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

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

Articles 3(a), 5 and 7(1) of the Convention. Trafficking of children, monitoring and penalties.  In its previous comments, the Committee noted that section 284 of the Children’s Act of 2005 prohibited trafficking of children under 18 years of age or allowing a child to be trafficked. It also noted that a Children’s Act reporting matrix was developed for provincial Departments of Social Development (DSD) and civil society organizations, which are the monitoring mechanisms of the Children’s Act. The Committee further noted that the Prevention and Combating of Trafficking in Persons Act (PCTP Act), which provides for a comprehensive tool to combat trafficking of persons, including trafficking of children came into force in August 2015. The Committee requested the Government to provide information on the application in practice of the PCTP Act and of the Children’s Act.
The Committee notes the Government’s information in its report that the Department of Justice and Constitutional Development, in collaboration with the United Nations Office on Drugs and Crimes (UNODC) launched the Prevention and Combating of Trafficking in Persons National Policy Framework (NPF) in April 2019. The NPF supports the implementation of the PCTP Act and seeks to ensure that all government departments and other engaged stakeholders from civil society are collectively guided in the implementation of anti-trafficking responses and of their statutory responsibilities. The Committee also notes the Government’s information that trainings were provided to immigration officers and prosecutors by the Department of Home Affairs and the National Prosecuting Authority in identifying and dealing with cases related to trafficking in persons. The Government further indicates that a National Inter-sectoral Committee of Trafficking in Persons which comprises of national departmental representatives from Justice and Constitutional Development, Health, Home Affairs, International Relations and Cooperation, Labour, Social Development, the NPA and civil society organizations was established. This Intersectoral Committee leads the implementation and administration of the PCTP Act at the national level. In addition, Provincial Task Teams and Provincial Rapid Response Teams are also established to attend and deal with complaints and pending cases related to trafficking of persons and to ensure the efficient monitoring of such cases.
The Committee, notes moreover the Government’s indication that South Africa is a primary destination for trafficked persons in the Southern African region and within Africa at large as well as an origin and transit country for trafficking to Europe and North America. Men, women and children are being trafficked for forced labour, commercial sexual exploitation and forced begging. Moreover, girls are trafficked internally, from rural to urban areas for sexual exploitation and domestic servitude, while boys are trafficked for work in street vending, begging, agriculture, and mining. The Committee, however, notes that the Government has not provided any information on the application in practice of the PCTP Act and of the Children’s Act in relation to the convictions and penalties applied for the offences of trafficking in children, despite the prevalence of this phenomenon in the country. The Committee therefore requests the Government to provide information on the application of the PCTP Act and of the Children’s Act in practice, including statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years. It also requests the Government to provide information on the activities carried out by the National Inter-sectoral Committee, the Provincial Task Teams, the Provincial Rapid Response Teams and the DSDs as well as the measures taken within the NPF in effectively implementing the PCTP Act and the Children’s Act and their impact in preventing and combating trafficking of children under 18 years of age.
Articles 6 and 7(2) clause(b). Programmes of action to eliminate the worst forms of child labour and effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Trafficking in children.  The Committee previously noted that the PCTP Act provided for the protection and assistance for victims of trafficking. It also noted the various provisions under the Children’s Act regarding the reporting of, and dealing with child victims of trafficking, their repatriation, as well as health care services and assistance for children in need of care and protection. The Committee requested the Government to provide information on the number of child victims of trafficking, both internal and transborder, who have benefited from the rehabilitation and social integration measures pursuant to related provisions of the Children’s Act and of the PCTP Act.
The Committee notes that the Government has not provided any information in this regard. However, it notes from the Governments report that one of the objectives of the NPF is to ensure the early identification of potential and presumed victims of trafficking and to ensure their access to comprehensive assistance programmes. In this regard, the Committee notes that the NPF aims to promote a cooperative and aligned response among all government departments as well as with civil society organisations engaged in assisting and supporting victims of trafficking. The Committee also notes the Government’s information that the Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants (GLO-ACT) (2015-2019), a joint initiative by the European Union (EU) and the UNODC is being implemented in partnership with the International Organization for Migration and UNICEF. This project aims to support the development of more effective responses to trafficking and smuggling, including providing direct assistance to victims of trafficking and vulnerable migrants through strengthening the identification, referral and support mechanisms. The Committee requests the Government to provide information on the specific measures taken within the framework of the NPF and the GLO-ACT in providing for appropriate services and assistance to child victims of trafficking. It also requests the Government to provide information on the impact of such measures, in terms of the number of children who were prevented or withdrawn from trafficking and then rehabilitated and socially integrated.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education.  In its previous comments, the Committee requested the Government to provide information on the concrete measures taken to ensure access to free basic education for all children, and their impact on increasing school enrolment rates and reducing the number of out-of-school children and drop-out rates.
The Committee notes the Government’s information that South Africa has high levels of school enrolment and attendance rates with 98 per cent of children (11.2 million) aged 7-17 years attending some form of education. Out of a total of 11.5 million children of this age group, 254,000 children were reported as not attending school in 2017. The Government indicates that the main set of reasons for non-attendance relate to financial constraints (12 per cent), learner or education system failures (8 per cent), or being unable to perform at school (7 per cent). Moreover, pregnancy accounts for around 7 per cent of drop-out amongst teenage girls. Research indicates that children from more disadvantaged backgrounds with limited economic resources, lower levels of parental education, or have lost their mother are likely to drop out of school. Moreover, physical access to school remains a problem for many children, particularly those living in remote areas. The Committee notes the Government’s statement that the Child Labour Programme of Action- Phase IV, 2017-2021, aims to focus and guide the efforts of the government departments and civil society organisations serving the interest of children. The Committee notes that according to the findings of the Survey of Activities of Young People of 2015, the proportion of children not attending school declined by 0.5 per cent compared to 2010. The Committee further notes from the official website of the Government of South Africa that the Department of Basic Education (DBE) aims to develop, maintain and support a South African School education system for the 21st century through focusing, among others, on accelerating delivery and improving school infrastructure; enhancing teaching and learning; improving Grade 12 completion rates; and implementing the National School Nutrition Programme. The Committee notes that the DBE aims to provide meals to more than nine million children each year. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to facilitate access to free basic education of all children, particularly children from disadvantaged communities and in remote areas. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment, attendance and completion rates, both at primary and secondary level, and reducing school drop-out rates as well as the number of out-of-school children.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 3(a) and 7(1) of the Convention. Trafficking of children and penalties. The Committee previously noted that the Children’s Act came into force on 1 April 2010 and prohibited the trafficking of children. It also noted that, in July 2013, the President approved the Prevention and Combating of Trafficking in Persons Act (PCTP Act), while its operationalization was dependent on regulations that were required to be made by a number of concerned departments, such as the Department of Home Affairs.
The Committee notes the Government’s indication in its report that, the provincial departments of social development (DSD) faces challenges in reporting to the Children’s Act reporting matrix and the National Child Protection Register. As a result, statistics are not available on the nature of violations reported and investigated by the DSD. The Committee also notes that, the PCTP Act came into operation on 9 August 2015, and certain transitional provisions in the Criminal Law (Sexual Offences and Related Matters), Amendment Act 32 (section 71 criminalizes trafficking in persons for sexual exploitation) and the Children’s Act (section 284 criminalizes trafficking of children for any form of exploitation), were used to charge offenders for trafficking in persons. The Committee further notes that six cases were finalized, and perpetrators received sentences from ten years to life imprisonment, while 15 other cases are pending before courts. The Committee requests the Government to continue providing information on the application in practice of the PCTP Act and of the Children’s Act, particularly by providing statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed in cases of trafficking of children.
Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. The Committee previously noted the Government’s indication that a matrix of indicator was developed and used for the implementation of the Children’s Act, and 26 (15 boys and 11 girls) child victims of trafficking for sexual exploitation, forced labour, serfdom or street begging, were admitted to child and youth care centres (CYCC). The Committee also noted that the PCTP Act provided for the protection of victims of trafficking and for the provision of assistance.
