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Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that neither the Children’s Protection and Adoption Act (Children’s Act) nor the Sexual Offences Act contained specific provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. However, the Committee noted that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. It also noted that section 8 of the Children’s Act made it an offence to cause or conduce a person under 18 to commit “immoral acts”. It requested the Government to indicate the meaning of the term “immoral acts”.

The Committee notes the Government’s statement that “immoral acts” is to be construed widely, to advance the intention of the Children’s Act, which is the protection and promotion of the welfare and rights of children. The Committee requests the Government to provide information on the application in practice of sections 8 and 10(1)(d) of the Children’s Act, with regard to the use, procuring and offering of a child for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that section 13 of the Children’s Act punishes anyone who encourages, trains or knowingly provides a child or young person with facilities to commit an offence. It requested the Government to indicate whether the use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs is prohibited under this section. The Committee notes the Government’s statement that the use, procuring or offering a child for illicit activities is within the ambit of section 13 of the Children’s Act.

Article 4(3). Periodic examination of the list of hazardous work. The Committee previously noted Government’s indication that a revision of the list of types of hazardous work was being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project). The Committee notes the Government’s statement that further information will be provided during the implementation of phase II of the WFCL Project. The Committee requests the Government to provide information in its next report on any progress made concerning the revision of the list of the types of hazardous work.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that the WFCL Project (phase I) was launched by the Government of Zimbabwe in cooperation with ILO–IPEC, UNDP, UNESCO and the IOM. A national steering committee, consisting of representatives from the Ministry of Public Service, Labour and Social Welfare, and other relevant ministries, as well as employers’ and workers’ representatives, was set up to guide the WFCL Project in the following objectives: (a) identifying the worst forms of child labour existing in Zimbabwe; (b) designing a Time-bound Programme (TBP) to eliminate the identified worst forms of child labour (phase I); and (c) implementing the TBP (phase II).

The Committee notes that, pursuant to these objectives, a Rapid Assessment Survey identifying the worst forms of child labour in Zimbabwe (Rapid Assessment Survey) was conducted in September 2008, and that a draft Five-Year National Programme for the Elimination of the Worst Forms of Child Labour, from the Ministry of Labour and Social Services (draft WFCL document) was produced in April 2009. The draft WFCL document indicates that the project design and implementation (phase II of the WFCL project) remains to be done. The Committee requests the Government to take the necessary measures to ensure the elaboration and completion of the WFCL Project TBP without delay, and to ensure the commencement of its implementation in the near future. The Committee requests the Government to provide information on progress made in this regard and, once implementation begins, to provide information on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee previously noted that the Ruwa Rehabilitation Centre provides vocational training for children removed from the worst forms of child labour. It noted the Government’s information that the Ruwa Rehabilitation Centre continues to cater for the needs of children under difficult circumstances and that it would provide information regarding the results achieved by the Centre in the future. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide statistical information on the number of children removed from the worst forms of child labour and rehabilitated through the Ruwa Rehabilitation Centre, as soon as it becomes available.

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The Committee notes the communication of the Zimbabwe Congress of Trade Unions (ZCTU) dated 21 September 2009, as well as the Government’s brief report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 11 of the Sexual Offences Act No. 8 of 2001 prohibits procuring any person to leave Zimbabwe for purposes of sexual exploitation. It also noted the Government’s statement that the Children’s Protection and Adoption Act (Children’s Act) would be amended in order to deal explicitly with the sale and trafficking of children. The Committee further noted that Zimbabwean children were trafficked both internally and to other countries, for forced agricultural labour, domestic servitude and sexual exploitation, though observed that that the existing legislation only covered trafficking for purposes of sexual exploitation.

The Committee notes the ZCTU’S statement of the existence of trafficking of children to other countries in the region, such as Botswana and South Africa. The Committee notes the Government’s statement that it is in the process of enacting legislation to address trafficking in persons, for the purposes of both sexual and labour exploitation. However, the Committee observes that the Government has referred to forthcoming amendments prohibiting the trafficking of children since 2005. It also notes the information in the 2009 Report on the Trafficking in Persons, available on the website of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that, although the Government indicated that it was drafting comprehensive trafficking legislation, such a draft was neither publicly available nor introduced into Parliament.

The Committee notes the statement in the 2009 UNODC Global Report on Trafficking in Persons that, due to the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the recent years. The Committee notes that the Trafficking Report indicates that internal trafficking had increased during the previous year (largely due to the closure of schools, worsening political violence and a faltering economy). The Trafficking Report further indicates that children in rural areas were trafficked within Zimbabwe, to farms for agricultural labour and to cities for forced domestic labour and commercial sexual exploitation. The Committee observes that the current legislation does not appear to prohibit this internal trafficking, nor the trafficking of children to other countries for the purpose of labour exploitation. Therefore, recalling that Article 1 of the Convention requires member States to take immediate measures to prohibit the worst forms of child labour as a matter of urgency, the Committee urges the Government to take the necessary measures to ensure that legislation prohibiting the sale and trafficking of children (including internal trafficking) for both labour and sexual exploitation is adopted in the very near future. It requests the Government to provide information on progress made in this regard, and to provide a copy of the relevant legislation, once adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the information contained in the report for the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project report) that Zimbabwe, while making significant progress towards the achievement of universal primary education in the 1990s, faced a decline in its net enrolment and completion rates of primary education, due to ongoing socio-economic challenges. It noted that the resources allocated to education by the Government were largely inadequate and, as a result, the number of school drop-outs had been constantly increasing in recent years, affecting girls disproportionately. The Committee also noted the information in the 2004 labour force survey that, out of the 3 million children aged 5–17 years, 8.2 per cent had never attended school, while 10.6 per cent had left school. However, the Committee noted that the Government had embarked, in 2001, upon the Basic Education Assistance Module (BEAM) with the primary objective of reducing the number of children dropping out of school, and to reach those who had never been to school due to economic hardship. It requested the Government to provide updated statistical information on the primary education enrolment and drop-out rates.

