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

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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) and (b) of the Convention. Grounds of discrimination. Legislation. Referring to its previous comment, in which it noted the Government’s indication that section 5(1) of the Labour Act would be amended to incorporate all of the grounds enumerated in the Constitution, including the grounds of “place of birth” and “ethnic origin” which cover “national extraction”, the Committee notes with regret the Government’s indication, in its report, that the bill amending the Labour Act is still pending. In this regard, it notes the ZCTU’s indication that the bill has been on the Parliament’s agenda for the last three sessions. It further notes the Government’s reply that the labour inspectorate gives the following interpretation to the expressions contained in the Constitution: “nationality: the country of origin of the person/citizenship”; “ethnic origin: the ethnic/tribe group one belongs to”; and “place of birth: area/region in which a person was born”. The Committee urges the Government to take all the necessary steps with a view to: (i) enacting the draft Labour Bill in the near future; while (ii) ensuring that the Labour Act prohibits direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, for all workers and with respect to all aspects of employment. It requests the Government to provide information on any progress made in this regard and to provide a copy of the Labour Act once adopted. Recalling that the concept of “national extraction” does not only cover distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, but also discrimination directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, the Committee requests the Government to provide information on the application in practice given to the expressions “nationality”, “ethnic origin” and “place of birth” listed in article 56 of the Constitution, such as extracts of relevant court decisions.

Articles 2 and 3. National policy to promote equality of opportunity and treatment for men and women. The Committee notes the ZCTU’s allegations that the National Gender Policy for 2013–17 has not been allocated a budget nor been implemented. The Committee also notes that the Government does not provide any information on the implementation of the National Gender Policy but states that the issue of gender has been mainstreamed as a cross-cutting issue in the National Development Strategy 1 (NDS1, 2021–2025). The Government indicates that, in order to enhance women’s participation in decision-making positions, 60 seats (out of the 270 seats) of the National Assembly are reserved for women, and that, following the elections in 2018, 86 seats were held by women. The Committee notes, from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that it established the Zimbabwe Women Micro Finance Bank (ZWMB) in January 2017 to facilitate financial inclusion of women, and the Women Development Fund and Community Development Fund, a platform that provides loans to women’s community projects at concessionary rates. The Committee further notes, from the Government’s report under the United Nation’s Universal Periodic Review, that the 2019 Labour Force and Child Labour Survey estimated that there were overall employment and unemployment rates of 84 per cent and 16 per cent respectively. Among those who were employed, 57 per cent were male and 43 per cent were female. The unemployment rate for females (17.2 per cent) was slightly higher than for males (15.7 per cent). There was also a wide disparity on the Employment to Population Ratio, being at 44.4 per cent for males and 28.5 per cent for females. Among people who were employed at management level in the country, the proportion of women had increased to 33.7 per cent (from 27.9 per cent in the 2014 Labour Survey) (A/HRC/WG.6/40/ZWE/1, 9 November 2021, para. 108). The Committee also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women, the insufficient level of human, technical and financial resources allocated to the implementation of gender equality policies and plans, the absence of sectoral targets, benchmarks and effective coordination arrangements to guide implementation as well as the lack of information on the results and impact of the national gender policy (CEDAW/C/ZWE/CO/6, 10 March 2020, para. 19). While taking due note of the information provided by the Government, the Committee requests it to: (i) intensify its efforts to fully implement the National Gender Policy, by allocating it the necessary budget and taking effective measures to address past gender discrimination and enhance women’s economic empowerment and access to decision-making positions; and (ii) provide information on the measures taken and their impact in terms of equality of opportunity and equal treatment for men and women in employment and occupation. The Committee also asks the Government to provide: (i) detailed information on how equality of opportunity and treatment for men and women has been incorporated in the National Development Strategy 1, including on any relevant measures taken in its framework; (ii) information on the number of women who benefited from the Zimbabwe Women Micro Finance Bank or the Women Development Fund and Community Development Fund; and (iii) updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

