Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Zambia Federation of Employers (ZFE) transmitted with the Government’s report.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation 

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Discrimination based on national extraction. Legislation. The Committee recalls that, although the ground of “national extraction” is not expressly referred to in section 5 of the Employment Code Act, 2019 (which prohibits direct and indirect discrimination against an employee or a prospective employee on the following grounds: “colour, nationality, tribe or place of origin, language, race, social origin, religion, belief, conscience, political or other opinion, sex, gender, pregnancy, marital status, ethnicity, family responsibility, disability, status, health, culture or economic grounds), it appears to be covered by the grounds of “tribe”, “ethnicity” and “place of origin”. Consequently, the Committee requested the Government to provide information on the application in practice of section 5 of the Employment Code Act, in particular examples of cases of discrimination based on the grounds of “tribe”, “ethnicity” or “place of origin”, with a view to allowing the Committee to ascertain the scope of these grounds in practice. The Committee notes the Government’s information, in its report, that there have been no complaints concerning discrimination filed under the Employment Code Act during the period under review. The Committee requests the Government to report on any cases of discrimination beyond the ambit of the Employment Code Act based on the grounds of “tribe”, “ethnicity” or “place of origin”, including any decision of the Constitutional Court in this regard.

Article 4. Security of the State. The Committee recalls that according to section 5(3)(d) of the Employment Code Act, 2019, it is not discriminatory to restrict access to limited categories of employment where it is necessary in the interest of state security. It notes the Government’s indication that the Defence Force, the Zambia Police and the Department of Immigration only employ nationals, due to the sensitivity of the institutions concerned, and that policies on recruitment have been elaborated to provide the necessary guidelines on the matter. The Committee requests the Government to provide examples of the policies issued to provide guidelines on restrictions to employment due to State security reasons.

Article 5. Special measures. The Committee requests the Government to provide information on any affirmative action measure adopted pursuant to section 5(3) of the Employment Code Act, 2019, besides the employment quotas for persons with disabilities recalled above.

Articles 1 to 3. National policy for equality of opportunity and treatment irrespective of race, colour and national extraction. San and Khoe peoples. The Committee previously noted that the San and Khoe peoples face barriers to access their ancestral lands, education, and employment. In that regard, it stressed that, ensuring that indigenous peoples have access to land and resources to allow them to engage in their traditional occupations and access employment without discrimination should be part of the objectives of a national policy on equality. The Committee recalls that, although discrimination on the grounds of race, colour and national extraction is generally prohibited in most countries, in practice far fewer countries have adopted proactive and comprehensive measures aimed at promoting substantive equality in respect of these grounds. Consequently, it wishes to underline that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction. This should also encompass measures aimed at addressing the challenges faced by these peoples in seeking to engage in the occupation of their choice because of discrimination, in law and practice, including unsecure land tenure and biased approaches towards the traditional occupations engaged in by certain ethnic groups (2018 General Observation). The Committee again requests the Government to provide information on the measures adopted to ensure that the San and Khoe peoples enjoy equality of opportunity and treatment in respect of employment and occupation, such as for example, any measures adopted to tackle the barriers these peoples may face in exercising their traditional occupation without discrimination. Please also specify if any affirmative action is implemented in favour of the San and Khoe peoples under section 5(3) of the Employment Code Act, 2019 and under the Citizens Economic Empowerment Act, 2006. The Committee also encourages the Government to periodically assess the situation in employment and occupation of the San and Khoe peoples and the discrimination faced by them, in order to inform the formulation and evaluation of appropriate measures, in consultation, wherever possible, with the interested groups.

Equality of opportunity and treatment irrespective of disability. The Government informs the Committee that it is working to ensure equality of opportunity and treatment for persons with disabilities by providing skills training through the National Vocational Rehabilitation Centre and the Technical Education Vocational and Entrepreneurship Training Authority (TEVETA). The Committee notes that: (1) TEVETA has also developed guidelines aimed at making vocational training more accessible and inclusive for people with disabilities. These guidelines focus on accessible curricula, removal of various barriers, support with job placement, provision of assistive devices, and fostering an inclusive work environment; (2) the Citizens Economic Empowerment Commission (CEEC) supports marginalized groups, including persons with disabilities, through business loans, though only 1 per cent of loans from 2022 to 2024 were awarded to this group; (3) Section 39 of the Persons with Disabilities Act allows for employment quotas in both the public and private sectors, and the Ministry of Education hired hundreds of teachers with disabilities in 2022 and 2023. The Government is currently in discussions to implement these quotas more broadly; and (4) according to the 2023 Labour Force Survey, 22,200 persons with disabilities were employed, with most working in service, sales, agriculture, and retail sectors. There have been no official complaints of employment discrimination based on disability under relevant laws. The Committee welcomes the Government’s efforts. However, it observes that the United Nations Committee on the Rights of Persons with Disabilities (UNRPD) has expressed concern over ongoing employment barriers, including low education levels, insufficient training, workplace discrimination, and lack of accommodations (CRPD/C/ZMB/CO/1, 29 April 2024, para. 53).The Committee requests the Government to report on: (i) the adoption of statutory instruments setting an employment quota for persons with disabilities in the public and private sectors; (ii) the impact of the measures adopted to promote education, vocational training and employment of persons with disabilities; and (iii) any cases of discrimination based on disability dealt with by the labour inspectorate, the courts or any other competent authorities and the sanctions imposed, under section the Persons with Disability Act.

Equality of opportunity and treatment irrespective of sex. The Committee notes that the National Gender Policy was revised in 2023, after consultations with social partners and relevant stakeholders. It also notes that the Policy sets out, among other things, to: (1) eliminate all forms of gender-based violence; (2) increase women’s participation in employment; (3) increase participation of women in science and technology, transport and infrastructure development; and (4) reduce gender disparities in access to education. The Policy acknowledges some achievements realized under the previous policy framework, such as the increase in the completion rates of girls at both primary and secondary levels of education, reduction in child marriages, increased awareness on gender matters, and increased participation of women in key decision-making positions, while also pointing to persisting challenges, including low access to productive resources and participation in economic activities, gender-based violence and patriarchal tendencies, cultural and social norms contributing to maintaining power imbalances between men and women. The Committee also notes from the 2023 report of the Voluntary National Review of the Republic of Zambia on the implementation and progress towards the 2030 Agenda on Sustainable Development, that, in 2021, women spent 56.5 per cent of their day on unpaid domestic service work, while men spent 28.6 per cent of their time in a day on unpaid domestic and care work.

The Committee notes the information provided on the Girls Education and Women’s Empowerment and Livelihoods (GEWEL) project, including the Supporting Women´s Livelihoods (SWL) and the Social Cash Transfer components, as well as the Gender Based Violence (GBV) responsive Grievance Redress Mechanism (GRM) which covers all the implementing districts of SWL and SCT. Concerning statistical information, the Government indicates that men’s participation in employment stands at 59.9 per cent, while that of women stands at 40.1 per cent, with women being mainly employed in wholesale and retail trade sectors (35 per cent) and men in the agriculture sector (28.2 per cent).

The Committee requests the Government to provide information, including statistics, on: (i) the evaluation of the results achieved through the GEWEL project in terms of enhanced equality of opportunity and treatment for women in employment and occupation, beyond information on the number of the beneficiaries reached; (ii) the impact of the measures adopted under the 2023 National Gender Policy on ensuring equality of opportunity and treatment between men and women in respect of employment and occupation and addressing gender segregation in the labour market; and (iii) the participation of men and women in education, training, employment and occupation, if possible disaggregated by sector and occupational category, including decision-making positions.

Sexual harassment. Concerning the application of the Disciplinary Code and Procedures for Handling Offences in the Public Service and Local Government Service, the Government confirms that sexual harassment by third party (such as customers, suppliers, contractors, delivery workers, patients, etc.) encountered in connection with performance of work is not covered in the Disciplinary Code. However, it indicates that supervising officers can use their discretion to address these cases in accordance with the spirit of the Disciplinary Code. The Committee further notes the Government’s reference to section 95 of the Employment Code Act imposing on employers the duty to put into place a harassment policy, a disciplinary code as well as disciplinary and grievance procedures. The employer who fails to comply with this provision is liable to an administrative penalty under the Office of the Labour Commissioner. The Committee recalls that employers have an overall responsibility for protecting their employees from sexual harassment in the workplace, including from third parties. The Committee requests the Government to provide: (i) examples of the sanctions imposed and the remedies provided to the victims under the Disciplinary Code applicable to the public service and local government service, including in cases relating to sexual harassment by third parties in the performance of work; and (ii) information on the application in practice of section 95 of the Employment Code Act (e.g. number of establishments and their field of activity that have put into place the harassment policy, a disciplinary code and the related disciplinary and grievance procedures, the scope of protection accorded and the remedies provided to the victims, as well as the number of employers sanctioned for failure to comply with this section).

Scope. Public service. The Government reports that it has been implementing policies that aim at attaining gender balance in most senior level administrations which include the Public Service Recruitment Guidelines and the Parliamentary Standing Orders. The Committee notes from the statistics provided by the Government that women represent 48 per cent of workers in the public sector and account for 42 per cent of managerial positions. The Committee requests the Government to continue to provide statistics on the distribution of men and women in the public service, disaggregated by grade and level of responsibility.

Convention No. 100 – Principle of e qual r emuneration for men and women for work of equal value 

Articles 1 to 4. Gender Pay Gap. The Committee takes note of the Government’s indication that it is fostering a culture of transparency by openly sharing information about pay scales and compensation policies in the public service and it is monitoring and addressing gender pay gaps. It further notes, from the statistical information provided that, in 2023, women’s average monthly earnings was 4,647 ZMB against 5,604 ZMB for men. The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation. The Committee refers, in this regard, to its comments above on Convention No. 111. The Committee requests the Government to provide information on: (i) the outcome of the monitoring of gender pay gaps undertaken in the public service; and (ii) any similar initiatives promoted in the private sector, including those undertaken in collaboration with the social partners. Please also continue to provide statistical information on the earnings of men and women in all sectors and occupations.

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Definition. The Committee previously noted that section 3 of the Employment Code Act, No. 3 of 2019, defines wage as “the pay, remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by a contract of employment which are payable by an employer to an employee for work done or to be done or for services rendered or to be rendered”. It thus considered that it was unclear whether the principle of equal wage for work of equal value enshrined in section 5 (4) of the Employment Code Act also applies to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee notes the Government’s clarification that section 5(4) also applies to such additional emoluments, which addresses its previous request.

Article 2. Collective Bargaining. The Committee notes the Government’s indication that all the collective agreements for the health, mining, financial, security service, building and engineering sectors promote equal pay for work of equal ‘value’. After collective agreements are signed by the parties, they are submitted to the Ministry of Labour and Social Security for approval by the Minister and registration by the Labour Commissioner. Once this is done, the trade unions take up the responsibility of sensitizing their members on the approved collective agreements.

The Committee requests the Government to provide some copies of collective agreements that promote equal pay for work of equal ‘value’.

Article 3. Objective job evaluation methods. The Committee previously noted that the document entitled “method and criteria used to evaluate demands of specific jobs to cater for the principle of work of equal value in the public service” of May 2021, refers to “equal pay for equal work” explaining that “personnel in job positions with similar job content would be remunerated comparably”, which is narrower than the principle of the Convention as well as the notion of work of equal “value”, as defined in section 31 of the Gender Equity and Equality Act (2015). The Committee notes the information provided by the Government concerning a range of measures put into place to ensure coverage of work that is of different nature but of equal “value”, including the universal application of compensable factors, inclusive evaluation panels, employee sensitization, and opportunity for feedback and appeals on the preliminary job evaluation report. The Government also indicates that several appeals have been filed concerning the results of the job evaluations, alleging, among others, positions being underscored and levels of responsibility being higher than evaluated. The Government acknowledges that many appeals were based on personal qualifications or individual circumstances rather than the demands of the job itself. The Committee also notes with interest that, in order to promote the principle of the Convention, the Government undertakes regular audits and assessments of current pay structures across different sectors; involves independent bodies to provide objective analysis and recommendations; implements standardized pay scales that reflect the value of roles and responsibilities across various sectors. Welcoming these measures, the Committee requests the Government to continue to provide information on the implementation and promotion of objective job evaluation methods in particular in the private sector.

Conventions Nos 100 and 111 – Application in practice

Enforcement. The Committee notes the Government’s acknowledgment that, despite the adoption of the Gender Equity and Equality Act (2015), the Gender Equity and Equality Commission has not been established yet. It also takes note of the information provided by the Government on judicial decisions related to the general application of the principle of non-discrimination. The Committee welcomes ZFE’s indication that, during the period under review, it organized several workshops to train employers, providing them with practical scenarios and actual case law on discrimination and its consequences. The Committee requests the Government to continue to provide information on cases involving the application of the principles enshrined in Conventions Nos 100 and 111 addressed by the competent authorities. In that regard, it reiterates its request for information on any measures adopted to enhance the capacity of enforcement authorities, as well as the social partners, to identify, prevent and address cases of discrimination in employment and occupation and of unequal remuneration for work of equal “value”. Please provide information on the final establishment of the Gender Equity and Equality Commission and also include information on any awareness-raising activities that have been undertaken concerning the provisions of the Employment Code Act (2019) on discrimination and the beneficiaries of these activities.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual Harassment. The Committee previously requested the Government: (1) to provide information on the practical application of sections 39 and 40 of the Gender Equity and Equality Act, 2015 concerning sexual harassment; and (2) to supply a copy of the relevant clauses of the Public Service Disciplinary Code defining sexual harassment and discrimination. The Committee notes the Government’s indication in its report that awareness-raising about sexual harassment is included in the induction trainings offered to newly recruited employees in the public service who also receive a copy of the Disciplinary Code and Procedures for Handing Offences in the Public Service and Local Government Service. The Committee notes that the Disciplinary Code defines sexual harassment as encompassing seductive sexual advances, such as unsolicited sexual comments, indecent assault, looks, suggestions, physical contact or other gestures of a sexual nature which one finds objectionable or offensive or which cause discomfort in one’s job or interferes with work performance or a conducive work environment; sexual bribery, i.e. soliciting, or attempting to solicit and/or offering sexual activities for a reward; sexual threat or coercion; sexual imposition; rape; and sexual relationship with a learner or a pupil. The Committee notes that the Disciplinary Code does not cover sexual harassment by clients or other persons met in connection with performance of work duties, in addition to employers, supervisors and co-workers and refers to its general observation of 2012 on this point. The Committee requests the Government to provide information on the application in practice of the Disciplinary Code, including the sanctions imposed and the remedies provided to the victims, and how it is ensured that sexual harassment by persons encountered in connection with the performance of work duties is also prevented and addressed. The Committee also once again requests the Government to provide information on the application of sections 39 and 40 of the Gender Equity and Equality Act, 2015, including information on the policy and procedures adopted to establish and regulate disciplinary and grievance procedures, and their impact on preventing and addressing cases of sexual harassment in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination. Disability. In the absence of response to its previous comments, the Committee once again requests the Government to provide information on:

• (i) the application in practice of section 35(2) and (3) of the Persons with Disabilities Act, 2012, prohibiting discrimination in employment on the ground of disability and providing for the adoption of measures to ensure the creation of an open, inclusive and accessible labour market and work environment for workers with disabilities, and section 31(3) of the Gender Equity and Equality Act prohibiting discrimination in employment against women on the ground of disability, including information on any case of discrimination based on disability dealt with by the labour inspectorate, the courts or any other competent authorities and the sanctions imposed;
• (ii) the measures taken to promote vocational training and education, as well as the employment of persons with disabilities, including in the framework of the Citizens Economic Empowerment Commission, the Promoting Rights and Opportunities for People with Disabilities in Employment through Legislation (PROPEL) action plan and the Zambia Business and Disability Network, and the results achieved; and
• (iii) any progress made in the adoption of statutory instruments setting an employment quota for persons with disabilities in the public and private sectors, as provided for in section 39 of the Persons with Disabilities Act, and updated statistical information on the employment rates of workers with disabilities, disaggregated by sex, occupation and work environment (a segregated work environment or the open labour market).

