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

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

Article 2, paragraph 3 of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee had observed the International Trade Union Confederation’s (ITUC) allegation that 25 per cent of primary school age children did not receive any schooling and that in 1999 less than 29 per cent of children reached the secondary school level. It had noted the information provided by the Worker members at the Conference Committee on the Application of Standards in June 2008 that Zambia does not yet have a system of free, compulsory, formal public education and therefore it would not be able to succeed in eliminating child labour. It had also noted the Worker members’ statement 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 1995 and 2005, disadvantaged children were still two to three times less likely to be in school than other children.

The Committee had noted that according to the Child Labour Survey Report of 2005, about 1,185,033 children between the ages of 5 and 17 were in school, out of which 49 per cent were child labourers. It also noted the incidence of child labour which was estimated at 895,000 of which 46 per cent were children between the ages of 10 and 14. The survey had indicated that child labour is predominantly a rural phenomenon with 92 per cent of all working children residing and working in rural areas. The Committee had further noted the statistics provided by the Educational Statistical Bulletin of 2006, which revealed that there were 93,451 out-of-school children between the ages of 7 and 15. The Committee, while appreciating the efforts made by the Government to increase school enrolment rates and to provide free and compulsory education for all children, observed that poverty is one of the main causes of child labour and that the HIV/AIDS pandemic had left a lot of children parentless. It had further expressed concern at the number of out-of-school children as well as the number of school-going children who were involved in child labour in the country.

The Committee notes the Government’s information that Circular No. 3 of 2003 introduced free education from grades 1 to 7. It also notes the Government’s statement that efforts are under way to make schooling compulsory up to basic education level at which stage children will have attained the minimum age of employment of 16 years. The Committee further notes the information provided by the Government in its report under Convention No. 182 on the measures adopted to resolve the challenges associated with HIV/AIDS at workplaces. The Committee expresses the firm hope that in the next report the Government will be in a position to provide information on the progress made with regard to its efforts to make schooling compulsory up to the minimum age for employment, which is 15 years for Zambia. The Committee also requests the Government to redouble its efforts to improve the functioning of the education system, in particular by increasing the school enrolment rates and reducing school drop-out rates, especially among child orphans of HIV/AIDS and children in the rural areas so as to prevent the engagement of these children in child labour.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted the Government’s indication that a “statutory instrument” was formulated to enforce the Employment of Young Person’s and Children’s (Amendment) Act of 2004, as well as to serve as Zambia’s hazardous work list. It had also noted that this “statutory instrument on hazardous work” prohibits work in a covered site in any of the following types of occupations: excavation/drilling; stone crushing; block/brick-making; building; roofing; painting; tour guiding; selling/serving in bars; animal herding; fishing; working in tobacco and cotton fields; spraying of pesticides, herbicides and fertilizers; handling farm machinery and processing in industries. The Committee notes the Government’s information that the Hazardous Labour Statutory Instrument developed in collaboration with the stakeholders raised some legal concerns which are currently being considered by legal experts. The Committee expresses the firm hope that the Hazardous Labour Statutory Instrument containing the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that the statutory instrument determining light work activities had been formulated and had requested the Government to provide a copy of the same once it had been adopted. The Committee notes the Government’s statement that no statutory instrument for light work activities has been developed. However, it is envisaged that once the Hazardous Labour Statutory Instrument is adopted, it will define light work activities. The Committee trusts that the Hazardous Labour Statutory Instrument will define the light work activities as well as prescribe the number of hours during which and the conditions in which such work may be undertaken by children between 13 and 15 years of age.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the ITUC’s allegation that child labour in Zambia is almost non-existent in the formal economy. However, children are reported to work in the unregulated economy, often in dangerous or harmful work. According to the ITUC, children are mostly found in agriculture, domestic service, small-scale mining operations, stone-crushing and pottery. The Committee had taken note of the Government’s information on the measures taken to reduce the incidence of child labour, for example, through ILO–IPEC projects, by establishing 11 district child labour committees to monitor the implementation of programmes to sensitize the public on child labour and its worst forms as well as programmes to withdraw, rehabilitate and reintegrate identified children. Noting that a National Child Labour Action Plan was under way, the Committee had requested the Government to indicate the measures adopted within the framework of this national plan for the elimination of child labour, especially in the informal sector. It had also requested the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector.

The Committee notes the Government’s information 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 the various activities. The Government further states that, due to lack of transport and communication services, the District Child Labour Committees 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 notes, however, the Government’s statement that, once the National Action Plan is finalized, the District Child Labour Committees would be given the necessary resources to meet their administrative costs. The Committee requests the Government to provide information on the implementation of the National Action Plan on Child Labour and its impact on reducing child labour, especially in the informal sector. It also requests the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector, in order to ensure that the protection established by the Convention is ensured for children working in this sector.