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

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2019 and 29 September 2020, respectively.

Articles 1 and 2(1) of the Convention. 1. National policy, scope of application and application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that it continued to pursue its efforts to reintegrate children through the National Action Plan for Orphans and other Vulnerable Children (NAP-OVC) and the Basic Education Assistance Module (BEAM). However, it noted from the 2014 Child Labour Report of the Zimbabwe National Statistics Agency that 1.6 million children in the age group of 5–14 years were involved in some form of economic activity. More than 2.7 million children of this age group were engaged in non-economic activities or unpaid work. This report also indicated that paid child labour was more prevalent in the agricultural, forestry and fishing sectors. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2016, expressed concern at the persistence of child labour, including hazardous work, and 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 urged the Government to strengthen its efforts to ensure the progressive elimination of child labour in all sectors.

The Committee notes the observations of the ZCTU that child labour, including hazardous work, is still high particularly in the informal economy, domestic service, mining, agriculture and tobacco farms. Children as young as 12 years are employed in farming. The ZCTU states that the child labour situation has been worsened due to the poor socio-economic conditions and that the Government has failed in implementing its previous plan of action developed in this regard.

The Committee notes the Government’s information in its report that BEAM, one of the numerous forms of social protection measures, is being implemented to reach out to children who have never been to school due to social and economic constraints. The Committee notes the Government’s information in its supplementary report that in 2018, 415,000 and in 2019 583,547 orphans and vulnerable children have been supported with educational assistance through BEAM, respectively. This project aims to support a targeted 1,200,000 orphans and vulnerable children in 2020 for which the Government has increased the budgetary allocation to 450 million Zimbabwean dollars. The Government also indicates that the Ministry of Public Service, Labour and Social Welfare undertook a country-wide labour inspection initiative from April to July 2018. This initiative enabled all labour inspectors to visit workplaces and check compliance with the Labour Act, including child labour. The Government also indicates that it is in the process of formalizing the informal sector which would assist in reducing decent work deficits as well as child labour in the informal sector. The Committee further notes the information provided by the Government in its joint report of 2019 on the Labour Inspection Convention, 1947 (No.81) and the Labour Inspection (Agriculture) Convention, 1969 (No.129) that apart from the 120 Government labour inspectors that conduct inspections in the agricultural industry, the National Employment Council (NEC) for the Agricultural Industry also conducts inspections throughout the country. The NEC for Agriculture which has eight designated agents spread across the country, has carried out 301 labour inspections for the period from January to June 2019.

The Committee further notes from the National Action Plan for Orphans and Vulnerable Children Phase III, 2016–2020 (NAP-OVC) document that this framework will guide the activities of all stakeholders who are engaged in implementing coordinated interventions aimed at assisting children to meet their needs, fulfil their rights and ensure their protection from exploitation. The Committee, however, notes from the Government’s report that according to the findings of the Labour Force and Child Labour Survey of 2019, out of the 4.2 million children aged between 5–14 years, about one per cent of children are estimated to be in child labour with more boys engaged in child labour than girls. The survey report published in 2020 indicates that a greater proportion of children involved in child labour were in agriculture, forestry and fishing industry and the retail trade industry. The report also indicates that child labour is more prevalent among children aged between 10–14 years and that about three per cent of the children had never been to school while a quarter had dropped out-of-school. Noting that a significant number of children are engaged in child labour, the Committee once again urges the Government to strengthen its efforts to ensure the progressive elimination of child labour, including through the effective implementation of BEAM and the NAP-OVC. It requests the Government to provide information on the measures taken in this regard and on their impact in eliminating child labour. The Committee also requests the Government to continue to provide information on the labour inspection services undertaken by the labour inspectors and the NEC for Agriculture with regard to child labour and the number and nature of violations detected, including in the agricultural sector. In this regard, the Committee requests the Government to take the necessary measures to reinforce the capacities of the labour inspection services of the labour inspectorate and the NEC for Agriculture so as to enable them to adequately monitor and detect cases of child labour, including in the informal economy.

2. Minimum age. The Committee notes the Government’s information that the minimum age for entry into employment has been raised from 15 to 16 years. The Committee accordingly notes that section 11(a)(ii) of the Labour Act as amended by section 3 of the Labour Amendment Act of 2015 stipulates that no employer shall employ any person who is under the age of 16 years in any occupation. The Committee encourages the Government to take the necessary measures to raise the minimum age for admission to employment or work from 14 years (initially specified) to 16 years. In this regard, the Committee requests the Government to consider the possibility of sending a new declaration under Article 2(2) of the Convention thereby notifying the Director-General of the ILO that it has raised the minimum age that it had previously specified.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s information that primary education, which extends up to nine years, shall be completed at the age of 12 years. It also noted the Government’s information that various measures have been implemented, including: (i)the school feeding programme; (ii) non-formal education for school drop-outs; and (iii) a reduction in the cost of education which ensured school enrolment of children, their retention and completion of education and which addressed the issue of school drop-outs at all levels. However, noting that the age of completion of compulsory schooling was less than the minimum age for admission to employment, the Committee requested the Government to 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.

The Committee notes with regret that the Government has not taken any legal measures in this regard. It notes the Government’s information that the Ministry of Primary and Secondary Education has not fixed any age for the completion of compulsory schooling. The Committee once again 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 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, paragraph 371). The Committee therefore urges the Government to take the necessary measures to raise the age of completion of compulsory education so as to link it with the minimum age for admission to employment or work which is 16 years in accordance with the Labour Amendment Act of 2015. It requests the Government to provide information on any measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted that according to section 3(4) of the Labour Relations Regulations, 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 Government stated that the Statutory Instrument 155 of 1999 giving the schedule of light work would be revised during the process of the labour law reform. The Committee requested the Government to provide information on any progress made in this regard.