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee previously requested the Government to continue to provide information on the specific measures taken, in the framework of the revised National Gender Equality Policy or otherwise, to improve access to education and reduce school drop-out rates of girls and promote broader participation of women in vocational training courses (other than those traditionally dominated by women), as well as to enhance women’s economic empowerment and access to decision-making positions, and their impact in improving equality of opportunity and treatment between men and women in employment and occupation and in addressing gender segregation in the labour market; including updated statistical information. The Committee notes from the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report) that under the Girls Education and Women’s Empowerment and Livelihoods (GEWEL) project a number of measures have been adopted to promote greater’ access and retention of girls in school, including the re-entry policy for girls to give them the opportunity to return to school after giving birth; lower admission points for girls entering tertiary institutions in Science Technology Engineering and Mathematics (STEM), and the payment of schools fees for vulnerable girls. The Committee notes that overall the GEWEL project aims to increase access to secondary education for 25,000 girls in extremely poor households and to support 75,000 women in life and business skills. The Committee further notes from the same source that under the Citizens Economic Empowerment Act, 2006, funds are allocated to support women’s cooperatives through grants aimed at increasing productivity, including by providing agricultural equipment. Similarly, the Agricultural Development and Value Chain Enhancement (ADVANCE) Project seeks to enhance the agricultural productivity of women and value chains for agro-products. The Committee requests the Government to provide information on the results achieved through the ADVANCE and GEWEL projects in terms of enhanced equality of opportunity and treatment of women in employment and occupation. Noting the absence of responses to its previous requests, the Committee once again asks the Government to provide: (i) information on the implementation of the revised National Gender Equality Policy, its results in improving equality of opportunity and treatment for men and women in employment and occupation and in addressing gender segregation in the labour market, and any difficulties encountered; and (ii) updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by sector and occupational category, including decision-making positions.

Public service. The Committee reiterates its request for information on the following points: (i) the specific measures taken to improve equality of opportunity and treatment for men and women in employment and occupation in the public sector, including by promoting women’s access to all public institutions, especially in decision-making positions, and the results achieved; and (ii) statistics on the distribution of men and women in the public service, disaggregated by grade and level of responsibility.

Equality of opportunity and treatment irrespective of race, colour and national extraction. San and Khoe peoples. The Committee notes from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that the San and Khoe peoples suffer from “high rates of poverty in a challenging economic and social environment”. It notes that the CERD expressed concern at the fact that “the San and Khoe peoples do not have access to their ancestral lands, education, housing, employment, health care and political participation and representation” (CERD/C/ZMB/CO/17-19, 3 July 2019, paragraph 25). The Committee asks the Government to provide information on the obstacles encountered by the San and Khoe peoples in accessing and carrying out wage work and in accessing the various occupations without discrimination, the measures adopted to ensure that they enjoy equality of opportunity and treatment in respect of employment and occupation, including their traditional occupations, and the impact of these measures on promoting the principles of the Convention.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. The Committee notes that according to section 5(3)(d) of the Employment Code Act, 2019, it is not discriminatory to restrict access to limited categories of employment where it is necessary in the interest of state security. The Committee recalls that, all measures of state security should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention and that the persons concerned shall have the right to appeal to a competent body, which should be separate from the administrative or governmental authority and should offer a guarantee of objectivity and independence (General Survey on the fundamental Conventions, 2012, paragraphs 834–35). In light of the above, the Committee requests the Government to provide examples of the application of section 5(3)(d) of the Employment Code Act, 2019, and to indicate how it is ensured that the restrictions adopted comply with Article 4 and do not constitute discrimination under Article 1 of the Convention.

Article 5(2). Special measures of assistance. In its previous comments, the Committee requested the Government to continue providing information on the empowerment services delivered under the Citizens Economic Empowerment Act, 2006, to targeted citizens, including those who are disadvantaged due to race, educational background, disability and status, including HIV status, to ensure their access to economic resources, as well as the results achieved. The Committee notes that section 5(3) of the Employment Code Act, 2019, provides for the adoption of affirmative action measures to promote equality and eliminate discrimination at the workplace. The Committee requests the Government to provide information on any affirmative action measure adopted pursuant to section 5(3) of the Employment Code Act, 2019.

Enforcement. The Committee previously requested the Government to provide information on any activities undertaken to raise public awareness of the Gender Equity and Equality Commission and other procedures now available at the local level, as well as on the progress made in the establishment of Human Rights Commission (HRC) offices in provinces and districts; and on any cases of discrimination dealt with by the labour inspectorate, the HRC, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted. The Committee notes the Government’s indication that no judicial decision has been handed down concerning the application of the Convention. The Committee notes from the concluding observations of CERD that there have been alleged cases of racial discrimination against Zambian workers, in particular those working on large commercial farms and in mines owned by expatriates. However, no complaints of racial discrimination were brought before domestic courts between 2007 and 2017, while only one complaint was reported to the Zambian Human Rights Commission and six complaints were lodged with the Ministry of Labour and Social Security (CERD/C/ZMB/CO/17-19, paragraph 15). The Committee also notes from the Annual Report of the National Human Rights Commission that 16 cases of discrimination were received in 2019. The Committee further notes that under section 10 the Employment Code Act, 2019, the Labour Commissioner is charged, among others, with carrying out any examination, test or inquiry that the Labour Commissioner considers necessary in order to determine if the provisions of the Act are being complied with; and interview, whether alone or in the presence of a witness, an employer or employee on any matter concerning the application of a provision of the Act. Where the Labour Commissioner has reason to believe that a provision of the Act is likely to be or has been contravened, the Labour Commissioner may issue a written notice specifying the contravention and the preventive or remedial measure to be taken within a specified period. In light of the above, the Committee requests the Government to provide information on: (i) any measures adopted to enhance the capacity of enforcement authorities, as well as the social partners, to identify, prevent and address cases of discrimination; (ii) any contraventions detected by the Labour Commissioner concerning violations of section 5 of the Employment Code Act, 2019, and any preventive or remedial measures adopted as a result; and (iii) any cases of discrimination dealt with by the labour inspectorate, the Human Rights Commission, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value by collective agreements. Further to the Committee’s request for information on the application of the principle of the Convention by collective agreement, the Government indicates that the Zambia National Union of Health and Allied Workers, as an affiliate union of the Zambia Congress of Trade Unions, works in consultation with Government and employers through the Tripartite Consultative Labour Council to ensure that issues related to “equal pay for work of equal value” are included and addressed in social dialogue. The Committee requests the Government to provide information on the achievements of the Tripartite Consultative Labour Council with regard to the advancement of the principle of the Convention, including examples of collective agreements that provide for equal remuneration for men and women for work of equal value. It also reiterates its request for information on the following points: (i) the examination process concerning collective agreements previously referred to by the Government, the methods and criteria used for the assessment, as well as any specific activities undertaken, in collaboration with employers’ and workers’ organizations, regarding the issue of wage disparities between men and women and how they can be reduced; and (ii) the distribution of men and women in the different grades and wage scales provided for in collective agreements, including in those concluded in the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector.

Enforcement. Previously, the Committee requested the Government: (1) to take appropriate measures to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, including the establishment of the Gender Equity and Equality Commission under the Gender Equity and Equality Act, 2015; (2) to provide information on any activities undertaken in this regard; and (3) to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard. The Committee notes the information provided by the Government according to which to date there have been no judicial decisions concerning the application of the principle of the Convention. The Committee also notes that the Employment Code Act, 2019, provides for the appointment of the Labour Commissioner which, pursuant to section 10 of the Act, may, among other things, enter by day any premises in order to carry out any examination, test or inquiry that the Labour Commissioner considers necessary in order to determine if the provisions of the Act are being complied with; and interview, whether alone or in the presence of a witness, an employer or employee on any matter concerning the application of a provision of the Act. Where the Labour Commissioner has reason to believe that a provision of the Act is likely to be or has been contravened, the Labour Commissioner may issue a written notice specifying the contravention and the preventative or remedial measure to be undertaken within a specified period. The Committee requests the Government to provide information on the contraventions detected by the Labour Commissioner concerning violations of section 5(4) of the Employment Code Act, 2019, providing for “equal wages for work of equal value”, and on any preventive or remedial measures adopted as a result. The Committee also requests the Government to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard. In this regard, it encourages the Government to take the necessary measures to strengthen the capacity of enforcement authorities, as well as of social partners, to identify and address cases entailing the violation of the principle of the Convention, including awareness-raising campaigns and tailored training programmes. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Protection of workers against discrimination. Legislation. In its previous observation, the Committee noted that the Employment Amendment Act of 2015 (“Act of 2015”) and the Constitution of Zambia (Amendment) Act, 2016 do not refer to the grounds of “national extraction” and “social origin” set out in Article 1(1)(a) of the Convention. It also noted that the Act of 2015 only refers to discrimination in case of termination of employment under section 36(3). The Committee therefore requested the Government: (1) to provide updated information on the practical application of section 36(3) of the Employment Act, including a copy of any court decisions on cases where dismissal was based on prohibited grounds, more particularly on the ground of “social status” in order to enable the Committee to assess its meaning in practice; and (2) to strengthen its efforts to give full legislative expression to the principle of the Convention by defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation with respect to all the grounds set out in Article 1(1)(a) of the Convention and to provide information on any progress made in this regard. The Committee notes with satisfaction that the Employment Code Act, adopted in 2019, at section 5, prohibits direct and indirect discrimination against an employee or a prospective employee “in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment”. Section 5(2) of the Act lists the following grounds of prohibited discrimination: “colour, nationality, tribe or place of origin, language, race, social origin, religion, belief, conscience, political or other opinion, sex, gender, pregnancy, marital status, ethnicity, family responsibility, disability, status, health, culture or economic grounds”. Although national extraction is not expressly referred to, it appears to be covered by the grounds of “tribe or place of origin”. The Committee also notes that section 5(5) provides that a person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty unit. Following the adoption of the Employment Code Act, 2019, the Employment Act Cap 268 of the laws of Zambia, and its Amendment of 2015, were repealed. Welcoming this legislative development, the Committee requests the Government to provide information on the application in practice of the provisions of Employment Code Act, 2019, regarding discrimination, including the number and type of offences for which fines have been applied pursuant to section 5(5) of the Act, and examples of cases of discrimination based on the grounds of “tribe or place of origin” which have been addressed under the Act, with a view to allowing the Committee to ascertain the scope of these grounds in practice.

Articles 2 and 3. National equality policy. The Committee notes the Government’s information about the development of a national policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to provide information on any developments concerning the formulation and adoption of the national equality policy and encourages it to consult the social partners and other interested groups with regard to the formulation of such policy in order to ensure its relevance, raise awareness about its existence, promote its wider acceptance and ownership, and enhance its effectiveness.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1–4 of the Convention. Gender wage gap. Previously, the Committee requested the Government to: (1) strengthen its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; (2) provide information on the specific measures taken to address the gender remuneration gap; and (3) provide updated statistical information on the earnings of men and women in all the sectors and occupations of the economy. The Committee notes that the Government’s report does not contain information in response to its questions. It notes, however, from the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), that the percentage of women with at least secondary school education represented 52.3 per cent in 2016. Recalling that it had previously noted the persistent vertical and horizontal segregation of men and women in certain sectors and occupations, as well as the significant gender wage gap in the country, the Committee once again requests the Government to: (i) step up its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; (ii) provide information on the specific measures taken to address the gender wage gap by identifying and addressing its underlying causes, such as vertical and horizontal job segregation and gender stereotypes, in both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; and (iii) provide updated statistical information on the earnings of men and women in all sectors and occupations.

Articles 1 and 2. Equal remuneration for men and women for work of equal value. Legislation. In its previous observation, the Committee requested the Government to provide information on: (1) the actual methods and criteria used to evaluate the “demands” made by a specific job, in order to ensure that the definition of the expression “work of equal value” provided for in section 31 of the Gender Equity and Equality Act, 2015, permits a broad scope of comparison in practice, based on the principle of equal remuneration for men and women for work of equal value, as required by the Convention; (2) the measures taken to raise awareness among workers, employers and their respective organizations of the new equal remuneration provisions and the existence of penalties for non-observance; (3) the application and enforcement of section 31 of the Gender Equity and Equality Act in practice, and particularly the number of violations dealt with by labour inspectors, courts and the Gender Equity and Equality Commission, and the penalties imposed; and (4) the progress made with the draft Labour Code.

The Committee notes the document containing “method and criteria used to evaluate demands of specific jobs to cater for the principle of work of equal value in the public service” of May 2021, attached to the Government’s report. It notes that the document outlines the factors to be used for the evaluation of management jobs and non-management jobs in the public service. These factors include: professional, academic and vocational qualifications; relevant previous experience; skills; physical and mental effort; responsibility; hazards; and working conditions. The Committee also notes that an appeal procedure is available for workers who consider that the job evaluation is incorrect. The Committee however notes that the document refers to “equal pay for equal work” explaining that “personnel in job positions with similar job content would be remunerated comparably”, which is narrower than the principle of the Convention as well as the notion of “work of equal value”, as defined in section 31 of the Gender Equity and Equality Act. Concerning the private sector, the Committee notes the Government’s indication that it monitors, through the Ministries of Gender, and Labour and Social Security, compliance with the Gender Equity and Equality Act by means that include the conclusion of collective agreements, contracts of employment attested by the labour officers and the undertaking of labour inspections. The Government also indicates that it carries out sensitization programmes on TV, radio, electronic and social media.

The Committee notes with satisfaction that section 5(4) of the Employment Code Act, No. 3 of 2019, provides that: “An employer shall pay an employee equal wages for work of equal value”. It also notes that section 3 of the Act defines wage as “the pay, remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by a contract of employment which are payable by an employer to an employee for work done or to be done or for services rendered or to be rendered”. In this regard, the Committee recalls that Article 1(a) of the Convention contains a broad definition of remuneration that also includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment”. Noting the document outlining methods and criteria for job evaluations in the public service refers to equal pay for “equal work”, the Committee requests the Government to indicate how it is ensured that the job evaluation methods and criteria applied in the public service also cover in practice work of a different nature that is of “equal value”, and to provide information on any appeals filed against job evaluations and the corrective measures adopted as a result. The Committee also requests the Government to supply information on the results of the monitoring activities undertaken through the Ministries of Gender, and Labour and Social Security concerning the application of the Convention in the private sector and to continue providing information on the application of section 31 of the Gender Equity and Equality Act in practice. The Government is also requested to clarify whether section 5(4) of the Employment Code Act, 2019, also applies to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, and to provide examples of the application in practice of this provision.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2 of the Convention. Application of the principle by collective agreements. The Committee previously noted the collective agreements, including the wages scales, concluded for the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector and requested information, where available, on the distribution of men and women in the different grades and wages scales covered by these agreements. While noting that the Government does not provide this repeatedly requested information, the Committee notes the Government’s statement, in its report, that an examination process of several collective agreements has been conducted and that no salary differentials between men and women have been detected. The Committee wishes to point out that even when a collective agreement does not explicitly provide for different remuneration rates for men and women or when it only prohibits sex-based wage discrimination, this will not normally be sufficient to give effect to the Convention as it does not fully capture the concept of work of equal value set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 676). The Committee requests the Government to provide further information on the examination process in relation to several collective agreements, including the collective agreements covered, the methods and criteria used for the assessment, as well as any specific activities undertaken in collaboration with employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced. The Committee again requests the Government to provide information on the distribution of men and women in the different grades and wage scales provided for in collective agreements, including in those concluded in the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector. Please provide a copy of any relevant provisions of collective agreements currently in force which address the issue of equal remuneration for men and women.

Enforcement. The Committee notes that the Gender Equity and Equality Act, 2015, establishes the Gender Equity and Equality Commission and that section 41 provides that complaints alleging that any person, public body or private body has contravened this Act can be lodged before the Commission. The Commission may conduct investigations, make orders with respect to any remedies or compensation, and refer the case to the competent authorities. The Committee notes the Government’s indication that the Convention is being applied reasonably well, given that no complaint or court decision referring to the Convention has been made and labour inspections reports have not revealed any infringement regarding the application of the Convention. The Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). The Committee requests the Government to take appropriate measures to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, including the establishment of the Gender Equity and Equality Commission, and to provide information on any activities undertaken in this regard. It further requests the Government to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(1)(b) of the Convention. Additional grounds of discrimination. Disability. The Committee takes note with interest of section 35(2) and (3) of the Persons with Disabilities Act, 2012, which prohibits discrimination in employment on the ground of disability and provides that the Government shall take measures to ensure the creation of an open, inclusive and accessible labour market and work environment for workers with disabilities; the protection of their rights, on an equal basis with others, to just and favourable conditions of work, including equal remuneration for work of equal value; and access to vocational training and promotion of employment opportunities both in the public and private sectors. It notes that section 39 of the Act further allows the setting of an employment quota for persons with disabilities in the public and private sectors while it seems that the statutory instrument required to enforce this provision has yet to be adopted. The Committee further notes that section 31(3) of the Gender Equity and Equality Act, 2015, also specifically prohibits discrimination in employment against women on the ground of disability. It notes the Government’s indication that an action plan for Promoting Rights and Opportunities for People with Disabilities in Employment through Legislation (PROPEL) for 2014–15 was elaborated with the assistance of the ILO, in order to improve access to skill education programmes and promote equality of opportunity and employment for women and men with disabilities. The Zambia Business and Disability Network was also initiated, with the assistance of the ILO, to raise awareness among employers about the positive relationship between the inclusion of people with disabilities in the workplace and business success. The Government further indicates that the share of empowerment projects approved by the Citizens Economic Empowerment Commission (CEEC) for disabled persons reached 2 per cent in 2017 and that special bursaries have been introduced to support vocational training of persons with disabilities. The Committee requests the Government to provide information on the application of section 35(2) and (3) of the Persons with Disabilities Act and of section 31(3) of the Gender Equity and Equality Act in practice, including on any case of discrimination based on disability addressed by the labour inspectorate, the courts or any other competent authorities and the sanctions imposed. It requests the Government to continue to provide information on the measures taken to promote vocational training and education, as well as employment of persons with disabilities, including in the framework of the Citizens Economic Empowerment Commission, the PROPEL action plan and the Zambia Business and Disability Network, and the results achieved. Taking into consideration the high level of unemployment among persons with disabilities, the Committee requests the Government to provide information on any progress made in the adoption of statutory instruments setting an employment quota for persons with disabilities in the public and private sectors, as provided for in section 39 of the Persons with Disabilities Act, and to provide updated statistical information on the employment rates of workers with disabilities, disaggregated by sex, occupation and work environment (segregated work environment or open labour market).

