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DEPARTMENT OF LABOUR

Presentation to the Portfolio Committee on Social

Development

Child Labour- 27 August 2004

DEPARTMENT OF LABOUR 1

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Purpose of the presentation

To give a broad overview of the

interventions of DoL in the

eradication of child labour:

• Definition of child labour

• Summary of what DoL has achieved

• Ratification of ILO Conventions

• Enforcement Policy

• Survey on the Activities of Young People (SAYP, 1999)

• Development of Programme of Action

• Steps towards policy development

• Organisations consulted

• Key activities of children needing attention

• Action steps of government departments

• Commitment from government departments

• Challenges

• Way forward

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OverviewWhat is Child Labour?

• Child labour is work by children under 18 which is– exploitative, hazardous or

otherwise inappropriate for their age;

– detrimental to their schooling;

– detrimental to their social, physical, mental, spiritual or moral development.

SA Constitution

• Likelihood of harm increases in following cases:– Where work is bad for

education

– Child is very young

– Hours are long, or at night

– Low payment, or none

– Hazardous or hidden work

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What has been achieved 1

1995: SA ratified the UN Convention on the Rights of the Child – this Convention sets the framework to protect and develop children

1996: The Constitution provided for the protection of children against exploitative and hazardous work practices

1997: The BCEA was promulgated. This Act prohibits the employment of children below the age of 15

1998: DoL & the ILO signed a Memorandum of Understanding formalising their relationship iro funding and technical expertise

Ratification of ILO Conventions4

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What has been achieved 2

• 1998: DoL facilitated the formation of the Child Labour Intersectoral Group (Clig) with the aim of fighting child labour in a collaborative and integrated manner.

• The Survey on the Activities of Young People, 1999.

• Enforcement Policy on Child Labour

• Policy Formulation: Draft Child Labour Action Programme.

• The launch of the Sectoral Determination on Children in the Performance of Advertising, Artistic and Cultural Activities.

• Ongoing awareness raising

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Ratification of ILO Conventions

Minimum Age for Admission to Employment, No. 138

Abolition of Forced Forced Labour, No 105 of 1957

Convention on the Worst Forms of Child Labour, No 182 of 1999

South Africa has ratified the following Convention i.r.o children’s

issues:

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Enforcement policy

It is internationally accepted that legislation alone cannot eradicate child labour.

DoL is the custodian of labour legislation and through enforcement mechanisms is tasked with implementing a coherent collaborative and preventative strategy through labour inspectors who work in partnership with other role players.

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Enforcement cont’d

In 2002, the enforcement mechanisms within the BCEA were supplemented with a collaborative, inter –disciplinary and multi – sectoral approach involving government departments and other key role players

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Survey on the Activities of Young People

• In 1995, the Dept. of Labour as the lead agency initiated a process of formulating policy to combat child labour and other prioritised forms of child work

• The Survey on the Activities of Young People was commissioned to:

1. Determine the nature and extent of child labour in the country

2. Identify sectors that employ children 3. Develop appropriate measures to address the incidence of

child labour

4. Lay the foundation for the development of the Child Labour Action Programme (CLAP).

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The SAYP identifies the following vulnerable groups of children/situations where children are most

at risk as a result of being involved in work activities:

Findings: 13,4 million children between the ages of 5 – 17

were involved in some form of economic activity in the

following areas- Long periods fetching wood and water for use in the

family home Doing domestic chores in their own homes Doing work at school unrelated to study such as

gardening and cleaning.

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Survey cont’d

• Work in the family business with or without pay

• Work on commercial farms

• Paid domestic work

• Work on subsistence farms

• Children involved in illegal activities such as child prostitution, drug trafficking or other illegal activities

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Development of a Programme of Action on Child Labour

Identification of forms of child labour

Prioritisation of these forms of child labour

Role definition and clarification

The design, implementation and monitoring of programmes

The identification of targets and indicators of success

Identification of the requisite human and financial resources

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Steps towards policy

• Information gathering: 1996-2000 (including SAYP)• Analysis: 2000-2001 – Discussion document• Key stakeholder consultations: - Provincial consultative workshops: January –

April 2003 - Issue based/sectoral national workshops: March -

April 2003 - Child participation consultations: April – June 2003

- Consultations with government departments: June August 2003 - Draft policy finalised: September 2003

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Organisations that have been consulted

• Water Affairs & Forestry

• Minerals & Energy

• Local Government

• SAPS

• Health

• Home Affairs

• Justice

• National Treasury

• Education

• Office on the Rights of the Child

• Public Works

• Nedlac

• Employers’/employees’ organisations

• NGO’s

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Key activities of children needing attention

• Worst forms

1. Commercial sexual exploitation

2. Bonded labour and servitude

3. Trafficking

4. Drug trade & other illegal activities

5. Seriously hazardous work

• Other

6. Collecting wood & water

7. Domestic work (for another)

8. Household chores

9. Agriculture: Commercial & subsistence

10.Retail sector

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Action steps of various government departments

• South African Police Services and Justice• Trafficking

• Children used or procured to perform illegal activities

• Education– Sensitisation w.r.t. Child

Labour issues

– School policy & free education

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Action steps cont’d

Social Development

- Child commercial sexual exploitation

- Removal, rehabilitation and unification

Department of Water Affairs & Forestry, & Department of Minerals & Energy

- Provision of infrastructure

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Action steps cont’d

• Labour• Inspection and

enforcement

• Home Affairs Officials and Police– Rights and needs of

immigrant and refugee children

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Commitment from Government Departments

• All government departments implicated in the CLAP have pledged commitment in implementing the CLAP

• Costing of Action Steps

• Assessment of both financial and human resources in terms of the implementation of these Action Steps

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Challenges

• Development of indicators to measure the effectiveness of CLAP

• Reassessment of all relevant public sector policies and programmes for impact on child labour and their contribution to the elimination of child labour

• Finalisation the institutional framework for the implementation of the CLAP: national, provincial and regional levels

• Nominations of child labour coordinators

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Challenges Cont’d

• Costing and final consideration by government and other stakeholders

• Consideration and adoption by cabinet

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The way forward

• Consultations with Directors General

• Minister of Labour to present the CLAP to the Ministerial Committee

• Cabinet process: The Minister of Labour will table the Child Labour Action Programme for discussion, debate and ratification

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Conclusion

The Department of labour takes the issue of child labour very seriously

DoL is committed to the eradication of this phenomenon Child labour is a very complex phenomenon Legislation alone cannot eradicate child labour Therefore emphasis is on a multi – sectoral

collaborative strategy with role players such as Social Development, Health, Education etc.

• Emphasis is on education, awareness raising and enforcement

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