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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. The Committee had previously noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child to allow the child to be in any street, premise or place for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). It had noted the Government’s information that the Ministry of Community Development initiated massive awareness-raising campaigns and sensitization programmes on the need for the public to stop giving financial and material assistance to street children who beg on the streets. The Committee notes that the Government’s report has no information with regard to the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging. The Committee therefore once again draws the Government’s attention to Article 3(c), read with Article 2 of the Convention, which requires the prohibition of using, procuring or offering a child under 18 years for illicit activities including begging. The Committee urges the Government to amend its legislation to prohibit the use, procuring or offering of children under 18 years for illicit activities, including begging.

Article 5. Monitoring mechanisms. 1. Labour inspectorates and police officers. The Committee had previously noted the Government’s statement that, according to the provisions of section 18 of the Employment of Young Persons and Children’s Act, labour officers are entitled to enter, at all reasonable times, upon any land, premises or industrial undertakings to ensure compliance with the Act. It had also noted that according to the Labour Department Annual Report of 2006, the labour officers inspected about 1,020 workplaces that year and that no cases of child labour were detected in the formal sector, although some cases of child labour were found in the informal sector. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the number of investigations carried out by the labour officers and the police, including in the informal sector, and on the number and nature of violations detected with regard to children under the age of 18 years.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee had previously noted that the District Child Labour Committees (DCLC) and Community Child Labour Committees (CCLC), established at the district and community levels, are entrusted with the mandate to monitor the implementation of the programmes on the elimination of the worst forms of child labour. It had also noted that the activities and performance of the DCLCs and CCLCs are assessed by the Child Labour Unit within the Ministry of Labour. The Committee notes the Government’s statement that due to the lack of transport and communication services, the DCLCs are not able to function effectively in the districts, and hence information on the number of children withdrawn and rehabilitated is not available. The Committee requests the Government to take the necessary measures to make the DCLCs functional, and thereafter requests it to provide information on the number of children withdrawn from the worst forms of child labour and rehabilitated pursuant to the implementation of the programmes monitored by the DCLCs and the CCLCs.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted the Government’s statement that it is in the process of soliciting inputs from stakeholders for the National Child Labour Action Plan which is expected to be finalized by December 2008. The Committee notes the information provided by the Government in its report under Convention No. 138, that the draft National Action Plan on Child Labour includes measures for the elimination of child labour in the informal sector, such as: awareness-raising and sensitization activities; prevention, withdrawal and reintegration measures; and the creation of an enabling environment for the implementation of various activities. The Committee requests the Government to take the necessary measures to ensure that the National Action Plan on Child Labour is adopted as soon as possible. It also requests the Government to provide information on the implementation of this action plan, once adopted and on the results achieved in terms of removing children from the worst forms of child labour and rehabilitating them.

Article 7, paragraph 1. Penalties. The Committee had previously observed that concerning the use, procuring or offering of a child for prostitution, the Employment of Young Persons and Children’s Act (sections 3 and 17(B)) and the Penal Code (sections 38, 140, 146, 147 and 149) provide for different penalties. It had noted the Government’s statement that the Zambian Law Development Commission has taken the initiative to harmonize various pieces of legislation in consultation with the stakeholders. The Committee had requested the Government to indicate the progress made in harmonizing the discrepancies with regard to the penalties. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to harmonize the discrepancies with regard to the penalties, as well as their applicability, for the offence related to the use, procuring or offering of a child for prostitution, as established under the Employment of Young Persons and Children’s Act and the Penal Code. It once again requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour.
1. Access to education. The Committee had previously noted the Government’s information that there had been a remarkable decline in the number of out-of-school children. According to the Education Statistical Bulletin of 2006, only 11.2 per cent of out-of-school children between the ages of 7 and 18 were recorded in 2006 and the number of schools offering primary education and secondary education had increased from 4,021 to 4,269 and from 2,221 to 2,498, respectively. It had also noted the Government’s statement that the gross enrolment ratio for grades one to nine had increased steadily from 2003 to 2007 and that it had adopted a policy to upgrade primary schools into basic schools in order to ensure that children have access to basic education up to grade nine. As per the Child Labour Survey Report of 2005, the incidence of child labour was estimated at 895,000 with 92 per cent of all working children residing and working in rural areas. According to the UNESCO Report entitled “Education For All – Global Monitoring Report, 2008”, in Zambia, the primary net enrolment rates had increased by more than 20 per cent between 1999 and 2005.

The Committee had also noted the information provided by the Worker Members at the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138), that Zambia does not yet have a system of free, compulsory, formal and public education and, therefore, it would not be able to succeed in eliminating child labour. The Worker Members also stated that, although the abolition of school fees had resulted in an increase in the school enrolment rates and a decrease in the number of out-of-school children from 760,000 to 228,000 between 1999 and 2005, disadvantaged children were still two to three times less likely to be in school than other children. The Committee notes the Government’s information in its report under Convention No. 138 that efforts are under way to make schooling compulsory up to basic education level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, including by increasing the school enrolment rates and reducing school drop-out rates, especially of children in the rural areas. It requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved. The Committee further requests the Government to provide information on any progress made with regard to the extension of compulsory schooling up to basic level.

2. Commercial sexual exploitation. The Committee had previously noted the Government’s indication that a Time-bound programme (TBP) entitled “Support to the development and implementation of time-bound measures against the worst forms of child labour in Zambia” was launched in 2006. It had also noted the Government’s statement that this TBP of 2006 also addresses the issues of child commercial sexual exploitation. The Committee notes that according to the ILO/IPEC Technical Progress Report of March 2009, within the framework of this TBP a total of 9,115 children (4,346 boys and 4,769 girls) were withdrawn or prevented from child labour through the provision of educational services or training opportunities, and 7,101 (3,280 boys and 3,821 girls) through other non‑educational services

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child domestic work. The Committee had previously noted that the ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and francophone Africa”, launched in 2004 and in which Zambia is a participating country had contributed to the development of a National Plan of Action to Combat Child Domestic Labour and provided recommendations for the child labour policy (ILO/IPEC, final report, 2006). The Committee once again requests the Government to provide information on the implementation of the National Plan of Action to Combat Child Domestic Labour and its impact on eliminating child domestic labour.

Clause (e). Special situation of girls. The Committee had previously noted that the Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE), which aimed at increasing enrolment, progression and quality of education by sensitizing the community and parents, creating single sex classes for girls and improving teaching methodology. According to the UNICEF document on “Strategies of Girls’ Education”, 2004, the PAGE programme in Zambia was so successful that it had been extended to the whole country. This project, piloted in 1995 in 20 schools, was operational in over 1,000 schools in all 72 districts by 2002. The Committee had also noted the Government’s information that it had taken measures to readmit pregnant teenage girls to school after giving birth. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the implementation of the PAGE and the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Child Labour Survey Report of 2005, which provided statistical information on the prevalence of child labour in Zambia. The Committee once again requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, including the violations under Article 3(a)–(c) of the Convention, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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Article 3 and Part V of the Convention. Worst forms of child labour and application in practice. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted the allegations of the International Trade Union Confederation (ITUC), that there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution and that combatants from neighbouring Angola kidnapped Zambian children to perform forced labour in Angola. It had also noted that there are criminal provisions in place prohibiting the sale and trafficking of children under 18 years for any purpose. However, based on the results of a study conducted by the ILO–IPEC on the nature and extent of trafficking in Zambia, the Committee had expressed concern at the prevalence of internal trafficking of children for domestic labour, farm work and commercial sexual exploitation and requested the Government to redouble its efforts to eliminate the trafficking of children for labour and sexual exploitation, and on the penalties imposed on the perpetrators.

