Conversely,
Fields (1989l) argues that policymakers should concentrate on the results
rather than the institutional and regulatory frameworks that regulate such
situations. Exogenously enforced labour norms could have a negative impact
on commerce and output.

2.5 Zimbabwe’s compliance challenges to the ILO supervisory system

A challenge in and of itself is the complexity of the standards adopted by the
ILO as well as the relatively complex method for monitoring their
application. The CEACR's yearly publications demonstrate that developing
nations tend to be among the nations that fall short in terms of reporting
requirements. For instance, according to the CEACR Report (2010), 12 of the
22 countries that had failed to submit reports in line with Article 19 of the

27
ILO Constitution for five or more years were African nations. The ILO's
supervisory system has the potential to provide member states with
compliance issues (Merriam, 2002). Zimbabwe is one example, which has
not completely complied with its international responsibilities to the point
where a Commission of Inquiry has been established in accordance with
Article 26 of the ILO Constitution. According to the ILO Commission of
Inquiry Report (2009), Zimbabwe was the first nation to ever have such a
measure taken as a result of complaints made simultaneously by
representatives of both employers and workers.

A review of Zimbabwe's case demonstrates that there are numerous

compliance issues with reporting requirements. According to the Institute
for International Economics, "nearly a third of the required reports under
the supervisory system were not sent by the governments in 2002, adding
that ten countries had completely not responded to the follow up to the
1998 Declaration on Fundamental Principles and Rights at Work"
(www.piie.com). According to the author, this situation is due to the rigorous
requirements that the supervisory system places on nations and that some
member states, like Zimbabwe, may not fully comprehend. The researcher
notes that the government of Zimbabwe's repetitive appearances before the
ILO's CAS since the year 2002 are related to the government's failure to fulfil
its compliance requirements as regards submission of reports on
Convention No. 98 to the CEACR in the year 2001, as mentioned in the ILO
Commission of Inquiry Report (2009).

2.3 Individual Labour Rights in Zimbabwe

Despite the Constitution's guarantee of this protection, Zimbabwe's

framework of individual labour rights protection is inadequate. The courts
in Zimbabwe are not doing enough to safeguard individual labour
rights, which is the cause of these flaws in the Zimbabwean
strategy, Kasuso (2021).

The International Labour Organization (ILO) is a specialized agency within

the United Nations with the mission to advance social justice and rights for

28
workers and everyone around the world. The corpus of international legal
standards that governs matters relating to employment is one of the many
roles that international labour law serves. The state is mandated to make
sure that individual labour rights, which are also a type of international
labour standards, are protected. It suffices to say that the Labour Court of
Zimbabwe's complexity has prevented it from meeting the standards of the
ILO supervisory system.

2.4 Theoretical framework

Theoretical framework entails the collection of theories, models and
constructs which underpin a study (Rudestam & Newton, 2014). According
to Rudestam and Newton (2014), every study has specific theories that
underpin the major issues an inquiry explores. This segment of the chapter
is a presentation of the theoretical framework for the study. The section
covers two theories – the legitimacy theory and the enforcement theory.

2.4.1 Legitimacy theory

The researcher used the Legitimacy theory. According to Franck's Theory of

Legitimacy, states adhere to international standards when they are regarded
of as having a high level of legitimacy. A norm must be formed "in line with
universally acknowledged norms of right process" in order for it to exist.
Legitimacy "exerts a push toward conformity" on nations, causing them to
adhere to standards. The degree of perceived legitimacy of the norms is
positively and significantly associated with the strength of this compliance-
pull. If a rule is highly legitimate, the pull is quite strong; nevertheless,
when a norm is debatable, the need to follow it is relatively weak. Hence, in
accordance to the legitimacy theory, compliance to the established
international labour standards by member states is stronger when the
standards are largely supported by a strong body of recognized legal and
binding statutes.

The Legitimacy theory is relevant to the study since the research analyses
the complexity of the ILO supervisory system which is an international
organisation. Zimbabwe has made efforts to comply with international

29
labour standards because they have a high degree of legitimacy. The study
therefore employed the Legitimacy theory because it is relevant on the basis
of Zimbabwe’s compliance to international labour standards. Zimbabwe has
ratified several conventions with the ILO in its efforts to honour its
commitments to international labour standards. Zimbabwe’s compliance to
the international labour standards highlights the legitimacy and legal
binding authority that ILS have.

2.4.2 Enforcement theory

The researcher also used the Enforcement theory. The theory indicates that
the impending realty of being subjected to harsh penalties and punishments
such as the imposition of sanctions leads states to comply to established
international norms. According to this theory, a state's strategy in its
participation in international affairs is always aligned to its desire in
maximizing its benefits through the pursuit of national interests, which are
by and large determined by the political and economic ambitions of domestic
interest groups. A state will undoubtedly respect and comply with an
established international norm, if it anticipates the net benefit of non-
compliance to be negative. This is to mean that, if the gains of a state to be
obtained from violating a norm are not exceeding the benefits to be obtained
from complying to that particular norm, a state will choose compliance
instead. A negative net benefit of non-compliance can be ensured through
the establishment of adequate punishment strategies.

The Enforcement theory is relevant to the study because Zimbabwe has

made efforts to respect and honour ILS for fear of the consequences to be
faced for the violation of these ILS. Additionally, the negative consequences
for Zimbabwe’s failure to adhere to the international norms have so far
produced more disadvantages through the imposition of sanctions by the
ILO and hence this has been a push factor in Zimbabwe seeking to remedy
the challenges it faces in its compliance to International Labour standards.
The theory links to the study in the sense that Zimbabwe has been
subjected to a Commission of Enquiry and has been the victim of scrutiny

30
from the ILO supervisory bodies and this has largely compelled Zimbabwe’s
compliance to ILS through respecting of labour rights.

2.5 Validity and Reliability of research findings

A research study is perceived as being reliable when multiple researchers

can use and make reference to the study under stable conditions and still
obtain consistent results whereby the results do not vary. Reliability is
therefore a reflection of replicability and consistency over time. On the other
hand, Validity can thus be perceived as the core of any kind or form of
assessment that is considered as trustworthy and accurate (Bond, 2003).
Content validity is particularly concerned about the general adequacy of
coverage of the content area under investigation. Content validity is
therefore particularly crucial for the testing of knowledge (Point and
Hungler, 1999).

The construct validity and content validity of the interview research

questions were carefully and professionally assessed. A chief expert from the
ILO in the field of application of ILS judged the measure/degree to which the
content of the research questions were logical and covered a wide scope of
the research.

