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

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government in its first report according to which, the National Child Welfare Council which is composed of representatives of several government ministries, NGOs, international agencies, labour and business, has embarked on awareness campaigns with regard to the elimination of worst forms of child labour. Apart from the awareness campaigns, some of the organizations represented in the Council are dealing with their own specific programmes related to the elimination of child labour in general and are being implemented at the national level in different parts of the country. The Committee requests the Government to provide further information on the activities and functioning of the Council with regard to the elimination of worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that by virtue of section 4A of the Labour Relations Amendment Bill of 2000, no person shall be required to perform forced labour. It also notes that according to article 14 of the Constitution of Zimbabwe no person shall be held in slavery or servitude or required to perform forced labour. However, by virtue of paragraph 2 of article 14 of the Constitution, forced labour does not include any labour required by way of parental discipline, which, according to article 26(1) of the Constitution, includes school or other "quasi-parental discipline". The Committee requests the Government to clarify the meaning of "other quasi-parental discipline" and to describe what kind of labour may be exacted under this exception.

2. Sale and trafficking of children. The Committee notes that section 11 of the Sexual Offences Act No. 8 of 2001 provides that it is an offence to procure any other person to leave Zimbabwe with the intent that other person become a prostitute; or to leave their usual place of residence, with the intent that he or she may become an inmate of or frequent a brothel elsewhere. A person who is guilty of an offence by virtue of section 11 is liable to a fine not exceeding $50,000 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. The Committee notes however, that there appears to be no specific legal provision prohibiting the sale and trafficking of children under 18. It requests the Government to indicate whether a specific legal provision prohibits the sale and trafficking of children under 18.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to section 27 of the Defence Act and the National Service Act of 1979, the minimum age for voluntary enlistment and conscription into the armed forces is 18 years. It also notes that the Legal Age of Majority Act binds all Government agencies to recruit and employ people of the age of 18 or older.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 11 of the Act makes it an offence to procure any other person to become a prostitute, whether inside or outside Zimbabwe (paragraph (b)); or to leave Zimbabwe with the intent that other person may become a prostitute (paragraph (c)); or to leave his or her usual place of residence, not being a brothel, with the intent that he or she may become an inmate of, or frequent a brothel elsewhere (paragraph (d)). This offence carries a penalty of a fine not exceeding $500 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. The Committee notes that section 12(1)(a) of the Children’s Protection and Adoption Act provides that where, upon the complaint of any person, the juvenile court is satisfied that a girl under the age of 18 years is exposed to the risk of prostitution or is living a life of prostitution, the court may order the parent or guardian of the girl take appropriate measures to remedy the situation. It asks the Government about the steps it has taken or envisages to ensure that the same protection is afforded to boys under the age of 18 years.

2. The use, procuring or offering of a child for pornography. The Committee observes that neither the Children’s Protection and Adoption Act, nor the Sexual Offences Act contains any provisions prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. It reminds the Government that by virtue of Article 3 (b) of the Convention the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, in conformity with Article 3(c) of the Convention.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the Government’s indication in its first report that there is a need to carry out an in-depth study on this worst form of child labour. In this respect, it reminds the Government that by virtue of Article 3(c) of the Convention the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in conformity with Article 3 (c) of the Convention.

Clause (d). Hazardous work. The Committee notes that under section 3(1) of the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, as amended in 1999, 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 the schedule annexed to the regulations. It also notes that section 7 of the labour relations regulations stipulates that any person who contravenes these regulations shall be guilty of an offence and liable to a fine of $2,000 (US$37) or imprisonment for a period of 12 months. The Committee also notes that section 11(4) of the Labour Relations Amendment Bill, 2000, prohibits the employment of any person under the age of 18 years to perform any work which is likely to jeopardize that person’s health, safety or morals, which work shall include but not be limited to work involving such activities as may be prescribed. Moreover, section 7(2)(g) of the Children’s Protection and Adoption Act, as amended in 2001, holds a parent or guardian of a child liable if he/she has made the child (a person under the age of 16 years) or young person (a person who has attained the age of 16 years but has not attained the age of 18 years) perform any child labour.

