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

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

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

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

Article 5(1)(a)–(e) of the Convention. Effective tripartite consultations. In its 2017 comments, the Committee requested the Government to provide information regarding tripartite discussions covered under the Convention, including those on unratified instruments, such as the Maternity Protection Convention, 2000 (No. 183). The Committee notes the Government’s indication that, through the Ministry of Labour and Social Security (MLSS) and in collaboration with the ILO, it has undertaken broad-based stakeholder consultations on key parameters that will form the foundation of the maternity and paternity protection policy design in Zambia. The Committee notes the main issues discussed in the consultations, including the shared cost of maternity between employers and workers, entitlement to a one-hour nursing break per day, and the extension to domestic workers of equal paid maternity leave benefits. The Government adds that some of the subjects agreed upon have been incorporated into the proposed Labour Code and the National Social Protection Bill. While the Committee welcomes the information provided, it nevertheless recalls that the purpose of the procedures required under the Convention are effective tripartite consultations on the matters set out in Article 5. The Committee therefore requests the Government to provide updated detailed information concerning the content and outcome of tripartite discussions held on the matters related to international labour standards within the scope of Article 5(1) of the Convention, particularly relating to the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee refers to its 2017 Observation on the obligation of submission established under article 19 of the ILO Constitution, in which it requested information on the submission to the National Assembly of the instruments adopted by the International Labour Conference at its 99th, 100th, 101st, 103rd and 104th Sessions (2010–15). The Committee therefore requests the Government to report on the content and outcome of tripartite consultations held on the proposals submitted to the National Assembly in relation to the submission of these instruments.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that questionnaires concerning items on the agenda of the International Labour Conference are circulated to the social partners for comment, and that preparatory meetings are held with the social partners prior to the Conference. The Government adds that tripartite consultations are held within the Tripartite Consultative Labour Council on the proposals to be made to the National Assembly in connection with the submission of ILO Conventions and Recommendations. Reports to be submitted under article 22 of the ILO Constitution are also circulated to the social partners for comment. The Government indicates that the consultations held with respect to the possible ratification of the Maternity Protection Convention, 2000 (No. 183), led to a draft technical working paper that will be included in a tripartite consultation. The Committee notes that consultations at the provincial level with social partners are still ongoing with regard to the ratification of Convention No. 183. The Committee requests the Government to provide updated detailed information in its next report on the content and outcome of tripartite consultations held on matters concerning international labour standards covered by the Convention, including information on the consultations held in respect of unratified Conventions, such as the Maternity Protection Convention, 2000 (No. 183).

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

Article 5 of the Convention. Effective tripartite consultations. The Government indicated in August 2014 that Zambia is pursuing its social dialogue framework which provided for tripartite consultations among social partners on matters concerning the development of the labour market. The Government indicates that consultations were held to discuss the ratification of the Maternity Protection Convention, 2000 (No. 183). It adds that the process is still under careful consideration given the budgetary implications of ratification. The Committee invites the Government to provide information on the content and outcome of the consultations held on all matters concerning international labour standards covered by Article 5(1) of the Convention. It also invites the Government to continue to provide information on the consultations held to re-examine unratified Conventions, specifically the Maternity Protection Convention, 2000 (No. 183).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the Government’s brief report received in October 2012. The Government recalls that the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), were considered during the Tripartite Consultative Labour Council (TCLC) meeting held in January 2011. The Government further indicates that these Conventions were submitted to the Cabinet in 2011 but have yet to be resubmitted to the Cabinet since the new Government was elected in September 2011. The Committee once again invites the Government to provide information in its next report on the content and outcome of the tripartite consultations held by the TCLC on the matters relating to international labour standards listed in Article 5(1) of the Convention and, more specifically, on the questionnaires concerning items on the agenda of the Conference, the submission of instruments adopted by the Conference to the National Assembly, and the reports to be made on the application of ratified Conventions.

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

The Committee notes the Government’s brief report received in September 2011. The Government indicates that the Labour Inspection Convention, 1947 (No. 81), was considered during the Tripartite Consultative Labour Council (TCLC) meeting held in January 2011 and that the Council resolved, inter alia, that the latter Convention and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), be ratified by Zambia. The Committee invites the Government to provide more detailed information in its next report on the content and outcome of the tripartite consultations held by the TCLC on the matters relating to international labour standards listed in Article 5(1) of the Convention, and more specifically, on the questionnaires concerning items of the agenda of the Conference, the submission of instruments adopted by the Conference to the National Assembly, and the reports to be made on the application of ratified Conventions.

