Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (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.

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