Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/ZIMBABWE.TXU

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TITLE:  ZIMBABWE HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995




Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Although the Government permits local civic and human rights
groups to operate in Zimbabwe, it monitors their activities
closely, in particular the CCJP and ZIMRIGHTS.  Other groups
that promote human rights include the LRF, the Southern African
Federation of the Disabled, and the Southern African Human
Rights Foundation.

The Government permits the International Committee of the Red
Cross (ICRC) to operate a regional office in Harare, and it
cooperates with the UNHCR and the ICRC to assist Mozambican,
South African, and other refugees.  The Government does not
discourage representatives from international human rights
groups from visiting Zimbabwe.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution provides that "every person in Zimbabwe" is
entitled to fundamental rights whatever his race, tribe, place
of origin, political opinions, color, creed, or sex.  However,
the Constitution's section on discrimination does not
specifically refer to the rights of women.

     Women

Since independence the Government has enacted major laws aimed
at enhancing women's rights and countering certain traditional
practices that discriminate against women.  The Legal Age of
Majority Act and the Matrimonial Causes Act recognize the
capacity of women to act independently of their husbands or
fathers to own property.  However, while unmarried women may
own property in their own names, married women (married under
customary not general law) are not allowed to own property
jointly with their husbands.  In an August speech, President
Mugabe labeled joint ownership of property "un-African."
Inheritance laws remain unfavorable to widows, especially urban
black women who were married under customary law.  Although the
Government has circulated a draft inheritance law that would
address the issue of unfair and unequal distribution of
inherited assets, as of year's end no legislative action had
been taken on the draft.  Divorce and maintenance laws are more
favorable toward women, but women generally lack awareness of
their rights under the law.

Many women remain disadvantaged in Zimbabwean society.
Illiteracy, economic dependency, and prevailing social norms
prevent rural women in particular from combating societal
discrimination.  Despite legal prohibitions, women are still
vulnerable to entrenched customary practices.  Among these
persistent practices are "kuzvarira," the practice of pledging
a young woman to marriage with a partner not of her choosing;
"nhaka," the custom of forcing a widow to marry her late
husband's brother; "lobola," the customary obligation of a
groom to pay a bride price to the parents of a would-be wife;
and "ngozi," the customary practice of offering a young girl as
compensatory payment in interfamily disputes.  In August
Parliament criminalized the common practice of refusing to bury
a woman until lobola is paid, equating the crime to extortion.
Many doctors and hospitals routinely require the husband's
consent for women seeking long-term contraception.

Although labor legislation prohibits discrimination in
employment on the basis of gender, women are concentrated in
the lower echelons of the work force and commonly face sexual
harassment in the workplace.

Domestic violence against women, especially wife beating, is
common and crosses all racial and economic lines in Zimbabwe.
Women's groups have noted that every police station in Zimbabwe
has handled at least one case of a woman killed by her
husband.  In 1992, 4,437 official complaints of wife battering
were filed.  The Musasa Project, which specializes in research
and counseling on domestic violence, said cultural attitudes
are changing, and that wife beating is increasingly considered
socially unacceptable.

There were 964 reports of rape (the majority involving girls
under 14) in 1992, the last year for which police statistics
are available.

Several active women's rights groups in Zimbabwe, including
Women in Law in Southern Africa, the Musasa Project, Women in
Law and Development, and the Women's Action Group, concentrate
on improving women's knowledge of their legal rights, economic
empowerment of women, and combating domestic violence.

     Children

The Government enacted the Children's Protection and Adoption
Act, the Guardianship of Minors Act, and the Deceased Person's
Maintenance Act, to protect the legal rights of minor
children.  The criminal justice system has special provisions
for dealing with juveniles, although there is no juvenile
court.  While there is no compulsory education, Zimbabwe has
made considerable progress in providing education for girls,
and overall primary school attendance has increased by more
than 400 percent since independence.  However, with the
reintroduction of school fees in urban schools and rural
secondary schools, enrollment has declined.  Incest, long taboo
in Zimbabwean society, is increasing.  Child abuse, as such,
does not appear to be widespread, although there are increasing
reports of infanticide and child abandonment.

Female genital mutilation (FGM) has been condemned by
international health experts as damaging to both physical and
psychological health, and it is rarely performed in Zimbabwe.
However, according to press reports these initiation rites are
still practiced on young girls by the small Remba ethnic group
and include infibulation, the most extreme form of FGM.

     National/Racial/Ethnic Minorities

The Shona ethnic group comprises 77 percent of the population,
Ndebele 14 percent, Kalanga 5 percent, whites 1 percent, and
other ethnic groups 3 percent.  Government services are
provided on a nondiscriminatory basis, and the Government has
sought to expand and improve the previously "whites only"
infrastructure in urban areas to provide health and social
services to all citizens.  Nevertheless, in social terms,
Zimbabwe remains a racially stratified country despite legal
prohibitions against official discrimination.  While schools
and churches are all integrated, social interaction among
racial groups is still limited.  In 1994 Ndebele leaders
complained that Matabeleland North and South have not received
an adequate share of national development resources for tribal
reasons.  In addition, the disproportionate number of
Shona-speaking teachers and headmasters in Matabeleland schools
remained a sensitive issue.

