Update of Child Labor Information for Zimbabwe

UNCLAS SECTION 01 OF 03 HARARE 001669 SIPDIS DOL/ILAB FOR TFAULKNER, DRL/IL FOR MHARPOLE ¶E. O. 12958: N/A TAGS: ELAB ECON ZI SUBJECT: Update of Child Labor Information for Zimbabwe Ref: a) State 193266 b) 02 Harare 2293 c) 02 State 168607 ¶1. Summary. Given the ongoing political, economic, and governance crises in Zimbabwe, little attention has been paid to elimination of child labor. Zimbabwe has ratified both ILO Convention 138 (Minimum Age Convention)and ILO Convention 182 (Convention on the Prohibition and Elimination of the Worst Forms of Child Labor),and both conventions are supported by existing law. As stated ref b, however, increased enforcement of existing child labor laws awaits resources. One significant development during the past year is the passage of the long-awaited Labor Relations Amendment Act. However, although that law does incorporate previous statutory rules into the resultant "Labour Act," it does little to add any new protection to existing laws affecting child labor. Specific sections of the amended Labour Act are cited below. End Summary. -------------- -------------- A: LAWS AND REGULATIONS PROSCRIBING THE WORST FORMS OF CHILD LABOR -------------- -------------- ¶2. The previous Section 11 of the Labor Relations Act entitled "Contracts by Young Persons" was repealed and replaced by the new Section 11 in the Labour Act, "Employment of Young Persons." This section also incorporates legislation previously enacted as Statutory Instrument 155 of 1999, Employment of Children and Young Persons. Under the law, as amended, a child can work between the ages of 13 and 15 as an apprentice or if the work is "an integral part of [or in conjunction with] a course of training or technical or vocational education." The law further states that no person under 18 shall perform any work "likely to jeopardize that person's health, safety or morals." The status of children between 15 and 18 years of age is not directly addressed, but presumably 15 years of age is still the minimum for light work, work other than apprenticeship, or work associated with vocational education. ¶3. The Labour Act also prohibits forced labor in Section 4A. However, the following category is excluded from the definition of "forced labor": "(2)(c) any labour required from a member of a disciplined force in pursuance of his duties as such or any labour required of any person by virtue of an enactment in place of service as a member of any such force or service..." Although the legislative basis for compulsory service in the National Youth Service (see Para 9) is not clear, presumably this section would exclude such service from a definition of "forced labor." Similarly, the following category is excluded from the definition of "forced labor": "(d) any labour required by way of parental discipline." -------------- -------------- B: LAWS AND REGULATIONS FOR THE IMPELEMENTATION AND ENFORCEMENT OF PROSCRIPTIONS AGAINST THE WORST FORMS OF CHILD LABOR -------------- -------------- ¶4. Remedies continue to be applied under existing law, since separate legislation to implement ILO Convention 182 has not been developed. Under the amended Labour Act, persons violating Section 11, Employment of Young Persons, "shall be guilty of an offence and liable to a fine not exceeding thirty thousand dollars or to imprisonment not exceeding two years or to both such fine and such imprisonment." Given the ongoing economic crisis, with inflation topping 399.5% and the parallel exchange rate running at $5000:$1, a fine of Z$30,000 equals US $6.00 -- not a great deterrent. Persons violating Section 4A, Prohibition of Forced Labor, "shall be guilty of an offence and liable to a fine not exceeding level seven [not defined] or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment." -------------- -------------- C: FORMAL INSTITUTIONAL MECHANISMS TO INVESTIGATE AND ADDRSS COMPLAINTS RELATING TO THE WORST FORMS OF CHILD LABOR -------------- -------------- ¶5. No new formal institutional mechanisms have been established since last year's report. Complaints regarding child labor continue to be handled by the same authority which oversees labor inspection as a whole. This area will not improve without targeted legislation and significant new resources. -------------- -------------- D: SOCIAL PROGRAMS TO PREVENT THE ENGAGEMENT OF CHILDREN IN THE WORST FORMS OF CHILD LABOR -------------- -------------- ¶6. Few new social initiatives to prevent child labor have been implemented. Private education costs have continued to spiral out of the reach of even many middle-class families, and some poorer families have been forced to take their children out of public schools due to prohibitive school fees. Food security and provision of healthcare continue to decline, and children continue to be called upon to work in support of families devastated by hunger, illness, and premature death. The continuing HIV/AIDS