Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Zimbabwe (Ratification: 2000)

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 observed that Zimbabwean legislation only covered cross-border trafficking for the purpose of sexual exploitation. However, the Committee noted that Zimbabwean children were trafficked internally, and were trafficked to other states for both forced agricultural labour and domestic servitude, in addition to sexual exploitation. The Committee also noted the statement of the Zimbabwe Congress of Trade Unions (ZCTU) regarding the existence of trafficking of children to other countries in the region, such as Botswana and South Africa. In this regard, the Committee noted that according to the 2009 UNODC Global Report on Trafficking in Persons, no prosecutions or convictions were recorded for trafficking in persons during the recent years, due to the absence of a specific provision on human trafficking.

The Committee notes the Government’s statement that it is fully committed to preventing and combating trafficking, should the phenomenon be present in the country. The Government indicates that it will embark on an exercise to determine the extent of the phenomenon in the country. The Committee also notes the Government’s statement that it is in the process of discussing comprehensive legislation to deal with human trafficking in all its facets, including the trafficking of children. However, the Committee observes that the Government has referred to similar forthcoming legislation since 2005. Moreover, the Committee notes the information on the website for the Zimbabwean Parliament that, as of 31 August 2011, legislation concerning trafficking had not yet been introduced in Parliament. Recalling that Article 1 of the Convention requires member States to take immediate measures to prohibit the worst forms of child labour as a matter of urgency, the Committee expresses its concern that comprehensive legislation has yet to be adopted to prohibit the internal trafficking of persons under 18, or their trafficking for the purpose of labour exploitation. Accordingly, the Committee once again urges the Government to take the necessary measures to ensure that legislation prohibiting the sale and trafficking of children (including internal trafficking) for both labour and sexual exploitation is adopted in the very near future. It requests the Government to provide information on progress made in this regard, and to provide a copy of the relevant legislation, once adopted.

Article 4(3). Periodic examination of the list of hazardous work. The Committee previously noted the Government’s indication that a revision of the list of types of hazardous work was being contemplated under the Project on the Elimination of the Worst Forms of Child Labour in Zimbabwe (WFCL Project).

The Committee notes the Government’s statement that the revision of the list of types of hazardous work has not yet been undertaken, and that this is envisaged to take place under phase II of the WFCL Project. Observing that the Government has been referring to the imminent revision of the list of types of hazardous work since 2003, the Committee urges the Government to strengthen its efforts to ensure the appropriate examination and revision of the list of types of hazardous work prohibited for persons under 18, in consultation with the organizations of employers and workers concerned.

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. The Committee previously noted that Zimbabwe faced a decline in its net enrolment and completion rates of primary education, due to ongoing socio-economic challenges. The Committee also noted the ZCTU’s contention that school drop-outs are a common phenomenon in Zimbabwe. In this regard, the Committee noted that the Government had introduced the Basic Education Assistance Module (BEAM) in 2001, with the primary objective of reducing the number of drop-outs and of reaching those who had never been to school due to economic hardship. According to information from UNICEF, the BEAM was revitalized in 2009 and had supported over 550,000 children in 5,400 primary schools. Nonetheless, the Committee noted the information in the ILO–IPEC Rapid Assessment Survey on the worst forms of child labour in Zimbabwe (Rapid Assessment Survey), conducted in September 2008, that 70 per cent of the children surveyed had dropped out or never attended school.

The Committee notes the Government’s statement that it is taking steps towards the attainment of universal primary education. The Government indicates that it envisages several measures in this regard, including reintroducing free primary education, providing school lunches, improving the quality of education and ensuring a predictable and adequate state budget for education. The Government also indicates that it has waived tuition fees for children enrolled in rural schools, and that only levies are charged for these children. The Government indicates that such levies for needy children are paid for by the BEAM. However, the Committee also notes that, according to the UNESCO Education for All Global Monitoring Report of 2011, there remain 224,000 out-of-school children between the ages of 6 and 12. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts, including through the BEAM, to ensure access to free basic education to all children in Zimbabwe. The Committee requests the Government to provide information on concrete measures taken in this regard, particularly with respect to addressing the financial barriers to education, with a view to increasing school attendance rates and reducing drop-out rates.

Clause (d). Identify and reach out to children at special risk. 1. Orphans of HIV/AIDS and other vulnerable children. The Committee previously noted that many children in Zimbabwe are orphaned due to HIV/AIDS and that most of these children find themselves involved in the worst forms of child labour. In this regard, the Committee noted the ZCTU’s allegation that the HIV/AIDS pandemic has contributed to the phenomenon of child poverty and child labour, as the number of child-headed families increased. The Committee also noted that the Government had launched the Orphans and other Vulnerable Children National Action Plan (OVC NAP) in 2004, which seeks to ensure that these children have access to education, food, health services, and that they are protected from abuse and exploitation.

The Committee notes the Government’s statement that it has made significant efforts over the years to curb the spread of HIV/AIDS and to provide anti retroviral therapy for those infected. The Committee notes that Zimbabwe has developed a National Orphan Care Policy, which provides a package of basic care and protection for orphans. The Government further indicates that it has continued to register a gradual decline in HIV prevalence, dropping nearly 10 per cent between 2001 and 2009. The Committee also notes the information in the Government’s report to the UN General Assembly as a follow-up to the Declaration of Commitment on HIV/AIDS of April 2010 that approximately 21 per cent of households with OVCs received basic external support in 2009. This report indicates that more than 800,000 OVCs were provided with food or nutritional assistance support in 2009, while 219,874 OVCs were provided with school-related assistance.

