ZIMBABWE CHILD LABOR INFORMATION UPDATE FOR TRADE

UNCLAS SECTION 01 OF 03 HARARE 002971 SIPDIS DEPT FOR ILAB/CHRIS CAMILLO, DRL/IL ERIC BARBORIAK USDOC E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI ZI SUBJECT: ZIMBABWE CHILD LABOR INFORMATION UPDATE FOR TRADE AND DEVELOPMENT ACT (GSP) REF: STATE 139746 ¶1. SUMMARY: THE WORST FORMS OF CHILD LABOR, SUCH AS CHILD SWEATSHOPS AND CHILD PROSTITUTION, ARE NOT WIDELY PRACTICED IN ZIMBABWE. STRONG LAWS, MOST INCLUDED IN THE CHILD ADOPTION AND PROTECTION BILL, PROTECT CHILDREN BELOW THE AGE OF 18 FROM HARSH WORK AND EMPLOYMENT CONDITIONS. A DRAFT AMENDMENT, THAT WOULD EXPAND AND TOUGHEN THE PROSCRIPTIONS OF THE CHILD PROTECTION BILL, HAS BEEN IN THE WORKS SINCE 1999. LEGISLATORS TELL US THAT THE AMENDED BILL MAY SEE MOVEMENT IN THE PARLIAMENT LATE THIS YEAR OR EARLY NEXT, AND THAT THE PROBLEM IS THAT IT HAS BEEN SEEN AS A WORK IN PROGRESS WITH NONE WILLING TO FINALIZE THE DRAFT. ZIMBABWE IS A SIGNATORY TO ILO CONVENTION 138, BUT CONVENTION 182, WHILE RATIFIED BY PARLIAMENT, IS NOT YET LAW. THE NATIONAL CHILD LABOR SURVEY CONDUCTED IN 2000 REVEALED THAT ABOUT 25 PERCENT OF CHILDREN IN ZIMBABWE BETWEEN THE AGES OF 5 AND 17 WERE INVOLVED IN SOME FORM OF CHILD LABOR AT VARIOUS TIMES DURING THE YEAR. THE MAJOR CAUSE OF CHILD LABOR IS THE NEED TO SUPPLEMENT HOUSEHOLD INCOMES PRIMARILY CAUSED BY POVERTY DUE TO THE WORSENING MACRO ECONOMIC SITUATION, FAMILY BREAKDOWN, AND HIV/AIDS. BASED ON INFORMATION PROVIDED BY THE SURVEY, GOZ OFFICIALS AND KEY STAKEHOLDERS HAVE CONCLUDED THERE IS NO EVIDENCE TO SUGGEST THAT THE WORST FORMS OF CHILD LABOR ARE BEING CONDUCTED IN ZIMBABWE. END SUMMARY. ¶2. WE TOOK ADVANTAGE OF A RECENT SADC MEETING HELD SEPTEMBER 17-21 IN HARARE OF EXPERTS ON CHILD LABOR TO COME UP TO SPEED ON THE CHILD LABOR ISSUE IN ZIMBABWE. THE OBJECTIVE OF THE MEETING WAS TO EXAMINE REGIONAL SADC COMPLIANCE WITH ILO CONVENTIONS 138 AND 182 ON CHILD LABOR, AND THE ROLE OF LABOR INSPECTIONS. GOVERNMENT OF ZIMBABWE (GOZ) LABOR OFFICIALS FROM THE MINISTRY OF PUBLIC SERVICE, LABOR AND SOCIAL WELFARE, THE MINISTRY OF HEALTH AND CHILD WELFARE, TRADE UNION OFFICIALS, AND REPRESENTATIVES FROM THE ILO AND SEVERAL NGOS ATTENDED THE MEETING. THE INFORMATION IN THIS MESSAGE WAS DRAWN FROM POST DISCUSSIONS WITH THE FOLLOWING CONTACTS UNCLASSIFIED PAGE 03 HARARE 02971 01 OF 03 060629Z AND LABOR OFFICIALS (MANY OF WHOM ATTENDED THE SADC MEETING HELD IN HARARE): --- DR. JACKSON NKURLU, SENIOR