MULUNGUSHI UNIVERSITY

SCHOOL OF BUSSINESS STUDIES

NAME: SINDALA SAMUTUMWA

STUDENT NUMBER: 202103859

COURSE CODE: BLL 462

COURSE NAME: INTERNZTIONAL LABOUR AND DOMESTIC LAWS

LECTURER: MR KASONDE

DUE DATE: 8 MAY 2025

The primary ILO Convention in addressing discrimination in the world of work is Convention No.
111, the Discrimination (Employment and Occupation) Convention, 1958. It is on the ILO
fundamental Convention that that aims to promote equality and of opportunity and treatment
in employment and occupation. According to convention No1. 111 discrimination is defined as
any distinction, exclusion or preference based on race, sex, color, religion, political opinion,
national, extraction and social origin which has the effect of nullifying or impairing equality of
opportunity or treatment in employment or occupation. The case of Jacque Charles Hoffman 2 is
instructive on the protection against discrimination as the court ruled that denying a person
employment on account that he is HIV positive amounted discrimination.

The International labour organization convention No. 100 is one of the ILO conventions that
seeks to eliminate discrimination. This is the core convention on the need to equal pay for the
work of equal value of workers in the world of work regardless of the sex of the workers. The
objectives of equal remuneration ILO convention No. 1003 is to ensure equal pay for male and
female workers who undertakes equal work of equal value. The case of Human and Youth
Commission v universite laval4 is instructive on the need to pay employee equal wages for work
of equal value.

Further the ILO declaration on fundamental principles and rights at work OF 1998 also plays a
crucial role in eliminating discrimination in the world of work, it reaffirms the international
labour organization commitment and its member states in in respecting, promoting principles
and right as one of the four core areas covers discrimination and it is binding on all member
states regardless of whether they have ratified the related conventions focusing the elimination
of discrimination in employment and occupation.

1
Article 1 of the Discrimination (Employment and Occupation) Convention, 1958 No. 111
2
Constitutional court of South Africa , Jacques Charles Hoffman v South African Airways 2000 Case No. CCT 17/OO
3
Article 2 of Equal Remuneration Convention No. 100
4
Human and Youth Rights Commission and Universite Lsval, Quebec Human Rights Tribunal 200
The universal declaration of human rights which is part of international bill of rights also helps
in fighting and eliminating discrimination in all its forms including places of work. The Universal
Declaration of Human Rights asserts the inherent dignity and equal rights of all people,
regardless of their differences. Article 2 of Universal Declaration of Human Rights 5 specifically
addresses discrimination as it sets out the principle of non discrimination which everyone is
entitled to.

Further in addressing discrimination in the world of work Article 23(2) 6 of the Universal
Declaration of Human Right Provides that everyone without any discrimination has the right to
equal pay for equal work. This provision is very important in world of work as it promotes
equally among workers who are engaged to undertake equal work of equal value regardless of
their sex or any other factor.

The International Convention on Civil and Political Rights which is also part of the international
bill of rights contains some provision that combats discrimination. Article 26 of the
aforementioned Convention sets out general principle of equality before the law and protection
against discrimination. It prohibit any form of discrimination and guarantees equal and effective
protection against discrimination, thus no person must be discriminated on the ground of race,
sex, color, language, religion, political or other opinion, national, social origin and any other
ground that constitutes discrimination.

Despite having various ILO Convention aimed at combating discrimination in the world of work,
these ratified convention are merely persuasive and not enforceable in Zambia until the same
has been domesticated in Zambia in accordance with section 57 of the ratification of
international agreement act as read together with Article 928 of the constitution of Zambia
which empowers the president to sign international convention on behalf of Zambia and Article
639 of the constitution which empowers the parliament to make laws. Further the case of

5
Article 2 of Universal Declaration of Human Rights 1948
6
Article 23 (2) of Universal Declaration of Human Rights 1948
7
Section 5 of Ratification of International Agreements Cap 34 of the laws of Zambian
8
Article 92 of the Constitution of Zambia Act No. 2 of 2016
9
Article 63 of the Constitution of Zambia Act No. 2 of 2016
Fellow Nanzaluka10 is instructive to the effect that ratified convention can be only enforced
once it has been domesticated.

