Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. The Committee had previously requested the Government to provide information on the functioning and the action of the National Steering Committee on Child Labour, and the Child Unit within the Ministry of Labour. It notes the Government’s information that the National Steering Committee, which is composed of various ministries, organizations of employers and employees, and various organizations dealing with children, provides policy guidance on the elimination of child labour in Zambia. The Child Labour Unit has the functions of: (a) coordinating child labour intervention activities among various stakeholders in the country; (b) acting as secretariat to the National Steering Committee on Child Labour; (c) enforcing legislation on child labour through labour officers.

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that section 7(1) of the Employment of Women, Young Persons and Children’s Act (hereinafter, the EWYPCA) of 1967 authorizes the employment of persons under 16 years of age in an undertaking where only members of the same family are employed. It had noted that draft amendments to the EWYPCA extend its scope of application to undertakings in which members of the family are employed and to domestic workers. The Committee notes with interest the Government’s information that, by virtue of Act No. 10 of 2004, the EWYPCA has been amended to bring it into line with the Convention. By virtue of this amendment (hereinafter, the EWYPCA (Amendment) of 2004), the prohibition on employing children under 15 years of age in any public or private undertaking or in any branch of activity also applies to family undertakings. The Committee requests the Government to supply a copy of the EWYPCA (Amendment) of 2004.

Article 3, paragraph 2. Determination of hazardous work. With reference to its previous comments, the Committee notes that the EWYPCA (Amendment) of 2004 does not contain a list of types of “work that, by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of children or young persons” (section 4(d) of the Act). It notes the Government’s indication that a “statutory instrument” has been formulated which will enforce the EWYPCA (Amendment) of 2004, as well as serve as Zambia’s hazardous work list. This instrument is expected to be signed and published during 2006 or early 2007. The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will give due consideration to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 7. Light work. Following its previous comments, the Committee notes the Government’s information that the EWYPCA (Amendment) Act of 2004 defines light work and states under what circumstances persons between 13 and 15 years of age are allowed to perform light work. In this regard, the Committee notes that the copy of the draft amendment available at the Office provides that a person aged 13 to 15 years may lawfully engage in light work which is work: (a) that is not likely to be harmful to the person’s health and development; and (b) that is not such as to prejudice the person’s attendance at school, the person’s participation in vocational orientation or training programmes approved by the competent authority, or the person’s capacity to benefit from the instruction received. The Committee notes the Government’s indication that the “statutory instrument” determining light work has been formulated but not yet published. The Committee requests the Government to provide a copy of the provisions of the statutory instrument determining light work as soon as they have been adopted.