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

Minimum Age Convention, 1973 (No. 138) - Zimbabwe (Ratification: 2000)

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 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that the Labour Act of 2002 and the Labour Relation Regulations of 1997 do not apply to self-employed workers. The Committee noted, however, the Government’s indication that it planned to undertake consultations with the social partners with a view to amending the legislation in order to explicitly cover all types of employment or work, within the framework of the ongoing labour law reform.

The Committee notes the ZCTU’s contention that the informal economy is among the sectors where child labour is the most common. The Committee also notes with regret an absence of information in the Government’s report on any ongoing labour legislation reform, or on any other measures taken to protect children engaged in work on their own account. However, the Committee notes the information in the ILO–IPEC Draft Rapid Assessment Survey on the worst forms of child labour in Zimbabwe (ILO–IPEC Rapid Assessment Survey), conducted in September 2008, that, of the working children surveyed, a full 87 per cent were self-employed. Therefore, the Committee reminds the Government that the Convention applies to all branches of economic activity, including the informal sector, and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated. In this regard, the Committee urges the Government to take the necessary measures to ensure that children working outside an employment relationship, particularly in the informal economy or on a self-employed basis, benefit from the protection afforded by the Convention. It also requests the Government to provide information any other measures taken or envisaged in this respect, in addition to up-to-date information on the status of the proposed labour law reform.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, while section 5 of the Education Act of 1996 states that it is the objective for primary education to be compulsory for every child of school-going age, in practice, primary education is neither free nor compulsory and that the quality of education is low. The Committee also noted that, according to the 2004 labour force survey, out of a significant number of children between the ages of 5–14 years involved in economic activities, 4 per cent had never attended school and 14 per cent had left school. Among children between the ages of 5–14 years performing non-economic labour, such as household chores, 6 per cent had never attended school and 35 per cent had left school. The Committee further noted the ZCTU’s contention that very young children engaged in work to pay for their school fees. The ZCTU stated that the Government should reintroduce free education at the primary level in order to contribute to eradicating child labour. In addition, the Committee noted the Government’s indication that it had launched various programmes, such as the Basic Education Assistance Module (BEAM) and the National Action Plan for orphans and other vulnerable children (OVC NPA), aimed at ensuring that children attend school. The Government also indicated that consultations would be held with the Ministry of Education, Sports and Culture concerning legislation fixing a specific age for the completion of compulsory schooling.

The Committee notes that the ZCTU, in its more recent allegations of 2009, contends that school drop-outs are a common phenomenon, with children below the age of 13 seeking employment. The Committee notes the Government’s statement that the review of legislation with respect to fixing a specific age for the completion of compulsory schooling will be pursued in the context of phase II of the Worst Forms of Child Labour Project (WFCL Project). The Committee further notes the statement in the draft Five-Year National Programme for the Elimination of the Worst Forms of Child Labour of April 2009, from the Ministry of Labour and Social Services (draft WFCL document) that the number of school drop‑outs has been constantly increasing in recent years, affecting girls disproportionately, and that children are not attending school to save on educational expenses and increase the labour supply. In addition, the Committee notes the information in the ILO–IPEC Rapid Assessment Survey that the cost of education was a major obstacle in 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. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee requests the Government to pursue its efforts, within the framework of the WFCL Project, to provide for compulsory education up to the minimum age of admission to employment of 14 years. The Committee also requests the Government to redouble its efforts to improve the functioning of the education system, and to take measures to address the financial barriers that prevent children from attending school. Furthermore, noting an absence of information in the Government’s report on the BEAM and the OVC NPA, it once again requests the Government to provide information on the impact of these programmes on increasing school attendance and reducing school drop-out rates, so as to prevent the engagement of children in child labour

Article 6. Apprenticeship. The Committee previously noted that section 11(1)(a) and (3)(b) of the Labour Act of 2002 permits the employment of apprentices from the age of 13 years, while Chapter 4, Part IV, subsection 1(a), of the Manpower Planning and Development Act prescribes that the minimum age for apprenticeship is 16 years. The Committee observed that permitting the employment of apprentices from the age of 13 years, pursuant to the Labour Act, was not in conformity with Article 6 of the Convention. The Committee further noted the Government’s statement that it recognized the need for harmonized legislation in the area of apprenticeships, and indicated that this would be addressed in the ongoing labour law reform, in consultation with the social partners. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to take the necessary measures, within the framework of the ongoing labour law reform, to harmonize the relevant legislation, in particular section 11(1)(a) and (3)(b) of the Labour Act, and Chapter 4, Part IV, subsection 1(a), of the Manpower Planning and Development Act, in order to ensure conformity with Article 6 of the Convention.

Article 7(1) and (4). Minimum age for admission to, and determination of, light work. The Committee previously noted that section 3(4) of the Labour Relations Regulations establishes that children over 13 years of age may perform light work where such work is an integral part of a course of education or training and does not prejudice their education, health and safety. The Committee also noted that quite a number of children below 13 years of age were economically active; the 2004 labour force survey indicated that 406,958 children aged 5–14 were engaged in work at least three hours per day. The Committee further noted the Government’s statement that it intended to consult with the social partners with a view to amending its legislation so as to detail the types of light work, which may be undertaken by children from the age of 13 years and the conditions in which such work may be undertaken. The Government indicated that this would be conducted within the framework of the WFCL Project.

The Committee notes the ZCTU’s contention, that children in Zimbabwe often start work below the age of 13. The Committee also notes, once again, the Government’s statement that the detailing of light work will be pursued in the context of phase II of the WFCL Project, though notes that this objective is not included in the draft WFCL document. Therefore, the Committee requests the Government to take the necessary measures, within the framework of the implementation of phase II of the WFCL Project, to ensure the determination of types of light work which may be performed by children from the age of 13 years and the conditions in which such work may be undertaken.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the 2004 labour force survey indicated that 42 per cent of children between the ages of 5–14 years were involved in economic child labour (defined as engaging in economic activities for at least three hours a day and that 2 per cent of these children were involved in non‑economic child labour (defined as non-economic work for at least five hours a day). The Committee encouraged the Government to take measures to improve this situation, and requested the Government to provide statistical data on the employment of children and young persons, especially regarding the agricultural and domestic sectors.

The Committee notes the ZCTU’s allegations that, despite legislation applying the Convention, there is lack of enforcement of these regulations, due to the incapacity of labour inspectors. The ZCTU contends that legislative protection has become irrelevant due to poverty in the country, stemming from poor governance and ill-conceived economic policies. In addition, when breaches of the relevant legislation are detected, the cases take more than a year to be processed, both at the Department of Labour, and in the courts of law.

The Committee notes the Government’s indication that comprehensive data on child labour will be collected in 2010, within the framework of the Zimbabwe labour force survey. The Committee further notes the Government’s statement that the agricultural and domestic sectors will be prioritized in the implementation of phase II of the WFCL Project. Finally, the Committee notes the information in the ILO–IPEC Rapid Assessment Survey that 68 per cent of child agricultural workers surveyed and 53 per cent of child domestic workers surveyed were 14 years old and younger.

The Committee expresses its deep concern at the allegations of weak enforcement of child labour legislation, and at the large number of children under the age of 14 who are found to be working, especially in the agricultural sector and in household activities. The Committee strongly urges the Government to redouble its efforts, within phase II of the WFCL Project, to improve this situation. It also requests the Government to provide detailed information on measures taken in this regard, especially with respect to children working in the agricultural sector and domestic services. The Committee further requests the Government to provide information from the Zimbabwe labour force survey on the number of children below the minimum age who are engaged in economic activities when it becomes available, as well as extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.