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee previously noted the persistent vertical and horizontal segregation of men and women in certain sectors and occupations. It notes the Government’s statement that some jobs in certain sectors of the economy, such as mining, attract more men than women due to the nature of the work, but that the number of women being employed in male-dominated occupations, such as heavy duty vehicle drivers, is on the increase. The Committee notes that the National Gender Equality Policy, which was revised in 2014, acknowledges that discrimination against women in the country is embodied in traditional rules and practices resulting in lasting constraints on women’s socio-economic empowerment and progress and that women are largely under-represented in decision-making at all levels. It notes that the policy set as objectives the economic empowerment of women; their increased participation in decision-making at all levels of development in the public and private sectors; as well as their increased access to quality education by encouraging the enrolment of girls in technical courses and strengthening the readmission of teenage girls who have dropped out of school due to pregnancy. The Committee notes that the national Human Rights Commission (HRC) recently highlighted that the drop-out rate for girls compared to boys in primary and secondary is still significantly higher thereby reducing girls’ progression rate to higher learning and to empowerment opportunities and indicated that women’s participation in economic activities remains an issue as women have lower levels of education, limited access and control over production resources (HRC, The State of Human Rights in Zambia, 2015, pages 54 and 55). It notes the Government’s indication that the policy of allocating 30 per cent of university places to women in male-dominated fields of study has been continued and the proportion of women in tertiary education has increased from 25 per cent in 2014 to 31 per cent in 2015. The Government adds that, as a result of the Support to Science, Technology and Innovation Project (SSTEP) postgraduate scholarships were awarded to 12 women in 2015 and 21 women in 2016. The Committee further notes the Government’s indication that flexible forms of training such as long distance and e-learning have been introduced in order to enhance women’s access to education. It notes the Government’s indication that the CEEC projects targeting women empowerment rose from 23.3 per cent in 2011 to 43 per cent in 2017, with a focus on skills development, business development activities and increased access to microfinance loans. The Committee requests the Government to continue to provide information on the specific measures taken, in the framework of the revised National Gender Equality Policy or otherwise, to improve access to education and reduce school drop-out rates of girls and promote broader participation of women in vocational training courses (other than those traditionally dominated by women), as well as to enhance women’s economic empowerment and access to decision-making positions, and their impact in improving equality of opportunity and treatment between men and women in employment and occupation and in addressing gender segregation in the labour market. It requests the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by sector, occupational categories, including decision-making positions.

Public service. The Committee notes, from the statistical data forwarded by the Government, that as of May 2017, while women represent 47 per cent of employees in the public service, men are still over-represented in almost every institution, and drastically so in certain ministries and areas such as agriculture, central statistics, the provincial administration, the Zambia police, the judiciary, and the State House. It notes that, in 2018, the Central Statistical Office published a report on Gender statistics on women’s representation in local Government indicating that Zambia is one of the lowest-ranking countries in the Southern African Development Community (SADC) region in terms of women’s participation at local government level (9 per cent as of 2016). The Committee notes the Government’s statement that it will aim at appointing at least 30 per cent of women to the Cabinet and other constitutional offices. The Committee requests the Government to provide information on the specific measures taken to improve equality of opportunity and treatment between men and women in employment and occupation in the public sector, including by promoting women’s access to all public institutions especially in decision-making positions, and the results achieved. It further requests the Government to continue to provide statistical information on the distribution of men and women in the public service, disaggregated by grade and level of responsibility.

Article 5(2). Special measures of assistance. The Committee previously noted that the Citizens Economic Empowerment Act, 2006, aims at promoting the empowerment of citizens that are or have been marginalized or disadvantaged and whose access to economic resources and development capacity has been constrained due to various factors including race, sex, educational background, status, including HIV status, and disability. It notes the Government’s indication that 40 per cent of the CEEC resources for empowerment projects were mobilized for young people. The Committee requests the Government to continue to provide information on empowerment services delivered by the CEEC to targeted citizens, including those who have been disadvantaged due to race, educational background, disability and status, including HIV status, to ensure their access to economic resources, as well as the results achieved through such actions.

Enforcement. Referring to its previous comments, the Committee notes the Government’s indication that the Constitution of Zambia (Amendment) Act, 2016, provides that the HRC shall have offices in the provinces, and progressively in districts. The Government adds that, in order to facilitate access to the Industrial Relations Court, it has been absorbed into the High Court where it became the Industrial Relations Division of the High Court, being now accessible in the six cities and districts where the High Court is operating. The Committee notes that the Gender Equity and Equality Act, 2015, establishes the Gender Equity and Equality Commission and that section 41 provides that complaints alleging that any person, public body or private body has contravened this Act can be lodged before the Commission. The Commission may conduct investigations, make orders with respect to any remedies or compensation, and refer the case to competent authorities. Welcoming the efforts made by the Government to facilitate access to grievance procedures, the Committee requests the Government to provide information on any activities undertaken to raise public awareness of the Gender Equity and Equality Commission and other procedures now available at local level, as well as on the progress made in the establishment of HRC offices in provinces and districts. It further requests the Government to provide information on any cases of discrimination dealt with by the labour inspectorate, the HRC, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that a definition of “equal pay for work of equal value” was included in the draft Employment Act (Amendment Bill) but drew the Government’s attention to the fact that this definition was narrower than the concept set out in Article 1(b) of the Convention. The Committee takes note of the adoption of the Employment Amendment Act in 2015 but observes that it does not contain any provision in this regard. It notes the Government’s indication, in its report, that a Labour Code is currently being drafted and would take into consideration the concerns previously expressed by the Committee. The Committee notes with interest that section 31(1)(e) of the Gender Equity and Equality Act, adopted on 23 December 2015, provides that a woman has, on an equal basis with a man, “the same right to equal remuneration, benefits and treatment in respect of work of equal value”. It notes that “work of equal value” is defined as “work that is equal in terms of the demands it makes with regard to matters such as skill, duty, physical and material effort, responsibility, conditions of work and remuneration”. It observes that the definition of the term “remuneration” corresponds to the definition provided by Article 1(a). The Committee further notes that section 31(2)(e) provides that “an employer shall not discriminate against a woman when determining remuneration, benefits, retirement and social security” according to section 31(4)(c) and (d), and that “a person, public body or private body shall not fail to respect the principle of equal pay for equal work; or perpetuate disproportionate income differentials deriving from past discrimination”; a person who contravenes these provisions commits an offence and may be convicted with a fine (section 31(6)). Noting that section 31(2)(e) refers to equal pay for “equal work”, the Committee draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee requests the Government to provide information on the actual methods and criteria used to evaluate the “demands” made by a specific job, in order to ensure that the definition of the expression “work of equal value” provided for in section 31 of the Gender Equity and Equality Act, 2015, permits a broad scope of comparison in practice, including but going beyond equal remuneration for equal work, as required by the Convention. It requests the Government to provide information on the measures taken to raise awareness among workers, employers and their respective organizations of the new equal remuneration provisions and the existence of penalties for non-observance. The Committee requests the Government to provide information on the application and enforcement of section 31 of the Gender Equity and Equality Act in practice, particularly the number of infringements reported to labour inspectors, courts and the Gender Equity and Equality Commission and the penalties imposed. In light of the ongoing legislative developments, the Committee requests the Government to provide information on the status of the elaboration of the draft Labour Code and hopes that it will fully reflect the principle of the Convention.

Earnings differentials between men and women. The Committee previously noted the persistent vertical and horizontal segregation of men and women in certain sectors and occupations, as well as the significant gender pay gap. It notes from the 2017 labour market indicators available from the Central Statistical Office that 33.1 per cent of the working population is in the formal sector and that 24.8 per cent of the population is formally employed, only 26.3 per cent of whom are women. It notes that, in 2018, the Central Statistical Office published a report Gender statistics on women’s representation in local government indicating that Zambia is one of the lowest ranked countries in the Southern African Development Community (SADC) region in terms of women’s participation at local government level (9 per cent as of 2016), and highlighted the need to strengthen the collection and presentation of quality gender statistics in order to ensure that adequate information is available and accessible to undertake gender analysis for more targeted interventions and the effective participation of women at all levels. While noting the absence of available information on the earnings of men and women in the different sectors and occupations, the Committee notes with concern the Government’s statement that there is no gender pay gap in the country but only male- or female-dominated industries. It notes that the National Gender Equality Policy, as revised in 2014, highlights that women are concentrated in the lowest-paying sectors and non-technical jobs as a result of their lower education levels, and acknowledges that discrimination against women in the country is embodied in traditional rules and practices resulting in lasting constraints on women’s socio-economic empowerment and progress. Noting that the elimination of gender bias has been identified as an objective of the Gender Equity and Equality Act, 2015, the Committee draws the Government’s attention to the fact that, due to historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and their suitability for certain jobs, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias. The Committee recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 675). The Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay, including in the context of the revised National Gender Equality Policy and the Gender Equity and Equality Act, 2015. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on the earnings of men and women in all the sectors and occupations of the economy. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Definition of discrimination. The Committee previously noted that the definition of discrimination in the draft Employment Act (Amendment Bill) does not appear to include the grounds of national extraction and colour, and that the ground of “social status” may have a narrower meaning that the ground of “social origin” set out in the Convention. The Committee notes that, as a result of the adoption of the Employment Amendment Act in 2015, the new section 36(3) of the Employment Act provides that “race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee” cannot constitute a valid reason for termination. It further notes the adoption of the Constitution of Zambia (Amendment) Act, 2016, which provides that equality and non-discrimination are part of the national values and principles and defines “discrimination” as meaning “directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status” (sections 8 and 266). While welcoming the inclusion of the ground of “colour” in both new laws, the Committee notes that despite its previous recommendations the new provisions do not refer to the grounds of “national extraction” and “social origin” set out in Article 1(1)(a) of the Convention. The Committee further notes that, while the Government previously indicated that the new Employment Act would contain a comprehensive definition of discrimination, the Act only refers to discrimination in case of termination of employment. The Committee wishes to emphasize that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation which include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, as provided for in Article 1(3) of the Convention. It recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee requests the Government to provide updated information on the practical application of section 36(3) of the Employment Act, including a copy of any court decisions on cases where dismissal was based on prohibited grounds, more particularly on the ground of “social status” in order to enable the Committee to assess its meaning in practice, and the remedies provided. In light of the legislative developments referred to in its comments under the Equal Remuneration Convention, 1951 (No. 100), concerning the current elaboration of a Labour Code, the Committee requests the Government to strengthen its efforts to give full legislative expression to the principle of the Convention by defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation with respect to all the grounds set out in Article 1(1)(a) of the Convention and to provide information on any progress made in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual Harassment. The Committee previously noted that sexual harassment was only addressed through the Penal Code and that amendment of section 137A(1) was planned to incorporate provisions of the Anti-Gender Based Violence Act, 2011, to extend the offence of sexual harassment against children in the workplace to an offence of sexual harassment “against a person”, and the setting up of a Fast-Track Court to deal with the delays in dispensing of cases of gender-based violence in the court system. The Committee notes the Government’s indication that the revision process of section 137A(1) of the Penal Code is still ongoing. The Committee notes with interest the adoption of the Gender Equity and Equality Act, on 23 December 2015, which prohibits both quid pro quo and hostile working environment sexual harassment and provides that the Gender Equity and Equality Commission has the power to order any remedies or compensation (section 42(5)). It further notes that section 40 of the Act provides that the Government shall develop and implement appropriate policy and procedures to entitle victims of sexual harassment to have access to appropriate disciplinary and grievance procedures and that employers have an obligation to implement and communicate to all persons, including employees, on such procedures. The Committee however notes that, in the framework of the Universal Periodic Review, the United Nations country team recently stated that, while perpetrators of sexual harassment in the private and public sectors had been prosecuted, employers in such cases had not been held accountable for failure to protect women employees (A/HRC/WG.6/28/ZMB/2, 28 August 2017, paragraph 36). The Committee requests the Government to provide information on the practical application of sections 39 and 40 of the Gender Equity and Equality Act, 2015, including on appropriate policies and awareness-raising measures implemented to address all forms of sexual harassment in employment and occupation, as well as to provide information on the number of complaints filed and the remedies provided. The Committee once again requests the Government to supply a copy of the relevant clauses of the Public Service Disciplinary Code defining sexual harassment and discrimination.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Definition of discrimination. The Committee recalls that the definition of discrimination in the draft Employment Act (Amendment Bill) does not appear to include the grounds of national extraction and colour, and that the ground of “social status” may have a narrower meaning than the ground of “social origin” set out in the Convention. The Committee notes the Government’s affirmation that the Amendment Bill will contain a comprehensive definition of discrimination. The Committee hopes that the final text of the Employment Act (Amendment Bill) will include a definition of discrimination covering all of the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction, colour and social origin, and all aspects of employment and occupation, and once again requests the Government to provide information on progress made in this respect.

Sexual harassment. The Committee recalls the absence of provisions on sexual harassment in the draft Employment Act (Amendment Bill). The Committee notes from the Government’s report the measures taken to address sexual violence against women, including the review of the Penal Code to incorporate provisions of the Anti-Gender Based Violence Act 2011, the proposed amendment of section 137A(1) of the Code to extend the offence of sexual harassment against children in the workplace to an offence of sexual harassment “against a person”, and the setting up of a Fast-Track Court to deal with the delays in dispensing of cases of gender-based violence in the court system. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, and the fact that criminal law generally does not focus on the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee notes that the Anti-Gender Based Violence Act 2011 addresses gender-based violence against “a house-help in the household of the respondent” (section 3). The Committee requests the Government to ensure that the definition in the draft Employment Act (Amendment Bill) includes both quid pro quo as well as hostile environment sexual harassment in employment and occupation, and to adopt comprehensive measures, including effective complaints procedures and awareness raising, to prevent and address all forms of sexual harassment in employment and occupation. It also requests the Government to provide information on progress made in amending section 137A(1) of the Penal Code and establishing the Fast Track Court. The Committee once again requests the Government to supply a copy of the relevant clauses of the Public Service Disciplinary Code defining sexual harassment and discrimination.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes from the Labour Force Survey that horizontal job segregation is evident in several sectors including manufacturing (69 per cent men); construction (96 per cent men); transportation and storage (92 per cent men); professional, scientific and technical activities (65 per cent men); and public administration, defense and compulsory social security (78 per cent men). It also notes that the predominately female sector concerns “activities of household as employers” where 80 per cent of those employed are women. The Survey shows that men comprise 72.6 per cent of management positions and 75.2 per cent of technician and associate professional positions, while in elementary occupations women hold 66.2 per cent of the positions. The Committee notes the Government’s indication that special bursaries have been introduced in the science, technology, engineering and mathematics sectors generally dominated by men, in order to increase the pool from which female employees can be drawn. The Government further indicates that the Citizens Economic Empowerment Commission (CEEC) approved 36 per cent of the empowerment resources for “women promoted enterprises”. The Committee requests the Government to continue to provide information on the measures taken, and their impact, to address the segregation of women and men in certain occupations and sectors and to ensure their equal opportunities in all sectors of the economy and in vocational training and education. Please include detailed information on participation in, and results achieved by the bursary programme to increase the pool of women candidates in the science, technology, engineering and mathematics sectors; the policy of allocating 30 per cent of university places to women in male dominated fields of study and the affirmative action (re-entry) policy. The Committee also requests the Government to continue to provide information on the implementation and results of the activities of the CEEC targeting women.

Public service. The Committee notes from the statistics provided by the Government for the public service (as of 31 July 2014) that men are overrepresented in almost every institution, and drastically so in certain ministries and areas such as agriculture, central statistics, the provincial administration, the Zambia Police, the Judiciary, and the State House. The Committee once again requests the Government to provide information on measures taken and results achieved in the promotion of gender equality in the public service, as well as on any obstacles encountered in their implementation. The Committee further requests the Government to continue to provide statistics on the distribution of men and women in the public service.

