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

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

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Government to provide information on the measures taken for the rehabilitation and social integration of the children withdrawn from trafficking.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.