Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 138) sur l'âge minimum, 1973 - Zambie (Ratification: 1976)

Autre commentaire sur C138

Observation

Demande directe

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Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the Education Act of 2011 neither defined the school-going age nor indicated the age of completion of compulsory schooling. It also noted that according to section 34 of the Education Act of 2011, the Minister may, by statutory instrument, make regulations to provide for the basic school-going age and age for compulsory attendance at educational institutions. The Committee noted the Government representative’s indication to the Conference Committee in 2017, that consultations were ongoing to revise the Education Act of 2011 which would define the basic school-going age and link it with the minimum age for employment in Zambia. It also noted that the Conference Committee recommended the Government to take the necessary measures to ensure that the amended Education Act sets the age of completion of compulsory education at 15 years of age, and that it is effectively implemented in practice, without delay. In this regard, the Committee noted the Government’s statement that the official entry age for grade 1 in Zambia is 7 years and by the time of completion of grade 7, children are 14 or 15 years old. The Government further indicated that education is not compulsory, but once a child is enrolled in a school, it is the duty of every parent or guardian to ensure the child’s regular attendance according to section 6(1) of the School (Compulsory Attendance) Regulations Statutory Instrument (SI) No. 118 of 1970. The Committee further noted the Government’s reference to the various measures taken to improve access to basic education and which resulted in significant progress in the area of education. However, it noted the Government’s statement that despite 15 years of concerted action, access to education remained a huge challenge for children in Zambia and that the proposed revision of the Education Act had been delayed due to some technical challenges. The Committee strongly urged the Government to take the necessary steps to ensure free and compulsory education for all children up to the minimum age of 15 years and to set the age of completion of compulsory education at 15 years during the revision of the Education Act.

The Committee notes the Government’s information in its report that it continues to pursue programmes and policies concerning compulsory schooling and access to education. However, the Committee notes with regret that there is no information in the Government’s report with regard to the revision of the Education Act which proposes to set the age of completion of compulsory education at 15. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly urges the Government to take the necessary steps to ensure free and compulsory education for all children up to 15 years which is the minimum age of 15 years for admission to employment or work, including by legally setting 15 years as the age of completion of compulsory education during the revision of the Education Act. It requests the Government to provide information on any progress made in this regard.

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that the SI No. 121 of 2013 defines “light work” which is permitted to children aged between 13 and 15 years as per section 4A(2) of the Employment of Young Persons and Children (Amendment) (EYPC Act of 2004) as work which is not likely: (a) to be harmful to the health or development of a child or young person; and (b) to prejudice the attendance at school, participation on vocational orientation, or a training programme approved by the competent authority, of a child or young person. It also noted that section 2 of the SI restricts the performance of light work activities to less than three hours per day. The Committee noted, however, that the United Nations Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that children aged 13 to 15 years undertook work which is reportedly not light work and that it interfered with their education (CRC/C/ZMB/CO/2–4, paragraph 57). It requested the Government take the necessary measures to ensure that children of 13 to 15 years of age do not participate in work other than light work and to indicate whether the light work activities have been determined pursuant to section 4A(2) of the EYPC Act of 2004 as required under Article 7(3) of the Convention.

The Committee notes the Government’s information that light work activities have not been determined. However, child labour clubs in schools accompanied by sensitization programmes in the communities has endeavoured to ensure that light work activities are identified. The Committee notes that the Government adopted the Employment Code Act No. 3 of 2019, which repeals Employment of Young Persons and Children Act. It notes that according to section 80 of Act No. 3 of 2019, light work means work that the Minister may, by statutory instrument, prescribe to be light work. Further, section 137(n) states that the Minister may, by statutory instrument, make regulations prescribing the ages at which children (under 15 years) and young persons may be employed in particular trades or occupations. The Committee requests the Government to indicate the measures taken or envisaged to determine light work activities permitted to children of 13 to 15 years of age pursuant to sections 80 and 137(n) of the Employment Code No. 3 of 2019. It also requests the Government to intensify its efforts to ensure that children of 13 to 15 years of age do not participate in work other than light work which does not interfere with their education.

