PROTECTING CHILDREN AGAINST CHILD LABOUR AND CHILD TRAFFICKING

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PROTECTING CHILDREN AGAINST CHILD LABOUR AND
CHILD TRAFFICKING

• A PAPER PRESENTED AT THE LAY MAGISTATES
  ORIENTATION WORKSHOP ON CHILD RIGHTS, KAMBIRI
  LODGE, SALIMA, 29TH -30TH JANUARY, 2008
• BY
• OLIVE P. PANYANJA
• PRINCIPAL LABOUR OFFICER
• DISTRICT LABOUR OFFICE
• P.O. BOX 21

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• BACKGROUND INFORMATION
• DISTRICT INFORMATION
• Kasungu District is located in the Central Region
  of Malawi
• It has got an area of 7878sq km with a population
  of 628,768 and annual growth rate of 3.6

• ECONOMIC BACKGROUND
• Agriculture is the major economical sector in the
  district
• Over 80 of the people work in this sector with
  over 139,558 farming families with an average
  landholding size of 1.9 ha.
• Kasungu has more than 22,000 tobacco estates
  which highly depend on a large workforce
• Due to labour intensive the estates encourage
  people from other districts to migrate to Kasungu
  in search for work
• Victims are children trafficked within and to
  other countries

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• DEFINITION OF A CHILD
• A child is defined as any person under 18 years
  of age, unless national laws recognize the age of
  maturity earlier (CRC article, Constitution of
  Malawi, section 23 (5) 16 years of age

• CONVENTION ON THE RIGHTS OF CHILD(CRC)
• GENERAL PRINCIPLES
• Non discriminatory all rights apply to all
  children from any form of discrimination and to
  take positive action to promote their rights
  CRC article 2
• Best interest of a child all actions concerning
  the child shall take full account of his or her
  best interest. The state must provide the child
  with adequate care when parents or others who are
  responsible for a child fail to do so. (CRC
  article 3)
• Respect of views of the child the child has the
  right to express his or her opinion freely aid to
  have that opinion taken into account in and
  matters affecting the child (CRC article 2)

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• RIGHTS OF CHILDREN
• Name and Nationality right to a name at birth
  and also a right to acquire nationality to know
  his or her parents and be cared for.
• Preservation of identity
• Freedom of expression
• Freedom of thought, conscience and religion
• Freedom of association CRC article 15
• Children are entitled to be protected from
  economic exploitation that is or is likely to
  be-
• Be hazardous
• Interfere with education
• Be harmful to their health or to their physical,
  mental or spiritual or social development
  (constitution section 23 (4)

• WHAT IS MEANT BY CHILD LABOUR
• Child labour refers to work that
• Is mentally, physically, socially or morally
  dangerous and harmful to children and,
• Interferes with their schooling
• By depriving them of the opportunity to attend
  school
• By obliging them to leave school prematurely
• By requiring them to attempt to combine school
  attendance with excessively long hours

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• WHAT IS MEANT BY CHILD WORK
• Children or adolescents, participation in work
  that does not affect their health or personal
  development or interference with schooling. This
  includes activities such as
• Helping parents care for the home
• Assisting in family business or earning pocket
  money outside school hours and during school
  holidays
• It contributes to children development and to the
  welfare of their families
• It provides them with skills, attitudes and
  experience and helps them to be useful and
  productive members of the society during adult
  life

• CAUSES OF CHILD LABOUR
• Poverty
• Lack of schools, teachers
• Discrimination
• Cultural definition of a child
• HIV and AIDS epidemic
• Breakdown families
• Lack of policy enforcement
• Searching for cheap labour

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• CHILD LABOUR SITUATION IN MALAWI
• The 2002 Malawi Demographic and Health Survey
  conducted by National Stastical office collected
  data on the work activities of children ages 14.
  The finding showed that 9 of children age 5-14
  were working for non-relatives. 2/3 of which was
  without pay. Sixty two percent were working in a
  family business or on the family farm and 19 of
  the children were doing domestic work for at
  least 4 hours per day. Overall, 27 of the
  children were working for a non relative (paid or
  unpaid or spending at least four hours a day,
  household chores. It also revealed that 1.4
  million are working in rural areas

