Texts of pending comments

Articles 1–4 of the Convention. Gender wage gap. Previously, the Committee requested the Government to: (1) strengthen its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; (2) provide information on the specific measures taken to address the gender remuneration gap; and (3) provide updated statistical information on the earnings of men and women in all the sectors and occupations of the economy. The Committee notes that the Government’s report does not contain information in response to its questions. It notes, however, from the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), that the percentage of women with at least secondary school education represented 52.3 per cent in 2016. Recalling that it had previously noted the persistent vertical and horizontal segregation of men and women in certain sectors and occupations, as well as the significant gender wage gap in the country, the Committee once again requests the Government to: (i) step up its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; (ii) provide information on the specific measures taken to address the gender wage gap by identifying and addressing its underlying causes, such as vertical and horizontal job segregation and gender stereotypes, in both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; and (iii) provide updated statistical information on the earnings of men and women in all sectors and occupations.

Articles 1 and 2. Equal remuneration for men and women for work of equal value. Legislation. In its previous observation, the Committee requested the Government to provide information on: (1) the actual methods and criteria used to evaluate the “demands” made by a specific job, in order to ensure that the definition of the expression “work of equal value” provided for in section 31 of the Gender Equity and Equality Act, 2015, permits a broad scope of comparison in practice, based on the principle of equal remuneration for men and women for work of equal value, as required by the Convention; (2) the measures taken to raise awareness among workers, employers and their respective organizations of the new equal remuneration provisions and the existence of penalties for non-observance; (3) the application and enforcement of section 31 of the Gender Equity and Equality Act in practice, and particularly the number of violations dealt with by labour inspectors, courts and the Gender Equity and Equality Commission, and the penalties imposed; and (4) the progress made with the draft Labour Code.

The Committee notes the document containing “method and criteria used to evaluate demands of specific jobs to cater for the principle of work of equal value in the public service” of May 2021, attached to the Government’s report. It notes that the document outlines the factors to be used for the evaluation of management jobs and non-management jobs in the public service. These factors include: professional, academic and vocational qualifications; relevant previous experience; skills; physical and mental effort; responsibility; hazards; and working conditions. The Committee also notes that an appeal procedure is available for workers who consider that the job evaluation is incorrect. The Committee however notes that the document refers to “equal pay for equal work” explaining that “personnel in job positions with similar job content would be remunerated comparably”, which is narrower than the principle of the Convention as well as the notion of “work of equal value”, as defined in section 31 of the Gender Equity and Equality Act. Concerning the private sector, the Committee notes the Government’s indication that it monitors, through the Ministries of Gender, and Labour and Social Security, compliance with the Gender Equity and Equality Act by means that include the conclusion of collective agreements, contracts of employment attested by the labour officers and the undertaking of labour inspections. The Government also indicates that it carries out sensitization programmes on TV, radio, electronic and social media.

The Committee notes with satisfaction that section 5(4) of the Employment Code Act, No. 3 of 2019, provides that: “An employer shall pay an employee equal wages for work of equal value”. It also notes that section 3 of the Act defines wage as “the pay, remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by a contract of employment which are payable by an employer to an employee for work done or to be done or for services rendered or to be rendered”. In this regard, the Committee recalls that Article 1(a) of the Convention contains a broad definition of remuneration that also includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment”. Noting the document outlining methods and criteria for job evaluations in the public service refers to equal pay for “equal work”, the Committee requests the Government to indicate how it is ensured that the job evaluation methods and criteria applied in the public service also cover in practice work of a different nature that is of “equal value”, and to provide information on any appeals filed against job evaluations and the corrective measures adopted as a result. The Committee also requests the Government to supply information on the results of the monitoring activities undertaken through the Ministries of Gender, and Labour and Social Security concerning the application of the Convention in the private sector and to continue providing information on the application of section 31 of the Gender Equity and Equality Act in practice. The Government is also requested to clarify whether section 5(4) of the Employment Code Act, 2019, also applies to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, and to provide examples of the application in practice of this provision.

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

Article 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value by collective agreements. Further to the Committee’s request for information on the application of the principle of the Convention by collective agreement, the Government indicates that the Zambia National Union of Health and Allied Workers, as an affiliate union of the Zambia Congress of Trade Unions, works in consultation with Government and employers through the Tripartite Consultative Labour Council to ensure that issues related to “equal pay for work of equal value” are included and addressed in social dialogue. The Committee requests the Government to provide information on the achievements of the Tripartite Consultative Labour Council with regard to the advancement of the principle of the Convention, including examples of collective agreements that provide for equal remuneration for men and women for work of equal value. It also reiterates its request for information on the following points: (i) the examination process concerning collective agreements previously referred to by the Government, the methods and criteria used for the assessment, as well as any specific activities undertaken, in collaboration with employers’ and workers’ organizations, regarding the issue of wage disparities between men and women and how they can be reduced; and (ii) the distribution of men and women in the different grades and wage scales provided for in collective agreements, including in those concluded in the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector.

Enforcement. Previously, the Committee requested the Government: (1) to take appropriate measures to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, including the establishment of the Gender Equity and Equality Commission under the Gender Equity and Equality Act, 2015; (2) to provide information on any activities undertaken in this regard; and (3) to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard. The Committee notes the information provided by the Government according to which to date there have been no judicial decisions concerning the application of the principle of the Convention. The Committee also notes that the Employment Code Act, 2019, provides for the appointment of the Labour Commissioner which, pursuant to section 10 of the Act, may, among other things, enter by day any premises in order to carry out any examination, test or inquiry that the Labour Commissioner considers necessary in order to determine if the provisions of the Act are being complied with; and interview, whether alone or in the presence of a witness, an employer or employee on any matter concerning the application of a provision of the Act. Where the Labour Commissioner has reason to believe that a provision of the Act is likely to be or has been contravened, the Labour Commissioner may issue a written notice specifying the contravention and the preventative or remedial measure to be undertaken within a specified period. The Committee requests the Government to provide information on the contraventions detected by the Labour Commissioner concerning violations of section 5(4) of the Employment Code Act, 2019, providing for “equal wages for work of equal value”, and on any preventive or remedial measures adopted as a result. The Committee also requests the Government to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard. In this regard, it encourages the Government to take the necessary measures to strengthen the capacity of enforcement authorities, as well as of social partners, to identify and address cases entailing the violation of the principle of the Convention, including awareness-raising campaigns and tailored training programmes. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 1 of the Convention. Protection of workers against discrimination. Legislation. In its previous observation, the Committee noted that the Employment Amendment Act of 2015 (“Act of 2015”) and the Constitution of Zambia (Amendment) Act, 2016 do not refer to the grounds of “national extraction” and “social origin” set out in Article 1(1)(a) of the Convention. It also noted that the Act of 2015 only refers to discrimination in case of termination of employment under section 36(3). The Committee therefore requested the Government: (1) to provide updated information on the practical application of section 36(3) of the Employment Act, including a copy of any court decisions on cases where dismissal was based on prohibited grounds, more particularly on the ground of “social status” in order to enable the Committee to assess its meaning in practice; and (2) to strengthen its efforts to give full legislative expression to the principle of the Convention by defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation with respect to all the grounds set out in Article 1(1)(a) of the Convention and to provide information on any progress made in this regard. The Committee notes with satisfaction that the Employment Code Act, adopted in 2019, at section 5, prohibits direct and indirect discrimination against an employee or a prospective employee “in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment”. Section 5(2) of the Act lists the following grounds of prohibited discrimination: “colour, nationality, tribe or place of origin, language, race, social origin, religion, belief, conscience, political or other opinion, sex, gender, pregnancy, marital status, ethnicity, family responsibility, disability, status, health, culture or economic grounds”. Although national extraction is not expressly referred to, it appears to be covered by the grounds of “tribe or place of origin”. The Committee also notes that section 5(5) provides that a person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty unit. Following the adoption of the Employment Code Act, 2019, the Employment Act Cap 268 of the laws of Zambia, and its Amendment of 2015, were repealed. Welcoming this legislative development, the Committee requests the Government to provide information on the application in practice of the provisions of Employment Code Act, 2019, regarding discrimination, including the number and type of offences for which fines have been applied pursuant to section 5(5) of the Act, and examples of cases of discrimination based on the grounds of “tribe or place of origin” which have been addressed under the Act, with a view to allowing the Committee to ascertain the scope of these grounds in practice.

Articles 2 and 3. National equality policy. The Committee notes the Government’s information about the development of a national policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee requests the Government to provide information on any developments concerning the formulation and adoption of the national equality policy and encourages it to consult the social partners and other interested groups with regard to the formulation of such policy in order to ensure its relevance, raise awareness about its existence, promote its wider acceptance and ownership, and enhance its effectiveness.

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual Harassment. The Committee previously requested the Government: (1) to provide information on the practical application of sections 39 and 40 of the Gender Equity and Equality Act, 2015 concerning sexual harassment; and (2) to supply a copy of the relevant clauses of the Public Service Disciplinary Code defining sexual harassment and discrimination. The Committee notes the Government’s indication in its report that awareness-raising about sexual harassment is included in the induction trainings offered to newly recruited employees in the public service who also receive a copy of the Disciplinary Code and Procedures for Handing Offences in the Public Service and Local Government Service. The Committee notes that the Disciplinary Code defines sexual harassment as encompassing seductive sexual advances, such as unsolicited sexual comments, indecent assault, looks, suggestions, physical contact or other gestures of a sexual nature which one finds objectionable or offensive or which cause discomfort in one’s job or interferes with work performance or a conducive work environment; sexual bribery, i.e. soliciting, or attempting to solicit and/or offering sexual activities for a reward; sexual threat or coercion; sexual imposition; rape; and sexual relationship with a learner or a pupil. The Committee notes that the Disciplinary Code does not cover sexual harassment by clients or other persons met in connection with performance of work duties, in addition to employers, supervisors and co-workers and refers to its general observation of 2012 on this point. The Committee requests the Government to provide information on the application in practice of the Disciplinary Code, including the sanctions imposed and the remedies provided to the victims, and how it is ensured that sexual harassment by persons encountered in connection with the performance of work duties is also prevented and addressed. The Committee also once again requests the Government to provide information on the application of sections 39 and 40 of the Gender Equity and Equality Act, 2015, including information on the policy and procedures adopted to establish and regulate disciplinary and grievance procedures, and their impact on preventing and addressing cases of sexual harassment in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination. Disability. In the absence of response to its previous comments, the Committee once again requests the Government to provide information on:

(i) the application in practice of section 35(2) and (3) of the Persons with Disabilities Act, 2012, prohibiting discrimination in employment on the ground of disability and providing for the adoption of measures to ensure the creation of an open, inclusive and accessible labour market and work environment for workers with disabilities, and section 31(3) of the Gender Equity and Equality Act prohibiting discrimination in employment against women on the ground of disability, including information on any case of discrimination based on disability dealt with by the labour inspectorate, the courts or any other competent authorities and the sanctions imposed;
(ii) the measures taken to promote vocational training and education, as well as the employment of persons with disabilities, including in the framework of the Citizens Economic Empowerment Commission, the Promoting Rights and Opportunities for People with Disabilities in Employment through Legislation (PROPEL) action plan and the Zambia Business and Disability Network, and the results achieved; and
(iii) any progress made in the adoption of statutory instruments setting an employment quota for persons with disabilities in the public and private sectors, as provided for in section 39 of the Persons with Disabilities Act, and updated statistical information on the employment rates of workers with disabilities, disaggregated by sex, occupation and work environment (a segregated work environment or the open labour market).

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee previously requested the Government to continue to provide information on the specific measures taken, in the framework of the revised National Gender Equality Policy or otherwise, to improve access to education and reduce school drop-out rates of girls and promote broader participation of women in vocational training courses (other than those traditionally dominated by women), as well as to enhance women’s economic empowerment and access to decision-making positions, and their impact in improving equality of opportunity and treatment between men and women in employment and occupation and in addressing gender segregation in the labour market; including updated statistical information. The Committee notes from the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report) that under the Girls Education and Women’s Empowerment and Livelihoods (GEWEL) project a number of measures have been adopted to promote greater’ access and retention of girls in school, including the re-entry policy for girls to give them the opportunity to return to school after giving birth; lower admission points for girls entering tertiary institutions in Science Technology Engineering and Mathematics (STEM), and the payment of schools fees for vulnerable girls. The Committee notes that overall the GEWEL project aims to increase access to secondary education for 25,000 girls in extremely poor households and to support 75,000 women in life and business skills. The Committee further notes from the same source that under the Citizens Economic Empowerment Act, 2006, funds are allocated to support women’s cooperatives through grants aimed at increasing productivity, including by providing agricultural equipment. Similarly, the Agricultural Development and Value Chain Enhancement (ADVANCE) Project seeks to enhance the agricultural productivity of women and value chains for agro-products. The Committee requests the Government to provide information on the results achieved through the ADVANCE and GEWEL projects in terms of enhanced equality of opportunity and treatment of women in employment and occupation. Noting the absence of responses to its previous requests, the Committee once again asks the Government to provide: (i) information on the implementation of the revised National Gender Equality Policy, its results in improving equality of opportunity and treatment for men and women in employment and occupation and in addressing gender segregation in the labour market, and any difficulties encountered; and (ii) updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by sector and occupational category, including decision-making positions.

Public service. The Committee reiterates its request for information on the following points: (i) the specific measures taken to improve equality of opportunity and treatment for men and women in employment and occupation in the public sector, including by promoting women’s access to all public institutions, especially in decision-making positions, and the results achieved; and (ii) statistics on the distribution of men and women in the public service, disaggregated by grade and level of responsibility.

