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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3 and 7(2) of the Convention. Worst forms of child labour and direct assistance for the removal of children from the worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. Following its previous comments, the Committee notes the Government’s information, in its report, that it has continued to implement programmes aimed at the removal, rehabilitation and reintegration of children found on the streets. As a result, 341 children were removed from the streets and taken to skills training centres in their respective districts.

In addition, the Committee observes that, according to section 167(1)(b) of the new Children’s Code, Act No. 12 of 2022, a child is considered in need of care and protection if he or she is destitute, found begging or receiving alms. The definition of “child” under the Children’s Code (section 2) is the same as the one provided for under the Constitution (Article 266), which is a “person who has attained, or is below, the age of eighteen years”. Sections 168 and following of the Children’s Code provide for the procedure to be followed once a child in need of care and protection is identified including, for instance, conveyance to a place of safety, court proceedings for the determination of the status of the child (whether he or she is in need of care and protection), and orders for the protection of such children (supervision, care, residence, or else). The Committee requests the Government to continue providing information on the measures taken to protect children in street situations from the worst forms of child labour, as well as on the results achieved in terms of the number of children begging in the streets who have been removed and rehabilitated and social integrated. The Committee also requests the Government to provide information on the application in practice of section 167(1)(b) of the Children’s Code regarding children found begging who have been considered in need of care and protection, and who have benefited from the protective measures provided for under sections 168 and following of the Code.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on human trafficking. The Committee notes the Government’s information that the implementation of the National Action Plan on Human Trafficking, Mixed and Irregular Migration 2018–21 permitted the achievement of such results as awareness-raising, the rescue and protection of victims of trafficking, and partnerships with several governmental and non-governmental organization to combat trafficking (including the ILO, UNODC, IOM and UNICEF). The Committee notes that the Government has adopted the National Policy on Human Trafficking and Smuggling of Migrants 2022-25 (NAP-TiP). According to the document of the NAP-TiP, Zambia has reported an increase in cases of trafficking, including of children, for the purpose of sexual exploitation, domestic servitude and forced labour. Drivers of internal trafficking include poverty, traditional beliefs, cultural practices, unregulated labour practices and limited awareness on internal trafficking including limited capacity to identify, investigate and prosecute trafficking cases. Therefore, the NAP-TiP adopts a four pillars (4P’s) approach: (1) prevention; (2) prosecution; (3) protection; and (4) partnerships. The Committee requests the Government to provide information on the implementation and results of the NAP-TiP as regards child trafficking for labour or sexual exploitation, including in the areas of prevention of child trafficking and identification of victims under the age of 18.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children, monitoring mechanisms and penalties. Following its previous comments, the Committee notes the Government’s information, in its report, regarding the activities it has undertaken, in particular in the framework of the National Action Plan on Human Trafficking, Mixed and Irregular Migration 2018-21. For instance, the Government indicates that capacity-building was conducted on human trafficking for the benefit of 19 frontline officials and 30 gender officers from various Government ministries and civil society organizations. In addition, the Committee takes note of the detailed information provided by the Government under the Forced Labour Convention, 1930 (No. 29), regarding the activities and trainings undertaken by the National Prosecution Authority (NPA), which is the principal authority for all prosecutors in the country. The Committee further notes that, in the framework of the new National Policy on Human Trafficking and Smuggling of Migrants 2022-25 (NAP-TiP), one main objective is the enhancement of the capacity of the criminal justice system to investigate, identify and prosecute human trafficking cases effectively and efficiently by 2026.

The Committee observes, however, that the Government does not provide information on the investigations and prosecutions of perpetrators of child trafficking, despite the fact that a total number of 2,782 cases of trafficking (including of cases involving child victims) were handled by the District Social Welfare Officers between January 2020 and June 2023. During the first quarter of 2023, 80 cases were recorded, including 23 cases involving child victims. The Committee also notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 27 June 2022 (CRC/C/ZMB/CO/5-7, para. 42), noted the increasing number of child victims of trafficking in border areas and recommended that Zambia strengthen the training of professionals concerned with identifying and referring child victims of trafficking and take urgent measures to investigate, penalize and prevent commercial exploitation of children, particularly girls. The Committee therefore strongly encourages the Government to continue to take the necessary measures to ensure that cases of trafficking of children under the age of 18 for labour or commercial sexual exploitation are detected, and that investigations and prosecutions are conducted against the perpetrators. It requests the Government to provide information on the measures taken, in the framework of the NAP-TiP or otherwise, and the results achieved, including with regard to the number and nature of convictions and penalties imposed.

Articles 3, 7(1) and 7(2). Worst forms of child labour, penalties and direct assistance for the removal of children from the worst forms of child labour. Clause (d).Hazardous work. Mining. The Committee notes that, according to section 3 of the Prohibition of Employment of Young Persons and Children (Hazardous Labour) Order, 2013 (Statutory Instrument No. 121 of 2013), the employment of children or young persons in work involving exposure to lead (h) or in underground work (bb) is prohibited. Yet, the Committee observes that according to a press release of 10 May 2022, found on the website of the Ministry of Community Development and Social Services (MoCDSS), entitled “Child labour worries Government”, the MoCDSS has expressed concern about the increase in the number of children engaging in labour in the mining sector. Similarly, in a press release of 24 May 2022 found on the website of the United Nations Office of the High Commissioner for Human Rights entitled “Experts of the Committee on the Rights of the Child Ask Zambia about the Exposure of Children to Lead Contamination in Mines and about Child Marriage”, reports the serious concern expressed by the CRC about the use of child labour in artisanal mining and the exposure of these children to high-level lead contamination. The Committee requests the Government to take the necessary measures to ensure the effective application of Statutory Instrument No. 121 of 2013 as regards the prohibition of the employment of all children under 18 in underground work in mines, and to provide information on inspections undertaken, violations detected and penalties imposed in this regard. It also requests the Government to provide information on the effective and time-bound measures taken or envisaged to protect children from becoming engaged in such hazardous work and removing those who are involved in this worst form of child labour and providing for their rehabilitation and social integration.

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. Following its previous comments, the Committee observes that the preliminary 2018 Zambia Child Labour Survey Report (ZCLSR) estimated that out of 6,035,481 children aged between 5 and 17 years, 1,308,994 children had never attended school (i.e. one in five children). Of the children who had never attended school, 77 per cent were in the rural areas and 54 per cent were boys. Some of the main reasons the 2018 ZCLSR respondents gave for the high proportion of children who had never attended school relate to inadequate public spending on primary education.

In this regard, the Committee notes the Government’s indication that it continues to implement the Free Education for All Policy, which extends from early childhood to secondary education, and introduced school subsidies on user fees, and that this has positively impacted school attendance. The Government also continues to implement a series of interventions to promote schooling and reduce drop-out rates, in particular for girls, children in vulnerable situations and children living in rural areas. These include the “Keeping Girls in School” initiative (social cash transfers targeting girls from extremely poor households); the Improved Learner Support systems, which are school support structures aimed at improving learner retention; and the Stakeholders Engagement and Collaboration, which is a collaborative effort between the Government and civil society partners to ensure that school dropouts are given an opportunity to come back to school (by 2020, the programme had expanded its operations across four provinces, covering 62,611 girls). The Committee further notes that, under the National Action Plan for the Elimination of the Worst Forms of Child Labour 2020-2025 (NAP-II), one of the priorities is to increase access to education through increased enrolment and retention of children at school. This is to be done, for instance, through cash transfer schemes to the benefit of identified vulnerable households, the scaling up of school feeding programmes and the allocation of 20 per cent of the budget to education.

The Committee notes, however, that the CRC, in its concluding observations of 27 June 2022, expressed concern about, among others: (1) the persistently high dropout rates, particularly among girls, due to teenage pregnancy, child marriage, discriminatory traditional and cultural practices and poverty; (2) the enrolment and retention rate disparities between boys and girls in primary and secondary school, particularly in rural areas; and (3) the negative impact of the COVID-19 pandemic on access to education, particularly for children from poor households and children with disabilities (CRC/C/ZMB/CO/5-7, para. 37). The Committee therefore once again strongly encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed at, inter alia, reducing the school drop-out rates, particularly of girls, and increasing the enrolment and attendance rates in primary and lower secondary education. In this regard, the Committee requests the Government to provide information on the measures taken in the framework of the NAP-II and the results achieved in terms of statistics on school enrolment, attendance and drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVCs). Following its previous comments, the Committee notes the Government’s information that the Bursary Support programme to OVCs continues to be implemented. This intervention provides financial support to orphaned and vulnerable learners who have dropped out of school or are at risk of dropping out of school due to socio-economic factors. The Committee, however, notes with concern that according to 2022 UNAIDS statistics, there remain an estimated 580,000 child orphans due to AIDS in Zambia, representing a considerable increase since the Committee last took note of the estimated 470,000 child orphans due to AIDS in 2018. Recalling that children orphaned by HIV/AIDS and OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Governmentto pursue its efforts to ensure that they are protected from the worst forms of child labour and to facilitate their access to education. It requests the Government to provide information on the specific effective and time bound measures taken in this regard, as well as the results achieved in terms of number of OVCs who have benefited from such measures.

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

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

Articles 3(c) and 7(2) of the Convention. Worst forms of child labour and direct assistance for the removal of children from the worst forms of child labour. Use, procuring or offering of a child for illicit activities. Begging. The Committee previously noted that section 50(1) of the Juveniles Act of 1956 which prohibited the causing or procuring of a child to be in any street, premises or place for the purposes of begging or receiving alms, or of inducing the giving of alms applied only to children under the age of 16 years. It requested the Government to take the necessary measures to prohibit the use, procuring or offering of children aged 16–18 years for begging.

The Committee once again notes that the Government has not provided any information in this regard. The Committee notes that section 83 of the Employment Code Act No. 3 of 2019 prohibits the employment of children and young persons in any work that constitutes a worst form of child labour. It observes that according to section 80 of the Employment Code, a child is referred to as a person under 15 years of age, while the meaning of young person is assigned to the words in the Constitution. The Committee notes that article 24 of the Constitution defines young person as persons under the age of 15 years. The Committee further notes that the Government’s report refers to the National Plan of Action for Children which ensure the prevention and protection of children from all forms of child labour. The Government further indicates that vulnerable parents and guardians of children begging in the streets as a means of survival are encouraged to register for social welfare benefits while children are encouraged to receive educational support. Moreover, children in the streets and vulnerable children who are 15 years old and above are registered with the Ministry of Youth, Sport and Child development for inclusion in the skills training programme which is expected to commence in 2020. While noting the measures taken to protect children in the streets, the Committee once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of children aged 16–18 years for begging. The Committee further requests the Government to provide information on the number of children begging in the streets who have been registered at schools and at the skills training programme.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Action Plan (NAP) for the Elimination of the Worst Forms of Child Labour. In its previous comments, the Committee requested the Government to indicate whether it was envisaged to extend the NAP for the Elimination of the Worst Forms of Child Labour (2010–15) or to indicate any other programmes or action plans developed or envisaged for the elimination of the worst forms of child labour.

The Committee notes the Government’s information in its report that with the financial and technical support from ILO, the Government is in the process of revising the NAP for the Elimination of the Worst Forms of Child Labour so as to put in place a strategy and guidance on the best measures to eliminate child labour and its worst forms. The Committee expresses the firm hope that the revised NAP for the Elimination of the Worst Forms of Child labour will be revised, adopted and implemented without delay. It requests the Government to provide information on the specific measures undertaken within the framework of the NAP to combat the worst forms of child labour and the results achieved.

2. National Action Plan on Human Trafficking, Mixed and Irregular Migration 2018–21. The Committee notes from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that the National Inter-Ministerial Committee with the support from the International Organization for Migration (IOM) has revised and updated the NAP on Human Trafficking, Mixed and Irregular Migration 2018–21. This NAP is aligned to the Anti-Human Trafficking Act and to the Seventh National Development Plan. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NAP on Human Trafficking, Mixed and Irregular Migration to combat the trafficking of children under the age of 18 years and the results achieved.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. The Committee previously noted that section 50(1) of the Juveniles Act of 1956 which prohibited the causing or procuring of a child to be in any street, premises or place for the purposes of begging or receiving alms, or of inducing the giving of alms applied only to children under the age of 16 years.

