A critical assessment of the Extent to which international labour standards relating to protection of employees from discrimination are incorporated into zambian and malawian labour laws
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Discrimination occurs on many different levels and on various grounds, but this essay focuses on discrimination in the workplace and the laws that have been put in place in Zambia and Malawi to address the issue, in light of International Labour Standards. The study analysed seven Conventions and two Recommendations by highlighting their principle obligations and measures stipulated for giving effect to the obligations. Chapter One introduces the research topic, including the background, rationale, objectives and methodology for the study. Chapter Two looks at the Discrimination (Employment and Occupation) Convention of 1958 (No. Ill), the Discrimination (Employment and Occupation) Recommendation of 1958 (No. 111) and the Vocational Rehabilitation and Employment (Disabled Persons) Convention of 1983 (No. 159). Chapter Three examines the Equal Remuneration Convention of 1951 (No. 100), the Equal Remuneration Recommendation of 1951 (No. 90) and the Equality of Treatment (Accident Compensation) of 1925 (No. 19). Chapter Four explores three Conventions, namely, the Freedom of Association and Protection of the Right to Organise Convention of 1948 (No. 87), the Right to Organise and Collective Bargaining Convention of 1949 (No. 98) and the Migration for Employment Convention (Revised) of 1949 (No. 97). In Chapter Five the study compares how successful the two countries have been in applying the Standards and recommends solutions to the problems identified. The study has found that the prevention of discrimination in the workplace through law is necessary, however, the content and the scope of such laws and their application in both Zambia and Malawi remains a problem. Furthermore, the current laws that are inadequately enforced. Measuring the scope of the problem of discrimination in the workplace is another problem, given the lack of statistical data and the low number of cases on discrimination in the Industrial Relations Courts, which gives a false impression that discrimination does not really exist.In order to address these problems, a number of solutions have been identified which ought to be taken collectively rather than in isolation. Prime among these is reforming legislation to ensure better conformity with the International Labour Standards. These reforms must be supported by national policies to ensure that the fight against discrimination has a wide sphere of influence. Labour enforcement mechanisms also need to be strengthened to identify violations of the labour laws by employers and protect vulnerable workers.
- Law