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

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

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.

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

Article 1 of the Convention. Protection of workers against discrimination. Legislation. In its previous observation, the Committee noted that the Employment Amendment Act of 2015 (“Act of 2015”) and the Constitution of Zambia (Amendment) Act, 2016 do not refer to the grounds of “national extraction” and “social origin” set out in Article 1(1)(a) of the Convention. It also noted that the Act of 2015 only refers to discrimination in case of termination of employment under section 36(3). The Committee therefore requested the Government: (1) to provide updated information on the practical application of section 36(3) of the Employment Act, including a copy of any court decisions on cases where dismissal was based on prohibited grounds, more particularly on the ground of “social status” in order to enable the Committee to assess its meaning in practice; and (2) to strengthen its efforts to give full legislative expression to the principle of the Convention by defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation with respect to all the grounds set out in Article 1(1)(a) of the Convention and to provide information on any progress made in this regard. The Committee notes with satisfaction that the Employment Code Act, adopted in 2019, at section 5, prohibits direct and indirect discrimination against an employee or a prospective employee “in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment”. Section 5(2) of the Act lists the following grounds of prohibited discrimination: “colour, nationality, tribe or place of origin, language, race, social origin, religion, belief, conscience, political or other opinion, sex, gender, pregnancy, marital status, ethnicity, family responsibility, disability, status, health, culture or economic grounds”. Although national extraction is not expressly referred to, it appears to be covered by the grounds of “tribe or place of origin”. The Committee also notes that section 5(5) provides that a person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty unit. Following the adoption of the Employment Code Act, 2019, the Employment Act Cap 268 of the laws of Zambia, and its Amendment of 2015, were repealed. Welcoming this legislative development, the Committee requests the Government to provide information on the application in practice of the provisions of Employment Code Act, 2019, regarding discrimination, including the number and type of offences for which fines have been applied pursuant to section 5(5) of the Act, and examples of cases of discrimination based on the grounds of “tribe or place of origin” which have been addressed under the Act, with a view to allowing the Committee to ascertain the scope of these grounds in practice.

Articles 2 and 3. National equality policy. The Committee notes the Government’s information about the development of a national policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to provide information on any developments concerning the formulation and adoption of the national equality policy and encourages it to consult the social partners and other interested groups with regard to the formulation of such policy in order to ensure its relevance, raise awareness about its existence, promote its wider acceptance and ownership, and enhance its effectiveness.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Article 1 of the Convention. Definition of discrimination. The Committee previously noted 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 the ground of “social status” may have a narrower meaning that the ground of “social origin” set out in the Convention. The Committee notes that, as a result of the adoption of the Employment Amendment Act in 2015, the new section 36(3) of the Employment Act provides that “race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion or affiliation, ethnicity, tribal affiliation or social status of the employee” cannot constitute a valid reason for termination. It further notes the adoption of the Constitution of Zambia (Amendment) Act, 2016, which provides that equality and non-discrimination are part of the national values and principles and defines “discrimination” as meaning “directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status” (sections 8 and 266). While welcoming the inclusion of the ground of “colour” in both new laws, the Committee notes that despite its previous recommendations the new provisions do not refer to the grounds of “national extraction” and “social origin” set out in Article 1(1)(a) of the Convention. The Committee further notes that, while the Government previously indicated that the new Employment Act would contain a comprehensive definition of discrimination, the Act only refers to discrimination in case of termination of employment. The Committee wishes to emphasize that the principle of equality of opportunity and treatment should apply to all aspects of employment and occupation which include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, as provided for in Article 1(3) of the Convention. It recalls that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee requests the Government to provide updated information on the practical application of section 36(3) of the Employment Act, including a copy of any court decisions on cases where dismissal was based on prohibited grounds, more particularly on the ground of “social status” in order to enable the Committee to assess its meaning in practice, and the remedies provided. In light of the legislative developments referred to in its comments under the Equal Remuneration Convention, 1951 (No. 100), concerning the current elaboration of a Labour Code, the Committee requests the Government to strengthen its efforts to give full legislative expression to the principle of the Convention by defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation with respect to all the grounds set out in Article 1(1)(a) of the Convention and to provide information on any progress made in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual Harassment. The Committee previously noted that sexual harassment was only addressed through the Penal Code and that amendment of section 137A(1) was planned to incorporate provisions of the Anti-Gender Based Violence Act, 2011, to extend the offence of sexual harassment against children in the workplace to an offence of sexual harassment “against a person”, and the setting up of a Fast-Track Court to deal with the delays in dispensing of cases of gender-based violence in the court system. The Committee notes the Government’s indication that the revision process of section 137A(1) of the Penal Code is still ongoing. The Committee notes with interest the adoption of the Gender Equity and Equality Act, on 23 December 2015, which prohibits both quid pro quo and hostile working environment sexual harassment and provides that the Gender Equity and Equality Commission has the power to order any remedies or compensation (section 42(5)). It further notes that section 40 of the Act provides that the Government shall develop and implement appropriate policy and procedures to entitle victims of sexual harassment to have access to appropriate disciplinary and grievance procedures and that employers have an obligation to implement and communicate to all persons, including employees, on such procedures. The Committee however notes that, in the framework of the Universal Periodic Review, the United Nations country team recently stated that, while perpetrators of sexual harassment in the private and public sectors had been prosecuted, employers in such cases had not been held accountable for failure to protect women employees (A/HRC/WG.6/28/ZMB/2, 28 August 2017, paragraph 36). The Committee requests the Government to provide information on the practical application of sections 39 and 40 of the Gender Equity and Equality Act, 2015, including on appropriate policies and awareness-raising measures implemented to address all forms of sexual harassment in employment and occupation, as well as to provide information on the number of complaints filed and the remedies provided. The Committee once again requests the Government to supply a copy of the relevant clauses of the Public Service Disciplinary Code defining sexual harassment and discrimination.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 the 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 affirmation that the Amendment Bill will contain a comprehensive definition of discrimination. The Committee hopes that the final text of the Employment Act (Amendment Bill) will include a definition of discrimination covering all of the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction, colour and social origin, and all aspects of employment and occupation, and once again requests the Government to provide information on progress made in this respect.

