CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Zimbabwe (RATIFICATION: 1999)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) of 31 August 2017, as well as the Government's reply received on 2 November 2017.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication, in its report, that the Gender Commission initiated an investigation into sexual harassment at tertiary institutions and is engaging with them to develop and implement a sexual harassment policy and adopt a zero tolerance attitude. It notes that, in its last concluding observations, the United Nations Committee on the Rights of the Child (CRC) remained concerned about the high number of girls suffering sexual abuse and harassment on the way to or from school, as well as in school, by both teachers and classmates (CRC/C/ZWE/CO/2, 7 March 2016, paragraph 68). It further notes the recommendation made in the context of the Universal Periodic Review by the United Nations Human Rights Council that the Government adopt measures to prevent and eliminate sexual violence against girls and women, ensuring that perpetrators are effectively held to account, including with full coordination by the Gender Commission which enjoyed the support of the Government (A/HRC/34/8, 28 December 2016, paragraphs 131 and 131.71). The Committee notes that the survey on the “Situational analysis of women in the informal economy in Zimbabwe”, published by the ILO in 2017, also demonstrates that women in the informal economy are in most cases subjected to sexual harassment by Zimbabwe Revenue Authority (ZIMRA) officials, municipal police, clients, service providers and fellow male informal workers. Victims of harassment find it difficult to report cases or seek recourse as they are already regarded as “illegal operators” by both the local authorities and the police (page 21). Given the serious impact of sexual harassment, which is a serious manifestation of sex discrimination, the Committee wishes to highlight the importance of taking effective measures to prevent and prohibit all forms of sexual harassment at work (see 2012 General Survey on the fundamental Conventions, paragraphs 789–794). Noting that national legislation does not contain any provision that refers explicitly to sexual harassment, the Committee hopes that the Government will take the opportunity of the current review of the Labour Act to include specific legislative provisions that: (i) clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment; (ii) provide access to remedies for all workers, men and women; and (iii) provide for sufficiently dissuasive sanctions and adequate compensations. It asks the Government to provide information on any progress made in this regard, as well as on the any measures taken to enhance women’s access to legal procedures, including the number of complaints concerning sexual harassment lodged, penalties imposed and compensation awarded. The Committee also asks the Government to provide information on the results of the investigation initiated by the Gender Commission on sexual harassment in tertiary institutions. Further, the Committee asks the Government to provide information on any measures taken to prevent and address sexual harassment in work places, including in the informal economy and to increase public awareness regarding sexual harassment, and of the procedures and mechanisms available for an aggrieved party to seek redress.

Workers with family responsibilities. The Committee previously referred to article 24(2) of the Constitution of 2013 which provides for the “implementation of measures such as family care that enable women to enjoy a real opportunity to work”. The Committee notes the Government’s indication that while article 24(2) acknowledges that at critical stages in the development of a child, for example during breastfeeding, women have a special need for protection, article 25 of the Constitution recognizes that men and women have similar family responsibilities. It notes the ZCTU’s indication that, according to the data available in 2016 from the Zimbabwe National Statistics Agency (ZIMSTAT), women continue to bear main responsibility for the work at home and perform most unpaid care work. The ZCTU regrets that no provision aimed at assisting workers with family responsibilities, such as paternity leave, was included in the bill amending the Labour Act. While noting the Government’s statement that it is convinced that the current measures on family responsibilities in the Labour Act are adequate as far as the Convention is concerned, the Committee notes that the Labour Act only provides for maternity leave and recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see 2012 General Survey, paragraph 786). Recalling that legislative or other measures assisting workers with family responsibilities are essential in promoting gender equality in employment and occupation, the Committee again asks the Government to provide information on any steps taken or envisaged pursuant to article 24(2) of the Constitution, and to indicate whether any consideration has been given to ensuring that measures to assist workers with family responsibilities are available to men and women on an equal footing.

