Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted that section 11 of the Sexual Offences Act No. 8 of 2001 prohibits procuring any person to leave Zimbabwe for purposes of sexual exploitation. It had also noted the Government’s statement that the sale and trafficking of children is considered an offence and that the Children’s Protection and Adoption Act (Children’s Act) would be amended in order to deal explicitly with the sale and trafficking of children.

The Committee notes that, according to the project document entitled “Elimination of the Worst Forms of Child Labour in Zimbabwe, phase 1” (WFCL project report), supplied by the Government, it is reported that Zimbabwe could be a source, transit and destination country for forced labour and sexual exploitation. It is believed that Zimbabwean children may be trafficked internally for forced agricultural labour, domestic servitude and sexual exploitation. Trafficked women and girls are lured out of the country to other countries, in Africa, America, Asia and Europe with false job or scholarship promises resulting in domestic servitude or commercial sexual exploitation. Trafficking and the commercial sexual exploitation of women and children have resulted in very adverse physical, psychological, and moral consequences for the victims. Poverty and deprivation, secondary status accorded to women in society, prejudice against the girl child, changing public attitudes towards sex and morality, urbanization and migration, have contributed to the phenomenon of trafficking.

The Committee expresses its concern at this situation. It observes that the existing legislation (Sexual Offences Act and the Children’s Act, as amended) only covers some aspects of trafficking for purposes of sexual exploitation, but does not expressly prohibit the sale and trafficking of children under 18 years, including for purposes of labour exploitation. The Committee also draws the attention of the Government to Article 1 which requires member States that have ratified the Convention to take “immediate” measures to prohibit the worst forms of child labour “as a matter of urgency”. The Committee requests the Government to take the necessary measures, as a matter of urgency, to prohibit the sale and trafficking of children under 18 years of age for purposes of sexual and labour exploitation. It requests the Government to provide information on any developments in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that neither the Children’s Act nor the Sexual Offences Act contain any provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. It had noted the Government’s information that an appropriate amendment to the Sexual Offences Act and the Children’s Act would seriously be considered in order to explicitly include child pornography. The Committee notes that section 8 of the Children’s Act states that any person who causes or conduces to the commission by a child (under 16 years) or young person (between 16 and 18 years) of “immoral acts” shall be guilty of an offence. It also notes that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. The Committee requests the Government to indicate the meaning of the term “immoral acts”.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that section 13 of the Children’s Act punishes anyone who encourages, trains or knowingly provides a child or young person with facilities to commit an offence. The Committee requests the Government to indicate whether the use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs is prohibited under section 13 of the Children’s Act.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s information that the revision of the list of types of hazardous work is being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project). In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on any further developments concerning the revision of the list of the types of hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that, according to the WFCL Project report, supplied by the Government, the WFCL Project has been launched by the Government of Zimbabwe in cooperation with ILO–IPEC, UNDP, UNESCO and IOM. The proposed project has the objective of assisting the Government and stakeholders: (a) to identify the worst forms of child labour existing in Zimbabwe; (b) to design a Time-bound Programme (TBP) to eliminate the identified worst forms of child labour (phase I); (c) to implement the TBP (phase II). The Government will implement the WFCL Project through the Ministry of Public Service, Labour and Social Welfare, in partnership with ILO–IPEC, UNDP, UNESCO and IOM as well as with employers’ and workers’ organizations, local authorities and NGOs. An overall Memorandum of Understanding (MOU) will be signed between the ILO and the Government of Zimbabwe specifying the respective roles of all parties. Moreover, a national steering committee, consisting of the representatives of the Ministry of Public Service, Labour and Social Welfare, and other relevant Ministries, as well as employers’ and workers’ representatives, will be set up to guide and oversee the work of the WFCL Project. The Committee requests the Government to provide information on the implementation of the WFCL Project, and results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee had previously noted that access to free education at the primary level has always been guaranteed in Zimbabwe. It had also noted that in 2001 the Government embarked upon the Basic Education Assistance Module (BEAM). The BEAM had significantly reduced the number of school drop-outs and was then extended to secondary schools. The Committee notes the Government’s information that the BEAM is still in place and through it children, who could otherwise be out of school on account of financial incapacity, are receiving assistance. The Government adds that it will provide statistics of the results under the BEAM. The Committee, however, notes the information contained in the WFCL Project report that Zimbabwe, while making significant progress towards the achievement of universal primary education in the 1990s, is now facing a decline in its net enrolment and completion rate of primary education, due to the current socio-economic challenges. The resources allocated to education by the Government are in most cases inadequate and, as a result, the number of school drop-outs has been constantly increasing in recent years, affecting girls disproportionately. Moreover, according to the 2004 labour force survey mentioned in the WFCL Project report, out of the 3 million children aged 5–17 years, 8.2 per cent never attended school, while 10.6 per cent left school. The Committee notes that achieving universal primary education is one of the Millennium Development Goals of Zimbabwe. It also notes that the WFCL Project focuses on education as a means of combating the worst forms of child labour. In the framework of the WFCL Project’s implementation, the Committee requests the Government to strengthen its efforts to reduce child drop-outs and keep children at school in order to prevent their engagement in the worst forms of child labour. It also requests the Government to provide updated statistical information on the primary education enrolment rates and the drop-out rates. It finally requests the Government to provide statistical data on the number of children who received free basic education under the BEAM.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee had previously noted that the Ruwa Rehabilitation Centre provides vocational training for children removed from the worst forms of child labour. It notes the Government’s information that the Ruwa Rehabilitation Centre continues to cater for the needs of children under difficult circumstances. The Government adds that it will in due course make available statistics regarding the results achieved by the Centre. The Committee requests the Government to provide statistical information on the number of children removed from the worst forms of child labour and rehabilitated through the Ruwa Rehabilitation Centre, as soon as it becomes available.

