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

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee had previously noted that the Education Act of 2011 neither defined the school-going age nor indicated the age of completion of compulsory schooling. It had further noted 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 notes that the Government report does not contain any information with regard to the school-going age and the age of completion of compulsory schooling. Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again 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 requests the Government to provide information on any progress made in this regard.

Article 7(3). Determination of light work. The Committee had previously noted section 4(A)(2) of the Employment of Young Persons and Children (Amendment) Act of 2004 (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 the Government’s indication that once the Statutory Instrument on Hazardous Work had been adopted, it would determine light work activities. The Committee once again expresses the firm hope that 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 notes the Government’s information that 1,244 labour inspections were carried out by the labour inspectors in 2011, during which no violations regarding the minimum age were detected in the formal sector. The Committee further notes from the Government’s report that as part of the National Action Plan on Child Labour, a module has been included in the 2012 Labour Force Survey in order to have up-to-date information on child labour, especially in the informal economy. The Committee encourages the Government to pursue its efforts to ensure that up-to-date statistical data on the economic activities of children and young persons are collected and made available, including the number of children working under the minimum age of 15, and to provide this information in its next report. In addition, the Committee requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to monitor children carrying out economic activities in the informal economy, and to provide information on the results achieved.