Equality of opportunity and treatment irrespective of race, colour and national extraction. San and Khoe peoples. The Committee notes from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that the San and Khoe peoples suffer from “high rates of poverty in a challenging economic and social environment”. It notes that the CERD expressed concern at the fact that “the San and Khoe peoples do not have access to their ancestral lands, education, housing, employment, health care and political participation and representation” (CERD/C/ZMB/CO/17-19, 3 July 2019, paragraph 25). The Committee asks the Government to provide information on the obstacles encountered by the San and Khoe peoples in accessing and carrying out wage work and in accessing the various occupations without discrimination, the measures adopted to ensure that they enjoy equality of opportunity and treatment in respect of employment and occupation, including their traditional occupations, and the impact of these measures on promoting the principles of the Convention.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. The Committee notes that according to section 5(3)(d) of the Employment Code Act, 2019, it is not discriminatory to restrict access to limited categories of employment where it is necessary in the interest of state security. The Committee recalls that, all measures of state security should be sufficiently well defined and precise to ensure that they do not become instruments of discrimination on the basis of any ground prescribed in the Convention and that the persons concerned shall have the right to appeal to a competent body, which should be separate from the administrative or governmental authority and should offer a guarantee of objectivity and independence (General Survey on the fundamental Conventions, 2012, paragraphs 834–35). In light of the above, the Committee requests the Government to provide examples of the application of section 5(3)(d) of the Employment Code Act, 2019, and to indicate how it is ensured that the restrictions adopted comply with Article 4 and do not constitute discrimination under Article 1 of the Convention.

Article 5(2). Special measures of assistance. In its previous comments, the Committee requested the Government to continue providing information on the empowerment services delivered under the Citizens Economic Empowerment Act, 2006, to targeted citizens, including those who are disadvantaged due to race, educational background, disability and status, including HIV status, to ensure their access to economic resources, as well as the results achieved. The Committee notes that section 5(3) of the Employment Code Act, 2019, provides for the adoption of affirmative action measures to promote equality and eliminate discrimination at the workplace. The Committee requests the Government to provide information on any affirmative action measure adopted pursuant to section 5(3) of the Employment Code Act, 2019.

Enforcement. The Committee previously requested the Government to provide information on any activities undertaken to raise public awareness of the Gender Equity and Equality Commission and other procedures now available at the local level, as well as on the progress made in the establishment of Human Rights Commission (HRC) offices in provinces and districts; and on any cases of discrimination dealt with by the labour inspectorate, the HRC, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted. The Committee notes the Government’s indication that no judicial decision has been handed down concerning the application of the Convention. The Committee notes from the concluding observations of CERD that there have been alleged cases of racial discrimination against Zambian workers, in particular those working on large commercial farms and in mines owned by expatriates. However, no complaints of racial discrimination were brought before domestic courts between 2007 and 2017, while only one complaint was reported to the Zambian Human Rights Commission and six complaints were lodged with the Ministry of Labour and Social Security (CERD/C/ZMB/CO/17-19, paragraph 15). The Committee also notes from the Annual Report of the National Human Rights Commission that 16 cases of discrimination were received in 2019. The Committee further notes that under section 10 the Employment Code Act, 2019, the Labour Commissioner is charged, among others, with carrying out any examination, test or inquiry that the Labour Commissioner considers necessary in order to determine if the provisions of the Act are being complied with; and interview, whether alone or in the presence of a witness, an employer or employee on any matter concerning the application of a provision of the Act. Where the Labour Commissioner has reason to believe that a provision of the Act is likely to be or has been contravened, the Labour Commissioner may issue a written notice specifying the contravention and the preventive or remedial measure to be taken within a specified period. In light of the above, the Committee requests the Government to provide information on: (i) any measures adopted to enhance the capacity of enforcement authorities, as well as the social partners, to identify, prevent and address cases of discrimination; (ii) any contraventions detected by the Labour Commissioner concerning violations of section 5 of the Employment Code Act, 2019, and any preventive or remedial measures adopted as a result; and (iii) any cases of discrimination dealt with by the labour inspectorate, the Human Rights Commission, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment, air pollution, noise, vibration) and 176 (safety and health in mines) together.

1. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. In reply to its previous comment regarding the adoption of regulations on noise and hazardous substances, the Committee notes the Government’s indication that those regulations have not yet been finalized. The Government also indicates that, in accordance with to the Environmental Management Act 2011, the Environmental Management Agency shall establish quality and pollution control standards. The Committee recalls that, in accordance with to Article 8, the competent authorities shall establish criteria for determining the hazards of exposure to air pollution and vibration and also specify exposure limits for these hazards. Noting that the adoption of the proposed regulations has been pending for many years, the Committee requests the Government to provide detailed information on the steps taken to move forward with their endorsement and the obstacles encountered in the process. The Committee also requests the Government to communicate a copy of these texts once they have been adopted.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. In reply to its previous comment, the Committee notes the Government’s indication that a competent service to deal with matters relating to the prevention of air pollution is still being developed. The Committee requests the Government to provide detailed information on the progress made in the establishment of such competent service. It also requests the Government to indicate how employers deal in practice with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment in the absence of a dedicated service.

Application in practice. Noting once again the absence of information on this point, the Committee requests the Government to provide a comprehensive account of the manner in which the Convention is applied in practice, including the number and nature of the contraventions reported and the number and nature of work-related accidents and cases of occupational disease reported caused by exposure to air pollution, noise or vibration.

2. Safety and Health in Mines Convention, 1995 (No. 176)

Article 4 of the Convention. National laws and regulations. In reply to its previous comment, the Government indicates that the Mines and Minerals Development Act of 2015 and the Mining Regulations are the primary instruments that ensure the application of the Convention. The Committee also notes the Government’s indication that the Mines and Minerals Development Act of 2015 is currently under review and that the Mining Regulations will be amended after the review of the primary Act had been concluded. The Committee requests the Government to provide information on developments relating to the adoption of the revised Mines and Minerals Development Act and Mining Regulations. The Committee also requests the Government to communicate a copy of these texts (the Act and the Regulations) once they have been revised and adopted.

Article 5(5). Plans of workings. The Committee previously noted that, pursuant to section 501(2) of the Mining Regulations, where the average number of persons employed in the mine is fewer than 100, managers may request the Chief Inspector for a total or partial exemption from the duty to ensure that mine plans are prepared and kept at the mine. The Committee notes the Government’s indication that all exemptions issuable under Mining Regulations must be consistent with the spirit of section 2102 of the Mining Regulations. This section provides that, when the circumstances at any mine are such as to render any provision of the Regulations inapplicable or unduly onerous to such mine, or whenever it is necessary for the purpose of carrying out experiments or tests as to the expediency for any regulation or proposed regulation, the Chief Inspector may grant written exemption from such conditions as he may determine. The Committee notes the Government’s indication that in practice no such situations have arisen and thus no exemptions have been granted pursuant to section 501 of the Regulations. The Committee notes once again that Article 5(5) does not provide for any exception from the duty of the employer in charge of the mine to ensure that appropriate plans of workings are kept available at the mine site. The Committee therefore requests the Government to adopt the necessary measures to give full effect to Article 5(5) in the context of the review process of the Mining Regulations. The Committee also requests the Government to continue providing information on any exemptions, full or partial, granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee notes the Government’s indication that Parts II, X, XIV and XIX of the Mining Regulations establish the requirements for mine machinery management and that in particular sections 1433-1441 of the Regulations refer to communication requirements for underground mines. The Committee notes that those sections refer to a locked-bell system which is a signalling method of communication that provides for the signal to be sent to a winding engine driver and which cannot be operated unless a special key, known as the key to the locked-bell, remains inserted in the system switch in use at the time. The Committee requests the Government to provide additional information on the operation of the system of communication in mines, and on the measures adopted to ensure that such communication system provides for conditions of safe operation.

Article 7(b). Commissioning and decommissioning of the mine. The Committee notes that, in reply to its previous comment, the Government refers to section 201 of the Mining Regulations, which provides that any mine holder shall give written notice to the Chief Inspector within three days from the commencing, recommencing, or abandoning of work. The Committee also notes the Government’s indication that workplaces are subject to commissioning or abandonment inspections to ensure that safety conditions are met. Furthermore, the Committee notes that, according to the Government, it is part of the commissioning inspectorate activities to ensure adequate risk assessments before operations are authorized. The Committee requests the Government to provide information on any law and/or regulations which require inspections and risk assessments to be conducted at the commissioning and decommissioning of a mine, as provided by Article 7(b) of the Convention.

Article 7(g). Operating plan and procedures. In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee notes that, in reply to its previous request, the Government indicates that mines are expected to run mine rescue teams which are available day and night and that are coordinated to respond to disasters occurring in the industry regardless of mine ownership. The Committee also notes the Government’s reference to the provisions of Part XII of the Mining Regulations concerning first aid and fire fighting. The Government reports that, in practice, those seeking mining licences are required to submit the plans to ensure the safety of mineworkers to the Mines Safety Department as a prerequisite for obtaining a licence. The Committee recalls that Article 8 provides for the duty of the employer to prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters. The Committee requests the Government to indicate the legal provisions and measures adopted to give effect to this provision of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee notes the Government’s reference to section 20(2)(b) of the Mines and Minerals Development Act on the requirement to conduct training programmes for the transfer of technical and managerial skills to Zambians, as well as to Part II of the Mining Regulations, which requires the employment of competent persons in mines. The Committee requests the Government to provide additional information on the training conducted in the context of section 20(2)(b) of the Mines and Minerals Development Act. In addition, the Committee requests the Government to indicate the measures adopted to ensure that comprehensible instructions and retraining programmes are provided to workers, at no cost to them, on safety and health matters, as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. The Committee notes the Government’s indication that responsibilities related to the safety and health of employees rest with the owner of the mining licence. The Government also indicates that contractors are required to operate within the prescriptions of the owner, while the owner remains liable overall. The Committee notes the Government’s reference to section 408 of the Mining Regulations, which requires the contractor to report to the manager any case of an accident or occurrence of nature. The Committee recalls that Article 12 outlines the responsibilities of employers related to mine safety in situations where two or more employers undertake activities at the same mine. The Committee once again requests the Government to provide information on the measures adopted to ensure that, whenever two or more employers undertake activities at the same mine, the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, in reply to its previous comment, the Government indicates that sections 402, 404 and Part XVI (on accidents) of the Mining Regulations implement section 38(2)(i) of the Occupational Safety and Health Act. The Committee notes that section 402 of the Mining Regulations provides for the right of the worker to report accidents, dangerous occurrences and hazards to the employer and to the competent authority. However, the Committee notes that the provisions referred to above do not establish procedures in respect of the right of the workers to request and obtain inspections and investigations (Article 13(1)(b)) and for the right to removal in case of danger (Article 13(1)(e)). The Committee requests the Government to provide information on the procedures established by national laws and regulations to give effect to these provisions of the Convention.

Article 13(2)(c). Advisers and independent experts. The Committee notes that, in reply to its previous comment, the Government confirms that health and safety representatives may engage advisors and independent experts when there is an issue in relation to the safety of employees at the workplace. The Committee takes note of this information, which addresses its previous request.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on Workmen’s Compensation, the Committee considers it appropriate to examine Convention No. 17 (accidents) and No. 18 (occupational diseases) together.

Convention No. 17. Social protection reform. The Committee notes the information provided by the Government in response to its previous comments, indicating that the Social Protection Bill contains legislation concerning old-age pension, noting however that the bill does not deal with workers’ compensation in case of work accident.

Application of the Convention in practice. In its previous comments, the Committee observed that the average monthly level of employment injury benefits in case of permanent disability, 54 Zambian kwacha (ZMW) was relatively low and requested the Government to provide information concerning the outcome of a study by the Actuary Department of the United Kingdom on the establishment of a minimum pension under the Workers’ Compensation Fund. The Committee notes the Government’s indication that the actuarial valuation carried out by the Actuary Department of the United Kingdom for the period 1 April 2011 to 31 March 2014 recommended a minimum pension of ZMW125. The Committee requests the Government to provide information on measures taken or envisaged to increase the level of compensation in case of permanent incapacity resulting from a work related injury with a view to improving the application of the Convention in practice. The Committee also requests the Government to continue providing statistical information in this regard.

Article 2 of Convention No 18. Schedule of occupational diseases. With reference to its previous comments, the Committee notes that the Government indicates that the bill amending the Workers’ Compensation Act No. 10 of 1999 is still undergoing legislative processes and that, among the regulations drafted, one will relate to the list of diseases, taking into account the ILO Lists of Diseases. The Committee further notes that the Government confirms that the Act currently covers two diseases, which are Pneumoconiosis and Tuberculosis suffered after exposure to silica. The Committee requests the Government to continue providing information on the amendment of the list of occupational diseases with a view to giving full compliance to this provision of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 or Convention No. 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area. The Committee notes that the Government welcomes technical assistance from the Office in this regard and hopes that it will be carried out in the very near future.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. In its earlier comments, the Committee noted the obstacles facing prosecutors in cases related to trafficking in persons, such as lack of sufficient evidence to prosecute under anti-trafficking legislation and lack of information on exploitation of the victim. It also noted that the Government had benefited from the assistance of the ILO, the International Organization for Migration (IOM), and the United Nations Children’s Emergency Fund (UNICEF) within the framework of an European Commission funded project, with the objective of providing training and capacity building to the social partners and labour inspectors on trafficking, and defining strategies for empowering workers and their families to combat trafficking in persons. The Committee further noted the activities implemented within the framework of the Joint Programme under the IOM’s Counter Trafficking Assistance Programme, including the reinforcement of capacities of the law enforcement bodies and civil society to operationalize the Anti-Human Trafficking Act of 2008. It requested the Government to take the necessary measures to enable the law enforcement officials to identify effectively cases of trafficking in persons and to gather the necessary evidence to support criminal prosecution.

The Committee notes the detailed information provided by the Government in its report on the various measures taken by the National Prosecution Authority (NPA) in building the capacities of the law enforcement officials and prosecutors to deal with cases related to trafficking in persons. In this regard, the Committee notes that the NPA, in cooperation with the United Nations Office on Drugs and Crime (UNODC) as well as in partnership with regional bodies, such as the Conference of Western Attorneys General–African Alliance Partnership (CWAG–AAP), the Asset Recovery Inter-Agency Network for Southern Africa (ARINSA), the African Prosecutors Association (APA), and the Southern African Development Community (SADC) and other national and international bodies, conducted various training programmes and capacity-building activities for law enforcement officials and designed initiatives to enhance the prosecutorial services and investigation techniques of trafficking in persons cases across the country. It also notes the Government’s information that such cooperation has enabled it to create a platform for exchanging information and gathering statistics, data and other relevant information on trafficking in persons within the country. It also notes that within the partnership with the APA, the NPA has benefited from the training provided by the International Law Enforcement Agency (ILEA). The Committee further notes the Government’s reference to the UNODC–Zambia Cooperation Project on trafficking in persons, launched in March 2019, which aims to sensitize key stakeholders on UNODC’s counter trafficking cooperation project and to establish partnership with national authorities to guide its implementation.

