Worst Forms of Child Labour Convention, 1999 (No. 182) - Zimbabwe (Ratification: 2000)

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

Zimbabwe (ratification: 2000)

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).

Articles 3 and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children.  The Committee previously noted that according to section 3(2)(3) of the Trafficking in Persons Act, 2014, the offence of trafficking of children under the age of 18 years falls under aggravating circumstances which is punishable with imprisonment for life or for any definite period of not less than ten years. The Committee requested the Government to provide information on the application in practice of this provision.

The Committee notes the Government’s information in its report that it has stepped up its efforts to combat trafficking in persons, including securing convictions and penalties for the perpetrators of this offence. However, the Government indicates that there are delays in the finalization of cases related to trafficking in persons due to the unavailability of witnesses or their unwillingness to testify before the courts. The Committee also notes the Government’s information that in 2017 the Anti-Trafficking Inter-Ministerial Committee (ATIMC) which coordinates actions to combat trafficking in persons, established five Provincial Anti-Trafficking Task Force Teams. The Government further indicates that training on dealing with cases related to trafficking in persons was provided to ten magistrates and 19 prosecutors across the country. In addition, data collection workshops for frontline responders to trafficking in persons, such as labour inspectors, social workers and members from civil society organisations were conducted. The Committee requests the Government to provide information on the activities carried out by the Provincial Anti-Trafficking Task Force Teams in identifying and preventing trafficking of children. It also requests the Government to take the necessary steps to ensure the effective application of section 3(2)(3) of the Trafficking in Persons Act, 2014, and to provide information on the number of offences detected related to the trafficking of children under the age of 18 years and the prosecutions, convictions and penalties applied.

Articles 6 and 7(2)(b). Programmes of action and direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Trafficking of children.  The Committee notes the Government’s information in its supplementary report that a five-day capacity building Training of Trainers workshop on victim protection and coordination for Government officials and civil society to enhance their efforts to coordinate anti-trafficking responses was conducted in August 2019 in Darwendale and, Mashonland West Province. Moreover, exhibitions to raise awareness on anti-trafficking were carried out at the Zimbabwe International Trade Fair and Harare Agricultural show and materials with anti-trafficking messages were distributed to the public. The Committee also notes the Government’s information that in the two cases reported by Zimbabwe related to trafficking of children to Zambia in 2019, the child victims were placed in safety homes and provided with psycho-social support and basic social services.

The Committee further notes the Government’s information that the ATIMC developed an updated Trafficking in Persons National Plan of Action (NAPLAC) 2019-2021. It notes from the NAPLAC document that this second NAPLAC which is anchored on the four pillars of prevention, prosecution, protection and partnership is framed in line with the international best practices in the response to trafficking of persons. The Committee also notes from this document that one of the guiding principles of the NAPLAC relates to affording special protection and assistance to child victims of trafficking. The Committee requests the Government to provide information on the concrete measures taken to combat the sale and trafficking of children under the age of 18 years within the framework of the 2019-2021 NAPLAP. It also requests the Government to provide information on its implementation as well as on the results achieved in terms of the number of children removed from trafficking and provided assistance.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Street children.  In its previous comments, the Committee noted the various initiatives carried out to protect street children, including the Street Children Fund (SCF), the National Case Management System, and the Family Clubs which oversaw the welfare of children, helped in preventing them from being involved in exploitative activities on the streets as well as supported the reintegration of street children. The Committee requested the Government to provide information on the number of children assisted through these initiatives.

The Committee notes the Government’s information that from 2018 to date, a total number of 1035 street children were assisted through the SCF. The Government also indicates that in 2019, an amount of $50,000 (US$138.160) was allocated to the SCF. The Committee further notes the Government’s information that the Family clubs was revived and expanded countrywide with the aim of promoting good parenting skills to families including those headed by grandparents and child-headed households in order to keep children within the family environment. For children without any family, foster care, adoption and institutionalisation are considered so that children do not end up being exposed to the worst forms of child labour. Furthermore, assistance and rehabilitation procedures for street children are coordinated by the National Inter-Ministerial Taskforce and Multi-Sectoral Taskforces at the provincial and district levels. The Committee encourages the Government to pursue its efforts to protect street children under 18 years of age from the worst forms of child labour. It requests the Government to continue to provide information on the number of children assisted through the SCF as well as the impact of the National Case Management System and Family clubs in protecting street children.

Application of the Convention in practice.  The Committee notes the Government’s reference to the findings of the UNICEF 2019 Multiple Indicator Cluster Survey according to which 27.9 per cent of children aged 5-17 years are involved in child labour. This findings show that one in three boys and one in five girls are involved in child labour with high prevalence in Masvingo, Midlands, Matabeleland South and Matabeleland North. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by measures giving effect to the Convention, the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by age and gender.

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.

Article 4(3) of the Convention. Periodic examination of the list of hazardous work. The Committee previously noted the Government’s indication that following the adoption of the Labour Amendment Act of 2015, focus would be given to the revision of its supporting regulations, including the list of the types of hazardous work. 

The Committee notes the Government’s information in its report that the amendments to the Labour Act are still ongoing and that once the draft Bill is adopted, the Ministry of Public Service, Labour and Social Welfare will proceed to revise the list of types of hazardous work. Observing that the Government has been referring to the revision of the list of types of hazardous work since 2003, the Committee once again urges the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is revised, adopted and enforced, in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information that it had been implementing the Basic Education Assistance Module (BEAM) as well as the School Feeding Programme in order to ensure that vulnerable children are able to go to school and to ensure their attendance and retention in schools. The Committee noted, however, from the UNESCO Education For All National Review 2015, Zimbabwe, that while school enrolments remained relatively high, about 30 per cent of the approximately 3 million children enrolled in primary school did not complete the seven-year primary cycle. This report also indicated that the Government efforts were far from meeting the needs of about 1 million children who belonged to poor and disadvantaged families. The Committee urged the Government to strengthen its efforts to ensure access to free basic education to all children, particularly children from poor and disadvantaged families.

The Committee notes the Government’s information that it continues to strengthen the School Feeding Programme (SFP) which is currently being implemented in more than 70 per cent of the total number of registered schools in the country. The Government also indicates that the SFP has been linked with the Food Deficit Mitigation Programme as a sustainable support measure towards food provision to children in primary schools. It further notes the Government’s information that in 2019, the Government allocated 63 million dollars for the implementation of the BEAM. According to the Government’s report, the BEAM programme targets in particular, school-going children from poor households, child-headed households, orphans and children neglected by parents, children who have never been to school, and children who have dropped out of school or have failed to pay fees and levies due to poverty. The Committee, however, notes the Government’s statement that although numerous efforts are being made towards ensuring children’s access to education and enhancing the completion of basic education, financial resources remain a gap due to the economic challenges facing the Zimbabwean State as a whole.

The Committee notes that according to the findings of the UNICEF 2019 Multiple Indicator Cluster Survey of Zimbabwe, the percentage of children of school-going age who enter the first grade of primary education is 67.6 per cent and their net attendance ratio is 90.5 per cent. The percentage of children of primary school age, lower secondary school age and upper secondary school age not attending any school is 4.7 per cent, 23.6 per cent and 70.3 per cent respectively. The Committee also notes that the Committee on the Elimination of Discrimination Against Women (CEDAW), in its concluding observations of 10 March 2020 expressed its concern at the high school-dropout rates among girls (CEDAW/C/ZWE/CO/6, paragraph 35). While noting the measures taken by the Government, the Committee must express its concern at the high number of children who are not attending any school. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee once again urges the Government to strengthen its efforts to ensure access to free basic education to all children, particularly girls and children from poor and disadvantaged families, including through the BEAM project, the School Feeding Programme or otherwise. It also requests the Government to provide information on the concrete measures taken in this regard, particularly with respect to addressing the financial barriers to education, with a view to increasing school attendance rates and reducing drop-out rates.

Clauses (a) and (b). Preventing children from engaging in and removing them from the worst forms of child labour, and ensuring their rehabilitation and social integration. 1. Children engaged in hazardous work in tobacco farms. The Committee notes the observations of the ZCTU that children working in tobacco farms are involved in hazardous work and exposed to hazardous conditions which affects their health and disrupts their education. The Committee also notes a report provided by the ZCTU on a tripartite study conducted in June 2020 on child labour in the tobacco industry by the Ministry of Labour with the participation of the General Agriculture and Plantation Workers Union of Zimbabwe (GAPWUZ), ZCTU and the Employers Confederation. According to the findings of this study, children working in tobacco farms work for long hours, carry heavy weights and are exposed to extreme weather conditions and harmful chemicals such as nicotine and pesticides. The Committee also notes the Government’s information in its supplementary report that the report on the survey on Child Labour in Tobacco Sector conducted in March 2019 is being validated by the stakeholders which will be followed by dissemination and post survey interventions in the four provinces where the survey was conducted. The Government further indicates that this report is also intended to educate the general public of the dangers associated with child labour in these areas as well as to provide targeted interventions and strategies in the eradication of child labour in this sector. The Committee urges the Government to take the necessary measures to ensure that children under 18 years of age are not engaged in hazardous work in tobacco farms and to take effective and time-bound measures to remove them from such work and to provide for their rehabilitation and reintegration. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved. It further requests the Government to supply a copy of the findings of the survey on child labour in the tobacco sector, once available.

2. Children engaged in hazardous work in the mining sector. In its previous comments, the Committee noted the ZCTU’s statement that one of the worst forms of child labour most common in Zimbabwe was work in the mining sector, where children scavenge for minerals to survive. It also noted that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day. The Government indicated that the Ministry of Mines and Mining Development was working together with the law enforcement bodies to remove children from illegal mining activities. 

The Committee notes the Government’s statement that the statistics of children removed from illegal mining are currently not available and that they shall be provided once they are obtained. In this regard, the Committee notes the observations made by the ZCTU that hazardous child labour is still high in the mining sector. The Committee therefore urges the Government to take effective and time bound measures to prevent the engagement of children in hazardous work in the mining sector, and to provide for their removal and subsequent rehabilitation and social integration. It also requests the Government to provide information on the number of children removed from illegal mining activities by the Ministry of Mines and Mining Development and provided assistance for rehabilitation and reintegration.

Clause (d). Identify and reach out to children at special risk. Orphans of HIV/AIDS and other vulnerable children (OVC). In its previous comments the Committee noted the Government’s statement that it was committed to implementing the National Action Plan for Orphans and other Vulnerable Children (NAP for OVC) and was actively funding its programmes targeting all vulnerable children. It also noted the impact of the Harmonized Social Cash Transfers schemes (HSCT) and the BEAM project, which contained components aimed at protecting and supporting orphans and vulnerable children as well as the National Case Management System Project which addresses the needs of OVC. The Committee noted, however, that according to the 2015 UNAIDS estimates, an average of 790,000 children aged 0 to 17 years were orphans due to HIV/AIDS. The Committee therefore urged the Government to strengthen its efforts in order to prevent the engagement of these children in the worst forms of child labour.

The Committee notes the Government’s information that the coordinated efforts between the BEAM Community Selection Committee and the National Case Management System for the Care and Protection of Children which is responsible for the identification and referral of eligible children has remarkably increased the Government’s reach to vulnerable children. In addition, initiatives to harmonize the social protection programmes have been taken so that children benefitting from BEAM can also benefit from other programmes such as the HSCT programme.

