US embassy cable - 01HARARE2971

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 
 
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