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

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

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.