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ZAMBIA

1. Child Labor in Zambia

In 1998, the International Labor Organization (ILO) estimated that 15.8 percent of children between the ages of 10 and 14 in Zambia were working.1903 According to the 1999 Child Labor Survey (CLS) conducted by the Zambian Central Statistical Office, approximately 595,000 children under the age of 18 were economically active in the country, and children under the age of 15 years accounted for 347,000 of that number.1904

Child labor is generally more prevalent among larger households in Zambia. Figures from the 1999 CLS indicate that in households with nine or more members, 32.8 percent of children in rural areas and 28.8 percent of those from urban areas are economically active. As the number of household members drops, so too does the percentage of economically active children. For households with five to six members, the percentage drops to 26.2 percent in rural areas and 21.7 percent in urban areas, and for those with three to four members, it drops to 13.9 percent in rural areas and 12 percent in urban areas. When household size falls below three members, the percentage of economically active children is 2.1 percent in rural areas and 3.7 percent in urban areas.1905

While children work in a variety of sectors in Zambia, the overwhelming majority work in agriculture. According to the 1999 CLS, 84.3 percent of working children are involved in the agriculture industry at the national level, while in rural areas approximately 96.7 percent of working children are engaged in agriculture-related activities compared to 3.3 percent of working children in urban areas.1906 Child labor in agriculture often involves arrangements whereby work is sub-contracted out to families and the children work informally alongside adult family members.1907 While officially a male head of household may be the one employed to farm a piece of land and may receive the wages for work done, women and children in the family often perform a significant amount of the labor involved.1908

In rural areas, children are also involved in tending livestock, fishing, bricklaying, making crafts, and charcoal production.1909 In urban areas, children peddle various goods on the streets, wash and guard cars, work in restaurants and bars, and are involved in stone breaking, carpentry, and food production.1910 Children also work in hotels, in the catering and transport sectors, in construction, manufacturing, and quarrying. Some children work in domestic service and in prostitution, while others turn to begging and scavenging.1911 In the commercial sex sector, the demand for children is driven in part by the belief amongst older men that young girls are free of HIV infection.1912

The spread of HIV/AIDS in Zambia has made it increasingly difficult for families to meet basic needs and led to a dramatic increase in the number of child-headed households. According to a United Nations Children’s Fund (UNICEF) official, an estimated 600,000 children countrywide have been orphaned as the result of HIV/AIDS.1913 Thirty-seven percent of households in Zambia are believed to be involved in caring for orphans, while children are the heads of about 7 percent of households in the country as a result of the death of both parents due to HIV/AIDS.1914 The increase in AIDS orphans is associated with a rise in the number of street children, many of whom engage in various forms of child labor. A 1998 report estimated that there are some 75,000 street children in Zambia, 40 percent of whom are orphans. Over two- thirds of these children are between the ages of 6 and 14 years and most are boys.1915

2. Children’s Participation in School

During the years of 1996 and 1997, the primary gross attendance rate was 91.7 percent, and the primary net attendance rate was 67.4 percent.1916 The 1999 CLS found that some 55 percent of children 5 to 17 years old were attending school at the time of the survey.1917

Of children entering grade one, one-third do not complete schooling through grade seven.1918 It is estimated that three out of four children drop out of primary school because of the costs involved.1919 Repetition rates have also been on the rise.1920

Children face many obstacles in accessing schooling. Schools in Zambia suffer from a lack of trained teachers, teaching and learning materials, school furniture, and poor school infrastructure.1921 Zambia’s HIV/AIDS crisis is further weakening the educational system by the growing teacher absences, attrition, and the number of school-age orphans.1922

Gender appears to have an impact on children’s schooling, with girls’ ability to complete school tending to be lower than that of boys, especially in rural areas.1923 Enrollment of girls is also lower than that of boys (around 10 percent lower in 1999) and this gender disparity appears to be growing.1924 Girls face particular challenges in pursuing an education in Zambia, with declining enrollment and a higher dropout rate than that of boys. Many girls leave school prematurely due to early marriages and pregnancies.1925