The Committee notes the ZCTU’s contention that school drop-outs are a common phenomenon in Zimbabwe. The Committee also notes the Government’s indication that the statistical information requested by the Committee will be compiled and supplied in due course. The Committee further notes the information in a UNICEF report of 26 May 2010 entitled “UNICEF Humanitarian Action Update: Zimbabwe” that the BEAM was revitalized in 2009 with strong support from several donors, and has supported over 550,000 children across 5,400 primary schools. However, the Committee notes the information in the Rapid Assessment Survey identifying the worst forms of child labour in Zimbabwe, conducted in September 2008 (Rapid Assessment Survey), that, of the children surveyed, 70 per cent had dropped out or never attended school (the Survey focused on children working in the worst forms of child labour). This Survey further indicates that, for these children, the cost of education was a major obstacle in their access to education: of the children surveyed who had dropped out of school, 48 per cent had done so because their parents could not pay for school fees, and of the children who had never attended school, 59 per cent said that this was due to financial reasons. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to ensure access to free basic education to all children in Zimbabwe. The Committee requests the Government to provide information on concrete measures taken in this regard, particularly with respect to addressing the financial barriers to education, with a view to increasing attendance rates and reducing drop-out rates. It also requests the Government to provide information, in its next report, on the number of children who have received free basic education under the BEAM.

Clause (d). Identify and reach out to children at special risk. 1. Child victims and orphans of HIV/AIDS. The Committee previously noted that Zimbabwe is one of the countries worst affected by HIV/AIDS; many children are orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. The Committee noted the ZCTU’s allegation that the HIV/AIDS pandemic had contributed to the phenomenon of child labour, as the number of child-headed families increased. The Committee noted the Government’s indication that in 2004 it had implemented the Orphans and other Vulnerable Children National Action Plan (OVC NAP), which seeks to ensure that orphans and other vulnerable children have access to education, food, health services, and that they are protected from abuse and exploitation. The Committee requested the Government to provide information on the impact of the OVC NAP.

The Committee notes the ZCTU’s contention, in its more recent allegations of 2009, that HIV/AIDS is a major contributor to child poverty. The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the information in the Government’s report, submitted to the UN General Assembly as a follow up to the Declaration of Commitment on HIV/AIDS in January 2008, that the OVC NAP, spearheaded by the Ministry of Public Service, Labour and Social Welfare, had been implemented in 68 out of 83 districts. This report also indicates that, as of 2008, the OVC NAP had reached 147,012 beneficiaries through various interventions, including educational, medical, legal and psychosocial assistance. This report further indicates that, while there has been a continued decline in the prevalence of HIV/AIDS in the population, there are approximately 1,000,000 orphans under the age of 18 due to HIV/AIDS in Zimbabwe.

The Committee expresses its concern at the high number of children orphaned in Zimbabwe as a result of HIV/AIDS. Recalling that children orphaned by HIV/AIDS, and other vulnerable children, are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to strengthen its efforts, within the framework of the OVC NAP, to protect such children from these worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

2. Street children. The Committee previously noted that, according to official estimates, there were approximately 5,000 street children in Harare, the majority of whom were boys between the ages of 14 and 18. The Committee requested the Government to indicate the measures taken within the WFCL Project with regard to this group.

The Committee notes the Government’s statement that the objective of phase I of the WFCL Project was to ascertain the nature of the worst forms of child labour in Zimbabwe, and that there has not, as of yet, been action to deal with these worst forms. The Government indicates that it will implement remedial measures in the context of phase II of the project. The Committee also notes the information in a report on the worst forms of child labour, available on the website of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that, in recent years, the number of street children has increased. The Committee further notes that street children were examined in the Rapid Assessment Survey, revealing that 63 per cent of the street children surveyed were orphans, and the average age that these children began living on the streets was 10 years. The Rapid Assessment Survey indicated that begging was the source of livelihood for 45 per cent of these children. The Committee expresses its serious concern at reports that the number of street children is increasing, and requests the Government to take the necessary measures to ensure that children under 18 years living and working on the streets are protected from the worst forms of child labour. It further requests the Government to provide information on measures taken in this regard, within the framework of phase II of the WFCL Project, and on the results achieved.

3. Children engaged in mining activities. The Committee notes the ZCTU’s statement that the worst forms of child labour most common in Zimbabwe is in the mining sector, where children scavenge for minerals to survive. The Committee also notes the information available in the WFCL Report that children engage in the mining of diamonds, gold, chrome and tin, in addition to illegal gold panning with their families. The Committee further notes the indication in the Rapid Assessment Survey that it is mostly boys between the ages of 15 and 17 (though most had started below the age of 14), who are engaged in mining, and that these children are generally self-employed (11.6 per cent of the children surveyed in the Rapid Assessment Survey were engaged in mining work). The Rapid Assessment Survey further indicates that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day. The Committee expresses its serious concern at the situation of children working in hazardous conditions in mines, and requests the Government to take immediate measures, within the framework of the WFCL Project, to remove and provide rehabilitative services to children engaged in these hazardous mining activities. It requests the Government to provide information on effective and time‑bound measures taken in this regard and the results achieved.

Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. Following its previous comments, the Committee notes the ZCTU’s contention that land invasions have caused the displacement of farm workers and their families, causing children to engage in illicit activities, including prostitution. The ZCTU further indicates that the relevant enforcement mechanisms need to be enhanced, and that there is a strong need to address the underlying causes of the worst forms of child labour, particularly poverty and to provide a comprehensive social system.

The Committee notes that the Government refers to the Rapid Assessment Survey, which indicates that, of the children interviewed, 18 per cent were engaged in prostitution and 23 per cent were engaged in illicit activities. The Rapid Assessment Survey also indicates that, while many factors contribute to the worsening of children’s situations, poverty is the major push factor for the worst forms of child labour. The Survey further indicates that children were engaged in these forms of work because there were no immediately viable alternatives through which to support themselves and, in some cases, their households. Households mainly used the children’s income for basic needs that included rent and clothing. The Survey concludes that, while many of the legal provisions on the worst forms of child labour are sufficiently up to date, this legislation lacked enforcement. The Survey emphasized that law enforcement agencies/officers dealing with children’s issues must be adequately resourced to be able to protect the needs of children and that relevant Government ministries and departments who oversee the implementation of and compliance with the relevant legal provisions should receive the necessary fiscal support.

The Committee expresses its deep concern at reports of the weak enforcement of provisions giving effect to the Convention. The Committee requests the Government to redouble its efforts, within the implementation of phase II of the WFCL Project, to combat the worst forms of child labour, including through strengthened enforcement of the relevant legislative provisions and measures to address the roots causes of this phenomenon. The Committee requests the Government to provide information on the measures taken, and the results achieved. In addition, the Committee requests the Government to provide information on the nature, extent and trends of the worst 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 penalties imposed, as soon as this information becomes available. To the extent possible, all information provided should be disaggregated by sex and age.

