National Policy on Child Labour

ZAMBIA CONGRESS OF TRADE UNIONS NATIONAL POLICY ON CHILD LABOUR Foreword The problem of child labour has both global and national dimensions. The global challenges and issues of human development encompass various activities that either promote or hinder improvement in the standards of life. Child labour is one of the life threatening factors to the present and future generations in Zambia. Zambian Children engaged in labour activities are exposed to all-sorts of abuse, such as exploitation, lack of health facilities , education and safety, moral and psychological development. These children are engaged in hazardous activities in different sectors of our economy. Child labour is caused by a number of factors among them poverty, HIV/AIDS, domestic violence and negative societal attitudes in general. In view of the above and in realizing that child labour is a trade union issue; the Zambia Congress of Trade Unions (ZCTU) has recognized the need to fully participate in the fight against child labour. In consultation with other stakeholders, Congress has developed a national policy on child labour that will give guidance to trade unions and step up their fight in the elimination of child labour, with particular focus on prevention. Deliberate efforts will be employed to raise awareness on the risks, dangers and other negative effects of child labour, integrating child labour issues in trade union activities, give guidance to trade unions on various matters in respect of children's rights in the world of work, enhance protection and prevent their exploitation and exposure to hazardous work situations. It will also help Congress to continue to lobby and advocating for adoption of ILO Conventions on Children's Rights and adherence to appropriate legislation and practices. Th-is policy will compliment other stakeholders' policies and programmes including the Time Bound Programme (TBP), National Child Policy, Draft Child Labour Policy (when adopted by government), Employment of Children and Young Persons Act (2004), the ILO Conventions Numbers 138 and 182. Congress is committed to the attainment of its vision on the elimination of child labour and I therefore, urge all trade unions and other stakeholders to rise to the ch:~his policy. Leonard Hikaumba PRESIDENT i. Acknowledgement The formulation of the National Policy on Child Labour was subjected to comprehensive consultative process with stakeholders. It started with the formation of a Steering Group to oversee and monitor the adoption by the Policy formulating organs of the Congress and implementation of the Child Labour Policy at a Leadership Sensitisation Workshop. The work of the Steering Group was complemented by the independent consultants who were engaged to facilitate at the workshops and meetings to draft the National Policy on Child Labour with the help of the Department of Gender, Youth and Chi ld Development Zambia Congress of Trade Unions of ZCTU. Following the production of the policy framework, copies were distributed to Heads of Departments within the Congress and the Secretariat for their input. The Framework paper was then revised to take into consideration the views of the various officers. Copies of the revised Draft Policy were then sent to various stakeholders namely, National affiliates to the Congress, MLSS, ILO, ZFE, CHIN, COTU, NOTU, Global Union and members of the Steering Group for thei r input. These were consolidated at a Steering Group Implementation Planning Workshop where the National Child Labour Policy Draft was formulated, ready for presentation to the General Council for adoption. To publicise and market the Policy to the nation, affiliates and stakeholders, the adopted document shall be launched at a public gathering which will be attended by all stakeholders and to ensure effective implementation. Considering the time and effort spent in coming up with this Policy, I wish to sincerely pay tribute to the following institutions, partners and personnel who were instrumental in the development of the policy: • ILO, without whose financial and technical support, it would not have been possible to formulate th is Policy, ZCTU Steering Group members namely; Bright Sinkala of National Union Of Commercial and Industrial Workers (NUCIW), Flora Banda of University of Zambia Lecturers and Researchers Union (UNZALARU), Daines Lupande of National Union of Plantation and Agriculture Workers (NUPAW), Wisdom Chewe of Hotel Catering Workers Union of Zambia (HCWUZ), Joel Kamoko of Zambia National Union of Teachers (ZNUT), Vincent Lengwe Of Mineworkers Union of Zambia (MUZ), Olga Mwanza of Zambia Congress of Trade Unions (ZCTU), Stephen Mwansa (ZCTU), and Patrick Sakala of National Union of Building , Engineering and General Workers (NUBEGW) for their contributions and commitment during the drafting of the policy, ii. • Special thanks should go to Mr. Linus Chisanga, a Consultant and Bright Sinkala who worked tirelessly under difficult conditions with the Department of Gender, Youth and Child Development of ZCTU in facilitating and guiding the committee in carrying out the work, • I also wish to thank the affiliate unions who identified the technical staff that formed the Steering Group and secured permission on behalf of these members to participate in the drafting of the Policy. • Sincere thanks go to COTU of Kenya, NOTU of Uganda and the Ministry of Women and Youth in the Ugandan Government for the inspiration and sharing information, • Finally, special gratitude should go to Ms Merebi N Mushibwe and all Departmental Heads and Deputies in the Congress whose support led to the final production of the Draft National Policy. iii. TABLE OF CONTENTS Foreword ..... ..... .. ......................... ..... ...... ... ...... .. ................. .... . Acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Table of Contents............ ... .. ...... . ........ .. ........... ... ................. .... Iv. ABBREVIATIONS AND ACRONYMS .... ..... .. . ...... ... ... ......... ...... ... .. vi. DEFINITIONS OF TERMS... ..... ... ..... ......... ............... ... ................. vI1. 1.0 PREAMBLE .... .. ... .. .. .. ... ... .. . ..... .... .... .. ..... .... .. ..... .. .. .... .. .. 1. 1.1 VISION................. .... .... ... ... .. .... .... . .. ... .. ... .. .... ...... .......... 2. 1.2 MISSION STATEMENT.................................................... 2. 2.0 SITUATION ANALYSIS....................... . .................. ... ... .. .. 2. 2.1 MAJOR CAUSES OF CHILD LABOUR IN LABOUR............... 3. 2.1.1 Poverty....... ............ ...... ................. .. .............................. . 4. 2.1.2 HIV/AIDS..... ... .. ........ ................... ... ............................. 5. 2.1 .3 Unemployment /Underemployment .. . .. .. .... .. .. ... . .. ... . .. .... .... 6. 2.1.4 Lack of Strong Bargaining Power........... . ........................... 6. 2.1 .5 Lack of Domestication of ILO Convention No 138 and 182.. . ... 7. 3.0 PURPOSE OF THE POLICY .. . .. . .. . . . ... ... . . .. . .. . .. .. . . .. ... ... ... . 7. 3.1 Local Level...... .. . .. . . .. . .. .. . . . . .. . .. . . . . . . . . . . .. . .. . . . . .. . .. . .. . .. . .. . .. . 7. 3.2 National Level........ ........ ... ......... .. ........... ... . ........ . ........ 8. 3.3 International Level.............. .... .... ................. ............. .. ... 8. 4.0 SCOPE OF THE POLICY................ ....... .... ............ ... ..... 8. 5.0 POLICY STATEMENT ... ...... ..... ..... .. ... ...... ....... .. . ........ . 9. IV. 6.0 INTERVENTIONS AND STRUCTURES............................... .. 10. 7.0 SECTORS ASSOCIATED WITH CHILD LABOUR IN ZAMBIA 11. 7.1 Trade sector........................................ ......... .................. 11 7.2 Small Scale mining sector.................................................. 11 7.3 Agriculture and Fisheries sector.... ..... ... .... ..................... ..... 11 7.4 Manufacturing Sector.. . ..... . .... ........... ..... . ................... ... ..... 12 7.5 Hospitality Industry Sector......... ........... . ... ... ...................... 12 7.6 Transport Sector................................................ ..... ........ .. 12 8.0 STRATEGIC PLANS ... ... ...... ... ... ... ... ... .. . ...... ......... ......... .. 13 9.0 OPERATIONAL PLANS............ ............. ....................... ...... 13. 10.0 TERMS OF REFERENCE FOR THE CHILD LABOUR STEERING COMMITTEE ... ..... . ... .... .. ... ...... ... ...... ... ... ... ...... ...... ........ 14 11.0 MONITORING AND EVALUATION PLAN............ .................. 14. 11.1 Purpose................... ....................................................... . 14. 11.2 Framework of Monitoring and Evaluation............ ..................... 15 12.0 RESOURCES ... .. . ... ... ... ... ... .. . ... ... ... ... ... ... . .. ... ... ... ... .. . ... ... 15 13.0 IMPLEMENTATION. .... . .................................................... 15. 14.0 TIME TAB LE.............. .................................................. ... 15 15.0 DISSEMINATION .. . ...... ... ... ... ...... ... ... ... ... ... ... .. . ... ... .. . ....... 16. 16.0 IMPLEMENTATION FRAMEWORK ... ... ......... ...... ... ... ... ... ..... 17. V. ABBREVIATIONS AND ACRONYMS CHIN Children International Network CSO Central Statistical Office COTU Central Organisation of Trade Unions (Kenya) HCWUZ Hotel Catering Workers Union of Zambia HIV/AIDS Human Immune Virus/Acquired Immune Difficiency Syndrome ILO International Labour Organisation MLSS Ministry of Labour and Social Security MUZ Mineworkers Union of Zambia NOTU National Organisation Of Trade Unions (Uganda) NUBEGW National Union of Building, Engineering and General Workers NUCIW National Union of Commercial and Industrial Workers NUPAW National Union Of Plantation ,Agriculture and Allied Workers STI 's Sexually Transmitted Infections UN United Nations UNZALARU University of Zambia Lecturers and Researchers Union ZCTU ZFE ZNUT Zambia Congress of Trade Unions Zambia Federation of Employers Zambia National Union of Zambia VI. DEFINITIONS OF TERMS A child refers to a young person under sixteen years of age. Child labour refers to work that is mentally, physically, socially or morally dangerous and harmful to children's health it interferes with the physical, moral, social and mental development of the children. Worst Forms of child Labour is all forms of slavery using children for prostitution or pornography, using a child for illicit activities such as drug trafficking or work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of the child (ILO). Child Work is any work which a child can do safely under the supervision of parents or guardians, and helps the child to develop skills useful to grow into a responsible citizen in society. Poverty refers to a situation where people do not have adequate resources or income at household level which prevents children from enjoying their basic rights like education, enough food, clothing, shelter and good health. Underemployment is a situation in which a worker is employed, but not in the desired capacity, whether in terms of compensation , hours or level of skills and experience. Social responsibilities push unemployed people to compete for the available jobs that do not fit their skills to allow them use their talents. Unemployment refers to a situation where a person is available to work, is currently seeking work but, there is no work for that particular person to perform. An unemployed individual is unable to earn money to meet financial obligations. Convention is an International Treaty subject to ratification by ILO member States. Child abuse is where a child is coerced to involve for profit purposes by an adult or adults . The abuse include economic exploitation, particularly child labour, alcohol and drug abuse, child sale, trafficking and abduction, sexual exploitation and sexual abuse. Child sexual exploitation refers to child rape, use of a child for sexual