Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Other comments on C138

Observation

Direct Request

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Article 7(3) of the Convention. Determination of light work. The Committee previously noted that section 4A(5) of the Employment of Young Persons and Children (Amendment) Act of 2004 (EYPC Act of 2004) empowers the Minister to determine light work activities. It noted the Government’s indication that once the statutory instrument on hazardous work has been adopted, it would determine light work activities.

The Committee notes with interest that the Statutory Instrument (S.I.) 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 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; (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. The S.I. under section 2 further states that light work shall not exceed three hours per day. The Committee notes, 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 undertake work which is reportedly not light work and that interferes with their education (CRC/C/ZMB/CO/2-4, paragraph 57). The Committee 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 that the Government indicate whether the Minister has determined light work activities pursuant to section 4A(5) of the EYPC Act of 2004 as required under Article 7(3) of the Convention.