The Committee once again notes that the Government has not provided any information with regard to the measures taken or envisaged to extend the prohibition under section 50(1) of the Juveniles Act to children of 16–18 years of age. The Committee, therefore, once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of children aged 16–18 years for begging.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of types of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan for the Elimination of the Worst Forms of Child Labour. The Committee notes from the Government’s report that it has been implementing the National Action Plan (NAP) for the Elimination of the Worst Forms of Child Labour (2010–15) which has recorded some achievements, including the enactment of the Prohibition of Young Persons and Children (Hazardous labour) Order 2013 which contains a list of hazardous types of work prohibited to children and young persons; and capacity building of law enforcement and labour officers. The Committee requests the Government to indicate whether it is envisaged to extend this NAP or to indicate any other programmes or action plans developed or envisaged for the elimination of the worst forms of child labour.

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.

The Committee notes the Government’s information in its report that in addition to the formal education system, the non-formal education system, the open and distance learning system, community schools and interactive radio centres of the education broadcasting services are operational in the country in order to serve geographically isolated children, children who have either dropped out of school or have never attended formal school as well as street and working children. The Government also indicates that the Sixth National Development Plan (SNDP) 2011–15, which was revised and extended to 2016 (R-SNDP) places education at the centre of the development process and has a specific chapter on education. The Ministry of Education also formulated the National Implementation Framework (NIF III) as a strategic document to guide the annual workplans and annual budget formulation for education as well as the monitoring and implementation of the R-SNDP at all levels of education. The Committee further notes the following measures taken by the Government to increase school enrolment rates and to reduce school drop-out rates:

• -introduction of Early Childhood Education (ECE) with a total of 70,773 students enrolled in 2014;
• -increase in the net recruitment of teachers with an average of 5,000 teachers per year;
• -introduction and implementation of the School Feeding Programme and Bursery Scheme to improve school attendance, retention and completion of school by vulnerable children;
• -development of the school infrastructure by expanding classrooms and constructing new schools, especially in rural areas;
• -introduction of the re-entry policy for girls who drop out of school due to early marriage and pregnancy; and
• -community sensitization on the importance of education, especially for the girl child.

The Committee further notes from the UNESCO Education For All 2015 National Review, Zambia that the introduction of the Free Primary Education Policy has led to the registration of over 1.2 million new learners with the net enrolment rate reaching over 97 per cent in 2013. The Committee notes, however, that according to UNESCO estimates, around 325,149 children were out of school in 2013. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 14 March 2016, while welcoming the progress made in the enrolment, retention and progression of girls at the primary-school level, expressed concern that girls are 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). While taking note of the measures taken by the Government, the Committee requests 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. It requests the Government to continue providing information on the measures taken in this regard, and on the results achieved.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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 that the labour inspectors and the Ministry of Home Affairs jointly conducts inspections and ensures the investigation and prosecutions of criminal offences related to trafficking of persons. Noting the Government’s statement that trafficking is a problem in Zambia, the Committee urged the Government to take the necessary measures to ensure that in-depth investigations and effective prosecutions are conducted against persons who engage in the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s information in its report that the activities implemented within the framework of the Joint Programme under the International Organization for Migration’s (IOM) Counter Trafficking Assistance Programme include: the reinforcement of capacities of the law enforcement and civil society to operationalize the Anti-Trafficking Law of 2008, such as providing training for enforcement officers and developing a Standard Operating Procedure for law enforcement in handling cases related to trafficking in persons; and direct assistance to victims of trafficking, including the provision of safe and secure shelter, medical and psychosocial care, and repatriation and reintegration assistance. The Committee also notes that the Government refers, in its report under the Forced Labour Convention, 1930 (No. 29), to cases related to trafficking in persons, including children, but does not provide any information related to the prosecution or penalties applied in such cases. The Committee also notes the Government’s statement in its report under Convention No. 29 that financial constraints, lack of technical knowledge, lack of vehicles to conduct investigations and corruption by government officials are real impediments for the fight against trafficking in persons. The Committee further notes the Government’s statement that internal trafficking of children for domestic work, work in mining and agriculture and sexual exploitation, are common in the country. Children from poor households, as well as orphans and street children are particularly vulnerable to trafficking. The Committee 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. In this regard, it requests the Government to strengthen the capacity of the law enforcement officials and provide the appropriate funds for their effective functioning. It also requests the Government to provide statistical information on the number of infringements reported, investigations, prosecutions and penal sanctions applied for the offences related to the trafficking of children under the age of 18 years.

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 (OVCs). The Committee previously noted the various measures taken by the Government, including the Public Welfare Assistance Scheme, the Social Cash Transfer Scheme as well as several action programmes to prevent and withdraw children at risk of entering into the worst forms of child labour. However, noting with deep concern the high number of children orphaned in Zambia as a result of HIV/AIDS the Committee urged the Government to strengthen its efforts to protect such children from the worst forms of child labour.

The Committee notes the Government’s information that the Public Welfare Assistance Scheme, which provides social and educational assistance to children affected by HIV/AIDS and other vulnerable children currently covers all the 103 districts while the Social Cash Transfer Scheme covers an additional 125,000 households. The Committee also notes that, according to the Zambia Country Report of 30 April 2015 to the United Nations General Assembly Special Session on AIDS (UNGASS report), the multisectoral approach of the National AIDS Strategic Framework (NASF) programmes, through the formation of the District AIDS Task Force (DATF), in districts countrywide has provided successful achievements in mobilizing a substantial number of community-based organizations and other NGOs to respond to the needs of OVCs and vulnerable households by providing health-related and other services. The UNGASS report also indicates that the current school attendance among orphans and non-orphans aged 10–14 years is 87.8 per cent. The Committee further notes, that according to the 2015 UNAIDS estimates, an average of 380,000 children aged 0–17 years are orphans due to HIV/AIDS, which indicates a significant decrease from the 2011 estimates of 680,000 children. 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. The Committee previously noted that section 50(1) of the Juveniles Act of 1956 which prohibited the causing or procuring of a child to be in any street, premises or place for the purposes of begging or receiving alms, or of inducing the giving of alms applied only to children under the age of 16 years. The Committee notes that the Government has not provided any information with regard to the measures taken or envisaged to extend the prohibition under section 50(1) of the Juveniles Act to children of 16–18 years of age. The Committee, therefore, once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of children aged 16–18 years for begging.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s indication that the Ministry of Labour and Social Security, working in consultation with the Ministry of Justice, had taken steps to finalize the “Statutory Instrument on Hazardous Work” which prohibits the employment of children in certain occupations and industries before the end of 2011.

The Committee notes the Government’s statement that the statutory instrument has not yet been adopted. Noting that the Government has been referring to the adoption of this instrument since 2005, the Committee urges the Government to take the necessary measures to adopt the Statutory Instrument on Hazardous Work containing the list of types of hazardous work in the near future. It requests the Government to supply a copy thereof, as soon as it has been adopted.

Article 5. Monitoring mechanisms. 1. 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 information provided by the Government in its report under the Forced Labour Convention, 1930 (No. 29), that the Inter Ministerial Committee is headed by the Ministry of Home Affairs and comprises 12 ministries as well as a non-governmental organization (NGO) specialized on issues related to child trafficking. The Committee also notes the Government’s information that the Inter-Ministerial Committee is entrusted to establish the National Secretariat on Human Trafficking which is responsible for coming up with a National Action Plan on Human Trafficking. The implementation of the programmes lies with the Ministry of Community Development and Mother to Child Health (MCDMCH) whose main responsibility is the prevention and protection of victims of human trafficking. In this regard, the MCDMCH has established 12 district coalitions which have been carrying out district awareness campaigns, campaigns in schools as well as community leaders’ sensitization campaigns in various communities in these districts to inform the people of the dangers of human trafficking. Lastly, the Committee notes the Government’s information that joint inspections are conducted by labour officers with the Ministry of Home Affairs who takes the lead in National Policy and Action against Human Trafficking in ensuring the investigation and prosecutions of criminal offences related to human trafficking. The Committee requests the Government to provide information on the activities on prevention and protection of victims of human trafficking coordinated by the MCDMCH and their impact on the elimination of trafficking of children under 18 years of age. It also requests the Government to provide information on the number of investigations conducted by the labour inspectors and the Ministry of Home Affairs related to the trafficking of children and on the prosecutions and penal sanctions applied in such cases.

2. District Child Labour Committees (DCLCs). Following its previous comments, the Committee notes the Government’s information that pursuant to the implementation of the programmes monitored by the DCLCs, a total of 48 boys and 17 girls were withdrawn and integrated into schools in 2012 in the district of Kafue. Moreover, in the district of Luanshya, 23 children were withdrawn from child labour through educational skills, 101 children were withdrawn from child labour and provided vocational training and skills, while 150 targeted households of prevented/withdrawn children were provided with various small-scale business inputs to supplement their household efforts. The Committee further notes from the Government’s report that the programme entitled Educational Support to Child Beneficiaries which was implemented by the DCLCs in 18 community schools prevented 332 children and withdrew 37 children from child labour, while 101 children benefited from vocational training and skills. The Committee requests the Government to continue providing information on the results achieved in the context of the implementation of the programmes monitored by the DCLCs, in terms of the number of children prevented and withdrawn from the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Action Plan on Child Labour. Following its previous comments, the Committee notes the Government’s information that after the launch of the National Action Plan on Child Labour and the National Child Labour Policy in 2011, the Government, with support from ILO–IPEC, held workshops with all key implementing partners with a view to explaining the roadmap on the implementation of the child labour programmes. A consultative workshop for social partners and implementing partners was also held, in March 2012, to solicit inputs from all the ten provinces into the draft Monitoring and Evaluation Instrument and Resource Mobilization of the national action plan. Noting from the Government’s report that more funds will be required to implement the national action plan, the Committee urges the Government to take the necessary measures to ensure that the National Action Plan on Child Labour is implemented in the near future. It also requests the Government to provide information on its implementation as well as on its impact in eliminating the worst forms of child labour.

2. Achieving Reduction of Child Labour in Support of Education (ARISE Programme). The Committee notes that the Government of Zambia, in collaboration with ILO–IPEC, Japan Tobacco International (JTI) and Winrock International (a US-based non-profit organization) has launched the ARISE programme Zambia on 19 April, 2013. The programme aims to prevent and help to eliminate child labour in the tobacco-growing area of Kaoma by addressing the social and economic factors that drive tobacco farmers to engage children in hazardous work. The ARISE programme focuses on three broad and complementary areas such as: reducing child labour through awareness raising and improving educational and vocational training opportunities; empowerment for individuals and groups in the community; and working with national, regional and local government bodies to improve awareness and implement more effective policies in relation to the reduction of child labour. The Committee requests the Government to provide detailed information on the implementation of the ARISE programme and its impact in reducing child labour, including hazardous work in the tobacco-growing communities of Kaoma.

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. Following its previous comments, the Committee notes the Government’s information that, as of 2010, 9,970 new classrooms were constructed, in addition to 51 basic schools. These basic schools created a classroom capacity for 2,040 pupils. In 2011, 44 new secondary schools were constructed by the Government while also embarking on the construction of 30 more secondary schools. The Committee also notes the Government’s indication that 35,000 new qualified teachers were recruited and deployed which has also contributed to the development in the education system in Zambia. In addition, the School Health and Nutrition Programme (SHN), which was initially piloted in two districts, has been expanded to eight of the ten provinces covering a total of 2,500 schools with 1.3 million learners in primary school. Moreover, the school feeding programme within the SHN programme where the schools provide food to learners in food deficit areas, has resulted in an increase in school attendance of children. The Committee notes from the 2012 Decent Work Country Profile that enrolment in grades 1–7 increased by 67 per cent from 1.6 million children in 2000 to 3 million in 2009, while the completion rate at grade 7 was over 91 per cent in 2008. The Committee further notes that according to the UNESCO Institute for Statistics, in 2011, the net enrolment rates (NER) in primary education in Zambia was 95 per cent, with 96 per cent of girls and 94 per cent of boys. The Committee requests 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. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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. The Committee previously requested the Government to provide information on the number of cases of trafficking of children reported to the victim support unit (VSU) and on the prosecutions, investigations, convictions and penal sanctions applied in such cases.