abuse. It involves making children take part in sex, or being used in pornographic magazines and films. VII. 1.0 PREAMBLE ZCTU believes that children's rights are human rights also and therefore there is need to harmonise these rights with those of the employee at global and national levels. Children are capital investment in national development and as such deserve a smooth transition into adulthood. They have a right to proper childhood based on sound parental care that will eventually help them to make right choices and enjoy other freedoms. ZCTU recognizes that being involved in resolving the issues of child development is one of the ways of contributing to national prosperity and a good corporate image for the Congress and its affiliates. In line with the objectives, policy and strategies on youth and child development, ZCTU therefore, has a critical role to play in the prevention and elimination of child labour in Zambia through investigations, dissemination, lobbying and continuous advocacy. ZCTU pledges that it will undertake investigation, publicity, education and dissemination of information and development of data bases on child labour, monitoring and evaluation (review) of policy programmes, creating partnerships and structures for networking on the basis of common objectives with stakeholders at international and local levels. This is in conformity with the ZCTU Principle Objectives Article 3 (10) which states "To secure the ratification and application of international labour conventions" and Clause (11) "To promote and support legislation in the interest of workers in connection with legal rights of trade unions, industrial, health, training, safety, welfare and social security and any other matters the Congress may legally pursue." Principle Objectives clause 13 also states "To promote international friendship, cooperation, solidarity and fraternal understanding with all workers of the world". ZCTU also believes that in order to succeed in this noble cause, there shall be need for the cooperation of the employers. This is supported under Clause 14 of the Principle Objectives of ZCTU which gives guidance "To develop and maintain mutual cooperation with the employers' organizations in Zambia." It is with this obligation in mind that ZCTU will endeavour to empower its leaders with more and better negotiating, lobbying and advocacy skills. The ultimate goal in this effort is creating a labour-friendly environment where adults themselves will take their rightful roles as workers. In the same spirit, Congress will continue to work with and lobby the State to domesticate/harmonize labour legislation in Zambia with international conventions to eliminate child labour and its worst forms. It will equally, promote family values for youth and child development, work with existing institutions in family planning, taking . . responsibility for child care as an obligation to good parenthood in safeguarding the overall rights so as to ensure proper childhood development. ZCTU and its affiliates will therefore commit themselves in tackling problems of child labour and abuse with a sense of zero tolerance which will ultimately lead to elimination of child labour and its consequences. Based on a critical situational analysis on child labour in Zambia, the Congress has formulated practical policy inteNentions and evaluation systems for the eventual eradication of child labour. Various programmes, such as sensitization, will be undertaken in liaison with other stakeholders using the most appropriate media in English and local languages. 1.1 VISION The vision of the Child Labour Policy is to contribute to the transformation of Zambia into a country that is free from poverty, discrimination and injustice, through the creation of conditions that would allow employment for every able bodied woman and ; while safeguarding the rights of children through the prevention and elimination of all forms of child labour, exploitation and abuse. 1.2 MISSION STATEMENT Zambia Congress of Trade Unions, working on the basis of mutual cooperation with the government, employers, civil society organisations and other progressive elements in society will fully undertake the programme to prevent and eliminate child labour and all its consequences in all sectors of the Zambian society with integrity, honesty and transparency. In the process of striving to attain its Vision, the labour movement in Zambia will employ various programmes and strategies such as campaigns for rights to decent work for all, enhancing collective bargaining capacity of affiliate unions and building negotiating skills of the labour movement, through, among other things, stakeholder inclusion and wider consultation as a means of enhancing its capacity to leverage policy in both the local and international power politics and many others. 2.0 SITUATIONAL ANALYSIS The ILO fact sheet on child labour in Africa (2006) and the global report, indicated that about 595,000 children were involved in child labour in Zambia and 180 million children were engaged in some form of child labour around the world, out of which 8 million are in cases like prostitution, forced labour and armed conflict. The suNey reports that roughly 2.5 million children are economically active in developed economies and 2.4 million in the transition countries. Africa records the highest number of economically active children at 41 %. 