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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Zambia (Ratification: 1996)

Articles 2 and 3 of the Convention. Revision of the Industrial and Labour Relations Act. In its previous comment, the Committee had expressed regret that the last review of the Industrial and Labour Relations Act (ILRA) (Act No. 19 of 22 December 2017) failed to address the substantive issues raised by the Committee with regard to sections 2(e), 5(b), 7(3), 9(3), 18(1)(b), 21(5) and (6), 43(1)(a), 78(4), and 107, which pertain to the right of workers, without distinction whatsoever, to establish and join organizations, the right of organizations of workers and employers to elect their representatives, and the right of workers’ organizations to freely organize their activities and to formulate their programmes. The Committee notes the Government’s indication that the ILRA assists in maintaining industrial harmony and stability of the labour market and that social partners are not dismayed by the provisions identified as problematic by the Committee. The Committee notes with deep concern that no consideration is being given to amending the ILRA by the Government. Recalling that it is the responsibility of the Government to ensure the application of the international labour Convention concerning freedom of association which has been freely ratified, the Committee urges the Government to take all necessary measures to amend the abovementioned provisions and to inform it of all steps taken in this respect.

The Committee had previously requested the Government to provide information with regard to the closing of the procedure for the recognition of the Zambia Union of Financial Institutions and Allied Workers (ZUFIAW) by the Zambia Revenue Authority (ZRA) and to indicate whether workers of the ZRA can establish or join unions of their own choosing without prior authorization. The Committee notes the Government’s indication that the ZRA is not a financial institution nor is it an allied financial institution. Thus, in line with section 5(b) of the ILRA, which limits trade union membership to workers in the same occupation or branch of activity, workers of the ZRA are not eligible to join the ZUFIAW. While noting the Government’s indication that out of 2243 ZRA employees, 1953 are members of the Zambia Revenue Authority Worker Union, the Committee recalls that conditions such as those set by section 5(b) of the ILRA may be applied only to first-level organizations, a category to which ZUFIAW does not belong. The Committee therefore emphasizes the need to amend the ILRA without further delay so as to ensure the right of workers to establish and join organizations of their own choosing in law and in practice.

[The Government is asked to reply in full to the present comments in 2023.]