The Committee notes the Government’s information that sections 150, 151, 156 and 158 of the Children’s Act provide for the identification of a child in need of care and protection by social workers and social service practitioners, as well as for the placement of concerned children in temporary safe care by court order or in a CYCC. The Committee also notes that sections 286, 289 and 290 of the Children’s Act have been repealed and incorporated in section 18 of the PCTP Act regarding the reporting of and dealing with child victims of trafficking. Other sections also cover the provision of healthcare services to a foreign victim (section 21), the repatriation of a child victim (section 31), the escorting of a child victim (section 35), trafficking of a child by parents, guardians and other persons who have parental rights and responsibilities (section 36), and an annual report on abuse or deliberate neglect of a child and findings by a Children’s Court that a child is in need of care and protection (section 39). The International Social Services (ISS) unit within the national DSD coordinates the repatriation of child victims, including the determination of favourable family circumstances and the escorting by an adult at State expense. The Committee encourages the Government to continue pursuing its efforts to provide assistance to child victims of trafficking, and requests it to provide information on the number of such victims, both internal and transborder, who have benefited from rehabilitation and social integration measures pursuant to related provisions of the Children’s Act and of the PCTP Act.
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 the Government undertook system-wide reforms over the last decade to improve the availability of and accessibility to education, and that the data showed improvements in primary school enrolment rates, school attendance rates, the retention rates for the full compulsory period of education and the drop-out rates. However, the Committee notes with regret that the Government has not provided any information in this regard. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to ensure access to free basic education for all children. The Committee urges 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-out rates.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 5 of the Convention. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee noted with concern that, according to the survey on child labour and other work-related activities in South Africa of 2010 (SAYP 2010), among children aged 7 to 17 who were engaged in economic activities, exposure to hazardous work was common; respectively 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 notes the Government’s statement in its report that the analysis of the SAYP 2010 was taken into account in compiling the action steps of the third phase (2013–17) of the Child Labour Programme of Action (CLPA), and that a standard operating procedure on finding child labour for labour inspectors was drafted. The Committee also notes that attempts to access data from provinces have proved unsuccessful, despite the provision of training and the reporting matrix to provincial departments of social development (DSD) and civil society organizations, which are the monitoring mechanisms of the Children’s Act 38 of 2005. The Committee expresses its concern at the absence of data on the number of children engaged in the worst forms of child labour. The Committee urges the Government to intensify its efforts to eliminate the worst forms of child labour, in particular hazardous work. It also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, and to provide information on the number and nature of infringements reported by the labour inspectorate, as well as through the monitoring mechanisms established by the Children’s Act.
Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Child orphans and other vulnerable children (OVCs) of HIV/AIDS. The Committee previously requested the Government to provide information on the effective and time-bound measures taken to protect OVCs from the worst forms of child labour. The Committee notes with regret that, the information requested was not provided. The Committee notes the information in the Government’s country progress report to the United Nations General Assembly Special Session on the Declaration of Commitment to HIV/AIDS of 2012 that the DSD mainly supports 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. In 2011, 1,744,573 OVCs were supported through organizations funded by both the DSD and other development partners. The Committee also notes that according to the 2015 UNAIDS estimates, the number of OVCs due to AIDS aged 0–17 remains at approximately 2.1 million children, which is the same figure as in 2011. Expressing its concern at the large number of OVCs who are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly urges the Government to strengthen its efforts to ensure that such children are protected from these worst forms. It also once again requests the Government to provide information on the effective and time-bound measures taken in this regard and on the results achieved.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 3(a) and 7(1) of the Convention, and Part V of the report form. Worst forms of child labour. Penalties. The Committee previously noted that the Children’s Act came into force on 1 April 2010 and prohibited the trafficking of children. It also noted the Government’s statement in its report to the Committee on the Elimination of Discrimination against Women (CEDAW) of 24 March 2010 that law enforcement agencies and research institutions identified South Africa as one of the countries in the region that is used by organized traffickers of human beings as a destination, transit and country of origin of victims, including child victims (CEDAW/C/ZAF/2-4, paragraphs 6.6 and 6.9).
The Committee notes the Government’s information that, in July 2013, the President approved the Prevention and Combating of Trafficking in Persons Act (PCTP Act). This Act addresses the shortcomings of the existing legislative infrastructure on trafficking in persons, creates new offences in the area of trafficking of persons, and provides for the referral of victims of trafficking by certain officials, professionals, and others, to the South African Police Service for investigation. Upon conviction, the sentence, depending on the circumstances of each case, may take the form of a fine or imprisonment for life or both. The Committee notes the Government’s indication that while the PCTP Act has been approved and signed into law, its operationalization is dependent on regulations that are required to be made by a number of role-playing departments, such as the Department of Home Affairs. The Government indicates that this is being given urgent attention, in order for the PCTP Act to be implemented as soon as possible. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking in children under 18 years of age are sufficiently effective and dissuasive and that they are applied in practice. In this regard, the Committee requests the Government to provide information on the application in practice of the PCTP Act and of the Children’s Act, particularly by providing statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed in cases of sale and trafficking of children.
Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. The Committee previously requested the Government to provide information on the number of children who have benefited from the support provided for in sections 286, 289 and 290 of the Children’s Act, particularly the number of child victims of trafficking who have received care as well as assistance with regard to their repatriation.
The Committee notes that the Government attached to its report a matrix of indicators, which relates to the implementation of the Children’s Act. According to this matrix, in 2011, 26 (15 boys and 11 girls) child victims of trafficking for sexual exploitation, forced labour, serfdom or street begging, were admitted to child and youth care centres (CYCC). The Committee also notes that the PCTP Act provides for the protection of victims of trafficking and for the provision of assistance. Once identified, child victims of trafficking fall under the protection of the Children’s Act. In addition, the PCTP Act provides for such protective measures as the granting of a recovery and reflection period for foreign victims of trafficking, proper repatriation processes, or the payment of compensation to victims of trafficking. The Committee strongly encourages the Government to pursue its efforts to provide assistance to child victims of trafficking and requests it to continue providing information on the number of such victims, both internal and trans-border, who have benefited from rehabilitation and social integration measures in CYCCs.
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 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 planned to make education accessible to all children by declaring all schools in poor communities “no fee schools” by 2016. However, the Committee also noted the information in the UNESCO Global Monitoring Report – Education for All of 2011 that the number of out-of-school children was rising in South Africa. This report indicated 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.
The Committee notes the Government’s information that it has undertaken system-wide reforms over the last decade to improve the availability and accessibility to education, including increasing the education budget, developing the infrastructure, and adopting special measures to ensure the inclusion of marginalized children. The Committee notes with interest that, according to the statistics provided by the Government, primary school enrolment rates have risen from 96 to 98 per cent from 2003 to 2011. School attendance rates for children aged 7–15 years have risen from 73 per cent in 2003 to 94 per cent in 2011. Moreover, the Government indicates the retention rates for the full compulsory period of education (grades 1–9) have passed from 80 per cent in 2003 to 88 per cent in 2010. The drop-out rates in 2010 vary from 1 to 2.5 per cent for grades 1–7, and are of 3.5 per cent for grade 8 and 11.8 per cent for grade 11. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to ensure access to free basic education for all children. The Committee requests the Government to continue providing information on the concrete measures taken in this regard, and their impact on increasing school enrolment rates and, in particular, reducing the number of out-of-school children and drop-outs rates.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee requested 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.
The Committee notes that, according to the survey on child labour and other work-related activities in South Africa of 2010 (SAYP 2010), over the period of 12 months preceding the survey, a total number of 268,000 children aged 7 to 17 reported at least one kind of “market” economic activities, that is, work for a wage or salary, running of own business, or unpaid work in a family business, which amounts to 2.4 per cent of the total number of all children in this age group. When market and non-economic market work (that is, subsistence farming, collection of fuel and water, production of goods for household use, household construction, and catching of fish or animals for household consumption) are considered together, close to two-fifths (38 per cent) of children aged 16–17 years were engaged in economic work. For children involved in economic activities, the SAYP 2010 included a question asking whether they were exposed to a range of different hazardous situations.