2 . \ According to 2005/2006 Labour Survey almost 900,000 children in Zambia were considered child labourers and approximately 700,000 children were doing work that can be considered hazardous and a staggering 97% of all working children are in agriculture and related occupations. The Gemstone and Allied Workers Union also revealed that there were a lot of child labourers involved in gemstone mining working in deplorable conditions. The CSO 2007 Survey Report revealed that 70% of child labourers were working nearly in all the sectors and are exposed to hazardous conditions. The most prominent ones identified with high proportions of child labourers working in hazardous environment were trade, wholesale and retail, hospitality and manufacturing industry. Realizing the importance of combating child labour, there are compelling reasons why ZCTU sees the need to be involved in the campaign against child labour because: Child Labour issues derive from many social and economic problems such that the situation is so complex that the Government alone cannot resolve the problem; Unions have access to many adult workers and their families with whom they can share the importance of educating children, preventing children from working in unsafe and hazardous environment ; Trade union organizations have an obligation of defending human rights which are workers rights' and Child Labour violates both children 's and adult's rights. Since working children represent a plentiful source of cheap labour, it contributes to the depression of wages. Hence, child labour leads to the weakening of trade unions' ability to negotiate improvements in workers wages and conditions of service. In addition, child labour perpetuates adult unemployment because children do the same work for lower wages. At the same time the child is most likely deprived of education and the adult deprived of work. As a result child labour jeopardizes both the adults' and children's future. 2.1 MAJOR CAUSES OF CHILD LABOUR IN ZAMBIA. Zambia Demographic Surveys of 2005showed that 895,246 children between the ages of five and 17 were engaged in work that is either hazardous or involves long hours. The major causes of child labour in Zambia are related to socio-economic and political factors, as deduced by a number of people and institutions. There are many reasons for the causes of child labour; and these vary from sector to sector of industry activities carried out in the country. Some of the major causes of the vice is poverty, poor education system and inadequate educational facilities worsened by the practice of preferences that gives boys' education over girls, with the latter being forced into early marriages. HIV/AIDS, limited employment, unemployment and under marriages. 3 The major causes of child labour in Zambia can be identified from the socio­ economic and political factors , as deduced by a number of people and institutions as being largely responsible for this problem. However, there are numerous reasons that explain the causes of child labour; they vary greatly across the country and from sector to sector. Therefore, some of the causes of child labour are poverty, poor education system and inadequate educational facilities, HIV/AIDS, limited employment, unemployment and under employment, domestic violence, rapid population growth, have been identified as other major causes of child labour in Zambia . A closer examination of these bring about a clear understanding of the situation. 2.1.1. Poverty Zambia Demographic and Health Survey Report 2001 - 2002 put households in Zambia that are classified as poor at more than 70%. This has reduced the capacity of families to look after the children and has given rise to the number of children living and working on the street. Children living in the poorest households and in rural areas are most likely to be engaged in child labour. Those burdened with household chores are overwhelmingly girls. Millions of girls who work as domestic servants are especially vulnerable to exploitation and abuse. Lack of financial resources and support results in many children fail to attend school or drop out of the education system. Children work because their survival and that of their families depend on it. It has been established that three quarters of working children in the world are engaged in the worst forms of child labour, including trafficking, armed conflict, slavery, sexual exploitation and harzadous work . In Zambia children affected by poverty are also subjected to child neglect, child prostitution, defilement, child trafficking, early pregnancies and marriages and vulnerability to HIV/AIDS infections. The other contributing factors identified under poverty are lack of adequate income, education, employment, poor governance and corruption in society. It is believed that resources are wasted or diverted to wrong activities instead of education, which is the key to success. 4 2.1.2 HIV/AIDS The pandemic of HIV/AIDS has had catastrophic global and local social economic effects. In the last decade, Zambia like many other countries in Sub-Saharan Africa, has seen an increase in cases of child labour due to, in part to HIV/AIDS, according to the latest Zambia Demographic Survey. One ILO report has observed that 38 per cent in the world were orphans, some having lost one or both parent to HIV/AIDS, but that it is also a product of poverty as evidently seen by the number of children living on the street. Child labour risky environments include child-headed, female- headed and grand-headed homes as well as HIV/AIDS affected families. It is clear that when HIV/AIDS strikes, the family is affected negatively due to lack of financial support and provision of the basic needs as well as proper upbringing. The development of children and the youth is disturbed. Orphans who are looked after by relatives may not get the same social norms inculcated by their biological parents. In most cases, orphans are abused and neglected, both physically and psychologically. Even orphanages have their limitations in fulfilling the children's needs. AIDS causes patients to have prolonged illnesses. In the process the family spends a lot of time and money to take care of the patient. As financial resources diminish and run out due to medical and transport and food costs, children are forced to drop out of school prematurely. Girls also have the burden of taking care of their sick relatives. By the time the bread winner infected by HIV/AIDS dies, children find themselves not only lacking income but also having to care for each other. The Child Policy of ZCTU seeks to find