Child Labour Programme of Action CLPA Presentation to Labour Portfolio Committee Cape Town 4 August 2010 Welcome and informing the DGs what the presentation is about and that as the DoL we are proud to inform them about our success in have develop as South

Purpose of the presentation Background to the CLPA Process issues Provide an overview of the CLPA Provide some Statistics Achievements against action steps set out in the CLPA What about other government Departments Some Enforcement Data for child labour Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016

BACKGROUND In September 2003, the DoL finalised the draft Child Labour Programme of Action (CLPA) a programme aimed at eradicating child Labour in South Africa. CLPA drafted in compliance with South Africa’s Constitution, the Basic Conditions of Employment Act, 1997 and South Africa’s obligations in terms of ratified international instruments such as the International Labour Organisation’s Minimum Age Convention, Worst Forms of Child Labour Convention,1999, and the UN convention on the Rights of the Child, 1989. The CLPA was adopted after extensive consultation with a body of key stakeholders and all Government Departments in order for it to be presented to Cabinet. It required a multi –sectoral and inter – disciplinary approach in drafting the CLPA. The purpose of the CLPA is to eradicate child labour in South Africa primarily through mainstreaming child labour into government policies and programmes.

What is the CLPA? The Child Labour Programme of Action (CLPA) is fundamentally a comprehensive strategy by government to address Child Labour. The updated CLPA was built on lessons learned in the pilot projects and research and policy development that was conducted. The updated CLPA will serve as the implementation document for the second phase of implementation (2008 – 2012). It will further be used as a tool in the general awareness raising on Child Labour and other Child related issues

Objectives of the CLPA The identification of forms of child labour including the worst forms, Prioritisation because of limited resources The definition and clarification of roles for all key and relevant role players, The design, implementation and monitoring of programmes, The identification of targets and indications of success, The identification of the requisite human and financial resources.

CLPA UPDATE The CLPA was first presented to Cabinet in 2005 who advised that it be updated. In 2007 the updated Child Labour Programme of Action (CLPA) was adopted by members of the Implementation Committee The updated CLPA was adopted by the Implementation Committee on the 27th September 2007. The CLPA was presented to the JCPS cluster in 2008 and Approved by Cabinet in February 2009

OVERVIEW

Key ILO Conventions Minimum Age for Admission to Employment Convention, 1973 Worst Forms of Child Labour Convention, 1999

BCEA prohibits the employment of Legislative Context BCEA prohibits the employment of under 15: 15-17 old if work in-appropriate for child’s age or bad for his / her development Sexual Offences Act: Prostitution; statutory rape, ‘immoral or indecent acts’, keeping of a brothel Promulgated 16 December 2007 SA Schools Act: No one may prevent a child from attending school. School leaving age Child Act: Identification of a child in need of care Abuse of children prohibited – ‘abuse’ includes certain forms of child work Amendment to the Act promulgated in 2010 BCEA: Only employment prohibitied. Many working children do not fall within definition of ‘employee’ But a person is presumed to be an ‘Employee’ unless contrary is proved And the Minister may deem certain children to be employees Both are criminal offences. Children 15-17: Minister may prohibit / place conditions on employment Schools Act: Criminal offence for any person to prevent a child from attending school, unless there is a valid reason for doing so. NOTE: These are only some of the laws applicable. And the strongest action may not be laws. It may be other areas of policy, such as awareness compaigns, or poverty relief programmes.

Institutional arrangements National Programme of Action Steering Committee, a cabinet mandated structure which coordinates and monitors all child rights activities: This is located in the Presidency Steering committee of the NPA’s National Task Team on Human Trafficking - Tsireledzani – Counter Trafficking Programme The Child Labour Labour Intersectoral Group which is a coalition of government departments, NGO’s, employers and employees organisations

Consultation Extensive consultations with key stakeholders was done. Government departments subsequently identified action steps within their spheres of operation and also committed themselves to implementing these action steps.