The Committee notes with concern that exposure to hazardous work was common among all age groups. Among children aged 7 to 10 years involved in economic activities, 42.3 per cent were exposed to hazardous working conditions, compared to 41.8 per cent among children aged 11–14 years and 41.3 per cent among children aged 15–17 years. The results show that extreme temperatures were the most common hazard (16 per cent of children engaged in economic activities), followed by exposure to fumes, fire, gas or flames (9 per cent), carrying of heavy loads (8 per cent), and use of dangerous tools (7 per cent). Moreover, a total of 90,000 children reported having been injured in the 12 months preceding the SAYP 2010 while doing an economic work activity. The Committee requests the Government to intensify its efforts to eliminate the worst forms of child labour, in particular hazardous work. It requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, and to provide information on the number and nature of infringements reported through the monitoring mechanisms established by the Children’s Act, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by age and sex.
Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Child orphans and other vulnerable children of HIV/AIDS (OVCs). The Committee previously noted the information in the Government’s country progress report to the United Nations General Assembly Special Session on the declaration of Commitment to HIV/AIDS of 2010 that there were between 1.5 million to 3 million child orphans in the country with one or both parents deceased. However, this report indicated that approximately 75 per cent of South Africa’s OVCs received some form of support, through child support grants, foster-care grants and care-dependency grants, and that the school attendance rate of orphans between the ages of 10 to 14 was only 1 per cent lower than the attendance rate of non-orphans.
The Committee takes note of the statistics communicated by the Government relating to the number of OVCs benefiting from home and community-based care services. It observes that these numbers have increased, rising from 268,336 in 2007–08, to 441,263 in 2008–09, to 617,480 in 2009–10. However, while appreciating the measures taken by the Government to protect OVCs, the Committee notes with deep concern that, according to 2011 UNAIDS estimates, the number of OVCs due to HIV/AIDS has increased to approximately 2.1 million. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly urges the Government to strengthen its efforts to ensure that such children are protected from these worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved, with its next report.
The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the adoption of Children’s Act No. 38 of 2005, but observed that only certain sections of the Children’s Act had come into force. It noted that the Act would not come fully into effect until after the finalization and adoption of the Children’s Amendment Bill and its regulations. The Committee expressed the firm hope that the Children’s Act, along with the Children’s Amendment Bill, would soon be adopted.
The Committee notes that the Children’s Act, 2005, as amended in 2007, came into force on 1 April 2010. The Committee notes with satisfaction that section 284 of the Children’s Act prohibits the trafficking of children or allowing a child to be trafficked. Section 1 of the Children’s Act defines a child as a person under the age of 18, and defines trafficking to include the recruitment, sale, supply, transportation, transfer, harbouring or receipt of children within or across the borders of the country.
Article 7(1) and Part V of the report form. Penalties and the application of the Convention in practice. The Committee previously noted the Government’s statement that the South African Police Services and the Department of Social Development were developing systems for compiling data related to the trafficking of children and the commercial sexual exploitation of children. It requested the Government to provide information from this data, as well as information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied under the Criminal Law (Sexual Offences and Related Matters) of 2007 with regard to the worst forms of child labour.
The Committee notes the information in the Government report that through inspections, no child victims of trafficking, child slavery, commercial sexual exploitation and hazardous work have been identified. However, the Committee also notes the information in the Government’s report that four cases of child trafficking were reported in the North West Province in 2010. The Committee further notes the Government’s statement in its report to Committee on the Elimination of Discrimination Against Women (CEDAW) of 24 March 2010 that law enforcement agencies and research institutions have identified South Africa as one of the countries in the region that is used by organized traffickers of human beings as a destination, transit and country of origin of victims, including child victims (CEDAW/C/ZAF/2-4, paragraphs 6.6 and 6.9). In addition, the Committee notes that CEDAW, in its concluding observations of 5 April 2011, expressed concern that statistics on the number of women and girls who are victims of trafficking for sexual and economic exploitation are not available and at the Government’s failure to address the root causes of trafficking and prostitution (CEDAW/C/ZAF/CO/4, paragraph 27). The Committee, therefore, requests the Government to strengthen its efforts to combat the trafficking and commercial sexual exploitation of persons under the age of 18, and to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of perpetrators of these offences are carried out. It also requests the Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour, particularly trafficking and commercial sexual exploitation, is made available and to provide this information in its next report. To the extent possible, all information provided should be disaggregated by sex and age.
Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. Child victims of trafficking. The Committee previously requested the Government to provide information the measures taken for the removal and rehabilitation of child victims of trafficking.
The Committee notes the information in the Government’s report that two child victims of trafficking have been repatriated to Lesotho, and that the Department of Social Development is experiencing challenges with regard to the repatriation of two children to Mozambique. The Government indicates that these children are currently in temporary safe care. The Committee also notes the Government’s reference to several provisions in the Children’s Act providing for assistance to child victims of trafficking. In this regard, the Committee notes that section 286 of the Children’s Act states that the Director-General of Foreign Affairs must facilitate the return to South Africa of a child victim of trafficking who is a citizen or permanent resident of the country, including by issuing the relevant travel documents, and, where necessary, funding an adult to escort the child for this return. Moreover, section 289 of the Children’s Act states that a child victim of trafficking found in South Africa must be referred to a designated social worker for investigation, and must be placed in temporary care during this investigation. Such a child may then be assisted in applying for asylum, and may be authorized to stay in the country for care and protection. Section 290 of the Children’s Act states that a child may not be returned to his or her country of origin without consideration being given to the availability of care in this country, the safety of the child, and the possibility that the child may be subject to harm or once again become a victim of trafficking. The Committee requests the Government to provide information on the number of children who have benefited from the support provided for in sections 286, 289 and 290 of the Children’s Act, particularly the number of child victims of trafficking who have received care as well as assistance with regard to their repatriation.
Clause (d). Identify and reach out to children at special risk. Child orphans and other vulnerable children of HIV/AIDS (OVCs). The Committee previously noted the Government’s statement that the Department of Social Development, in collaboration with the National Action Committee for Children affected by HIV/AIDS, had developed and implemented a second National Plan of Action (2009–12) for orphans and other vulnerable children of HIV/AIDS. The Committee also noted that there were an estimated 1.4 million HIV/AIDS orphans in South Africa.
The Committee notes the information in the Government’s country progress report to the United Nations General Assembly Special Session on the declaration of Commitment to HIV/AIDS of 2010 that there are between 1.5 to 3 million child orphans in the country with one or both parents deceased. However, this report indicates that approximately 75 per cent of South Africa’s OVCs received some form of support, through child support grants, foster care grants and care dependency grants, and that the school attendance rate of orphans between the ages of 10–14 was only one per cent lower than the attendance rate of non-orphans. While appreciating the measures taken by the Government to protect orphans and other vulnerable children, the Committee expresses its concern at the increasing number of children orphaned in South Africa as a result of HIV/AIDS. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts, within the framework of the National Plan of Action (2009–12) for orphans and other vulnerable children of HIV/AIDS to ensure that such children are protected from these worst forms. It requests the Government to provide information on the effective and time-bound measures taken in this regard, and on the results achieved.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted the Government’s statement that sections 70 and 71 of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2003 B50B-2003 were intended to be of a temporary nature, pending the enactment of comprehensive legislation arising from the investigation by the South Africa Law Reform Commission relating to the trafficking of persons. According to these transitory provisions, a person who traffics any person without that person’s consent is guilty of the offence of trafficking in persons for sexual purposes. The Committee had also noted with interest the adoption of Children’s Act No. 38 of 2005. However, the Committee had noted that only certain sections of the Children’s Act had come into force and the full Act would not come into force until the Children’s Amendment Bill was passed by Parliament and the regulations, among which was the Children’s Amendment Bill, had been finalized, which was anticipated for 2008.

