Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Zambie (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. The Committee had previously noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child to allow the child to be in any street, premise or place for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). It had noted the Government’s information that the Ministry of Community Development initiated massive awareness-raising campaigns and sensitization programmes on the need for the public to stop giving financial and material assistance to street children who beg on the streets. The Committee notes that the Government’s report has no information with regard to the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging. The Committee therefore once again draws the Government’s attention to Article 3(c), read with Article 2 of the Convention, which requires the prohibition of using, procuring or offering a child under 18 years for illicit activities including begging. The Committee urges the Government to amend its legislation to prohibit the use, procuring or offering of children under 18 years for illicit activities, including begging.

Article 5. Monitoring mechanisms. 1. Labour inspectorates and police officers. The Committee had previously noted the Government’s statement that, according to the provisions of section 18 of the Employment of Young Persons and Children’s Act, labour officers are entitled to enter, at all reasonable times, upon any land, premises or industrial undertakings to ensure compliance with the Act. It had also noted that according to the Labour Department Annual Report of 2006, the labour officers inspected about 1,020 workplaces that year and that no cases of child labour were detected in the formal sector, although some cases of child labour were found in the informal sector. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the number of investigations carried out by the labour officers and the police, including in the informal sector, and on the number and nature of violations detected with regard to children under the age of 18 years.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee had previously noted that the District Child Labour Committees (DCLC) and Community Child Labour Committees (CCLC), established at the district and community levels, are entrusted with the mandate to monitor the implementation of the programmes on the elimination of the worst forms of child labour. It had also noted that the activities and performance of the DCLCs and CCLCs are assessed by the Child Labour Unit within the Ministry of Labour. The Committee notes the Government’s statement that due to the lack of transport and communication services, the DCLCs are not able to function effectively in the districts, and hence information on the number of children withdrawn and rehabilitated is not available. The Committee requests the Government to take the necessary measures to make the DCLCs functional, and thereafter requests it to provide information on the number of children withdrawn from the worst forms of child labour and rehabilitated pursuant to the implementation of the programmes monitored by the DCLCs and the CCLCs.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted the Government’s statement that it is in the process of soliciting inputs from stakeholders for the National Child Labour Action Plan which is expected to be finalized by December 2008. The Committee notes the information provided by the Government in its report under Convention No. 138, that the draft National Action Plan on Child Labour includes measures for the elimination of child labour in the informal sector, such as: awareness-raising and sensitization activities; prevention, withdrawal and reintegration measures; and the creation of an enabling environment for the implementation of various activities. The Committee requests the Government to take the necessary measures to ensure that the National Action Plan on Child Labour is adopted as soon as possible. It also requests the Government to provide information on the implementation of this action plan, once adopted and on the results achieved in terms of removing children from the worst forms of child labour and rehabilitating them.

Article 7, paragraph 1. Penalties. The Committee had previously observed that concerning the use, procuring or offering of a child for prostitution, the Employment of Young Persons and Children’s Act (sections 3 and 17(B)) and the Penal Code (sections 38, 140, 146, 147 and 149) provide for different penalties. It had noted the Government’s statement that the Zambian Law Development Commission has taken the initiative to harmonize various pieces of legislation in consultation with the stakeholders. The Committee had requested the Government to indicate the progress made in harmonizing the discrepancies with regard to the penalties. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to harmonize the discrepancies with regard to the penalties, as well as their applicability, for the offence related to the use, procuring or offering of a child for prostitution, as established under the Employment of Young Persons and Children’s Act and the Penal Code. It once again requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour.
1. Access to education. The Committee had previously noted the Government’s information that there had been a remarkable decline in the number of out-of-school children. According to the Education Statistical Bulletin of 2006, only 11.2 per cent of out-of-school children between the ages of 7 and 18 were recorded in 2006 and the number of schools offering primary education and secondary education had increased from 4,021 to 4,269 and from 2,221 to 2,498, respectively. It had also noted the Government’s statement that the gross enrolment ratio for grades one to nine had increased steadily from 2003 to 2007 and that it had adopted a policy to upgrade primary schools into basic schools in order to ensure that children have access to basic education up to grade nine. As per the Child Labour Survey Report of 2005, the incidence of child labour was estimated at 895,000 with 92 per cent of all working children residing and working in rural areas. According to the UNESCO Report entitled “Education For All – Global Monitoring Report, 2008”, in Zambia, the primary net enrolment rates had increased by more than 20 per cent between 1999 and 2005.

The Committee had also noted the information provided by the Worker Members at the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138), that Zambia does not yet have a system of free, compulsory, formal and public education and, therefore, it would not be able to succeed in eliminating child labour. The Worker Members also stated that, although the abolition of school fees had resulted in an increase in the school enrolment rates and a decrease in the number of out-of-school children from 760,000 to 228,000 between 1999 and 2005, disadvantaged children were still two to three times less likely to be in school than other children. The Committee notes the Government’s information in its report under Convention No. 138 that efforts are under way to make schooling compulsory up to basic education level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, including by increasing the school enrolment rates and reducing school drop-out rates, especially of children in the rural areas. It requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved. The Committee further requests the Government to provide information on any progress made with regard to the extension of compulsory schooling up to basic level.

2. Commercial sexual exploitation. The Committee had previously noted the Government’s indication that a Time-bound programme (TBP) entitled “Support to the development and implementation of time-bound measures against the worst forms of child labour in Zambia” was launched in 2006. It had also noted the Government’s statement that this TBP of 2006 also addresses the issues of child commercial sexual exploitation. The Committee notes that according to the ILO/IPEC Technical Progress Report of March 2009, within the framework of this TBP a total of 9,115 children (4,346 boys and 4,769 girls) were withdrawn or prevented from child labour through the provision of educational services or training opportunities, and 7,101 (3,280 boys and 3,821 girls) through other non‑educational services

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child domestic work. The Committee had previously noted that the ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and francophone Africa”, launched in 2004 and in which Zambia is a participating country had contributed to the development of a National Plan of Action to Combat Child Domestic Labour and provided recommendations for the child labour policy (ILO/IPEC, final report, 2006). The Committee once again requests the Government to provide information on the implementation of the National Plan of Action to Combat Child Domestic Labour and its impact on eliminating child domestic labour.

Clause (e). Special situation of girls. The Committee had previously noted that the Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE), which aimed at increasing enrolment, progression and quality of education by sensitizing the community and parents, creating single sex classes for girls and improving teaching methodology. According to the UNICEF document on “Strategies of Girls’ Education”, 2004, the PAGE programme in Zambia was so successful that it had been extended to the whole country. This project, piloted in 1995 in 20 schools, was operational in over 1,000 schools in all 72 districts by 2002. The Committee had also noted the Government’s information that it had taken measures to readmit pregnant teenage girls to school after giving birth. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the implementation of the PAGE and the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Child Labour Survey Report of 2005, which provided statistical information on the prevalence of child labour in Zambia. The Committee once again requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, including the violations under Article 3(a)–(c) of the Convention, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.