Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - South Africa (Ratification: 2000)

Other comments on C182

Observation

Direct Request

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Article 5 of the Convention. Monitoring mechanisms. In its previous comments, the Committee noted that the Children’s Amendment Bill contained several provisions related to the establishment of a child protection system. It expressed the hope that the Children’s Amendment Bill would be adopted in the near future and that the monitoring mechanisms envisaged there under would be subsequently established.

The Committee notes that the section 104 of the Children’s Act (as amended in 2007 and adopted in 2010) provides for the adoption of a comprehensive national strategy aimed at securing a properly resourced, coordinated and managed child protection system. Section 110 lists a number of persons, including labour inspectors, social workers and teachers, who upon observing that a child is in need of care and protection, must report this conclusion to the provincial Department of Social Development, a designated child protection organization, police official or clerk of the children’s court. Moreover, the Committee notes that section 141 of the Children’s Act specifies that any social worker or social service professional who becomes aware of the engagement of a child in the worst forms of child labour must report this violation to a police officer. Lastly, the Committee notes the Government’s statement that the Children’s Act unit utilizes a reporting matrix for each province on the implementation of the Children’s Act (and its related programmes) as a monitoring mechanism. The Committee requests the Government to provide information on the results achieved through the monitoring mechanisms established by the Children’s Act, including the number of violations detected and children removed from the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee previously noted that a new system was introduced to prohibit the charging of school fees for some schools located in the poorest quintile of areas. In 2007, 40 per cent of all schools had been declared “no fee schools”. Moreover, children from low-income families attending schools with fees could apply for an exemption from these fees. However, the Committee noted that there remained a significant number of out-of-school children, and that while some children were entitled to fee exemptions, difficulties in paying for uniforms, books and supplies meant that these children were enrolled in school, but were not attending.

The Committee notes the information in an ILO–IPEC report on “TECL Phase II: Supporting and monitoring the implementation of National Plans of Action in the three core countries in Southern Africa” (TECL II) from April 2011 that the Department of Education plans to make education accessible to all children by declaring all schools in poor communities “no fee schools” by 2016. However, the Committee also notes the information in the UNESCO Global Monitoring Report – Education For All of 2011 that the number of out-of-school children is rising in South Africa. This report indicates that the number of out-of-school children of primary school age rose from 236,000 in 1999 to 503,000 in 2008, and that the net enrolment rate in primary school fell from 92 per cent to 87 per cent over this period. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure access to free basic education for all children. The Committee requests the Government to provide information on the concrete measures taken in this regard, and their impact on increasing school enrolment rates and reducing the number of out-of-school children and drop-outs rates.

Prevention of the worst forms of child labour, in particular child trafficking. In its previous comments, the Committee noted the Government’s indication the Child Labour Programme of Action (CLPA) contained various measures to prevent child trafficking. The Committee further noted that the Government had initiated a child protection plan for the 2010 FIFA World Cup to prevent the increase in illegal activities which put children at risk, such as child trafficking, commercial exploitation of children and other worst forms of child labour. It requested information on measures taken in this regard.

The Committee notes the information in the Government’s report that the Department of Social Development developed the Child Protection Action Plan for the 2010 FIFA World Cup, and that provincial plans were implemented along with this National Plan. In this regard, the Government indicates that capacity building measures were undertaken with the teams in nine provinces on the Standard Operating Procedures and legal processes for assisting children in need of care and protection. The Government indicates that these teams included labour inspectors and that the teams operated outside of normal working hours, to ensure that services were available to children in the evening. The Committee also notes the Government’s indication that the Department of Social Development held meetings with Border Control Officials regarding the roles and responsibilities for dealing with at-risk children at ports of entry. The Government further indicates that awareness-raising programmes were held by provincial Departments of Social Development on the issues of human trafficking and the vulnerability of children as well as on child abuse and neglect. The Government states that this broad planning assisted in ensuring that children were not vulnerable to trafficking and the other worst forms of child labour. The Committee further notes the Government’s indication that the implementation will soon commence of measures of the CLPA for which the Department of Social Development is responsible, and that the CLPA is incorporated into the Department of Social Development’s five year plan for training and capacity building.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Children used to commit crime. The Committee had previously noted that the TECL project included a pilot programme for children used by adults and older children to commit crimes (CUBAC). It also noted that the Gauteng and Western Cape Departments of Social Development were implementing CUBAC guidelines and training for prosecutors, probation officers and police.

The Committee notes that section 92 of the Children’s Justice Act of 2008 states that if a child has been used by an adult to commit a crime, that adult must be reported to the South African Police Service. Section 92 also states that an adult’s involvement in the commission of a crime must be taken into account when determining the treatment of a child in the justice system. The Committee also notes the information in an ILO–IPEC report on the TECL II from April 2011 that both prevention and withdrawal activities have begun within the target areas in the Gauteng Province where the children in CUBAC are concentrated. This report indicates that two action projects, the “Programme to Withdraw, Prevent, Rehabilitate children from CSEC and CUBAC in the Benoni areas in Gauteng” and the “Programme to Withdraw, Prevent, Rehabilitate children from CSEC and CUBAC in the Hilbrow Area of Johannesburg in Gauteng” are being implemented and are due to be completed by the end of 2011. The Committee requests the Government to provide information on the number of child victims of CUBAC who have been identified, withdrawn and effectively reintegrated into their communities through the action programmes implemented within the framework of the TECL II.