SPECIALIST, WORKING CONDITIONS AND ENVIRONMENT, ILO/SAMAT; -- MR. POEM MUDYAWABIKWA, PRINCIPAL LABOR RELATIONS OFFICER, INTERNATIONAL RELATIONS DESK, MINISTRY OF PUBLIC SERVICE, LABOR AND SOCIAL WELFARE; -- VARIOUS UNICEF OFFICIALS; -- GEBRE GEBREMARIAM, REGIONAL REPRESENTATIVE, AMERICAN CENTER FOR INTERNATIONAL LABOR SOLIDARITY. -------------- CHILD LABOR IN ZIMBABWE -------------- ¶3. THE ZIMBABWE LABOR RELATIONS ACT OF 1985, THE CHILD PROTECTION AND ADOPTION ACT OF 1972(AMENDED BY ACT 26 OF 1989) AND A NUMBER OF OTHER ACTS PERTAINING TO CHILD LABOR PROTECT CHILDREN IN ZIMBABWE AND PROHIBIT VARIOUS FORMS OF IT. THESE LAWS BAN THE FULL TIME EMPLOYMENT OF CHILDREN UNDER THE AGE OF 15, AND RESTRICT EMPLOYMENT OF THOSE BETWEEN THE AGES OF 12 AND 17 TO LIGHT WORK DURING SCHOOL HOLIDAYS FOR PERIODS NOT EXCEEDING SIX HOURS PER DAY. LIGHT WORK IS DEFINED AS WORK NOT LIKELY TO PREJUDICE A CHILD'S EDUCATION, HEALTH, SAFETY, REST, OR SOCIAL, PHYSICAL, OR MENTAL DEVELOPMENT. ALL HAZARDOUS EMPLOYMENT, OVERTIME, AND NIGHT SHIFT WORK IS BANNED FOR THOSE UNDER THE AGE OF 18. HOWEVER, ENFORCEMENT OF THESE LAWS IS NOT STRONG, THOUGH MISSION EXPERIENCE AND OBSERVATION INCLUDING FEEDBACK FROM FSNS INDICATES THAT, ESPECIALLY GIVEN THE HIGH ADULT, FORMAL UNCLASSIFIED PAGE 04 HARARE 02971 01 OF 03 060629Z UNEMPLOYMENT RATE OF 65 PERCENT PLUS, VIOLATIONS ARE LIKELY TO BE FEW. ALTHOUGH SCHOOLING IS NOT COMPULSORY, OVER 90 PERCENT OF CHILDREN ATTEND SCHOOL THROUGH GRADE 5. ¶4. NEVERTHELESS, CHILD LABOR IS FAIRLY COMMON. CHILDREN WORK IN THE AGRICULTURAL SECTOR, AND THERE ARE REPORTS THAT CHILDREN WORK AS DOMESTICS. CHILDREN, PLYING AS CAR-WATCHERS ON THE STREET, ARE A COMMON SIGHT. CHILD LABOR IN THE FORMAL AGRICULTURAL SECTOR, SUCH AS ON TEA AND COFFEE PLANTATIONS, INVOLVES CHILDREN WORKING IN THE FIELDS AFTER SCHOOL DURING THE PLANTING AND HARVESTING SEASONS AND FULL-TIME DURING SCHOOL HOLIDAYS. OFTEN THE CHILDREN INVOLVED IN THIS TYPE OF ACTIVITY COME FROM ADJOINING COMMUNAL LANDS THAT LACK SCHOOLS, AND IN EXCHANGE ATTEND THE PLANTATION OR FARM SCHOOL. LONG HOURS AT SOME ESTATES ARE REPORTEDLY COMMON. IN AGRICULTURE, BOTH FORMAL AND INFORMAL SECTORS, CHILDREN OFTEN WORK ALONGSIDE THEIR PARENTS AND THEIR WORKING CONDITIONS APPROXIMATE THOSE OF ADULTS. WHILE SOME FORM OF CHILD LABOR ON LARGE COMMERCIAL FARMS IS WIDESPREAD, AGRICULTURAL ORGANIZATIONS MAINTAIN THAT THE LABOR PERFORMED IS NOT EXPLOITATIVE, INVOLUNTARY, CONTRARY TO LAW, OR OUTSIDE OF CULTURAL