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

Minimum Age Convention, 1973 (No. 138) - Zambia (Ratification: 1976)

Articles 1 and 2(1) of the Convention. National policy and scope of application. The Committee had previously noted the International Trade Union Confederation’s (ITUC) allegation that children are reported to be working in the unregulated economy. According to the ITUC, children are mostly found in agriculture, domestic service, small-scale mining operations, stone crushing and pottery. It had also noted the Government’s information that a draft National Action Plan on Child Labour which included various measures for the elimination of child labour in the informal sector has been formulated. The Committee notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), 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 detailed information on the implementation of the National Action Plan on Child Labour and the National Child Labour Policy and their impact on abolishing child labour, especially in the informal economy.

Article 2(3). Age of completion of compulsory schooling. Following its previous comments, the Committee notes with interest that a new Education Act of 2011 has been enacted by the Government which requires a parent of a child who has attained the school going age to enrol that child in an educational institution and to ensure that child’s attendance at the institution (section 17(1)). It also notes that section 17(3) provides for appointing a committee to investigate the absence of any child from the educational institution and to issue a notice requiring the parent of that child to comply with subsection (1) within the prescribed period. Moreover, section 17(4) lays down penalties for the offences related to the failure to enrol a child in school, preventing a child from attending school or withdrawing a child from school. The Committee notes, however, that the Education Act of 2011 neither defines the school-going age nor indicates the age of completion of compulsory schooling. The Committee notes that according to section 34 of the Education Act of 2011, the Minister, may by statutory instrument, make regulations to provide for the basic school going age and age for compulsory attendance at educational institutions.

The Committee further 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 the poor and vulnerable children, with special provisions for the needs of the girl child, orphans and children from rural areas. 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. It also notes from the Government’s report that the proportion of orphans enrolled has increased from 11.1 per cent in 2002 to 18.5 per cent in 2010. The Committee takes due note of the various measures taken by the Government to improve the functioning of the education system. However, considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to ensure that regulations pursuant to section 34 of the Education Act of 2011 are adopted, defining the basic school going age and the age of completion of compulsory schooling up to the minimum age for employment, which is 15 years for Zambia. It also requests the Government to continue taking effective measures to improve the functioning of the education system, in particular by increasing the school enrolment rates and reducing drop-out rates, especially among children in the rural areas so as to prevent them from engaging in child labour.

Article 3(2). Determination of hazardous work. The Committee had previously noted the Government’s indication that a “statutory instrument” was formulated to enforce the Employment of Young Persons and Childrens (Amendment) Act of 2004 (EYPC Act of 2004) as well as to serve as Zambia’s hazardous work list. It had also noted that this “statutory instrument on hazardous work” prohibits work in a covered site in any of the following types of occupations: excavation/drilling; stone crushing; block/brick-making; building; roofing; painting; tour guiding; selling/serving in bars; animal herding; fishing; working in tobacco and cotton fields; spraying of pesticides, herbicides and fertilizers; handling farm machinery; and processing in industries.

The Committee notes the Government’s statement that the Ministry of Labour and Social Security working in consultation with the Ministry of Justice has taken steps to finalize the Statutory Instrument on Hazardous Work before the end of 2011. The Committee expresses the firm hope that the Statutory Instrument on Hazardous Work containing the list of types of hazardous work prohibited to children under 18 years will be adopted soon. It requests the Government to supply a copy thereof, as soon as it has been adopted.

Article 7. Light work. The Committee had previously noted section 4(A)(2) of the EYPC Act of 2004 which provides for a definition of “light work” for children aged between 13 and 15 years and section 4(5) which empowers the Minister to determine light work activities. Subsequently, it had noted Government’s indication that once the Statutory Instrument on Hazardous Work had been adopted, it would determine light work activities. The Committee expresses the firm hope that once the Statutory Instrument on Hazardous Work has been adopted, the Government will take the necessary measures to adopt regulations pursuant to section 4(5) of the EYPC Act of 2004, to determine the light work activities which may be undertaken by children between 13 and 15 years of age as well as to prescribe the number of hours during which and the conditions in which such work may be undertaken.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s indication that due to lack of transport and communication services, the District Child Labour Committees (DCLCs) were not able to function effectively in the districts.

The Committee notes the Government’s information that eight more DCLCs were created and that more funding provisions towards DCLCs administrative costs have been included in the 2012 budget. The Government report further states 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 these 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 further notes the Government’s statement that the revised labour inspection form will now enable the labour inspectors to collect and obtain sector-wise data on child labour, including those from the informal sector. The Committee notes, however, that according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Zambia of May 2009, an estimated 1.3 million children between the ages of 5–14 years are involved in child labour, which implies 41 per cent of this age group, and an alarmingly high number of over 1.4 million children between the ages of 5–17 years are exposed to hazardous working conditions. The Committee expresses its deep concern at the high number of children involved in child labour and hazardous work. The Committee urges the Government to step up its efforts to abolish child labour in the country. It also requests the Government to continue taking the necessary measures to make the DCLCs effectively functional, including through the allocation of additional resources and funding. It also requests the Government to provide sector-wise data on child labour collected by the labour inspectors, as well as information on the number and nature of violations detected with regard to child labour, including in the informal sector.