Furthermore, the Committee notes the Government’s information that the application of the Anti-Human Trafficking Act is carried out through the activities of the National Committee and National Secretariat on Human Trafficking within the Ministry of Home Affairs. These structures coordinate the prosecution of trafficking in persons cases countrywide, report on trafficking in persons activities undertaken by the NPA and gather statistical data on trafficking in persons. Moreover, the National Committee has also conducted several training programmes and capacity-building workshops for labour officers and other law enforcement officials to prevent, suppress and combat trafficking in persons. The Committee also notes the Government’s statement that the decentralization of the NPA across the country and the subsequent incorporation of Public Prosecutors has been a proactive approach to prosecution whereby all prosecutors are directly supervised by a State Advocate. This has greatly minimized the delays in disposal of matters owing to the absence of qualified and trained advocates. The Committee further notes the Government’s indication that the NPA prosecuted eight cases of trafficking in persons while currently nine cases of trafficking in persons are pending under the Anti-Human Trafficking Act. The Committee requests the Government to continue to provide information on the application in practice of the Anti-Human Trafficking Act, including in particular, information on the number of investigations, prosecutions and convictions, as well as specific penalties imposed. It also requests the Government to continue providing information on the activities of the NPA in strengthening the capacity of the law enforcement officials in their fight against trafficking in persons as well as the activities of the National Committee and National Secretariat on Human Trafficking within the framework of the Anti-Human Trafficking Act.

2. National Plan of Action. In its previous comments, the Committee requested the Government to indicate whether a new national plan of action to combat human trafficking had been elaborated. The Committee notes the Government’s information that the National Inter-Ministerial Committee with support from the IOM revised and updated the National Action Plan on Human Trafficking, Mixed and Irregular Migration, 2018–21 which is aligned with the Seventh National Development Plan and the Anti-Human Trafficking Act. It further notes the Government’s information that in June 2019, four subcommittees on protection, prevention, prosecution and partnerships, were established to coordinate the activities against trafficking of persons. The Committee requests the Government to provide detailed information on the actions taken within the framework of the National Action Plan on Human Trafficking, Mixed and Irregular Migration, 2018–21, and their impact in combating trafficking in persons and the results achieved.

3. Protection and assistance to victims. In its previous comments, the Committee noted certain difficulties identified by the Government concerning the protection and assistance provided to victims of trafficking. It also noted that within the framework of the Joint Programme under the IOM’s Counter Trafficking Assistance Programme, a certain number of actions were carried out, including in the following areas: direct assistance to victims of trafficking; the provision of safe and secure shelters; medical and psychosocial care; and repatriation and reintegration assistance. The Committee requested the Government to strengthen its efforts to provide protection and assistance to victims of trafficking, and to supply information on the measures taken in this regard as well as on the number of victims who have benefited from such measures.

The Committee notes the Government’s information that the Ministry of Community Development and Social Services (MCDSS) in collaboration with other civil society and international organizations undertook a number of measures to provide protection and assistance to victims of forced labour and trafficking. These measures include:

-building and refurbishing of places of safety: the Government indicates that currently there are six places of safety in six districts and that it is envisaged to build such places of safety in other districts;
-the Best Interest Determination Guidelines for the Protection of Migrant Children has been launched;
-a National Referral Mechanism to deal with victims of trafficking and vulnerable migrants has been developed;
-National and District Committees on Human Trafficking to identify victims of trafficking have been replicated at the border towns of Sesheke, Mbala, Nakonde and Mpulungu;
-a Communication Strategy and Campaign on Safe Migration have been launched to enhance strategies aimed at preventing trafficking in persons as well as to sensitize traditional leaders and the general public to prevent unsafe migration.

The Committee strongly encourages the Government to continue to take effective measures to ensure that victims of trafficking are identified, including through the National and District Committees on Human Trafficking and the National Referral Mechanism, and provided with adequate protection and assistance. It requests the Government to provide information on the number of victims of trafficking who have been identified and provided protection and assistance at the places of safety.

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

Articles 1(1) and 2(1) of the Convention. National service obligations. The Committee previously noted that certain provisions of the National Service Act, 1971, permit compulsory national service of a non-military character. Section 3 of the National Service Act establishes the Zambia National Service, with the function of, inter alia, training citizens to serve the Republic and the employment of service members in tasks of national importance. Section 7 provides that citizens between the ages of 18 and 35 shall be liable to have their names in the National Service register and may be called upon to serve. The Committee recalled that Article 2(2)(a) of the Convention only permits compulsory work exacted by virtue of compulsory military service laws if such work or service is of a purely military character. In this regard, it noted the Government’s indication that the National Service Act was under review in order to bring it into conformity with the recent constitutional amendment.

The Committee notes the Government’s statement in its report that the National Service Act is still undergoing revision. The Committee therefore, once again expresses the firm hope that the Government will take the necessary measures to ensure that the National Service Act, 1971, is amended so as to bring it into conformity with the Convention.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour law reform. The Committee takes note of the adoption of the Employment Code Act 2019, which repeals the Employment Act and provides, in its Part X, for the method of appointment and powers of labour inspectors responsible for ensuring compliance with the Act.

Labour inspection: Conventions Nos 81 and 129

Articles 3(1)(a) and (b), 10, 11, 13, 16, 17 and 18 of Convention No. 81. Labour inspection in the mining sector. In response to its previous comments regarding the budgetary, human and material means available to the Mines Safety Department (MSD), the Committee notes the information in the Government’s report regarding the existence of constraints related to the staffing level of the MSD, which is under pressure to cover the whole country despite the significant growth in the mining industry, and shortages in respect of means of transport and equipment. In particular, the Government indicates that, due to the lack of equipment, some statutory examinations and analyses could not be carried out. With regard to activities undertaken by the MSD and their outcomes, the Committee also notes the information provided by the Government regarding 1,133 inspections undertaken as of August 2019 as well as awareness-raising activities and trainings. The Government also indicates that 11 fatal accidents were recorded during the first quarter of 2019, eight serious non-fatal accidents, and two dangerous accidents at the Dangote mine and the Munali nickel mine. With reference to its comments under this Convention and also Safety and Health in Mines Convention, 1995 (No. 176), the Committee welcomes the information provided on the measures which have been taken with a view to reduce such incidents. The Government indicates that in the first seven months of 2019, it inspected 152 mines and recorded 316 violations, of which 39 had been resolved by the mines at the time of its report. The Government further indicates that for violations not yet resolved, fines and suspension of operations are available, and fines as of 31 July 2019 were Zambian kwacha (ZMW) 71,683,000 (US$5,478,229). The Committee encourages the Government to pursue its efforts in this regard. The Committee requests the Government to provide further information regarding the number of labour inspectors in charge of the mining sector, the material means placed at their disposal, as well as measures taken to mitigate the shortages identified. The Committee also requests the Government to continue to provide information on the number of mine inspections and the outcome of these inspections, including the amount of fines assessed as well as collected.

Articles 3(1)(b) and 13 of Convention No. 81 and Articles 6(1)(b) and 18 of Convention No. 129. Preventive activities of occupational safety and health (OSH) inspectors. The Committee previously noted the powers of labour inspectors with executory force in the event of a threat to the safety and health of workers, under the Factories Act and the Mines and Minerals Development Act. It requested information on the preventive activities undertaken by labour inspectors in the area of OSH, including orders requiring the adoption of measures with immediate executory force in the event of imminent danger to the health and safety of workers. In this regard, the Committee notes that the Government provides information regarding the types of inspections carried out in the field of OSH, training on OSH provided to workers, as well as the involvement of the OSH Service Department in campaigns. With regard to measures with immediate executory force, the Committee notes the Government’s statement that, in the mining sector, any failure to correct anomalies detected by the date set by labour inspectors attracts further sanctions like fines or the suspension of operations until the anomalies are corrected. The Committee requests the Government to provide further information on the orders made, in practice, by labour inspectors, pursuant to section 103 of the Factories Act and sections 36 and 75 of the Mines and Minerals Development Act, which require measures with immediate executory force in the event of imminent danger to the health or safety of the workers, including the number of such orders made, and their duration and effect.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee notes the Government’s statement, in response to its previous comments, that the additional duties of labour inspectors include administrative assignments, such as the preparation of national events; international and regional reports; dispute resolution; labour law reforms; and any other duties incidental to labour administration. The Committee once again requests the Government to indicate the proportion of time spent by labour inspectors on the additional duties listed by the Government, in comparison to the time spent on the discharge of their primary duties, as envisaged under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129.

Articles 5(a) and 18 of Convention No. 81 and Articles 12 and 24 of Convention No. 129. Cooperation with other private and public authorities exercising similar duties, including the judiciary, and effective enforcement of penalties. The Committee notes the Government’s indication, in reply to its previous request, that the application of laws on social security is enforced by the Ministry of Labour and Social Security, the National Pension Scheme Authority (NAPSA), and the Workers’ Compensation Fund Control Board. In this regard, the Government refers to the existence of collaboration between the Ministry of Labour and Social Security and NAPSA, including in the form of joint inspections. In addition, the Government indicates that the biggest challenge faced by the inspectorate is the prosecution of non-compliant employers, and that, while the law provides for penalties, the lengthy court procedures are an obstacle. The Committee requests the Government to provide further information regarding the manner in which the Ministry of Labour and Social Security collaborates effectively with other bodies responsible for monitoring social security legislation such as NAPSA. It also requests the Government to provide further information on the application of sanctions provided by national legislation in practice, including any measures taken or envisaged to remedy the difficulties identified in relation to the prosecution of non-compliant employers.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with workers and employers’ organizations. The Committee notes the information provided by the Government on the meetings of the Tripartite Consultative Labour Council (TCLC), in response to its previous comments.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Status and conditions of service of labour inspectors. The Committee notes that, pursuant to section 123 of the newly adopted Employment Code Act 2019, the Civil Service Commission may appoint suitably qualified officers as labour inspectors for purposes of ensuring compliance with the Act, on the terms and conditions that the Emoluments Commission may determine. The Government further indicates that all labour officers are employed under the terms and conditions of service determined in the General Public Service Conditions of Service and the Emoluments Commission. In response to its previous comments on the measures taken or envisaged to grant labour inspectors appropriate conditions of service with a view to retaining them, the Committee also notes the information from the Government regarding efforts made to train labour inspectors locally and internationally, and improving the material means at their disposal. The Committee requests the Government to indicate the terms and conditions on which labour inspectors are appointed, as determined by the Emoluments Commission, and in accordance with section 123 of the Employment Code Act 2019. In addition, the Committee requests the Government to continue to provide information on the status and conditions of service of labour inspectors, including by identifying the provisions of the General Public Service Conditions of Service applicable to them.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee welcomes the Government’s reference, in response to its previous comments, to a number of trainings and workshops organized for labour officers and labour inspectors in 2018 and 2019. In respect of agriculture, the Committee also notes the Government’s statement that the training offered to labour officers is adequate to enable them to conduct inspections in the agricultural sector, but that there has been no training specifically on the handling of chemicals in agriculture. The Committee requests the Government to continue to provide information on the trainings conducted for labour inspectors, including any trainings conducted to ensure that labour inspectors in agriculture are adequately trained for the performance of their duties, including with respect to the handling of chemicals.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Association of duly qualified technical experts and specialists in the area of OSH. The Committee notes the information provided by the Government on the application in practice of these Articles, including on the work of OSH inspectors alongside engineers and other professionals in various industries. The Government also provides information on the Safety Liaison Committee established in the electricity supply industry, in which the OSH inspectorate and the MSD participate, alongside electrical engineers from the industry.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14, 15 and 21 of Convention No. 129. Human resources of the labour inspectorate. Financial and material means. The Committee notes the information provided regarding the financial resources allocated to the labour administration system, the number of labour inspectors and labour officers and the material means placed at their disposal. In particular, the Committee notes with interest the Government’s indication that the total number of labour inspectors and officers has increased to 156 in 2019 (compared with 110 in 2016), with 46 newly hired labour officers, and that efforts to improve the material means at the disposal of the labour inspection system are being made, including improved internet connectivity and the provision of ten vehicles across all provincial offices. The Committee nevertheless notes that, according to the Government, human and financial resources allocations towards OSH inspections continue to be inadequate. In this respect, the 2018 annual report of the Ministry of Labour and Social Security indicates that low staffing levels continued to prevail in the OSH Service Department, and that the department was affected by the intermittent release of funding from the treasury, which did not match the needs of the department. The Government indicates that there are only 13 OSH inspectors, present in four districts. The Committee requests the Government to continue to pursue its efforts to identify and allocate the financial resources necessary to meet the needs of the labour inspection services in terms of human resources (particularly for OSH inspections) and material means in all district offices and in all relevant sectors, including agriculture. It requests the Government to continue to provide information on measures taken in this regard, as well as on the number of labour inspectors and OSH inspectors by district.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Free access of labour inspectors to work places liable to inspection at any hour of the day or night without prior notice to carry out investigations. The Committee notes that, pursuant to section 125(a) of the Employment Code Act 2019, a labour inspector may enter and search any premises where information or documents which may be relevant to an inspection may be kept, but the section does not stipulate that inspectors are empowered to enter premises without notice. As concerns other inspectorates, the Committee previously noted that the Occupational Safety and Health Act, the Factories Act, and the Mines and Minerals Development Act provided various restrictions in relation to the timing of inspections, and that none of these Acts explicitly stipulate that labour inspectors are empowered to enter work places without previous notice. In response, the Government indicates that the legislation as it stands is sufficient to equip labour inspectors with enough authority and access to allow them conduct labour inspections at any work place. The Committee requests the Government to specify the measures taken to ensure that the MSD, OSH inspectors and all other inspectors responsible for labour inspections are able to enter freely and without previous notice at any hour of the day or night any work place liable to inspection, in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. The Committee further requests the Government to provide information on the proportion of unannounced inspections performed annually in relation to total labour inspections.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously requested the Government to indicate the provisions requiring the notification of occupational diseases in the mining sector, and the legal provisions governing the notification of occupational accidents and diseases in agriculture. In response, the Government refers to the Mining Regulations, and states that undertakings in the agricultural sector that qualify as factories, as defined in the Factories Act, are required to give notice of occupational accidents and diseases. The Committee observes that the Mining Regulations 1971, as amended, are silent on the issue of the notification of occupational diseases. With regard to practical difficulties and measures taken to improve the reporting mechanism concerning occupational accidents and diseases in practice, the Committee also notes the Government’s statement that such difficulties arise particularly in small mines that under-report accidents, and that the Government has continued sensitizing such employers. In addition, in its reports on the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Government refers to the creation of an integrated information system to enable the collection of up-to-date data on OSH, including statistics on occupational injuries. The Committee requests the Government to take the necessary measures, including through the revision of existing legislation such as the Minerals and Mines Development Act and the Mining Regulations, to ensure that the labour inspectorate is notified of cases of occupational disease in the mining sector, in accordance with Article 14 of Convention No. 81. It also requests the Government to take the necessary measures to ensure the notification of accidents and diseases in all agricultural undertakings, in accordance with Article 19 of Convention No. 129. In addition, the Committee requests the Government to provide further information on the types of activities undertaken to sensitize employers in small-scale mines, with regard to the notification of occupational accidents and diseases. Finally, the Committee requests the Government to provide information on the progress in the development of an integrated information system for the collection of data on occupational injuries, and its impact on the work of the labour inspectorate.

Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Obligations of labour inspectors. The Committee notes the indication of the Government, in response to its previous comments on the measures giving effect to these Articles, that all public service workers are governed by the Code of Ethics. This Code requires them to observe confidentiality even after leaving the Public Service, and not to disclose without authority official information which has been communicated in confidence within the Government, or received in confidence from others. The Code of Ethics further requires that the Public Service shall avoid situations in which their private interests conflict, or might reasonably be perceived to conflict, with the impartial fulfilment of their official duties and the public interest. The Committee notes that the Code of Ethics also specifies that a breach of the Code may lead to the application of appropriate disciplinary action, in accordance with the provisions of existing Disciplinary Codes. The Committee requests the Government to provide further information on the manner in which it ensures that, in practice, labour inspectors treat as absolutely confidential the source of any complaint and give no intimation that an inspection visit was made in consequence of the receipt of such a complaint.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Publication and communication to the ILO of annual labour inspection reports. The Committee notes that the 2018 annual report of the Ministry of Labour and Social Security contains information on inspections conducted and occupational accidents in the reporting year, but does not contain information covering all the subjects listed under Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129. Therefore, the Committee once again requests the Government to take the necessary measures to enable the central authority on labour inspection to publish and communicate to the ILO an annual labour inspection report, containing complete information on all the subjects listed in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

Labour administration: Convention No. 150

Articles 4 and 5 of the Convention. Organization of the labour administration system. Cooperation with the social partners. In response to its previous comments on activities carried out by the labour administration to strengthen the labour administration system, the Committee notes the Government’s indication in its report that it continues to encourage social dialogue to ensure stability in the labour market. In this regard, the 2018 annual report of the Ministry of Labour and Social Security indicates that the TCLC, where labour issues are discussed with social partners, met four times in 2018. In addition, the Committee notes the Government’s reference to the development of a Labour Market Information System, which aims to be a database of all variables relating to the labour administration, to provide accurate information for decision-making and policy formulation, and to facilitate timely submission of reports from field stations. The Committee requests the Government to provide information on the impact of the Labour Market Information System on the effective operation of the labour administration system in practice, in accordance with Article 4 of the Convention. In addition, as regards tripartite consultations under Article 5 of the Convention, the Committee refers to its comments on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 7. Extension of the system of labour administration to cover workers who are not, in law, employed persons. The Committee notes the information provided by the Government on the steps taken to regulate the informal economy, including regulation of minimum wages and conditions for categories such as domestic workers, as well as plans to extend social security coverage to workers in the informal economy. The 2018 annual report of the Ministry of Labour and Social Security indicates in this regard that a consultant was hired to draft a National Strategy on the Extension of Social Security Coverage. The Committee requests the Government to continue to provide information on steps taken with a view to covering workers who are not, in law, employed persons, in accordance with Article 7.

Article 10. Material resources and staff of the labour administration system. The Committee previously requested the Government to take measures to identify and allocate the financial resources necessary to meet the needs of the labour administration services. In this regard, the Committee notes the Government’s indication that the percentage of the national budget allocated to the labour administration was 0.3 per cent in 2018 and 0.2 per cent in 2019. With reference to its comments above under Conventions Nos 81 and 129, the Committee also welcomes the Government’s indication regarding the hiring of new labour officers and the provision of additional vehicles for all provincial offices of the Ministry of Labour and Social Security. The Committee further notes the Government’s statement that efforts are being made to increase the number of labour officers and inspectors to meet the growing demands of the labour administration services. The Committee requests the Government to pursue its efforts in this regard, and to continue to provide information on measures taken or envisaged to ensure that the staff of the labour administration system have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10(2) of the Convention.

Article 3(3) of the Convention. Compulsory leave after confinement. The Committee notes with interest the enactment of the Employment Code Act, No. 3 of 2019, as indicated by the Government in its report. It notes in particular that section 41 of this Act provides that the women covered are entitled to a 14 weeks’ maternity leave period, of which six must be taken immediately after delivery. The Committee observes that section 42 of the same Act provides that “A female employee shall not resume work within six weeks of the date of the delivery” unless “a medical doctor certifies that the employee is fit to resume work”. Recalling that Article 3(3) of the Convention requires that a compulsory six-week postnatal leave should be prescribed by national law or regulation, the Committee requests the Government to indicate whether all women protected by the Convention have the right to a maternity leave period of six weeks after childbirth that is compulsory, without regard to medical certification of fitness to return to work prior to that period.

Article 4(3). Medical benefits. With reference to its previous request to the Government to provide a more detailed description of the establishment of a National Social Health Insurance, the Committee notes with interest that the Government indicates that progress has been made, and to that effect, that the National Social Health Insurance Act, 2018 has been enacted. Among others, the Act establishes the National Health Insurance Scheme and Fund. The Committee notes that the Government indicates that the Act provides for the sound financing of the national health system and “universal access to quality insured health care services”, so that maternal and child health services are free in all public health institutions. The Committee further notes the information provided by the Government concerning the progress made in the achievement of the Millennium Development Goal Initiative (MDGi), a programme funded by the European Union (EU), aiming to accelerate the reduction of maternal, neonatal and child mortality in Zambia, targeting 11 districts of Copperbelt and Lusaka Provinces. The Committee welcomes the information provided and requests the Government to continue providing information on progress made in provision of prenatal, confinement and postnatal care, in particular regarding efforts made with a view to reducing maternal and child mortality.

Article 6. Protection against dismissal. With reference to its previous comments in which the Committee requested the Government to take legislative measures with a view to strengthening employment protection for women on maternity leave by prohibiting dismissal or notice of dismissal during that period, the Committee notes with interest the information provided by the Government about the new Employment Code Act, No. 3 of 2019, which provides protection for female employees against arbitrary dismissal during pregnancy (section 43). The Committee notes more particularly that section 43 provides that an employer shall not terminate the employment relationship, impose any penalty or disadvantage the employee, or adversely change a condition of employment in respect of that employee as a result of an employee’s pregnancy or maternity leave. The Committee takes due note of this information.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to invite the Human Rights Commission in charge of monitoring the application of international instruments ratified by Zambia, to undertake a study on the application of the Convention in Zambia with a view to identifying the gaps in its practical implementation and plan corresponding measures to address these. The Committee notes with interest that the Government provides detailed information regarding the survey undertaken by the Human Rights Commission on the application of the Convention in Zambia. The Committee notes that the study of the Human Rights Commission found that, regarding Article 3 of the Convention, all firms surveyed granted pregnant and breastfeeding women maternity leave, with 93.3 per cent granting maternity leave of 14 weeks or more, and only 6.7 per cent granting leave of less than 14 weeks. On the other hand, the Committee notes that 35.6 per cent of the firms did not provide for the compulsory six weeks’ postnatal leave. In addition, the survey findings indicated that 73.3 per cent of the firms granted free leave days before or after the maternity leave period in case of illness, complications or risk of complications arising out of pregnancy or childbirth. However, the survey found that only 26.7 per cent of the firms provided some forms of cash benefits during maternity leave and 73.3 per cent did not (Article 4 of the Convention). Furthermore, the majority (71.1 per cent) of the firms surveyed did not provide one or more daily breaks or a daily reduction of hours of work to women for breastfeeding (Article 5 of the Convention). The Committee welcomes the provision of this detailed information and requests the Government to continue providing statistical information, as far as possible, regarding the application of the Convention in practice. The Committee further requests the Government to report measures taken to improve the application of the Convention, particularly with a view to increasing: the number of firms that provide for a compulsory six weeks’ postnatal leave (Article 3 of the Convention); the number of firms that provide benefits during maternity leave (Article 4); and the number of firms that provide one or more daily breaks to women nursing their children (Article 5).

Articles 3 and 5 of the Convention. Reform of the labour legislation aimed at securing compliance with Articles 3 and 5. Maternity leave and nursing breaks. In its previous comments, the Committee expressed the hope that the Government would be in a position to indicate tangible progress made in respect of the issues related to Article 3 (need to grant maternity leave as of right regardless of any period of service), Article 3(3) (need to establish the compulsory nature of postnatal leave during the first six weeks after childbirth) and Article 5 (need to establish a right to nursing breaks, counted as working time and remunerated accordingly). The Committee notes with satisfaction that the Government reports that tangible progress has been recorded with regards to the labour law reforms, which were concluded and gave effect to the Employment Code Act, No. 3 of 2019. The Committee notes that the Code addresses all the issues cited above, granting 14 weeks of maternity leave on production of a medical certificate to the employer, which may be taken immediately preceding the expected date of delivery or after the delivery, except that six weeks of maternity shall be taken immediately after delivery (section 41). The Committee also notes that nursing breaks have been established by section 45 of the Employment Code Act, providing that a female employee who is nursing her child is entitled, for a period of six months following her date of delivery, to at least two nursing breaks of 30 minutes each or one nursing break of one hour, not to be deducted from the number of paid hours of work.

Article 4(4) and (8). Reforms aimed at introducing maternity benefits in the framework of a new social security system. Maternity cash benefits. With reference to its previous comments, the Committee hoped that the Government would report some progress with a view to establishing a maternity protection branch as a component of the social security system. The Committee observes the new Employment Code Act, No. 3 of 2019 makes provision for maternity benefits in the framework of an employers’ liability system, rather than providing maternity cash and medical benefits either by means of compulsory social insurance or by means of public funds, as required by Article 4(4) of the Convention, and precluding employers’ liability as provided by Article 4(8) of the Convention. At the same time, the Committee notes the Government’s indication that the National Social Health Insurance Act, No. 2 of 2018, provides for the establishment of a Maternity Protection Fund, which will be anchored in the already existing institutional framework provided by the National Pension Scheme Authority (NAPSA). The fund will receive monthly contributions from both employers and employees at rates to be determined actuarially in due course. The Committee requests the Government to specify if the Maternity Protection Fund is intended to provide cash maternity benefits by means of compulsory social insurance with a view to move away from the current employers’ liability system. The Committee further requests the Government to provide information regarding the state of implementation of the Maternity Protection Fund and of any other measure taken or envisaged to give effect to Article 4(4) and (8), of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 103 is in force should be encouraged to ratify the more recent Convention No. 183 (see GB.328/LILS/2/1). Convention No. 183 reflects the more modern approach to maternity protection. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 183 as the most up-to-date instrument in this subject area.

