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Parliamentary Presentation: Child Labour 13 August 2002

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Title: Parliamentary Presentation: Child Labour 13 August 2002


1
1
DEPARTMENT OF LABOUR
Presentation to the Parliamentary Labour
Portfolio Committee
Child Labour 13 August 2002
DEPARTMENT OF LABOUR
2
Agenda
  • Definition of child labour
  • Legislative framework
  • Government interventions
  • Ratification of ILO Conventions
  • DoLs approach to child labour
  • Initiatives of the Department of labour
  • 7. Children in the Performing Arts
  • 8. Education and awareness raising
  • 9. Annual plan and budget
  • 10. Conclusion

2
3
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.

3
4
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 Sexual Offences Act, No 23 of 1957
  • ? The South African Schools Act Allows children
    who are 15 or who have completed the 9th grade to
    work, whichever comes first

4
5
Legislative framework contd
  • ? The Child Care Act, No 74 of 1983
  • ? 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

5
6
Government interventions
  • ? Convention on the Rights of the Child 1995
  • ? The OAU African Charter on the Rights and
    Welfare of the Child
  • ? ILO-Memorandum of Understanding 1998
  • ? Ratification of ILO Conventions

6
7
Ratification of ILO Conventions
South Africa has ratified the following
Convention i.r.o childrens issues
  • ? Minimum Age for Admission to Employment, No.
    138
  • ? Abolition of Forced Labour, No 105 of 1957
  • ? Convention on the Worst Forms of Child Labour,
    No 182 of 1999

7
8
DoLs approach to child labour
  • ? 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

8
9
Initiatives of the Department of Labour (DoL)
  • ? Memorandum of Understanding (MoU) with the ILO
  • ? The Child Labour Inter - sectoral group (Clig)
  • ? Enforcement Policy
  • ? Survey on the Activities of Young People (SAYP)
  • ? Children in the Performing Arts
  • ? Education and awareness raising

9
10
Memorandum of Understanding
Signed in 1998 between the ILO/IPEC and the
government of South Africa with the aim of
  • ? Making SA a partner in the fight against child
    labour
  • ? Enabling SA to receive ongoing cooperation and
    technical support to combat child labour

10
11
The Child Labour Inter - sectoral Group (Clig)
  • ? Clig was formed in 1998 by DoL with the aim of
    fighting child labour in a collaborative and
    integrated manner
  • ? Clig is a forum under the auspices of the
    national programme of action for the Child (NPA)
  • ? DoL acts as the Secretariat and coordinator
  • ? Clig is a coalition of key government
    departments, organised labour, organised business
    and NGOs

11
12
Clig contd
  • The terms of reference for Clig are
  • ? Oversee and facilitate the process of
    eliminating the most harzardous forms of child
    labour
  • ? Co ordinate policies and programmes
  • ? Create awareness campaigns with regard to child
    labour
  • ? Facilitate debate on policy issues

12
13
Clig contd
  • ? Monitor progress on the elimination of child
    labour
  • ? Encourage and/or facilitate the formation of
    provincial and sectoral structures
  • ? Clig structures exist in all provinces working
    in partnership with Provincial Programmes of
    Action (PPAs)

13
14
Enforcement policy
  • ? 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

14
15
Enforcement contd
  • ? In 2002, the enforcement strategy was reviewed
  • ? It was then workshopped with all labour
    inspectors nationally
  • ? It is included as a module in the Technikon SA
    training
  • ? There was pilot training for Clig structures in
    two provinces during July 2002

15
16
Survey on the Activities of Young People (SAYP),
1999
  • ? 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

16
17
Survey contd
  • Findings
  • ? At 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

17
18
Survey contd
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.

18
19
Survey contd
  • ? 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, involved in the drug trade or
    other illegal activities  

19
20
Development of a Programme of Action on Child
Labour (POA)
  • ? 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

21
Development of a Programme of Action on Child
Labour (POA)
  • 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

21
22
Children in the Performing Arts (CIPA)
  • 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
22
23
CIPA contd
  • ? A report tabling findings of the investigations
    and proposed recommendations have been presented
    to the Employment Conditions Commission (ECC).

23
24
Education and awareness raising
  • ? Participation in workshops, seminars and
    conferences
  • ? Participation in national days celebrations
  • ? DoL Website
  • ? Stakeholder database
  • ? Print and electronic media
  • ? Distribution strategy is in place

24
25
Annual plan and budget for child labour 2002
  • ? One year output Programme of action for the
    eradication of child labour developed,
    implemented and monitored
  • ? A budget is available for 2002

25
26
Annual plan contd
  • ? Development of a POA for SA
  • ? Support to all provincial Clig structures
    ensured
  • ? Advocacy and distribution strategy in place and
    operational
  • ? Inspection blitzes conducted

26
27
Conclusion
  • ? The Department of labour takes the issue of
    child labour very seriously
  • ? DoL is committed to the eradication of this
    phenomenon
  • ? Emphasis is on education, awareness raising and
    enforcement

27
28
DEPARTMENT OF LABOUR
Presentation to the Parliamentary Labour
Portfolio Committee
Child Labour 13 August 2002
? ? END ? ?
DEPARTMENT OF LABOUR
28
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