The Committee notes the Government’s statement that three cases of child trafficking were reported under section 143 of the Penal Code (Amendment) Act of 2005, out of which two perpetrators were sentenced to twenty years of imprisonment while the third case is under investigation. In addition, two perpetrators of child trafficking were charged under the Immigration Act, for which prosecutions are under way. The Committee notes the Government’s statement that the reported cases have led to the withdrawal of six children from trafficking. The Committee requests the Government to continue providing information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied, for violations of the legal prohibitions on the sale and trafficking of children. It also requests the Government to provide information on the measures taken for the rehabilitation and social integration of the children withdrawn from trafficking.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted  the Government’s indication that it had formulated a “Statutory Instrument on hazardous work” which prohibits work in a covered worksite in any of the following types of occupations: excavation/drilling; stone crushing; block/brick-making; building; roofing; painting; tour guiding; selling/serving in bars; animal herding; fishing; working in tobacco and cotton fields; spraying of pesticides, herbicides and fertilizers; handling farm machinery and processing in industries. It had noted that section 3(a) of the Employment of Young Persons and Children (Amendment) Act of 2004 (EYPC), defines a child as a person under the age of 15 years and section 3(e) defines a young person as a person aged between 15 and 18 years. The Committee notes the information provided by the Government in its report under Convention No. 138 that the Hazardous Labour Statutory Instrument developed in collaboration with the social partners and stakeholders raised some legal concerns which are currently being considered by legal experts. The Committee expresses the firm hope that the Hazardous Labour Statutory Instrument, containing the list of types of hazardous work, will be adopted soon and requests the Government to provide a copy of it once it has been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted the establishment of 11 District Child Labour Committees to monitor the implementation of programmes to sensitize the public to child labour and its worst forms, as well as programmes to withdraw, rehabilitate and reintegrate identified children. It had also noted that six labour inspectors were trained in the prosecution of child trafficking cases. The Committee further noted the information provided by the Government representative of Zambia to the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138) that an Inter-Ministerial Committee on Human Trafficking was established to provide specialized intervention on human trafficking.

The Committee notes the Government’s statement that the role of the Inter‑Ministerial Committee on Human Trafficking includes: to coordinate programmes on protection, prevention and prosecution on human trafficking issues; and to help in the development and revision of policies and legislation on human trafficking. The Committee also notes the Government’s statement that the Inter-Ministerial Committee on Human Trafficking developed a draft communication strategy for the implementation of anti-trafficking measures; developed and adopted the Anti‑Human Trafficking Act of 2008; and set up the National Human Trafficking Secretariat. The Committee further notes the Government’s statement that the District Child Labour Committees have not so far dealt with any cases of child trafficking due to administrative and financial difficulties faced by these committees. The Committee requests the Government to take the necessary measures to make the District Child Labour Committees functional, and thereafter requests it to provide information on the number of children withdrawn and rehabilitated pursuant to the implementation of the programmes monitored by the District Child Labour Committees. It also requests the Government to provide further information on the implementation of the programmes on protection, prevention and prosecution on human trafficking coordinated by the Inter-Ministerial Committee on Human Trafficking, and the results achieved.

Article 7, paragraph 2. Effective time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee had noted the ITUC’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It had also noted that since the number of Zambians dying of HIV/AIDS had increased, the number of orphans had also increased and that nearly all of these children were working, particularly in hazardous work. The Committee had also noted that the Government developed a national HIV/AIDS policy which addresses the issues of orphans, as well as HIV-positive children and launched a National Decent Work Country Programme in December 2007, which has outlined HIV/AIDS prevention and elimination of child labour among its priorities. It had further noted the Government’s statement that, as of March 2008, there had been an increase in the number of children prevented and withdrawn from HIV/AIDS-induced child labour, through educational support, recreational and psychological support, and through income-generation activities for the families affected by HIV/AIDS. Many children who were integrated into formal and informal schools continued their education after receiving school requirements, and those who completed vocational skills training were provided with employment. The Committee had also noted that through the ILO–IPEC project entitled “Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa (September 2004 - December 2007)”, in Zambia a total of 1,124 children were withdrawn from exploitative child labour and 1,149 children were prevented from being engaged in exploitative child labour, through educational and social protection services.

The Committee had noted, however, that according to the “Report on the global AIDS epidemic” published by the Joint United Nations Programme on HIV/AIDS (UNAIDS), in July 2008 over 60,000 children aged below 17 years were HIV/AIDS orphans in Zambia. The Committee had observed with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. It had therefore requested the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the implementation of the national HIV/AIDS policy, the national Decent Work Country Programme and the results achieved in terms of the elimination of HIV/AIDS-induced child labour. The Committee notes that the Government’s report contains only information on the measures adopted to resolve the challenges associated with HIV/AIDS at work places. The Committee therefore once again requests the Government to provide information on the implementation of the national HIV/AIDS policy, the national Decent Work Country Programme and on the results achieved in terms of the elimination of HIV/AIDS-induced child labour. It encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour.

Article 8. International cooperation. The Committee had previously noted that the Zambia police service established a human trafficking desk as a way of cooperating with other countries to combat human trafficking. The Committee had requested the Government to provide information on the role of the human trafficking desk in combating cross-border trafficking in children. The Committee notes the Government’s indication that the human trafficking desk has not yet been established but the process has begun and has reached an advanced stage. According to the Government’s report, the human trafficking desk would enable the public to report cases of child trafficking to the police, thereby providing for a quick intervention on matters relating to child trafficking. The Committee requests the Government to provide further information on the progress made in the establishment of the human trafficking desk and on the number of cases of child trafficking reported. It also requests the Government to provide information on its impact in combating internal as well as cross-border trafficking in children.