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

Parts I and II of the Convention. Improvement of standards of living. In response to the Committee’s 2013 direct request, the Government reports on the impact of the revised Sixth National Development Plan 2013–16 (R-SNDP), which revised the Sixth National Development Plan 2011–15. The R-SNDP focusses on “people-centred growth and development” and, as was the case with previous plans, it aims to achieve the objectives set out in the National Long-Term Vision 2030 of making Zambia a “prosperous middle-income country by 2030”. The R-SNDP focuses on public capital investments that favour rural development and job creation, to achieve inclusive growth. The Committee notes that the main investment areas under the R-SNDP are skills development, science and technology, agriculture, livestock and fisheries, energy and infrastructure development, particularly transport infrastructure, and the enhancement of human development-related sectors, such as water and sanitation, education and health. The Government further reports on the adoption of the Seventh National Development Plan (2017–21) (7NDP), which departs from sector-based planning and takes an integrated, multi-sectoral development approach, calling for interventions to be taken simultaneously through a coordinated approach. The key elements of the 7NDP are: diversify and make economic growth inclusive; reduce poverty and vulnerability; reduce developmental inequalities; enhance human development; and create a conducive governance environment for a diversified and inclusive economy. Pursuant to the 7NDP, the Government undertakes to accelerate economic diversification and growth. According to Chapter 3 of the 7NDP, this will be achieved through: diversified and export-oriented agriculture and mining sectors; a diversified tourism sector; improved energy production and distribution; an improved transport system and infrastructure; enhanced information, communication and technology; enhanced decent job opportunities; and enhanced research and development. The Committee notes with interest the information provided by the Government on progress achieved during the reporting period. The percentage of the population living below the poverty line declined from 68 per cent in 2006 to 54 per cent in 2015; however, significant disparities between urban and rural areas persisted. In rural areas, the percentage of the population living in poverty fell only marginally, from 80.3 per cent in 2006 to 76.6 per cent in 2015, whereas in urban areas the percentage of people living in poverty declined significantly, from 53 per cent in 2006 to 23.4 per cent in 2015. The Committee notes that, according to the R-SNDP, the majority of Zambia’s population lives in rural areas, and poverty continues to be more of a rural phenomenon than an urban one. The Government reports that in 2014, more than 80 per cent of those employed in Zambia were in the informal economy. Moreover, the majority of this group were classified as working poor, characterized by low levels of income, limited or no access to social security or to other core labour standards. In addition, a significant number of the working population was self-employed, primarily in subsistence agriculture or in small-scale and often fragile businesses. With respect to water and sanitation, in urban areas, the percentage of households with access to improved sources of safe drinking water increased from 58 per cent in 2006 to 67.7 percent in 2015. In rural areas, access to safe water sources increased from 42 per cent in 2006 to 51.6 per cent in 2015. As for access to electricity, the overall access rate rose from 22 per cent in 2010 to 31 percent in 2015. There were significant disparities, however, with access to electricity increasing in urban areas from 53 per cent to 67.3 per cent, compared to a decrease in rural areas, where access rates fell 5 per cent to 4.4 per cent between 2010 and 2015. The Committee further notes that, according to the R-SNDP, there are huge disparities between urban and rural areas in terms of service delivery, which undermines the capacity of the rural population to contribute to growth. The Government reports that, during the reporting period, it implemented a number of social protection measures targeting extremely poor and vulnerable households, to improve their well-being and livelihoods. These included the social cash transfer scheme, which reached a total of 242,000 households in 78 districts and reduced the percentage of households having only one meal a day from 56.6 per cent in 2011 to 35.2 per cent in 2012. Other measures included the school feeding programme, which increased its support to 850,000 learners from 310,451. The Committee welcomes the information provided by the Government concerning the decline in maternal mortality from 591 deaths per 100,000 live births in 2007 to 398 deaths per 100,000 live births in 2013–14. The Government nevertheless indicates that levels of malnutrition have hardly changed, with stunting, wasting and underweight registering 40 per cent, six per cent and 15 per cent in 2013–14. The Government reports that it has continued to scale up provision of high impact services, with a particular focus on maternal and child health. It has taken a number of measures to improve access to health, including a project to construct 650 health posts in 2014, with 335 superstructures completed countrywide, of which 275 fully functional facilities were handed over to the Ministry of Health. The Committee notes the Government’s indication that, despite the advancements made, mortality rates remain high. The Government attributes this situation to, among other factors, poor health-seeking behaviour, poor water and sanitation, poor nutrition and inadequate provision of health services. Moreover, the country had a high burden of disease, primarily characterized by high prevalence and impact of communicable diseases such as HIV, tuberculosis and malaria. In this respect, the Government reported that the national HIV prevalence rate declined only slightly, from 14.3 per cent in 2007 to 13.3 per cent in 2013–14. The number of people with advanced HIV receiving antiretroviral treatment increased, but fell short of the 95 per cent target. The Committee requests the Government to provide updated detailed information on the nature and outcome of specific measures taken to improve living conditions in both rural and urban areas, including measures to promote inclusive growth and create opportunities for decent employment and reduce poverty, as envisaged in the Seventh National Development Plan. The Committee further requests the Government to transmit updated detailed information, including statistical data disaggregated by age, sex and region, relating to the impact of the Seventh National Development Plan (2017–21) and other plans and programmes adopted with a view to promoting inclusive economic development , improving the national standard of living and reducing poverty (Article 2 of the Convention). The Committee also invites the Government to continue to provide information on the impact of measures taken to reduce the incidence of HIV and AIDS, and to increase access to antiretroviral medications and prevention of mother-to-child transmission of HIV.

Part III. Migrant workers. The Government reports that there is currently no national policy concerning migrant workers and data on migration is limited. The Committee notes that the Government has therefore requested the assistance of the International Organization for Migration (IOM) to strengthen its capacity to collect, analyse and use migration data and ultimately prepare a Migration Profile for improved planning and policymaking in this area. It adds that IOM Zambia has been providing assistance to this end since January 2017. The Government indicates that migrant workers, who are formally registered in the country are protected on an equal basis with Zambian nationals by various national laws and regulations, which are not discriminatory. The Government also refers to the recommendations of the IOM Briefing Note on HIV and Labour Migration which envisage the inclusion of migrant workers in all national and sectoral plans, programmes and strategies to address HIV and AIDS and health issues. The Committee invites the Government to provide updates on the progress of the implementations of those recommendations, as well as more detailed information on the impact of the policies and programmes adopted on improving the terms and conditions of employment of both internal and international migrants. They will include the description of the reasonable steps taken: (i) to ensure that their living and working conditions are healthy (Article 6); and (ii) to encourage the transfer of part of the workers’ wages and savings from the area of labour utilization to the area of labour supply (Article 7).

Part VI. Education and vocational training. In respect to general education, the Committee notes that, between 2005 and 2015, 14,235 classrooms were constructed at the primary education level, 4,690 at the secondary education level, and 39,079 teachers were recruited at an average annual total of 5,000 teachers. With regard to the Technical Education, Vocational and Entrepreneurship Training (TEVET) system, the Committee also notes the detailed information provided by the Government. Achievements during the reporting period included an increase in TEVET enrolments from 32,911 in 2010 to 37,798 in 2015. New trades training institutes were constructed to increase access and are expected to contribute to meeting the target of 50,000 enrolments under the 7NDP. To improve the quality and relevance of training, the Government partnered with the African Development Bank and the Chinese Government to upgrade lecturer qualifications, rehabilitate infrastructure, review curricula and equip 31 TEVET institutions. The Government also refers to the construction of Kapasa Makasa University, and the establishment of three additional public universities, namely Chalimbana, Kwame Nkrumah and Mukuba Universities. The Government indicates that total student enrolment in the public universities increased from 7,933 in 2008 to 59,272 in 2015. It also indicates the major impact of the new curriculum on education, vocational training and apprenticeship, which has led to an increase in new skills needed in the labour market. The Committee requests the Government to provide updated detailed information, including statistical data, disaggregated by age, sex and region, on the impact of its new education curriculum on education, vocational training and apprenticeship, as part of social policy in line with Articles 15 and 16 of the Convention.

Articles 1 and 2 of the Convention. Active employment policy and poverty reduction strategy. In its previous comments, the Committee requested the Government to provide information on the impact of the different plans implemented in order to achieve full, productive and freely chosen employment, as well as information on the impact of the activities related to employment promotion carried out under the Zambia Decent Work Country Programme (ZDWCP). The Government reports on some of the major achievements of the ZDWCP, which include: preparation of the draft revised National Employment and Labour Market Policy, which is currently pending at the Cabinet approval stage; adoption of amendments to the National Pension Scheme Authority (NAPSA) and the Employment Act, to change the retirement age and prohibit the casualization of labour, respectively; the launch of the youth employment policy and action plan by the President; the preparation of a report on green jobs in the building industry; and increased awareness of workers’ rights among employers, particularly in the formal sector. The Government adds that the full implementation of the ZDWCP was hampered by challenges that included inadequate budgetary and technical resources, weak inter- and intra-institutional coordination and collaboration, weak monitoring and evaluation systems, and a weakened national economy. The Committee reiterates its request that the Government provide detailed information on the impact of the different plans implemented with the aim of achieving full, productive and freely chosen employment in Zambia. It also reiterates its request that the Government provide information on the impact of the activities relevant to the promotion of employment taken in the framework of the ZDWCP. In addition, noting the Government’s description of the challenges encountered in implementing the Decent Work Country Programme, the Committee invites the Government to indicate the manner in which these challenges are being addressed, with a view to enhancing results achieved under the Programme.

Labour market information. The Committee welcomes the detailed statistics derived from the 2017 Labour Force Survey (LFS) and supplied by the Government in response to its previous comments. The Government reports that in 2017, the economically active population of Zambia was estimated at 5,049,059 persons: 2,759,098 men (55 per cent) and 2,289,961 women (45 per cent). The Committee notes that three-quarters of employed persons – 75.9 per cent – were in the informal economy, while 24.1 per cent were in formal employment. It further notes that, according to the 2017 LFS results, the overall unemployment rate reached 41.2 per cent in 2017, a sharp increase compared with the 7.9 per cent unemployment rate of 2012 indicated in the Government’s 2015 report. The Government adds that unemployment rates are significantly higher among women (48.8 per cent) compared with men (34.8 per cent). The Committee further notes disparities in employment between urban and rural areas. In 2017, urban areas had a significantly higher unemployment rate than rural areas (50.8 per cent compared to 32.2 per cent, respectively). Regional disparities are also significant, ranging from the highest unemployment rate (67.4 per cent) in Western province to the lowest unemployment rate in Lusaka Province (29.1 per cent). The Committee requests the Government to continue to communicate updated statistical data, disaggregated by age, sex and region, as well as other relevant data concerning the size and distribution of the labour force, the extent of unemployment and underemployment in the country, as well as the size and distribution of the informal economy. The Committee further requests the Government to provide information on measures taken or envisaged to address the disparities in levels of employment among the provinces as well as between rural and urban areas. The Committee further requests the Government to provide detailed information on active labour market measures taken or envisaged to promote women’s access to the labour market, particularly to employment in the formal sector.

Sectoral development strategies. The Committee once again requests the Government to provide information on the impact of the measures taken to promote productive employment and improve the quantity and quality of employment opportunities in the rural, manufacturing, mining and other growth sectors. It also reiterates its previous request that the Government provide information on the involvement of representatives of persons working in the sectors in the development and implementation of sectoral policies and strategies.

Impact of HIV and AIDS workplace wellness policies. The Committee welcomes the information provided by the Government on the development and implementation of HIV and AIDS workplace wellness policies and their impact on employment generation. The Government reports that 1,956 labour inspections were conducted in Zambia in 2017. The inspections concerned 30,000 employees and showed that many of the enterprises inspected had an HIV workplace policy or programme in place that championed HIV and AIDS wellness. The Committee notes with interest that the inspections have shown a reduction in incidents of HIV-related employment discrimination. The Committee considers that such policies, particularly where they are aligned with the principles of the HIV and AIDS Recommendation, 2010 (No. 200), can effectively address non-discrimination, voluntary HIV testing, safe working environment, awareness and sensitization, and access to treatment. The Committee invites the Government to continue to provide information regarding the impact of HIV workplace policies and their contribution to employee well-being.

Education and vocational training. Youth employment. The Committee notes the Government’s indication that, according to the 2017 LFS, the unemployment rate among young persons stood at 48.6 per cent as of 2017, with higher rates of youth unemployment recorded in urban areas (56.8 per cent) than in rural areas (40.9 per cent). In its previous comments, the Committee requested the Government to supply disaggregated data on the number of young persons who had obtained lasting employment following their participation in training programmes. It further requested the Government to provide updated information on the measures taken, in consultation with the social partners, to enhance the education and training system with the aim of ensuring that education and training courses meet the demand on the labour market for skills in the various economic sectors. The Government reports that information on the number of young persons who obtained lasting employment following their participation in training programmes is not yet available, as the study intended to provide this information was not carried out due to resource limitations. The Committee notes the information supplied by the Government regarding the establishment in 2005 of the Technical Education, Vocational and Entrepreneurship Training Authority (TEVETA), which is tasked with the responsibility of developing a system of technical education, vocational and entrepreneurship training designed to satisfy the requirements of the labour market. The Government indicates that the new curricula developed has led to an increase in new skills, but that challenges remain in its implementation, including lack of infrastructure, machinery and equipment. According to the report, 11,364 young persons were enrolled in such training programmes in 2018. The Committee requests the Government to provide detailed information, including disaggregated statistical data, on the nature and extent of the activities undertaken by TEVETA and on their impact. It further requests the Government to continue to provide updated information on the measures taken, in consultation with the social partners and representatives of groups affected by such measures, to update and enhance the vocational education, guidance and training system in order to ensure that education and training courses are designed and delivered to meet the demand on the labour market for skills in the various economic sectors.

Promotion of micro, small and medium-sized enterprises. The Government reports that the Ministry of Commerce Trade and Industry (MCTI) has identified a number of business constraints and challenges which affect the ability of micro-, small and medium-sized enterprises (MSMEs) to develop their potential for economic development, equitable wealth distribution and poverty alleviation. These obstacles include: limited access to markets, lack of appropriate technology, machinery and equipment, as well as suitable business financing solutions and inadequate infrastructure, such as roads and telecommunication facilities. Additional limitations encountered by the MSME sector include limited technical and management skills, operating premises that are inadequate and unsuitable to facilitate enterprise growth, inadequate regulatory systems and excessive competition from the unregulated importation of cheap products. In response to these challenges, the Government developed an MSME Development Policy in consultation with stakeholders, which provides guidance on all activities and development efforts related to MSMEs. The MCTI, through the Zambia Development Agency, has developed programmes aimed at supporting the development of small and medium-sized enterprises (SMEs), focusing on three pillars: capacity, access and operating environments. MSME registration with the Zambia Development Agency guarantees access to programme support services. The Committee welcomes the information provided by the Government regarding the Skills Development and Entrepreneurship Project – Support to Women and Youth (SDEP–SWY), a project jointly financed by the African Development Bank and the Government, which supports job creation, gender equality and poverty reduction among women and youth through promoting skills development and entrepreneurship. The Committee requests the Government to continue to provide updated and detailed information on measures taken to support the establishment of MSMEs and on their results in terms of generating employment, including for specific groups, such as women and young persons. It further requests the Government to provide information on the content and impact of the MSME Development Policy, particularly information on measures taken to promote and support entrepreneurship among women, young persons and other groups in situations of vulnerability.

Article 4(2) of the Convention. Consultation with employers’ and workers’ organizations in the operation of the minimum wage fixing machinery. For many years, the Committee has been referring to the need to revise section 3(1) of the Minimum Wages and Conditions of Employment Act (MWA) which only provided for consultations with trade unions in the process of determining the minimum wage. The Committee notes with satisfaction that with the adoption of the Employment Code Act 2019, which repealed the MWA, minimum wage rates may be fixed by statutory order after consultation with the tripartite Labour Advisory Committee (section 106 of the new Act). The Labour Advisory Committee has the mandate to inquire into wages and conditions of employment in order to make recommendations and to review minimum wage rates at least every two years (section 101 of the new Act).

The Committee is raising other matters on the application of ratified wages Conventions in a request addressed directly to the Government.