An estimated 40 percent of school-age children in rural areas do not attend school.1926 It is estimated that over one-half of the poorest families in Zambia live 5 kilometers or more away from the nearest feeder road, making access to schools particularly challenging.1927 Of those that enroll, a majority leaves school after four years, in many cases because upper-grade schools are located too far away from where they live.1928 In some instances, parents in rural areas do not perceive schooling to be a better use of their children’s time than work because they question whether literacy will lead to a better job for their children later in life.1929

According to a 1999 study of vulnerable children, although communities frequently identified education as important, parents and guardians often could not afford the costs of school fees, uniforms, and books. When families were unable to pay for school fees and uniforms, the children were often taken out of school.1930

3. Child Labor Law and Enforcement

Zambian law pertaining to the subject of child labor is somewhat ambiguous. The Zambia Constitution (1991) provides for the protection of young persons from exploitation and prohibits forced labor. The constitution defines a “young person” as any person under the age of 15, and states that:

No young person shall be employed and shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education or interfere with his physical, mental or moral development...1931

The constitution allows, however, for an Act of Parliament to allow for the employment of a young person for a wage under certain conditions.1932

The Employment of Young Persons and Children Act (1933), Chapter 274 defines a child as anyone 14 years old or younger, and establishes 14 as the minimum age for employment.1933 Children engaged in work in subsistence agriculture, domestic service or the informal sector, however, are not covered by this law.1934 Zambian law provides for penalties in the case of illegal employment of a child or young person, but there have been no prosecutions for violations of the law.1935

There are three separate ministries charged with protecting and providing for the welfare of children and young persons.1936 The Ministry of Labor and Social Security (MLSS) has the overall responsibility for the protection and welfare of workers. The MLSS enforces the country’s labor laws, including those related to child labor. The Ministry of Sports, Youth and Child Development (MSYCD) is responsible for the protection and welfare of children, through enforcement of laws related to children’s rights. The Ministry of Community Development and Social Services (MCDSS) provides assistance to children in difficult circumstances by working with communities to assist disadvantaged children to access schooling, including through vocational training.1937 None of these agencies, however, is responsible for inter-ministerial coordination.1938

The Government of Zambia ratified International Labor Organization (ILO) Convention No. 138 on the Minimum Age for Employment on February 9, 1976, and ILO Convention No. 182 on the Worst Forms of Child Labor on December 10, 2001.1939

4. Addressing Child Labor and Promoting Schooling

a. Child Labor Initiatives

Zambia’s Central Statistical Office, working with the ILO’s Statistical Information and Monitoring Program on Child Labor (SIMPOC) and with financial support from the U.S. Department of Labor (USDOL), began work on a child labor survey in 1999. The main goals of SIMPOC are to increase the available base of quantitative and qualitative data on child labor while enhancing local capacity to conduct and analyze such surveys.1940

In 2000, the Government of Zambia signed a Memorandum of Understanding with the ILO, becoming a member of the ILO’s International Program on the Elimination of Child Labor (ILO-IPEC). With financial support from USDOL, ILO-IPEC initiated a national program to address child labor.1941 This program seeks to contribute to the progressive elimination of child labor in Zambia, especially its worst forms, with a focus on prevention, withdrawal, rehabilitation, and provision of alternatives for working children. The program aims to help strengthen the government’s capacity to address child labor through the development of a national plan of action and a review of the degree to which national legislation is harmonized with international standards. The program seeks to withdraw at least 1,400 working children from hazardous and exploitative work in prostitution, domestic service, work on the streets (“street children”), and quarrying. As part of the program, children withdrawn from exploitative work are provided with educational alternatives and a number of families provided with income generating opportunities to reduce their reliance on the labor of their children.1942

In the same year, Zambia joined four other countries participating in an ILO-IPEC regional project, funded by USDOL, to address child labor in commercial agriculture. The project aims to withdraw 1,500 Zambian children from exploitative work in commercial agriculture, and provide these children with education and vocational training, as well as health care. In addition, the project will assist selected families in initiating income-generating activities.1943