Sexual harassment. The Committee recalls the absence of provisions on sexual harassment in the draft Employment Act (Amendment Bill). The Committee notes from the Government’s report the measures taken to address sexual violence against women, including the review of the Penal Code to incorporate provisions of the Anti-Gender Based Violence Act 2011, the proposed amendment of section 137A(1) of the Code to extend the offence of sexual harassment against children in the workplace to an offence of sexual harassment “against a person”, and the setting up of a Fast-Track Court to deal with the delays in dispensing of cases of gender-based violence in the court system. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, and the fact that criminal law generally does not focus on the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee notes that the Anti-Gender Based Violence Act 2011 addresses gender-based violence against “a house-help in the household of the respondent” (section 3). The Committee requests the Government to ensure that the definition in the draft Employment Act (Amendment Bill) includes both quid pro quo as well as hostile environment sexual harassment in employment and occupation, and to adopt comprehensive measures, including effective complaints procedures and awareness raising, to prevent and address all forms of sexual harassment in employment and occupation. It also requests the Government to provide information on progress made in amending section 137A(1) of the Penal Code and establishing the Fast Track Court. The Committee once again requests the Government to supply a copy of the relevant clauses of the Public Service Disciplinary Code defining sexual harassment and discrimination.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes from the Labour Force Survey that horizontal job segregation is evident in several sectors including manufacturing (69 per cent men); construction (96 per cent men); transportation and storage (92 per cent men); professional, scientific and technical activities (65 per cent men); and public administration, defense and compulsory social security (78 per cent men). It also notes that the predominately female sector concerns “activities of household as employers” where 80 per cent of those employed are women. The Survey shows that men comprise 72.6 per cent of management positions and 75.2 per cent of technician and associate professional positions, while in elementary occupations women hold 66.2 per cent of the positions. The Committee notes the Government’s indication that special bursaries have been introduced in the science, technology, engineering and mathematics sectors generally dominated by men, in order to increase the pool from which female employees can be drawn. The Government further indicates that the Citizens Economic Empowerment Commission (CEEC) approved 36 per cent of the empowerment resources for “women promoted enterprises”. The Committee requests the Government to continue to provide information on the measures taken, and their impact, to address the segregation of women and men in certain occupations and sectors and to ensure their equal opportunities in all sectors of the economy and in vocational training and education. Please include detailed information on participation in, and results achieved by the bursary programme to increase the pool of women candidates in the science, technology, engineering and mathematics sectors; the policy of allocating 30 per cent of university places to women in male dominated fields of study and the affirmative action (re-entry) policy. The Committee also requests the Government to continue to provide information on the implementation and results of the activities of the CEEC targeting women.

Public service. The Committee notes from the statistics provided by the Government for the public service (as of 31 July 2014) that men are overrepresented 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. The Committee once again requests the Government to provide information on measures taken and results achieved in the promotion of gender equality in the public service, as well as on any obstacles encountered in their implementation. The Committee further requests the Government to continue to provide statistics on the distribution of men and women in the public service.

Other grounds of discrimination. The Committee notes the Government’s statement that the CEEC does not discriminate on any of the listed grounds in the Citizens Economic Empowerment Act 2006 (section 6(1)) in its delivery of empowerment services. The Committee requests the Government to provide information on any empowerment services delivered by 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, and the results achieved through such action.

Enforcement. The Committee notes the Government’s intention to raise awareness of the principle of non-discrimination among lawyers, judges and relevant public officials over the course of 2015 as funds are made available. The Committee requests the Government to provide information on steps taken and results achieved in this regard, including activities of the labour inspectorate to promote and enforce the principle of non-discrimination. Please also indicate steps taken or envisaged to strengthen the Human Rights Commission and to facilitate access to Industrial Court proceedings and other dispute mechanisms in cases of discrimination.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(1)(a) of the Convention. Definition of discrimination. The Committee notes that the definition of discrimination in the draft Employment Act (Amendment Bill) does not appear to include the grounds of national extraction and colour. The ground of “social status” may have a narrower meaning than the ground of “social origin” mentioned in the Convention. The Committee recalls that legislation prohibiting and defining discrimination in employment and occupation should cover all the grounds set out in Article 1(1)(a) of the Convention. The Committee further notes that the draft Employment Act (Amendment Bill) does not include provisions on sexual harassment at work. Noting that the National Gender Policy addresses this form of sex discrimination, the Committee asks the Government to ensure that the final text of the new Employment Act includes provisions defining and prohibiting sexual harassment and that its definition of discrimination covers the grounds of national extraction, colour and social origin.

Articles 2 and 3. Adoption of equality legislation. The Committee notes with interest the adoption of the Citizens Economic Empowerment Act, No. 9, of 2006, which establishes the Citizens Economic Empowerment Commission (CEEC) and the Citizens Economic Empowerment Fund. The Committee notes that the Act aims to promote the economic empowerment of targeted citizens, citizen-empowered companies, citizen-influenced companies and citizen-owned companies; to promote gender-equality in accessing, owning, managing, controlling economic resources; to remove social customs, statutory provisions or other practices that limit access to any particular gender to skills training that is essential to the effective participation in the economic sector; to promote the employment of both genders by removing structural and discriminatory constraints that hinder any particular gender from employment opportunities and, in doing so, ensure equitable income distribution; to promote equal opportunities of targeted citizens, and citizen-empowered companies, citizen-influenced companies, and citizen-owned companies in accessing and being awarded procurement contracts and other services from State institutions. The Committee notes that the Act defines “targeted citizen” as a citizen who is or has 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 and disability. Status is defined as including “age, HIV/AIDS status or other diseases, disability, social standing, economic standing or rural or urban location”. The Committee asks the Government to provide information on the application in practice of the Citizens Economic Empowerment Act, No. 9, of 2006, as well as on the activities carried out by the CEEC to promote equality of opportunity in employment and occupation with respect to race, sex, educational background, status and disability.

Access to employment and occupation. The Committee notes from the Labour Force Survey of 2007 (LFS) that men are the majority in all occupational categories, except for agriculture, forestry and fisheries, where women represent 52.3 per cent of the workers. Women further represent half of the workers in clerical and related occupations and slightly over 41 per cent of the sales and administrative and managerial occupations. The occupations with the highest proportion of men are production-related occupations (76.9 per cent) followed by professional, technical and related occupations (70.9 per cent) and services (65 per cent). In rural areas, no women work in service occupations and only 26.2 per cent of them work in administrative or managerial occupations. Results also show that more women (53 per cent) than men (26 per cent) are unpaid family workers, and that women have a higher unemployment and underemployment rate than men, with the highest underemployment rate in the agriculture, forestry and fisheries industries (90.4 per cent). The Committee notes from the report on the Equal Remuneration Convention, 1951 (No. 100), that the National Gender Policy (NGP) envisages measures aimed at: (a) removing barriers that prevent women’s effective participation in formal and informal employment; and (b) ensuring equal employment opportunities in all sectors of the economy. The Committee asks the Government to provide information on the measures taken, and their impact, under the NGP to address the segregation of women in certain occupations and sectors and to ensure their equal opportunities in all sectors of the economy.