The Committee notes the Government’s indication that the labour law reform is ongoing and once the amendments have been enacted, the process of revising the provisions of the Statutory Instrument 155 of 1999 on the types of light work activities, will be undertaken. The Committee therefore once again 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 the Government to provide information on any progress made in this regard.

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

Article 6 of the Convention. Apprenticeship. The Committee previously noted that sections 11(1)(a) and (3)(b) of the Labour Act of 2002 which permit the employment of apprentices from the age of 13 years are not in conformity with Article 6 of the Convention. The Committee noted the Government’s statement that this matter was being considered in the context of the ongoing labour law reform process, with a view to raising the minimum age for admission to apprenticeship.

The Committee notes with interest that section 11(1)(a) of the Labour Act has been amended by section 3 of the Labour Amendment Act No. 5 of 2015, thereby raising the minimum age for apprenticeship from 13 to 16 years.

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

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.

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

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 was envisaged to include 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 phase II of the Worst Forms of Child Labour Project, in the framework of which the labour law reform process is envisaged, has not yet begun and that efforts to engage donors and raise funds are under way. The Committee therefore urges the Government to take the necessary measures, within the reform process, to ensure the adoption of a list determining the types of light work that may be performed by children from the age of 13 years.

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

The Committee notes the communication of the Zimbabwe Congress of Trade Unions (ZCTU) dated 29 August 2013, as well as the Government’s report.

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted the Government’s acknowledgement that, notwithstanding the comprehensive legal provisions that prohibit children from engaging in child labour, children were, in practice, found in employment situations. In this regard, the Committee noted the allegation of the ZCTU that the informal economy was among the sectors where child labour is the most common. Moreover, the Committee noted the information from the 2008 ILO–IPEC Draft Rapid Assessment Survey on the worst forms of child labour in Zimbabwe (ILO–IPEC Rapid Assessment Survey) that a full 87 per cent of children surveyed were self-employed.

The Committee notes the Government’s indication that it is currently strengthening existing programmes in order to reach out to more children in child labour, such as the Orphans and other Vulnerable Children National Action Plan (OVC NAP) and the Basic Education Assistance Module (BEAM). The Committee once again reminds the Government that the Convention applies to all branches of economic activity, including the informal economy, 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. The Committee urges the Government to strengthen its efforts to ensure that children working outside an employment relationship, particularly those working on their own account or in the informal economy, benefit from the protection afforded by the Convention, and to provide information on the results achieved.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee observed that the Education Amendment Bill (to amend the Education Act), passed by the Senate in 2006, did not appear to address the issue of compulsory education. In addition, the Committee noted that, according to information from the 2011 UNESCO Education for All: Global Monitoring Report, primary education lasts from 6 to 12 years. The Committee therefore observed that the age at which compulsory schooling ends is two years below the current minimum age for admission to work of 14 years of age.

The Committee notes the Government’s information pertaining to the measures it is taking to increase school attendance, such as ensuring that all rural primary school students do not pay tuition fees. The Committee also notes that, while the Government states that primary school in Zimbabwe is compulsory for every child by virtue of the Education Act of 2006, it 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 recalls that, if 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 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 371). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to adopt legislation which would set the age of completion of compulsory schooling at 14, in line with the minimum age for admission to work.

Article 6. Apprenticeship. The Committee previously noted that sections 11(1)(a) and (3)(b) of the Labour Act of 2002 permit the employment of apprentices from the age of 13 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 noted the Government’s statement that this matter was being considered in the context of the ongoing labour law reform process, with a view to raising the minimum age for admission to apprenticeship. In this regard, the Committee noted the Government’s indication that the principle of raising the minimum age for admission to apprenticeships was adopted by the social partners. Noting the absence of new information on this point, the Committee urges the Government to take the necessary measures, within the framework of the ongoing labour law reform process, to ensure the establishment of a minimum age of admission to apprenticeship of no lower than 14 years of age, in conformity with Article 6 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the information from the 2004 labour force survey that 42 per cent of children between the ages of 5–14 years were involved in economic child labour. The Committee further noted the information in the ILO–IPEC Rapid Assessment Survey that 68 per cent of child agricultural workers and 53 per cent of child domestic workers surveyed were 14 years old or younger. The Committee noted the ZCTU’s allegations that, despite the existence of legislation applying the Convention, there was lack of enforcement due to the incapacity of labour inspectors. The ZCTU indicated that when breaches of the relevant legislation were detected, the cases took more than a year to be processed, both at the Department of Labour, and in the courts of law. The Committee noted the Government’s statement that it was strengthening existing programmes to reach out to children engaged in child labour. The Committee also noted the Government’s statement that phase II of the Worst Forms of Child Labour Project (WFCL Project) was not yet under way, but that this phase would focus on the agricultural and domestic sectors.

The Committee notes the ZTUC’s allegation that the Government has still not made efforts to finance and implement the five-year WFCL Project, and that this project is almost coming to the end of its term before implementation.

The Committee observes that the Zimbabwe Statistics Agency has concluded the labour force survey of 2011. According to the 2011 Child Labour Survey Report, an estimated 1.2 million children aged 5 to 14 years are involved in economic activities in Zimbabwe, that is 37.1 per cent of children in this age group. The Committee must express its deep concern 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, as well as at the weak enforcement of child labour legislation. The Committee therefore urges the Government to pursue its efforts to implement phase II of the WFCL Project and to reduce the number of children under the minimum age who are engaged in economic activities, especially with respect to children working in the agricultural sector and in domestic work.

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

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

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 also noted the allegation of the Zimbabwe Congress of Trade Unions (ZCTU) that the informal economy is among the sectors where child labour is the most common. Moreover, the Committee noted the information from the 2008 ILO–IPEC Draft Rapid Assessment Survey on the worst forms of child labour in Zimbabwe (ILO–IPEC Rapid Assessment Survey) that a full 87 per cent of children surveyed were self-employed.

