Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la edad mínima, 1973 (núm. 138) - Zimbabwe (Ratificación : 2000)

Article 1 of the Convention.National policy, labour inspection and application of the Convention in practice. The Committee notes the Government’s indication that it has increased the budgetary allocations for the Basic Education Assistance Module (BEAM), one of the numerous forms of social protection measures to reach out to children who have never been to school due to social and economic constraints and provide them with educational assistance. The increased budget has allowed BEAM to increase the number of vulnerable children receiving educational assistance: 583,547 children in 2019, 1,360,000 children in 2021 and 1,856,996 in 2022. The Government also indicates that it is currently reviewing the National Action Plan for Orphans and Vulnerable Children and developing a fourth National Action Plan for Orphans and Other Vulnerable Children for the period 2023–27 (NAP-OVC IV). It is envisaged that the successor plan will provide for governance structures that will improve the implementation of ongoing programmes, such as BEAM and school feeding programmes.

With regard to labour inspection, the Committee notes the Government’s information that: (1) it continues to monitor the incidence of child labour by conducting regular labour inspections; (2) it is continuously improving the mobility of the labour inspectors by increasing the number of vehicles of the force; (3) 2,044 labour inspections were undertaken in 2020, 2,919 in 2021 and 5,972 in 2022; and (4) the National Employment Council (NEC) for the Agricultural Sector also conducted 31 labour inspections in 2020, 158 in 2021 and 678 in 2022. The Committee notes, however, that no information is provided on the findings of the inspections that took place.

The Committee recalls that, according to the findings of the UNICEF 2019 Multiple Indicator Cluster Survey, 27.9 per cent of children aged 5–17 years are estimated to be involved in child labour with more boys engaged in child labour than girls. Considering the prevalence of child labour in the country, the Committee notes with regret the absence of information provided on the findings of the labour inspections undertaken. The Committee therefore once again urges the Government to: (i) take concrete measures to ensure the progressive elimination of child labour, including through the effective implementation of BEAM and the NAP-OVC IV; and (ii) take the necessary measures to strengthen the capacities of the labour inspection services and the NEC for Agriculture so as to enable them to adequately monitor and detect cases of child labour, including in the informal economy. It once again requests the Government to: (i) provide information on the measures taken in this regard and on the results achieved towards the progressive elimination of child labour; (ii) continue to provide information on labour inspections and the inspections of the NEC for the Agricultural Sector with regard to child labour; and (iii) ensure that this information indicates the number and nature of violations detected, including in the agricultural sector, and the sanctions imposed.

Minimum age. The Committee notes the Government’s indication that the Labour Amendment Act 11 of 2023 raises the penalty of a person convicted of child labour under section 11 of the Labour Act, from a maximum of 2 years imprisonment and/or a fine, to a maximum of 10 years imprisonment and/or a fine.

The Committee further notes the Government’s indication that is has notified the Director-General of the ILO of the new minimum age for entry into employment (16 years, as per section 11(a)(ii) of the Labour Act, as amended), in compliance with Article 2(2) of the Convention. However, the Committee notes that this notification has not been received by the Director-General. In this regard, the Committee brings the Government’s attention to Article 2(2) of the Convention, according to which a Member State that has ratified the Convention may subsequently notify the Director-General of the ILO, by declaration, that it specifies a minimum age higher than previously specified (14 years in its initial declaration). The Committee therefore once again requests the Government to consider the possibility of notifying the ILO Director-General, with a new declaration, that the minimum age specified at the time of ratification of the Convention has been raised from 14 to 16 years.

Article 2(3). Age of completion of compulsory schooling. With reference to its previous comments, the Committee notes that the Education Act was amended in 2019 to: (1) introduce the concept of “basic education”, defined as going “from early childhood education up to the fourth form” (section 2); and (2) provide that “every child shall be entitled to compulsory basic state-funded education” (section 5(1)). The Committee further notes the Government’s indication that “the age of completion of compulsory schooling (fourth form) is normally 16 years”. It therefore notes with satisfaction that the age of compulsory schooling has been amended to coincide with the minimum working age, in accordance with Article 2(3) of the Convention.

Article 7(3). Determination of light work. The Committee notes the Government’s information that, following the Labour Amendment Act 11 of 2023, all implementing instruments will be revised through the tripartite labour advisory council, including Statutory Instrument 155 of 1999 on the types of light work activities. The Government adds that it will keep the Committee informed on any progress made in this regard. The Committee recalls that it has been raising this issue since 2003. It therefore requests the Government to take all the necessary measures to ensure that the list of types of light work that may be performed by children from the age of 13 years will be revised and adopted in the near future. The Committee requests the Government to provide information on any progress made in this regard.