Validity and reliability of the research was further enhanced by the inclusion
of several of the ILO branches surrounding the region that the research was
conducted. Additionally, the participation of clients seeking services from
the ILO offices and the Ministry of Labour on different days of the week
enhanced the validity and reliability of the study.

The willingness of the researcher to address queries, as well as the

assistance given to some of the illiterate participants through the use of
structured interviews, was crucial in so far as it provided consistency and
further enhanced the validity of the study. Additionally, the study also made
use of information from the ILO website during documentary searches and
this enhanced the reliability of research findings.

31
2.6 Summary

This chapter presented a review of the relevant literature to the study. The
chapter was structured in three orderly sections. The first section brought
out a detailed conceptual framework within which the study was drawn
from. The key concepts which are central to this research were clearly
discussed in this section. The second section undertook a review of some
related studies on the topic subject of International Labour Standards. The
third and last segment of this chapter provided the theoretical framework
which underpins the study.

CHAPTER 3: RESEARCH METHODOLOGY

3.0 Introduction

This chapter presents the research methodology for the study on the
complexities of the ILO supervisory system which create challenges for
Zimbabwe to comply with its requirements. McNeill and Chapman (2005)
indicate that research methodology involves the processes which constitute
the actual research. Research Methodology brings out questions of research
philosophy, how data was collected and in turn analysed to generate study
findings. The research methodology for the study is to be presented in
subsections which include; the research approach, research design, the
population of the study and sampling techniques applied as well as the data
collection instruments used in the study. The chapter also contains a
section on data analysis and ethical considerations.

3.1 Research approach

This study adopted a qualitative approach to research. Qualitative research

is concerned with non-quantifiable data. Williams (2007) indicates that a
qualitative approach to research aims to gain in-depth knowledge and

32
insights concerning a phenomenon. It captures the perspectives, concerns,
attitudes and aspirations of the respondents to gain a more intimate, close-
up informed view of a phenomenon. Williams (2017) states that the
research approach and philosophy a study adopts is important in
determining the study findings. In light of the above, the two main research
approaches a study can assume are the qualitative and quantitative
approaches to research. According to Williams (2007), Quantitative research
deals with quantifiable measures, with results presented through statistical
data and graphs. Quantitative research is applied the most in market
research and hard sciences. The study sought to gain insight into the issue
of supervision of international labour standards with respect to the
challenges faced by Zimbabwe in complying with the requirements of the
ILO supervisory mechanism.

3.2 Research design

Research design is the strategy applied in the investigation of a phenomenon

which a study adopts (McNeill and Chapman, 2005). This study opted for
the case study design. According to McNeill and Chapman (2005) the
research design is crucial to a study since it determines the scope of the
study, resources to be deployed in the study and the time the researcher
must commit to a study. Examples of designs that a study can opt for
include the exploratory design and the descriptive design. The following
subsection provides information on the advantages, limitations and
measures taken to overcome the limitations of a case study design.

3.2.1 Case study design

This study opted for the case study design. McNeill and Chapman (2005)
define a case study as an in-depth study of a single unit. The case study
approach allowed the researcher to come up with comprehensive and
systematic information about the working of the ILO supervisory system.
There are several advantages to adopting a case study design. For example,
a research can be conducted under time and resource constraints.
Additionally, researchers can begin and stop a study at any point when

33
using a case study design and this translates to mean that it affords
researchers convenience. However, a case study design also has some
limitations. For instance, the design has a limited scope which gives rise to
credibility and transferability concerns (Crowther & Lancaster, 2012). This
study used a collabour ation of research methods and audited study
findings to ensure credibility and transferability (Crowther & Lancaster,
2012). According to McNeill and Chapman (2005), a case study can involve a
string of several units under study but the units must retain a specific
common denominator. An understanding of the experience of Zimbabwe
within the ILO was crucial since the study’s specific focus was Zimbabwe.

3.3 Population and sampling

3.3.1 Population of the study

The population of this study were respondents highly knowledgeable in the

work of the ILO supervisory system. Williams (2007) defines a study
population as the aggregate pool from which the respondents of a study are
drawn from. The population is of paramount significance as it determines
the characteristics of the study sample and correspondingly, the findings of
the study. In order to get an improved understanding of the population of
the study, it is imperative to discuss the study setting.

3.3.1.1 Study setting

The study setting encompasses the geographical location within which a

study is carried out (Williams, 2007). This study was conducted in Harare,
Zimbabwe. Harare is the capital city of the country where most economic
and industrial activity takes place. Most headquarters of organizations,
particularly the non-governmental organizations are located in the capital
city. It should be established that the ILO headquarters and the Ministry of
Labor is situated in Harare and this increased convenience and improved
accessibility to study participants. Reviewing a study setting involves
looking into aspects such as the demographic characteristics of a place, the

34
economy of the region, the administrative authorities that preside over the
location and so forth (Williams, 2007).

3.3.2 Sampling

Williams (2007) define sampling as the process through which the

participants of the study are gathered and selected. The end goal of
sampling is arriving at a sample from which the study would obtain data
(Williams 2007).

3.3.2.1 Sampling technique

Sampling techniques are the model or framework a study chooses towards

selecting a sample (Williams, 2007). This study employed the purposive
sampling technique. The researcher selected a sample of respondents that
are highly knowledgeable with the work of the ILO supervisory system.
Depending on the nature of the study at hand, a study can assume any of
the several sampling procedures. Examples of sampling techniques are:
quota sampling, snowballing, and purposive sampling among others. In this
study, purposive sampling was used. Merriam (2002) indicates that
qualitative inquiry seeks to understand the meaning of a phenomenon from
the perspectives of the participants and that it is therefore vital to select a
sample from which the most can be learned.

Williams (2007) states that purposive sampling refers to the selection of

study participants against a specific criteria or template. The respondents
chosen must fit a certain criteria specified by the researcher for purposes of
the study. Accordingly, as regards this particular study, the respondents
had to fit the following criteria in order to be selected for the study:

 Respondents were particularly chosen on the basis of their

involvement with the ILO’s work in the Zimbabwean context.
 Respondents were also drawn from public office holders serving the
Ministry of Labour and other government ministries, departments or
agencies.