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

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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. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted that section 11 of the Sexual Offences Act No. 8 of 2001 prohibits procuring any person to leave Zimbabwe for purposes of sexual exploitation. It had also noted the Government’s statement that the sale and trafficking of children is considered an offence and that the Children’s Protection and Adoption Act (Children’s Act) would be amended in order to deal explicitly with the sale and trafficking of children.

The Committee notes that, according to the project document entitled “Elimination of the Worst Forms of Child Labour in Zimbabwe, phase 1” (WFCL project report), supplied by the Government, it is reported that Zimbabwe could be a source, transit and destination country for forced labour and sexual exploitation. It is believed that Zimbabwean children may be trafficked internally for forced agricultural labour, domestic servitude and sexual exploitation. Trafficked women and girls are lured out of the country to other countries, in Africa, America, Asia and Europe with false job or scholarship promises resulting in domestic servitude or commercial sexual exploitation. Trafficking and the commercial sexual exploitation of women and children have resulted in very adverse physical, psychological, and moral consequences for the victims. Poverty and deprivation, secondary status accorded to women in society, prejudice against the girl child, changing public attitudes towards sex and morality, urbanization and migration, have contributed to the phenomenon of trafficking.

The Committee expresses its concern at this situation. It observes that the existing legislation (Sexual Offences Act and the Children’s Act, as amended) only covers some aspects of trafficking for purposes of sexual exploitation, but does not expressly prohibit the sale and trafficking of children under 18 years, including for purposes of labour exploitation. The Committee also draws the attention of the Government to Article 1 which requires member States that have ratified the Convention to take “immediate” measures to prohibit the worst forms of child labour “as a matter of urgency”. The Committee requests the Government to take the necessary measures, as a matter of urgency, to prohibit the sale and trafficking of children under 18 years of age for purposes of sexual and labour exploitation. It requests the Government to provide information on any developments in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that neither the Children’s Act nor the Sexual Offences Act contain any provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. It had noted the Government’s information that an appropriate amendment to the Sexual Offences Act and the Children’s Act would seriously be considered in order to explicitly include child pornography. The Committee notes that section 8 of the Children’s Act states that any person who causes or conduces to the commission by a child (under 16 years) or young person (between 16 and 18 years) of “immoral acts” shall be guilty of an offence. It also notes that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. The Committee requests the Government to indicate the meaning of the term “immoral acts”.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that section 13 of the Children’s Act punishes anyone who encourages, trains or knowingly provides a child or young person with facilities to commit an offence. The Committee requests the Government to indicate whether the use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs is prohibited under section 13 of the Children’s Act.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s information that the revision of the list of types of hazardous work is being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project). In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on any further developments concerning the revision of the list of the types of hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that, according to the WFCL Project report, supplied by the Government, the WFCL Project has been launched by the Government of Zimbabwe in cooperation with ILO–IPEC, UNDP, UNESCO and IOM. The proposed project has the objective of assisting the Government and stakeholders: (a) to identify the worst forms of child labour existing in Zimbabwe; (b) to design a Time-bound Programme (TBP) to eliminate the identified worst forms of child labour (phase I); (c) to implement the TBP (phase II). The Government will implement the WFCL Project through the Ministry of Public Service, Labour and Social Welfare, in partnership with ILO–IPEC, UNDP, UNESCO and IOM as well as with employers’ and workers’ organizations, local authorities and NGOs. An overall Memorandum of Understanding (MOU) will be signed between the ILO and the Government of Zimbabwe specifying the respective roles of all parties. Moreover, a national steering committee, consisting of the representatives of the Ministry of Public Service, Labour and Social Welfare, and other relevant Ministries, as well as employers’ and workers’ representatives, will be set up to guide and oversee the work of the WFCL Project. The Committee requests the Government to provide information on the implementation of the WFCL Project, and results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee had previously noted that access to free education at the primary level has always been guaranteed in Zimbabwe. It had also noted that in 2001 the Government embarked upon the Basic Education Assistance Module (BEAM). The BEAM had significantly reduced the number of school drop-outs and was then extended to secondary schools. The Committee notes the Government’s information that the BEAM is still in place and through it children, who could otherwise be out of school on account of financial incapacity, are receiving assistance. The Government adds that it will provide statistics of the results under the BEAM. The Committee, however, notes the information contained in the WFCL Project report that Zimbabwe, while making significant progress towards the achievement of universal primary education in the 1990s, is now facing a decline in its net enrolment and completion rate of primary education, due to the current socio-economic challenges. The resources allocated to education by the Government are in most cases inadequate and, as a result, the number of school drop-outs has been constantly increasing in recent years, affecting girls disproportionately. Moreover, according to the 2004 labour force survey mentioned in the WFCL Project report, out of the 3 million children aged 5–17 years, 8.2 per cent never attended school, while 10.6 per cent left school. The Committee notes that achieving universal primary education is one of the Millennium Development Goals of Zimbabwe. It also notes that the WFCL Project focuses on education as a means of combating the worst forms of child labour. In the framework of the WFCL Project’s implementation, the Committee requests the Government to strengthen its efforts to reduce child drop-outs and keep children at school in order to prevent their engagement in the worst forms of child labour. It also requests the Government to provide updated statistical information on the primary education enrolment rates and the drop-out rates. It finally requests the Government to provide statistical data on the number of children who received free basic education under the BEAM.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee had previously noted that the Ruwa Rehabilitation Centre provides vocational training for children removed from the worst forms of child labour. It notes the Government’s information that the Ruwa Rehabilitation Centre continues to cater for the needs of children under difficult circumstances. The Government adds that it will in due course make available statistics regarding the results achieved by the Centre. The Committee requests the Government to provide statistical information on the number of children removed from the worst forms of child labour and rehabilitated through the Ruwa Rehabilitation Centre, as soon as it becomes available.

Clause (d). Identify and reach out to children at special risk. 1. Child victims/orphans of HIV/AIDS. The Committee had previously noted that in Zimbabwe, which is one of the countries worst affected by AIDS, many children were being orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. It had also noted that orphans and other vulnerable children, including those affected by HIV/AIDS, were taken care of in government-owned children’s homes as well as those privately owned by the church and other organizations.

