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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.