1. 1 DEPARTMENT OF LABOUR Presentation to the Joint Monitoring Committee on the Improvement of the Quality of Life and Status of Children, Youth and Disabled Persons 01 November 2002 DEPARTMENT OF LABOUR 1

2. 2 Agenda 1.Definition of child labour 2.Legislative framework 3.What has been achieved? 4.Development of a Programme of Action 5.Ratification of ILO Conventions 6.Enforcement Policy 7.Short – term goals 8.Education and awareness 9.Annual plan & budget 10.Conclusion 2

3. 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. 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 Child Care Act, No 74 of 1983:  The South African Schools Act: Allows children who are 15 or who have completed the 9 th grade to work, whichever comes first 4

5. 5 Legislative framework cont’d  The Sexual Offences Act, No 23 of 1957  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. 6 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 6

7. 7 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

8. 8  Clig is a coalition of key government departments, organised labour, organised business and NGO’s  Clig is also a sub committee of the National Programme of Action (NPA)  DoL acts as the Secretariat and coordinator for all Clig activities Clig (1)

9. 9 Clig (2) The terms of reference for Clig are: To oversee and facilitate the process of eliminating the most hazardous forms of child labour To coordinate policies and programmes To create awareness campaigns with regard to child labour To facilitate debate on policy

10. 10 Survey (1)  1999: The Survey on the Activities of Young People  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

11. 11 Survey (2) Findings: At the 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

12. 12 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. Survey (3)

13. 13 Survey (4) 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

14. 14 Development of a Programme of Action on Child Labour (POA) (1)  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

15. 15 Development of a Programme of Action on Child Labour (POA) (2) 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

16. 16 Ratification of ILO Conventions  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 South Africa has ratified the following Convention i.r.o children’s issues: 16

17. 17 Enforcement policy (1)  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 17

18. 18 Enforcement (2)  In 2002, the enforcement strategy was reviewed  It was then work - shopped with all labour inspectors nationally  It is included as a module in the Technikon SA training 18

19. 19 Short – term goals (1) Children in the Performing Arts 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 19

20. 20 Short – term goals (2)  A report tabling findings of the investigations and proposed recommendations have been presented to the Employment Conditions Commission (ECC). 20

21. 21 Short – term goals (3) Training on child labour In June 2002, DoL’s Child Labour Team embarked on provincial training for its social partners within Clig Five provinces have trained so far Training will be finalised in November 21

22. 22 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 22

23. 23 Annual plan and budget for child labour: 2002 - 2003 23

24. 24  One year output: Programme of action for the eradication of child labour developed, implemented and monitored  A budget is available for 2002 - 2003

25. 25 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 25

26. 26 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.  Hence participation and involvement in structures like Clig, the NPA etc is crucial Emphasis is on education, awareness raising and enforcement 26

27. 27 DEPARTMENT OF LABOUR Presentation to the Joint Monitoring Committee on the Improvement of the Quality of and Status of Children, Youth and Disabled Persons 01November 2002 DEPARTMENT OF LABOUR 27   END  