The Committee notes the Government’s indication that a total of 56 cases of trafficking of children have been reported to the VSU since 2008, and in three cases the perpetrators were sentenced to imprisonment for 15–30 years. The Committee further notes from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that according to the anti-trafficking secretariat, the Government successfully prosecuted two cases of child trafficking under the Anti-human Trafficking Act of 2008 and the convicted persons are currently undergoing prison sentences, while the children were rescued. The Government report further indicates that currently nine cases of human trafficking are pending before the court. Noting the Government’s statement that trafficking is a problem in Zambia, the Committee urges the Government to take the necessary measures to ensure that in-depth investigations and effective prosecutions are conducted against persons who engage in the sale and trafficking of children under 18 years of age. It requests the Government to continue providing information on the number of convictions made as well as the specific penalties applied for such offences.

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.

The Committee notes the Government’s indication that in 2011 about 26.1 per cent of the children at grades 1–12 were orphans. It also notes the Government’s information that it has established a Public Welfare Assistance Scheme which aims at assisting households and individuals in need, including orphans and vulnerable children and fulfilling their basic needs such as health, education, food and shelter. Furthermore, a total of 32,643 households with orphans or vulnerable children benefited from the social cash transfer scheme in 2011. In addition, several action programmes were developed, such as: combating child labour through education and social protection schemes in Livingstone; prevention and withdrawal of HIV/AIDS-affected children from child labour in the Luanshya and Masiati districts; prevention and withdrawal of children affected and at risk of entering into the worst forms of child labour through education, recreation and household social protection in Lusaka, Chibombo, Kafue and Rufunsa. The Committee further notes the Government’s indication that through these action programmes, a total of 1,450 children were prevented and 1,133 children were withdrawn from child labour, including from the worst forms.

The Committee notes, however, that according to the Zambia Country Report of 31 March 2012 to the United Nations General Assembly Special Session on AIDS (UNGASS report) the percentage of households with vulnerable children that received free basic external support marginally increased from 11.9 per cent in 2005 to 19 per cent in 2009. Therefore, about 80 per cent of households with vulnerable children were still not receiving basic external support. The Committee notes that according to the Epidemiological Fact Sheet on HIV and AIDS of 2011 – Zambia (UNAIDS), over 680,000 children aged 0–17 years are orphans due to HIV/AIDS. While taking due note of the measures taken by the Government to protect orphans and other vulnerable children, the Committee expresses its deep concern at the high 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 impact of the Public Welfare Assistance Scheme in preventing and withdrawing children/orphans affected by HIV/AIDS from the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that a total of 1,244 labour inspections were carried out in 2011 and no violations with regard to the minimum age was detected in the formal economy. It also notes the Government’s statement that the 2012 labour force survey which is currently under way has included modules on child labour. The Committee notes, however, that according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work (UCW) entitled “Towards Ending Child Labour in Zambia, inter-agency country report 2012” although there has been a substantial reduction in the incidence of child labour, over 950,000 children were working in 2008, of which nearly 92 per cent worked in the agricultural sector, many of them working in hazardous conditions. The Committee expresses its deep concern at the high number of children involved in hazardous work in Zambia. It requests the Government to strengthen its efforts to remove children from hazardous work and ensure their rehabilitation and social integration. The Committee requests the Government to supply a copy of the 2012 labour force survey report, once it has been made available. To the extent possible, all information provided should be disaggregated by sex and age.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. The Committee previously noted that sections 3, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act No. 10 of 2004 prohibit the use, procuring or offering of a person under 18 years of age for “illicit activities”, such as the production and trafficking of illegal drugs. It also noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child to allow the child to be in any street, premise or place for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee notes the absence of information in the Government report with regard to the measures taken or envisaged to extend the prohibition on involving a child under 16 years for begging to also cover children of 16 to 18 years of age. The Committee therefore once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of children aged 16 to 18 years for begging.

Article 5. Monitoring mechanisms. Labour Inspectorate. Following its previous comments, the Committee notes the Government’s information that during the period from 2009 to 2010, 35 specific child labour inspections were undertaken by the labour inspectors and 360 children were withdrawn from child labour. Of the children withdrawn, 60 per cent were taken back to school and reintegrated while the remaining 40 per cent were empowered with the necessary skills to make them self reliant. The Committee requests the Government to continue providing information on the inspections carried out by the labour inspectors and on the number and nature of violations detected with regard to minors under the age of 18 years.

District Child Labour Committees (DCLCs). The Committee previously noted the establishment of 11 DCLCs 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. It also noted the Government’s statement that the DCLCs had been undergoing administrative and financial difficulties and hence was not able to function effectively.

The Committee notes the Government’s indication that for the first time the Government has included some funding provisions for the DCLCs in the 2012 budget. The Committee requests the Government to take the necessary measures to make the DCLCs effectively functional, including the allocation of additional resources and funding. It also requests the Government to provide information on the number of children withdrawn and rehabilitated pursuant to the implementation of the programmes monitored by the DCLCs.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the National Action Plan on Child Labour was adopted along with the National Child Labour Policy in June 2011. The Committee requests the Government to provide information on the implementation of the National Action Plan on Child Labour and the National Child Labour Policy and their impact in eliminating the worst forms of child labour.

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. Following its previous comments, the Committee notes the Government’s information that it has established a comprehensive system of identifying poor and vulnerable children, assessing their needs and determining how best to meet their educational needs. The Government states that it has established bursary and scholarship schemes for poor and vulnerable children, with special provisions for the needs of the girl child, orphans and children from rural areas, and prohibited the exclusion of any child from the basic school on the grounds of failure to pay, or being unable to afford the necessary materials, school uniform or similar items. The Committee notes the Government’s indication that the basic school enrolment rates have reached 94.2 per cent (an increase from 1,806,754 in 2000 to 3,510,288 in 2010), while the drop-out rates have been reduced from 4.6 per cent in 2000 to 2 per cent in 2010. The Committee further notes from the ILO/IPEC project report that within the framework of the project entitled “Support to the development and implementation of time-bound measures against the Worst Forms of Child Labour 2006–10”, 9,722 children were withdrawn and prevented from the worst forms of child labour through educational services and training opportunities, and 9,119 children were withdrawn and prevented through other non-education related services. The Committee requests the Government to continue taking effective measures to improve the functioning of the educational system, including by increasing the school enrolment rates and reducing school drop-out rates. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes the Government’s information that the Programme for the Advancement of Girl’s Education (PAGE) which aims to empower girls and women to fully participate in and benefit from the economic and social development of the nation and to ensure the survival of girls into adulthood with particular emphasis on their protection from HIV/AIDS implemented the following measures:

• – Research studies were conducted to provide information and insight that was needed to identify and formulate policies and actions in support of girls’ education.
• – Advocacy and sensitization programmes were conducted which aimed at advocating for policies to promote an enabling environment for the education of girls and focused on strategies and activities to sensitize the community, such as parents, teachers, administrators and pupils on the negative attitudes towards girls’ education.
• – Single sex classes were created which enabled girls to have a separate but conducive learning environment which increased their self-confidence and self-esteem.
• – Affirmative action was undertaken to increase the number of women in the management of education.
• – Girl-Friendly Modules/Gender Sensitive Pedagogy were implemented to strengthen the girl-friendly school concept.
• – Community action was undertaken which sought to mobilize communities such as traditional leaders, in support of girls’ education.
• – Gender Across the Curriculum for Primary Teachers’ Training was introduced in the training of primary school teachers which enabled them to be more gender-sensitive in every aspect of their professional work.
• – School grants were provided to schools to assist them in making local decisions regarding priorities and needs in improving girls’ education.

The Committee notes the Government’s information that though the PAGE project was completed in 2002, its best practices have been mainstreamed into the activities of the Ministry of Education. It further notes the Government’s indication that this project’s interventions have resulted in the reduction of dropout rates of girls at the basic school level from 4.9 per cent in 2000 to 1.4 per cent in 2010 and the Gender Parity Index at the basic school level increased to 0.99 per cent in 2010, which implies that for every 100 boys enrolled there were 99 girls.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that child labour in Zambia is found mainly in the informal sector, including in agriculture, stone crushing, fishing, forestry, trading on the streets or in markets and in caring for sick family members. The Committee notes, that according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Zambia of May 2009, over 1.4 million children between the ages of 5–17 years are exposed to hazardous working conditions. The Committee notes that according to a report entitled “2010 Findings on the Worst Forms of Child Labour–Zambia” available at the website of the United Nations High Commissioner for Refugees, the Government conducted a Labour Force Survey in 2008. The Committee expresses its deep concern at the high number of children involved in hazardous work in Zambia and requests the Government to redouble its efforts to remove and rehabilitate children from hazardous work. The Committee requests the Government to provide updated statistical information on the nature, extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. The Committee also requests the Government to supply a copy of the Labour Force Survey report, once it has been made available. To the extent possible, all information provided should be disaggregated by sex and age.

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

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.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. The Committee had previously noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child to allow the child to be in any street, premise or place for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). It had noted the Government’s information that the Ministry of Community Development initiated massive awareness-raising campaigns and sensitization programmes on the need for the public to stop giving financial and material assistance to street children who beg on the streets. The Committee notes that the Government’s report has no information with regard to the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging. The Committee therefore once again draws the Government’s attention to Article 3(c), read with Article 2 of the Convention, which requires the prohibition of using, procuring or offering a child under 18 years for illicit activities including begging. The Committee urges the Government to amend its legislation to prohibit the use, procuring or offering of children under 18 years for illicit activities, including begging.

Article 5. Monitoring mechanisms. 1. Labour inspectorates and police officers. The Committee had previously noted the Government’s statement that, according to the provisions of section 18 of the Employment of Young Persons and Children’s Act, labour officers are entitled to enter, at all reasonable times, upon any land, premises or industrial undertakings to ensure compliance with the Act. It had also noted that according to the Labour Department Annual Report of 2006, the labour officers inspected about 1,020 workplaces that year and that no cases of child labour were detected in the formal sector, although some cases of child labour were found in the informal sector. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the number of investigations carried out by the labour officers and the police, including in the informal sector, and on the number and nature of violations detected with regard to children under the age of 18 years.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee had previously noted that the District Child Labour Committees (DCLC) and Community Child Labour Committees (CCLC), established at the district and community levels, are entrusted with the mandate to monitor the implementation of the programmes on the elimination of the worst forms of child labour. It had also noted that the activities and performance of the DCLCs and CCLCs are assessed by the Child Labour Unit within the Ministry of Labour. The Committee notes the Government’s statement that due to the lack of transport and communication services, the DCLCs 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 requests the Government to take the necessary measures to make the DCLCs functional, and thereafter requests it to provide information on the number of children withdrawn from the worst forms of child labour and rehabilitated pursuant to the implementation of the programmes monitored by the DCLCs and the CCLCs.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted the Government’s statement that it is in the process of soliciting inputs from stakeholders for the National Child Labour Action Plan which is expected to be finalized by December 2008. The Committee notes the information provided by the Government in its report under Convention No. 138, 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 various activities. The Committee requests the Government to take the necessary measures to ensure that the National Action Plan on Child Labour is adopted as soon as possible. It also requests the Government to provide information on the implementation of this action plan, once adopted and on the results achieved in terms of removing children from the worst forms of child labour and rehabilitating them.