The Committee notes the Government’s indication that the Children’s Act [Chapter 5:06] prohibits parents and guardians from allowing their children to engage in employment, in addition to protecting all children from forms of ill treatment, exploitation and neglect. In this regard, the Committee notes that section 10A(1)(a) of the Children’s Act states that no parent or guardian of a child or young person of school-going age shall knowingly cause or permit the child or young person to absent himself from school in order to engage in employment for gain or reward (punishable by a fine not exceeding two thousand five hundred dollars and/ or to imprisonment of a period not exceeding six months). The Government also indicates that it views children engaged in work on their own account as children in need of care and that there are specific mechanisms in place to ensure that such children are identified and put in places of safety. The Committee notes the Government’s acknowledgement that, notwithstanding the comprehensive legal provisions that prohibit children from engaging in child labour, children are in practice found in employment situations. In this regard, 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. Noting the large number of children working on their own account as identified in the 2008 ILO–IPEC Rapid Assessment Survey, the Committee requests the Government to strengthen its efforts to ensure that children working outside an employment relationship, particularly on those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. It requests the Government to provide information on the existing mechanisms which reach out to these working children and on the specific measures taken to strengthen such initiatives.

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 the ZCTU’s allegation that very young children engaged in work to pay for their school fees. Moreover, the ZCTU indicated that school drop-outs are a common phenomenon. In this regard, the Committee further noted 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, that the number of school drop-outs had been constantly increasing in recent years, affecting girls disproportionately. Lastly, the Committee noted the Government’s indication that it had launched various programmes, such as the Basic Education Assistance Module (BEAM), aimed at ensuring that children attend school.

The Committee notes the Government’s statement that it has put in place measures to ensure that all rural primary school students do not pay tuition fees, and that this is a step towards the reintroduction of free education in Zimbabwe. The Government indicates that it is committed to achieving basic education for all, by removing obstacles and ensuring that all children have access to education. The Government states that it is taking appropriate measures in this regard, such as the payment of grants and subsidies to schools. The Committee also notes the Government’s indication that it has continued to increase its funding for the BEAM.

The Committee further notes the Government’s indication that the Education Act was amended in 2006 to provide that primary education shall be compulsory for every child. However, the Committee observes that the Education Amendment Bill (to amend the Education Act), passed by the Senate in 2006, did not appear to address the issue of compulsory education. In addition, the Committee notes that, according to information from the 2011 UNESCO Education For All: Global Monitoring Report, primary education lasts from 6 to 12 years. The Committee therefore observes that the age at which compulsory schooling ends is two years below the current minimum age for admission to work of 14 years of age. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to adopt legislation which would fix the age of completion of compulsory schooling at 14, in line with the minimum age for admission to work. The Committee also encourages the Government to pursue its efforts to strengthen the functioning of the education system and to provide information on the impact of these programmes with regard to increasing school attendance rates and reducing school drop-out rates. Lastly, the Committee requests the Government to provide a copy of the Education Act, as amended in 2006, with its next report.

Article 6. Apprenticeship. The Committee previously noted that section 11(1)(a) and (3)(b) of the Labour Act of 2002 permit the employment of apprentices from the age of 13 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 notes the Government’s statement that this matter is currently being considered in the context of the ongoing labour law reform process, with a view to raising the minimum age for admission to apprenticeship in conformity with Article 6 of the Convention. In this regard, the Committee notes the Government’s indication that the principle of raising the minimum age for admission to apprenticeships has been adopted by the social partners. The Committee urges the Government to pursue its efforts within the framework of the ongoing labour law reform process, to ensure the establishment of a minimum age of admission to apprenticeship of no lower than 14 years of age, in conformity with Article 6 of the Convention.

Article 7(3). 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 for 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 Committee notes the information in the Government’s report that it is envisaged to include in the labour law reform process a determination of the types of light work that may be performed by children. The Government indicates that the revision of Statutory Instrument 155 of 1999 giving the schedule of light work will be done after the revision of the principal Act. The Committee requests the Government to pursue its efforts, within the reform process, to ensure a determination of the types of light work that may be performed by children from the age of 13 years. The Committee requests the Government to continue to provide information on progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the ZCTU’s allegations that, despite legislation applying the Convention, there is lack of enforcement due to the incapacity of labour inspectors. The ZCTU indicated that when breaches of the relevant legislation were detected, the cases took more than a year to be processed, both at the Department of Labour, and in the courts of law. The ZCTU further indicated that children in Zimbabwe often start work below the age of 13. The Committee also noted the information from the 2004 labour force survey that 42 per cent of children between the ages of 5–14 years were involved in economic child labour. The Committee further noted 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 or younger. The Government indicates that it intended to address these sectors through the implementation of phase II of the Worst Forms of Child Labour Project. The Committee expressed 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 notes the Government’s statement that it is currently strengthening existing programmes to reach out to children engaged in child labour. The Committee also notes the Government’s statement that phase II of the Worst Forms of Child Labour Project is not yet underway, but that this phase will focus on the agricultural and domestic sectors. Lastly, the Committee notes the Government’s indication that the Zimbabwe Statistics Agency has recently concluded the labour force survey of 2011, and that these results will be communicated to the Office once available. The Committee urges the Government to pursue its efforts, within phase II of the Worst Forms of Child Labour Project, to reduce the number of children under the minimum age who are engaged in economic activities, especially with respect to children working in the agricultural sector and domestic services. The Committee also requests the Government to provide information from the 2011 Zimbabwe labour force survey, when it becomes available, on the number of children below the minimum age who are engaged in economic activities.

