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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Zambia (Ratification: 1979)

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.