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

The Committee notes the Government’s first report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issue of trafficking of children can be examined more specifically under Convention No. 182. The Committee requests the Government to supply further information on the following points.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the allegations of the ICFTU, according to which there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution. The ICFTU also indicated that combatants from neighbouring Angola kidnap Zambian children and bring them to Angola to perform various forms of forced labour.

The Committee notes that sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004, prohibits the sale and trafficking of children and young persons under 18 years of age. The trafficking of persons for sexual exploitation is also prohibited under section 257 of the Penal Code. Section 261 of the Penal Code further provides that "any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave" commits an offence. The Committee also notes that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to 1 million penalty units and five to 25 years’ imprisonment for breach of the provisions prohibiting the sale and trafficking of children.

The Committee also notes that ILO/IPEC launched, in March 2004, a one-year action programme to combat child trafficking and commercial sexual exploitation of children in four towns in Zambia, namely Kapiri Mposhi, Chirundu, Lusaka and Livingstone. According to the ILO/IPEC action programme, there are reports of children being trafficked from the United Republic of Tanzania to Zambia, and from Zambia to Angola, the Democratic Republic of the Congo, Namibia and Zimbabwe. The Committee further observes that, according to an ILO/IPEC study conducted in 2002, there were reports of internal child trafficking, especially in the central province, for the purpose of employing children in farms. Teenagers are also reported to be trafficked to South Africa, Germany, Finland, France, Greece, Malawi, Namibia, Russian Federation, Sweden, Denmark and Italy. The programme’s objectives are to: (i) conduct a rapid assessment to determine the extent of child trafficking; (ii) raise awareness on this issue; (iii) establish, train and strengthen community volunteer teams to quickly respond to cases of child trafficking; (iv) strengthen the capacities of community social workers, police victim support unit officers, the judiciary and immigration officers to effectively implement the activities; and (v) conduct direct actions to withdraw, rehabilitate and reintegrate child victims of trafficking.

The Committee consequently notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to 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 accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. Finally, the Committee requests the Government to provide information on the results achieved under the above ILO/IPEC programme with regard to the removal, rehabilitation and social integration of child victims of trafficking.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. The Committee notes the ICFTU’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It adds that since the number of Zambians dying of HIV/AIDS has increased, the number of orphans has increased too and that nearly all of these children are working, particularly in hazardous work. According to UNDP, 16 per cent of the population aged 15 to 49 is living with HIV/AIDS.

The Committee also observes that Zambia participates together with Uganda in an ILO/IPEC pilot project entitled "Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa" (September 2004-December 2007). According to the project report (page v), Zambia counted 630,000 children orphaned by HIV/AIDS in 2003. The project aims at expanding and sustaining education and skills training opportunities for child orphans withdrawn from the worst forms of child labour and preventing 3,600 children from engaging in such activities. The project also aims at using its experiences to expand the knowledge base around the issues of child labour and HIV/AIDS, in order to generate appropriate policy responses and expand the resources available to eliminate the worst forms of child labour, and promote a reduction in HIV/AIDS-related risks for girls and boys. According to the above ILO/IPEC project, Zambia has taken positive steps to combat child labour and HIV/AIDS. Thus, the draft national AIDS policy addresses the difficult situation of children orphaned by HIV/AIDS, including some 6 per cent who are street children. Some organizations provide services, such as psychological counselling, skills training, educational assessment and placement, food, clothing and health care for orphaned and vulnerable children. Orphaned children are thus withdrawn from the street and are provided with educational assistance. The Committee nevertheless notes that the ILO/IPEC report indicates that "the implications of the pandemic for abusive child labour remains unremarked" (Annex 9, page 96).

Considering that the HIV/AIDS pandemic has serious consequences for orphans who are more exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the results achieved.

Article 8. International cooperation. The Committee notes that Zambia is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to provide information on any measures taken or envisaged to cooperate with countries to which Zambian children are trafficked.

Parts IV and V of the report form. The Committee requests the Government to provide a copy of available data on trafficking of children for labour and sexual exploitation, including inspection reports, and information on the extent and trends of this worst form of child labour, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a request directly to the Government concerning other detailed points.