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

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Article 3 of the Convention. The worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. In its previous comments, the Committee had noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child allow the child to be in any streets, premises or places for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging. The Committee notes the Government’s information that the Ministry of Community Development has initiated a massive awareness campaign and sensitization programmes on the need for the public to stop giving financial and material assistance to street children who beg on the streets. It notes, however, that the Government does not provide any information on the legal provisions prohibiting the use or procuring of a child under 18 years for begging. The Committee draws the Government’s attention to Article 3(c) read with Article 2 of the Convention which requires the prohibition of using, procuring or offering a child under 18 years for illicit activities. The Committee urges the Government to amend its legislation to prohibit the use, procuring or offering of children under 18 years for illicit activities, including begging.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that, by virtue of sections 2 and 8 of the Employment of Young Persons and Children (Amendment) Act of 2004, (EYPC Act of 2004) children aged 16 and over may perform night work, underground work, work in an unhealthy environment or with dangerous machinery. Noting that a list of the types of hazardous work was under preparation, the Committee had expressed its hope that the Government would take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee notes the Government’s report that the proposed “Statutory Instrument on hazardous work” prohibits work in a covered worksite in any of the following types of occupations: excavation/drilling; stone crushing; block/brick making; building; roofing; painting; tour guiding; selling/serving in bars; animal herding; fishing; working in tobacco and cotton fields; spraying of pesticides, herbicides and fertilizers; handling farm machinery and processing in industries. It also notes that section 3(a) of the EYPC Act of 2004 defines a child as a person under the age of 15 years and section 3(e) defines a young person as a person aged between 15 and 18 years. It further notes the Government’s indication that the social partners and all stakeholders were consulted in drafting the above list of types of hazardous work. The Committee expresses the firm hope that the Statutory Instrument containing the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 5. Monitoring mechanisms. 1. Labour inspectors and police officers. Noting that the EYPC Act of 2004 had extended its scope of application to commercial, agricultural and domestic worksites, as well as family undertakings, the Committee had previously requested the Government to indicate whether labour inspectors or police officers are entitled to enter such workplaces to ensure compliance with the Act. The Committee notes the Government’s statement that, according to the provisions of section 18 of the Employment of Young Persons and Children’s Act, labour officers are entitled to enter, at all reasonable times, upon any land, premises or industrial undertakings to ensure compliance with the Act. It notes, that according to the Labour Department Annual Report of 2006, the labour officers inspected about 1,020 workplaces that year. In 2006, no cases of child labour were detected in the formal sector although some cases of child labour were found in the informal sector. The Committee requests the Government to continue providing information on the number of investigations carried out by the labour officers and the police, including in the informal sector, and on the number and nature of violations detected with regard to children under the age of 18 years.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee notes that the District Child Labour Committees (DCLC) and Community Child Labour Committees (CCLC), established at the district and community levels, are entrusted with the mandate to monitor the implementation of the programmes on the elimination of the worst forms of child labour. It also notes that the activities and performance of the DCLCs and CCLCs are assessed by the Child Labour Unit within the Ministry of Labour. The Committee requests the Government to provide information on the number of children withdrawn from the worst forms of child labour and rehabilitated pursuant to the implementation of the programmes monitored by the District Child Labour Committees and the Community Child Labour Committees.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that it is in the process of soliciting inputs from stakeholders for the National Child Labour Action Plan which is expected to be finalized by December 2008. It also notes the Government’s indication that all district labour officers are being trained in analyzing the data and inputs collected and thereafter in preparing the National Child Labour Action Plan. The Committee requests the Government to provide information on the implementation of the National Child Labour Action Plan and the programmes of action established in this context, and on the results achieved in terms of the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously observed that concerning the use, procuring or offering of a child for prostitution, the Employment of Young Persons and Children’s Act (sections 3 and 17(B)) and the Penal Code (sections 38, 140, 146, 147 and 149) provide for different penalties. The Committee therefore had asked the Government to take the necessary measures to harmonize its legislation with regard to the penalties applicable to girls and boys under 18 years of age who are used, procured or offered for prostitution. The Committee notes the Government’s report that the Zambian Law Development Commission has taken the initiative to harmonize various pieces of legislation in consultation with the stakeholders. The Committee hopes that the Government will harmonize the discrepancies with regard to the penalties, as well as their applicability, for the offence related to the use, procuring or offering of a child for prostitution as established under the Employment of Young Persons and Children’s Act and the Penal Code. It requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 2. Time-Bound measures. The Committee notes the Government’s information that a Time-bound Programme (TBP) was launched in 2006. The Committee notes that according to the ILO/IPEC Technical Progress Report (Zambia TBP) of September 2008, the objective of the TBP entitled “Support to the development and implementation of time-bound measures against the Worst Forms of Child Labour in Zambia” is to contribute to the elimination of the worst forms of child labour through strengthening national capacity to formulate and implement a national TBP against the worst forms of child labour. The Committee notes that within the framework of this TBP a total of 5,952 children had benefited (2,081 children withdrawn and 3,871 prevented from child labour) through the provision of educational services or training opportunities, and 4,039 children (1,215 children withdrawn and 2,824 children prevented) through other non-educational services.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes the information provided by the Government in its report under Convention No. 138 that there had been a remarkable decline in the number of out-of-school children. According to the Education Statistical Bulletins of 2006, only 11.2 per cent of out-of-school children between the ages of 7 and 18 were recorded in 2006. The Education Statistical Bulletins of 2006 revealed that during the period from 2006 to 2007, the number of schools offering primary education increased from 4,021 to 4,269 and the number of schools offering secondary education increased from 2,221 to 2,498. The Government states that the gross enrolment ratio for grades one to nine has increased steadily from 2003 to 2007. The Government also indicates that it has adopted a policy to upgrade primary schools into basic schools in order to ensure that children have access to basic education up to grade nine. The Committee notes that, according to the Child Labour Survey Report of 2005, the incidence of child labour was estimated at 895,000. The results also indicated that child labour is predominantly a rural phenomenon with 92 per cent of all working children residing and working in rural areas. According to the UNESCO Report entitled Education For All – Global Monitoring Report, 2008, in Zambia, the primary net enrolment rates have increased by more than 20 per cent between 1999 and 2005.

The Committee notes the information provided by the Worker members at the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138), that Zambia does not yet have a system of free, compulsory, formal and public education and, therefore, it would not be able to succeed in eliminating child labour. The Worker members also stated that, due to the abolition of school fees, the total enrolment rates at school had increased, and the number of out-of-school children had fallen from 760,000 to 228,000 between 1999 and 2005. However, disadvantaged children were still two to three times less likely to be in school than other children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, including by increasing the school enrolment rates and reducing school dropout rates, especially of children in the rural areas. It requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved.

2. Commercial sexual exploitation. The Committee had previously noted that ILO/IPEC had launched an action programme to combat child trafficking and the commercial sexual exploitation of children in four towns of Zambia, namely Kapiri Mposhi, Chirunudu, Lusaka and Livingstone, 2004–06. It also notes that the objectives of this action programme include the withdrawal and prevention of 100 girls and boys from child trafficking and commercial sexual exploitation and providing them with alternatives such as formal education and skills training as well as to support 40 parents of the withdrawn children with income to start their income generating activities. According to the ILO/IPEC Technical Progress Report of March 2006, under this action programme, 18 children were provided with educational alternatives, including formal education and skills training. Income generating facilities were also provided to their parents. The Committee further notes the Government’s indication that the TBP of 2006 also addresses the issues of child sexual exploitation. The Committee requests the Government to provide information on the concrete measures taken within the framework of the TBP of 2006 to combat child sexual exploitation. It also requests the Government to provide information on the results achieved with regard to removing children under 18 years from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child domestic work. The Committee had previously noted that Zambia is participating in a two-year ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and francophone Africa” which was launched in 2004. This project, which was actively operational in two core countries, i.e. Zambia and Uganda, contributed to the prevention and withdrawal of a total of 3,656 children, mostly girls from child domestic labour and were provided with formal and vocational education alternatives. The project also contributed to the development of a National Plan of Action to Combat Child Domestic Labour and provided recommendations for the child labour policy (ILO/IPEC, Final Report, 2006). The Committee requests the Government to provide information on the implementation of the National Plan of Action to Combat Child Domestic Labour and its impact on eliminating child domestic labour.

Clause (e). Special situation of girls. The Committee had previously noted that the Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE) which aims at increasing enrolment, progression and quality of education by sensitizing community and parents, creating single sex classes for girls and improving teaching methodology. According to the UNICEF document on “Strategies of Girls’ Education”, 2004, the PAGE programme in Zambia has been so successful that it has been extended to the whole country. This project, piloted in 1995 in 20 schools, was operational in over 1,000 schools in all 72 districts by 2002. The Committee notes the information provided by the Government in its report under Convention No. 138 that it has taken measures to readmit pregnant teenage girls to school after giving birth. The Committee requests the Government to provide information on the implementation of the Programme for the Advancement of Girls’ Education and the results achieved.

Article 8. International cooperation. Poverty eradication programme. The Committee notes the Government’s statement that the poverty level in the country after the implementation of the Poverty Eradication Strategy Paper came down from 73 per cent to 67 per cent of the population. The Child Labour Survey of 2005 indicates that the incidence of child labour has drastically reduced from 1 million in 1999 to 895,246 in 2005.

Part V of the report form. Application of the Convention in practice. According to the Child Labour Survey Report of 2005, an estimated 785,712 children aged from 5 to 17 years were found to be in hazardous work with 674 children working in the mining and quarrying sector. The survey further indicated that 0.4 per cent of the child labourers in the age group of 15–17 and 0.1 per cent of those in the age group of 10–14 worked at night. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, including the violations under Article 3(a)–(c) of the Convention, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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Article 3 and Part V of the Convention. Worst forms of child labour and application in practice. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted the allegations of the International Trade Union Confederation (ITUC), according to which there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution and that combatants from neighbouring Angola kidnapped Zambian children to perform forced labour in Angola.

