Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

In previous observations, the Committee had emphasized that, pursuant to Article 6(1)(b) of the Convention, equality of treatment with respect to social security should be ensured with regard to all foreign workers lawfully in the territory and not only to those permanently residing in the country. It had noted the Government’s indication that the National Pensions Scheme Act, No. 60, 1996, has transformed the National Provident Fund into a national pension scheme, which became operational on 1 February 2000. The Committee notes that the Second Schedule, section 10, of the National Pensions Scheme Act, No. 9, of 2000, which should be read together with the National Pensions Scheme Act, No. 60, 1996, exempts employees of international organizations and employees of foreign governments with diplomatic or equivalent status who are not citizens of Zambia. It also notes that, pursuant to section 13(2) of the Act, the Minister may, by statutory instrument, vary or add to the list of employees in the Second Schedule. However, the Government indicates that the Act is again under review. The Committee hopes that the Government, in revising the National Pensions Schemes Act, 2000, will take due account of the principle of equality of treatment in social security, embodied in Article 6(1) (b) of the Convention, and asks the Government to keep it informed of any further developments with respect to the revision of the Act.  Please also indicate whether any statutory instruments have been adopted exempting other categories of employees from the National Pensions Scheme Act, No. 9 of 2000.

The Committee is raising other points in a request addressed directly to the Government.