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

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

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.