Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Zambie (Ratification: 1964)

Article 6(1)(b) of the Convention. Equality of treatment in respect of social security. The Committee notes that, according to the Government, the National Pension Scheme Act does not exclude foreign workers from membership except for those employed by international organizations that enjoy diplomatic immunity, but that until March 2013 all foreigners were being excluded from membership due to a misinterpretation of the term “international organization” under section (d) of the second Schedule of the Act. The Committee notes that the National Pension Authority has since clarified the meaning of the term and membership for all eligible foreign workers is now being enforced. The Committee also notes, however, that according to the National Pension Authority, workers employed by Mopani and Konkola copper mines were, at the inception of the national pension scheme in 2000, exempted from membership as part of the pre-sale conditions to facilitate the sale of the state-owned copper mines. The authority indicates that the exemption in respect of Mopani was reversed in 2008 but enforcement still remains a challenge. The Committee requests the Government to indicate the measures taken to ensure the effective enforcement of the National Pension Scheme Act with respect to workers from the Mopani copper mine, on an equal footing with nationals, and to indicate the reasons for the continued exclusion of workers of Konkola from eligibility for membership in the national pension scheme. Noting that proposed amendments to the National Pension Act are with the legislative drafters in the Ministry of Justice, the Committee asks the Government to ensure that in revising the legislation due account will be taken of the principle of equality of treatment in social security, embodied in Article 6(1)(b) of the Convention, and to provide information on any developments in this respect.

Article 6(1)(a)(i). Equality of treatment with respect to terms and conditions, including remuneration. The Committee previously noted that the draft Employment Act (Amendment Bill) aimed to strengthen the “Zambianization” Committee under the Ministry of Labour and Social Security so as to ensure that foreign nationals were allowed to take up only jobs where suitable and qualified Zambians were not available. It had noted also that section 75 of the draft Employment Act (Amendment Bill) provides that every expatriate employee and Zambian professional with matching qualifications engaged to hold similar roles shall be remunerated “equitably”, and that this includes all other terms and conditions of service applicable to the two categories of employees. The Committee notes the Government’s statement that most of the migrant workers from neighbouring countries are low-skilled workers and therefore compete for jobs meant for Zambians. The Government also indicates that Zambian labour laws do not discriminate between nationals and migrant workers with respect to remuneration and conditions of employment; however, organizations have the right to determine conditions of employment for their local migrant workers. The Government indicates further that, in the context of the labour law reform process, it has been recommended that the Employment Act be amended to include a provision requiring employers to ensure equal remuneration for the same work, similar work or work of equal value, irrespective of origin, nationality, sex, age, race or disability of the employee or worker. The Committee asks the Government to take the necessary steps to ensure that, under the draft Employment Act (Amendment Bill), nationals and migrant workers lawfully in the country are treated on an equal footing with respect to remuneration and terms and conditions of employment, and to provide information on any further developments concerning the draft Employment Act (Amendment Bill). Please also provide information on the activities of the “Zambianization” Committee.

Article 8. Maintenance of residence in the event of incapacity for work. Considering the increased migration flows into the country, the Committee requests the Government to provide information on the application in practice of the maintenance of the right to residence in the event of the incapacity for work of migrant workers admitted on a permanent basis.

Statistics. The Committee notes the Government’s statement that statistics are not readily available. The Committee wishes to draw the Government’s attention to the importance of gathering relevant statistics on emigration and immigration flows, disaggregated by sex and nationality as well as sector of employment, in the context of effective labour migration laws and policies, and encourages the Government to take the necessary steps to collect, analyse and supply such data with its next report.