Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 138) sur l'âge minimum, 1973 - Zimbabwe (Ratification: 2000)

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee noted that the Labour Act of 2002 and the Labour Relation Regulations of 1997 do not apply to self-employed workers. The Committee also noted the allegation of the Zimbabwe Congress of Trade Unions (ZCTU) that the informal economy is among the sectors where child labour is the most common. Moreover, the Committee noted the information from the 2008 ILO–IPEC Draft Rapid Assessment Survey on the worst forms of child labour in Zimbabwe (ILO–IPEC Rapid Assessment Survey) that a full 87 per cent of children surveyed were self-employed.

The Committee notes the Government’s indication that the Children’s Act [Chapter 5:06] prohibits parents and guardians from allowing their children to engage in employment, in addition to protecting all children from forms of ill treatment, exploitation and neglect. In this regard, the Committee notes that section 10A(1)(a) of the Children’s Act states that no parent or guardian of a child or young person of school-going age shall knowingly cause or permit the child or young person to absent himself from school in order to engage in employment for gain or reward (punishable by a fine not exceeding two thousand five hundred dollars and/ or to imprisonment of a period not exceeding six months). The Government also indicates that it views children engaged in work on their own account as children in need of care and that there are specific mechanisms in place to ensure that such children are identified and put in places of safety. The Committee notes the Government’s acknowledgement that, notwithstanding the comprehensive legal provisions that prohibit children from engaging in child labour, children are in practice found in employment situations. In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity, including the informal sector, and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated. Noting the large number of children working on their own account as identified in the 2008 ILO–IPEC Rapid Assessment Survey, the Committee requests the Government to strengthen its efforts to ensure that children working outside an employment relationship, particularly on those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. It requests the Government to provide information on the existing mechanisms which reach out to these working children and on the specific measures taken to strengthen such initiatives.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, while section 5 of the Education Act of 1996 states that it is the objective for primary education to be compulsory for every child of school-going age, in practice, primary education is neither free nor compulsory and that the quality of education is low. The Committee also noted the ZCTU’s allegation that very young children engaged in work to pay for their school fees. Moreover, the ZCTU indicated that school drop-outs are a common phenomenon. In this regard, the Committee further noted the statement in the draft Five-Year National Programme for the Elimination of the Worst Forms of Child Labour of April 2009, from the Ministry of Labour and Social Services, that the number of school drop-outs had been constantly increasing in recent years, affecting girls disproportionately. Lastly, the Committee noted the Government’s indication that it had launched various programmes, such as the Basic Education Assistance Module (BEAM), aimed at ensuring that children attend school.

The Committee notes the Government’s statement that it has put in place measures to ensure that all rural primary school students do not pay tuition fees, and that this is a step towards the reintroduction of free education in Zimbabwe. The Government indicates that it is committed to achieving basic education for all, by removing obstacles and ensuring that all children have access to education. The Government states that it is taking appropriate measures in this regard, such as the payment of grants and subsidies to schools. The Committee also notes the Government’s indication that it has continued to increase its funding for the BEAM.

The Committee further notes the Government’s indication that the Education Act was amended in 2006 to provide that primary education shall be compulsory for every child. However, the Committee observes that the Education Amendment Bill (to amend the Education Act), passed by the Senate in 2006, did not appear to address the issue of compulsory education. In addition, the Committee notes that, according to information from the 2011 UNESCO Education For All: Global Monitoring Report, primary education lasts from 6 to 12 years. The Committee therefore observes that the age at which compulsory schooling ends is two years below the current minimum age for admission to work of 14 years of age. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to adopt legislation which would fix the age of completion of compulsory schooling at 14, in line with the minimum age for admission to work. The Committee also encourages the Government to pursue its efforts to strengthen the functioning of the education system and to provide information on the impact of these programmes with regard to increasing school attendance rates and reducing school drop-out rates. Lastly, the Committee requests the Government to provide a copy of the Education Act, as amended in 2006, with its next report.

Article 6. Apprenticeship. The Committee previously noted that section 11(1)(a) and (3)(b) of the Labour Act of 2002 permit the employment of apprentices from the age of 13 years. The Committee observed that permitting the employment of apprentices from the age of 13 years, pursuant to the Labour Act, was not in conformity with Article 6 of the Convention.

The Committee notes the Government’s statement that this matter is currently being considered in the context of the ongoing labour law reform process, with a view to raising the minimum age for admission to apprenticeship in conformity with Article 6 of the Convention. In this regard, the Committee notes the Government’s indication that the principle of raising the minimum age for admission to apprenticeships has been adopted by the social partners. The Committee urges the Government to pursue its efforts within the framework of the ongoing labour law reform process, to ensure the establishment of a minimum age of admission to apprenticeship of no lower than 14 years of age, in conformity with Article 6 of the Convention.

Article 7(3). Determination of light work. The Committee previously noted that section 3(4) of the Labour Relations Regulations establishes that children over 13 years of age may perform light work where such work is an integral part of a course of education or training and does not prejudice their education, health and safety. The Committee also noted that quite a number of children below 13 years of age were economically active; the 2004 labour force survey indicated that 406,958 children aged 5–14 were engaged in work for at least three hours per day. The Committee further noted the Government’s statement that it intended to consult with the social partners with a view to amending its legislation so as to detail the types of light work which may be undertaken by children from the age of 13 years and the conditions in which such work may be undertaken.

The Committee notes the information in the Government’s report that it is envisaged to include in the labour law reform process a determination of the types of light work that may be performed by children. The Government indicates that the revision of Statutory Instrument 155 of 1999 giving the schedule of light work will be done after the revision of the principal Act. The Committee requests the Government to pursue its efforts, within the reform process, to ensure a determination of the types of light work that may be performed by children from the age of 13 years. The Committee requests the Government to continue to provide information on progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the ZCTU’s allegations that, despite legislation applying the Convention, there is lack of enforcement due to the incapacity of labour inspectors. The ZCTU indicated that when breaches of the relevant legislation were detected, the cases took more than a year to be processed, both at the Department of Labour, and in the courts of law. The ZCTU further indicated that children in Zimbabwe often start work below the age of 13. The Committee also noted the information from the 2004 labour force survey that 42 per cent of children between the ages of 5–14 years were involved in economic child labour. The Committee further noted the information in the ILO–IPEC Rapid Assessment Survey that 68 per cent of child agricultural workers surveyed and 53 per cent of child domestic workers surveyed were 14 years old or younger. The Government indicates that it intended to address these sectors through the implementation of phase II of the Worst Forms of Child Labour Project. The Committee expressed its deep concern at the allegations of weak enforcement of child labour legislation, and at the large number of children under the age of 14 who are found to be working, especially in the agricultural sector and in household activities.

The Committee notes the Government’s statement that it is currently strengthening existing programmes to reach out to children engaged in child labour. The Committee also notes the Government’s statement that phase II of the Worst Forms of Child Labour Project is not yet underway, but that this phase will focus on the agricultural and domestic sectors. Lastly, the Committee notes the Government’s indication that the Zimbabwe Statistics Agency has recently concluded the labour force survey of 2011, and that these results will be communicated to the Office once available. The Committee urges the Government to pursue its efforts, within phase II of the Worst Forms of Child Labour Project, to reduce the number of children under the minimum age who are engaged in economic activities, especially with respect to children working in the agricultural sector and domestic services. The Committee also requests the Government to provide information from the 2011 Zimbabwe labour force survey, when it becomes available, on the number of children below the minimum age who are engaged in economic activities.