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

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Zambia (Ratificación : 1996)

The Committee recalls that it requested the Government to provide its reply to the allegations of the Federation of Free Trade Unions in Zambia (FFTUZ) that the requirement of having a minimum of 25 employees in an institution before workers can join a union of their choice has greatly disenfranchised employees from institutions with less than 25 employees, as these workers cannot belong to a union. The Committee takes due note of the Government’s indication that the right of individuals to belong to a trade union is guaranteed under the Industrial and Labour Relations Act (ILRA), and that the requirement for employers employing 25 of more employees, or such lesser number as may be prescribed by the Minister, to register pursuant to section 63(1) of the ILRA has no impact on the right of workers to join trade unions.

Articles 2 and 3 of the Convention. Revision of the Industrial and Labour Relations Act. The Committee previously urged the Government to amend sections 2(e), 5(b), 7(3), 9(3), 18(1)(b), 21(5) and (6), 43(1)(a), 78(4) and 107 of the ILRA which pertain to the right of workers, without distinction whatsoever, to establish and join organizations, the right of organizations of workers and employers to elect their representatives, and the right of workers’ organizations to freely organize their activities and to formulate their programmes. The Committee notes the Government’s indication that the ILRA is currently under review and that the issues raised by the Committee are being addressed. It also notes that social partners and stakeholders have been invited to make submissions on the provisions of the Law, including those concerning union representation and workers’ rights in smaller establishments. The Committee further notes the Government’s indication that a Tripartite Technical Committee has been convened to review these submissions and that a technical report will be presented to the Tripartite Consultative Labour Council. Recalling that it has been addressing the need to amend the ILRA for a number of years, the Committee firmly expects that the ILRA will be amended, in consultation with the social partners, without further delay so as to bring it into full conformity with the Convention. The Committee requests the Government to provide information on all developments, and to transmit a copy of the amended legislation.