Access to vocational training and education. The Committee notes from the LFS 2007, that gender imbalances cut across all educational levels with those with no educational level at all recording the widest gender imbalance towards women. The highest level of education attained by persons working in the agriculture and related industries, which is dominated by women, is primary education. The industries that employed most people with university education are finance, insurance and real estate (17.9 per cent), community, social and personal services (17.1 per cent), mining and quarrying (16.8 per cent) and electricity, gas and water (18 per cent). However, except for the community, social and personal services industries, no women are being employed in these industries. The Committee notes that the NGP provides for measures aimed at devising mechanisms to ensure equal access of women to effective skills training, retraining and counselling and placement services that are inclined to stereotype employment perceived to be suitable only to women. The Committee also notes that the Government has been promoting access of girls to education and has undertaken awareness campaigns on sensitizing girls at high school level on the benefits of enrolling for occupations currently dominated by men such as engineering and construction. The Committee encourages the Government to continue its efforts to promote access of girls to education and training, including their enrolment in occupations that are currently predominated by men. The Committee asks the Government to provide information, including sex-disaggregated statistics, on the impact of the measures taken under the NGP to ensure equal access of women and girls to effective skills training, retraining and counselling.

Public service. The Committee notes with interest the Service Commission’s policies and procedures for the employment in the public service of June 2003, attached to the Government’s report. It notes that the policies define “gender imbalances” as “inequalities arising from prejudices which exist between men and women which have no bearing on their performance in the public service”. It notes that section 4 of Part II of the policies provide 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 had previously noted, in this regard, some of the measures taken to promote women in decision-making positions in the public service. The Committee asks the Government to provide information, including statistics on the distribution of men and women, on the results achieved by its equality policy in the public service, as well as on any obstacles encountered in implementing this policy.

Enforcement. The Committee notes from the Government’s report that, in 2008, only two cases concerning discrimination were recorded at the Industrial Relations Court, and that the Human Rights Commission received 25 cases on discrimination between May 2006 and April 2008. The Committee further notes the Government’s statement that information on the principle of non-discrimination is being disseminated through its labour inspection programme. Unfortunately, copies of these cases have not been received by the Office nor has the Government provided further details on the content and the impact of the labour inspectorate’s efforts to promote the principle of non-discrimination in employment. The Committee, therefore, requests the Government to provide more detailed information on the activities of the labour inspectorate to promote and enforce the principle of non-discrimination, as well as any other steps taken to raise awareness of the principle among workers’ and employers’ organizations, lawyers, judges and relevant public officials. Please also provide more detailed information on the cases handled by the Industrial Relations Court and the Human Rights Commission.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(1)(a) of the Convention. Definition of discrimination. The Committee notes that the definition of discrimination in the draft Employment Act Amendment Bill does not appear to include the grounds of national extraction and colour. The ground of “social status” may have a narrower meaning than the ground of “social origin” mentioned in the Convention. The Committee recalls that legislation prohibiting and defining discrimination in employment and occupation should cover all the grounds set out in Article 1(1)(a) of the Convention. The Committee further notes that the draft Employment Act Amendment Bill does not include provisions on sexual harassment at work. Noting that the National Gender Policy addresses this form of sex discrimination, the Committee asks the Government to ensure that the final text of the new Employment Act includes provisions defining and prohibiting sexual harassment and that its definition of discrimination covers the grounds of national extraction, colour and social origin.

Articles 2 and 3. Adoption of equality legislation. The Committee notes with interest the adoption of the Citizens Economic Empowerment Act, No. 9, of 2006, which establishes the Citizens Economic Empowerment Commission (CEEC) and the Citizens Economic Empowerment Fund. The Committee notes that the Act aims to promote the economic empowerment of targeted citizens, citizen-empowered companies, citizen-influenced companies and citizen-owned companies; to promote gender-equality in accessing, owning, managing, controlling economic resources; to remove social customs, statutory provisions or other practices that limit access to any particular gender to skills training that is essential to the effective participation in the economic sector; to promote the employment of both genders by removing structural and discriminatory constraints that hinder any particular gender from employment opportunities and, in doing so, ensure equitable income distribution; to promote equal opportunities of targeted citizens, and citizen-empowered companies, citizen-influenced companies, and citizen-owned companies in accessing and being awarded procurement contracts and other services from State institutions. The Committee notes that the Act defines “targeted citizen” as a citizen who is or has 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 and disability. Status is defined as including “age, HIV/AIDS status or other diseases, disability, social standing, economic standing or rural or urban location”. The Committee asks the Government to provide information on the application in practice of the Citizens Economic Empowerment Act, No. 9, of 2006, as well as on the activities carried out by the CEEC to promote equality of opportunity in employment and occupation with respect to race, sex, educational background, status and disability.

Access to employment and occupation. The Committee notes from the Labour Force Survey of 2007 (LFS) that men are the majority in all occupational categories, except for agriculture, forestry and fisheries, where women represent 52.3 per cent of the workers. Women further represent half of the workers in clerical and related occupations and slightly over 41 per cent of the sales and administrative and managerial occupations. The occupations with the highest proportion of men are production-related occupations (76.9 per cent) followed by professional, technical and related occupations (70.9 per cent) and services (65 per cent). In rural areas, no women work in service occupations and only 26.2 per cent of them work in administrative or managerial occupations. Results also show that more women (53 per cent) than men (26 per cent) are unpaid family workers, and that women have a higher unemployment and underemployment rate than men, with the highest underemployment rate in the agriculture, forestry and fisheries industries (90.4 per cent). The Committee notes from the report on the Equal Remuneration Convention, 1951 (No. 100), that the National Gender Policy (NGP) envisages measures aimed at: (a) removing barriers that prevent women’s effective participation in formal and informal employment; and (b) ensuring equal employment opportunities in all sectors of the economy. The Committee asks the Government to provide information on the measures taken, and their impact, under the NGP to address the segregation of women in certain occupations and sectors and to ensure their equal opportunities in all sectors of the economy.