• EFFECTS OF CHILD LABOUR
• High rate of school drop outs
• Vulnerability on orphans
• Increase in Street kids
• High illiterate levels
• Low participation in development

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• LEGAL FRAMEWORK AND EXISITNG POLICIES TO CONTROL
  CHILD LABOUR
• A summary of existing laws against child labour
  begins with the protection and abuse on children
  from labour through, the Constitution of the
  Republic of Malawi. The further guidelines are
  provided in the Employment Act No. 6 of the year
  2000 sections 21 to 24.
• The chapter four of the constitution of Republic
  of Malawi provides guidelines on the protection
  of human rights and freedoms (The Malawi
  government 2000 P 15) the guidelines on the
  rights of the child in section 23 on page 17 sub
  section No. 4,5 spans the protection of child
  labour and it reads as follows
• Children are entitled to be protected from
  economic exploitation or any treatment, work or
  punishment that is or likely to
• Be hazardous
• Interfere with their education
• Be harmful to their health their physical, mental
  and spiritual or social development

• Existing child labour conventions-
• Malawi has ratified the following conventions on
  right of a child
• The United Nation Charter on the rights of the
  child
• The ILO Convention Against worst forms of child
  labour C182
• The ILO Convention on minimum age for admission
  of employment

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• ACHIEVEMENTS
• Using the structures on the ground (DCLC, CCLC)
  working with child protection committees, have
  managed to withdraw 700 and send them back to
  school
• Due to good networking in district since the DCLC
  is comprised of all the stakeholders. The
  perpetrators are taken to police
• Establishment of active DCLC, children know where
  to report to when they are abused
• Public awareness on child labour and stop
  violence against children
• BREAKING NEWS
• One child worker who was withdrawn from child
  labour has been selected to Kamuzu Academy and
  several others to boarding secondary schools

• CHALLENGES
• Lack of resources for alternative intervention to
  the withdrawn children
• Delay of child labour cases in the court
• Fair judgments to the perpetrators which lead to
  repeating of the offence
• Inadequate funding to carry out activities
• No rehabilitation interventions to the withdrawn
  children from this office
• No repatriation costs to the withdrawn children,
  transport, food and accommodation

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• WAY FORWARD
• Raising awareness on child labour/ protection
• Handling the child labour issues in a multi
  sectoral way
• Continue raising awareness to children on child
  labour so that they should know where to report
  when they are abused

• CASE STUDIES
• On 10th December, 2004, four child labourers
  reported to this office and lodged their
  complaints on non payment of wages and being
  harrased by their employer Mr. Eneya Mwale of
  Thomo vge, STA Mnyanja, Kasungu
• The children were Zunzeni Walasi and Christopher
  Pipe aged 12 of Kalumenya vge, TA Chikowi, Zomba,
  Ganizani Mailoti and Charles Sikiya aged 14 of
  Lihoma vge, TA Chikowi, Zomba
• Mr. Eneya Mwale employed these children on
  November 29, 2004 as farm labourers and herd boys
  at agreed rate of K4000 after 9 months. After
  interviewing the children, the case was reported
  to police for the arrest and prosecution of the
  employer for violating sections 21 and 22 of
  Employment Act No 6 of 2000. the arrest was done
  on the same day December 10, 2004 at his home
  about 56 kms away from the town
• He was charged with two counts namely employing
  children under the age of 14 and employing
  children between the ages of 14 and 18 in
  hazardous work. He was released on bail after
  two days. Hearing was on December, 17 2004 at
  Kasungu First Grade Magistrate Court.
• On December 24, 2004 the First Grade Magistrate,
  His worship Jackson Kabwilo passed the judgement
  and sentenced him to pay K10000 fine and in
  default 2 years imprisonment. The offender paid
  the fine. In addition to the fine, he paid K7000
  for wages for days worked and repatriation cost
  of four children. The children were repatriated
  to their homes by Social Welfare Office on
  December 17, 2004.

