Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the Government’s first and second reports. It also notes the entry into force in March 2003 of the Labour Act, 2002, as well as the amendments made to the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, in 1999.

Article 2 of the Convention. 1. Scope of application. The Committee notes that, by virtue of section 3, the Labour Act, 2002, applies to all employers and all employees. The terms employee and employer are defined respectively in section 2 of the Labour Act, as "any person employed by or working for any employer, and receiving or entitled to receive any remuneration in respect of such employment or work" and "any person whatsoever who employs or provides work for another person and remunerates or expressly or tacitly undertakes to remunerate him […]". The Committee also notes that section 5 of the Labour Relations Regulations, 1997, provides for conditions of the contracts of employment for a child or young person. It observes that, according to those sections, the Labour Act, 2002, and the Labour Relations Regulations, 1997, apply only to a labour relationship or contract of employment. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. It would be grateful if the Government would provide information on the manner in which children who are not bound by a labour relationship or contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention.

2. Age of completion of compulsory schooling. The Committee notes the information provided by the Government in its 2002 report according to which there is free primary education in Zimbabwe. The Committee requests the Government to provide information on the age of completion of compulsory schooling and to communicate a copy of the national legislation relating to education.

3. Specification of a minimum age. The Committee notes that the minimum age for admission to employment or work of 14 years was specified by Zimbabwe at the time of ratification. It requests the Government to indicate whether workers’ and employers’ organizations were previously consulted for initially specifying a minimum age of 14 years, as required by Article 2, paragraph 4, of the Convention. The Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

The Committee notes with interest that, under section 3(2) of the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, as amended in 1999, no person shall employ a child under the age of 15 years and that under section 11(1)(b) of the Labour Act, 2002, no employer shall employ any person in any occupation otherwise than as an apprentice who is under the age of 15 years. The Committee observes that the minimum age for admission to employment or work of 14 years that was specified by Zimbabwe at the time of ratification is lower than the minimum age provided for by the national legislation. It draws the Government's attention to the possibility under Article 2, paragraph 2, of the Convention of notifying the Director-General of the International Labour Office, by a further declaration, that the Government has now specified a higher minimum age than that previously specified.

Article 3. Authorization to work as from the age of 16 years. The Committee notes with interest that, under section 3(1) of the Labour Relations Regulations, 1997, no person shall employ a child (any person under the age of 16 years) or young person (any person between 16 and 18 years of age) in any of the types of hazardous work set out in a schedule annexed to the Regulations. It also notes that according to the Government’s report, consultation between the Government and the organizations of workers and employers concerned took place during the formulation of the Regulations. The Committee notes that under section 3(5) of the Labour Relations Regulations, a young person who has attained the age of 16 years but has not attained the age of 18 years may be employed in an activity in which he/she receives adequate specific instruction or vocational training in that activity. It recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate whether section 3(5) of the Labour Relations Regulations allows the exceptional employment of young persons in hazardous work as defined in section 3(1) of the Regulations and its Schedule. In that case, the Committee asks the Government to indicate the measures taken or envisaged to ensure that the health, safety and morals of the young persons concerned are fully protected, as required by Article 3, paragraph 3, of the Convention.

Article 6. 1. Vocational training. The Committee notes that the Government’s report refers to section 3(4)(a) of the Labour Relations Regulations, 1997, according to which a child who is 13 years of age or more may perform light work where such work is an integral part of a course of education or training for which the school or training institution is primarily responsible. The Committee requests the Government to provide information about the vocational and technical education system in Zimbabwe, types of institutions, enrolment figures, curricula, etc. It also requests the Government to provide information on the consultations held in this respect with the organizations of employers and workers concerned.

2. Apprenticeship. The Committee notes that section 11(1)(a) and (3)(b) of the Labour Act, 2002, permits the employment of apprentices from the age of 13. It reminds the Government that under Article 6 of the Convention, only persons from the age of 14 years may perform work in the context of apprenticeships in undertakings. The Committee requests the Government to indicate measures taken or envisaged to ensure that a minimum age of 14 applies to apprenticeships in undertakings. It also requests the Government to provide information on the conditions prescribed for work done by persons in the context of apprenticeships.

Article 7. 1. Employment or work of persons 13 to 15 years of age in light work. The Committee notes that section 3(4) of the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, provides that a child who is 13 years of age or more may perform light work where such work: (a) is an integral part of a course of education or training for which the school or training institution is primarily responsible; and (b) does not prejudice such child’s education, health, safety, social or mental development. The Committee requests the Government to indicate whether, according to section 3(4) of the Labour Relations Regulations, light work by children from the age of 13 years may only be performed in the context of general, vocational or technical education.

2. Determination of light work activities and conditions of work. The Committee notes that the Government’s report refers to section 4 of the Labour Relations Regulations, 1997, concerning hours of work. The Committee observes that section 4 indicates the maximum working hours (not more than six hours a day), prohibits working overtime and also entitles the child to one-and-a-half day’s leave each week. The Committee considers that the conditions set forth in this provision have been established to govern work done by children in general, and do not provide the necessary conditions to guarantee that light work carried out by children does not harm their health or development nor prejudice their participation in education. It reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to supply information on the types of light work activities that are permitted for persons from 13 years of age, and the conditions in which such employment or work may be undertaken. It also asks the Government to provide the relevant legislative texts in this respect.

Article 8. Artistic performances. The Committee notes the information provided by the Government in its reports that no use has been made of the exceptions permitted by this Article by way of legislation. It draws the Government’s attention to Article 8 of the Convention which lays down that, after consultation with the organizations of employers and workers concerned, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and the conditions in which such employment or work is allowed. The Committee observes the Government’s statement that artistic performances by children is a common feature in Zimbabwe. It recalls, however, that the specified minimum age for admission to employment or work in Zimbabwe is 14 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that approval for young persons of below 14 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number of hours during which and the conditions in which such employment or work is allowed. It also requests the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.

Part V of the report form. The Committee notes that, in its concluding observations on the initial report of Zimbabwe (CRC/C/15/Add.55, paragraph 20), the Committee on the Rights of the Child expressed its concern about the persistence of situations of child labour, including in the fields of agriculture and domestic service and on commercial farms. The Committee notes with concern the National Child Labour Survey (CLS) conducted in 1999 by the Government, through the Ministry of Public Service, Labour and Social Welfare and the Central Statistical Office, which targeted children aged 5-17 years. According to the CLS, out of the 4.6 million children between the ages of 5 and 17, a total of 1,225,686 children work without any time limit (826,412 for children aged 5-14) and 657,444 children work with a time limit (at least three hours) (406,958 for children aged 5-14). The main sectors in which they work are agriculture, forestry and fishing (82.4 per cent) and private domestic (10.8 per cent). According to information available at the Office, Zimbabwe is considering the launching of IPEC-supported time-bound programmes (TBPs), which aim at preventing child labour, protecting working children and rehabilitating victims of child labour with a special focus on the domestic and agricultural services. The Committee requests the Government to provide information on any policy measures or plans of action developed, especially in respect of the agricultural and domestic services to bring as soon as possible its legislation and the Convention in conformity with the situation observed. It asks the Government to continue to supply to the Committee statistical data as precise as possible on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.