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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Zambia (Ratification: 1979)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Definition of discrimination. The Committee recalls that the definition of discrimination in the draft Employment Act (Amendment Bill) does not appear to include the grounds of national extraction and colour, and that the ground of “social status” may have a narrower meaning than the ground of “social origin” set out in the Convention. The Committee notes the Government’s affirmation that the Amendment Bill will contain a comprehensive definition of discrimination. The Committee hopes that the final text of the Employment Act (Amendment Bill) will include a definition of discrimination covering all of the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction, colour and social origin, and all aspects of employment and occupation, and once again requests the Government to provide information on progress made in this respect.

Sexual harassment. The Committee recalls the absence of provisions on sexual harassment in the draft Employment Act (Amendment Bill). The Committee notes from the Government’s report the measures taken to address sexual violence against women, including the review of the Penal Code to incorporate provisions of the Anti-Gender Based Violence Act 2011, the proposed amendment of section 137A(1) of the Code to extend the offence of sexual harassment against children in the workplace to an offence of sexual harassment “against a person”, and the setting up of a Fast-Track Court to deal with the delays in dispensing of cases of gender-based violence in the court system. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, and the fact that criminal law generally does not focus on the full range of behaviour that constitutes sexual harassment in employment and occupation (see General Survey on the fundamental Conventions, 2012, paragraph 792). The Committee notes that the Anti-Gender Based Violence Act 2011 addresses gender-based violence against “a house-help in the household of the respondent” (section 3). The Committee requests the Government to ensure that the definition in the draft Employment Act (Amendment Bill) includes both quid pro quo as well as hostile environment sexual harassment in employment and occupation, and to adopt comprehensive measures, including effective complaints procedures and awareness raising, to prevent and address all forms of sexual harassment in employment and occupation. It also requests the Government to provide information on progress made in amending section 137A(1) of the Penal Code and establishing the Fast Track Court. The Committee once again requests the Government to supply a copy of the relevant clauses of the Public Service Disciplinary Code defining sexual harassment and discrimination.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes from the Labour Force Survey that horizontal job segregation is evident in several sectors including manufacturing (69 per cent men); construction (96 per cent men); transportation and storage (92 per cent men); professional, scientific and technical activities (65 per cent men); and public administration, defense and compulsory social security (78 per cent men). It also notes that the predominately female sector concerns “activities of household as employers” where 80 per cent of those employed are women. The Survey shows that men comprise 72.6 per cent of management positions and 75.2 per cent of technician and associate professional positions, while in elementary occupations women hold 66.2 per cent of the positions. The Committee notes the Government’s indication that special bursaries have been introduced in the science, technology, engineering and mathematics sectors generally dominated by men, in order to increase the pool from which female employees can be drawn. The Government further indicates that the Citizens Economic Empowerment Commission (CEEC) approved 36 per cent of the empowerment resources for “women promoted enterprises”. The Committee requests the Government to continue to provide information on the measures taken, and their impact, to address the segregation of women and men in certain occupations and sectors and to ensure their equal opportunities in all sectors of the economy and in vocational training and education. Please include detailed information on participation in, and results achieved by the bursary programme to increase the pool of women candidates in the science, technology, engineering and mathematics sectors; the policy of allocating 30 per cent of university places to women in male dominated fields of study and the affirmative action (re-entry) policy. The Committee also requests the Government to continue to provide information on the implementation and results of the activities of the CEEC targeting women.

Public service. The Committee notes from the statistics provided by the Government for the public service (as of 31 July 2014) that men are overrepresented in almost every institution, and drastically so in certain ministries and areas such as agriculture, central statistics, the provincial administration, the Zambia Police, the Judiciary, and the State House. The Committee once again requests the Government to provide information on measures taken and results achieved in the promotion of gender equality in the public service, as well as on any obstacles encountered in their implementation. The Committee further requests the Government to continue to provide statistics on the distribution of men and women in the public service.

Other grounds of discrimination. The Committee notes the Government’s statement that the CEEC does not discriminate on any of the listed grounds in the Citizens Economic Empowerment Act 2006 (section 6(1)) in its delivery of empowerment services. The Committee requests the Government to provide information on any empowerment services delivered by CEEC to targeted citizens, including those who have been disadvantaged due to race, educational background, disability and status, including HIV status, to ensure their access to economic resources, and the results achieved through such action.

Enforcement. The Committee notes the Government’s intention to raise awareness of the principle of non-discrimination among lawyers, judges and relevant public officials over the course of 2015 as funds are made available. The Committee requests the Government to provide information on steps taken and results achieved in this regard, including activities of the labour inspectorate to promote and enforce the principle of non-discrimination. Please also indicate steps taken or envisaged to strengthen the Human Rights Commission and to facilitate access to Industrial Court proceedings and other dispute mechanisms in cases of discrimination.