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DEPARTMENT OF LABOUR

Presentation to the Parliamentary Labour Portfolio Committee

Child Labour – 13 August 2002

DEPARTMENT OF LABOUR 1

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Agenda1. Definition of child labour

2. Legislative framework

3. Government interventions

4. Ratification of ILO Conventions

5. DoL’s approach to child labour

6. Initiatives of the Department of labour

7. Children in the Performing Arts

8. Education and awareness raising

9. Annual plan and budget

10. Conclusion

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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.

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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

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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

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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

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Ratification of ILO Conventions

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

South Africa has ratified the following Convention i.r.o children’s

issues:

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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

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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

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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:

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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

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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

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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)

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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

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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

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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

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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

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Survey cont’d

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.

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:

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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  

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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

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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

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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 set22

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CIPA cont’d

A report tabling findings of the investigations and proposed recommendations have been presented to the Employment Conditions Commission (ECC).

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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

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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

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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

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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

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DEPARTMENT OF LABOUR

Presentation to the Parliamentary Labour Portfolio Committee

Child Labour – 13 August 2002

DEPARTMENT OF LABOUR 28

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