pandemic, with approximately 3000 people dying from AIDS-related causes each week (2001 estimate),exacerbates the problem. Some children are forced to work as heads-of-household when the primary wage-earners succumb to the disease. Due the imposition of a universal AIDS levy on all formal sector wage-earners, however, some programs to ease the burdens of HIV/AIDS affected children or child-headed households have been created. Monies from the AIDS levy have been allocated through the National Aids Council to District Action Committees for some specific programs, including: orphan assistance, support for costs of schools (including food, shelter and clothing),income generation projects for children or orphans of AIDS patients, and research for identifying orphan needs and problems. -------------- -------------- ¶E. COMPREHENSIVE POLICY AIMED AT THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR -------------- -------------- ¶7. Despite continued agreement between the GOZ, labor and employers as to the necessity of a comprehensive strategy to eliminate the worst forms of child labor, no such policy has yet been developed. Given the complex and interlinked crises currently facing Zimbabwe, the resources for implementing a comprehensive policy do not exist. -------------- -------------- ¶F. CONTINUAL PROGRESS TOWARD ELIMINATING THE WORST FORMS OF CHILD LABOR -------------- -------------- ¶8. There has been no discernible progress on the part of the GOZ toward eliminating the worst forms of child labor since last year's report (ref b). Due to the continuing economic collapse, as well as the increasing impact of the HIV/AIDS mortality rate on family structures, many more children are required to work in order to ensure the survival of their families. However, with the exceptionally high unemployment rate (currently estimated at over 75%), working children continue to compete for formal-sector jobs with the adult population. As a result, most child labor occurs in the growing informal sector. Some working children find employment on the remaining commercial (primarily horticultural) farms, while most continue to work at illegal gold panning, street vending, watching cars for tips, begging, collecting firewood, and performing domestic or gardening work. Other work, which may or may not earn money, includes herding, working on family garden plots, fishing, hunting, providing childcare, or helping in a family business. ¶9. Compulsory service in the National Youth Service program remains problematic (ref b). To date, no legal basis for the "compulsory" nature of this service has ever been articulated. Currently, it is GOZ policy for the service to be considered "compulsory," and while nobody has actually been jailed for refusing the service, entrance to most GOZ- supported tertiary training programs and the armed and civil service now requires a certificate from the training camps. One teacher training college in Masvingo was advised last year that its new incoming class was to be drawn solely from a list of National Youth Service graduates, displacing students who had already been admitted. ¶10. Although this service does not arise to the level of forced labor as child soldiers, the graduates of Border Gezi- style training camps (locally labeled as "Green Bombers") have been publicly used as pro-GOZ adjunct militia. For instance, during an opposition-called stayaway in June, hundreds of the youths were deployed in Harare in a successful bid to prevent opposition supporters from gathering for a mass demonstration. Youth militia members have been highly visible in their role as "security" for food relief operations and "patrols" during by-elections. Many Zimbabwe residents fear the youths, who often travel in groups, wearing paramilitary garb, and carrying sticks, batons, or sjamboks (whips). A number of the urban residents who were reportedly harassed and beaten during the lead-up to the most recent by-elections in Harare indicated that Green Bombers were behind the harassment. While some Zimbabweans urge their sons and daughters to avoid the compulsory service, others (particularly the more impoverished) have supported their children's entrance into the training camps in the hopes of better access to GOZ- operated university education or civil and military service jobs. -------------- COMMENT -------------- ¶11. While some progress has been seen in the development of programs to support AIDS/HIV affected children, very little measurable progress has been made in eliminating the worst forms of child labor since last year's report. As stated last year, the problem of child labor has been eclipsed by the protracted economic decline in Zimbabwe. The conclusion from last year's report remains applicable: the GOZ will be unable to address the elimination of the worst forms of child labor until it is able to alleviate at least some of the other interlinked crises currently facing the country. Sullivan