     People with Disabilities

The Disabled Persons Act of 1992 specifically prohibits
discrimination against people with disabilities in employment,
admission to public places, or provision of services and is
viewed by advocates of the disabled as model legislation.  In
practice, however, the lack of resources for training and
education severely hampers the ability of disabled people to
compete for scarce jobs.  Although the Act stipulates that
access for disabled persons should be provided in government
buildings, few government buildings have been adjusted for the
disabled.  Disabled people face particularly harsh customary
discrimination.  According to traditional belief, people with
disabilities are considered bewitched and reports of
handicapped children being hidden when visitors arrive are
common.  A disability board was appointed by President Mugabe
in 1992 to spearhead equitable distribution of resources to the
disabled but met only twice before the Ministry of Public
Service, Labor and Social Welfare cut off its funding.

Section 6  Worker Rights

     a.  The Right of Association

The Labor Relations Act (LRA) provides private sector workers
freedom of association, the right to elect their own
representatives, publish newsletters, and set programs and
policies which reflect the political and economic interests of
labor.  Workers are free to form or join unions without prior
authorization.  The LRA allows for the existence of multiple
unions per industry, provided that each is registered with the
Ministry of Public Service, Labor and Social Welfare (MPSLSW).
While the Government may deregister individual unions,
Zimbabwe's High Court has ruled that the LRA does not give the
Minister the power to suspend or deregister the national
umbrella labor confederation, the Zimbabwe Congress of Trade
Unions (ZCTU).

Less than 20 percent of the salaried work force belongs to the
35 unions that form the ZCTU.  ZCTU officers are elected by the
delegates of affiliated trade unions at congresses held every 5
years.  While the Government encouraged the ZCTU's formation,
anticipating that it would form the labor arm of ZANU-PF, it no
longer directly influences ZCTU actions.  The Government and
the ZCTU clash on political and economic issues with increasing
frequency as workers feel the effects of the economic
structural adjustment program.  Although the LRA allows for the
formation of multiple national federations, none but the ZCTU
exists.  Almost all unions are affiliated with the ZCTU; some
affiliates, due to internal differences, have withheld their
membership fees and are considered in bad standing.

Public servants and their associations, the Public Service
Association (PSA), the Zimbabwe Teachers Association, and the
Zimbabwe Nurses Association, are not covered by the provisions
of the LRA (according to Section 3 of the Act) since their
conditions of employment are provided for under the
Constitution.  They are thus constitutionally barred from
forming unions, and their associations are likewise forbidden
from affiliating with the ZCTU.

However, all three organizations have signed memorandums of
understanding with the ZCTU to coordinate on areas of mutual
interest, which include reform of the LRA to include the public
sector.  After the passage of the Labor Relations Amendment Act
(LRAA) in 1992, the Government circulated copies of a new Labor
Act drafted by the International Labor Organization (ILO).  The
draft is intended to streamline provisions of the LRA while
extending its coverage to the public sector.  After the third
draft, however, the Government shelved any further movement on
joining the public and private sectors under one LRA.

The LRA specifies that workers may establish independent worker
committees, which exist side by side with unions, in each
plant.  Worker committees must also be registered with the
MPSLSW, which is free to refuse registration.  Trade union
officials and others hold that the existence of worker
committees, which were strengthened by the 1992 amendments,
dilutes union authority.  Nonetheless, the ZCTU grew stronger
in 1994 as it responded to the formation of these committees by
increasing its organizational efforts on the shop floor.  This
strengthened its hand in the 1994 collective bargaining cycle,
and the Government has appeared less inclined to challenge its
authority directly.

The International Conference of Free Trade Unions (ICFTU) has
criticized Zimbabwean labor legislation for giving "wide scope
to the authorities to declare that a given enterprise or
industry constitutes an essential service, and then impose a
ban on it."  Workers in sectors deemed "nonessential" have the
right to strike provided the union advises the Government 2
weeks in advance of its intention to do so (though in practice
this administrative requirement is rarely met).

More strikes and work actions occurred in 1994 than in any
other year since independence.

The ZCTU and its officials are free to associate with
international labor organizations and do so actively.  The ZCTU
is affiliated with the ICFTU and the Southern African Trade
Union Coordinating Council.  The African American Labor Center
maintains a regional office based in Harare.

     b.  The Right to Organize and Bargain Collectively

The LRA provides workers with the right to organize.  As
originally enacted, the Act was silent on the right to bargain
collectively.  However, 1992 amendments permit worker
committees to perform functions normally reserved for trade
unions, e.g., negotiating collective agreements and codes of
conduct.  The worker committees, which are by law not
organically part of the unions or the ZCTU, are empowered to
negotiate with the management of a particular plant the
conditions of labor in the workplace, except for wages.

