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

Zambia

Convenio sobre igualdad de remuneración, 1951 (núm. 100) (Ratificación : 1972)
Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) (Ratificación : 1979)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Zambia Federation of Employers (ZFE) transmitted with the Government’s report.

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). Prohibited grounds of discrimination. Discrimination based on national extraction. Legislation. The Committee recalls that, although the ground of “national extraction” is not expressly referred to in section 5 of the Employment Code Act, 2019 (which prohibits direct and indirect discrimination against an employee or a prospective employee on the following grounds: “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), it appears to be covered by the grounds of “tribe”, “ethnicity” and “place of origin”. Consequently, the Committee requested the Government to provide information on the application in practice of section 5 of the Employment Code Act, in particular examples of cases of discrimination based on the grounds of “tribe”, “ethnicity” or “place of origin”, with a view to allowing the Committee to ascertain the scope of these grounds in practice. The Committee notes the Government’s information, in its report, that there have been no complaints concerning discrimination filed under the Employment Code Act during the period under review. The Committee requests the Government to report on any cases of discrimination beyond the ambit of the Employment Code Act based on the grounds of “tribe”, “ethnicity” or “place of origin”, including any decision of the Constitutional Court in this regard.

Article 4. Security of the State. The Committee recalls 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. It notes the Government’s indication that the Defence Force, the Zambia Police and the Department of Immigration only employ nationals, due to the sensitivity of the institutions concerned, and that policies on recruitment have been elaborated to provide the necessary guidelines on the matter. The Committee requests the Government to provide examples of the policies issued to provide guidelines on restrictions to employment due to State security reasons.

Article 5. Special measures. 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, besides the employment quotas for persons with disabilities recalled above.

Articles 1 to 3. National policy for equality of opportunity and treatment irrespective of race, colour and national extraction. San and Khoe peoples. The Committee previously noted that the San and Khoe peoples face barriers to access their ancestral lands, education, and employment. In that regard, it stressed that, ensuring that indigenous peoples have access to land and resources to allow them to engage in their traditional occupations and access employment without discrimination should be part of the objectives of a national policy on equality. The Committee recalls that, although discrimination on the grounds of race, colour and national extraction is generally prohibited in most countries, in practice far fewer countries have adopted proactive and comprehensive measures aimed at promoting substantive equality in respect of these grounds. Consequently, it wishes to underline 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. This should also encompass measures aimed at addressing the challenges faced by these peoples in seeking to engage in the occupation of their choice because of discrimination, in law and practice, including unsecure land tenure and biased approaches towards the traditional occupations engaged in by certain ethnic groups (2018 General Observation). The Committee again requests the Government to provide information on the measures adopted to ensure that the San and Khoe peoples enjoy equality of opportunity and treatment in respect of employment and occupation, such as for example, any measures adopted to tackle the barriers these peoples may face in exercising their traditional occupation without discrimination. Please also specify if any affirmative action is implemented in favour of the San and Khoe peoples under section 5(3) of the Employment Code Act, 2019 and under the Citizens Economic Empowerment Act, 2006. The Committee also encourages the Government to periodically assess the situation in employment and occupation of the San and Khoe peoples and the discrimination faced by them, in order to inform the formulation and evaluation of appropriate measures, in consultation, wherever possible, with the interested groups.

Equality of opportunity and treatment irrespective of disability. The Government informs the Committee that it is working to ensure equality of opportunity and treatment for persons with disabilities by providing skills training through the National Vocational Rehabilitation Centre and the Technical Education Vocational and Entrepreneurship Training Authority (TEVETA). The Committee notes that: (1) TEVETA has also developed guidelines aimed at making vocational training more accessible and inclusive for people with disabilities. These guidelines focus on accessible curricula, removal of various barriers, support with job placement, provision of assistive devices, and fostering an inclusive work environment; (2) the Citizens Economic Empowerment Commission (CEEC) supports marginalized groups, including persons with disabilities, through business loans, though only 1 per cent of loans from 2022 to 2024 were awarded to this group; (3) Section 39 of the Persons with Disabilities Act allows for employment quotas in both the public and private sectors, and the Ministry of Education hired hundreds of teachers with disabilities in 2022 and 2023. The Government is currently in discussions to implement these quotas more broadly; and (4) according to the 2023 Labour Force Survey, 22,200 persons with disabilities were employed, with most working in service, sales, agriculture, and retail sectors. There have been no official complaints of employment discrimination based on disability under relevant laws. The Committee welcomes the Government’s efforts. However, it observes that the United Nations Committee on the Rights of Persons with Disabilities (UNRPD) has expressed concern over ongoing employment barriers, including low education levels, insufficient training, workplace discrimination, and lack of accommodations (CRPD/C/ZMB/CO/1, 29 April 2024, para. 53).The Committee requests the Government to report on: (i) the adoption of statutory instruments setting an employment quota for persons with disabilities in the public and private sectors; (ii) the impact of the measures adopted to promote education, vocational training and employment of persons with disabilities; and (iii) any cases of discrimination based on disability dealt with by the labour inspectorate, the courts or any other competent authorities and the sanctions imposed, under section the Persons with Disability Act.

