Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Zimbabwe

Convenio sobre igualdad de remuneración, 1951 (núm. 100) (Ratificación : 1989)
Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) (Ratificación : 1999)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality and non-discrimination, under examination this year, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation), together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Definition of discrimination (direct and indirect). Prohibited grounds of discrimination. Legislation. The Committee notes of the Government’s indication that section 5(1) of the Labour Act provides for non-discrimination against any employee or prospective employee on grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status, and that in its view that ’place of origin’ covers distinctions made on basis of any nationality or status of nationality. The Committee wishes to highlight that the concept of “national extraction” covers discrimination made on the basis of a person’s place of birth, ancestry or foreign origin, and also discrimination directed against persons who are nationals of the country in question. The Committee notes with regret that, despite the technical assistance provided by the Office in that regard, the Government did not take advantage of the enactment of the Labour Amendment Act, 2023 (No. 11) to define and prohibit direct and indirect discrimination and to add “national extraction” and “social origin” to the list of prohibited grounds. Considering the above, the Committee again requests the Government to ensure that the Labour Act prohibits direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, for all workers and with respect to all aspects of employment. It also asks the Government to provide information on any judicial interpretation given to Section 5(1) of the Labour Act. 

Public Service. Regarding the prohibited grounds of discrimination enshrined in Section 18 of the Public Service Act (race, tribe, place of origin, political opinion, colour, creed, gender or physical disability), the Committee notes that Clause 16 of the Public Service Amendment Bill, currently before the Cabinet Committee on Legislation, seeks to align Section 18 with Section 56.3 of the Constitution which states that: ‘Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock’.

The Committee urges the Government to take the necessary steps to ensure that both direct and indirect discrimination is defined and prohibited in the public sector legislation on at least all the grounds enumerated in Article 1(1)(a) of the Convention, for all workers and with respect to all aspects of employment. It also asks the Government to provide information on any progress made in this regard. Additionally, the Committee requests the Government to indicate whether the Constitutional Court has ruled on the meaning to be given to the grounds listed in section 56.3 of the Constitution.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2(1). Legislation. The Committee notes with regret that the Government has not taken the opportunity provided by the adoption of the above-mentioned Labour Amendment Act, 2023 (No. 11), to bring the legislation fully into conformity with the Convention by amending the definition of “work of equal value” set out in Section 2 of the Labour Act.

The Committee asks the Government to amend the definition of the expression work of equal “value” set out in the Labour Actto ensure that the principle of equal remuneration for men and women for work of equal ‘value’ is fully reflected in the legislation, to allow for the comparison not only of work that involves similar qualifications and skills, effort, responsibilities and conditions of work, but also of work of an entirely different nature which is nevertheless of equal ‘value’. 

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