Other grounds of discrimination. The Committee notes the Government’s statement that the CEEC does not discriminate on any of the listed grounds in the Citizens Economic Empowerment Act 2006 (section 6(1)) in its delivery of empowerment services. The Committee requests the Government to provide information on any empowerment services delivered by CEEC to targeted citizens, including those who have been disadvantaged due to race, educational background, disability and status, including HIV status, to ensure their access to economic resources, and the results achieved through such action.

Enforcement. The Committee notes the Government’s intention to raise awareness of the principle of non-discrimination among lawyers, judges and relevant public officials over the course of 2015 as funds are made available. The Committee requests the Government to provide information on steps taken and results achieved in this regard, including activities of the labour inspectorate to promote and enforce the principle of non-discrimination. Please also indicate steps taken or envisaged to strengthen the Human Rights Commission and to facilitate access to Industrial Court proceedings and other dispute mechanisms in cases of discrimination.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Legislation. The Committee recalls that the draft Employment Act (Amendment Bill) defines equal pay for work of equal value as meaning that “an expatriate or Zambian professional with matching qualifications holding similar roles are to be remunerated equally”, which is narrower than the concept of equal remuneration for work of equal value provided for in Article 1(b) of the Convention. Moreover, the definition does not address equal remuneration between men and women. The Government’s report states that the current laws and policies confer equal remuneration to male and female employees across sectors for work of equal value undertaken in a given employment under the same conditions of service. The Committee emphasizes that the concept of work of equal value is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). Noting that the Employment Act (Amendment Bill) is still under review, the Committee urges the Government to take the necessary steps to ensure that the final provisions of the Employment Act, will specifically guarantee equal remuneration between men and women for work of equal value, and will not be limited to equal remuneration for men and women performing work that is similar or the same, but will also cover work performed by men and women in conditions that are entirely different but nevertheless of equal value.

Earnings differentials between men and women. The Committee notes from the Labour Force Survey 2012 that 15.4 per cent of all employment is in the formal economy and women make up 28.8 per cent of formal economy workers. The Survey findings confirm the persisting vertical and horizontal segregation of men and women in several sectors and occupations and indicate that remuneration levels differ considerably, with women receiving 62.8 per cent of men’s average monthly earnings. The percentage of women in the lowest earning bracket is over double that of men and inversely the percentage of men in the highest earning bracket is almost double that of women. With respect to earning levels by occupation, women managers receive just over half the salary of male managers, and female professionals earn 72.7 per cent of the salary of male professionals. In trades and craft work, women earn a mere 33 per cent of men’s earnings, and in elementary occupations, women earn 69.6 per cent of the salary that men earn in the same occupational grouping. The Committee recalls that wage inequalities often arise due to the segregation of men and women into certain sectors and occupations, often resulting from societal stereotypes on the suitability of certain jobs for men and women. Continued measures are therefore required to improve the access of women to a wider range of job opportunities at all levels to help to reduce inequalities in remuneration that exist between men and women in the labour market (see General Survey on the fundamental Conventions, 2012, paragraph 713). The Committee also refers in this respect to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee once again asks the Government, with a view to addressing occupational gender segregation and significant differences in earnings between men and women, to take more proactive measures including addressing occupational gender stereotyping and examining the underlying causes of the gender pay gap covering both the formal and informal economy. Noting that the National Gender Policy is under review, the Committee hopes that it will take into account the need for measures to address the gender pay gap, and asks the Government to provide information on any steps taken in this regard.

Collective agreements. The Government indicates that there is no gender discrimination with respect to remuneration for work of equal value in the collective agreements for the public health sector, building and engineering sector, security services sector, financial institutions and mining sector, and that wage disparities between male and female employees may exist due to more higher paid positions held by men. In order to effectively assess the extent and nature of wage differences between men and women in the context of collective agreements and to determine appropriate measures to be taken to address unequal pay, the Committee asks the Government to take additional steps to collect and provide information on the distribution of men and women in the different grades and wage scales provided for in collective agreements that have been concluded for the public health sector, building and engineering sector, security services sector, financial institutions and mining sector.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Legislation. The Committee recalls that the draft Employment Act (Amendment Bill) defines equal pay for work of equal value as meaning that “an expatriate or Zambian professional with matching qualifications holding similar roles be remunerated equitably”, which is narrower than the concept of “equal remuneration for work of equal value” set out in Article 1(b) of the Convention. Moreover, the definition does not address equal remuneration between men and women. The Committee notes the Government’s statement that the proposed amendments to the Employment Act, Cap 268, have not yet been adopted but that the word “equitably” has been changed to read “equally”, and that the definition embraces the concept of equal remuneration between men and women. The Committee must note that even with these modifications the concept of equal remuneration in the draft provisions continues to be narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee refers to its 2006 general observation, and urges the Government to take the necessary steps to ensure that the final provisions of the Employment Act, will specifically guarantee equal remuneration between men and women for work of equal value, and will not be limited to equal remuneration for men and women performing work that is similar or the same, but will cover also work performed by men and women in conditions that are entirely different but nevertheless of equal value. The Committee asks the Government to provide information on further progress made in reviewing the Employment Act in this respect.

Analysing the gender remuneration gap. The Committee notes the Government’s indication that a comprehensive wages survey has not yet been undertaken and that technical assistance has been sought from the Office to improve wage data collection. A Wage Module will be developed with ILO assistance for the Labour Force Survey in 2012. The Committee hopes that the Government will soon be in a position to collect data on employment and earnings in the various industries, sectors and occupations, that are disaggregated by sex, with a view to assessing the nature and extent of the remuneration gap in the country, and asks the Government to provide information on wage data collected in the context of the Labour Force Survey 2012, including any preliminary results, as soon as these are available.

Earnings differentials between men and women. The Committee previously noted from the Labour Force Survey that significant differences in earnings existed between men and women, with men earning almost twice as much as women, especially in the agriculture, forestry and fisheries industries, in which women predominated (52.3 per cent) and within the energy industry and in managerial occupations. The Committee notes the Government’s statement that men and women who have the same jobs and qualifications receive the same wages, and that the wage differences may be attributed to the fact that the Labour Force Survey focused on average monthly earnings in a particular occupation (for both the formal and informal economy) and because of the number of women working in the informal economy and positions they held at the time of the survey. As real differences in earnings between men and women may also be attributed to the differences in educational levels, the Government has adopted the affirmative action (re-entry) policy to enable pregnant students to return to school after delivery. The Committee recalls that measures to promote and ensure equal remuneration for men and women for work of equal value should go beyond ensuring equal remuneration for men and women performing the same jobs and having the same qualifications. As the principle is closely linked to position and status of women more generally in employment and society, wage inequalities often arise due to segregation of men and women in certain sectors and occupations, often resulting from societal stereotypes on the suitability of certain jobs to men and women. Therefore, measures are required to improve the access of women to a wider range of job opportunities and at all levels to help to reduce inequalities in remuneration that exist between men and women in the labour market. The Committee therefore asks the Government, with a view to addressing the significant differences in earnings between men and women noted previously, to take more proactive measures, including addressing occupational gender stereotyping and examining the underlying causes of the gender pay gap covering both the formal and informal economy. The Committee asks the Government to provide detailed information on the implementation of all measures taken or envisaged, including under the National Gender Policy, and the results achieved, with a view to reducing differences in remuneration between men and women and promoting the principle of the Convention. With respect to the activities of the Citizens Economic Empowerment Committee, including skills development and preferential procurement and reservation schemes for women, the Committee asks the Government to refer to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Collective agreements. The Committee reiterates its request to the Government to provide information, where available, on the distribution of men and women in the different grades and wage scales provided for in collective agreements that have been concluded for the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(a) of the Convention. Definition of discrimination. The Committee recalls that the definition of discrimination in the draft Employment Act (Amendment Bill) does not appear to include the grounds of national extraction and colour, and that ground of “social status” may have a narrower meaning than the ground of “social origin” set out in the Convention. The Committee notes the Government’s statement that it will include the definition of discrimination based on national extraction, colour and social origin in the Employment Act (Amendment Bill). The Committee hopes that the final text of the new Employment Act will include a definition of discrimination covering all the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction, colour and social origin, and asks the Government to provide information on progress made in this respect. Noting further the Government’s statement that the Public Service Disciplinary Code contains a clause defining sexual harassment and discrimination, the Committee asks the Government to supply a copy of the Code.

Sexual harassment. The Committee recalls that the draft Employment Act (Amendment Bill) does not include provisions on sexual harassment in employment, and notes the Government’s statement that a definition will be included in the final text of the Employment Act. The Committee also notes, however, that in spite of some measures to address gender-based violence, including the Anti-Gender Based Violence Act 2011 and the provisions in the Education Act 2011 to prevent gender based violence in educational institutions, the United Nations Committee on the Elimination of Discrimination Against Women has expressed concern at the high prevalence of sexual violence against women and girls which appears to be socially legitimized (CEDAW/C/ZMB/CO/5–6, paragraph 21, 27 July 2011). Concerned by the generalized context of sexual violence against women, the Committee urges the Government to adopt without delay comprehensive measures, including legislative protection and effective complaints procedures, as well as awareness raising, to prevent and address both quid pro quo as well as hostile environment, sexual harassment in employment and occupation, in law and in practice, and to report on the results achieved.

Articles 2 and 3. Equality opportunity and treatment of men and women. The Committee recalls the significant occupational gender segregation of the labour market, and notes the activities of the Citizens Economic Empowerment Commission (CEEC) including promoting skills development, giving preference to women in the context of public procurement tenders and bids, and providing loans to women’s groups and cooperatives across the country. It also notes that a policy has been put in place that the board of directors in companies seeking funding should consist of 40 per cent female representation. However, the Committee notes that CEDAW remains concerned at the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in all spheres of life, and at the disadvantaged position of rural women (who are the majority in Zambia) due to customs and traditional practices preventing them from inheriting and acquiring ownership of land and other property and from accessing credit and capital (CEDAW/C/ZMB/CO/5–6, paragraphs 19 and 37). The Committee asks the Government to provide information on all measures taken, and their impact, to address the segregation of women in certain occupations and sectors and to ensure their equal opportunities in all sectors of the economy. The Committee also asks the Government to provide additional information on the results achieved of the activities of the CEEC, including the policy to require companies who seek funding from the CEEC to have a 40 per cent female representation. Please also indicate the measures taken or envisaged to improve access of rural women to land and credit with a view to ensuring their equal opportunities in accessing particular occupations, and the results achieved. Noting that the National Gender Policy is under review, the Committee asks the Government to provide information on any developments in this regard.

Public service. The Committee had previously welcomed the policy in the public service that the Government shall actively adhere to the policy of an equal opportunity employer in order to enhance the gender balance in the public service. The Committee notes the statistics provided by the Government on male and female participation in decision-making between 2005 and 2010, which, however, do not show participation rates of women in the public service. The Committee asks the Government to provide statistics on the distribution of men and women in the public services, and information on the results achieved by its equality policy, as well as on any obstacles encountered in implementing this policy.

Other grounds of discrimination. The Committee previously noted that the Citizens Economic Empowerment Act of 2006 covers the grounds of race, sex, educational background, status and disability, and that “status” is defined as including “age, HIV/AIDS status or other diseases, disability, social standing, economic standing or rural or urban location”. Please provide information on the application in practice of the Citizens Economic Empowerment Act, No. 9, of 2006 with respect to race, sex, educational background, status and disability.

Access to vocational training and education. The Committee previously noted the gender imbalances (LFS 2007) cutting across all educational levels with those with no educational level at all recording the widest gender imbalance towards women. The Committee notes with interest the various measures taken to promote equal opportunity and treatment in education and vocational training. It notes, in particular, the affirmative action (re-entry) policy enabling pregnant students to return to school, the policy regarding enrolment at public universities, of reserving 30 per cent of the bursaries for female students, and the transformation of male-only technical schools into technical schools with co education giving women more access to vocational education. The Committee further notes the Education Act of 2011, which provides for the promotion of equity in access to education, participation in and successful completion of education at all levels, irrespective of gender, social class or disability. The Act also provides for the development and implementation of plans for the promotion of equal opportunities of access to, and participation in, the various levels of school education. Further, the Minister shall endeavour to provide equal education opportunities for both male and female learners (section 30(1)–(5)). The Committee encourages the Government to continue its efforts to promote equality of opportunity and treatment with respect to access to education and vocational training and asks the Government to provide detailed information on the application of the Education Act 2011, in particular section 30(1) and (5), and the results achieved under the affirmative action (re-entry) policy and the policy in public universities regarding bursaries reserved for women. Please also provide statistical data, disaggregated by sex, on participation rates of men and women in education and vocational training.

Enforcement. With reference to its previous comments, the Committee notes the Government’s indication that the new labour inspection form allows indicating the number of male and female employees that are being employed and in which sectors, and that awareness raising activities are being planned on the Anti-Gender Based Violence Act 2011. The Committee asks the Government once again to provide detailed information on the specific activities of the labour inspectorate to promote and enforce the principle of non-discrimination, as well as other steps taken, and results achieved, to raise awareness of the principle among workers’ and employers’ organizations, lawyers, judges and relevant public officials. Recalling the low number of cases handled by the Industrial Relations Court and the Human Rights Commission, the Committee asks the Government to indicate steps taken or envisaged to strengthen the Human Rights Commission and to facilitate access to industrial courts proceedings and other dispute mechanisms in cases of discrimination.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Legislation. The Committee notes that the draft Employment Act (Amendment Bill) defines equal pay for work of equal value as meaning that “an expatriate or Zambian professional with matching qualifications holding similar roles be remunerated equitably”, which is narrower than the concept of “equal remuneration for work of equal value” set out in Article 1(b) of the Convention. Moreover, the definition does not address equal remuneration between men and women, which is often where disparity or inequality in wages can be found. The Committee further notes the Government’s statement that the review of the Employment Act, Cap 268, will incorporate the principle of equal remuneration. The Committee refers to its 2006 general observation, and it hopes that the new provisions of the Employment Act, Cap 268, will specifically guarantee equal remuneration between men and women for work of equal value. The Committee asks the Government to provide information on the progress made in reviewing the Employment Act in this respect.

Analysing the gender wage gap. The Committee notes with interest that, in 2007, the Labour Statistical Office published its first Labour Force Survey Report (LFS–2005) in almost 20 years. The Committee notes that the survey contains detailed sex-disaggregated data on employment, unemployment, underemployment and levels of income and earnings. The Committee further notes the Government’s indication that it has planned to undertake a comprehensive wages survey as a way of strengthening the Labour Market Information System. The Committee encourages the Government to continue its efforts in collecting data on employment and earnings that are disaggregated by sex. It trusts that the forthcoming wages survey will allow for an assessment of the gender wage gap in the various industries, sectors and occupations. Please provide a copy of the survey when finalized.

Earnings differentials between men and women. The Committee notes from the Labour Force Survey that significant differences in earnings exist between men and women with, in 2005, men earning almost twice as much as women. The results show that the agriculture, forestry and fisheries industries, which is the only sector where women predominate (52.3 per cent), has the lowest-paid occupations and the highest proportion of workers in the lowest earnings group. One-fifth is reported to have no income at all. The results also indicate large differences in earnings between men and women within the energy industry and in managerial occupations. For example, in rural areas, male managers and administrators earned three times more than their female counterparts. Furthermore, average earnings of men were two times higher than those of women among those who worked an average of
40–49 hours per week; this group is also the highest earnings group in terms of hours of work. The Committee further notes from the Government’s report that the National Gender Policy envisages measures aimed at: (a) removing barriers that prevent women’s effective participation in formal and informal employment; (b) ensuring equal employment opportunities in all sectors of the economy; and (c) devising mechanisms to ensure equal access of women to effective skills training, retraining and counselling and placement services that are inclined to stereotyped employment perceived to be only suitable to women. The Committee asks the Government as follows: (i) to determine the reasons for the differences in earnings between men and women and to provide information on any measures taken or envisaged to address any of the causes identified; and (ii) to indicate how any of the measures taken or envisaged under the National Gender Policy are helping, or have helped, to reduce differences in remuneration between men and women.

The Committee notes the adoption of the Citizens Economic Empowerment Act, No. 9 of 2006, which establishes the Citizens Economic Empowerment Commission and which includes the promotion of gender equality among its main objectives. The Committee asks the Government to provide information on any measures taken by the Citizens Economic Empowerment Committee to promote the provisions of the Convention. For a detailed examination of the Act, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Collective agreements. The Committee notes the collective agreements, including the wage scales, attached to the Government’s report, which have been concluded for the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector. The Committee asks the Government to provide information, where available, on the distribution of men and women in the different grades and wages scales covered by these agreements.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(1)(a) of the Convention. Definition of discrimination. The Committee notes that the definition of discrimination in the draft Employment Act (Amendment Bill) does not appear to include the grounds of national extraction and colour. The ground of “social status” may have a narrower meaning than the ground of “social origin” mentioned in the Convention. The Committee recalls that legislation prohibiting and defining discrimination in employment and occupation should cover all the grounds set out in Article 1(1)(a) of the Convention. The Committee further notes that the draft Employment Act (Amendment Bill) does not include provisions on sexual harassment at work. Noting that the National Gender Policy addresses this form of sex discrimination, the Committee asks the Government to ensure that the final text of the new Employment Act includes provisions defining and prohibiting sexual harassment and that its definition of discrimination covers the grounds of national extraction, colour and social origin.

