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

Individual Case (CAS) - Discussion: 2017, Publication: 106th ILC session (2017)



A Government representative stated that Zambia was pleased to engage in dialogue on the application of this Convention. With respect to the age of completion of compulsory education, he indicated that consultations were ongoing to revise the Education Act of 2011 which would define the basic school going age and link it with the minimum age for employment in Zambia. The Committee of Experts would be duly notified once the consultations and the revision of the Act were concluded. Concerning the determination of hazardous work, it was stated that Statutory Instrument No. 121 of 2013 on the prohibition of employment of young persons and children (hazardous labour) prohibited the employment of children and young persons under the age of 18 years in hazardous work. Section 3(2) of the Statutory Instrument contained a list of the 31 types of hazardous work prohibited to children and young persons. A National Child Labour Steering Committee – comprising government ministries, employers, trade unions and the civil society – had been created to oversee child labour activities, as well as the implementation of the Statutory Instrument and other relevant legislation. Monitoring of compliance with the Statutory Instrument had started and had been devolved to the District Child Labour Committees. Work was also being done to develop methods of gathering data on the number and nature of violations reported and penalties imposed. Given the fact that in certain geographical areas, traditional leaders were the voice of authority in their communities; they were also engaged in the implementation of national child labour activities. The ILO was requested to provide ongoing technical assistance and capacity building to facilitate the activities of the District Child Labour Committees to reduce child labour and to strengthen the capacity of the labour inspectorate to monitor child labour, especially in the informal economy, thus furthering the efforts made to fulfil the obligations under the Convention. In conclusion, the speaker specified the measures taken or anticipated in relation to the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), including: adoption of a comprehensive legal and institutional framework to address challenges related to the fight against the worst forms of child labour; the creation of a specialized unit of the National Prosecution Authority to deal with gender-based violence, the prosecution of all cases of sale and trafficking of children and the provision of professional guidance to law enforcement agencies to ensure thorough investigations; the physical presence of the National Prosecution Authority in all provincial centres to ensure timely and effective prosecution of all crimes; an increase in the budgetary allocation to Public Order and Safety from 3.5 per cent in 2016 to 3.6 per cent; and the development of a database providing statistical information on the number of infringements reported, investigations and prosecutions undertaken and penal sanctions applied for offences related to the trafficking of children under the age of 18 years.

The Worker members underscored the particular resonance of examining a case that involved an instrument designed to regulate child labour on World Day against Child Labour. Eliminating child labour had been one of the Organization’s main concerns since its creation, and it must remain in a position to combat the economic exploitation of children robustly at all times. The Convention obliged States that had ratified it to specify a minimum age for admission to employment or work, which must not be less than the age of completion of compulsory schooling and, in any case, must not be less than 15 years. Compulsory schooling was one of the best ways to fight child labour, but Zambia’s legislation did not specify the age at which compulsory schooling ended. The Government’s indication that a review of relevant legislation was under way was a positive step. However, legislation currently in force already gave the competent minister the option of adopting regulations to specify the age for compulsory schooling. That option, if it had been taken up, could have avoided the protracted process of reviewing the education law and policy and ensured earlier conformity with the Convention. The Government should therefore bring its legislation into line with Convention as soon as possible so that it could then guarantee that, in practice, all children could remain in education up to the age of 15. To that end, the Government should be encouraged to continue its reform of education policy and to implement it urgently. If that was not done in short order, there would be a high risk of children finding themselves in the world of work before their time. It was to be noted, in that regard, that the Committee of Experts had been raising the matter of legislative conformity since 2002 and that this Committee had also considered the issue in 2008. The Government had promised to rectify the situation swiftly on several occasions but progress had yet to be seen. It was therefore high time for the Government to implement its reforms, and that with all haste. Concerning the obligation to draw up, in agreement with workers’ and employers’ organizations, a list of hazardous work prohibited to children under the age of 18, the Worker members welcomed the adoption of Statutory Instrument No. 121 in 2013. As the Committee of Experts had underscored, it was now necessary for the Government to provide information on the application of that instrument in practice. In that respect, the initial information supplied by the Government representative should be welcomed and the Government should be encouraged to continue mobilizing all the resources necessary to identify and punish breaches of legislation and collect relevant data. It should also be recalled, in that connection, that labour inspection had a vital role to play in combating child labour, identifying breaches and punishing those responsible. The Government had said it was strengthening the labour inspection services, but, in practice, its efforts seemed insufficient, to judge by the figure of 1,215,301 children in child labour mentioned by the Committee of Experts. According to other sources, in 2013 the number of children engaged in child labour had stood at 992,722, compared with 825,246 in 2005. The various data showed an increase in child labour, and it was unlikely that the Government had been able to radically reduce the colossal number of children in child labour since 2012. It would therefore be useful to have up-to-date statistics. It was consequently urgent and essential for the Government to take strong measures to drastically bolster all the initiatives it had already taken to support the labour inspection services so that they could address the phenomenon of child labour in the informal economy. The Worker members concluded by emphasizing that the Government could no longer delay in taking the necessary steps to bring its legislation and practice into line with the Convention. It must dramatically increase its efforts and sustain them in the long term.

The Employer members emphasized that the eradication of child labour was an obligation under international law, based on a fundamental moral duty of the Organization’s three constituents. Child labour was a phenomenon linked to historical, economic and cultural factors, spanning more than the single issue of employment. Its eradication required the involvement of all sectors in society, and the Organization’s Members should support and encourage the numerous efforts made by Zambia in that respect. The case could be considered a case in progress. The Government intended to revise the Act on education to specify ages for the beginning and completion of compulsory schooling. It was hoped that this revision would ensure that the legislation was in line with the Convention. Furthermore, the Government had adopted Statutory Instrument No. 121, which set out a list of 31 types of hazardous work prohibited to children and young persons under 18. Lastly, with regard to labour inspection, a certain number of provinces had adopted programmes to actively combat child labour, based largely on raising awareness among parents, farmers and employers of the issue of child labour and hazardous work. Through these programmes, over 5,000 children had been removed from work and integrated in schools. In addition, over 11,000 teachers had received training. Due note should also be taken of the establishment of the Inter-ministerial National Steering Committee on Child Labour; the increase in the number of public servants hired in the districts to strengthen labour inspection; and inspections carried out by labour inspectors confirming that hazardous child labour existed in the small-scale mining, agriculture, domestic work and trading sectors, generally in the informal economy. In conclusion, the Employer members considered that the Convention was not a mere statement of ideals. It was a realistic and flexible instrument that all countries could ratify and apply in the interest of children’s health and with a view to effective economic development to the benefit of all the Organization’s constituents.

The Worker member of Zambia shared the concerns raised by the Committee of Experts, while at the same time acknowledging the progress made by the Government. The challenge of child labour and child trafficking was mainly rooted in poverty, which affected 60 per cent of the population in Zambia. In addition, the informal economy was currently estimated at around 84 per cent, but was probably as high as 89 per cent. Poverty was mainly a rural area-steeped phenomenon in Zambia; for that reason the Committee of Experts had reported a high incidence of child labour in rural areas. The speaker shared the Committee of Experts’ view that the dangers faced by children who were not protected from early entry into the labour market were real and becoming increasingly serious, but certainly not insurmountable. Children of less than 18 years of age worked on farms, plantations and in mines with serious exposure to the hazards of chemicals, pesticides and other dangers. Such hazards threatened their health and proper and full physical and psychological development. Consequently, Zambian workers were strongly opposed to child labour and were active in working with the ILO and the social partners on programmes to raise awareness of child labour, especially in rural areas. The speaker urged the Government to focus on the policy of free primary education since education was the key to addressing the challenge of child labour. The Government needed to increase education spending. It was important to establish a comprehensive school system which should provide a clear transition from school to work to ensure that children were at school and not at home or in informal employment. Social welfare programmes including school feeding programmes should be expanded and learning materials should be provided to public schools. Such measures would also help to reduce absenteeism and drop-out rates. The speaker also urged the Government to ensure that teachers were well motivated, supported and mobilized in the fight against child labour. He further shared the concern raised in the report of the Committee of Experts regarding the absence of a clear definition of a “basic school going age” in Zambian legislation. Such legislation should also provide for clear definitions of the terms “child”, “young person” and “age for national registration”. Finally, policy harmonization at the national level was essential to ensure that different state departments dealing with child welfare, including the bodies in charge of health and education, worked together to address the concerns regarding child labour.

The Government member of Swaziland, speaking on behalf of the member States of the Southern Africa Development Community (SADC), acknowledged the efforts of the Government of Zambia to fully comply with the Convention. She encouraged meaningful and constructive social dialogue among all partners involved in ensuring full compliance with the Convention. In an effort to maximize compliance with ILO instruments, including through the alignment of national legislation with relevant labour standards, the SADC member States requested the ILO to continue providing technical assistance as part of efforts towards the socio-economic development of Zambia. SADC member States were dedicated to promoting international labour standards through subregional means of enforcement, including regional protocols and policies, such as the SADC Employment and Labour Sector Protocol, the SADC Decent Work Agenda and the Regional Indicative Strategic Development Plan. Those regional protocols and policies obliged SADC member States to provide updates on efforts made to comply with international labour Conventions both in law and in practice, and on how they were translated into national decent work strategic initiatives and policies. In conclusion, the speaker expressed the hope that Zambia would be given the opportunity and space, as well as technical assistance, to finalize its consideration of the comments of the Committee of Experts regarding full compliance with the Convention.

The Worker member of Zimbabwe expressed concern about the state of child labour in Zambia, as observed by the Committee of Experts. A number of initiatives had been taken by the Government and development partners, including technical assistance to remedy the problem of child labour; however such initiatives had shown little success. The speaker was particularly concerned that in spite of Zambia’s impressive performance in economic growth, its human development indicators were disappointing, as observed by the United Nations Development Programme in its 2015 country report. Although Zambia was among the top five performers in business competitiveness within the SADC, it was one of the five worst performers on human development indicators, with stubbornly high levels of poverty, in spite of GDP growth. Inequality in Zambia was also high: the richest 20 per cent of households accounted for 60 per cent of the total expenditure, while the poorest 80 per cent accounted for the remaining 40 per cent, according to UN figures. While poor households had to spend 66 per cent of their income on food, those better off were spending only 34 per cent. Regarding education, the UN had observed that the primary school drop-out rate was 47 per cent, a figure implying a bleak future for many of Zambia’s children. Children who were not attending school had to make a living by any means and thus became entrenched in child labour. Furthermore, the denial of children’s rights to accessible and affordable education created a cycle of poverty, which needed to be broken by increasing the chances for good physical, mental, cultural and social development of children so as to enable them to effectively participate in nation-building efforts when they attained adulthood. While the international community had long recognized that child labour was a danger to the well-being, preservation and prosperity of societies and humanity, countries in the region were still grappling with that issue. In light of the above, the speaker demanded that the Government take immediate and concrete steps to eliminate child labour and, in its quest for economic development, strive to provide decent work and income to workers and their families to enable them to send their children to school. The Government of Zambia needed to strengthen its political will, in line with the investments in social development made by their forefathers.

The Government member of Switzerland, recalling the ongoing process to revise the Education Act, encouraged the Government to clearly fix the age for compulsory schooling, in line with the requirements of the Convention. She welcomed the creation of the Inter-ministerial National Steering Child Labour Committee and hoped that the number of children in work would decrease rapidly. Other protection measures needed to be taken, in particular in the fight against the trafficking of children. Those responsible for such acts must be prosecuted. Taking note of the increase in the numbers of labour inspectors, she encouraged the Government to develop an implementation strategy to protect children working in the informal economy.

The Worker member of Nigeria, speaking on behalf of the Organization of Trade Unions of West Africa (OTUWA), recalled the Committee of Experts’ comments that despite the efforts made by the Government to tackle child labour, the results had not been satisfactory. Children being at work rather than at school was common in West Africa which undermined their right to full and supportive development. In that regard, he urged the Government to continue to include stakeholders – trade unions, employers, parents and civil society organizations – in the fight against child labour. It was essential to remove children from workplaces and put them into schools and programmes which supported learning and promoted school attendance which would be helpful to that effect. The Government should also be urged to provide for an adequate legal framework prohibiting child labour, backed up by a strong enforcement system. It was therefore essential to strengthen the labour inspectorate and to ensure the application of sanctions to the perpetrators. The speaker finally pointed out that child labour was widespread in the global supply chain and urged the Government to work with the Zambian employers’ association to pursue and ensure due diligence in their supply chains. This was especially challenging in the informal economy. Therefore, it was crucial for the Government to develop and implement programmes that would support the transition from the informal to the formal economy.

The Government member of Zimbabwe supported the statements of the Government representative and of the Government member of Swaziland. The Southern African region had intensified the fight against child labour through the development and implementation of the SADC Code on Child Labour. The efforts made by Zambia in fighting child labour, namely its commitment to revise the Education Act, the establishment of the Inter-ministerial National Child Labour Steering Committee, which also included civil society stakeholders, and the involvement of traditional leaders at the community level in the fight against child labour were commendable. While consultations were still ongoing with respect to the revision of the Education Act, tripartite partners in Zambia were encouraged to continue the dialogue in order to accelerate the process. The speaker requested the continued technical assistance of the Office to the Government in order to develop a national database for monitoring child labour. Strengthening collaboration at the country level through the involvement of tripartite constituents would be instrumental to the elimination of child labour in Zambia.