Access to vocational training and education. The Committee notes from the LFS 2007, that gender imbalances cut across all educational levels with those with no educational level at all recording the widest gender imbalance towards women. The highest level of education attained by persons working in the agriculture and related industries, which is dominated by women, is primary education. The industries that employed most people with university education are finance, insurance and real estate (17.9 per cent), community, social and personal services (17.1 per cent), mining and quarrying (16.8 per cent) and electricity, gas and water (18 per cent). However, except for the community, social and personal services industries, no women are being employed in these industries. The Committee notes that the NGP provides for measures aimed at devising mechanisms to ensure equal access of women to effective skills training, retraining and counselling and placement services that are inclined to stereotype employment perceived to be suitable only to women. The Committee also notes that the Government has been promoting access of girls to education and has undertaken awareness campaigns on sensitizing girls at high school level on the benefits of enrolling for occupations currently dominated by men such as engineering and construction. The Committee encourages the Government to continue its efforts to promote access of girls to education and training, including their enrolment in occupations that are currently predominated by men. The Committee asks the Government to provide information, including sex-disaggregated statistics, on the impact of the measures taken under the NGP to ensure equal access of women and girls to effective skills training, retraining and counselling.

Public service. The Committee notes with interest the Service Commission’s policies and procedures for the employment in the public service of June 2003, attached to the Government’s report. It notes that the policies define “gender imbalances” as “inequalities arising from prejudices which exist between men and women which have no bearing on their performance in the public service”. It notes that section 4 of Part II of the policies provide 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 had previously noted, in this regard, some of the measures taken to promote women in decision-making positions in the public service. The Committee asks the Government to provide information, including statistics on the distribution of men and women, on the results achieved by its equality policy in the public service, as well as on any obstacles encountered in implementing this policy.

Enforcement. The Committee notes from the Government’s report that, in 2008, only two cases concerning discrimination were recorded at the Industrial Relations Court, and that the Human Rights Commission received 25 cases on discrimination between May 2006 and April 2008. The Committee further notes the Government’s statement that information on the principle of non-discrimination is being disseminated through its labour inspection programme. Unfortunately, copies of these cases have not been received by the Office nor has the Government provided further details on the content and the impact of the labour inspectorate’s efforts to promote the principle of non-discrimination in employment. The Committee, therefore, requests the Government to provide more detailed information on the activities of the labour inspectorate to promote and enforce the principle of non-discrimination, as well as any other steps taken to raise awareness of the principle among workers’ and employers’ organizations, lawyers, judges and relevant public officials. Please also provide more detailed information on the cases handled by the Industrial Relations Court and the Human Rights Commission.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Practical application. In its previous comments, the Committee sought information on the extent to which complaints concerning employment discrimination are being brought before the competent bodies and tribunals and the outcomes of such proceedings. The Committee notes from the Government’s report that in 2005 the Human Rights Commission received a total of 125 complaints, out of which three were discrimination cases. However, no information on the facts and outcome of the cases has been provided. In order to enable the Committee to assess whether the current legislation and its implementation and enforcement provide effective protection from employment discrimination in practice, the Committee requests the Government to provide information on any cases concerning discrimination in employment and occupation dealt with by the Human Rights Commission, as well as the Industrial Relations Court and other tribunals, and to provide information on the facts and outcomes of these cases. Taking into account the apparently low number of discrimination cases being brought, the Committee also reiterates its previous request to the Government to indicate whether consideration has been given to raising awareness of the principle of non-discrimination among workers and employers, as well as lawyers, judges and relevant public officials through education programmes, training or workshops.

2. Sexual harassment. The Committee notes that the Government considers sexual harassment at work as a form of gender-based violence. A victim support unit to assist victims of gender-based violence has been established, training has been provided to human resource practitioners and gender focal points, and a media sensitization campaign has been launched. Further, the Committee notes from the proceedings of the United Nations Committee on Economic, Social and Cultural Rights that legislation was under preparation concerning gender-based violence (E/C.12/2005/SR.5, paragraph 18). The Committee urges the Government to include provisions in its legislation preventing and prohibiting sexual harassment at work, and requests the Government to provide information on the measures taken in this respect.

3. National policy to promote equality of opportunity in employment and occupation. The Committee notes the general information provided by the Government concerning the National Plan of Action for Human Rights (1999‑2009) and the National Gender Policy. It requests the Government to indicate whether any specific measures or activities are being implemented under these instruments to promote equality of opportunity and treatment in employment and occupation.

4. Vocational training. The Committee notes from the Government’s report that the Ministry of Science, Technology and Vocational Training was working to establish an easily accessible local information network on vocational training. It also notes the Government’s indication that promoting women’s access to vocational training was a priority. The Committee requests the Government to continue to provide detailed statistical information reflecting the progress made in increasing the participation of girls and women in vocational training. In this regard, please also indicate the progress made in promoting access of girls and women to training for occupations currently dominated by men.

5. Public service. The Committee notes with interest that the Government has taken a number of measures to achieve a target of 30 per cent women in decision-making position in the public service, including a new performance appraisal system that eliminates the previous reporting model that was seen as inhibiting women’s promotion into senior positions, and a positive action policy. The report indicates that in 2006, 18 per cent of the senior management positions in the public service were held by women. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity of treatment of men and women in the public service as well as information on the results achieved by such action, including statistical information on the distribution of men and women in public service employment at various levels.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Practical application. The Committee notes the Government’s statement that there is no discrimination on the basis of gender, race, ethnicity, religion or otherwise, in respect of awarding employment and occupation or in education and training. However, in its previous comments, the Committee noted that the majority of cases submitted and handled by the Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies in the workplace. The Committee further notes that in its report to the Committee on the Elimination of Racial Discrimination (CERD/C/452/Add.6/Rev.1, 21 March 2005), the Government indicated that although cases have been lodged with the Industrial Relations Court, complainants have failed to prove racial discrimination. The Committee recalls that the absence of complaints concerning discrimination or the lack of judicial or administrative decisions establishing employment discrimination can not necessarily be taken as an indication of the absence of discrimination. The Committee underlines the importance of raising awareness of the principle of non-discrimination among workers and employers, as well as judges and other public officials, and of providing assistance to persons considering themselves victims of discrimination. In this respect, the Committee previously noted that the Commission had made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ organizations on human rights standards and on the provisions of the Convention. The Committee asks the Government to indicate whether it has acted on any of these proposals and it encourages the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment and occupation that appear before the Human Rights Commission and the Industrial Relations Court.

2. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

3. The Committee notes, with regret, that the Government’s report does not reply to any of the other issues raised in the Committee’s previous comments. The Committee is therefore bound to repeat its previous request which raises the following points:

(a)  Article 2 of the Convention. National policy. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights (1999-2009) and requests the Government to provide information on the content of the plan in relation to the promotion of the principle of the Convention. The Committee further notes that the Government has adopted a National Gender Policy designed to ensure that both men and women have equal opportunities at all levels of development. It asks the Government to provide information on the development, implementation and impact of all these activities and hopes the Government will also indicate what actions it has taken to address discrimination on the basis of all the grounds of the Convention, other than sex.

(b)  Vocational training. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to contribute effectively to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women who have completed different courses and it reiterates its request that the Government should include in its next report figures indicating how many men and women are in fact enrolled in these courses. The Committee again requests the Government to indicate what measures it has taken or envisages to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualifications required for a particular job.

(c)  Article 3(d). Employment under the control of a national authority. The Committee reiterates its request to the Government to provide information on the measures taken or envisaged to promote recruitment, training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels and to include statistics in its next report on the number, grades and posts of women and men currently employed in the public service.

(d)  Article 5. Special measures of protection or assistance. Please provide information on any progress achieved in the examination of national legislation to assess whether it is still necessary to prohibit the access of women to certain occupations (such as underground mining or night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress with a view to promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 Resolution on Equal Opportunities and Equal Treatment for Men and Women in Employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.

The Committee trusts that the Government will make every effort to provide the information requested in its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the communication dated 23 October 2002 by the International Confederation of Trade Unions (ICFTU) containing comments on the application of the Convention by Zambia, which has been forwarded to the Government. The Committee will address the communication together with any comments that the Government may wish to make on the matters raised therein at its next session. In addition, the Committee hopes that the Government will provide the information requested in its previous comments, which read as follows:

1. The Committee notes the information provided by the Government that the majority of complaints submitted to and handled by the Permanent Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies at places of work. The Committee observes that the Commission has a mandate to investigate human rights violations and to propose effective measures to prevent human rights abuse, but can only make recommendations to the appropriate government agencies, and has no power to enforce its findings beyond making them public. The Committee requests the Government to provide more specific information on the cases that the Commission has dealt with including: (a) the number and alleged causes of discrimination in employment and occupation; and (b) the types of outcomes of the cases, including sanctions and remedies applied. As the Committee previously requested, it would appreciate it if the Government would provide a copy of any decision adopted by the Commission concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention. The Committee also requests the Government to provide information on the activities carried out by the operational committees that have been created under the Human Rights Commission, in particular, the Gender Equality, the Economic, Social and Cultural Rights and Communal and Minority Rights Committees, related to equal opportunities in employment and occupation.

2. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights, 1999-2009, and requests the Government to submit a copy of the Plan to the Office. The Committee also notes that the Commission has made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ associations on human rights standards for workers and employers and on the provisions of the Convention. It also notes that there are several programmes on the delivery of public education and human rights education waiting to be funded by the Government and external partners. The Committee requests the Government to provide information on the development, implementation and impact of activities related to the promotion of equality in employment and occupation. The Committee also wishes the Government to provide information on the actions taken to address racism and xenophobic attitudes in employment and occupation.

3. The Committee notes that the Government has adopted a National Gender Policy designed to fulfil the commitment of ensuring that both men and women have equal opportunities at all levels of development. The Committee notes the institutional mechanisms established to promote gender policy and gender mainstreaming. The Committee requests the Government to provide more information not only relative to the objectives of gender policy, but also on the concrete actions that are being developed in order to reconcile in practice, respect for traditions and customs with the applications of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation. The Committee asks the Government to provide statistics on the situation of women and men on the labour market, their respective participation in the various occupations and statistics on the distribution of men and women in the various sectors, occupations and posts in the public and private sectors.

4. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to effectively contribute to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women that have completed different courses, and hopes that in its next report figures will also be sent indicating the number of men and women that have participated in these courses. The Committee again requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualification required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

5. The Committee notes that the Government has not replied to its previous comment requesting information on the measures that have been taken or are envisaged to promote recruitment, further training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels, and to provide statistics on the number and grades of women and men currently employed in the public service and their posts.

6. The Committee also requests the Government to provide information on any progress achieved in the examination of the national legislation in order to strengthen equality between men and women in employment and occupation assessing whether it is still necessary to prohibit the access of women to certain occupations (such as the restrictions on employing women in underground mines and night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress in view of promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the communication dated 23 October 2002 by the International Confederation of Trade Unions (ICFTU) containing comments on the application of the Convention by Zambia, which has been forwarded to the Government. The Committee will address the communication together with any comments that the Government may wish to make on the matters raised therein at its next session. In addition, the Committee hopes that the Government will provide the information requested in its previous comments, which read as follows:

1. The Committee notes the information provided by the Government that the majority of complaints submitted to and handled by the Permanent Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies at places of work. The Committee observes that the Commission has a mandate to investigate human rights violations and to propose effective measures to prevent human rights abuse, but can only make recommendations to the appropriate government agencies, and has no power to enforce its findings beyond making them public. The Committee requests the Government to provide more specific information on the cases that the Commission has dealt with including: (a) the number and alleged causes of discrimination in employment and occupation; and (b) the types of outcomes of the cases, including sanctions and remedies applied. As the Committee previously requested, it would appreciate it if the Government would provide a copy of any decision adopted by the Commission concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention. The Committee also requests the Government to provide information on the activities carried out by the operational committees that have been created under the Human Rights Commission, in particular, the Gender Equality, the Economic, Social and Cultural Rights and Communal and Minority Rights Committees, related to equal opportunities in employment and occupation.

2. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights, 1999-2009, and requests the Government to submit a copy of the Plan to the Office. The Committee also notes that the Commission has made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ associations on human rights standards for workers and employers and on the provisions of the Convention. It also notes that there are several programmes on the delivery of public education and human rights education waiting to be funded by the Government and external partners. The Committee requests the Government to provide information on the development, implementation and impact of activities related to the promotion of equality in employment and occupation. The Committee also wishes the Government to provide information on the actions taken to address racism and xenophobic attitudes in employment and occupation.