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the Education Act of 2011 neither defined the school-going age nor indicated the age of completion of compulsory schooling. It also noted that according to section 34 of the Education Act of 2011, the Minister may, by statutory instrument, make regulations to provide for the basic school-going age and age for compulsory attendance at educational institutions. The Committee noted the Government representative’s indication to the Conference Committee in 2017, that consultations were ongoing to revise the Education Act of 2011 which would define the basic school-going age and link it with the minimum age for employment in Zambia. It also noted that the Conference Committee recommended the Government to take the necessary measures to ensure that the amended Education Act sets the age of completion of compulsory education at 15 years of age, and that it is effectively implemented in practice, without delay. In this regard, the Committee noted the Government’s statement that the official entry age for grade 1 in Zambia is 7 years and by the time of completion of grade 7, children are 14 or 15 years old. The Government further indicated that education is not compulsory, but once a child is enrolled in a school, it is the duty of every parent or guardian to ensure the child’s regular attendance according to section 6(1) of the School (Compulsory Attendance) Regulations Statutory Instrument (SI) No. 118 of 1970. The Committee further noted the Government’s reference to the various measures taken to improve access to basic education and which resulted in significant progress in the area of education. However, it noted the Government’s statement that despite 15 years of concerted action, access to education remained a huge challenge for children in Zambia and that the proposed revision of the Education Act had been delayed due to some technical challenges. The Committee strongly urged the Government to take the necessary steps to ensure free and compulsory education for all children up to the minimum age of 15 years and to set the age of completion of compulsory education at 15 years during the revision of the Education Act.

The Committee notes the Government’s information in its report that it continues to pursue programmes and policies concerning compulsory schooling and access to education. However, the Committee notes with regret that there is no information in the Government’s report with regard to the revision of the Education Act which proposes to set the age of completion of compulsory education at 15. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly urges the Government to take the necessary steps to ensure free and compulsory education for all children up to 15 years which is the minimum age of 15 years for admission to employment or work, including by legally setting 15 years as the age of completion of compulsory education during the revision of the Education Act. It requests the Government to provide information on any progress made in this regard.

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that the SI No. 121 of 2013 defines “light work” which is permitted to children aged between 13 and 15 years as per section 4A(2) of the Employment of Young Persons and Children (Amendment) (EYPC Act of 2004) as work which is not likely: (a) to be harmful to the health or development of a child or young person; and (b) to prejudice the attendance at school, participation on vocational orientation, or a training programme approved by the competent authority, of a child or young person. It also noted that section 2 of the SI restricts the performance of light work activities to less than three hours per day. The Committee noted, however, that the United Nations Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that children aged 13 to 15 years undertook work which is reportedly not light work and that it interfered with their education (CRC/C/ZMB/CO/2–4, paragraph 57). It requested the Government take the necessary measures to ensure that children of 13 to 15 years of age do not participate in work other than light work and to indicate whether the light work activities have been determined pursuant to section 4A(2) of the EYPC Act of 2004 as required under Article 7(3) of the Convention.

The Committee notes the Government’s information that light work activities have not been determined. However, child labour clubs in schools accompanied by sensitization programmes in the communities has endeavoured to ensure that light work activities are identified. The Committee notes that the Government adopted the Employment Code Act No. 3 of 2019, which repeals Employment of Young Persons and Children Act. It notes that according to section 80 of Act No. 3 of 2019, light work means work that the Minister may, by statutory instrument, prescribe to be light work. Further, section 137(n) states that the Minister may, by statutory instrument, make regulations prescribing the ages at which children (under 15 years) and young persons may be employed in particular trades or occupations. The Committee requests the Government to indicate the measures taken or envisaged to determine light work activities permitted to children of 13 to 15 years of age pursuant to sections 80 and 137(n) of the Employment Code No. 3 of 2019. It also requests the Government to intensify its efforts to ensure that children of 13 to 15 years of age do not participate in work other than light work which does not interfere with their education.

Labour inspectorate. The Committee previously noted that the inspections carried out by the labour inspectors identified the existence of hazardous child labour in small-scale mining, agriculture, domestic work, and trading sectors, generally in the informal economy. It also noted the various measures, including sensitization and awareness raising measures on child labour as well as training on monitoring and identification of child labour taken by the District Child Labour Committees (DCLCs); the measures undertaken within the framework of the Achieving Reduction of Child Labour in support of Education programme (ARISE) and the results achieved; as well as the measures taken by the Government to boost the labour inspectorate to enhance the enforcement of child labour laws. The Committee, however, noted that the DCLCs’ activities were restricted to limited districts due to lack of financial resources and that the National Steering Committee (NSC), which monitors and develops policies on child labour and coordinates the activities and programmes to eliminate child labour, including the activities of the DCLCs, did not cover informal sectors where child labour is more prevalent. The Committee requested the Government to continue its efforts to prevent children under the age of 15 years from engaging in child labour as well as to take the necessary measures to strengthen and expand the activities of the DCLCs to all the provinces and to strengthen the capacities of the labour inspectorate to enable it to monitor child labour in all sectors, including the informal economy.

The Committee notes the Government’s information that the DCLCs are working with other stakeholders to sensitize, monitor and identify victims of child labour while the NSC monitors the prevalence of child labour based on the reports submitted by the DCLCs and other social partners. Regarding the activities undertaken by the DCLCs, the Government indicates that in the Western Province Koama and Nkeyema the DCLC: (i) conducted a radio programme on child labour on the World Day Against Child Labour; (ii) undertook an integrated Area-based Approach in its fight against child labour; (iii) sensitized over 2000 households through Social Cash Transfer Programmes and linked over 516 vulnerable households to this programme; and (iv) withdrew 48 children from child labour from different communities and linked them to the Social Welfare for Education support. Moreover, in Chipata, Eastern Province, the DCLC: (i) conducted 12 radio programmes in which information affecting children were shared by various DCLC stakeholders; (ii) distributed brochures, and copies of the list of hazardous types of work prohibited to children as well as copies of the Employment of Young Persons Act to 12 communities where child labour activities are carried out; and (iii) carried out child labour sensitization activities in schools and market places. Furthermore, the DCLC along with the NSC conducted 38 child labour inspections in tobacco farm blocks. Noting that most of the children who were working on the farms came from communities without schools and vulnerable communities, the DCLC recommended that they benefit from the social cash transfer programmes. The Committee strongly encourages the Government to continue to take the necessary measures to strengthen and expand the activities of the DCLCs and the NSC as well as to strengthen the capacities of the labour inspectorate to enable them to monitor child labour in all sectors, including the informal economy. It requests the Government to continue to provide specific information on the measures taken in this regard, as well as on the results achieved. Finally, the Committee requests the Government to provide updated statistical data on the employment of children and young persons, together with extracts from labour inspection reports.

Application of the Convention in practice. The Committee notes the Government’s information that Making Schools the Place to be, an initiative under the ARISE programme has helped reduce school absenteeism, stimulate higher levels of education and prevent child labour. Under this initiative, seven primary schools are implementing the Sustainable School Meals Programme and 142 community members are involved in this programme; 525 children received school supplies and uniforms; and 30 schools received learning materials. Moreover, 3,293 vulnerable households benefited through the Improved Household Income initiative under the ARISE programme. The Committee further notes the Government’s information that the Labour Force Survey of 2018 contains data on child labour. However, the Committee notes that in the survey, the labour force statistics are classified by age starting from 15 years and older and do not particularly cover child labour.

The Committee further notes that the document on the Zambia–United Nations Sustainable Development Partnership Framework (2016–21) refers to the prevalence of widespread child labour in Zambia, with an estimated 1.3 million children, aged 5–14 years, involved in child labour and an estimated 1.4 million working children aged 5–17 years involved in hazardous forms of work. In this regard, the Committee notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the practical difficulties encountered in the application of the Convention mainly hinges on cultural beliefs and practices that have continued to hamper the fight against child labour. Moreover, inadequate staff and resources also pose certain operational challenges in the fight against child labour. While noting the measures taken by the Government, the Committee must express its concern at the significant number of children who are involved in child labour, including in hazardous work. The Committee therefore urges the Government to intensify its efforts to ensure that children under the age of 15 years are not engaged in child labour in Zambia. The Committee also requests the Government to provide information on the application in practice of the provisions giving effect to the Convention, in particular the SI No. 121 of 2013 and the Employment Code No. 3 of 2019, including statistics on the number and nature of violations reported and penalties imposed.

Articles 2 and 5 of the Convention. National policy concerning nursing services and personnel. Consultations. The Committee takes note of the data provided in the 2017 Annual Report of the General Nursing Council of Zambia (hereinafter the GNC) but notes the Government’s indication that much of the information requested by the Committee was not yet available at the time of submission of the report. The Committee notes that, as at 31 December 2017, a total of 36,683 nurses and midwives were registered with the GNC, distributed across the different professional nursing categories. In addition, a total of 20,817 nurses and midwives renewed their annual practising licenses. The Government also indicates that in 2017, the GNC issued a total of 60 verifications for nurses and midwives seeking registration and employment abroad, an increase from 44 in 2016. In the first quarter of 2018, the GNC issued 26 verifications. The Committee notes the Government’s indication that most nurses and midwives seeking verification from the GNC are in search of better salaries and working conditions as well as opportunities for advanced education. The Government clarifies that the GNC cannot specify the number of nurses and midwives who have migrated abroad, since not all foreign employers require verification. Moreover, not all nurses and midwives who seek verification go on to leave the country. The Committee nevertheless recalls its 2013 direct request, in which it noted that the dire health worker shortage – principally due to brain drain, but also to internal migration – represents an ongoing challenge for the Ministry of Health. In this regard, the Committee notes that the National Health Policy (2017–20) refers to critical shortages of health workers, which lead to abnormal staff to patient ratios, as well as to an inequitable distribution of available health workers, particularly in the rural areas, which experience difficulties in attracting and retaining qualified health workers. It further notes the new National Human Resources for Health Strategic Plan 2018–24, which refers to the longstanding severe shortage of human capital in the health system and notes that Zambia will need to almost double its health workforce by 2025 to adequately serve its population. The strategic priorities contained in the Strategy include strengthening retention and motivation systems and improving work environments. The Committee requests the Government to provide up-to-date information on the measures taken or envisaged to implement the new National Human Resources for Health Strategic Plan 2018–24 and the results achieved. The Committee further requests the Government to indicate the measures taken with a view to containing or reversing the migration of nurses and midwives, particularly measures to strengthen education and lifelong learning systems, create additional full-time jobs and improve working conditions, including career prospects and remuneration, with a view to attracting men and women to the profession and retaining them in it. In addition, the Committee requests the Government to indicate the manner in which the participation of nursing personnel in the planning of nursing services and consultations with such personnel on decisions concerning them are ensured, as required under the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide detailed information, disaggregated by age, sex and region, concerning the situation of nursing personnel in the country, including the numbers of nursing personnel by sectors of activity, levels of training and functions and their ratio to the population, as well as the number of those who leave the profession each year.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 136 (benzene), 155 (OSH), and 187 (promotional framework for OSH) together.

A. General provisions

Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

Article 2(3) of Convention No. 187. Periodic consideration of measures that could be taken to ratify relevant OSH Conventions. The Committee notes the indication in the report of the Government that it is still considering the ratification of relevant OSH Conventions, including the Safety and Health in Construction Convention, 1988 (No. 167). In this regard, the Committee notes the indication that the legislation on safety and health in the construction sector has been reviewed to bring it into conformity with Convention No. 167, and submitted to the Ministry of Justice as part of the enactment process. The Committee requests the Government to continue to provide information on any developments in this regard.

National policy

Article 4 of Convention No. 155 and Article 3 of Convention No. 187. National policy. The Committee notes the indication of the Government that the national OSH policy, which has been in the process of formulation since 2013 and of which a draft has been developed in cooperation with the ILO, has not yet been adopted. The Government indicates that the draft national OSH policy will be considered at a tripartite consultative meeting to ensure stakeholders’ input to the document. The Committee urges the Government to take the necessary measures towards the adoption of the national OSH policy, in consultation with the most representative organizations of employers and workers, and to provide detailed information on the progress achieved in this regard, including the results of tripartite consultations undertaken on this matter.

Articles 5(d) and 15 of Convention No. 155. Coordination between various authorities and bodies. Establishment of a central body. Communication and cooperation at the national level. In its previous comments, the Committee noted that, while the draft national OSH policy foresaw the establishment of a national authority responsible for all OSH issues and referred to the establishment of effective communication and systematic collaboration mechanisms, a national authority had not yet been established. The Committee notes that the Government indicates that this information is still up to date and that it will provide an update once consultations are concluded and the national policy has been adopted. The Committee also notes, in this respect, that the Government refers to OSH activities undertaken by the OSH Service Department and the Workers’ Compensation Fund Control Board under the Ministry of Labour and Social Security, and by the Mines Safety Department of the Ministry of Mines, Minerals and Water, among others. In addition, section 8(b) of the Occupational Safety and Health Act (OSH Act) states that one of the functions of the Board of the OSH Institute is to coordinate all activities relating to OSH. The Committee urges the Government to take the necessary measures, whether through the adoption of the national OSH policy or otherwise, so that, after consultation at the earliest possible stage with the most representative organizations of employers and workers, appropriate arrangements are made to ensure necessary co-ordination between the relevant authorities and bodies, in accordance with Article 15(1) of Convention No. 155. The Committee further requests the Government to provide detailed information on the arrangements made, and to indicate whether these arrangements include the establishment of a central body, in accordance with Article 15(2) of that Convention. With regard to the OSH Institute, the Committee refers the Government to its comments below under Article 6 of Convention No. 155.

Article 6 of Convention No. 155. Functions and responsibilities of public authorities. In response to its previous request for information on the functioning of the OSH Institute and other measures to provide guidance to employers and workers, the Committee notes that, according to the Government, the OSH Institute is operational but that its functions “are not fully in effect”. With a view to ensuring the application of Article 6 of Convention No. 155, the Committee requests the Government to provide further information regarding the operation in practice of the OSH Institute, including its functions and activities, any difficulties faced and the measures taken to ensure that all of the functions defined under sections 6 and 8 of the OSH Act are carried out by the OSH Institute or by any other agency.

Article 8 of Convention No. 155 and Article 4(1)(a) and (2) of Convention No. 187. Periodic review of the national system and national legislation. In response to its previous request for information on the review of the Factories Act, the Committee notes the indication of the Government that the draft Factories Act, as well as draft regulations on lifting equipment and pressure vessels, have been prepared for communication to social partners, and for discussion during the next meeting of the Tripartite Consultative Labour Council. The Committee also welcomes the indication of the Government that draft regulations for the OSH Act have been prepared through a consultative process involving all major stakeholders. Recalling the importance of periodically reviewing the national system on OSH in consultation with the most representative organizations of employers and workers, in accordance with Article 4 of Convention No. 187, the Committee requests the Government to provide information regarding the outcomes of the various consultation processes on these draft laws and regulations, and to provide a copy, once adopted.