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 5(1) of the Convention. Tripartite consultations required by the Convention. The Committee notes the detailed information contained in the Government’s report received in August 2009 in reply to the 2008 observation. The Government indicates that a Tripartite Consultative Labour Council (TCLC) meeting was held on 23 and 24 April 2009 at which items on the agenda at the 98th Session of the Conference were presented. The Committee further notes with interest that the TCLC expressed the need to ratify the Labour Inspection Convention, 1947 (No. 81), as it was observed that this was a critical Convention whose content needed to be applied in light of the massive foreign investment flowing into the country. The Committee invites the Government to continue providing information on the tripartite consultations held by the TCLC on the matters regarding international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Committee notes the detailed information contained in the Government’s report received in August 2009 in reply to the 2008 observation. The Government indicates that a Tripartite Consultative Labour Council (TCLC) meeting was held on 23 and 24 April 2009 at which items on the agenda at the 98th Session of the Conference were presented. The Committee further notes with interest that the TCLC expressed the need to ratify the Labour Inspection Convention, 1947 (No. 81), as it was observed that this was a critical Convention whose content needed to be applied in light of the massive foreign investment flowing into the country. The Committee invites the Government to continue providing information on the tripartite consultations held by the TCLC on the matters regarding international labour standards covered by the Convention.

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

Tripartite consultations required under the Convention. The Committee notes the Government’s statement in its report received which indicates that two Tripartite Consultative Labour Council meetings had been held from February to March 2007. Two major issues were on the meetings’ agendas: the global perspective of the casualization of labour and the review of the country’s labour laws. Particular labour laws which affect the application of the Convention were reviewed and submitted to the Cabinet for adoption, and then to Parliament for enactment. The Committee recalls that it is necessary for the Government to provide, in its report, precise and up to date information on the implementation of the consultation procedures relating to international labour standards so that it can assess the manner in which effect is given to the provisions of this Convention. The Committee therefore requests the Government to submit a report containing precise and up to date information on the content and outcome of the tripartite consultations held, including in the Tripartite Consultative Labour Council, on each of the matters covered by Article 5, paragraph 1, of the Convention.

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

The Committee notes the Government’s statement in its report received in August 2006 on section 79 of the Industrial and Labour Relations Act of 1993 in relation to the Tripartite Consultative Labour Council. As the Committee has been aware of this information for several years and has not been provided with any information on the activities of the Consultative Council since 2001, it recalls that, so that it can assess the manner in which effect is given in practice to the provisions of the Convention, it is necessary for the Government’s report to contain precise and up to date information on the implementation of the consultation procedures. The Committee notes that, under the terms of section 81(2) of the 1993 Act, the Tripartite Consultative Labour Council shall meet at least twice annually and it therefore requests the Government to provide precise and up to date information in its next report on the content and outcome of the tripartite consultations held, including in the Tripartite Consultative Labour Council, on each of the matters covered by Article 5, paragraph 1, of the Convention. Please also provide any relevant information on the application of the Convention in practice (Part V of the report form).

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

The Committee notes with regret 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 consultations held during the period covered by the report on each of the questions set out in Article 5, paragraph 1, of the Convention, and on the nature of all reports and recommendations which arise there from. Please add a general appreciation of the manner in which the Convention is applied in your country.

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 consultations held during the period covered by the report on each of the questions set out in Article 5, paragraph 1, of the Convention, and on the nature of all reports and recommendations which arise therefrom. Please add a general appreciation of the manner in which the Convention is applied in your country.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the detailed information contained in the Government’s report in response to its previous direct request concerning the consultations preceding the denunciation of the Underground Work (Women) Convention, 1935 (No. 45), and the Night Work (Women) Convention (Revised), 1948 (No. 89). It requests the Government to continue to provide information on consultations held during the period covered by its next report on each of the questions set out in Article 5, paragraph 1, of the Convention, and on the nature of all reports and recommendations which arise therefrom. Please add a general appreciation on the manner in which the Convention is applied in your country.

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

The Committee notes the information contained in the Government's report in response to its previous direct request. It notes that every effort is being made to enable the Tripartite Consultative Committee on the application of labour standards to resume its activities. The Committee notes that the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) had been ratified by the Government following consultations undertaken in accordance with Article 5, paragraph 1(c), of the Convention. Full details of these discussions were contained in the Government's previous report. The Committee also notes that consultations are continuing on the question of the ratification of the Equality of Treatment (Social Security) Convention, 1962 (No. 118). In this regard and also in respect of the consultations which, according to the Government, preceded the decision to denounce the Underground Work (Women) Convention, 1935 (No. 45), and the Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (No. 89), the Committee notes that the Government's report is silent on this matter. The Committee therefore wishes to recall that, to enable full appreciation of the effect given to the Convention in practice, the Government is required to provide information as full and detailed as possible on the consultative procedures undertaken. The Committee trusts that the Government will take due note of its comments when preparing future reports.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the Government's report and the information supplied in answer to its previous direct request.

