Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Zimbabwe (Ratification: 2000)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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 do not apply to self-employed workers. It had noted, however, the Government’s information that in practice children not bound by a labour relationship, such as self-employed workers, benefit from the protection afforded by the Convention. It had also noted that consultations with the social partners would be undertaken with a view to amend the legislation in order to explicitly cover all types of employment or work. The Committee noted the Government’s information that the labour law reform was ongoing in Zimbabwe and that, in this framework, the Government would be consulting the social partners on this issue. In the framework of the labour law review, the Committee once again encourages the Government to take the necessary measures to ensure that self-employed children benefit from the protection afforded by the Convention. It once again requests the Government to provide information on any developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee had noted that section 5 of the Education Act of 1996 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. It had also noted, however, 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 noted the ZCTU’s contention that children as young as 6 years work on farms in order to pay for their school fees. It also noted the ZCTU’s statement that the Government should reintroduce free education at the primary level in order to contribute to eradicating child labour, including its worst forms, on farms.

The Committee noted the Government’s information that consultations with the Ministry of Education, Sport and Culture would be made concerning the legislation fixing a specific age for the completion of compulsory schooling. Moreover, the Government indicated that it had launched various programmes, such as the Basic Education Assistance Module (BEAM) and the National Action Plan for Orphans and other Vulnerable Children (OVC NPA) which are aimed at ensuring that children of school age attend school.

The Committee noted that, according to the 2004 labour force survey contained in the Project for the Elimination of the Worst Forms of Child Labour report (WFCL Project’s report), supplied by the Government under Convention No. 182, out of the children aged 5–14 years involved in economic activities (42 per cent), 4 per cent never attended school and 14 per cent left school. Among children from 5 to 14 years performing non economic activities, such as household chores like fetching firewood and water, 6 per cent never attended school and 35 per cent left school. The Committee expressed the view that compulsory education is one of the most effective means of combating child labour. It once again requests the Government to provide information on the impact of the BEAM and the OVC NPA on increasing school attendance and reducing school drop-out rates, so as to prevent the engagement of children in child labour. It further requests the Government to provide information on any progress made towards the adoption of legislation fixing a specific age for the completion of compulsory schooling.

Article 6. 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 years. However, Chapter 4, Part IV, subsection (1)(a), of the Manpower Planning and Development Act prescribes that the minimum age for apprenticeship is 16 years. It had therefore noted that section 11(1)(a) and (3)(b) of the Labour Act of 2002, permitting the employment of apprentices from the age of 13 years, was not in conformity with Article 6 of the Convention. The Committee noted the Government’s statement that it recognized the need for harmonized legislation in the area of apprenticeship. In this regard, the ongoing labour law reform in the country will include these issues, in consultation with the social partners. In the framework of the labour law reform, the Committee once again encourages the Government to take the necessary measures to harmonize the relevant legislation, in particular section 11(1)(a) and (3)(b) of the Labour Act, and Chapter 4, Part IV, subsection 1(a), of the Manpower Planning and Development Act, in order to ensure conformity with Article 6 of the Convention.

Article 7, paragraphs 1 and 4. Minimum age for admission to, and determination of, light work. The Committee had previously noted that section 3(4) of the Labour Relations Regulations establishes that children over 13 years of age may perform light work where such work is an integral part of a course of education or training and does not prejudice their education, health and safety. It had also noted the Government’s statement that it intended 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. The Committee had finally observed that quite a number of children below 13 years of age were economically active in some way or another. Particularly, 406,958 children aged 5–14 were found working with a time limit of at least three hours. The Committee also noted the Government’s information that it would address, jointly with the social partners, the requests under this Article in the framework of the WFCL Project. In fact, it is the Government’s objective to ensure that this Project will deal with all forms of child labour. The Committee noted the Government’s information under Convention No. 182 that the Government and the social partners, in collaboration with the ILO, and other UN specialized agencies, are at an advanced stage towards the implementation of the WFCL Project. In the framework of the implementation of the WFCL Project, the Committee once again encourages the Government to take the necessary measures to ensure that no child under 13 years is allowed to carry out light work and that, where work is authorized from the age of 13 years, the employment or working conditions are consistent with the provisions of Article 7 of the Convention. It also once again requests the Government to provide information on any progress made towards amending its legislation in order 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.

Part V of the report form. Application of the Convention in practice. The Committee had previously expressed its concern at the seriousness and magnitude of the situation of children under 14 years working in the agricultural sector and in domestic services.

The Committee noted the ZCTU’s statement that the Government had failed to put in place measures that would help to eradicate child labour and its worst forms in the agricultural sector. In fact, whilst section 11 of the Labour Act prohibits child labour, in practice children as young as 6 years are working on farms. The Committee noted the Government’s statement in reply to the ZCTU’s allegations that it was not aware of situations in which 6-year-old children were working on farms.

The Committee, however, noted the child labour statistical data contained in the 2004 labour force survey (included in the WFCL’s Project report). This survey divides child labour into two categories: (a) economic child labour, where a child between 5 and 14 years is engaged in economic activities for at least three hours a day; (b) non-economic child labour, where a child between 5 and 14 years is engaged in non-economic activities for at least five hours a day. According to the survey, 42 per cent of children between 5 and 14 years were involved in economic activities and 2 per cent in non-economic activities. Of the children between 5 and 14 years involved in economic activities, 96 per cent were found in rural areas, the agricultural sector, hunting and the fishing industry. The highest number of children engaged in both economic and non-economic activities came from households with an income below ZW$50,000. As for occupational hazards, 3 per cent of children involved in economic child labour were injured at work, about 78 per cent of these occurring in agriculture. The Committee once again expresses its deep concern at the large number of children under the age of 14 who are found to be working, especially in the agricultural sector and in household activities. The Committee strongly encourages the Government to redouble its efforts to improve this situation and asks the Government to provide detailed information on measures taken in this regard, especially in respect of children working in the agricultural sector and domestic services. The Committee also once again asks the Government to provide statistical data 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, information on the number and nature of contraventions reported and penalties applied.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.