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

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

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.