Article 7, paragraph 1. Penalties. The Committee had previously observed that concerning the use, procuring or offering of a child for prostitution, the Employment of Young Persons and Children’s Act (sections 3 and 17(B)) and the Penal Code (sections 38, 140, 146, 147 and 149) provide for different penalties. It had noted the Government’s statement that the Zambian Law Development Commission has taken the initiative to harmonize various pieces of legislation in consultation with the stakeholders. The Committee had requested the Government to indicate the progress made in harmonizing the discrepancies with regard to the penalties. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to harmonize the discrepancies with regard to the penalties, as well as their applicability, for the offence related to the use, procuring or offering of a child for prostitution, as established under the Employment of Young Persons and Children’s Act and the Penal Code. It once again requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour.
1. Access to education. The Committee had previously noted the Government’s information that there had been a remarkable decline in the number of out-of-school children. According to the Education Statistical Bulletin of 2006, only 11.2 per cent of out-of-school children between the ages of 7 and 18 were recorded in 2006 and the number of schools offering primary education and secondary education had increased from 4,021 to 4,269 and from 2,221 to 2,498, respectively. It had also noted the Government’s statement that the gross enrolment ratio for grades one to nine had increased steadily from 2003 to 2007 and that it had adopted a policy to upgrade primary schools into basic schools in order to ensure that children have access to basic education up to grade nine. As per the Child Labour Survey Report of 2005, the incidence of child labour was estimated at 895,000 with 92 per cent of all working children residing and working in rural areas. According to the UNESCO Report entitled “Education For All – Global Monitoring Report, 2008”, in Zambia, the primary net enrolment rates had increased by more than 20 per cent between 1999 and 2005.

The Committee had also noted the information provided by the Worker Members at the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138), that Zambia does not yet have a system of free, compulsory, formal and public education and, therefore, it would not be able to succeed in eliminating child labour. The Worker Members also stated 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 1999 and 2005, disadvantaged children were still two to three times less likely to be in school than other children. The Committee notes the Government’s information in its report under Convention No. 138 that efforts are under way to make schooling compulsory up to basic education level. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, including by increasing the school enrolment rates and reducing school drop-out rates, especially of children in the rural areas. It requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved. The Committee further requests the Government to provide information on any progress made with regard to the extension of compulsory schooling up to basic level.

2. Commercial sexual exploitation. The Committee had previously noted the Government’s indication that a Time-bound programme (TBP) entitled “Support to the development and implementation of time-bound measures against the worst forms of child labour in Zambia” was launched in 2006. It had also noted the Government’s statement that this TBP of 2006 also addresses the issues of child commercial sexual exploitation. The Committee notes that according to the ILO/IPEC Technical Progress Report of March 2009, within the framework of this TBP a total of 9,115 children (4,346 boys and 4,769 girls) were withdrawn or prevented from child labour through the provision of educational services or training opportunities, and 7,101 (3,280 boys and 3,821 girls) through other non‑educational services

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child domestic work. The Committee had previously noted that the ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and francophone Africa”, launched in 2004 and in which Zambia is a participating country had contributed to the development of a National Plan of Action to Combat Child Domestic Labour and provided recommendations for the child labour policy (ILO/IPEC, final report, 2006). The Committee once again requests the Government to provide information on the implementation of the National Plan of Action to Combat Child Domestic Labour and its impact on eliminating child domestic labour.

Clause (e). Special situation of girls. The Committee had previously noted that the Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE), which aimed at increasing enrolment, progression and quality of education by sensitizing the community and parents, creating single sex classes for girls and improving teaching methodology. According to the UNICEF document on “Strategies of Girls’ Education”, 2004, the PAGE programme in Zambia was so successful that it had been extended to the whole country. This project, piloted in 1995 in 20 schools, was operational in over 1,000 schools in all 72 districts by 2002. The Committee had also noted the Government’s information that it had taken measures to readmit pregnant teenage girls to school after giving birth. 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 PAGE and the results achieved.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Child Labour Survey Report of 2005, which provided statistical information on the prevalence of child labour in Zambia. The Committee once again requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, including the violations under Article 3(a)–(c) of the Convention, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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

Article 3 and Part V of the Convention. Worst forms of child labour and application in practice. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted the allegations of the International Trade Union Confederation (ITUC), that there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution and that combatants from neighbouring Angola kidnapped Zambian children to perform forced labour in Angola. It had also noted that there are criminal provisions in place prohibiting the sale and trafficking of children under 18 years for any purpose. However, based on the results of a study conducted by the ILO–IPEC on the nature and extent of trafficking in Zambia, the Committee had expressed concern at the prevalence of internal trafficking of children for domestic labour, farm work and commercial sexual exploitation and requested the Government to redouble its efforts to eliminate the trafficking of children for labour and sexual exploitation, and on the penalties imposed on the perpetrators.

The Committee notes the Government’s statement that three cases of child trafficking were reported under section 143 of the Penal Code (Amendment) Act of 2005, out of which two perpetrators were sentenced to twenty years of imprisonment while the third case is under investigation. In addition, two perpetrators of child trafficking were charged under the Immigration Act, for which prosecutions are under way. The Committee notes the Government’s statement that the reported cases have led to the withdrawal of six children from trafficking. The Committee requests the Government to continue providing information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied, for violations of the legal prohibitions on the sale and trafficking of children. It also requests the Government to provide information on the measures taken for the rehabilitation and social integration of the children withdrawn from trafficking.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted  the Government’s indication that it had formulated a “Statutory Instrument on hazardous work” which prohibits 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 farm machinery and processing in industries. It had noted that section 3(a) of the Employment of Young Persons and Children (Amendment) Act of 2004 (EYPC), defines a child as a person under the age of 15 years and section 3(e) defines a young person as a person aged between 15 and 18 years. The Committee notes the information provided by the Government in its report under Convention No. 138 that the Hazardous Labour Statutory Instrument developed in collaboration with the social partners and 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 it once it has been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted the establishment of 11 District Child Labour Committees to monitor the implementation of programmes to sensitize the public to child labour and its worst forms, as well as programmes to withdraw, rehabilitate and reintegrate identified children. It had also noted that six labour inspectors were trained in the prosecution of child trafficking cases. The Committee further noted the information provided by the Government representative of Zambia to the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138) that an Inter-Ministerial Committee on Human Trafficking was established to provide specialized intervention on human trafficking.

The Committee notes the Government’s statement that the role of the Inter‑Ministerial Committee on Human Trafficking includes: to coordinate programmes on protection, prevention and prosecution on human trafficking issues; and to help in the development and revision of policies and legislation on human trafficking. The Committee also notes the Government’s statement that the Inter-Ministerial Committee on Human Trafficking developed a draft communication strategy for the implementation of anti-trafficking measures; developed and adopted the Anti‑Human Trafficking Act of 2008; and set up the National Human Trafficking Secretariat. The Committee further notes the Government’s statement that the District Child Labour Committees have not so far dealt with any cases of child trafficking due to administrative and financial difficulties faced by these committees. The Committee requests the Government to take the necessary measures to make the District Child Labour Committees functional, and thereafter requests it to provide information on the number of children withdrawn and rehabilitated pursuant to the implementation of the programmes monitored by the District Child Labour Committees. It also requests the Government to provide further information on the implementation of the programmes on protection, prevention and prosecution on human trafficking coordinated by the Inter-Ministerial Committee on Human Trafficking, and the results achieved.

Article 7, paragraph 2. Effective time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee had noted the ITUC’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It had also noted 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 working, particularly in hazardous work. The Committee had also noted that the Government developed a national HIV/AIDS policy which addresses the issues of orphans, as well as HIV-positive children and launched a National Decent Work Country Programme in December 2007, which has outlined HIV/AIDS prevention and elimination of child labour among its priorities. It had further noted the Government’s statement that, as of March 2008, there had been an increase in the number of children prevented and withdrawn from HIV/AIDS-induced child labour, through educational support, recreational and psychological support, and through income-generation activities for the families affected by HIV/AIDS. Many children who were integrated into formal and informal schools continued their education after receiving school requirements, and those who completed vocational skills training were provided with employment. The Committee had also noted that through the ILO–IPEC project entitled “Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa (September 2004 - December 2007)”, in Zambia a total of 1,124 children were withdrawn from exploitative child labour and 1,149 children were prevented from being engaged in exploitative child labour, through educational and social protection services.

The Committee had noted, however, 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 60,000 children aged below 17 years were HIV/AIDS orphans in Zambia. The Committee had observed with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. It had therefore requested the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the implementation of the national HIV/AIDS policy, the national Decent Work Country Programme and the results achieved in terms of the elimination of HIV/AIDS-induced child labour. The Committee notes that the Government’s report contains only information on the measures adopted to resolve the challenges associated with HIV/AIDS at work places. The Committee therefore once again requests the Government to provide information on the implementation of the national HIV/AIDS policy, the national Decent Work Country Programme and on the results achieved in terms of the elimination of HIV/AIDS-induced child labour. It encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour.