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance with national legislation. Taking into account that Zambia has ratified the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee refers, as regards Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187, to its comments adopted in 2019 concerning these Conventions.

Article 11(a) of Convention No. 155. Design, construction and layout of undertakings; commencement and alteration of operations; technical equipment and procedures. In response to its request for information on the enactment of regulations pursuant to section 38(c) of the OSH Act, the Committee notes the indication of the Government regarding the ongoing revision of the Factories Act and the Mines and Minerals Development Act, as well as the preparation of draft regulations pursuant to the OSH Act. The Committee recalls that, under Article 11(a) of Convention No. 155, functions to be progressively carried out by the competent authority or authorities include the determination of conditions governing the design, construction and layout of undertakings, the commencement of their operations, major alterations affecting them and changes in their purposes, and the safety of technical equipment used at work. The Committee requests the Government to indicate whether the draft regulations prepared pursuant to the OSH Act make provision for any of the conditions listed under Article 11(a) of Convention No. 155. The Committee also requests that the Government continue to provide information regarding the progress towards their adoption.

Article 11(b) and (f) of Convention No. 155. Determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization or control. Systems to examine chemical, physical and biological agents. The Committee recalls that functions to be progressively carried out by the competent authorities include, under Article 11(b), the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorisation or control, and, under Article 11(f), the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. In this respect, the Committee notes the indication of the Government concerning the ongoing revision of the Mines and Minerals Development Act, in order to include provisions ensuring that the functions listed in Article 11(b) and (f) of the Convention are progressively carried out. The Committee requests the Government to indicate the manner in which the revisions to the Mines and Minerals Development Act regulate any of the elements listed under Article 11(b) and (f) of the Convention. The Committee also requests the Government to indicate measures taken to ensure that the functions listed under Article 11(b) and (f) of Convention No. 155 are progressively carried out in sectors other than mining, in law or in practice.

Article 11(c) of Convention No. 155 and Article 4(3)(f) and (g) of Convention No. 187. Notification of occupational accidents and diseases and production of annual statistics. Collection and analysis of data on occupational injuries and diseases. Collaboration with relevant insurance or social security schemes. Application in practice. The Committee welcomes the information of the Government regarding the development, by a number of departments within ministries and institutions, of an integrated electronic system that will enable the sharing of information and the collection of up-to-date data on OSH, including statistics on occupational injuries. The Government indicates that the departments and institutions involved in the process are the OSH Service Department, the Mines Safety Department, the OSH Institute and the Workers’ Compensation Fund Control Board. The Committee requests the Government to provide further information regarding the progress achieved in the development of this information system, and once the system has been implemented, to provide any available statistics on occupational accidents and diseases.

Article 11(e) of Convention No. 155. Annual publication of information on measures taken in pursuance of the national policy on OSH. In response to its request for information on measures taken or envisaged to ensure the annual publication of information on measures taken in pursuance of the national OSH policy, in accordance with Article 11(e), the Committee notes that the Government refers to annual reports produced by various ministries or institutions charged with the enforcement of safety and health legislation. In this respect, the Committee also notes the information contained in the 2018 annual report of the Ministry of Labour and Social Security.

Article 4(3)(a) of Convention No. 187. National tripartite advisory body. Noting the absence of new information regarding the establishment of a specific tripartite advisory body on OSH at the national level, the Committee requests the Government to provide information on any measures taken or envisaged to establish a national tripartite advisory body addressing OSH issues.

Article 4(3)(h) of Convention No. 187. Support mechanisms for micro-enterprises, small and medium-sized enterprises and the informal economy. The Committee notes the information provided by the Government indicating that all formalized undertakings are covered under the current system and that efforts are being made to formalize most enterprises. In this regard, the Committee notes that, according to a 2018 report of the ILO entitled “Women and Men in the Informal Economy: A Statistical Picture”, informal employment amounts to 87.9 per cent of total employment in the country. The Committee therefore requests the Government to provide further information on the ongoing process to formalize enterprises and the measures taken or envisaged to provide support mechanisms for a progressive improvement of OSH conditions in the informal economy, in accordance with Article 4(3)(h) of Convention No. 187.

Article 5 of Convention No. 187. National programme. The Committee previously noted the Government’s indication that tripartite consultations had been undertaken to formulate a national programme. Noting an absence of further information in this respect, the Committee requests the Government to provide information on the outcome of these tripartite consultations, and to take the necessary measures to ensure the formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH in the near future, in consultation with the most representative organizations of employers and workers, and in accordance with the requirements of Article 5 of Convention No. 187. The Committee also requests the Government to provide detailed information regarding such programme once it has been adopted, including on the elements listed under Article 5(2) and (3) of Convention No. 187.

I. Action at the level of the undertaking

Article 13 of Convention No. 155. Protection from undue consequences related to removal from imminent and serious danger. Noting the absence of new information concerning this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to ensure that a worker who has removed themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, shall be protected from undue consequences, in accordance with Article 13 of Convention No. 155.

Article 17 of Convention No. 155. Collaboration between two or more undertakings. In response to its previous comments on the measures taken or envisaged to give effect to Article 17 of Convention No. 155, the Government states that this is covered by the draft national OSH policy. The Committee notes that, while the draft national OSH policy refers to the establishment of systematic OSH collaboration mechanisms for all stakeholders, both in the public and private sectors, it does not indicate the manner in which effect would be given to Article 17, which provides that, whenever two or more undertakings engage in activities simultaneously at one workplace, they shall collaborate in applying the requirements of Convention No. 155. The Committee therefore requests once again the Government to provide further information on the measures taken or envisaged to give effect to Article 17 of Convention No. 155.

Article 19(f) of Convention No. 155. Return to a work situation where there is continuing imminent and serious danger. Noting the absence of new information concerning this matter, the Committee requests once again the Government to indicate the measures taken or envisaged to ensure that, until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health, in accordance with the second part of Article 19(f) of Convention No. 155.

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

Article 4 of the Convention. Prohibition of the use of benzene and of products containing benzene as a solvent or diluent, except where the process is carried out in an enclosed system or where there are other equally safe methods of work. Application in practice. Noting the absence of information in the report of the Government in response to the Committee’s previous comments, the Committee once again requests the Government to indicate the safe methods of work that ensure the removal of benzene vapour when the process involving the use of benzene, and of products containing benzene as a solvent or diluent, is not carried out in enclosed systems (section 7.2 of the Factories (Benzene) Regulations).

Article 6(2) and (3). Measurement of the concentration of benzene in the air of places of employment. Noting the absence of information from the Government in response to the Committee’s previous comments, the Committee once again requests the Government to provide information on the directions issued by the competent authority to ensure that employers carry out measurements of the concentration of benzene in the air of places of employment, in accordance with Article 6(2) and (3) of the Convention.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wages), and Conventions Nos 95 and 173 (protection of wages) together. The Committee notes the observations of the International Trade Union Confederation (ITUC) on the application of Convention No. 131, received on 1 September 2019.

Legislative developments. The Committee notes the adoption of the Employment Code Act 2019, which repeals a number of pieces of legislation which previously gave effect to the Conventions on wages, including the Employment Act and the Minimum Wages and Conditions of Employment Act.

Minimum wage

Article 1(1) of Convention No. 131. Coverage of the minimum wage system. Further to its previous comments, the Committee notes the information provided by the Government in its report, including the adoption in 2018 of amendments to the statutory orders fixing the minimum wage rates. Moreover, the Committee previously noted the Government’s indication that workers in the informal economy were not covered by minimum wage protection; in view of the large proportion of workers in that sector, the Committee requested the Government to take the necessary measures to extend the protection to such workers. In this respect, the Committee notes that the Employment Code Act 2019, like the repealed Employment Act, is potentially broad enough to cover workers in the informal economy.

Articles 3 and 4. Criteria for the determination of minimum wages. Operation of the minimum wage fixing machinery. Further to its previous comments, the Committee notes that the Employment Code Act 2019 establishes a new system for fixing and adjusting minimum wage rates. It notes in particular that the Labour Advisory Committee has the mandate to: (i) inquire into the wages and conditions of employment in any undertaking or sector in order to recommend minimum wages and conditions of employment; and (ii) review at least every two years and make recommendations to the Minister on the minimum wages and conditions of employment for any group of employees. The Committee also notes that the Government reiterates that the consumer price index is taken into account for the determination of the minimum wage levels. The Committee notes that the ITUC considers that, despite their revision in 2018, minimum wages in Zambia remain widely inadequate to meet the needs of workers and their families. The Committee requests the Government to provide its comments on the ITUC observations. It further requests the Government to provide information regarding the work of the Labour Advisory Committee in the context of the next examination of the minimum wage rates, including on the criteria taken into account when making recommendations to the Minister on the minimum wage levels.

Article 5. Enforcement. Informal economy. The Committee previously noted the Government’s indication that workers in the informal sector are not covered by minimum wage protection, and requested the Government to take the necessary measures to extend that protection to workers in the informal economy. While noting that the Government refers in its reply to the provisions of Part X of the Employment Code Act 2019 on the labour inspectorate and those on sanctions and redress, the Committee observes that legislative measures do not suffice to guarantee protection and that their application in practice is essential in this regard. The Committee requests the Government to take the necessary measures to ensure the effective application of minimum wage orders, including in the informal economy, and to provide information in this regard, including on labour inspection activities and other enforcement measures.

Protection of wages

Article 2 of Convention No. 95. Protection of wages of all persons to whom wages are paid or payable. The Committee notes that the Employment Code Act 2019 is the main legislation implementing the Convention. section 2 of the Act excludes from its application various categories of workers, including the Defence Force, the Police and Correctional Services and the Security Intelligence Service. Moreover, it provides that additional exclusions may be made by statutory instrument, after consultation with the Tripartite Consultative Labour Council. The Committee recalls that the Convention applies to all persons to whom wages are paid or payable. The Committee requests the Government to indicate how effect is given to the Convention for the categories of workers excluded from the scope of the Employment Code Act 2019.

Article 7(2). Works stores. Further to its previous comments, the Committee notes the Government’s reference to section 70(2) of the Employment Code Act 2019, which provides that employers may establish a shop for the sale of provisions to employees and that an employee shall not be compelled to purchase provisions at that shop, thereby giving effect to Article 7(1). The Committee recalls, however, that Article 7(2) provides that, where works stores for the sale of commodities to the workers are established or services are operated in connection with an undertaking, and access to other stores or services is not possible, the competent authority shall take appropriate measures with the object of ensuring that goods are sold and services provided at fair and reasonable prices, or that stores established and services operated by the employer are not operated for the purpose of securing a profit but for the benefit of the workers concerned. The Committee is bound to reiterate its request to the Government to indicate the measures taken to ensure compliance with this provision of the Convention.

Article 8(1). Deductions from wages. Further to its previous request, the Committee notes the Government’s reference to section 68 of the Employment Code Act 2019, which sets out the types of deductions from wages that are permitted. The Committee observes, however, that the Employment Code Act 2019 does not set out limits to those deductions. Recalling that, according to Article 8(1), deductions from wages shall be permitted only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreement or arbitration award, the Committee requests the Government to take the necessary measures to establish limits to the amount of deductions authorized under section 68 of the Employment Code Act 2019.

Article 12. Regular payment of wages. The Committee has noted for many years recurrent difficulties with regard to wage arrears in the country, including but not limited to workers in the public sector. It requested the Government to provide detailed information regarding the amount of wage arrears, the number of workers affected, and the sectors of economic activity, if any, affected by irregular payment of wages. While noting the information provided by the Government on the relevant provisions of the Employment Code Act 2019, the Committee recalls that legislative conformity in itself does not guarantee compliance with the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to address situations of wage arrears in the country.

Article 14(b). Wage statements. Further to its previous request, the Committee notes that the Government refers to section 72 of the Employment Code Act 2019, which provides for the obligation of the employer to explain to the employee, before they commence employment or when changes in the nature of the employment take place, the rate of wages and conditions relating to the payment of the wages. The Committee requests the Government to indicate the measures taken to ensure that workers are also informed, in an appropriate and easily understandable manner, at the time of each payment of wages, of the particulars of their wages for the pay period concerned, in accordance with Article 14(b) of the Convention.

Protection of Workers’ Claims (Employer’s Insolvency)

Articles 5, 6 and 8 of Convention No. 173. Application to business rescue proceedings. With regard to business rescue proceedings under the Corporate Insolvency Act 2017, the Committee previously noted that the Act does not indicate whether wage claims prior to the commencement of the business rescue proceedings benefit from a privilege (Article 5), and that subsequently, the Act does not regulate the coverage (Article 6) and rank of such privilege (Article 8). In the absence of new information in response to its previous request in this regard, the Committee requests once again the Government to take the necessary measures to ensure that the protection of workers’ claims by means of a privilege is extended to business rescue proceedings. It requests the Government to provide information in this regard.

Article 8(1). Rank of privilege in situations of winding-up and receivership. The Committee notes that the Government does not respond to its previous comments concerning sections 8 and 127(2) of the Corporate Insolvency Act 2017, pursuant to which workers’ claims have a lower rank of privilege attached to them than state claims, in the context of winding-up and receivership. The Committee recalls that, in accordance with Article 8(1), national laws or regulations shall give workers’ claims a higher rank of privilege than most other privileged claims, and in particular those of the State and the social security system. The Committee therefore requests once again the Government to take the necessary measures in order to ensure full compliance with Article 8(1) and to provide information in this regard.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Article 8 of the Convention. Exposure to hazards related to air pollution, noise and vibration. Further to its previous comment, the Committee notes the Government’s indication that the proposed noise regulations, which establish exposure limit values, have not yet been enacted. It also takes note of Schedule 1 of these proposed regulations, provided in the Government’s report, which sets out maximum acceptable sound pressure levels. Furthermore, the Committee notes that the Government indicates again that it has developed draft regulations on hazardous substances, in consultation with the social partners, which determine exposure limit values on the basis of common international practice. These values will be submitted to the competent minister for validation. The Committee firmly hopes that the Government will soon be in a position to report progress in the adoption of the proposed regulations on noise and hazardous substances and it requests the Government to communicate a copy of these texts once they have been adopted. The Committee also requests the Government to indicate the measures taken to establish criteria for determining the hazards of exposure to air pollution and vibration and to specify exposure limits for these hazards.

