Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3 of the Convention. The worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. In its previous comments, the Committee had noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child allow the child to be in any streets, premises or places for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging. The Committee notes the Government’s information that the Ministry of Community Development has initiated a massive awareness campaign and sensitization programmes on the need for the public to stop giving financial and material assistance to street children who beg on the streets. It notes, however, that the Government does not provide any information on the legal provisions prohibiting the use or procuring of a child under 18 years for begging. The Committee draws the Government’s attention to Article 3(c) read with Article 2 of the Convention which requires the prohibition of using, procuring or offering a child under 18 years for illicit activities. The Committee urges the Government to amend its legislation to prohibit the use, procuring or offering of children under 18 years for illicit activities, including begging.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that, by virtue of sections 2 and 8 of the Employment of Young Persons and Children (Amendment) Act of 2004, (EYPC Act of 2004) children aged 16 and over may perform night work, underground work, work in an unhealthy environment or with dangerous machinery. Noting that a list of the types of hazardous work was under preparation, the Committee had expressed its hope that the Government would take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee notes the Government’s report that the proposed “Statutory Instrument on hazardous work” prohibits work in a covered worksite in any of the following types of occupations: excavation/drilling; stone crushing; block/brick making; building; roofing; painting; tour guiding; selling/serving in bars; animal herding; fishing; working in tobacco and cotton fields; spraying of pesticides, herbicides and fertilizers; handling farm machinery and processing in industries. It also notes that section 3(a) of the EYPC Act of 2004 defines a child as a person under the age of 15 years and section 3(e) defines a young person as a person aged between 15 and 18 years. It further notes the Government’s indication that the social partners and all stakeholders were consulted in drafting the above list of types of hazardous work. The Committee expresses the firm hope that the Statutory Instrument containing the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 5. Monitoring mechanisms. 1. Labour inspectors and police officers. Noting that the EYPC Act of 2004 had extended its scope of application to commercial, agricultural and domestic worksites, as well as family undertakings, the Committee had previously requested the Government to indicate whether labour inspectors or police officers are entitled to enter such workplaces to ensure compliance with the Act. The Committee notes the Government’s statement that, according to the provisions of section 18 of the Employment of Young Persons and Children’s Act, labour officers are entitled to enter, at all reasonable times, upon any land, premises or industrial undertakings to ensure compliance with the Act. It notes, that according to the Labour Department Annual Report of 2006, the labour officers inspected about 1,020 workplaces that year. In 2006, no cases of child labour were detected in the formal sector although some cases of child labour were found in the informal sector. The Committee requests the Government to continue providing information on the number of investigations carried out by the labour officers and the police, including in the informal sector, and on the number and nature of violations detected with regard to children under the age of 18 years.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee notes that the District Child Labour Committees (DCLC) and Community Child Labour Committees (CCLC), established at the district and community levels, are entrusted with the mandate to monitor the implementation of the programmes on the elimination of the worst forms of child labour. It also notes that the activities and performance of the DCLCs and CCLCs are assessed by the Child Labour Unit within the Ministry of Labour. The Committee requests the Government to provide information on the number of children withdrawn from the worst forms of child labour and rehabilitated pursuant to the implementation of the programmes monitored by the District Child Labour Committees and the Community Child Labour Committees.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that it is in the process of soliciting inputs from stakeholders for the National Child Labour Action Plan which is expected to be finalized by December 2008. It also notes the Government’s indication that all district labour officers are being trained in analyzing the data and inputs collected and thereafter in preparing the National Child Labour Action Plan. The Committee requests the Government to provide information on the implementation of the National Child Labour Action Plan and the programmes of action established in this context, and on the results achieved in terms of the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously observed that concerning the use, procuring or offering of a child for prostitution, the Employment of Young Persons and Children’s Act (sections 3 and 17(B)) and the Penal Code (sections 38, 140, 146, 147 and 149) provide for different penalties. The Committee therefore had asked the Government to take the necessary measures to harmonize its legislation with regard to the penalties applicable to girls and boys under 18 years of age who are used, procured or offered for prostitution. The Committee notes the Government’s report that the Zambian Law Development Commission has taken the initiative to harmonize various pieces of legislation in consultation with the stakeholders. The Committee hopes that the Government will harmonize the discrepancies with regard to the penalties, as well as their applicability, for the offence related to the use, procuring or offering of a child for prostitution as established under the Employment of Young Persons and Children’s Act and the Penal Code. It requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 2. Time-Bound measures. The Committee notes the Government’s information that a Time-bound Programme (TBP) was launched in 2006. The Committee notes that according to the ILO/IPEC Technical Progress Report (Zambia TBP) of September 2008, the objective of the TBP entitled “Support to the development and implementation of time-bound measures against the Worst Forms of Child Labour in Zambia” is to contribute to the elimination of the worst forms of child labour through strengthening national capacity to formulate and implement a national TBP against the worst forms of child labour. The Committee notes that within the framework of this TBP a total of 5,952 children had benefited (2,081 children withdrawn and 3,871 prevented from child labour) through the provision of educational services or training opportunities, and 4,039 children (1,215 children withdrawn and 2,824 children prevented) through other non-educational services.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes the information provided by the Government in its report under Convention No. 138 that there had been a remarkable decline in the number of out-of-school children. According to the Education Statistical Bulletins of 2006, only 11.2 per cent of out-of-school children between the ages of 7 and 18 were recorded in 2006. The Education Statistical Bulletins of 2006 revealed that during the period from 2006 to 2007, the number of schools offering primary education increased from 4,021 to 4,269 and the number of schools offering secondary education increased from 2,221 to 2,498. The Government states that the gross enrolment ratio for grades one to nine has increased steadily from 2003 to 2007. The Government also indicates that it has adopted a policy to upgrade primary schools into basic schools in order to ensure that children have access to basic education up to grade nine. The Committee notes that, according to the Child Labour Survey Report of 2005, the incidence of child labour was estimated at 895,000. The results also indicated that child labour is predominantly a rural phenomenon with 92 per cent of all working children residing and working in rural areas. According to the UNESCO Report entitled Education For All – Global Monitoring Report, 2008, in Zambia, the primary net enrolment rates have increased by more than 20 per cent between 1999 and 2005.