The Government representative thanked all participants in the discussion and took note of the observations made by the various stakeholders. He noted that, according to the Committee of Experts, insufficient progress had been made but assured this Committee that the Government would do its best to look into the highlighted matters, especially the need to provide more information on the efforts taken to eliminate child labour and ensure consultation and cooperation with stakeholders on any measures taken.

The Employer members underlined the fact that, despite the efforts made to combat child labour worldwide, especially on the legislative front, many children were still engaged in child labour, often in difficult conditions and particularly in the informal economy. Progress to tackle the complex issue had been too slow, and it should be recalled that it was the collective responsibility of the ILO’s constituents to guarantee that, in the twenty-first century, fundamental social rights were respected in all member States. In that regard, the Employer members welcomed the efforts made and the multiple initiatives developed by the Government of Zambia to eradicate child labour. However, permanent preventive and remedial measures remained necessary, and the Government must pursue its efforts and in particular: take all the necessary measures to adopt, in the near future, a revised version of the Education Act defining the age at which compulsory primary schooling began and fixing the age of completion of compulsory schooling at 15 years, so as to bring it into line with the minimum age for admission to employment or work; provide information on the application of Statutory Instrument No. 121 in practice, including statistics on the number and type of violations reported and the penalties imposed; ensure that, in practice, no child under the age of 15 years was engaged in child labour; provide free compulsory education for all children, taking into account the particular needs of girls and other vulnerable children; step up the activities of District Child Labour Committees while boosting the capacity and broadening the scope of labour inspection, especially in the informal economy. The Government should continue to provide information on the measures taken in these various areas and the results obtained.

The Worker members recalled that the eradication of child labour, to which the Convention contributed, was one of the ILO’s most important objectives. It was therefore necessary to give special attention to the issue, and to expect firm and unwavering commitment from the Government in working towards achieving eradication in the near future. While recognizing that certain headway had been made, the Worker members noted with great surprise and concern that the Employer members considered the case to be one of progress, and yet almost 1 million underage children were working in the country, which had a population of 15 million. To abolish child labour in the short term, the Government should bring its legislation into conformity with the Convention by fixing the age of completion of compulsory schooling at 15 years. To that end, a regulation issued by the competent minister would make it possible to avoid waiting until the legislative review of the Education Act had been completed. It was advisable to pursue education policy reform to ensure that all children had access to compulsory schooling until the age of 15 years. Regarding the legislative reform under way, particular attention should be paid to child labour in the small-scale mining, agriculture, domestic work and trading sectors, generally in the informal economy. The Government was encouraged to provide further information on the practical application of Statutory Instrument No. 121, including statistics on the number and nature of the violations reported and the penalties imposed. It should also provide the labour inspectorate with all of the necessary human and material resources and the legal and functional authority to effectively combat this serious issue. The Government should also maintain up-to-date statistics on child labour and forward them to the Committee of Experts, thereby allowing for an accurate and objective overview of how the situation was progressing. Lastly, the Worker members invited the Government to avail itself of ILO technical assistance in order to implement all of these recommendations.

Conclusions

The Committee took note of the oral statements made by the Government representative and the discussion that followed.

While taking into account the legislative evolution of this case, the Committee underlined the need for the Government to continue its efforts to combat the high incidence of child labour and to pursue an education policy that is in line with the minimum accepted age for admission to employment according to Convention No. 138, which is 15 years of age for Zambia.

The Committee noted with concern that the national legislation does not define the school-going age and the age of completion of compulsory education.

Taking into account the discussion, the Committee called upon the Government of Zambia to:

- strengthen its efforts to ensure the elimination of child labour both in the formal and informal sectors of the economy, including under hazardous conditions;

- take the necessary measures to ensure that the amended Education Act sets the age of completion of compulsory education at 15 years of age, and is effectively implemented in practice, without delay;

- provide detailed information on the implementation of Statutory Instrument No. 121 of 2013 on the prohibition of employment of young persons and children (hazardous labour) in practice, including statistics on the number and nature of violations reported and penalties imposed;

- strengthen the capacity of the district child labour committees and the labour inspectorate, in particular in relation to small-scale mining, agriculture, domestic work, and the informal economy;

- monitor and pay special attention to the special needs of girls and other vulnerable persons.

The Committee requested the Government to avail itself of ILO technical assistance to ensure the full and effective application of this fundamental Convention, including the adoption of a time-bound action plan to address the issues raised during the discussion, and to report on the measures taken to the Committee of Experts for examination at its next session in 2017.

Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

A Government representative reported that there had been a remarkable decline in the number of out-of-school children. In 2006, the country recorded an average of only 11.2 per cent of out-of-school children between the ages of 7 and 18 according to the 2006 Education Statistical Bulletins. In 2007, Bulletins revealed that the number of schools offering grades 1 to 7 increased from 4,021 in 2006 to 4,269 in 2007, whilst the ones offering grades 1 to 9 increased from 2,221 to 2,498 during the same period. Similarly the gross enrolment ratio for grades 1 to 9 had increased steadily from 2003 to 2007. These improvements were attributed to the sustained government policy of encouraging private providers of education registered with the Ministry of Education since 2007 and the increase in the various forms of educational institutions that had been set up from kindergarten to private skills training colleges and universities. The Government had also taken other positive measures such as the introduction of free education and allowing the readmission of pregnant teenage girls into schools after giving birth. In addition, the Government had adopted a policy to upgrade primary schools into basic schools in order to ensure that children had access to basic education up to grade 9.

The Government reaffirmed its commitment to combating child labour despite many difficulties such as the rampant nature of the problem in the informal sector. Zambia, like many other developing countries, was confronted with the challenges of growth and development coupled with rapid expansion of the informal economy as an alternative source of livelihood for the majority of the poor. Despite these challenges, the Government had taken a number of measures in collaboration with IPEC and progress was being made in reducing the high incidence of child labour in the most predominant informal economic activities such as agriculture and quarrying.

In 2001, the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182) in order to bolster compliance with Convention No. 138. A multidimensional approach to combat child labour had been adopted, giving specific attention to the informal economy. In this regard, concerted efforts were being made by the Ministries of Labour and Social Security, Community Development and Social Services, Education, Youth Sport and Child Development, and Home Affairs under the ILO supported Time-bound Programme. Under the auspices of the Ministry of Labour and Social Security, a National Steering Committee had been formed and District Child Labour Committees were being used to facilitate the creation of Community Child Labour Committees to set a stage for grass-roots intervention. The composition of these committees was based on the nature, magnitude and complexity of the child labour scourge in a particular locality.

The Government also worked with IPEC to prevent children orphaned as a result of HIV/AIDS being induced into child labour. This project, together with the Timebound Programme, had led to significant increases in the number of children withdrawn, and prevented from child labour through the provision of educational services or training opportunities. Between September 2007 and March 2008, a total of 1,407 children were prevented from engaging in child labour whilst 1,091 were withdrawn and rehabilitated.

The Government had put into place an Inter-Ministerial Committee on Human Trafficking in order to provide specialized intervention on human trafficking through its relevant law enforcement agencies. Active investigation of criminal elements involved in child trafficking was strengthened. Cabinet passed an Anti-Trafficking Bill which was now before Parliament and the National Policy on Human Trafficking was in its final drafting stage.

Finally, the Government recognized that the problem of child labour required more attention given to the level of development of the country. The Government recognized the benefits of the support provided by the ILO. The Capacity Building Project had improved the capacity of the Government, employers, workers, local non-governmental organizations (NGOs) and the affected communities to tackle child labour issues. The Commercial Agriculture Sector in Africa Project had also helped to reduce child labour. The Government would welcome further ILO assistance in combating child labour.

The Worker members welcomed the information provided by the Government representative. Noting the "triangular paradigm" of the Global March against Child Labour (education, child labour elimination and decent work), they recalled that the report of the Committee of Experts considered four key elements: the need for free and compulsory basic education up to the minimum age for entry into employment; the fight against the prevalence of child labour in agriculture and the informal economy; the need for accurate statistics; and the effectiveness of programmes supported by IPEC. The Government of Zambia's appearance before the Committee had in no way detracted from the efforts it was making, in collaboration with IPEC, to meet its obligations. But the report demonstrated the need for greater efforts to bring law and practice into conformity with the Convention. Zambia did not yet have a system of free, compulsory, formal, public education and, thus, would not be able to succeed in eliminating child labour. Primary education had been declared free, but despite some bursaries for vulnerable children, hidden costs such as school uniforms and school books acted as barriers to the attendance of children from poor families who were most likely to become child labourers. Although the state education budget had increased, leading to recruitment of much needed new teachers, it still trailed behind regional benchmarks. Despite substantial donor funding, there was an acute need for more class rooms and equipment.

In its 2006 education policy paper, the Zambia Union of Teachers (ZNUT) drew attention to gender disparities in enrolment levels as well as completion rates which needed to be addressed. In spite of government policies aimed at increasing enrolment levels for the girl child, completion rates showed that girls were more severely affected than boys. ZNUT had acknowledged the central role that the Government played in the establishment of comprehensive and relevant education and wished to work together with the Government on the betterment of the educational system. The Worker members hoped the Government would accept this offer.

In March 2007, the Cabinet Office had requested the Ministry of Labour and Social Security to adjust the National Child Labour Policy to include better coordination with the Ministry of Youth Sport and Child Development, responsible for the overall national child policy. Subsequently, a draft Child Labour Policy had been resubmitted to the Cabinet Office. In the struggle against child labour, understaffing and lack of provision in schools as well as in enforcement agencies also played a pivotal role. Zambia's education system was described by the World Bank as a "low-cost, low-quality system". The system comprised nine years of basic education followed by three years of secondary education. At the end of primary education, only about one third of the pupils were able to be absorbed by the secondary public school system. Those who could neither enter the public school system nor afford the private one were not catered for.

The annual output of Zambia's teacher training colleges was 8,000. However, the Government recruited only 4,000 new teachers in the public school system, so as not to increase government expenditure on public sector wages. Therefore, the bottleneck was not teacher training capacity but rather the financial means available to employ newly qualified teachers. The tragedy was that, according to Ministry statistics for 2006, there had been 3,347 unqualified teachers teaching in Zambian schools, and at the same time about 6,000 trained teachers unemployed.

This situation was mainly due to World Bank and International Monetary Fund (IMF) conditionalities imposed contrary to policy coherence. The Global Campaign for Education had corroborated that vacancies had not been filled because, according to the IMF, the Government could not afford to hire the teachers it had trained. The ZNUT confirmed that the critical shortage of teaching staff was mostly due to unattractive low salaries, unfavourable working conditions of service and unpredictable deployment policy dictated by conditionalities from the World Bank and the IMF, which capped the percentage of public sector wages permitted.

Positively, the Worker members noted that the Ministry of Education had started recruiting more teachers, albeit too slowly. The abolition of school fees in Zambia had caused a sharp increase in primary enrolment of both girls and boys. Total enrolment had increased too, the number of out-of-school children had fallen from 760,000 to 228,000 between 1999 and 2005. However, disadvantaged children were still two to three times less likely to be in school than other children.

Furthermore, data collection and enforcement remained inadequate, and the figures provided in the Committee of Experts' report required clarification. There had been no survey since 1999 when half a million children were working, and not just in the informal economy (including domestic service) but also in large-scale farming. The Worker members looked forward to the completion of the National Labour Force Survey and would have welcomed more information about the sectoral and geographical incidence of child labour and action in those sectors. The Labour Inspectorate should be strengthened and the Government should also refer to the recommendations of the regional tripartite meeting of experts held in Harare in 2001 on the role of labour inspection in combating child labour.

In the last six months, Zambia had recorded progress in the education, health, mining and human rights. The joint annual review of the Ministry of Education had confirmed an increased budget setting out the following objectives: to increase pupil enrolment and expand the provision of bursaries to orphans and vulnerable children (especially girls) by end of 2008; and to improve the quality of education by means of constructing 1,500 classrooms, recruiting 5,000 more teachers, retaining teachers in rural areas while continuously replacing those who leave, and increasing the number of teachers receiving in-service training.

Negotiations between the Government and the mining companies were under way, which would hopefully result in increased government revenues to fund social and other investments.

The Worker members expressed the hope that, during the country's constitutional review, the interests and rights of children, including the right to education and to be free of child labour, would be clearly spelt out in line with international standards, especially Conventions Nos 138 and 182. A coherent national programme of action against child labour was required, reflecting the complementarities between the two Conventions. Labour inspection had to be child-friendly and significantly strengthened.

In conclusion, Zambia was demonstrating political will but was moving too slowly. While the Government needed to be clear about its obligations and pursue them with vigour, the international community had to support its efforts. The Worker members hoped that the Government's next report to the Committee of Experts would indicate significant further progress towards full compliance with the Convention.

The Employer members underlined that, according to 1999 data from IPEC, in Zambia, 11.3 per cent of boys and 10.3 per cent of girls between 5 and 14 years of age were actively involved in some working activity. Seven per cent of these children were reported not to go to school.

Regarding compulsory education, according to the Committee of Experts, some progress had been achieved. At present, primary education was free and there was a commitment to extend free education until the 12th degree. Moreover, a basic programme of investment in the education sector was being implemented. However, the Government did not provide information allowing the evaluation of progress achieved, particularly with regard to school drop-out rates, especially in rural areas where the higher number of cases of child labour was detected.