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

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.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that the Labour Act of 2002 and the Labour Relation Regulations of 1997 do not apply to self-employed workers. It had noted, however, the Government’s information that in practice children not bound by a labour relationship, such as self-employed workers, benefit from the protection afforded by the Convention. It had also noted that consultations with the social partners would be undertaken with a view to amend the legislation in order to explicitly cover all types of employment or work. The Committee noted the Government’s information that the labour law reform was ongoing in Zimbabwe and that, in this framework, the Government would be consulting the social partners on this issue. In the framework of the labour law review, the Committee once again encourages the Government to take the necessary measures to ensure that self-employed children benefit from the protection afforded by the Convention. It once again requests the Government to provide information on any developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee had noted that section 5 of the Education Act of 1996 states that it is the objective in Zimbabwe that primary education for every child of school-going age shall be compulsory and to this end it shall be the duty of parents of any such child to ensure that such child attends primary school. It had also noted, however, that in its Concluding Observations on the initial report of Zimbabwe (CRC/C/15/Add.55, paragraph 19), the Committee on the Rights of the Child expressed its concern noting that primary education is neither free nor compulsory and that the quality of education is low.

The Committee noted the ZCTU’s contention that children as young as 6 years work on farms in order to pay for their school fees. It also noted the ZCTU’s statement that the Government should reintroduce free education at the primary level in order to contribute to eradicating child labour, including its worst forms, on farms.

The Committee noted the Government’s information that consultations with the Ministry of Education, Sport and Culture would be made concerning the legislation fixing a specific age for the completion of compulsory schooling. Moreover, the Government indicated 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) which are aimed at ensuring that children of school age attend school.

The Committee noted that, according to the 2004 labour force survey contained in the Project for the Elimination of the Worst Forms of Child Labour report (WFCL Project’s report), supplied by the Government under Convention No. 182, out of the children aged 5–14 years involved in economic activities (42 per cent), 4 per cent never attended school and 14 per cent left school. Among children from 5 to 14 years performing non economic activities, such as household chores like fetching firewood and water, 6 per cent never attended school and 35 per cent left school. The Committee expressed the view that compulsory education is one of the most effective means of combating child labour. It once again requests the Government to provide information on the impact of the BEAM and the OVC NPA on increasing school attendance and reducing school drop-out rates, so as to prevent the engagement of children in child labour. It further requests the Government to provide information on any progress made towards the adoption of legislation fixing a specific age for the completion of compulsory schooling.

Article 6. Apprenticeship. The Committee had 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. However, Chapter 4, Part IV, subsection (1)(a), of the Manpower Planning and Development Act prescribes that the minimum age for apprenticeship is 16 years. It had therefore noted that section 11(1)(a) and (3)(b) of the Labour Act of 2002, permitting the employment of apprentices from the age of 13 years, was not in conformity with Article 6 of the Convention. The Committee noted the Government’s statement that it recognized the need for harmonized legislation in the area of apprenticeship. In this regard, the ongoing labour law reform in the country will include these issues, in consultation with the social partners. In the framework of the labour law reform, the Committee once again encourages the Government to take the necessary measures 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, paragraphs 1 and 4. Minimum age for admission to, and determination of, light work. The Committee had 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. It had also 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 Committee had finally observed that quite a number of children below 13 years of age were economically active in some way or another. Particularly, 406,958 children aged 5–14 were found working with a time limit of at least three hours. The Committee also noted the Government’s information that it would address, jointly with the social partners, the requests under this Article in the framework of the WFCL Project. In fact, it is the Government’s objective to ensure that this Project will deal with all forms of child labour. The Committee noted the Government’s information under Convention No. 182 that the Government and the social partners, in collaboration with the ILO, and other UN specialized agencies, are at an advanced stage towards the implementation of the WFCL Project. In the framework of the implementation of the WFCL Project, the Committee once again encourages the Government to take the necessary measures to ensure that no child under 13 years is allowed to carry out light work and that, where work is authorized from the age of 13 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention. It also once again requests the Government to provide information on any progress made towards amending its legislation in order 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.

Part V of the report form. Application of the Convention in practice. The Committee had previously expressed its concern at the seriousness and magnitude of the situation of children under 14 years working in the agricultural sector and in domestic services.

The Committee noted the ZCTU’s statement that the Government had failed to put in place measures that would help to eradicate child labour and its worst forms in the agricultural sector. In fact, whilst section 11 of the Labour Act prohibits child labour, in practice children as young as 6 years are working on farms. The Committee noted the Government’s statement in reply to the ZCTU’s allegations that it was not aware of situations in which 6-year-old children were working on farms.

The Committee, however, noted the child labour statistical data contained in the 2004 labour force survey (included in the WFCL’s Project report). This survey divides child labour into two categories: (a) economic child labour, where a child between 5 and 14 years is engaged in economic activities for at least three hours a day; (b) non-economic child labour, where a child between 5 and 14 years is engaged in non-economic activities for at least five hours a day. According to the survey, 42 per cent of children between 5 and 14 years were involved in economic activities and 2 per cent in non-economic activities. Of the children between 5 and 14 years involved in economic activities, 96 per cent were found in rural areas, the agricultural sector, hunting and the fishing industry. The highest number of children engaged in both economic and non-economic activities came from households with an income below ZW$50,000. As for occupational hazards, 3 per cent of children involved in economic child labour were injured at work, about 78 per cent of these occurring in agriculture. The Committee once again expresses its deep concern 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 encourages the Government to redouble its efforts to improve this situation and asks the Government to provide detailed information on measures taken in this regard, especially in respect of children working in the agricultural sector and domestic services. The Committee also once again asks the Government to provide statistical data on the employment of children and young persons, especially regarding the agricultural and domestic sectors, as well as extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the communication of the Zimbabwe Congress of Trade Unions (ZCTU) dated September 2005, as well as the Government’s reply thereto. The Committee requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that the Labour Act of 2002 and the Labour Relation Regulations of 1997 do not apply to self-employed workers. It had noted, however, the Government’s information that in practice children not bound by a labour relationship, such as self-employed workers, benefit from the protection afforded by the Convention. It had also noted that consultations with the social partners would be undertaken with a view to amend the legislation in order to explicitly cover all types of employment or work. The Committee notes the Government’s information that the labour law reform is ongoing in Zimbabwe and that, in this framework, the Government will be consulting the social partners on this issue. In the framework of the labour law review, the Committee encourages the Government to take the necessary measures to ensure that self-employed children benefit from the protection afforded by the Convention. It requests the Government to provide information on any developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee had noted that section 5 of the Education Act of 1996 states that it is the objective in Zimbabwe that primary education for every child of school-going age shall be compulsory and to this end it shall be the duty of parents of any such child to ensure that such child attends primary school. It had also noted, however, that in its Concluding Observations on the initial report of Zimbabwe (CRC/C/15/Add.55, paragraph 19), the Committee on the Rights of the Child expressed its concern noting that primary education is neither free nor compulsory and that the quality of education is low.  