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

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

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

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

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

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1(1)(a) and (b) of the Convention. Grounds of discrimination. Legislation. The Committee previously noted that while the Labour Act does not prohibit discrimination on the grounds of national extraction and social origin, which are listed in Article 1(1)(a) of the Convention, article 56 of the Constitution of 2013 includes “social origin” but refers only to the grounds of “nationality” and “place of birth” without expressly referring to the ground of “national extraction”. The Committee notes the Government’s indication, in its report, that the grounds of “place of birth” and “ethnic origin” listed in article 56 of the Constitution cover “national extraction”, and that section 5(1) of the Labour Act will be amended to incorporate all the grounds enumerated in the Constitution. The Committee notes the ZCTU’s indication that it hopes that in its instruction to the Attorney General the Government will ensure that “national extraction” and “social origin” are included in the bill amending the Labour Act, as agreed by the social partners in the framework of the Tripartite Negotiating Forum (TNF). In light of the review of the Labour Act, the Committee trusts that the Government will take all the necessary steps to ensure that the Labour Act will prohibit direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, for all workers and with respect to all aspects of employment, and requests the Government to provide information on any progress made in this regard. It further requests the Government to provide information on the interpretation made by the labour inspectorate of the expressions “nationality”, “ethnic origin” and “place of birth” listed in article 56 of the Constitution and on their application in practice.

Articles 2 and 3. National policy to promote equality of opportunity and treatment between men and women. The Committee takes note of the revised version of the National Gender Policy for 2013–17, forwarded by the Government, which includes new priority areas, namely “gender and disability”, and “gender, culture and religion”. It notes however that no change was introduced in the previously planned strategies to promote equality and equity in access to economic opportunities for men and women, and to ensure access in training opportunities for men and women with a view to improving their equal participation in the workplace, the labour market and in public administration. The Committee notes the Government’s general statement that there has been progress in relation to the promotion of equality of opportunity and treatment between men and women in the context of the implementation of the National Gender Policy. The Government adds that through the revised National Gender Policy, a monitoring and evaluation framework dealing specifically with gender equality and women’s empowerment is being finalized to enable the national gender machinery to monitor and assess the implementation of national, regional and international commitments taken in this area. The Committee notes, however, that, in the ZCTU’s view, no improvement has been made with respect to gender equality in employment and occupation. The Committee notes that, according to the last Zimbabwe Demographic Health Survey (ZDHS) – a sample survey conducted in 2015 by the Government – the employment rate of women increased from 37 per cent in 2010–11 to 41 per cent in 2015 (against 65 per cent for men), with women being mostly concentrated in the sales and services sector (49 per cent against 36 per cent in 2010–11), followed by the agriculture sector (18 per cent against 21 per cent in 2010–11). Referring to its comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes, however, the ZCTU’s indication that, according to the data available in 2016 from the Zimbabwe National Statistics Agency (ZIMSTAT), only 14 per cent of economically active women were in paid employment (against 30 per cent of men), since the majority of women are unemployed, underemployed or employed in the informal economy. The Committee requests the Government to provide information on the specific steps taken as a result of the implementation of the National Gender Policy concerning the areas of employment, education and training, as well as on any review undertaken to assess the implementation of the Policy, including as a result of the monitoring and evaluation framework dealing specifically with gender equality and women’s empowerment. It further requests the Government to provide information on any positive measures adopted to address past gender discrimination and enhance women’s economic empowerment and access to decision-making positions, and their impact on improving equality of opportunity and equal treatment between men and women in employment and occupation. The Committee requests the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions.