Stakeholders Consulted Partners have a role to play in all main areas of intervention Direct role in terms of services and influence on members Indirect role in terms of influencing government Business Organised business is on board Inclusion of informal sector important Organised labour Important input on labour regulations & occupational health Significant also as influential mass based organisation Child-centred NGOS Critical direct role in poverty alleviation and services Dual role: Extension of government and lobby group Goal to extend civil society involvement in CLPA

STAKEHOLDERS CONSULTED Departments of: - Education; - Social Development, - Water Affairs & Forestry, - Home Affairs, - Public Works, - Trade & industry, - Justice & Constitutional Development, - National Treasury, - Statistics SA - Health Organised Business Business Unity South Africa, Agri-SA Organised Labour NACTU, COSATU, FEDUSA NGO’s and other Network Against Child Labour, National Youth Commission, International Labour Organisation

Some Statistics

What did the first real Child Labour Statistics say SAYP - Picture in 1999 36% of children aged 5-17 years (4.8 million) did at least 3 hours ‘economic’ work or at least 7 hours other work per week 12% of children (1.7 million) did at least 12 hours ‘economic’ work or at least 14 hours’ of household work or at least 12 hours of school labour per week

Most common ‘economic’ work Subsistence agriculture Retail trade Commercial agriculture Manufacturing and construction Domestic work In many cases the businesses are family concerns

assist with family money Why do children work? In the StatsSA study: 15% assist with family money 59% duty to help family 10% other or no answer 16% earn pocket money

What did the Stats say in 2006 In 2006 a child labour module was added to the LFS Caution: the Survey on the Activities of Young Persons and the module deals with children slightly differently: SAYP 10 -14 and 15-17 LFS 10 – 15 and 16 - 17

A closer look at the 2006 Stats A total of 238 000 children were found to be employed, The only activities with significant numbers of children having done them over the last seven days were the following: work on the family plot, (household’s farm, food garden, cattle post or kraal, (140 000 children), running or doing a business (37 000), working as a paid non-domestic employee (36 000 children), and working unpaid in a family business (21 000 children). Girls and boys were equally likely to be employed (3% of each group), while children aged 16-17 years were slightly more likely to be employed than younger children (4%) Overall, 86% of employed children aged 10-17 years were working in the informal sector,

When will new Statistics be available StatsSA has included a module on child labour on the current survey that they are conducting Promised that the data will be available at the earliest end of this year but definitely before the end of the financial year Expressed interest in doing a stand alone survey similar to SAYP – funds!

Achievements against action steps set out in the CLPA

Significant strides in eradicating child labour Expansion of measures to relieve household poverty which is the main driver of child labour. The number of child support grants has increased Very importantly the upper age limit for children covered by the grant has been steadily increased - children will be eligible until they turn 18. This takes the upper age limit above the minimum age for legal work and caters in this category that are still at school. School fees have been abolished at a number of schools in the country’s poorest communities.( In 2007,55% of public schools were classified as no-fee schools)

Legislative arsenal developed Legislation to address child labour has been strengthened substantially. In 2003,most of the worst forms of child labour were not specifically named as an offence. By 2008, - a full legal arsenal against worst forms of child labour: The Children’s Act (as amended in 2007) our biggest weapon. Deals explicitly with child trafficking, children used by adults to commit crime (CUBAC), and the commercial sexual exploitation of children CSEC. It also reinforced the Basic Conditions of Employment Act’s provisions on forced labour. The Child Justice Act provides innovative ways in dealing with children that have been involved either in CUBAC (Children used by Adults to Commit Crime and CSEC (Commercial Sexual Exploitation of Children)

Legislation in the pipeline Prevention and Combating of Trafficking in Persons Bill The purpose of the Bill therefore is to generally combat trafficking in persons -prosecution, prevention, protection assistance and enforcement. A joint submission with relevant government departments was made to the Justice portfolio Committee

Time bound programme: Towards the elimination of the worst forms of Child Labour (TECL) With the assistance of the ILO’s Time bound Programme TECL we ventured into areas with a specific focus on poverty alleviation: Procedures were developed to help police and justice officials recognise when child offenders were being manipulated or exploited by adults, and take this into account when deciding how to deal with the child, and bring the adult perpetrator to justice. A method was developed to help municipalities set priorities for water provision so that they gave preference to areas where fetching water is so arduous that it amounts to child labour. Our National Department of Water Affairs has already started introducing this nationally and monitoring its impact. A study of scavenging at landfills and dumping sites provided insight to develop mechanisms on how to remove children from this hazardous activity without undermining the precarious household economy. (TECL)

Regulations on the worst forms of child labour Regulations on hazardous work by children have been published in January and came into effect in February 2010. Pamphlets on these regulations were developed and distributed The guidelines have been issued and plans to train inspectors are in the pipeline and will be achieved before the end of this financial year.