The Employer members recognized the difficulties faced by Zambia regarding the economic situation, as well as the need for cooperation in order to further develop and eradicate poverty, which was a key element in combating child labour. However, they also emphasized that the improvement of the education system should be a priority. Zambia recently experienced an important economic evolution producing a 5-6 per cent GNP growth. An improvement in the political situation was also registered. In the framework of a global strategy to combat child labour, the Employer members stressed the importance of taking advantage of these improvements in order to further strengthen compulsory education. In this regard, they urged the Government to redouble its efforts to obtain and provide statistical data on the number of children not attending school, as well as on school attendance and drop-out rates. They also urged the Government to provide information on the measures taken, including through international cooperation, to extend compulsory education at least until the 12th degree.

The Employer members observed that the IPEC programme, by identifying and preventing some cases of child labour, had achieved important results. The major problem consisted in the high percentage of children working in the informal economy, especially in the agricultural sector, where the highest rates of child labour were reported (around 90 per cent of the total child labour in the country).

In Zambia, as in other African countries, the problem of child labour was aggravated by the plight of HIV/AIDS. According to data from the ILO/IPEC, in Zambia, which had a population of 11.8 million people, more than 630,000 children were orphans. A high rate of these children lost their parents due to HIV/AIDS.

Finally, the Employer members appreciated the Government's initiative regarding the creation of District Child Labour Committees which would possibly solve existing problems in an effective way.

The Worker member of Zambia stated that the country had faced a period of economic decline between 1970 and 1990. Subsequently, a programme for economic revival had been implemented. On the basis of World Bank and IMF advice, public enterprises had been privatized, resulting in massive job losses. Parents who had lost their jobs could no longer afford schooling for their children. The Government also had to freeze the public wage bill which made it impossible to hire additional teachers. This raised issues of policy coherence. Child labour reduction through increased educational opportunities was not possible if, at the same time, World Bank and IMF policies did not allow for sufficient level of public expenditure to hire the required number of teachers. For the same reason, it was difficult to put in place labour inspectors who could monitor compliance with child labour legislation. The workers of Zambia therefore called on the World Bank and the IMF to ensure that their conditionalities supported and did not hinder the application of the Convention.

The Government member of Zimbabwe commended the Government of Zambia for its efforts in addressing the child labour problem in its society and economy. Zambia was one of few sub-Saharan African countries which had taken bold steps to reduce child labour in the context of the increasing poverty in Africa. Very few countries were able to carry out a child labour survey such as the one undertaken by Zambia. Also the programmes for the removal of children from child labour and placing them in schools were exemplary. The Committee should salute the Government of Zambia for its deliberate decision to deal with and eradicate child labour.

The Government representative of Zambia reiterated that child labour was a problem of development and its elimination required policy coherence. The country had been experiencing a favourable economic trend since 2002, but changes could only be achieved over time. A first National Labour Force Survey had been undertaken in 2005 and another one, which also includes a module on child labour, was ongoing. The Government was benefiting from ILO support to ensure that data was established on the basis of sound methodology, and it was committed to making further improvements in this regard. Following technical assistance received from the ILO concerning labour inspection in 2003, the inspection form now specifically addressed child labour. The Government was open to receiving comments and suggestions from trade unions and was looking forward to further social dialogue on the elimination of child labour. The economic regime for mining companies which had been mentioned in the discussion had already been put in place.

The Worker members welcomed the Committee's fruitful discussions on the application of the Convention by Zambia. They particularly noted the Government's readiness to engage in social dialogue on child labour issues, as well as the additional information provided concerning labour inspection and the tax regime for mining companies. With many challenges ahead, including with regard to the informal economy, Zambia should continue to rely on innovative approaches.

The Employer members emphasized the ethical duty of the international community to express its solidarity and offer help to States having the greatest difficulty in taking effective measures to combat child labour. Special efforts were needed to address alarming situations such as the existence of a high proportion of orphans owing to their parents' death from HIV/AIDS. These efforts had to be supported by international cooperation and be given the utmost priority at the national level.

The Employer members appreciated the Government's efforts to implement programmes, design projects and come up with initiatives intended to eradicate generalized poverty. The Government had taken adequate measures in the area of education and to improve the statistical data, in particular through actions undertaken at the district level.

The Employer members agreed with the Worker members as to the importance of the educational system in combating child labour. The Government should be urged to continue to dialogue intensively with the Committee of Experts so it could continue to follow closely the progress being made.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted that the report of the Committee of Experts referred to comments from the International Trade Union Confederation relating to the absence of compulsory schooling for children as well as the large number of children under the minimum age who worked in the informal economy.

The Committee noted the detailed information provided by the Government outlining laws and policies in place to provide free primary education as well as action programmes that had already been undertaken in collaboration with ILO-IPEC to remove children from situations of child labour. The Committee also noted that the Government of Zambia had expressed its willingness to continue its efforts in cooperation with the social partners to eradicate child labour with the technical assistance and cooperation of the ILO.

The Committee welcomed the Government's commitment to implement the Convention through various measures, including through the provision of inclusive education and appropriate training opportunities, the construction of additional classrooms, the recruitment of additional qualified teachers in rural areas and the establishment of District Child Labour Committees. Considering that free, compulsory education was one of the most effective means of combating and preventing child labour, the Committee urged the Government to ensure that legislation fixing the age of completion of compulsory schooling would be adopted shortly. In this regard it reminded the Government that it was desirable for the age of completion of compulsory schooling to correspond to the minimum age of 15 to employment or work specified by Zambia when it ratified the Convention. It strongly encouraged the Government to continue its efforts to provide free, compulsory education for all children. In addition, the Committee noted the challenge presented by the HIV/AIDS pandemic, especially with regard to orphaned children and children of HIV-positive parents. It also drew attention to the particular needs of girls, and of other vulnerable children.

The Committee further noted that a number of measures were being taken by the Government to address the situation of many children under the minimum age who increasingly worked in the informal economy, often in hazardous work. The Committee recognized the importance of policy coherence and encouraged international cooperation in order to promote poverty eradication, sustainable and equitable development and the elimination of child labour. It nevertheless strongly encouraged the Government to improve the situation, notably by taking the necessary measures to fur- ther strengthen the capacity of the labour inspectorate and to promote the work of District Child Labour Committees.

The Committee also invited the Government to provide comprehensive information in its report when it is next due, on the manner in which the Convention was applied in practice, including in particular enhanced statistical data on the number of children working in the informal economy, their ages, gender, sectors of activity, extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied. The Committee encouraged the Office to continue to provide technical assistance to the Government and the social partners to encourage their efforts.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes that the preliminary 2018 Zambia Child Labour Survey Report (ZCLSR), conducted by the Zambia Statistical Agency (ZSA) shows a widespread child labour situation in Zambia – especially in the rural and agricultural sectors. The ZSA estimated that 955,301 children were in child labour, 97.7 per cent of whom were in the 5–11 age group. The study further indicates that 67 per cent of these children were in rural areas (636,366), while the other 33 per cent were in urban areas (318,935). In terms of gender distribution, girls represented 56.9 per cent of the children in child labour. Out of the total estimated number of children in child labour, about 96 per cent (919,520) were in unpaid work (fetching water or firewood, washing, cleaning, etc.). The ZSA further reported that 26,063 children were in hazardous work, and that the agriculture, forestry and fishing sub-sectors that dominate the rural economy account for 58 per cent of children in hazardous work. The other industries with some sizable number of children in hazardous work include construction (11 per cent), other services (10 per cent), households as employers (10 per cent), and manufacturing (8 per cent). The Committee further notes, from the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that the Government has revised the National Action Plan for the Elimination of the Worst Forms of Child Labour 2010–15 (NAP-I) and adopted and is now implementing the NAP 2020–25 (NAP-II). According to the document of the NAP-II, despite important strides, the prevalence of child labour in Zambia remains high in the rural and peri-urban areas due to high levels of poverty, and this situation has been worsened with the advent of the COVID-19 pandemic.

In this regard, as indicated in the document of the NAP-II, and in contrast with the NAP-I, the new NAP adopts a pragmatic approach to progressively eliminate widespread child labour. The NAP II uses practical cost-effective steps to strengthen cooperation and coordination among relevant child rights protection stakeholders and focus on reigniting an integrated policy response to child labour. The Government and other child labour partner institutions will adopt a coordinated multi-stakeholder approach to implement child labour relevant policies, programmes and interventions towards a rights-based strategic framework centered on the following NAP-II priority strategies: (1) strengthening inclusive and equitable human development and scaling-up access to education, health and other poverty-reducing services; (2) strengthening social protection systems; (3) promoting decent work opportunities for adults and youth; (4) strengthening child protection through institutional coordination; (5) strengthening and harmonizing the legislative framework; and (6) improving child labour awareness.

While noting the measures taken by the government, the Committee must express its concern over the significant number of children involved in child labour, including in hazardous work. The Committee requests the Government to provide information on the root causes of the increase in child labour in the country, and encourages the Government to pursue its efforts to ensure the progressive elimination of child labour by children under the minimum age for employment or work, as well as for all children engaged in hazardous work. In this regard, it requests that the Government provide detailed information on the implementation of the NAP II, and on the results achieved. It also requests the Government to continue to supply information on the application of the Convention in practice, particularly updated statistics, disaggregated by age and sector of activity, on the situation of children engaged in child labour in the country.

Article 2(3). Age of completion of compulsory schooling. The Committee notes with regret that, despite the Committee’s raising of this issue since 2011 and the conclusions of the Conference Committee on the Application of Standards in 2017, the Education Act of 2011 has not yet been amended to provide for an age of completion of compulsory schooling of 15 years, in line with Article 2(3) of the Convention. The Committee recalls that, while section 17 of the Education Act of 2011 provides that parents shall enrol their child who has attained the school-going age at an educational institution and ensure the child’s attendance, it neither defines the school-going age nor indicates the age of completion of compulsory schooling.

The Committee observes that, in its report, the Government once again states that progress on the process of revising the Education Act has been stalled, because the revision came at a time when the Ministry of Education began reviewing its National Education Policy. The Government indicates that the revision of the Act will only be finalized after Cabinet approval is granted for the revised National Education Policy. The Committee once again strongly urges the Government to take the necessary measures to ensure that the age of completion of compulsory education for all children is set at 15 years, thereby linking it to the minimum age for admission to employment or work. It once again requests the Government to provide information on any progress made in this regard.

Article 7(3). Determination of light work. Following its previous comments, the Committee observes with regret that the types of light work permitted to children between the ages of 13 and 15, pursuant to sections 80 and/or 137(n) of the Employment Code Act No. 3 of 2019 and to the Statutory Instrument No. 121 of 2013 on the Prohibition of Employment of Young Persons and Children (Hazardous Labour) Order (S.I. No. 121 of 2013), have yet to be determined by statutory instrument. The Committee urges the Government to take the necessary measures to ensure, by statutory regulation, the determination of light work activities permitted to children of 13 to 15 years of age, in application of the Employment Code No. 3 of 2019.

Labour inspection. Following its previous comments, the Committee notes the Government’s information that it has established the Monitoring and Evaluation (M&E) Unit in the Ministry of Labour and Social Security (MoLSS) with the mandate to monitor child labour interventions in the country. Moreover, the Government indicates that it is intensifying labour inspections, including child labour inspections in the informal economy. In this regard, the Committee takes note of the information communicated by the Government in its report under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), according to which it is taking measures to adequately resource the Labour Inspectorate, including by employing 46 new Labour Inspectors, bringing the total number to 176, and by providing funds to support field stations which go towards labour inspections. The Committee further notes that, in the framework of the NAP-II, one of the priority objectives is to ensure the more effective application of legislative frameworks to fight child labour, and that this includes the integration of child labour inspections in routine labour inspections to strengthen child labour detection and regulatory enforcement actions. The Committee requests the Government to continue to take the necessary measures to strengthen the capacities and expand the activities of the labour inspectorate, including in the framework of the NAP-II, to enable it to monitor child labour in all sectors, particularly in the informal economy. It requests the Government to continue to provide specific information on the results achieved by the Labour Inspectorate in this regard, particularly the number of children in child labour it has been able to identify, the number and nature of violations detected, and the penalties imposed. Finally, it requests the Government to provide information on the activities of the M&E Unit of the MoLSS.

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the Education Act of 2011 neither defined the school-going age nor indicated the age of completion of compulsory schooling. It also noted that according to section 34 of the Education Act of 2011, the Minister may, by statutory instrument, make regulations to provide for the basic school-going age and age for compulsory attendance at educational institutions. The Committee noted the Government representative’s indication to the Conference Committee in 2017, that consultations were ongoing to revise the Education Act of 2011 which would define the basic school-going age and link it with the minimum age for employment in Zambia. It also noted that the Conference Committee recommended the Government to take the necessary measures to ensure that the amended Education Act sets the age of completion of compulsory education at 15 years of age, and that it is effectively implemented in practice, without delay. In this regard, the Committee noted the Government’s statement that the official entry age for grade 1 in Zambia is 7 years and by the time of completion of grade 7, children are 14 or 15 years old. The Government further indicated that education is not compulsory, but once a child is enrolled in a school, it is the duty of every parent or guardian to ensure the child’s regular attendance according to section 6(1) of the School (Compulsory Attendance) Regulations Statutory Instrument (SI) No. 118 of 1970. The Committee further noted the Government’s reference to the various measures taken to improve access to basic education and which resulted in significant progress in the area of education. However, it noted the Government’s statement that despite 15 years of concerted action, access to education remained a huge challenge for children in Zambia and that the proposed revision of the Education Act had been delayed due to some technical challenges. The Committee strongly urged the Government to take the necessary steps to ensure free and compulsory education for all children up to the minimum age of 15 years and to set the age of completion of compulsory education at 15 years during the revision of the Education Act.