Nongovernmental and community-based organizations are also active in the country. With the support of UNICEF, a group of these organizations that work on children’s issues formed the Children In Need (CHIN) network in 1995. CHIN aims to strengthen the capacity of nongovernmental organizations (NGOs) working on children’s issues, particularly those dealing with orphans and other vulnerable children.1944 CHIN is active in seven out of nine provinces in the country.1945

b. Educational Alternatives

Education is neither compulsory nor free in Zambia,1946 and there is no minimum requirement for years of basic schooling provided for in Zambia’s laws.1947 In 1996, however, the Government of Zambia published an “Educating Our Future” policy document that called for increasing the provision of basic schooling from seven to nine years for all children, enhancing the relevance of school curriculum, promoting educational cost sharing, and improved management of schools.1948

The Government of Zambia aims to achieve universal primary education by the year 2005.1949 In 1999, the Government of Zambia began implementation of a Basic Education Sub- Sector Investment Program (BESSIP) as part of its Education Sector Investment Program (ESIP), a national program designed to improve access, quality and relevance of education, to optimize the use of resources, and to move management closer to the points of delivery.1950 Through BESSIP, the Ministry of Education is seeking to provide assistance to 20,000 disadvantaged and vulnerable children whose parents are unable to meet their school requirements such as uniforms, fees, and school supplies.1951 Implementation of BESSIP is scheduled to continue until 2005, at which time it is hoped that 100 percent school gross enrollment (up from 84 percent in 2000) and 90 percent net enrollment (up from 69 percent in 2000) will be achieved. Improvement in the quality of education is another goal of the program.1952

One approach being used in Zambia to address the needs of vulnerable children who cannot otherwise access schooling is the establishment of community schools, which condense the regular seven-year curriculum found in government schools into four years in order to help children who have fallen behind their peers to catch up. The number of community schools has risen from 20 in 1990 to over 350 in 2000.1953 Children in these schools are also not required to pay for school fees or uniforms. Teachers for these community schools are usually supported by NGOs, and as a standard for classroom instruction, many teachers use the SPARK (School, Participation, Access and Relevant Knowledge) manual developed by the Zambian Community School Secretariat (ZCSS).1954

Effort has also been placed on making education more accessible for children. In 1999, the Ministry of Education initiated an “Out-of-School Radio Education” program with the aim of making schooling more accessible for children who do not attend formal schools, in particular vulnerable groups such as street children.1955

In 1997, the government and UNICEF entered into a Program of Cooperation to strengthen local capacities to enhance the welfare of women and children. The program places particular emphasis on protecting children in especially difficult circumstances. It seeks to increase children’s access to quality health and nutritional services and to primary education, including through support for Zambia’s Education for All program.1956 The program involves advocacy for primary education; improvements in the quality and relevance of education; expansion of educational opportunities for children, including through alternative community- based approaches; and support for curriculum that responds to the special needs of children.1957 One of UNICEF’s prime goals in Zambia is the creation of a more gender-sensitive school environment through teacher training and awareness raising. Part of this focus involves UNICEF’s support for the Program for the Advancement of Girls’ Education (PAGE). Initiated in 1994, PAGE aims to increase the enrollment and performance of girls in early schooling.1958 PAGE seeks to create “girl-friendly” schools through advocacy and sensitization of teachers and the community, and the teacher training aimed at gender sensitivity.1959

Another effort aimed at enhancing girls’ access to and performance in school, “More Equitable Access to Quality Basic Education and Learning, Especially for Girls,” was initiated by the U.S. Agency for International Development (USAID) in 1998. Working with Zambia’s Ministry of Education, the program’s goal is to enhance the country’s system of basic education to ensure high quality and equity at a reasonable cost, with a special emphasis on increasing access for girls. Scheduled to run through 2003, the program seeks to improve curricula to support girls’ education and improve the Ministry of Education’s capacity at both national and local levels.1960

As a whole, the Zambian education system has deteriorated significantly over the last 20 years.1961 Per capita public expenditure on education has fallen from US$28 in 1975 to US$9 by 1990, with spending on primary education per capita falling from US$11 to US$2 during the same period. Along with this decline came a shifting of the burden for certain education expenses from the state to the family.1962 While the government provides for teacher salaries, families pay school fees that cover the expense of school maintenance and text books. Families must also cover the cost for exercise books, school supplies, and uniforms.1963 A school’s management committee, and not the government, is responsible for setting the level for school fees and requirements for uniforms.1964 The growing reliance upon family contributions for schooling through fees and other school funds has had a negative effect on children’s participation in schooling.1965