The Committee notes the ZCTU’s contention that children as young as 6 years work on farms in order to pay for their school fees. It also notes the ZCTU’s statement that the Government should reintroduce free education at the primary level in order to contribute to eradicating child labour, including its worst forms, on farms.

The Committee notes the Government’s information that consultations with the Ministry of Education, Sport and Culture will be made concerning the legislation fixing a specific age for the completion of compulsory schooling. Moreover, the Government indicates that it has launched various programmes, such as the Basic Education Assistance Module (BEAM) and the National Action Plan for Orphans and other Vulnerable Children (OVC NPA) which are aimed at ensuring that children of school age attend school.

The Committee notes that, according to the 2004 labour force survey contained in the Project for the Elimination of the Worst Forms of Child Labour report (WFCL Project’s report), supplied by the Government under Convention No. 182, out of the children aged 5–14 years involved in economic activities (42 per cent), 4 per cent never attended school and 14 per cent left school. Among children from 5 to 14 years performing non economic activities, such as household chores like fetching firewood and water, 6 per cent never attended school and 35 per cent left school. The Committee is of the view that compulsory education is one of the most effective means of combating child labour. It requests the Government to provide information on the impact of the BEAM and the OVC NPA on increasing school attendance and reducing school drop out rates, so as to prevent the engagement of children in child labour. It further requests the Government to provide information on any progress made towards the adoption of legislation fixing a specific age for the completion of compulsory schooling.

Article 6. Apprenticeship. The Committee had 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. However, Chapter 4, Part IV, subsection (1)(a), of the Manpower Planning and Development Act prescribes that the minimum age for apprenticeship is 16 years. It had therefore noted that section 11(1)(a) and (3)(b) of the Labour Act of 2002, permitting the employment of apprentices from the age of 13 years, was not in conformity with Article 6 of the Convention. The Committee notes the Government’s statement that it recognizes the need for harmonized legislation in the area of apprenticeship. In this regard, the ongoing labour law reform in the country will include these issues, in consultation with the social partners. In the framework of the labour law reform, the Committee encourages the Government to take the necessary measures 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, paragraphs 1 and 4. Minimum age for admission to, and determination of, light work. The Committee had 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. It had also 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 Committee had finally observed that quite a number of children below 13 years of age were economically active in some way or another. Particularly, 406,958 children aged 5–14 were found working with a time limit of at least three hours. The Committee also notes the Government’s information that it will address, jointly with the social partners, the requests under this Article in the framework of the WFCL Project. In fact, it is the Government’s objective to ensure that this Project will deal with all forms of child labour. The Committee notes the Government’s information under Convention No. 182 that the Government and the social partners, in collaboration with the ILO, and other UN specialized agencies, are at an advanced stage towards the implementation of the WFCL Project. In the framework of the implementation of the WFCL Project, the Committee encourages the Government to take the necessary measures to ensure that no child under 13 years is allowed to carry out light work and that, where work is authorized from the age of 13 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention. It also requests the Government to provide information on any progress made towards amending its legislation in order 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.

Part V of the report form. Application of the Convention in practice. The Committee had previously expressed its concern at the seriousness and magnitude of the situation of children under 14 years working in the agricultural sector and in domestic services.

The Committee notes the ZCTU’s statement that the Government has failed to put in place measures that will help to eradicate child labour and its worst forms in the agricultural sector. In fact, whilst section 11 of the Labour Act prohibits child labour, in practice children as young as 6 years are working on farms. The Committee notes the Government’s statement in reply to the ZCTU’s allegations that it is not aware of situations in which 6-year-old children are working on farms. 

The Committee, however, notes the child labour statistical data contained in the 2004 labour force survey (included in the WFCL’s Project report). This survey divides child labour into two categories: (a) economic child labour, where a child between 5 and 14 years is engaged in economic activities for at least three hours a day; (b) non-economic child labour, where a child between 5 and 14 years is engaged in non-economic activities for at least five hours a day. According to the survey, 42 per cent of children between 5 and 14 years were involved in economic activities and 2 per cent in non-economic activities. Of the children between 5 and 14 years involved in economic activities, 96 per cent were found in rural areas, the agricultural sector, hunting and the fishing industry. The highest number of children engaged in both economic and non-economic activities came from households with an income below ZW$50,000. As for occupational hazards, 3 per cent of children involved in economic child labour were injured at work, about 78 per cent of these occurring in agriculture. The Committee expresses its deep concern 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 encourages the Government to redouble its efforts to improve this situation and asks the Government to provide detailed information on measures taken in this regard, especially in respect of children working in the agricultural sector and domestic services. The Committee also asks the Government to provide statistical data on the employment of children and young persons, especially regarding the agricultural and domestic sectors, as well as extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that the Labour Act of 2002 and the Labour Relation Regulations of 1997 only apply to a labour relationship or to a contract of employment. It had requested the Government to provide information on the manner in which children who are not bound by a labour relationship or contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention. The Committee notes the Government’s information that in practice children not bound by the labour relationship or contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention. It notes the Government’s statement that consultation with the social partners will be undertaken with a view to amending the legislation in order to explicitly cover all types of employment or work. The Committee asks the Government to provide further information on the results of the abovementioned consultations and on any amendment to the present legislation ensuring that children who are not bound by a labour relationship or contract of employment, benefit from the protection afforded by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee had requested the Government to provide information on the age of completion of compulsory schooling and to supply a copy of the national legislation relating to education. The Committee notes the Government’s information that there is no age of completion of compulsory schooling per se; rather, section 5 of the Education Act, Chapter 25:04, of 1996 (of which a copy has been supplied by the Government), states that it is the objective in Zimbabwe that primary education for every child of school-going age shall be compulsory and to this end it shall be the duty of parents of any such child to ensure that such child attends primary school. The Committee however notes that, in its concluding observations on the initial report of Zimbabwe (CRC/C/15/Add.55, paragraph 19), the Committee on the Rights of the Child expressed its concern noting that primary education is neither free nor compulsory and that the quality of education is low.