The Committee notes the Government’s indication that the Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 came into effect on 16 December 2007 after being signed into law by the President, pending the adoption of Chapters 5 and 6 for a later date. Accordingly, it notes that Chapter 3 (sections 15–22) which deals with sexual offences against children and Chapter 7 (sections 54–72) on General Provisions, including provisions on trafficking in persons have come into force. The Committee further notes the Government’s indication that the Children’s Act No. 38 of 2005 is in force, although the amendments made to it under the Children’s Amendment Bill have not yet come into force. It will therefore fully come into effect after the finalization and adoption of the Children’s Amendment Bill and its regulations. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Children’s Act No. 38 of 2005, along with the Children’s Amendment Bill and its regulations are finalized and adopted in the near future. It also requests the Government to provide a copy of the Children’s Act 2005, and its regulations, once they are finalized and adopted.

2. Forced or compulsory recruitment for use in armed conflict. The Committee had previously noted that article 28(1)(i) of the Constitution states that every child has the right not to be used in armed conflict and to be protected in times of armed conflict. It had nonetheless noted that, pursuant to article 37(4), if a state of emergency is declared, some rights may be derogated from. It had noted that article 28(1)(i) is included in the rights that cannot be derogated from but only in so far as children under 15 years are concerned. Therefore, in a state of emergency, children between 15 and 18 could be subjected to forced recruitment for deployment in armed conflict if the emergency legislation permitted it. The Committee had requested the Government to indicate any measures taken or envisaged to prohibit the forced or compulsory recruitment of children under 18 years for use in armed conflict in a state of emergency.

