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) received on 31 August 2019 and 20 January 2020.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. With reference to its previous comment, the Committee notes the Government’s indication, in its report, that the bill amending the Labour Act has provisions that clearly define and prohibit all forms of sexual harassment at the workplace and provides for dissuasive sanctions for perpetrators. The Government also indicates that the Labour Bill mainstreams the principles of the Violence and Harassment Convention, 2019 (No. 190), and that section 6 of the Labour Bill prohibits violence and harassment at the workplace, including sexual and gender-based violence. The Committee also notes that the Government, with the support of the ILO, has undertaken awareness and sensitization campaigns to raise awareness on gender discrimination, violence and sexual harassment in workplaces. The Government adds that the Public Service Commission (PSC) is developing a workplace code of conduct to address issues of sexual violence and harassment at the workplace and that consultations with workers’ representatives have started. Further, public consultations are underway to draft the Gender Equality Bill and the Sexual Harassment Bill. The Committee takes note of these positive developments but notesthe ZCTU’s observations, alleging an increase in cases of violence and harassment in the workplace. It also notes, from the concluding observations of the United Nations’ Committee on the Elimination of Discrimination against Women (CEDAW), the high incidence of sexual harassment of women engaged in the informal economy by municipal police, clients, service providers and male colleagues (CEDAW/C/ZWE/CO/6, 10 March 2020, para. 37). The Committee hopes that the Government will endeavour to enact the Labour Bill as soon as possible, and asks it to ensure that its provisions:

(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 reiterates its request to the Government to provide information on:

(i)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; and
(ii)the results of the investigation initiated by the Gender Commission on sexual harassment in tertiary institutions.

The Committee also asks the Government to continue to:

(i)provide information on any measures taken to prevent and address sexual harassment in workplaces, particularly in the informal economy; and
(ii)increase public awareness regarding sexual harassment and the procedures and mechanisms available for an aggrieved party to seek redress.

Access to education and vocational training. The Committee refers to its previous comment, and notes the Government’s indication that the Science, Technology, Engineering and Mathematics (STEM) initiative was not abandoned but that the policy approach changed: rather than sponsoring individual students in the STEMs, it now focuses on producing and empowering more teachers and lecturers to teach many students pursuing STEM subjects. The Government also refers to, among other measures, the construction and equipment of science laboratories of international standards at secondary and tertiary institutions and selected under-privileged schools on a need basis, and the expansion of skills development through increased apprenticeship enrolment. The Committee further takes note of the statistical information provided by the Government. It notes that, although more women (60,149 female students in 2021) than men (51,135 male students) were enrolled tertiary education, this information is not disaggregated by academic subject and sex. As regards vocational training centres, in 2021, there were 290 women and 2,265 men in automotive, 2,148 women and 442 men in hospitality, 147 women and 1 man in cosmetology. It also notes that there were 4,200 women and 4,269 men in computer, and 1,147 women and 1,062 men in physical sciences. Further, the Committee notes, from the concluding observations of the CEDAW that: (a) the high school dropout rate among girls owing to child marriage and/or early pregnancy, or financial difficulties; (b) the fact that the needs of girls are not sufficiently taken into account into school infrastructure, with a lack of adequate and separate sanitation facilities for girls and boys; (c) the reports of sexual abuse and harassment of girls in and on the way to and from school and the impunity for the perpetrators of such acts; and (d) the disproportionately low enrolment rate among women and girls in studies in the fields of science, technology, engineering and mathematics (CEDAW/C/ZWE/CO/6, para. 35). The Committee asks the Government to continue to provide information on:

(i)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 their impact in improving equality of opportunity and treatment for men and women in employment and occupation;
(ii)the STEM initiative, including data on the number of boys and girls enrolled in the programme, as well as its impact in addressing gender stereotypes in education; and
(iii)the number of men and women enrolled in particular courses of education and vocational training, ensuring that the data is disaggregated by sex and subject.