The Committee is of the view that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness. Alternatively, if young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money (see ILO: Minimum Age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations; and Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee requests the Government to indicate whether it is envisaged to adopt legislation, which would fix the age of completion of compulsory schooling at 14.

Furthermore, the Committee notes with concern that, according to the National Child Labour Survey conducted in 1999 by the Government, a total of 826,412 children aged 5-14 work without any time limit. The Committee is of the view that compulsory education is one of the most effective means of combating child labour. It accordingly requests the Government to indicate the measures taken or envisaged to increase school attendance and to reduce school drop-outs, so as to prevent the engagement of these children in child labour. The Committee asks the Government to provide information on results attained in this area.

Article 2, paragraphs 4 and 5. Specification of a minimum age of 14 years for admission to employment or work. In its previous comments, the Committee had noted that the Government specified, at the time of ratification, 14 years as the minimum age for admission to employment or work. It had requested the Government to indicate whether workers’ and employers’ organizations were previously consulted, as required by Article 2, paragraph 4, of the Convention, for specifying a minimum age of 14 years. The Committee notes the Government’s statement that workers’ and employers’ organizations were consulted for initially specifying a minimum age of 14 years. The Committee had also noted that section 3(2) of the Labour Relations (Employment of Children and Young Persons) Regulations of 1997, as amended in 1999, states that the minimum age for admission to employment is 15 years. The Committee observes the Government’s statement that it does not intend to specify a higher minimum age pursuant to Article 2, paragraph 2, of the Convention. The Committee once again draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years shall include, in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization, a statement that: (a) its reason for doing so subsists; or (b) it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3. Authorization to undertake hazardous work from the age of 16 years. The Committee had previously noted that under section 3(5) of the Labour Relations Regulations, a young person between 16 and 18 years of age may be employed in an activity provided he/she receives adequate specific instruction or vocational training in such activity. The Committee had requested the Government to indicate whether section 3(5) of the Labour Relations Regulations allows the exceptional employment of young persons in hazardous work as defined in section 3(1) of the Regulations and its schedule. The Committee notes the Government’s information that section 3(5) does not allow the exceptional employment of young persons in hazardous work as defined in section 3(1) of the Regulations and its schedule. It also notes that it is the Government’s intention to make sure that the health, safety and morals of young persons are fully protected, hence not allowing the exceptional employment of young persons in hazardous work.

Article 6 of the Convention. 1. Vocational training. In its previous comments, the Committee had requested the Government to provide information on the vocational and technical education system in Zimbabwe. It had also asked the Government to communicate information on the consultations held in this respect with the organizations of employers and workers concerned. The Committee notes the Government’s information that the vocational and technical education and training system is made up of polytechnic colleges and vocational training centres. Polytechnics train technicians and technologists offering courses, national certificates, national diplomas and higher national diplomas. These institutions admit students who would have completed and passed their ordinary level studies. It notes the Government’s information that, on the one hand, vocational training centres admit students who may not possess full ordinary level passes and also offer upgrade training to semi-skilled workers from industry and those apprentices preparing their trade testing examinations. The Committee notes the Government’s information that the curricula covered by the system is very wide and includes, inter alia, aircraft engineering, construction, electrical engineering, forestry, hairdressing, hotel and catering, mechanical engineering and printing. The Committee notes that the "document on the enrolment figures and curricula" has not been attached to the Government’s report. It asks the Government to supply a copy of this document within its next report. Noting the absence of information on the consultations held with the organizations of employers and workers concerned, the Committee further asks the Government to indicate whether the consultations prescribed by Article 6 of the Convention have taken place.

2. Apprenticeship. The Committee had 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. It had accordingly asked the Government to indicate the measures taken or envisaged to ensure that a minimum age of 14 applies to apprenticeships in undertakings, pursuant to Article 6 of the Convention. It had also asked the Government to provide information on the conditions prescribed for work done by apprentices. The Committee notes the Government’s information that contrary to the fact that sections 11(1)(a) and 3(b) of the Labour Act permits the employment of apprentices from the age of 13, Chapter 4, part IV, subsection (1)(a) of the Manpower Planning and Developing Act, prescribes that the minimum age for apprenticeship is 16 years. The Committee notes the Government’s statement that, in practice, an apprentice needs to have reached the age of 16 for the Apprenticeship Board to clear him/her for the purposes of employment. According to the Government, in practice it is not possible for a young person under 16 years to be employed as an apprentice, because normally the age of completion of ordinary level studies is 16 or 17. The Committee also notes the Government’s information that, in case of apprenticeships, the students are given adequate specific instruction and work under the supervision of an experienced person. They are also made to strictly adhere to rules and regulations governing occupational health and safety. However, the Committee notes that subsections (1)(a) and (3)(b) of section 11 of the Labour Act of 2002, permitting the employment of apprentices from the age of 13, are not in conformity with Article 6 of the Convention. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that all relevant legal provisions are brought into conformity with the Convention and national practice. The Committee also asks the Government to supply a copy of the Manpower Planning and Developing Act.