The Committee notes the ZCTU’s allegation that the HIV/AIDS pandemic has contributed to the phenomenon of child labour, as the number of child-headed families keeps on increasing. It notes the Government’s information that in 2004 it implemented the Orphans and other Vulnerable Children National Plan of Action (OVC NPA), which seeks to ensure that orphans and other vulnerable children have access to education, food, health services, and that they are protected from abuse and exploitation. The Committee requests the Government to provide information on the impact of the OVC NPA, on protecting child victims or orphans of HIV/AIDS from the worst forms of child labour. It also requests the Government to provide information on any other measures taken or envisaged in order to protect child victims or orphans of HIV/AIDS from the worst forms of child labour.     

2. Street children. Following its previous comments, the Committee notes that, according to the WFCL Project report, a relatively new phenomenon is appearing in Harare, and probably elsewhere, which is that of street children. According to official estimates, in Harare they number around 5,000, the majority being boys from 14 to 18 years old. They are generally seen as “vagrants”, “truants”, “illegal vendors” by both the authorities and the public. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the impact of this Project on ensuring that children under 18 years working on the streets are protected from the worst forms of child labour.

Article 8. International cooperation. Following its previous comments, the Committee notes that the Government supplied a copy of the South African Development Community (SADC) Code on Child Labour. This Code provides guidelines for the member States on the issue of child labour.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that, according to the WFCL Project report, the 2004 labour force survey showed that in Zimbabwe there were about 3 million children between 5 and 17 years of age, out of whom 46 per cent were involved in economic activities. The Committee notes that, according to the WFCL Project report, the first phase of the project will consist in the identification of the worst forms of child labour in Zimbabwe and ascertaining their nature and extent. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the nature, extent and trends of the worst 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 penalties imposed, as soon as this information becomes available.

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The Committee notes the Government’s report. It also notes the communication of the Zimbabwe Congress of Trade Unions (ZCTU) dated September 2005, as well as the Government reply. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted that section 11 of the Sexual Offences Act No. 8 of 2001 prohibits procuring any person to leave Zimbabwe for purposes of sexual exploitation. It had also noted the Government’s statement that the sale and trafficking of children is considered an offence and that the Children’s Protection and Adoption Act (Children’s Act) would be amended in order to deal explicitly with the sale and trafficking of children.

The Committee notes that, according to the project document entitled “Elimination of the Worst Forms of Child Labour in Zimbabwe, phase 1” (WFCL project report), supplied by the Government, it is reported that Zimbabwe could be a source, transit and destination country for forced labour and sexual exploitation. It is believed that Zimbabwean children may be trafficked internally for forced agricultural labour, domestic servitude and sexual exploitation. Trafficked women and girls are lured out of the country to other countries, in Africa, America, Asia and Europe with false job or scholarship promises resulting in domestic servitude or commercial sexual exploitation. Trafficking and the commercial sexual exploitation of women and children have resulted in very adverse physical, psychological, and moral consequences for the victims. Poverty and deprivation, secondary status accorded to women in society, prejudice against the girl child, changing public attitudes towards sex and morality, urbanization and migration, have contributed to the phenomenon of trafficking.

The Committee expresses its concern at this situation. It observes that the existing legislation (Sexual Offences Act and the Children’s Act, as amended) only covers some aspects of trafficking for purposes of sexual exploitation, but does not expressly prohibit the sale and trafficking of children under 18 years, including for purposes of labour exploitation. The Committee also draws the attention of the Government to Article 1 which requires member States that have ratified the Convention to take “immediate” measures to prohibit the worst forms of child labour “as a matter of urgency”. The Committee requests the Government to take the necessary measures, as a matter of urgency, to prohibit the sale and trafficking of children under 18 years of age for purposes of sexual and labour exploitation. It requests the Government to provide information on any developments in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that neither the Children’s Act nor the Sexual Offences Act contain any provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. It had noted the Government’s information that an appropriate amendment to the Sexual Offences Act and the Children’s Act would seriously be considered in order to explicitly include child pornography. The Committee notes that section 8 of the Children’s Act states that any person who causes or conduces to the commission by a child (under 16 years) or young person (between 16 and 18 years) of “immoral acts” shall be guilty of an offence. It also notes that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. The Committee requests the Government to indicate the meaning of the term “immoral acts”.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that section 13 of the Children’s Act punishes anyone who encourages, trains or knowingly provides a child or young person with facilities to commit an offence. The Committee requests the Government to indicate whether the use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs is prohibited under section 13 of the Children’s Act.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s information that the revision of the list of types of hazardous work is being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project). In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on any further developments concerning the revision of the list of the types of hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that, according to the WFCL Project report, supplied by the Government, the WFCL Project has been launched by the Government of Zimbabwe in cooperation with ILO/IPEC, UNDP, UNESCO and IOM. The proposed project has the objective of assisting the Government and stakeholders: (a) to identify the worst forms of child labour existing in Zimbabwe; (b) to design a Time-bound Programme (TBP) to eliminate the identified worst forms of child labour (phase I); (c) to implement the TBP (phase II). The Government will implement the WFCL Project through the Ministry of Public Service, Labour and Social Welfare, in partnership with ILO/IPEC, UNDP, UNESCO and IOM as well as with employers’ and workers’ organizations, local authorities and NGOs. An overall Memorandum of Understanding (MOU) will be signed between the ILO and the Government of Zimbabwe specifying the respective roles of all parties. Moreover, a national steering committee, consisting of the representatives of the Ministry of Public Service, Labour and Social Welfare, and other relevant Ministries, as well as employers’ and workers’ representatives, will be set up to guide and oversee the work of the WFCL Project. The Committee requests the Government to provide information on the implementation of the WFCL Project, and results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee had previously noted that access to free education at the primary level has always been guaranteed in Zimbabwe. It had also noted that in 2001 the Government embarked upon the Basic Education Assistance Module (BEAM). The BEAM had significantly reduced the number of school drop-outs and was then extended to secondary schools. The Committee notes the Government’s information that the BEAM is still in place and through it children, who could otherwise be out of school on account of financial incapacity, are receiving assistance. The Government adds that it will provide statistics of the results under the BEAM. The Committee, however, notes the information contained in the WFCL Project report that Zimbabwe, while making significant progress towards the achievement of universal primary education in the 1990s, is now facing a decline in its net enrolment and completion rate of primary education, due to the current socio-economic challenges. The resources allocated to education by the Government are in most cases inadequate and, as a result, the number of school drop-outs has been constantly increasing in recent years, affecting girls disproportionately. Moreover, according to the 2004 labour force survey mentioned in the WFCL Project report, out of the 3 million children aged
5–17 years, 8.2 per cent never attended school, while 10.6 per cent left school. The Committee notes that achieving universal primary education is one of the Millennium Development Goals of Zimbabwe. It also notes that the WFCL Project focuses on education as a means of combating the worst forms of child labour. In the framework of the WFCL Project’s implementation, the Committee requests the Government to strengthen its efforts to reduce child drop-outs and keep children at school in order to prevent their engagement in the worst forms of child labour. It also requests the Government to provide updated statistical information on the primary education enrolment rates and the drop-out rates. It finally requests the Government to provide statistical data on the number of children who received free basic education under the BEAM.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee had previously noted that the Ruwa Rehabilitation Centre provides vocational training for children removed from the worst forms of child labour. It notes the Government’s information that the Ruwa Rehabilitation Centre continues to cater for the needs of children under difficult circumstances. The Government adds that it will in due course make available statistics regarding the results achieved by the Centre. The Committee requests the Government to provide statistical information on the number of children removed from the worst forms of child labour and rehabilitated through the Ruwa Rehabilitation Centre, as soon as it becomes available.