35
  Respondents were also drawn from employers’ and workers’
organisations.

3.3.2.2 Sample
A sample refers to the class of people selected to serve as respondents in a
study (Williams, 2007). The sample of this study was made up of a total of
forty-five (45) participants from the government of Zimbabwe, employers’
organisations, workers’ organisations and lastly the ordinary citizens of
Zimbabwe. Fifteen (15) of the participants were from the Ministry of Labour,
twelve (12) were from the ministry of Foreign Affairs, five (5) representative
from the workers’ organisations and (5) representative from the employers
organisations, three (3) legal practitioners and five (5) random citizens.
(McNeil and Chapman 2005) indicate that the significance of the study
sample is that it directly determines the quality of findings. A blunder at
sampling and assembling a sample can distort a study and lead to
inaccurate findings.

3.3 Data collection methods

The process of data collection relies upon the use of an appropriate data
collection methods. Williams (2007) indicates that studies must opt for data
collection methods that are effective in meeting the research objectives. In
this research, interviews and documentary search were used in collecting
data for the study.

3.3.1 Interviews

Interviews seek to gain information about a particular subject of study

through questioning respondents who are knowledgeable or have first-hand
experience about the focus area under study (Williams, 2007). This study
resolved to the use of interviews in documenting Zimbabwe’s compliance
challenges with the ILO supervisory system. An interview guide was used as
the primary data collection tool and the guide comprised of open ended
questions. Interviews reveal the opinions and attitudes of respondents.
McNeill and Chapman (2005) indicate that the advantage of interviews lies
in their interactive nature and this promotes richness of data gathered. The

36
study employed the interview method for its advantage in enabling
immediate clarification and follow up of issues inquired. The interview
method opened up the possibility for free expression of the respondents.
This was essential in catering for any useful discussion on issues beyond
the pre-empted questions.

3.3.2 Documentary search

This study also adopted the use of documentary search. As a means of

gaining insight on the historical and existing relations between the ILO
supervisory system and the government of Zimbabwe, this study relied on
some written records as well as academic books. Additionally, some official
publications of the International Labour Organisation for example reports of
the CAS and the ILO CEACR were used. In addition to the above mentioned
sources, this study consulted journals and the internet which are a source
of updated information. According to Scott (2006) documentary research
involves the use of texts and documents as source materials, including
visual and pictorial sources in paper, electronic or other hard copy form.

3.4 Data analysis and interpretation

According to Creswell (2003) data analysis is the process which organizes
data into coherent, meaningful sets. This study adopted qualitative methods
of data analysis. Thematic analysis method was used in analysing and
interpreting the data obtained from the study. According to Creswell (2003),
raw data from a study is unorganized and meaningless, requiring processing
and analysis in order to form meaning from it. The qualitative or
quantitative nature of a study is what determines the type of data analysis
and interpretation that is to be applied in a study. Qualitative data analysis
methods are applied in instances where a study is qualitative in nature.
According to Creswell (2003) indicates that qualitative methods of data
analysis exist in a variety and some of which include: conversation analysis,
narrative analysis, thematic analysis, hermeneutics analysis and discourse
analysis.

37
3.4.1 Thematic analysis

According to Creswell (2003) thematic analysis is a form of data analysis

which involves the grouping of data into particular sets. Thematic analysis
is particularly applied in instances when research instruments such as
interviews, questionnaires or focus group discussions are used. In applying
thematic analysis, information shared by respondents in a study is grouped
in accordance to similarity and organized into themes to elabour ate on a
phenomenon. This research applied thematic analysis according to Braun
and Clarke’s 6 phase framework for thematic analysis. This is detailed in the
table below;

Thematic Analysis Detailed process

Phase

1. Familiarisation Raw data will be transcribed, transcripts read and re-

read. This actively keeps key issues unveiled fresh in the
films of the mind of the researcher

2. First coding Data segments will be coded for as many features as

could be. Once all data is coded, data shall be collated by
code. Final transcripts read and all segments of data will
be systematically coded for features

3. Theme setting A list of codes shall be produced and related codes will be
gathered into potential themes. All data relevant to each
theme is then collated. This is especially important to the
research in the event that a considerable portion of data
which the research amasses overlap in a number of
respects and thus there is need to collate such data

4. Theme review Data relating to each potential theme shall be considered

in relation to other themes. The validity of themes will be
considered in relation to entire data set. In this study
where the scope of the research is relatively narrow,
theme alignments are expected and such alignments
remain significantly important in the overall
understanding of the study

38
5. Theme defining A detailed analysis shall be conducted on each theme by
and naming organising data into a coherent account, with narrative.
Constructs will be given to each theme for the written
account.

6. Produce and The final analysis of themes shall be conducted and

report presented in the report

Table 1: The six phase framework for thematic analysis

Source: Creswell (2003)

3.5 Ethical considerations

All research must adhere to and uphold a guiding set of ethical issues.
Upholding ethical issues is important as it ensures the safety of the
participants (Walker, 2007). In light of the above, the observance of ethical
issues is therefore very important and hence researchers should uphold
certain ethical requirements. This study observed the following ethical
considerations:

3.5.1 Informed consent

Informed consent entails the disclosure of details about the study to study
participants. Informed consent was observed in this study. The researcher
informed the participants to the study about the nature of the research
which was done with the goal of documenting the complexities of the ILO
supervisory system which presents challenges for Zimbabwe in complying
with the requirements of the supervisory system. The researcher also
explained to the participants that data obtained from the study was going to
be used for academic purposes only. The participants were informed of their
right to withdraw from the study at any point if they so wished. The
individual consent of participants in partaking in the research was
emphasized in the interview procedures and hence a consent form was
offered for the respondents to sign as a way of consenting to take part in the
study. Walker (2007) notes that the idea of informed consent also includes

39
informing respondents of all the rights which they reserve in the course of
their participation in a study.

3.5.2 Confidentiality

According to Walker (2007), confidentiality entails protecting the identities of

the participants of the study. The anonymity of interviewees was upheld and
all data and information was treated in the strictest confidentiality when
requests were made. Protecting identity of respondents is vital as a means of
ensuring that respondents do not potentially suffer victimization on account
of the statements, concerns and attitudes they share. In light of the above, it
is important to safeguard the participants of a study against victimization
and related harms resulting from their contributions.

3.5.3 Beneficence

Beneficence includes taking the necessary precautionary measures and

steps to guarantee the safety of participants to a research and the
importance of this ethical consideration is that it looks after the well-being
of the respondents. This study adhered to the principle of beneficence. In
light of the outbreak of the COVID-19 pandemic, interaction with study
participants was strictly guided by the observance of social distancing and
wearing of protective masks. This was endorsed as safety mechanisms to
prevent possibility of transmitted infection of the corona virus to the
participants. Some interviews were conducted over the phone to protect
participants against contracting the corona virus.