Articles 2 and 3. Adoption of equality legislation. The Committee notes with interest the adoption of the Citizens Economic Empowerment Act, No. 9, of 2006, which establishes the Citizens Economic Empowerment Commission (CEEC) and the Citizens Economic Empowerment Fund. The Committee notes that the Act aims to promote the economic empowerment of targeted citizens, citizen-empowered companies, citizen-influenced companies and citizen-owned companies; to promote gender-equality in accessing, owning, managing, controlling economic resources; to remove social customs, statutory provisions or other practices that limit access to any particular gender to skills training that is essential to the effective participation in the economic sector; to promote the employment of both genders by removing structural and discriminatory constraints that hinder any particular gender from employment opportunities and, in doing so, ensure equitable income distribution; to promote equal opportunities of targeted citizens, and citizen-empowered companies, citizen-influenced companies, and citizen-owned companies in accessing and being awarded procurement contracts and other services from State institutions. The Committee notes that the Act defines “targeted citizen” as a citizen who is or has been marginalized or disadvantaged and whose access to economic resources and development capacity has been constrained, due to various factors including race, sex, educational background, status and disability. Status is defined as including “age, HIV/AIDS status or other diseases, disability, social standing, economic standing or rural or urban location”. The Committee asks the Government to provide information on the application in practice of the Citizens Economic Empowerment Act, No. 9, of 2006, as well as on the activities carried out by the CEEC to promote equality of opportunity in employment and occupation with respect to race, sex, educational background, status and disability.

Access to employment and occupation. The Committee notes from the Labour Force Survey of 2007 (LFS) that men are the majority in all occupational categories, except for agriculture, forestry and fisheries, where women represent 52.3 per cent of the workers. Women further represent half of the workers in clerical and related occupations and slightly over 41 per cent of the sales and administrative and managerial occupations. The occupations with the highest proportion of men are production-related occupations (76.9 per cent) followed by professional, technical and related occupations (70.9 per cent) and services (65 per cent). In rural areas, no women work in service occupations and only 26.2 per cent of them work in administrative or managerial occupations. Results also show that more women (53 per cent) than men (26 per cent) are unpaid family workers, and that women have a higher unemployment and underemployment rate than men, with the highest underemployment rate in the agriculture, forestry and fisheries industries (90.4 per cent). The Committee notes from the report on the Equal Remuneration Convention, 1951 (No. 100), that the National Gender Policy (NGP) envisages measures aimed at: (a) removing barriers that prevent women’s effective participation in formal and informal employment; and (b) ensuring equal employment opportunities in all sectors of the economy. The Committee asks the Government to provide information on the measures taken, and their impact, under the NGP to address the segregation of women in certain occupations and sectors and to ensure their equal opportunities in all sectors of the economy.

Access to vocational training and education. The Committee notes from the LFS 2007, that gender imbalances cut across all educational levels with those with no educational level at all recording the widest gender imbalance towards women. The highest level of education attained by persons working in the agriculture and related industries, which is dominated by women, is primary education. The industries that employed most people with university education are finance, insurance and real estate (17.9 per cent), community, social and personal services (17.1 per cent), mining and quarrying (16.8 per cent) and electricity, gas and water (18 per cent). However, except for the community, social and personal services industries, no women are being employed in these industries. The Committee notes that the NGP provides for measures aimed at devising mechanisms to ensure equal access of women to effective skills training, retraining and counselling and placement services that are inclined to stereotype employment perceived to be suitable only to women. The Committee also notes that the Government has been promoting access of girls to education and has undertaken awareness campaigns on sensitizing girls at high school level on the benefits of enrolling for occupations currently dominated by men such as engineering and construction. The Committee encourages the Government to continue its efforts to promote access of girls to education and training, including their enrolment in occupations that are currently predominated by men. The Committee asks the Government to provide information, including sex-disaggregated statistics, on the impact of the measures taken under the NGP to ensure equal access of women and girls to effective skills training, retraining and counselling.

Public service. The Committee notes with interest the Service Commission’s policies and procedures for the employment in the public service of June 2003, attached to the Government’s report. It notes that the policies define “gender imbalances” as “inequalities arising from prejudices which exist between men and women which have no bearing on their performance in the public service”. It notes that section 4 of Part II of the policies provide that the Government shall actively adhere to the policy of an equal opportunity employer in order to enhance the gender balance in the public service. The Committee had previously noted, in this regard, some of the measures taken to promote women in decision-making positions in the public service. The Committee asks the Government to provide information, including statistics on the distribution of men and women, on the results achieved by its equality policy in the public service, as well as on any obstacles encountered in implementing this policy.

Enforcement. The Committee notes from the Government’s report that, in 2008, only two cases concerning discrimination were recorded at the Industrial Relations Court, and that the Human Rights Commission received 25 cases on discrimination between May 2006 and April 2008. The Committee further notes the Government’s statement that information on the principle of non-discrimination is being disseminated through its labour inspection programme. Unfortunately, copies of these cases have not been received by the Office nor has the Government provided further details on the content and the impact of the labour inspectorate’s efforts to promote the principle of non-discrimination in employment. The Committee, therefore, requests the Government to provide more detailed information on the activities of the labour inspectorate to promote and enforce the principle of non-discrimination, as well as any other steps taken to raise awareness of the principle among workers’ and employers’ organizations, lawyers, judges and relevant public officials. Please also provide more detailed information on the cases handled by the Industrial Relations Court and the Human Rights Commission.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Legislation. The Committee notes that the draft Employment Act (Amendment Bill) defines equal pay for work of equal value as meaning that “an expatriate or Zambian professional with matching qualifications holding similar roles be remunerated equitably”, which is narrower than the concept of “equal remuneration for work of equal value” set out in Article 1(b) of the Convention. Moreover, the definition does not address equal remuneration between men and women, which is often where disparity or inequality in wages can be found. The Committee further notes the Government’s statement that the review of the Employment Act, Cap 268, will incorporate the principle of equal remuneration. The Committee refers to its 2006 general observation, and it hopes that the new provisions of the Employment Act, Cap 268, will specifically guarantee equal remuneration between men and women for work of equal value. The Committee asks the Government to provide information on the progress made in reviewing the Employment Act in this respect.

Analysing the gender wage gap. The Committee notes with interest that, in 2007, the Labour Statistical Office published its first Labour Force Survey Report (LFS–2005) in almost 20 years. The Committee notes that the survey contains detailed sex-disaggregated data on employment, unemployment, underemployment and levels of income and earnings. The Committee further notes the Government’s indication that it has planned to undertake a comprehensive wages survey as a way of strengthening the Labour Market Information System. The Committee encourages the Government to continue its efforts in collecting data on employment and earnings that are disaggregated by sex. It trusts that the forthcoming wages survey will allow for an assessment of the gender wage gap in the various industries, sectors and occupations. Please provide a copy of the survey when finalized.

Earnings differentials between men and women. The Committee notes from the Labour Force Survey that significant differences in earnings exist between men and women with, in 2005, men earning almost twice as much as women. The results show that the agriculture, forestry and fisheries industries, which is the only sector where women predominate (52.3 per cent), has the lowest-paid occupations and the highest proportion of workers in the lowest earnings group. One-fifth is reported to have no income at all. The results also indicate large differences in earnings between men and women within the energy industry and in managerial occupations. For example, in rural areas, male managers and administrators earned three times more than their female counterparts. Furthermore, average earnings of men were two times higher than those of women among those who worked an average of 40–49 hours per week; this group is also the highest earnings group in terms of hours of work. The Committee further notes from the Government’s report that the National Gender Policy envisages measures aimed at: (a) removing barriers that prevent women’s effective participation in formal and informal employment; (b) ensuring equal employment opportunities in all sectors of the economy; and (c) devising mechanisms to ensure equal access of women to effective skills training, retraining and counselling and placement services that are inclined to stereotyped employment perceived to be only suitable to women. The Committee asks the Government as follows: (i) to determine the reasons for the differences in earnings between men and women and to provide information on any measures taken or envisaged to address any of the causes identified; and (ii) to indicate how any of the measures taken or envisaged under the National Gender Policy are helping, or have helped, to reduce differences in remuneration between men and women.

The Committee notes the adoption of the Citizens Economic Empowerment Act, No. 9 of 2006, which establishes the Citizens Economic Empowerment Commission and which includes the promotion of gender equality among its main objectives. The Committee asks the Government to provide information on any measures taken by the Citizens Economic Empowerment Committee to promote the provisions of the Convention. For a detailed examination of the Act, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Collective agreements. The Committee notes the collective agreements, including the wage scales, attached to the Government’s report, which have been concluded for the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector. The Committee asks the Government to provide information, where available, on the distribution of men and women in the different grades and wages scales covered by these agreements.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(1)(a) of the Convention. Definition of discrimination. The Committee notes that the definition of discrimination in the draft Employment Act Amendment Bill does not appear to include the grounds of national extraction and colour. The ground of “social status” may have a narrower meaning than the ground of “social origin” mentioned in the Convention. The Committee recalls that legislation prohibiting and defining discrimination in employment and occupation should cover all the grounds set out in Article 1(1)(a) of the Convention. The Committee further notes that the draft Employment Act Amendment Bill does not include provisions on sexual harassment at work. Noting that the National Gender Policy addresses this form of sex discrimination, the Committee asks the Government to ensure that the final text of the new Employment Act includes provisions defining and prohibiting sexual harassment and that its definition of discrimination covers the grounds of national extraction, colour and social origin.

Articles 2 and 3. Adoption of equality legislation. The Committee notes with interest the adoption of the Citizens Economic Empowerment Act, No. 9, of 2006, which establishes the Citizens Economic Empowerment Commission (CEEC) and the Citizens Economic Empowerment Fund. The Committee notes that the Act aims to promote the economic empowerment of targeted citizens, citizen-empowered companies, citizen-influenced companies and citizen-owned companies; to promote gender-equality in accessing, owning, managing, controlling economic resources; to remove social customs, statutory provisions or other practices that limit access to any particular gender to skills training that is essential to the effective participation in the economic sector; to promote the employment of both genders by removing structural and discriminatory constraints that hinder any particular gender from employment opportunities and, in doing so, ensure equitable income distribution; to promote equal opportunities of targeted citizens, and citizen-empowered companies, citizen-influenced companies, and citizen-owned companies in accessing and being awarded procurement contracts and other services from State institutions. The Committee notes that the Act defines “targeted citizen” as a citizen who is or has been marginalized or disadvantaged and whose access to economic resources and development capacity has been constrained, due to various factors including race, sex, educational background, status and disability. Status is defined as including “age, HIV/AIDS status or other diseases, disability, social standing, economic standing or rural or urban location”. The Committee asks the Government to provide information on the application in practice of the Citizens Economic Empowerment Act, No. 9, of 2006, as well as on the activities carried out by the CEEC to promote equality of opportunity in employment and occupation with respect to race, sex, educational background, status and disability.

Access to employment and occupation. The Committee notes from the Labour Force Survey of 2007 (LFS) that men are the majority in all occupational categories, except for agriculture, forestry and fisheries, where women represent 52.3 per cent of the workers. Women further represent half of the workers in clerical and related occupations and slightly over 41 per cent of the sales and administrative and managerial occupations. The occupations with the highest proportion of men are production-related occupations (76.9 per cent) followed by professional, technical and related occupations (70.9 per cent) and services (65 per cent). In rural areas, no women work in service occupations and only 26.2 per cent of them work in administrative or managerial occupations. Results also show that more women (53 per cent) than men (26 per cent) are unpaid family workers, and that women have a higher unemployment and underemployment rate than men, with the highest underemployment rate in the agriculture, forestry and fisheries industries (90.4 per cent). The Committee notes from the report on the Equal Remuneration Convention, 1951 (No. 100), that the National Gender Policy (NGP) envisages measures aimed at: (a) removing barriers that prevent women’s effective participation in formal and informal employment; and (b) ensuring equal employment opportunities in all sectors of the economy. The Committee asks the Government to provide information on the measures taken, and their impact, under the NGP to address the segregation of women in certain occupations and sectors and to ensure their equal opportunities in all sectors of the economy.

Access to vocational training and education. The Committee notes from the LFS 2007, that gender imbalances cut across all educational levels with those with no educational level at all recording the widest gender imbalance towards women. The highest level of education attained by persons working in the agriculture and related industries, which is dominated by women, is primary education. The industries that employed most people with university education are finance, insurance and real estate (17.9 per cent), community, social and personal services (17.1 per cent), mining and quarrying (16.8 per cent) and electricity, gas and water (18 per cent). However, except for the community, social and personal services industries, no women are being employed in these industries. The Committee notes that the NGP provides for measures aimed at devising mechanisms to ensure equal access of women to effective skills training, retraining and counselling and placement services that are inclined to stereotype employment perceived to be suitable only to women. The Committee also notes that the Government has been promoting access of girls to education and has undertaken awareness campaigns on sensitizing girls at high school level on the benefits of enrolling for occupations currently dominated by men such as engineering and construction. The Committee encourages the Government to continue its efforts to promote access of girls to education and training, including their enrolment in occupations that are currently predominated by men. The Committee asks the Government to provide information, including sex-disaggregated statistics, on the impact of the measures taken under the NGP to ensure equal access of women and girls to effective skills training, retraining and counselling.

Public service. The Committee notes with interest the Service Commission’s policies and procedures for the employment in the public service of June 2003, attached to the Government’s report. It notes that the policies define “gender imbalances” as “inequalities arising from prejudices which exist between men and women which have no bearing on their performance in the public service”. It notes that section 4 of Part II of the policies provide that the Government shall actively adhere to the policy of an equal opportunity employer in order to enhance the gender balance in the public service. The Committee had previously noted, in this regard, some of the measures taken to promote women in decision-making positions in the public service. The Committee asks the Government to provide information, including statistics on the distribution of men and women, on the results achieved by its equality policy in the public service, as well as on any obstacles encountered in implementing this policy.

Enforcement. The Committee notes from the Government’s report that, in 2008, only two cases concerning discrimination were recorded at the Industrial Relations Court, and that the Human Rights Commission received 25 cases on discrimination between May 2006 and April 2008. The Committee further notes the Government’s statement that information on the principle of non-discrimination is being disseminated through its labour inspection programme. Unfortunately, copies of these cases have not been received by the Office nor has the Government provided further details on the content and the impact of the labour inspectorate’s efforts to promote the principle of non-discrimination in employment. The Committee, therefore, requests the Government to provide more detailed information on the activities of the labour inspectorate to promote and enforce the principle of non-discrimination, as well as any other steps taken to raise awareness of the principle among workers’ and employers’ organizations, lawyers, judges and relevant public officials. Please also provide more detailed information on the cases handled by the Industrial Relations Court and the Human Rights Commission.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. Application in practice. The Committee recalls the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 October 2002 stating that women are disadvantaged in terms of remuneration and that de facto inequalities exist with regard to credit facilities which require husbands to co-sign for their wives’ credit applications. In its report, the Government contests the allegation that women were disadvantaged in terms of remuneration, indicating that conditions of service apply equally to men and women. With regard to access to credit facilities, the Government states that a co-signature of the husband was required only where property jointly owned by the spouses was to serve as a security for the credit. While noting this information, the Committee nevertheless encourages the Government, in cooperation with social partners, to take measures to promote the practical application of the Convention, including through awareness-raising and training activities concerning the meaning and implications of the principle of equal remuneration for men and women for work of equal value. Please provide information on any measures taken or envisaged to this end and also indicate whether any specific measures to promote equal remuneration are envisaged under the National Gender Policy, such as the promotion of objective job evaluation. Further, the Committee asks the Government to indicate whether the competent authorities have dealt with any complaints concerning unequal remuneration for men and women.

2. Collective agreements. The Committee notes that examples of collective agreements referred to in the Government’s report were not attached. It asks the Government to provide these collective agreements with its next report.

