Development of the Zambia Decent Work Country Profile- Country Experience

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Development of the Zambia Decent Work Country Profile- Country Experience A Presentation made at the ILO/EC Map Project Country Experiences Sharing Workshop held from 27 th to 29 th June 2012, Geneva, Switzerland.

1.0 BACKGROUND 2.0 APPROACH ADOPTED IN THE DEVELOPMENT OF THE ZAMBIA DECENT WORK COUNTRY PROFILE (ZDWCP) 3.0 HIGHLIGHTS OF RESULTS/FINDINGS OF THE ZDWCP 4.0 CHALLENGES FACED IN THE DEVELOPMENT OF THE ZDWCP 5.0 STRENGTHS AND POSSIBLE USES OF THE ZDWCP 2

The first Zambia Decent Work Country Programme (ZDWCP) was formulated in 2006. This was for the implementation period 2007-2011; The ILO local office had engaged a consultant to develop the programme document; More focussed implementation started in 2009 when a Programme Advisory Committee as well as the Implementation Plan and M & E framework were put in place; Among challenges faced in implementation of the 2007-2011 ZDWCP were poor programme design due to inadequate stakeholder involvement (at design stage), low sense of ownership leading to funding gaps, inadequate advocacy. 3

The Profile was developed for the following purposes: To provide a concise analysis of the situation in terms of decent work deficits for the formulation of the 2012 to 2015 Country Programme, unlike the 2007-2011 which was formulated without such indicators; To act as an advocacy tool for sensitisation of key policy makers and legislators; and To act as a tool for further enhancement of ownership of the 2012-2015 Zambia Decent Work Country Programme. 4

Steps in the development process were such as the following: A local Consultant was engaged to compile a zero draft Profile document; The Zambia Decent Work Country Programme Advisory Committee constituted a small tripartite drafting Committee that reviewed the zero draft document; The Consultant produced a second draft after incorporating the tripartite drafting Committee s review comments; A third draft was produced after the Zambia Decent Work Country Programme Advisory Committee reviewed the second draft; Various Government Ministries and departments were engaged to verify and/or provide the statistical data used in the draft Profile; and A tripartite-plus workshop was held where the final draft Profile was discussed and validated. 5

The highlights of the findings of the Profile are as given below: I.Economic and social context for decent work Positive economic growth registered during 2005 2010, averaging between 5 and 6 per cent; Growth attributed to structural reforms, macroeconomic policies and the increase in mining production; Challenges still abound- much of the growth has been based on extractives, principally copper mining and fuelled by the rise in copper prices but has not been accompanied by sectoral diversification in areas other than mining; the growth has not generated commensurate employment; the levels of poverty remain very high. 6

II. Employment Opportunities Unemployment was estimated at 7.9 per cent in 2008 compared to 12 per cent in 2005. Both the unemployment and youth unemployment rates are higher in urban areas and among males; It should be noted that the unemployment rate shows an improvement due to increase in informal economic activity; Generally, informal employment declined marginally (from 90 per cent in 2005 to 89 per cent in 2008), implying that jobs in the formal employment have not grown commensurately with the economic growth. III.Adequate earnings and productive work The working poverty rate declined from 73.15 per cent in 1998 to 66.39 per cent in 2008; The average wage was higher among males and in urban areas. More women were concentrated in low-status jobs; The statutory minimum wage (approx US$100) was below the basic need level (Approx. US$ 500). 7

IV. Decent Hours Maximum number of hours of work allowable by law was 48 hours per week; The percentage of workers working more than 48 hours per week declined from 16.48 per cent in 2005 to 12.84 per cent in 2008. The rate in respect to excessive hours of work was found to be slightly higher among males and in urban areas. Workers in domestic service were among those who had to work long hours for little pay, with some working a total of 66 hours. V. Combining Work, Family and Personal Life Various laws and policies to encourage the combination of family responsibilities and work exist. The Employment Act, minimum wage legislation and various collective agreements provide for paid leave and benefits, maternity leave, as well as remuneration for women on maternity leave. Employers bear the cost of maternity leave directly. 8

