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

Migration for Employment Convention (Revised), 1949 (No. 97) - Zambia (Ratification: 1964)

Statistics on labour migration flows. The Committee notes the general information provided by the Government, in its report, concerning the entries and exits by nationality from January to July 2024. It notes, from the National Labour Migration Strategy (2024–2028), that Zambia is both a country of destination and origin for labour migration. According to the 2022 Zambia Labour Migration Report, a total of 78,009 persons were identified as international migrants, mainly from the Democratic Republic of the Congo, Angola and India, representing 0.8 per cent of the total population. In 2022, 36,309 international migrants were in the labour force while 5,251 migrants were seeking employment. The Committee observes, however, that, among the employed migrant population, 13.3 per cent were employed in the formal sector, while 86.7 per cent were engaged in the informal sector. Noting that the National Labour Migration Strategy 2024–2028 aims at improving the collection and use of data on labour migration, the Committee requests the Government to provide information on any developments in this regard, as well as updated statistical information, disaggregated by sex, age and nationality where available, on: (i) the number of migrant workers in the various economic sectors, both in the formal and informal economy; and (ii) the number of returning nationals who have worked abroad.

Article 1(a) and (b) of the Convention.Information on national policies, laws and regulations on migration. The Committee notes with interest the adoption of: (a) the National Migration Policy (2022) and the National Labour Migration Strategy (2024–2028), the objectives of which include strengthening labour migration governance and the protection, welfare and rights of migrant workers; (b) the Anti-Human Trafficking (Amendment) Act, 2022 and the National Policy on Human Trafficking and Smuggling of Migrants (2022); and (c) the Zambia Diaspora Policy (2019). The Committee requests the Government to provide information on the: (i) implementation of the above legislation and policies (including any challenges identified), as well as any further legislative and policy developments on labour migration; and (ii) concrete results achieved through those policies in ensuring respect for the rights of migrant workers in accordance with the Convention.

Articles 2 and 3. Adequate and free service of assistance, to provide accurate information, and measures against misleading propaganda. The Committee notes that the National Labour Migration Strategy highlights that, despite the licensing system for private employment agencies established under the Employment Code Act, (No. 3 of 2019), labour migration faces several challenges with some employment agencies which remain unregistered and operate illegally and have been practising unethical and unfair recruitment. The National Policy on Human Trafficking and Smuggling of Migrants further highlights that the emergence of inadequately regulated private employment agencies has made prevention of trafficking and smuggling of migrants more challenging as, at times, these agencies also act as middle persons between perpetrators and victims of trafficking. In that regard, the Committee refers to its 2024 observation on the application of the Forced Labour Convention, 1939, (No. 29) and its 2022 direct request on the application of the Private Employment Agencies Convention, 1997 (No. 181). Recalling the crucial role of knowledge and information in preventing abuses against migrant workers and protecting them, the Committee requests the Government to: (i) provide information on the proactive measures taken, within the framework of the above policies or otherwise, to combat misleading propaganda and set up and/or maintain an adequate and free services to assist migrant workers and provide them with accurate information; (ii) describe the functioning of such services, including any difficulties encountered; and (iii) indicate the content and accessibility of the information provided to migrant workers (including languages and communication channels) and the authorities responsible for assisting them domestically and abroad, and specify whether tailored support is available for women.

Article 6(1)(a)(i). Equality of treatment with respect to terms and conditions of employment, including remuneration. The Committee notes with interest that: (1) section 5(2)(a) of the Employment Code Act includes “nationality” as a prohibited ground of discrimination; and (2) section 5(4) provides for equal wages for work of equal value. It notes however that, according to the National Migration Policy and the National Labour Migration Strategy, some of the challenges experienced by different categories of migrant workers include unequal treatment or discrimination compared to national workers and unfair labour practices, such as long working hours and earnings below the minimum wage. The Committee requests the Government to provide information on: (i) any measures taken to ensure that migrant workers can avail themselves of their right to no less favourable treatment, in particular as regards access to justice and legal remedies; and (ii) the number and nature of cases of unequal treatment of migrant workers dealt with by labour inspectors or any other competent authorities and their outcomes.

Regarding the “Zambianisation” policy, which seeks to ensure that foreign nationals are employed only in positions for which no suitably qualified Zambians are available, the Committee notes the Government’s indication that the Employment Code Act addresses this issue by expanding the mandate of the Skills Advisory Committee (SAC). Pursuant to section 65 of the Act, the SAC is competent to provide advices on any measures necessary to ensure that: (1) citizens are accorded priority in respect of an opportunity for employment; (2) affirmative action in employment are taken in favour of citizens; and (3) certain categories of employment are restricted to citizens where it is necessary in the interest of state security. The Committee invites the Government to review periodically the impact of the “Zambianisation” policy to ensure no less favourable treatment of migrant workers with respect to terms and conditions of employment. Please also provide information on the activities of the Skills Advisory Committee regarding priority measures for nationals and restrictions of employment for foreign workers.

Article 6(1)(b). Equality of treatment in respect of social security. The Committee welcomes the Government’s indication that the exemptions of workers employed by Mopani and Konkola Copper Mines from the provisions of the National Pension Scheme (NPS) Act were revoked, and that now both mines are contributing to the NPS on an equal footing with other citizens of Zambia. The Committee also notes that the National Migration Policy highlights the “limited opportunities for portability of social security benefits as one of the challenges experienced by migrants”. The Committee requests the Government: (i) to provide statistical information on the number of migrant workers currently covered under the National Pension Scheme; and (ii) to indicate what specific steps have been taken to facilitate the portability or transferability of social security benefits for migrant workers employed in Zambia or for Zambian workers abroad (any bilateral or multilateral social security agreements being considered or negotiated to address the issue).

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s indication that, in an event of incapacitation, the Immigration and Deportation Act No. 18 of 2010 provides for legal status for any person who wishes to retire in Zambia. The Government adds that the applicant is required to show proof that he/she has a pension or an irrevocable annuity or retirement account from which the person receives a prescribed minimum payment for the rest of that person’s life; or has a minimum prescribed net worth and has paid a prescribed amount in an account in Zambia. The Committee notes that it remains unclear whether the right of residence of migrant workers who have been admitted on a permanent basis – i.e. who hold a residence permit – and who have an incapacity to work, by reason of illness contracted or injury sustained subsequent to entry, is maintained even if they lack of means and have to rely on public funds. The Committee requests the Government to clarify this point.