It had also observed that according to the ILO–IPEC study conducted in 2002, there were reports of internal child trafficking, especially in the central province, for the purpose of employing them in farms. The Committee had further noted that sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004, prohibit the sale and trafficking of children and young persons under 18 years of age. It had also noted the prohibition on trafficking of persons for sexual exploitation for slavery under sections 257 and 261 of the Penal Code, respectively.

The Committee notes that the Penal Code of Zambia was amended in 2005 to include explicit prohibitions against human trafficking. According to section 143 of the Penal Code (Amendment) of 2005, any person who sells or traffics in a child or other person for any purpose, or in any form, commits an offence and is liable, upon conviction, to imprisonment for a term of not less than 20 years.

It notes the Government’s information that, so far, three prosecutions under section 143 of the Penal Code (related to child trafficking) have been reported. The Committee notes with interest that the Government adopted an Anti-Human Trafficking Act No. 11 of 2008. According to sections 3(2) and (4) of the Act, any person who traffics a child (defined as a person under 18 years of age) for the purpose of engaging them in the worst forms of child labour shall be liable to imprisonment for 25–35 years. The Committee notes, however, that according to a study conducted by ILO–IPEC on the nature and extent of trafficking in Zambia (Working Paper on the Nature and Extent of Child Trafficking in Zambia, 2007) trafficking of children exists in Zambia, predominantly internal trafficking, for domestic labour, farm work and commercial sexual exploitation. The Committee notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee therefore requests the Government to redouble its efforts to take the necessary measures to eliminate trafficking of children for labour and sexual exploitation. It also requests the Government to take the necessary measures to ensure that persons who traffic in children are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee finally requests the Government to provide information on the progress made towards the adoption of the new Anti-Trafficking Bill and to provide a copy as soon as it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that 11 District Child Labour Committees and Community Child Labour Committees have been established with the mandate to monitor the implementation of programmes to sensitize the public on child labour and its worst forms as well as programmes to withdraw, rehabilitate and reintegrate identified children. The Committee also notes the Government’s information that the labour inspectors, with the support of other Government security forces, carry out child trafficking inspections within its jurisdiction. So far, six labour officers have been trained in the prosecution of child trafficking cases.

The Committee further notes the information provided by the Government representative of Zambia to the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138). The Government representative stated that active investigation of child trafficking was strengthened, and that an Inter-Ministerial Committee on Human Trafficking has been established in order to provide specialized intervention on human trafficking through its relevant law enforcement agencies. The Committee requests the Government to provide information on the number of investigations carried out and the prosecutions undertaken by the labour officers and the police and the findings with regard to the trafficking of children. The Committee also requests the Government to provide information on the number of children withdrawn from trafficking and rehabilitated pursuant to the implementation of the programmes monitored by the District Child Labour Committees. It finally requests the Government to provide information on the activities of the Inter-Ministerial Committee on Human Trafficking to prevent and combat the trafficking of children under 18, and the results achieved.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee had noted the ITUC’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It had also noted that since the number of Zambians dying of HIV/AIDS had increased, the number of orphans had also increased and that nearly all of these children were working, particularly in hazardous work.

The Committee notes the Government’s report that it has developed a National HIV/AIDS policy which addresses the issues of orphans as well as HIV-positive children. It also notes that the Government has launched a National Decent Work Country Programme in December 2007, which has outlined HIV/AIDS prevention and elimination of child labour among its priorities. It further notes the Government’s statement that, as of March 2008, there has been an increase in the number of children prevented and withdrawn from HIV/AIDS- induced child labour through educational support, recreational and psychological support, and through income generation activities for the families affected by HIV/AIDS. Many children who were integrated into formal and informal schools continued their education after receiving school requirements, and those who completed vocational skills training were provided with employment. The Committee finally notes the Government’s statement that the Employment Act Cap 268 of the Laws of Zambia, which is currently being reviewed, will include provisions dealing with HIV/AIDS.

The Committee notes that, according to the ILO–IPEC Progress Report, 2008, of the project entitled “Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa (September 2004 – December 2007)”, in Zambia a total of 1,124 children were withdrawn from exploitative child labour and 1,149 children prevented from being engaged in exploitative child labour, through educational and social protection services. Moreover, the project supported the Government’s efforts to mainstream HIV/AIDS issues in its national child labour policies and programmes. The Committee notes, however, that according to the information contained in the “Report on the global AIDS epidemic” published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in July 2008, over 600,000 children aged below 17 years are HIV/AIDS orphans in Zambia. While noting the measures taken by the Government, the Committee observes with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the results achieved. It further requests the Government to provide information on the implementation of the National HIV/AIDS policy and the National Decent Work Country Programme and on the results achieved in terms of the elimination of HIV/AIDS-induced child labour.

Article 8. International cooperation. The Committee had previously noted that Zambia is a member of Interpol, which assists cooperation between countries in the different regions, in the fight against trafficking of children. The Committee had asked the Government to provide information on the measures taken or envisaged to cooperate with countries to which Zambian children are trafficked. The Committee notes the Government’s information that the police service has created a human trafficking desk as a way of cooperating with other countries in order to combat human trafficking. The Committee requests the Government to provide information on the role of the human trafficking desk created by the police service in combating cross-border trafficking in children, and on the results achieved.

The Committee is also addressing a direct request to the Government concerning certain other points.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted that sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act prohibit the use, procuring or offering of a person under 18 years of age for “illicit activities, such as the production and trafficking of illegal drugs”. It also noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child, allow the child to be in any streets, premises or places for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging.

Article 3, clause (d). Hazardous work. The Committee noted that, according to sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, persons under 18 years of age shall not perform work that, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted that, according to the Government’s indication, a list of types of hazardous work is under preparation with the assistance of ILO/IPEC and shall be adopted by the end of 2005. It also noted that, by virtue of section 16 of the Factories Act of 1966, as amended in 1994, persons under the age of 18 years shall not be employed in work processes involving exposure to benzene or products containing benzene. Sections 2 and 8 of the Employment of Young Persons and Children’s Act, prohibit the employment of persons under 18 during the night. It nevertheless observes that, according to section 9 of the same Act, persons over 16 years of age may be employed at night time to perform work which, by reasons of the nature of the process, is required to be carried on continuously day and night. The derogation applies, for instance, to the manufacturing of iron and steel, glasswork, manufacturing of paper or raw sugar, and to gold mining reduction work.

The Committee further observed that, according to section 7(1) of the Act, “no person shall employ a young person under the age of 16 years in an industrial undertaking”. According to sections 3 and 6 of the Act, “industrial undertakings” refer to: (i) mines, quarries and other similar places; (ii) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up, demolished, or in which material are transformed (including shipbuilding, and the generation, transformation and transmission of electricity or motive of power of any kind); (iii) construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, dock, tunnel, bridge, telephonic installation, electrical undertaking, gaswork, waterwork (etc.); (iv) transport of passengers or goods by road, rail or inland waterway, including the handling of goods at docks, quays, wharves and warehouses; and (v) cordwood cutting. The Committee also noted that, by virtue of section 17(B) of the Employment of Young Persons and Children’s Act, “notwithstanding anything in this Act, a young person shall not be employed in any type of employment or work which by its nature or the circumstances in which it is carried out constitutes a worst form of child labour”.

Noting that children aged 16 and over may perform night work, underground work, work in an unhealthy environment or with dangerous machinery, the Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Noting that a list of types of hazardous work is under preparation and is likely to be adopted at the end of 2005, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide a copy of the list of types of hazardous work that, persons under 18, shall not be performed as soon as adopted. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned in drawing up this list.

