Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Autre commentaire sur C138

Observation

Demande directe

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2019 and 29 September 2020, respectively.

Articles 1 and 2(1) of the Convention. 1. National policy, scope of application and application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that it continued to pursue its efforts to reintegrate children through the National Action Plan for Orphans and other Vulnerable Children (NAP-OVC) and the Basic Education Assistance Module (BEAM). However, it noted from the 2014 Child Labour Report of the Zimbabwe National Statistics Agency that 1.6 million children in the age group of 5–14 years were involved in some form of economic activity. More than 2.7 million children of this age group were engaged in non-economic activities or unpaid work. This report also indicated that paid child labour was more prevalent in the agricultural, forestry and fishing sectors. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2016, expressed concern at the persistence of child labour, including hazardous work, and at the exploitation of children, particularly from low-income households, in the informal economy, including low payment of wages and long working hours (CRC/C/ZWE/CO/2, paragraph 72). The Committee urged the Government to strengthen its efforts to ensure the progressive elimination of child labour in all sectors.

The Committee notes the observations of the ZCTU that child labour, including hazardous work, is still high particularly in the informal economy, domestic service, mining, agriculture and tobacco farms. Children as young as 12 years are employed in farming. The ZCTU states that the child labour situation has been worsened due to the poor socio-economic conditions and that the Government has failed in implementing its previous plan of action developed in this regard.

The Committee notes the Government’s information in its report that BEAM, one of the numerous forms of social protection measures, is being implemented to reach out to children who have never been to school due to social and economic constraints. The Committee notes the Government’s information in its supplementary report that in 2018, 415,000 and in 2019 583,547 orphans and vulnerable children have been supported with educational assistance through BEAM, respectively. This project aims to support a targeted 1,200,000 orphans and vulnerable children in 2020 for which the Government has increased the budgetary allocation to 450 million Zimbabwean dollars. The Government also indicates that the Ministry of Public Service, Labour and Social Welfare undertook a country-wide labour inspection initiative from April to July 2018. This initiative enabled all labour inspectors to visit workplaces and check compliance with the Labour Act, including child labour. The Government also indicates that it is in the process of formalizing the informal sector which would assist in reducing decent work deficits as well as child labour in the informal sector. The Committee further notes the information provided by the Government in its joint report of 2019 on the Labour Inspection Convention, 1947 (No.81) and the Labour Inspection (Agriculture) Convention, 1969 (No.129) that apart from the 120 Government labour inspectors that conduct inspections in the agricultural industry, the National Employment Council (NEC) for the Agricultural Industry also conducts inspections throughout the country. The NEC for Agriculture which has eight designated agents spread across the country, has carried out 301 labour inspections for the period from January to June 2019.

The Committee further notes from the National Action Plan for Orphans and Vulnerable Children Phase III, 2016–2020 (NAP-OVC) document that this framework will guide the activities of all stakeholders who are engaged in implementing coordinated interventions aimed at assisting children to meet their needs, fulfil their rights and ensure their protection from exploitation. The Committee, however, notes from the Government’s report that according to the findings of the Labour Force and Child Labour Survey of 2019, out of the 4.2 million children aged between 5–14 years, about one per cent of children are estimated to be in child labour with more boys engaged in child labour than girls. The survey report published in 2020 indicates that a greater proportion of children involved in child labour were in agriculture, forestry and fishing industry and the retail trade industry. The report also indicates that child labour is more prevalent among children aged between 10–14 years and that about three per cent of the children had never been to school while a quarter had dropped out-of-school. Noting that a significant number of children are engaged in child labour, the Committee once again urges the Government to strengthen its efforts to ensure the progressive elimination of child labour, including through the effective implementation of BEAM and the NAP-OVC. It requests the Government to provide information on the measures taken in this regard and on their impact in eliminating child labour. The Committee also requests the Government to continue to provide information on the labour inspection services undertaken by the labour inspectors and the NEC for Agriculture with regard to child labour and the number and nature of violations detected, including in the agricultural sector. In this regard, the Committee requests the Government to take the necessary measures to reinforce the capacities of the labour inspection services of the labour inspectorate and the NEC for Agriculture so as to enable them to adequately monitor and detect cases of child labour, including in the informal economy.

2. Minimum age. The Committee notes the Government’s information that the minimum age for entry into employment has been raised from 15 to 16 years. The Committee accordingly notes that section 11(a)(ii) of the Labour Act as amended by section 3 of the Labour Amendment Act of 2015 stipulates that no employer shall employ any person who is under the age of 16 years in any occupation. The Committee encourages the Government to take the necessary measures to raise the minimum age for admission to employment or work from 14 years (initially specified) to 16 years. In this regard, the Committee requests the Government to consider the possibility of sending a new declaration under Article 2(2) of the Convention thereby notifying the Director-General of the ILO that it has raised the minimum age that it had previously specified.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s information that primary education, which extends up to nine years, shall be completed at the age of 12 years. It also noted the Government’s information that various measures have been implemented, including: (i)the school feeding programme; (ii) non-formal education for school drop-outs; and (iii) a reduction in the cost of education which ensured school enrolment of children, their retention and completion of education and which addressed the issue of school drop-outs at all levels. However, noting that the age of completion of compulsory schooling was less than the minimum age for admission to employment, the Committee requested the Government to consider raising the age of completion of compulsory education so as to link it with the minimum age of 14 years for admission to employment or work.

The Committee notes with regret that the Government has not taken any legal measures in this regard. It notes the Government’s information that the Ministry of Primary and Secondary Education has not fixed any age for the completion of compulsory schooling. The Committee once again draws the Government’s attention to the necessity of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided for under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). 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 General Survey of 2012 on the fundamental Conventions, paragraph 371). The Committee therefore urges the Government to take the necessary measures to raise the age of completion of compulsory education so as to link it with the minimum age for admission to employment or work which is 16 years in accordance with the Labour Amendment Act of 2015. It requests the Government to provide information on any measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted that according to section 3(4) of the Labour Relations Regulations, children over 13 years of age may perform light work where such work is an integral part of a course of education or training and does not prejudice their education, health and safety. The Government stated that the Statutory Instrument 155 of 1999 giving the schedule of light work would be revised during the process of the labour law reform. The Committee requested the Government to provide information on any progress made in this regard.

The Committee notes the Government’s indication that the labour law reform is ongoing and once the amendments have been enacted, the process of revising the provisions of the Statutory Instrument 155 of 1999 on the types of light work activities, will be undertaken. The Committee therefore once again expresses the firm hope that the list of types of light work that may be performed by children from the age of 13 years will be revised and adopted in the near future. It requests the Government to provide information on any progress made in this regard.