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

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

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.