Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted that sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act prohibit the use, procuring or offering of a person under 18 years of age for “illicit activities, such as the production and trafficking of illegal drugs”. It also noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child, allow the child to be in any streets, premises or places for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging.

Article 3, clause (d). Hazardous work. The Committee noted that, according to sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, persons under 18 years of age shall not perform work that, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted that, according to the Government’s indication, a list of types of hazardous work is under preparation with the assistance of ILO/IPEC and shall be adopted by the end of 2005. It also noted that, by virtue of section 16 of the Factories Act of 1966, as amended in 1994, persons under the age of 18 years shall not be employed in work processes involving exposure to benzene or products containing benzene. Sections 2 and 8 of the Employment of Young Persons and Children’s Act, prohibit the employment of persons under 18 during the night. It nevertheless observes that, according to section 9 of the same Act, persons over 16 years of age may be employed at night time to perform work which, by reasons of the nature of the process, is required to be carried on continuously day and night. The derogation applies, for instance, to the manufacturing of iron and steel, glasswork, manufacturing of paper or raw sugar, and to gold mining reduction work.

The Committee further observed that, according to section 7(1) of the Act, “no person shall employ a young person under the age of 16 years in an industrial undertaking”. According to sections 3 and 6 of the Act, “industrial undertakings” refer to: (i) mines, quarries and other similar places; (ii) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up, demolished, or in which material are transformed (including shipbuilding, and the generation, transformation and transmission of electricity or motive of power of any kind); (iii) construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, dock, tunnel, bridge, telephonic installation, electrical undertaking, gaswork, waterwork (etc.); (iv) transport of passengers or goods by road, rail or inland waterway, including the handling of goods at docks, quays, wharves and warehouses; and (v) cordwood cutting. The Committee also noted that, by virtue of section 17(B) of the Employment of Young Persons and Children’s Act, “notwithstanding anything in this Act, a young person shall not be employed in any type of employment or work which by its nature or the circumstances in which it is carried out constitutes a worst form of child labour”.

Noting that children aged 16 and over may perform night work, underground work, work in an unhealthy environment or with dangerous machinery, the Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Noting that a list of types of hazardous work is under preparation and is likely to be adopted at the end of 2005, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide a copy of the list of types of hazardous work that, persons under 18, shall not be performed as soon as adopted. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned in drawing up this list.

Article 5. Monitoring mechanisms. 1. Labour inspectors and police officers. The Committee noted that, according to section 73 of the Factories Act, an inspector, who believes that the employment of a young person under 18 years of age in a factory is prejudicial to the young person’s health, may terminate that employment. Section 18 of the Employment of Young Persons and Children’s Act provides that labour inspectors and police officers are entitled to: (i) enter, at any reasonable time, a premise of any industrial undertakings; (ii) examine relevant material; and (iii) exercise such other powers as may be necessary to implement this Act. Noting that Act No. 10 of 2004, which amends the Employment of Young Persons and Children’s Act of 1993, extends its scope of application to commercial, agricultural and domestic worksites, as well as to family undertakings, the Committee asks the Government to indicate if labour inspectors or police officers are entitled to enter such workplaces to ensure compliance with the Act. It also requests the Government to provide information on the activities of labour inspectors and police officers, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It further asks the Government to provide information on the mechanisms designated to monitor the implementation of the penal provisions giving effect to the Convention.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee took note of the Government’s indication that new monitoring mechanisms have been developed following tripartite consultations; their suitability is being tested. It also noted that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 556-558), the Inter-Ministerial Committee on Child Labour and Technical Planning and Monitoring Groups are responsible for implementing the programmes concerning the economic exploitation of children. The Committee accordingly requests the Government to provide information on the concrete measures taken by the abovementioned bodies to monitor the implementation of the programmes on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the ICFTU’s allegations that, in 2001, 85 per cent of the 550,000 child workers were involved in the worst forms of child labour. It also noted that Zambia is participating in a three-year ILO/IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” which was launched in 2002. The programme aims at providing governments, workers’ and employers’ organizations, non-governmental organizations and other partners with the technical skills and organizational capacity to formulate and implement programmes to prevent the existence of the worst forms of child labour, as well as protecting, withdrawing, rehabilitating and reintegrating children who are engaged in the worst forms of child labour. With regard to Zambia, the ILO/IPEC report of 2002 identifies a commendable good practice, which is the sensitization and training of the police to identify children engaged in the worst forms of child labour and refer them to appropriate care giving institutions. The report further indicates that the Zambian Employers’ Federation has become a keen actor in promoting awareness amongst their members about the hazards and illegalities of exploitative child labour.

