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ZAMBIA.TXU
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TITLE: ZAMBIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, tribe,
sex, place of origin, marital status, political opinion, color,
or creed.
Women
Both the Constitution and law entitle women to full equality
with men in most areas. In practice, Zambian women are
severely disadvantaged compared to men in formal employment and
education. Married women who are employed often suffer from
discriminatory conditions of service. For example, allowances
for housing and children and tax rebates to which they as
employees are entitled often accrue to their husbands.
Similarly, women have little independent access to credit
facilities; in most cases, they remain dependent on husbands,
who are required to sign for loans. As a result, few women own
their own homes.
Customary law and practice also place women in subordinate
status with respect to property, inheritance, and marriage,
despite various constitutional and legislative provisions.
Under traditional customs prevalent in most ethnic groups, all
rights to inherit property rest with the deceased man's
family. The 1989 Intestate Succession Act is designed to
guarantee women a share of the joint estate. Under the Act,
the children of a deceased man share equally 50 percent; the
widow receives 20 percent; the parents, 20 percent; and
relatives, 10 percent.
In practice, "property grabbing" by the relatives of the
deceased man continues to be rampant, particularly when local
customary courts have jurisdiction. These courts often use a
different law, the Local Courts Act, to distribute inheritances
without reference to the percentages mandated in the Succession
Act. As a result, many widows receive little or nothing from
the estate. Another problem is that fines for property
grabbing mandated by the Succession Act are extraordinarily low
given high inflation since the law was enacted. During 1994
the Ministry of Legal Affairs and nongovernmental organizations
examined ways to amend the law to safeguard the rights of women
more effectively and to increase the penalties for violations.
By year's end, however, an amended Succession Act had not yet
been introduced in Parliament.
Violence against women remained a serious problem. Wife
beating and rape were commonplace. According to official
statistics, 2,243 rape cases were reported to the police
between 1990 and 1994. Of these, 709 resulted in conviction
and 102 in acquittal. The remainder were either dismissed or
are unresolved. Defendants convicted of rape normally were
sentenced to prison at hard labor. Since many rapes are not
reported to the police, the actual number is certainly much
higher. Domestic assault is a criminal offense, but in
practice police are often reluctant to pursue reports of wife
beating. In June the spokesman for the Zambia police said that
officers will follow up on a case if a victim desires to press
charges, but that in other cases police will try to broker a
reconciliation. The Government and nongovernmental
organizations expressed increasing concern about violence
against women, and the media devoted considerable publicity to
it during the year.
Children
The Government seeks to improve the welfare of children, but
scarce resources and ineffective implementation of social
programs adversely affected the welfare of children and adults
alike. Due to harsh economic conditions, both rural and urban
children often must work in the informal sector to help
families make ends meet (see Section 6.d.).
There was no pattern of discrimination or societal abuse
against children. In September the Ministry of Legal Affairs
sponsored a 3-day workshop on "The Human Rights of the Child."
People with Disabilities
Persons with disabilities face significant societal
discrimination in employment and education, and the Government
took steps to ameliorate their hardships, including
establishing a national trust fund to provide loans to the
disabled to help them start businesses. The Government has not
legislated or otherwise mandated accessibility to public
buildings and services for the disabled.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right of citizens to form
trade unions, and approximately 60 percent of the 300,000
formal sector workers are unionized. The country's 19 large
national unions, organized by industry or profession, are
affiliated with the Zambia Congress of Trade Unions (ZCTU).
The ZCTU is democratically operated and, like its constituent
unions, is independent of any political party and the
Government. By a majority vote of its members, a union may
decide on affiliation with the ZCTU or with trade unions or
organizations outside Zambia. The ZCTU is a member of the
International Confederation of Free Trade Unions. Labor
leaders travel without restriction to international conferences
and to visit counterparts abroad. In late 1994, the Mine
Workers Union of Zambia and a number of other ZCTU constituent
unions, in rejecting the results of ZCTU leadership elections,
took steps to disaffiliate themselves from ZCTU and establish a
rival umbrella organization. This process continued as the
year ended.
