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Worst Forms of Child Labour Convention, 1999 (No. 182) - Zimbabwe (RATIFICATION: 2000)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted the Government’s statement that it has had consultations with the relevant stakeholders on the development of a draft bill on human trafficking and that the Office of the Attorney-General was in the process of drafting this bill. The Committee expressed its concern that comprehensive legislation has yet to be adopted to prohibit the trafficking of persons under 18 years of age, including their trafficking for the purpose of labour exploitation.

The Committee notes with interest that the Trafficking in Persons Act, 2014, which contains provisions prohibiting the trafficking of children has been adopted. According to Section 3 of this Act, any person, who involuntarily (that is by force, violence, threats or fraud) or voluntarily or knowingly (by acts of recruiting, transferring, harbouring, receiving, attempting, assisting, procuring or facilitating) involves any other person in trafficking by transporting him or her into, outside or within Zimbabwe, for unlawful purposes (for the purposes of prostitution, pornography, debt bondage, forced labour or servitude (Section 2)) shall be punished. Moreover, Section 3(2)(3) of the Trafficking in Persons Act, makes the offence of trafficking a child under the age of 18 as aggravating circumstances, punishable with imprisonment for life or for any definite period of not less than ten years. The Committee requests the Government to provide information on the application in practice of Section 3(2)(3) of the Trafficking in Persons Act, including the number of offences detected related to the trafficking of children under the age of 18 years and penalties applied.

Article 6. Programmes of action. Trafficking. The Committee notes the information from the website of the United Nations Office on Drugs and Crime that the Government of Zimbabwe has launched the Trafficking in Persons National Plan of Action in July 2016 which focuses on the four interventions, namely prevention, prosecution, protection and partnership. The Committee requests the Government to provide information on the concrete measures taken to combat the sale and trafficking of persons under the age of 18 years within the framework of the Trafficking in Persons National Plan of Action. It also requests the Government to provide information on its implementation as well as the results achieved in terms of the number of children removed from this worst form of child labour and provided assistance.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. Street children. Following its previous comments, the Committee notes the Government’s information that the Street Children Fund (SCF) which supports the reintegration of street children assisted a total of 150 boys and 177 girls in 2015. The Government also indicates that it continues to implement its social protection initiatives, including through the National Case Management System which involves communities in the care and protection of children. The Government further indicates that it has introduced family clubs which oversee the welfare of children and help in preventing them from being involved in exploitative activities on the streets. The Committee encourages the Government to pursue its efforts to protect street children under 18 years of age from the worst forms of child labour. It requests the Government to continue to provide information on the number of children assisted through the SCF as well as the impact of the National Case Management System and family clubs in protecting street children.

2. Children engaged in mining activities. The Committee previously noted the Zimbabwe Congress of Trade Unions’ (ZCTU) statement that one of the worst forms of child labour most common in Zimbabwe is work in the mining sector, where children scavenge for minerals to survive. It also noted that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day.

The Committee notes the Government’s information that the Ministry of Mines and Mining Development works together with the law enforcement bodies to remove children from illegal mining activities. The Committee requests the Government to provide information on the number of children removed from illegal mining activities by the Ministry of Mines and Mining Development and provided assistance for rehabilitation and reintegration.

Application of the Convention in practice. In its previous comments, the Committee observed that there does not appear to be clear data on the number of children under 18 years of age who are engaged in the worst forms of child labour, including hazardous work.

The Committee notes the Government’s information that measures will be taken to include a module on the worst forms of child labour in its forthcoming Child Labour Survey. The Committee expresses the firm hope that the module on worst forms of child labour will be included in its forthcoming Child Labour Survey and that the information on its findings, particularly on the worst forms of child labour, will be made available.