The Committee notes the Government’s statement that the South African National Defence Force (SANDF) is a voluntary force with no compulsory conscription and that the minimum recruitment age into the SANDF is 18 years as stipulated in section 52 of the Defence Act. Hence the issue of forced recruitment in respect of children under 18 years does not arise in respect of the SANDF. The Government further states that section 58 of the Defence Act which deals with the state of emergency limits the obligation to serve in the SANDF to “contracted persons” which in terms of section 52 can only be a person of 18 years old. Further, according to section 91 of the Defence Act, the state of national defence is only limited to persons who are 18 and above. The Committee finally notes the Government’s indication that it is currently in the process of ratifying the UN Optional Protocol on the Rights of the Child on the involvement of children in armed conflict, and that the derogation contemplated in article 37(4) of the Constitution is subject to the legislation being consistent with South Africa’s obligations in terms of international law.

Article 3, clause (d), and Article 4, paragraph 1. Prohibition and determination of hazardous work. The Committee had previously noted the Government’s statement that the draft regulations determining the types of hazardous work were presented to the Advisory Council on Occupational Health and Safety for their consideration and endorsement. It had also noted that section 141(1)(e) of the Children’s Amendment Bill prohibits any person from encouraging, inducing or forcing, or allowing children, to perform labour that, by its nature or circumstances, is likely to harm their health, safety or morals, or that places a child’s well-being, education, physical or mental health, or spiritual, moral or social development at risk. The Committee notes with interest that Regulations 8 and 9 of the draft Basic Conditions of Employment Act Regulations on Hazardous Work (BCEA Regulations) contain a list of 38 types of work prohibited to children under 18 years of age. In addition, “piece-work” and “task work” where the remuneration is based on the quantity of work done, and on the completion of set tasks (section 5) and “night work” (section 7) are also prohibited to children under 18 years.

Article 5. Monitoring mechanisms. In its previous comments, the Committee had noted section 104 of the Children’s Amendment Bill which provides for the adoption of a comprehensive national strategy aimed at securing a properly resourced, coordinated and managed child protection system. Section 105 of the Bill further lists a number of persons, including labour inspectors, 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. According to section 150(1)(c), (e) and (g) of the Children’s Act, a child who lives or works on the streets or begs for a living, a child who has been exploited or lives in circumstances that expose the child to exploitation, or a child that may be exposed to circumstances which may seriously harm the physical, mental or social well-being of the child, is considered a child in need of care and protection. Furthermore, according to section 150(2)(a) of the same Act, a child who is a victim of child labour may be a child in need of care and protection and must be referred for investigation by a designated social worker. The Committee notes the Government’s indication that the Children’s Amendment Bill has not yet come into force. It notes the Government’s statement that the Department of Social Development is in the process of finalizing the regulations as well as some of the institutions and systems necessary for its implementation. The Committee hopes that the Children’s Amendment Bill will be adopted in the near future and that the monitoring mechanisms envisaged thereunder will be subsequently established. It requests the Government to provide information on any progress made in this regard.

Article 7, paragraph 1. Penalties. Following its previous comments, the Committee notes the information provided by the Government on the violations on child labour detected in the agricultural sector. According to this data, 16 cases of violations of child labour were registered, out of which 14 cases were investigated, six cases prosecuted, and a fine of 5,000 rand (ZAR) (US$672) was imposed in one case. It once again observes that no violations have been reported for cases of child trafficking, commercial sexual exploitation and pornography. The Committee notes that the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007 which deals with sexual offences against children includes provisions on trafficking of children, prostitution and child pornography and has strengthened measures to prosecute offenders and perpetrators of these offences against children. The Committee requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied under the Criminal Law (Sexual Offences and Related Matters) with regard to the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour.
1. Prevention of child trafficking. In its previous comments, the Committee had noted that under Child Labour Programme of Action (CLPA), various measures were envisaged to prevent child trafficking. It had also noted that the second phase of the CLPA, whose implementation was anticipated from 2008 to 2012, also envisaged additional measures to prevent child trafficking. The Committee notes that according to the Technical Progress Report (TPR) of 30 June 2008 of the ILO–IPEC project entitled Towards the elimination of the worst forms of child labour (TECL Project) which mainly focused on the implementation of the CLPA, a total of 186 children were prevented or withdrawn from trafficking during the CLPA-1 project duration through the provision of educational services or training opportunities. The Committee notes the Government’s indication that the second phase of CLPA 2008–13 aims to enable the country to reach the 2015 target for the eradication of the worst forms of child labour. The Committee further notes that as per the TPR of the TECL project of September 2009, the Government has 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. The Committee requests the Government to provide information on the impact of the child protection plan for the 2010 FIFA World Cup, in preventing the trafficking of children and other worst forms of child labour. It also requests the Government to provide information on the implementation of the measures aimed at preventing and combating the trafficking of children under 18 within the framework of the CLPA-II, and its impact.

2. Ensuring access to free basic education. The Committee had previously noted that a new system was introduced to prohibit the charging of school fees located in the poorest quintile of areas, with Government funding these schools, by amended national norms published by the Department of Education in South Africa. A total of 13,912 schools (40 per cent of all schools) had been declared no fee schools in 2007. Parents of children from households with low income attending schools other than no-fee schools could apply for exemption from paying fees. It also noted that in the CLPA-II, it has been envisaged to organize a campaign to raise awareness regarding the national school fee policy on exemptions.

