Zimbabwe - former workers of telecommunications company beaten by police

Case ZWE 031105

Ill-treatment

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Zimbabwe.

Brief Description of the Situation

The International Secretariat of OMCT has been informed by a reliable source that about 70 former workers of the telecommunications company (Tel One) were beaten by the police, after being taken to Harare Central Police Station, under false pretences, following a peaceful demonstration as a result of their unfair dismissal, on Monday 30th October 2005.

According to the information received, over 1 254 workers represented by the Communications and Allied Services Workers Union (CAWUZ) a trade union duly registered in accordance with the laws of Zimbabwe to represent the interests of workers in communications and related industries were fired without benefits by management of the government operated telecommunications company (Tel One) after engaging in a strike over a salary dispute on the 6th of October 2004. The employers had refused and /or failed to implement the recommendations of an independent arbitrator to increase the salaries of the workers at the recommendation of the Labour Court.

After having pursued all relevant avenues to settle the matter amicably, the workers then resorted to collective job action. The workers, through their representation, complied with the requirements under the Labour Act to give proper notice of intention to embark on action. All attempts to stop the action as unlawful and illegal by management were successfully challenged by the workers union in court. The management of Tel One, having tried in vain to successfully challenge the job action, resorted to dismissing all the workers on the basis that they had violated the code of conduct. The workers then appealed to the High Court, which in their favour on the 26th of October, stating that the employers could not dismiss them as a code of conduct does not override the authority of Acts of Parliament, but merely regulates the employer and employee relationship. This effectively meant that the dismissals were improper and a nullity at law.

On Monday 30th of October 2005, armed with the decision of the High Court, 300 workers proceeded to the offices of their employers with a view to resuming work as the court had ruled that they had been improperly dismissed and had to be reinstated effectively. They were met with resistance at their usual work premises. In protest of the failure by their employees to meet, discuss and respect the court order, the workers resorted to a peaceful and non violent night vigil at the premises of their employers.

Around 2200hrs, one Inspector Moyo of the Zimbabwe Republic Police in the company of Mr. Chikwaya, a senior security manager with Tel One, came to address the workers, whose numbers by now had reduced to about 72 as other had sought shelter in the nearby buildings and passage ways . Inspector Moyo and Mr. Chikwaya misled the workers into believing that the management was prepared to discuss issues with them at Harare Central Police Station. They protested against the idea of going to police at such hours but were then force-marched to Harare Central Police Station.

Upon arrival at around 0230hrs, the workers established that management of Tel One were nowhere near the police station; neither were they prepared to enter into meaningful discussions. Meanwhile Inspector Moyo and his team, quietly summoned the anti riot police to come to the gathering at the police station. When the riot police arrived around 0300hrs they immediately switched off the lights in the area of the police station housing the workers and indiscriminately started beating the workers. The anti riot police used batons sticks and booted feet to beat these defenceless workers. About 16 of them were treated for various injuries and one was treated for a head injury.

Action Requested

Please write a letter to the authorities in Zimbabwe urging them to:
i. Immediately guarantee the physical and psychological integrity of these persons;
ii. Order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Ensure respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Nicholas Goche Minister of Labour Social Welfare, Harare Fax 263 4-794 560
  
• Mr. Augustine Chihuri Commissioner of Police, Police Headquarters Harare Fax 263 -4 253 212
  
• Mr. Khembo Mohadi, Minister of Home Affairs, Ministry of Home Affairs, Harare, Zimbabwe, Fax: + 263 4 726 716
  
• Mr. Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary Affairs, Fax: + 263 4 77 29 99

Please also write to the embassies of Zimbabwe in your respective country.

Geneva, November 3, 2005

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.