Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Zambia

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Zambia’s overall score is 66.5 out of 100. The overall score for Zambia is greater than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Zambia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1996 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1996.

Labour Rights Index 2024

66.5/100

LRI Country Score

25/100

Freedom of Association Indicator

23.92 %

Trade union density rate (%)

27.6 %

Collective bargaining coverage rate (%)

2.21

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§9(2 &8c) of the Industrial and Labour Relation Act, 1993

A

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§65-74 and 79-83, Industrial and Labour Relation Act 1993

Does the law provide for the right to strike?

No

0

§78 & 107 of the Industrial and Labour Relation Act 1993 ; CEACR, C87, Obs. 2018; CEACR, C87, Obs. 2023

A,B

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§5, 85(8), 101 & 107 (9) of the Industrial and Labour Relation Act, 1993

A

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §9(2 &8c) of the Industrial and Labour Relation Act, 1993

A : National Law

National Labour Legislation

"9. Application for registration of trade union (1) Subject to subsection (3), a body shall not be registered as a trade union with the Commissioner unless it has a membership of not less than one hundred persons. (2) An application to register as a trade union shall be in the prescribed form signed by one hundred supporters and shall be accompanied by a copy of the constitution of the proposed trade union. (8) No body registering as a trade union shall be registered— (a) under a name identical to or by which any other trade union has been registered or so nearly resembles such name as to be likely to deceive its own members or members of the public; (b) if it does not comply with the conditions of registration which the Minister may by statutory instrument prescribe; or (c) if it purports to represent a class or classes of employees already represented by an existing trade union or are eligible for membership of an existing trade union unless the union intended to be registered represents a specific trade or profession or category or eligible employees who are qualified to form a trade union."

Information

Source: §65-74 and 79-83, Industrial and Labour Relation Act 1993

Information

Source: §78 & 107 of the Industrial and Labour Relation Act 1993 ; CEACR, C87, Obs. 2018; CEACR, C87, Obs. 2023

A : National Law

National Labour Legislation

"Art 107 (3) No employer or other person shall take part in a lockout and no employee, trade union or other person shall take part in a strike which is likely to hinder or interfere with the carrying on of any essential service. (4) No person engaged in an essential service shall be eligible for payment of his salary if such person goes on strike or go-slow. (5) Any person who incites or encourages a person engaged or employed in an essential service to do any act, or omit to do any act, the doing or the omission of which is likely to hinder or interfere with the carrying on of an essential service, shall be guilty of an offence. (10) For the purpose of this section, "essential service" means— (a)any service relating to the generation, supply or distribution of electricity; (b)any hospital or medical service; (c)any service relating to the supply and distribution of water; (d)any sewerage service; (e)any fire brigade; or (f)any service for the maintenance of safe and sound conditions in a mine of— (i)underground working and drainage; (ii)shafts and shaft installations; or (iii)machinery and plant. "

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Articles 2 and 3 of the Convention. Revision of the Industrial and Labour Relations Act. In its previous comment, the Committee had urged the Government to take all necessary measures to amend sections 2(e), 5 (b), 7(3), 9(3), 18(1)(b), 21(5) and (6), 43(1)(a), 78(4), and 107 of the Industrial and Labour Relations Act (ILRA) which pertain to the right of workers, without distinction whatsoever, to establish and join organizations, the right of organizations of workers and employers to elect their representatives, and the right of workers’ organizations to freely organize their activities and to formulate their programmes. The Committee notes the Government’s stated commitment to adhere to ratified Conventions and its indication that the ILRA will be undergoing review and that the concerns raised by the Committee will be tabled for debate during consultative meetings. The Committee firmly expects that the ILRA will be amended in the very near future, in consultation with the social partners, so as to bring it into full conformity with the Convention. The Committee requests the Government to provide information on all developments in this regard, and to provide a copy of the amended legislation."

Information

Source: §5, 85(8), 101 & 107 (9) of the Industrial and Labour Relation Act, 1993

A : National Law

National Labour Legislation

"Art 101 (2)No employee, trade union or other person shall take part in a strike which— (a)has not been authorised by a strike ballot taken in the manner provided by the constitution of a trade union under this Act; or (b)is not in contemplation or furtherance of a collective dispute to which the employee or trade union is a party. (4)Any employee, trade union or other person who does any act or incites any person to do any act in contravention of subsection (2), shall be guilty of an offence and shall be liable upon conviction— (a)in the case of the trade union, to a fine not exceeding one thousand penalty units; or (b)in the case of an employee or other person, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union for such period as the Court may determine. Art 107 (9) Any employee, trade union or other person who contravenes subsection (3) shall be guilty of an offence and shall be liable, upon conviction— (a)in the case of the trade union, to a fine not exceeding one thousand penalty units; or (b)in the case of the employee or other person, to a fine not exceeding two hundred penalty units. subsection 3 is mentioned in above cell"