Coordination Established the Implementation Committee Established Child labour intersectoral committees in the provinces - Gauteng, Western Cape, Limpopo, Eastern Cape, Mpumalanga Moving towards greater integration and dovetailing – Intent to identify existing structures and dovetailing in these because of the integrated nature of the work and children’s issues. - (KZN, Western Cape, Limpopo, Northern Cape)

Institutional Training has been provided to the provincial roving teams. Follow up training is currently underway with the monitoring and evaluation of Children in the performance of artistic, advertising and cultural activities and child labour. Awareness raising has been done through all the different media channels. A host of pamphlets and documents have been distributed to stakeholders

Institutional Gauteng provincial office had a child labour day during the month of June to raise awareness. Envisage a child labour day later in the year 100 inspectors were trained on human trafficking through the IOM

What about other government Departments

Relevant Government Departments: SAPS Manual systems and monitoring in place at local level to monitor services to vulnerable children. Stats are also available on reported cases (Child abuse, Neglect and exploitation of children) SAPS as the secondary department in terms of this action step have done public awareness during child protection week, youth month and 16 days of activism Existing training programmes updated i.e. Children and Youth at risk to incorporate the CLPA. CUBAC, CSEC, Trafficking and Regulations on WFCL. - Draft Module developed by 1 June 2010. Approval by 4 June 2010, Train the trainer by 14 June 2010. Implementation on 5 July 2010. Amendments to existing information management systems designed and implemented to record all steps taken in key areas of a child labour policy (e.g. details regarding inspections, steps taken by departments responsible for social development of children, etc).

SAPS The child protection register has been updated in conjunction with departments of Social Development and Justice and Constitutional Development. SAPS, DSD and DHA will develop guidelines and procedures to enable the rapid and accurate identification and treatment of trafficked persons and children Approved instructions on SAPS responsibilities in regard to children in conflict with the law., CUBAC, CSEC

Who still need to be verified: Departments that still need to provide reports: Social Development, Justice and Constitutional Development, Education, Water Affairs

Some Enforcement Data for child labour

Enforcement Over the last three years the following cases were dealt with at a provincial level: Period (last 3 years) Economic sector in which the incidence was reported (e.g. domestic work, agriculture How many children were involved Status of the case Any other information Mpumalanga Nil Northern Cape 2008 2009 2007 Finance Wholesale & Retail Agriculture agriculture 1 9 Final Still in court There was not enough evidence to prosecute Case was postponed pending further investigation, but its back on the roll again   Appealed

Enforcement Period (last 3 years) Economic sector in which the incidence was reported (e.g. domestic work, agriculture How many children were involved Status of the case Any other information Free State 2009 Wholesale & Retail 1 Matter dealt with employer Settled without Court intervention Reported – 28/07/2008 Finalised – 26/06/2009 Agriculture 2 Prosecution Case argued successfully in Court. Employer admitted guilt and paid an amount of R300 27/02/2007 Case dismissed from Court None Limpopo July 2009 Hospitality Sector (restaurant) Finalized as children were removed from duty  and the employer was found guilty and paid admission of guilt  Gauteng (North and South) Nil

Enforcement Period (Preferably over the last 3 years) Give the exact period for each case if possible Economic sector in which the incidence was reported (e.g domestic work, agriculture How many children were involved Status of the case (Convictions) or Prosecutions Any other information Eastern Cape (2007) agriculture 33 Employer was charged and paid a R5000 fine Western Cape 2 North West Kwazulu Natal 042007                      06/2009 06/2008 Domestic work                                         Domestic work Wholesale & Retail 3                           3 1 Employer was charged and paid R700.00 per child Employer was charged paid a fine of R600.00 Finalized

Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016 The roadmap has been agreed to in May 2010 by The Hague Global Child Labour Conference South Africa together with other member states of the ILO agreed to the goals set out in the Roadmap The Department envisages to have a child labour day later in the year to highlight the roadmap and other child labour issues Guiding principles Its primary responsibility for enforcing the right to education for all children. The need to assume the responsibility at the highest level and with the best interests of children in mind, Responsibility extends to developing and strengthening policies and programmes, in consultation with social partners,. Action should include international cooperation where necessary to combat child trafficking, prostitution, production of pornography and the trafficking of drugs

The need for targeted action Guiding principles for governments continued: Consider ways to address the potential vulnerability of children to, in particular, the worst forms of child labour, in the context of migratory flows. Strengthening the world wide movement against child labour, including by using traditional and new media. The need for targeted action The elimination of child labour should therefore be integrated in broader policy frameworks at national and sub-national levels, and policy coordination should be strengthened through appropriate inter-ministerial mechanisms.

Thank you