Equality of opportunity and treatment irrespective of sex. The Committee notes that the National Gender Policy was revised in 2023, after consultations with social partners and relevant stakeholders. It also notes that the Policy sets out, among other things, to: (1) eliminate all forms of gender-based violence; (2) increase women’s participation in employment; (3) increase participation of women in science and technology, transport and infrastructure development; and (4) reduce gender disparities in access to education. The Policy acknowledges some achievements realized under the previous policy framework, such as the increase in the completion rates of girls at both primary and secondary levels of education, reduction in child marriages, increased awareness on gender matters, and increased participation of women in key decision-making positions, while also pointing to persisting challenges, including low access to productive resources and participation in economic activities, gender-based violence and patriarchal tendencies, cultural and social norms contributing to maintaining power imbalances between men and women. The Committee also notes from the 2023 report of the Voluntary National Review of the Republic of Zambia on the implementation and progress towards the 2030 Agenda on Sustainable Development, that, in 2021, women spent 56.5 per cent of their day on unpaid domestic service work, while men spent 28.6 per cent of their time in a day on unpaid domestic and care work.

The Committee notes the information provided on the Girls Education and Women’s Empowerment and Livelihoods (GEWEL) project, including the Supporting Women´s Livelihoods (SWL) and the Social Cash Transfer components, as well as the Gender Based Violence (GBV) responsive Grievance Redress Mechanism (GRM) which covers all the implementing districts of SWL and SCT. Concerning statistical information, the Government indicates that men’s participation in employment stands at 59.9 per cent, while that of women stands at 40.1 per cent, with women being mainly employed in wholesale and retail trade sectors (35 per cent) and men in the agriculture sector (28.2 per cent).

The Committee requests the Government to provide information, including statistics, on: (i) the evaluation of the results achieved through the GEWEL project in terms of enhanced equality of opportunity and treatment for women in employment and occupation, beyond information on the number of the beneficiaries reached; (ii) the impact of the measures adopted under the 2023 National Gender Policy on ensuring equality of opportunity and treatment between men and women in respect of employment and occupation and addressing gender segregation in the labour market; and (iii) the participation of men and women in education, training, employment and occupation, if possible disaggregated by sector and occupational category, including decision-making positions.

Sexual harassment. Concerning the application of the Disciplinary Code and Procedures for Handling Offences in the Public Service and Local Government Service, the Government confirms that sexual harassment by third party (such as customers, suppliers, contractors, delivery workers, patients, etc.) encountered in connection with performance of work is not covered in the Disciplinary Code. However, it indicates that supervising officers can use their discretion to address these cases in accordance with the spirit of the Disciplinary Code. The Committee further notes the Government’s reference to section 95 of the Employment Code Act imposing on employers the duty to put into place a harassment policy, a disciplinary code as well as disciplinary and grievance procedures. The employer who fails to comply with this provision is liable to an administrative penalty under the Office of the Labour Commissioner. The Committee recalls that employers have an overall responsibility for protecting their employees from sexual harassment in the workplace, including from third parties. The Committee requests the Government to provide: (i) examples of the sanctions imposed and the remedies provided to the victims under the Disciplinary Code applicable to the public service and local government service, including in cases relating to sexual harassment by third parties in the performance of work; and (ii) information on the application in practice of section 95 of the Employment Code Act (e.g. number of establishments and their field of activity that have put into place the harassment policy, a disciplinary code and the related disciplinary and grievance procedures, the scope of protection accorded and the remedies provided to the victims, as well as the number of employers sanctioned for failure to comply with this section).