3. Statistical information. The Committee notes that the Government undertook a labour force survey in 2005 and that a labour market information system was being established. The Committee asks the Government to ensure that the data concerning earnings available through the information system is disaggregated by sex and that it allows for an assessment of the gender pay gap in the different sectors, industries and occupations. Please provide information on the progress made in establishing the labour market information system and provide, as soon as possible, detailed information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation on this Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Practical application. In its previous comments, the Committee sought information on the extent to which complaints concerning employment discrimination are being brought before the competent bodies and tribunals and the outcomes of such proceedings. The Committee notes from the Government’s report that in 2005 the Human Rights Commission received a total of 125 complaints, out of which three were discrimination cases. However, no information on the facts and outcome of the cases has been provided. In order to enable the Committee to assess whether the current legislation and its implementation and enforcement provide effective protection from employment discrimination in practice, the Committee requests the Government to provide information on any cases concerning discrimination in employment and occupation dealt with by the Human Rights Commission, as well as the Industrial Relations Court and other tribunals, and to provide information on the facts and outcomes of these cases. Taking into account the apparently low number of discrimination cases being brought, the Committee also reiterates its previous request to the Government to indicate whether consideration has been given to raising awareness of the principle of non-discrimination among workers and employers, as well as lawyers, judges and relevant public officials through education programmes, training or workshops.

2. Sexual harassment. The Committee notes that the Government considers sexual harassment at work as a form of gender-based violence. A victim support unit to assist victims of gender-based violence has been established, training has been provided to human resource practitioners and gender focal points, and a media sensitization campaign has been launched. Further, the Committee notes from the proceedings of the United Nations Committee on Economic, Social and Cultural Rights that legislation was under preparation concerning gender-based violence (E/C.12/2005/SR.5, paragraph 18). The Committee urges the Government to include provisions in its legislation preventing and prohibiting sexual harassment at work, and requests the Government to provide information on the measures taken in this respect.

3. National policy to promote equality of opportunity in employment and occupation. The Committee notes the general information provided by the Government concerning the National Plan of Action for Human Rights (1999‑2009) and the National Gender Policy. It requests the Government to indicate whether any specific measures or activities are being implemented under these instruments to promote equality of opportunity and treatment in employment and occupation.

4. Vocational training. The Committee notes from the Government’s report that the Ministry of Science, Technology and Vocational Training was working to establish an easily accessible local information network on vocational training. It also notes the Government’s indication that promoting women’s access to vocational training was a priority. The Committee requests the Government to continue to provide detailed statistical information reflecting the progress made in increasing the participation of girls and women in vocational training. In this regard, please also indicate the progress made in promoting access of girls and women to training for occupations currently dominated by men.

5. Public service. The Committee notes with interest that the Government has taken a number of measures to achieve a target of 30 per cent women in decision-making position in the public service, including a new performance appraisal system that eliminates the previous reporting model that was seen as inhibiting women’s promotion into senior positions, and a positive action policy. The report indicates that in 2006, 18 per cent of the senior management positions in the public service were held by women. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity of treatment of men and women in the public service as well as information on the results achieved by such action, including statistical information on the distribution of men and women in public service employment at various levels.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report again contains no reply to its previous comments. It hopes that the Government’s next report will include full information on the matters raised in the previous direct request, which reads in relevant parts as follows:

1. Article 2 of the Convention. Application in practice in the private sector. The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 October 2002 stating that women are disadvantaged in terms of remuneration and that de facto inequalities exist with regard to access to credit facilities which require husbands to co-sign for their wives’ credit applications. Noting the absence of a reply by the Government on these matters, the Committee asks the Government to provide this information in its next report. […]

2. Article 2. Application of the principle by collective agreements. The Committee asks the Government to continue transmitting the texts of collective agreements covering the various sectors and to supply a copy of the collective agreement from the National Pension Scheme Authority, which it referred to as being attached to its report, but which was not received by the Office.

3. Part V of the report form. Practical application. The Committee notes the Government’s statement that various policies in the fields of education and vocational training have been adopted to promote the employment of women workers in occupations typically dominated by men, such as engineering, motor mechanics, electronic and civil engineering. The Committee therefore once again asks the Government to provide in its next report more detailed information on the specific measures adopted to promote women’s access to vocational training, guidance and counselling and in addition to provide information on any measures that have been taken to promote women workers into decision-making and supervisory positions generally.

4. Part V of the report form. Statistics. The Committee reiterates its request to the Government to keep it informed of any developments respecting the establishment of a labour market information system and to provide any available documentation in this respect. The Committee also reiterates its request for the Government to provide statistical information in its next report, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category. In this regard, the Committee refers the Government to the general observation of 1998 on this Convention.

The Committee trusts that the Government will make every effort to provide the information requested with its next report.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Practical application. The Committee notes the Government’s statement that there is no discrimination on the basis of gender, race, ethnicity, religion or otherwise, in respect of awarding employment and occupation or in education and training. However, in its previous comments, the Committee noted that the majority of cases submitted and handled by the Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies in the workplace. The Committee further notes that in its report to the Committee on the Elimination of Racial Discrimination (CERD/C/452/Add.6/Rev.1, 21 March 2005), the Government indicated that although cases have been lodged with the Industrial Relations Court, complainants have failed to prove racial discrimination. The Committee recalls that the absence of complaints concerning discrimination or the lack of judicial or administrative decisions establishing employment discrimination can not necessarily be taken as an indication of the absence of discrimination. The Committee underlines the importance of raising awareness of the principle of non-discrimination among workers and employers, as well as judges and other public officials, and of providing assistance to persons considering themselves victims of discrimination. In this respect, the Committee previously noted that the Commission had made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ organizations on human rights standards and on the provisions of the Convention. The Committee asks the Government to indicate whether it has acted on any of these proposals and it encourages the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment and occupation that appear before the Human Rights Commission and the Industrial Relations Court.

2. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

3. The Committee notes, with regret, that the Government’s report does not reply to any of the other issues raised in the Committee’s previous comments. The Committee is therefore bound to repeat its previous request which raises the following points:

(a)  Article 2 of the Convention. National policy. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights (1999-2009) and requests the Government to provide information on the content of the plan in relation to the promotion of the principle of the Convention. The Committee further notes that the Government has adopted a National Gender Policy designed to ensure that both men and women have equal opportunities at all levels of development. It asks the Government to provide information on the development, implementation and impact of all these activities and hopes the Government will also indicate what actions it has taken to address discrimination on the basis of all the grounds of the Convention, other than sex.

(b)  Vocational training. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to contribute effectively to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women who have completed different courses and it reiterates its request that the Government should include in its next report figures indicating how many men and women are in fact enrolled in these courses. The Committee again requests the Government to indicate what measures it has taken or envisages to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualifications required for a particular job.

(c)  Article 3(d). Employment under the control of a national authority. The Committee reiterates its request to the Government to provide information on the measures taken or envisaged to promote recruitment, training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels and to include statistics in its next report on the number, grades and posts of women and men currently employed in the public service.

(d)  Article 5. Special measures of protection or assistance. Please provide information on any progress achieved in the examination of national legislation to assess whether it is still necessary to prohibit the access of women to certain occupations (such as underground mining or night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress with a view to promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 Resolution on Equal Opportunities and Equal Treatment for Men and Women in Employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.

The Committee trusts that the Government will make every effort to provide the information requested in its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Application in practice in the private sector. The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 October 2002 stating that women are disadvantaged in terms of remuneration and that de facto inequalities exist with regard to access to credit facilities which require husbands to co-sign for their wives’ credit applications. Noting the absence of a reply by the Government on these matters, the Committee asks the Government to provide this information in its next report.

2. The Committee notes with some regret that the Government’s report repeats word for word the information provided by the Government in its previous report. The Committee, therefore, must repeat its previous comments which read in the relevant parts as follows:

Article 2. Application of the principle by collective agreements. The Committee asks the Government to continue transmitting the texts of collective agreements covering the various sectors and to supply a copy of the collective agreement from the National Pension Scheme Authority, which it referred to as being attached to its report, but which was not received by the Office […].

Part V of the report form. Practical application. The Committee notes the Government’s statement that various policies in the fields of education and vocational training have been adopted to promote the employment of women workers in occupations typically dominated by men, such as engineering, motor mechanics, electronic and civil engineering. The Committee therefore once again asks the Government to provide in its next report more detailed information on the specific measures adopted to promote women’s access to vocational training, guidance and counselling and in addition to provide information on any measures that have been taken to promote women workers into decision-making and supervisory positions generally.

Part V of the report form. Statistics. The Committee reiterates its request to the Government to keep it informed of any developments respecting the establishment of a labour market information system and to provide any available documentation in this respect. The Committee also reiterates its request for the Government to provide statistical information in its next report, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category. In this regard, the Committee refers the Government to the general observation of 1998 on this Convention.

The Committee trusts that the Government will make every effort to provide the information requested with its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the communication dated 23 October 2002 by the International Confederation of Trade Unions (ICFTU) containing comments on the application of the Convention by Zambia, which has been forwarded to the Government. The Committee will address the communication together with any comments that the Government may wish to make on the matters raised therein at its next session. In addition, the Committee hopes that the Government will provide the information requested in its previous comments, which read as follows:

1. The Committee notes the information provided by the Government that the majority of complaints submitted to and handled by the Permanent Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies at places of work. The Committee observes that the Commission has a mandate to investigate human rights violations and to propose effective measures to prevent human rights abuse, but can only make recommendations to the appropriate government agencies, and has no power to enforce its findings beyond making them public. The Committee requests the Government to provide more specific information on the cases that the Commission has dealt with including: (a) the number and alleged causes of discrimination in employment and occupation; and (b) the types of outcomes of the cases, including sanctions and remedies applied. As the Committee previously requested, it would appreciate it if the Government would provide a copy of any decision adopted by the Commission concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention. The Committee also requests the Government to provide information on the activities carried out by the operational committees that have been created under the Human Rights Commission, in particular, the Gender Equality, the Economic, Social and Cultural Rights and Communal and Minority Rights Committees, related to equal opportunities in employment and occupation.

2. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights, 1999-2009, and requests the Government to submit a copy of the Plan to the Office. The Committee also notes that the Commission has made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ associations on human rights standards for workers and employers and on the provisions of the Convention. It also notes that there are several programmes on the delivery of public education and human rights education waiting to be funded by the Government and external partners. The Committee requests the Government to provide information on the development, implementation and impact of activities related to the promotion of equality in employment and occupation. The Committee also wishes the Government to provide information on the actions taken to address racism and xenophobic attitudes in employment and occupation.

3. The Committee notes that the Government has adopted a National Gender Policy designed to fulfil the commitment of ensuring that both men and women have equal opportunities at all levels of development. The Committee notes the institutional mechanisms established to promote gender policy and gender mainstreaming. The Committee requests the Government to provide more information not only relative to the objectives of gender policy, but also on the concrete actions that are being developed in order to reconcile in practice, respect for traditions and customs with the applications of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation. The Committee asks the Government to provide statistics on the situation of women and men on the labour market, their respective participation in the various occupations and statistics on the distribution of men and women in the various sectors, occupations and posts in the public and private sectors.

4. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to effectively contribute to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women that have completed different courses, and hopes that in its next report figures will also be sent indicating the number of men and women that have participated in these courses. The Committee again requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualification required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

5. The Committee notes that the Government has not replied to its previous comment requesting information on the measures that have been taken or are envisaged to promote recruitment, further training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels, and to provide statistics on the number and grades of women and men currently employed in the public service and their posts.

6. The Committee also requests the Government to provide information on any progress achieved in the examination of the national legislation in order to strengthen equality between men and women in employment and occupation assessing whether it is still necessary to prohibit the access of women to certain occupations (such as the restrictions on employing women in underground mines and night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress in view of promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the communication dated 23 October 2002 by the International Confederation of Trade Unions (ICFTU) containing comments on the application of the Convention by Zambia, which has been forwarded to the Government. The Committee will address the communication together with any comments that the Government may wish to make on the matters raised therein at its next session. In addition, the Committee hopes that the Government will provide the information requested in its previous comments, which read as follows:

1. The Committee notes the information provided by the Government that the majority of complaints submitted to and handled by the Permanent Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies at places of work. The Committee observes that the Commission has a mandate to investigate human rights violations and to propose effective measures to prevent human rights abuse, but can only make recommendations to the appropriate government agencies, and has no power to enforce its findings beyond making them public. The Committee requests the Government to provide more specific information on the cases that the Commission has dealt with including: (a) the number and alleged causes of discrimination in employment and occupation; and (b) the types of outcomes of the cases, including sanctions and remedies applied. As the Committee previously requested, it would appreciate it if the Government would provide a copy of any decision adopted by the Commission concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention. The Committee also requests the Government to provide information on the activities carried out by the operational committees that have been created under the Human Rights Commission, in particular, the Gender Equality, the Economic, Social and Cultural Rights and Communal and Minority Rights Committees, related to equal opportunities in employment and occupation.

2. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights, 1999-2009, and requests the Government to submit a copy of the Plan to the Office. The Committee also notes that the Commission has made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ associations on human rights standards for workers and employers and on the provisions of the Convention. It also notes that there are several programmes on the delivery of public education and human rights education waiting to be funded by the Government and external partners. The Committee requests the Government to provide information on the development, implementation and impact of activities related to the promotion of equality in employment and occupation. The Committee also wishes the Government to provide information on the actions taken to address racism and xenophobic attitudes in employment and occupation.

3. The Committee notes that the Government has adopted a National Gender Policy designed to fulfil the commitment of ensuring that both men and women have equal opportunities at all levels of development. The Committee notes the institutional mechanisms established to promote gender policy and gender mainstreaming. The Committee requests the Government to provide more information not only relative to the objectives of gender policy, but also on the concrete actions that are being developed in order to reconcile in practice, respect for traditions and customs with the applications of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation. The Committee asks the Government to provide statistics on the situation of women and men on the labour market, their respective participation in the various occupations and statistics on the distribution of men and women in the various sectors, occupations and posts in the public and private sectors.

4. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to effectively contribute to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women that have completed different courses, and hopes that in its next report figures will also be sent indicating the number of men and women that have participated in these courses. The Committee again requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualification required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

5. The Committee notes that the Government has not replied to its previous comment requesting information on the measures that have been taken or are envisaged to promote recruitment, further training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels, and to provide statistics on the number and grades of women and men currently employed in the public service and their posts.

6. The Committee also requests the Government to provide information on any progress achieved in the examination of the national legislation in order to strengthen equality between men and women in employment and occupation assessing whether it is still necessary to prohibit the access of women to certain occupations (such as the restrictions on employing women in underground mines and night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress in view of promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided in the Government’s report.

1. The Committee notes the information provided by the Government that the majority of complaints submitted to and handled by the Permanent Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies at places of work. The Committee observes that the Commission has a mandate to investigate human rights violations and to propose effective measures to prevent human rights abuse, but can only make recommendations to the appropriate government agencies, and has no power to enforce its findings beyond making them public. The Committee requests the Government to provide more specific information on the cases that the Commission has dealt with including: (a) the number and alleged causes of discrimination in employment and occupation; and (b) the types of outcomes of the cases, including sanctions and remedies applied. As the Committee previously requested, it would appreciate it if the Government would provide a copy of any decision adopted by the Commission concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention. The Committee also requests the Government to provide information on the activities carried out by the operational committees that have been created under the Human Rights Commission, in particular, the Gender Equality, the Economic, Social and Cultural Rights and Communal and Minority Rights Committees, related to equal opportunities in employment and occupation.

2. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights, 1999-2009, and requests the Government to submit a copy of the Plan to the Office. The Committee also notes that the Commission has made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ associations on human rights standards for workers and employers and on the provisions of the Convention. It also notes that there are several programmes on the delivery of public education and human rights education waiting to be funded by the Government and external partners. The Committee requests the Government to provide information on the development, implementation and impact of activities related to the promotion of equality in employment and occupation. The Committee also wishes the Government to provide information on the actions taken to address racism and xenophobic attitudes in employment and occupation.

3. The Committee notes that the Government has adopted a National Gender Policy designed to fulfil the commitment of ensuring that both men and women have equal opportunities at all levels of development. The Committee notes the institutional mechanisms established to promote gender policy and gender mainstreaming. The Committee requests the Government to provide more information not only relative to the objectives of gender policy, but also on the concrete actions that are being developed in order to reconcile in practice, respect for traditions and customs with the applications of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation. The Committee asks the Government to provide statistics on the situation of women and men on the labour market, their respective participation in the various occupations and statistics on the distribution of men and women in the various sectors, occupations and posts in the public and private sectors.

4. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to effectively contribute to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women that have completed different courses, and hopes that in its next report figures will also be sent indicating the number of men and women that have participated in these courses. The Committee again requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualification required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

5. The Committee notes that the Government has not replied to its previous comment requesting information on the measures that have been taken or are envisaged to promote recruitment, further training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels, and to provide statistics on the number and grades of women and men currently employed in the public service and their posts.

6. The Committee also requests the Government to provide information on any progress achieved in the examination of the national legislation in order to strengthen equality between men and women in employment and occupation assessing whether it is still necessary to prohibit the access of women to certain occupations (such as the restrictions on employing women in underground mines and night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress in view of promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its previous comments, the Committee notes the Government’s statement in its report that the allowances provided for in Statutory Instruments Nos. 119 and 120 of 1997 apply equally to both men and women workers. Noting that housing allowances are now a subject for negotiation between the employer and the employees or their trade union, the Committee trusts the Government will undertake to ensure that no differences based on sex in relation to housing or other allowances are permitted to be introduced or applied through such agreements.