The Committee notes the Government’s information in its report that it continues to pursue programmes and policies concerning compulsory schooling and access to education. However, the Committee notes with regret that there is no information in the Government’s report with regard to the revision of the Education Act which proposes to set the age of completion of compulsory education at 15. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly urges the Government to take the necessary steps to ensure free and compulsory education for all children up to 15 years which is the minimum age of 15 years for admission to employment or work, including by legally setting 15 years as the age of completion of compulsory education during the revision of the Education Act. It requests the Government to provide information on any progress made in this regard.

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that the SI No. 121 of 2013 defines “light work” which is permitted to children aged between 13 and 15 years as per section 4A(2) of the Employment of Young Persons and Children (Amendment) (EYPC Act of 2004) as work which is not likely: (a) to be harmful to the health or development of a child or young person; and (b) to prejudice the attendance at school, participation on vocational orientation, or a training programme approved by the competent authority, of a child or young person. It also noted that section 2 of the SI restricts the performance of light work activities to less than three hours per day. The Committee noted, however, that the United Nations Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that children aged 13 to 15 years undertook work which is reportedly not light work and that it interfered with their education (CRC/C/ZMB/CO/2–4, paragraph 57). It requested the Government take the necessary measures to ensure that children of 13 to 15 years of age do not participate in work other than light work and to indicate whether the light work activities have been determined pursuant to section 4A(2) of the EYPC Act of 2004 as required under Article 7(3) of the Convention.

The Committee notes the Government’s information that light work activities have not been determined. However, child labour clubs in schools accompanied by sensitization programmes in the communities has endeavoured to ensure that light work activities are identified. The Committee notes that the Government adopted the Employment Code Act No. 3 of 2019, which repeals Employment of Young Persons and Children Act. It notes that according to section 80 of Act No. 3 of 2019, light work means work that the Minister may, by statutory instrument, prescribe to be light work. Further, section 137(n) states that the Minister may, by statutory instrument, make regulations prescribing the ages at which children (under 15 years) and young persons may be employed in particular trades or occupations. The Committee requests the Government to indicate the measures taken or envisaged to determine light work activities permitted to children of 13 to 15 years of age pursuant to sections 80 and 137(n) of the Employment Code No. 3 of 2019. It also requests the Government to intensify its efforts to ensure that children of 13 to 15 years of age do not participate in work other than light work which does not interfere with their education.

Labour inspectorate. The Committee previously noted that the inspections carried out by the labour inspectors identified the existence of hazardous child labour in small-scale mining, agriculture, domestic work, and trading sectors, generally in the informal economy. It also noted the various measures, including sensitization and awareness raising measures on child labour as well as training on monitoring and identification of child labour taken by the District Child Labour Committees (DCLCs); the measures undertaken within the framework of the Achieving Reduction of Child Labour in support of Education programme (ARISE) and the results achieved; as well as the measures taken by the Government to boost the labour inspectorate to enhance the enforcement of child labour laws. The Committee, however, noted that the DCLCs’ activities were restricted to limited districts due to lack of financial resources and that the National Steering Committee (NSC), which monitors and develops policies on child labour and coordinates the activities and programmes to eliminate child labour, including the activities of the DCLCs, did not cover informal sectors where child labour is more prevalent. The Committee requested the Government to continue its efforts to prevent children under the age of 15 years from engaging in child labour as well as to take the necessary measures to strengthen and expand the activities of the DCLCs to all the provinces and to strengthen the capacities of the labour inspectorate to enable it to monitor child labour in all sectors, including the informal economy.

The Committee notes the Government’s information that the DCLCs are working with other stakeholders to sensitize, monitor and identify victims of child labour while the NSC monitors the prevalence of child labour based on the reports submitted by the DCLCs and other social partners. Regarding the activities undertaken by the DCLCs, the Government indicates that in the Western Province Koama and Nkeyema the DCLC: (i) conducted a radio programme on child labour on the World Day Against Child Labour; (ii) undertook an integrated Area-based Approach in its fight against child labour; (iii) sensitized over 2000 households through Social Cash Transfer Programmes and linked over 516 vulnerable households to this programme; and (iv) withdrew 48 children from child labour from different communities and linked them to the Social Welfare for Education support. Moreover, in Chipata, Eastern Province, the DCLC: (i) conducted 12 radio programmes in which information affecting children were shared by various DCLC stakeholders; (ii) distributed brochures, and copies of the list of hazardous types of work prohibited to children as well as copies of the Employment of Young Persons Act to 12 communities where child labour activities are carried out; and (iii) carried out child labour sensitization activities in schools and market places. Furthermore, the DCLC along with the NSC conducted 38 child labour inspections in tobacco farm blocks. Noting that most of the children who were working on the farms came from communities without schools and vulnerable communities, the DCLC recommended that they benefit from the social cash transfer programmes. The Committee strongly encourages the Government to continue to take the necessary measures to strengthen and expand the activities of the DCLCs and the NSC as well as to strengthen the capacities of the labour inspectorate to enable them to monitor child labour in all sectors, including the informal economy. It requests the Government to continue to provide specific information on the measures taken in this regard, as well as on the results achieved. Finally, the Committee requests the Government to provide updated statistical data on the employment of children and young persons, together with extracts from labour inspection reports.

Application of the Convention in practice. The Committee notes the Government’s information that Making Schools the Place to be, an initiative under the ARISE programme has helped reduce school absenteeism, stimulate higher levels of education and prevent child labour. Under this initiative, seven primary schools are implementing the Sustainable School Meals Programme and 142 community members are involved in this programme; 525 children received school supplies and uniforms; and 30 schools received learning materials. Moreover, 3,293 vulnerable households benefited through the Improved Household Income initiative under the ARISE programme. The Committee further notes the Government’s information that the Labour Force Survey of 2018 contains data on child labour. However, the Committee notes that in the survey, the labour force statistics are classified by age starting from 15 years and older and do not particularly cover child labour.

The Committee further notes that the document on the Zambia–United Nations Sustainable Development Partnership Framework (2016–21) refers to the prevalence of widespread child labour in Zambia, with an estimated 1.3 million children, aged 5–14 years, involved in child labour and an estimated 1.4 million working children aged 5–17 years involved in hazardous forms of work. In this regard, the Committee notes the Government’s statement in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the practical difficulties encountered in the application of the Convention mainly hinges on cultural beliefs and practices that have continued to hamper the fight against child labour. Moreover, inadequate staff and resources also pose certain operational challenges in the fight against child labour. While noting the measures taken by the Government, the Committee must express its concern at the significant number of children who are involved in child labour, including in hazardous work. The Committee therefore urges the Government to intensify its efforts to ensure that children under the age of 15 years are not engaged in child labour in Zambia. The Committee also requests the Government to provide information on the application in practice of the provisions giving effect to the Convention, in particular the SI No. 121 of 2013 and the Employment Code No. 3 of 2019, including statistics on the number and nature of violations reported and penalties imposed.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3(2) of the Convention. Determination of hazardous work. In its previous comments, the Committee noted the adoption of the Statutory Instrument No. 121 of 2013 which prohibits the employment of children and young persons under the age of 18 years in hazardous work and which contains a list of 31 types of hazardous work prohibited to children and young persons (section 3(2)). It requested the Government to provide information on the application in practice of this Statutory Instrument, including statics on the number and nature of violations reported and penalties imposed.

The Committee notes the Government representative’s indication to the Conference Committee that monitoring of compliance with the Statutory Instrument had started and had been devolved to the District Child Labour Committees and that work was ongoing to develop methods of gathering data on the number and nature of violations reported and penalties imposed. The Government representative also indicated that a National Child Labour Steering Committee comprising of government ministries, employers, trade unions and the civil society had been created to oversee child labour activities as well as the implementation of the Statutory Instrument. Noting the absence of information in the Government’s report in this regard, the Committee requests the Government to provide detailed information on the application in practice of Statutory Instrument No. 121 of 2013, including statistics on the number and nature of violations reported and penalties imposed. It also requests the Government to provide information on the methods adopted by the District Child Labour Committees and the National Steering Committee in monitoring child labour as well as the data collected in this regard.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017).

The Committee notes the detailed discussion which took place at the 106th Session of the Conference Committee on the Application of Standards in June 2017, concerning the application by Zambia of the Convention.

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the Education Act of 2011 neither defined the school-going age nor indicated the age of completion of compulsory schooling. It also noted that according to section 34 of the Education Act of 2011, the Minister may, by statutory instrument, make regulations to provide for the basic school-going age and age for compulsory attendance at educational institutions.

The Committee notes the Government representative’s indication to the Conference Committee that consultations were ongoing to revise the Education Act of 2011 which would define the basic school-going age and link it with the minimum age for employment in Zambia. It noted that the Conference Committee recommended the Government to take the necessary measures to ensure that the amended Education Act sets the age of completion of compulsory education at 15 years of age, and is effectively implemented in practice, without delay.

The Committee notes the Government’s statement in its report that the official entry age for grade 1 in Zambia is 7 years and by the time of completion of grade 7, children are 14 or 15 years old. The Government further states that education is not compulsory, but once a child is enrolled in a school, it is the duty of every parent or guardian to ensure the child’s regular attendance according to section 6(1) of the School (Compulsory Attendance) Regulations Statutory Instrument (SI) No. 118 of 1970. The Committee notes the Government’s information that there has been a significant progress in the area of education during the last decade, following the implementation of various measures taken to improve access to basic education; such as the National policy on Education, Educating Our Future, 1996 which aims to provide every child access to nine years basic education by 2015; the Basic Education Sub-sector Investment Programme (BESSIP) 1999; the Technical Education and Vocational Entrepreneurship Training Plan (TEVET), 1996; the Education Sector Plan (2002–2007); the sixth National Development Plan (2011-15); the Education For All 2015; and the Free Basic Education Policy 2002. However, the Committee notes the Government’s statement that despite 15 years of concerted action, access remains a huge challenge for children in Zambia. The Committee further notes the Government’s information that the Ministry of Education is still in the process of reviewing the Education Act which has been delayed due to some technical challenges. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly urges the Government to take the necessary steps to ensure free and compulsory education for all children up to the minimum age of 15 years for admission to employment or work, including by legally setting 15 years as the age of completion of compulsory education during the revision of the Education Act. It also requests that the Government take the necessary measures to ensure the effective implementation of the Education Act, following its adoption.

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that the SI No. 121 of 2013 defines “light work” (which is permitted to children aged between 13 and 15 years as per section 4A(2) of the Employment of Young Persons and Children (Amendment) (EYPC Act of 2004) as work which is not likely: (a) to be harmful to the health or development of a child or young person; and (b) to prejudice the attendance at school, participation on vocational orientation, or a training programme approved by the competent authority, of a child or young person. It also noted that section 2 of the SI restricts the performance of light work activities to less than three hours per day. The Committee noted, however, that the Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that children aged 13 to 15 years undertook work which is reportedly not light work and that it interfered with their education (CRC/C/ZMB/CO/2-4, para. 57). The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again requests that the Government take the necessary measures to ensure that children of 13 to 15 years of age do not participate in work other than light work which does not interfere with their education. In this regard, the Committee requests the Government to indicate whether the light work activities have been determined pursuant to section 4A(2) of the EYPC Act of 2004 as required under Article 7(3) of the Convention.

Labour inspectorate and application of the Convention in practice. The Committee previously noted that the inspections carried out by the labour inspectors identified the existence of hazardous child labour in small-scale mining, agriculture, domestic work, and trading sectors, generally in the informal economy. It also noted the Government’s information that a number of provinces had active programmes against child labour, including the activities by the District Child Labour Committees (DCLCs) to end child labour in tobacco growing communities by focusing on education as well as the results achieved following the implementation of the Achieving Reduction of Child Labour in Support of Education (ARISE) project. The Committee further noted that according to the findings of the Child Labour Report of 2012, an estimated 1,215,301 children were in child labour, registering an increase from 825,246 children in 2005.

The Committee notes that the Conference Committee recommended the Government to: strengthen its efforts to ensure the elimination of child labour both in the formal and informal sectors of the economy, including under hazardous conditions; and strengthen the capacity of the DCLCs and the labour inspectorate, in particular, in relation to small-scale mining, agriculture, domestic work and the informal economy.

The Committee notes the Government’s information that there are twenty four registered DCLCs spread across the country which aims to monitor the implementation of child labour programmes at the district and community levels. In this regard, the Committee notes from the Government’s report that: (i) the Chipata DCLC in the Eastern province provided training to 25 members including, the police, judiciary and other law enforcement officials, representatives from the Ministry of General Education, local government and other non-governmental organizations on identification of child labour and monitoring systems, mainly in the agricultural sector, occupational safety and health and child rights; and (ii) the Shiwangandu DCLC in the Muchinga province provided sensitization and awareness raising programmes at five local schools, which recorded absenteeism of pupils up to 60 per cent. The Committee also notes the Government’s information that the ARISE programme which is currently functional in the eastern and western provinces, is supporting 41 schools in 17 communities in the Western provinces of Kaoma and Nkeyema. In this regard, the Committee notes from the ARISE Annual Review of 2017 that about 4,167 children were withdrawn from child labour and placed in schools; 8,166 community members and teachers were educated on child labour; 1,961 households were provided with improved livelihoods; and 797 Community Child Labour Committee (CCLC) members were trained in child labour monitoring, data collection and work plan formulation.

