Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 and Part V of the Convention. Worst forms of child labour and application in practice. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted the allegations of the International Trade Union Confederation (ITUC), according to which there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution and that combatants from neighbouring Angola kidnapped Zambian children to perform forced labour in Angola.

It had also observed that according to the ILO–IPEC study conducted in 2002, there were reports of internal child trafficking, especially in the central province, for the purpose of employing them in farms. The Committee had further noted that sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004, prohibit the sale and trafficking of children and young persons under 18 years of age. It had also noted the prohibition on trafficking of persons for sexual exploitation for slavery under sections 257 and 261 of the Penal Code, respectively.

The Committee notes that the Penal Code of Zambia was amended in 2005 to include explicit prohibitions against human trafficking. According to section 143 of the Penal Code (Amendment) of 2005, any person who sells or traffics in a child or other person for any purpose, or in any form, commits an offence and is liable, upon conviction, to imprisonment for a term of not less than 20 years.

It notes the Government’s information that, so far, three prosecutions under section 143 of the Penal Code (related to child trafficking) have been reported. The Committee notes with interest that the Government adopted an Anti-Human Trafficking Act No. 11 of 2008. According to sections 3(2) and (4) of the Act, any person who traffics a child (defined as a person under 18 years of age) for the purpose of engaging them in the worst forms of child labour shall be liable to imprisonment for 25–35 years. The Committee notes, however, that according to a study conducted by ILO–IPEC on the nature and extent of trafficking in Zambia (Working Paper on the Nature and Extent of Child Trafficking in Zambia, 2007) trafficking of children exists in Zambia, predominantly internal trafficking, for domestic labour, farm work and commercial sexual exploitation. The Committee notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee therefore requests the Government to redouble its efforts to take the necessary measures to eliminate trafficking of children for labour and sexual exploitation. It also requests the Government to take the necessary measures to ensure that persons who traffic in children are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee finally requests the Government to provide information on the progress made towards the adoption of the new Anti-Trafficking Bill and to provide a copy as soon as it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that 11 District Child Labour Committees and Community Child Labour Committees have been established with the mandate to monitor the implementation of programmes to sensitize the public on child labour and its worst forms as well as programmes to withdraw, rehabilitate and reintegrate identified children. The Committee also notes the Government’s information that the labour inspectors, with the support of other Government security forces, carry out child trafficking inspections within its jurisdiction. So far, six labour officers have been trained in the prosecution of child trafficking cases.

The Committee further notes the information provided by the Government representative of Zambia to the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138). The Government representative stated that active investigation of child trafficking was strengthened, and that an Inter-Ministerial Committee on Human Trafficking has been established in order to provide specialized intervention on human trafficking through its relevant law enforcement agencies. The Committee requests the Government to provide information on the number of investigations carried out and the prosecutions undertaken by the labour officers and the police and the findings with regard to the trafficking of children. The Committee also requests the Government to provide information on the number of children withdrawn from trafficking and rehabilitated pursuant to the implementation of the programmes monitored by the District Child Labour Committees. It finally requests the Government to provide information on the activities of the Inter-Ministerial Committee on Human Trafficking to prevent and combat the trafficking of children under 18, and the results achieved.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee had noted the ITUC’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It had also noted that since the number of Zambians dying of HIV/AIDS had increased, the number of orphans had also increased and that nearly all of these children were working, particularly in hazardous work.

The Committee notes the Government’s report that it has developed a National HIV/AIDS policy which addresses the issues of orphans as well as HIV-positive children. It also notes that the Government has launched a National Decent Work Country Programme in December 2007, which has outlined HIV/AIDS prevention and elimination of child labour among its priorities. It further notes the Government’s statement that, as of March 2008, there has been an increase in the number of children prevented and withdrawn from HIV/AIDS- induced child labour through educational support, recreational and psychological support, and through income generation activities for the families affected by HIV/AIDS. Many children who were integrated into formal and informal schools continued their education after receiving school requirements, and those who completed vocational skills training were provided with employment. The Committee finally notes the Government’s statement that the Employment Act Cap 268 of the Laws of Zambia, which is currently being reviewed, will include provisions dealing with HIV/AIDS.

The Committee notes that, according to the ILO–IPEC Progress Report, 2008, of the project entitled “Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa (September 2004 – December 2007)”, in Zambia a total of 1,124 children were withdrawn from exploitative child labour and 1,149 children prevented from being engaged in exploitative child labour, through educational and social protection services. Moreover, the project supported the Government’s efforts to mainstream HIV/AIDS issues in its national child labour policies and programmes. The Committee notes, however, that according to the information contained in the “Report on the global AIDS epidemic” published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in July 2008, over 600,000 children aged below 17 years are HIV/AIDS orphans in Zambia. While noting the measures taken by the Government, the Committee observes with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the results achieved. It further requests the Government to provide information on the implementation of the National HIV/AIDS policy and the National Decent Work Country Programme and on the results achieved in terms of the elimination of HIV/AIDS-induced child labour.

Article 8. International cooperation. The Committee had previously noted that Zambia is a member of Interpol, which assists cooperation between countries in the different regions, in the fight against trafficking of children. The Committee had asked the Government to provide information on the measures taken or envisaged to cooperate with countries to which Zambian children are trafficked. The Committee notes the Government’s information that the police service has created a human trafficking desk as a way of cooperating with other countries in order to combat human trafficking. The Committee requests the Government to provide information on the role of the human trafficking desk created by the police service in combating cross-border trafficking in children, and on the results achieved.

The Committee is also addressing a direct request to the Government concerning certain other points.