NORMS THAT ALLOW CHILDREN TO ENGAGE IN FIELD WORK WITH THEIR FAMILIES. ON SOME FARMS WHERE WORKERS' CHILDREN UNCLASSIFIED UNCLASSIFIED PTQ1633 PAGE 01 HARARE 02971 02 OF 03 060630Z ACTION LAB-01 INFO LOG-00 AF-00 AID-00 CA-01 CIAE-00 COME-00 DODE-00 SRPP-00 EB-00 UTED-00 H-01 TEDE-00 INR-00 IO-00 L-00 NSAE-00 NSCE-00 OCS-03 OIC-02 PRS-00 P-00 SP-00 SS-00 STR-00 TRSE-00 USIE-00 PRM-01 DRL-02 G-00 SAS-00 /011W -------------- 2ABF1A 060630Z /75 P 050854Z OCT 01 FM AMEMBASSY HARARE TO SECSTATE WASHDC PRIORITY 9895 DEPT OF LABOR WASHDC PRIORITY INFO USMISSION GENEVA UNCLAS SECTION 02 OF 03 HARARE 002971 SIPDIS DEPT FOR ILAB/CHRIS CAMILLO, DRL/IL ERIC BARBORIAK USDOC E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI ZI SUBJECT: ZIMBABWE CHILD LABOR INFORMATION UPDATE FOR TRADE AND DEVELOPMENT ACT (GSP) ATTEND DISTRICT BOARDING SCHOOLS OPERATED BY A GROUP OF FARMS, SCHOOL SCHEDULES AND CALENDARS ARE TAILORED TO ALLOW CHILDREN TO WORK DURING BUSY FARMING PERIODS. ECONOMIC REALITIES IN THE RURAL AREAS, AND THE LACK OF GOVERNMENT EDUCATION FACILITIES, MAKES THIS ARRANGEMENT A NECESSITY FOR MANY FAMILIES AND COMPETITION FOR AVAILABLE SLOTS IS HIGH. UNCLASSIFIED PAGE 02 HARARE 02971 02 OF 03 060630Z ¶5. ABOUT 35 PERCENT OF THE ADULT POPULATION IS NOW INFECTED WITH HIV/AIDS. AS A RESULT, AN INCREASING NUMBER OF CHILDREN ARE WORKING IN THE INFORMAL SECTOR TO FILL THE INCOME GAP LEFT BY ILL OR DECEASED RELATIVES. THE NUMBER OF CHILDREN IN ADOPTIVE HOMES OR LIVING ON THE STREETS IS INCREASING RAPIDLY. AS THE ADULT UNEMPLOYMENT RATE CONTINUES TO GROW, THE NUMBER OF CHILDREN EMPLOYED IN THE FORMAL SECTOR DECREASES. THE INCIDENCE OF CHILDREN WORKING IN THE INFORMAL SECTOR HAS INCREASED, HOWEVER, AS FAMILIES, OFTEN HEADED BY CHILDREN, NEED A SOURCE OF INCOME. MANY CHILDREN SELL SIMPLE WARES ON THE STREETS. IN ADDITION, POLICE HAVE REPORTED AN INCREASING NUMBER OF GIRLS UNDER 17 ENGAGED IN PROSTITUTION. CONCRETE DATA ON THE NUMBERS INVOLVED IN SUCH ACTIVITIES ARE NOT AVAILABLE. THE POLICE FREQUENTLY ENFORCE LAWS AGAINST CHILD PROSTITUTION. IN ADDITION, THE SEXUAL OFFENSES ACT, WHICH WAS SIGNED INTO LAW IN AUGUST, PROVIDES FOR A FINE OF UP TO $115 (Z$35,000) OR IMPRISONMENT OF UP TO 7 YEARS FOR THOSE CONVICTED OF PROSTITUTING CHILDREN UNDER THE AGE OF 12. IT ALSO PROVIDES FOR A FINE OF UP TO $167 (Z$50,000) AND IMPRISONMENT OF UP TO 10 YEARS FOR "PROCURING ANOTHER PERSON TO BECOME A PROSTITUTE AND HAVE SEX WHETHER INSIDE OR OUTSIDE