Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Zambia

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 1964)
Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) (Ratification: 1965)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Workmen’s Compensation, the Committee considers it appropriate to examine Convention No. 17 (accidents) and No. 18 (occupational diseases) together.

Convention No. 17. Social protection reform. The Committee notes the information provided by the Government in response to its previous comments, indicating that the Social Protection Bill contains legislation concerning old-age pension, noting however that the bill does not deal with workers’ compensation in case of work accident.

Application of the Convention in practice. In its previous comments, the Committee observed that the average monthly level of employment injury benefits in case of permanent disability, 54 Zambian kwacha (ZMW) was relatively low and requested the Government to provide information concerning the outcome of a study by the Actuary Department of the United Kingdom on the establishment of a minimum pension under the Workers’ Compensation Fund. The Committee notes the Government’s indication that the actuarial valuation carried out by the Actuary Department of the United Kingdom for the period 1 April 2011 to 31 March 2014 recommended a minimum pension of ZMW125. The Committee requests the Government to provide information on measures taken or envisaged to increase the level of compensation in case of permanent incapacity resulting from a work related injury with a view to improving the application of the Convention in practice. The Committee also requests the Government to continue providing statistical information in this regard.

Article 2 of Convention No 18. Schedule of occupational diseases. With reference to its previous comments, the Committee notes that the Government indicates that the bill amending the Workers’ Compensation Act No. 10 of 1999 is still undergoing legislative processes and that, among the regulations drafted, one will relate to the list of diseases, taking into account the ILO Lists of Diseases. The Committee further notes that the Government confirms that the Act currently covers two diseases, which are Pneumoconiosis and Tuberculosis suffered after exposure to silica. The Committee requests the Government to continue providing information on the amendment of the list of occupational diseases with a view to giving full compliance to this provision of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 or Convention No. 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area. The Committee notes that the Government welcomes technical assistance from the Office in this regard and hopes that it will be carried out in the very near future.