Article 8. International cooperation. The Committee had previously noted that the Zambia police service established a human trafficking desk as a way of cooperating with other countries to combat human trafficking. The Committee had requested the Government to provide information on the role of the human trafficking desk in combating cross-border trafficking in children. The Committee notes the Government’s indication that the human trafficking desk has not yet been established but the process has begun and has reached an advanced stage. According to the Government’s report, the human trafficking desk would enable the public to report cases of child trafficking to the police, thereby providing for a quick intervention on matters relating to child trafficking. The Committee requests the Government to provide further information on the progress made in the establishment of the human trafficking desk and on the number of cases of child trafficking reported. It also requests the Government to provide information on its impact in combating internal as well as cross-border trafficking in children.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. The worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. In its previous comments, the Committee had noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child allow the child to be in any streets, premises or places for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging. The Committee notes the Government’s information that the Ministry of Community Development has initiated a massive awareness campaign and sensitization programmes on the need for the public to stop giving financial and material assistance to street children who beg on the streets. It notes, however, that the Government does not provide any information on the legal provisions prohibiting the use or procuring of a child under 18 years for begging. The Committee draws the Government’s attention to Article 3(c) read with Article 2 of the Convention which requires the prohibition of using, procuring or offering a child under 18 years for illicit activities. The Committee urges the Government to amend its legislation to prohibit the use, procuring or offering of children under 18 years for illicit activities, including begging.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that, by virtue of sections 2 and 8 of the Employment of Young Persons and Children (Amendment) Act of 2004, (EYPC Act of 2004) children aged 16 and over may perform night work, underground work, work in an unhealthy environment or with dangerous machinery. Noting that a list of the types of hazardous work was under preparation, the Committee had expressed its hope that the Government would take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee notes the Government’s report that the proposed “Statutory Instrument on hazardous work” prohibits 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 farm machinery and processing in industries. It also notes that section 3(a) of the EYPC Act of 2004 defines a child as a person under the age of 15 years and section 3(e) defines a young person as a person aged between 15 and 18 years. It further notes the Government’s indication that the social partners and all stakeholders were consulted in drafting the above list of types of hazardous work. The Committee expresses the firm hope that the 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 5. Monitoring mechanisms. 1. Labour inspectors and police officers. Noting that the EYPC Act of 2004 had extended its scope of application to commercial, agricultural and domestic worksites, as well as family undertakings, the Committee had previously requested the Government to indicate whether labour inspectors or police officers are entitled to enter such workplaces to ensure compliance with the Act. The Committee notes the Government’s statement that, according to the provisions of section 18 of the Employment of Young Persons and Children’s Act, labour officers are entitled to enter, at all reasonable times, upon any land, premises or industrial undertakings to ensure compliance with the Act. It notes, that according to the Labour Department Annual Report of 2006, the labour officers inspected about 1,020 workplaces that year. In 2006, no cases of child labour were detected in the formal sector although some cases of child labour were found in the informal sector. The Committee requests the Government to continue providing information on the number of investigations carried out by the labour officers and the police, including in the informal sector, and on the number and nature of violations detected with regard to children under the age of 18 years.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee notes that the District Child Labour Committees (DCLC) and Community Child Labour Committees (CCLC), established at the district and community levels, are entrusted with the mandate to monitor the implementation of the programmes on the elimination of the worst forms of child labour. It also notes that the activities and performance of the DCLCs and CCLCs are assessed by the Child Labour Unit within the Ministry of Labour. The Committee requests the Government to provide information on the number of children withdrawn from the worst forms of child labour and rehabilitated pursuant to the implementation of the programmes monitored by the District Child Labour Committees and the Community Child Labour Committees.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that it is in the process of soliciting inputs from stakeholders for the National Child Labour Action Plan which is expected to be finalized by December 2008. It also notes the Government’s indication that all district labour officers are being trained in analyzing the data and inputs collected and thereafter in preparing the National Child Labour Action Plan. The Committee requests the Government to provide information on the implementation of the National Child Labour Action Plan and the programmes of action established in this context, and on the results achieved in terms of the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously observed that concerning the use, procuring or offering of a child for prostitution, the Employment of Young Persons and Children’s Act (sections 3 and 17(B)) and the Penal Code (sections 38, 140, 146, 147 and 149) provide for different penalties. The Committee therefore had asked the Government to take the necessary measures to harmonize its legislation with regard to the penalties applicable to girls and boys under 18 years of age who are used, procured or offered for prostitution. The Committee notes the Government’s report that the Zambian Law Development Commission has taken the initiative to harmonize various pieces of legislation in consultation with the stakeholders. The Committee hopes that the Government will harmonize the discrepancies with regard to the penalties, as well as their applicability, for the offence related to the use, procuring or offering of a child for prostitution as established under the Employment of Young Persons and Children’s Act and the Penal Code. It requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 2. Time-Bound measures. The Committee notes the Government’s information that a Time-bound Programme (TBP) was launched in 2006. The Committee notes that according to the ILO/IPEC Technical Progress Report (Zambia TBP) of September 2008, the objective of the TBP entitled “Support to the development and implementation of time-bound measures against the Worst Forms of Child Labour in Zambia” is to contribute to the elimination of the worst forms of child labour through strengthening national capacity to formulate and implement a national TBP against the worst forms of child labour. The Committee notes that within the framework of this TBP a total of 5,952 children had benefited (2,081 children withdrawn and 3,871 prevented from child labour) through the provision of educational services or training opportunities, and 4,039 children (1,215 children withdrawn and 2,824 children prevented) through other non-educational services.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes the information provided by the Government in its report under Convention No. 138 that there had been a remarkable decline in the number of out-of-school children. According to the Education Statistical Bulletins of 2006, only 11.2 per cent of out-of-school children between the ages of 7 and 18 were recorded in 2006. The Education Statistical Bulletins of 2006 revealed that during the period from 2006 to 2007, the number of schools offering primary education increased from 4,021 to 4,269 and the number of schools offering secondary education increased from 2,221 to 2,498. The Government states that the gross enrolment ratio for grades one to nine has increased steadily from 2003 to 2007. The Government also indicates that it has adopted a policy to upgrade primary schools into basic schools in order to ensure that children have access to basic education up to grade nine. The Committee notes that, according to the Child Labour Survey Report of 2005, the incidence of child labour was estimated at 895,000. The results also indicated that child labour is predominantly a rural phenomenon with 92 per cent of all working children residing and working in rural areas. According to the UNESCO Report entitled Education For All – Global Monitoring Report, 2008, in Zambia, the primary net enrolment rates have increased by more than 20 per cent between 1999 and 2005.

The Committee notes the information provided by the Worker members at the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138), that Zambia does not yet have a system of free, compulsory, formal and public education and, therefore, it would not be able to succeed in eliminating child labour. The Worker members also stated that, due to the abolition of school fees, the total enrolment rates at school had increased, and the number of out-of-school children had fallen from 760,000 to 228,000 between 1999 and 2005. However, disadvantaged children were still two to three times less likely to be in school than other children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to step up its efforts to improve the functioning of the educational system, including by increasing the school enrolment rates and reducing school dropout rates, especially of children in the rural areas. It requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved.

2. Commercial sexual exploitation. The Committee had previously noted that ILO/IPEC had launched an action programme to combat child trafficking and the commercial sexual exploitation of children in four towns of Zambia, namely Kapiri Mposhi, Chirunudu, Lusaka and Livingstone, 2004–06. It also notes that the objectives of this action programme include the withdrawal and prevention of 100 girls and boys from child trafficking and commercial sexual exploitation and providing them with alternatives such as formal education and skills training as well as to support 40 parents of the withdrawn children with income to start their income generating activities. According to the ILO/IPEC Technical Progress Report of March 2006, under this action programme, 18 children were provided with educational alternatives, including formal education and skills training. Income generating facilities were also provided to their parents. The Committee further notes the Government’s indication that the TBP of 2006 also addresses the issues of child sexual exploitation. The Committee requests the Government to provide information on the concrete measures taken within the framework of the TBP of 2006 to combat child sexual exploitation. It also requests the Government to provide information on the results achieved with regard to removing children under 18 years from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child domestic work. The Committee had previously noted that Zambia is participating in a two-year ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and francophone Africa” which was launched in 2004. This project, which was actively operational in two core countries, i.e. Zambia and Uganda, contributed to the prevention and withdrawal of a total of 3,656 children, mostly girls from child domestic labour and were provided with formal and vocational education alternatives. The project also contributed to the development of a National Plan of Action to Combat Child Domestic Labour and provided recommendations for the child labour policy (ILO/IPEC, Final Report, 2006). The Committee requests the Government to provide information on the implementation of the National Plan of Action to Combat Child Domestic Labour and its impact on eliminating child domestic labour.

Clause (e). Special situation of girls. The Committee had previously noted that the Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE) which aims at increasing enrolment, progression and quality of education by sensitizing community and parents, creating single sex classes for girls and improving teaching methodology. According to the UNICEF document on “Strategies of Girls’ Education”, 2004, the PAGE programme in Zambia has been so successful that it has been extended to the whole country. This project, piloted in 1995 in 20 schools, was operational in over 1,000 schools in all 72 districts by 2002. The Committee notes the information provided by the Government in its report under Convention No. 138 that it has taken measures to readmit pregnant teenage girls to school after giving birth. The Committee requests the Government to provide information on the implementation of the Programme for the Advancement of Girls’ Education and the results achieved.

Article 8. International cooperation. Poverty eradication programme. The Committee notes the Government’s statement that the poverty level in the country after the implementation of the Poverty Eradication Strategy Paper came down from 73 per cent to 67 per cent of the population. The Child Labour Survey of 2005 indicates that the incidence of child labour has drastically reduced from 1 million in 1999 to 895,246 in 2005.

Part V of the report form. Application of the Convention in practice. According to the Child Labour Survey Report of 2005, an estimated 785,712 children aged from 5 to 17 years were found to be in hazardous work with 674 children working in the mining and quarrying sector. The survey further indicated that 0.4 per cent of the child labourers in the age group of 15–17 and 0.1 per cent of those in the age group of 10–14 worked at night. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, including the violations under Article 3(a)–(c) of the Convention, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 and Part V of the Convention. Worst forms of child labour and application in practice. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee had noted the allegations of the International Trade Union Confederation (ITUC), according to which there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution and that combatants from neighbouring Angola kidnapped Zambian children to perform forced labour in Angola.

It had also observed that according to the ILO–IPEC study conducted in 2002, there were reports of internal child trafficking, especially in the central province, for the purpose of employing them in farms. The Committee had further noted that sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004, prohibit the sale and trafficking of children and young persons under 18 years of age. It had also noted the prohibition on trafficking of persons for sexual exploitation for slavery under sections 257 and 261 of the Penal Code, respectively.

The Committee notes that the Penal Code of Zambia was amended in 2005 to include explicit prohibitions against human trafficking. According to section 143 of the Penal Code (Amendment) of 2005, any person who sells or traffics in a child or other person for any purpose, or in any form, commits an offence and is liable, upon conviction, to imprisonment for a term of not less than 20 years.

It notes the Government’s information that, so far, three prosecutions under section 143 of the Penal Code (related to child trafficking) have been reported. The Committee notes with interest that the Government adopted an Anti-Human Trafficking Act No. 11 of 2008. According to sections 3(2) and (4) of the Act, any person who traffics a child (defined as a person under 18 years of age) for the purpose of engaging them in the worst forms of child labour shall be liable to imprisonment for 25–35 years. The Committee notes, however, that according to a study conducted by ILO–IPEC on the nature and extent of trafficking in Zambia (Working Paper on the Nature and Extent of Child Trafficking in Zambia, 2007) trafficking of children exists in Zambia, predominantly internal trafficking, for domestic labour, farm work and commercial sexual exploitation. The Committee notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee therefore requests the Government to redouble its efforts to take the necessary measures to eliminate trafficking of children for labour and sexual exploitation. It also requests the Government to take the necessary measures to ensure that persons who traffic in children are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee finally requests the Government to provide information on the progress made towards the adoption of the new Anti-Trafficking Bill and to provide a copy as soon as it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that 11 District Child Labour Committees and Community Child Labour Committees have been established with the mandate 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. The Committee also notes the Government’s information that the labour inspectors, with the support of other Government security forces, carry out child trafficking inspections within its jurisdiction. So far, six labour officers have been trained in the prosecution of child trafficking cases.

The Committee further notes the information provided by the Government representative of Zambia to the Conference Committee on the Application of Standards in June 2008 concerning the application of the Minimum Age Convention, 1973 (No. 138). The Government representative stated that active investigation of child trafficking was strengthened, and that an Inter-Ministerial Committee on Human Trafficking has been established in order to provide specialized intervention on human trafficking through its relevant law enforcement agencies. The Committee requests the Government to provide information on the number of investigations carried out and the prosecutions undertaken by the labour officers and the police and the findings with regard to the trafficking of children. The Committee also requests the Government to provide information on the number of children withdrawn from trafficking and rehabilitated pursuant to the implementation of the programmes monitored by the District Child Labour Committees. It finally requests the Government to provide information on the activities of the Inter-Ministerial Committee on Human Trafficking to prevent and combat the trafficking of children under 18, and the results achieved.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee had noted the ITUC’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It had also noted 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 working, particularly in hazardous work.

The Committee notes the Government’s report that it has developed a National HIV/AIDS policy which addresses the issues of orphans as well as HIV-positive children. It also notes that the Government has launched a National Decent Work Country Programme in December 2007, which has outlined HIV/AIDS prevention and elimination of child labour among its priorities. It further notes the Government’s statement that, as of March 2008, there has been an increase in the number of children prevented and withdrawn from HIV/AIDS- induced child labour through educational support, recreational and psychological support, and through income generation activities for the families affected by HIV/AIDS. Many children who were integrated into formal and informal schools continued their education after receiving school requirements, and those who completed vocational skills training were provided with employment. The Committee finally notes the Government’s statement that the Employment Act Cap 268 of the Laws of Zambia, which is currently being reviewed, will include provisions dealing with HIV/AIDS.

The Committee notes that, according to the ILO–IPEC Progress Report, 2008, of the project entitled “Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa (September 2004 – December 2007)”, in Zambia a total of 1,124 children were withdrawn from exploitative child labour and 1,149 children prevented from being engaged in exploitative child labour, through educational and social protection services. Moreover, the project supported the Government’s efforts to mainstream HIV/AIDS issues in its national child labour policies and programmes. The Committee notes, however, that according to the information contained in 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 are HIV/AIDS orphans in Zambia. While noting the measures taken by the Government, the Committee observes with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the results achieved. It further requests the Government to provide information on the implementation of the National HIV/AIDS policy and the National Decent Work Country Programme and on the results achieved in terms of the elimination of HIV/AIDS-induced child labour.

