Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Migration for Employment Convention (Revised), 1949 (No. 97) - Zambia (Ratification: 1964)

Article 6(1)(b) of the Convention. Equality of treatment in respect of social security. The Committee had previously emphasized that, pursuant to Article 6(1)(b) of the Convention, equality of treatment with respect to social security should be ensured with regard to all foreign workers lawfully in the territory and not only to those permanently residing in the country. It had noted the Government’s indication that the National Pensions Scheme Act No. 60, 1996, has transformed the National Provident Fund into a national pension scheme, which became operational on 1 February 2000. The Committee notes that pursuant to section 13(2) of the Act, the Minister may, by statutory instrument, vary or add to the list of employees in the second schedule of the Act. The Committee notes the Government’s statement in a report submitted in 2009 that there is no exemption of other categories of employees from the application of the provisions of the Act. However, the Government also states that consultations are ongoing on proposed amendments to the Act. The Committee hopes that the Government, in revising the National Pensions Scheme Act No. 9, 2000, will take due account of the principle of equality of treatment in social security, embodied in Article 6(1)(b) of the Convention, and asks the Government to provide information on any further developments with respect to the revision of the Act. Please also continue to provide information on any statutory instruments that have been adopted exempting other categories of employees from the National Pensions Scheme Act No. 9 of 2000.

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s statement that Zambia’s attractive investment policies have resulted in an influx of foreign labour into the country in the past five years. This trend has prompted the Government to review its policy with respect to the issuing of work permits and requirements for foreign nationals who wish to be self-employed. The Government indicates that the draft Employment Act (Amendment Bill) particularly aims to strengthen the “Zambianization” Committee so as to ensure that foreign nationals are only allowed to take up jobs where suitable and qualified Zambians are not available. The Committee notes that the draft Employment Act (Amendment Bill) defines Zambianization as meaning the process of adequately preparing Zambian nationals with requisite qualifications and skills to take over jobs occupied by foreign nationals. The Committee asks the Government to continue to provide information on how the recent influx of foreign labour is having an impact on its migration laws and policies. Please provide copies of any new or amended legislation or policies implementing the provisions of the Convention.

Article 6)(1)(a)(i). Equality of treatment with respect to remuneration. The Committee notes that section 75 of the draft Employment Act (Amendment Bill) provides that every expatriate employee and a Zambian professional with matching qualifications engaged to hold similar roles shall be remunerated “equitably”, and that this includes all other terms and conditions of service applicable to the two categories of employees. The Committee is of the view that, in practice, providing “equitable remuneration”, may be narrower than ensuring equal remuneration between nationals and non-nationals in according with the Convention. The Committee, therefore, asks the Government to consider revising the amendment to ensure that nationals and migrant workers lawfully in the country are treated on equal footing with respect to remuneration and terms and conditions of employment.

Protection against discrimination. The Committee notes that the definition of discrimination in the draft Employment Act (Amendment Bill) does not include nationality among the prohibited grounds of discrimination. It recalls that under the terms of paragraph 1 of Article 6 of the Convention, each ratifying Government undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of conditions of work and life (e.g. remuneration, membership of trade unions and enjoyment of benefits of collective bargaining, accommodation), social security, employment taxes and access to justice. The Committee encourages the Government to take the opportunity of the revision of the Employment Act to include provisions explicitly protecting foreign workers against discrimination, in particular with respect to the matters covered by Article 6(1)(a)–(d) of the Convention.

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Recalling that under the terms of paragraph 1 of Article 6, each State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters set out in points (a)–(d) of the Article, the Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to ensure that migrant women workers are treated on an equal footing with their male colleagues, whether or not they are foreign nationals, with regard to conditions of work and life, social security, employment taxes and access to justice, in view of the increasing feminization of the migrant workforce (see General Survey on migrant workers, 1999, paragraphs 22, 23 and 658).

Article 8. As this provision was one of those referred to most frequently by governments on the occasion of the General Survey as raising difficulties with regard to its application (see General Survey, 1999, paragraphs 600–608), the Committee would be grateful if the Government would provide information on the application in practice of the maintenance of the right to residence in the event of the incapacity for work of migrant workers admitted on a permanent basis.