3.6 Summary
This chapter presented the research methodology for the study on
Zimbabwe’s compliance challenges to the ILO supervisory system. The
research methodology for this research was presented in subsections which
include; the research approach, research design, the population of the study
and sampling techniques applied and data collection instruments used in
the study. Also contained within this chapter are sections on data analysis
and ethical considerations.

40
4 CHAPTER 4: PRESENTATION OF FINDINGS AND DISCUSSION

4.0 Introduction

This chapter presents the findings of the study on Zimbabwe’s compliance

challenges to the ILO supervisory system. The chapter outlines the factors
that have been the cause of failure for the government’s full compliance with
the supervisory mechanisms of the ILO, incorporating the information
obtained from key participants who are involved in the work of the ILO
supervisory system in Zimbabwe. The views of the key informants to the
study are discussed together with other contributing factors that have
adversely contributed the poor performance of the government. The chapter
presents the findings of the study.

4.1 Response rate

According to Williams (2007), response rate entails the proportion of the

study participants that actually participated in the study from the total
number that was sampled. The study involved 12 participants in total. The
response rate for the study is summarized in the table below.

Table 2: Response rate (N=45)

Sample population Responses Response rate

45 45 100%

41
Source: Field data (2022)

4.2 Demographic data

According to Williams (2007) the importance of reviewing demographic data

is for the purpose of having to assess for credibility, representativeness and
guard against foul play in the sampling of study participants. The study
involved 40 participants in total and these were sampled from the
population of Harare city which was the setting of the study. The
demographic profiles of the respondents along lines of age range, gender and
education are presented in the following sub-sections:

4.3 Presentation of findings

The study explored the government of Zimbabwe’s compliance challenges

with the requirements of the ILO supervisory mechanism. The study was
conducted in Harare, the capital city of Zimbabwe, with the following
objectives;

1. To examine the application of the ILO supervisory system on

Zimbabwe;
2. To evaluate the degree of compliance with the ILO supervisory
system by Zimbabwe;
3. To investigate on the complex nature of the Labour Courts of
Zimbabwe
4. To discover the chances for full compliance with the supervisory
system;
5. To proffer policy recommendations

Interviews were used in collecting data for the study. Thematic analysis was
deployed in analysing data and the data was grouped into thematic sets.
The findings of the study are summarized in the table below:

Table 3: Summary of findings

Main themes
Causes of the compliance  Political activism versus

42
challenges for the government of Labour Activism
Zimbabwe.  Labour movement and
political contestation in
Zimbabwe
 Economic and Social crisis
 Government intransigence
before the ILO supervisory
bodies
Implications of failure to comply  Outward migration of skilled
on upholding international labour personnel leading to brain
standards. drain
Prospects for the Improvement of  Government acceptance of ILO
Government’s Record. Recommendations
 Harmonization of labour law
reform process
 Legislation of the TNF
 Training seminars for the law
enforcement agents on ILS

Source: Field data (2022)

4.4 Challenges faced by the government in complying with the ILO

supervisory mechanism

The study sought to indicate the challenges faced by the government of

Zimbabwe in complying with the ILO supervisory mechanism. Resultantly,
the participants of the study were asked to mention and review some of the
challenges they perceived to be the cause of Zimbabwe’s failure to comply
with the ILO supervisory mechanism. The following sub-sections highlight
some of the key challenges faced by the government of Zimbabwe in
complying with the ILO supervisory mechanism:

43
4.4.1 The Structural Factor: Political Activism versus Labour Activism

All interviewees from the Ministry of Labour a viewpoint that unpacking the
economic, political and social context of the country in the period from 2008
to 2021 was necessary in understanding the cause for government’s poor
record before the ILO supervisory mechanism. The years 2008 to 2021 were
largely characterised by the active participation of the opposition party in
governance through the GNU (in 2008)

The Deputy Director from the Ministry of Labour said:

“The government of Zimbabwe has faced the scrutiny of the ILO supervisory
bodies due to political developments that ensued in the country. This scrutiny
also originated from, and is as a result of the critical role played by the ZCTU
in founding the MDC party”.

Another interviewee, who is an employee in the Ministry of Labour said:

“The collaboration between government and the ILO was bound to be

problematic because the opposition continued to voice complaints to the ILO
about the government’s failure in responding to worker grievances. Another
blockade was the fact that the new Minister of Labour and Social Services,
was a former General Council member of the ZCTU”

The author is therefore in support of the interviewees’ views as mentioned

above and this is because the period before the MDC’s involvement and
participation in governance in partnership with the ruling ZANU (PF) party
were indeed characterised by a more collaborative and cooperative
partnership between the ILO supervisory bodies and the government of
Zimbabwe. In understanding the reasons behind Zimbabwe’s failure to
cooperate with the ILO supervisory mechanism, it therefore follows that the
study interrogated the political, social and economic environment which
Zimbabwe was in during the said time period.

After the signing of the Global Political Agreement in February 2009,

Zimbabwe’s parliament voted in favour of a Constitutional Amendment that
resultantly paved way for the establishment of an Inclusive Government

44
which resulted in, Mr. Morgan Tsvangirai, the former ZCTU Secretary
General being put to the post of Prime Minister while some MDC party
members took on leadership positions. In consideration of these political
developments, the author together with the interviewees concluded to say,
post GPA, it was inevitable that the scrutiny of government by the ILO would
ensue since the complainants from workers organisations against the
government were recorded more by the ILO supervisory mechanism.

4.4.2 The Labour Movement and Political Contestation in Zimbabwe

The interviewees in the study also mentioned that the government’s move in
trying to influence decision making of trade unions affected its compliance
to international labour standards and this resulted in a deteriorating
relationship with the ILO. The interviewees mentioned that politics largely
contributed to the deteriorating relationship between government and ZCTU
and hence, also between government and the ILO supervisory bodies.

Employees from the Ministry of Foreign Affairs mentioned:

“The government was strategically aiming to control workers by gaining

control over their representative organisations. The plight of the workers was
to be determined by the government. The government seemed to want to make
the workers more like puppets which they could twist and turn in their
favour”

Interviewees from the employee representatives, which is the ZCTU indicated

that:

“The new leadership from our ZCTU organization was frequently on opposing
ends with the government as they argued against the bulk of government’s
policies. Our leadership’s main argument was that the government’s policies
were a huge shift from the socialist views that were popular just after
Zimbabwe’s attainment of its independence”

Another interviewee from the ZCTU expressed the view that:

45
“An important point to note is that trade union activity cannot be easily
restrained from having a marked impact and influence on the political
platform. This is because trade unions operate in the same political
environment as the government and hence if trade unions and government
are not in a cordial relationship, then there is definitely going to be a
problem”.