Clause (d). Identify and reach out to children at special risk. 1. Child victims/orphans of HIV/AIDS. The Committee had previously noted that in Zimbabwe, which is one of the countries worst affected by AIDS, many children were being orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. It had also noted that orphans and other vulnerable children, including those affected by HIV/AIDS, were taken care of in government-owned children’s homes as well as those privately owned by the church and other organizations.

The Committee notes the ZCTU’s allegation that the HIV/AIDS pandemic has contributed to the phenomenon of child labour, as the number of child-headed families keeps on increasing. It notes the Government’s information that in 2004 it implemented the Orphans and other Vulnerable Children National Plan of Action (OVC NPA), which seeks to ensure that orphans and other vulnerable children have access to education, food, health services, and that they are protected from abuse and exploitation. The Committee requests the Government to provide information on the impact of the OVC NPA, on protecting child victims or orphans of HIV/AIDS from the worst forms of child labour. It also requests the Government to provide information on any other measures taken or envisaged in order to protect child victims or orphans of HIV/AIDS from the worst forms of child labour.     

2. Street children. Following its previous comments, the Committee notes that, according to the WFCL Project report, a relatively new phenomenon is appearing in Harare, and probably elsewhere, which is that of street children. According to official estimates, in Harare they number around 5,000, the majority being boys from 14 to 18 years old. They are generally seen as “vagrants”, “truants”, “illegal vendors” by both the authorities and the public. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the impact of this Project on ensuring that children under 18 years working on the streets are protected from the worst forms of child labour.

Article 8 of the Convention. International cooperation. Following its previous comments, the Committee notes that the Government supplied a copy of the South African Development Community (SADC) Code on Child Labour. This Code provides guidelines for the member States on the issue of child labour.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that, according to the WFCL Project report, the 2004 labour force survey showed that in Zimbabwe there were about 3 million children between 5 and 17 years of age, out of whom 46 per cent were involved in economic activities. The Committee notes that, according to the WFCL Project report, the first phase of the project will consist in the identification of the worst forms of child labour in Zimbabwe and ascertaining their nature and extent. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the nature, extent and trends of the worst 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 penalties imposed, as soon as this information becomes available. 

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Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously requested the Government to provide information on the activities and functioning of the National Child Welfare Council with regard to the elimination of the worst forms of child labour. The Committee notes the Government’s statement that the activities of the Council, in relation to the elimination of the worst forms of child labour, are best executed through the Child Welfare Fund, established by section 75H of the Children’s Protection and Adoption Act. It also notes the Government’s information that the Fund may be applied to furthering activities related to the dissemination of information on alcohol and drug abuse, teenage pregnancy and other problems affecting children and young persons, promoting education, skills training, health and any other projects aimed at promoting the welfare and protection of young persons. The Committee notes the Government’s statement that the thrust is to help young persons who are prone to the worst forms of child labour as much as possible. The Committee takes due note of this information.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee had noted that section 11 of the Sexual Offences Act No. 8 of 2001 provides that it is an offence to procure any other person to leave Zimbabwe with the intent that the other person become a prostitute; or to leave their usual place of residence, with the intent that he or she may become an inmate of or frequent a brothel elsewhere. The Committee had asked the Government to indicate whether a specific legal provision prohibits the sale and trafficking of children under 18 years, including for labour exploitation. The Committee notes the Government’s statement that the sale and trafficking of children is an offence and that the Children’s Protection and Adoption Act will soon be amended in order to explicitly deal with the sale and trafficking of children. The Committee draws the Government’s attention to the prohibition contemplated in Article 3(a) of the Convention which includes trafficking for the purpose of labour exploitation. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age, including for the purpose of labour exploitation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee had previously noted that under article 14(2) of the Constitution of Zimbabwe, forced labour does not include any labour required by way of parental discipline, including "other quasi-parental discipline" (article 26(1)). The Committee had asked the Government to clarify the meaning of "quasi-parental discipline". The Committee notes the Government’s information that this term refers to a situation where a parent is substituted. For example, at school, the teacher assumes the role of a parent. The Committee notes the Government’s statement that the kind of labour that can be exacted under this exception includes: sweeping of classrooms, watering flowers, washing one’s own clothes and cleaning of windows.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that the Sexual Offences Act punishes prostitution as an offence. It had also noted that section 12(a) of the Children’s Protection and Adoption Act, provides that if, upon the complaint of any person, the Juvenile Court is satisfied that a girl under the age of 18 is exposed to the risk of prostitution, or is living a life of prostitution, the court may order the parent or guardian of this girl to take appropriate measures to remedy the situation. It had asked the Government to indicate the steps taken or envisaged to ensure that the same protection is granted to boys under 18 years of age. The Committee notes the Government’s statement that Zimbabwe does not envisage a situation in which boys become prostitutes and that, under section 11 of the Sexual Offences Act, both boys and girls involved in prostitution are protected. It notes the Government’s statement that, in practice, similar protection is afforded to boys although it is not mentioned in the legislation. Moreover, mechanisms to explicitly spell out that there is similar protection afforded to boys could be worked out. The Committee takes due note of this information.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that neither the Children’s Protection and Adoption Act nor the Sexual Offences Act contain any provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. It had asked the Government to provide information on the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes the Government’s information that an appropriate amendment to the Sexual Offences Act and the Children’s Protection and Adoption Act will be considered in order to explicitly include child pornography. The Committee accordingly asks the Government to provide information on any amendments to the relevant legislation aimed at prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering a child for illicit activities, in particular, for the production and trafficking of drugs. Noting the Government’s statement that an in-depth study needs to be carried out concerning this worst form of child labour, the Committee had previously asked the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering a of child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s information that the Ministry will work closely with relevant stakeholders to ensure that the legislation takes care of the issues relating to the elimination of the use, procuring or offering of children for illicit activities, in particular, for the production and trafficking of drugs in line with the international treaties. The Committee asks the Government to provide information on any concrete developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted that the labour inspectorate system, including the factory inspectorate, has the responsibility of identifying where the types of hazardous work exist. It had asked the Government to provide information on the work of the labour inspectorate to this end, as well as tripartite consultations held on the matter. It notes the Government’s information that labour officers bring to the attention of the factory inspector any hazardous work that they have noted. Moreover, the tripartite Zimbabwe Occupational Health and Safety Council (ZOHSC) provides the forum for consultations on the matter.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee had previously noted the Government’s indication that the list of the types of hazardous work would be revised under the Post National Child Labour Survey Programme once the necessary assistance from ILO/IPEC had been secured. The Committee once again requests the Government to provide information on any further developments concerning the revision of the list of the types of hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s statement that a National Plan of Action for orphans and other vulnerable children (NPA) was developed in 2003 with the participation of children as major stakeholders. The Government adds that this NPA is aimed at intensifying the implementation of national legislation policies relevant to children. This legislation seeks to provide legal protection for children who fall through the social safety nets. Moreover, this Plan will stand to benefit from ILO/IPEC assistance. The Committee asks the Government to provide further information on the implementation of the NPA for orphans and other vulnerable children of 2003 and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had asked the Government to indicate how the penalties provided by the relevant legislation giving effect to Article 3(a) to (d) of the Convention are applied in practice. It notes the Government’s information that the perpetrators are either jailed or fined and in some instances, they are made to perform community service.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee had previously noted that access to free education at the primary level has always been guaranteed in Zimbabwe. It had also noted that in 2001 the Government embarked upon the Basic Education Assistance Module (BEAM), with the aim of reducing the number of children dropping out of school and to reach out to those who had never been to school, due to economic hardships. The Committee notes with interest the Government’s information that BEAM has significantly reduced the number of school dropouts and the programme has then been extended to secondary schools in order to reduce the number of dropouts. Considering that education contributes to the elimination of the worst forms of child labour, the Committee asks the Government to continue providing information on the results achieved under BEAM, including in secondary schools.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee notes the Government’s indication that the Ruwa Rehabilitation Centre continues providing vocational training for children removed from the worst forms of child labour. It asks the Government to continue providing information on the activities of the Centre and their impact on the direct assistance and removal of children from the worst forms of child labour.