The Committee further notes the Government’s information that the NAP for OVC which has embarked on its phase III from 2016 to 2020, has a multi-sectoral approach to comprehensively assist and support children and families in the country and there are defined coordination mechanisms and referral pathways for efficiency and programme effectiveness. The Government also indicates that within the framework of this action plan, a total of 91,391 children (42,315 males and 49,076 females), including 508 children involved in child labour and its worst forms, were assisted during the year 2018. The Committee further notes that according to the 2019 UNAIDS estimates, the average number of children aged 0 to 17 that are orphaned due to HIV/AIDS is 500,000, indicating a reduction from the 2015 estimates. While noting the measures taken by the Government, the Committee urges it to continue its efforts to prevent the engagement of orphans and OVCs in the worst forms of child labour, including through the NAP for OVC, the HSCT, the BEAM project and the National Case Management System. It requests the Government to provide information on the measures taken and the results achieved in this regard.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted the Government’s statement that it has had consultations with the relevant stakeholders on the development of a draft bill on human trafficking and that the Office of the Attorney-General was in the process of drafting this bill. The Committee expressed its concern that comprehensive legislation has yet to be adopted to prohibit the trafficking of persons under 18 years of age, including their trafficking for the purpose of labour exploitation.

The Committee notes with interest that the Trafficking in Persons Act, 2014, which contains provisions prohibiting the trafficking of children has been adopted. According to Section 3 of this Act, any person, who involuntarily (that is by force, violence, threats or fraud) or voluntarily or knowingly (by acts of recruiting, transferring, harbouring, receiving, attempting, assisting, procuring or facilitating) involves any other person in trafficking by transporting him or her into, outside or within Zimbabwe, for unlawful purposes (for the purposes of prostitution, pornography, debt bondage, forced labour or servitude (Section 2)) shall be punished. Moreover, Section 3(2)(3) of the Trafficking in Persons Act, makes the offence of trafficking a child under the age of 18 as aggravating circumstances, punishable with imprisonment for life or for any definite period of not less than ten years. The Committee requests the Government to provide information on the application in practice of Section 3(2)(3) of the Trafficking in Persons Act, including the number of offences detected related to the trafficking of children under the age of 18 years and penalties applied.

Article 6. Programmes of action. Trafficking. The Committee notes the information from the website of the United Nations Office on Drugs and Crime that the Government of Zimbabwe has launched the Trafficking in Persons National Plan of Action in July 2016 which focuses on the four interventions, namely prevention, prosecution, protection and partnership. The Committee requests the Government to provide information on the concrete measures taken to combat the sale and trafficking of persons under the age of 18 years within the framework of the Trafficking in Persons National Plan of Action. It also requests the Government to provide information on its implementation as well as the results achieved in terms of the number of children removed from this worst form of child labour and provided assistance.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. Street children. Following its previous comments, the Committee notes the Government’s information that the Street Children Fund (SCF) which supports the reintegration of street children assisted a total of 150 boys and 177 girls in 2015. The Government also indicates that it continues to implement its social protection initiatives, including through the National Case Management System which involves communities in the care and protection of children. The Government further indicates that it has introduced family clubs which oversee the welfare of children and help in preventing them from being involved in exploitative activities on the streets. The Committee encourages the Government to pursue its efforts to protect street children under 18 years of age from the worst forms of child labour. It requests the Government to continue to provide information on the number of children assisted through the SCF as well as the impact of the National Case Management System and family clubs in protecting street children.

2. Children engaged in mining activities. The Committee previously noted the Zimbabwe Congress of Trade Unions’ (ZCTU) statement that one of the worst forms of child labour most common in Zimbabwe is work in the mining sector, where children scavenge for minerals to survive. It also noted that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day.

The Committee notes the Government’s information that the Ministry of Mines and Mining Development works together with the law enforcement bodies to remove children from illegal mining activities. The Committee requests the Government to provide information on the number of children removed from illegal mining activities by the Ministry of Mines and Mining Development and provided assistance for rehabilitation and reintegration.

Application of the Convention in practice. In its previous comments, the Committee observed that there does not appear to be clear data on the number of children under 18 years of age who are engaged in the worst forms of child labour, including hazardous work.

The Committee notes the Government’s information that measures will be taken to include a module on the worst forms of child labour in its forthcoming Child Labour Survey. The Committee expresses the firm hope that the module on worst forms of child labour will be included in its forthcoming Child Labour Survey and that the information on its findings, particularly on the worst forms of child labour, will be made available.

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 4(3) of the Convention. Periodic examination of the list of hazardous work. The Committee previously noted the Government’s indication that it was initiating consultations in order to elaborate a new list of types of hazardous work.

The Committee notes the Government’s indication that, following the adoption of the Labour Amendment Act of 2015, focus will be given to the revision of its supporting regulations, including the list of the types of hazardous work. Observing that the Government has been referring to the revision of the list of types of hazardous work since 2003, the Committee expresses the firm hope that the Government will take the necessary measures to ensure the revision of the list of types of hazardous work prohibited to children under the age of 18 years, in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information that it was continuing its support to the Basic Education Assistance Module (BEAM) and taking several initiatives to address the financial barriers to education, in order to increase school attendance and reduce school drop-out rates.

The Committee notes the ZCTU’s observation that the BEAM project is facing financial constraints and that an increase in financial resources of 172 per cent would be needed to reach all children identified by school authorities as needing assistance. In this regard, the Committee notes the Government’s information that it continues to allocate funds to the BEAM project in order to ensure that vulnerable children are able to go to school. The Government also indicates that it continues to strengthen the School Feeding Programme as a way of ensuring attendance and retention of children in schools. The Committee notes, however, from the UNESCO Education For All National Review 2015, Zimbabwe, that while school enrolments remain relatively high, about 30 per cent of the approximately 3 million children enrolled in primary school do not complete the seven-year primary cycle. This report also indicates that although efforts such as BEAM are commendable, these are far from meeting the needs of about 1 million children who are from poor and disadvantaged families. The Committee further notes that the Committee on the Rights of the Child (CRC), in its concluding observation of 7 March 2016, expressed concern at the: low completion rates at the primary level owing to imposed tuition fees and hidden costs; low quality of education due to inadequate budget allocations to support educational programmes and infrastructure; and difficulties faced by some children in accessing education, particularly those living in poverty and those in remote areas (CRC/C/ZWE/CO/2, paragraph 68). While noting the measures taken by the Government, the Committee must express its concern at the high number of children who drop out of primary education and do not have access to free basic education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure access to free basic education to all children, particularly children from poor and disadvantaged families, through the BEAM project, the School Feeding Programme or otherwise, and to provide adequate funding for the proper implementation of these projects. It requests the Government to provide information on concrete measures taken in this regard, particularly with respect to addressing the financial barriers to education, with a view to increasing school attendance rates and reducing drop-out rates.

Clause (d). Identify and reach out to children at special risk. Orphans of HIV/AIDS and other vulnerable children. The Committee previously noted that many children in Zimbabwe were orphaned due to HIV/AIDS and that most of these children found themselves involved in the worst forms of child labour. In this regard, the Committee noted the allegations made by the ZCTU that the HIV/AIDS pandemic had contributed to the phenomenon of child poverty and child labour, as the number of child-headed families increased. It noted the measures taken by the Government to protect children orphaned by HIV/AIDS from becoming engaged in the worst forms of child labour, including the implementation of the Harmonized Social Cash Transfers schemes (HSCT) and the BEAM project, which contain components aimed at protecting and supporting orphans and vulnerable children as well as the Orphans and other Vulnerable Children National Action Plan (OVC NAP). However, the Committee noted with deep concern the large number of children aged 0 to 17 years who are orphaned due to HIV/AIDS in Zimbabwe and urged the Government to take effective and time-bound measures in this regard.

The Committee notes the Government’s statement that it is committed to the implementation of the OVC NAP and is actively funding its programmes targeting all vulnerable children. The Committee also notes from the Government’s report that within the framework of the HSCT, 145,691 children in all households and 47,037 child orphans benefitted in 2016. The Committee further notes that according to the Global AIDS Response Progress Report of 2015, the Government is implementing the National Case Management System Project (a project in collaboration between World Education’s Bantwana Initiative, USAID, UNICEF, and Zimbabwe’s Department of Social Services to strengthen and expand the national community case management system to reach the most vulnerable children in Zimbabwe and connect them to critical services) in order to address the needs of the OVC. This report also indicates that within the BEAM project, school-related assistance is provided to more than 60 per cent of children. The Committee notes, however, that according to the 2015 UNAIDS estimates, an average of 790,000 children aged 0 to 17 years are orphans due to HIV/AIDS. Expressing its concern at the large number of children who are HIV/AIDS orphans in the country, the Committee urges the Government to strengthen its efforts to prevent the engagement of these children in the worst forms of child labour, including through the OVC NAP, the HSCT, the BEAM project and the National Case Management System. It requests the Government to provide information on the measures taken and results achieved in this regard.

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

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

Article 4(3) of the Convention. Periodic examination of the list of hazardous work. The Committee previously noted the Government’s indication that a revision of the list of types of hazardous work was being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project), but that the revision of this list was envisaged to take place under phase II of the WFCL Project.

The Committee notes the Government’s indication that, while it has not received support with regard to the implementation of phase II of the WFCL Project, it is initiating consultations in order to elaborate a new list of types of hazardous work. Observing that the Government has been referring to the imminent revision of the list of types of hazardous work since 2003, the Committee once again strongly urges the Government to strengthen its efforts to ensure the appropriate examination and revision of the list of types of hazardous work prohibited for persons under 18 years of age, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee previously noted the contention of the Zimbabwe Congress of Trade Unions (ZCTU) that the relevant enforcement mechanisms needed to be enhanced, and that, while many of the legal provisions on the worst forms of child labour were sufficiently up to date, they lacked enforcement. The Committee noted the Government’s statement that efforts were being made to strengthen labour inspections so as to identify and deal with incidents of child labour. The Government indicated that it would take measures to ensure that the provisions giving effect to the Convention were adequately enforced. The Government indicated that it remained committed to eliminating the worst forms of child labour through various child protection strategies which were already in place, and that it planned to set aside resources within the 2012–13 national budget to start key initiatives within the phase II of the WFCL Project.

The Committee notes the Government’s information that it is currently working on enhancing the work of the labour inspectors through a consultative process that should culminate in the development of a training manual and ethical code of practice for labour inspectors. However, the Committee observes that phase II of the WFCL Project has yet to be implemented. The Committee expresses its deep concern at reports of the weak enforcement of provisions giving effect to the Convention. The Committee once again urges the Government to strengthen its efforts to combat the worst forms of child labour, including through strengthened enforcement of the relevant legislative provisions and measures to address the root causes of this phenomenon. The Committee also requests the Government to take the necessary measures, including through the allocation of resources, to ensure the implementation of phase II of the WFCL Project.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that Zimbabwe faced a decline in its net enrolment and completion rates of primary education, due to ongoing socio-economic challenges. The Committee also noted the ZCTU’s contention that school drop-outs are a common phenomenon in Zimbabwe. The Committee noted the Government’s statement that it was taking steps towards the attainment of universal primary education. The Government indicated that it was envisaging several measures in this regard, including reintroducing free primary education, providing school lunches, improving the quality of education and ensuring a predictable and adequate state budget for education. The Government also indicated that it waived tuition fees for children enrolled in rural schools, and that only levies were charged for these children. However, the Committee also noted that, according to the UNESCO “Education for All Global Monitoring Report” of 2011, there remained 224,000 out-of-school children between the ages of 6 and 12.