Gender Commission. Referring to its previous comments on article 245 of the Constitution of 2013, which provides for the establishment of the Gender Commission, the Committee notes with interest the adoption of the Gender Commission Act (Chapter 10:31), enacted in 2016, which operationalizes the Commission and provides that it can, inter alia, receive and handle public complaints on gender-based discrimination and recommend appropriate redress. It can also investigate any systemic barrier to gender equality and report to Parliament on the nature, extent and consequences of such barrier, identifying any legislative, administrative or other practical reform that should be taken to remedy the situation (sections 4–7). The Committee further notes that the Commission is required to organize a Gender Forum to discuss any issue related to its functions annually (section 8). The Committee notes that in 2017 capacity-building activities on international labour standards and gender equality were undertaken by the ILO within the Gender Commission in order to enable it to better promote gender equality and non-discrimination within the country. It notes the Government’s indication that as a result the Commission held various awareness-raising and capacity-building activities, both at national and community levels, on gender equality and women’s economic empowerment, particularly at the decision-making level. It further notes that the Commission has developed an investigations and complaints handling manual to guide its investigative functions. The Committee notes, however, that while welcoming the establishment of the Gender Commission, the ZCTU highlights the absence of any effective activities by the Commission in the fields of employment and occupation. Noting the Government’s statement that no case has yet been handled by the Gender Commission, the Committee hopes that the Government will take the necessary steps to fully operationalize the Gender Commission. It also requests the Government to provide information on the number, nature and outcome of any cases of discrimination in employment and occupation addressed by the Commission, and to provide a copy of the investigations and complaints handling manual. It further requests the Government to provide information on any systemic barriers to gender equality investigated and reported to Parliament, particularly in the fields of employment and occupation. It 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, including in the framework of the annual Gender Forums or otherwise.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

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

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

Articles 2 and 3(d). Public service. With respect to the Public Service Act of 1995, which only prohibits discrimination in recruitment and promotion and does not cover all of the grounds listed in the Convention, the Committee notes the Government’s indication that it is in the process of harmonizing labour legislation between the private and public sectors in order to give effect to Articles 2 and 3(d) of the Convention. Particular attention shall be given to equality of opportunity and treatment of men and women. The Government also indicates that the Civil Service Commission has measures in place to ensure employment of women and that the recruitment policy outlines how gender equality should be achieved when advertising posts. The Committee further notes that article 17(1)(b) of the Constitution requires the Government to “take all measures, including legislative measures, needed to ensure that: (i) both genders are equally represented in all institutions and agencies of government at every level; and (ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies”. Furthermore, the Committee notes that the National Gender Policy, which indicates that gender disparities remain in public service institutions, contains strategies to create a supportive environment to gender parity in decision-making positions. The Committee requests the Government to provide information, including statistics disaggregated by sex, on any measures taken and results achieved to increase the access of women in the public service, including in decision-making positions, and to attain equal representation in all institutions and agencies of government at every level, as provided for in article 17(1)(b) of the Constitution. The Committee also requests the Government to continue to indicate any progress made in harmonizing the legislation for the public and private sectors, and introducing non discrimination provisions in accordance with the Convention.

Affirmative action. The Committee notes that article 56(2) of the Constitution provides that the State must take legislative and other measures to promote equality and protect or advance people or groups of people who have been disadvantaged by past unfair discrimination. The Committee requests the Government to indicate the measures taken or envisaged, including measures pursuant to article 56(2) of the Constitution, towards the formulation and implementation of a national policy for the promotion and realization of equality of opportunity and treatment in respect of all the grounds covered by the Convention, as required by Article 2 of the Convention.