ways in which accrued benefits of the deceased estate can be paid to the family quickly so as to prevent the hardships faced by the surviving family members. Although HIV/AIDS is caused through using contaminated sharp instruments, receiving contaminated blood transfusion , and bodily fluids such infected mother's milk( mother-to-child transmission), it has been identified as being a result of lack of good morals in society as people are having multiple sexual partners with whom they have unprotected sex. Nonetheless, due to sensitization and campaign messages against the spread of the scourge, the infection rate in Zambia has been reported to have dropped from 16% in 2006 to 14.5% in 2008.Statistically there is a minimal difference, obviously showing no substantial improvement in the health of the population in this regard. Negative cultural practices such as sexual cleansing and inheriting of the surviving spouse ( usually the widow) and remarriages, have aggravated the problem of HIV/AIDS. These are risky practices and dangerous practices that 5 will spread the pandemic if they do not go for HIV/AIDS testing ( Voluntary Testing). 2.1.3 Unemployment/Underemployment Economic unemployment and underemployment is a critical issue in Zambia. Despite growing investment in major sectors such as mining and tourism, the Zambian Economist April, 2007 put the unemployment level at 70%. The levels are highest among the youth which as MLSS stated l1ave major consequences for behavior of young people in the labour market. Unemployment was more pronounced along the line of rail , Lusaka recorded 26% and Copperbelt 24.4%, (C.S.0.2005).There is still lack of adequate employment. The largest segment of the unemployed population is the youth of both sexes. The problem of unemployment perpetuates poverty and child labour in that families are unable to sustain themselves at economic levels. Retrenchments and redundancies, poor conditions of service coupled with delayed payment of terminal benefits render families destitute. Private investment and general liberalization have brought with them new approaches in dealing with labour by employers. Some of these practices have a negative impact on the workers and their rights. These include high figures of labour casualisation, fixed contract of employment and sub­ contracting which compromise the right of workers to a decent wage and good conditions of service. Overall these practices undermine sustainability of the family in terms of affordable social services and economic needs, with dire consequences on children. 2.1.4 Lack of Strong Bargaining Power New employment practices have threatened the bargaining power of labour. Employers are at liberty to manipulate contracts of workers and these compromise the rights of workers to gain fair and equitable compensation. There seems to be no even playing ground for collective bargaining resulting in poor working conditions, wages and salaries and termination packages. It has been observed that employees especially those mandated to bargain, very often lack bargaining skills as they will have no prior training, worsened by weak labour solidarity from other unions when faced with a problem. Faced with such a situation, workers do not know how to deal with complex legal impediments that may arise from conflicts and disputes and consequently result in prolonged legal battles. These processes disadvantage employees and their families in the long run. 6 2.1.5 Lack of Domestication of ILO Convention No. 138 and 182 In addressing the problem, the Zambian Government ratified the ILO Convention 138 in 1976 which concerns the elimination of child labour and ILO Convention 182 which outlines the elimination of the worst forms of child labour in 2001 . In 1989, Zambia also signed the UN Convention on the Rights of the Child, one of these rights being the Right to Education. However, up to date, the Government of the Republic of Zambia has not yet finalized the process of adopting the country Draft Policy on Child labour through the Ministry of Youth and Child Development before it can domesticate ILO Convention 138 into law. The ZCTU shall advocate for this Convention to become law in Zambia. 3.0 PURPOSE OF THE POLICY The objective of the National ZCTU Child Labour Policy is to assist and give the Congress and its affiliates guidance on various matters in respect to children's rights in the world of work. It will enhance their protection and prevent their exploitation and exposure to hazardous work situations. The policy will empower the labour Congress to continue advocating for adoption and adherence to appropriate legislation and practices concerning child labour in the country. The Policy will cover local, national and international levels. 3.1 Local level At local level ZCTU through its affiliates shall engage itself in the following: i. Investigation of cases and establishing appropriate facts and data at local level thus acting as a watchdog in bringing child abuse to light; ii. Initiating and establishing sustainable structures for managing the child labour programme that will facilitate achievement of Policy values e.g. labour local points such as committees and network system; iii . Providing a framework for developing and updating policy as well as the practical plan of action; iv. Publicizing and sensitizing on the various forms of child labour; v. Forming the basis for collective bargaining that shall ensure that collective agreements are committed to promoting human rights, reducing cases of child labour and working towards its elimination ; vi. Monitoring the implementation of agreements by ensuring that codes of conduct are being adhered to by all stakeholders; vii. Promoting and raising awareness about child labour through workers' education and public information activities; viii. Carrying out Campaigns, public education and consumer action that will press for law enforcement against child labour; 7 ix. Facilitating mobilization of resources forming alliances both within and outside the labour movement, ZCTU will equally press for improved child protection measures and advocating children's rights to education; and x. Facilitating in liaison with ILO Committee of experts on cases of the worst forms of child labour and abuse and the United Nation's Committee for the Rights of the Child. 