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• CASE STUDIES CONTINUED
• The office received a complaint on 4th November,
  2005 on wage claim for the period worked and
  repatriation cost from Richard Lesteni of
  Seleleni vge, TA Kachere, Dedza aged 12
• The child stated that he was employed by James
  Chimbwenje of Chenje vge, TA Chilowamatmbe,
  Kasungu to her 17 cattle from 17th October, 2005
  to July 2006 to pay him K5500 on completion of
  contract
• After following up the case, it was reported to
  police for the arrest and prosecution of the
  employer for violation of Section 21 of
  Employment Act No 6 of 2000. the employer was
  arrested on 4th November, 2005 at his home
  village about 48 kms away from the Boma.
• The employer was charged on one count for
  employing a child under the age of 14. He was
  released on bail on 5th November, 2005. Hearing
  was conducted on 7th November, 2005 at Kasungu
  First Grade Magistrate Court
• The judegement was passed on 9th November, 2005
  by the First Grade Magistrate His Worship Kabwilo
  and sentenced him to pay a fine of K8500 and in
  default 1 year imprisonment. He paid the fine.
  In addition to a fine he paid K2,148 for wages
  for days worked and repatriation cost. The child
  has since been repatriated to his home by Kasungu
  District Social Welfare office on 6th November,
  2005.

• CONTD
• On 25th October, 2007 the office received a
  complaint of wage claim and repatriation cost
  from the following children Gredson Dzuwa, Isaac
  Kudyamkulawa from Mpango vge, TA Kasumbu, Dedza
  and Dziko Positani of Namayesa vge, TA Kasumbu,
  Dedza aged 12, 13 and 14 respectively
• The children stated that they were taken home
  (Dedza) by Keleva Chimoto who was sent by
  Innocent Lungu of Padukana vge, STA Mnyanja,
  Kasungu who employed them as seasonal labourers
  from 11th October, 2007 at an agreed rate of
  K17000 each. They further reported that they
  left employment because the employer was giving
  them tough work.
• After investigations the case was reported to
  police for prosecution for violating section 21
  of Employment Act No 6 of 2000 which prohibits
  child labour.
• The case still in court

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CHILD TRAFFICKING IN KASUNGU

• BY OLIVE PANYANJA

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• BACKGROUND INFORMATION
• DISTRICT INFORMATION
• Kasungu District is located in the Central Region
  of Malawi
• It has got an area of 7878sq km with a population
  of 628,768 and annual growth rate of 3.6

• ECONOMIC BACKGROUND
• Agriculture is the major economical sector in the
  district
• Over 80 of the people work in this sector with
  over 139,558 farming families with an average
  landholding size of 1.9 ha.
• Kasungu has more than 22,000 tobacco estates
  which highly depend on a large workforce
• Due to labour intensive the estates encourage
  people from other districts to migrate to Kasungu
  in search for work
• Victims children are trafficked within and to
  other countries

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• DEFINITION OF CHILD TRAFFICKING
• It means the practice to mean the recruitment,
  transportation, transfer, harbouring or receipt
  of persons by means of threat or use of force or
  coercion or by means of fraud, deception, abuse
  of power by means of giving, receiving payments
  or benefits to achieve the consent of a person
  having control over another person, for the
  purpose of exploitation.

• CAUSES OF CHILD TRAFFICKING
• Cheap labour children employed in estates
• Increasing levels of poverty forces most families
  live on less than a dollar a day
• Cross boarder marriages/jobs
• The practice of poor families exchanging
  daughters for cattle
• Trafficked children lured with offers of job

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• Case Studies
• A Form 1 girl (13) from Petros Community was
  abducted on her way from school and trafficked to
  Zambia for forced marriage
• Two boys (12) from Kaphuka, Dedza were
  trafficked to Chisinga for child labour by
  Mandere Phiri
• A 14 year old boy from Mkanda was trafficked to
  Zambia in the night for child labour

• Case Studies Contd
• Two boys 15 each from Ntcheu were trafficked to
  Kawongo for employment at an estate
• A 13 year old boy from Dowa was employed by
  Polododo Nyirenda in Chimgogo
• A 12 year old girl was trafficked on her way from
  school to Zambia for marriage