Article 8. International cooperation. The Committee had previously noted that Zambia is a member of Interpol, which assists cooperation between countries in the different regions, in the fight against trafficking of children. The Committee had asked the Government to provide information on the measures taken or envisaged to cooperate with countries to which Zambian children are trafficked. The Committee notes the Government’s information that the police service has created a human trafficking desk as a way of cooperating with other countries in order to combat human trafficking. The Committee requests the Government to provide information on the role of the human trafficking desk created by the police service in combating cross-border trafficking in children, and on the results achieved.

The Committee is also addressing a direct request to the Government concerning certain other points.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted that sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act prohibit the use, procuring or offering of a person under 18 years of age for “illicit activities, such as the production and trafficking of illegal drugs”. It also noted that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child, allow the child to be in any streets, premises or places for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging.

Article 3, clause (d). Hazardous work. The Committee noted that, according to sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, persons under 18 years of age shall not perform work that, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted that, according to the Government’s indication, a list of types of hazardous work is under preparation with the assistance of ILO/IPEC and shall be adopted by the end of 2005. It also noted that, by virtue of section 16 of the Factories Act of 1966, as amended in 1994, persons under the age of 18 years shall not be employed in work processes involving exposure to benzene or products containing benzene. Sections 2 and 8 of the Employment of Young Persons and Children’s Act, prohibit the employment of persons under 18 during the night. It nevertheless observes that, according to section 9 of the same Act, persons over 16 years of age may be employed at night time to perform work which, by reasons of the nature of the process, is required to be carried on continuously day and night. The derogation applies, for instance, to the manufacturing of iron and steel, glasswork, manufacturing of paper or raw sugar, and to gold mining reduction work.

The Committee further observed that, according to section 7(1) of the Act, “no person shall employ a young person under the age of 16 years in an industrial undertaking”. According to sections 3 and 6 of the Act, “industrial undertakings” refer to: (i) mines, quarries and other similar places; (ii) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up, demolished, or in which material are transformed (including shipbuilding, and the generation, transformation and transmission of electricity or motive of power of any kind); (iii) construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, dock, tunnel, bridge, telephonic installation, electrical undertaking, gaswork, waterwork (etc.); (iv) transport of passengers or goods by road, rail or inland waterway, including the handling of goods at docks, quays, wharves and warehouses; and (v) cordwood cutting. The Committee also noted that, by virtue of section 17(B) of the Employment of Young Persons and Children’s Act, “notwithstanding anything in this Act, a young person shall not be employed in any type of employment or work which by its nature or the circumstances in which it is carried out constitutes a worst form of child labour”.

Noting that children aged 16 and over may perform night work, underground work, work in an unhealthy environment or with dangerous machinery, the Committee reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Noting that a list of types of hazardous work is under preparation and is likely to be adopted at the end of 2005, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide a copy of the list of types of hazardous work that, persons under 18, shall not be performed as soon as adopted. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned in drawing up this list.

Article 5. Monitoring mechanisms. 1. Labour inspectors and police officers. The Committee noted that, according to section 73 of the Factories Act, an inspector, who believes that the employment of a young person under 18 years of age in a factory is prejudicial to the young person’s health, may terminate that employment. Section 18 of the Employment of Young Persons and Children’s Act provides that labour inspectors and police officers are entitled to: (i) enter, at any reasonable time, a premise of any industrial undertakings; (ii) examine relevant material; and (iii) exercise such other powers as may be necessary to implement this Act. Noting that Act No. 10 of 2004, which amends the Employment of Young Persons and Children’s Act of 1993, extends its scope of application to commercial, agricultural and domestic worksites, as well as to family undertakings, the Committee asks the Government to indicate if labour inspectors or police officers are entitled to enter such workplaces to ensure compliance with the Act. It also requests the Government to provide information on the activities of labour inspectors and police officers, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It further asks the Government to provide information on the mechanisms designated to monitor the implementation of the penal provisions giving effect to the Convention.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee took note of the Government’s indication that new monitoring mechanisms have been developed following tripartite consultations; their suitability is being tested. It also noted that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 556-558), the Inter-Ministerial Committee on Child Labour and Technical Planning and Monitoring Groups are responsible for implementing the programmes concerning the economic exploitation of children. The Committee accordingly requests the Government to provide information on the concrete measures taken by the abovementioned bodies to monitor the implementation of the programmes on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the ICFTU’s allegations that, in 2001, 85 per cent of the 550,000 child workers were involved in the worst forms of child labour. It also noted that Zambia is participating in a three-year ILO/IPEC programme entitled “Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa” which was launched in 2002. The programme aims at providing governments, workers’ and employers’ organizations, non-governmental organizations and other partners with the technical skills and organizational capacity to formulate and implement programmes to prevent the existence of the worst forms of child labour, as well as protecting, withdrawing, rehabilitating and reintegrating children who are engaged in the worst forms of child labour. With regard to Zambia, the ILO/IPEC report of 2002 identifies a commendable good practice, which is the sensitization and training of the police to identify children engaged in the worst forms of child labour and refer them to appropriate care giving institutions. The report further indicates that the Zambian Employers’ Federation has become a keen actor in promoting awareness amongst their members about the hazards and illegalities of exploitative child labour.

The Committee noted the Government’s indication that Zambia has not yet designed a national programme of action to eliminate as a priority the worst forms of child labour. However, funds have been secured from the treasury and ILO/IPEC to solicit the views of stakeholders on what should constitute a national programme of action. The Government added that the programme shall be designed by the end of 2005. The Committee observed that consultations concerning this programme are on going. The Committee asks the Government to keep it informed of any progress made in the adoption of the national programme of action.

Article 7, paragraph 1. Penalties. The Committee noted that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to one million penalty units or five to 25 years’ imprisonment or both for breach of the provisions prohibiting the employment of persons under 18 years of age in the worst forms of child labour as defined in the Convention.

The Committee nevertheless noted that concerning the use, procuring or offering of a child under 18 for prostitution, the Employment of Young Persons and Children’s Act and the Penal Code, provide for different penalties. Indeed, sections 3 and 17(B) of the Employment of Young Persons and Children’s Act, provide that whoever uses, procures or offers a person under 18 years of age for prostitution is liable to a fine of 200,000 to one million penalty units or to five to 25 years’ imprisonment or both. Sections 38, 140, 144, 146, 147 and 149 of the Penal Code provide that a person who uses, procures or offers a girl or a woman for prostitution is liable to a maximum of two years’ imprisonment or a fine, or both. The Committee accordingly asks the Government to take the necessary measures to harmonize its legislation with regard to the penalties applicable to girls and boys under 18 years of age who are used, procured or offered for prostitution.

Article 7, paragraph 2. Time-bound measures. The Committee noted the Government’s indication that, although the ILO/IPEC has been assisting various stakeholders, their programmes are not lasting long enough to have a serious impact considering the magnitude of the problem in the country. The Government added that Zambia needs a Time-Bound Programme (TBP) in order to effectively combat the worst forms of child labour. The Committee encourages the Government to collaborate with the ILO/IPEC in order to establish a TBP.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee noted that education is not compulsory in Zambia. However, once a child is enrolled, attendance is compulsory by virtue of sections 5(1) and 6(1) of the School (Compulsory Attendance) Regulations of 1970, as amended in 1994. It also took note of the ICFTU’s indication that 25 per cent of primary aged children do not receive any schooling and that, in 1999, less than 20 per cent of children reached secondary school. The UNICEF “Multiple Indicator Cluster Survey Report” (1999, page 17) indicates that only 62 per cent of children of primary school age were attending primary school in 1999. The Committee further observed that the Committee on the Rights of the Child (CRC/C/15/Add.206, 2 July 2003, paragraph 56), expressed its concern at the absence of free and compulsory education in Zambia, the decreasing budget allocation to education, the high drop-out and repeat rates, the poor quality of education and the lack of trained teachers, schools and relevant learning material. The Committee nevertheless noted the Government’s indication that primary education is now free and the capacity of community schools have been increased. The Government added that teachers will be better trained in order to improve the quality of education. The Committee encourages the Government to pursue its efforts and to make primary education compulsory. It also asks the Government to provide information on the results achieved.

2. Commercial sexual exploitation. The Committee noted the ICFTU’s allegations that child prostitution is prevalent in the country. It also noted that the Committee on the Rights of the Child, in its concluding observation (CRC/C/15/Add.206, 2 July 2003, paragraph 64) expressed its concern at the “large and increasing number of child victims of commercial sexual exploitation, including for prostitution and pornography, especially among girls, child orphans and other disadvantaged children” and at the “insufficient programmes for the physical and psychological recovery and social reintegration of child victims of sexual exploitation”. The Committee nevertheless noted that Zambia participated in the ILO Programme entitled “Combating child sexual exploitation in Four Anglophone African countries: Kenya, Tanzania, Uganda and Zambia” (2001 02). The country is also participating in a one-year ILO/IPEC action programme (2004-05) to combat child trafficking and the commercial sexual exploitation of children in Kapiri Mposhi, Chirundu, Lusaka and Livingstone. The Programme’s objectives are: (i) to raise awareness on the commercial sexual exploitation of children in Zambia; (ii) to establish, train and strengthen community volunteer teams to quickly respond to cases of commercial sexual exploitation of children; (iii) strengthening the capacities of community social workers, the police victim support unit officers, the judiciary, immigration officers to effectively implement the activities; and (iv) to conduct direct actions to withdraw, rehabilitate and reintegrate child victims of commercial sexual exploitation. The Committee asks the Government to provide information on the impact of the ILO/IPEC action programme (2004–05) on eliminating child sexual exploitation in Zambia, and on the adoption of any new time-bound and effective measures to combat the commercial sexual exploitation of children under 18.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee noted that, according to the ILO/IPEC report concerning the national programme on the elimination of child labour in Zambia of June 2004, an ILO/IPEC programme which ended in October 2003 resulted in the withdrawal of 1,646 children who were found working in the worst forms of child labour on the streets, in domestic work, in prostitution and in quarries and mines. These children were provided with rehabilitation measures and educational opportunities and their parents with income-generating opportunities. Another ILO/IPEC sectoral programme, which ended in 2004, contributed to the withdrawal and rehabilitation of 1,200 children who previously performed hazardous work in commercial agriculture.

Concerning child domestic workers, the Committee noted that a two-year ILO/IPEC programme entitled “Combating the exploitation of child domestic workers” was launched in 2002 to protect children from exploitative domestic labour, withdraw and rehabilitate those working under exploitative conditions. The programme resulted in the withdrawal of 290 girls and 220 boys from exploitative domestic work most of them received education. Zambia is also participating in a two-year ILO/IPEC programme entitled “preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa”, which was launched in May 2004. The programme aims at sensitizing education policy-makers, educators and school administrators, teachers, local artisans, local communities, the media and employers’ and workers’ organizations about child domestic labour and the importance of quality education as a means to prevent and eradicate it. The programme’s objectives for Zambia and Uganda are: (i) to withdraw 400 girls and 150 boys under 18 from exploitative domestic work and assist their parents through income-generation training; and (ii) to continue to support 2,100 girls and 790 boys who were withdrawn from exploitative work and placed in school. The Committee asks the Government to provide information on the impact of the ILO/IPEC programme entitled “Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa” on withdrawing children from the worst forms of child labour and ensuring their rehabilitation.

Clause (e). Special situation of girls. The Committee noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 354-355) that the National policy on education gives high priority to the education of girls. The Ministry of Education launched a Programme for the Advancement of Girls’ Education (PAGE) which aims at increasing enrolment, progression and quality of education by sensitizing the community and parents, creating single-sex classes for girls and improving teaching methodology. The Committee requests the Government to provide information on the results achieved.