2. It notes with interest the consultations on the subjects referred to in Article 5, paragraph 1(a), (b) and (d), of the Convention as a result of which a decision was taken to ratify the Safety and Health in Mines Convention, 1995 (No. 176).

3. The Committee notes the information to the effect that, owing to logistic problems, the Tripartite Technical Committee of the Tripartite Consultative Labour Council was unable to fulfil its mandate during the period covered by the report. The Government states, however, that every effort is being made to enable it to resume its mandate. The Committee hopes that the Tripartite Technical Committee will be able to resume its work at the earliest possible date, and particularly the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given paragraph 1(c).

4. In this connection and further to its previous comments, the Committee asks the Government to inform it of action taken following the consultations on the ratification of the Equality of Treatment (Social Security) Convention, 1962 (No. 118). It would also appreciate information on the status of the discussions concerning the denunciation of the Underground Work (Women) Convention, 1935 (No. 45) and the Night Work (Women) Convention (Revised), 1948 (No. 89) (and Protocol, 1990).

5. Lastly, the Committee notes the detailed information supplied by the Government on the process of the re-examination of unratified ILO Conventions Nos. 87 and 98. It notes with interest that amendments are to be made to the Industrial and Labour Relations Act to bring it into line with the provisions of the above-mentioned Conventions in particular by removing trade union monopoly from the legislation. In this connection, the Committee wishes to recall that in paragraph 91 of its General Survey of 1994 on freedom of association and collective bargaining, it stated that trade union unity imposed directly or indirectly by law is contrary to the express provisions of Convention No. 87. The Government is asked to keep the Office informed of developments in the consultations on the ratification of Conventions Nos. 87 and 98 resulting from these amendments to the Act.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information in the Government's report.

It notes in particular that consultations have been held on points (a) and (b) of Article 5, paragraph 1, of the Convention.

The Committee none the less recalls that in its previous comments it requested full and detailed information on the work of the Tripartite Consultative Labour Council, particularly on the consultations on each of the questions set out in paragraph 1 of Article 5.

It trusts that the next report will contain specific information on each of the consultations, including their frequency and their results.

Lastly, the Committee notes with interest that the Government intends to publish, in accordance with Article 6, an annual report on the functioning of the consultation procedures provided for in the Convention and would be grateful if the Government would send such reports regularly to the Office.

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

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

It notes in particular the consultations held with regard to points (c) and (e) of Article 5, paragraph 1, of the Convention to examine the question of the ratification of the Equality of Treatment (Social Security) Convention, 1962 (No. 118), and the denunciation of the Underground Work (Women) Convention, 1935 (No. 45), and the Night Work (Women) Convention (Revised), 1948 (No. 89), (and Protocol, 1990).

The Committee would be grateful if the Government would continue to supply detailed information for the period covered by its next report on the consultations undertaken with regard to each of the questions covered by Article 5, paragraph 1. In particular, please supply information on the consultations held to examine Conventions Nos. 87 and 98, which the Government indicated in its letter dated 9 June 1995 to the Director-General, that it had decided to ratify, as well as the consultations held on questions arising out of reports to be made under article 22 of the Constitution of the ILO (Article 5, paragraph 1(d)).

Finally, the Committee hopes that the Government will soon be in a position to provide a copy of the annual report on the working of the consultation procedures, as provided by Article 6, which it stated was in the process of being published.

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

Referring to its former comments, the Committee notes with interest the Government's information in its report on the creation of the Tripartite Consultative Council in 1990. It notes that this Council is being consulted on all questions concerning labour matters, including those concerning ILO activities.

The Committee asks the Government to provide complete and detailed information on the working of the Council as regards the matters covered by the Convention, particularly on the consultations which have taken place on the questions set out in Article 5, paragraph 1, of the Convention, including information as to the frequency of such consultations, and indicate the nature of the reports or recommendations made as a result of them. The Committee also asks the Government to indicate whether it envisages issuing an annual report on the working of the procedures provided for in this Convention.

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

Further to its previous comments, the Committee notes the information provided by the Government, concerning the application of Article 5, paragraph 1, of the Convention.

It also notes with interest that legislation to establish a Tripartite Consultation Council is at an advanced stage. It hopes that the Government will, as stated, provide information in its next report on the above Council, its procedures and the frequency of its meetings.