3.2 National Level At national level, ZCTU shall : i. Facilitate mobilization of its members in appreciating the problem and magnitude of child labour and hence call for concerted effort to eliminate child labour and child abuse; ii. Lobby for legislation and enforcement measures in preventing and eliminating child labour in Zambia; iii. Utilise the Policy as a basis for participating in and pressing for appropriate measures for economic reform and poverty alleviation; and iv. Utilise the Policy as a campaign tool against ch ild labour through the use of electronic and print media such as radio, TV and newspapers as well as other forms of disseminating information ( drama, posters, bulletins, etc.) 3.3 International At this level i. The ZCTU Child Labour Policy will be used for negotiated codes of conduct and form linkages between trade and labour standards; and ii . The Policy will be a basis for campaigns in support of ILO Conventions, supporting legislation that promotes both human and child rights. 4.0 SCOPE OF THE POLICY In conjunction with the Ministry of Labour and Social Security and in conformity with the Government policy and strategies on youth and child development, the formulated ZCTU Policy on Child Labour expects the Congress and its affiliates to adhere to the values contained herein. The Policy will be the guide of how to ca rry out investigation, sensitization, lobbying, advocacy and monitoring good practices that will put a stop to child labour and abuse in Zambia. It is also the responsibility of the ZCTU Board to ensure that the ideals and standards of the Policy on Child Labour are formulated, disseminated, monitored and revised from time to time in order to protect the rights of children and youth through the prevention and elimination of child labour and its worst forms. 8 6.0. INTERVENTIONS AND STRUCTURES 1. As a matter of priority, ZCTU needs to strengthen its advocacy on formulating appropriate labour legislation surrounding the issues of and problems of child labour in Zambia. This suggests recognizing the urgency and complexity of the matter at tripartite level and drawing the necessary administrative and legal framework in developing the required law on preventing and elimination of child labour. ZCTU must double its efforts in this regard , by collaborating with the Ministry of Labour and Social Security and the Zambia Federation of Employers. 2. The other intervention will be Research and creation of the Data Base. ZCTU will strengthen research and build a data base as reservoir for information in tackling the problem of child labour. In order to carry out these interventions, there will be need for the following:- the following is necessary: a. Developing research instruments and conducting actual research in sectors prone to child labour. This should be conducted by experts identified by and with the Directorate of Gender and Research of the ZCTU; b. Identify expertise to strengthen the capacity of the unions to deal with the problem. The Directorate will spearhead the project, working with identified experts by it; c. Preparing the budget and sourcing of funds, material and technical staff to undertake the project. This should be done by the same Directorate; d. Development of sensitization and solidarity programmes with all stakeholders at national and sector levels .This will assist in the dissemination of information on child labour thereby educating the population on problems that arise from child labour. It is hoped that solidarity at grass root level, will provide solutions of how to combat. Similarly, the activity will be carried out by the Directorate. e. Develop a comprehensive operational plan based on a concrete time table and targets to be achieved. This will be done by the Child Labour Steering Committee. 10 7.0 SECTORS ASSOCIATED WITH CHILD LABOUR IN ZAMBIA It has been ascertained that child labour in Zambia is growing and spreading rapidly in all the sectors of the economy, ILO survey reports 895,246 children in labour are between 5 - 17 years. Of those 336,546 or 38% are victims of HIV/AIDS (orphaned children) whose trend was has gone down from 16% to 14.3% according to the Zambia Demographic survey. In urban areas chi ldren are involved in small scale mining, trading, manufacturing (textiles and leather) hospitality industry and transport sectors. 7.1 Trade sector In this sector child labour is manifested in selling on the street, personal services as hair dressing, domestic service, baby sitting, child prostitution, child trafficking and general abuse of children in various commercial activities such as use of children as hawkers, shop attendants, stone crushing, baby sitting etc. The girl ch ild is notably the most exposed in these kinds of activities. 7.2 Small scale mining activities Small scale mining activities have been prevalent in Zambia since the early 1980s with the booming Gemstone mining in the rural Copperbelt. Such activities have dangerous working environment over and above poor working tools. Resultantly, such mining activities have got little or no health care faci lities. Furthermore, children are employed as casual labourers with no job security and are subjected to poor remuneration. They are exposed to both physical and mental abuse which unfortunately take place in the presence of their parents who work alongside with them. Mine camps or settlements are breeding ground for sexual abuse by older people. 