The Committee notes the Government’s information that it is continuing to enhance its support to the Basic Education Assistance Module (BEAM) and taking several initiatives to address the financial barriers to education, in order to increase school attendance and reduce school drop-out rates. However, according to the 2011 Child Labour Survey Report of the Zimbabwe National Statistics Agency, approximately 146,020 children (3.59 per cent; 1.91 per cent male and 1.68 per cent female) of children aged 5 to 17 years had never been to school, and 400,640 (9.85 per cent; 4.69 per cent male and 5.12 per cent female) had left school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts, through the BEAM or otherwise, to ensure access to free basic education to all children in Zimbabwe. The Committee requests the Government to provide information on concrete measures taken in this regard, particularly with respect to addressing the financial barriers to education, with a view to increasing school attendance rates and reducing drop-out rates.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee previously noted that there were approximately 5,000 street children in Harare, the majority of whom were boys between the ages of 14 and 18, that this number was increasing, and that 63 per cent of these children were orphans. The Rapid Assessment Survey indicated that begging was the source of livelihood for 45 per cent of these children. The Committee noted the Government’s indication that it put in place the Street Children Fund (SCF), which supports the reintegration of street children with their families to ensure that this process is smooth and sustainable.

The Committee notes the Government’s indication that in 2011 and 2012, the SCF assisted 300 and 264 children respectively. The Committee urges the Government to pursue its efforts to protect children under 18 years of age living and working on the streets from the worst forms of child labour. It requests the Government to continue to provide information on the results achieved in this regard, within the framework of the SCF.

Part V of the report form. Application of the Convention in practice. The Committee takes note of the 2011 Child Labour Survey Report and of the statistics therein. However, it observes that there does not appear to be clear data on the number of children under 18 years of age who are engaged in the worst forms of child labour, including hazardous work. The Committee therefore requests the Government to provide information on the nature, extent and trends of the worst forms of child labour in Zimbabwe, particularly with regard to hazardous work, complemented by disaggregated data.

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that Zimbabwean children were trafficked internally, and were also trafficked to other states for sexual exploitation, forced agricultural labour and domestic servitude. The Committee noted the statement of the ZCTU regarding the existence of trafficking of children to other countries in the region, such as Botswana and South Africa. However, the Committee noted that according to the 2009 United Nations Office on Drugs and Crime (UNODC) Global Report on Trafficking in Persons, no prosecutions or convictions were recorded for trafficking in persons in recent years, due to the absence of a specific provision on human trafficking. In this regard, the Committee noted the Government’s statement that it was in the process of discussing comprehensive legislation to deal with human trafficking in all its facets, including the trafficking of children. However, the Committee observed that the Government had been referring to similar forthcoming legislation since 2005.

The Committee notes the Government’s statement that it has had consultations with the relevant stakeholders on the development of a draft bill on human trafficking and that the Office of the Attorney-General is currently drafting this bill. The Committee must, therefore, express its concern that comprehensive legislation has yet to be adopted to prohibit the trafficking of persons under 18 years of age, including their trafficking for the purpose of labour exploitation. Accordingly, the Committee once again strongly urges the Government to take immediate measures to ensure that legislation prohibiting the sale and trafficking of children (including internal trafficking) for both labour and sexual exploitation is adopted as a matter of urgency, and to provide a copy of the relevant legislation, once adopted.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. Orphans of HIV/AIDS and other vulnerable children. The Committee previously noted that many children in Zimbabwe were orphaned due to HIV/AIDS and that most of these children found themselves involved in the worst forms of child labour. In this regard, the Committee noted the ZCTU’s allegation that the HIV/AIDS pandemic had contributed to the phenomenon of child poverty and child labour, as the number of child-headed families increased. The Committee noted that the Government launched the Orphans and other Vulnerable Children National Action Plan (OVC NAP) 2004–10, which sought to ensure that these children had access to education, food, health services, and that they were protected from abuse and exploitation.

The Committee notes the Government’s information that it continues to take effective measures to protect children orphaned by HIV/AIDS from becoming engaged in the worst forms of child labour, including the implementation of the Harmonized Social Cash Transfers Schemes (HSCT) and the Basic Education Assistance Module (BEAM), which contain components aimed at protecting and supporting orphans and vulnerable children. Moreover, the Committee notes that, according to the 2012 Zimbabwe Country Report to the United Nations General Assembly Special Session on HIV/AIDS, the second phase of the OVC NAP (2011–15) aims to reach out to about 250,000 households annually with cash transfers by 2015, in addition to paying school fees for about 550,000 primary-school children and 200,000 secondary-school children annually through the BEAM. However, the Committee notes with deep concern that, according to the 2011 UNAIDS estimates, an average of 1 million children aged 0 to 17 years are orphans due to HIV/AIDS in Zimbabwe. The Committee therefore urges the Government to take effective and time-bound measures, within the framework of the OVC NAP, and other programmes such as the HSCT and the BEAM, to protect children orphaned by HIV/AIDS and other vulnerable children from the worst forms of child labour.

2. Children engaged in mining activities. The Committee previously noted the ZCTU’s statement that one of the worst forms of child labour most common in Zimbabwe is work in the mining sector, where children scavenge for minerals to survive. The Committee also noted the information in the Rapid Assessment Survey of 2009 that 11.6 per cent of the children surveyed were engaged in mining work and that these children were mostly self-employed boys between the ages of 15 and 17 (though most started below the age of 14). The Rapid Assessment Survey further indicated that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day.

The Committee notes the ZCTU’s allegation that the Government has still not made efforts to finance and implement the five-year Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project), and that this project is almost coming to the end of its term before implementation.

However, the Committee notes the Government’s indication that it intends to embark on a resource mobilization exercise in order to carry out more data collection with a view to elaborate the appropriate interventions to protect children from all the worst forms of child labour, including those engaged in mining activities, and to provide them with rehabilitation services. The Committee urges the Government to take immediate and effective measures, in the framework of phase II of the WFCL Project or otherwise, to prevent children from engaging in hazardous mining activities, to remove them from these activities and to provide them with rehabilitative services. It once again requests the Government to provide information on effective and time-bound measures taken in this regard and the results achieved.

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

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

Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. It also noted that section 8 of the Children’s Act made it an offence to cause or induce a person under 18 to commit “immoral acts”. In response to the Committee’s request, the Government indicated that the term “immoral acts” is to be construed widely, to advance the intention of the Children’s Act, which is the protection and promotion of the welfare and rights of children.

The Committee notes the Government’s statement that the use, producing or offering of a child for the production of pornography or for pornographic performances is prohibited pursuant to the Children’s Act. It also notes the Government’s statement that information on court cases relating to sections 8 and 10(1)(d) of the Children’s Act are not currently available but would be communicated to the Office once available.

Article 7(2). Clause (c). Effective and time-bound measures. Access to free basic education for children removed from the worst forms of child labour. The Committee previously noted the Government’s indication that the Ruwa Rehabilitation Centre provides vocational training for children and caters to the needs of children under difficult circumstances. The Committee requested information on children who had been removed from the worst forms of child labour and provided services through this Centre. The Committee notes the Government’s statement that the Ruwa Rehabilitation Centre does not yet provide rehabilitation to children withdrawn from the worst forms of child labour. The Government indicates that it intends, during the implementation of phase II of the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe, to establish a special wing at the rehabilitation centre to cater to children withdrawn from the worst forms of child labour. The Committee requests the Government’s to pursue its efforts to provide appropriate rehabilitation services to children removed from the worst forms of child labour and to facilitate their access to basic education. It requests the Government to continue to provide information on progress made in this regard.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously observed that Zimbabwean legislation only covered cross-border trafficking for the purpose of sexual exploitation. However, the Committee noted that Zimbabwean children were trafficked internally, and were trafficked to other states for both forced agricultural labour and domestic servitude, in addition to sexual exploitation. The Committee also noted the statement of the Zimbabwe Congress of Trade Unions (ZCTU) regarding the existence of trafficking of children to other countries in the region, such as Botswana and South Africa. In this regard, the Committee noted that according to the 2009 UNODC Global Report on Trafficking in Persons, no prosecutions or convictions were recorded for trafficking in persons during the recent years, due to the absence of a specific provision on human trafficking.

The Committee notes the Government’s statement that it is fully committed to preventing and combating trafficking, should the phenomenon be present in the country. The Government indicates that it will embark on an exercise to determine the extent of the phenomenon in the country. The Committee also notes the Government’s statement that it is in the process of discussing comprehensive legislation to deal with human trafficking in all its facets, including the trafficking of children. However, the Committee observes that the Government has referred to similar forthcoming legislation since 2005. Moreover, the Committee notes the information on the website for the Zimbabwean Parliament that, as of 31 August 2011, legislation concerning trafficking had not yet been introduced in Parliament. Recalling that Article 1 of the Convention requires member States to take immediate measures to prohibit the worst forms of child labour as a matter of urgency, the Committee expresses its concern that comprehensive legislation has yet to be adopted to prohibit the internal trafficking of persons under 18, or their trafficking for the purpose of labour exploitation. Accordingly, the Committee once again urges the Government to take the necessary measures to ensure that legislation prohibiting the sale and trafficking of children (including internal trafficking) for both labour and sexual exploitation is adopted in the very near future. It requests the Government to provide information on progress made in this regard, and to provide a copy of the relevant legislation, once adopted.

Article 4(3). Periodic examination of the list of hazardous work. The Committee previously noted the Government’s indication that a revision of the list of types of hazardous work was being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project).

The Committee notes the Government’s statement that the revision of the list of types of hazardous work has not yet been undertaken, and that this is envisaged to take place under phase II of the WFCL Project. Observing that the Government has been referring to the imminent revision of the list of types of hazardous work since 2003, the Committee urges the Government to strengthen its efforts to ensure the appropriate examination and revision of the list of types of hazardous work prohibited for persons under 18, in consultation with the organizations of employers and workers concerned.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that Zimbabwe faced a decline in its net enrolment and completion rates of primary education, due to ongoing socio-economic challenges. The Committee also noted the ZCTU’s contention that school drop-outs are a common phenomenon in Zimbabwe. In this regard, the Committee noted that the Government had introduced the Basic Education Assistance Module (BEAM) in 2001, with the primary objective of reducing the number of drop-outs and of reaching those who had never been to school due to economic hardship. According to information from UNICEF, the BEAM was revitalized in 2009 and had supported over 550,000 children in 5,400 primary schools. Nonetheless, the Committee noted the information in the ILO–IPEC Rapid Assessment Survey on the worst forms of child labour in Zimbabwe (Rapid Assessment Survey), conducted in September 2008, that 70 per cent of the children surveyed had dropped out or never attended school.

The Committee notes the Government’s statement that it is taking steps towards the attainment of universal primary education. The Government indicates that it envisages several measures in this regard, including reintroducing free primary education, providing school lunches, improving the quality of education and ensuring a predictable and adequate state budget for education. The Government also indicates that it has waived tuition fees for children enrolled in rural schools, and that only levies are charged for these children. The Government indicates that such levies for needy children are paid for by the BEAM. However, the Committee also notes that, according to the UNESCO Education for All Global Monitoring Report of 2011, there remain 224,000 out-of-school children between the ages of 6 and 12. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts, including through the BEAM, to ensure access to free basic education to all children in Zimbabwe. The Committee requests the Government to provide information on concrete measures taken in this regard, particularly with respect to addressing the financial barriers to education, with a view to increasing school attendance rates and reducing drop-out rates.

