Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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 sections 3, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act No. 10 of 2004 prohibit the use, procuring or offering of a person under 18 years of age for “illicit activities”, such as the production and trafficking of illegal drugs. It also noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child to allow the child to be in any street, premise or place for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee notes the absence of information in the Government report with regard to the measures taken or envisaged to extend the prohibition on involving a child under 16 years for begging to also cover children of 16 to 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 to 18 years for begging.

Article 5. Monitoring mechanisms. Labour Inspectorate. Following its previous comments, the Committee notes the Government’s information that during the period from 2009 to 2010, 35 specific child labour inspections were undertaken by the labour inspectors and 360 children were withdrawn from child labour. Of the children withdrawn, 60 per cent were taken back to school and reintegrated while the remaining 40 per cent were empowered with the necessary skills to make them self reliant. The Committee requests the Government to continue providing information on the inspections carried out by the labour inspectors and on the number and nature of violations detected with regard to minors under the age of 18 years.

District Child Labour Committees (DCLCs). The Committee previously noted the establishment of 11 DCLCs to monitor the implementation of programmes to sensitize the public on child labour and its worst forms, as well as programmes to withdraw, rehabilitate and reintegrate identified children. It also noted the Government’s statement that the DCLCs had been undergoing administrative and financial difficulties and hence was not able to function effectively.

The Committee notes the Government’s indication that for the first time the Government has included some funding provisions for the DCLCs in the 2012 budget. The Committee requests the Government to take the necessary measures to make the DCLCs effectively functional, including the allocation of additional resources and funding. It also requests the Government to provide information on the number of children withdrawn and rehabilitated pursuant to the implementation of the programmes monitored by the DCLCs.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the National Action Plan on Child Labour was adopted along with the National Child Labour Policy in June 2011. The Committee requests the Government to provide information on the implementation of the National Action Plan on Child Labour and the National Child Labour Policy and their impact in eliminating the worst forms of child labour.

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 it has established a comprehensive system of identifying poor and vulnerable children, assessing their needs and determining how best to meet their educational needs. The Government states that it has established bursary and scholarship schemes for poor and vulnerable children, with special provisions for the needs of the girl child, orphans and children from rural areas, and prohibited the exclusion of any child from the basic school on the grounds of failure to pay, or being unable to afford the necessary materials, school uniform or similar items. The Committee notes the Government’s indication that the basic school enrolment rates have reached 94.2 per cent (an increase from 1,806,754 in 2000 to 3,510,288 in 2010), while the drop-out rates have been reduced from 4.6 per cent in 2000 to 2 per cent in 2010. The Committee further notes from the ILO/IPEC project report that within the framework of the project entitled “Support to the development and implementation of time-bound measures against the Worst Forms of Child Labour 2006–10”, 9,722 children were withdrawn and prevented from the worst forms of child labour through educational services and training opportunities, and 9,119 children were withdrawn and prevented through other non-education related services. The Committee requests the Government to continue taking effective measures to improve the functioning of the educational 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.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes the Government’s information that the Programme for the Advancement of Girl’s Education (PAGE) which aims to empower girls and women to fully participate in and benefit from the economic and social development of the nation and to ensure the survival of girls into adulthood with particular emphasis on their protection from HIV/AIDS implemented the following measures:

– Research studies were conducted to provide information and insight that was needed to identify and formulate policies and actions in support of girls’ education.
– Advocacy and sensitization programmes were conducted which aimed at advocating for policies to promote an enabling environment for the education of girls and focused on strategies and activities to sensitize the community, such as parents, teachers, administrators and pupils on the negative attitudes towards girls’ education.
– Single sex classes were created which enabled girls to have a separate but conducive learning environment which increased their self-confidence and self-esteem.
– Affirmative action was undertaken to increase the number of women in the management of education.
– Girl-Friendly Modules/Gender Sensitive Pedagogy were implemented to strengthen the girl-friendly school concept.
– Community action was undertaken which sought to mobilize communities such as traditional leaders, in support of girls’ education.
– Gender Across the Curriculum for Primary Teachers’ Training was introduced in the training of primary school teachers which enabled them to be more gender-sensitive in every aspect of their professional work.
– School grants were provided to schools to assist them in making local decisions regarding priorities and needs in improving girls’ education.

The Committee notes the Government’s information that though the PAGE project was completed in 2002, its best practices have been mainstreamed into the activities of the Ministry of Education. It further notes the Government’s indication that this project’s interventions have resulted in the reduction of dropout rates of girls at the basic school level from 4.9 per cent in 2000 to 1.4 per cent in 2010 and the Gender Parity Index at the basic school level increased to 0.99 per cent in 2010, which implies that for every 100 boys enrolled there were 99 girls.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that child labour in Zambia is found mainly in the informal sector, including in agriculture, stone crushing, fishing, forestry, trading on the streets or in markets and in caring for sick family members. The Committee notes, that according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Zambia of May 2009, over 1.4 million children between the ages of 5–17 years are exposed to hazardous working conditions. The Committee notes that according to a report entitled “2010 Findings on the Worst Forms of Child Labour–Zambia” available at the website of the United Nations High Commissioner for Refugees, the Government conducted a Labour Force Survey in 2008. The Committee expresses its deep concern at the high number of children involved in hazardous work in Zambia and requests the Government to redouble its efforts to remove and rehabilitate children from hazardous work. The Committee requests the Government to provide updated statistical 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, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. The Committee also requests the Government to supply a copy of the Labour Force Survey report, once it has been made available. To the extent possible, all information provided should be disaggregated by sex and age.