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DEPARTMENT OF LABOURPresentation to the Joint

Monitoring Committee on the Improvement of the Quality of

Life and Status of Children, Youth and Disabled Persons

01 November 2002

DEPARTMENT OF LABOUR 1

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Agenda1. Definition of child labour2. Legislative framework3. What has been achieved?4. Development of a Programme of Action5. Ratification of ILO Conventions6. Enforcement Policy7. Short – term goals8. Education and awareness9. Annual plan & budget10. Conclusion

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Definition of child labour

Child labour is work by children under 18 which is exploitative, hazardous or otherwise inappropriate for their age, detrimental to their schooling, social, physical or moral development (BCEA Section 43)

Work should not be limited to work for gain but should include chores or household activities if such work falls within this definition.

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Legislative framework

Domestic legislation:

The Constitution of South Africa Act 108, 1996 The Basic Conditions of Employment Act, 1997:

Section 43 (1) prohibits the employment of children under 15

The Child Care Act, No 74 of 1983: The South African Schools Act: Allows children

who are 15 or who have completed the 9th grade to work, whichever comes first

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Legislative framework cont’d

The Sexual Offences Act, No 23 of 1957

The Domestic Violence Act, No 116 of 1998

The Film and Publications Act, No 65 of 1996

The Criminal Procedures Act, No 51 of 1997

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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 Conventions

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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

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Clig is a coalition of key government departments,

organised labour, organised business and NGO’s

Clig is also a sub committee of the National Programme

of Action (NPA)

DoL acts as the Secretariat and coordinator for all Clig

activities

Clig (1)

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Clig (2)

The terms of reference for Clig are:• To oversee and facilitate the process of

eliminating the most hazardous forms of child labour

• To coordinate policies and programmes• To create awareness campaigns with regard

to child labour• To facilitate debate on policy

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Survey (1)

1999: The Survey on the Activities of Young

People

The purpose was to establish the nature and extent of the activities of young people in SA

Statistics South Africa was commissioned to conduct the survey

Funding was obtained from the ILO and the United States Department of Labour

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Survey (2)

• Findings:

• At the time of the survey, there were 13,4 million children in SA between the ages of 5 – 17

• 36% of these children were found to be engaged in some form of economic activity

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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:

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.

Survey (3)

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Survey (4)

• 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

(POA) (1) 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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Development of a Programme of Action on Child Labour (POA) (2)Three pronged approach: Analysis of the survey results. Draft policy discussion document finalised with the

technical assistance of the ILO in consultation with stakeholders: NPA, Clig and experts in the education, human rights, labour and welfare fields

Final draft policy document to be work -shopped in all provinces countrywide to obtain inputs from our stakeholders

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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 (1)

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

DoL is the custodian of labour legislation and is tasked with implementing a coherent collaborative and preventative strategy

Labour inspectors are the enforcement agents

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Enforcement (2)

In 2002, the enforcement strategy was reviewed

It was then work - shopped with all labour inspectors nationally

It is included as a module in the Technikon SA training

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Short – term goals (1)

Children in the Performing Arts The BCEA in relation to Convention 138 makes

provision for investigations into conditions of employment into this sector

An investigation has been completed and looked at the following broad issues:

Hours of work

Contracts

Night work

The supervision of children while on set

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Short – term goals (2)

A report tabling findings of the investigations and proposed recommendations have been presented to the Employment Conditions Commission (ECC).

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Short – term goals (3)

Training on child labour

• In June 2002, DoL’s Child Labour Team embarked on provincial training for its social partners within Clig

• Five provinces have trained so far

• Training will be finalised in November

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Education and awareness raising

Participation in workshops, seminars and conferences

Participation in national day’s celebrations

DoL Website

Stakeholder database

Print and electronic media

Distribution strategy is in place

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Annual plan and budget for child labour: 2002 - 2003

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One year output: Programme of action for the eradication of child labour developed, implemented

and monitored A budget is available for 2002 - 2003

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Annual plan cont’d

Development of a POA for SA

Support to all provincial Clig structures ensured

Advocacy and distribution strategy in place and operational

Inspection blitzes conducted

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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.

Hence participation and involvement in structures like Clig, the NPA etc is crucial

• Emphasis is on education, awareness raising and enforcement

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DEPARTMENT OF LABOUR

Presentation to the Joint Monitoring Committee on the Improvement of the Quality of and Status of Children, Youth

and Disabled Persons 01November 2002

DEPARTMENT OF LABOUR 27

END