Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Zambia (Ratification: 1978)

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that tripartite consultations were held during the reporting period with regard to the possible ratification of the Domestic Workers Convention, 2011 (No. 189). The Government adds that, in 2021, the Tripartite Technical Working Group (TTWG) on domestic workers developed a report reviewing and updating the findings of a gap analysis on Convention No. 189 commissioned by the ILO in 2015 and shared the report with the social partners. Subsequently, on 21 December 2021, the TTWG on domestic work proposed the ratification of Convention No. 189 to the Tripartite Consultative Labour Council (TCLC), which agreed with its ratification. In addition, the Government indicates that, following tripartite consultations, it was agreed to ratify the Violence and Harassment Convention, 2019 (No. 190). A memorandum concerning the ratification of Convention No. 190 was subsequently prepared and submitted to Cabinet Liaison Committee and Minister of Labour as per established procedures. The Government also reports that, while the Maternity Protection Convention, 2000 (No. 183) has not been ratified, some of its provisions are nevertheless being implemented in practice, such as the adoption of nursing breaks and protections against dismissal during maternity leave. Lastly, the Government indicates that tripartite consultations were held in May 2022 within the TCLC in relation to the current pension system reform. It adds that, after consultations with all stakeholders, a draft bill was developed to amend the Workers Compensation Act. Nonetheless, the Committee notes that the Government once again provides no information with respect to tripartite consultations held pursuant to Article 5(1), notably with regard to the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission to the National Assembly of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)), and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee recalls that the Convention requires the Government to hold effective tripartite consultations with the social partners on the specific matters established under Article 5(1) related to the Organization’s standard-setting activities; including proposed texts, the submission to the competent authorities of the instruments which are adopted, their re-examination at appropriate intervals, the reports to be made on ratified Conventions and proposals for the denunciation of ratified Conventions (see General Survey on tripartite consultations, 2000, paragraph 74). The Committee therefore reiterates its request that the Government provide detailed updated information on the content and the outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, including relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). In addition, the Committee also requests the Government to continue providing information on any developments with respect to the possible ratification of Convention No. 189 and Convention No. 190. Moreover, the Committee refers to its 2022 observation on the obligation of submission established under article 19 of the ILO Constitution, in which it requested information on the submission to the National Assembly of the instruments adopted by the International Labour Conference at its 99th, 100th, 101st, 103rd and 104th, 106th and 108th Sessions (2010–19). The Committee requests the Government to report on the content and outcome of tripartite consultations held on the proposals submitted to the National Assembly in relation to the submission of these instruments.The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.