The Committee noted the Government’s indication that Zambia has not yet designed a national programme of action to eliminate as a priority the worst forms of child labour. However, funds have been secured from the treasury and ILO/IPEC to solicit the views of stakeholders on what should constitute a national programme of action. The Government added that the programme shall be designed by the end of 2005. The Committee observed that consultations concerning this programme are on going. The Committee asks the Government to keep it informed of any progress made in the adoption of the national programme of action.

Article 7, paragraph 1. Penalties. The Committee noted that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to one million penalty units or five to 25 years’ imprisonment or both for breach of the provisions prohibiting the employment of persons under 18 years of age in the worst forms of child labour as defined in the Convention.

The Committee nevertheless noted that concerning the use, procuring or offering of a child under 18 for prostitution, the Employment of Young Persons and Children’s Act and the Penal Code, provide for different penalties. Indeed, sections 3 and 17(B) of the Employment of Young Persons and Children’s Act, provide that whoever uses, procures or offers a person under 18 years of age for prostitution is liable to a fine of 200,000 to one million penalty units or to five to 25 years’ imprisonment or both. Sections 38, 140, 144, 146, 147 and 149 of the Penal Code provide that a person who uses, procures or offers a girl or a woman for prostitution is liable to a maximum of two years’ imprisonment or a fine, or both. The Committee accordingly asks the Government to take the necessary measures to harmonize its legislation with regard to the penalties applicable to girls and boys under 18 years of age who are used, procured or offered for prostitution.

Article 7, paragraph 2. Time-bound measures. The Committee noted the Government’s indication that, although the ILO/IPEC has been assisting various stakeholders, their programmes are not lasting long enough to have a serious impact considering the magnitude of the problem in the country. The Government added that Zambia needs a Time-Bound Programme (TBP) in order to effectively combat the worst forms of child labour. The Committee encourages the Government to collaborate with the ILO/IPEC in order to establish a TBP.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee noted that education is not compulsory in Zambia. However, once a child is enrolled, attendance is compulsory by virtue of sections 5(1) and 6(1) of the School (Compulsory Attendance) Regulations of 1970, as amended in 1994. It also took note of the ICFTU’s indication that 25 per cent of primary aged children do not receive any schooling and that, in 1999, less than 20 per cent of children reached secondary school. The UNICEF “Multiple Indicator Cluster Survey Report” (1999, page 17) indicates that only 62 per cent of children of primary school age were attending primary school in 1999. The Committee further observed that the Committee on the Rights of the Child (CRC/C/15/Add.206, 2 July 2003, paragraph 56), expressed its concern at the absence of free and compulsory education in Zambia, the decreasing budget allocation to education, the high drop-out and repeat rates, the poor quality of education and the lack of trained teachers, schools and relevant learning material. The Committee nevertheless noted the Government’s indication that primary education is now free and the capacity of community schools have been increased. The Government added that teachers will be better trained in order to improve the quality of education. The Committee encourages the Government to pursue its efforts and to make primary education compulsory. It also asks the Government to provide information on the results achieved.