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

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

Articles 1 and 2 of the Convention. The Committee notes with interest the adoption of a new Constitution in March 2013, which introduces a range of provisions relevant to the Convention. In particular, the Committee notes the provisions regarding equality of opportunity and treatment between men and women (articles 17(1)(a), 56(2) and 80(1)), measures for the equal representation of women and men in governmental bodies (articles 17(1)(b) and 124(1)(b)), positive measures to address past gender discrimination and imbalances (article 17(2)), affirmative action programmes for youth, and vocational guidance, education and training of persons with disabilities (articles 20(1)(c) and 24(2)(c)), the prohibition of direct and indirect discrimination and the expanded list of prohibited grounds of discrimination (article 56(3)), as well as the positive duty on the State to promote equality and protect or advance those who have been disadvantaged by unfair discrimination (article 56(6)). The Committee also notes that under article 85(1)(a), any person is entitled to approach a court alleging that a fundamental right or freedom enshrined in Chapter 4 has been, is being or is likely to be infringed, and the court may grant appropriate relief. The new Constitution also provides for the establishment of the Zimbabwe Gender Commission (article 245), which has advisory and promotional functions regarding gender equality and can receive and investigate complaints concerning gender discrimination. The Committee notes that the Bill providing for the Commission’s establishment has been submitted to Parliament. The Committee requests the Government to provide information on the legislative and policy changes relating to equality of opportunity and treatment between women and men in employment and occupation resulting from the new Constitution. The Committee also requests the Government to provide information on any progress made in establishing the Zimbabwe Gender Commission, as well as on the activities of the Commission once it has been established.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(a) and (b) of the Convention. Grounds of discrimination. The Committee notes the communication from the Zimbabwe Congress of Trade Unions (ZCTU), dated 21 September 2009, indicating that the Labour Act should prohibit discrimination on the grounds of social or economic status, marital status, sex, religion and national extraction. The Committee recalls that section 5(1) and (2) of the Labour Act prohibits discrimination on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status and disability in all aspects of employment and occupation. Noting the Government’s indication that the Labour Act is in the process of amendment, the Committee requests the Government to provide information on any developments in this regard, and hopes the Government will take the opportunity to ensure that at least all the grounds enumerated in Article 1(1)(a) of the Convention are addressed in the legislation, thus necessitating the addition of the grounds of religion, national extraction and social origin. The Committee also requests the Government to indicate whether the grounds of social or economic status and marital status will also be included in the amended law as prohibited grounds of discrimination.

Articles 2 and 3. National policy to promote equality in employment and occupation. The Committee notes the Government’s indication that, as a result of the National Gender Policy, job advertisements now specifically encourage women to apply. Moreover, in collaboration with the Ministry of Women Affairs, Gender and Community Development and non-governmental organizations, the United Nations Development Programme (UNDP) has carried out some sensitization activities on gender issues addressed to members of Parliament, academia and journalists, and it has finalized a needs assessment report on the participation of women in entrepreneurial activities. The Committee requests the Government to continue to provide updated information on the measures taken to implement the national gender policy, including specific information on the results achieved. Please also provide information on any other measures taken or envisaged to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including awareness-raising and promotional activities.

Articles 2 and 3(d). Application in the public service. Noting that the Government’s report does not contain any information on this point, the Committee once again requests the Government to provide detailed information on the measures taken or envisaged to introduce non-discrimination provisions in accordance with the Convention. It also requests the Government to take proactive measures to ensure access of women to public service employment at all levels and to indicate the progress made in this regard.

Enforcement. The Committee requests the Government to provide information on any cases concerning discrimination in employment and occupation that have been addressed by the competent administrative or judicial bodies.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1, 2 and 3(d) of the Convention. Application in the public service. The Committee notes the Government’s indication that the revision of the Public Service Act was still under way and that the issue of representation of more women in high grades in the public sector in under consideration by the relevant authorities. The Committee hopes that the Government will take the Public Service Act revision as an opportunity to strengthen its provisions on equal opportunity and treatment which currently only prohibit discrimination in recruitment and promotion and do not cover all the grounds listed in Article 1(1)(a) of the Convention. The Committee recalls that, in accordance with the Convention, equality of opportunity and treatment must be ensured in respect of all aspects of employment, including training and all terms and conditions of employment and that, as a minimum, all the grounds listed in Article 1(1)(a) should be addressed. The Committee requests the Government to continue to provide detailed information on the measures taken or envisaged to introduce non-discrimination provisions in accordance with the Convention. It also requests the Government to take proactive measures to ensure access of women to public service employment at all levels and to indicate the progress made in this regard.

Articles 2 and 3. National policy to promote equality in employment and occupation. The Committee recalls its previous comments on the National Gender Policy. The Committee requests the Government to provide updated information on the status and implementation of the Policy including information on how it has helped promote women’s equality in employment and occupation. Please also provide information on any other measures taken or envisaged to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including awareness raising and promotional activities.

Enforcement. The Committee requests the Government to provide information on any cases concerning discrimination in employment and occupation that have been addressed by the competent administrative or judicial bodies.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee recalls the communication of the Zimbabwe Congress of Trade Unions (ZCTU) dated 1 September 2006, and notes the Government’s reply thereto dated 10 January 2007.