Clause (d). Identify and reach out to children at special risk. 1. Orphans of HIV/AIDS and other vulnerable children. The Committee previously noted that many children in Zimbabwe are orphaned due to HIV/AIDS and that most of these children find themselves involved in the worst forms of child labour. In this regard, the Committee noted the ZCTU’s allegation that the HIV/AIDS pandemic has contributed to the phenomenon of child poverty and child labour, as the number of child-headed families increased. The Committee also noted that the Government had launched the Orphans and other Vulnerable Children National Action Plan (OVC NAP) in 2004, which seeks to ensure that these children have access to education, food, health services, and that they are protected from abuse and exploitation.

The Committee notes the Government’s statement that it has made significant efforts over the years to curb the spread of HIV/AIDS and to provide anti retroviral therapy for those infected. The Committee notes that Zimbabwe has developed a National Orphan Care Policy, which provides a package of basic care and protection for orphans. The Government further indicates that it has continued to register a gradual decline in HIV prevalence, dropping nearly 10 per cent between 2001 and 2009. The Committee also notes the information in the Government’s report to the UN General Assembly as a follow-up to the Declaration of Commitment on HIV/AIDS of April 2010 that approximately 21 per cent of households with OVCs received basic external support in 2009. This report indicates that more than 800,000 OVCs were provided with food or nutritional assistance support in 2009, while 219,874 OVCs were provided with school-related assistance.

Taking due note of the measures taken to provide assistance to orphans and other vulnerable children, the Committee notes the Government’s indication that HIV/AIDS remains a leading cause of the worst forms of child labour in the country. In this regard, the Committee notes the information from the Multiple Indicator Monitoring Survey Preliminary Report of August 2009 that one in four children in the country are orphaned by HIV/AIDS. The Committee therefore requests the Government to pursue and strengthen its efforts, within the framework of the OVC NAP, to protect children orphaned by HIV/AIDS and other vulnerable children from the worst forms of child labour. It requests the Government to continue to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

2. Street children. The Committee previously noted that, according to official estimates, there were approximately 5,000 street children in Harare, the majority of whom were boys between the ages of 14 and 18. It also noted that the number of street children had increased in recent years. Moreover, the Committee noted the information from the Rapid Assessment Survey revealing that 63 per cent of the street children surveyed were orphans, and the average age that these children began living on the streets was 10 years. The Rapid Assessment Survey indicated that begging was the source of livelihood for 45 per cent of these children.

The Committee notes the Government’s indication that, among other programmes for OVCs, it has put in place the street children fund which provides for the needs of more than 12,000 children living or working in the streets. The Government indicates that this programme supports the reintegration of street children with their families to ensure that this process is smooth and sustainable. The Government indicates that 7,253 children (6,959 boys and 1,203 girls) have been reunited in a family environment since 2007. The Committee urges the Government to pursue its efforts to protect children under 18 years living and working on the streets from the worst forms of child labour. It requests the Government to continue to provide information on the results achieved in this regard, within the framework of the programme for OVCs and the street children fund.

3. Children engaged in mining activities. The Committee previously noted the ZCTU’s statement that one of the worst forms of child labour most common in Zimbabwe is work in the mining sector, where children scavenge for minerals to survive. The Committee also noted the information in the Rapid Assessment Survey that 11.6 per cent of the children surveyed were engaged in mining work and that children were mostly self-employed boys between the ages of 15 and 17 (though most had started below the age of 14). The Rapid Assessment Survey further indicated that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day. The Committee expressed its serious concern at the situation of children working in hazardous conditions in mines, and requested the Government to take measures, within the framework of phase II of the WFCL Project, to protect children working in mines in hazardous conditions.

The Committee notes the Government’s statement that phase II of the WFCL Project has yet to be implemented, and notes that the Government provides no information on other measures taken to reach out to children engaged in hazardous work in mines. The Committee therefore urges the Government to take immediate and effective measures to prevent children from engaging in hazardous mining activities, and to remove and provide rehabilitative services to those children currently engaged in this worst form of child labour. It once again requests the Government to provide information on effective and time-bound measures taken in this regard and the results achieved.

Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. The Committee previously noted the ZCTU’s contention that land invasions had caused the displacement of farm workers and their families, causing children to engage in illicit activities, including prostitution. The ZCTU further indicated that the relevant enforcement mechanisms need to be enhanced, and that there is a strong need to address the underlying causes of the worst forms of child labour, particularly poverty and to provide a comprehensive social system. The Committee also noted that the Rapid Assessment Survey indicated that of the children interviewed, 18 per cent were engaged in prostitution and 23 per cent were engaged in illicit activities. The Rapid Assessment Survey also indicated that poverty was the major push factor for the worst forms of child labour and that children engaged in these activities because there were no immediately viable alternatives through which to support themselves or their households. The Survey concluded that, while many of the legal provisions on the worst forms of child labour are sufficiently up to date, this legislation lacked enforcement.

The Committee notes the Government’s statement, in response to the ZCTU’s allegations, that the land reform exercise is not the cause of children engaging in the worst forms of child labour. The Government indicates that the leading causes are poverty and the negative effects of the HIV/AIDS pandemic. The Committee also notes the Government’s statement that efforts are being made to strengthen labour inspections so as to identify and deal with incidents of child labour. The Government indicates that it will take measures to ensure that the provisions giving effect to the Convention are adequately enforced. Regarding the phase II of the WFCL Project, the Government indicates that the tripartite partners have concluded work on the Project, but that it has faced serious challenges with respect to resource mobilization. The Government indicates that it remains committed to eliminating the worst forms of child labour through various child protection strategies which are already in place, and that it plans to set aside resources within the 2012–13 national budget to start key initiatives within the phase II of the WFCL Project.

The Committee once again expresses its concern at reports of the weak enforcement of provisions giving effect to the Convention. The Committee urges the Government to strengthen its efforts to combat the worst forms of child labour, including through strengthened enforcement of the relevant legislative provisions and measures to address the roots causes of this phenomenon. The Committee also requests the Government to take the necessary measures, including through the allocation of resources, to ensure the implementation of phase II of the WFCL Project. The Committee requests the Government to provide information on the measures taken, and the results achieved.

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

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

Article 3 of the Convention. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that neither the Children’s Protection and Adoption Act (Children’s Act) nor the Sexual Offences Act contained specific provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. However, the Committee noted that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. It also noted that section 8 of the Children’s Act made it an offence to cause or conduce a person under 18 to commit “immoral acts”. It requested the Government to indicate the meaning of the term “immoral acts”.

The Committee notes the Government’s statement that “immoral acts” is to be construed widely, to advance the intention of the Children’s Act, which is the protection and promotion of the welfare and rights of children. The Committee requests the Government to provide information on the application in practice of sections 8 and 10(1)(d) of the Children’s Act, with regard to the use, procuring and offering of a child for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that section 13 of the Children’s Act punishes anyone who encourages, trains or knowingly provides a child or young person with facilities to commit an offence. It requested the Government to indicate whether the use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs is prohibited under this section. The Committee notes the Government’s statement that the use, procuring or offering a child for illicit activities is within the ambit of section 13 of the Children’s Act.

Article 4(3). Periodic examination of the list of hazardous work. The Committee previously noted Government’s indication that a revision of the list of types of hazardous work was being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project). The Committee notes the Government’s statement that further information will be provided during the implementation of phase II of the WFCL Project. The Committee requests the Government to provide information in its next report on any progress made concerning the revision of the list of the types of hazardous work.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted that the WFCL Project (phase I) was launched by the Government of Zimbabwe in cooperation with ILO–IPEC, UNDP, UNESCO and the IOM. A national steering committee, consisting of representatives from the Ministry of Public Service, Labour and Social Welfare, and other relevant ministries, as well as employers’ and workers’ representatives, was set up to guide the WFCL Project in the following objectives: (a) identifying the worst forms of child labour existing in Zimbabwe; (b) designing a Time-bound Programme (TBP) to eliminate the identified worst forms of child labour (phase I); and (c) implementing the TBP (phase II).

The Committee notes that, pursuant to these objectives, a Rapid Assessment Survey identifying the worst forms of child labour in Zimbabwe (Rapid Assessment Survey) was conducted in September 2008, and that a draft Five-Year National Programme for the Elimination of the Worst Forms of Child Labour, from the Ministry of Labour and Social Services (draft WFCL document) was produced in April 2009. The draft WFCL document indicates that the project design and implementation (phase II of the WFCL project) remains to be done. The Committee requests the Government to take the necessary measures to ensure the elaboration and completion of the WFCL Project TBP without delay, and to ensure the commencement of its implementation in the near future. The Committee requests the Government to provide information on progress made in this regard and, once implementation begins, to provide information on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee previously noted that the Ruwa Rehabilitation Centre provides vocational training for children removed from the worst forms of child labour. It noted the Government’s information that the Ruwa Rehabilitation Centre continues to cater for the needs of children under difficult circumstances and that it would provide information regarding the results achieved by the Centre in the future. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to provide statistical information on the number of children removed from the worst forms of child labour and rehabilitated through the Ruwa Rehabilitation Centre, as soon as it becomes available.

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that section 11 of the Sexual Offences Act No. 8 of 2001 prohibits procuring any person to leave Zimbabwe for purposes of sexual exploitation. It also noted the Government’s statement that the Children’s Protection and Adoption Act (Children’s Act) would be amended in order to deal explicitly with the sale and trafficking of children. The Committee further noted that Zimbabwean children were trafficked both internally and to other countries, for forced agricultural labour, domestic servitude and sexual exploitation, though observed that that the existing legislation only covered trafficking for purposes of sexual exploitation.

The Committee notes the ZCTU’S statement of the existence of trafficking of children to other countries in the region, such as Botswana and South Africa. The Committee notes the Government’s statement that it is in the process of enacting legislation to address trafficking in persons, for the purposes of both sexual and labour exploitation. However, the Committee observes that the Government has referred to forthcoming amendments prohibiting the trafficking of children since 2005. It also notes the information in the 2009 Report on the Trafficking in Persons, available on the website of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that, although the Government indicated that it was drafting comprehensive trafficking legislation, such a draft was neither publicly available nor introduced into Parliament.

The Committee notes the statement in the 2009 UNODC Global Report on Trafficking in Persons that, due to the absence of a specific provision on human trafficking, no prosecutions or convictions were recorded for trafficking in persons during the recent years. The Committee notes that the Trafficking Report indicates that internal trafficking had increased during the previous year (largely due to the closure of schools, worsening political violence and a faltering economy). The Trafficking Report further indicates that children in rural areas were trafficked within Zimbabwe, to farms for agricultural labour and to cities for forced domestic labour and commercial sexual exploitation. The Committee observes that the current legislation does not appear to prohibit this internal trafficking, nor the trafficking of children to other countries for the purpose of labour exploitation. Therefore, recalling that Article 1 of the Convention requires member States to take immediate measures to prohibit the worst forms of child labour as a matter of urgency, the Committee urges the Government to take the necessary measures to ensure that legislation prohibiting the sale and trafficking of children (including internal trafficking) for both labour and sexual exploitation is adopted in the very near future. It requests the Government to provide information on progress made in this regard, and to provide a copy of the relevant legislation, once adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the information contained in the report for the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project report) that Zimbabwe, while making significant progress towards the achievement of universal primary education in the 1990s, faced a decline in its net enrolment and completion rates of primary education, due to ongoing socio-economic challenges. It noted that the resources allocated to education by the Government were largely inadequate and, as a result, the number of school drop-outs had been constantly increasing in recent years, affecting girls disproportionately. The Committee also noted the information in the 2004 labour force survey that, out of the 3 million children aged 5–17 years, 8.2 per cent had never attended school, while 10.6 per cent had left school. However, the Committee noted that the Government had embarked, in 2001, upon the Basic Education Assistance Module (BEAM) with the primary objective of reducing the number of children dropping out of school, and to reach those who had never been to school due to economic hardship. It requested the Government to provide updated statistical information on the primary education enrolment and drop-out rates.