The author thus concluded that it is therefore clear that government’s

motive had been to undermine the workers’ power by imposing the ZCTU
and staffing it with its supporters. The government joined together several
individual trade union organisations to form only the ZCTU. The importance
of labour movement in politics was clearly highlighted by Gwisai (2006:5)
who states that “trade unions provide an autonomous platform for workers
to learn to organise and develop political consciousness and thereby enable
workers to fully exercise their rights as citizens”.

Another employee from the ZCTU added that:

“After the formation of the opposition party which is the MDC, the ruling ZANU
PF party did not make any distinction between the political activism of the
party as well as the labour activism of the ZCTU. The government hence
resorted to using the Public Order and Security Act (POSA), which criminalized
all gatherings of more than fifteen individuals without police clearance, as a
tool against the ZCTU and the MDC. The government seems to be acting
against its own accord.”

The legislation clearly indicates that gatherings of trade unions are excluded
from its scope, but however the police used it to prevent the ZCTU from
having meetings of any kind and this was played a huge role in worsening
the participation of trade unions with the government. This then prompted
further scrutiny of the government from the ILO. In light of the above
mentioned, the study concluded that politics largely contributed to the
deteriorating relationship between government and ZCTU and hence, also
between government and the ILO supervisory bodies. The interviewees
contended that politicisation of the labour movement which resulted in the

46
formation of the MDC was the origins of the failing relationship between
government and the ILO supervisory bodies.

4.4.3 Economic and Social Crisis Context

The study participants also indicated that the economic and social
environment that prevailed in the country from the year 2012 to 2018 is
crucial in order to have a more enlightened view of the reasons for
Zimbabwe’s failure in effectively working together with the ILO supervisory
mechanism. Over the duration of this time period, Zimbabwe experienced a
dramatic decline in its socio-economic power.

The employee from the Ministry of Labour mentioned:

“The effects of Zimbabwe’s crumpling domestic environment was also felt in

the labour market and this caused unemployment to rise and there was also
a rapid decline of disposable incomes due to hyperinflation. These distortions
in the labour market resultantly created a strained and conflictual
relationship between the government and the labour movement due to clashes
in implementation of key socio-economic policies”.

Another employee also mentioned:

“The government together with the workers’ organisations and employers’

organisations which are better known as its social partners, tried to form a
social contract through the formation of Tripartite Negotiating Forum (TNF), as
they tried to correct the effects of the deteriorating socio-economic situation
but this effort was unsuccessful due to the economic crisis which created
acute money shortages. Without adequate financing, the government could
then not make any sustaining decisions in working with its social partners”.

The interviewees from the Ministry of Labour mentioned that:

A lack of trust and mutual understanding between the government and its
social partners are the major reasons that contributed to a failure of social
dialogue at the TNF. The social partners have for so long now held the belief
that the government is incapable of negotiating in good faith and is usually

47
seeking to control and exploit the workers’ organisations. The lack of trust
between government and its social partners makes it impossible for
negotiation”.

The author concludes that the unstable socio-economic environment that

plagued the country largely negatively affected the government’s capacity to
deliver services. The unsatisfied Zimbabwean workers, through their
representative, the ZCTU, persistently confronted the government and the
result of the confrontation was the scrutiny of the government by the ILO
supervisory bodies. The TNF is a platform initially originated to create a
collaborative effort between the government and its social partners in order
to work towards providing solutions to the socio-economic challenges of the
country. The TNF also made efforts in taking positive action in order to
facilitate the management of prices and incomes in 2009 and 2017 but
however there was not any tangible result of the efforts due to the problems
of shortages created by the ailing economy. Protocols on Management and
Pricing of Foreign Currency Restoration as well as Business Viability and the
Mobilisation, were also crafted and signed in 2013 but were never
implemented.

4.4.4 Government Intransigence before the ILO Supervisory Bodies

All interviewed participants of the study held the view that the Zimbabwean
government was rigid in its conduct with the ILO supervisory body,
particularly the CAS and this resulted in more scrutiny from the ILO. The
identified shortfalls in the legislation as well as the blatant violations in
implementation of the legislation by the government of Zimbabwe is a factor
that contributed to the deteriorating relationship between the government
and the ILO.

Interviewees from the Ministry of Foreign Affairs mentioned that:

“The government was responsible for gross non-compliance in honouring the

labour rights that it stipulated in its constitution and therefore it had to
account for this non-compliance before the CAS. The government however

48
displayed an attitude that it could choose not to be answerable to the CAS
and this had a negative bearing on the ILO’s attitude towards the government
of Zimbabwe”.

The interviewed government employees from the Ministry of Foreign Affairs

said:

“The charge against the government which it had to be answerable before the
CAS was the result of a reported cases of harassment of leaders of trade
unions and representatives of workers through repressive state legislation, as
well as violation of the rights of trade unions. Trade union activity such as
arranging gatherings with its members was illegalized by the government.
The government showed no respect whatsoever to rights of trade unions”.

It is therefore clear that the government’s approach to the scrutiny of the

ILO supervisory bodies was more hostile rather than conciliatory, following
the government’s confrontation with the ZCTU in practice. The study
participants indicated how the gaps in legislation regulating labour rights
included the violation of Convention No. 98 through not extending the rights
to collective bargaining to the public service sector. The government’s
violation in practice included the violence against trade unionists by state
security agents and a fitting example is how those belonging to trade unions
were arrested during the protest actions that happened on 14 October 2015.

The interviewed Legal Practitioner mentioned that:

The rigidity of the government, its intransigence and refusal to cooperate

largely contributed in souring relations with the ILO supervisory bodies. The
decision of the government in refusing to participate in the recommendations
of the Committee in 2012 and 2014 was ill conceived, and it only showed that
the allegations being made against the government held a large degree of
truth.

The ILO eventually adopted a scrutiny approach towards the government

and this led to the establishment of a Commission of Inquiry in 2013.

49
According to the records from the International Labour Conference,
government’s appearance before the CAS always resulted in the government
discrediting the CAS as a tool being manipulated by the governments of the
West to promote their political interests, particularly as regards the land
reform exercise. From the year since 2013, all attempts of the ILO were futile
in aiming to offer assistance in Zimbabwe’s reforms through the ILO’s
recommendation for a direct contacts mission in order to determine the
actual situation on the ground.