7.3 Agriculture and fisheries The Child Labour Survey of 2005 revealed that majority of child labourers, about 92 per cent, are in rural areas, largely engaged in farming, fishing and forestry. Agriculture and fishing industry take a toll on child labour as individuals and households engage in both commercial and subsistence activities. In fishing camps children are prevented from attending school as they are preoccupied with fishing activities, and either avoid school altogether or abandon it in preference to fishing. This happens not necessarily as an individual choice but as a consensus because fishing is based on community and or household labour where young people complement the effort of parents. In farming an identical picture can be drawn where children are used in labour intensive activities in commercial as well as subsistence farming at household level. 11 It seems that much as the social and economic circumstances and reparations are comparable to those in fishing, dangerous conditions are prevalent in agriculture due to use various chemicals especially in the tobacco and cotton farming. Lack of protective clothing or masks against fumes during spraying is current in even commercial farms. This situation exposes the child to serious health risks and diseases. 7.4 Manufacturing To be cited in this regard are small holders in textile and leather manufacturing where there is not only employment of under age children, but also exposure to dangerous chemicals and poor working conditions with little or no healthcare facilities. Working tools such as protective clothing ( boots, gloves, glasses, brushes etc) available because of the nature of work which is hand based and labour intensive. Poor remunerations are a common factor, too and hence there is an abuse of labour particularly with children. They are also subjected to long working hours as factories are interested in mass production and maximum profits. 7.5 Hospitality industry Hospitality industry has been one of the growth sectors in the Zambian economy. After privatization and liberalization both local and international investors have been encouraged to open up business ventures specifically tour based activities as well as general hospitality services. The hospitality has seen a rapid rise in the number of hotels, lodges, tour operators in the spirit of promoting investment. With this booming industry have come negative consequences such as prostitution and specifically child prostitution. The girl child is the most exposed since poverty or the decline of morality push young girls to these places where they are sure of meeting some rich man or lonely partner to accost . There is a possibility of girls being coerced by the same rich clients in the hospitality industry. not only due to under age but also to infection and disease such as HIV/AIDS and STls. It is not doubtable that social psychological development of the girl is disturbed. Employees in hospitality business do not have the most decent conditions of service. Casualisation and fixed short term contracts are common and have little job security and benefits. Employees have little bargaining power and coupled with limited jobs available, they are forced to take what comes even when they have high skills, experience and qualifications. 7.6 Transport sector High on the list in this regard are drivers operating the regional and trans national routes for transit export and imports goods. Their work is appreciated as they provide goods to the country all the time. However, these drivers and lorry mates endure long distances and hours of travel away from their families. In due course, 12 these drivers and lorry 'boys' seek different partners along the way especially young girls. Drivers seeking solace in the company of young girls in turn draw some income by engaging in such kind of prostitution. It is a vicious circle in which both drivers and young people are being exposed to HIV/AIDS and STls. 8.0 STRATEGIC PLAN 8.1 Sensitization of labour leaders in the ZCTU and its affiliates in the next two (2) years by the Technical Steering Committee. 8.2 Continuous advocacy, lobbying and monitoring with all relevant stakeholders on domestication of conventions related to child labour. 8.3 Building of affiliate institutional capacities to facilitate development of data base. 8.4 Media campaign on print electronic media, billboards, posters, T/Shirts, Chitenge etc, seminars and workshops (and use of local languages) by the Department of Publicity and Information. 8.5 Undertake community based cultural promotions and activities. match pasts, using existing recognized international days/holidays. Rallies, 8.6 Carry out research, information dissemination. 8.7 Establishment of relevant structures sourcing for financial and technical resources. (ZCTU Secretariat) 8.8 Development of action plan and implementation framework (Steering Committee, affiliate unions). 9.0 OPERATIONAL PLAN I. Compilation and adoption of Child Labour Policy by Steering Committee II. Submission of Child Labour Policy to General Council Ill. Launching of Policy IV. Dissemination, sensitization, lobbying and advocacy on child labour (development of materials) V. On-going research and data development activities at the ZCTU Secretariat. 13 10.0 TERMS OF REFERENCE FOR THE CHILD LABOUR STEERING COMMITTEE 10.1 The Committee shall prepare a draft Child Labour Policy (September/October 2008) 10.2 Present Draft Policy on child labour to the General Council 10.3 The Committee will organize launching of the Policy for publicity and dissemination (materials development) 10.4 Implementation of Policy on Child Labour in collaboration with the department of Gender (design project proposals) 10.5 Carry out initial evaluation on Policy implementation and prepare report to ZCTU 10.6 Prepare other relevant activities relating to the implementation and sustenance of the Policy by making relevant recommendations to the relevant organs of ZCTU 10. 7 Identify cooperating partners in implementation of the Policy 10.8 Develop programmes for continuous monitoring, follow-ups and reports. 