Article 5. Monitoring mechanisms. 1. Labour inspectors and police officers. The Committee noted that, according to section 73 of the Factories Act, an inspector, who believes that the employment of a young person under 18 years of age in a factory is prejudicial to the young person’s health, may terminate that employment. Section 18 of the Employment of Young Persons and Children’s Act provides that labour inspectors and police officers are entitled to: (i) enter, at any reasonable time, a premise of any industrial undertakings; (ii) examine relevant material; and (iii) exercise such other powers as may be necessary to implement this Act. Noting that Act No. 10 of 2004, which amends the Employment of Young Persons and Children’s Act of 1993, extends its scope of application to commercial, agricultural and domestic worksites, as well as to family undertakings, the Committee asks the Government to indicate if labour inspectors or police officers are entitled to enter such workplaces to ensure compliance with the Act. It also requests the Government to provide information on the activities of labour inspectors and police officers, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It further asks the Government to provide information on the mechanisms designated to monitor the implementation of the penal provisions giving effect to the Convention.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee took note of the Government’s indication that new monitoring mechanisms have been developed following tripartite consultations; their suitability is being tested. It also noted that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 556-558), the Inter-Ministerial Committee on Child Labour and Technical Planning and Monitoring Groups are responsible for implementing the programmes concerning the economic exploitation of children. The Committee accordingly requests the Government to provide information on the concrete measures taken by the abovementioned bodies to monitor the implementation of the programmes on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the ICFTU’s allegations that, in 2001, 85 per cent of the 550,000 child workers were involved in the worst forms of child labour. It also noted that Zambia is participating in a three-year ILO/IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” which was launched in 2002. The programme aims at providing governments, workers’ and employers’ organizations, non-governmental organizations and other partners with the technical skills and organizational capacity to formulate and implement programmes to prevent the existence of the worst forms of child labour, as well as protecting, withdrawing, rehabilitating and reintegrating children who are engaged in the worst forms of child labour. With regard to Zambia, the ILO/IPEC report of 2002 identifies a commendable good practice, which is the sensitization and training of the police to identify children engaged in the worst forms of child labour and refer them to appropriate care giving institutions. The report further indicates that the Zambian Employers’ Federation has become a keen actor in promoting awareness amongst their members about the hazards and illegalities of exploitative child labour.

The Committee noted the Government’s indication that Zambia has not yet designed a national programme of action to eliminate as a priority the worst forms of child labour. However, funds have been secured from the treasury and ILO/IPEC to solicit the views of stakeholders on what should constitute a national programme of action. The Government added that the programme shall be designed by the end of 2005. The Committee observed that consultations concerning this programme are on going. The Committee asks the Government to keep it informed of any progress made in the adoption of the national programme of action.

Article 7, paragraph 1. Penalties. The Committee noted that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to one million penalty units or five to 25 years’ imprisonment or both for breach of the provisions prohibiting the employment of persons under 18 years of age in the worst forms of child labour as defined in the Convention.

The Committee nevertheless noted that concerning the use, procuring or offering of a child under 18 for prostitution, the Employment of Young Persons and Children’s Act and the Penal Code, provide for different penalties. Indeed, sections 3 and 17(B) of the Employment of Young Persons and Children’s Act, provide that whoever uses, procures or offers a person under 18 years of age for prostitution is liable to a fine of 200,000 to one million penalty units or to five to 25 years’ imprisonment or both. Sections 38, 140, 144, 146, 147 and 149 of the Penal Code provide that a person who uses, procures or offers a girl or a woman for prostitution is liable to a maximum of two years’ imprisonment or a fine, or both. The Committee accordingly asks the Government to take the necessary measures to harmonize its legislation with regard to the penalties applicable to girls and boys under 18 years of age who are used, procured or offered for prostitution.

Article 7, paragraph 2. Time-bound measures. The Committee noted the Government’s indication that, although the ILO/IPEC has been assisting various stakeholders, their programmes are not lasting long enough to have a serious impact considering the magnitude of the problem in the country. The Government added that Zambia needs a Time-Bound Programme (TBP) in order to effectively combat the worst forms of child labour. The Committee encourages the Government to collaborate with the ILO/IPEC in order to establish a TBP.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee noted that education is not compulsory in Zambia. However, once a child is enrolled, attendance is compulsory by virtue of sections 5(1) and 6(1) of the School (Compulsory Attendance) Regulations of 1970, as amended in 1994. It also took note of the ICFTU’s indication that 25 per cent of primary aged children do not receive any schooling and that, in 1999, less than 20 per cent of children reached secondary school. The UNICEF “Multiple Indicator Cluster Survey Report” (1999, page 17) indicates that only 62 per cent of children of primary school age were attending primary school in 1999. The Committee further observed that the Committee on the Rights of the Child (CRC/C/15/Add.206, 2 July 2003, paragraph 56), expressed its concern at the absence of free and compulsory education in Zambia, the decreasing budget allocation to education, the high drop-out and repeat rates, the poor quality of education and the lack of trained teachers, schools and relevant learning material. The Committee nevertheless noted the Government’s indication that primary education is now free and the capacity of community schools have been increased. The Government added that teachers will be better trained in order to improve the quality of education. The Committee encourages the Government to pursue its efforts and to make primary education compulsory. It also asks the Government to provide information on the results achieved.

2. Commercial sexual exploitation. The Committee noted the ICFTU’s allegations that child prostitution is prevalent in the country. It also noted that the Committee on the Rights of the Child, in its concluding observation (CRC/C/15/Add.206, 2 July 2003, paragraph 64) expressed its concern at the “large and increasing number of child victims of commercial sexual exploitation, including for prostitution and pornography, especially among girls, child orphans and other disadvantaged children” and at the “insufficient programmes for the physical and psychological recovery and social reintegration of child victims of sexual exploitation”. The Committee nevertheless noted that Zambia participated in the ILO Programme entitled “Combating child sexual exploitation in Four Anglophone African countries: Kenya, Tanzania, Uganda and Zambia” (2001 02). The country is also participating in a one-year ILO/IPEC action programme (2004-05) to combat child trafficking and the commercial sexual exploitation of children in Kapiri Mposhi, Chirundu, Lusaka and Livingstone. The Programme’s objectives are: (i) to raise awareness on the commercial sexual exploitation of children in Zambia; (ii) to establish, train and strengthen community volunteer teams to quickly respond to cases of commercial sexual exploitation of children; (iii) strengthening the capacities of community social workers, the police victim support unit officers, the judiciary, immigration officers to effectively implement the activities; and (iv) to conduct direct actions to withdraw, rehabilitate and reintegrate child victims of commercial sexual exploitation. The Committee asks the Government to provide information on the impact of the ILO/IPEC action programme (2004–05) on eliminating child sexual exploitation in Zambia, and on the adoption of any new time-bound and effective measures to combat the commercial sexual exploitation of children under 18.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee noted that, according to the ILO/IPEC report concerning the national programme on the elimination of child labour in Zambia of June 2004, an ILO/IPEC programme which ended in October 2003 resulted in the withdrawal of 1,646 children who were found working in the worst forms of child labour on the streets, in domestic work, in prostitution and in quarries and mines. These children were provided with rehabilitation measures and educational opportunities and their parents with income-generating opportunities. Another ILO/IPEC sectoral programme, which ended in 2004, contributed to the withdrawal and rehabilitation of 1,200 children who previously performed hazardous work in commercial agriculture.

Concerning child domestic workers, the Committee noted that a two-year ILO/IPEC programme entitled “Combating the exploitation of child domestic workers” was launched in 2002 to protect children from exploitative domestic labour, withdraw and rehabilitate those working under exploitative conditions. The programme resulted in the withdrawal of 290 girls and 220 boys from exploitative domestic work most of them received education. Zambia is also participating in a two-year ILO/IPEC programme entitled “preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa”, which was launched in May 2004. The programme aims at sensitizing education policy-makers, educators and school administrators, teachers, local artisans, local communities, the media and employers’ and workers’ organizations about child domestic labour and the importance of quality education as a means to prevent and eradicate it. The programme’s objectives for Zambia and Uganda are: (i) to withdraw 400 girls and 150 boys under 18 from exploitative domestic work and assist their parents through income-generation training; and (ii) to continue to support 2,100 girls and 790 boys who were withdrawn from exploitative work and placed in school. The Committee asks the Government to provide information on the impact of the ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa” on withdrawing children from the worst forms of child labour and ensuring their rehabilitation.