Another interviewee who is an employee of the government from the Ministry

of Foreign Affairs contended that:

“A reason of the government’s refusal to accept the ILO supervisory body’s

recommendation for a direct contacts mission was due to the socio-economic
and political troubles that surrounded the country”.

The interviewed participants from the employers’ representative organisation

which is the EMCOZ and the worker representative organisation which is
the ZCTU held the view that that the Zimbabwean government had willingly
undertaken to disregard the conventions in question. They further
mentioned that the government’s move in disregarding the advice of the CAS
was an intentional attack on the entire system of ILO supervision. They
further revealed that due to the continued grievances from both employers
and workers, Zimbabwe is the only country to have the demands for a
Commission of Inquiry procedure arising from the disgruntlement of both
the workers and employers and this revealed the seriousness of the issue
facing Zimbabwe in its compliance with the ILO supervisory bodies,
including the poor cooperation of government representatives in their
association with the ILO at the International Labour Conferences.

4.5 Implications of government failure to uphold international labour

standards Zimbabwe’s labour market.

50
The second objective of the study was to explore the implications of failure
to comply in upholding international labour standards. The respondents of
the study shared with the researchers what have been the implications of
Zimbabwe’s failure to comply with the ILO supervisory mechanism in
upholding international labour standards. The findings are presented in the
following sub-sections.

4.5.1 Massive outward Labour Migration

The interviewed participants revealed that the effects of Zimbabwe’s failure

in complying with the ILO supervisory system and failing in honoring its
commitments to international labor standards have largely been negative.
The respondents mentioned that the labor market has thus suffered the
outward migration due to the unfavorable market conditions created by the
failure of Zimbabwe in cordially working with the ILO.

An interviewee from the Ministry of Labor mentioned that:

“The government has had a long record of failure in honoring its international
commitments to honor labor rights. This has created skepticism with the ILO
about Zimbabwe’s ability to respect its international commitments. The
recognition by the employees as well as employers about the government’s
abuse of their labor rights has thus been followed by the departure of a lot of
workers to other countries where labor conditions are more favorable”.

Another interviewee from the ZCTU said:

“When the government started attacking trade unions through the arbitrary
arrests of trade union leaders and the use of violence against its members,
this created fear among the people and the result was the fleeing of labour
into other countries. For instance, when the ZCTU president was arrested and
beaten by suspected state agents, there was a huge decrease in trade union
membership and this can only be pointed to the intimidation created by the
state.”

From the above, it is clear that one of the implications of Zimbabwe’s failure
in honoring its commitments to international labor standards has been the

51
outward migration of the local labor market. The emigration of skilled
personnel from the country now significantly constitutes a “brain drain”.
The respondents pointed out that a larger percentage of the emigrating
workforce were escaping the poor labor standards that prevailed in the
country and these poor labor standards include the repression of worker
rights by the government. The outward migration of skilled personnel which
results in brain drain stems from the inadequacy and absence of compelling
legislation that brings government to account for the violations of its
commitments to international labor standards. This therefore explains the
rationale for harmonization of labor law reform process which brings aspects
of incorporating labor rights to policies and prevailing structures.

4.6 Possible solutions

It was also an objective of this study to arrive at possible solutions to the

challenge of Zimbabwe’s compliance challenges with the ILO supervisory
mechanism. The researchers consulted respondents and key informants for
their recommendations on possible solutions to the policy implementation
challenges. The following recurring themes were observed in the
recommendations of study participants.

4.6.1 Harmonization of Labor law reform process

The respondents to the study recommended for a revision of the already

existing Labour Laws by the government to allow for the possibility of a
concerted approach. The interviewees suggested for joint efforts to be made
between government and its social partners in ensuring compliance to the
requirements of the ILO supervisory system. This can be achieved through
bringing together the scattered labour laws.

An employee from the Ministry of Labour said that:

“The activities government was implementing had already started bearing

fruit. Previously, trade unions were being denied the right to assemble and

52
hold gatherings but however a revision and restructuring of labour law has
made it a bit easier for all trade unions to organise their processions
throughout the country”.

Another government official revealed that:

“Government and its social partners must align efforts. According to this
interviewee, the Social Partners have the resources while government has the
constitutional authority hence concerted efforts from the two parties could
possibly result in a desired outcome in promoting trust between government
and its social partners”.

The interviewed legal practitioner also mentioned that:

“The persecution and systematic harassment of trade union leaders could

subside if government and its social partners came together as one since this
would build trust. This means that government will have many strategic
partners, so yes I think a joint effort with social partners would lead to
effective cooperation between government and its social partners.”

A lack of coordinated efforts has been identified as one of the challenges

confronting government’s compliance to the requirements of the ILO
supervisory system. It only follows that staging concerted efforts would pose
as a possible solution. The study participants suggested that government
and its social partners should align efforts in promoting labor rights.
According to the participants, the social partners tend to have an
abundance of resources for specific causes therefore helping overcome the
challenge of resource constraints faced by government. This goes in line
with the view by Meier and Celis (2011), who mention of joint participation
of the government, its social partners, the private sector and international
organizations such as the ILO, to presenting a united, collective strategy to
resolving labor issues.

53
4.6.2 Legislation of the TNF

The respondents also prescribed the setting up of a social dialogue platform

between government and its social partners. This would ensure a platform of
discussion in monitoring government’s compliance to the requirements of
the ILO supervisory system.

A representative of EMCOZ mentioned that:

“The dormancy of the TNF is a hindrance between government and the social
partners in making efforts to improve government’s observance of ILO
conventions. Legislating the TNF would grant it the persuasive and moral
authority to bring relevant players together in programming national activities
that would reconcile the nation and provide a platform for inclusive and
shared policy formulation and implementation”.

Another interviewee from the Ministry of Labour mentioned that:

“Government only needs a binding law requiring it to work in partnership with

its social partners. As it stands, without a negotiation platform, government is
not taking seriously the calls to respect the concerns of its partners. Only in
the establishment of a platform to bring together all the tripartite actors can
real changes start to be noticed”.

The interviewees from the ZCTU expressed reservations on the slow pace
with which government led processes were taking, in particular the
harmonisation and reform of labour laws and legislation of the TNF.

A lack of an open and effective platform of negotiation among the Tripartite

Players has also been identified as one of the challenges confronting the
government in its compliance to the requirements of the ILO supervisory
system. The role of an effective TNF body is critical in the promotion of social
dialogue between government and its partners. Social dialogue is essential
in building trust and cooperation among the Tripartite players since it
encourages negotiation. The rationale behind setting up a TNF is to bring
together the Tripartite forum so that there is negotiation. This would

54
resultantly improve the image of the government before the ILO supervisory
system.