The Committee notes the ZCTU’s contention that school drop-outs are a common phenomenon in Zimbabwe. The Committee also notes the Government’s indication that the statistical information requested by the Committee will be compiled and supplied in due course. The Committee further notes the information in a UNICEF report of 26 May 2010 entitled “UNICEF Humanitarian Action Update: Zimbabwe” that the BEAM was revitalized in 2009 with strong support from several donors, and has supported over 550,000 children across 5,400 primary schools. However, the Committee notes the information in the Rapid Assessment Survey identifying the worst forms of child labour in Zimbabwe, conducted in September 2008 (Rapid Assessment Survey), that, of the children surveyed, 70 per cent had dropped out or never attended school (the Survey focused on children working in the worst forms of child labour). This Survey further indicates that, for these children, the cost of education was a major obstacle in their 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. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to ensure access to free basic education to all children in Zimbabwe. The Committee requests the Government to provide information on concrete measures taken in this regard, particularly with respect to addressing the financial barriers to education, with a view to increasing attendance rates and reducing drop-out rates. It also requests the Government to provide information, in its next report, on the number of children who have received free basic education under the BEAM.

Clause (d). Identify and reach out to children at special risk. 1. Child victims and orphans of HIV/AIDS. The Committee previously noted that Zimbabwe is one of the countries worst affected by HIV/AIDS; many children are orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. The Committee noted the ZCTU’s allegation that the HIV/AIDS pandemic had contributed to the phenomenon of child labour, as the number of child-headed families increased. The Committee noted the Government’s indication that in 2004 it had implemented the Orphans and other Vulnerable Children National Action Plan (OVC NAP), which seeks to ensure that orphans and other vulnerable children have access to education, food, health services, and that they are protected from abuse and exploitation. The Committee requested the Government to provide information on the impact of the OVC NAP.

The Committee notes the ZCTU’s contention, in its more recent allegations of 2009, that HIV/AIDS is a major contributor to child poverty. The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes the information in the Government’s report, submitted to the UN General Assembly as a follow up to the Declaration of Commitment on HIV/AIDS in January 2008, that the OVC NAP, spearheaded by the Ministry of Public Service, Labour and Social Welfare, had been implemented in 68 out of 83 districts. This report also indicates that, as of 2008, the OVC NAP had reached 147,012 beneficiaries through various interventions, including educational, medical, legal and psychosocial assistance. This report further indicates that, while there has been a continued decline in the prevalence of HIV/AIDS in the population, there are approximately 1,000,000 orphans under the age of 18 due to HIV/AIDS in Zimbabwe.

The Committee expresses its concern at the high number of children orphaned in Zimbabwe as a result of HIV/AIDS. Recalling that children orphaned by HIV/AIDS, and other vulnerable children, are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to strengthen its efforts, within the framework of the OVC NAP, to protect such children from these worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

2. Street children. The Committee previously noted that, according to official estimates, there were approximately 5,000 street children in Harare, the majority of whom were boys between the ages of 14 and 18. The Committee requested the Government to indicate the measures taken within the WFCL Project with regard to this group.

The Committee notes the Government’s statement that the objective of phase I of the WFCL Project was to ascertain the nature of the worst forms of child labour in Zimbabwe, and that there has not, as of yet, been action to deal with these worst forms. The Government indicates that it will implement remedial measures in the context of phase II of the project. The Committee also notes the information in a report on the worst forms of child labour, available on the website of the Office of the UN High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that, in recent years, the number of street children has increased. The Committee further notes that street children were examined in the Rapid Assessment Survey, revealing that 63 per cent of the street children surveyed were orphans, and the average age that these children began living on the streets was 10 years. The Rapid Assessment Survey indicated that begging was the source of livelihood for 45 per cent of these children. The Committee expresses its serious concern at reports that the number of street children is increasing, and requests the Government to take the necessary measures to ensure that children under 18 years living and working on the streets are protected from the worst forms of child labour. It further requests the Government to provide information on measures taken in this regard, within the framework of phase II of the WFCL Project, and on the results achieved.

3. Children engaged in mining activities. The Committee notes the ZCTU’s statement that the worst forms of child labour most common in Zimbabwe is in the mining sector, where children scavenge for minerals to survive. The Committee also notes the information available in the WFCL Report that children engage in the mining of diamonds, gold, chrome and tin, in addition to illegal gold panning with their families. The Committee further notes the indication in the Rapid Assessment Survey that it is mostly boys between the ages of 15 and 17 (though most had started below the age of 14), who are engaged in mining, and that these children are generally self-employed (11.6 per cent of the children surveyed in the Rapid Assessment Survey were engaged in mining work). The Rapid Assessment Survey further indicates that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day. The Committee expresses its serious concern at the situation of children working in hazardous conditions in mines, and requests the Government to take immediate measures, within the framework of the WFCL Project, to remove and provide rehabilitative services to children engaged in these hazardous mining activities. It requests the Government to provide information on effective and time‑bound measures taken in this regard and the results achieved.

Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. Following its previous comments, the Committee notes the ZCTU’s contention that land invasions have caused the displacement of farm workers and their families, causing children to engage in illicit activities, including prostitution. The ZCTU further indicates that the relevant enforcement mechanisms need to be enhanced, and that there is a strong need to address the underlying causes of the worst forms of child labour, particularly poverty and to provide a comprehensive social system.

The Committee notes that the Government refers to the Rapid Assessment Survey, which indicates that, of the children interviewed, 18 per cent were engaged in prostitution and 23 per cent were engaged in illicit activities. The Rapid Assessment Survey also indicates that, while many factors contribute to the worsening of children’s situations, poverty is the major push factor for the worst forms of child labour. The Survey further indicates that children were engaged in these forms of work because there were no immediately viable alternatives through which to support themselves and, in some cases, their households. Households mainly used the children’s income for basic needs that included rent and clothing. The Survey concludes that, while many of the legal provisions on the worst forms of child labour are sufficiently up to date, this legislation lacked enforcement. The Survey emphasized that law enforcement agencies/officers dealing with children’s issues must be adequately resourced to be able to protect the needs of children and that relevant Government ministries and departments who oversee the implementation of and compliance with the relevant legal provisions should receive the necessary fiscal support.

The Committee expresses its deep concern at reports of the weak enforcement of provisions giving effect to the Convention. The Committee requests the Government to redouble its efforts, within the implementation of phase II of the WFCL Project, to combat the worst forms of child labour, including through strengthened enforcement of the relevant legislative provisions and measures to address the roots causes of this phenomenon. The Committee requests the Government to provide information on the measures taken, and the results achieved. In addition, the Committee requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed, as soon as this information becomes available. To the extent possible, all information provided should be disaggregated by sex and age.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted that section 11 of the Sexual Offences Act No. 8 of 2001 prohibits procuring any person to leave Zimbabwe for purposes of sexual exploitation. It had also noted the Government’s statement that the sale and trafficking of children is considered an offence and that the Children’s Protection and Adoption Act (Children’s Act) would be amended in order to deal explicitly with the sale and trafficking of children.

The Committee notes that, according to the project document entitled “Elimination of the Worst Forms of Child Labour in Zimbabwe, phase 1” (WFCL project report), supplied by the Government, it is reported that Zimbabwe could be a source, transit and destination country for forced labour and sexual exploitation. It is believed that Zimbabwean children may be trafficked internally for forced agricultural labour, domestic servitude and sexual exploitation. Trafficked women and girls are lured out of the country to other countries, in Africa, America, Asia and Europe with false job or scholarship promises resulting in domestic servitude or commercial sexual exploitation. Trafficking and the commercial sexual exploitation of women and children have resulted in very adverse physical, psychological, and moral consequences for the victims. Poverty and deprivation, secondary status accorded to women in society, prejudice against the girl child, changing public attitudes towards sex and morality, urbanization and migration, have contributed to the phenomenon of trafficking.

The Committee expresses its concern at this situation. It observes that the existing legislation (Sexual Offences Act and the Children’s Act, as amended) only covers some aspects of trafficking for purposes of sexual exploitation, but does not expressly prohibit the sale and trafficking of children under 18 years, including for purposes of labour exploitation. The Committee also draws the attention of the Government to Article 1 which requires member States that have ratified the Convention to take “immediate” measures to prohibit the worst forms of child labour “as a matter of urgency”. The Committee requests the Government to take the necessary measures, as a matter of urgency, to prohibit the sale and trafficking of children under 18 years of age for purposes of sexual and labour exploitation. It requests the Government to provide information on any developments in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that neither the Children’s Act nor the Sexual Offences Act contain any provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. It had noted the Government’s information that an appropriate amendment to the Sexual Offences Act and the Children’s Act would seriously be considered in order to explicitly include child pornography. The Committee notes that section 8 of the Children’s Act states that any person who causes or conduces to the commission by a child (under 16 years) or young person (between 16 and 18 years) of “immoral acts” shall be guilty of an offence. It also notes that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. The Committee requests the Government to indicate the meaning of the term “immoral acts”.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that section 13 of the Children’s Act punishes anyone who encourages, trains or knowingly provides a child or young person with facilities to commit an offence. The Committee requests the Government to indicate whether the use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs is prohibited under section 13 of the Children’s Act.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s information that the revision of the list of types of hazardous work is being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project). In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on any further developments concerning the revision of the list of the types of hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that, according to the WFCL Project report, supplied by the Government, the WFCL Project has been launched by the Government of Zimbabwe in cooperation with ILO–IPEC, UNDP, UNESCO and IOM. The proposed project has the objective of assisting the Government and stakeholders: (a) to identify the worst forms of child labour existing in Zimbabwe; (b) to design a Time-bound Programme (TBP) to eliminate the identified worst forms of child labour (phase I); (c) to implement the TBP (phase II). The Government will implement the WFCL Project through the Ministry of Public Service, Labour and Social Welfare, in partnership with ILO–IPEC, UNDP, UNESCO and IOM as well as with employers’ and workers’ organizations, local authorities and NGOs. An overall Memorandum of Understanding (MOU) will be signed between the ILO and the Government of Zimbabwe specifying the respective roles of all parties. Moreover, a national steering committee, consisting of the representatives of the Ministry of Public Service, Labour and Social Welfare, and other relevant Ministries, as well as employers’ and workers’ representatives, will be set up to guide and oversee the work of the WFCL Project. The Committee requests the Government to provide information on the implementation of the WFCL Project, and results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee had previously noted that access to free education at the primary level has always been guaranteed in Zimbabwe. It had also noted that in 2001 the Government embarked upon the Basic Education Assistance Module (BEAM). The BEAM had significantly reduced the number of school drop-outs and was then extended to secondary schools. The Committee notes the Government’s information that the BEAM is still in place and through it children, who could otherwise be out of school on account of financial incapacity, are receiving assistance. The Government adds that it will provide statistics of the results under the BEAM. The Committee, however, notes the information contained in the WFCL Project report that Zimbabwe, while making significant progress towards the achievement of universal primary education in the 1990s, is now facing a decline in its net enrolment and completion rate of primary education, due to the current socio-economic challenges. The resources allocated to education by the Government are in most cases inadequate and, as a result, the number of school drop-outs has been constantly increasing in recent years, affecting girls disproportionately. Moreover, according to the 2004 labour force survey mentioned in the WFCL Project report, out of the 3 million children aged 5–17 years, 8.2 per cent never attended school, while 10.6 per cent left school. The Committee notes that achieving universal primary education is one of the Millennium Development Goals of Zimbabwe. It also notes that the WFCL Project focuses on education as a means of combating the worst forms of child labour. In the framework of the WFCL Project’s implementation, the Committee requests the Government to strengthen its efforts to reduce child drop-outs and keep children at school in order to prevent their engagement in the worst forms of child labour. It also requests the Government to provide updated statistical information on the primary education enrolment rates and the drop-out rates. It finally requests the Government to provide statistical data on the number of children who received free basic education under the BEAM.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee had previously noted that the Ruwa Rehabilitation Centre provides vocational training for children removed from the worst forms of child labour. It notes the Government’s information that the Ruwa Rehabilitation Centre continues to cater for the needs of children under difficult circumstances. The Government adds that it will in due course make available statistics regarding the results achieved by the Centre. The Committee requests the Government to provide statistical information on the number of children removed from the worst forms of child labour and rehabilitated through the Ruwa Rehabilitation Centre, as soon as it becomes available.

