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Minimum Age Convention, 1973 (No. 138) - South Sudan (RATIFICATION: 2012)

Other comments on C138

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information with regard to any policies implemented or envisaged to address child labour in the country. In this regard, the Committee notes that according to the 2012 report on the labour market in South Sudan, published by Understanding Children’s Work (UCW), a joint ILO, World Bank and UNICEF initiative, three out of five children are already in the labour force by the age of 10 years. According to this report, nearly three-fourths of working children are in unremunerated family employment and 60 per cent of children are in the agricultural sector. Moreover, according to the ILO–IPEC report of 2013 entitled: Child labour and education in pastoralist communities in South Sudan, children between the ages of 5–17 are highly utilized among the pastoralist communities in the daily workings of the cattle camp. The Committee requests the Government to develop and adopt national policy measures to ensure the effective abolition of child labour, particularly in agriculture and the livestock sector. It requests the Government to provide information on the measures taken or envisaged in this regard.

Article 2(1). 1. Scope of application. The Committee notes that according to section 25(3) of the Child Act of 2008, the minimum age for the admission of a child to paid employment shall be 14 years. This provision does not cover the employment of children under 14 years in unpaid employment. The Committee notes, however, that section 12(2) of the Labour Bill of 2012 (which is in the final process of enactment), provides that the provisions related to the minimum age applies to all work performed by children, whether or not the child is an employee. An “employee” according to section 4(4) of the Labour Bill refers to any person who works for or renders services to any other person, regardless of the form of the contract stipulated between such parties. The Committee expresses the hope that the Labour Bill which contains provisions regarding the application of the minimum age provisions to all work performed by children, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard as well as to provide a copy once it has been adopted.

2. Minimum age for admission to employment or work. In ratifying the Convention, South Sudan specified a minimum age of 14 years for admission to employment or work within its territory. The Committee notes that section 25(3) of the Child Act fixes the minimum age for admission of a child to paid employment at 14 years. Moreover, according to section 12(2) of the Labour Bill, no person shall engage or permit the engagement of a child under 14 years to perform work.

Article 2(3). Age of completion of compulsory education. The Committee notes that section 24(iii) of the Education Act of 2008 provides for free and compulsory primary education to all citizens of South Sudan. Section 24(viii) further states that a parent of a child of compulsory school age who neglects or refuses to cause the child to attend school will be held accountable. According to section 8 of the Education Act, primary education shall constitute the basic cycle of academic education of eight years duration from the ages of 6 through 14 years.

The Committee notes, however, that according to the UNICEF estimates, more than 1 million primary school aged children, mostly from rural areas, are not in school, while the few schools that do exist are not conducive to learning. About 70 per cent of children aged 6–17 years have never entered a classroom. The completion rate in primary schools is less than 10 per cent, one of the lowest in the world. Only 13 per cent of primary schools offer the full primary cycle, from grade 1 to 8. Moreover, the South Sudan Statistics of 2014, compiled by the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) indicate that the net enrolment rate in primary education is 44.4 per cent (50.8 per cent male and 37 per cent female) while this rate is only 1.6 per cent in secondary education. The Committee notes with concern the low enrolment and completion rate at the primary and secondary levels. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 24 of the Education Act. It also requests the Government to take the necessary measures to increase the school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 3(1) and (2). Hazardous work. The Committee notes that according to section 25(1) of the Child Act every child has the right to be protected from exposure to economic exploitation and child labour. Pursuant to section 5 of the Child Act, “child” means a person under the age of 18 years and “child labour” means work undertaken by a child that in some way harms or exploits him/her, whether physically, mentally, morally, or that which prevent him/her from education. It also notes that section 12(6) of the Labour Bill prohibits any person from engaging or permitting a child under the age of 18 years to perform hazardous work.

With regard to the determination of hazardous work, the Committee notes that section 25(2) of the Child Act sets out a list of types of work which are prohibited to children under 18 years of age. These include: (a) work and activities related to mining and quarrying; (b) portage of heavy loads and storage; (c) heavy agricultural labour; (d) construction work; (e) work in industrial undertakings; (f) work in places where heavy machines are used; (g) work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour; (h) work in electricity, gas, sanitary and water works; (i) service with the police, prison or military forces; (j) night work which constitutes work between the hours of six o’ clock in the evening to six o’ clock in the morning; (k) driving or touting in vehicles; (l) herding which jeopardizes the interest of the child; (m) any type of sexual work; and (n) tobacco production and trafficking. The Committee also notes the Government’s information that the Ministry of Labour through the National Steering Committee has drafted a list of hazardous types of work prohibited to children under the age of 18 years, in consultation with the social partners and other stakeholders and with the technical assistance from the ILO–IPEC programme in South Sudan. The Committee expresses the hope that the draft list of types of hazardous work prohibited to children under the age of 18 years will be finalized and adopted in the near future. It requests the Government to provide information on any progress made in this regard and to provide a copy, once it has been adopted.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee notes that pursuant to section 12(7) of the Labour Bill, the Minister of Labour may, after consultation with the trade unions and employers’ organizations and on advice from the Labour Advisory Council, issue regulations authorizing the engagement of children of 16 years of age to perform specified categories of hazardous work provided that: (i) special measures are taken to ensure the protection of the child’s health, safety and morals; (ii) the child receives adequate specific instructions or vocational training for the work performed; and (iii) that the number of hours and conditions of such hazardous work shall be as prescribed by regulations. The Committee requests the Government to indicate whether regulations have been adopted pursuant to section 12(7) of the Labour Bill authorizing children of at least 16 years of age to perform hazardous work on condition that their health, safety and morals are fully protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity.

