DEPARTMENT OF LABOUR

1. DEPARTMENT OF LABOUR 1 Presentation to the Parliamentary Labour Portfolio Committee Child Labour – 13 August 2002 DEPARTMENT OF LABOUR

2. Definition of child labour Legislative framework Government interventions Ratification of ILO Conventions DoL’s 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 Agenda 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 cont’d 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 children’s 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. DoL’s 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  Making SA a partner in the fight against child labour  Enabling SA to receive ongoing cooperation and technical support to combat child labour Signed in 1998 between the ILO/IPEC and the government of South Africa with the aim of: 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 NGO’s 11

12. Clig cont’d 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 cont’d  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 (PPA’s) 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 cont’d  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 cont’d 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 cont’d 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 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, 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 cont’d  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 day’s 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 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 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