CMNT_TITLE

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

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) and (b) of the Convention. Grounds of discrimination. The Committee recalls that the Labour Act does not prohibit discrimination on the grounds of national extraction and social origin and that the Zimbabwe Congress of Trade Unions considered that the Act should prohibit discrimination on these grounds as well as on the grounds of socio-economic status and marital status. The Committee notes that article 56 of the new Constitution of 2013 expressly recognizes the right of persons not be subjected to direct or indirect discrimination “on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock”. The Committee notes that while this list includes the previously omitted grounds of religion and social origin, it does not expressly refer to the ground of national extraction, which is listed in Article 1(1)(a) of the Convention. The Committee recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Discrimination based on national extraction may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State (see General Survey on the fundamental Conventions, 2012, paragraph 764). The Committee requests the Government to indicate whether the prohibited grounds of nationality and place of birth in the new Constitution intend to cover national extraction, and also requests it to clarify the relationship between section 5(1) of the Labour Act and article 56 of the new Constitution. Noting the Government’s indication that the prohibited grounds of discrimination will be discussed in national consultations as part of the amendment process of the Labour Act, the Committee hopes the Government will take this opportunity to ensure that the Labour Act will prohibit direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention and article 56 of the new Constitution, including national extraction, and social origin, for all workers and with respect to all aspects of employment.

Articles 2 and 3. National policy to promote equality of opportunity and treatment for men and women. The Committee notes the firm commitment to gender equality under the new Constitution 2013 including positive measures by the State to remedy past gender discrimination. The Committee also notes the new National Gender Policy (2013–17) according to which in 2011 the total employment to population ratio was 72.3 per cent for women compared with 83.9 per cent for men; 70 per cent of agricultural workers were women and, in 2010–11, only 37 per cent of women as compared to 62 per cent of men were formally employed. The National Gender Policy contains detailed strategies to promote equality and equity in access to economic opportunities for men and women and to ensure access in training opportunities for men and women with a view to improving their equal participation in the workplace, the market and government. The National Gender Policy also provides for a set of indicators to monitor achievements and a mid term and end of term review of the Policy in 2015 and 2017. The Committee requests the Government to provide detailed information, including statistics disaggregated by sex, on the implementation of the National Gender Policy concerning the areas of employment, education and training, as well as on the outcome of the mid-term and end-of-term review of the Policy and any recommendations arising from this assessment. The Committee also requests the Government to provide information on any positive measures adopted to address past gender discrimination and improve the situation of women in the labour market, and results achieved.

Workers with family responsibilities. The Committee notes that the new Constitution provides that “all institutions and agencies of government at every level must endeavour to secure … the implementation of measures such as family care that enable women to enjoy a real opportunity to work” (article 24(2)). The Committee requests the Government to provide information on any measures taken or envisaged pursuant to article 24(2) of the Constitution. Recalling that measures reflecting the assumption that the main responsibility for family care lies with women reinforce or prolong stereotypes regarding the roles of women and men in the family and in society, the Committee also requests the Government to indicate whether any consideration has been given to ensure that measures to assist workers with family responsibilities are available to men and women on an equal footing.

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 notes the Government’s indication that it is 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. Particular attention shall be given to equality of opportunity and treatment of men and women. The Government also indicates that the Civil Service Commission has measures in place to ensure employment of women and that the recruitment policy outlines how gender equality should be achieved when advertising posts. The Committee further notes that article 17(1)(b) of the Constitution requires the Government to “take all measures, including legislative measures, needed to ensure that: (i) both genders are equally represented in all institutions and agencies of government at every level; and (ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies”. Furthermore, the Committee notes that the National Gender Policy, which indicates that gender disparities remain in public service institutions, contains strategies to create a supportive environment to gender parity in decision-making positions. The Committee requests the Government to provide information, including statistics disaggregated by sex, on any measures taken and results achieved to increase 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. The Committee also requests the Government to continue to indicate any progress made in harmonizing the legislation for the public and private sectors, and introducing non discrimination provisions in accordance with the Convention.

Affirmative action. The Committee notes that article 56(2) of the Constitution 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 requests the Government to indicate the measures taken or envisaged, including measures pursuant to article 56(2) of the Constitution, 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 covered by the Convention, as required by Article 2 of the Convention.

Enforcement. The Committee notes the Government’s statement that information on cases relating to discrimination in employment and occupation addressed by administrative or judicial bodies is currently unavailable. The Committee notes that the Gender Commission once established will be responsible for monitoring the implementation of the gender equality provisions in the Constitution and investigating complaints regarding possible violations of rights relating to gender. The Committee reiterates its request for the Government to provide information on any cases addressed by the competent authorities with regards to discrimination in employment and occupation, including any cases handled by the Gender Commission, once established, and the Human Rights Commission.