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

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

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 1 of the Convention. The Committee had noted that, in the framework of a child policy formulated by the Government, a national programme of action for children has been developed through preventive and protective measures. The Committee had also noted that a national steering committee on child labour and a child unit in the Ministry of Labour had been established. It would be grateful if the Government would provide information on the functioning and the action of these special units. The Committee had further noted that mechanisms such as the inter-ministerial committee on child labour were established in order to ensure effective implementation of programmes on economic exploitation and child labour. The Committee once again requests the Government to supply information on measures relevant to the effective abolition of child labour.

Article 2, paragraph 1. Scope of application. The Committee had noted that section 12 of the Employment Act (Chapter 512) fixes a minimum age of 15 years for admission to contractual employment. It also notes that section 7(1) of the Employment of Women, Young Persons and Children’s Act (Chapter 505) of 1967 authorizes the employment of persons under 16 years of age in an undertaking where only members of the same family are employed. The Committee notes with interest that the draft amendments to  the Act on the Employment of Women, Young Persons and Children extends its scope of application to undertakings in which members of the family are employed and to domestic workers. The Committee recalls that the Convention shall apply to all kinds of work or employment regardless of the existence of a contractual relationship. The Committee hopes that the amendments to the national legislation will be adopted soon so as to ensure that employees working in family undertakings, domestic workers and self-employed workers benefit from the protection laid down in the Convention. It requests the Government to keep it informed of any progress made in this regard.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had observed that basic education is not compulsory in Zambia, but once a child is enrolled, attendance at school is compulsory. The Committee also notes the Government’s statement to the Committee on the Rights of the Child, on 22 May 2003, that primary education is neither free nor compulsory. The Committee reminds the Government that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the minimum age of completion of compulsory schooling. It further recalls the importance of linking the age of admission to employment or work to the age limit for compulsory education, where it exists. If the two ages do not coincide various problems may arise; if schooling ends before young persons may work legally, there may be an enforced period of idleness. In such cases there is a need for the school-leaving age to be raised to the minimum age generally accepted for employment (General Survey by the Committee of Experts on the Application of the Conventions and Recommendations, Minimum Age, ILC, 67th Session, 1981, paragraph 140). The Committee again requests the Government to provide information on the situation of children who are not enrolled in school and therefore who are not obliged to attend school, and to indicate what measures are taken or envisaged to ensure that these children are not admitted to employment or work in any occupation below 15 years of age, which is the minimum age specified by the Government.

Article 3, paragraph 2. Determination of hazardous work. The Committee had recalled that the Government had indicated, in its previous report, that the regulations determining the types of employment or work likely to jeopardize the health, safety or morals of young persons, to be issued pursuant to section 17A, subsection 2, of Act No. 14/1989, amending the Employment of Women, Young Persons and Children’s Act (Chapter 505) of 1967, had not yet been adopted. The Committee notes that the Ministry of Labour and Social Security has reviewed the Employment of Women, Young Persons and Children’s Act (Chapter 505) of 1967. The Committee observes that the draft amendments do not contain a list of work that is likely to jeopardize the health, safety and morals of children. It appears from the draft that the Minister shall determine such a list after consultation with the organizations of workers and employers in conformity with Article 3, paragraph 2, of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that a list of hazardous work is adopted without delay.

Article 7. Light work. The Committee had noted that the Government was reviewing its legislation, especially the Employment of Women, Young Persons and Children’s Act (Chapter 505) of 1967, and the Employment Act, with the technical assistance of the ILO. The Committee had noted that according to section 7(1)(b) of the Employment of Women, Young Persons and Children’s Act (Chapter 505) of 1967, a person may employ a young person under 16 years of age in an industrial undertaking if the young person is in possession of a certificate signed by a labour officer authorizing such employment. It had also noted that section 12(3) of the Employment Act permits the employment, during school holidays, of children under 15 years of age attending school on a full-time basis, and those who have not been able to obtain admittance to school and whose enrolment has been cancelled by the school authorities or, for good cause, by a parent. In either case, a child shall be employed only if the terms, conditions and nature of his/her employment are approved by the Minister. The Committee further notes that the draft amendments to the Employment of Young Persons and Children’s Act (Chapter 505) of 1967 provides for the admission of children aged 13 to 15 years to light work and for a definition of light work. The Committee recalls that, by virtue of Article 7, paragraph 1, of the Convention, children aged 13 to 15 may be engaged in light work which is not: (a) likely to be harmful to their health and development; and (b) such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken by children of 13 years and above. The Committee hopes that the draft amendments will take full account of its detailed comments on discrepancies between national legislation and the Convention and will be adopted soon.

Part V of the report form. The Committee again asks the Government to provide information on the application in practice of the Convention including, for instance, statistical data on the employment of children and young persons, extracts from the reports of inspection services in the Ministry of Labour and Social Security, information on the number and nature of contraventions reported.