1. Discrimination against women. The ZCTU had raised concerns regarding discrimination against women in access to certain benefits, including maternity leave, particularly as many women are contract workers, seasonal workers and domestic workers. The Committee notes the Government’s indication that with respect to maternity benefits for public servants, the Public Service Act is being amended, and will be brought into conformity with international labour standards. The Committee requests the Government to keep it informed of the status of the amendments to the Public Service Act, and also to indicate how female contract workers, seasonal workers and domestic workers are protected against discrimination.

2. Discrimination on the basis of political opinion. The Committee notes that the ZCTU submits that discrimination based on political opinion has been practised by government-owned or quasi-government companies. ZCTU refers to dismissals, victimization and demotions due to political opinion. The Government states that the ZCTU has not provided sufficient details to allow it to reply. Bearing in mind that the Committee has raised concerns for a number of years regarding discrimination on the ground of political opinion, and given the serious nature of these allegations, the Committee urges the Government to take specific measures to ensure that in practice no discrimination based on political opinion or affiliation is permitted, and that any such act of discrimination is duly sanctioned and appropriate remedies provided.

3. The Committee requests the Government in its next report to address the issues raised above as well as the points set out in its 2006 direct request.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Application of the Convention in occupations outside the employment relationship. In its previous comments, the Committee requested the Government to provide information on how persons who are not employed and work outside an employment relationship are protected from discrimination. The Committee notes from the information provided in the Government’s report that there may be misunderstandings as to the Convention’s scope of application. The Committee recalls that the Convention’s scope is broad, covering all workers, whether employed or working outside an employment relationship, such as self-employed persons (see General Survey 1988, paragraphs 86-92). The Convention indeed is intended to protect persons working on their own account, such as persons exercising liberal professions or engaged in agricultural activities, from discrimination. As stated by the Committee in its 1996 Special Survey on Equality in Employment and Occupation (paragraph 90), there should be no discrimination in access to the material goods and services (land, investment credit, etc.) required to carry on the occupation in question. The Committee, therefore, requests the Government to indicate how persons who work outside an employment relationship, and in particular self-employed persons in the farming sector or exercising liberal professions, are protected against discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and are given equal opportunity and treatment, irrespective of these grounds, with regard to vocational training and access to employment and occupation. In particular, the Committee requests the Government to indicate the measures taken to ensure that access to land in the implementation of the Land Reform Programme is granted without discrimination based on race, sex or political opinion.

2. Application of the Convention in the public service. In its previous comments, the Committee noted that the Public Service Act only prohibited discrimination in recruitment and promotion and that it did not cover all the grounds listed in the Convention. In this regard, the Committee notes from the Government’s report that the Public Service Commission encourages equal access to training for every member of the public service without discrimination based on sex, colour, race or disability. To this end, all ministries are required to draw up and implement a human resources development plan. Ministries are also encouraged to promote gender balance in all training activities. The Committee also notes that the Public Service Commission prepared a human resources development policy which provides for legislation prohibiting discrimination in respect of training. The Committee requests the Government to indicate in its next report any progress made in amending the legislation to prohibit discrimination on all the grounds covered by the Convention, including with regard to training. It further requests the Government to indicate whether the measures to promote equality provided for under the human resource development plans have been implemented by the different ministries.

3. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that information on the measures taken in pursuance to the National Gender Policy will be provided in due course. The Committee hopes that this information will be provided in the Government’s next report, including information on the implementation of the strategies noted in the Committee’s previous comments. Noting from the statistical information concerning the distribution of men and women in the grades in the public service that women remain seriously under-represented in higher grades, the Committee requests the Government to provide information on the progress made in achieving a balanced representation of men and women at all levels of the public service, including statistical information that allows the Committee to appreciate the progress made in achieving gender equality. The Committee also reiterates its request to the Government to provide statistical data on the labour force participation of men and women, disaggregated by sex, sector of activity, occupational skills and levels of responsibility.