Taking due note of the measures taken to provide assistance to orphans and other vulnerable children, the Committee notes the Government’s indication that HIV/AIDS remains a leading cause of the worst forms of child labour in the country. In this regard, the Committee notes the information from the Multiple Indicator Monitoring Survey Preliminary Report of August 2009 that one in four children in the country are orphaned by HIV/AIDS. The Committee therefore requests the Government to pursue and strengthen its efforts, within the framework of the OVC NAP, to protect children orphaned by HIV/AIDS and other vulnerable children from the worst forms of child labour. It requests the Government to continue to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.

2. Street children. The Committee previously noted that, according to official estimates, there were approximately 5,000 street children in Harare, the majority of whom were boys between the ages of 14 and 18. It also noted that the number of street children had increased in recent years. Moreover, the Committee noted the information from the Rapid Assessment Survey revealing that 63 per cent of the street children surveyed were orphans, and the average age that these children began living on the streets was 10 years. The Rapid Assessment Survey indicated that begging was the source of livelihood for 45 per cent of these children.

The Committee notes the Government’s indication that, among other programmes for OVCs, it has put in place the street children fund which provides for the needs of more than 12,000 children living or working in the streets. The Government indicates that this programme supports the reintegration of street children with their families to ensure that this process is smooth and sustainable. The Government indicates that 7,253 children (6,959 boys and 1,203 girls) have been reunited in a family environment since 2007. The Committee urges the Government to pursue its efforts to protect children under 18 years living and working on the streets from the worst forms of child labour. It requests the Government to continue to provide information on the results achieved in this regard, within the framework of the programme for OVCs and the street children fund.

3. Children engaged in mining activities. The Committee previously noted the ZCTU’s statement that one of the worst forms of child labour most common in Zimbabwe is work in the mining sector, where children scavenge for minerals to survive. The Committee also noted the information in the Rapid Assessment Survey that 11.6 per cent of the children surveyed were engaged in mining work and that children were mostly self-employed boys between the ages of 15 and 17 (though most had started below the age of 14). The Rapid Assessment Survey further indicated that 67 per cent of children working in this sector use chemicals (including mercury, cyanide and explosives), and approximately 24 per cent of these children work for more than nine hours a day. The Committee expressed its serious concern at the situation of children working in hazardous conditions in mines, and requested the Government to take measures, within the framework of phase II of the WFCL Project, to protect children working in mines in hazardous conditions.

The Committee notes the Government’s statement that phase II of the WFCL Project has yet to be implemented, and notes that the Government provides no information on other measures taken to reach out to children engaged in hazardous work in mines. The Committee therefore urges the Government to take immediate and effective measures to prevent children from engaging in hazardous mining activities, and to remove and provide rehabilitative services to those children currently engaged in this worst form of child labour. It once again requests the Government to provide information on effective and time-bound measures taken in this regard and the results achieved.

Article 5 and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. The Committee previously noted the ZCTU’s contention that land invasions had caused the displacement of farm workers and their families, causing children to engage in illicit activities, including prostitution. The ZCTU further indicated that the relevant enforcement mechanisms need to be enhanced, and that there is a strong need to address the underlying causes of the worst forms of child labour, particularly poverty and to provide a comprehensive social system. The Committee also noted that the Rapid Assessment Survey indicated that of the children interviewed, 18 per cent were engaged in prostitution and 23 per cent were engaged in illicit activities. The Rapid Assessment Survey also indicated that poverty was the major push factor for the worst forms of child labour and that children engaged in these activities because there were no immediately viable alternatives through which to support themselves or their households. The Survey concluded that, while many of the legal provisions on the worst forms of child labour are sufficiently up to date, this legislation lacked enforcement.

The Committee notes the Government’s statement, in response to the ZCTU’s allegations, that the land reform exercise is not the cause of children engaging in the worst forms of child labour. The Government indicates that the leading causes are poverty and the negative effects of the HIV/AIDS pandemic. The Committee also notes the Government’s statement that efforts are being made to strengthen labour inspections so as to identify and deal with incidents of child labour. The Government indicates that it will take measures to ensure that the provisions giving effect to the Convention are adequately enforced. Regarding the phase II of the WFCL Project, the Government indicates that the tripartite partners have concluded work on the Project, but that it has faced serious challenges with respect to resource mobilization. The Government indicates that it remains committed to eliminating the worst forms of child labour through various child protection strategies which are already in place, and that it plans to set aside resources within the 2012–13 national budget to start key initiatives within the phase II of the WFCL Project.

The Committee once again expresses its concern at reports of the weak enforcement of provisions giving effect to the Convention. The Committee urges the Government to strengthen its efforts to combat the worst forms of child labour, including through strengthened enforcement of the relevant legislative provisions and measures to address the roots causes of this phenomenon. The Committee also requests the Government to take the necessary measures, including through the allocation of resources, to ensure the implementation of phase II of the WFCL Project. The Committee requests the Government to provide information on the measures taken, and the results achieved.

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