VI. Work That Should Be Abolished Child labour recorded as major issue of concern; Various laws and regulations to combat child labour, child prostitution, forced labour and human trafficking. VII. Stability and security of work The Employment Act (EA) protects employees against unlawful termination of employment as well as unilateral changes to terms and conditions of employment; The Minimum Wages and Conditions of Employment Act sets the minimum wage to protect workers who are not covered by the EA; The number of workers with unstable and insecure jobs declined from 2005 to 2008 but was found to remain high at 59.10 per cent of all paid employees with job instability being higher among females and in rural areas; Casualization of labour is also rampant and has contributed to the deterioration of conditions of work. Increasingly, parts of the private sector are doing away with secure long-term employment contracts preferring casual and short-term contract staff who tend to provide cheaper labour. 9

VIII. Equal opportunity and treatment in employment Legislation has been put in place to promote equal opportunity in employment.- eg Employment Act, the Industrial Labour Relations Act and the Persons with Disabilities Act of 1996 prohibits discrimination in employment based on disability; It is however evident that the employment of people with disabilities remains a serious challenge as the majority of establishments lack disability friendly premises ; Women s share of the labour force in Zambia rose to some extent from 45.93 per cent in 1998 to 48.7 per cent in 2008. However, women continue to experience difficulty in accessing employment opportunities largely due to their relatively low educational standards, exacerbated by barriers experienced in pursuing higher education, which is a prerequisite for entry into most professions. 10

IX. Safe work environment Legislation such as the Factories Act, the Occupational Safety and Health Act and the Mines and Minerals Act deal with safety and health at work. A number of ILO Conventions pertaining to a safe working environment have been ratified and implemented by the national legislation; Capacity to enforce legislation in informal enterprises is inadequate. 11

X. Social security The National Pension and Scheme (NAPSA) is the largest social security scheme in force with an estimated coverage of 8 per cent of the labour force; Coverage of social security in Zambia is limited to employees of the formal sector; The benefits of social security schemes include cash transfers such as pensions, employment injury benefits, short term cash benefits (sickness and maternity benefits etc.), as well as benefits in kind such as health services; The share of the population aged 55 years and above who benefit from a social security scheme rose from 7 per cent in 2001 but was still low in 2008 at only 12.30 per cent. The share of the economically active population contributing to a pension scheme was 10.18 per cent in 2008 with no significant increase observed since 200; The Government and cooperating partners have put into place several social assistance programmes targeting incapacitated households but these are not intended for the working poor category which includes workers of the informal economy; Total public and private social security expenditure as a percentage of GDP has remained static at around 7.5 per cent in 2008. 12

XI. Social dialogue, workers and employers representation Zambia ratified ILO Convention 144 (Tripartite Consultation); The Zambia Federation of Employers (ZFE) represents employers. Two apex bodies represent workers- namely, the Zambia Congress of Trade Unions (ZCTU) and the Federation of Free Trade Unions of Zambia (FFTUZ). The ZCTU remains the larger of the two; The framework and structure of social dialogue is provided for in the Industrial and Labour Relations Act (ILRA). The Tripartite Consultative Labour Council (TCLC) is responsible for and has contributed to the review of labour laws and the ratification of some of the ILO Conventions; At the enterprise level, employers and unions undertake bipartite social dialogue for the purpose of collective bargaining as provided for under the law; The 2010 bargaining rate was 38 per cent. This shows that the majority of employees have no union representatives; Social dialogue has been effective in mitigating the impact of the global financial and economic crisis. During the crisis, the unions in the tourism and mining sectors agreed to partial erosion of conditions of service in order to protect jobs; 69 per cent of the union membership in 2010 was male while only 31 per cent was female. 13

Comparability of data; the methodologies used in the 2006 Living Conditions Monitoring Survey, the 2005 and 2008 Labour Force Surveys were different; Challenges in obtaining data from administrative records due to poor or lack of databases in most institutions; The Central Statistical Office has very few Labour Statisticians and this delayed preparation of reports. 14

Provides the current situation in terms of decent work in the country; Provides useful information for the development of the 2012-2015 Decent Work Country Programme; To guide the new Government that was put into office in September 2011 in developing its labour market policies; The succinct analysis of socio-economic situation and decent work indicators in the profile makes it an appropriate advocacy tool for better policy formulation and improved funding of labour policies. 15

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