Committee on the Rights of the Child

Concluding observations on the combined fifth to seventh periodic reports of Zambia *

I.Introduction

1.The Committee considered the combined fifth to seventh periodic reports of Zambiaat its 2612th and 2613th meetings,held on 23 and 24 May 2022, and adopted the present concluding observations at its 2630th meeting, held on 3 June 2022.

2.The Committee welcomes the submission of the combined fifth to seventh periodic reports of the State party, under the simplified reporting procedure, which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses appreciation for the constructive dialogue held with the high-level, multisectoral delegation of the State party.

II.Follow-up measures taken and progress achieved by the State party

3.TheCommittee welcomes the progress achieved by the State party in various areassince its last review, including the adoption of the Mental Health Act, 2019, the Employment Code Act, 2019, which regulates the employment of children under the age of 15 years, the development in 2016 of national standards and guidelines for services and programmes for orphans and vulnerable children, the strengthening of the National Child Justice Forum, the development of the National Child Justice Strategy 2021–2025 and other institutional and policy measures relating to children’s rights.

III.Main areas of concern and recommendations

4.The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: children’s rights and the business sector (para. 15); the definition of the child (para. 17); sexual abuse and gender-based violence (para. 24); health and health services (para. 32); education, including vocational training and guidance (para. 38); and administration of child justice (para. 44).

5. The Committee recommends that the State party ensure the realization of children ’ s rights in accordance with the Convention , the Optional Protocol on the involvement of children in armed conflict and the Optional Protocol on the sale of children, child pros titution and child pornography, throughout the process of implementing the 2030 Agenda for Sustainable Development. It urges the State party to ensure the meaningful participation of children in the design and implementation of policies and programmes aimed at achieving all 17 Sustainable Development Goals as far as they concern children .

A.General measures of implementation (arts. 4, 42 and 44 (6))

Legislation

6. While noting that the process of Constitutional review with the aim of drafting an enhanced bill of rights has been initiated and that the bill containing the children ’ s code has been approved by the Cabinet Office and is pending adoption by the parliament , the Committee recommends that the S tate party promptly adopt the children ’ s code bill and e nsure that the human, technical and financial resources for the implementation of all legislation providing for the rights of children are adequate and sufficient.

Comprehensive policy and strategy

7. The Committee notes that the Department of Child Development has been made part of the Ministry of Community Development and Social Services , enhancing the implementation of the 2015 National Child Policy and the relevant action plan. It recommends that the State party:

(a) Renew the expired National Child Policy and the relevant plan of action;

(b) Develop and adopt a national strategy for child participation, providing procedures and guidance for child participation in education, health, social justice and governance systems;

(c) Allocate specific and adequate budgets for the implementation, monitoring and evaluation of child-related policies, strategies and plans at all levels.

Coordination

8. While noting that the State party has established the National Coordinating Committee for Children and district child protection committees tasked with effective coordination of programmes and projects for children, the Committee recommends that the State party provide the National Coordinating Committee for Children and the district child protection committees with the necessary human, technical and financial resources, in order to coordinate all activities relating to the implementation of the Convention at the cross-sectoral, national and district levels .

Allocation of resources

9. Welcoming the projected increase of social sector budget allocations by 34 per cent in 2022 as compared to 2021, the Committee recalls its general comment No. 19 (2016) on public budgeting for the realization of children ’ s rights and recommends that the State party:

(a) Conduct a comprehensive assessment of the budget needs of children and allocate adequate budgetary resources, in accordance with article 4 of the Convention, for the implementation of children ’ s rights and, in particular, address disparities on the basis of indicators relating to children ’ s rights;

(b) Make sure that budgetary lines for all children, paying special attention to those in disadvantaged or vulnerable situations, are protected even in situations of financial and economic crisis, natural disasters, the coronavirus disease (COVID-19) pandemic and other emergencies, and that there is no regression;

(c) Strengthen children ’ s forums established to provide input in the development of plans, implementation and budget tracking.

Data collection

10. The Committee welcomes the adoption of the Statistics Act in 2018, the establishment of the Integrated National Statistical System, the creation of the Zambia Statistics Agency and the setting up of sector - specific management information systems. Recalling its general comment No. 5 (2003) on general measures of implementation of the Convention , the Committee recommends that the State party:

(a) Continue strengthening its data - collection system and ensure that data collected on children ’ s rights cover all areas of the Convention, with data disaggregated by age, sex, disability, geographical location, ethnic and national origin and socioeconomic background in order to facilitate analysis of the situation of children, particularly those in situations of vulnerability;

(b) Improve quality assurance of the sector-specific management information systems, such as those on social protection and alternative care;

(c) Analyse and make available to policymakers and interested organizations data on children ’ s rights in order to further improve monitoring and legislation, policies and implementation of children ’ s rights.

Independent monitoring

11. Recalling its general comment No. 2 (2002) on the role of independent human rights institutions in the promotion and protection of the rights of the child , the Committee recommends that the State party strengthen the Human Rights Commission of Zambia by providing it with adequate human, financial and technical resources to en able it to effectively and independently discharge its mandate, including its capacity to effectively receive, investigate and address complaints by children in a child-sensitive and child-friendly manner .

Dissemination, awareness-raising and training

12. The Committee recommends that the State party:

(a) Intensify systematic dissemination of the Committee ’ s concluding observations among the general public and professionals working with and for children, and ensure their implementation;

(b) Ensure that all professionals working with and for children, in particular the judiciary, social workers, law enforcement officials, health-care personnel, teachers, immigration and asylum officers, and professionals and staff working in all forms of alternative care, receive mandatory training on children ’ s rights.

Cooperation with civil society

13. The Committee recommends that the State party systematically involve civil society and organizations working for and with children in developing, implementing, monitoring and evaluating policies, plans and programmes concerning children ’ s rights, and in preparing periodic reports to the Committee.

Children’s rights and the business sector

14.The Committee notes the establishment of the Zambia Environmental Management Agency and the requirement for mandatory environmental impact assessmentsto be conducted prior to any business operations thatmight have an effect on the environment. Nevertheless, the Committee remains seriously concerned about:

(a)The fact that comprehensive and updated environmental impact assessments are not routinely submitted to the Zambia Environmental Management Agency;

(b)The continuous exposure of children in Kabwe to high levels of lead in the soil and dust around the former mine and in the mining waste and the delays in implementing the World Bank-funded project to clean up lead-contaminated neighbourhoods;

(c)Small-scale mining at the former Kabwe mine, which poses an increased risk of exposure to lead, and several unlicensed, illegal mining operations;

(d)The effects of mining in Kitwe and other provinces, and the increase in mining activities in the absence of a comprehensive and effective legal, regulatory and compliance framework to prevent and respond to human rights violations;

(e)The fact that the request of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes to conduct a country visit has been pending since 2008.

15. Recalling its general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children ’ s rights and the Guiding Principles on Business and Human Rights, endorsed by the Human Rights Council in 2011, the Committee recalls it s previous concluding observations and urges the State party to:

(a) Implement expeditiously the recommendations that it supported during the third cycle of the universal periodic review, develop a national action plan on business and human rights and implement it together with the Guiding Principles on Business and Human Rights;

(b) Take further measures to protect human rights and the environment in mining areas and establish a regulatory framework for mining companies present on the territory in order to ensure that their activities do not harm the environment;

(c) Develop and implement without further delay a sustainable and comprehensive programme for lead remediation, particularly of all contaminated schools, play areas, health centres and other public areas, including containment and removal of mining waste, conduct regular monitoring of soil and air lead levels in Kabwe and take steps to ensure that children who receive treatment are not returned t