Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Age Convention, 1973 (No. 138) - Zambia (Ratification: 1976)

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:

Article 1 of the Convention. The Committee noted that, in the framework of a child policy formulated by the Government, a national programme of action for children has been developed through preventive and protective measures. In particular, it noted that the Government had signed a Memorandum of Understanding (MOU) with the ILO on the elimination of the worst forms of child labour and had drawn up a number of activities to address the worst forms of child labour.

The Committee noted that a National Steering Committee on child labour and a child unit in the Ministry of Labour had been established. It would be grateful if the Government would provide information on the function and the action of these special units. The Committee further noted that mechanisms such as the inter-ministerial committee on child labour are established in order to ensure effective implementation of programmes on economic exploitation and child labour. The Committee requests again the Government to continue to supply information on measures relevant to the effective abolition of child labour.

Article 2. The Committee would point out again that section 12 of the Employment Act (Chapter 512), which fixes the minimum age of 15 years for admission to employment, does not give full effect to this provision of the Convention, which applies to all forms of employment or work, including work carried out outside any employment relationship, and including also work in family undertakings. The Committee therefore asks again the Government to indicate the measures taken or envisaged to ensure the application of the Convention with regard to children working in family undertakings and children working on their own account.

The Committee took note that basic education is not compulsory in Zambia but once a child is enrolled, attendance at school is compulsory. Since, under Article 2(3) of the Convention, the minimum age to admit a child to employment or work shall not be less than the age of completion of compulsory school or in any case shall not be less than 15 years, the Committee again requests the Government to provide information on the situation of children who are not enrolled in school and therefore who are not obliged to attend school, and to indicate what measures are taken or envisaged to ensure that these children are not admitted to employment or work in any occupation below 15 years of age which is the minimum age specified by the Government.

Article 3. The Committee recalled that the Government had indicated in its previous report that the regulations to be issued under paragraph 2, section 17A, of Act No. 14/1989 amending the employment of Women, Young Persons and Children Act (Chapter 505) in order to determine the type of employment or work likely to jeopardize the health, safety or morals of young persons and therefore forbidden to them, had not yet been adopted. The Committee again hopes that the Government will be able in its next report to indicate that the said regulations have been adopted.

The Committee noted that consultation for the ratification of the Night Work of Young Persons (Industry) Convention, 1919 (No. 6), with other stakeholders had been initiated. Recalling that the ratification of this Convention protecting young persons from night work would reinforce the implementation of Article 3 of the Convention concerning the protection of children under 18 from hazardous work, the Committee again asks the Government to continue to supply information on the developments in this regard.

Article 7. The Committee noted that the Government will undertake a review of the legislation with the financial support of the ILO. The Committee expresses again its hope that this review will bring into line with the Convention both section 7(1)(b) of the Employment of Women, Young Persons and Children Act and section 12(1)(b) of the Employment Act concerning the employment authorization for under-aged children and the conditions under which such authorizations may be made.

Part V of the report form. The Committee again asks the Government to provide information on the application in practice of the Convention, including, for instance, statistical data on the employment of children and young persons, extracts from the reports of inspection services in the Ministry of Labour and Social Security, information on the number and nature of contraventions reported, etc.