17th July 2024
The Clerk of the National Assembly
National Assembly
Parliament Buildings
P O Box 31299
LUSAKA
Dear Sir,
RE: SUBMISSION TO THE COMMITTEE ON NATIONAL ECONOMY, TRADE AND LABOUR MATTERS ON ILO CONVENTION 190 AND ITS RECOMMENDATION NO. 206 ON CONCERNING THE ELIMINATION OF VIOLENCE AND HARASSMENT IN THE WORLD OF WORK
- INTRODUCTION
The Zambia Federation of Employers appreciates the opportunity given by the Committee on National Economy, Trade and Labour Matters to make some comments in regards to the ramifications to the nation that may arise from Zambia’s ratification of the ILO 2019 Convention No. 190 and its Recommendation No. 206.
We wish to comment as follows:
On 21st June 2019, during the 108th International Labour Conference (ILC) of the International Labour Organization (ILO), the Conference adopted the Convention concerning the Elimination of Violence and harassment in the World of Work (No. 190) and its accompanying Recommendation (No. 206).
The Conference was attended by over 4,500 delegates from the ILO Member states in a tripartite arrangements of Governments, Employers and Workers Organizations. The adoption process was through voting after a select Committee of the Conference had deliberated and submitted their report and conclusions to the plenary sessions of the Conference.
Four hundred and thirty-nine (439) delegates of employers, workers and Government representatives voted in favor while thirty-seven (37) voted against with thirty (30) delegates as abstentions.
(An Affiliate to International Organisation of Employers and a Partner to the International Labour Organisation
It should be noted that despite the Conference having over 4,500 delegates in attendance those given the voting powers were only Five hundred and six (506) delegates from all the three constituencies of Governments, Employers and Workers from each of the member states. Zambia was represented by her tripartite partners, the Government through the Ministry of Labour and Social Security (MLSS), the Zambia Federation of Employers (ZFE) and Zambia Congress of Trade Unions (ZCTU) as well as the Federation of Free Trade Unions of Zambia (FFTUZ)
In the case of the Recommendation 206 Three hundred ninety-seven (397) voted in favor while
twelve (12) voted against with forty-four (44) abstentions.
Both the Convention No. 190 and the Recommendation No. 206 aim at providing the right of everyone in the World of work free from violence and harassment including gender-based violence and harassment an opportunity to shape a future of work based on dignity and respect.
2. Definition of Violence and Harassment
The ILO Convention No. 190 provides the first international definition of violence and harassment in the world of work which refers to a range of unacceptable behavior and practices, or threats thereof, whether a single occurrence or repeated, that aim at resulting in or are likely to result in physical, psychological, sexual or economic harm and includes gender based violence and harassment.
Further the Convention also defines gender based violence and harassment as violence and harassment directed at persons because of their sex or gender or affecting persons of particular sex of gender disproportionately and includes sexual harassment.
3. Forms of Violence
The forms of violence that the Convention brings out that can be found in the world of work are as follows:
- Physical Violence: which can involve hitting, pushing, or physically assaulting someone at work.
- Verbal Abuse: which can involve insults, threats or offensive language directed at a colleague or employee.
- Sexual Harassment: such as unwanted advances, comments, or behavior of a Sexual nature.
- Bullying: which can involve repeated mistreatment, exclusion or intimidation.
- Psychological Harassment: which include manipulating gaslighting, or under mining someone’s confidence.
- Cyberbullying: which can involve harassment through digital channels such as emails or social media
- Discriminations: which means treating someone unfairly based on their race, gender, religion, or other protected characteristics.
4. Scope of Protection
Convention No. 190 builds on the understanding that no one should be subject to violence and harassment in the world of work. It protects workers and other persons in the world of work, including:
- Employees as defined by national laws and practice
- Persons working irrespective of their contractual status
- Persons in Training, including interns and apprentices
- Workers whose employment has been terminated
- Volunteers
- Job Seekers and Job Applicants
- Individuals exercising the authority, duties or responsibilities of an employer.
5. Ramification of Zambia’s Ratification of Convention 190 and implementation of its Recommendation 206.
The ramifications that may arise from Zambia’s ratification of the ILO 2019 Convention No. 190 can be both on the negative and positive sides to employers, workers and their representative organizations and to the Government.
Since the Convention and its accompanying Recommendation covers all workers in all sectors, private or public both in the formal and informal economy or sectors and whether in Urban or Rural Areas the following may be the effects that may arise from the ratification of the Convention.
5.1. Negative effects on the part of Government
Once ratified, the Governments will have an obligation to define and prohibit violence and harassment in the world of work in all the sectors stated above by formulating laws and regulations and to adopt appropriate measures to prevent the violence and harassments of worker. In order to succeed on this front, both Human and Financial resources will have to be allocated towards the enactment of a law through which this Convention will be domesticated and its enforcement will require Human Resource as Labour Inspectors to ensure compliance of the law by the different employers in the Urban and Rural areas, and in both formal and informal economy.