Article 6. Vocational training and apprenticeship. The Committee notes that according to section 12(2) and (3) of the Labour Bill the prohibition on the employment of children under 14 years of age shall not be applicable to work done by children in schools or in other training institutions for educational or vocational purposes, if such work is carried on in accordance with conditions prescribed by the Minister, after consultation with the Council, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training approved by the Minister; or (c) a programme of orientation designed to facilitate the choice of an occupation or of a line of training. The Committee requests the Government to indicate whether apprenticeship programmes are permitted for young persons in undertakings, and if so to indicate the minimum age at which such programmes may be authorized.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes that according to section 25(4) of the Child Act, the minimum age for the engagement of a child in light work shall be 12 years which constitutes work that is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school. Section 25(7) further provides that the Government shall undertake to issue a regulation prescribing the hours and conditions of employment of a child.

Moreover, section 12(4) of the Labour Bill states that a child who has attained the age of 12 years may be engaged to perform light work, provided that such work is not harmful to the child’s health or safety or development, and does not interfere with the child’s attendance at school or the child’s capacity to benefit from the instruction received. Section 12(5) further states that the Minister, following consultation with registered trade unions and employers’ organizations and on advice from the Council, shall determine the light work activities in which employment or work may be permitted to children of 12 years and shall prescribe the number of hours and conditions of such work. The Committee requests the Government to take the necessary measures to ensure the adoption of regulations determining light work activities permitted to children of 12 years and prescribing the number of hours and conditions of such work, pursuant to section 12(5) of the Labour Bill. It also requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes that the provisions under section 12(8) of the Labour Bill empowers the Minister to establish a system, after consultation with registered trade unions and employers’ organizations and on advice of the Council, by which a child under the age of 14 years may obtain a permit for such purposes as participation in artistic performances. Section 12(9) further provides that the permits provided shall be granted on an individual basis and shall prescribe the conditions and limit the number of hours under which such employment shall be permitted. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to establish a system of providing individual permits for participation of children in artistic performances, pursuant to section 12(8) and (9) of the Labour Bill. It requests the Government to provide information on any progress made in this regard.

Article 9(1). Penalties. The Committee notes the Government’s statement that the Penal Code needs to be reviewed in order to include penalties for the offences related to the employment of children and young persons. It also notes that the Labour Bill, under section 132 provides that the Minister shall issue regulations establishing the penalties that may be imposed by the Labour Court for any offence under this Act. The Committee requests the Government to take the necessary measures, without delay, to ensure the adoption of regulations pursuant to section 132 of the Labour Bill which will establish penalties for the offences related to the employment of children and young persons. It also requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions regarding the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that, according to section 25(6) of the Child Act, no employer shall engage a child in employment without satisfactory proof of the child’s age. Section 25(8) further states that the Government shall undertake to ensure that employers employing a child (defined under section 5 as persons under the age of 18 years) shall maintain registers containing the particulars relating to the employment of such a child, including their name and age.

Labour inspectorate. The Committee notes that section 29 of the Labour Bill provides for the establishment of offices of the labour inspectorate in each State of South Sudan. According to section 30 of the Labour Bill, labour inspectors shall supervise compliance of this Act; investigate complaints received by the labour inspectorate; inform and advise employers and workers on effective means to comply with this Act; instigate legal proceedings to enforce this Act; and perform such other functions as may be prescribed under this Act or by the regulations. The Committee requests the Government to provide information on the functioning of the labour inspectorate, including the number of inspections carried out as well as the number of violations detected with regard to the employment of children and young persons and penalties imposed.

Application of the Convention in practice. The Committee notes from the Government’s report that South Sudan was part of the ILO–IPEC Tackling Child Labour through Education (TACKLE) project which came to an end in 2013. According to the Government’s report, within the framework of this project, South Sudan was able to: (i) establish the National Steering Committee on the Elimination of Child Labour; (ii) draw up a list of types of hazardous work prohibited to children; (iii) create a new Child Labour Unit; and (iv) organize awareness-raising activities both at national and state levels. Noting the absence of any statistical information on the employment of children and young persons, the Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children and young persons in South Sudan is made available. It also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons as soon as this information becomes available, extracts from inspection services reports, information on the number and nature of contraventions reported, and penalties imposed.

The Committee expresses the firm hope that the Labour Bill of 2012 which contains several provisions that are in line with the provisions of this Convention, will be finalized and adopted in the near future. It also encourages the Government to take into consideration, the Committee’s comments on discrepancies between the Labour Bill and the Convention.