Article 7, paragraphs 1 and 4. Minimum age for admission to, and determination of, light work. The Committee had previously noted that, according to section 3(4) of the Labour Relations Regulations, a child who is over 13 years of age may perform light work where such work: (a) is an integral part of a course of education or training for which the school or training institute is primarily responsible; and (b) does not prejudice such child’s education, health, safety, social or mental development. Moreover, the Committee had asked the Government to provide information on the types of light work activities that are permitted for children from 13 years of age and the conditions in which such work may be undertaken. The Committee notes the Government’s statement that it intends 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.

In this regard, the Committee observes that, according to the National Child Labour Survey of 1999, quite a number of children below 12 years of age are economically active in some way or another. Particularly, according to this source, 406,958 children aged 5-14 were found working with a time limit of at least three hours. The Committee reminds the Government that, under Article 7, paragraphs 1 and 4, of the Convention, national laws and regulations may permit the employment or work of persons from 12 to 14 years of age on light work, provided that it: (a) is not likely to be harmful to their health or development; and (b) is not such as to prejudice their attendance at school, their participation in vocational guidance or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further reminds the Government that, according to Article 7, paragraph 3, the competent authority shall determine the light work which may be permitted and shall prescribe the number of hours during which, and the conditions in which, it may be undertaken. The Committee requests the Government to take the necessary steps to ensure that no one under 12 years may be allowed to carry out light work and that, where work is authorized from the age of 12 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention.

Article 8. Artistic performances. The Committee had previously noted that artistic performances by children are a common feature in Zimbabwe. It had requested the Government to indicate the measures taken or envisaged to ensure that the approval for young persons below 14 years of age to take part in artistic performances is granted in individual cases under the conditions of Article 8 of the Convention. The Committee notes the Government’s information that the artistic performances involving children in Zimbabwe are not for any commercial value. In fact, the artistic performances previously referred to by the Government are those that are curricula based and take the form of traditional dances. The Committee notes the Government’s statement that these performances usually take place during open days and prize-giving days where children will be entertaining guests (usually their parents). Thus, it is not a form of employment where there is need for regulation. The Committee takes due note of this information.

Part V of the report form. In its previous report, the Committee had noted that, in its concluding observations (CRC/C/15/Add.55, paragraph 20), the Committee on the Rights of the Child expressed its concern about the persistence of situations of child labour, including agriculture, domestic service and commercial farms. The Committee had also noted with concern the data revealed by the National Child Labour Survey conducted in 1999 by the Government (through the Ministry of Public Service, Labour and Social Welfare and the Central Statistical Office) targeting children aged 5-17 years. Particularly, it had noted that, according to this survey, out of the 4.6 million children between the ages of 5 and 17, a total of 1,225,868 children work without any time limit (826,412 for children aged 5-14) and 657,444 children work with a time limit of at least three hours (406,958 for children aged 5-14). In addition, over 90 per cent of the economically active children reside in the rural areas, where the age cohort of 10-14 accounts for the majority of the children involved in economic activities. The Committee notes that most of the children (88 per cent) were found to be unpaid family workers performing work during school holidays or outside school hours, such as assisting in agricultural activities. In the rural areas, 90 per cent of children were found to be engaged in such household activities (75 per cent in urban areas). Furthermore, children in the age group 5-9 (11 per cent) were found to be involved in housekeeping activities for five hours and more.

The Committee notes the Government’s information that a project proposal has been submitted to ILO/IPEC aimed at rehabilitating the victims of child labour from the domestic and agricultural sectors. It also notes the Government’s statement that there are also some programmes like the Basic Education Assistance Module (BEAM), with the aim of reducing the number of children dropping out of school and reaching out to those who have never been to school.

In view of the seriousness and magnitude of the situation, the Committee requests the Government to provide detailed information on measures taken to improve the situation, especially information on any policy measures or plans of action developed, especially in respect of children working in the agricultural and domestic services. It also asks the Government to continue supplying statistical data by age bracket on the employment of children and young persons, especially regarding the agricultural and domestic sectors, as well as extracts from the reports of inspection services and information of the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first and second reports. It also notes the entry into force in March 2003 of the Labour Act, 2002, as well as the amendments made to the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, in 1999.

Article 2 of the Convention. 1. Scope of application. The Committee notes that, by virtue of section 3, the Labour Act, 2002, applies to all employers and all employees. The terms employee and employer are defined respectively in section 2 of the Labour Act, as "any person employed by or working for any employer, and receiving or entitled to receive any remuneration in respect of such employment or work" and "any person whatsoever who employs or provides work for another person and remunerates or expressly or tacitly undertakes to remunerate him […]". The Committee also notes that section 5 of the Labour Relations Regulations, 1997, provides for conditions of the contracts of employment for a child or young person. It observes that, according to those sections, the Labour Act, 2002, and the Labour Relations Regulations, 1997, apply only to a labour relationship or contract of employment. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. It would be grateful if the Government would provide information on the manner in which children who are not bound by a labour relationship or contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention.

2. Age of completion of compulsory schooling. The Committee notes the information provided by the Government in its 2002 report according to which there is free primary education in Zimbabwe. The Committee requests the Government to provide information on the age of completion of compulsory schooling and to communicate a copy of the national legislation relating to education.