ZIMBABWE". ¶6. THOUGH THE LAW PROHIBITS FORCED AND BONDED LABOR BY CHILDREN; THE TRADITIONAL PRACTICE OF OFFERING A YOUNG GIRL AS COMPENSATORY PAYMENT IN INTERFAMILY DISPUTES CONTINUES WE ARE TOLD. THERE WERE ALSO REPORTS THAT CHILDREN WERE TRAFFICKED FROM THE COUNTRY TO SOUTH AFRICA FOR FORCED PROSTITUTION AND FORCED LABOR. IN SEPTEMBER 2000, THE GOVERNMENT RELEASED THE RESULTS OF AN ILO-FUNDED STUDY ON UNCLASSIFIED PAGE 03 HARARE 02971 02 OF 03 060630Z CHILD LABOR IN THE COUNTRY. THE STUDY CONCLUDED THAT THE WORST FORMS OF CHILD LABOR, SUCH AS CHILD SWEATSHOPS AND CHILD PROSTITUTION, ARE NOT WIDELY PRACTICED IN ZIMBABWE. -------------- COMING LEGISLATION -------------- ¶7. CURRENTLY THE GOVERNMENT, PARLIAMENT, THE ORGANIZED LABOR COMMUNITY, WOMEN'S GROUPS AND VARIOUS OTHER ADVOCATES ARE INVOLVED IN THE PREPARATION OF DRAFT LEGISLATION THAT WILL EXPAND ZIMBABWE'S CHILD LABOR PROTECTION LAWS. THE DRAFT AMENDMENT BILL (TITLED AMENDMENT BILL OF THE CHILD PROTECTION AND ADOPTION ACT 1972) WILL INCLUDE, WE ARE TOLD, MANY OF THE SADC MEETING'S RECOMMENDATIONS AS WELL AS ILO CONVENTION 182. POST WILL FORWARD TO DOL A COPY OF THE BILL WHEN AVAILABLE. ¶8. THE SADC MEETING RECOMMENDATIONS TO BE INCLUDED IN THE DRAFT AMENDMENT BILL ARE: -- LABOR INSPECTION SERVICES SHOULD DEVELOP FULLY FUNCTIONAL SYSTEMS AND POLICIES, PROVIDING THEM WITH ADEQUATE RESOURCES TO FULLY MEET THEIR OBLIGATIONS UNDER THE ILO CONVENTIONS. -- LABOR INSPECTION SERVICES SHOULD ESTABLISH OR STRENGTHEN MECHANISMS TO CO-ODINATE ACTION TO COMBAT CHILD LABOR, ITS WORST FORMS, INCLUDING CO-ODINATING MECHANISMS THAT INVOLVE THE SOCIAL PARTNERS AND OTHER KEY STAKEHOLDERS. -- NATIONAL LEGISLATION SHOULD BE IN PLACE FOR COMBATING CHILD LABOR; PARTICULARLY ITS WORST FORMS BOTH IN THE FORMAL UNCLASSIFIED PAGE 04 HARARE 02971 02 OF 03 060630Z AND INFORMAL ECONOMY AND WHERE NECESSARY, AMEND LEGISLATION TO ENSURE UNIVERSAL COVERAGE. -- GOZ SHOULD ENSURE THAT STRATEGIES INCLUDING MONITORING PRIORITIES ARE BASED ON HIGH QUALITY NATIONAL DATA ON THE NATURE AND EXTENT OF CHILD LABOR DESEGREGATED IN THE MANNER SUGGESTED IN PARAGRAPH 5(2) OF THE WORST FORMS OF CHILD LABOR RECOMMENDATIONS. -- GOZ SHOULD DEVELOP MULTI-DISCIPLINARY AND INTEGRATED APPROACHES TO MONITORING WHICH BUILD UPON THE COMPARATIVE ADVANTAGES AND COMPLIMENTARY COMPETENCIES OF THE DIFFERENT ACTORS INCLUDING THE LABOR INSPECTION SERVICES, WORKERS AND EMPLOYERS ORGANIZATIONS, VOLUNTARY SOCIAL INITIATIVES, NGOS AND CBOS. -- LABOR