Article 8. Poverty eradication programme. The Committee noted that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, page 12, paragraph 8), 85 per cent of the population live on less than US$1 per day. It also noted that Zambia qualified, in 2000, for the Heavily Indebted Poor Countries Initiative run by the IMF and the World Bank, which is a comprehensive approach to debt reduction for heavily indebted poor countries pursuing IMF and World Bank-supported adjustment and reform programmes. The Government had also adopted a Poverty Reduction Strategy Paper (PRSP), which focuses on poverty and HIV/AIDS reduction strategies, employment creation, agriculture promotion, tourism, education for all, and health care. It further noted the Government’s indication that the issue of child labour is addressed in the PRSP. The Committee accordingly asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee noted the Government’s indication that no decision of courts of law are available concerning the application of the legal provisions giving effect to the Convention. It asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the allegations of the International Trade Union Confederation (ITUC), according to which there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution. The ITUC also indicated that combatants from neighbouring Angola kidnap Zambian children and bring them to Angola to perform various forms of forced labour.

The Committee noted that sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004, prohibits the sale and trafficking of children and young persons under 18 years of age. The trafficking of persons for sexual exploitation is also prohibited under section 257 of the Penal Code. Section 261 of the Penal Code further provides that “any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave” commits an offence. The Committee also noted that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to 1 million penalty units and five to 25 years’ imprisonment for breach of the provisions prohibiting the sale and trafficking of children.

The Committee also noted that ILO–IPEC launched, in March 2004, a one-year action programme to combat child trafficking and commercial sexual exploitation of children in four towns in Zambia, namely Kapiri Mposhi, Chirundu, Lusaka and Livingstone. According to the ILO–IPEC action programme, there are reports of children being trafficked from the United Republic of Tanzania to Zambia, and from Zambia to Angola, the Democratic Republic of the Congo, Namibia and Zimbabwe. The Committee further observed that, according to an ILO–IPEC study conducted in 2002, there were reports of internal child trafficking, especially in the central province, for the purpose of employing children in farms. Teenagers are also reported to be trafficked to South Africa, Germany, Finland, France, Greece, Malawi, Namibia, Russian Federation, Sweden, Denmark and Italy. The programme’s objectives are to: (i) conduct a rapid assessment to determine the extent of child trafficking; (ii) raise awareness on this issue; (iii) establish, train and strengthen community volunteer teams to quickly respond to cases of child trafficking; (iv) strengthen the capacities of community social workers, police victim support unit officers, the judiciary and immigration officers to effectively implement the activities; and (v) conduct direct actions to withdraw, rehabilitate and reintegrate child victims of trafficking.

The Committee consequently noted that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee reminded the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. Finally, the Committee requests the Government to provide information on the results achieved under the above ILO–IPEC programme with regard to the removal, rehabilitation and social integration of child victims of trafficking.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. The Committee noted the ITUC’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It adds that since the number of Zambians dying of HIV/AIDS has increased, the number of orphans has increased too and that nearly all of these children are working, particularly in hazardous work. According to UNDP, 16 per cent of the population aged 15 to 49 is living with HIV/AIDS.

The Committee also observed that Zambia participates together with Uganda in an ILO–IPEC pilot project entitled “Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa” (September 2004–December 2007). According to the project report (page v), Zambia counted 630,000 children orphaned by HIV/AIDS in 2003. The project aims at expanding and sustaining education and skills training opportunities for child orphans withdrawn from the worst forms of child labour and preventing 3,600 children from engaging in such activities. The project also aims at using its experiences to expand the knowledge base around the issues of child labour and HIV/AIDS, in order to generate appropriate policy responses and expand the resources available to eliminate the worst forms of child labour, and promote a reduction in HIV/AIDS-related risks for girls and boys. According to the above ILO–IPEC project, Zambia has taken positive steps to combat child labour and HIV/AIDS. Thus, the draft national AIDS policy addresses the difficult situation of children orphaned by HIV/AIDS, including some 6 per cent who are street children. Some organizations provide services, such as psychological counselling, skills training, educational assessment and placement, food, clothing and health care for orphaned and vulnerable children. Orphaned children are thus withdrawn from the street and are provided with educational assistance. The Committee nevertheless noted that the ILO–IPEC report indicates that “the implications of the pandemic for abusive child labour remains unremarked” (Annex 9, page 96).

Considering that the HIV/AIDS pandemic has serious consequences for orphans who are more exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the results achieved.

Article 8. International cooperation. The Committee noted that Zambia is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to provide information on any measures taken or envisaged to cooperate with countries to which Zambian children are trafficked.

Parts IV and V of the report form. The Committee requests the Government to provide a copy of available data on trafficking of children for labour and sexual exploitation, including inspection reports, and information on the extent and trends of this worst form of child labour, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a request directly to the Government concerning other points.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002. It requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, by virtue of sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004 (Employment of Young Persons and Children’s Act), it is prohibited to employ persons under 18 in "all forms of slavery and all practices similar to slavery such as debt bondage, serfdom, forced and compulsory labour". It also notes that, according to section 261 of the Penal Code, it is prohibited to "import, export, remove, buy, sell or dispose of a person as a slave, or accept, receive or detain a person against his/her will as a slave". Forced labour is also prohibited under section 263 of the Penal Code.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes that, sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, prohibits the forced or compulsory recruitment of persons under 18 years of age for use in armed conflicts. Section 5(1) of the National Service Act of 1971 as amended in 1994, provides that the appropriate authority may only enlist into the service male or female citizens aged 18 to 35 years.

Clause (b). The use, procuring or offering of a child for prostitution or for the production of pornography or for pornographic performances. The Committee notes that under sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, it is prohibited to "use, procure or offer a person under 18 years of age for prostitution, production of pornography or for pornographic performances".

Clause (c). 1. The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act prohibit the use, procuring or offering of a person under 18 years of age for "illicit activities, such as the production and trafficking of illegal drugs". It also notes that, by virtue of sections 2 and 50(1) of the Juveniles Act of 1956 as amended, it is prohibited to cause or procure a child under 16 years of age or, having the custody, charge or care of a child, allow the child to be in any streets, premises or places for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise). The Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 for begging.

Article 3, clause (d). Hazardous work. The Committee notes that, according to sections 2, 4(B)(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act, persons under 18 years of age shall not perform work that, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, according to the Government’s indication, a list of types of hazardous work is under preparation with the assistance of ILO/IPEC and shall be adopted by the end of 2005. It also notes that, by virtue of section 16 of the Factories Act of 1966, as amended in 1994, persons under the age of 18 years shall not be employed in work processes involving exposure to benzene or products containing benzene. Sections 2 and 8 of the Employment of Young Persons and Children’s Act, prohibit the employment of persons under 18 during the night. It nevertheless observes that, according to section 9 of the same Act, persons over 16 years of age may be employed at night time to perform work which, by reasons of the nature of the process, is required to be carried on continuously day and night. The derogation applies, for instance, to the manufacturing of iron and steel, glasswork, manufacturing of paper or raw sugar, and to gold mining reduction work.

The Committee further observes that, according to section 7(1) of the Act, "no person shall employ a young person under the age of 16 years in an industrial undertaking". According to sections 3 and 6 of the Act, "industrial undertakings" refer to: (i) mines, quarries and other similar places; (ii) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up, demolished, or in which material are transformed (including shipbuilding, and the generation, transformation and transmission of electricity or motive of power of any kind); (iii) construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, dock, tunnel, bridge, telephonic installation, electrical undertaking, gaswork, waterwork (etc.); (iv) transport of passengers or goods by road, rail or inland waterway, including the handling of goods at docks, quays, wharves and warehouses; and (v) cordwood cutting. The Committee also notes that, by virtue of section 17(B) of the Employment of Young Persons and Children’s Act, "notwithstanding anything in this Act, a young person shall not be employed in any type of employment or work which by its nature or the circumstances in which it is carried out constitutes a worst form of child labour".

Noting that children aged 16 and over may perform night work, underground work, work in an unhealthy environment or with dangerous machinery, the Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Noting that a list of types of hazardous work is under preparation and is likely to be adopted at the end of 2005, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide a copy of the list of types of hazardous work that, persons under 18, shall not be performed as soon as adopted. It also asks the Government to provide information on the consultations held with the organizations of employers and workers concerned in drawing up this list.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that the identification of the type of work which constitutes the worst forms of child labour was agreed upon during the tripartite labour law reform discussion. Indeed, the Committee notes that the Employment of Young Persons and Children’s Act was amended in 2004, so as to extend its scope of application to "any public or private undertaking, including commercial, agricultural or domestic worksite and undertakings in which only members of the same family are employed".

Article 5. Monitoring mechanisms. 1. Labour inspectors and police officers. The Committee notes that, according to section 73 of the Factories Act, an inspector, who believes that the employment of a young person under 18 years of age in a factory is prejudicial to the young person’s health, may terminate that employment. Section 18 of the Employment of Young Persons and Children’s Act provides that labour inspectors and police officers are entitled to: (i) enter, at any reasonable time, a premise of any industrial undertakings; (ii) examine relevant material; and (iii) exercise such other powers as may be necessary to implement this Act. Noting that Act No. 10 of 2004, which amends the Employment of Young Persons and Children’s Act of 1993, extends its scope of application to commercial, agricultural and domestic worksites, as well as to family undertakings, the Committee asks the Government to indicate if labour inspectors or police officers are entitled to enter such workplaces to ensure compliance with the Act. It also requests the Government to provide information on the activities of labour inspectors and police officers, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour. It further asks the Government to provide information on the mechanisms designated to monitor the implementation of the penal provisions giving effect to the Convention.

2. Mechanisms to monitor the implementation of programmes to eliminate the worst forms of child labour. The Committee takes note of the Government’s indication that new monitoring mechanisms have been developed following tripartite consultations; their suitability is being tested. It also notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 556-558), the Inter-Ministerial Committee on Child Labour and Technical Planning and Monitoring Groups are responsible for implementing the programmes concerning the economic exploitation of children. The Committee accordingly requests the Government to provide information on the concrete measures taken by the abovementioned bodies to monitor the implementation of the programmes on the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the ICFTU’s allegations that, in 2001, 85 per cent of the 550,000 child workers were involved in the worst forms of child labour. It also notes that Zambia is participating in a three-year ILO/IPEC programme entitled "Building the Foundations for Eliminating the Worst Forms of Child Labour in Anglophone Africa" which was launched in 2002. The programme aims at providing governments, workers’ and employers’ organizations, non-governmental organizations and other partners with the technical skills and organizational capacity to formulate and implement programmes to prevent the existence of the worst forms of child labour, as well as protecting, withdrawing, rehabilitating and reintegrating children who are engaged in the worst forms of child labour. With regard to Zambia, the ILO/IPEC report of 2002 identifies a commendable good practice, which is the sensitization and training of the police to identify children engaged in the worst forms of child labour and refer them to appropriate care giving institutions. The report further indicates that the Zambian Employers’ Federation has become a keen actor in promoting awareness amongst their members about the hazards and illegalities of exploitative child labour.

The Committee notes the Government’s indication that Zambia has not yet designed a national programme of action to eliminate as a priority the worst forms of child labour. However, funds have been secured from the treasury and ILO/IPEC to solicit the views of stakeholders on what should constitute a national programme of action. The Government adds that the programme shall be designed by the end of 2005. The Committee observes that consultations concerning this programme are on going. The Committee asks the Government to keep it informed of any progress made in the adoption of the national programme of action.

Article 7, paragraph 1. Penalties. The Committee notes that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to one million penalty units or five to 25 years’ imprisonment or both for breach of the provisions prohibiting the employment of persons under 18 years of age in the worst forms of child labour as defined in the Convention.

The Committee nevertheless notes that concerning the use, procuring or offering of a child under 18 for prostitution, the Employment of Young Persons and Children’s Act and the Penal Code, provide for different penalties. Indeed, sections 3 and 17(B) of the Employment of Young Persons and Children’s Act, provide that whoever uses, procures or offers a person under 18 years of age for prostitution is liable to a fine of 200,000 to one million penalty units or to five to 25 years’ imprisonment or both. Sections 38, 140, 144, 146, 147 and 149 of the Penal Code provide that a person who uses, procures or offers a girl or a woman for prostitution is liable to a maximum of two years’ imprisonment or a fine, or both. The Committee accordingly asks the Government to take the necessary measures to harmonize its legislation with regard to the penalties applicable to girls and boys under 18 years of age who are used, procured or offered for prostitution.

