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ILO Standards & Zambia's Legal System

The document discusses the role of the International Labour Organization (ILO) in establishing global labor standards and conventions regarding unjust dismissal. It notes that while the ILO provides an important framework, Zambia follows a dualist legal system where international agreements must be domesticated through local legislation to be enforceable. The Supreme Court of Zambia reinforced this in a 2001 case, ruling that an ILO convention on termination was not applicable until domesticated. However, judges have been influenced by ILO standards even without ratification due to the principle of progressive realization. Ultimately, the ILO plays a key role globally but its conventions require domestication to apply within Zambia's legal system.

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64 views4 pages

ILO Standards & Zambia's Legal System

The document discusses the role of the International Labour Organization (ILO) in establishing global labor standards and conventions regarding unjust dismissal. It notes that while the ILO provides an important framework, Zambia follows a dualist legal system where international agreements must be domesticated through local legislation to be enforceable. The Supreme Court of Zambia reinforced this in a 2001 case, ruling that an ILO convention on termination was not applicable until domesticated. However, judges have been influenced by ILO standards even without ratification due to the principle of progressive realization. Ultimately, the ILO plays a key role globally but its conventions require domestication to apply within Zambia's legal system.

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jamesbondzambia899
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© © All Rights Reserved
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Copperbelt University

School Of Law

Chishimba Greeson Lungu

LS220 /Employment and Labour Law

[Chisanga Mutale]

12th December 2023

Assignment 4

The International Labour Organization (ILO) is a key player in establishing

international labour standards. The ILO has developed numerous conventions and

recommendations that address the rights of workers and employers. One of the

fundamental principles enshrined in these standards is the protection against


unjustified dismissal. According to the ILO, termination of employment should not be

arbitrary, and there should be valid reasons related to the capacity or conduct of the

worker or based on the operational requirements of the enterprise(ILO,2023).

Zambia follows a dualistic legal system, meaning that international agreements

ratified or acceded to are not automatically applicable at the domestic level and

require enabling legislation to become enforceable. The integration of international

instruments into Zambian law involves either creating regulations under existing

legislation or enacting new laws. For an international treaty to be legally binding in

Zambia, it must undergo a process called domestication, involving the passage of a

local law in Parliament that incorporates part or all of the treaty. Until this

domestication occurs, the treaty does not hold legal sway in Zambia. This legal

principle was established by the Supreme Court of Zambia in the case of Zambia

Sugar PLC v Fellow Nanzaluka (SCZ Appeal No. 82/2001). The court ruled that ILO

Convention No. 158 of 1982, which prohibits an employer from terminating an

employment contract without valid reasons, was not enforceable in Zambia until it

underwent the domestication process. In this case, the respondent, employed by the

appellant in 1992, was dismissed without notice in 1996 but received three months'

salary in lieu of notice. The High Court initially held that the dismissal complied with

service conditions but breached an ILO Convention. The subsequent appeal to the

Supreme Court reinforced the requirement for international treaties to be

domesticated before applying to Zambia.

Despite the aforementioned points, it is important to acknowledge that, following the

principle of progressive realisation, judges in Zambia have been influenced by the

International Labour Organization's International Labour Standards on Conventions

and Recommendations even prior to the 1996 ratification of C087. This is


noteworthy, considering that Zambia operates as a dualist state where the ratification

of International Labour Standards does not automatically translate into

domestication.

In conclusion, the role of the International Labour Organization (ILO) in shaping

global labour standards cannot be overstated, with its conventions and

recommendations providing a framework to safeguard the rights of workers and

employers. However, in the context of Zambia's dualistic legal system, the automatic

application of international agreements at the domestic level is not recognized.

Instead, these agreements require domestication through enabling legislation to

become enforceable.

References

International labour Organisation(2023), International Labour Standards on

Employment security
Retrieved from [Link]

international-labour-standards/employment-security/lang--en/[Link]#:~:text=The

%20instrument%20sets%20forth%20the,the%20undertaking%2C%20establishment

%20or%20service.

Cases

Zambia Sugar PLC v Fellow Nanzaluka (SCZ Appeal No. 82/2001).

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