Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Zambia (Ratification: 2001)

Article 3 of the Convention and Part V of the report form. Worst forms of child labour and application of the Convention in practice. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the allegations made by the International Trade Union Confederation (ITUC) on the trafficking of children from Zambia to neighbouring countries for prostitution as well as on the kidnapping of Zambian children to perform forced labour in Angola. Further noting the nature and extent of internal trafficking in Zambia, the Committee previously requested the Government to provide information on the practical application of the law concerning the prohibition of the sale and trafficking of children, as well as on the measures taken for the rehabilitation and social integration of child victims of trafficking.

The Committee notes the Government’s statement that a victim support unit (VSU) was recently created within the Police Service following the police reform programme in order to make the police services efficient in preventing crimes. It also notes that a Human Trafficking Desk was established under the VSU to deal with crimes related to children, including sale and trafficking. The Committee notes the Government’s information that the VSU has a stop centre in eight towns in the country where counselling, legal advice and health care services are provided for victims of trafficking. It also notes the Government’s information that the Government is working with other NGOs such as the Young Women’s Christian Association (YWCA), Women in Law in Southern Africa, CARE International Zambia and Gender in Development Division to provide shelters for child victims of trafficking. Moreover, the Government, with the help of UNICEF, is also attempting to establish a victim centre in each of the nine provincial capitals of Zambia.

The Committee further notes the Government’s indication that so far 19 cases of child trafficking were reported to the VSU, and in two cases the perpetrators were sentenced to 20 years’ imprisonment, while in another case, an investigation is being carried out by the VSU and the girl in question has been placed in a safe home with the help of the International Organization for Migration. The Committee requests the Government to continue providing information on the number of cases of trafficking of children reported to the VSU and on the prosecutions, investigations, convictions and penal sanctions applied in such cases. It also requests the Government to provide information on the number of child victims of trafficking who have been withdrawn and rehabilitated at the centres established by the VSU, and at the shelters established by the Government in cooperation with the NGOs and UNICEF.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that it had formulated a “Statutory Instrument on hazardous work” which would prohibit work in a covered worksite 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 of farm machinery; and processing in industries. It expressed the hope that this Statutory Instrument on Hazardous Work would be adopted soon.

The Committee notes the Government’s statement that the Ministry of Labour and Social Security working in consultation with the Ministry of Justice has taken steps to finalize the Statutory Instrument on Hazardous Work before the end of 2011. The Committee expresses the firm hope that the Statutory Instrument on Hazardous Work containing the list of types of hazardous work prohibited to children under 18 will be adopted in the very near future. It requests the Government to supply a copy of same, as soon as it has been adopted.

Article 5. Monitoring mechanisms. Inter-Ministerial Committee on Human Trafficking. The Committee previously noted the establishment of an Inter Ministerial Committee on Human Trafficking which aims to coordinate programmes on protection, prevention and prosecution on human trafficking issues, as well as to help in the development and revision of policies and legislation on human trafficking.

The Committee notes the Government’s information that the Ministry of Home Affairs is in the process of appointing the nominees proposed by other ministries to the Inter-Ministerial Committee on Human Trafficking. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the implementation of the programmes on protection, prevention and prosecution concerning human trafficking coordinated by the Inter-Ministerial Committee on Human Trafficking, and the results achieved, in terms of the number of children prevented or withdrawn from trafficking and rehabilitated.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children. The Committee previously noted the ITUC’s indication that since the number of Zambians dying of HIV/AIDS had increased, the number of orphans had also increased and that nearly all of these children were engaged in hazardous work. It also noted that according to the “Report on the global AIDS epidemic” published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in July 2008, over 600,000 children aged below 17 years were HIV/AIDS orphans in Zambia.

The Committee notes the Government’s information that within the National AIDS Strategic Framework of 2006–10, major steps have been taken towards the implementation and expansion of HIV/AIDS prevention response, which include social protection measures to help people and families affected by HIV/AIDS. It notes the Government’s information on the various interventions carried out by the Government and the cooperating partners in this regard, which according to the Government have prevented vulnerable children from entering into the labour market. The Committee notes the Government’s indication that it has provided funds of about 11 billion kwacha (ZMK) (US$2,240,325) to the Public Welfare Assistance Scheme which is mandated to provide social protection to orphans, including primary and secondary education, food, health, shelter and clothing. It also notes the Government’s information that it has implemented cash transfer funds targeting orphans and other vulnerable children (OVCs) in some districts of the country. Accordingly in the Eastern Province of Zambia, 688 people received cash to buy their basic necessities through the universal age-based scheme; a total of 1,167 households received ZMK40,000 through the social urban cash transfer scheme; and households with children received ZMK50,000 each. Similarly, in the Southern Province of Zambia, 4042 people and 1,603 households have benefited through various schemes. It also notes from the Government’s report that the proportion of orphans enrolled at the basic school level increased from 11.1 per cent in 2002 to 18.5 per cent in 2010. The Committee further notes that Zambia is a participating country in the ILO–IPEC project entitled “Tackling Child Labour through Education” (TACKLE) and started to implement four action programmes (APs) from 2010. Following the implementation of these APs, a total of 511 children have been prevented from child labour through education support; and 447 children have been withdrawn from child labour through formal education and skills training programmes.

The Committee notes that according to the Zambia Country Report of 31 March 2010 to the United Nations General Assembly Special Session on AIDS (UNGASS report) 15.7 per cent of orphaned and vulnerable children aged 0–7 years received free basic external support. The UNGASS report also indicates that the District AIDS Task Force and the District Welfare Assistance Committees have undergone training to deal with OVC issues and that a Parliamentary Caucus on children has been established to develop work plans and to design a pilot project to integrate issues of children, including OVCs. The Committee notes, however, from the UNGASS report that the OVC situation appears to be developing into a deepening crisis as funding and programming is failing to keep pace with the magnitude of orphans who need care and support. Moreover, the Committee notes that according to the Epidemiological Fact Sheet on HIV and AIDS of 2009 – Zambia (UNAIDS), over 690,000 children aged 0–17 years are orphans due to HIV/AIDS. While appreciating the measures taken by the Government to protect orphans and other vulnerable children, the Committee express its deep concern at the increasing number of children orphaned in Zambia as a result of HIV/AIDS. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect such children from the worst forms of child labour. It requests the Government to provide information on the measures taken by the District AIDS Task Force, the District Welfare Assistance Committee and the Parliamentary Caucus on Children in protecting orphans and other vulnerable children, and the results achieved. The Committee finally requests the Government to provide information on the impact of the TACKLE project in preventing children/orphans affected by HIV/AIDS from being engaged in the worst forms of child labour, including the number of children prevented and withdrawn from the worst forms of child labour.

The Committee is raising other points in a request addressed directly to the Government.