The share of government spending devoted to education declined in Zambia from a high in 1984 of 16 percent to 11 percent in 1993. Real annual public expenditure on education (measured in constant 1985 prices) dropped from a peak level in 1982 to approximately 50 percent of that level in the years from 1986 to 1993.1966 In 1995, government spending on education as a percentage of gross national product (GNP) was 2.2 percent.1967 Public spending on primary education as a percentage of GNP was 1.4 percent in 1998.1968

5. Selected Data on Government Expenditures

The following bar chart presents selected government expenditures expressed as a percentage of GNP. The chart considers government expenditures on education, the military, health care, and debt service. Where figures are available, the portion of government spending on education that is specifically dedicated to primary education is also shown.1969

While it is difficult to draw conclusions or discern clear correlations between areas of government expenditure as a percentage of GNP and the incidence of child labor in a country, this chart and the related tables presented in Appendix B (Tables 14 through 19) offer the reader a basis for considering the relative emphasis placed on each spending area by the governments in each of the 33 countries profiled in the report.


1903 World Development Indicators 2000 [CD-ROM].

1904 This survey was carried out with technical support from the ILO’s Statistical Information and Monitoring Program on Child Labor (SIMPOC). See “1999 Child Labor Survey: Country Report,” (draft) (Lusaka: Republic of Zambia Central Statistical Office, 2001), Section 4.1.1 [hereinafter “1999 Child Labor Survey”]. According to the World Bank’s World Development Indicators 2000 , an estimated 16 percent of children between the ages of 10 and 14, or approximately 210,000 children, are economically active in Zambia. See World Development Indicators 2000 [CD-ROM].

1905 “1999 Child Labor Survey” at 4.3.

1906 Ibid. at Section 4.1.2.

1907 Interview with Deputy Permanent Secretary P. E. Mutantika and Labor Commissioner E. J. Nyirenda, Ministry of Labor and Social Security, by U.S. Department of Labor official, August 4, 2000 [hereinafter Mutantika and Nyirenda interview].

1908 “Prevention, Withdrawal and Rehabilitation of Children in Hazardous Work in the Commercial Agriculture Sector in Africa: Country Annex for Zambia”, 2 (Geneva: International Labor Organization, 2000) [document on file] [hereinafter “Prevention, Withdrawal and Rehabilitation of Children”].

1909 “1999 Child Labor Survey” at 2.7.

1910 Ibid at Table 4.1.

1911 The Zambia Congress of Trade Unions (ZCTU) conducted a pilot child labor survey in 1995 with support from the International Confederation of Trade Unions (ICFTU), “Prevention, Withdrawal and Rehabilitation of Children,” “Interim Poverty Reduction Strategy Paper” (Lusaka: Republic of Zambia, July 7, 2000), Section 14 [hereinafter “Interim Poverty Reduction Strategy Paper.” See also Mutantika and Nyirenda interview.

1912 “National Programme on the Elimination of Child Labour in Zambia” (Geneva: International Labor Organization, 1999) [document on file] [hereinafter “National Programme on the Elimination of Child Labour.”]

1913 Interview with Peter McDermott of UNICEF by U.S. Department of Labor official in Lusaka (August 4, 2000).

1914 The growing number of HIV/AIDS orphans has often surpassed the capacity of extended families to provide for them; see “Prevention, Withdrawal and Rehabilitation of Children”, 63. Other estimates suggest that 75 percent of all households are involved in caring for at least one orphaned child; see Country Reports on Human Rights Practices for 1999 (Washington, D.C.: U.S. Department of State, 1999) (www.state.gov/www/global/ human_rights/1999_hrp_report) [hereinafter Country Reports 1999—Zambia ].

1915 Other reports suggest that the number of street children in Lusaka was as high as 90,000 in 1998. Orphans and Vulnerable Children: A Situation Analysis—Zambia 1999 , A Joint USAID, UNICEF, SIDA Study Fund Project (Lusaka: NHPP), 19 [hereinafter Orphans and Vulnerable Children ]. See Prospects for Sustainable Human Development in Zambia: More Choices for Our People (Lusaka: the Government of Zambia and the United Nations System in Zambia, December 1996), 44-45 [hereinafter Prospects for Sustainable Human Development in Zambia ]. See also G. Lungwangwa and M. Macwan’gi, Street Children in Zambia: A Situation Analysis (Lusaka: UNICEF, December 1996), as cited in Orphans and Vulnerable Children at 71 .