Article 4, paragraph 1. Determination of the types of hazardous work. The Committee notes that the schedule annexed to the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, as amended in 1999, lists the following types of hazardous work: (1) any work which is likely to jeopardize or interfere with the education of the child or young person; (2) any work involving contact with any hazardous substance, article or process, including ionizing radiation; (3) any work involving underground mining; (4) any work that exposes a child to electrically-powered hand tools, cutting or grinding blades; (5) any work that exposes a child to extremes of heat, cold, noise or whole body vibration; (6) any night shift work. It also notes that section 2 of the Children’s Protection and Adoption Act, as amended in 2001, defines the expression "child labour" by enouncing the same activities mentioned in the list of the types of hazardous work included in the schedule annexed to the labour relations regulations.

Paragraph 2. Identification of hazardous work. The Committee notes the information provided by the Government in its first report according to which the labour inspectorate system inclusive of the factory inspectorate has the responsibility of identifying where the types of hazardous work exist and of taking the corresponding action in accordance with the Labour Relations (Employment of Children and Young Persons) Regulation, 1997. It asks the Government to provide information on the work of the labour inspectorate to this end, as well as tripartite consultations held on the matter.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee notes the Government’s indication in its first report that since the promulgation of the Labour Relations (Employment of Children and Young Persons) Regulation, 1997, the list of the types of hazardous work has been revised. However, the list will be revised once again under the Post National Child Labour Survey Programme once the necessary assistance from ILO/IPEC has been secured. The Government also indicates that the employers’ and workers’ organizations are part of the integrated proposal for the Post National Child Labour Survey Programme. The Committee requests the Government to provide information on developments concerning the revision of the list of the types of hazardous work.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. In its first report, the Government indicates that issues of child labour in general, and the worst forms of child labour in particular, are within the purview of the National Child Welfare Council, which is essentially a transformed child welfare forum established under the Children’s Protection and Adoption Amendment Act. The Committee notes that according to section 2B of the Children’s Protection and Adoption Amendment Act, the Council will perform the functions of advising the Minister on any matter relating to the welfare of the children, monitoring the situation of children in need of care, promoting the coordination of various organizations involved in the protection of the rights of children and to perform any other function that may be assigned to it by the Minister. This Council is working upon the proposed Post National Child Labour Survey Programme, which will be focusing on child labour in general and the worst forms of child labour in particular. The Committee notes the Government’s statement that workers’ and employers’ bodies are represented in this Council. It asks the Government to provide more information on the work of the National Child Welfare Council in relation to the enforcement of the provisions that are relevant to the application of Article 3(a) to (d) of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication in its first report according to which, currently, there are no clear-cut programmes of action to eliminate the worst forms of child labour. It also notes that the Government is in the initial stages of developing programmes of action, with priority to an in-depth study of the worst forms of child labour. The Government states that any developments in this aspect would occur with the consent of all concerned groups. The Committee requests the Government to continue to provide information regarding the status of programmes of action taken by the Government, including information on consultations held with workers’ and employers’ organizations pursuant to Article 6 as to the design and implementation of such programmes, and information on the extent to which the views of other concerned groups have been or will be taken into consideration in their planning and implementation.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that violations of the national legislation giving effect to Article 3 (a) to (d) of the Convention constitute offences. Such offences carry penalties of fines and/or imprisonment. The Committee asks the Government to indicate how these sanctions are applied in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s statement that the effective measures to prevent the engagement of children in the worst forms of child labour shall be implemented after conducting in-depth studies on the worst forms of child labour which will be launched under the proposed post National Child Labour Survey Programme. It requests the Government to provide information on any developments in this respect.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. The Committee notes that the Government refers to Project C (Rehabilitation of Victims of Child Labour) of the proposed Post National Child Labour Survey Programme. It also notes that according to the National Child Labour Survey of 1999, the worst forms of child labour are primarily found in the agricultural sector (mostly hazardous work). The children who are victims of this practice need to be removed from such situations, rehabilitated and reintegrated to the society. Under this project the Government calls for the identification of those exposed to hazardous work and to make provisions for the removal and rehabilitation of such children. The Committee asks the Government to continue to provide information regarding the initiation and adoption of any measures taken in this respect.

Clause (c). Access to free basic education. The Committee notes the information provided by the Government in its first report according to which access to free education at primary level has always been guaranteed in Zimbabwe. The Government also indicates that between 1980 and 1990, it introduced and implemented free education for all children of school-going age as a fundamental basic human right, but under the Economic Structural Adjustment Programme (ESAP), Zimbabwe reintroduced school fees for part of primary education. In 2001, the Government embarked on the Basic Education Assistance Module (BEAM) with the primary objective of reducing the number of children dropping out of school and to reach out to those who had never been to school due to economic hardships. The Committee asks the Government to keep it informed of the findings and measures taken pursuant to the BEAM, especially regarding access to primary education of children from marginalized groups and vocational training for children removed from the worst forms of child labour.