4.7 Summary
This chapter presented the findings of the study on Zimbabwe’s compliance
challenges with the ILO supervisory mechanism. The chapter was presented
in two main sections. The first section detailed the demographic profiles of
the study participants. The second section presented the findings of the
study.

5 CHAPTER 5: CONCLUSIONS AND RECOMMENDATIONS

5.0 Introduction
This chapter outlines the conclusions and recommendations of the study.
The study’s approach was providing an investigative analysis of the
challenges in Zimbabwe’s compliance with the ILO supervisory mechanism,
which is the cause of its failure to uphold ILS. The chapter sets off with a
section on the summary of findings, which are derived from the objectives of
the study. The chapter then prescribes recommendations for effective
government compliance strategy and techniques to requirements of the ILO
supervisory system, as a means to improve the government’s record before
the ILO supervisory system. In the last phase, the chapter then presents the
conclusions drawn from the findings.

5.1 Summary of findings

5.1.1 Government’s adamant approach to the ILO Supervisory System

The research findings reveal that in response to the continuous demands

upon the government of Zimbabwe to appear before the CAS from 2008 to
2018, the government’s posture of response was largely dismissive and
defensive and this only added on and resultantly created more scrutiny from
the ILO supervisory bodies. According to Kombos (2007), during this period,

55
the government seemed convinced that its appearances before the CAS were
purely politically motivated, often referring to the close relationship between
the ZCTU and the MDC party. The government held a strong belief that the
ILO system had some partnership with the opposition MDC party as well as
other Western countries, like the UK and USA which did not share cordial
relations with Zimbabwe. The research findings also revealed that
government held a strong position that the ILO was biased towards the
opposition. The government strongly held this position to such an extent
that the government openly chose not to cooperate and comply with the
proceedings of the CAS in 2012 and 2013 and the government concluded
that the proceedings were politically manipulated.

5.1.2 Strides towards improvement of the government’s record

After a careful consideration of responses from interviews as well as all

information gathered from documentary searches, the researcher realized
that improvements in the relationship between the ILO supervisory bodies
and the government of Zimbabwe began showing positive improvements
from the era of increased participation and political tolerance of the
opposition parties during the formation of the Inclusive Government in
2009. Due to the involvement of the MDC (T) party in key economic and
social ministries, the Inclusive Government successfully managed to change
the ILO’s perception and attitude towards the government. The ILO was now
able to carry out its labour rights investigative work due to a more tolerant
environment that was now ensuing in Zimbabwe due to the involvement of
the opposition MDC (T) party in governance. Although the ruling ZANU (PF)
government had shown great resistance to the ILO Direct Contacts Mission
as well as High Level Assistance missions and in the past, the ILO
successfully carried out a Commission of Inquiry from May to August 2009
in Zimbabwe.

On a progressive and positive note, recommendations of the Commission of

Inquiry were well received by the government in 2010 and the government’s
strategy was that it would the undertake the implementation of these
recommendations in the context of the Government Work Plan which existed
56
at that time, with particular regard to the work of the Organ for National
healing, Reconciliation and Integration. It is noteworthy to mention that the
implementation of the programme in connection to the recommendations of
the Commission of Inquiry is still underway and being pursued by the
government even up to present day.

5.1.3 Impact of Economic, Social and Political factors on government’s

compliance

The researcher also found out that the challenges in compliance that have
faced by the government of Zimbabwe were to a larger extent the result of
the inherent political, social and economic turmoil that bedevilled the
country from the time of the origination of the MDC in 1999 to when the
GPA was signed in 2008. A significant contributing factor was the political
environment that ensued in the government considering the fact that the
ZCTU had played an active role in the formation of the MDC party, with key
individuals in ZCTU’s leadership emerging as the same leaders in the MDC
party.

5.1.3.1 Lack of trust between government and the ZCTU--(POLITICAL

FACTOR)

The documentary search as well as information gathered from the key

informants point to a greater extent to the country’s political, social and
economic poor performance that were present in the country from the period
of 2000 to 2008 as contributing factors to the government’s poor compliance
with ILO supervisory mechanism. The ruling ZANU (PF) party identified the
ZCTU and MDC party as a single unit and this was because the ZCTU
played a vital role in the establishing the MDC party and inevitably this
caused for there to be a blurry distinction of the ZCTU and the MDC party.
The far reaching effect is that the ruling ZANU (PF) party indiscriminately
identified and hence treated the two organisations as one. The use of POSA
against members of the ZCTU was therefore justified by the government
which held a strong position that the ZCTU was operating more and being
driven by hidden political motives. The government’s actions were identified

57
as contradicting its obligations in its mandate to impartially observe
Convention Nos. 87 and 98 in both law and practice, and the government
even failed to give an account as well as to justify its actions before the ILO.
The ILO supervisory bodies were not persuaded by the government’s
position that the ZCTU was serving political interests of the MDC (T) party. It
is also noteworthy to mention that the key informants to the study
expressed the view that the legislative framework, particularly the form
Labour and Public Service Acts contained some provisions that were a
mismatch and inharmonious to the conventions ratified by Zimbabwe.

5.2 Recommendations

In the broader context, the author recommends for the government to

undertake a wilful policy position in order to better its reputation before the
ILO through engaging in a full participation in the work of the supervisory
bodies and also through implementing the recommendations that are
suggested to the government. In a more specific context, the author proffers
some specific recommendations that include;

5.2.1 Raising the Profile of Social Dialogue through the TNF

The government should make continuous efforts to institute reforms that

legislate the TNF which will enable the TNF to make decisions that are
binding. The TNF currently exists as an unlegislated platform for social
dialogue and this has hence limited its jurisdiction on matters that are of an
economic and social importance. To add on to a legalised TNF, establishing
a secretariat that is independent and that has a full-scale commitment to
the proceedings of the TNF is vital in raising the profile for social dialogue.
The current scenario of having the secretariat as an inclusive part of the
government is problematic in the sense that it potentially presents a bias
towards government and also makes the secretariat’s accessibility to social
partners a problem. According to Taderera (2012) the TNF plays a crucial
role in providing assistance to government in honouring ILO conventions
that it ratifies. The setting up of the TNF is in line with the ILO Tripartite

58
Consultation (International Labour Standards) Convention, 1976 (No. 144).
The legislation of a TNF can also be vital in building a more stronger
relationship between the government and its partners who make up the
workers’ and employers’ organisations. This partnership between
government and its social partners would resultantly lead to harmonious
relations with the ILO since the workers’ and employers’ organisations are
mostly the biggest complainants within the ILO system. Additionally, the
interviewee from EMCOZ indicated that the legislation of a TNF can
potentially lead to an improved relationship between government and its
social partners and it can also foster joint national cooperation in resolving
vital social and economic issues.

