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

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

Other comments on C182

Observation

2020
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Direct Request

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Article 5 of the Convention. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee noted that, according to the Survey of Activities of Young People 2010 (SAYP 2010), exposure to hazardous work was common among children aged 7 to 17 who were engaged in economic activities, which indicated 42.3 per cent among children aged 7–10, 41.8 per cent among children aged 11–14 and 41.3 among children aged 15–17. Moreover, a total of 90,000 children were reported to have been injured in the 12 months preceding SAYP 2010 while doing an economic work activity. The Committee urged the Government to intensify its efforts to eliminate the worst forms of child labour, in particular hazardous work, including information on the number and nature of infringements reported by the labour inspectorate.

The Committee notes that the Government’s report does not provide any information on this point. However, the Committee notes the information provided by the Government under the Labour Inspection Convention, 1947 (No. 81), that the restructuring and professionalization of the labour inspectorate is on-going. This report also indicates that the labour inspectors are provided with extensive trainings on various programmes to develop their competencies and access to a motor vehicle scheme and to a motor vehicle pool has been established. Moreover, various innovative initiatives are being piloted and implemented for an able functioning of the inspectorate, including measures to improve the collection of information and data relating to labour inspection activities.

The Committee notes that according to the findings of the SAYP 2015, 34.2 per cent of the total number of 577,000 children aged 7–17 years who are involved in child labour, work in hazardous conditions, including working in dusty conditions, extreme temperatures or humidity and work in water, lake, river and sea. It also notes that the proportion of children exposed to at least one hazardous working condition decreased from 41.8 per cent in 2010 to 34.2 per cent in 2015. The SAYP report further indicates that 84,000 children were injured in the 12 months preceding the survey indicating a decline from 91,000 in 2010. While noting a reduction in the number of children involved in hazardous work, the Committee encourages the Government to continue its efforts, including by strengthening the capacities of the labour inspectorate to ensure that children under the age of 18 years are not engaged in hazardous work. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide training to the labour inspectors to detect cases of children engaged in hazardous work. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Child orphans of HIV/AIDS and other vulnerable children (OVCs). In its previous comments, the Committee noted that the Department of Social Development (DSD) provides support to OVCs through a basket of services, including food support, home care, drop-in centres and psychosocial support through Home and Community-Based Care (HCBC) workers. However, noting that the number of OVCs due to AIDS aged 0–17 remained high at approximately 2.1 million children (2015 UNAIDS estimates), the Committee urged the Government to strengthen its efforts to ensure the protection of OVCs from the worst forms of child labour and to provide information on the time-bound measures taken in this regard.

The Committee notes the Government’s information that in response to the growing number of orphans and vulnerable children due to the HIV/AIDS epidemic, the DSD has partnered with the National Association of Child Care Workers (NACCW) to roll out a five-year intervention programme known as Isibindi, which means bravery or courage in isiZulu. Isibindi is a community-based child and youth care prevention and early intervention service that provides support to vulnerable children, including through improving the well-being and educational outcomes for children, skills development and creation of job opportunities for young persons which benefitted over one million children. The Committee notes the Government’s indication that the Isibindi, which is being implemented in 367 sites, has been successful in ensuring that vulnerable children remain in school, particularly children in child-headed families. Furthermore, the Department of Basic Education together with the National Student Financial Aid Scheme is providing financial assistance to vulnerable children for their higher studies and technical and vocational education and training. However, according to the UNAIDS estimates of 2019 for South Africa, the number of child orphans due to AIDS aged under 17 has reached approximately 1.4 million. While noting the measures taken by the Government, the Committee must express its concern at the high number of children orphaned by HIV/AIDS who are at an increased risk of being engaged in the worst forms of child labour. The Committee therefore strongly encourages the Government to pursue its efforts to ensure that those children are prevented from being engaged in the worst forms of child labour, in particular by continuing to ensure their access to education and vocational training and providing appropriate assistance and support. The Committee requests the Government to continue to provide information on the concrete measures taken particularly within the framework of the Isibindi initiative, and the results achieved in terms of the number of orphans and vulnerable children withdrawn from the worst forms of child labour and rehabilitated into education or vocational training. To the extent possible, please disaggregate the data provided by gender and age.

The Committee is raising other matters in a request addressed directly to the Government.