4. Further, in the absence of any information provided by the Government, the Committee is bound to repeat the following points raised in its previous comments:

Discrimination on the ground of political opinion

6. The Committee notes the Government’s statement that political affiliation is not a factor considered for employment in Zimbabwe and that section 5(7) of the Labour Relations Act is applicable to those affected. The Committee observes that section 5(7) does not deal with the protection of workers from discrimination on the ground of political opinion, and provides for an exception to the prohibition of discrimination based on political opinion or creed, in respect of political, cultural and religious organizations. In its previous request, the Committee had referred to the concluding observations of the United Nations Human Rights Committee, in 1998, which expressed concerns about acts of political violence against government opponents, for which impunity had been extended to the perpetrators. The Committee notes from the report submitted to the UN Commission on Human Rights by the Special Rapporteur on the independence of judges and lawyers in 2002 that members of the Supreme Court have been subjected to threats, harassment and intimidation from government ministers and leaders of political movements favourable to the Government to force them to retire. The Committee is also aware of attacks from government ministers and pro-government movements against teachers who were suspected to support the opposition: they were prevented by force to carry out their duties, were demoted or transferred, or lost their jobs. The Committee therefore hopes that the Government will indicate in its next report the measures taken or envisaged to ensure that in practice no discrimination based on political opinions or affiliation can take place against persons working or employed in Zimbabwe, and that any such act of discrimination is duly prosecuted and punished in accordance with the law.

General policy of non-discrimination and of promotion
of equality of opportunity and treatment

7. The Committee notes from the information supplied in the Government’s two first reports, that while a national policy for the promotion of equality between men and women in employment and occupation has been adopted, the Government does not appear to have declared and to have pursued a comprehensive and clear policy in regard to the other grounds of discrimination enumerated in the Convention. The Committee hopes that the Government will declare and pursue such a policy, as required by Article 2 of the Convention, and the next report will indicate the measures taken or contemplated in this regard.

8. The Committee notes that the draft Employment Policy has been finalized and is awaiting to be considered by Cabinet. It hopes that this policy will embody the principles of non-discrimination on all the grounds covered by the Convention, and that the next report will contain information on the contents and implementation of the policy.

Educational programmes

9. The Committee requests the Government to provide information in its report on the educational and public information programmes which exist or are considered to promote the acceptance of the principles of non-discrimination in employment based on the grounds listed in the Convention, including programmes aimed at promoting knowledge and acceptance of the National Gender Policy.

( ... )

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the communication dated 1 September 2006 received from the Zimbabwe Congress of Trade Unions (ZCTU), concerning the application of the Convention, which was forwarded to the Government on 3 October 2006 for comments. As far as the ZCTU’s comments relate to freedom of association and the right to collective bargaining, the Committee will address them under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). With regard to the issues raised relating to pregnancy and maternity, as well as discrimination based on the ground of political opinion, the Committee requests the Government to provide a reply with its next report.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Application of the Convention in occupations
outside the employment relationship

1. In paragraphs 1 and 6 of its previous direct request, the Committee had noted that, while the Labour Relations Act and the Public Service Act prohibited discrimination in the private sector and in the public sector respectively, no information was available on the measures taken to ensure equality and non-discrimination in occupations outside the employment relationship such as self-employment and farming. In its reply, the Government refers to the National Gender Policy and states that the issue of discrimination in farming where persons are employed is covered by the Labour Relations Act. The Committee hopes that the next report will indicate how persons who are not employed and work outside an employment relationship, and in particular self-employed persons in the farming sector, are protected against discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and are given equal opportunity and treatment, irrespective of these grounds, in regard to vocational training and access to employment and occupation. In particular, the Committee requests the Government to indicate the measures taken to ensure that access to land in the implementation of the Land Reform Programme is granted without discrimination based on race, sex or political opinion.

Application of the Convention in the public/civil service

2. In its previous direct request, the Committee had pointed out that section 18 of the Public Service Act prohibited discrimination for appointments and promotions only and it had asked how protection against discrimination was afforded to public employees outside appointments and promotions, and in particular in regard to vocational training. The Committee notes the Government’s reply that there is a Human Resources Planning Policy in the public service which gives every employee opportunity for training irrespective of gender. The Committee notes that the functions of the Public Service Commission, as set out in the Public Service Act, go beyond appointments and promotions in the public service. In particular, the Commission exercises disciplinary powers and makes regulations providing for the conditions of service of members of the public service. Other authorities in the public service have responsibilities for giving access to and providing training for and within the public service. The Committee observes that there is no legislative provision requiring the Civil Service Commission to ensure that there is no discrimination on all the grounds covered by the Convention in all matters falling within its mandate. Neither is there a legislative provision prohibiting discrimination in regard to the provision of training for and in the public service. The Committee hopes that in its next report the Government will indicate the measures taken or envisaged to adopt legislation to this effect.

