Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - South Africa (Ratification: 2000)

Other comments on C138

Observation

2020
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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee previously noted from the Government’s replies to the list of issues raised by the Committee on the Rights of the Child (CRC) of 15 August 2016 that data from the Department of Labour indicated that 784,000 children were involved in economic activities between 2013 and 2016. The CRC expressed its concern in its concluding observations of 30 September 2016 that the activities of some business enterprises, in particular, those of extractive industries, had a negative impact on the enjoyment of the rights of the child, including through the exploitation of child labour (paragraph 17). It also expressed its concern at the persistent wide engagement of children in child labour, in particular in agriculture (paragraph 65). The Committee requested the Government to strengthen its efforts to ensure the progressive elimination of child labour, and to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children is made available.

The Committee notes the Government’s information in its report that the National Day Against Child Labour has been commemorated in eight of the nine provinces in order to raise awareness against child labour. It also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No.182) that the National Child Labour Programme of Action which is aimed at addressing child labour in the country is being implemented and is now on Phase IV covering 2017–21. The Committee further notes the Government’s information that according to the Survey of Activities of Young People, 2015, (SAYP 2015) of the 11.2 million children between the ages of 7 and 17 years, 577,000 children are involved in child labour, a decrease from 779,000 in 2010. The province of KwaZulu-Natal has the highest rate with about one out of ten children engaged in child labour. Children were mainly involved in production and trade of goods and services, including in private households (52.6 per cent), followed by agriculture (46.9 per cent) and transport services (25.3 per cent). While noting the measures taken and positive results achieved in terms of the reduction of child labour, the Committee requests the Government to pursue its efforts to ensure the progressive elimination of child labour in the country. It further requests the Government to provide information on the measures taken in this regard, including the concrete measures taken within the framework of the Child Labour Action Programme 2017-2021, and the results achieved in terms of the number of children withdrawn from child labour.