Labour inspectorate. The Committee previously noted that the inspections carried out by the labour inspectors identified the existence of hazardous child labour in small-scale mining, agriculture, domestic work, and trading sectors, generally in the informal economy. It also noted the various measures, including sensitization and awareness raising measures on child labour as well as training on monitoring and identification of child labour taken by the District Child Labour Committees (DCLCs); the measures undertaken within the framework of the Achieving Reduction of Child Labour in support of Education programme (ARISE) and the results achieved; as well as the measures taken by the Government to boost the labour inspectorate to enhance the enforcement of child labour laws. The Committee, however, noted that the DCLCs’ activities were restricted to limited districts due to lack of financial resources and that the National Steering Committee (NSC), which monitors and develops policies on child labour and coordinates the activities and programmes to eliminate child labour, including the activities of the DCLCs, did not cover informal sectors where child labour is more prevalent. The Committee requested the Government to continue its efforts to prevent children under the age of 15 years from engaging in child labour as well as to take the necessary measures to strengthen and expand the activities of the DCLCs to all the provinces and to strengthen the capacities of the labour inspectorate to enable it to monitor child labour in all sectors, including the informal economy.

The Committee notes the Government’s information that the DCLCs are working with other stakeholders to sensitize, monitor and identify victims of child labour while the NSC monitors the prevalence of child labour based on the reports submitted by the DCLCs and other social partners. Regarding the activities undertaken by the DCLCs, the Government indicates that in the Western Province Koama and Nkeyema the DCLC: (i) conducted a radio programme on child labour on the World Day Against Child Labour; (ii) undertook an integrated Area-based Approach in its fight against child labour; (iii) sensitized over 2000 households through Social Cash Transfer Programmes and linked over 516 vulnerable households to this programme; and (iv) withdrew 48 children from child labour from different communities and linked them to the Social Welfare for Education support. Moreover, in Chipata, Eastern Province, the DCLC: (i) conducted 12 radio programmes in which information affecting children were shared by various DCLC stakeholders; (ii) distributed brochures, and copies of the list of hazardous types of work prohibited to children as well as copies of the Employment of Young Persons Act to 12 communities where child labour activities are carried out; and (iii) carried out child labour sensitization activities in schools and market places. Furthermore, the DCLC along with the NSC conducted 38 child labour inspections in tobacco farm blocks. Noting that most of the children who were working on the farms came from communities without schools and vulnerable communities, the DCLC recommended that they benefit from the social cash transfer programmes. The Committee strongly encourages the Government to continue to take the necessary measures to strengthen and expand the activities of the DCLCs and the NSC as well as to strengthen the capacities of the labour inspectorate to enable them to monitor child labour in all sectors, including the informal economy. It requests the Government to continue to provide specific information on the measures taken in this regard, as well as on the results achieved. Finally, the Committee requests the Government to provide updated statistical data on the employment of children and young persons, together with extracts from labour inspection reports.

Application of the Convention in practice. The Committee notes the Government’s information that Making Schools the Place to be, an initiative under the ARISE programme has helped reduce school absenteeism, stimulate higher levels of education and prevent child labour. Under this initiative, seven primary schools are implementing the Sustainable School Meals Programme and 142 community members are involved in this programme; 525 children received school supplies and uniforms; and 30 schools received learning materials. Moreover, 3,293 vulnerable households benefited through the Improved Household Income initiative under the ARISE programme. The Committee further notes the Government’s information that the Labour Force Survey of 2018 contains data on child labour. However, the Committee notes that in the survey, the labour force statistics are classified by age starting from 15 years and older and do not particularly cover child labour.

The Committee further notes that the document on the Zambia–United Nations Sustainable Development Partnership Framework (2016–21) refers to the prevalence of widespread child labour in Zambia, with an estimated 1.3 million children, aged 5–14 years, involved in child labour and an estimated 1.4 million working children aged 5–17 years involved in hazardous forms of work. In this regard, the Committee notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the practical difficulties encountered in the application of the Convention mainly hinges on cultural beliefs and practices that have continued to hamper the fight against child labour. Moreover, inadequate staff and resources also pose certain operational challenges in the fight against child labour. While noting the measures taken by the Government, the Committee must express its concern at the significant number of children who are involved in child labour, including in hazardous work. The Committee therefore urges the Government to intensify its efforts to ensure that children under the age of 15 years are not engaged in child labour in Zambia. The Committee also requests the Government to provide information on the application in practice of the provisions giving effect to the Convention, in particular the SI No. 121 of 2013 and the Employment Code No. 3 of 2019, including statistics on the number and nature of violations reported and penalties imposed.