Clause (d). Identify and reach out to children at special risk. 1. Child victims and orphans of HIV/AIDS. The Committee had previously noted that Zimbabwe is one of the countries worst affected by AIDS. It had also noted that many children are being orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. The Committee had asked the Government to provide information on the measures taken or envisaged to protect these children. It had also requested the Government to provide information on the functioning of the labour inspectorate in terms of identifying children at special risk, in particular children affected by HIV/AIDS. The Committee notes the Government’s information that orphans and other vulnerable children, including those affected by HIV/AIDS, are being taken care of in Government-owned children’s homes, as well as those privately owned by the church and other organizations. Moreover, the labour inspectorate will bring to the attention of the social services division the detected cases of children at risk. The welfare officers or social workers will then act on the basis of the information so provided. The Committee asks the Government to continue providing information on the activities of the labour inspectorate and on any other effective and time-bound measures aimed at identifying and reaching out to child victims and orphans of HIV/AIDS.

2. Street boys. The Committee notes that the National Child Labour Survey conducted by the Government in 1999 did not cover the "hidden" activities of children, for example street children. Moreover, the same source reveals that street children are found in all the major cities in Zimbabwe. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working on the streets are protected from the worst forms of child labour.

The Committee notes the Government’s statement that, regarding Article 7, paragraph 2, clauses (a), (b) and (e), of the Convention, it is waiting for technical and financial assistance from the ILO, in order to carry out the Post Child Labour Survey Programme that will encompass Project C (Rehabilitation of Victims of Child Labour). The Committee asks the Government to provide information on any developments in this regard.

Article 8. 1. International cooperation. Following its previous comments, the Committee notes the Government’s information that it continues to work alongside other countries in various issue areas. It also observes the Government’s statement that the Southern African Development Community (SADC) Code on Child Labour was adopted. The Committee asks the Government to supply a copy of this text with its next report.

2. Poverty reduction programme. The Committee notes the Government’s information that it intends to address the poverty situation by improving lives and working conditions of the poor through the Jobs for Africa Programme. The Committee asks the Government to continue providing information on the Jobs for Africa Programme and on any notable impact of this programme towards eliminating the worst forms of child labour.

Part III of the report form. With reference to its previous comments, the Committee notes that the Government will continue providing any court decisions regarding the application of the Convention.

Parts IV and V of the report form. The Committee had previously noted that Zimbabwe is considering the launching of IPEC-supported Time-bound Programmes (TBPs) aimed at preventing the worst forms of child labour, protecting working children and rehabilitating victims of child labour with a special focus on the domestic and agricultural sectors. The Committee notes the Government’s information that technical and financial assistance from the ILO is needed to carry out the Post Child Labour Survey Programme. It also notes that at present the Government does not have the capacity to provide statistical data on the worst forms of child labour disaggregated by sex and age group. This data, however, will be available once the Government gets funding for the Post Child Labour Survey Programme. The Committee asks the Government to communicate information on the developments concerning the Post Child Labour Survey Programme. It also asks the Government to provide information on the nature, extent and trends of the worst 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 penalties imposed, as soon as this information becomes available.

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The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government in its first report according to which, the National Child Welfare Council which is composed of representatives of several government ministries, NGOs, international agencies, labour and business, has embarked on awareness campaigns with regard to the elimination of worst forms of child labour. Apart from the awareness campaigns, some of the organizations represented in the Council are dealing with their own specific programmes related to the elimination of child labour in general and are being implemented at the national level in different parts of the country. The Committee requests the Government to provide further information on the activities and functioning of the Council with regard to the elimination of worst forms of child labour.