Scope. Public service. The Government reports that it has been implementing policies that aim at attaining gender balance in most senior level administrations which include the Public Service Recruitment Guidelines and the Parliamentary Standing Orders. The Committee notes from the statistics provided by the Government that women represent 48 per cent of workers in the public sector and account for 42 per cent of managerial positions. The Committee requests the Government to continue to provide statistics on the distribution of men and women in the public service, disaggregated by grade and level of responsibility.

Convention No. 100 – Principle of e qual r emuneration for men and women for work of equal value 

Articles 1 to 4. Gender Pay Gap. The Committee takes note of the Government’s indication that it is fostering a culture of transparency by openly sharing information about pay scales and compensation policies in the public service and it is monitoring and addressing gender pay gaps. It further notes, from the statistical information provided that, in 2023, women’s average monthly earnings was 4,647 ZMB against 5,604 ZMB for men. The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation. The Committee refers, in this regard, to its comments above on Convention No. 111. The Committee requests the Government to provide information on: (i) the outcome of the monitoring of gender pay gaps undertaken in the public service; and (ii) any similar initiatives promoted in the private sector, including those undertaken in collaboration with the social partners. Please also continue to provide statistical information on the earnings of men and women in all sectors and occupations.

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Definition. The Committee previously noted that section 3 of the Employment Code Act, No. 3 of 2019, 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”. It thus considered that it was unclear whether the principle of equal wage for work of equal value enshrined in section 5 (4) of the Employment Code Act 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. The Committee notes the Government’s clarification that section 5(4) also applies to such additional emoluments, which addresses its previous request.

Article 2. Collective Bargaining. The Committee notes the Government’s indication that all the collective agreements for the health, mining, financial, security service, building and engineering sectors promote equal pay for work of equal ‘value’. After collective agreements are signed by the parties, they are submitted to the Ministry of Labour and Social Security for approval by the Minister and registration by the Labour Commissioner. Once this is done, the trade unions take up the responsibility of sensitizing their members on the approved collective agreements.

The Committee requests the Government to provide some copies of collective agreements that promote equal pay for work of equal ‘value’.

Article 3. Objective job evaluation methods. The Committee previously noted that the document entitled “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, 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 (2015). The Committee notes the information provided by the Government concerning a range of measures put into place to ensure coverage of work that is of different nature but of equal “value”, including the universal application of compensable factors, inclusive evaluation panels, employee sensitization, and opportunity for feedback and appeals on the preliminary job evaluation report. The Government also indicates that several appeals have been filed concerning the results of the job evaluations, alleging, among others, positions being underscored and levels of responsibility being higher than evaluated. The Government acknowledges that many appeals were based on personal qualifications or individual circumstances rather than the demands of the job itself. The Committee also notes with interest that, in order to promote the principle of the Convention, the Government undertakes regular audits and assessments of current pay structures across different sectors; involves independent bodies to provide objective analysis and recommendations; implements standardized pay scales that reflect the value of roles and responsibilities across various sectors. Welcoming these measures, the Committee requests the Government to continue to provide information on the implementation and promotion of objective job evaluation methods in particular in the private sector.

Conventions Nos 100 and 111 – Application in practice

Enforcement. The Committee notes the Government’s acknowledgment that, despite the adoption of the Gender Equity and Equality Act (2015), the Gender Equity and Equality Commission has not been established yet. It also takes note of the information provided by the Government on judicial decisions related to the general application of the principle of non-discrimination. The Committee welcomes ZFE’s indication that, during the period under review, it organized several workshops to train employers, providing them with practical scenarios and actual case law on discrimination and its consequences. The Committee requests the Government to continue to provide information on cases involving the application of the principles enshrined in Conventions Nos 100 and 111 addressed by the competent authorities. In that regard, it reiterates its request for information on any measures adopted to enhance the capacity of enforcement authorities, as well as the social partners, to identify, prevent and address cases of discrimination in employment and occupation and of unequal remuneration for work of equal “value”. Please provide information on the final establishment of the Gender Equity and Equality Commission and also include information on any awareness-raising activities that have been undertaken concerning the provisions of the Employment Code Act (2019) on discrimination and the beneficiaries of these activities.