Clause (e). Special situation of girls. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 354-355) that the National policy on education gives high priority to the education of girls. The Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE) which aims at increasing enrolment, progression and quality of education by sensitizing the community and parents, creating single-sex classes for girls and improving teaching methodology. The Committee requests the Government to provide information on the results achieved.

Article 8. Poverty eradication programme. The Committee noted that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, page 12, paragraph 8), 85 per cent of the population live on less than US$1 per day. It also noted that Zambia qualified, in 2000, for the Heavily Indebted Poor Countries Initiative run by the IMF and the World Bank, which is a comprehensive approach to debt reduction for heavily indebted poor countries pursuing IMF and World Bank-supported adjustment and reform programmes. The Government had also adopted a Poverty Reduction Strategy Paper (PRSP), which focuses on poverty and HIV/AIDS reduction strategies, employment creation, agriculture promotion, tourism, education for all, and health care. It further noted the Government’s indication that the issue of child labour is addressed in the PRSP. The Committee accordingly asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee noted the Government’s indication that no decision of courts of law are available concerning the application of the legal provisions giving effect to the Convention. It asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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. The Committee previously noted the allegations of the International Trade Union Confederation (ITUC), according to which there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution. The ITUC also indicated that combatants from neighbouring Angola kidnap Zambian children and bring them to Angola to perform various forms of forced labour.

The Committee noted that sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004, prohibits the sale and trafficking of children and young persons under 18 years of age. The trafficking of persons for sexual exploitation is also prohibited under section 257 of the Penal Code. Section 261 of the Penal Code further provides that “any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave” commits an offence. The Committee also noted that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to 1 million penalty units and five to 25 years’ imprisonment for breach of the provisions prohibiting the sale and trafficking of children.

The Committee also noted that ILO–IPEC launched, in March 2004, a one-year action programme to combat child trafficking and commercial sexual exploitation of children in four towns in Zambia, namely Kapiri Mposhi, Chirundu, Lusaka and Livingstone. According to the ILO–IPEC action programme, there are reports of children being trafficked from the United Republic of Tanzania to Zambia, and from Zambia to Angola, the Democratic Republic of the Congo, Namibia and Zimbabwe. The Committee further observed that, according to an ILO–IPEC study conducted in 2002, there were reports of internal child trafficking, especially in the central province, for the purpose of employing children in farms. Teenagers are also reported to be trafficked to South Africa, Germany, Finland, France, Greece, Malawi, Namibia, Russian Federation, Sweden, Denmark and Italy. The programme’s objectives are to: (i) conduct a rapid assessment to determine the extent of child trafficking; (ii) raise awareness on this issue; (iii) establish, train and strengthen community volunteer teams to quickly respond to cases of child trafficking; (iv) strengthen the capacities of community social workers, police victim support unit officers, the judiciary and immigration officers to effectively implement the activities; and (v) conduct direct actions to withdraw, rehabilitate and reintegrate child victims of trafficking.

The Committee consequently noted that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee reminded the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. Finally, the Committee requests the Government to provide information on the results achieved under the above ILO–IPEC programme with regard to the removal, rehabilitation and social integration of child victims of trafficking.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. The Committee noted the ITUC’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It adds that since the number of Zambians dying of HIV/AIDS has increased, the number of orphans has increased too and that nearly all of these children are working, particularly in hazardous work. According to UNDP, 16 per cent of the population aged 15 to 49 is living with HIV/AIDS.

The Committee also observed that Zambia participates together with Uganda in an ILO–IPEC pilot project entitled “Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa” (September 2004–December 2007). According to the project report (page v), Zambia counted 630,000 children orphaned by HIV/AIDS in 2003. The project aims at expanding and sustaining education and skills training opportunities for child orphans withdrawn from the worst forms of child labour and preventing 3,600 children from engaging in such activities. The project also aims at using its experiences to expand the knowledge base around the issues of child labour and HIV/AIDS, in order to generate appropriate policy responses and expand the resources available to eliminate the worst forms of child labour, and promote a reduction in HIV/AIDS-related risks for girls and boys. According to the above ILO–IPEC project, Zambia has taken positive steps to combat child labour and HIV/AIDS. Thus, the draft national AIDS policy addresses the difficult situation of children orphaned by HIV/AIDS, including some 6 per cent who are street children. Some organizations provide services, such as psychological counselling, skills training, educational assessment and placement, food, clothing and health care for orphaned and vulnerable children. Orphaned children are thus withdrawn from the street and are provided with educational assistance. The Committee nevertheless noted that the ILO–IPEC report indicates that “the implications of the pandemic for abusive child labour remains unremarked” (Annex 9, page 96).

Considering that the HIV/AIDS pandemic has serious consequences for orphans who are more exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the results achieved.

Article 8. International cooperation. The Committee noted that Zambia is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to provide information on any measures taken or envisaged to cooperate with countries to which Zambian children are trafficked.

Parts IV and V of the report form. The Committee requests the Government to provide a copy of available data on trafficking of children for labour and sexual exploitation, including inspection reports, and information on the extent and trends of this worst form of child labour, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a request directly to the Government concerning other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the Government’s first report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002. It requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, by virtue of sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004 (Employment of Young Persons and Children’s Act), it is prohibited to employ persons under 18 in "all forms of slavery and all practices similar to slavery such as debt bondage, serfdom, forced and compulsory labour". It also notes that, according to section 261 of the Penal Code, it is prohibited to "import, export, remove, buy, sell or dispose of a person as a slave, or accept, receive or detain a person against his/her will as a slave". Forced labour is also prohibited under section 263 of the Penal Code.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, prohibits the forced or compulsory recruitment of persons under 18 years of age for use in armed conflicts. Section 5(1) of the National Service Act of 1971 as amended in 1994, provides that the appropriate authority may only enlist into the service male or female citizens aged 18 to 35 years.

Clause (b). The use, procuring or offering of a child for prostitution or for the production of pornography or for pornographic performances. The Committee notes that under sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, it is prohibited to "use, procure or offer a person under 18 years of age for prostitution, production of pornography or for pornographic performances".

Clause (c). 1. The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act prohibit the use, procuring or offering of a person under 18 years of age for "illicit activities, such as the production and trafficking of illegal drugs". It also notes that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child, allow the child to be in any streets, premises or places for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging.

Article 3, clause (d). Hazardous work. The Committee notes that, according to sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, persons under 18 years of age shall not perform work that, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, according to the Government’s indication, a list of types of hazardous work is under preparation with the assistance of ILO/IPEC and shall be adopted by the end of 2005. It also notes that, by virtue of section 16 of the Factories Act of 1966, as amended in 1994, persons under the age of 18 years shall not be employed in work processes involving exposure to benzene or products containing benzene. Sections 2 and 8 of the Employment of Young Persons and Children’s Act, prohibit the employment of persons under 18 during the night. It nevertheless observes that, according to section 9 of the same Act, persons over 16 years of age may be employed at night time to perform work which, by reasons of the nature of the process, is required to be carried on continuously day and night. The derogation applies, for instance, to the manufacturing of iron and steel, glasswork, manufacturing of paper or raw sugar, and to gold mining reduction work.

