Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that neither the Children’s Protection and Adoption Act (Children’s Act) nor the Sexual Offences Act contained specific provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. However, the Committee noted that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. It also noted that section 8 of the Children’s Act made it an offence to cause or conduce a person under 18 to commit “immoral acts”. It requested the Government to indicate the meaning of the term “immoral acts”.

The Committee notes the Government’s statement that “immoral acts” is to be construed widely, to advance the intention of the Children’s Act, which is the protection and promotion of the welfare and rights of children. The Committee requests the Government to provide information on the application in practice of sections 8 and 10(1)(d) of the Children’s Act, with regard to the use, procuring and offering of a child 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. In its previous comments, the Committee noted that section 13 of the Children’s Act punishes anyone who encourages, trains or knowingly provides a child or young person with facilities to commit an offence. It requested the Government to indicate whether the use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs is prohibited under this section. The Committee notes the Government’s statement that the use, procuring or offering a child for illicit activities is within the ambit of section 13 of the Children’s Act.

Article 4(3). Periodic examination of the list of hazardous work. The Committee previously noted Government’s indication that a revision of the list of types of hazardous work was being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project). The Committee notes the Government’s statement that further information will be provided during the implementation of phase II of the WFCL Project. The Committee requests the Government to provide information in its next report on any progress made concerning the revision of the list of the types of hazardous work.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that the WFCL Project (phase I) was launched by the Government of Zimbabwe in cooperation with ILO–IPEC, UNDP, UNESCO and the IOM. A national steering committee, consisting of representatives from the Ministry of Public Service, Labour and Social Welfare, and other relevant ministries, as well as employers’ and workers’ representatives, was set up to guide the WFCL Project in the following objectives: (a) identifying the worst forms of child labour existing in Zimbabwe; (b) designing a Time-bound Programme (TBP) to eliminate the identified worst forms of child labour (phase I); and (c) implementing the TBP (phase II).

The Committee notes that, pursuant to these objectives, a Rapid Assessment Survey identifying the worst forms of child labour in Zimbabwe (Rapid Assessment Survey) was conducted in September 2008, and that a draft Five-Year National Programme for the Elimination of the Worst Forms of Child Labour, from the Ministry of Labour and Social Services (draft WFCL document) was produced in April 2009. The draft WFCL document indicates that the project design and implementation (phase II of the WFCL project) remains to be done. The Committee requests the Government to take the necessary measures to ensure the elaboration and completion of the WFCL Project TBP without delay, and to ensure the commencement of its implementation in the near future. The Committee requests the Government to provide information on progress made in this regard and, once implementation begins, to provide information on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee previously noted that the Ruwa Rehabilitation Centre provides vocational training for children removed from the worst forms of child labour. It noted the Government’s information that the Ruwa Rehabilitation Centre continues to cater for the needs of children under difficult circumstances and that it would provide information regarding the results achieved by the Centre in the future. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide statistical information on the number of children removed from the worst forms of child labour and rehabilitated through the Ruwa Rehabilitation Centre, as soon as it becomes available.