3. The Committee notes that the Government has adopted a National Gender Policy designed to fulfil the commitment of ensuring that both men and women have equal opportunities at all levels of development. The Committee notes the institutional mechanisms established to promote gender policy and gender mainstreaming. The Committee requests the Government to provide more information not only relative to the objectives of gender policy, but also on the concrete actions that are being developed in order to reconcile in practice, respect for traditions and customs with the applications of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation. The Committee asks the Government to provide statistics on the situation of women and men on the labour market, their respective participation in the various occupations and statistics on the distribution of men and women in the various sectors, occupations and posts in the public and private sectors.

4. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to effectively contribute to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women that have completed different courses, and hopes that in its next report figures will also be sent indicating the number of men and women that have participated in these courses. The Committee again requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualification required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

5. The Committee notes that the Government has not replied to its previous comment requesting information on the measures that have been taken or are envisaged to promote recruitment, further training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels, and to provide statistics on the number and grades of women and men currently employed in the public service and their posts.

6. The Committee also requests the Government to provide information on any progress achieved in the examination of the national legislation in order to strengthen equality between men and women in employment and occupation assessing whether it is still necessary to prohibit the access of women to certain occupations (such as the restrictions on employing women in underground mines and night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress in view of promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided in the Government’s report.

1. The Committee notes the information provided by the Government that the majority of complaints submitted to and handled by the Permanent Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies at places of work. The Committee observes that the Commission has a mandate to investigate human rights violations and to propose effective measures to prevent human rights abuse, but can only make recommendations to the appropriate government agencies, and has no power to enforce its findings beyond making them public. The Committee requests the Government to provide more specific information on the cases that the Commission has dealt with including: (a) the number and alleged causes of discrimination in employment and occupation; and (b) the types of outcomes of the cases, including sanctions and remedies applied. As the Committee previously requested, it would appreciate it if the Government would provide a copy of any decision adopted by the Commission concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention. The Committee also requests the Government to provide information on the activities carried out by the operational committees that have been created under the Human Rights Commission, in particular, the Gender Equality, the Economic, Social and Cultural Rights and Communal and Minority Rights Committees, related to equal opportunities in employment and occupation.

2. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights, 1999-2009, and requests the Government to submit a copy of the Plan to the Office. The Committee also notes that the Commission has made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ associations on human rights standards for workers and employers and on the provisions of the Convention. It also notes that there are several programmes on the delivery of public education and human rights education waiting to be funded by the Government and external partners. The Committee requests the Government to provide information on the development, implementation and impact of activities related to the promotion of equality in employment and occupation. The Committee also wishes the Government to provide information on the actions taken to address racism and xenophobic attitudes in employment and occupation.

3. The Committee notes that the Government has adopted a National Gender Policy designed to fulfil the commitment of ensuring that both men and women have equal opportunities at all levels of development. The Committee notes the institutional mechanisms established to promote gender policy and gender mainstreaming. The Committee requests the Government to provide more information not only relative to the objectives of gender policy, but also on the concrete actions that are being developed in order to reconcile in practice, respect for traditions and customs with the applications of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation. The Committee asks the Government to provide statistics on the situation of women and men on the labour market, their respective participation in the various occupations and statistics on the distribution of men and women in the various sectors, occupations and posts in the public and private sectors.

4. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to effectively contribute to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women that have completed different courses, and hopes that in its next report figures will also be sent indicating the number of men and women that have participated in these courses. The Committee again requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualification required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

5. The Committee notes that the Government has not replied to its previous comment requesting information on the measures that have been taken or are envisaged to promote recruitment, further training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels, and to provide statistics on the number and grades of women and men currently employed in the public service and their posts.

6. The Committee also requests the Government to provide information on any progress achieved in the examination of the national legislation in order to strengthen equality between men and women in employment and occupation assessing whether it is still necessary to prohibit the access of women to certain occupations (such as the restrictions on employing women in underground mines and night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress in view of promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the amendments made to the 1991 Constitution by Act No. 18/1996, and particularly the addition of Part IX respecting the directive principles of state policy, which includes article 112(j) establishing the right of every person to fair labour practices, and Part XII establishing a Human Rights Commission. The Government had indicated that the Human Rights Commission's functions include the provision of information on the national policy for the promotion of equality of opportunity and treatment in general; the Committee requests the Government to provide detailed information on the public education and information programmes on non-discrimination in employment which have been implemented by the above body since its establishment in 1996. According to the Government's statements, under Act No. 39/1996, one of the functions of the Human Rights Commission is to investigate human rights violations and propose effective measures to prevent them. The Committee would therefore be grateful if the Government would provide a copy of any decision adopted by the abovementioned body concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention.

2. The Committee however regrets that the Government has not also used this opportunity to amend article 23, paragraph 4(c) and (d), of the Constitution, under which the protection against discrimination on grounds of race, tribe, sex, place of origin, marital status, political opinions, colour or creed, set out in article 23 of the Constitution does not apply to any law respecting adoption, marriage, divorce, burial, inheritance, etc., or to the customary law of a particular race or tribe. The Committee of Experts notes that the United Nations Human Rights Committee considered, in its concluding observations in 1996 (CCPR/C/79/Add.62, paragraphs 3 and 9), that the remnants of certain traditions and customs constitute an obstacle to the effective implementation of the International Covenant on Civil and Political Rights, particularly with regard to equality between men and women, and that it expressed its concern over the situation of women who, despite some advances, continue to be de jure and de facto the object of discrimination as regards, among other matters, education and access to work. The Committee would therefore be grateful if the Government would indicate the manner in which it reconciles in practice respect for traditions and customs with the application of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation.