The Committee notes the Government’s statement that the South African Schools Act (SASA) No. 84 of 1996 provides for compulsory education from the age of 7 to 15 years and provides for penalties for any parent who fails to comply with the compulsory attendance at school of their child. It also notes that according to the TPR of 2008 of the ILO–IPEC TECL Project, the major mainstreamed policy under the CLPA is the Child Support Grant (CSG), which addressed child poverty and which has had a positive effect on school enrolment. In 2006, 6,980,088 children were direct beneficiaries of the CSG, and in April 2008 this had increased to 8,216,334 children. According to the TPR of 2008, this grant which is currently available to children of up to 15 years shall be ultimately extended to all children up to the age of 18 years, for which discussions are ongoing with the Ministers of Finance and Social Development. The Committee further notes that according to the report of the Ministry of Education, May 2008 entitled “Learner Retention in the South African Schooling System”, there exists a sustained high enrolment rates of 95 per cent or above until about the age of 15 or 16, whereafter the enrolment rates fall quite sharply to about 50 per cent. However, according to a report entitled “Information on access to education in South Africa” (researched and compiled by the Refugee Documentation Centre of Ireland on 26 August 2009) available at the site of the United Nations High Commissioner for Refugees, since 1994, South Africa has made significant strides in improving access to basic education. Yet a recent survey suggests that approximately 400,000 children are out of school. Public education is fee based and though some children are entitled to fee exemption, low income parents find it difficult to pay for uniforms, books and supplies. Some children, therefore, are enrolled but do not attend school. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure access to free basic education for all children. It also requests the Government to take the necessary measures to increase school attendance rates and reduce school drop-out rates, especially at the secondary level so as to prevent the engagement of children in the worst forms of child labour. The Committee finally requests the Government to provide information on the measures taken in this regard, and their impact.

3. Child scavenging and waste recycling. The Committee had previously noted that according to the project description document on scavenging and waste recycling work by children in South Africa (version 2.1, 22 May 2006), the CLPA had identified that the phenomenon of child scavenging, which was classified as a worst form of child labour by several international agencies, must be dealt with, with immediate urgency. It had also noted that, under TECL auspices, measures were envisaged to, notably, investigate the policy and legislative terrain analysing the processes and problems involved in regulating child scavenging and to utilize these findings to make policy and legislative recommendations and to devise a good practice model to regulate this informal work that is done against a background of poverty and livelihood survival.

The Committee notes the Government’s statement that following a study undertaken within the framework of the CLPA on children who scavenge on waste dumps, the Government has started taking action to address this problem. It notes that the study, initiated by TECL, involved visits to 17 landfills and dumpsites in Gauteng and Kwazulu-Natal, interviews with 75 children working at five of these sites, and interaction with landfill site managers and officials. The Government further states that this study has highlighted the hazards of waste sites which pose a risk of infection and injury to children, and after consultations with the civil society members, it was decided to implement the existing Occupational Safety Legislation to protect scavenging and to provide for more safety measures for all people working on such sites. Furthermore, the Department of Environmental Affairs shall pay special attention to regulate scavenging through the Waste Managing Bill. The Committee finally notes that according to section 9(c)(ii) of the draft BCEA Regulations on Hazardous work by children, requiring or permitting a child under 18 years of age to engage in scavenging or collecting waste from garbage or waste dumps is prohibited.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. 1. Child victims of trafficking and sexual exploitation. Following its previous comments, the Committee notes the Government’s statement that the South African Police Services and the Department of Social Development are in the process of developing systems for compiling data related to trafficking of children and the commercial sexual exploitation of children. The Committee notes that through the implementation of the programmes of action under the TECL project, 186 children were withdrawn or prevented from trafficking through educational services or training opportunities; 1,167 children were withdrawn or prevented from commercial sexual exploitation through educational services or training opportunities; and 252 children through other non-education-related services. The Committee further notes that sections 286 and 290 of the Children’s Act No. 38 of 2005 provides for assistance to child victims of trafficking and for the safe repatriation to the country of origin of child victims of trafficking. The Committee notes, however, that, according to “Trafficking in persons report 2009 – South Africa” available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), South Africa is a source, transit and destination country for trafficked men, women and children. Women and girls from Thailand, Congo, India, China, Taiwan, Russian Federation, Ukraine, Mozambique and Zimbabwe are trafficked to South Africa for commercial sexual exploitation, domestic servitude and forced labour in the service sector. Young men and boys from Mozambique, Malawi and Zimbabwe migrate illegally to South Africa for farm work, sometimes labouring for months in South Africa with little or no pay and under conditions of involuntary servitude. The Committee requests the Government to provide information on the effective and time-bound measures taken for the removal and rehabilitation of child victims of trafficking, and the results achieved. It also requests the Government to provide information on the number of child victims of trafficking who have been provided assistance and who have been safely repatriated to their countries of origin. It further requests the Government to provide information on the data compiled by the South African Police Services and the Department of Social Development on child trafficking and the commercial sexual exploitation of children.

2. Children used to commit crime. The Committee had previously noted that TECL project had designed a pilot programme for children used by adults and older children to commit crime (CUBAC). It had also noted that the strategy for addressing CUBAC included mechanisms to ensure overall ILO–IPEC strategies of prevention, withdrawal and rehabilitation. The programme focused on reintegration, which enables a child to return home and the community sufficiently equipped with skills so as not to commit further offences. The Committee notes the Government’s information that the Department of Social Development as well as the South African Police Services are developing systems and institutions to deal with children used by adults to commit crime. The Committee also notes that according to the ILO–IPEC TPR of 2008, within the framework of the TECL project, a new provision criminalizing the offence related to using of children by adults to commit crime has been introduced in the Children’s Act of 2005; and training material for prosecutors and magistrates dealing with CUBAC has also been developed. It further notes that the Gauteng and Western Cape Department of social development are currently implementing the CUBAC guidelines and training for prosecutors, probation officers and police. The Committee once again requests the Government to provide information on the number of children who had committed crimes who were effectively reintegrated into their communities through the CUBAC pilot programme under TECL. It also requests the Government to provide information on the systems and institutions established by the Department of Social Development as well as the South African Police Service to deal with children used by adults to commit crime.