1916 USAID, GED 2000: Global Education Database [CD-ROM], Washington, D.C., 2000.

1917 “1999 Child Labor Survey” at Table 3.10.

1918 U.S. Agency for International Development, “Overview of USAID Basic Education Programs in Sub-Saharan Africa III,” Technical Paper No. 106, SD Publication Series, Office of Sustainable Development, Bureau for Africa, Washington, D.C., February 2001, 95 [hereinafter “Overview of USAID Basic Education Programs”].

1919 UNICEF, “Children in Jeopardy: The Challenge of Freeing Poor Nations from the Shackles of Debt,” New York, 1999, 12 [hereinafter “Children in Jeopardy”].

1920 Repetition rates increased from 7 percent in 1991 to 13 percent in 1993. See “GRZ/UNICEF Programme of Cooperation 1997-2001, Mid-Term Review: Education for All Programme” (Lusaka: Government of Zambia and UNICEF, September 1999), 3.

1921 “Programme of Cooperation between the Government of the Republic of Zambia and UNICEF for the Children and Women of Zambia, 1997-2001” (Lusaka: Government of the Republic of Zambia and UNICEF, March 1997), 3. See also Prospects for Sustainable Human Development in Zambia at 42.

1922 “The United States Agency for International Development: Congressional Presentation 2000” (www.usaid.gov/pubs/cp2000/afr/zambia.html) [hereinafter “Congressional Presentation 2000”].

1923 “Overview of USAID Basic Education Programs” at 95.

1924 More than one-half of children in primary school do not have exercise books; see “Children in Jeopardy” at 5.

1925 “Congressional Presentation 2000”; see also Prospects for Sustainable Human Development in Zambia at 47.

1926 “Prevention, Withdrawal and Rehabilitation of Children” at 63.

1927 “Children in Jeopardy” at 15.

1928 “Prevention, Withdrawal and Rehabilitation of Children” at 64.

1929 Ibid.

1930 Orphans and Vulnerable Children at 25; s ee also M. J. Kelly, Primary Education in a Heavily Indebted Poor Country: The Case of Zambia (Lusaka: OXFAM and UNICEF, October 1998), as cited in Orphans and Vulnerable Children at 84.

1931 Article 24 [Protection of Young Persons from Exploitation], Constitution of the Republic of Zambia, August 1991.

1932 Ibid.

1933 According to Zambia’s laws, a person younger than the age of 14 is considered a child, while a person younger than 18 years is considered a young person. See “Prevention, Withdrawal and Rehabilitation of Children.” The Employment of Young Persons and Children Act states that “a young person shall not be employed on any type of employment or work, which by its nature or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of that young person.”

1934 Country Reports 1999—Zambia , Section 6.d..

1935 “Prevention, Withdrawal and Rehabilitation of Children” at 65.

1936 U.S. Embassy-Lusaka, unclassified telegram no. 003293, July 24, 2000 [hereinafter unclassifed telegram 003293].

1937 “Prevention, Withdrawal and Rehabilitation of Children” at 65-66.

1938 Unclassified telegram 003293.

1939 For a list of which countries profiled in Chapter 3 have ratified ILO Conventions No. 138 and No. 182, see Appendix C.

1940 This SIMPOC survey was supported with funding from the U.S. Department of Labor, “Statistical Information and Monitoring Programme on Child Labour: Zambia” (Geneva: International Labor Organization, September 1999) [document on file].

1941 “National Programme on the Elimination of Child Labour” at 6.

1942 Ibid at 9.

1943 “Prevention, Withdrawal and Rehabilitation of Children.”

1944 “National Programme on the Elimination of Child Labour” at 5. See also UNICEF, “UNICEF in Zambia,” Lusaka, 13.

1945 Interview with Ann Mulula of CHIN by U.S. Department of Labor official in Lusaka, August 4, 2000.

1946 Country Reports 1999—Zambia .

1947 “Prevention, Withdrawal and Rehabilitation of Children” at 64.