The 1993 Industrial and Labor Relations Act (ILRA)
reestablished the "one industry, one union" principle. The
Bankers Union of Zambia, a new union, was duly registered with
the Government in 1993 but has been unable to operate because
the employers recognize the existing Zambia Union of Financial
and Allied Workers.
In November 1993 the Ndola High Court ordered the Government to
register the Secondary School Teachers Union of Zambia. The
Government appealed to the Supreme Court, noting that secondary
school teachers were already represented by the Zambia National
Union of Teachers. The case remained pending at year's end.
All workers have the right to strike, except those engaged in
essential services, the Zambia Defense Force, the judiciary,
the police, the prison service, and the intelligence security
service. The ILRA defines essential services as power,
medical, water, sewerage, firefighting, and certain mining
occupations essential to safety. It permits strikes only after
all other legal recourse has been exhausted, and in practice
all work stoppages during the year were illegal. The ILRA
prohibits employers from retribution against employees engaged
in legal trade union activities. Workers engaged in illegal
strikes do not enjoy this protection, and there were at least
two instances in 1994 when employers fired workers engaged in
illegal strikes.
b. The Right to Organize and Bargain Collectively
The right to bargain collectively is established by legislation
and is contained in the ILRA. Employers and unions in each
industry negotiate collective bargaining agreements through
joint councils in which there is no government involvement.
Civil servants and teachers, as public officials, negotiate
directly with the Government. Collective disputes are first
referred to a conciliator or a board of conciliation. If
conciliation fails to resolve the dispute, the parties may
refer the case to the Industrial Relations Court or, in the
case of employees, vote to strike. In practice, the industry
joint councils function effectively as collective bargaining
mechanisms.
The ILRA prohibits antiunion discrimination by employers
against union members and organizers. An employee who believes
he or she has been penalized for union activities may, after
exhausting any existing administrative channels for relief,
file a complaint with the Industrial Relations Court. This
Court has the power to order appropriate redress for the
aggrieved worker. The complainant may appeal a judgment of the
Industrial Relations Court to the Supreme Court. In practice,
the Court often orders employers to reinstate workers found to
have been the victims of discrimination.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits slavery and involuntary servitude,
but it authorizes citizens to be called upon to perform labor
in specific instances, for example, during national emergencies
or disasters. Moreover, a citizen can be required to perform
labor that is associated with traditional civic or communal
obligations, as when all members of a village are called upon
to assist in preparing for a visit by a traditional leader or
other dignitary.
d. Minimum Age for Employment of Children
By legislation, the minimum age for employment of children is
16. The Labor Commissioner effectively enforces this law in
the industrial sector, in which, because of the high demand for
employment by adults, there are no jobs available to children.
However, the law is not enforced for the vast majority of
Zambians who work in the subsistence agricultural, domestic
service, and informal sectors, where persons under age 16 are
often employed. In urban areas children commonly engage in
street trading.
e. Acceptable Conditions of Work
In August, pursuant to Statutory Instrument Number 99, the
Minister of Labor set the minimum wage for nonunionized workers
at $0.11 (70.30 kwacha) per hour. On a monthly basis, assuming
a 48-hour workweek, a worker earning the minimum wage would
receive $22 (14,600 kwacha). The minimum wage covers
nonunionized workers in categories such as general workers,
cleaners, office orderlies, and watchmen. The minimum wage is
insufficient to provide an adequate standard of living, and
most minimum wage earners must supplement their incomes through
second jobs, subsistence farming, or reliance on the extended
family.
With respect to unionized workers, each industry through
collective bargaining sets its own wage scales. In practice,
almost all unionized workers receive salaries considerably
higher than the nonunion minimum wage.
The legal maximum workweek for nonunionized workers is 48
hours. Maximum limits for unionized workers vary. The minimum
workweek for full-time employment is 40 hours and is, in
practice, the normal workweek. The law requires 2 days of
annual leave per month of service. Zambian law also regulates
minimum health and safety standards in industry, and the
Department of Mines is responsible for enforcement. Factory
safety is handled by the Inspector of Factories under the
Minister of Labor, but staffing problems chronically limit
enforcement effectiveness. There are no legislative provisions
to protect a worker who refuses to work on safety grounds.