Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children, monitoring mechanisms and sanctions. In its previous comments, the Committee noted the activities implemented within the framework of the Joint Programme under the International Organization for Migration’s (IOM) Counter Trafficking Assistance Programme including: the reinforcement of the capacities of law enforcement and civil society to operationalize the Anti-Trafficking Law of 2008; development of a standard operating procedure for law enforcement in handling cases related to trafficking in persons; and provision for direct assistance, repatriation and reintegration assistance to victims of trafficking. It also noted the Government’s statement that financial constraints, lack of technical knowledge, lack of vehicles to conduct investigations and corruption by government officials are real impediments to the fight against trafficking in persons. The Government further indicated that the internal trafficking of children for domestic work, work in mining and agriculture and sexual exploitation, were common in the country and that children from poor households, as well as orphans and street children were particularly vulnerable to trafficking. The Committee requested the Government to strengthen the capacity of the law enforcement officials and provide the appropriate funds for their effective functioning.

The Committee notes the detailed information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), on the various initiatives undertaken by the Government to combat trafficking in persons. According to this information, the Government through the National Prosecution Authority (NPA), has taken great strides in building the capacities of the law enforcement officers and prosecutors through various training programmes facilitated by the United Nations Office on Drugs and Crime. The NPA has also intensified its cooperation and partnerships with regional bodies, such as the Conference for Western Attorney’s General African Partnership (CWAG–AAP), African Prosecutors Association (APA) and other national and international organizations by organizing trainings on prosecution and investigation of human trafficking as well as workshops and seminars which enhance awareness, knowledge and skills required to combat trafficking in persons. The Government further indicates that the National Committee and the National Secretariat on Human Trafficking is the designated body that coordinates the overall application of the Anti-Human Trafficking Act of 2008, including reporting the activities undertaken by the NPA, gathering statistical data on cases related to trafficking in persons and presenting before the National Inter-Ministerial Committee, providing guidance to the prosecution on cases related to trafficking in persons, as well as ensuring protection to victims of trafficking. Moreover, the Government states that currently there are six places of safety in six districts which provide protection to victims of trafficking and it is envisaged that one such place of safety be established in other districts. The Committee finally notes the Government’s information that, the Government with support from the IOM and other stakeholders and Civil Society Organizations, have developed the Best Interest Determination Guidelines for the Protection of Migrant Children, who are the most vulnerable to exploitation. The Committee, however, notes from the Communication Strategy on Mixed Migration and Human Trafficking in Zambia “Know Before You Go”, 2017–18, a document published by IOM, that internal trafficking, mainly of women and children from rural to urban areas for domestic servitude and sexual exploitation, remains a challenge and likely the dominant form of trafficking in Zambia. The Committee therefore urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who traffic in children for the purpose of labour and sexual exploitation are carried out and that sufficiently effective penalties are imposed in practice. It requests the Government to provide statistical information on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed for the sale and trafficking of children under 18 years of age. It also requests the Government to provide information on the number of children who have been protected from trafficking following the implementation of the Best Interest Determination Guidelines for the Protection of Migrant Children.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the various measures taken by the Government to improve the school enrolment and attendance rates and the positive results achieved. However, it noted that the United Nations Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that girls were dropping out of school due to early marriage, teenage pregnancy and discriminatory traditional and cultural practices, especially in rural areas (CRC/C/ZMB/CO/2–4, paragraph 53). The Committee therefore requested the Government to continue taking effective measures to improve the functioning of the education system, including by increasing the school enrolment rates and reducing school drop-out rates, particularly of girls in rural areas.

The Committee notes the Government’s information that the Education and Skills Sector Plan 2017–21 (ESSP) is a key measure to improve the functioning of the education system in the country. The ESSP aims to achieve improved learning outcomes as well as overcoming system inefficiencies in order to achieve the vision of “Quality and relevant lifelong education and skills training for all”. The Committee also notes the Government’s statement that the Free Primary Education Policy, the growing number of community schools, upgrading of primary schools to secondary schools and construction of more secondary schools have all led to an increase in the total number of pupils at school. Accordingly, the Committee notes with interest that as per the Educational Statistical Bulletin of 2017, the number of pupils in primary and secondary schools have increased from 3,879,437 to 4,139, 390 between 2012 and 2017. The Government further states that the rate of enrolment of girls have increased by 3.3 per cent from 2016 to 2017 owing to the “Support More Girls” initiative under the Orphaned and Vulnerable Children Bursary Scheme. The Government also refer to a decrease in the school drop-out rates in 2017 by 1.5 per cent for grades 1–7 and 1.0 per cent for grades 8–12. The Committee finally notes the Government’s information that this progression in girls’ education shall be sustained through implementing initiatives, such as “Keeping Girls in School”; Menstrual Hygiene Management at Schools; Comprehensive Sexuality Education; and the Re-entry policy which allows pregnant girls to get back to school after giving birth. The Committee strongly encourages the Government to continue taking effective measures to improve the functioning of the education system, including by increasing the school enrolment rates and reducing school drop-out rates, particularly of girls. It requests the Government to continue providing information on the measures taken in this regard, and on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the social and educational assistance provided to children affected by HIV/AIDS and other vulnerable children through the Public Welfare Assistance Scheme and the Social Cash Transfer Scheme. The Committee also noted from the Zambia Country Report of 30 April 2015 to the United Nations General Assembly Special Session on AIDS (UNGASS report), that the school attendance among orphans and non-orphans aged 10–14 years was 87.8 per cent. The Committee further noted from the 2015 UNAIDS estimates, a decrease in the average number of children aged 0–17 years who were orphaned due to HIV/AIDS. The Committee urged the Government to continue to strengthen its efforts to protect children orphaned by HIV/AIDS and other vulnerable children from the worst forms of child labour.

The Committee notes the absence of information in the Government’s report on this matter. The Committee, however, notes from the 2017 Labour Force Survey (LFS) Report that the Public Welfare Assistance Programme and the Social Cash Transfer Programme have benefitted a total of 24,465 and 127,453 households, respectively. The LFS report further indicates that the Orphans and Vulnerable Children Bursary, which aims to improve retention, progression and completion rates for vulnerable children at secondary education levels, has benefited a total of 17,415 households. However, the Committee notes that according to the 2018 UNAIDS Country Factsheets of Zambia, an average of 470,000 children aged 0–17 years are orphans due to AIDS in Zambia. Considering 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 continue to strengthen its efforts to protect such children from these worst forms. It requests the Government to continue providing information on the measures taken in this regard and the results achieved.

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