Clause (d). Identify and reach out to children at special risk. 1. Child victims/orphans of HIV/AIDS. The Committee had previously noted that in Zimbabwe, which is one of the countries worst affected by AIDS, many children were being orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. It had also noted that orphans and other vulnerable children, including those affected by HIV/AIDS, were taken care of in government-owned children’s homes as well as those privately owned by the church and other organizations.

The Committee notes the ZCTU’s allegation that the HIV/AIDS pandemic has contributed to the phenomenon of child labour, as the number of child-headed families keeps on increasing. It notes the Government’s information that in 2004 it implemented the Orphans and other Vulnerable Children National Plan of Action (OVC NPA), which seeks to ensure that orphans and other vulnerable children have access to education, food, health services, and that they are protected from abuse and exploitation. The Committee requests the Government to provide information on the impact of the OVC NPA, on protecting child victims or orphans of HIV/AIDS from the worst forms of child labour. It also requests the Government to provide information on any other measures taken or envisaged in order to protect child victims or orphans of HIV/AIDS from the worst forms of child labour.     

2. Street children. Following its previous comments, the Committee notes that, according to the WFCL Project report, a relatively new phenomenon is appearing in Harare, and probably elsewhere, which is that of street children. According to official estimates, in Harare they number around 5,000, the majority being boys from 14 to 18 years old. They are generally seen as “vagrants”, “truants”, “illegal vendors” by both the authorities and the public. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the impact of this Project on ensuring that children under 18 years working on the streets are protected from the worst forms of child labour.

Article 8. International cooperation. Following its previous comments, the Committee notes that the Government supplied a copy of the South African Development Community (SADC) Code on Child Labour. This Code provides guidelines for the member States on the issue of child labour.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that, according to the WFCL Project report, the 2004 labour force survey showed that in Zimbabwe there were about 3 million children between 5 and 17 years of age, out of whom 46 per cent were involved in economic activities. The Committee notes that, according to the WFCL Project report, the first phase of the project will consist in the identification of the worst forms of child labour in Zimbabwe and ascertaining their nature and extent. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the nature, extent and trends of the worst 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 penalties imposed, as soon as this information becomes available.