Articles 2 and 3. Gender Commission. In reply to the Committee’s previous requests, the Government indicates that the Gender Commission is fully operational, the commissioners were appointed in 2015, and the Commission has been allocated a budget and offices. The Committee takes due note of the information provided on the Gender Commission’s mandate, including the Investigations and Complaints Handling Manual. The Government indicates that, in 2020, the Gender Commission convened the National Gender Forum (NGF) virtually. The Forum, held under the theme “Strengthening Accountability to End Gender based Violence in Zimbabwe”, gave stakeholders and social partners an opportunity to engage with the Commission. The Committee notes that the Gender Commission convenes and hosts workshops and gender forums annually to discuss any issues of concern related to its constitutional and statutory functions. It notes, however, that information is provided neither on the number of cases handled by the Gender Commission nor on the reports made by the Gender Commission to the Parliament to address gender inequality in employment and occupation. Therefore, the Committee once again requests the Government to provide information on:

(i)the number, nature and outcome of cases of discrimination in employment and occupation addressed by the Gender Commission; and
(ii)any systemic barriers to gender equality investigated and reported to Parliament, particularly in the fields of employment and occupation. The Committee requests the Government to continue to provide information on the activities of the Gender Commission, including on the specific awareness raising activities undertaken, with regard to discrimination in employment and occupation, among public officials, employers, workers, and their respective organizations, in the framework of the annual Gender Forums or otherwise.

Articles 2 and 3(d). Public service. With reference to its previous comment, the Committee notes the Government’s indication that the Public Service Commission (PSC), in all appointments and promotions made in the public sector, takes into consideration section 17 of the Constitution which provides for gender balance in all institutions and agencies of government, at every level. The Committee notes with interest that a proposed Public Service Amendment Bill is currently being reviewed and will be tabled for consideration by social partners in the Tripartite Negotiating Forum before its submission to Cabinet. According to the Government, the Bill will prohibit discrimination on “an analogous list of the grounds” in line with the Convention. The Committee further notes that, under the Public Service Regulations, appointments in the public service should be based on merit and when vacancy announcements are made, women are explicitly encouraged to apply. Based on the statistics provided by the Government for the years 2019 to 2021, the Committee notes that, although the proportion of women in decision-making positions seems to have slightly increased, they continue to be largely underrepresented (approximately one third of decision-making positions held by women). The Committee also notes, from the concluding observations of the CEDAW, that the executive branch does not implement the constitutional provisions on equality, as shown by the low number of women ministers and women on the boards of public and private companies. The CEDAW was also concerned that women in politics do not benefit from campaign funding through the Political Parties Finance Act and are often the targets of sexist attacks, harassment and gender stereotyping in the media (CEDAW/C/ZWE/CO/6, para. 33). The Committee asks the Government to step up its efforts to increase the access of women in the public service, including in decision-making positions, in order 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 information on:

(i)the number of civil servants, disaggregated by sex, category and position; and
(ii)the progress made to adopt the Public Service Amendment Bill, while making sure that it contains provisions prohibiting direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation.

Article 5. Affirmative action. In reply to the Committee’s previous comment, the Government indicates that: (a) it has reserved 60 seats (out of 270) in the National assembly for women; (b) the Public Entities’ Corporate Governance Act [Chapter 10:31] mandates Ministers to ensure that women are equally represented on Boards of entities that are under their purview; (c) the Tripartite Negotiating Forum Act provides that the Chairperson and the Vice Chairperson of the Management Committee must be of the opposite gender; and (d) affirmative action is also being promoted in schools and universities where female students with fewer points than their male counterparts are being admitted into programmes at universities. However, the Committee notes, from the concluding observations of the CEDAW that temporary special measures, are not systematically applied as a necessary strategy to accelerate the achievement of substantive equality between women and men in other areas in which women are underrepresented or disadvantaged, such as employment (CEDAW/C/ZWE/CO/6, para. 23). The Committee asks the Government to intensify its efforts and continue to take 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. The Committee notes the ZCTU’s allegations that despite the legislation being in place, workers face continued discrimination, especially trade union members, pregnant women and people with disability, because enforcement of the Labour Act and the Constitution is weak and attempts to enforce these rights in court are delayed due to the fact that the court system is congested with cases. Noting that it provided no information in this regard, the Government is asked to provide its comments to the ZCTU’s observations. The Committee also once again asks the Government to provide information on:

(i)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; and
(ii)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.