3. The Committee takes due note of the Government's statement to the effect that vocational training is free of any forms of discrimination prohibited by the Convention. However, the Committee wishes to recall that experience shows that discriminatory practices in respect of training rarely originate in legislative provisions or regulations that are expressly of a discriminatory nature: more commonly it arises out of practices based on stereotypes affecting mainly women or certain disadvantaged or minority groups of society. The Committee also wishes to point out that, according to the information provided in the report, the implementation of processes of economic liberalization and privatization, in the framework of the structural adjustment programme, has considerably reduced employment opportunities. The Government indicates that this phenomenon has led to increased competition between men and women on the labour market and that only the best trained have access to employment. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualifications required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

4. The Committee notes the Government's statement to the effect that, in the public service, employment is based on merit, qualification and experience and that promotions are decided upon by a commission, on the recommendation of heads of departments. The Committee recalls the importance of the State's responsibility in pursuing a policy of opportunity and treatment in respect of employment under its control and it requests the Government to indicate the measures which have been taken or are envisaged in respect of recruitment, further training and promotion to ensure the representation of women at all levels of the public service, including the higher levels, and to provide statistics on the number and grades of the women currently employed in the public service, particularly in positions of responsibility.

5. Finally, the Committee notes the fact that the Government is currently reviewing all of its laws to remove any discriminatory provisions relating to equality between the sexes. The Committee notes in this respect that it is envisaging removing the restriction on employing women in underground mines and on night work; it requests the Government to examine this possibility in consultation with the social partners, and particularly with women workers. It takes this opportunity to draw the Government's attention to the provisions on these matters contained in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations; and (c) the ILO resolution on equal opportunities and equal treatment for men and women in employment, 1985.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information submitted by the Government in its report, including court decisions in cases involving discrimination in employment on various grounds covered by the Convention and statistics showing the improving rates of enrolment by sex in vocational and higher education.

1. The Committee notes with interest the information included in the Government's reports on the Convention on the elimination of all forms of discrimination against women (CEDAW) (UN documents CEDAW/C/ZAM 1-2 of November 1991 and CEDAW/C/ZAM 1-2/Amend. 1 of September 1992) on the establishment within the National Commission for Development Planning of a Women in Development Department.

2. The Committee notes the Government's description in these CEDAW reports of an important number of obstacles to women's full participation in the labour force, including: a lack of support systems for child care which forces women who found a family to leave employment; the negative impact of structural adjustment on employment opportunities, which affects women to a greater extent than men; and the heavy involvement of women in the informal sector, which tends to feature unfavourable working conditions, limited opportunities for re-training and advancement and, in certain cases, the risk of legal sanctions. The Committee asks the Government to describe any measures initiated by the Women in Development Department (or other bodies) to facilitate women's equal access to employment opportunities in the formal sector.

3. Recalling that the principle of equality of opportunity applies to all sectors of work, including the informal sector, the Committee requests the Government to ensure, within the means available, that any assistance to the informal sector, including the provision of credit and opportunities for educational and vocational training, is available in practice without discrimination based on any of the grounds of the Convention, including sex.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee takes note of the information contained in the Government's report and of the attached legal texts and court decisions.

1. In particular it notes the protection against discrimination contained in article 23(4)(c) of the Constitution and the Government's indication that there are no laws which establish differential treatment on any of the grounds listed therein, as set out in article 23(3) of the Constitution, on matters directly or indirectly covered by the Convention. Noting that the Industrial Relations Act No. 36 of 1990 repeals and replaces the Industrial Relations Act, 1971, and provides (in section 129(2)) alleged victims of discrimination on grounds of race, colour, sex, marital status, religion, political opinion or affiliation, tribal extraction or social status with a complaint procedure before the Industrial Relations Court, the Committee asks the Government to provide information in future reports on any cases brought under this provision.

2. Noting that the Government supplies statistics on the range of vocational and technical courses and enrolment according to sex, and not information on measures taken to encourage women to enrol in such courses oriented towards developing skills in fields traditionally dominated by men, the Committee requests the Government to supply in its next report such statistics and information so that it may follow the progress achieved in promoting equal opportunities for women in vocational training.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments regarding the need to amend the Industrial Relations Act, 1971 in light of the new Constitution, so as to provide protection against discrimination in access to employment on the basis of political opinion, the Committee notes with satisfaction that under section 129(2) of the Industrial Relations Act No. 36 of 1990 (which repeals and replaces the Industrial Relations Act, 1971), any prospective employee who has reasonable cause to believe that he has been discriminated against on the grounds of his political opinion or affiliation, may lay a complaint before the Industrial Relations Court.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the report of the Government in reply to its previous direct request.

1. The Committee notes that under subsection 4(c) of article 23 of the Constitution the prohibition to afford different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinion, colour or creed shall not apply to laws with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law. The Committee would be grateful if the Government would provide information on any laws which establish differential treatment on any of the above grounds on matters which fall, either directly or indirectly, within the field of the Convention.

2. The Committee is grateful to the Government for the information supplied to its previous request concerning vocational training courses and enrolment according to sex. The Committee notes with interest the wide range of technical courses offered and that approximately 35 per cent of the students enrolled were women. It notes however that in 35 courses there were no women enrolled. The Committee requests the Government to continue to supply statistical information on the types of courses offered and the enrolment according to sex so that it may follow the progress achieved in promoting equal opportunities for women in vocational training. It also requests the Government to indicate any measures contemplated or taken to encourage women to enrol in vocational training courses oriented towards developing skills in fields traditionally dominated by men, and the results achieved.

3. The Committee requests the Government to supply copies of the Teaching Service Commission Regulations, the Police and Prison Service Regulations, the Public Service Commission Regulations and the Judicial Service Commission Regulations to which the Government referred in its report as being attached, but which were not received by the Office.

4. Further to its previous comments concerning section 114 of the Industrial Relations Act, 1971, the Committee requests the Government to indicate whether any amendments are contemplated or have been made to protect against discrimination in access to employment on the basis of political opinion in light of the adoption of the new Constitution.

5. The Committee once again asks the Government to provide with its next report copies of any judicial decisions and authoritative interpretations, including decisions issued by the Industrial Relations Court, within the field of the Convention, which concern discriminatory practices under articles 11 and 23 of the Constitution and under section 114(2) of the Industrial Relations Act.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes with satisfaction that the new Constitution, Act No. 1 of 24 August 1991, no longer makes reference to the United National Independence Party as the only political party and provides that every person in Zambia, whatever his race, place of origin, political opinions, colour, creed, sex, or marital status, is entitled to fundamental rights and freedoms, including freedom of conscience, expression, assembly, movement and association. Therefore there is no longer a legal basis for the application of distinctions, exclusions or preferences in employment and occupation based on political opinion.