Discrimination on the ground of sex

3. The Committee notes that the National Gender Policy was officially launched on 8 March 2004 and that a number of bodies have been put in place to carry out programmes and activities for gender sensitivity. The Committee hopes that the next report will provide information on the measures taken in pursuance of the National Gender Policy, with special attention to the following strategies regarding the Industry, Commerce and Employment Sector identified in the National Gender Policy Sector:

(i) measures to promote equitable access to, control and ownership of productive resources to reduce the level of poverty, especially among women;

(ii) affirmative action programmes to give equal employment and business opportunities to both women and men at all levels;

(iii) measures to pass legislation, enforcement and to educate all employees and employers against all forms of sexual harassment and unfair labour practices at work and in business;

(iv) measures to revise the Labour Relations and the Manpower Development Acts to include the key gender-related sections which have been excluded; and

(v) measures to correct the inadequacies of the present statistical system used to measure women’s labour force participation.

4. Statistical information. In reply to the Committee’s request for statistical data on the employment situation of men and women, the report provides tables on women in politics and decision-making, which include a table on the representation of women in the public/civil service. The Committee notes that between 2002 and 2003, the percentage of women showed a decrease at all levels of the public/civil service, with the exception of the lowest level (Administrative Officer and equivalent), where it increased from 25 per cent to 49 per cent. The Committee hopes that the next report will explain the reasons for this decrease and the measures taken or envisaged, including affirmative action programmes, to promote a better representation of women at the decision-making levels in the civil service.

5. The Committee again expresses the hope that the next report will provide statistical data on the labour force participation of men and women, disaggregated by sex, sector of activity, occupational skills and levels of responsibility.

Discrimination on the ground of political opinion

General policy of non-discrimination and of promotion
of equality of opportunity and treatment

7. The Committee notes, from the information supplied in the Government’s two first reports, that while a national policy for the promotion of equality between men and women in employment and occupation has been adopted, the Government does not appear to have declared and to pursue a comprehensive and clear policy in regard to the other grounds of discrimination enumerated in the Convention. The Committee hopes that the Government will declare and pursue such a policy, as required by Article 2 of the Convention, and the next report will indicate the measures taken or contemplated in this regard.

Educational programmes

Part V of the report form

10. Please continue to provide the information called for in this part of the report form.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide further information in its next report, particularly on the following points.

1. Coverage. The Government has provided information relating in particular to prohibition of discrimination in the employment relationship. Please indicate also what measures are being taken to ensure equality and non-discrimination in occupation outside the employment relationship - e.g. in self-employment, farming and other activities.

2. Discrimination on the ground of sex. The Committee notes the new National Gender Policy of 2002. It notes in particular that it provides for, inter alia: the adoption of affirmative action measures to give equal employment and business opportunities to both women and men at all levels; for a revision of the Labour Relations Act and the Manpower Development Act to include the "key gender-related sections" which are missing; and for the legislative and educational measures for combating sexual harassment and unfair labour practices at work. The Committee also notes that women are still concentrated in a limited range of occupations in low-paying and low-productive jobs, mostly in the informal economy. Therefore, the Committee asks the Government to provide information on the implementation of the National Gender Policy and to supply statistical data on the employment situation of men and women disaggregated by sex, sector of activity and level of responsibility.

