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Date
: 19/06/2003
Source: Department of Labour
Title: Mdladlana: Response to ILO committee report on
Zimbabwe
STATEMENT BY MINISTER MMS MDLADLANA MINISTER OF LABOUR REPUBLIC OF
SOUTH AFRICA, "REPORT OF THE COMMITTEE ON THE APPLICATION OF
STANDARDS", 19 June 2003
Chairperson, South Africa supports the sentiments raised in the
statement read on behalf of the Non-Aligned Movement by the
representative from Malaysia. We note with great concern the
conclusion reached by the Committee regardless of the immense
efforts and plausible progress made by the Government of Zimbabwe
in addressing issues raised last year.
It is indeed perplexing and bewildering, to say the least, that the
outcome of deliberations of the Committee was in no way influenced
by the convincing report on progress, given by Honourable Minister
Moyo.
During the Committee's deliberations; a brief summary of what the
Honourable Minister placed on the Committee's record may help
amplify my point. According to the Minister, the following set of
events took place:
1. The legislative issues had been adequately addressed by the
Labour Law Amendments Act (No. 17), 2002, of which a copy had been
sent to the office.
2. During the process leading to the compilation of the Bill, the
draft was submitted to the Committee of Experts for examination
with a view to receiving guidance and feedback.
3. The process included the involvement of organised labour and
business with the technical assistance and expertise from the ILO
Swiss project.
4. Special regulations, conforming with Article 2 of the Convention
had been adopted to deal with the protection of workers
organisations against acts of interference by employer
organisations, and vice versa.
5. A new dispute settlement mechanism had been established to deal
with compulsory arbitration in the context of collective
bargaining. This was in response to concerns expressed by the
Committee of Experts.
Mr President, we support the view that the Committee should have
taken note of these legislative changes and allowed the Committee
of Experts to examine these before arriving on the conclusion to
prematurely place Zimbabwe in the special paragraph. It is our view
that with this conclusion, the Committee may have inadvertently,
unwittingly and insidiously been influenced by their understanding
of the political dynamics in Zimbabwe which are not only complex
but do not also fall within the terrain of the committee.
Those who are genuinely concerned about the political situation in
Zimbabwe should take heart in the fact that African leaders in the
region have given the task to normalise the situation to the
Presidents of South Africa, Nigeria and Malawi. The intervention of
these Excellencies is predicated on the premise that the problems
of Zimbabwe will be solved by Zimbabweans themselves and the role
of outsiders is to support the efforts of indigenous people of
Zimbabwe.
We agree with the conclusion that the outstanding work already
started by the ILO/Swiss project to deal with outstanding labour
matters should be encouraged and supported until its logical
conclusion. The placing of Zimbabwe on a special paragraph and the
proposed contact mission seems ill conceived and premature at this
stage.