Clause (d). Identify and reach out to children at special risk. Child victims/orphans of HIV/AIDS. The Committee had previously noted that the CLPA-II envisaged to pursue the measures undertaken within the CLPA-I to protect child victims of HIV/AIDS. It had also noted that the Government had a large-scale programme for the provision of anti-retroviral (ARV) treatment which would subsequently reduce the projected number of orphans. The Committee notes the Government’s statement that the Department of Social Development in collaboration with the National Action Committee for Children affected by HIV/AIDS (NACCA) developed and implemented a National Plan of Action (NAP) (2006–08) for orphans and other vulnerable children of HIV/AIDS. The main aim of this NAP was to reduce the vulnerability of child orphans of HIV/AIDS of the country and to ensure adequate protection and provision of a package of minimum services to these children. The Committee also notes the Government’s indication that the NAP 2006 was reviewed and a new National Plan of Action 2009–12 with the following strategic goals was developed:

–           strengthen and support the capacity of families to protect and care for orphaned children;

–           mobilize and strengthen community-based responses for the care, support and protection of orphaned children;

–           ensure that the legislation, policy, strategies and programmes are in place to protect the most vulnerable children;

–           ensure access of orphaned children to essential services;

–           raise awareness and advocate for the creation of a supportive environment for orphaned children; and

–           strengthen mechanisms to drive and support the implementation of NAP.

The Committee further notes that according to the Joint United Nations Programme on HIV/AIDS, UNAIDS (Country Situation, South Africa, July 2008) the Government has introduced a comprehensive programme for the management, treatment, care and support of AIDS. This programme has enrolled approximately 370,000 people as of September 2007 with ARV treatment in the public sector and an estimated 120,000 people in the private sector, which is the largest AIDS treatment programme in the world. The Committee notes, however, that according to the Epidemiological Fact Sheet for 2008 of the UNAIDS, there are an estimated 1,400,000 HIV/AIDS orphans in South Africa. Considering that the HIV/AIDS pandemic has serious consequences for orphans who are more exposed to the worst forms of child labour, the Committee encourages the Government to redouble its efforts to combat HIV/AIDS-induced child labour. It also requests the Government to provide information on the impact of the National Plan of Action 2009–12 on protecting child victims and orphans of HIV/AIDS from the worst forms of child labour.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. Trafficking of children. Following its previous comments, the Committee notes the Government’s information that sections 70 and 71 of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2003 [B50B-2003] are intended to be of a temporary nature, pending the enactment of comprehensive legislation arising from the investigation by the South Africa Law Reform Commission relating to the trafficking of persons. According to these transitory provisions, a person who traffics any person without that person’s consent is guilty of the offence of trafficking in persons for sexual purposes. The Committee notes with interest the adoption of the Children’s Act, No. 38, of 2005. According to section 284 of this Act, found in Chapter 18 titled “Trafficking in Children”, no person “natural or juristic, or a partnership may traffic a child or allow a child to be trafficked”. The same Act defines trafficking as “the recruitment, sale, supply, transportation, transfer, harbouring or receipt of children, within or across the borders of the Republic … for the purpose of exploitation”. The term “exploitation” is itself defined as: (a) all forms of slavery or practices similar to slavery, including debt bondage or forced marriage; (b) sexual exploitation; (c) servitude; (d) forced labour or services; and (e) child labour prohibited in terms of section 141. However, according to the information available to the Committee, it seems that while the Children’s Act has been adopted, only certain sections of it have come into force, and the full Act will not come into force until the Children’s Amendment Bill is passed by Parliament and the regulations, among which is the Children’s Amendment Bill (B19-2006), have been finalized, which is anticipated for early 2008. In this regard, the Committee draws the attention of the Government to Article 1 of the Convention that requires member States which have ratified it to take “immediate” measures to prohibit the worst forms of child labour “as a matter of urgency”. The Committee accordingly expresses the hope that both the Criminal Law (Sexual Offences and Related Matters) Amendment Bill, 2003, and the Children’s Amendment Bill, 2006, will be adopted shortly and requests the Government to inform it of any progress. It also requests the Government to supply a copy of both these legislative texts, and of the Children’s Act, 2005, and its regulations, once they are finalized and adopted.

2. Forced or compulsory recruitment for use in armed conflict. The Committee had previously noted that article 28(1)(i) of the Constitution states that every child has the right not to be used in armed conflict and to be protected in times of armed conflict. It had nonetheless noted that, pursuant to article 37(4), if a state of emergency is declared, some rights may be derogated from. It had noted that article 28(1)(i) is included in the rights that cannot be derogated from but only in so far as children under 15 years are concerned. Therefore, in a state of emergency, children between 15 and 18 could be subjected to forced recruitment for deployment in armed conflict if the emergency legislation permitted it. Such a law would contravene with Article 3(a) of the Convention. Noting that no information is contained in the Government’s report on this point, the Committee once again requests the Government to indicate any measures taken or envisaged to prohibit the forced or compulsory recruitment of children under 18 years for use in armed conflict in a state of emergency in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. Following its previous comments, the Committee notes the Government’s information that section 141 of the Children’s Amendment Bill prohibits the use, procuring, offering or employing of a child for purposes of commercial sexual exploitation. Moreover, the Committee notes that section 17 of the Criminal Law (Sexual Offences and Related Matters) Amendment Bill will prohibit the use, procuring, offering, benefiting, permitting or allowing, of a commission of a sexual act with a child in return for financial or other reward, favour or compensation.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 141(1)(c) of the Children’s Amendment Bill will prohibit any person from using, procuring, offering or employing a child for illicit activities, including drug production and trafficking.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that the draft regulations determining the types of hazardous work were presented to the Advisory Council on Occupational Health and Safety for their consideration and endorsement. The Committee also notes that section 141(1)(e) of the Children’s Amendment Bill prohibits any person from encouraging, inducing or forcing, or allowing children, to perform labour that, by its nature or circumstances, is likely to harm their health, safety or morals, or that places a child’s well-being, education, physical or mental health, or spiritual, moral or social development at risk. The Committee requests the Government to supply a copy of the draft regulations determining the types of hazardous work with its next report. It asks the Government to keep it informed on any progress.