2. The Committee asks the Government to continue transmitting the texts of collective agreements covering the various sectors and to supply a copy of the collective agreement from the National Pension Scheme Authority, which it referred to as being attached to its report, but which was not received by the Office. The Committee notes the Government’s statement that the future collective agreement between Zambia Oxygen and the National Union of Building Engineering and General Workers will be revised and will state that survival benefits apply to all workers irrespective of sex. It asks the Government to provide a copy of the amended collective agreement with its next report.

3. The Committee notes the Government’s statement that various policies in the fields of education and vocational training have been adopted to promote the employment of women workers in occupations typically dominated by men, such as engineering, motor mechanics, electronic and civil engineering. The Committee therefore once again asks the Government to provide in its next report more detailed information on the specific measures adopted to promote women’s access to vocational training, guidance and counselling and in addition to provide information on any measures that have been taken to promote women workers into decision-making and supervisorial positions generally.

4. The Committee reiterates its request to the Government to keep it informed of any developments respecting the establishment of a labour market information system and to provide any available documentation in this respect. The Committee also reiterates its request for the Government to provide statistical information in its next report, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category. In this regard, the Committee refers the Government to the general observation of 1998 on this Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s report and the attached documentation.

1. Further to its previous comments, the Committee notes the Government’s statement in its report that the allowances provided for in Statutory Instruments Nos. 119 and 120 of 1997 apply equally to both men and women workers. Noting that housing allowances are now a subject for negotiation between the employer and the employees or their trade union, the Committee trusts the Government will undertake to ensure that no differences based on sex in relation to housing or other allowances are permitted to be introduced or applied through such agreements.

2. The Committee asks the Government to continue transmitting the texts of collective agreements covering the various sectors and to supply a copy of the collective agreement from the National Pension Scheme Authority, which it referred to as being attached to its report, but which was not received by the Office. The Committee notes the Government’s statement that the future collective agreement between Zambia Oxygen and the National Union of Building Engineering and General Workers will be revised and will state that survival benefits apply to all workers irrespective of sex. It asks the Government to provide a copy of the amended collective agreement with its next report.

3. The Committee notes the Government’s statement that various policies in the fields of education and vocational training have been adopted to promote the employment of women workers in occupations typically dominated by men, such as engineering, motor mechanics, electronic and civil engineering. The Committee therefore once again asks the Government to provide in its next report more detailed information on the specific measures adopted to promote women’s access to vocational training, guidance and counselling and in addition to provide information on any measures that have been taken to promote women workers into decision-making and supervisorial positions generally.

4. The Committee reiterates its request to the Government to keep it informed of any developments respecting the establishment of a labour market information system and to provide any available documentation in this respect. The Committee also reiterates its request for the Government to provide statistical information in its next report, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category. In this regard, the Committee refers the Government to the general observation of 1998 on this Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government as well as the attached documentation, collective agreements and statistical information.

1. The Committee notes the information on the determination of rates of remuneration and, in particular, the general Statutory Instrument (general) No. 119 and the Statutory Instrument (shop workers) No. 120 of 1997 concerning the minimum wages and conditions of employment. It notes with interest that the clauses relating to the payment of employment-related benefits contained in these statutory instruments are drawn up in terms which are not prejudicial to the persons concerned on the grounds of sex. The Committee, however, wishes to draw the Government's attention to section 14 of Statutory Instrument No. 119 concerning transport allowances and section 16 of Statutory Instrument No. 120 concerning repatriation allowances, which may be interpreted in a way that such allowances are given only to male employees. The Committee refers to its previous comments regarding the use of gender-neutral terms in collective agreements, and requests the Government to indicate whether the abovementioned allowances are granted to both male and female employees covered by the respective statutory instruments.

2. Concerning the payment of housing allowances, the Committee notes the information provided by the Government that the law on the matter has been altered and that the terms of the new text do not take into consideration the sex of the workers concerned. The Committee also notes the Government's statement that in dealing with collective agreements, it is ensuring that no discrimination of any kind, particularly on the basis of sex is entertained. It draws the Government's attention to clause 17.2 of the collective agreement concluded between Mpongwe Development Company Limited and the National Union of Plantation Agricultural Workers of the Zambia Congress of Trade Unions on Conditions of Employment (1998-2000) on housing allowances, which provides that "married female employees living with their working or housed husband or whose husband is in receipt of a housing allowance will not be entitled to housing or a housing allowance". The Committee recalls that section 108 of the Industrial and Labour Relations Act, 1993 (Act No. 27 of 1993) prohibits the imposition of any penalty or disadvantage on employees on the grounds of, among others, sex and marital status. The Committee would like the Government to clarify whether or not married male employees still receive a housing allowance if their wife is working or is in receipt of such an allowance. It further requests the Government to indicate the measures that have been taken to ensure that housing benefits are granted under conditions which are not based on the sex of the employee.

3. With reference to its previous comments, the Committee notes the Government's statement that the collective agreement concluded for the period 1 August 1996 to 31 July 1998 between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers has been dissolved, and that presently employers in the financial sector have individual collective agreements. In this regard, the Committee notes with interest that the attached collective agreements concluded for this sector do not contain any clauses granting benefits that differentiate on the basis of sex. It requests the Government to continue to transmit the texts of collective agreements covering the various sectors.

4. With regard to the collective agreements concluded by the enterprise "Zambia Textiles Limited" with the National Union of Commercial and Industrial Workers and "Zambia Oxygen Limited" and the National Union of Building, Engineering and General Workers, which grant certain survival benefits (special leave and cash, repatriation, ...) only to male employees, whose spouse, parent or child dies, or to the dependants of a male employee who has died, the Committee notes the Government's statement that in reality the surviving spouse is granted these benefits regardless of the sex of the worker. The Committee requests the Government to indicate the measures that have been taken to promote conformity of the above collective agreements (with the Convention and national legislation), as regards the granting of benefits without taking into consideration the sex of the workers concerned.

5. The Committee notes from the statistics compiled by Zambia Consolidated Copper Mines (ZCCM) on the distribution of men and women by skill category as of May 1996, that the very small proportion of women working in the sector are mainly employed at the professional level. The statistics also show that no women are employed at the managerial level and no male employees are working in the secretarial skill category. The Committee wishes to draw the Government's attention to the fact that the situation of women in the labour market, and in particular their concentration in so-called female sectors and occupations, is one of the origins of inequalities in remuneration between men and women. In this connection, the Committee refers to paragraph 6 of the Equal Remuneration Recommendation, 1951 (No. 90) which calls for a variety of measures to raise the productive efficiency of women as a means to facilitate the application of the principle of equal remuneration. The Committee notes the Government's statement that in terms of vocational training, vocational guidance and counselling, it is the policy to encourage more and more women to take advantage of the facilities available as a way of raising their productive efficiency. The Committee requests the Government to provide more detailed information on the specific measures taken to increase access of women to vocational training and guidance and counselling as a means to narrow the wage gap between men and women. It would also be grateful if the Government could provide statistical information, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category.

6. The Committee notes the Government's statement that work with regard to the establishment of a labour market information system is in progress (with possible assistance of the ILO and the World Bank). The Committee refers to its general observation of 1998 on this Convention which underlines the importance of statistical data to assist the Committee in evaluating the application of the Convention, and requests the Government to keep it informed of any further developments in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the amendments made to the 1991 Constitution by Act No. 18/1996, and particularly the addition of Part IX respecting the directive principles of state policy, which includes article 112(j) establishing the right of every person to fair labour practices, and Part XII establishing a Human Rights Commission. The Government had indicated that the Human Rights Commission's functions include the provision of information on the national policy for the promotion of equality of opportunity and treatment in general; the Committee requests the Government to provide detailed information on the public education and information programmes on non-discrimination in employment which have been implemented by the above body since its establishment in 1996. According to the Government's statements, under Act No. 39/1996, one of the functions of the Human Rights Commission is to investigate human rights violations and propose effective measures to prevent them. The Committee would therefore be grateful if the Government would provide a copy of any decision adopted by the abovementioned body concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention.

2. The Committee however regrets that the Government has not also used this opportunity to amend article 23, paragraph 4(c) and (d), of the Constitution, under which the protection against discrimination on grounds of race, tribe, sex, place of origin, marital status, political opinions, colour or creed, set out in article 23 of the Constitution does not apply to any law respecting adoption, marriage, divorce, burial, inheritance, etc., or to the customary law of a particular race or tribe. The Committee of Experts notes that the United Nations Human Rights Committee considered, in its concluding observations in 1996 (CCPR/C/79/Add.62, paragraphs 3 and 9), that the remnants of certain traditions and customs constitute an obstacle to the effective implementation of the International Covenant on Civil and Political Rights, particularly with regard to equality between men and women, and that it expressed its concern over the situation of women who, despite some advances, continue to be de jure and de facto the object of discrimination as regards, among other matters, education and access to work. The Committee would therefore be grateful if the Government would indicate the manner in which it reconciles in practice respect for traditions and customs with the application of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation.

3. The Committee takes due note of the Government's statement to the effect that vocational training is free of any forms of discrimination prohibited by the Convention. However, the Committee wishes to recall that experience shows that discriminatory practices in respect of training rarely originate in legislative provisions or regulations that are expressly of a discriminatory nature: more commonly it arises out of practices based on stereotypes affecting mainly women or certain disadvantaged or minority groups of society. The Committee also wishes to point out that, according to the information provided in the report, the implementation of processes of economic liberalization and privatization, in the framework of the structural adjustment programme, has considerably reduced employment opportunities. The Government indicates that this phenomenon has led to increased competition between men and women on the labour market and that only the best trained have access to employment. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualifications required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

4. The Committee notes the Government's statement to the effect that, in the public service, employment is based on merit, qualification and experience and that promotions are decided upon by a commission, on the recommendation of heads of departments. The Committee recalls the importance of the State's responsibility in pursuing a policy of opportunity and treatment in respect of employment under its control and it requests the Government to indicate the measures which have been taken or are envisaged in respect of recruitment, further training and promotion to ensure the representation of women at all levels of the public service, including the higher levels, and to provide statistics on the number and grades of the women currently employed in the public service, particularly in positions of responsibility.

5. Finally, the Committee notes the fact that the Government is currently reviewing all of its laws to remove any discriminatory provisions relating to equality between the sexes. The Committee notes in this respect that it is envisaging removing the restriction on employing women in underground mines and on night work; it requests the Government to examine this possibility in consultation with the social partners, and particularly with women workers. It takes this opportunity to draw the Government's attention to the provisions on these matters contained in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations; and (c) the ILO resolution on equal opportunities and equal treatment for men and women in employment, 1985.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government, particularly on the methods of determining rates of remuneration, as well as the attached documentation and the information on labour inspection contained in the annual reports of the Department of Labour, in reply to its previous comments.

1. The Committee notes the information that Statutory Instrument No. 61 of 1990 (to which reference was made in its previous observation) has been repealed and replaced by Statutory Instrument No. 140 of 1993, under the terms of which the issue of the payment of housing allowances is no longer prescribed by the Government, but is determined by the social partners. While noting this transfer of responsibility, the Committee trusts that the Government, when exercising its control over the legality of the content of collective agreements under the terms of section 71(2) of the Industrial and Labour Relations Act of 1993, will endeavour in particular to ensure that the clauses relating to the payment of housing allowance (and more generally of other benefits) are drawn up in terms which are not prejudicial to the persons concerned on the grounds of their sex. The Committee requests the Government to transmit the text of Statutory Instrument No. 140 of 1993, which it states was attached to its report, but which has not been received.

2. The Committee notes with interest that the new collective agreement concluded for the period 1 August 1996 to 31 July 1998 between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers abolishes former clause 19, which provided that a "married male employee in group 1 shall receive a marriage allowance of K20 a month upon production of a satisfactory documentary proof of marriage", which was in violation of both section 108 of the Industrial and Labour Relations Act, 1993, and the principle of equal remuneration for men and women workers for work of equal value, set out in the Convention. The Committee also notes the Government's statement that it is ensuring that no collective agreements award marriage allowances or any other benefits that differentiate on the basis of sex.

3. With regard to the collective agreement concluded by the enterprise "Zambia Textiles Limited" with the National Union of Commercial and Industrial Workers, the Committee notes that in clause 21(3)(1) of this agreement it is provided that in the event of the death of a legal wife, mother, father and a child below the age of 18 years, the employee benefits from special leave with remuneration of two weeks and a loan; furthermore, under the terms of clause 22(2), the employee also benefits from financial assistance from the enterprise (purchase of a coffin, transport expenses, financial assistance, firewood, etc.). In the same way, the Committee draws the Government's attention to clause 6(08) of the collective agreement concluded between the company "Zambia Oxygen Limited" and the National Union of Building, Engineering and General Workers, which provides that in the event of the death of an employee, his wife and children under the age of 18 years shall be entitled to repatriation. The Committee requests the Government to provide information on the measures that have been taken to ensure that these benefits are granted under conditions which do not discriminate as to the sex of the employees, that is to female employees whose spouse, parent or dependent child dies or to the dependants of a female employee who dies. In more general terms, the Committee reminds the Government that such discrimination could be avoided by the systematic use of terms which do not discriminate on the grounds of the sex of the worker concerned (General Survey of 1986 on equal remuneration, paragraph 240). Recalling that section 108 of the Industrial and Labour Relations Act, 1993 (Act No. 27 of 1993) prohibits the imposition of any penalty or disadvantage on employees on the grounds of sex and marital status, among others, the Committee requests the Government to indicate the measures that have been taken to guarantee the conformity of the above collective agreements, as regards the granting of benefits without taking into consideration the sex of the workers concerned, in respect of the Convention and the above national labour legislation. Finally, the Committee requests the Government to continue transmitting the texts of collective agreements covering the various sectors.

4. The Committee notes that the statistics on the distribution of women and men in the classifications compiled by the Zambia Consolidated Copper Mines (ZCCM) were not received with the report. It therefore requests the Government to transmit them with its next report.

5. The Committee notes the Government's statement that the Organization and Methods Office of the Public Service (also called the Permanent Job Evaluation Office), the function of which is to provide advice to management on the economically efficient and effective use of human and material resources, does not play a role in the application of the principle of equal remuneration, responsibility for which lies with the Ministry of Labour and Social Security. In this respect, the Committee once again draws the Government's attention to paragraph 6 of the Equal Remuneration Convention, 1951 (No. 90), which suggests various measures to raise the productive efficiency of women as a means of facilitating the application of the principle contained in the Convention.

6. In its previous comments, the Committee noted that the difficulties encountered by many governments in the application of the Convention appeared to be caused by a number of factors, including a lack of knowledge of the true situation due to the unavailability or inadequacy of data and research in this field. It also reminded the Government that it could obtain the advice and technical assistance of the ILO in order to document more exactly the nature and extent of existing inequalities and devise measures to eliminate them. The Committee therefore notes with interest that the Government has contacted the ILO and the World Bank with a view to establishing a labour market information system, and it would be grateful to be kept informed of the result of these contacts.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information submitted by the Government in its report, including court decisions in cases involving discrimination in employment on various grounds covered by the Convention and statistics showing the improving rates of enrolment by sex in vocational and higher education.

1. The Committee notes with interest the information included in the Government's reports on the Convention on the elimination of all forms of discrimination against women (CEDAW) (UN documents CEDAW/C/ZAM 1-2 of November 1991 and CEDAW/C/ZAM 1-2/Amend. 1 of September 1992) on the establishment within the National Commission for Development Planning of a Women in Development Department.

2. The Committee notes the Government's description in these CEDAW reports of an important number of obstacles to women's full participation in the labour force, including: a lack of support systems for child care which forces women who found a family to leave employment; the negative impact of structural adjustment on employment opportunities, which affects women to a greater extent than men; and the heavy involvement of women in the informal sector, which tends to feature unfavourable working conditions, limited opportunities for re-training and advancement and, in certain cases, the risk of legal sanctions. The Committee asks the Government to describe any measures initiated by the Women in Development Department (or other bodies) to facilitate women's equal access to employment opportunities in the formal sector.

3. Recalling that the principle of equality of opportunity applies to all sectors of work, including the informal sector, the Committee requests the Government to ensure, within the means available, that any assistance to the informal sector, including the provision of credit and opportunities for educational and vocational training, is available in practice without discrimination based on any of the grounds of the Convention, including sex.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report and attached documentation in response to the Committee's previous comments.

1. Referring to its observation, the Committee requests the Government to indicate the action taken to ensure the application of section 7 of the Employment Regulations, as amended by Statutory Instrument No. 61 of 1990.