Clause (d). Identify and reach out to children at special risk. 1. Child victims/orphans of HIV/AIDS. The Committee had previously noted that in Zimbabwe, which is one of the countries worst affected by AIDS, many children were being orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. It had also noted that orphans and other vulnerable children, including those affected by HIV/AIDS, were taken care of in government-owned children’s homes as well as those privately owned by the church and other organizations.

The Committee notes the ZCTU’s allegation that the HIV/AIDS pandemic has contributed to the phenomenon of child labour, as the number of child-headed families keeps on increasing. It notes the Government’s information that in 2004 it implemented the Orphans and other Vulnerable Children National Plan of Action (OVC NPA), which seeks to ensure that orphans and other vulnerable children have access to education, food, health services, and that they are protected from abuse and exploitation. The Committee requests the Government to provide information on the impact of the OVC NPA, on protecting child victims or orphans of HIV/AIDS from the worst forms of child labour. It also requests the Government to provide information on any other measures taken or envisaged in order to protect child victims or orphans of HIV/AIDS from the worst forms of child labour.     

2. Street children. Following its previous comments, the Committee notes that, according to the WFCL Project report, a relatively new phenomenon is appearing in Harare, and probably elsewhere, which is that of street children. According to official estimates, in Harare they number around 5,000, the majority being boys from 14 to 18 years old. They are generally seen as “vagrants”, “truants”, “illegal vendors” by both the authorities and the public. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the impact of this Project on ensuring that children under 18 years working on the streets are protected from the worst forms of child labour.

Article 8. International cooperation. Following its previous comments, the Committee notes that the Government supplied a copy of the South African Development Community (SADC) Code on Child Labour. This Code provides guidelines for the member States on the issue of child labour.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that, according to the WFCL Project report, the 2004 labour force survey showed that in Zimbabwe there were about 3 million children between 5 and 17 years of age, out of whom 46 per cent were involved in economic activities. The Committee notes that, according to the WFCL Project report, the first phase of the project will consist in the identification of the worst forms of child labour in Zimbabwe and ascertaining their nature and extent. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed, as soon as this information becomes available.

Direct Request (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 reply. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted that section 11 of the Sexual Offences Act No. 8 of 2001 prohibits procuring any person to leave Zimbabwe for purposes of sexual exploitation. It had also noted the Government’s statement that the sale and trafficking of children is considered an offence and that the Children’s Protection and Adoption Act (Children’s Act) would be amended in order to deal explicitly with the sale and trafficking of children.

The Committee notes that, according to the project document entitled “Elimination of the Worst Forms of Child Labour in Zimbabwe, phase 1” (WFCL project report), supplied by the Government, it is reported that Zimbabwe could be a source, transit and destination country for forced labour and sexual exploitation. It is believed that Zimbabwean children may be trafficked internally for forced agricultural labour, domestic servitude and sexual exploitation. Trafficked women and girls are lured out of the country to other countries, in Africa, America, Asia and Europe with false job or scholarship promises resulting in domestic servitude or commercial sexual exploitation. Trafficking and the commercial sexual exploitation of women and children have resulted in very adverse physical, psychological, and moral consequences for the victims. Poverty and deprivation, secondary status accorded to women in society, prejudice against the girl child, changing public attitudes towards sex and morality, urbanization and migration, have contributed to the phenomenon of trafficking.

The Committee expresses its concern at this situation. It observes that the existing legislation (Sexual Offences Act and the Children’s Act, as amended) only covers some aspects of trafficking for purposes of sexual exploitation, but does not expressly prohibit the sale and trafficking of children under 18 years, including for purposes of labour exploitation. The Committee also draws the attention of the Government to Article 1 which requires member States that have ratified the Convention to take “immediate” measures to prohibit the worst forms of child labour “as a matter of urgency”. The Committee requests the Government to take the necessary measures, as a matter of urgency, to prohibit the sale and trafficking of children under 18 years of age for purposes of sexual and labour exploitation. It requests the Government to provide information on any developments in this regard.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that neither the Children’s Act nor the Sexual Offences Act contain any provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. It had noted the Government’s information that an appropriate amendment to the Sexual Offences Act and the Children’s Act would seriously be considered in order to explicitly include child pornography. The Committee notes that section 8 of the Children’s Act states that any person who causes or conduces to the commission by a child (under 16 years) or young person (between 16 and 18 years) of “immoral acts” shall be guilty of an offence. It also notes that section 10(1)(d) of the Children’s Act states that any person who causes any child or young person to perform or be exhibited in any way for public entertainment in a manner likely to be detrimental to the child’s or young person’s health, morals, mind or body, commits an offence. The Committee requests the Government to indicate the meaning of the term “immoral acts”.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that section 13 of the Children’s Act punishes anyone who encourages, trains or knowingly provides a child or young person with facilities to commit an offence. The Committee requests the Government to indicate whether the use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs is prohibited under section 13 of the Children’s Act.

Article 4, paragraph 3. Periodic examination of the list of hazardous work. Following its previous comments, the Committee notes the Government’s information that the revision of the list of types of hazardous work is being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project). In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on any further developments concerning the revision of the list of the types of hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s information that, according to the WFCL Project report, supplied by the Government, the WFCL Project has been launched by the Government of Zimbabwe in cooperation with ILO/IPEC, UNDP, UNESCO and IOM. The proposed project has the objective of assisting the Government and stakeholders: (a) to identify the worst forms of child labour existing in Zimbabwe; (b) to design a Time-bound Programme (TBP) to eliminate the identified worst forms of child labour (phase I); (c) to implement the TBP (phase II). The Government will implement the WFCL Project through the Ministry of Public Service, Labour and Social Welfare, in partnership with ILO/IPEC, UNDP, UNESCO and IOM as well as with employers’ and workers’ organizations, local authorities and NGOs. An overall Memorandum of Understanding (MOU) will be signed between the ILO and the Government of Zimbabwe specifying the respective roles of all parties. Moreover, a national steering committee, consisting of the representatives of the Ministry of Public Service, Labour and Social Welfare, and other relevant Ministries, as well as employers’ and workers’ representatives, will be set up to guide and oversee the work of the WFCL Project. The Committee requests the Government to provide information on the implementation of the WFCL Project, and results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee had previously noted that access to free education at the primary level has always been guaranteed in Zimbabwe. It had also noted that in 2001 the Government embarked upon the Basic Education Assistance Module (BEAM). The BEAM had significantly reduced the number of school drop-outs and was then extended to secondary schools. The Committee notes the Government’s information that the BEAM is still in place and through it children, who could otherwise be out of school on account of financial incapacity, are receiving assistance. The Government adds that it will provide statistics of the results under the BEAM. The Committee, however, notes the information contained in the WFCL Project report that Zimbabwe, while making significant progress towards the achievement of universal primary education in the 1990s, is now facing a decline in its net enrolment and completion rate of primary education, due to the current socio-economic challenges. The resources allocated to education by the Government are in most cases inadequate and, as a result, the number of school drop-outs has been constantly increasing in recent years, affecting girls disproportionately. Moreover, according to the 2004 labour force survey mentioned in the WFCL Project report, out of the 3 million children aged
5–17 years, 8.2 per cent never attended school, while 10.6 per cent left school. The Committee notes that achieving universal primary education is one of the Millennium Development Goals of Zimbabwe. It also notes that the WFCL Project focuses on education as a means of combating the worst forms of child labour. In the framework of the WFCL Project’s implementation, the Committee requests the Government to strengthen its efforts to reduce child drop-outs and keep children at school in order to prevent their engagement in the worst forms of child labour. It also requests the Government to provide updated statistical information on the primary education enrolment rates and the drop-out rates. It finally requests the Government to provide statistical data on the number of children who received free basic education under the BEAM.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee had previously noted that the Ruwa Rehabilitation Centre provides vocational training for children removed from the worst forms of child labour. It notes the Government’s information that the Ruwa Rehabilitation Centre continues to cater for the needs of children under difficult circumstances. The Government adds that it will in due course make available statistics regarding the results achieved by the Centre. The Committee requests the Government to provide statistical information on the number of children removed from the worst forms of child labour and rehabilitated through the Ruwa Rehabilitation Centre, as soon as it becomes available.

Clause (d). Identify and reach out to children at special risk. 1. Child victims/orphans of HIV/AIDS. The Committee had previously noted that in Zimbabwe, which is one of the countries worst affected by AIDS, many children were being orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. It had also noted that orphans and other vulnerable children, including those affected by HIV/AIDS, were taken care of in government-owned children’s homes as well as those privately owned by the church and other organizations.

The Committee notes the ZCTU’s allegation that the HIV/AIDS pandemic has contributed to the phenomenon of child labour, as the number of child-headed families keeps on increasing. It notes the Government’s information that in 2004 it implemented the Orphans and other Vulnerable Children National Plan of Action (OVC NPA), which seeks to ensure that orphans and other vulnerable children have access to education, food, health services, and that they are protected from abuse and exploitation. The Committee requests the Government to provide information on the impact of the OVC NPA, on protecting child victims or orphans of HIV/AIDS from the worst forms of child labour. It also requests the Government to provide information on any other measures taken or envisaged in order to protect child victims or orphans of HIV/AIDS from the worst forms of child labour.     

2. Street children. Following its previous comments, the Committee notes that, according to the WFCL Project report, a relatively new phenomenon is appearing in Harare, and probably elsewhere, which is that of street children. According to official estimates, in Harare they number around 5,000, the majority being boys from 14 to 18 years old. They are generally seen as “vagrants”, “truants”, “illegal vendors” by both the authorities and the public. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the impact of this Project on ensuring that children under 18 years working on the streets are protected from the worst forms of child labour.