Wage negotiations take place on an industry-wide basis between
the relevant union and employer organizations sitting on joint
employment boards or councils.  These bodies submit their
agreements to the registrar in the MPSLSW for approval.  The
Government retains the power to veto agreements it believes
would harm the economy.  However, it did not directly involve
itself in labor negotiations unless requested to do so by one
of the two parties.

When no trade union represents a specific sector,
representatives of the organized workers, i.e., the
professional associations, meet with the employer associations,
under the mediation of labor officers from the MPSLSW.  Public
sector wages are determined by the Salary Service Department of
the MPSLSW, subject to the approval of the Public Service
Commission (PSC).  Each year, representatives of the PSC
(employers) and the PSA (employees) hold consultations on wages
and benefits.  These consultations result in a recommendation
which is forwarded to the MPSLSW.  The Minister is not required
by law to accept the recommendation and, in fact, in both 1993
and 1994 granted wage increases significantly lower than
PSC/PSA recommendations.

Employees designated as being in managerial positions are
excluded from union membership and thus from the collective
bargaining process.  The presence of the ZCTU or specific
national unions in individual shop floor negotiations is not
mandated.

The LRA prohibits antiunion discrimination by employers against
union members.  Complaints of such discrimination are referred
to labor relations officers and may subsequently be adjudicated
by the Labor Relations Tribunal (LRT).  Such complaints are
handled under the mechanism for resolving cases involving
"unfair labor practices."  The determining authority may direct
that workers fired due to antiunion discrimination should be
reinstated, though this has yet to be tested in practice.

The LRAA streamlined the procedure for adjudicating disputes by
strengthening the LRT.  Now, labor relations officers hear a
dispute; their decision may be appealed to regional labor
relations officers, at which point the LRT may hear the case.
Ultimately, it may be appealed to the Supreme Court.  In 1993
the Government filled long vacant positions on the LRT, but at
present the LRT boards are still not fully staffed and face a
substantial backlog.

Parliament passed the Export Processing Zones Act in October.
The Act provides that the LRA shall not apply to workers in
export processing zones.  The ZCTU protested this provision to
President Mugabe, who promised to investigate.  At year's end,
no export processing zones had been established.

     c.  Prohibition of Forced or Compulsory Labor

Compulsory labor is prohibited by law, and there are no reports
that it is practiced.

     d.  Minimum Age for Employment of Children

Zimbabwean law affords little protection to working children.
There is no specific legal prohibition of child labor; the LRA
only states that contracts of employment shall not be
enforceable against any person under the age of 16.  While
child labor is most prevalent in the agricultural sector, an
increasing number of children can be found working in the urban
informal sector.  There have also been reports of children
mining chromium, tin, or gold, either for independent operators
or through subcontractors.  In the manufacturing sector,
minimum age requirements are generally enforced by the MPSLSW.
Recent ILO investigations to review progress in this area
indicated that these conditions still hold true.

     e.  Acceptable Conditions of Work

The maximum legal workweek is 54 hours, and the law prescribes
a minimum of one 24-hour rest period per week.  Working
conditions are regulated by the Government according to
industry.  The Constitution empowers the PSC to set conditions
of employment in the public sector.  Government regulations for
each of the 22 industrial sectors specify minimum wages, hours,
holidays, and required safety measures.

In recent years, as part of its effort to opt out of the wage
bargaining system, the Government mandated wage parameters and
specified minimum wage increases only for domestics and
gardeners.  Due to an ineffective monitoring system, however,
many such workers are remunerated below the minimum wage.

The minimum monthly wage for domestics and gardeners of $25
(Z$202.41) is the de facto minimum wage for Zimbabwe.  The
employer often provides housing and food to workers or
allowances for such.  On commercial farms, the employer may
provide schooling for workers' children.  The minimum wage is
not sufficient to sustain a decent standard of living, and
workers in those sectors covered under collective bargaining
agreements received 1994 wage increases averaging only
two-thirds of the 25-percent inflation rate.  Minimum monthly
wage rates for 1994 ranged from $30 (Z$241.50) in the
agricultural sector to $62 to 75 (Z$500 - Z$600) in the various
manufacturing sectors.  In theory, labor relations officers
from the MPSLSW are assigned to monitor developments in each
plant to assure that government minimum wage policy and
occupational health and safety regulations are observed.

Safety in the workplace is a continuing problem, exacerbated by
an inadequate number of government safety inspectors.
Furthermore, many of the basic legal protections do not apply
to the vast majority of farm, mine, and domestic workers.
Unions charge that there are no general standards for the work
environment, such as threshold limits for manually lifted
weights or conditions for pregnant workers.  Health and safety
standards are determined only on an industry-specific basis.
The Government intervenes on a selected basis (and often
seemingly in response to the most recent accident) and sets
standards by regulation in some industries.  In theory, workers
have a legal right to remove themselves from dangerous work
situations without jeopardy to continued employment;  in
practice, they risk the loss of their livelihood.