The Committee further notes the Government’s information that the Ministry of Labour and Social Security (MLSS) serves as chair of the National Steering Committee on Child Labour which monitors and develops policies on child labor. The MLSS also provides technical expertise and coordinates all activities and programmes to eliminate child labour, including the activities of the DCLCs. Moreover, the Committee notes from the Government’s report that more labour officers have been recruited to boost the inspectorate to enhance enforcement of child labour laws and new vehicles have been procured to enable the inspectors to carry out the inspections. The Government further indicates its intention to establish more DCLCs in other districts that are economically active in order to combat child labour and its worst forms. The Committee, however, notes the Government’s statement that the MLSS conducts labour inspections in registered private institutions only and does not cover informal sectors where child labour is more prevalent. Moreover, the Committee notes the Government’s information that of the 24 DCLCs, only those sponsored under the ARISE programme are currently active due to lack of financial resources. While noting the measures taken by the Government, the Committee strongly encourages the Government to continue its efforts to ensure that children under the age of 15 years are not engaged in child labour in Zambia. In this regard, the Committee requests that the Government take the necessary measures to strengthen and expand the activities of the District Child Labour Committees to all the provinces as well as to strengthen the capacities of the labour inspectorate to enable it to monitor child labour in all sectors, including the informal economy. It requests the Government to continue to provide specific information on the measures taken in this regard, as well as on the results achieved. The Committee also requests the Government to provide updated statistical data on the employment of children and young persons, together with extracts from labour inspection reports.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that section 4A(5) of the Employment of Young Persons and Children (Amendment) Act of 2004 (EYPC Act of 2004) empowers the Minister to determine light work activities. It noted the Government’s indication that once the statutory instrument on hazardous work has been adopted, it would determine light work activities.

The Committee notes with interest that the Statutory Instrument (S.I.) No. 121 of 2013 defines “light work” (which is permitted to children aged between 13 and 15 years as per section 4A(2) of the EYPC Act of 2004) as work which is not likely: (a) to be harmful to the health or development of a child or young person; (b) to prejudice the attendance at school, participation on vocational orientation, or a training programme approved by the competent authority, of a child or young person. The S.I. under section 2 further states that light work shall not exceed three hours per day. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that children aged 13 to 15 years undertake work which is reportedly not light work and that interferes with their education (CRC/C/ZMB/CO/2-4, paragraph 57). The Committee requests that the Government take the necessary measures to ensure that children of 13 to 15 years of age do not participate in work other than light work which does not interfere with their education. In this regard, the Committee requests that the Government indicate whether the Minister has determined light work activities pursuant to section 4A(5) of the EYPC Act of 2004 as required under Article 7(3) of the Convention.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the in-depth discussion on the application of the Convention by Zambia in the Committee on the Application of Standards at the 106th Session of the International Labour Conference in June 2017. The Committee notes that, while taking into account the legislative evolution of this case, the Conference Committee noted with concern that the national legislation does not define schoolgoing age and the age of completion of compulsory education. The Conference Committee called upon the Government to strengthen its efforts to ensure the elimination of child labour both in the formal and informal sectors of the economy, including under hazardous conditions; to take the necessary measures to ensure that the amended Education Act sets the age of completion of compulsory education at 15 years of age and is effectively implemented in practice; to provide detailed information on the implementation of Statutory Instrument No. 121 of 2013 on the prohibition of employment of children and young persons (hazardous labour); to strengthen the capacity of the district child labour committee and the labour inspectorate; and to pay special attention to the needs of girls and other vulnerable persons. Finally, the Conference Committee requested the Government to avail itself of ILO technical assistance to ensure the full and effective application of the Convention, including the adoption of a time-bound action plan, and to provide information on the measures taken in this regard for examination by the Committee of Experts in 2017.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee had previously noted that the Education Act of 2011 neither defined the school going age nor indicated the age of completion of compulsory schooling. It had further noted that according to section 34 of the Education Act of 2011, the Minister may, by statutory instrument, make regulations to provide for the basic school going age and age for compulsory attendance at educational institutions.

The Committee notes the Government’s indication in its report that the Education Act and Education Policy are undergoing revision. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revision of the Education Act will define the basic school going age and the age of completion of compulsory schooling of 15 years, so as to link it with the minimum age for employment for Zambia. It expresses the hope that the revised Education Act will be adopted in the near future. The Committee requests that the Government provide information on any progress made in this regard.

Article 3(2). Determination of hazardous work. The Committee previously noted that the draft statutory instrument on the list of hazardous work was in the process of being approved by the Minister of Justice.

The Committee notes that the Statutory Instrument No. 121 of 2013 on the prohibition of employment of young persons and children (hazardous labour) has been adopted and that it prohibits the employment of children and young persons under the age of 18 years in hazardous work. Section 3(2) of the Statutory Instrument contains a list of 31 types of hazardous work prohibited to children and young persons, including: animal herding; block or brick making; charcoal burning; explosives; exposure to dust, high levels of noise, asbestos and silica dust, high voltage, lead, toxic chemicals and gases; spraying of pesticides or herbicides; exposure to waterborne diseases and infections; exposure to physical or sexual abuse; excavation/drilling; welding; stone crushing; work underground and underwater; work at heights; fishing; handling tobacco and cotton; lifting heavy loads; operating dangerous machinery or tools; long working hours; night work; and selling or serving in bars. The Committee requests that the Government provide information on the application in practice of Statutory Instrument No. 121 of 2013, including statistics on the number and nature of violations reported and penalties imposed.

Labour inspectorate and application of the Convention in practice. The Committee previously noted that according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Zambia of 2012, although there has been a substantial reduction in the incidence of child labour, over one third of children aged 7–14 years, some 950,000 children were working, of which nearly 92 per cent worked in the agricultural sector.

The Committee notes the Government’s information in its report that a number of provinces have active programmes against child labour, such as sensitization of parents, farmers and employers on child labour and hazardous work. The District Child Labour Committees (DCLC) in the Kaoma and Nkeyama districts in the Western Province, in collaboration with Japan Tobacco International (JTI) and Winrock International, are progressively bringing an end to child labour in tobacco growing communities by focusing on education. The Government also indicates that according to the 2015 annual review of the Achieving Reduction of Child Labour in Support of Education project (ARISE), a joint initiative of the ILO, JTI and Winrock International developed with the involvement of national governments, social partners, and tobacco growing communities, about 5,322 children have been withdrawn from child labour and placed in schools; 11,570 community members and teachers were educated about child labour, while 797 households improved their income to take care of their children. The Committee also notes the Government’s indication, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that an Inter ministerial National Steering Committee on Child Labour has been established to coordinate various interventions relating to child labour and that more labour officers have been hired in various districts to boost the inspectorate and enhance the enforcement of labour laws. Accordingly, following the inspections carried out by the labour inspectors, it has been identified that hazardous child labour exists in small-scale mining, agriculture, domestic work, and trading sectors, generally in the informal economy. The Committee further notes from the Government’s report that according to the findings of the Child Labour Report of 2012, an estimated 1,215,301 children were in child labour, registering an increase from 825,246 children in 2005. The Committee notes with concern that a large number of children are engaged in child labour, including in hazardous work in the country. While taking note of the measures taken by the Government, the Committee urges the Government to strengthen its efforts to ensure that, in practice, children under the minimum age of 15 years are not engaged in child labour. In this regard, the Committee requests that the Government strengthen the activities of the District Child Labour Committees to reduce child labour as well as to strengthen the capacity and expand the reach of the labour inspectorate in monitoring the situation of child labour, especially in the informal economy. It requests that the Government continue to provide information on the measures taken in this regard and on the results achieved.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 7(3) of the Convention. Determination of light work. The Committee previously noted that section 4A(5) of the Employment of Young Persons and Children (Amendment) Act of 2004 (EYPC Act of 2004) empowers the Minister to determine light work activities. It noted the Government’s indication that once the statutory instrument on hazardous work has been adopted, it would determine light work activities.

The Committee notes with interest that the Statutory Instrument (S.I.) No. 121 of 2013 defines “light work” (which is permitted to children aged between 13 and 15 years as per section 4A(2) of the EYPC Act of 2004) as work which is not likely: (a) to be harmful to the health or development of a child or young person; (b) to prejudice the attendance at school, participation on vocational orientation, or a training programme approved by the competent authority, of a child or young person. The S.I. under section 2 further states that light work shall not exceed three hours per day. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 14 March 2016, expressed concern that children aged 13 to 15 years undertake work which is reportedly not light work and that interferes with their education (CRC/C/ZMB/CO/2-4, paragraph 57). The Committee requests that the Government take the necessary measures to ensure that children of 13 to 15 years of age do not participate in work other than light work which does not interfere with their education. In this regard, the Committee requests that the Government indicate whether the Minister has determined light work activities pursuant to section 4A(5) of the EYPC Act of 2004 as required under Article 7(3) of the Convention.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee had previously noted that the Education Act of 2011 neither defined the school going age nor indicated the age of completion of compulsory schooling. It had further noted that according to section 34 of the Education Act of 2011, the Minister may, by statutory instrument, make regulations to provide for the basic school going age and age for compulsory attendance at educational institutions.

The Committee notes the Government’s indication in its report that the Education Act and Education Policy are undergoing revision. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revision of the Education Act will define the basic school going age and the age of completion of compulsory schooling of 15 years, so as to link it with the minimum age for employment for Zambia. It expresses the hope that the revised Education Act will be adopted in the near future. The Committee requests that the Government provide information on any progress made in this regard.

Article 3(2). Determination of hazardous work. The Committee previously noted that the draft statutory instrument on the list of hazardous work was in the process of being approved by the Minister of Justice.

The Committee notes with satisfaction that the Statutory Instrument No. 121 of 2013 on the prohibition of employment of young persons and children (hazardous labour) has been adopted and that it prohibits the employment of children and young persons under the age of 18 years in hazardous work. Section 3(2) of the Statutory Instrument contains a list of 31 types of hazardous work prohibited to children and young persons, including: animal herding; block or brick making; charcoal burning; explosives; exposure to dust, high levels of noise, asbestos and silica dust, high voltage, lead, toxic chemicals and gases; spraying of pesticides or herbicides; exposure to waterborne diseases and infections; exposure to physical or sexual abuse; excavation/drilling; welding; stone crushing; work underground and underwater; work at heights; fishing; handling tobacco and cotton; lifting heavy loads; operating dangerous machinery or tools; long working hours; night work; and selling or serving in bars. The Committee requests that the Government provide information on the application in practice of Statutory Instrument No. 121 of 2013, including statistics on the number and nature of violations reported and penalties imposed.

Labour inspectorate and application of the Convention in practice. The Committee previously noted that according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Zambia of 2012, although there has been a substantial reduction in the incidence of child labour, over one third of children aged 7–14 years, some 950,000 children were working, of which nearly 92 per cent worked in the agricultural sector.

The Committee notes the Government’s information in its report that a number of provinces have active programmes against child labour, such as sensitization of parents, farmers and employers on child labour and hazardous work. The District Child Labour Committees (DCLC) in the Kaoma and Nkeyama districts in the Western Province, in collaboration with Japan Tobacco International (JTI) and Winrock International, are progressively bringing an end to child labour in tobacco growing communities by focusing on education. The Government also indicates that according to the 2015 annual review of the Achieving Reduction of Child Labour in Support of Education project (ARISE), a joint initiative of the ILO, JTI and Winrock International developed with the involvement of national governments, social partners, and tobacco growing communities, about 5,322 children have been withdrawn from child labour and placed in schools; 11,570 community members and teachers were educated about child labour, while 797 households improved their income to take care of their children. The Committee also notes the Government’s indication, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182) that an Inter ministerial National Steering Committee on Child Labour has been established to coordinate various interventions relating to child labour and that more labour officers have been hired in various districts to boost the inspectorate and enhance the enforcement of labour laws. Accordingly, following the inspections carried out by the labour inspectors, it has been identified that hazardous child labour exists in small-scale mining, agriculture, domestic work, and trading sectors, generally in the informal economy. The Committee further notes from the Government’s report that according to the findings of the Child Labour Report of 2012, an estimated 1,215,301 children were in child labour, registering an increase from 825,246 children in 2005. The Committee notes with concern that a large number of children are engaged in child labour, including in hazardous work in the country. While taking note of the measures taken by the Government, the Committee urges the Government to strengthen its efforts to ensure that, in practice, children under the minimum age of 15 years are not engaged in child labour. In this regard, the Committee requests that the Government strengthen the activities of the District Child Labour Committees to reduce child labour as well as to strengthen the capacity and expand the reach of the labour inspectorate in monitoring the situation of child labour, especially in the informal economy. It requests that the Government continue to provide information on the measures taken in this regard and on the results achieved.

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

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee had previously noted that the Education Act of 2011 neither defined the school-going age nor indicated the age of completion of compulsory schooling. It had further noted that according to section 34 of the Education Act of 2011, the Minister may, by statutory instrument, make regulations to provide for the basic school-going age and age for compulsory attendance at educational institutions.

The Committee notes that the Government report does not contain any information with regard to the school-going age and the age of completion of compulsory schooling. Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again urges the Government to ensure that regulations pursuant to section 34 of the Education Act of 2011 are adopted, defining the basic school-going age and the age of completion of compulsory schooling up to the minimum age for employment, which is 15 years for Zambia. It requests the Government to provide information on any progress made in this regard.