The Committee notes the information provided by the Worker members at the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138), that Zambia does not yet have a system of free, compulsory, formal and public education and, therefore, it would not be able to succeed in eliminating child labour. The Worker members also stated that, due to the abolition of school fees, the total enrolment rates at school had increased, and the number of out-of-school children had fallen from 760,000 to 228,000 between 1999 and 2005. However, disadvantaged children were still two to three times less likely to be in school than other children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, including by increasing the school enrolment rates and reducing school dropout rates, especially of children in the rural areas. It requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved.

2. Commercial sexual exploitation. The Committee had previously noted that ILO/IPEC had launched an action programme to combat child trafficking and the commercial sexual exploitation of children in four towns of Zambia, namely Kapiri Mposhi, Chirunudu, Lusaka and Livingstone, 2004–06. It also notes that the objectives of this action programme include the withdrawal and prevention of 100 girls and boys from child trafficking and commercial sexual exploitation and providing them with alternatives such as formal education and skills training as well as to support 40 parents of the withdrawn children with income to start their income generating activities. According to the ILO/IPEC Technical Progress Report of March 2006, under this action programme, 18 children were provided with educational alternatives, including formal education and skills training. Income generating facilities were also provided to their parents. The Committee further notes the Government’s indication that the TBP of 2006 also addresses the issues of child sexual exploitation. The Committee requests the Government to provide information on the concrete measures taken within the framework of the TBP of 2006 to combat child sexual exploitation. It also requests the Government to provide information on the results achieved with regard to removing children under 18 years from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child domestic work. The Committee had previously noted that Zambia is participating in a two-year ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and francophone Africa” which was launched in 2004. This project, which was actively operational in two core countries, i.e. Zambia and Uganda, contributed to the prevention and withdrawal of a total of 3,656 children, mostly girls from child domestic labour and were provided with formal and vocational education alternatives. The project also contributed to the development of a National Plan of Action to Combat Child Domestic Labour and provided recommendations for the child labour policy (ILO/IPEC, Final Report, 2006). The Committee requests the Government to provide information on the implementation of the National Plan of Action to Combat Child Domestic Labour and its impact on eliminating child domestic labour.

Clause (e). Special situation of girls. The Committee had previously noted that the Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE) which aims at increasing enrolment, progression and quality of education by sensitizing community and parents, creating single sex classes for girls and improving teaching methodology. According to the UNICEF document on “Strategies of Girls’ Education”, 2004, the PAGE programme in Zambia has been so successful that it has been extended to the whole country. This project, piloted in 1995 in 20 schools, was operational in over 1,000 schools in all 72 districts by 2002. The Committee notes the information provided by the Government in its report under Convention No. 138 that it has taken measures to readmit pregnant teenage girls to school after giving birth. The Committee requests the Government to provide information on the implementation of the Programme for the Advancement of Girls’ Education and the results achieved.

Article 8. International cooperation. Poverty eradication programme. The Committee notes the Government’s statement that the poverty level in the country after the implementation of the Poverty Eradication Strategy Paper came down from 73 per cent to 67 per cent of the population. The Child Labour Survey of 2005 indicates that the incidence of child labour has drastically reduced from 1 million in 1999 to 895,246 in 2005.

Part V of the report form. Application of the Convention in practice. According to the Child Labour Survey Report of 2005, an estimated 785,712 children aged from 5 to 17 years were found to be in hazardous work with 674 children working in the mining and quarrying sector. The survey further indicated that 0.4 per cent of the child labourers in the age group of 15–17 and 0.1 per cent of those in the age group of 10–14 worked at night. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, including the violations under Article 3(a)–(c) of the Convention, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.