Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 1 September 2016 as well as the Government’s report.

Article 2(1) of the Convention. Scope of application and application of the Convention in practice. In its previous comments, the Committee noted the report of the ZCTU that the informal economy was among the sectors where child labour is the most common. The Committee also noted the Government’s indication that it was in the process of strengthening existing programmes, such as the Orphans and other Vulnerable Children National Action Plan (OVC NAP) and the Basic Education Assistance Module (BEAM), in order to reach out to more children in child labour and in need of care.

The Committee notes the observations by the ZCTU that child labour and its worst forms is worsening in the country because of deep-rooted poverty arising out of government economic policy, high unemployment and school drop-outs making children resort to such forms of employment for survival.

The Committee notes the Government’s statement in its report that it continues to pursue its efforts to reintegrate children through the OVC NAP and BEAM. The Government also states that it will continue with resource mobilization efforts to fund existing programmes that seek to protect children from engaging in child labour, including a possible collaboration with the ILO in implementing Phase II of the Worst Forms of Child Labour project (WFCL project).

However, the Committee notes that according to the 2014 Child Labour Report of the Zimbabwe National Statistics Agency, 1.6 million children in the age group of 5–14 years are involved in some form of economic activity. Of these, about 4 per cent of the children have never been to school and 33.3 per cent have left school. Moreover, more than 2.7 million children of this age group are engaged in non-economic activities or unpaid work, including: 557,000 children engaged in caring for children under the age of 5 years; 74,000 in caring for the sick; and 2.1 million in unpaid housekeeping. This report also indicated that paid child labour is more prevalent in the agricultural, forestry and fishing sectors. The Committee also notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 7 March 2016, expressed concern at the persistence of child labour, including hazardous work, due to the weak enforcement of existing legislation and policies. The CRC further expressed concern at the exploitation of children, particularly from low-income households, in the informal economy, including low payment of wages and long working hours (CRC/C/ZWE/CO/2, paragraph 72). The Committee notes with deep concern that a large number of children under the minimum age are engaged in child labour, including in hazardous work, in Zimbabwe, particularly in the informal economy or in unpaid work. The Committee accordingly urges the Government to strengthen its efforts to ensure the progressive elimination of child labour in all sectors. In this regard, the Committee requests that the Government take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate so as to enable it to monitor child labour in the informal economy. It also requests that the Government provide information on the measures taken in this regard and the results achieved, including through the implementation of the OVC NAP and the BEAM project.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, while primary school in Zimbabwe is compulsory for every child by virtue of the Education Act of 2006, the Government does not provide information on measures taken or envisaged to ensure that the age of completion of compulsory schooling coincides with the age of admission to work or employment.

The Committee notes the Government’s information that primary education, which extends up to nine years, shall be completed at the age of 12 years. It also notes the Government’s statement that currently it is focusing on putting in place measures to ensure enrolment, retention and completion of the full education cycle and address the issue of school drop-outs at all levels. The Government further refers to the various measures that have been implemented in this regard, including the school feeding programme; non-formal education for school drop-outs; and a reduction in the cost of education. The Committee, while taking note of the measures taken by the Government, draws the Government’s attention to the necessity of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided for under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If the compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). The Committee accordingly requests that the Government consider raising the age of completion of compulsory education so as to link it with the minimum age of 14 years for admission to employment or work. It requests that the Government provide information on any measures taken in this regard.

Article 7(3) of the Convention. 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 noted the Government’s statement that it envisaged including in the labour law reform process a determination of the types of light work that may be performed by children. The Government indicated that the revision of Statutory Instrument 155 of 1999 giving the schedule of light work would be done after the revision of the principal Act.

The Committee notes the Government’s indication that all the statutory instruments will be aligned with the new provisions of the Labour Act and during this process the list of light work will be revised in consultation with the employers’ and workers’ organizations. Observing that a large number of children under 14 years of age are involved in child labour, the Committee expresses the firm hope that the list of types of light work that may be performed by children from the age of 13 years will be revised and adopted in the near future. It requests that the Government provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.