Access to education and vocational training. The Committee notes the Government’s statement, in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the introduction in 2016 of the Science, Technology, Engineering and Mathematics (STEM) 263 initiative, aimed at encouraging children and especially girls to pursue careers in these fields without fees, will help to address stereotypes which promote the exclusion of women and girls from science and technology education. While noting that the ZCTU welcomes this initiative, the Committee notes that in January 2018 the Government announced that the programme was suspended. It notes that, in its last concluding observations, the CRC expressed serious concern about the situation of girls, in particular adolescent girls, who suffer marginalization and gender stereotyping, which compromise their educational opportunities. The CRC remained concerned about the low quality of education; the high rate of girls dropping out of school, especially at the secondary and tertiary levels, owing to early marriage, teenage pregnancy, discriminatory traditional and cultural practices and poverty; as well as by the reported use of some schools by militia groups as bases and for political purposes (CRC/C/ZWE/CO/2, 7 March 2016, paragraphs 28 and 68). The Committee further notes the ZCTU’s indication that educational levels are high, while the last Labour Force Survey published in March 2015 by ZIMSTAT shows that about 83 per cent of the labour force is unskilled, the majority of whom are women. The Committee asks the Government to provide information on the concrete steps taken to enhance access for girls and women to education and vocational training, especially in areas traditionally dominated by men, as well as on their impact in improving equality of opportunity and treatment between men and women in employment and occupation. It asks the Government to provide further information on the STEM 263 initiative, including data on the number of boys and girls enrolled in the programme, as well as on its impact in addressing gender stereotypes in education. The Committee further asks the Government to provide updated statistical information on the number of men and women enrolled in particular courses of education and vocational training.

Articles 2 and 3(d). Public service. With respect to the Public Service Act of 1995, which only prohibits discrimination in recruitment and promotion and does not cover all of the grounds listed in the Convention, the Committee previously noted the Government’s indication that it was in the process of harmonizing labour legislation between the private and public sectors in order to give effect to Articles 2 and 3(d) of the Convention. While noting that the Government does not provide any information in this regard, the Committee notes the Government’s indication that the Principles for the amendment of the Act, in order to include measures to give effect to article 17 of the Constitution by promoting gender balance, have been approved by Cabinet thus paving the way for the drafting of the amendment bill. The Committee welcomes the efforts made by the Civil Service Commission to increase the representation of women in its decision-making positions and notes the statistical information forwarded by the Government, according to which women represent 29.7 per cent of heads of ministries but only 15.9 per cent of councillors in local authorities. It notes the Government’s indication that the Gender Commission is currently undertaking a baseline survey within the public sector to determine the level of compliance with the gender parity principles provided for in the Constitution. The Committee asks the Government to continue to provide information on any steps taken and the results achieved in increasing the access of women in the public service, including in decision-making positions, and to attain equal representation in all institutions and agencies of government at every level, as provided for in article 17(1)(b) of the Constitution and the National Gender Policy. It asks the Government to continue to provide statistical information on the number of civil servants, disaggregated by sex, category and position. The Committee again asks the Government to identify any progress made in the review process of the Public Service Act, in collaboration with the social partners, and more particularly in harmonizing the legislation for the public and private sectors, and introducing non-discrimination provisions in accordance with the Convention.

Article 5. Affirmative action. Referring to its previous comments on article 56(2) of the Constitution which provides that the State must take legislative and other measures to promote equality and protect or advance people or groups of people who have been disadvantaged by past unfair discrimination, the Committee notes that the Government does not provide information in this regard. While noting that the revised version of the National Gender Policy also refers to affirmative action to be taken to advance men or women disadvantaged by previous unfair discrimination, the Committee again asks the Government to identify the steps taken or envisaged, including measures pursuant to article 56(2) of the Constitution and the National Gender Policy, towards the formulation and implementation of a national policy for the promotion and realization of equality of opportunity and treatment in respect of all the grounds set out in the Convention.

Enforcement. Referring to the comments made on the Gender Commission under its observation, the Committee notes the Government’s statement that no reportable case has so far been handled by the Gender Commission or the Human Rights Commission so far. The Committee asks the Government to provide information on any activities undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principles of the Convention, including the establishment of the Gender Commission, and to provide information on any activities undertaken in this regard. It asks the Government to provide information on the number, nature and outcomes of any cases of discrimination in employment and occupation addressed by the competent authorities, including the labour inspectorate, the Gender Commission, the Human Rights Commission and the courts.