Trade Unionism On Trial in Zimbabwe
Country remains a dark spot for human and workers rights as Masaraure is persecuted
Obert Masaraure
Rights Reporter
Obert Masaraure, the president of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ) has been arrested more than six times and kidnapped twice by armed men.
His body has scars suffered during beatings by his adductors.
Today, Masaraure, who has other pending cases before the courts, was fined US$200 for a post on social media, X formerly Twitter that authorities say sought to obstruct the course of justice.
ARTUZ has since condemned the ruling as a grave injustice, marking the continued attempt to silence its legitimate advocacy efforts .
Masaraure once talked about his harassment after he was kidnapped in 2019.
"We expect a new cruelty every day in this country," he said.
" They held me for six hours, beat me against my ankles with the butt of an AK-47 assault rifle and beat me all over."
Masaraure said after toppling Robert Mugabe in 2017 in a coup, President Emmerson Mnangagwa had "created a new hell that we never thought possible."
Masaraure's problems stem from his leadership of a teachers' union that is committed to enhancing the working conditions of rural teachers and upholding the right to education.
In a bid by the State to silence him, so much of his time has been consumed fending off trumped up charges.
In January 2019, he was charged with “subverting a constitutionally elected government and inciting public violence after leading a protest against poor conditions of service for teachers.
In February this year, prosecutors withdrew the subversion charges after five years of persecution.
At one time, Masaraure was arrested at Hwedza Police Station while reporting in line with bail conditions imposed in 2019 as police alleged he had violated bail conditions.
After spending five days in remand prison, the court ruled that he had not violated any bail conditions and he was released.
A complaint submitted to the International Labour Organization lays bare his harassment by the government on account of his trade union work.
The harassment appears aimed at sending a message to other trade unionists who stand for workers in the face of democratic backsliding in Zimbabwe.
" Mr. Masaraure and his co-defendants were arrested and charged for participating in trade union protests against the failure to pay and provide basic services to teachers and protests demanding better wages for teachers. The January 2019, August 2019, June 2020, and January 2022 ARTUZ protests (Case A, Case B, Case E, and Case F) were legitimate trade union activities because the protests were organized by ARTUZ to defend the occupational interests of its members to receive better wages and services," reads part of the complaint.
" The protests did not challenge national security or public safety, order, and morals and are aimed at punishing the activity of peaceful demonstration. In criminalizing peaceful protests, the government of Zimbabwe has violated the right to freedom of assembly and demonstration as part of the right to freedom of association. Additionally, there have been no allegations of violence relating to any of these protests that Mr. Masaraure led or participated in."
A fellow trade unionist, Peter Mutasa told Chapter 4 that they were aware that Masaraure is being persecuted for refusing to be "co-opted and captured like other pseudo trade unionists."
He said his numerous arrests and conviction are based on his role as a trade union leader, thus the government is contravening the constitution, labour act and a number of international conventions.
" This makes Zimbabwe remain a dark spot for human and workers rights. This also sends a message to many trade unionists that the government will ruthlessly deal with any trade unionist who will resolutely defend workers rights. The main aim of the government is to recreate a threatened labour movement that will not challenge poor governance and labour injustice," said Mutasa.
" However there will always be resistance by trade unions for as long as the material conditions of workers are bad . Instead of victimizing trade union activists the government must focus on addressing the misery that Zimbabwean workers are facing."
Mutasa said Zimbabwe has been regarded as a pariah state for far too long and the government has a choice to remain in that dark corner or to reform.
" Trade unions are bona fide organizations in any democratic society and must be accorded full rights and protection of the law," he added.
The secretary General of the Zimbabwe Congress of Trade Unions, Japhet Moyo said as trade unions they stick to their motto " an injury to one is an injury to all" in the face of harassment.
The International Trade Union Confederation's 2023 edition of the Global Rights Index says in Zimbabwe,authorities relentlessly persecute and arrest trade union leaders.
It said Zimbabwean workers have also seen their rights to collective bargaining severely reduced.
"Trade union leaders and workers’ rights advocates in Zimbabwe were prosecuted on trumped-up charges and their trials were often beset by a disregard for due process," it said.
"Convicting trade union leaders for exercising their legitimate right to freedom of association constitutes a violation of the principles of freedom of association. Trade union rights lose all meaning in the absence of full respect for those civil liberties enshrined in the Universal Declaration of Human Rights, and in the International Covenant on Civil and Political Rights, particularly concerning the right to freedom and security of the individual, freedom from arbitrary arrest and detention, freedom of opinion and expression, freedom of assembly."