INSPECTION SERVICES, IN CONSULTATION WITH THE MOST REPRESENTATIVE NATIONAL EMPLOYERS AND WORKERS ORGANIZATIONS AND WHERE APPROPRIATE, WITH OTHER CONCERNED GROUPS, SHOULD DEVELOP A SPECIFIC ENFORCEMENT POLICY TO DEAL EFFECTIVELY WITH CHILD LABOR, IN PARTICULAR ITS WORST FORMS. -- LABOR INSPECTION SERVICES SHOULD DEVELOP A SPECIFIC CLEAR UNCLASSIFIED UNCLASSIFIED PTQ1635 PAGE 01 HARARE 02971 03 OF 03 060631Z ACTION LAB-01 INFO LOG-00 AF-00 AID-00 CA-01 CIAE-00 COME-00 DODE-00 SRPP-00 EB-00 UTED-00 H-01 TEDE-00 INR-00 IO-00 L-00 NSAE-00 NSCE-00 OCS-03 OIC-02 PRS-00 P-00 SP-00 SS-00 STR-00 TRSE-00 USIE-00 PRM-01 DRL-02 G-00 SAS-00 /011W -------------- 2ABF20 060631Z /75 P 050854Z OCT 01 FM AMEMBASSY HARARE TO SECSTATE WASHDC PRIORITY 9896 DEPT OF LABOR WASHDC PRIORITY INFO USMISSION GENEVA UNCLAS SECTION 03 OF 03 HARARE 002971 SIPDIS DEPT FOR ILAB/CHRIS CAMILLO, DRL/IL ERIC BARBORIAK USDOC E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI ZI SUBJECT: ZIMBABWE CHILD LABOR INFORMATION UPDATE FOR TRADE AND DEVELOPMENT ACT (GSP) AND CONSISTENT ENFORCEMENT POLICY TO DEAL EFFECTIVELY WITH EXTREMELY HAZARDOUS FORMS OF CHILD LABOR, ADDRESSING IN PARTICULAR ISSUES WHEN TO STOP WORK WITH IMMEDIATE EFFECT AND TO REMOVE CHILDREN FROM WORK-PLACES -- LABOR INSPECTION SERVICES SHOULD MAINSTREAM CHILD LABOR UNCLASSIFIED PAGE 02 HARARE 02971 03 OF 03 060631Z MONITORING INTO THEIR CORE FUNCTIONS, PROGRAMS AND ACTIVITIES IN LINE WITH ARTICLE 3, PARAGRAPH 1 OF CONVENTION 81 AND ARTICLE 6, PARAGRAPH 1 OF CONVENTION 129. -- LABOR INSPECTION SERVICES SHOULD DEVELOP OBJECTIVELY MEASURABLE IMPACT INDICATORS TO ASSESS THE EFFECTIVENESS OF CHILD LABOR MONITORING SYSTEMS. -- GOZ SHOULD ENSURE THAT MONITORING SYSTEMS ARE CLOSELY LINKED TO SOCIAL PROTECTION SYSTEMS TO ENSURE THAT CHILDREN REMOVED FROM THE WORST FORMS OF CHILD LABOR ARE ENSURED ACCESS TO FREE BASIC EDUCATION AND WHEREVER POSSIBLE AND APPROPRIATE, VOCATIONAL TRAINING, SO THAT THEY ARE NOT FURTHER MARGINALIZED OR DRIVEN INTO EVEN MORE UNACCEPTABLE WORK. -- GOZ SHOULD CONTINUOUSLY PURSUE THE GOAL OF COMPULSORY UNIVERSAL BASIC EDUCATION AS THE MOST COST-EFFECTIVE STRATEGY OF COMBATING CHILD LABOR AND SOLICIT FROM INTERNATIONAL DEVELOPMENT PARTNERS SUPPORT INCLUDING RELIEF. -- GOZ LABOR INSPEQON SERVICES SHOULD FURTHER STRENGTHEN REGIONAL AND INTERNATIONAL CO-OPERATION IN CHILD LABOR MONITORING, FOR INSTANCE THROUGH THE INTERNATIONAL ASSOCIATION OF LABOR INSPECTION (IALI). SULLIVAN UNCLASSIFIED >