Solicitud directa (CEACR) - Adopción: 1989, Publicación: 76ª reunión CIT (1989)

1. In its previous comment the Committee referred to conditions of employment in the public sector and requested that the Government provide information with respect to protection in the public service from discrimination on the grounds of sex and political opinion. The Committee also requested the Government to provide information on any complaints raised and investigations made on alleged discriminatory practices in the public service or state dependent bodies or services.

The Government indicates in its report that according to article 25 of the Constitution of Zambia, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour or creed, whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. The Government points out that in the discharge of its duties the Public Service Commission, let alone the Government, cannot make or do an act which is discriminatory in nature. The Constitution of Zambia, the Government indicates, recognises and declares that every person in Zambia is entitled to the fundamental rights and freedoms of an individual whatever his race, place of origin, political opinions, colour, creed or sex. This being the case, the Public Service Commission must have regard to the articles on fundamental rights and freedoms of individuals enshrined in article 13 of the Constitution.

The Government indicates that there have been no complaints from the civil service of alleged discriminatory practices; however, a few such complaints from state dependent bodies and services have been lodged with the Industrial Relations Court alleging discrimination mainly on grounds of social status with an element of tribal extraction. Between January 1986 and December 1987, the Court handled a total of 60 cases of alleged discriminatory practices in the parastatal and private organisations.

The Committee takes due note of these indications.

(a)With respect to discrimination on the basis of political opinion, the Committee notes that both articles 13 (declaration of fundamental rights and freedoms) and 25 (protection from discrimination) are subject to article 4(2) of the Constitution which provides that nothing contained in the Constitution shall be construed as to entitle any person lawfully to form or attempt to form any political party or organisation other than the United National Independence Party, or to belong to, assemble or associate with, or express opinion or do any other thing in sympathy with, such political party or organisation.

Referring to the explanations in paragraphs 57 to 63 of the 1988 General Survey on Equality in Employment and Occupation, the Committee requests the Government to indicate what measures have been taken in respect of article 4(2) of the Constitution so as to ensure that public servants are not discriminated against in their employment on the basis of expressing or otherwise acting upon their political opinion, and to promote in the private sectors a similar protection from discrimination on the grounds of political opinion.

(b) With respect to equality of opportunity and treatment in the public service irrespective of sex, the Committee requests that the Government provide full information, including judicial decisions and/or other authoritative interpretations, regarding the practical application of articles 25 and 13 of the Constitution of Zambia. In particular, the Committee asks that the Government provide full information on the apparent inconsistency in protection provided under these two articles, noting particularly that article 25 (providing explicit protection from laws which are discriminatory) does not include sex as a protected basis, although article 13 (establishing fundamental rights and freedoms) does.

2. The Committee in its previous comment requested the Government to provide statistical data, reports, studies, etc., showing the relative importance of men and women in employment in general and in top positions in particular. It also requested the Government to provide information on measures to promote vocational training of women and the results achieved.

The Committee notes the Government's indication that statistical data on the ratio of women to men in both general employment and vocational training programmes are not available. The Government indicates that due to a vigorous national policy to promote equality of opportunity and treatment women are gradually beginning to fill top positions in society, noting that women hold positions in the Central Committee of the ruling United National Independence Party, the National Assembly, and high levels of the civil service and parastatal bodies. With regard to vocational training the Government indicates that a very high priority has been assigned to development of educational and training facilities through the introduction of free education and the setting up of educational, vocational and technical training institutions all over the country; that enrolment in these vocational and technical institutions is based solely on the academic attainment and aptitude of individuals; and that these institutions have produced many women who compete favourably with men in the fields of medicine, engineering, teaching, the civil service, and many other economic and social activities and professions.

Taking due note of these indications, the Committee asks the Government to provide more concrete information in its future reports regarding measures taken and results of efforts to promote its policy of equal opportunity in employment and occupation, with particular regard to participation throughout all segments of the active population and access to all levels and types of educational and vocational training programmes. It would be most useful if the Government would provide, for example, a list of educational and vocational training facilities, including a brief description of the courses and training offered at each, and the numbers of persons of each sex enrolled and graduated at each during a recent year.

3. In its previous comment, the Committee requested the Government to provide information on employment recruitment and selection procedures and on labour inspectors' action to prevent or redress discriminatory practices in employment and occupation.

In its report the Government indicates that the Department of Labour runs employment services throughout the country, that although the use of these services is voluntary, employing concerns - be it government departments, parastatal or private undertakings - are encouraged to use these facilities for notification of vacancies and recruitment of labour.

In the public sector the Government indicates that selection and recruitment of labour is done through the Public, Police and Prisons, Teaching Service, and Judiciary Service Commissions. In areas not covered by these four Commissions, selection and recruitment is done directly by the employing concerns. In all cases, individuals apply direct to the institution responsible for employment. A selection is made by the institution concerned on the basis of interviews and qualifications to fill basic requirements of the job. Any apparent discriminatory practices can be redressed in accordance with the provisions of article 29 of the Constitution.

The Committee notes the information provided by the Government. Referring to comments made in point 1 above, it also asks the Government to send with its next report laws, regulations, or rules which govern the procedure and operation of the Commissions charged with selection of labour named above.

4. The Committee, having previously noted that section 114 of the Industrial Relations Act, 1971 does not provide for protection against discrimination in access to employment on grounds of political opinion, requested the Government to provide information on measures adopted or contemplated to ensure in accordance with the Convention access to employment without discrimination based on political grounds. The Committee further requested the Government to provide information on complaints raised before the Industrial Relations Court under section 114(2) of the Industrial Relations Act on grounds of discrimination referred to in the Convention, in particular on grounds of political opinion, on the outcome of the proceedings, including copies of the relevant Court decisions published for public information in the Zambian Gazette.

With respect to access to employment without discrimination based on political grounds, the Committee notes the Government's indication that it is correct that section 114 of the Industrial Relations Act protects only those already in employment. The Government further indicates that those who are seeking employment and feel that they have been discriminated against may however seek redress as provided for under article 29 of the Constitution.

The Committee asks that the Government provide information on complaints raised before the Industrial Relations Court under section 114(2) of the Industrial Relations Act, as well as under article 29 of the Constitution, on grounds of discrimination referred to in the Convention, in particular on grounds of political opinion, and on the outcome of such proceedings, including copies of relevant Court decisions published for public information in the Zambian Gazette.