Article 8 of the Convention. International cooperation. Following its previous comments, the Committee notes that the Government supplied a copy of the South African Development Community (SADC) Code on Child Labour. This Code provides guidelines for the member States on the issue of child labour.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that, according to the WFCL Project report, the 2004 labour force survey showed that in Zimbabwe there were about 3 million children between 5 and 17 years of age, out of whom 46 per cent were involved in economic activities. The Committee notes that, according to the WFCL Project report, the first phase of the project will consist in the identification of the worst forms of child labour in Zimbabwe and ascertaining their nature and extent. In the framework of the implementation of the WFCL Project, the Committee requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed, as soon as this information becomes available. 

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

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee had previously requested the Government to provide information on the activities and functioning of the National Child Welfare Council with regard to the elimination of the worst forms of child labour. The Committee notes the Government’s statement that the activities of the Council, in relation to the elimination of the worst forms of child labour, are best executed through the Child Welfare Fund, established by section 75H of the Children’s Protection and Adoption Act. It also notes the Government’s information that the Fund may be applied to furthering activities related to the dissemination of information on alcohol and drug abuse, teenage pregnancy and other problems affecting children and young persons, promoting education, skills training, health and any other projects aimed at promoting the welfare and protection of young persons. The Committee notes the Government’s statement that the thrust is to help young persons who are prone to the worst forms of child labour as much as possible. The Committee takes due note of this information.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee had noted that section 11 of the Sexual Offences Act No. 8 of 2001 provides that it is an offence to procure any other person to leave Zimbabwe with the intent that the other person become a prostitute; or to leave their usual place of residence, with the intent that he or she may become an inmate of or frequent a brothel elsewhere. The Committee had asked the Government to indicate whether a specific legal provision prohibits the sale and trafficking of children under 18 years, including for labour exploitation. The Committee notes the Government’s statement that the sale and trafficking of children is an offence and that the Children’s Protection and Adoption Act will soon be amended in order to explicitly deal with the sale and trafficking of children. The Committee draws the Government’s attention to the prohibition contemplated in Article 3(a) of the Convention which includes trafficking for the purpose of labour exploitation. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children under 18 years of age, including for the purpose of labour exploitation.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee had previously noted that under article 14(2) of the Constitution of Zimbabwe, forced labour does not include any labour required by way of parental discipline, including "other quasi-parental discipline" (article 26(1)). The Committee had asked the Government to clarify the meaning of "quasi-parental discipline". The Committee notes the Government’s information that this term refers to a situation where a parent is substituted. For example, at school, the teacher assumes the role of a parent. The Committee notes the Government’s statement that the kind of labour that can be exacted under this exception includes: sweeping of classrooms, watering flowers, washing one’s own clothes and cleaning of windows.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that the Sexual Offences Act punishes prostitution as an offence. It had also noted that section 12(a) of the Children’s Protection and Adoption Act, provides that if, upon the complaint of any person, the Juvenile Court is satisfied that a girl under the age of 18 is exposed to the risk of prostitution, or is living a life of prostitution, the court may order the parent or guardian of this girl to take appropriate measures to remedy the situation. It had asked the Government to indicate the steps taken or envisaged to ensure that the same protection is granted to boys under 18 years of age. The Committee notes the Government’s statement that Zimbabwe does not envisage a situation in which boys become prostitutes and that, under section 11 of the Sexual Offences Act, both boys and girls involved in prostitution are protected. It notes the Government’s statement that, in practice, similar protection is afforded to boys although it is not mentioned in the legislation. Moreover, mechanisms to explicitly spell out that there is similar protection afforded to boys could be worked out. The Committee takes due note of this information.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that neither the Children’s Protection and Adoption Act nor the Sexual Offences Act contain any provisions prohibiting the use, procuring or offering of a child under 18 for the production of pornography or pornographic performances. It had asked the Government to provide information on the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes the Government’s information that an appropriate amendment to the Sexual Offences Act and the Children’s Protection and Adoption Act will be considered in order to explicitly include child pornography. The Committee accordingly asks the Government to provide information on any amendments to the relevant legislation aimed at prohibiting the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering a child for illicit activities, in particular, for the production and trafficking of drugs. Noting the Government’s statement that an in-depth study needs to be carried out concerning this worst form of child labour, the Committee had previously asked the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering a of child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s information that the Ministry will work closely with relevant stakeholders to ensure that the legislation takes care of the issues relating to the elimination of the use, procuring or offering of children for illicit activities, in particular, for the production and trafficking of drugs in line with the international treaties. The Committee asks the Government to provide information on any concrete developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted that the labour inspectorate system, including the factory inspectorate, has the responsibility of identifying where the types of hazardous work exist. It had asked the Government to provide information on the work of the labour inspectorate to this end, as well as tripartite consultations held on the matter. It notes the Government’s information that labour officers bring to the attention of the factory inspector any hazardous work that they have noted. Moreover, the tripartite Zimbabwe Occupational Health and Safety Council (ZOHSC) provides the forum for consultations on the matter.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee had previously noted the Government’s indication that the list of the types of hazardous work would be revised under the Post National Child Labour Survey Programme once the necessary assistance from ILO/IPEC had been secured. The Committee once again requests the Government to provide information on any further developments concerning the revision of the list of the types of hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s statement that a National Plan of Action for orphans and other vulnerable children (NPA) was developed in 2003 with the participation of children as major stakeholders. The Government adds that this NPA is aimed at intensifying the implementation of national legislation policies relevant to children. This legislation seeks to provide legal protection for children who fall through the social safety nets. Moreover, this Plan will stand to benefit from ILO/IPEC assistance. The Committee asks the Government to provide further information on the implementation of the NPA for orphans and other vulnerable children of 2003 and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had asked the Government to indicate how the penalties provided by the relevant legislation giving effect to Article 3(a) to (d) of the Convention are applied in practice. It notes the Government’s information that the perpetrators are either jailed or fined and in some instances, they are made to perform community service.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee had previously noted that access to free education at the primary level has always been guaranteed in Zimbabwe. It had also noted that in 2001 the Government embarked upon the Basic Education Assistance Module (BEAM), with the aim of reducing the number of children dropping out of school and to reach out to those who had never been to school, due to economic hardships. The Committee notes with interest the Government’s information that BEAM has significantly reduced the number of school dropouts and the programme has then been extended to secondary schools in order to reduce the number of dropouts. Considering that education contributes to the elimination of the worst forms of child labour, the Committee asks the Government to continue providing information on the results achieved under BEAM, including in secondary schools.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee notes the Government’s indication that the Ruwa Rehabilitation Centre continues providing vocational training for children removed from the worst forms of child labour. It asks the Government to continue providing information on the activities of the Centre and their impact on the direct assistance and removal of children from the worst forms of child labour.

Clause (d). Identify and reach out to children at special risk. 1. Child victims and orphans of HIV/AIDS. The Committee had previously noted that Zimbabwe is one of the countries worst affected by AIDS. It had also noted that many children are being orphaned due to the HIV/AIDS pandemic and most of these children find themselves involved in the worst forms of child labour. The Committee had asked the Government to provide information on the measures taken or envisaged to protect these children. It had also requested the Government to provide information on the functioning of the labour inspectorate in terms of identifying children at special risk, in particular children affected by HIV/AIDS. The Committee notes the Government’s information that orphans and other vulnerable children, including those affected by HIV/AIDS, are being taken care of in Government-owned children’s homes, as well as those privately owned by the church and other organizations. Moreover, the labour inspectorate will bring to the attention of the social services division the detected cases of children at risk. The welfare officers or social workers will then act on the basis of the information so provided. The Committee asks the Government to continue providing information on the activities of the labour inspectorate and on any other effective and time-bound measures aimed at identifying and reaching out to child victims and orphans of HIV/AIDS.

2. Street boys. The Committee notes that the National Child Labour Survey conducted by the Government in 1999 did not cover the "hidden" activities of children, for example street children. Moreover, the same source reveals that street children are found in all the major cities in Zimbabwe. The Committee accordingly asks the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 years working on the streets are protected from the worst forms of child labour.

The Committee notes the Government’s statement that, regarding Article 7, paragraph 2, clauses (a), (b) and (e), of the Convention, it is waiting for technical and financial assistance from the ILO, in order to carry out the Post Child Labour Survey Programme that will encompass Project C (Rehabilitation of Victims of Child Labour). The Committee asks the Government to provide information on any developments in this regard.

Article 8. 1. International cooperation. Following its previous comments, the Committee notes the Government’s information that it continues to work alongside other countries in various issue areas. It also observes the Government’s statement that the Southern African Development Community (SADC) Code on Child Labour was adopted. The Committee asks the Government to supply a copy of this text with its next report.

2. Poverty reduction programme. The Committee notes the Government’s information that it intends to address the poverty situation by improving lives and working conditions of the poor through the Jobs for Africa Programme. The Committee asks the Government to continue providing information on the Jobs for Africa Programme and on any notable impact of this programme towards eliminating the worst forms of child labour.

Part III of the report form. With reference to its previous comments, the Committee notes that the Government will continue providing any court decisions regarding the application of the Convention.

Parts IV and V of the report form. The Committee had previously noted that Zimbabwe is considering the launching of IPEC-supported Time-bound Programmes (TBPs) aimed at preventing the worst forms of child labour, protecting working children and rehabilitating victims of child labour with a special focus on the domestic and agricultural sectors. The Committee notes the Government’s information that technical and financial assistance from the ILO is needed to carry out the Post Child Labour Survey Programme. It also notes that at present the Government does not have the capacity to provide statistical data on the worst forms of child labour disaggregated by sex and age group. This data, however, will be available once the Government gets funding for the Post Child Labour Survey Programme. The Committee asks the Government to communicate information on the developments concerning the Post Child Labour Survey Programme. It also asks the Government to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed, as soon as this information becomes available.

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

The Committee notes the Government’s first and second reports and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government in its first report according to which, the National Child Welfare Council which is composed of representatives of several government ministries, NGOs, international agencies, labour and business, has embarked on awareness campaigns with regard to the elimination of worst forms of child labour. Apart from the awareness campaigns, some of the organizations represented in the Council are dealing with their own specific programmes related to the elimination of child labour in general and are being implemented at the national level in different parts of the country. The Committee requests the Government to provide further information on the activities and functioning of the Council with regard to the elimination of worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that by virtue of section 4A of the Labour Relations Amendment Bill of 2000, no person shall be required to perform forced labour. It also notes that according to article 14 of the Constitution of Zimbabwe no person shall be held in slavery or servitude or required to perform forced labour. However, by virtue of paragraph 2 of article 14 of the Constitution, forced labour does not include any labour required by way of parental discipline, which, according to article 26(1) of the Constitution, includes school or other "quasi-parental discipline". The Committee requests the Government to clarify the meaning of "other quasi-parental discipline" and to describe what kind of labour may be exacted under this exception.