Article 7(3). Determination of light work. The Committee had previously noted section 4(A)(2) of the Employment of Young Persons and Children (Amendment) Act of 2004 (EYPC Act of 2004) which provides for a definition of “light work” for children aged between 13 and 15 years and section 4(5) which empowers the Minister to determine light work activities. Subsequently, it had noted the Government’s indication that once the Statutory Instrument on Hazardous Work had been adopted, it would determine light work activities. The Committee once again expresses the firm hope that the Government will take the necessary measures to adopt regulations pursuant to section 4(5) of the EYPC Act of 2004, to determine the light work activities which may be undertaken by children between 13 and 15 years of age as well as to prescribe the number of hours during which and the conditions in which such work may be undertaken.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee notes the Government’s information that 1,244 labour inspections were carried out by the labour inspectors in 2011, during which no violations regarding the minimum age were detected in the formal sector. The Committee further notes from the Government’s report that as part of the National Action Plan on Child Labour, a module has been included in the 2012 Labour Force Survey in order to have up-to-date information on child labour, especially in the informal economy. The Committee encourages the Government to pursue its efforts to ensure that up-to-date statistical data on the economic activities of children and young persons are collected and made available, including the number of children working under the minimum age of 15, and to provide this information in its next report. In addition, the Committee requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate to monitor children carrying out economic activities in the informal economy, and to provide information on the results achieved.

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

Articles 1 and 2(1) of the Convention. National policy and scope of application. The Committee previously noted the International Trade Union Confederation’s (ITUC) allegation that children were reported to be working in the unregulated economy. According to the ITUC, children were mostly found in agriculture, domestic service, small-scale mining operations, stone crushing and pottery.

The Committee notes the Government’s information that the launch of the National Action Plan on Child Labour (NAPCL) and the National Child Labour Policy (NCLP) in 2011 provided a comprehensive framework and approach for the elimination of child labour in the country. It also notes the Government’s statement that the NAPCL which will be implemented within the 2012–15 Decent Work Country Programme, cuts across all economic sectors, including the informal economy and provides a roadmap for implementing partners to adequately address child labour issues. A consultative workshop for social partners and implementing partners was held to solicit inputs from all the ten provinces into the draft monitoring and evaluation framework and resource mobilization strategies for the NAPCL. The Committee notes, however, that according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Zambia of 2012, although there has been a substantial reduction in the incidence of child labour, over one third of children aged 7–14 years, some 950,000 children, were working in 2008, of which nearly 92 per cent worked in the agricultural sector. The Committee takes due note of the measures taken by the Government to combat child labour. However, it observes with concern that there remain a significant number of children under the minimum age of 15 years engaged in child labour in the country. The Committee therefore urges the Government to pursue its efforts to ensure that, in practice, children under the minimum age of 15 years are not engaged in child labour. The Committee also requests the Government to provide detailed information on the implementation of the NAPCL and the NCLP and their impact on effectively eliminating child labour, especially in the informal economy.

Article 3(2). Determination of hazardous work. The Committee previously noted the Government’s statement that the Ministry of Labour and Social Security, working in consultation with the Ministry of Justice, had taken steps to finalize a Statutory Instrument on Hazardous Work before the end of 2011. It also noted that this statutory instrument prohibits work in a covered site 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.

The Committee notes the Government’s information that the draft Statutory Instrument on the List of Hazardous Work is in the process of being approved by the Minister of Justice. Noting that the Government has been referring to the adoption of this instrument since 2005, the Committee urges the Government to take the necessary measures to adopt the Statutory Instrument on Hazardous Work containing the list of types of hazardous work, in the near future. It requests the Government to supply a copy thereof, as soon as it has been adopted.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2(1) of the Convention. National policy and scope of application. The Committee had previously noted the International Trade Union Confederation’s (ITUC) allegation that children are reported to be working in the unregulated economy. According to the ITUC, children are mostly found in agriculture, domestic service, small-scale mining operations, stone crushing and pottery. It had also noted the Government’s information that a draft National Action Plan on Child Labour which included various measures for the elimination of child labour in the informal sector has been formulated. The Committee notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the National Action Plan on Child Labour was adopted along with the National Child Labour Policy in June 2011. The Committee requests the Government to provide detailed information on the implementation of the National Action Plan on Child Labour and the National Child Labour Policy and their impact on abolishing child labour, especially in the informal economy.

Article 2(3). Age of completion of compulsory schooling. Following its previous comments, the Committee notes with interest that a new Education Act of 2011 has been enacted by the Government which requires a parent of a child who has attained the school going age to enrol that child in an educational institution and to ensure that child’s attendance at the institution (section 17(1)). It also notes that section 17(3) provides for appointing a committee to investigate the absence of any child from the educational institution and to issue a notice requiring the parent of that child to comply with subsection (1) within the prescribed period. Moreover, section 17(4) lays down penalties for the offences related to the failure to enrol a child in school, preventing a child from attending school or withdrawing a child from school. The Committee notes, however, that the Education Act of 2011 neither defines the school-going age nor indicates the age of completion of compulsory schooling. The Committee notes that according to section 34 of the Education Act of 2011, the Minister, may by statutory instrument, make regulations to provide for the basic school going age and age for compulsory attendance at educational institutions.

The Committee further notes the Government’s information that it has established a comprehensive system of identifying poor and vulnerable children, assessing their needs and determining how best to meet their educational needs. The Government states that it has established bursary and scholarship schemes for the poor and vulnerable children, with special provisions for the needs of the girl child, orphans and children from rural areas. The Committee notes the Government’s indication that the basic school enrolment rates have reached 94.2 per cent (an increase from 1,806,754 in 2000 to 3,510,288 in 2010), while the drop-out rates have been reduced from 4.6 per cent in 2000 to 2 per cent in 2010. It also notes from the Government’s report that the proportion of orphans enrolled has increased from 11.1 per cent in 2002 to 18.5 per cent in 2010. The Committee takes due note of the various measures taken by the Government to improve the functioning of the education system. However, considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to ensure that regulations pursuant to section 34 of the Education Act of 2011 are adopted, defining the basic school going age and the age of completion of compulsory schooling up to the minimum age for employment, which is 15 years for Zambia. It also requests the Government to continue taking effective measures to improve the functioning of the education system, in particular by increasing the school enrolment rates and reducing drop-out rates, especially among children in the rural areas so as to prevent them from engaging in child labour.

Article 3(2). Determination of hazardous work. The Committee had previously noted the Government’s indication that a “statutory instrument” was formulated to enforce the Employment of Young Persons and Childrens (Amendment) Act of 2004 (EYPC Act of 2004) as well as to serve as Zambia’s hazardous work list. It had also noted that this “statutory instrument on hazardous work” prohibits work in a covered site 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.

The Committee notes the Government’s statement that the Ministry of Labour and Social Security working in consultation with the Ministry of Justice has taken steps to finalize the Statutory Instrument on Hazardous Work before the end of 2011. The Committee expresses the firm hope that the Statutory Instrument on Hazardous Work containing the list of types of hazardous work prohibited to children under 18 years will be adopted soon. It requests the Government to supply a copy thereof, as soon as it has been adopted.

Article 7. Light work. The Committee had previously noted section 4(A)(2) of the EYPC Act of 2004 which provides for a definition of “light work” for children aged between 13 and 15 years and section 4(5) which empowers the Minister to determine light work activities. Subsequently, it had noted Government’s indication that once the Statutory Instrument on Hazardous Work had been adopted, it would determine light work activities. The Committee expresses the firm hope that once the Statutory Instrument on Hazardous Work has been adopted, the Government will take the necessary measures to adopt regulations pursuant to section 4(5) of the EYPC Act of 2004, to determine the light work activities which may be undertaken by children between 13 and 15 years of age as well as to prescribe the number of hours during which and the conditions in which such work may be undertaken.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s indication that due to lack of transport and communication services, the District Child Labour Committees (DCLCs) were not able to function effectively in the districts.

The Committee notes the Government’s information that eight more DCLCs were created and that more funding provisions towards DCLCs administrative costs have been included in the 2012 budget. The Government report further states that during the period from 2009 to 2010, 35 specific child labour inspections were undertaken by the labour inspectors, and 360 children were withdrawn from child labour. Of these children withdrawn, 60 per cent were taken back to school and reintegrated while the remaining 40 per cent were empowered with the necessary skills to make them self-reliant. The Committee further notes the Government’s statement that the revised labour inspection form will now enable the labour inspectors to collect and obtain sector-wise data on child labour, including those from the informal sector. The Committee notes, however, that according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work (UCW) in Zambia of May 2009, an estimated 1.3 million children between the ages of 5–14 years are involved in child labour, which implies 41 per cent of this age group, and an alarmingly high number of over 1.4 million children between the ages of 5–17 years are exposed to hazardous working conditions. The Committee expresses its deep concern at the high number of children involved in child labour and hazardous work. The Committee urges the Government to step up its efforts to abolish child labour in the country. It also requests the Government to continue taking the necessary measures to make the DCLCs effectively functional, including through the allocation of additional resources and funding. It also requests the Government to provide sector-wise data on child labour collected by the labour inspectors, as well as information on the number and nature of violations detected with regard to child labour, including in the informal sector.

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

Article 2, paragraph 3 of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee had observed the International Trade Union Confederation’s (ITUC) allegation that 25 per cent of primary school age children did not receive any schooling and that in 1999 less than 29 per cent of children reached the secondary school level. It had noted the information provided by the Worker members at the Conference Committee on the Application of Standards in June 2008 that Zambia does not yet have a system of free, compulsory, formal public education and therefore it would not be able to succeed in eliminating child labour. It had also noted the Worker members’ statement that although the abolition of school fees had resulted in an increase in the school enrolment rates and a decrease in the number of out-of-school children from 760,000 to 228,000 between 1995 and 2005, disadvantaged children were still two to three times less likely to be in school than other children.

The Committee had noted that according to the Child Labour Survey Report of 2005, about 1,185,033 children between the ages of 5 and 17 were in school, out of which 49 per cent were child labourers. It also noted the incidence of child labour which was estimated at 895,000 of which 46 per cent were children between the ages of 10 and 14. The survey had indicated that child labour is predominantly a rural phenomenon with 92 per cent of all working children residing and working in rural areas. The Committee had further noted the statistics provided by the Educational Statistical Bulletin of 2006, which revealed that there were 93,451 out-of-school children between the ages of 7 and 15. The Committee, while appreciating the efforts made by the Government to increase school enrolment rates and to provide free and compulsory education for all children, observed that poverty is one of the main causes of child labour and that the HIV/AIDS pandemic had left a lot of children parentless. It had further expressed concern at the number of out-of-school children as well as the number of school-going children who were involved in child labour in the country.

The Committee notes the Government’s information that Circular No. 3 of 2003 introduced free education from grades 1 to 7. It also notes the Government’s statement that efforts are under way to make schooling compulsory up to basic education level at which stage children will have attained the minimum age of employment of 16 years. The Committee further notes the information provided by the Government in its report under Convention No. 182 on the measures adopted to resolve the challenges associated with HIV/AIDS at workplaces. The Committee expresses the firm hope that in the next report the Government will be in a position to provide information on the progress made with regard to its efforts to make schooling compulsory up to the minimum age for employment, which is 15 years for Zambia. The Committee also requests the Government to redouble its efforts to improve the functioning of the education system, in particular by increasing the school enrolment rates and reducing school drop-out rates, especially among child orphans of HIV/AIDS and children in the rural areas so as to prevent the engagement of these children in child labour.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted the Government’s indication that a “statutory instrument” was formulated to enforce the Employment of Young Person’s and Children’s (Amendment) Act of 2004, as well as to serve as Zambia’s hazardous work list. It had also noted that this “statutory instrument on hazardous work” prohibits work in a covered site 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. The Committee notes the Government’s information that the Hazardous Labour Statutory Instrument developed in collaboration with the 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 the same once it has been adopted.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that the statutory instrument determining light work activities had been formulated and had requested the Government to provide a copy of the same once it had been adopted. The Committee notes the Government’s statement that no statutory instrument for light work activities has been developed. However, it is envisaged that once the Hazardous Labour Statutory Instrument is adopted, it will define light work activities. The Committee trusts that the Hazardous Labour Statutory Instrument will define the light work activities as well as prescribe the number of hours during which and the conditions in which such work may be undertaken by children between 13 and 15 years of age.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the ITUC’s allegation that child labour in Zambia is almost non-existent in the formal economy. However, children are reported to work in the unregulated economy, often in dangerous or harmful work. According to the ITUC, children are mostly found in agriculture, domestic service, small-scale mining operations, stone-crushing and pottery. The Committee had taken note of the Government’s information on the measures taken to reduce the incidence of child labour, for example, through ILO–IPEC projects, by establishing 11 district child labour committees to monitor the implementation of programmes to sensitize the public on child labour and its worst forms as well as programmes to withdraw, rehabilitate and reintegrate identified children. Noting that a National Child Labour Action Plan was under way, the Committee had requested the Government to indicate the measures adopted within the framework of this national plan for the elimination of child labour, especially in the informal sector. It had also requested the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector.