11.0 MONITORING AND EVALUATION 11 .1 Purpose The monitoring and evaluation exercise will be focused on determining the effectiveness of the Child Labour Policy as ratified by ZCTU. The programme is aimed at preventing and ultimate elimination of child labour and its worst forms as it exists in Zambia. The Policy is also proactive in approach so as to prevent the escalation of child labour and the problems associated with it. In this vain laid down interventions and strategies include the following: sensitization , lobbying and advocacy and monitoring. The overall capacities of ZCTU with its affiliates must be developed in terms of data basis. It suggests establishing research capacities and information systems of secretariat level and directorate of ZCTU and affiliates. Media campaigns, community based and cultural promotions also need to be monitored and evaluated to determine the immediate and future impact of these programmes on the public in general employers, no governemental organizations and other stakeholders. 14 11.2 FRAMEWORK OF MONITORING AND EVALUATION QUESTIONS 11 .2.1 Sensitisation What kind of sensitization programmes have been implemented? How many sensitization programmes have been implemented? What is the taget group?( when? Where? Who?) How successful ? ( challenges and problems?) What needs to be done? By who? 11 .2.2 FRAME WORK OF TOOLS What kind of tool were used? How effective? Do we need to change, what kind of change? Who is to spearhead, what kind of improvements? 12.0 RESOURCES What kind of resources were used (materials, finances, Human Resource, equipment)? How effective? How sustainable (Accessibility, Skills)? 13.0 IMPLEMENTATION This requires technocrats to assess whether the process of implementation of the Child Labour Policy has actually been followed and has achieved the desired impact essentially it is a process to prove whether the right methods, procedures have been followed and the targets achieved at every level , relevant questions include the following: What were the implementation steps? Who is supposed to implement? what kind of standards were to be achieved? What kind of methods were applied? How successful were they? Do we need to change? Where and how do we need to change? What are the benefits? 14.0 TIMETABLE The framework of proper timing and deadlines become crucial to determining the kind of change that have been achieved within a given period of time, if any impact has to be achieved as a result people need to be made accountable for results within a given time table. 15 Questions for monitoring and evaluation include: How long will a specific programme take to complete? What kind of input processes and output is required? Who is supposed to implement the required procedures? When do expect reports and feed backs? Have team managers been able to consistently provide feed back through reports? Where are the problem areas? What are the reasons? What needs to be done? 15.0 DISSEMINATION The success of the Policy on Child Labour depends on dissemination of information for monitoring and evaluation, the language should be clear and standards communicated to all involved, it becomes necessary therefore, that you ask some important questions in this regard, what kind of language have we used in disseminating information ? How efficient are the current channels of communication? Where do we need to improve and why? Who should under take the task? 16 IMPLEMENTATION FRAMEWORK ! NO. I ACTIVITY I SPECIFIC I OUTPUTS I INDICATORS VERIFICATION ASSUMPTI ON I RESPONSIBLE TIME I I OBJECTIVES I I FRAME 1 1. I Sensitization I To achieve clear Clear I Number of Reports by Assumed that the I Directorate of January I I understanding and knowledge of I publications, ZCTU affiliates issues of child I Gender, Youth 2009 - on I I appreciation of the child labour I meetings and received and labour will be and Child going ! problems and problems, feedback compiled by appreciated by Development, i I challenges involved in issues and I (reports) from directorate of stakeholders in the Directorate of . I preventing and solutions of I ZCTU affiliates Gender. Youth labour movement Education and I I I eliminating child ZCTU leaders and Child and that leaders Training labour as social and its development, individually and I I I economic and political affiliates minutes of the collectively will be I i problem. proceedings committed to the I I cause of preventing and I eliminating child I labour 12 Advocacy, Promoting values, Support the New Reports on The leadership will ZCTU Board April 2009 Lobbying ideas, practices and formulation of legislation on tripartite and commitment - on going I and I legislation that legislation child labour consultations, of resources will I Monitoring I contribute to improving I which wi ll and abuse continue on the I human and employee guide the copies of part of the I I rights and those of management enacted Congress and its I I youth and children of child labour legislation collaborators or I issues and I partners I problems I 3. I Building I Establish research Data bases on Child labour Number of Resources will be I Directorates of January j Capacities capacities information child labour in research workshops, made available for j Gender and 2009 - on I I for ZCTU systems and data I Zambia reports, child number of the necessary Research and going I I affiliates to base of ZCTU labour research undertakings ZCTU affiliates i I facilitate Secretariat and software and activities I development I directorates, including I data workshop I I of data base I affiliated unions reports I 4. Media Disseminate Number of Improves I Reports, Resources will be I April 20 09 I Campaigns, information on child publications, public management available to carry 1 - on going Community labour issues and rallies, response and I reports by out the activities based and problems thus campaigns cases to the directorates of cultural changing the and social problem of I Gender, Youth Promotion perceptions, attitudes activities child labour and Child and reactions pf public and abuse Development, in particular the actual Research and perpetrators Education