DEPARTMENT OF LABOUR

1. DEPARTMENT OF LABOUR 1 Presentation to the Portfolio Committee on Social Development Child Labour- 27 August 2004 DEPARTMENT OF LABOUR

2. 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 Purpose of the presentation

3. Child labour iswork 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 Overview What is Child Labour?

4. 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 4

5. 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

6. Ratification of ILO Conventions South Africa has ratified the following Convention i.r.o children’s issues:  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 6

7. 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. 7

8. 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 8

9. 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: • Determine the nature and extent of child labour in the country • Identify sectors that employ children • Develop appropriate measures to address the incidence of child labour • Lay the foundation for the development of the Child Labour Action Programme (CLAP).

10. 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.

11. 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

12. 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

13. 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

14. 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 Organisations that have been consulted

15. Worst forms Commercial sexual exploitation Bonded labour and servitude Trafficking Drug trade & other illegal activities Seriously hazardous work Other Collecting wood & water Domestic work (for another) Household chores Agriculture: Commercial & subsistence Retail sector Key activities of children needing attention

16. 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 Action steps of various government departments

17. Social Development - Child commercial sexual exploitation - Removal, rehabilitation and unification Department of Water Affairs & Forestry, & Department of Minerals & Energy - Provision of infrastructure Action steps cont’d

18. Labour Inspection and enforcement Home Affairs Officials and Police Rights and needs of immigrant and refugee children Action steps cont’d

19. 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

20. 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

21. Challenges Cont’d • Costing and final consideration by government and other stakeholders • Consideration and adoption by cabinet

22. 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

23. 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 23