3. Specification of a minimum age. The Committee notes that the minimum age for admission to employment or work of 14 years was specified by Zimbabwe at the time of ratification. It requests the Government to indicate whether workers’ and employers’ organizations were previously consulted for initially specifying a minimum age of 14 years, as required by Article 2, paragraph 4, of the Convention. The Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

The Committee notes with interest that, under section 3(2) of the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, as amended in 1999, no person shall employ a child under the age of 15 years and that under section 11(1)(b) of the Labour Act, 2002, no employer shall employ any person in any occupation otherwise than as an apprentice who is under the age of 15 years. The Committee observes that the minimum age for admission to employment or work of 14 years that was specified by Zimbabwe at the time of ratification is lower than the minimum age provided for by the national legislation. It draws the Government's attention to the possibility under Article 2, paragraph 2, of the Convention of notifying the Director-General of the International Labour Office, by a further declaration, that the Government has now specified a higher minimum age than that previously specified.

Article 3. Authorization to work as from the age of 16 years. The Committee notes with interest that, under section 3(1) of the Labour Relations Regulations, 1997, no person shall employ a child (any person under the age of 16 years) or young person (any person between 16 and 18 years of age) in any of the types of hazardous work set out in a schedule annexed to the Regulations. It also notes that according to the Government’s report, consultation between the Government and the organizations of workers and employers concerned took place during the formulation of the Regulations. The Committee notes that under section 3(5) of the Labour Relations Regulations, a young person who has attained the age of 16 years but has not attained the age of 18 years may be employed in an activity in which he/she receives adequate specific instruction or vocational training in that activity. It recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate whether section 3(5) of the Labour Relations Regulations allows the exceptional employment of young persons in hazardous work as defined in section 3(1) of the Regulations and its Schedule. In that case, the Committee asks the Government to indicate the measures taken or envisaged to ensure that the health, safety and morals of the young persons concerned are fully protected, as required by Article 3, paragraph 3, of the Convention.

Article 6. 1. Vocational training. The Committee notes that the Government’s report refers to section 3(4)(a) of the Labour Relations Regulations, 1997, according to which a child who is 13 years of age or more may perform light work where such work is an integral part of a course of education or training for which the school or training institution is primarily responsible. The Committee requests the Government to provide information about the vocational and technical education system in Zimbabwe, types of institutions, enrolment figures, curricula, etc. It also requests the Government to provide information on the consultations held in this respect with the organizations of employers and workers concerned.

2. Apprenticeship. The Committee notes that section 11(1)(a) and (3)(b) of the Labour Act, 2002, permits the employment of apprentices from the age of 13. It reminds the Government that under Article 6 of the Convention, only persons from the age of 14 years may perform work in the context of apprenticeships in undertakings. The Committee requests the Government to indicate measures taken or envisaged to ensure that a minimum age of 14 applies to apprenticeships in undertakings. It also requests the Government to provide information on the conditions prescribed for work done by persons in the context of apprenticeships.

Article 7. 1. Employment or work of persons 13 to 15 years of age in light work. The Committee notes that section 3(4) of the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, provides that a child who is 13 years of age or more may perform light work where such work: (a) is an integral part of a course of education or training for which the school or training institution is primarily responsible; and (b) does not prejudice such child’s education, health, safety, social or mental development. The Committee requests the Government to indicate whether, according to section 3(4) of the Labour Relations Regulations, light work by children from the age of 13 years may only be performed in the context of general, vocational or technical education.

2. Determination of light work activities and conditions of work. The Committee notes that the Government’s report refers to section 4 of the Labour Relations Regulations, 1997, concerning hours of work. The Committee observes that section 4 indicates the maximum working hours (not more than six hours a day), prohibits working overtime and also entitles the child to one-and-a-half day’s leave each week. The Committee considers that the conditions set forth in this provision have been established to govern work done by children in general, and do not provide the necessary conditions to guarantee that light work carried out by children does not harm their health or development nor prejudice their participation in education. It reminds the Government that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to supply information on the types of light work activities that are permitted for persons from 13 years of age, and the conditions in which such employment or work may be undertaken. It also asks the Government to provide the relevant legislative texts in this respect.

Article 8. Artistic performances. The Committee notes the information provided by the Government in its reports that no use has been made of the exceptions permitted by this Article by way of legislation. It draws the Government’s attention to Article 8 of the Convention which lays down that, after consultation with the organizations of employers and workers concerned, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and the conditions in which such employment or work is allowed. The Committee observes the Government’s statement that artistic performances by children is a common feature in Zimbabwe. It recalls, however, that the specified minimum age for admission to employment or work in Zimbabwe is 14 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that approval for young persons of below 14 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number of hours during which and the conditions in which such employment or work is allowed. It also requests the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned.

Part V of the report form. The Committee notes that, in its concluding observations on the initial report of Zimbabwe (CRC/C/15/Add.55, paragraph 20), the Committee on the Rights of the Child expressed its concern about the persistence of situations of child labour, including in the fields of agriculture and domestic service and on commercial farms. The Committee notes with concern the National Child Labour Survey (CLS) conducted in 1999 by the Government, through the Ministry of Public Service, Labour and Social Welfare and the Central Statistical Office, which targeted children aged 5-17 years. According to the CLS, out of the 4.6 million children between the ages of 5 and 17, a total of 1,225,686 children work without any time limit (826,412 for children aged 5-14) and 657,444 children work with a time limit (at least three hours) (406,958 for children aged 5-14). The main sectors in which they work are agriculture, forestry and fishing (82.4 per cent) and private domestic (10.8 per cent). According to information available at the Office, Zimbabwe is considering the launching of IPEC-supported time-bound programmes (TBPs), which aim at preventing child labour, protecting working children and rehabilitating victims of child labour with a special focus on the domestic and agricultural services. The Committee requests the Government to provide information on any policy measures or plans of action developed, especially in respect of the agricultural and domestic services to bring as soon as possible its legislation and the Convention in conformity with the situation observed. It asks the Government to continue to supply to the Committee statistical data as precise as possible on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.