Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the communication dated 23 October 2002 by the International Confederation of Trade Unions (ICFTU) containing comments on the application of the Convention by Zambia, which has been forwarded to the Government. The Committee will address the communication together with any comments that the Government may wish to make on the matters raised therein at its next session. In addition, the Committee hopes that the Government will provide the information requested in its previous comments, which read as follows:

1. The Committee notes the information provided by the Government that the majority of complaints submitted to and handled by the Permanent Human Rights Commission have been labour-related complaints concerning discrimination, racial attitudes and practices, and xenophobic tendencies at places of work. The Committee observes that the Commission has a mandate to investigate human rights violations and to propose effective measures to prevent human rights abuse, but can only make recommendations to the appropriate government agencies, and has no power to enforce its findings beyond making them public. The Committee requests the Government to provide more specific information on the cases that the Commission has dealt with including: (a) the number and alleged causes of discrimination in employment and occupation; and (b) the types of outcomes of the cases, including sanctions and remedies applied. As the Committee previously requested, it would appreciate it if the Government would provide a copy of any decision adopted by the Commission concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention. The Committee also requests the Government to provide information on the activities carried out by the operational committees that have been created under the Human Rights Commission, in particular, the Gender Equality, the Economic, Social and Cultural Rights and Communal and Minority Rights Committees, related to equal opportunities in employment and occupation.

2. The Committee notes that the Human Rights Commission has adopted a National Plan of Action for Human Rights, 1999-2009, and requests the Government to submit a copy of the Plan to the Office. The Committee also notes that the Commission has made proposals to the Government and the social partners for educational programmes, workshops and seminars for leaders of employers’ and workers’ associations on human rights standards for workers and employers and on the provisions of the Convention. It also notes that there are several programmes on the delivery of public education and human rights education waiting to be funded by the Government and external partners. The Committee requests the Government to provide information on the development, implementation and impact of activities related to the promotion of equality in employment and occupation. The Committee also wishes the Government to provide information on the actions taken to address racism and xenophobic attitudes in employment and occupation.

3. The Committee notes that the Government has adopted a National Gender Policy designed to fulfil the commitment of ensuring that both men and women have equal opportunities at all levels of development. The Committee notes the institutional mechanisms established to promote gender policy and gender mainstreaming. The Committee requests the Government to provide more information not only relative to the objectives of gender policy, but also on the concrete actions that are being developed in order to reconcile in practice, respect for traditions and customs with the applications of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation. The Committee asks the Government to provide statistics on the situation of women and men on the labour market, their respective participation in the various occupations and statistics on the distribution of men and women in the various sectors, occupations and posts in the public and private sectors.

4. The Committee has expressed on different occasions the importance of the implementation of an adequate system of vocational training that is free of any form of discrimination prohibited in the Convention in order to effectively contribute to equality in employment and occupation. The Committee notes the statistical data sent by the Government on the percentages of men and women that have completed different courses, and hopes that in its next report figures will also be sent indicating the number of men and women that have participated in these courses. The Committee again requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualification required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

5. The Committee notes that the Government has not replied to its previous comment requesting information on the measures that have been taken or are envisaged to promote recruitment, further training and promotion of women to ensure their representation at all levels of the public service, including the higher decision-making levels, and to provide statistics on the number and grades of women and men currently employed in the public service and their posts.

6. The Committee also requests the Government to provide information on any progress achieved in the examination of the national legislation in order to strengthen equality between men and women in employment and occupation assessing whether it is still necessary to prohibit the access of women to certain occupations (such as the restrictions on employing women in underground mines and night work). The Committee hopes the review will be undertaken in consultation with women workers and representatives of employers’ and workers’ organizations and in light of up-to-date scientific knowledge and technological changes and social progress in view of promoting equality of opportunity and treatment. In this regard, reference is made to the 1985 resolution on equal opportunities and equal treatment for men and women in employment; the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); the Night Work Convention, 1990 (No. 171); and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations.