Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 138) sur l'âge minimum, 1973 - Zimbabwe (Ratification: 2000)

Autre commentaire sur C138

Observation

Demande directe

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The Committee notes the communication of the Zimbabwe Congress of Trade Unions (ZCTU) dated 29 August 2013, as well as the Government’s report.

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted the Government’s acknowledgement that, notwithstanding the comprehensive legal provisions that prohibit children from engaging in child labour, children were, in practice, found in employment situations. In this regard, the Committee noted the allegation of the ZCTU that the informal economy was among the sectors where child labour is the most common. Moreover, the Committee noted the information from the 2008 ILO–IPEC Draft Rapid Assessment Survey on the worst forms of child labour in Zimbabwe (ILO–IPEC Rapid Assessment Survey) that a full 87 per cent of children surveyed were self-employed.

The Committee notes the Government’s indication that it is currently strengthening existing programmes in order to reach out to more children in child labour, such as the Orphans and other Vulnerable Children National Action Plan (OVC NAP) and the Basic Education Assistance Module (BEAM). The Committee once again reminds the Government that the Convention applies to all branches of economic activity, including the informal economy, and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated. The Committee urges the Government to strengthen its efforts to ensure that children working outside an employment relationship, particularly those working on their own account or in the informal economy, benefit from the protection afforded by the Convention, and to provide information on the results achieved.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee observed that the Education Amendment Bill (to amend the Education Act), passed by the Senate in 2006, did not appear to address the issue of compulsory education. In addition, the Committee noted that, according to information from the 2011 UNESCO Education for All: Global Monitoring Report, primary education lasts from 6 to 12 years. The Committee therefore observed that the age at which compulsory schooling ends is two years below the current minimum age for admission to work of 14 years of age.

The Committee notes the Government’s information pertaining to the measures it is taking to increase school attendance, such as ensuring that all rural primary school students do not pay tuition fees. The Committee also notes that, while the Government states that primary school in Zimbabwe is compulsory for every child by virtue of the Education Act of 2006, it does not provide information on measures taken or envisaged to ensure that the age of completion of compulsory schooling coincides with the age of admission to work or employment. The Committee recalls that, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 371). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to adopt legislation which would set the age of completion of compulsory schooling at 14, in line with the minimum age for admission to work.

Article 6. Apprenticeship. The Committee previously noted that sections 11(1)(a) and (3)(b) of the Labour Act of 2002 permit the employment of apprentices from the age of 13 years. The Committee observed that permitting the employment of apprentices from the age of 13 years, pursuant to the Labour Act, was not in conformity with Article 6 of the Convention. The Committee noted the Government’s statement that this matter was being considered in the context of the ongoing labour law reform process, with a view to raising the minimum age for admission to apprenticeship. In this regard, the Committee noted the Government’s indication that the principle of raising the minimum age for admission to apprenticeships was adopted by the social partners. Noting the absence of new information on this point, the Committee urges the Government to take the necessary measures, within the framework of the ongoing labour law reform process, to ensure the establishment of a minimum age of admission to apprenticeship of no lower than 14 years of age, in conformity with Article 6 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the information from the 2004 labour force survey that 42 per cent of children between the ages of 5–14 years were involved in economic child labour. The Committee further noted the information in the ILO–IPEC Rapid Assessment Survey that 68 per cent of child agricultural workers and 53 per cent of child domestic workers surveyed were 14 years old or younger. The Committee noted the ZCTU’s allegations that, despite the existence of legislation applying the Convention, there was lack of enforcement due to the incapacity of labour inspectors. The ZCTU indicated that when breaches of the relevant legislation were detected, the cases took more than a year to be processed, both at the Department of Labour, and in the courts of law. The Committee noted the Government’s statement that it was strengthening existing programmes to reach out to children engaged in child labour. The Committee also noted the Government’s statement that phase II of the Worst Forms of Child Labour Project (WFCL Project) was not yet under way, but that this phase would focus on the agricultural and domestic sectors.

The Committee notes the ZTUC’s allegation that the Government has still not made efforts to finance and implement the five-year WFCL Project, and that this project is almost coming to the end of its term before implementation.

The Committee observes that the Zimbabwe Statistics Agency has concluded the labour force survey of 2011. According to the 2011 Child Labour Survey Report, an estimated 1.2 million children aged 5 to 14 years are involved in economic activities in Zimbabwe, that is 37.1 per cent of children in this age group. The Committee must express its deep concern at the large number of children under the age of 14 who are found to be working, especially in the agricultural sector and in household activities, as well as at the weak enforcement of child labour legislation. The Committee therefore urges the Government to pursue its efforts to implement phase II of the WFCL Project and to reduce the number of children under the minimum age who are engaged in economic activities, especially with respect to children working in the agricultural sector and in domestic work.

The Committee is raising other points in a request addressed directly to the Government.