Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Zambia (Ratification: 1976)

Other comments on C138

Observation

Direct Request

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017).

The Committee notes the detailed discussion which took place at the 106th Session of the Conference Committee on the Application of Standards in June 2017, concerning the application by Zambia of the Convention.

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the Education Act of 2011 neither defined the school-going age nor indicated the age of completion of compulsory schooling. It also noted that according to section 34 of the Education Act of 2011, the Minister may, by statutory instrument, make regulations to provide for the basic school-going age and age for compulsory attendance at educational institutions.

The Committee notes the Government representative’s indication to the Conference Committee that consultations were ongoing to revise the Education Act of 2011 which would define the basic school-going age and link it with the minimum age for employment in Zambia. It noted that the Conference Committee recommended the Government to take the necessary measures to ensure that the amended Education Act sets the age of completion of compulsory education at 15 years of age, and is effectively implemented in practice, without delay.

The Committee notes the Government’s statement in its report that the official entry age for grade 1 in Zambia is 7 years and by the time of completion of grade 7, children are 14 or 15 years old. The Government further states that education is not compulsory, but once a child is enrolled in a school, it is the duty of every parent or guardian to ensure the child’s regular attendance according to section 6(1) of the School (Compulsory Attendance) Regulations Statutory Instrument (SI) No. 118 of 1970. The Committee notes the Government’s information that there has been a significant progress in the area of education during the last decade, following the implementation of various measures taken to improve access to basic education; such as the National policy on Education, Educating Our Future, 1996 which aims to provide every child access to nine years basic education by 2015; the Basic Education Sub-sector Investment Programme (BESSIP) 1999; the Technical Education and Vocational Entrepreneurship Training Plan (TEVET), 1996; the Education Sector Plan (2002–2007); the sixth National Development Plan (2011-15); the Education For All 2015; and the Free Basic Education Policy 2002. However, the Committee notes the Government’s statement that despite 15 years of concerted action, access remains a huge challenge for children in Zambia. The Committee further notes the Government’s information that the Ministry of Education is still in the process of reviewing the Education Act which has been delayed due to some technical challenges. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly urges the Government to take the necessary steps to ensure free and compulsory education for all children up to the minimum age of 15 years for admission to employment or work, including by legally setting 15 years as the age of completion of compulsory education during the revision of the Education Act. It also requests that the Government take the necessary measures to ensure the effective implementation of the Education Act, following its adoption.

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that the SI No. 121 of 2013 defines “light work” (which is permitted to children aged between 13 and 15 years as per section 4A(2) of the Employment of Young Persons and Children (Amendment) (EYPC Act of 2004) as work which is not likely: (a) to be harmful to the health or development of a child or young person; and (b) to prejudice the attendance at school, participation on vocational orientation, or a training programme approved by the competent authority, of a child or young person. It also noted that section 2 of the SI restricts the performance of light work activities to less than three hours per day. The Committee noted, however, that the Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that children aged 13 to 15 years undertook work which is reportedly not light work and that it interfered with their education (CRC/C/ZMB/CO/2-4, para. 57). The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again requests that the Government take the necessary measures to ensure that children of 13 to 15 years of age do not participate in work other than light work which does not interfere with their education. In this regard, the Committee requests the Government to indicate whether the light work activities have been determined pursuant to section 4A(2) of the EYPC Act of 2004 as required under Article 7(3) of the Convention.

Labour inspectorate and application of the Convention in practice. The Committee previously noted that the inspections carried out by the labour inspectors identified the existence of hazardous child labour in small-scale mining, agriculture, domestic work, and trading sectors, generally in the informal economy. It also noted the Government’s information that a number of provinces had active programmes against child labour, including the activities by the District Child Labour Committees (DCLCs) to end child labour in tobacco growing communities by focusing on education as well as the results achieved following the implementation of the Achieving Reduction of Child Labour in Support of Education (ARISE) project. The Committee further noted that according to the findings of the Child Labour Report of 2012, an estimated 1,215,301 children were in child labour, registering an increase from 825,246 children in 2005.

The Committee notes that the Conference Committee recommended the Government to: strengthen its efforts to ensure the elimination of child labour both in the formal and informal sectors of the economy, including under hazardous conditions; and strengthen the capacity of the DCLCs and the labour inspectorate, in particular, in relation to small-scale mining, agriculture, domestic work and the informal economy.

The Committee notes the Government’s information that there are twenty four registered DCLCs spread across the country which aims to monitor the implementation of child labour programmes at the district and community levels. In this regard, the Committee notes from the Government’s report that: (i) the Chipata DCLC in the Eastern province provided training to 25 members including, the police, judiciary and other law enforcement officials, representatives from the Ministry of General Education, local government and other non-governmental organizations on identification of child labour and monitoring systems, mainly in the agricultural sector, occupational safety and health and child rights; and (ii) the Shiwangandu DCLC in the Muchinga province provided sensitization and awareness raising programmes at five local schools, which recorded absenteeism of pupils up to 60 per cent. The Committee also notes the Government’s information that the ARISE programme which is currently functional in the eastern and western provinces, is supporting 41 schools in 17 communities in the Western provinces of Kaoma and Nkeyema. In this regard, the Committee notes from the ARISE Annual Review of 2017 that about 4,167 children were withdrawn from child labour and placed in schools; 8,166 community members and teachers were educated on child labour; 1,961 households were provided with improved livelihoods; and 797 Community Child Labour Committee (CCLC) members were trained in child labour monitoring, data collection and work plan formulation.

The Committee further notes the Government’s information that the Ministry of Labour and Social Security (MLSS) serves as chair of the National Steering Committee on Child Labour which monitors and develops policies on child labor. The MLSS also provides technical expertise and coordinates all activities and programmes to eliminate child labour, including the activities of the DCLCs. Moreover, the Committee notes from the Government’s report that more labour officers have been recruited to boost the inspectorate to enhance enforcement of child labour laws and new vehicles have been procured to enable the inspectors to carry out the inspections. The Government further indicates its intention to establish more DCLCs in other districts that are economically active in order to combat child labour and its worst forms. The Committee, however, notes the Government’s statement that the MLSS conducts labour inspections in registered private institutions only and does not cover informal sectors where child labour is more prevalent. Moreover, the Committee notes the Government’s information that of the 24 DCLCs, only those sponsored under the ARISE programme are currently active due to lack of financial resources. While noting the measures taken by the Government, the Committee strongly encourages the Government to continue its efforts to ensure that children under the age of 15 years are not engaged in child labour in Zambia. In this regard, the Committee requests that the Government take the necessary measures to strengthen and expand the activities of the District Child Labour Committees to all the provinces as well as to strengthen the capacities of the labour inspectorate to enable it to monitor child labour in all sectors, including the informal economy. It requests the Government to continue to provide specific information on the measures taken in this regard, as well as on the results achieved. The Committee also requests the Government to provide updated statistical data on the employment of children and young persons, together with extracts from labour inspection reports.

The Committee is raising other matters in a request addressed directly to the Government.