Enforcement may be achieved in the Urban formal economy but it may not be achievable in the rural informal economy. As ratifying countries are required by the ILO Constitution to submit reports annually on how implementation of ratified Conventions is being done, any failure to implement the provisions of the Convention will dent Zambia’s standing with the International Labour Organization (ILO)
Conducting Labour inspections to enforce the law and to ensure there are no forms of violence and harassment in both Urban and Rural based companies may come with a huge cost to the Government.
Equally the recommendations in the Recommendation that the support services and remedies for victims of gender- based violence and harassment referred to in Article 10 (e) of the Convention should include measures such as
( a) Support to help victims re-enter the Labour market
( b ) counselling and information services , in an accessible manner as appropriate,
( c ) 24- hour hotlines,
( d ) emergency services
( e) medical care and treatment and psychological support
( f ) crisis centers, including shelters and
(g) specialized police units or specially trained officers to support victims and the requirement that member states should make efforts to collect and publish statistics on violence and harassment in the world of work disaggregated by sex, forms of violence and harassment , and sector of economic activity , including with respect to the groups referred to in Article 6 of the Convention may be costly to the Government to implement .
The positive ramification of Government to put all the above in place is employment creation for its citizens and attainment of a world of work in Zambia that is free from violence and harassment of the Zambian workers in all sectors of the economy in which they will operate from.
Since the Convention and its accompanying Recommendation has called on Governments to take effective appropriate measures to
(a) promote the effective recognition of the right of workers to collective bargaining at all levels as a means of preventing and addressing violence and harassment and to the extent possible mitigating the impact of domestic violence in the world of work, and
(b) support such collective bargaining through the collection and dissemination of information on related trends and good practices regarding the negotiations process and content of collective agreements, Zambia’s ratification of this Convention will promote unionism of workers in various sectors and thereby enhancing the worker’s freedom of association and a working environment where workers can freely express themselves.
5.2. Negative effects on private Sector entities
Given the requirement of the Convention that employers should develop policies on ending violence and harassment at their workplaces, it may be costly especially to the informal Rural companies to develop policy on eliminating violence and harassment in their undertakings and ensure policy coherence at the entity. Some may develop the policies but fail to implement them.
It may not always be easy to find evidence that may conclude a case of any form of violence and harassment especially when it comes to an allegation of sexual harassment. Some people may allege having been harassed sexually which may lead to the accused receiving a severe punishment on an allegation that may not be factual.
On the positive side the development and implementation of policy on preventing violence and harassment at an enterprise and the promotion of enhanced social dialogue will create a safe and friendly working environment for workers which effectively may lead to a positive impact on productivity.
5.3. Negative Impact on the Trade Unions
Given that the Convention and its accompanying Recommendation calls on members’ states to ensure that workers and their representatives should take part in the design, implementation and monitoring of the workplace policy referred to in Article 9(a) of the Convention which are required to state that:
- violence and harassment will not be tolerated.
- establish violence and harassment prevention programmes with, if appropriate, measurable objectives.
- specify the rights and responsibilities of workers and employers
- contain information on complaint and investigation procedures
- provide that all internal and external communications related to the incidents of violence and harassment will be duly considered and acted upon as appropriate
- specify the rights to privacy of individuals and confidentiality, as referred to in article 10 ( c) of the Convention while balancing the right of workers to be made aware of all hazards and
- include measures to protect complainants, victims, witnesses and whistle -blowers against victimization or retaliation,
some Trade unions at sector levels may not have the capacity to participate in the policy formulation and if they do participate some may not have the capacity to ensure that the formulated policies cover the above points as contents.
On the positive side Trade Unions will have increased work to do for their members which will be an additional service to justify their existence and to increase their membership.
6.0. Conclusions and Recommendations
The Zambia Federation of Employers having participated in the discussions leading to the adoption and voting in favour of Convention No. 190 and its accompanying Recommendation No. 206 during the 108th Session of the International Labour Conference in Geneva Switzerland notes that the ratification and domestication of the Convention will promote or enhance equality and non- discrimination, occupational health and safety compliance and a conducive world of work free of violence and harassment in the country. Having consulted its general membership on whether Zambia should ratify and domestic in her Labour laws the Convention and adopt its accompanying Recommendation or not, and having obtained support from its members to support the ratification of the Convention do here by submit that Zambia can proceed in ratifying the Convention.
It is hoped that the costs and any challenges that may be faced in the domestication and application of the Convention and its accompanying Recommendations will not outweigh the expected benefits to be derived in the country such as creating a world of work that is free from violence and harassment of workers and a World of work that promotes social dialogue and the working together of workers and employers in policy formulation to eliminate any form of violence and harassment.
Yours Faithfully
ZAMBIA FEDERATION OF EMPLOYERS
HARRINGTON CHIBANDA ( FZICA,FCCA, MSc, HRM )
EXECUTIVE DIRECTOR