The Committee further observes that, according to section 7(1) of the Act, "no person shall employ a young person under the age of 16 years in an industrial undertaking". According to sections 3 and 6 of the Act, "industrial undertakings" refer to: (i) mines, quarries and other similar places; (ii) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up, demolished, or in which material are transformed (including shipbuilding, and the generation, transformation and transmission of electricity or motive of power of any kind); (iii) construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, dock, tunnel, bridge, telephonic installation, electrical undertaking, gaswork, waterwork (etc.); (iv) transport of passengers or goods by road, rail or inland waterway, including the handling of goods at docks, quays, wharves and warehouses; and (v) cordwood cutting. The Committee also notes that, by virtue of section 17(B) of the Employment of Young Persons and Children’s Act, "notwithstanding anything in this Act, a young person shall not be employed in any type of employment or work which by its nature or the circumstances in which it is carried out constitutes a worst form of child labour".

Noting that children aged 16 and over may perform night work, underground work, work in an unhealthy environment or with dangerous machinery, the Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Noting that a list of types of hazardous work is under preparation and is likely to be adopted at the end of 2005, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide a copy of the list of types of hazardous work that, persons under 18, shall not be performed as soon as adopted. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned in drawing up this list.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that the identification of the type of work which constitutes the worst forms of child labour was agreed upon during the tripartite labour law reform discussion. Indeed, the Committee notes that the Employment of Young Persons and Children’s Act was amended in 2004, so as to extend its scope of application to "any public or private undertaking, including commercial, agricultural or domestic worksite and undertakings in which only members of the same family are employed".

Article 5. Monitoring mechanisms. 1. Labour inspectors and police officers. The Committee notes that, according to section 73 of the Factories Act, an inspector, who believes that the employment of a young person under 18 years of age in a factory is prejudicial to the young person’s health, may terminate that employment. Section 18 of the Employment of Young Persons and Children’s Act provides that labour inspectors and police officers are entitled to: (i) enter, at any reasonable time, a premise of any industrial undertakings; (ii) examine relevant material; and (iii) exercise such other powers as may be necessary to implement this Act. Noting that Act No. 10 of 2004, which amends the Employment of Young Persons and Children’s Act of 1993, extends its scope of application to commercial, agricultural and domestic worksites, as well as to family undertakings, the Committee asks the Government to indicate if labour inspectors or police officers are entitled to enter such workplaces to ensure compliance with the Act. It also requests the Government to provide information on the activities of labour inspectors and police officers, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It further asks the Government to provide information on the mechanisms designated to monitor the implementation of the penal provisions giving effect to the Convention.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee takes note of the Government’s indication that new monitoring mechanisms have been developed following tripartite consultations; their suitability is being tested. It also notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 556-558), the Inter-Ministerial Committee on Child Labour and Technical Planning and Monitoring Groups are responsible for implementing the programmes concerning the economic exploitation of children. The Committee accordingly requests the Government to provide information on the concrete measures taken by the abovementioned bodies to monitor the implementation of the programmes on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the ICFTU’s allegations that, in 2001, 85 per cent of the 550,000 child workers were involved in the worst forms of child labour. It also notes that Zambia is participating in a three-year ILO/IPEC programme entitled "Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa" which was launched in 2002. The programme aims at providing governments, workers’ and employers’ organizations, non-governmental organizations and other partners with the technical skills and organizational capacity to formulate and implement programmes to prevent the existence of the worst forms of child labour, as well as protecting, withdrawing, rehabilitating and reintegrating children who are engaged in the worst forms of child labour. With regard to Zambia, the ILO/IPEC report of 2002 identifies a commendable good practice, which is the sensitization and training of the police to identify children engaged in the worst forms of child labour and refer them to appropriate care giving institutions. The report further indicates that the Zambian Employers’ Federation has become a keen actor in promoting awareness amongst their members about the hazards and illegalities of exploitative child labour.

The Committee notes the Government’s indication that Zambia has not yet designed a national programme of action to eliminate as a priority the worst forms of child labour. However, funds have been secured from the treasury and ILO/IPEC to solicit the views of stakeholders on what should constitute a national programme of action. The Government adds that the programme shall be designed by the end of 2005. The Committee observes that consultations concerning this programme are on going. The Committee asks the Government to keep it informed of any progress made in the adoption of the national programme of action.

Article 7, paragraph 1. Penalties. The Committee notes that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to one million penalty units or five to 25 years’ imprisonment or both for breach of the provisions prohibiting the employment of persons under 18 years of age in the worst forms of child labour as defined in the Convention.

The Committee nevertheless notes that concerning the use, procuring or offering of a child under 18 for prostitution, the Employment of Young Persons and Children’s Act and the Penal Code, provide for different penalties. Indeed, sections 3 and 17(B) of the Employment of Young Persons and Children’s Act, provide that whoever uses, procures or offers a person under 18 years of age for prostitution is liable to a fine of 200,000 to one million penalty units or to five to 25 years’ imprisonment or both. Sections 38, 140, 144, 146, 147 and 149 of the Penal Code provide that a person who uses, procures or offers a girl or a woman for prostitution is liable to a maximum of two years’ imprisonment or a fine, or both. The Committee accordingly asks the Government to take the necessary measures to harmonize its legislation with regard to the penalties applicable to girls and boys under 18 years of age who are used, procured or offered for prostitution.

Article 7, paragraph 2. Time-bound measures. The Committee notes the Government’s indication that, although the ILO/IPEC has been assisting various stakeholders, their programmes are not lasting long enough to have a serious impact considering the magnitude of the problem in the country. The Government adds that Zambia needs a Time-Bound Programme (TBP) in order to effectively combat the worst forms of child labour. The Committee encourages the Government to collaborate with the ILO/IPEC in order to establish a TBP.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes that education is not compulsory in Zambia. However, once a child is enrolled, attendance is compulsory by virtue of sections 5(1) and 6(1) of the School (Compulsory Attendance) Regulations of 1970, as amended in 1994. It also takes note of the ICFTU’s indication that 25 per cent of primary aged children do not receive any schooling and that, in 1999, less than 20 per cent of children reached secondary school. The UNICEF "Multiple Indicator Cluster Survey Report" (1999, page 17) indicates that only 62 per cent of children of primary school age were attending primary school in 1999. The Committee further observes that the Committee on the Rights of the Child (CRC/C/15/Add.206, 2 July 2003, paragraph 56), expressed its concern at the absence of free and compulsory education in Zambia, the decreasing budget allocation to education, the high drop-out and repeat rates, the poor quality of education and the lack of trained teachers, schools and relevant learning material. The Committee nevertheless notes the Government’s indication that primary education is now free and the capacity of community schools have been increased. The Government adds that teachers will be better trained in order to improve the quality of education. The Committee encourages the Government to pursue its efforts and to make primary education compulsory. It also asks the Government to provide information on the results achieved.

2. Commercial sexual exploitation. The Committee notes the ICFTU’s allegations that child prostitution is prevalent in the country. It also notes that the Committee on the Rights of the Child, in its Concluding Observation (CRC/C/15/Add.206, 2 July 2003, paragraph 64) expressed its concern at the "large and increasing number of child victims of commercial sexual exploitation, including for prostitution and pornography, especially among girls, child orphans and other disadvantaged children" and at the "insufficient programmes for the physical and psychological recovery and social reintegration of child victims of sexual exploitation". The Committee nevertheless notes that Zambia participated in the ILO Programme entitled "Combating child sexual exploitation in Four Anglophone African countries: Kenya, Tanzania, Uganda and Zambia" (2001-02). The country is also participating in a one-year ILO/IPEC action programme (2004-05) to combat child trafficking and the commercial sexual exploitation of children in Kapiri Mposhi, Chirundu, Lusaka and Livingstone. The Programme’s objectives are: (i) to raise awareness on the commercial sexual exploitation of children in Zambia; (ii) to establish, train and strengthen community volunteer teams to quickly respond to cases of commercial sexual exploitation of children; (iii) strengthening the capacities of community social workers, the police victim support unit officers, the judiciary, immigration officers to effectively implement the activities; and (iv) to conduct direct actions to withdraw, rehabilitate and reintegrate child victims of commercial sexual exploitation. The Committee asks the Government to provide information on the impact of the ILO/IPEC action programme (2004-05) on eliminating child sexual exploitation in Zambia, and on the adoption of any new time-bound and effective measures to combat the commercial sexual exploitation of children under 18.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that, according to the ILO/IPEC report concerning the national programme on the elimination of child labour in Zambia of June 2004, an ILO/IPEC programme which ended in October 2003 resulted in the withdrawal of 1,646 children who were found working in the worst forms of child labour on the streets, in domestic work, in prostitution and in quarries and mines. These children were provided with rehabilitation measures and educational opportunities and their parents with income-generating opportunities. Another ILO/IPEC sectoral programme, which ended in 2004, contributed to the withdrawal and rehabilitation of 1,200 children who previously performed hazardous work in commercial agriculture.