The Committee also notes with satisfaction the inclusion in the new Constitution of the terms "sex" and "marital status" amongst the grounds on which discrimination is unlawful under article 23 of the Constitution.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous comment the Committee referred to conditions of employment in the public sector and requested that the Government provide information with respect to protection in the public service from discrimination on the grounds of sex and political opinion. The Committee also requested the Government to provide information on any complaints raised and investigations made on alleged discriminatory practices in the public service or state dependent bodies or services.

The Government indicates in its report that according to article 25 of the Constitution of Zambia, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour or creed, whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. The Government points out that in the discharge of its duties the Public Service Commission, let alone the Government, cannot make or do an act which is discriminatory in nature. The Constitution of Zambia, the Government indicates, recognises and declares that every person in Zambia is entitled to the fundamental rights and freedoms of an individual whatever his race, place of origin, political opinions, colour, creed or sex. This being the case, the Public Service Commission must have regard to the articles on fundamental rights and freedoms of individuals enshrined in article 13 of the Constitution.

The Government indicates that there have been no complaints from the civil service of alleged discriminatory practices; however, a few such complaints from state dependent bodies and services have been lodged with the Industrial Relations Court alleging discrimination mainly on grounds of social status with an element of tribal extraction. Between January 1986 and December 1987, the Court handled a total of 60 cases of alleged discriminatory practices in the parastatal and private organisations.

The Committee takes due note of these indications.

(a)With respect to discrimination on the basis of political opinion, the Committee notes that both articles 13 (declaration of fundamental rights and freedoms) and 25 (protection from discrimination) are subject to article 4(2) of the Constitution which provides that nothing contained in the Constitution shall be construed as to entitle any person lawfully to form or attempt to form any political party or organisation other than the United National Independence Party, or to belong to, assemble or associate with, or express opinion or do any other thing in sympathy with, such political party or organisation.

Referring to the explanations in paragraphs 57 to 63 of the 1988 General Survey on Equality in Employment and Occupation, the Committee requests the Government to indicate what measures have been taken in respect of article 4(2) of the Constitution so as to ensure that public servants are not discriminated against in their employment on the basis of expressing or otherwise acting upon their political opinion, and to promote in the private sectors a similar protection from discrimination on the grounds of political opinion.

(b) With respect to equality of opportunity and treatment in the public service irrespective of sex, the Committee requests that the Government provide full information, including judicial decisions and/or other authoritative interpretations, regarding the practical application of articles 25 and 13 of the Constitution of Zambia. In particular, the Committee asks that the Government provide full information on the apparent inconsistency in protection provided under these two articles, noting particularly that article 25 (providing explicit protection from laws which are discriminatory) does not include sex as a protected basis, although article 13 (establishing fundamental rights and freedoms) does.

2. The Committee in its previous comment requested the Government to provide statistical data, reports, studies, etc., showing the relative importance of men and women in employment in general and in top positions in particular. It also requested the Government to provide information on measures to promote vocational training of women and the results achieved.

The Committee notes the Government's indication that statistical data on the ratio of women to men in both general employment and vocational training programmes are not available. The Government indicates that due to a vigorous national policy to promote equality of opportunity and treatment women are gradually beginning to fill top positions in society, noting that women hold positions in the Central Committee of the ruling United National Independence Party, the National Assembly, and high levels of the civil service and parastatal bodies. With regard to vocational training the Government indicates that a very high priority has been assigned to development of educational and training facilities through the introduction of free education and the setting up of educational, vocational and technical training institutions all over the country; that enrolment in these vocational and technical institutions is based solely on the academic attainment and aptitude of individuals; and that these institutions have produced many women who compete favourably with men in the fields of medicine, engineering, teaching, the civil service, and many other economic and social activities and professions.

Taking due note of these indications, the Committee asks the Government to provide more concrete information in its future reports regarding measures taken and results of efforts to promote its policy of equal opportunity in employment and occupation, with particular regard to participation throughout all segments of the active population and access to all levels and types of educational and vocational training programmes. It would be most useful if the Government would provide, for example, a list of educational and vocational training facilities, including a brief description of the courses and training offered at each, and the numbers of persons of each sex enrolled and graduated at each during a recent year.

3. In its previous comment, the Committee requested the Government to provide information on employment recruitment and selection procedures and on labour inspectors' action to prevent or redress discriminatory practices in employment and occupation.

In its report the Government indicates that the Department of Labour runs employment services throughout the country, that although the use of these services is voluntary, employing concerns - be it government departments, parastatal or private undertakings - are encouraged to use these facilities for notification of vacancies and recruitment of labour.

In the public sector the Government indicates that selection and recruitment of labour is done through the Public, Police and Prisons, Teaching Service, and Judiciary Service Commissions. In areas not covered by these four Commissions, selection and recruitment is done directly by the employing concerns. In all cases, individuals apply direct to the institution responsible for employment. A selection is made by the institution concerned on the basis of interviews and qualifications to fill basic requirements of the job. Any apparent discriminatory practices can be redressed in accordance with the provisions of article 29 of the Constitution.

The Committee notes the information provided by the Government. Referring to comments made in point 1 above, it also asks the Government to send with its next report laws, regulations, or rules which govern the procedure and operation of the Commissions charged with selection of labour named above.

4. The Committee, having previously noted that section 114 of the Industrial Relations Act, 1971 does not provide for protection against discrimination in access to employment on grounds of political opinion, requested the Government to provide information on measures adopted or contemplated to ensure in accordance with the Convention access to employment without discrimination based on political grounds. The Committee further requested the Government to provide information on complaints raised before the Industrial Relations Court under section 114(2) of the Industrial Relations Act on grounds of discrimination referred to in the Convention, in particular on grounds of political opinion, on the outcome of the proceedings, including copies of the relevant Court decisions published for public information in the Zambian Gazette.

With respect to access to employment without discrimination based on political grounds, the Committee notes the Government's indication that it is correct that section 114 of the Industrial Relations Act protects only those already in employment. The Government further indicates that those who are seeking employment and feel that they have been discriminated against may however seek redress as provided for under article 29 of the Constitution.

The Committee asks that the Government provide information on complaints raised before the Industrial Relations Court under section 114(2) of the Industrial Relations Act, as well as under article 29 of the Constitution, on grounds of discrimination referred to in the Convention, in particular on grounds of political opinion, and on the outcome of such proceedings, including copies of relevant Court decisions published for public information in the Zambian Gazette.