66THTH ICGLR-OECD-UN GoE ICGLR-OECD-UN GoE JOINT FORUM ON JOINT FORUM ON

RESPONSIBLE MINERAL RESPONSIBLE MINERAL SOURCINGSOURCING

13-15 NOVEMBER 201313-15 NOVEMBER 2013

WORST FORMS OF CHILD WORST FORMS OF CHILD LABOUR IN THE MINING SECTOR.LABOUR IN THE MINING SECTOR.

INTRODUCTION: INTRODUCTION: • This presentation will focus on the “Worst Forms

of Child Labour in the Mining Sector” by addressing the three key questions of the forum which are:

• Clarifying the definitions of “worst forms of child labour” in international law as compared with national laws and existing practice.

• What are we aiming for when we say elimination of extreme forms of child labour and how can it be done?

• And should we aim for a mandate going forward and a roadmap for achieving this mandate?

• The topic for discussion designed to carry the image of the forum is very relevant to what is happening in my country especially the Geita Region which we have an intervention of dealing with elimination of worst forms of child labour in eleven small scale mining wards of Geita District.

• I and our organization, New Light Children Center Organization (NELICO), through funds from European Union via European Commission are implementing a three year project aimed at eliminating worst forms of child labour in the aforementioned areas. I have really been to the field and witnessed what actually is the worst forms of child labour as compared to the theoretical definition of the worst forms of child labour in the community.

I am going to share with you the experience I have in line with the questions aforesaid in this part. So I really beg your attention for a while.

THTHE DIFINITIONS OF THE WORST E DIFINITIONS OF THE WORST FORMS OF CHILD LABOUR: FORMS OF CHILD LABOUR:

I am going to share with you various definitions of the worst forms of child labour.

1. The international definition:

2. The national definition:

3. Why is it talking about child labour is a contentious issue:

• The international definition:

The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, known in short as the Worst Forms of Child Labour Convention, defines the worst forms of child labour as follows:

All forms of labour that endangers health, safety and morals of children. It implies also to commercial sexual exploitation of children including the use, procuring or offering of a child for prostitution, the production of pornography or for pornographic performances. Slavery or practices similar to slavery such as sale of a child, trafficking e.t.c constitutes worst forms of child labour.

• National definition:

Under the Tanzania context, the definition of worst forms of child labour reads in line with that of the international law. It is all activities that affect health and development of a child in general as stipulated in the Law of the Child of 2009 and also in the Employment and Labour Relations Act, 2004.

Why is talking about child labor a Why is talking about child labor a contentious issue? contentious issue?

• Some of the elements of the definition of child labour stated in the international and national laws appear in the communities and children help with income. So telling the community members that this is a worst form of child labour might be difficult for them to conceive it.

• So to speak children engaged in worst forms of child labour feed their families as some are heading their families and living with their grandparents who are helpless to them after the death of their parents due to HIV/AIDS.

EXISTING SITUATION: EXISTING SITUATION: • Worst forms of child labour exist in Mining Sector in

Tanzania especially small scale mining industry. Children are used in all process of minerals such as stone quarry, crush gold ore, almagation e.t.c. Mainly boys are used in exploitative works in mining areas in Tanzania such as Geita, Chunya, Kahama and Mererani-Arusha.

• At Geita Gold Mine Limited owned by Anglo Gold Ashanti children and youth are used to steal from mine by either being employed/hired by their friends and sometimes by their families.

• Children are preferred to adults because they are easily manipulated, exploited and they do not know their rights. Some children tend to mix both schooling and working in mines whereas others have dropped. Girl children alongside with women are working in mines as labourers as well as being sexually exploited.

• Exposures to dust, chemicals, noise, smoke fumes are the daily realities of working children.

• Minors aged less than a year who accompany their mothers are also exploited to the hardship of mining areas.

THE AIM AND HOW TO ELIMINATE THE THE AIM AND HOW TO ELIMINATE THE WORST FORMS OF CHILD LABOUR:WORST FORMS OF CHILD LABOUR:

The aim of elimination of worst forms of child labour:

i. To improve the capacity of duty bearers to address child labour and child protection;

ii. To raise awareness on child rights, address poverty.

iii.To improve the quality of education for better prevention and integration of working children;

iv.Application of best practice mode that integrate multi-sectoral approach.

• We work in partnership of three NGOs which are Plan International, NELICO and CODERT. We work in association with Government departments, which include Police force, Education, Community Development, Social Welfare, Planning, Mining and Justice.

• We work as a Regional Network under the chairmanship of the District Commissioner.

What we do:What we do:

• The roadmap for achieving this mandate should among others be as follows:

• Need to involve/participation of small scale miners in the process of Elimination of child labour in all levels (Policy, Law, Implementation).

• Empowerment of small-scale miners:

-Enlighten on good methods of mining,

-Safety, market information, financial management, technological, e.t.c.

• Better opportunities in Public and Private sector for decent jobs.• Duty bearers to stand firmly to implement the laws.• Collective commitment of government, Association of Tanzania

Employers (ATE), Trade Union Congress of Tanzania (TUCTA), International Organizations, faith-based organizations, community based organisations and civil society organisations.

THE MANDATE AND ROADMAP:THE MANDATE AND ROADMAP:

SUCCESS:SUCCESS:

• We support 4,500 house holds through Village Saving and Loans association to attain improved access to economic security by creating saving and getting microfinance loans.

• We support 6280 girls and 5880 boys to access/reintegrate them to school so they may complete primary education, currently 4,000 children have been rescued from Child Labour.

Summing-up:Summing-up:

Addressing the issue of worst forms of child labour is not an easy task. Several actors should come to play. Addressing poverty alleviation is a key issue because this is a driven factor that forces children to engage/be engaged in the problem.

AHSANTENIAHSANTENI