Therefore in order for Zambia to promote equally and also to eliminate discrimination in the
world of work a specific provision of discrimination has been domesticated to bring them in
conformity with the provisions of ratified Conventions that seeks to eliminate discrimination in
the world of work. section 511 of the employment code as read together with section 10812 of
Industrial and Labour Relations obliges an employer to promote equal opportunity in
employment and eliminate. An employer is prohibited to make any employment policy or
practice that is discriminatory in nature whether direct or indirectly against an employee or
prospective employees on the basic of colour, nationality, tribe or place of origin, sex,
pregnancy or any other grounded that is prohibited by the act. In the case of Heather Musariri v
iSchool Zambia Limited the Industrial Relations Court ruled that refusal to of the employer to
renew the contract of an employee because of her pregnancy was unlawful and amounted to
unfair discrimination13.

The Gender Equity and Equality Act that was enacted to promote gender equity and equality
with a view of eliminating all forms discrimination on against women also provide for
protection against discrimination based on sex of a person as provided for in section 15 14.

It is important to note that the constitution of Zambia which is a supreme law of the land in
which all other laws are subject to, provides for protection against discrimination and all other
statutes derives its powers from the constitution. Article 1115 of the constitution provides for
fundamental rights and freedom which every person is entitled regardless of race, place of
birth, political opinions, colour, creed, sex or marital status. Further Article 23 16 of the
constitution of Zambia provides for protection against discrimination, thus no person must be
discriminated on based on any prohibited ground. The laws against discrimination is very

10
Zambia Sugar v Fellow Nanzaluka SCZ Appeal No. 82 of 2001
11
Section 5 of Employment Code Act No. 3 of 2019 of the laws of Zambia
12
Section 108 of the Industrial and Lbour Relations ACT, Chapter 269 of the laws of Zambia
13
Heather Musariri v iSchool Zambia Limited comp/391/2016
14
Section 15 of the Gender Equity and Equality Act No. 22 of 2015
15
Article 11 of the Constitution of Zambia as amended by Act No. 18 of 1996
16
Article 23 of the Constitution of Zambia as Amended by Act No. 18 of 1996
important as it does not just promote and uphold the fundamental rights and dignity of all
individuals in ensuring that no one is treated unfairly based on race, sex, religion on any other
ground but it also promotes equality in order to create more level playing field, in giving
everyone equal access to opportunities in employment hence the need to supplement the
provision of the constitution on eliminating of discrimination in the various pieces of legislation
that specifically deals with employment and labour matters such as the employment code and
the industrial and labour relations Act.
REFERENCES
STATUTES USED
Article 1 of the Discrimination (Employment and Occupation) Convention, 1958 No. 111
Article 2 of Universal Declaration of Human Rights 1948
Article 23 (2) of Universal Declaration of Human Rights 1948
Article 2 of Equal Remuneration Convention No. 100
Article 11 of the Constitution of Zambia as amended by Act No. 18 of 1996
Article 23 of the Constitution of Zambia as amended by Act No. 18 of 1996
Article 92 ofthe Constitution of Zambia Act No. 2 of 2016
Article 63 of the Constitution of Zambia Act No. 2 of 2016
Section 5 of Employment Code Act No. 3 of 2019 of the laws of Zambia
Section 108 of the Industrial and Lbour Relations ACT, Chapter 269 of the laws of Zambia
Section 5 of Employment Code Act No. 3 of 2019 of the laws of Zambia
Section 108 of the Industrial and Labour Relations ACT, Chapter 269 of the laws of Zambia
CASE LAW

Constitutional court of South Africa, Jacques Charles Hoffman v South African Airways 2000
Case No. CCT 17/OO
Human and Youth Rights Commission and Universite Laval, Quebec Human Rights Tribunal 200

Heather Musariri v iSchool Zambia Limited comp/391/2016