Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously requested the Government to provide information on the activities and functioning of the National Child Welfare Council with regard to the elimination of the worst forms of child labour. The Committee notes the Government’s statement that the activities of the Council, in relation to the elimination of the worst forms of child labour, are best executed through the Child Welfare Fund, established by section 75H of the Children’s Protection and Adoption Act. It also notes the Government’s information that the Fund may be applied to furthering activities related to the dissemination of information on alcohol and drug abuse, teenage pregnancy and other problems affecting children and young persons, promoting education, skills training, health and any other projects aimed at promoting the welfare and protection of young persons. The Committee notes the Government’s statement that the thrust is to help young persons who are prone to the worst forms of child labour as much as possible. The Committee takes due note of this information.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. 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 provides that it is an offence to procure any other person to leave Zimbabwe with the intent that the 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. The Committee had asked the Government to indicate whether a specific legal provision prohibits the sale and trafficking of children under 18 years, including for labour exploitation. The Committee notes the Government’s statement that the sale and trafficking of children is an offence and that the Children’s Protection and Adoption Act will soon be amended in order to explicitly deal with the sale and trafficking of children. The Committee draws the Government’s attention to the prohibition contemplated in Article 3(a) of the Convention which includes trafficking for the purpose of labour exploitation. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age, including for the purpose of labour exploitation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee had previously noted that under article 14(2) of the Constitution of Zimbabwe, forced labour does not include any labour required by way of parental discipline, including "other quasi-parental discipline" (article 26(1)). The Committee had asked the Government to clarify the meaning of "quasi-parental discipline". The Committee notes the Government’s information that this term refers to a situation where a parent is substituted. For example, at school, the teacher assumes the role of a parent. The Committee notes the Government’s statement that the kind of labour that can be exacted under this exception includes: sweeping of classrooms, watering flowers, washing one’s own clothes and cleaning of windows.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that the Sexual Offences Act punishes prostitution as an offence. It had also noted that section 12(a) of the Children’s Protection and Adoption Act, provides that if, upon the complaint of any person, the Juvenile Court is satisfied that a girl under the age of 18 is exposed to the risk of prostitution, or is living a life of prostitution, the court may order the parent or guardian of this girl to take appropriate measures to remedy the situation. It had asked the Government to indicate the steps taken or envisaged to ensure that the same protection is granted to boys under 18 years of age. The Committee notes the Government’s statement that Zimbabwe does not envisage a situation in which boys become prostitutes and that, under section 11 of the Sexual Offences Act, both boys and girls involved in prostitution are protected. It notes the Government’s statement that, in practice, similar protection is afforded to boys although it is not mentioned in the legislation. Moreover, mechanisms to explicitly spell out that there is similar protection afforded to boys could be worked out. The Committee takes due note of this information.

2. 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 Protection and Adoption 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 asked the Government to provide information on the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes the Government’s information that an appropriate amendment to the Sexual Offences Act and the Children’s Protection and Adoption Act will be considered in order to explicitly include child pornography. The Committee accordingly asks the Government to provide information on any amendments to the relevant legislation aimed at prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering a child for illicit activities, in particular, for the production and trafficking of drugs. Noting the Government’s statement that an in-depth study needs to be carried out concerning this worst form of child labour, the Committee had previously asked the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering a of child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s information that the Ministry will work closely with relevant stakeholders to ensure that the legislation takes care of the issues relating to the elimination of the use, procuring or offering of children for illicit activities, in particular, for the production and trafficking of drugs in line with the international treaties. The Committee asks the Government to provide information on any concrete developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted that the labour inspectorate system, including the factory inspectorate, has the responsibility of identifying where the types of hazardous work exist. It had asked the Government to provide information on the work of the labour inspectorate to this end, as well as tripartite consultations held on the matter. It notes the Government’s information that labour officers bring to the attention of the factory inspector any hazardous work that they have noted. Moreover, the tripartite Zimbabwe Occupational Health and Safety Council (ZOHSC) provides the forum for consultations on the matter.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee had previously noted the Government’s indication that the list of the types of hazardous work would be revised under the Post National Child Labour Survey Programme once the necessary assistance from ILO/IPEC had been secured. The Committee once again 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. Following its previous comments, the Committee notes the Government’s statement that a National Plan of Action for orphans and other vulnerable children (NPA) was developed in 2003 with the participation of children as major stakeholders. The Government adds that this NPA is aimed at intensifying the implementation of national legislation policies relevant to children. This legislation seeks to provide legal protection for children who fall through the social safety nets. Moreover, this Plan will stand to benefit from ILO/IPEC assistance. The Committee asks the Government to provide further information on the implementation of the NPA for orphans and other vulnerable children of 2003 and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had asked the Government to indicate how the penalties provided by the relevant legislation giving effect to Article 3(a) to (d) of the Convention are applied in practice. It notes the Government’s information that the perpetrators are either jailed or fined and in some instances, they are made to perform community service.