Article 7, paragraph 2. Time-bound measures. The Committee notes the Government’s indication that, although the ILO/IPEC has been assisting various stakeholders, their programmes are not lasting long enough to have a serious impact considering the magnitude of the problem in the country. The Government adds that Zambia needs a Time-Bound Programme (TBP) in order to effectively combat the worst forms of child labour. The Committee encourages the Government to collaborate with the ILO/IPEC in order to establish a TBP.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Access to education. The Committee notes that education is not compulsory in Zambia. However, once a child is enrolled, attendance is compulsory by virtue of sections 5(1) and 6(1) of the School (Compulsory Attendance) Regulations of 1970, as amended in 1994. It also takes note of the ICFTU’s indication that 25 per cent of primary aged children do not receive any schooling and that, in 1999, less than 20 per cent of children reached secondary school. The UNICEF "Multiple Indicator Cluster Survey Report" (1999, page 17) indicates that only 62 per cent of children of primary school age were attending primary school in 1999. The Committee further observes that the Committee on the Rights of the Child (CRC/C/15/Add.206, 2 July 2003, paragraph 56), expressed its concern at the absence of free and compulsory education in Zambia, the decreasing budget allocation to education, the high drop-out and repeat rates, the poor quality of education and the lack of trained teachers, schools and relevant learning material. The Committee nevertheless notes the Government’s indication that primary education is now free and the capacity of community schools have been increased. The Government adds that teachers will be better trained in order to improve the quality of education. The Committee encourages the Government to pursue its efforts and to make primary education compulsory. It also asks the Government to provide information on the results achieved.

2. Commercial sexual exploitation. The Committee notes the ICFTU’s allegations that child prostitution is prevalent in the country. It also notes that the Committee on the Rights of the Child, in its Concluding Observation (CRC/C/15/Add.206, 2 July 2003, paragraph 64) expressed its concern at the "large and increasing number of child victims of commercial sexual exploitation, including for prostitution and pornography, especially among girls, child orphans and other disadvantaged children" and at the "insufficient programmes for the physical and psychological recovery and social reintegration of child victims of sexual exploitation". The Committee nevertheless notes that Zambia participated in the ILO Programme entitled "Combating child sexual exploitation in Four Anglophone African countries: Kenya, Tanzania, Uganda and Zambia" (2001-02). The country is also participating in a one-year ILO/IPEC action programme (2004-05) to combat child trafficking and the commercial sexual exploitation of children in Kapiri Mposhi, Chirundu, Lusaka and Livingstone. The Programme’s objectives are: (i) to raise awareness on the commercial sexual exploitation of children in Zambia; (ii) to establish, train and strengthen community volunteer teams to quickly respond to cases of commercial sexual exploitation of children; (iii) strengthening the capacities of community social workers, the police victim support unit officers, the judiciary, immigration officers to effectively implement the activities; and (iv) to conduct direct actions to withdraw, rehabilitate and reintegrate child victims of commercial sexual exploitation. The Committee asks the Government to provide information on the impact of the ILO/IPEC action programme (2004-05) on eliminating child sexual exploitation in Zambia, and on the adoption of any new time-bound and effective measures to combat the commercial sexual exploitation of children under 18.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that, according to the ILO/IPEC report concerning the national programme on the elimination of child labour in Zambia of June 2004, an ILO/IPEC programme which ended in October 2003 resulted in the withdrawal of 1,646 children who were found working in the worst forms of child labour on the streets, in domestic work, in prostitution and in quarries and mines. These children were provided with rehabilitation measures and educational opportunities and their parents with income-generating opportunities. Another ILO/IPEC sectoral programme, which ended in 2004, contributed to the withdrawal and rehabilitation of 1,200 children who previously performed hazardous work in commercial agriculture.

Concerning child domestic workers, the Committee notes that a two-year ILO/IPEC programme entitled "Combating the exploitation of child domestic workers" was launched in 2002 to protect children from exploitative domestic labour, withdraw and rehabilitate those working under exploitative conditions. The programme resulted in the withdrawal of 290 girls and 220 boys from exploitative domestic work most of them received education. Zambia is also participating in a two-year ILO/IPEC programme entitled "preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa", which was launched in May 2004. The programme aims at sensitizing education policy-makers, educators and school administrators, teachers, local artisans, local communities, the media and employers’ and workers’ organizations about child domestic labour and the importance of quality education as a means to prevent and eradicate it. The programme’s objectives for Zambia and Uganda are: (i) to withdraw 400 girls and 150 boys under 18 from exploitative domestic work and assist their parents through income-generation training; and (ii) to continue to support 2,100 girls and 790 boys who were withdrawn from exploitative work and placed in school. The Committee asks the Government to provide information on the impact of the ILO/IPEC programme entitled "Preventing and eliminating exploitative child domestic work through education and training in sub-Saharan and Francophone Africa" on withdrawing children from the worst forms of child labour and ensuring their rehabilitation.

Clause (c ). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes that, according to the ILO/IPEC report concerning the national programme on the elimination of child labour in Zambia (June 2004), the Ministry of Sport, Youth and Child Development plans to withdraw and rehabilitate 1,000 street children and place them in Zambia National Service Camps where they will be provided with alternatives such as education and skills training.

Clause (e). Special situation of girls. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, paragraphs 354-355) that the National policy on education gives high priority to the education of girls. The Ministry of Education has launched a Programme for the Advancement of Girls’ Education (PAGE) which aims at increasing enrolment, progression and quality of education by sensitizing the community and parents, creating single-sex classes for girls and improving teaching methodology. The Committee requests the Government to provide information on the results achieved.

Article 7, paragraph 3. Competent authority responsible for the implementation of the measures giving effect to the Convention. The Committee notes the Government’s indication that the child labour unit which was established within the Ministry of Labour and Social Security is responsible for implementing the provisions giving effect to the Convention.

Article 8. 1. International cooperation. The Committee notes that Zambia ratified the Convention on the Rights of the Child in 1991.

2. Poverty eradication programme. The Committee notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/C/11/Add.25, 19 November 2002, page 12, paragraph 8), 85 per cent of the population live on less than US$1 per day. It also notes that Zambia qualified, in 2000, for the Heavily Indebted Poor Countries Initiative run by the IMF and the World Bank, which is a comprehensive approach to debt reduction for heavily indebted poor countries pursuing IMF and World Bank-supported adjustment and reform programmes. The Government has also adopted a Poverty Reduction Strategy Paper (PRSP), which focuses on poverty and HIV/AIDS reduction strategies, employment creation, agriculture promotion, tourism, education for all, and health care. It further notes the Government’s indication that the issue of child labour is addressed in the PRSP. The Committee accordingly asks the Government to provide information on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that no decision of courts of law are available concerning the application of the legal provisions giving effect to the Convention. It asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and the penalties imposed. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issue of trafficking of children can be examined more specifically under Convention No. 182. The Committee requests the Government to supply further information on the following points.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the allegations of the ICFTU, according to which there were reports of trafficking of children to neighbouring countries for the purpose of forced prostitution. The ICFTU also indicated that combatants from neighbouring Angola kidnap Zambian children and bring them to Angola to perform various forms of forced labour.

The Committee notes that sections 2, 4B(1) and 17(B)(1) of the Employment of Young Persons and Children’s Act of 1933, as amended by Act No. 10 of 2004, prohibits the sale and trafficking of children and young persons under 18 years of age. The trafficking of persons for sexual exploitation is also prohibited under section 257 of the Penal Code. Section 261 of the Penal Code further provides that "any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave" commits an offence. The Committee also notes that sections 4(B) and 17(B) of the Employment of Young Persons and Children’s Act, as amended in 2004, provide for a fine of 200,000 to 1 million penalty units and five to 25 years’ imprisonment for breach of the provisions prohibiting the sale and trafficking of children.

The Committee also notes that ILO/IPEC launched, in March 2004, a one-year action programme to combat child trafficking and commercial sexual exploitation of children in four towns in Zambia, namely Kapiri Mposhi, Chirundu, Lusaka and Livingstone. According to the ILO/IPEC action programme, there are reports of children being trafficked from the United Republic of Tanzania to Zambia, and from Zambia to Angola, the Democratic Republic of the Congo, Namibia and Zimbabwe. The Committee further observes that, according to an ILO/IPEC study conducted in 2002, there were reports of internal child trafficking, especially in the central province, for the purpose of employing children in farms. Teenagers are also reported to be trafficked to South Africa, Germany, Finland, France, Greece, Malawi, Namibia, Russian Federation, Sweden, Denmark and Italy. The programme’s objectives are to: (i) conduct a rapid assessment to determine the extent of child trafficking; (ii) raise awareness on this issue; (iii) establish, train and strengthen community volunteer teams to quickly respond to cases of child trafficking; (iv) strengthen the capacities of community social workers, police victim support unit officers, the judiciary and immigration officers to effectively implement the activities; and (v) conduct direct actions to withdraw, rehabilitate and reintegrate child victims of trafficking.

The Committee consequently notes that, although the trafficking of children for labour or sexual exploitation is prohibited by law, it remains an issue of concern in practice. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly invites the Government to redouble its efforts to improve the situation and to take, without delay, the necessary measures to eliminate the internal and cross-border trafficking of children under 18 for labour and sexual exploitation. It also asks the Government to take the necessary measures to ensure that persons who traffic in children for labour or sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are imposed. Finally, the Committee requests the Government to provide information on the results achieved under the above ILO/IPEC programme with regard to the removal, rehabilitation and social integration of child victims of trafficking.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. The Committee notes the ICFTU’s indication that the number of street children in the capital Lusaka nearly tripled over the 1990s. It adds that since the number of Zambians dying of HIV/AIDS has increased, the number of orphans has increased too and that nearly all of these children are working, particularly in hazardous work. According to UNDP, 16 per cent of the population aged 15 to 49 is living with HIV/AIDS.

The Committee also observes that Zambia participates together with Uganda in an ILO/IPEC pilot project entitled "Combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa" (September 2004-December 2007). According to the project report (page v), Zambia counted 630,000 children orphaned by HIV/AIDS in 2003. The project aims at expanding and sustaining education and skills training opportunities for child orphans withdrawn from the worst forms of child labour and preventing 3,600 children from engaging in such activities. The project also aims at using its experiences to expand the knowledge base around the issues of child labour and HIV/AIDS, in order to generate appropriate policy responses and expand the resources available to eliminate the worst forms of child labour, and promote a reduction in HIV/AIDS-related risks for girls and boys. According to the above ILO/IPEC project, Zambia has taken positive steps to combat child labour and HIV/AIDS. Thus, the draft national AIDS policy addresses the difficult situation of children orphaned by HIV/AIDS, including some 6 per cent who are street children. Some organizations provide services, such as psychological counselling, skills training, educational assessment and placement, food, clothing and health care for orphaned and vulnerable children. Orphaned children are thus withdrawn from the street and are provided with educational assistance. The Committee nevertheless notes that the ILO/IPEC report indicates that "the implications of the pandemic for abusive child labour remains unremarked" (Annex 9, page 96).

Considering that the HIV/AIDS pandemic has serious consequences for orphans who are more exposed to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to combat HIV/AIDS-induced child labour and to provide information on the results achieved.

Article 8. International cooperation. The Committee notes that Zambia is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to provide information on any measures taken or envisaged to cooperate with countries to which Zambian children are trafficked.

Parts IV and V of the report form. The Committee requests the Government to provide a copy of available data on trafficking of children for labour and sexual exploitation, including inspection reports, and information on the extent and trends of this worst form of child labour, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

The Committee is also addressing a request directly to the Government concerning other detailed points.