Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 138) sur l'âge minimum, 1973 - Zimbabwe (Ratification: 2000)

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

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

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

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

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

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

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

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

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

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

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

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

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

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