5.2.2 All Stakeholders’ Participation

The government should aim to continuously capacitate all the stakeholders

that it interacts with as well commit to the pursuit of information sharing
indabas about ILS with vital institutions of the government and key
stakeholders that include the judiciary, the police, the Human Rights
Commission and lastly the Organ for National Healing, Reconciliation and
Integration (ONHRI). The significance of engaging in information sharing
ventures is that information sharing creates and increases greater
understanding on government’s obligations within the obligations that it has
for its ratified conventions and therefore this ensures harmonized
collaborative effort within the government system. It is noteworthy to
mention that it was the administration of POSA as well as the conduct of
law enforcement agents that were largely the cause of violations to ILS
before the ILO institutionalized its CFA. In light of the above mentioned, it is
sensible then to conclude that any efforts to reform the approach in the
management of issues of compliance with regards to the ILO supervisory
system should be broad enough to include even the stakeholders that
normally do not make up the labour market.

59
5.2.3 Transformation of the Government’s Engagement Approach

The government should abandon the perfectionist, defensive and self-

righteous approach that it usually adopts when it engages with the
supervisory system of the ILO. The government is supposed to display an
improved level of trust and cooperation when carrying out the obligations
and fulfilling the expectations of the ILO since it voluntarily decided to join
the membership of the ILO. Additionally, the pacta sunt servanda principle
binds the government of Zimbabwe to act in good faith in honouring the
international conventions that it has ratified as well to implement and adopt
ILO conventions. The author holds a strong view that adopting a non-
confrontational approach to the ILO will inevitably improve the image and
reputation of the government so that the ILO is more optimistic about the
government honouring its commitments as well as values of the ILO. The
author believes that this course of action by the government would
essentially largely improve Zimbabwe’s international image within the ILO.
This would then have the positive ripple effect of facilitating an improved
progress in complying with Conventions Nos. 87 and 98 as well as
complying with several other ratified conventions.

5.2.4 Recommendations for further research

Due to resource and time constraints, the study inadequately exhaustively

explored the issue of Zimbabwe’s compliance challenges to the ILO
supervisory system. The study therefore recommends further research on
the following topics;

 The relationship between the Labour Ministry of Zimbabwe and the

International Labour Organization.
 The effectiveness of NGO interventions in promoting Zimbabwe’s
compliance to International Labour Standards.

5.3 Conclusions

60
It can be concluded that the more significant and underlying forces that
negatively impacted on government’s performance within the supervisory
system of the ILO were the economic, social and political crises experienced
from 2008 to 2022. Although the technical elements relating to the violation
of Convention Nos. 87 and 98 that repeatedly caused the listing of the
government to appear before the CAS were in existence, the core motivating
factor for the violations was to a greater extent perceived as the connection
between political activism by the MDC party labour activism by the ZCTU.
The government has largely faced difficulties in its compliance to the
provisions of ILO Conventions Nos. 87 and 98 both in law and in practice.
As a result of these challenges in compliance, the government was regularly
a subject and target of the relentless scrutiny of the CEACR and the CAS
from 2002 to 2012, leading to the establishment of the Commission of
Inquiry in 2013.

In the final analysis, a conclusion can be made that to a greater extent the
government failed to honour the pacta sunt servanda principle in relation to
its international obligations under Conventions No. 87 and 98. The
government failed to fully honour its international commitment in relation to
these conventions under the weight of social, political and economic crises.
In addition, the Zimbabwean government did not exercise good faith when
interacting with the supervisory bodies of the ILO. This is made evident
through the decision it made to formally disparage the CAS and its refusal
to appear before the CAS with regards to the well-established and
constitutional procedure of the ILO.

5.4 Summary
This chapter presented the conclusions and recommendations of the study.
The chapter began with a section on the summary of findings, which are
outlined along lines of the objectives of the study. The chapter then
prescribed recommendations for effective gender mainstreaming policy
implementation. This section was succeeded by the conclusions drawn from
the findings.

61
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APPENDICES
APPENDIX A

NTERVIEW GUIDE

International Labour Standards and the complexities of the

International Labour Organisation's supervisory system: Compliance
challenges for Zimbabwe.

1. How would you describe the relationship between the ILO supervisory
bodies, the government of Zimbabwe and the social partners?

2. What do you think to have been contributing factors that resulted in the
repeated appearance of the Zimbabwean government before the ILO CAS
from 2002?

 What were/are the compliance gaps/issues?

 What role could the economic, social and political situation of Zimbabwe
played?

67
3. What, in your view, were the major reasons for an appointment of the ILO
Commission of Inquiry by the Governing Body of the ILO in 2013?

 What possible impact could the failure to submit Article 22 report on

Convention No. 98 in 2001 and government’s refusal to appear before the
Conference Committee in 2008 and 2013 have had on the process?

4. What are the possible prospects for an improvement of the Zimbabwean

government’s record before the ILO supervisory bodies going into the future?

 What body of evidence is there to support the view?

 What is the compliance status as measured against the Commission’s

recommendations?

APPENDIX B: CONSENT FORM

DOCUMENTING ZIMBABWE’S COMPLIANCE CHALLENGES TO THE ILO

SUPERVISORY SYSTEM: 2008-2022.

CONSENT TO PARTICIPATE IN THE STUDY

I, __________________________________________________ hereby consent to be a

willing participant in the study titled, “An evaluation of Zimbabwe’s
compliance to international Labor Standards: 2008-2022.” I fully
understand that there will be no direct nor indirect benefits for having
participated in this study and that there also are no risks involved
whatsoever. I fully understand that my participation is voluntary, and I have
the freedom to withdraw from the study at any time if I choose to.

I have been given adequate information and the reasons of my consultation

as an interviewee in this project has been clearly explained to me.

I have been assured that the researcher will by no means identify me by

name if I do not want to.

68
My questions about my participation in this study have been answered to a
satisfactory extent.

Signed: _______________________Date: __________________________

CONSENT TO BEING AUDIO-RECORDED

I hereby give the

researcher permission to record the interview for the study titled: “An
evaluation of Zimbabwe’s compliance to international labor
standards :2008-2022”.

I am aware that anonymity will be ensured.

Signed: _______________________Date: __________________________

69