Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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.