2. Further to its previous comments, the Committee notes that the copy of the Memorandum of Collective Agreement between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers (published in the Government Gazette, Vol. XXV, No. 64 of 29 May 1989) forwarded by the Government with the present report - which appears to have replaced the terms of an earlier agreement published as Gazette Notice No. 376 of 1989 - still provides in clause 19 that a "married male employee in group 1 shall receive a marriage allowance of K20 a month upon production of a satisfactory documentary proof of marriage". The Committee further notes that while the above-mentioned agreement was due to remain in force from 1 January 1989 until 31 December 1990, the Memorandum sets out conditions for its continuance beyond that period (paragraphs (b), (c) and (e) of the preamble). In case the agreement has continued in force, the Committee requests the Government to provide information on the action taken to ensure that the marriage allowance granted under clause 19 of this agreement is payable under the gender-neutral terms required by the Convention. In this regard, the Committee has noted with interest that section 108 of the Industrial and Labour Relations Act, 1993 (Act No. 27 of 1993), proscribes the imposition of any penalty or disadvantage on employees on the grounds of sex and marital status, among others. Accordingly, the Committee also requests the Government to indicate the action taken to ensure compliance both with the Convention and with the above-mentioned national labour legislation of all other collective agreements which award marriage allowances or any other benefits that differentiate on the basis of sex.

3. The Committee requests the Government to provide copies of recent collective agreements (concluded in a number of different industries) that have been registered under the provisions of the Industrial and Labour Relations Act, 1993.

4. The Committee notes that an evaluation of jobs carried out in the "ZCCM" by the Copper Industry Services Board was undertaken with a view to place and pay employees according to the value of their work, irrespective of sex. It hopes that the Government will be able to provide information in its next report concerning the distribution of women and men in the classifications determined through this evaluation.

5. Noting from the report that the principal function of the Organization and Methods Office of the public service is to provide advice to management on the economically efficient and effective use of human and material resources, the Committee requests the Government to indicate whether that Office therefore plays a role in ensuring the application of the principle of the Convention. In this regard, the Committee refers the Government to Paragraph 6 of the Equal Remuneration Recommendation (No. 90), 1951, which suggests various measures to raise the productive efficiency of women as a means of facilitating the application of the principle of the Convention.

6. While appreciating that limited financial and human resources have curtailed activities to assess the application of the Convention (as might be done through studies or by the systematic collection and analysis of statistical data), the Committee remarked - in its 1990 General Observation - upon the difficulties encountered by governments in applying the Convention when they lack knowledge of the true situation due to the unavailability or inadequacy of data and research. It also reminded governments on that occasion of the possibility of obtaining the advice and assistance of the International Labour Office in regard to documenting the nature and extent of existing inequalities and to devising measures to remedy any problems. In the light of these considerations, the Committee hopes that the Government will consider taking action, in collaboration with employers' and workers' organizations, to ascertain the extent to which the Convention is being implemented in practice.

7. The Committee hopes that the Government will supply copies of those annual reports (for the years 1988 to 1991) of the Department of Labour which, at the time of reporting, were being printed together with any others available; and that full information will be provided on the measures taken by labour inspectors to ensure the application of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest that section 7(2) of the Employment Regulations, 1966, which relieved employers of the obligation of providing housing or paying a rent allowance in respect of married employees living with their husbands, has been amended by the Employment (Amendment) (No. 2) Regulations, 1990 (Statutory Instrument No. 61 of 1990). The amended section is drafted in a gender-neutral way, providing that in the case of a married couple in employment, only one spouse, as the couple may decide, shall be provided with housing and an employer shall pay a rent allowance to the spouse who is not provided with housing.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's statement to the effect that a new collective agreement recently concluded between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers, which is valid for the period 1 January 1989 to 31 December 1990, cancels the marriage allowance paid to married male employees in group I. Since this document was not attached to the report, the Committee requests the Government to supply a copy of it with its next report.

2. The Committee notes the statistics supplied by the Government concerning job evaluations carried out in 1990 in a number of divisions and units of the "ZCCM" by the Copper Industry Services Bureau. The Committee requests the Government to state whether these evaluations were undertaken with the intention of applying the principle set out in the Convention and, if so, to supply information on the criteria used for the evaluations. It would be grateful if the Government would supply information on the number and nature of the jobs held by women in the units of the "ZCCM" with an indication of the distribution of men and women employed at different levels. It once again requests the Government to include in its next report a description of the activities of the Organization and Methods Office in the public service, and the Management Services Board for the evaluation of jobs according to the principle set out in the Convention.

3. The Committee also requests the Government to supply full particulars in its next report concerning the application in practice of the Convention, including: (i) the salary scales applicable in the public sector, under the general conditions of service of the public service and the specific conditions of service of public and semi-public administrations, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the wage rates and average actual earnings of men and women established by collective agreements, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women; and (iii) information concerning any surveys or studies undertaken or contemplated with a view to determining the reasons for wage disparities, as well as the measures taken or envisaged as follow-up to these studies.

4. The Committee requests the Government to continue to supply information on the measures taken by labour inspectors to ensure or promote the application of the Convention and to attach a copy of the Department of Labour's annual report.

5. The Committee notes that the new Industrial Relations Act of 23 January 1991 makes it compulsory to inform works councils of decisions taken by employers affecting, inter alia, job evaluation (section 106) and gives them the right of veto over certain decisions (the recruitment of new employees and the assessment of their salaries and the payment of bonuses and incentives: section 107). The Committee requests the Government to inform it of any cases in which the problem of the application in practice of these provisions has already arisen.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee takes note of the information contained in the Government's report and of the attached legal texts and court decisions.

1. In particular it notes the protection against discrimination contained in article 23(4)(c) of the Constitution and the Government's indication that there are no laws which establish differential treatment on any of the grounds listed therein, as set out in article 23(3) of the Constitution, on matters directly or indirectly covered by the Convention. Noting that the Industrial Relations Act No. 36 of 1990 repeals and replaces the Industrial Relations Act, 1971, and provides (in section 129(2)) alleged victims of discrimination on grounds of race, colour, sex, marital status, religion, political opinion or affiliation, tribal extraction or social status with a complaint procedure before the Industrial Relations Court, the Committee asks the Government to provide information in future reports on any cases brought under this provision.

2. Noting that the Government supplies statistics on the range of vocational and technical courses and enrolment according to sex, and not information on measures taken to encourage women to enrol in such courses oriented towards developing skills in fields traditionally dominated by men, the Committee requests the Government to supply in its next report such statistics and information so that it may follow the progress achieved in promoting equal opportunities for women in vocational training.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments regarding the need to amend the Industrial Relations Act, 1971 in light of the new Constitution, so as to provide protection against discrimination in access to employment on the basis of political opinion, the Committee notes with satisfaction that under section 129(2) of the Industrial Relations Act No. 36 of 1990 (which repeals and replaces the Industrial Relations Act, 1971), any prospective employee who has reasonable cause to believe that he has been discriminated against on the grounds of his political opinion or affiliation, may lay a complaint before the Industrial Relations Court.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the report of the Government in reply to its previous direct request.

1. The Committee notes that under subsection 4(c) of article 23 of the Constitution the prohibition to afford different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinion, colour or creed shall not apply to laws with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law. The Committee would be grateful if the Government would provide information on any laws which establish differential treatment on any of the above grounds on matters which fall, either directly or indirectly, within the field of the Convention.

2. The Committee is grateful to the Government for the information supplied to its previous request concerning vocational training courses and enrolment according to sex. The Committee notes with interest the wide range of technical courses offered and that approximately 35 per cent of the students enrolled were women. It notes however that in 35 courses there were no women enrolled. The Committee requests the Government to continue to supply statistical information on the types of courses offered and the enrolment according to sex so that it may follow the progress achieved in promoting equal opportunities for women in vocational training. It also requests the Government to indicate any measures contemplated or taken to encourage women to enrol in vocational training courses oriented towards developing skills in fields traditionally dominated by men, and the results achieved.

3. The Committee requests the Government to supply copies of the Teaching Service Commission Regulations, the Police and Prison Service Regulations, the Public Service Commission Regulations and the Judicial Service Commission Regulations to which the Government referred in its report as being attached, but which were not received by the Office.

4. Further to its previous comments concerning section 114 of the Industrial Relations Act, 1971, the Committee requests the Government to indicate whether any amendments are contemplated or have been made to protect against discrimination in access to employment on the basis of political opinion in light of the adoption of the new Constitution.

5. The Committee once again asks the Government to provide with its next report copies of any judicial decisions and authoritative interpretations, including decisions issued by the Industrial Relations Court, within the field of the Convention, which concern discriminatory practices under articles 11 and 23 of the Constitution and under section 114(2) of the Industrial Relations Act.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes with satisfaction that the new Constitution, Act No. 1 of 24 August 1991, no longer makes reference to the United National Independence Party as the only political party and provides that every person in Zambia, whatever his race, place of origin, political opinions, colour, creed, sex, or marital status, is entitled to fundamental rights and freedoms, including freedom of conscience, expression, assembly, movement and association. Therefore there is no longer a legal basis for the application of distinctions, exclusions or preferences in employment and occupation based on political opinion.

The Committee also notes with satisfaction the inclusion in the new Constitution of the terms "sex" and "marital status" amongst the grounds on which discrimination is unlawful under article 23 of the Constitution.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information provided by the Government in its report and the documentation annexed thereto.

1. The Committee notes the texts of several collective agreements annexed to the Government's report. It notes that section 19 of the joint Council Collective Agreement between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers for the period 1 January 1989 to 31 December 1990 provides that a marriage allowance shall be paid to married male employees in group 1. The Committee requests the Government to supply information in its next report on the measures taken or contemplated to apply the principle of equal remuneration in this respect to men and women workers under the above-mentioned collective agreement.

2. The Committee notes that section 15 of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 1989 provides that retirement benefits shall be granted to women as from the age of 50 years and to men from the age of 55 years. Please indicate what measures may be contemplated to bring these provisions into conformity with the principle of the Convention.

3. The Committee notes from the Government's report that in government service there is a permanent job evaluation office known as the Organisation and Methods Office; that other sectors are served by the Management Services Board and the Copper Industry Services Bureau; and that job evaluation is an ongoing exercise in both the public and the private sectors. It requests the Government to include in its next report detailed information on the activities of the Organisation and Methods Office, the Management Services Board, and the Copper Industry Services Bureau, and to provide examples of job classification schemes for sectors employing a large number of women.

4. The Committee notes that no cases of discrimination in remuneration on the basis of sex were detected by the inspectorate during the period under review. It requests the Government to continue to supply information on action taken by labour inspectors to ensure the application of the Convention, and to include a copy of the Department of Labour Annual Reports. The Committee would also be grateful if the Government would communicate in its next report any available statistics of wages of men and women, respectively, in different jobs and at different grades, along with an indication of jobs in which women form a high proportion of the workforce.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous comment the Committee referred to conditions of employment in the public sector and requested that the Government provide information with respect to protection in the public service from discrimination on the grounds of sex and political opinion. The Committee also requested the Government to provide information on any complaints raised and investigations made on alleged discriminatory practices in the public service or state dependent bodies or services.

The Government indicates in its report that according to article 25 of the Constitution of Zambia, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour or creed, whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. The Government points out that in the discharge of its duties the Public Service Commission, let alone the Government, cannot make or do an act which is discriminatory in nature. The Constitution of Zambia, the Government indicates, recognises and declares that every person in Zambia is entitled to the fundamental rights and freedoms of an individual whatever his race, place of origin, political opinions, colour, creed or sex. This being the case, the Public Service Commission must have regard to the articles on fundamental rights and freedoms of individuals enshrined in article 13 of the Constitution.

The Government indicates that there have been no complaints from the civil service of alleged discriminatory practices; however, a few such complaints from state dependent bodies and services have been lodged with the Industrial Relations Court alleging discrimination mainly on grounds of social status with an element of tribal extraction. Between January 1986 and December 1987, the Court handled a total of 60 cases of alleged discriminatory practices in the parastatal and private organisations.

The Committee takes due note of these indications.

(a)With respect to discrimination on the basis of political opinion, the Committee notes that both articles 13 (declaration of fundamental rights and freedoms) and 25 (protection from discrimination) are subject to article 4(2) of the Constitution which provides that nothing contained in the Constitution shall be construed as to entitle any person lawfully to form or attempt to form any political party or organisation other than the United National Independence Party, or to belong to, assemble or associate with, or express opinion or do any other thing in sympathy with, such political party or organisation.

Referring to the explanations in paragraphs 57 to 63 of the 1988 General Survey on Equality in Employment and Occupation, the Committee requests the Government to indicate what measures have been taken in respect of article 4(2) of the Constitution so as to ensure that public servants are not discriminated against in their employment on the basis of expressing or otherwise acting upon their political opinion, and to promote in the private sectors a similar protection from discrimination on the grounds of political opinion.

(b) With respect to equality of opportunity and treatment in the public service irrespective of sex, the Committee requests that the Government provide full information, including judicial decisions and/or other authoritative interpretations, regarding the practical application of articles 25 and 13 of the Constitution of Zambia. In particular, the Committee asks that the Government provide full information on the apparent inconsistency in protection provided under these two articles, noting particularly that article 25 (providing explicit protection from laws which are discriminatory) does not include sex as a protected basis, although article 13 (establishing fundamental rights and freedoms) does.

2. The Committee in its previous comment requested the Government to provide statistical data, reports, studies, etc., showing the relative importance of men and women in employment in general and in top positions in particular. It also requested the Government to provide information on measures to promote vocational training of women and the results achieved.

The Committee notes the Government's indication that statistical data on the ratio of women to men in both general employment and vocational training programmes are not available. The Government indicates that due to a vigorous national policy to promote equality of opportunity and treatment women are gradually beginning to fill top positions in society, noting that women hold positions in the Central Committee of the ruling United National Independence Party, the National Assembly, and high levels of the civil service and parastatal bodies. With regard to vocational training the Government indicates that a very high priority has been assigned to development of educational and training facilities through the introduction of free education and the setting up of educational, vocational and technical training institutions all over the country; that enrolment in these vocational and technical institutions is based solely on the academic attainment and aptitude of individuals; and that these institutions have produced many women who compete favourably with men in the fields of medicine, engineering, teaching, the civil service, and many other economic and social activities and professions.

Taking due note of these indications, the Committee asks the Government to provide more concrete information in its future reports regarding measures taken and results of efforts to promote its policy of equal opportunity in employment and occupation, with particular regard to participation throughout all segments of the active population and access to all levels and types of educational and vocational training programmes. It would be most useful if the Government would provide, for example, a list of educational and vocational training facilities, including a brief description of the courses and training offered at each, and the numbers of persons of each sex enrolled and graduated at each during a recent year.

3. In its previous comment, the Committee requested the Government to provide information on employment recruitment and selection procedures and on labour inspectors' action to prevent or redress discriminatory practices in employment and occupation.

In its report the Government indicates that the Department of Labour runs employment services throughout the country, that although the use of these services is voluntary, employing concerns - be it government departments, parastatal or private undertakings - are encouraged to use these facilities for notification of vacancies and recruitment of labour.

In the public sector the Government indicates that selection and recruitment of labour is done through the Public, Police and Prisons, Teaching Service, and Judiciary Service Commissions. In areas not covered by these four Commissions, selection and recruitment is done directly by the employing concerns. In all cases, individuals apply direct to the institution responsible for employment. A selection is made by the institution concerned on the basis of interviews and qualifications to fill basic requirements of the job. Any apparent discriminatory practices can be redressed in accordance with the provisions of article 29 of the Constitution.

The Committee notes the information provided by the Government. Referring to comments made in point 1 above, it also asks the Government to send with its next report laws, regulations, or rules which govern the procedure and operation of the Commissions charged with selection of labour named above.

4. The Committee, having previously noted that section 114 of the Industrial Relations Act, 1971 does not provide for protection against discrimination in access to employment on grounds of political opinion, requested the Government to provide information on measures adopted or contemplated to ensure in accordance with the Convention access to employment without discrimination based on political grounds. The Committee further requested the Government to provide information on complaints raised before the Industrial Relations Court under section 114(2) of the Industrial Relations Act on grounds of discrimination referred to in the Convention, in particular on grounds of political opinion, on the outcome of the proceedings, including copies of the relevant Court decisions published for public information in the Zambian Gazette.

With respect to access to employment without discrimination based on political grounds, the Committee notes the Government's indication that it is correct that section 114 of the Industrial Relations Act protects only those already in employment. The Government further indicates that those who are seeking employment and feel that they have been discriminated against may however seek redress as provided for under article 29 of the Constitution.

The Committee asks that the Government provide information on complaints raised before the Industrial Relations Court under section 114(2) of the Industrial Relations Act, as well as under article 29 of the Constitution, on grounds of discrimination referred to in the Convention, in particular on grounds of political opinion, and on the outcome of such proceedings, including copies of relevant Court decisions published for public information in the Zambian Gazette.