Article 3. 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 section 4A of the Labour Relations Amendment Bill of 2000, no person shall be required to perform forced labour. It also notes that according to article 14 of the Constitution of Zimbabwe no person shall be held in slavery or servitude or required to perform forced labour. However, by virtue of paragraph 2 of article 14 of the Constitution, forced labour does not include any labour required by way of parental discipline, which, according to article 26(1) of the Constitution, includes school or other "quasi-parental discipline". The Committee requests the Government to clarify the meaning of "other quasi-parental discipline" and to describe what kind of labour may be exacted under this exception.

2. Sale and trafficking of children. The Committee notes that section 11 of the Sexual Offences Act No. 8 of 2001 provides that it is an offence to procure any other person to leave Zimbabwe with the intent that other person become a prostitute; or to leave their usual place of residence, with the intent that he or she may become an inmate of or frequent a brothel elsewhere. A person who is guilty of an offence by virtue of section 11 is liable to a fine not exceeding $50,000 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. The Committee notes however, that there appears to be no specific legal provision prohibiting the sale and trafficking of children under 18. It requests the Government to indicate whether a specific legal provision prohibits the sale and trafficking of children under 18.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to section 27 of the Defence Act and the National Service Act of 1979, the minimum age for voluntary enlistment and conscription into the armed forces is 18 years. It also notes that the Legal Age of Majority Act binds all Government agencies to recruit and employ people of the age of 18 or older.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 11 of the Act makes it an offence to procure any other person to become a prostitute, whether inside or outside Zimbabwe (paragraph (b)); or to leave Zimbabwe with the intent that other person may become a prostitute (paragraph (c)); or to leave his or her usual place of residence, not being a brothel, with the intent that he or she may become an inmate of, or frequent a brothel elsewhere (paragraph (d)). This offence carries a penalty of a fine not exceeding $500 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. The Committee notes that section 12(1)(a) of the Children’s Protection and Adoption Act provides that where, upon the complaint of any person, the juvenile court is satisfied that a girl under the age of 18 years is exposed to the risk of prostitution or is living a life of prostitution, the court may order the parent or guardian of the girl take appropriate measures to remedy the situation. It asks the Government about the steps it has taken or envisages to ensure that the same protection is afforded to boys under the age of 18 years.

2. The use, procuring or offering of a child for pornography. The Committee observes that neither the Children’s Protection and Adoption Act, nor the Sexual Offences Act contains any provisions prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. It reminds the Government that by virtue of Article 3 (b) of the Convention the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention each Member which ratifies the Convention shall 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 therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, in conformity with Article 3(c) of the Convention.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the Government’s indication in its first report that there is a need to carry out an in-depth study on this worst form of child labour. In this respect, it reminds the Government that by virtue of Article 3(c) of the Convention the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall 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 therefore requests the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in conformity with Article 3 (c) of the Convention.

Clause (d). Hazardous work. The Committee notes that under section 3(1) of the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, as amended in 1999, no person shall employ a child (any person under the age of 16 years) or young person (any person between 16 and 18 years of age) in any of the types of hazardous work set out in the schedule annexed to the regulations. It also notes that section 7 of the labour relations regulations stipulates that any person who contravenes these regulations shall be guilty of an offence and liable to a fine of $2,000 (US$37) or imprisonment for a period of 12 months. The Committee also notes that section 11(4) of the Labour Relations Amendment Bill, 2000, prohibits the employment of any person under the age of 18 years to perform any work which is likely to jeopardize that person’s health, safety or morals, which work shall include but not be limited to work involving such activities as may be prescribed. Moreover, section 7(2)(g) of the Children’s Protection and Adoption Act, as amended in 2001, holds a parent or guardian of a child liable if he/she has made the child (a person under the age of 16 years) or young person (a person who has attained the age of 16 years but has not attained the age of 18 years) perform any child labour.

Article 4, paragraph 1. Determination of the types of hazardous work. The Committee notes that the schedule annexed to the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, as amended in 1999, lists the following types of hazardous work: (1) any work which is likely to jeopardize or interfere with the education of the child or young person; (2) any work involving contact with any hazardous substance, article or process, including ionizing radiation; (3) any work involving underground mining; (4) any work that exposes a child to electrically-powered hand tools, cutting or grinding blades; (5) any work that exposes a child to extremes of heat, cold, noise or whole body vibration; (6) any night shift work. It also notes that section 2 of the Children’s Protection and Adoption Act, as amended in 2001, defines the expression "child labour" by enouncing the same activities mentioned in the list of the types of hazardous work included in the schedule annexed to the labour relations regulations.

Paragraph 2. Identification of hazardous work. The Committee notes the information provided by the Government in its first report according to which the labour inspectorate system inclusive of the factory inspectorate has the responsibility of identifying where the types of hazardous work exist and of taking the corresponding action in accordance with the Labour Relations (Employment of Children and Young Persons) Regulation, 1997. It asks the Government to provide information on the work of the labour inspectorate to this end, as well as tripartite consultations held on the matter.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee notes the Government’s indication in its first report that since the promulgation of the Labour Relations (Employment of Children and Young Persons) Regulation, 1997, the list of the types of hazardous work has been revised. However, the list will be revised once again under the Post National Child Labour Survey Programme once the necessary assistance from ILO/IPEC has been secured. The Government also indicates that the employers’ and workers’ organizations are part of the integrated proposal for the Post National Child Labour Survey Programme. The Committee requests the Government to provide information on developments concerning the revision of the list of the types of hazardous work.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. In its first report, the Government indicates that issues of child labour in general, and the worst forms of child labour in particular, are within the purview of the National Child Welfare Council, which is essentially a transformed child welfare forum established under the Children’s Protection and Adoption Amendment Act. The Committee notes that according to section 2B of the Children’s Protection and Adoption Amendment Act, the Council will perform the functions of advising the Minister on any matter relating to the welfare of the children, monitoring the situation of children in need of care, promoting the coordination of various organizations involved in the protection of the rights of children and to perform any other function that may be assigned to it by the Minister. This Council is working upon the proposed Post National Child Labour Survey Programme, which will be focusing on child labour in general and the worst forms of child labour in particular. The Committee notes the Government’s statement that workers’ and employers’ bodies are represented in this Council. It asks the Government to provide more information on the work of the National Child Welfare Council in relation to the enforcement of the provisions that are relevant to the application of Article 3(a) to (d) of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication in its first report according to which, currently, there are no clear-cut programmes of action to eliminate the worst forms of child labour. It also notes that the Government is in the initial stages of developing programmes of action, with priority to an in-depth study of the worst forms of child labour. The Government states that any developments in this aspect would occur with the consent of all concerned groups. The Committee requests the Government to continue to provide information regarding the status of programmes of action taken by the Government, including information on consultations held with workers’ and employers’ organizations pursuant to Article 6 as to the design and implementation of such programmes, and information on the extent to which the views of other concerned groups have been or will be taken into consideration in their planning and implementation.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that violations of the national legislation giving effect to Article 3 (a) to (d) of the Convention constitute offences. Such offences carry penalties of fines and/or imprisonment. The Committee asks the Government to indicate how these sanctions are applied in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s statement that the effective measures to prevent the engagement of children in the worst forms of child labour shall be implemented after conducting in-depth studies on the worst forms of child labour which will be launched under the proposed post National Child Labour Survey Programme. It requests the Government to provide information on any developments in this respect.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. The Committee notes that the Government refers to Project C (Rehabilitation of Victims of Child Labour) of the proposed Post National Child Labour Survey Programme. It also notes that according to the National Child Labour Survey of 1999, the worst forms of child labour are primarily found in the agricultural sector (mostly hazardous work). The children who are victims of this practice need to be removed from such situations, rehabilitated and reintegrated to the society. Under this project the Government calls for the identification of those exposed to hazardous work and to make provisions for the removal and rehabilitation of such children. The Committee asks the Government to continue to provide information regarding the initiation and adoption of any measures taken in this respect.

