Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Zambia (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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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 previously noted that section 50(1) of the Juveniles Act of 1956 which prohibited the causing or procuring of a child to be in any street, premises or place for the purposes of begging or receiving alms, or of inducing the giving of alms applied only to children under the age of 16 years. The Committee notes that the Government has not provided any information with regard to the measures taken or envisaged to extend the prohibition under section 50(1) of the Juveniles Act to children of 16–18 years of age. The Committee, therefore, once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of children aged 16–18 years for begging.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that the Ministry of Labour and Social Security, working in consultation with the Ministry of Justice, had taken steps to finalize the “Statutory Instrument on Hazardous Work” which prohibits the employment of children in certain occupations and industries before the end of 2011.

The Committee notes the Government’s statement that the statutory instrument has not yet been adopted. Noting that the Government has been referring to the adoption of this instrument since 2005, the Committee urges the Government to take the necessary measures to adopt the Statutory Instrument on Hazardous Work containing the list of types of hazardous work in the near future. It requests the Government to supply a copy thereof, as soon as it has been adopted.

Article 5. Monitoring mechanisms. 1. Inter-Ministerial Committee on Human Trafficking. The Committee previously noted the establishment of an Inter-Ministerial Committee on Human Trafficking which aims to coordinate programmes on protection, prevention and prosecution on human trafficking issues, as well as to help in the development and revision of policies and legislation on human trafficking.

The Committee notes the information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), that the Inter Ministerial Committee is headed by the Ministry of Home Affairs and comprises 12 ministries as well as a non-governmental organization (NGO) specialized on issues related to child trafficking. The Committee also notes the Government’s information that the Inter-Ministerial Committee is entrusted to establish the National Secretariat on Human Trafficking which is responsible for coming up with a National Action Plan on Human Trafficking. The implementation of the programmes lies with the Ministry of Community Development and Mother to Child Health (MCDMCH) whose main responsibility is the prevention and protection of victims of human trafficking. In this regard, the MCDMCH has established 12 district coalitions which have been carrying out district awareness campaigns, campaigns in schools as well as community leaders’ sensitization campaigns in various communities in these districts to inform the people of the dangers of human trafficking. Lastly, the Committee notes the Government’s information that joint inspections are conducted by labour officers with the Ministry of Home Affairs who takes the lead in National Policy and Action against Human Trafficking in ensuring the investigation and prosecutions of criminal offences related to human trafficking. The Committee requests the Government to provide information on the activities on prevention and protection of victims of human trafficking coordinated by the MCDMCH and their impact on the elimination of trafficking of children under 18 years of age. It also requests the Government to provide information on the number of investigations conducted by the labour inspectors and the Ministry of Home Affairs related to the trafficking of children and on the prosecutions and penal sanctions applied in such cases.

2. District Child Labour Committees (DCLCs). Following its previous comments, the Committee notes the Government’s information that pursuant to the implementation of the programmes monitored by the DCLCs, a total of 48 boys and 17 girls were withdrawn and integrated into schools in 2012 in the district of Kafue. Moreover, in the district of Luanshya, 23 children were withdrawn from child labour through educational skills, 101 children were withdrawn from child labour and provided vocational training and skills, while 150 targeted households of prevented/withdrawn children were provided with various small-scale business inputs to supplement their household efforts. The Committee further notes from the Government’s report that the programme entitled Educational Support to Child Beneficiaries which was implemented by the DCLCs in 18 community schools prevented 332 children and withdrew 37 children from child labour, while 101 children benefited from vocational training and skills. The Committee requests the Government to continue providing information on the results achieved in the context of the implementation of the programmes monitored by the DCLCs, in terms of the number of children prevented and withdrawn from the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Action Plan on Child Labour. Following its previous comments, the Committee notes the Government’s information that after the launch of the National Action Plan on Child Labour and the National Child Labour Policy in 2011, the Government, with support from ILO–IPEC, held workshops with all key implementing partners with a view to explaining the roadmap on the implementation of the child labour programmes. A consultative workshop for social partners and implementing partners was also held, in March 2012, to solicit inputs from all the ten provinces into the draft Monitoring and Evaluation Instrument and Resource Mobilization of the national action plan. Noting from the Government’s report that more funds will be required to implement the national action plan, the Committee urges the Government to take the necessary measures to ensure that the National Action Plan on Child Labour is implemented in the near future. It also requests the Government to provide information on its implementation as well as on its impact in eliminating the worst forms of child labour.

2. Achieving Reduction of Child Labour in Support of Education (ARISE Programme). The Committee notes that the Government of Zambia, in collaboration with ILO–IPEC, Japan Tobacco International (JTI) and Winrock International (a US-based non-profit organization) has launched the ARISE programme Zambia on 19 April, 2013. The programme aims to prevent and help to eliminate child labour in the tobacco-growing area of Kaoma by addressing the social and economic factors that drive tobacco farmers to engage children in hazardous work. The ARISE programme focuses on three broad and complementary areas such as: reducing child labour through awareness raising and improving educational and vocational training opportunities; empowerment for individuals and groups in the community; and working with national, regional and local government bodies to improve awareness and implement more effective policies in relation to the reduction of child labour. The Committee requests the Government to provide detailed information on the implementation of the ARISE programme and its impact in reducing child labour, including hazardous work in the tobacco-growing communities of Kaoma.

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. Following its previous comments, the Committee notes the Government’s information that, as of 2010, 9,970 new classrooms were constructed, in addition to 51 basic schools. These basic schools created a classroom capacity for 2,040 pupils. In 2011, 44 new secondary schools were constructed by the Government while also embarking on the construction of 30 more secondary schools. The Committee also notes the Government’s indication that 35,000 new qualified teachers were recruited and deployed which has also contributed to the development in the education system in Zambia. In addition, the School Health and Nutrition Programme (SHN), which was initially piloted in two districts, has been expanded to eight of the ten provinces covering a total of 2,500 schools with 1.3 million learners in primary school. Moreover, the school feeding programme within the SHN programme where the schools provide food to learners in food deficit areas, has resulted in an increase in school attendance of children. The Committee notes from the 2012 Decent Work Country Profile that enrolment in grades 1–7 increased by 67 per cent from 1.6 million children in 2000 to 3 million in 2009, while the completion rate at grade 7 was over 91 per cent in 2008. The Committee further notes that according to the UNESCO Institute for Statistics, in 2011, the net enrolment rates (NER) in primary education in Zambia was 95 per cent, with 96 per cent of girls and 94 per cent of boys. The Committee requests the Government to continue taking effective measures to improve the functioning of the education system, including by increasing the school enrolment rates and reducing school drop-out rates. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.