This record is a partial extract of the original cable. The full text of the original cable is not available.

251438Z Aug 03

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entitled "Contracts by Young Persons" was repealed and 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. 
 
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COMMENT 
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¶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