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• The US Department of states 2006 Trafficking in
  Persons Report
• The report states that annually, 50 of the
  600,000 800,000 people trafficked across
  international borders are minors. The
  International Labour Organization (ILO) estimates
  that 12.3 million people are put into labour and
  sex slavery at any given time. Additionallu,
  approximately 1.2 million children are trafficked
  internally or externally each year (UNICEF, 2003)
  
• Increasing the level of awareness among parents,
  teachers, children, policymakers, implementers,
  FBOs government officials and civil society
  organizations
• Awareness and sensitization dialogue meetings
  with key stakeholders such as national and
  regional networks and organizations
• Information dissemination to these groups
• Public campaigns targeting the parents, children
  and the community at large
• Lobbying for the UN protocol ratification

• Building the capacity of children service
  providers in order to effectively fight child
  trafficking and protect children from abuse,
  neglect and exploitation by
• Training of government ministries and departments
  of children services, police, immigration,
  Judiciary, Civil society organizations, media
  associations and children themselves
• Creating community structures to effectively
  fight child trafficking in target communities
• Initiating and strengthening the anti-trafficking
  units and build alliances for better impact
• Establishing a network of institutions to
  facilitate information sharing and coordination
  of responses to child trafficking in the region
• Developing resource and information centres on
  child trafficking in each of the target country

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• Undertaking action oriented studies on child
  trafficking in Ethiopia, Kenya, Tanzania and
  Uganda
• What these communities know about child
  trafficking
• Programmes and resources available in the
  targeted communities
• Extent and forms of trafficking in children in
  the targeted communities
• Factors that force and maintain children in
  trafficking
• Organizations and different networks that are
  currently working in the area of child
  trafficking
• Good practices that could be scaled up

• HOW CAN WE COMBAT CHILD TRAFFICKING
• Increasing the level of awareness among parents,
  teachers, children, policymakers, implementers,
  FBOs, government officials and civil society
  organizations
• Awareness and sensitization dialogue meetings
  with key stakeholders such as national and
  regional networks and organizations
• Information dissemination to these groups
• Public campaigns targeting the parents, children
  and the community at large
• Contd
• Lobbying for the UN protocol ratification
• Media campaigns on child trafficking
• Review of policies and laws to establish gaps
• Alliance bulding forums of key actors

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• EFFECTS OF TRAFFICKING ON CHILDREN
• Trafficking deprives child victims the priviledge
  to exerce their wide range of rights, including
  the right to belong/identity, the right freedom,
  education, healthcare, to rest and leisure as
  well as the right not to be subjected to torture,
  or cruel and inhuman degrading treatment. When
  children are first recruited to be trafficked,
  they leave home peacefully or by deception or
  violence, as well as abduction and application of
  drugs to secure childrens obedience

• Contd
• The harm inflicted on trafficked children depends
  on the form or forms of exploitation to which
  they are subjected. Through this programme, many
  children are already benefiting in targeted
  countries, through advocacy and awareness
  raising, capacity building and improved
  networking. The created/strengthened systems
  directly benefit children who fall victims or
  potential being trafficked.

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• ACHIEVEMENTS
• Using the structures on the ground, children were
  withdrawn
• Due to good networking in the district, the
  traffickers were taken to police
• Establishment of active Child Protection
  Committees, children know where to report
• General awareness on child protection and stop
  violence against children

• CHALLENGES
• Absence of existing laws on child trafficking is
  a serious loophole
• Lack of resources for rehabilitation
• Lack of transit centres
• Lack of awareness on child trafficking
• Shortage of members of child protection
  committees equipped with knowledge on
  psycho-socio counseling
• It takes time to withdraw children from cross
  boarder trafficking

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• WAY FORWARD
• Raise awareness on child trafficking
• Involving the church in awareness raising
• Handling the issue in a multi-sectoral way
  mobilize partners
• Equipping children with knowledge and skills on
  child trafficking

• CONCLUSION
• Child trafficking is a reality in Malawi. Lets
  not close our eyes to for this is happening even
  here in our communities