Legal Clinic for the Zambia Congress of Trade Unions

The Challenge of Multiplicity of Trade Unions

The national Legal Clinic for the ZCTU has been conducted in order to address several legal developments related to the labour rights landscape in the country and with respect to international labour standards and rights. This clinic aimed at improving the capacity of affiliates to utilize the supervisory system of the ILO and improve the reporting to the Committee of Experts on the Application of Conventions and Recommendations (CEACR) and the Committee on Freedom of Association (CFA) in event of violations. As is always the case in trade union democracy, leadership always changes and those coming need to be capacitated with the knowledge of fundamental labour standards and the rules of the game that apply at the international level.

The ZCTU is currently faced with the challenge of multiplicity of trade unions thereby weakening their bargaining power. The unions intend to discuss improvements to the current legislation to limit the proliferation of trade unions in the country. In this respect, the discussion on the principles of freedom of association and collective bargaining will assist the affiliate in navigating the challenges without violating the principles of freedom of association. The activity focusses more on problem discussion and proffering alternative solutions and strategies to resolve them.

Therefore, the  specific objectives of the Legal clinic were to;

• Share information on the ILO principles concerning freedom of association and collective bargaining and their impact on national legislation in Zambia;
• Review the country's reporting obligations to the ILO, including the filing of complaints to the Committee on    Freedom of Association (CFA) in the event of a failure to resolve issues at the national level;
• -Capacitate participants with knowledge about the ILO supervisory mechanism and applicable rules.
• -Provide  opportunity to affiliate union members to seek advice on contemporary challenges facing the trade union movement in Zambia and how international labour standards can be used to improve the situation.

During the discussions, the following topics were covered;

• The ITUC Global Rights Index 2024 which ranks countries according to their level of respect for workers’ fundamental rights and in particular the ranking of Zambia.
• The ILO principles on freedom of association and collective bargaining for private and public sector workers and the determination of essential services. 
• The rights of trade unions to civil liberties, the importance of tripartism and the relevant ILO Supervisory mechanism, the CEACR, CAS, CFA and the Commission of Inquiry’s role in resolving disputes and the rules applicable to each committee and general discussions on contemporary labour matters affecting trade unions.