2. Sale and trafficking of children. The Committee notes that section 11 of the Sexual Offences Act No. 8 of 2001 provides that it is an offence to procure any other person to leave Zimbabwe with the intent that other person become a prostitute; or to leave their usual place of residence, with the intent that he or she may become an inmate of or frequent a brothel elsewhere. A person who is guilty of an offence by virtue of section 11 is liable to a fine not exceeding $50,000 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. The Committee notes however, that there appears to be no specific legal provision prohibiting the sale and trafficking of children under 18. It requests the Government to indicate whether a specific legal provision prohibits the sale and trafficking of children under 18.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to section 27 of the Defence Act and the National Service Act of 1979, the minimum age for voluntary enlistment and conscription into the armed forces is 18 years. It also notes that the Legal Age of Majority Act binds all Government agencies to recruit and employ people of the age of 18 or older.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 11 of the Act makes it an offence to procure any other person to become a prostitute, whether inside or outside Zimbabwe (paragraph (b)); or to leave Zimbabwe with the intent that other person may become a prostitute (paragraph (c)); or to leave his or her usual place of residence, not being a brothel, with the intent that he or she may become an inmate of, or frequent a brothel elsewhere (paragraph (d)). This offence carries a penalty of a fine not exceeding $500 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. The Committee notes that section 12(1)(a) of the Children’s Protection and Adoption Act provides that where, upon the complaint of any person, the juvenile court is satisfied that a girl under the age of 18 years is exposed to the risk of prostitution or is living a life of prostitution, the court may order the parent or guardian of the girl take appropriate measures to remedy the situation. It asks the Government about the steps it has taken or envisages to ensure that the same protection is afforded to boys under the age of 18 years.

2. The use, procuring or offering of a child for pornography. The Committee observes that neither the Children’s Protection and Adoption Act, nor the Sexual Offences Act contains any provisions prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances. It reminds the Government that by virtue of Article 3 (b) of the Convention the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, in conformity with Article 3(c) of the Convention.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the Government’s indication in its first report that there is a need to carry out an in-depth study on this worst form of child labour. In this respect, it reminds the Government that by virtue of Article 3(c) of the Convention the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in conformity with Article 3 (c) of the Convention.

Clause (d). Hazardous work. The Committee notes that under section 3(1) of the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, as amended in 1999, 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 the schedule annexed to the regulations. It also notes that section 7 of the labour relations regulations stipulates that any person who contravenes these regulations shall be guilty of an offence and liable to a fine of $2,000 (US$37) or imprisonment for a period of 12 months. The Committee also notes that section 11(4) of the Labour Relations Amendment Bill, 2000, prohibits the employment of any person under the age of 18 years to perform any work which is likely to jeopardize that person’s health, safety or morals, which work shall include but not be limited to work involving such activities as may be prescribed. Moreover, section 7(2)(g) of the Children’s Protection and Adoption Act, as amended in 2001, holds a parent or guardian of a child liable if he/she has made the child (a person under the age of 16 years) or young person (a person who has attained the age of 16 years but has not attained the age of 18 years) perform any child labour.

Article 4, paragraph 1. Determination of the types of hazardous work. The Committee notes that the schedule annexed to the Labour Relations (Employment of Children and Young Persons) Regulations, 1997, as amended in 1999, lists the following types of hazardous work: (1) any work which is likely to jeopardize or interfere with the education of the child or young person; (2) any work involving contact with any hazardous substance, article or process, including ionizing radiation; (3) any work involving underground mining; (4) any work that exposes a child to electrically-powered hand tools, cutting or grinding blades; (5) any work that exposes a child to extremes of heat, cold, noise or whole body vibration; (6) any night shift work. It also notes that section 2 of the Children’s Protection and Adoption Act, as amended in 2001, defines the expression "child labour" by enouncing the same activities mentioned in the list of the types of hazardous work included in the schedule annexed to the labour relations regulations.

Paragraph 2. Identification of hazardous work. The Committee notes the information provided by the Government in its first report according to which the labour inspectorate system inclusive of the factory inspectorate has the responsibility of identifying where the types of hazardous work exist and of taking the corresponding action in accordance with the Labour Relations (Employment of Children and Young Persons) Regulation, 1997. It asks the Government to provide information on the work of the labour inspectorate to this end, as well as tripartite consultations held on the matter.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee notes the Government’s indication in its first report that since the promulgation of the Labour Relations (Employment of Children and Young Persons) Regulation, 1997, the list of the types of hazardous work has been revised. However, the list will be revised once again under the Post National Child Labour Survey Programme once the necessary assistance from ILO/IPEC has been secured. The Government also indicates that the employers’ and workers’ organizations are part of the integrated proposal for the Post National Child Labour Survey Programme. The Committee requests the Government to provide information on developments concerning the revision of the list of the types of hazardous work.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. In its first report, the Government indicates that issues of child labour in general, and the worst forms of child labour in particular, are within the purview of the National Child Welfare Council, which is essentially a transformed child welfare forum established under the Children’s Protection and Adoption Amendment Act. The Committee notes that according to section 2B of the Children’s Protection and Adoption Amendment Act, the Council will perform the functions of advising the Minister on any matter relating to the welfare of the children, monitoring the situation of children in need of care, promoting the coordination of various organizations involved in the protection of the rights of children and to perform any other function that may be assigned to it by the Minister. This Council is working upon the proposed Post National Child Labour Survey Programme, which will be focusing on child labour in general and the worst forms of child labour in particular. The Committee notes the Government’s statement that workers’ and employers’ bodies are represented in this Council. It asks the Government to provide more information on the work of the National Child Welfare Council in relation to the enforcement of the provisions that are relevant to the application of Article 3(a) to (d) of the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication in its first report according to which, currently, there are no clear-cut programmes of action to eliminate the worst forms of child labour. It also notes that the Government is in the initial stages of developing programmes of action, with priority to an in-depth study of the worst forms of child labour. The Government states that any developments in this aspect would occur with the consent of all concerned groups. The Committee requests the Government to continue to provide information regarding the status of programmes of action taken by the Government, including information on consultations held with workers’ and employers’ organizations pursuant to Article 6 as to the design and implementation of such programmes, and information on the extent to which the views of other concerned groups have been or will be taken into consideration in their planning and implementation.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that violations of the national legislation giving effect to Article 3 (a) to (d) of the Convention constitute offences. Such offences carry penalties of fines and/or imprisonment. The Committee asks the Government to indicate how these sanctions are applied in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s statement that the effective measures to prevent the engagement of children in the worst forms of child labour shall be implemented after conducting in-depth studies on the worst forms of child labour which will be launched under the proposed post National Child Labour Survey Programme. It requests the Government to provide information on any developments in this respect.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. The Committee notes that the Government refers to Project C (Rehabilitation of Victims of Child Labour) of the proposed Post National Child Labour Survey Programme. It also notes that according to the National Child Labour Survey of 1999, the worst forms of child labour are primarily found in the agricultural sector (mostly hazardous work). The children who are victims of this practice need to be removed from such situations, rehabilitated and reintegrated to the society. Under this project the Government calls for the identification of those exposed to hazardous work and to make provisions for the removal and rehabilitation of such children. The Committee asks the Government to continue to provide information regarding the initiation and adoption of any measures taken in this respect.

Clause (c). Access to free basic education. The Committee notes the information provided by the Government in its first report according to which access to free education at primary level has always been guaranteed in Zimbabwe. The Government also indicates that between 1980 and 1990, it introduced and implemented free education for all children of school-going age as a fundamental basic human right, but under the Economic Structural Adjustment Programme (ESAP), Zimbabwe reintroduced school fees for part of primary education. In 2001, the Government embarked on the Basic Education Assistance Module (BEAM) with the primary objective of reducing the number of children dropping out of school and to reach out to those who had never been to school due to economic hardships. The Committee asks the Government to keep it informed of the findings and measures taken pursuant to the BEAM, especially regarding access to primary education of children from marginalized groups and vocational training for children removed from the worst forms of child labour.

Clause (d). Identify and reach out to children at special risk. The Committee notes the Government’s statement that children at special risk are identified through the labour inspectorate and by some individual groups. It also notes the Government’s indication that an integrated approach is envisaged under the proposed Post National Child Labour Survey Programme. Moreover, the Committee notes that according to IPEC’s publication entitled "HIV/AIDS and child labour in Zimbabwe: A rapid assessment", Zimbabwe is one of the countries worst affected by AIDS with about 2000 deaths a week due to HIV/AIDS-related illnesses. Many children are being orphaned due to the HIV/AIDS pandemic and most of these children find themselves on the streets, with relatives, or engaged in prostitution or being employed for long hours with little wages. The Committee, concerned over the seriousness of the situation, requests the Government to provide information on measures already taken or envisaged to protect these children and to provide more information regarding the functioning of the labour inspectorate in terms of identifying children at special risk, in particular regarding children affected by HIV/AIDS such as orphans, etc.

Clause (e). Take account of the special situation of girls. The Committee notes the information provided by the Government in its first report that the special situation of girls is taken care of in any child labour intervention programme and that this will be pursued under the envisaged Post National Child Labour Survey Programme. The Committee asks the Government to continue to provide information regarding the manner in which the special situation of girls is addressed.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its first report that the Ministry of Public Service, Labour and Social Welfare is the competent authority responsible for the effective implementation of the provisions giving effect to the Convention. The Committee requests the Government to provide information on the authority responsible for monitoring the implementation of the penal legislation giving effect to the Convention, especially the Sexual Offences Act and the Penal Code. It also asks the Government to indicate by what methods such implementation is supervised.

Article 8. International cooperation and/or assistance. The Committee notes that the Government’s report indicates that the South African Development Community (SADC), of which Zimbabwe is a member, has developed SADC draft code on child labour, which is awaiting approval by the member States. The Committee also notes that Zimbabwe is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. Moreover, the Committee notes the National Child Labour Survey which was conducted in 1999, by the Government, through the Ministry of Public Service, Labour and Social Welfare, and the Central Statistical Office with the assistance of ILO/IPEC to determine the nature and extent of child labour in Zimbabwe and identify areas for action.

While noting the information provided by the Government, the Committee recalls that by virtue of Article 8 of the Convention, Members shall take appropriate steps to assist one another in giving effect to the provision of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education. It therefore requests the Government to report any information on international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education. The Committee also requests the Government to provide information on developments concerning the adoption of the code on child labour by SADC and to provide a copy thereof as soon as it is adopted.

Part III of the report form. In its first report, the Government indicates that courts of law or tribunal have not yet given decisions involving questions of principle relating to application of the Convention. The Committee encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Parts IV and V of the report form. The Committee notes the information provided by the Government in its first report according to which the principles contained in Convention No. 182 are taken care of by national legislation and, in practice, child labour is discouraged in the country. The Government also indicates that the lack of an in-depth study on the nature and extent of the worst forms of child labour which require resources is one of the reasons that prevented and delayed any action against the worst forms of child labour. In this respect, the Committee notes that according to the National Child Labour Survey conducted in 1999, the worst forms of child labour are primarily found in the agricultural sector (mostly hazardous work).

However, the Committee notes that in the Post National Child Labour Survey Programme, the Government indicates that further research on the worst forms of child labour is necessary. The Government also indicates in the Post National Child Labour Survey Programme that, although the worst forms of child labour may not be common features of Zimbabwe society and economy, isolated cases of bondage (rural areas) and commercial sex involving male and female children have been reported in the media. Moreover, the UN Working Group on the Contemporary Forms of Slavery stated in its report (E/CN.4/Sub.2/1999/17, paragraph 82) that it was given information on trafficking in children for purposes of sexual exploitation and that, inter alia, girls in Zimbabwe had been the victims of such trafficking. The Committee notes that according to information available at the Office, Zimbabwe is considering the launching of IPEC supported time-bound programmes (TBPs), which aim at preventing the worst forms of child labour, protecting working children and rehabilitating victims of child labour with a special focus on the domestic and agricultural services. It hopes that the Government will launch the TBPs with IPEC.

The Committee requests the Government to communicate information on developments concerning the Post National Child Labour Survey Programme. It also asks the Government to supply information on the worst forms of child labour through copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, and status in employment, school attendance and geographical location.