Article 15. Appointment of a competent person or use of a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration. In reply to the Committee’s previous comment, the Government indicates that employers are required to use a competent service for the prevention and control of air pollution, noise and vibration in case of emergency or where needed, for example where levels of exposure in the undertaking need to be monitored. The Committee requests the Government to indicate the manner in which it ensures that employers comply with their obligation to use a competent service to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2018.

Article 4 of the Convention. National laws and regulations. With reference to its previous comments, the Committee notes the adoption of the Mines and Minerals Development Act, 2015, and the Government’s indication that the Mining Regulations, 1971, which were revised in 2013 with the assistance of the ILO, are still in the process of being reviewed. The Committee requests the Government to provide information on the developments relating to the adoption of the revised Mining Regulations.

Article 5(5). Plans of working. The Committee notes that, pursuant to section 501 of the Mining Regulations (Statutory Instrument No. 107 of 1971) managers have the duty to ensure that mine plans are prepared and kept at the mine. However, the Committee notes that the manager may request to the Chief Inspector an exemption or partial exemption from the discharge of this duty, where the average number of persons employed is less than 100. Recalling that the Convention requires that the employer in charge of the mine ensures the preparation of appropriate plans of workings, regardless of the number of workers at the mine, the Committee requests that the Government provide information on any exemption or partial exemption granted under section 501 of the Regulations.

Article 7(a). Communication system. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers provide the mine with electrical, mechanical and other equipment, including a communication system, pursuant to Article 7(a) of the Convention.

Article 7(b). Commission and decommissioning of the mine. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the mine is commissioned and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety and health or that of other persons.

Article 7(g). Operating plan and procedures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers in respect of zones susceptible to particular hazards, pursuant to Article 7(g) of the Convention.

Article 8. Emergency response plan. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that employers prepare an emergency response plan, specific to each mine, for reasonably foreseeable industrial and natural disasters, pursuant to Article 8 of the Convention.

Article 10(a). Provision of training and retraining to workers. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that adequate training and retraining programmes and comprehensible instructions are provided for workers, at no cost to them, on safety and health matters as well as on the work assigned, pursuant to Article 10(a) of the Convention.

Article 12. Two or more employers undertaking activities at the same mine. With reference to its comment on the application of Article 17 of Convention No. 155, the Committee notes that the Government does not indicate the manner in which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations. The Committee requests the Government to provide further information on the manner in which effect is given to the requirement of Article 12 of the Convention, according to which the employer in charge of the mine coordinates the implementation of all measures concerning the safety and health of workers and is held primarily responsible for the safety of the operations.

Article 13(1)(a), (b) and (e). Right to report accidents. Right to request and obtain inspections and investigations. Right to removal. The Committee notes that, pursuant to section 17(2) of the OSH Act, 2010, workers have an obligation to report dangerous situations. In this respect, pursuant to section 38(2)(i), the Minister may enact regulations that provide for the reporting of accidents occurring at workplaces. However, the Committee notes that these regulations have not been issued. Moreover, the Committee notes that the Government does not indicate the provisions in the national legislation that grant to the workers the rights established in Article 13(1)(b) and (e) of the Convention. The Committee requests the Government to provide information on the procedures established by national laws and regulations for the workers to exercise their right: (a) to report accidents to the employer and to the competent authority (Article 13(1)(a)); (b) to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority (Article 13(1)(b)); and (c) to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health (Article 13(1)(e)).

Article 13(2)(c). Advisers and independent experts. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the safety and health representatives have the right to have recourse to advisers and independent experts, pursuant to Article 13(2)(c) of the Convention.

Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children, monitoring mechanisms and sanctions. In its previous comments, the Committee noted the activities implemented within the framework of the Joint Programme under the International Organization for Migration’s (IOM) Counter Trafficking Assistance Programme including: the reinforcement of the capacities of law enforcement and civil society to operationalize the Anti-Trafficking Law of 2008; development of a standard operating procedure for law enforcement in handling cases related to trafficking in persons; and provision for direct assistance, repatriation and reintegration assistance to victims of trafficking. It also noted the Government’s statement that financial constraints, lack of technical knowledge, lack of vehicles to conduct investigations and corruption by government officials are real impediments to the fight against trafficking in persons. The Government further indicated that the internal trafficking of children for domestic work, work in mining and agriculture and sexual exploitation, were common in the country and that children from poor households, as well as orphans and street children were particularly vulnerable to trafficking. The Committee requested the Government to strengthen the capacity of the law enforcement officials and provide the appropriate funds for their effective functioning.

The Committee notes the detailed information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), on the various initiatives undertaken by the Government to combat trafficking in persons. According to this information, the Government through the National Prosecution Authority (NPA), has taken great strides in building the capacities of the law enforcement officers and prosecutors through various training programmes facilitated by the United Nations Office on Drugs and Crime. The NPA has also intensified its cooperation and partnerships with regional bodies, such as the Conference for Western Attorney’s General African Partnership (CWAG–AAP), African Prosecutors Association (APA) and other national and international organizations by organizing trainings on prosecution and investigation of human trafficking as well as workshops and seminars which enhance awareness, knowledge and skills required to combat trafficking in persons. The Government further indicates that the National Committee and the National Secretariat on Human Trafficking is the designated body that coordinates the overall application of the Anti-Human Trafficking Act of 2008, including reporting the activities undertaken by the NPA, gathering statistical data on cases related to trafficking in persons and presenting before the National Inter-Ministerial Committee, providing guidance to the prosecution on cases related to trafficking in persons, as well as ensuring protection to victims of trafficking. Moreover, the Government states that currently there are six places of safety in six districts which provide protection to victims of trafficking and it is envisaged that one such place of safety be established in other districts. The Committee finally notes the Government’s information that, the Government with support from the IOM and other stakeholders and Civil Society Organizations, have developed the Best Interest Determination Guidelines for the Protection of Migrant Children, who are the most vulnerable to exploitation. The Committee, however, notes from the Communication Strategy on Mixed Migration and Human Trafficking in Zambia “Know Before You Go”, 2017–18, a document published by IOM, that internal trafficking, mainly of women and children from rural to urban areas for domestic servitude and sexual exploitation, remains a challenge and likely the dominant form of trafficking in Zambia. The Committee therefore urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who traffic in children for the purpose of labour and sexual exploitation are carried out and that sufficiently effective penalties are imposed in practice. It requests the Government to provide statistical information on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed for the sale and trafficking of children under 18 years of age. It also requests the Government to provide information on the number of children who have been protected from trafficking following the implementation of the Best Interest Determination Guidelines for the Protection of Migrant Children.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the various measures taken by the Government to improve the school enrolment and attendance rates and the positive results achieved. However, it noted that the United Nations Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that girls were dropping out of school due to early marriage, teenage pregnancy and discriminatory traditional and cultural practices, especially in rural areas (CRC/C/ZMB/CO/2–4, paragraph 53). The Committee therefore requested the Government to continue taking effective measures to improve the functioning of the education system, including by increasing the school enrolment rates and reducing school drop-out rates, particularly of girls in rural areas.

The Committee notes the Government’s information that the Education and Skills Sector Plan 2017–21 (ESSP) is a key measure to improve the functioning of the education system in the country. The ESSP aims to achieve improved learning outcomes as well as overcoming system inefficiencies in order to achieve the vision of “Quality and relevant lifelong education and skills training for all”. The Committee also notes the Government’s statement that the Free Primary Education Policy, the growing number of community schools, upgrading of primary schools to secondary schools and construction of more secondary schools have all led to an increase in the total number of pupils at school. Accordingly, the Committee notes with interest that as per the Educational Statistical Bulletin of 2017, the number of pupils in primary and secondary schools have increased from 3,879,437 to 4,139, 390 between 2012 and 2017. The Government further states that the rate of enrolment of girls have increased by 3.3 per cent from 2016 to 2017 owing to the “Support More Girls” initiative under the Orphaned and Vulnerable Children Bursary Scheme. The Government also refer to a decrease in the school drop-out rates in 2017 by 1.5 per cent for grades 1–7 and 1.0 per cent for grades 8–12. The Committee finally notes the Government’s information that this progression in girls’ education shall be sustained through implementing initiatives, such as “Keeping Girls in School”; Menstrual Hygiene Management at Schools; Comprehensive Sexuality Education; and the Re-entry policy which allows pregnant girls to get back to school after giving birth. The Committee strongly encourages the Government to continue taking effective measures to improve the functioning of the education system, including by increasing the school enrolment rates and reducing school drop-out rates, particularly of girls. It requests the Government to continue providing information on the measures taken in this regard, and on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the social and educational assistance provided to children affected by HIV/AIDS and other vulnerable children through the Public Welfare Assistance Scheme and the Social Cash Transfer Scheme. The Committee also noted from the Zambia Country Report of 30 April 2015 to the United Nations General Assembly Special Session on AIDS (UNGASS report), that the school attendance among orphans and non-orphans aged 10–14 years was 87.8 per cent. The Committee further noted from the 2015 UNAIDS estimates, a decrease in the average number of children aged 0–17 years who were orphaned due to HIV/AIDS. The Committee urged the Government to continue to strengthen its efforts to protect children orphaned by HIV/AIDS and other vulnerable children from the worst forms of child labour.

The Committee notes the absence of information in the Government’s report on this matter. The Committee, however, notes from the 2017 Labour Force Survey (LFS) Report that the Public Welfare Assistance Programme and the Social Cash Transfer Programme have benefitted a total of 24,465 and 127,453 households, respectively. The LFS report further indicates that the Orphans and Vulnerable Children Bursary, which aims to improve retention, progression and completion rates for vulnerable children at secondary education levels, has benefited a total of 17,415 households. However, the Committee notes that according to the 2018 UNAIDS Country Factsheets of Zambia, an average of 470,000 children aged 0–17 years are orphans due to AIDS in Zambia. Considering that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to continue to strengthen its efforts to protect such children from these worst forms. It requests the Government to continue providing information on the measures taken in this regard and the results achieved.

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

Articles 3(c) and 7(2) of the Convention. Worst forms of child labour and direct assistance for the removal of children from the worst forms of child labour. Use, procuring or offering of a child for illicit activities. Begging. The Committee previously noted that section 50(1) of the Juveniles Act of 1956 which prohibited the causing or procuring of a child to be in any street, premises or place for the purposes of begging or receiving alms, or of inducing the giving of alms applied only to children under the age of 16 years. It requested the Government to take the necessary measures to prohibit the use, procuring or offering of children aged 16–18 years for begging.

The Committee once again notes that the Government has not provided any information in this regard. The Committee notes that section 83 of the Employment Code Act No. 3 of 2019 prohibits the employment of children and young persons in any work that constitutes a worst form of child labour. It observes that according to section 80 of the Employment Code, a child is referred to as a person under 15 years of age, while the meaning of young person is assigned to the words in the Constitution. The Committee notes that article 24 of the Constitution defines young person as persons under the age of 15 years. The Committee further notes that the Government’s report refers to the National Plan of Action for Children which ensure the prevention and protection of children from all forms of child labour. The Government further indicates that vulnerable parents and guardians of children begging in the streets as a means of survival are encouraged to register for social welfare benefits while children are encouraged to receive educational support. Moreover, children in the streets and vulnerable children who are 15 years old and above are registered with the Ministry of Youth, Sport and Child development for inclusion in the skills training programme which is expected to commence in 2020. While noting the measures taken to protect children in the streets, the Committee once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of children aged 16–18 years for begging. The Committee further requests the Government to provide information on the number of children begging in the streets who have been registered at schools and at the skills training programme.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Action Plan (NAP) for the Elimination of the Worst Forms of Child Labour. In its previous comments, the Committee requested the Government to indicate whether it was envisaged to extend the NAP for the Elimination of the Worst Forms of Child Labour (2010–15) or to indicate any other programmes or action plans developed or envisaged for the elimination of the worst forms of child labour.

The Committee notes the Government’s information in its report that with the financial and technical support from ILO, the Government is in the process of revising the NAP for the Elimination of the Worst Forms of Child Labour so as to put in place a strategy and guidance on the best measures to eliminate child labour and its worst forms. The Committee expresses the firm hope that the revised NAP for the Elimination of the Worst Forms of Child labour will be revised, adopted and implemented without delay. It requests the Government to provide information on the specific measures undertaken within the framework of the NAP to combat the worst forms of child labour and the results achieved.

2. National Action Plan on Human Trafficking, Mixed and Irregular Migration 2018–21. The Committee notes from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that the National Inter-Ministerial Committee with the support from the International Organization for Migration (IOM) has revised and updated the NAP on Human Trafficking, Mixed and Irregular Migration 2018–21. This NAP is aligned to the Anti-Human Trafficking Act and to the Seventh National Development Plan. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NAP on Human Trafficking, Mixed and Irregular Migration to combat the trafficking of children under the age of 18 years and the results achieved.

Comments adopted by the CEACR: Zambia

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C148 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

2. Safety and Health in Mines Convention, 1995 (No. 176)

Adopted by the CEACR in 2019

C017 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Labour inspection: Conventions Nos 81 and 129

Labour administration: Convention No. 150

C103 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C103 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C155 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

A. General provisions

Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

I. Action at the level of the undertaking

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

C173 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wage

Protection of wages

Protection of Workers’ Claims (Employer’s Insolvency)

C176 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Safety and Health in Mines Convention, 1995 (No. 176)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Zambia

Display the list by:

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C148 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

1. Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

2. Safety and Health in Mines Convention, 1995 (No. 176)

Adopted by the CEACR in 2019

C017 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Labour inspection: Conventions Nos 81 and 129

Labour administration: Convention No. 150

C103 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C103 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C149 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C155 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

A. General provisions

Occupational safety and health and its promotional framework (Conventions Nos 155 and 187)

I. Action at the national level

I. Action at the level of the undertaking

A. Protection against specific risks

Benzene Convention, 1971 (No. 136)

C173 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wage

Protection of wages

Protection of Workers’ Claims (Employer’s Insolvency)

C176 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Safety and Health in Mines Convention, 1995 (No. 176)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)