Concerning child domestic workers, the Committee notes that a two-year ILO/IPEC programme entitled "Combating the exploitation of child domestic workers" was launched in 2002 to protect children from exploitative domestic labour, withdraw and rehabilitate those working under exploitative conditions. The programme resulted in the withdrawal of 290 girls and 220 boys from exploitative domestic work most of them received education. Zambia is also participating in a two-year ILO/IPEC programme entitled "preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa", which was launched in May 2004. The programme aims at sensitizing education policy-makers, educators and school administrators, teachers, local artisans, local communities, the media and employers’ and workers’ organizations about child domestic labour and the importance of quality education as a means to prevent and eradicate it. The programme’s objectives for Zambia and Uganda are: (i) to withdraw 400 girls and 150 boys under 18 from exploitative domestic work and assist their parents through income-generation training; and (ii) to continue to support 2,100 girls and 790 boys who were withdrawn from exploitative work and placed in school. The Committee asks the Government to provide information on the impact of the ILO/IPEC programme entitled "Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa" on withdrawing children from the worst forms of child labour and ensuring their rehabilitation.

Clause (c ). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that, according to the ILO/IPEC report concerning the national programme on the elimination of child labour in Zambia (June 2004), the Ministry of Sport, Youth and Child Development plans to withdraw and rehabilitate 1,000 street children and place them in Zambia National Service Camps where they will be provided with alternatives such as education and skills training.

Clause (e). Special situation of girls. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 354-355) that the National policy on education gives high priority to the education of girls. The Ministry of Education has launched a Programme for the Advancement of Girls’ Education (PAGE) which aims at increasing enrolment, progression and quality of education by sensitizing the community and parents, creating single-sex classes for girls and improving teaching methodology. The Committee requests the Government to provide information on the results achieved.

Article 7, paragraph 3. Competent authority responsible for the implementation of the measures giving effect to the Convention. The Committee notes the Government’s indication that the child labour unit which was established within the Ministry of Labour and Social Security is responsible for implementing the provisions giving effect to the Convention.

Article 8. 1. International cooperation. The Committee notes that Zambia ratified the Convention on the Rights of the Child in 1991.

2. Poverty eradication programme. The Committee notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, page 12, paragraph 8), 85 per cent of the population live on less than US$1 per day. It also notes that Zambia qualified, in 2000, for the Heavily Indebted Poor Countries Initiative run by the IMF and the World Bank, which is a comprehensive approach to debt reduction for heavily indebted poor countries pursuing IMF and World Bank-supported adjustment and reform programmes. The Government has also adopted a Poverty Reduction Strategy Paper (PRSP), which focuses on poverty and HIV/AIDS reduction strategies, employment creation, agriculture promotion, tourism, education for all, and health care. It further notes the Government’s indication that the issue of child labour is addressed in the PRSP. The Committee accordingly asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that no decision of courts of law are available concerning the application of the legal provisions giving effect to the Convention. It asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

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The Committee notes the Government’s first report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issue of trafficking of children can be examined more specifically under Convention No. 182. The Committee requests the Government to supply further information on the following points.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the allegations of the ICFTU, according to which there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution. The ICFTU also indicated that combatants from neighbouring Angola kidnap Zambian children and bring them to Angola to perform various forms of forced labour.

The Committee notes that sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004, prohibits the sale and trafficking of children and young persons under 18 years of age. The trafficking of persons for sexual exploitation is also prohibited under section 257 of the Penal Code. Section 261 of the Penal Code further provides that "any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave" commits an offence. The Committee also notes that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to 1 million penalty units and five to 25 years’ imprisonment for breach of the provisions prohibiting the sale and trafficking of children.

The Committee also notes that ILO/IPEC launched, in March 2004, a one-year action programme to combat child trafficking and commercial sexual exploitation of children in four towns in Zambia, namely Kapiri Mposhi, Chirundu, Lusaka and Livingstone. According to the ILO/IPEC action programme, there are reports of children being trafficked from the United Republic of Tanzania to Zambia, and from Zambia to Angola, the Democratic Republic of the Congo, Namibia and Zimbabwe. The Committee further observes that, according to an ILO/IPEC study conducted in 2002, there were reports of internal child trafficking, especially in the central province, for the purpose of employing children in farms. Teenagers are also reported to be trafficked to South Africa, Germany, Finland, France, Greece, Malawi, Namibia, Russian Federation, Sweden, Denmark and Italy. The programme’s objectives are to: (i) conduct a rapid assessment to determine the extent of child trafficking; (ii) raise awareness on this issue; (iii) establish, train and strengthen community volunteer teams to quickly respond to cases of child trafficking; (iv) strengthen the capacities of community social workers, police victim support unit officers, the judiciary and immigration officers to effectively implement the activities; and (v) conduct direct actions to withdraw, rehabilitate and reintegrate child victims of trafficking.

The Committee consequently notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. Finally, the Committee requests the Government to provide information on the results achieved under the above ILO/IPEC programme with regard to the removal, rehabilitation and social integration of child victims of trafficking.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. The Committee notes the ICFTU’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It adds that since the number of Zambians dying of HIV/AIDS has increased, the number of orphans has increased too and that nearly all of these children are working, particularly in hazardous work. According to UNDP, 16 per cent of the population aged 15 to 49 is living with HIV/AIDS.

The Committee also observes that Zambia participates together with Uganda in an ILO/IPEC pilot project entitled "Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa" (September 2004-December 2007). According to the project report (page v), Zambia counted 630,000 children orphaned by HIV/AIDS in 2003. The project aims at expanding and sustaining education and skills training opportunities for child orphans withdrawn from the worst forms of child labour and preventing 3,600 children from engaging in such activities. The project also aims at using its experiences to expand the knowledge base around the issues of child labour and HIV/AIDS, in order to generate appropriate policy responses and expand the resources available to eliminate the worst forms of child labour, and promote a reduction in HIV/AIDS-related risks for girls and boys. According to the above ILO/IPEC project, Zambia has taken positive steps to combat child labour and HIV/AIDS. Thus, the draft national AIDS policy addresses the difficult situation of children orphaned by HIV/AIDS, including some 6 per cent who are street children. Some organizations provide services, such as psychological counselling, skills training, educational assessment and placement, food, clothing and health care for orphaned and vulnerable children. Orphaned children are thus withdrawn from the street and are provided with educational assistance. The Committee nevertheless notes that the ILO/IPEC report indicates that "the implications of the pandemic for abusive child labour remains unremarked" (Annex 9, page 96).

Considering that the HIV/AIDS pandemic has serious consequences for orphans who are more exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the results achieved.

Article 8. International cooperation. The Committee notes that Zambia is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to provide information on any measures taken or envisaged to cooperate with countries to which Zambian children are trafficked.

Parts IV and V of the report form. The Committee requests the Government to provide a copy of available data on trafficking of children for labour and sexual exploitation, including inspection reports, and information on the extent and trends of this worst form of child labour, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a request directly to the Government concerning other detailed points.