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

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

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.