3. Discrimination on the ground of political opinion. The Committee notes that the principle of non-discrimination on the ground of political opinion is enshrined both in the Constitution and in the labour law. However, the Government did not provide information on the way the principle is respected in practice. The Committee notes the Concluding Observations of the United Nations Human Rights Committee in 1998 (UN document CCPR/C/79/R22.89) which expressed concern about acts of political violence against government opponents, for which immunity has been extended to perpetrators. The Committee recalls that the protection of freedom of expression, especially the expression of political opinions, is aimed at giving the person an opportunity to seek to influence decisions in the political, economic and social life of his or her society. Political organizations and parties constitute a framework within which the members seek to secure wider acceptance of their opinions. Therefore, the Committee requests the Government to supply information on the manner in which it protects workers against discrimination with regard to employment and occupation on the basis of political opinion.

4. Article 1(1)(b) of the Convention. The Committee welcomes the adoption of the Labour Relation (HIV/AIDS) Regulations of 1998, which prohibits discrimination on the basis of the HIV status in relation to employment and occupation. Noting that the grounds of banned discrimination in the Constitution also include language, class, culture, marital status, disability, natural difference or condition and age, the Committee asks the Government to indicate whether it intends to include HIV/AIDS, disability or any other ground, as a ground upon which discrimination is prohibited in employment and occupation under the Convention.

5. Article 1(2). In order to enable the Committee to appreciate fully how section 5(7) of the Labour Relations Act is applied, please provide examples of the implementation of this section in practice, in particular on the application of the provision indicating that exclusion or preferences on the basis of decency or propriety is not a violation of the prohibition of discrimination.

6. Article 1(3). The Committee notes article 43 of the Constitution and section 5 of the Labour Relations Act, which prohibit discrimination on all the grounds listed in the Convention. It notes that the Labour Relations Act covers only employees in the private sector. As for the public sector, it notes that section 18 of the Public Service Act prohibits discrimination for appointments and promotions only and that the ground of religion is not considered. The Committee asks the Government to indicate how protection is afforded against discrimination in occupation for self-employed persons, domestic workers, and for public employees outside appointments and promotion practices. Moreover, the Committee notes that training is mentioned in section 5(1)(e) of the Labour Relations Act, which has a limited scope of application, and that there is no prohibition of discrimination in the Manpower Planning and Development Act. It asks the Government to provide information on how equality of opportunity and treatment is ensured in practice in respect of vocational training.

7. Article 2. The Committee notes the adoption of the National Gender Policy that aims at: eliminating all negative economic, social and political policies, cultural and religious practices that impede equality and equity of the sexes; mainstreaming gender in all aspects of the development process; and ensuring sustainable equity, equality and empowerment of women and men in all spheres of life. The Committee asks the Government to provide information on the impact of the National Gender Policy. It also asks it to indicate what measures have been taken towards the formulation of a national policy for the promotion and realization of equality of opportunity and treatment in respect of all the other grounds covered by the Convention. Finally, noting the Government’s statement that it is in the process of "coming up with an employment policy and an employment creation act, which will cover some of the aspects of discrimination", the Committee asks the Government to provide information on the progress achieved in this respect.

8. Article 3(a). The Committee would appreciate receiving information on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in promoting and realizing the acceptance and observance of the principle of the Convention.

9. Article 3(c). The Committee notes the Government’s commitment in the National Gender Policy to reviewing the Labour Relations Act and the Manpower Planning and Development Act. It also notes the 1998 Concluding Observations of the Committee on the Elimination of Discrimination against Women (CEDAW) that express concern over the continued existence of and adherence to customary laws that discriminate against women, in particular in the context of the family. Noting that customary law can have an impact on the status of women and affect equality in employment and occupation, the Committee requests the Government to supply information on this question, and on the relationship between statutory law and customary law as it may affect the equal treatment of women.

10. Article 4. The Committee requests the Government to indicate the procedures available to a person who has suffered in employment due to being accused of engaging in activities prejudicial to the security of the State. Please provide a copy of the laws or regulations on this subject, and provide examples of any cases of this kind that may have been brought before a court.

11. Article 5. Please provide information on special measures of protection or assistance to meet the particular requirements of disabled persons, or other groups that may require it.

12. Part IV of the report form. The Committee requests the Government to provide information on any case brought before the Public Service Commission, which is competent to resolve appeals of decisions concerning public servants, or before the Labour Relations Tribunal concerning the application of the Convention.