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), with the aim 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 notes with interest the Government’s information that BEAM has significantly reduced the number of school dropouts and the programme has then been extended to secondary schools in order to reduce the number of dropouts. Considering that education contributes to the elimination of the worst forms of child labour, the Committee asks the Government to continue providing information on the results achieved under BEAM, including in secondary schools.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee notes the Government’s indication that the Ruwa Rehabilitation Centre continues providing vocational training for children removed from the worst forms of child labour. It asks the Government to continue providing information on the activities of the Centre and their impact on the direct assistance and removal of children from the worst forms of child labour.

Clause (d). Identify and reach out to children at special risk. 1. Child victims and orphans of HIV/AIDS. The Committee had previously noted that Zimbabwe is one of the countries worst affected by AIDS. It had also noted that many children are being orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. The Committee had asked the Government to provide information on the measures taken or envisaged to protect these children. It had also requested the Government to provide information on the functioning of the labour inspectorate in terms of identifying children at special risk, in particular children affected by HIV/AIDS. The Committee notes the Government’s information that orphans and other vulnerable children, including those affected by HIV/AIDS, are being taken care of in Government-owned children’s homes, as well as those privately owned by the church and other organizations. Moreover, the labour inspectorate will bring to the attention of the social services division the detected cases of children at risk. The welfare officers or social workers will then act on the basis of the information so provided. The Committee asks the Government to continue providing information on the activities of the labour inspectorate and on any other effective and time-bound measures aimed at identifying and reaching out to child victims and orphans of HIV/AIDS.

2. Street boys. The Committee notes that the National Child Labour Survey conducted by the Government in 1999 did not cover the "hidden" activities of children, for example street children. Moreover, the same source reveals that street children are found in all the major cities in Zimbabwe. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working on the streets are protected from the worst forms of child labour.

The Committee notes the Government’s statement that, regarding Article 7, paragraph 2, clauses (a), (b) and (e), of the Convention, it is waiting for technical and financial assistance from the ILO, in order to carry out the Post Child Labour Survey Programme that will encompass Project C (Rehabilitation of Victims of Child Labour). The Committee asks the Government to provide information on any developments in this regard.

Article 8. 1. International cooperation. Following its previous comments, the Committee notes the Government’s information that it continues to work alongside other countries in various issue areas. It also observes the Government’s statement that the Southern African Development Community (SADC) Code on Child Labour was adopted. The Committee asks the Government to supply a copy of this text with its next report.

2. Poverty reduction programme. The Committee notes the Government’s information that it intends to address the poverty situation by improving lives and working conditions of the poor through the Jobs for Africa Programme. The Committee asks the Government to continue providing information on the Jobs for Africa Programme and on any notable impact of this programme towards eliminating the worst forms of child labour.

Part III of the report form. With reference to its previous comments, the Committee notes that the Government will continue providing any court decisions regarding the application of the Convention.

Parts IV and V of the report form. The Committee had previously noted that Zimbabwe is considering the launching of IPEC-supported Time-bound Programmes (TBPs) aimed 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 sectors. The Committee notes the Government’s information that technical and financial assistance from the ILO is needed to carry out the Post Child Labour Survey Programme. It also notes that at present the Government does not have the capacity to provide statistical data on the worst forms of child labour disaggregated by sex and age group. This data, however, will be available once the Government gets funding for the Post Child Labour Survey Programme. The Committee asks the Government to communicate information on the developments concerning the Post Child Labour Survey Programme. It also asks 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.