Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Other comments on C138

Observation

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Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes that the preliminary 2018 Zambia Child Labour Survey Report (ZCLSR), conducted by the Zambia Statistical Agency (ZSA) shows a widespread child labour situation in Zambia – especially in the rural and agricultural sectors. The ZSA estimated that 955,301 children were in child labour, 97.7 per cent of whom were in the 5–11 age group. The study further indicates that 67 per cent of these children were in rural areas (636,366), while the other 33 per cent were in urban areas (318,935). In terms of gender distribution, girls represented 56.9 per cent of the children in child labour. Out of the total estimated number of children in child labour, about 96 per cent (919,520) were in unpaid work (fetching water or firewood, washing, cleaning, etc.). The ZSA further reported that 26,063 children were in hazardous work, and that the agriculture, forestry and fishing sub-sectors that dominate the rural economy account for 58 per cent of children in hazardous work. The other industries with some sizable number of children in hazardous work include construction (11 per cent), other services (10 per cent), households as employers (10 per cent), and manufacturing (8 per cent). The Committee further notes, from the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that the Government has revised the National Action Plan for the Elimination of the Worst Forms of Child Labour 2010–15 (NAP-I) and adopted and is now implementing the NAP 2020–25 (NAP-II). According to the document of the NAP-II, despite important strides, the prevalence of child labour in Zambia remains high in the rural and peri-urban areas due to high levels of poverty, and this situation has been worsened with the advent of the COVID-19 pandemic.

In this regard, as indicated in the document of the NAP-II, and in contrast with the NAP-I, the new NAP adopts a pragmatic approach to progressively eliminate widespread child labour. The NAP II uses practical cost-effective steps to strengthen cooperation and coordination among relevant child rights protection stakeholders and focus on reigniting an integrated policy response to child labour. The Government and other child labour partner institutions will adopt a coordinated multi-stakeholder approach to implement child labour relevant policies, programmes and interventions towards a rights-based strategic framework centered on the following NAP-II priority strategies: (1) strengthening inclusive and equitable human development and scaling-up access to education, health and other poverty-reducing services; (2) strengthening social protection systems; (3) promoting decent work opportunities for adults and youth; (4) strengthening child protection through institutional coordination; (5) strengthening and harmonizing the legislative framework; and (6) improving child labour awareness.

While noting the measures taken by the government, the Committee must express its concern over the significant number of children involved in child labour, including in hazardous work. The Committee requests the Government to provide information on the root causes of the increase in child labour in the country, and encourages the Government to pursue its efforts to ensure the progressive elimination of child labour by children under the minimum age for employment or work, as well as for all children engaged in hazardous work. In this regard, it requests that the Government provide detailed information on the implementation of the NAP II, and on the results achieved. It also requests the Government to continue to supply information on the application of the Convention in practice, particularly updated statistics, disaggregated by age and sector of activity, on the situation of children engaged in child labour in the country.

Article 2(3). Age of completion of compulsory schooling. The Committee notes with regret that, despite the Committee’s raising of this issue since 2011 and the conclusions of the Conference Committee on the Application of Standards in 2017, the Education Act of 2011 has not yet been amended to provide for an age of completion of compulsory schooling of 15 years, in line with Article 2(3) of the Convention. The Committee recalls that, while section 17 of the Education Act of 2011 provides that parents shall enrol their child who has attained the school-going age at an educational institution and ensure the child’s attendance, it neither defines the school-going age nor indicates the age of completion of compulsory schooling.

The Committee observes that, in its report, the Government once again states that progress on the process of revising the Education Act has been stalled, because the revision came at a time when the Ministry of Education began reviewing its National Education Policy. The Government indicates that the revision of the Act will only be finalized after Cabinet approval is granted for the revised National Education Policy. The Committee once again strongly urges the Government to take the necessary measures to ensure that the age of completion of compulsory education for all children is set at 15 years, thereby linking it to the minimum age for admission to employment or work. It once again requests the Government to provide information on any progress made in this regard.

Article 7(3). Determination of light work. Following its previous comments, the Committee observes with regret that the types of light work permitted to children between the ages of 13 and 15, pursuant to sections 80 and/or 137(n) of the Employment Code Act No. 3 of 2019 and to the Statutory Instrument No. 121 of 2013 on the Prohibition of Employment of Young Persons and Children (Hazardous Labour) Order (S.I. No. 121 of 2013), have yet to be determined by statutory instrument. The Committee urges the Government to take the necessary measures to ensure, by statutory regulation, the determination of light work activities permitted to children of 13 to 15 years of age, in application of the Employment Code No. 3 of 2019.

Labour inspection. Following its previous comments, the Committee notes the Government’s information that it has established the Monitoring and Evaluation (M&E) Unit in the Ministry of Labour and Social Security (MoLSS) with the mandate to monitor child labour interventions in the country. Moreover, the Government indicates that it is intensifying labour inspections, including child labour inspections in the informal economy. In this regard, the Committee takes note of the information communicated by the Government in its report under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), according to which it is taking measures to adequately resource the Labour Inspectorate, including by employing 46 new Labour Inspectors, bringing the total number to 176, and by providing funds to support field stations which go towards labour inspections. The Committee further notes that, in the framework of the NAP-II, one of the priority objectives is to ensure the more effective application of legislative frameworks to fight child labour, and that this includes the integration of child labour inspections in routine labour inspections to strengthen child labour detection and regulatory enforcement actions. The Committee requests the Government to continue to take the necessary measures to strengthen the capacities and expand the activities of the labour inspectorate, including in the framework of the NAP-II, to enable it to monitor child labour in all sectors, particularly in the informal economy. It requests the Government to continue to provide specific information on the results achieved by the Labour Inspectorate in this regard, particularly the number of children in child labour it has been able to identify, the number and nature of violations detected, and the penalties imposed. Finally, it requests the Government to provide information on the activities of the M&E Unit of the MoLSS.