1948 “1999 Child Labor Survey” at Section 1.5.

1949 “Interim Poverty Reduction Strategy Paper” at Section 24.

1950 “Overview of USAID Basic Education Programs” at 95; see also “The United States Agency for International Development: Congressional Presentation 2000” (www.usaid.gov/pubs/cp2000/afr/zambia.html).

1951 ILO, Technical Progress Report , National Programme on the Elimination of Child Labour in Zambia (Lusaka: March 2001), 3.

1952 A total of US$340 million is slated to be invested in BESSIP, with US$167 million coming from the Zambian Government. The goals of BESSIP are highlighted in the government’s Interim Poverty Reduction Strategy Paper, reflecting the importance placed on education for children as part of the country’s overall development strategy. See “Interim Poverty Reduction Strategy Paper” at Section 24.

1953 Government of Zambia, Ministry of Education, “Promotion of Partnership in Education Provision” (www.education.gov.zm/promotio.html); cited July 30, 2001.

1954 Orphans and Vulnerable Children at 26.

1955 Henry Chilufya, “Radio Schools May Bridge Education Gap” [online], Pan-African News Agency, Lusaka, Zambia, April 22, 1999 (www.africanews.org/PANA/news/19990422/feat5.html).

1956 Government of Zambia and UNICEF, “Master Plan of Operations and Programme Plans of Operation for a Programme of Cooperation between the Government of the Republic of Zambia and UNICEF for the Children and Women of Zambia, 1997-2001,” Lusaka, March 1997, 6-8, 10, 15 [hereinafter “Master Plan of Operations and Programme Plans”].

1957 “Programme Plan of Operations for Education for All, 1997-2001,” in “Master Plan of Operations and Programme Plans” at 15-17.

1958 “USAID-Zambia: Education” (www.usaid.gov/zm/education/so2.htm); cited July 30, 2001.

1959 PAGE’s motto is “A Girl-Friendly School Is a Child-Friendly School.” See “Master Plan of Operations and Programme Plans” at 17.

1960 USAID-Zambia Program Activity Sheet for “More Equitable Access to Quality Basic Education and Learning, Especially for Girls” (www.usaid.gov/pubs/cp2000/afr/zambia.html); cited July 30, 2001.

1961 The first decade of Zambian independence (1964-1974) coincided with a strong world market for one of the country’s major natural resources: copper. The decline of world copper prices in the 1970’s had a major effect on government revenue and led to a decline in public expenditure in areas such as education. Whereas in 1975 public spending on education amounted to 7 percent of gross domestic product (GDP), the percentage had fallen to 3 percent by 1990. See Helena Skyt Nielson, “Child Labor and School Attendance: Two Joint Decisions,” Working Paper No. 98-15 (Aarhus, Denmark: University of Aarhus, Centre for Labour Market and Social Research, October 1998),1 [hereinafter “Child Labor and School Attendance”].

1962 “Child Labor and School Attendance” at 1.

1963 Orphans and Vulnerable Children at 25. School fees for the early years of schooling typically range from K2,000 (US$0.82 in 1999) to K6,000 (US$2.47 in 1999) for the year, while a school dress would cost roughly K15,000 (US$6.19 in 1999). See Also National Programme on the Elimination of Child Labour.

1964 Orphans and Vulnerable Children at 25. School fees for the early years of schooling typically range from K2,000 (US$0.82 in 1999) to K6,000 (US$2.47 in 1999) for the year, while a school dress would cost roughly K15,000 (US$6.19 in 1999).

1965 Government of Zambia and UNICEF, “GRZ/UNICEF Programme of Cooperation, 1997-2001, Mid-Term Review: Education for All Programme,” Lusaka, September 1999, 3.

1966 Prospects for Sustainable Human Development in Zambia at 67-68.

1967 World Development Indicators 2000 [CD-ROM].

1968 United Nations Educational, Scientific, and Cultural Organization (UNESCO), Institute for Statistics [CD- ROM], Education for All: Year 2000 Assessment , Country Report, Zambia (Paris, 2000).

1969 See Chapter 1, Section C, 5, for a fuller discussion of the information presented in the box. See also Appendix B for further discussion, and Tables 14 through 19 for figures on government expenditure over a range of years.