The Committee notes the Government’s information that the draft National Action Plan on Child Labour includes measures for the elimination of child labour in the informal sector, such as: awareness-raising and sensitization activities; prevention, withdrawal and reintegration measures; and the creation of an enabling environment for the implementation of the various activities. The Government further states that, due to lack of transport and communication services, the District Child Labour Committees are not able to function effectively in the districts and hence information on the number of children withdrawn and rehabilitated is not available. The Committee notes, however, the Government’s statement that, once the National Action Plan is finalized, the District Child Labour Committees would be given the necessary resources to meet their administrative costs. The Committee requests the Government to provide information on the implementation of the National Action Plan on Child Labour and its impact on reducing child labour, especially in the informal sector. It also requests the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector, in order to ensure that the protection established by the Convention is ensured for children working in this sector.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report of September 2008. It also notes the information supplied by the Government representative of Zambia at the Conference Committee on the Application of Standards in June 2008 concerning the application of Convention No. 138.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that section 7(1) of the Employment of Women, Young Persons and Children’s Act (hereinafter, the EWYPCA) of 1967 authorizes the employment of persons under 16 years of age in an undertaking where only members of the same family are employed. It had noted that draft amendments to the EWYPCA extend its scope of application to undertakings in which members of the family are employed and to domestic workers. Accordingly, the Committee had requested the Government to supply a copy of the EWYPCA (Amendment) of 2004.

The Committee notes with satisfaction that section 4A of the Employment of Young Persons and Children (Amendment) Act of 2004 (hereinafter EYPC (Amendment) Act of 2004) prohibits the employment of a child (defined as a person under 15 years of age) in any covered site. Section 3 of the EYPC (Amendment) Act of 2004 defines a “covered site” as any public or private undertaking, including any commercial, agricultural or domestic worksite and any undertaking in which only members of the same family are employed.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously observed the International Trade Union Confederation’s (ITUC) allegation that 25 per cent of primary-school age children do not receive any schooling and that in 1999 less than 29 per cent of children reached the secondary school level. The Committee had noted the Government’s indication that it is making tremendous efforts to ensure that the minimum age for admission to employment is not less than the age of completion of compulsory schooling. It had also noted the Government’s indication that a number of bursary schemes for orphaned and vulnerable children, a return to school policy for pregnant teenage girls, and skills training programmes for children withdrawn from streets as well as from child labour were being introduced.

The Committee notes the information provided by the worker members at the Conference Committee in June 2008 that Zambia does not yet have a system of free, compulsory, formal, public education and therefore it would not be able to succeed in eliminating child labour. The worker members also stated that due to the abolition of school fees the total enrolment rates at school had increased, and the number of out-of-school children had fallen from 760,000 to 228,000 between 1999 and 2005. However, disadvantaged children were still two to three times less likely to be in school than other children. The Conference Committee had welcomed the Government’s commitment to implement the Convention through various measures, including through the provision of inclusive education and appropriate training opportunities, the construction of additional classrooms, the recruitment of additional qualified teachers in rural areas and the establishment of district child labour committees. However, considering that free, compulsory education is one of the most effective means of combating and preventing child labour, the Conference Committee had urged the Government to ensure that legislation fixing the age of completion of compulsory schooling which corresponds to the minimum age for employment of 15 years be adopted shortly. Further, the Conference Committee had strongly encouraged the Government to continue its efforts to provide free and compulsory education for all children.

The Committee notes the Government’s information in its report that there had been a remarkable decline in the number of out-of-school children. According to the Education Statistical Bulletins of 2006, only 11.2 per cent of out-of-school children between the ages of 7 and 18 were recorded in 2006. The Education Statistical Bulletins of 2006 revealed that during the period from 2006 to 2007, the number of schools offering primary education increased from 4,021 to 4,269 and the number of schools offering secondary education increased from 2,221 to 2,498. The Government states that the gross enrolment ratio for grades one to nine has increased steadily from 2003 to 2007. The Government also indicates that it has adopted a policy to upgrade primary schools into basic schools in order to ensure that children have access to basic education up to grade nine.

The Committee also notes the information provided by the Government in its report under Convention No. 182 that it has developed a national HIV/AIDS policy to address the situation of children affected and orphaned by HIV/AIDS. Within the framework of this policy, an increased number of children have been prevented and withdrawn from HIV/AIDS-induced child labour and integrated into formal and informal schools. The Committee also notes the Government’s statement that primary education has been made free and compulsory and the various policies in place have encouraged parents to send their children to school.

The Committee notes that according to the Child Labour Survey Report of 2005, about 1,185,033 children between the ages of 5 and 17 were in school (624,417 boys and 560,616 girls) out of which 49 per cent were child labourers. It also notes the incidence of child labour which was estimated at 895,000 of which 46 per cent were children between the ages of 10 to 14. The results indicated that child labour is predominantly a rural phenomenon with 92 per cent of all working children residing and working in rural areas. The Committee further notes the statistics provided by the Educational Statistical Bulletin of 2006 which reveals that there were 93,451 out-of-school children between the ages of 7 and 15. According to the UNESCO report entitled “Education for All by 2015: Will we make it?”, in Zambia the primary net enrolment rates have increased by more than 20 per cent between 1999 and 2005. The Committee appreciates the efforts made by the Government and observes that poverty is one of the prime causes of child labour and that the HIV/AIDS pandemic has left a lot of children parentless. The Committee is nevertheless concerned by the number of out-of-school children as well as the number of children attending school who are involved in child labour in the country. In view of the fact that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, including through the introduction of compulsory schooling up to 15 years, by increasing the school enrolment rates and reducing school drop-out rates, especially among child orphans of HIV/AIDS and children in the rural areas so as to prevent the engagement of these children in child labour. It requests the Government to continue providing information on the measures taken to this end and the results achieved. The Committee also requests the Government to indicate the legal provisions establishing free compulsory education at the primary level and to provide a copy thereof along with its next report.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the EYPC (Amendment) Act of 2004 does not contain a list of types of “work that, by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of children or young persons” (section 4(d) of the Act). It had noted the Government’s indication that a “statutory instrument” was formulated to enforce the EYPCA (Amendment) Act of 2004, as well as to serve as Zambia’s hazardous work list. The Committee notes with interest the information provided by the Government in its report under Convention No. 182 that, the proposed “statutory instrument on hazardous work” 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 further notes that section 3(a) of the EYPC (Amendment) Act of 2004 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. It finally notes the Government’s indication that the social partners and all stakeholders were consulted in drafting the above list of types of hazardous work. The Committee expresses the firm hope that the statutory instrument containing the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 7. Light work. The Committee had previously noted the Government’s indication that the statutory instrument determining light work activities has been formulated, and had requested the Government to provide a copy of the same once it had been adopted. The Committee notes that the Government has neither supplied a copy of the above statutory instrument nor has provided any information regarding its adoption. The Committee once again requests the Government to provide a copy of the statutory instrument determining light work activities as soon as it has been adopted.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the ITUC’s allegation that child labour in Zambia is almost non-existent in the formal economy. However, children are reported to work in the unregulated economy, often in dangerous or harmful work. According to the ITUC, children are mostly found in agriculture, domestic service, small-scale mining operations, stone crushing and pottery. It had noted the Government’s information on the results achieved following the implementation of the projects with the support of ILO–IPEC. Noting that a large number of children under the age of 15 years continue to work in the informal sector, the Committee had requested the Government to renew its efforts to progressively improve this situation.

The Committee notes that the Conference Committee in June 2008 had noted that the Government had taken a number of measures to address the situation of children under the minimum age who worked in the informal sector, often in hazardous work. The Conference Committee had encouraged international cooperation in order to promote poverty eradication, sustainable and equitable development and the elimination of child labour. The Conference Committee had strongly encouraged the Government to improve the situation by taking the necessary measures to further strengthen the capacity of the labour inspectorate and to promote the work of district child labour committees.

The Committee notes the Government’s indication that it is committed to combat child labour despite many difficulties such as the rampant nature of the problem in the informal sector. According to the Government’s report, Zambia, like many other developing countries, was confronted with the challenges of growth and development coupled with rapid expansion of the informal economy as an alternative source of livelihood for the majority of the poor. The Government further states that, despite these challenges, it has taken a number of measures in collaboration with ILO–IPEC and progress has been made in reducing the high incidence of child labour in the most predominant informal economic activities such as agriculture and quarrying. The Committee notes that according to the Child Labour Survey Report of 2005, out of the 895,000 child labourers in the country, 853,000 were engaged in agricultural activities.

The Committee notes the Government’s information in its report under Convention No. 182 that according to the Labour Department Annual Report of 2006, labour officers inspected about 1,020 workplaces every year. In 2006, no cases of child labour were highlighted in the formal sector although some cases of child labour were found in the informal sector. The Committee also notes that 11 district child labour committees have been established. They are entrusted with the mandate to monitor the implementation of programmes to sensitize the public on child labour and its worst forms as well as programmes to withdraw, rehabilitate and reintegrate identified children. The Committee further notes that a National Child Labour Action Plan is being envisaged within the Time-bound Programme (TBP) and the draft document would be ready by December 2008. The Committee requests the Government to provide information on the measures adopted within the framework of the new National Child Labour Action Plan of 2008 for the elimination of child labour, especially in the informal sector. It also requests the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector, in order to ensure that the protection established by the Convention is ensured for children working in this sector. The Committee further requests the Government to provide information on the number of children withdrawn from child labour and rehabilitated pursuant to the implementation of the programmes monitored by the district child labour committees.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. The Committee invites it to consider technical assistance from the ILO.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. The Committee had previously requested the Government to provide information on the functioning and the action of the National Steering Committee on Child Labour, and the Child Unit within the Ministry of Labour. It notes the Government’s information that the National Steering Committee, which is composed of various ministries, organizations of employers and employees, and various organizations dealing with children, provides policy guidance on the elimination of child labour in Zambia. The Child Labour Unit has the functions of: (a) coordinating child labour intervention activities among various stakeholders in the country; (b) acting as secretariat to the National Steering Committee on Child Labour; (c) enforcing legislation on child labour through labour officers.

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that section 7(1) of the Employment of Women, Young Persons and Children’s Act (hereinafter, the EWYPCA) of 1967 authorizes the employment of persons under 16 years of age in an undertaking where only members of the same family are employed. It had noted that draft amendments to the EWYPCA extend its scope of application to undertakings in which members of the family are employed and to domestic workers. The Committee notes with interest the Government’s information that, by virtue of Act No. 10 of 2004, the EWYPCA has been amended to bring it into line with the Convention. By virtue of this amendment (hereinafter, the EWYPCA (Amendment) of 2004), the prohibition on employing children under 15 years of age in any public or private undertaking or in any branch of activity also applies to family undertakings. The Committee requests the Government to supply a copy of the EWYPCA (Amendment) of 2004.

Article 3, paragraph 2. Determination of hazardous work. With reference to its previous comments, the Committee notes that the EWYPCA (Amendment) of 2004 does not contain a list of types of “work that, by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of children or young persons” (section 4(d) of the Act). It notes the Government’s indication that a “statutory instrument” has been formulated which will enforce the EWYPCA (Amendment) of 2004, as well as serve as Zambia’s hazardous work list. This instrument is expected to be signed and published during 2006 or early 2007. The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will give due consideration to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 7. Light work. Following its previous comments, the Committee notes the Government’s information that the EWYPCA (Amendment) Act of 2004 defines light work and states under what circumstances persons between 13 and 15 years of age are allowed to perform light work. In this regard, the Committee notes that the copy of the draft amendment available at the Office provides that a person aged 13 to 15 years may lawfully engage in light work which is work: (a) that is not likely to be harmful to the person’s health and development; and (b) that is not such as to prejudice the person’s attendance at school, the person’s participation in vocational orientation or training programmes approved by the competent authority, or the person’s capacity to benefit from the instruction received. The Committee notes the Government’s indication that the “statutory instrument” determining light work has been formulated but not yet published. The Committee requests the Government to provide a copy of the provisions of the statutory instrument determining light work as soon as they have been adopted.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously observed that basic education is not compulsory in Zambia, but once a child is enrolled, attendance at school is compulsory. It had noted the International Trade Union Confederation’s (ITUC) allegation that 25 per cent of primary-school age children do not receive any schooling and that in 1999 less than 29 per cent of children reached the secondary school level. It had requested the Government to provide information on the situation of children who were not enrolled in school and therefore were not obliged to attend school, and to indicate what measures were taken or envisaged to ensure that these children were not admitted to employment or work in any occupation below 15 years of age.

The Committee notes the Government’s information that it is making tremendous efforts to ensure that the minimum age for admission to employment is not less than the minimum age of completion of compulsory schooling. It notes the Government’s statement that primary education has been declared free and there is current political commitment to gradually expand free education to grade 12. In addition, a number of bursary schemes for orphaned and vulnerable children are in place, and the Ministry of Education has instituted a return to school policy for pregnant teenage girls. Moreover, the Government is providing skills training to children being withdrawn from the streets as well as from child labour. The Committee also notes that, according to the information available at the Office, in 2005 the Government of Zambia continued to implement its universal primary education programme called the “Basic Education Sub-Sector Investment Programme” (BESSIP), which specifically targets working children. The Committee welcomes the measures adopted by the Government. It encourages the Government to continue taking measures to increase school attendance – including through the introduction of compulsory schooling – and to reduce school drop-outs, so as to prevent the engagement of these children in child labour. It requests the Government to continue providing information on measures taken to this end and results achieved. The Committee also requests the Government to provide statistical information on attendance and drop-out rates at school.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the ITUC’s allegation that child labour in Zambia is almost non-existent in the formal economy. However, children are reported to work in the unregulated economy, often in dangerous or harmful work. According to the ITUC, children are mostly found in agriculture, domestic service, small-scale mining operations, stone crushing and pottery.

The Committee notes the Government’s information that the first child labour survey was carried out by the Zambian Government in 1999. It indicated that over half a million children were working. Agriculture accounted for over 80 per cent of these children, but children were also found working in fisheries, domestic labour, the urban informal sector (transport and small workshops), mining and quarrying. With regard to agriculture, children were primarily found working on smallholder farms as family labourers, but also in large-scale farming operations. It also notes the Government’s information that it is currently finishing its first National Labour Force Survey, which will include child labour and serve to update the 1999 survey. The Committee also notes the Government’s information that extracts from the inspection section within the Ministry of Labour and Social Security have not yet been comprehensively documented since the child labour component was only recently introduced in the integrated inspection form. However, with the support of ILO/IPEC, cases of working children have been detected and a number of these children have been withdrawn from labour. In particular, under the Capacity Building Project (CBP), 3,643 children were found working, of which 2,017 were withdrawn and 1,626 prevented. During the Baseline Survey of Child Labour Prevalence in Commercial Agriculture (COMAGRIC project), 1,542 children were found working, of which 699 were withdrawn and 1,411 prevented. The Committee takes due note of this information. It nevertheless observes that a large number of children under the age of 15 continue to work in the informal economy. The Committee strongly encourages the Government to renew its efforts to progressively improve this situation. It also requests the Government to supply a copy of the National Labour Force Survey, as well as extracts from the reports of inspection services, when available, information on the number and nature of contraventions reported and penalties applied.

The Committee is also addressing a direct request to the Government concerning certain other points.

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

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.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee takes note of the Government’s report, and of the communication of the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002.

The Committee notes, from the communication of the ICFTU, that child labour in Zambia is almost inexistent in the formal economy; however, children are reported to work in the unregulated economy, often in dangerous or harmful work. According to the ICFTU, children are mostly found in agriculture, domestic service, small-scale mining operations, stone crushing and pottering. It further highlights that 25 per cent of primary-school age children do not receive any schooling and that, in 1999, less than 29 per cent of children reached secondary school. Noting the absence of reference in the Government’s report to the communication of the ICFTU, dated 23 October 2002, the Committee requests the Government to provide, in its next report, its comments on the points raised therein.

The Committee is also addressing a direct request to the Government concerning other detailed points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes, with interest, that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182) on 10 December 2001. The Committee also notes the Government’s report and asks the Government to provide additional information, in its next report, on the following points.

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.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report, and of the communication of the International Confederation of Free Trade Unions (ICFTU) dated 23 October 2002.

The Committee notes, from the communication of the ICFTU, that child labour in Zambia is almost inexistent in the formal economy; however, children are reported to work in the unregulated economy, often in dangerous or harmful work. According to the ICFTU, children are mostly found in agriculture, domestic service, small-scale mining operations, stone crushing and pottering. It further highlights that 25 per cent of primary-school age children do not receive any schooling and that, in 1999, less than 29 per cent of children reached secondary school. Noting the absence of reference in the Government’s report to the communication of the ICFTU, dated 23 October 2002, the Committee requests the Government to provide, in its next report, its comments on the points raised therein.

The Committee is also addressing a direct request to the Government concerning other detailed points.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

Article 1 of the Convention. The Committee 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. In particular, it noted that the Government had signed a Memorandum of Understanding (MOU) with the ILO on the elimination of the worst forms of child labour and had drawn up a number of activities to address the worst forms of child labour.

The Committee 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 function and the action of these special units. The Committee further noted that mechanisms such as the inter-ministerial committee on child labour are established in order to ensure effective implementation of programmes on economic exploitation and child labour. The Committee requests again the Government to continue to supply information on measures relevant to the effective abolition of child labour.

Article 2. The Committee would point out again that section 12 of the Employment Act (Chapter 512), which fixes the minimum age of 15 years for admission to employment, does not give full effect to this provision of the Convention, which applies to all forms of employment or work, including work carried out outside any employment relationship, and including also work in family undertakings. The Committee therefore asks again the Government to indicate the measures taken or envisaged to ensure the application of the Convention with regard to children working in family undertakings and children working on their own account.

The Committee took note that basic education is not compulsory in Zambia but once a child is enrolled, attendance at school is compulsory. Since, under Article 2(3) of the Convention, the minimum age to admit a child to employment or work shall not be less than the age of completion of compulsory school or in any case shall not be less than 15 years, 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. The Committee recalled that the Government had indicated in its previous report that the regulations to be issued under paragraph 2, section 17A, of Act No. 14/1989 amending the employment of Women, Young Persons and Children Act (Chapter 505) in order to determine the type of employment or work likely to jeopardize the health, safety or morals of young persons and therefore forbidden to them, had not yet been adopted. The Committee again hopes that the Government will be able in its next report to indicate that the said regulations have been adopted.

The Committee noted that consultation for the ratification of the Night Work of Young Persons (Industry) Convention, 1919 (No. 6), with other stakeholders had been initiated. Recalling that the ratification of this Convention protecting young persons from night work would reinforce the implementation of Article 3 of the Convention concerning the protection of children under 18 from hazardous work, the Committee again asks the Government to continue to supply information on the developments in this regard.

Article 7. The Committee noted that the Government will undertake a review of the legislation with the financial support of the ILO. The Committee expresses again its hope that this review will bring into line with the Convention both section 7(1)(b) of the Employment of Women, Young Persons and Children Act and section 12(1)(b) of the Employment Act concerning the employment authorization for under-aged children and the conditions under which such authorizations may be made.

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, etc.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report. It asks the Government to submit further information on the following points.

Article 1 of the Convention.  The Committee notes 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. In particular, it notes that the Government has signed a Memorandum of Understanding (MOU) with the ILO on the elimination of the worst forms of child labour and has drawn up a number of activities to address the worst forms of child labour.

The Committee notes that a National Steering Committee on child labour and a child unit in the Ministry of Labour have been established. It would be grateful if the Government would provide information on the function and the action of these special units. The Committee further notes that mechanisms such as the inter-ministerial committee on child labour are established in order to ensure effective implementation of programmes on economic exploitation and child labour. The Committee requests the Government to continue to supply information on measures relevant to the effective abolition of child labour.

Article 2.  The Committee would point out that section 12 of the Employment Act (Chapter 512), which fixes the minimum age of 15 years for admission to employment, does not give full effect to this provision of the Convention, which applies to all forms of employment or work, including work carried out outside any employment relationship, and including also work in family undertakings. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure the application of the Convention with regard to children working in family undertakings and children working on their own account.

The Committee takes note that basic education is not compulsory in Zambia but once a child is enrolled, attendance at school is compulsory. Since, under Article 2(3) of the Convention, the minimum age to admit a child to employment or work shall not be less than the age of completion of compulsory school or in any case shall not be less than 15 years, the Committee 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.  The Committee recalls that the Government indicated in its previous report that the regulations to be issued under paragraph 2, section 17A, of Act No. 14/1989 amending the employment of Women, Young Persons and Children Act (Chapter 505) in order to determine the type of employment or work likely to jeopardize the health, safety or morals of young person and therefore forbidden to them, have not yet been adopted. The Committee hopes that the Government will be able in its next report to indicate that the said regulations have been adopted.

The Committee notes that consultation for the ratification of the Night Work of Young Persons (Industry) Convention, 1919 (No. 6), with other stakeholders has been initiated. Recalling that the ratification of this Convention protecting young persons from night work would reinforce the implementation of Article 3 of the Convention concerning the protection of children under 18 from hazardous work, the Committee asks the Government to continue to supply information on the developments in this regard.

Article 7.  The Committee notes that the Government will undertake a review of the legislation with the financial support of the ILO. The Committee expresses its hope that this review will bring into line with the Convention both section 7(1)(b) of the Employment of Women, Young Persons and Children Act and section 12(1)(b) of the Employment Act concerning the employment authorization for under-aged children and the conditions under which such authorizations may be made.

Part V of the report form.  The Committee 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, etc.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 2, paragraph 1, of the Convention. The Committee has been pointing out that section 12 of the Employment Act (Chapter 512) which fixes the minimum age of 15 years for admission to employment does not give full effect to this provision of the Convention, which covers all economic activities, including work done outside any formal employment relationship. The Committee notes the Government's arguments to the effect that (i) household chores done by family members, (ii) work in family undertakings and (iii) work done in technical or other schools are not covered by the Convention. (i) The Committee agrees that the normal quantity of household chores done by family members is not covered by the Convention; (iii) as to work done in schools, the Convention explicitly provides for exceptions under Article 6; however, (ii) as to the work in family undertakings, the Committee recalls that the Government's first report did not indicate it as a category excluded from the application of the Convention under Article 4. It is necessary, therefore, to apply the minimum age to family undertakings, and also to the cases where children work on their own account. The Committee hopes that the Government will indicate the measures taken or envisaged to ensure the application of the Convention with regard also to family undertakings and children working on their own account.

Article 3. The Committee previously asked for information on regulations to be issued under paragraph 2 of section 17A of Act No. 14/1989 amending the Employment of Women, Young Persons and Children Act (Chapter 505) in order to determine the type of employment or work likely to jeopardize the health, safety or morals of young persons and therefore forbidden to them. It notes the Government's indication that the consultations on the matter with employers' and workers' organizations are being foreseen. The Committee hopes that the Government will be able to indicate the adoption of such regulations in its next report.

Article 7. The Committee notes the Government's reply that a review is being undertaken as regards the Employment of Women, Young Persons and Children Act and the Employment Act. The Committee hopes that both section 7(1)(b) of the Employment of Women, Young Persons and Children Act and section 12(1)(b) of the Employment Act will be brought into line with the Convention concerning the employment authorization for under-age children.

Point V of the report form. The Committee requests the Government to supply information on the application in practice of the Convention, including for instance statistical data, extracts from official reports and information on the number and nature of contraventions reported.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous general observation, the Committee notes with interest the Government's statement in the report that its policy is to proscribe child labour completely by offering compulsory primary education from grade one to nine, i.e. from the age of seven to 16. It would be grateful if the Government would supply statutory provisions concerning such compulsory schooling as well as information on the application in practice of such provisions inasmuch as it relates to the application of the Convention.

The Committee also notes with interest the 1996 report of the Committee on Women, Youth and Child Development submitted to the National Assembly. This report includes accounts of various social policies and actions taken either by the Government or by other bodies, such as the policy and measures regarding street children (paragraphs 6 and 7), the policy of the Ministry of Education aimed at ensuring access for every child to nine years of good quality education by the year 2015 (paragraph 10). The Committee also notes that a child development policy supplemented by a national programme of action for children has been formulated. It requests the Government to include in its report information on further developments in the activities of this committee and in the implementation of the above-mentioned policy and programme in so far as they have relevance to the application of the Convention, and in particular to the policy of effective abolition of child labour under Article 1 of the Convention.

The Committee further notes that the above committee recommended that the Government should proceed to hold consultations with a view to ratifying, among others, the Night Work of Young Persons (Industry) Convention, 19l9 (No. 6). Recalling that the protection of young workers from night work would reinforce the implementation of Article 3 of the Convention concerning the protection of children under 18 years from hazardous work, the Committee asks the Government to supply information on the developments in this regard.

A direct request concerning certain points is also being addressed to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's reply to its previous comments.

Article 2, paragraph 1, of the Convention. The Committee notes that no action has been taken to amend section 12 of the Employment Act (Chapter 512) so as to apply the minimum age of 15 years to all cases of admission to employment or work, including work done outside any employment relationship, as required by the Convention. It hopes that the Government will indicate the measures taken or envisaged in this respect.

Article 3. The Committee notes from the information supplied under Convention No. 123 that no regulations have been issued under paragraph 2 of section 17A of Act No. 14/1989 amending the Employment of Women, Young Persons and Children Act (Chapter 505) in order to determine the type of employment or work likely to jeopardise the health, safety or morals of young persons and therefore forbidden to them. It hopes that the Government will be able to indicate the measures adopted or envisaged under Act No. 14/1989.

Article 7. The Committee notes from the Government's reply that no employment authorisations have been delivered under section 7(1)(b) of the Employment of Women, Young Persons and Children Act and under section 12(1)(b) of the Employment Act. The Committee recalls that in its previous report the Government stated that measures are under consideration to amend both section 7(1)(b) of the Employment of Women, Young Persons and Children Act and section 12(1)(b) of the Employment Act to bring them into line with the Convention.

It hopes that measures previously contemplated will soon be taken, and that the Government will indicate the action taken.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee has noted the information supplied by the Government, in reply to its previous direct request, on the application of Article 6 of the Convention.

Article 2, paragraph 1 of the Convention. The Committee had noted that the Employment Act (Chapter 512), which lays down a minimum age of 15 for admission to employment, only applies to work done under a contract of services, whereas the Convention prescribes a minimum age for admission to employment or work, and also applies to work carried out outside any employment relationship, including work done on the worker's own account. The Committee hopes that the next report will indicate the measures taken or envisaged to extend the legal provisions on minimum age to all forms of work, in accordance with this Article of the Convention.

Article 3. The Committee notes with interest that action to amend section 8 of the Employment of Women, Young Persons and Children Act (Chapter 505) has already been initiated. It therefore hopes that a general provision will be introduced to provide that persons under 18 years cannot be admitted to employment or work likely to jeopardise their health, safety and morals, in accordance with paragraph 1 of Article 3 of the Convention, and that such types of employment or work shall be determined by the competent authority after consultation with the organisations of employers and workers concerned, in accordance with paragraph 2 of this Article.

Article 7. The Committee has noted the information given by the Government. It requests the Government to indicate in its next report the number of employment authorisations delivered annually under section 7(1) of Chapter 505 and section 12(2) of Chapter 512.