2. Commercial sexual exploitation. The Committee noted the ICFTU’s allegations that child prostitution is prevalent in the country. It also noted that the Committee on the Rights of the Child, in its concluding observation (CRC/C/15/Add.206, 2 July 2003, paragraph 64) expressed its concern at the “large and increasing number of child victims of commercial sexual exploitation, including for prostitution and pornography, especially among girls, child orphans and other disadvantaged children” and at the “insufficient programmes for the physical and psychological recovery and social reintegration of child victims of sexual exploitation”. The Committee nevertheless noted that Zambia participated in the ILO Programme entitled “Combating child sexual exploitation in Four Anglophone African countries: Kenya, Tanzania, Uganda and Zambia” (2001 02). The country is also participating in a one-year ILO/IPEC action programme (2004-05) to combat child trafficking and the commercial sexual exploitation of children in Kapiri Mposhi, Chirundu, Lusaka and Livingstone. The Programme’s objectives are: (i) to raise awareness on the commercial sexual exploitation of children in Zambia; (ii) to establish, train and strengthen community volunteer teams to quickly respond to cases of commercial sexual exploitation of children; (iii) strengthening the capacities of community social workers, the police victim support unit officers, the judiciary, immigration officers to effectively implement the activities; and (iv) to conduct direct actions to withdraw, rehabilitate and reintegrate child victims of commercial sexual exploitation. The Committee asks the Government to provide information on the impact of the ILO/IPEC action programme (2004–05) on eliminating child sexual exploitation in Zambia, and on the adoption of any new time-bound and effective measures to combat the commercial sexual exploitation of children under 18.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee noted that, according to the ILO/IPEC report concerning the national programme on the elimination of child labour in Zambia of June 2004, an ILO/IPEC programme which ended in October 2003 resulted in the withdrawal of 1,646 children who were found working in the worst forms of child labour on the streets, in domestic work, in prostitution and in quarries and mines. These children were provided with rehabilitation measures and educational opportunities and their parents with income-generating opportunities. Another ILO/IPEC sectoral programme, which ended in 2004, contributed to the withdrawal and rehabilitation of 1,200 children who previously performed hazardous work in commercial agriculture.

Concerning child domestic workers, the Committee noted that a two-year ILO/IPEC programme entitled “Combating the exploitation of child domestic workers” was launched in 2002 to protect children from exploitative domestic labour, withdraw and rehabilitate those working under exploitative conditions. The programme resulted in the withdrawal of 290 girls and 220 boys from exploitative domestic work most of them received education. Zambia is also participating in a two-year ILO/IPEC programme entitled “preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa”, which was launched in May 2004. The programme aims at sensitizing education policy-makers, educators and school administrators, teachers, local artisans, local communities, the media and employers’ and workers’ organizations about child domestic labour and the importance of quality education as a means to prevent and eradicate it. The programme’s objectives for Zambia and Uganda are: (i) to withdraw 400 girls and 150 boys under 18 from exploitative domestic work and assist their parents through income-generation training; and (ii) to continue to support 2,100 girls and 790 boys who were withdrawn from exploitative work and placed in school. The Committee asks the Government to provide information on the impact of the ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa” on withdrawing children from the worst forms of child labour and ensuring their rehabilitation.

Clause (e). Special situation of girls. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 354-355) that the National policy on education gives high priority to the education of girls. The Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE) which aims at increasing enrolment, progression and quality of education by sensitizing the community and parents, creating single-sex classes for girls and improving teaching methodology. The Committee requests the Government to provide information on the results achieved.

Article 8. Poverty eradication programme. The Committee noted that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, page 12, paragraph 8), 85 per cent of the population live on less than US$1 per day. It also noted that Zambia qualified, in 2000, for the Heavily Indebted Poor Countries Initiative run by the IMF and the World Bank, which is a comprehensive approach to debt reduction for heavily indebted poor countries pursuing IMF and World Bank-supported adjustment and reform programmes. The Government had also adopted a Poverty Reduction Strategy Paper (PRSP), which focuses on poverty and HIV/AIDS reduction strategies, employment creation, agriculture promotion, tourism, education for all, and health care. It further noted the Government’s indication that the issue of child labour is addressed in the PRSP. The Committee accordingly asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee noted the Government’s indication that no decision of courts of law are available concerning the application of the legal provisions giving effect to the Convention. It asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.