Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Application of the Convention in occupations
outside the employment relationship

1. In paragraphs 1 and 6 of its previous direct request, the Committee had noted that, while the Labour Relations Act and the Public Service Act prohibited discrimination in the private sector and in the public sector respectively, no information was available on the measures taken to ensure equality and non-discrimination in occupations outside the employment relationship such as self-employment and farming. In its reply, the Government refers to the National Gender Policy and states that the issue of discrimination in farming where persons are employed is covered by the Labour Relations Act. The Committee hopes that the next report will indicate how persons who are not employed and work outside an employment relationship, and in particular self-employed persons in the farming sector, are protected against discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and are given equal opportunity and treatment, irrespective of these grounds, in regard to vocational training and access to employment and occupation. In particular, the Committee requests the Government to indicate the measures taken to ensure that access to land in the implementation of the Land Reform Programme is granted without discrimination based on race, sex or political opinion.

Application of the Convention in the public/civil service

2. In its previous direct request, the Committee had pointed out that section 18 of the Public Service Act prohibited discrimination for appointments and promotions only and it had asked how protection against discrimination was afforded to public employees outside appointments and promotions, and in particular in regard to vocational training. The Committee notes the Government’s reply that there is a Human Resources Planning Policy in the public service which gives every employee opportunity for training irrespective of gender. The Committee notes that the functions of the Public Service Commission, as set out in the Public Service Act, go beyond appointments and promotions in the public service. In particular, the Commission exercises disciplinary powers and makes regulations providing for the conditions of service of members of the public service. Other authorities in the public service have responsibilities for giving access to and providing training for and within the public service. The Committee observes that there is no legislative provision requiring the Civil Service Commission to ensure that there is no discrimination on all the grounds covered by the Convention in all matters falling within its mandate. Neither is there a legislative provision prohibiting discrimination in regard to the provision of training for and in the public service. The Committee hopes that in its next report the Government will indicate the measures taken or envisaged to adopt legislation to this effect.

Discrimination on the ground of sex

3. The Committee notes that the National Gender Policy was officially launched on 8 March 2004 and that a number of bodies have been put in place to carry out programmes and activities for gender sensitivity. The Committee hopes that the next report will provide information on the measures taken in pursuance of the National Gender Policy, with special attention to the following strategies regarding the Industry, Commerce and Employment Sector identified in the National Gender Policy Sector:

(i)  measures to promote equitable access to, control and ownership of productive resources to reduce the level of poverty, especially among women;

(ii)  affirmative action programmes to give equal employment and business opportunities to both women and men at all levels;

(iii)  measures to pass legislation, enforcement and to educate all employees and employers against all forms of sexual harassment and unfair labour practices at work and in business;

(iv)  measures to revise the Labour Relations and the Manpower Development Acts to include the key gender-related sections which have been excluded; and

(v)  measures to correct the inadequacies of the present statistical system used to measure women’s labour force participation.

4. Statistical information. In reply to the Committee’s request for statistical data on the employment situation of men and women, the report provides tables on women in politics and decision-making, which include a table on the representation of women in the public/civil service. The Committee notes that between 2002 and 2003, the percentage of women showed a decrease at all levels of the public/civil service, with the exception of the lowest level (Administrative Officer and equivalent), where it increased from 25 per cent to 49 per cent. The Committee hopes that the next report will explain the reasons for this decrease and the measures taken or envisaged, including affirmative action programmes, to promote a better representation of women at the decision-making levels in the civil service.

5. The Committee again expresses the hope that the next report will provide statistical data on the labour force participation of men and women, disaggregated by sex, sector of activity, occupational skills and levels of responsibility.

Discrimination on the ground of political opinion

6. The Committee notes the Government’s statement that political affiliation is not a factor considered for employment in Zimbabwe and that section 5(7) of the Labour Relations Act is applicable to those affected. The Committee observes that section 5(7) does not deal with the protection of workers from discrimination on the ground of political opinion, and provides for an exception to the prohibition of discrimination based on political opinion or creed, in respect of political, cultural and religious organizations. In its previous request, the Committee had referred to the concluding observations of the United Nations Human Rights Committee, in 1998, which expressed concerns about acts of political violence against government opponents, for which impunity had been extended to the perpetrators. The Committee notes from the report submitted to the UN Commission on Human Rights by the Special Rapporteur on the independence of judges and lawyers in 2002 that members of the Supreme Court have been subjected to threats, harassment and intimidation from government ministers and leaders of political movements favourable to the Government to force them to retire. The Committee is also aware of attacks from government ministers and pro-government movements against teachers who were suspected to support the opposition: they were prevented by force to carry out their duties, were demoted or transferred, or lost their jobs. The Committee therefore hopes that the Government will indicate in its next report the measures taken or envisaged to ensure that in practice no discrimination based on political opinions or affiliation can take place against persons working or employed in Zimbabwe, and that any such act of discrimination is duly prosecuted and punished in accordance with the law.

General policy of non-discrimination and of promotion
of equality of opportunity and treatment

7. The Committee notes, from the information supplied in the Government’s two first reports, that while a national policy for the promotion of equality between men and women in employment and occupation has been adopted, the Government does not appear to have declared and to pursue a comprehensive and clear policy in regard to the other grounds of discrimination enumerated in the Convention. The Committee hopes that the Government will declare and pursue such a policy, as required by Article 2 of the Convention, and the next report will indicate the measures taken or contemplated in this regard.

8. The Committee notes that the draft Employment Policy has been finalized and is awaiting to be considered by Cabinet. It hopes that this policy will embody the principles of non-discrimination on all the grounds covered by the Convention, and that the next report will contain information on the contents and implementation of the policy.

Educational programmes

9. The Committee requests the Government to provide information in its report on the educational and public information programmes which exist or are considered to promote the acceptance of the principles of non-discrimination in employment based on the grounds listed in the Convention, including programmes aimed at promoting knowledge and acceptance of the National Gender Policy.

Part V of the report form

10. Please continue to provide the information called for in this part of the report form.