Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Zambie (Ratification: 2001)

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Articles 3 and 7(2) of the Convention. Worst forms of child labour and direct assistance for the removal of children from the worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Begging. Following its previous comments, the Committee notes the Government’s information, in its report, that it has continued to implement programmes aimed at the removal, rehabilitation and reintegration of children found on the streets. As a result, 341 children were removed from the streets and taken to skills training centres in their respective districts.

In addition, the Committee observes that, according to section 167(1)(b) of the new Children’s Code, Act No. 12 of 2022, a child is considered in need of care and protection if he or she is destitute, found begging or receiving alms. The definition of “child” under the Children’s Code (section 2) is the same as the one provided for under the Constitution (Article 266), which is a “person who has attained, or is below, the age of eighteen years”. Sections 168 and following of the Children’s Code provide for the procedure to be followed once a child in need of care and protection is identified including, for instance, conveyance to a place of safety, court proceedings for the determination of the status of the child (whether he or she is in need of care and protection), and orders for the protection of such children (supervision, care, residence, or else). The Committee requests the Government to continue providing information on the measures taken to protect children in street situations from the worst forms of child labour, as well as on the results achieved in terms of the number of children begging in the streets who have been removed and rehabilitated and social integrated. The Committee also requests the Government to provide information on the application in practice of section 167(1)(b) of the Children’s Code regarding children found begging who have been considered in need of care and protection, and who have benefited from the protective measures provided for under sections 168 and following of the Code.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on human trafficking. The Committee notes the Government’s information that the implementation of the National Action Plan on Human Trafficking, Mixed and Irregular Migration 2018–21 permitted the achievement of such results as awareness-raising, the rescue and protection of victims of trafficking, and partnerships with several governmental and non-governmental organization to combat trafficking (including the ILO, UNODC, IOM and UNICEF). The Committee notes that the Government has adopted the National Policy on Human Trafficking and Smuggling of Migrants 2022-25 (NAP-TiP). According to the document of the NAP-TiP, Zambia has reported an increase in cases of trafficking, including of children, for the purpose of sexual exploitation, domestic servitude and forced labour. Drivers of internal trafficking include poverty, traditional beliefs, cultural practices, unregulated labour practices and limited awareness on internal trafficking including limited capacity to identify, investigate and prosecute trafficking cases. Therefore, the NAP-TiP adopts a four pillars (4P’s) approach: (1) prevention; (2) prosecution; (3) protection; and (4) partnerships. The Committee requests the Government to provide information on the implementation and results of the NAP-TiP as regards child trafficking for labour or sexual exploitation, including in the areas of prevention of child trafficking and identification of victims under the age of 18.