Clause (d). Identify and reach out to children at special risk. The Committee notes the Government’s statement that children at special risk are identified through the labour inspectorate and by some individual groups. It also notes the Government’s indication that an integrated approach is envisaged under the proposed Post National Child Labour Survey Programme. Moreover, the Committee notes that according to IPEC’s publication entitled "HIV/AIDS and child labour in Zimbabwe: A rapid assessment", Zimbabwe is one of the countries worst affected by AIDS with about 2000 deaths a week due to HIV/AIDS-related illnesses. Many children are being orphaned due to the HIV/AIDS pandemic and most of these children find themselves on the streets, with relatives, or engaged in prostitution or being employed for long hours with little wages. The Committee, concerned over the seriousness of the situation, requests the Government to provide information on measures already taken or envisaged to protect these children and to provide more information regarding the functioning of the labour inspectorate in terms of identifying children at special risk, in particular regarding children affected by HIV/AIDS such as orphans, etc.

Clause (e). Take account of the special situation of girls. The Committee notes the information provided by the Government in its first report that the special situation of girls is taken care of in any child labour intervention programme and that this will be pursued under the envisaged Post National Child Labour Survey Programme. The Committee asks the Government to continue to provide information regarding the manner in which the special situation of girls is addressed.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its first report that the Ministry of Public Service, Labour and Social Welfare is the competent authority responsible for the effective implementation of the provisions giving effect to the Convention. The Committee requests the Government to provide information on the authority responsible for monitoring the implementation of the penal legislation giving effect to the Convention, especially the Sexual Offences Act and the Penal Code. It also asks the Government to indicate by what methods such implementation is supervised.

Article 8. International cooperation and/or assistance. The Committee notes that the Government’s report indicates that the South African Development Community (SADC), of which Zimbabwe is a member, has developed SADC draft code on child labour, which is awaiting approval by the member States. The Committee also notes that Zimbabwe is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. Moreover, the Committee notes the National Child Labour Survey which was conducted in 1999, by the Government, through the Ministry of Public Service, Labour and Social Welfare, and the Central Statistical Office with the assistance of ILO/IPEC to determine the nature and extent of child labour in Zimbabwe and identify areas for action.

While noting the information provided by the Government, the Committee recalls that by virtue of Article 8 of the Convention, Members shall take appropriate steps to assist one another in giving effect to the provision of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education. It therefore requests the Government to report any information on international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education. The Committee also requests the Government to provide information on developments concerning the adoption of the code on child labour by SADC and to provide a copy thereof as soon as it is adopted.

Part III of the report form. In its first report, the Government indicates that courts of law or tribunal have not yet given decisions involving questions of principle relating to application of the Convention. The Committee encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V of the report form. The Committee notes the information provided by the Government in its first report according to which the principles contained in Convention No. 182 are taken care of by national legislation and, in practice, child labour is discouraged in the country. The Government also indicates that the lack of an in-depth study on the nature and extent of the worst forms of child labour which require resources is one of the reasons that prevented and delayed any action against the worst forms of child labour. In this respect, the Committee notes that according to the National Child Labour Survey conducted in 1999, the worst forms of child labour are primarily found in the agricultural sector (mostly hazardous work).

However, the Committee notes that in the Post National Child Labour Survey Programme, the Government indicates that further research on the worst forms of child labour is necessary. The Government also indicates in the Post National Child Labour Survey Programme that, although the worst forms of child labour may not be common features of Zimbabwe society and economy, isolated cases of bondage (rural areas) and commercial sex involving male and female children have been reported in the media. Moreover, the UN Working Group on the Contemporary Forms of Slavery stated in its report (E/CN.4/Sub.2/1999/17, paragraph 82) that it was given information on trafficking in children for purposes of sexual exploitation and that, inter alia, girls in Zimbabwe had been the victims of such trafficking. The Committee notes that according to information available at the Office, Zimbabwe is considering the launching of IPEC supported time-bound programmes (TBPs), which aim at preventing the worst forms of child labour, protecting working children and rehabilitating victims of child labour with a special focus on the domestic and agricultural services. It hopes that the Government will launch the TBPs with IPEC.

The Committee requests the Government to communicate information on developments concerning the Post National Child Labour Survey Programme. It also asks the Government to supply information on the worst forms of child labour through 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, penal sanctions applied, etc. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, and status in employment, school attendance and geographical location.