Clause (c). Access to free basic education. The Committee notes the information provided by the Government in its first report according to which access to free education at primary level has always been guaranteed in Zimbabwe. The Government also indicates that between 1980 and 1990, it introduced and implemented free education for all children of school-going age as a fundamental basic human right, but under the Economic Structural Adjustment Programme (ESAP), Zimbabwe reintroduced school fees for part of primary education. In 2001, the Government embarked on the Basic Education Assistance Module (BEAM) with the primary objective of reducing the number of children dropping out of school and to reach out to those who had never been to school due to economic hardships. The Committee asks the Government to keep it informed of the findings and measures taken pursuant to the BEAM, especially regarding access to primary education of children from marginalized groups and vocational training for children removed from the worst forms of child labour.

Clause (d). Identify and reach out to children at special risk. The Committee notes the Government’s statement that children at special risk are identified through the labour inspectorate and by some individual groups. It also notes the Government’s indication that an integrated approach is envisaged under the proposed Post National Child Labour Survey Programme. Moreover, the Committee notes that according to IPEC’s publication entitled "HIV/AIDS and child labour in Zimbabwe: A rapid assessment", Zimbabwe is one of the countries worst affected by AIDS with about 2000 deaths a week due to HIV/AIDS-related illnesses. Many children are being orphaned due to the HIV/AIDS pandemic and most of these children find themselves on the streets, with relatives, or engaged in prostitution or being employed for long hours with little wages. The Committee, concerned over the seriousness of the situation, requests the Government to provide information on measures already taken or envisaged to protect these children and to provide more information regarding the functioning of the labour inspectorate in terms of identifying children at special risk, in particular regarding children affected by HIV/AIDS such as orphans, etc.

Clause (e). Take account of the special situation of girls. The Committee notes the information provided by the Government in its first report that the special situation of girls is taken care of in any child labour intervention programme and that this will be pursued under the envisaged Post National Child Labour Survey Programme. The Committee asks the Government to continue to provide information regarding the manner in which the special situation of girls is addressed.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its first report that the Ministry of Public Service, Labour and Social Welfare is the competent authority responsible for the effective implementation of the provisions giving effect to the Convention. The Committee requests the Government to provide information on the authority responsible for monitoring the implementation of the penal legislation giving effect to the Convention, especially the Sexual Offences Act and the Penal Code. It also asks the Government to indicate by what methods such implementation is supervised.

Article 8. International cooperation and/or assistance. The Committee notes that the Government’s report indicates that the South African Development Community (SADC), of which Zimbabwe is a member, has developed SADC draft code on child labour, which is awaiting approval by the member States. The Committee also notes that Zimbabwe is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. Moreover, the Committee notes the National Child Labour Survey which was conducted in 1999, by the Government, through the Ministry of Public Service, Labour and Social Welfare, and the Central Statistical Office with the assistance of ILO/IPEC to determine the nature and extent of child labour in Zimbabwe and identify areas for action.

While noting the information provided by the Government, the Committee recalls that by virtue of Article 8 of the Convention, Members shall take appropriate steps to assist one another in giving effect to the provision of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education. It therefore requests the Government to report any information on international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education. The Committee also requests the Government to provide information on developments concerning the adoption of the code on child labour by SADC and to provide a copy thereof as soon as it is adopted.

Part III of the report form. In its first report, the Government indicates that courts of law or tribunal have not yet given decisions involving questions of principle relating to application of the Convention. The Committee encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V of the report form. The Committee notes the information provided by the Government in its first report according to which the principles contained in Convention No. 182 are taken care of by national legislation and, in practice, child labour is discouraged in the country. The Government also indicates that the lack of an in-depth study on the nature and extent of the worst forms of child labour which require resources is one of the reasons that prevented and delayed any action against the worst forms of child labour. In this respect, the Committee notes that according to the National Child Labour Survey conducted in 1999, the worst forms of child labour are primarily found in the agricultural sector (mostly hazardous work).

However, the Committee notes that in the Post National Child Labour Survey Programme, the Government indicates that further research on the worst forms of child labour is necessary. The Government also indicates in the Post National Child Labour Survey Programme that, although the worst forms of child labour may not be common features of Zimbabwe society and economy, isolated cases of bondage (rural areas) and commercial sex involving male and female children have been reported in the media. Moreover, the UN Working Group on the Contemporary Forms of Slavery stated in its report (E/CN.4/Sub.2/1999/17, paragraph 82) that it was given information on trafficking in children for purposes of sexual exploitation and that, inter alia, girls in Zimbabwe had been the victims of such trafficking. The Committee notes that according to information available at the Office, Zimbabwe is considering the launching of IPEC supported time-bound programmes (TBPs), which aim at preventing the worst forms of child labour, protecting working children and rehabilitating victims of child labour with a special focus on the domestic and agricultural services. It hopes that the Government will launch the TBPs with IPEC.

The Committee requests the Government to communicate information on developments concerning the Post National Child Labour Survey Programme. It also asks the Government to supply information on the worst forms of child labour through 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, penal sanctions applied, etc. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, and status in employment, school attendance and geographical location.