Article 5. Monitoring mechanisms. In its previous comments, the Committee had noted the various monitoring mechanisms implemented in South Africa, including the Child Labour Intersectoral Group (CLIG), the Labour Inspectorate, the South African Police Service (SAPS), the Office on the Rights of the Child (ORC) and the Child Labour Action Programme Implementation Committee (CLAPIC). The Committee notes that section 104 of the Children’s Amendment Bill provides that the Minister must adopt a comprehensive national strategy aimed at securing a properly resourced, coordinated and managed child protection system. Section 105 of the Bill lists a number of persons, including labour inspectors, 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. According to sections 150(1)(c), (e) and (g) of the Children’s Act, a child who lives or works on the streets or begs for a living, a child who has been exploited or lives in circumstances that expose the child to exploitation, or a child that may be exposed to circumstances which may seriously harm the physical, mental or social well-being of the child, is considered a child in need of care and protection. Furthermore, according to section 150(2)(a) of the same Act, a child who is a victim of child labour may be a child in need of care and protection and must be referred for investigation by a designated social worker. The Committee requests the Government to provide information on the activities of these monitoring mechanisms. As for the mechanism provided for in the Children’s Act and the Children’s Amendment Bill, the Committee asks the Government to keep it informed of any progress made in the adoption of the Bill and on the subsequent implementation of the mechanism.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s information, in its report under Convention No. 138, that seven violations for matters of hazardous work, 12 for domestic labour and one for child slavery, have been reported after inspection, for the period of 31 March 2006 to 1 April 2007. The Committee observes that no violations have been reported for cases of child trafficking and commercial sexual exploitation and pornography. Furthermore, out of the 20 cases of violations reported, only 13 have been recommended for prosecution and two found guilty by courts, while five accused have been found not guilty. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. Accordingly, the Committee asks the Government to take the necessary measures to ensure that persons who use, procure or offer children in the worst forms of child labour are prosecuted, and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied under the relevant South African legislation.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Prevention of child trafficking. In its previous comments, the Committee had noted that under CLAP, now CLPA, various measures were envisaged to prevent child trafficking:

(a)   the issuing of a directive to all prosecutors which underlines that trafficking should be viewed seriously, prosecuted effectively and vigorously and added to the existing list of serious crimes;

(b)   making it the responsibility of the DOL for monitoring and inspecting instances of employment-related trafficking;

(c)   ensuring regular contact with relevant stakeholders in other countries of the region dealing with trafficking;

(d)   the adoption of regional and bilateral agreements aimed at preventing trafficking; and

(e)   providing for training on the prevention of trafficking.

The Committee notes that the Government’s report does not contain sufficient information on the implementation of these measures in South Africa. However, it notes that under the second phase of the CLPA, whose implementation is anticipated from 2008 to 2012, the following additional measures are envisaged to prevent child trafficking:

(a)   the finalization of the drafting of the Trafficking Act by the South African Law Reform Commission (SALRC);

(b)   the signing, ratification and implementation by South Africa of the United Nations Convention against Trans-National Organized Crime, and of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children;

(c)   agreeing to standard procedures within the region for the extradition of foreign traffickers for prosecution according to South African law;

(d)   a national public awareness campaign which will highlight child trafficking;

(e)   informing organizations running helplines about child issues, including child trafficking and the commercial sexual exploitation of children; and

(f)    improving the quality, content and delivery of training on the prevention of trafficking.

The Committee once again requests the Government to provide information on the implementation of the measures aimed at preventing and combating the trafficking of children under 18 which were taken under the first phase of the CLPA. Furthermore, it asks the Government to provide information on the progress made in the second phase of the CLPA, once the programme is implemented.

2. Ensuring free basic education. Following its previous comments, the Committee notes the Government’s statement that the impact of the measures taken in the first phase of the CLPA on improving access to free basic education will take more time to be realized and that the statistics provided by the Government in its report should be used in the future to measure that impact. According to those statistics, approximately 98 per cent of 7–15-year-old children attended an education institution in 2005. However, according to the Government’s report, the primary school net enrolment ration for 2004 was of 87.4 per cent. The Committee notes that a new system was introduced to prohibit the charging of school fees located in the poorest quintile of areas, with Government funding these schools, by amended national norms published by the Department of Education in South Africa. Already, a total of 13,912 schools (40 per cent of all schools) have been declared no fee schools in 2007. Parents of children from households with low income attending schools other than no-fee schools may apply for exemption from paying fees. Moreover, in the second phase of the CLPA, it is envisaged that a campaign will be organized to raise awareness regarding the national school fee policy on exemptions. Despite all this, the Government acknowledges that major challenges concerning education remain, and the poor social conditions of learners, as a result of high rates of unemployment, HIV/AIDS and poverty, hamper efforts of improving, notably, the quality of education. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that free basic education is provided for all children. Considering also that a number of years will have elapsed since the implementation of the first measures taken in the context of the CLPA, it asks the Government to provide information on the impact of the measures on improving access to free basic education in its next report.

3. Child scavenging and waste recycling. The Committee notes that, according to the project description document on scavenging and waste recycling work by children in South Africa (version 2.1, 22 May 2006), the CLPA has identified that the phenomenon of child scavenging, which has been classified as a worst form of child labour by several international agencies, must be dealt with, with immediate urgency. The Committee notes that, under TECL auspices, measures are envisaged to, notably, investigate the policy and legislative terrain analysing the processes and problems involved in regulating child scavenging and to utilize these findings to make policy and legislative recommendations and to devise a good practice model to regulate this informal work that is done against a background of poverty and livelihood survival. The Committee asks the Government to provide information on the impact of the measures taken under the TECL project on preventing children from doing scavenging work.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour. 1. Child victims of trafficking and sexual exploitation. The Committee notes with interest that South Africa continues its efforts to combat child trafficking and sexual exploitation by implementing several action programmes which form part of a larger initiative by the programme Towards the Elimination of the worst forms of Child Labour (TECL) of ILO/IPEC to address child trafficking (CT) and the commercial sexual exploitation of children (CSEC), with a specific focus on prevention and educational rehabilitation. Among those action programmes are Assistance for Berea Home of Hope Centre’s activities on CSEC/CT, Assistance for New Life Centre’s activities on CSEC/CT, Assistance for Lerato House’s activities on CSEC/CT and Assistance for the Caring Ministry of Jesus’ activities on CSEC/CT. Basically, the centres aim to improve the life skills of children involved in or at risk of CSEC and CT and offer various services to ensure their care and reintegration. The programme strategies consist of building on existing services and to expand in the focus areas of prevention (outreach) and withdrawal. The Committee asks the Government to indicate how many children were removed from child trafficking and commercial sexual exploitation and rehabilitated as a result of the work of these centres.

2. Children used to commit crime. The Committee notes that TECL has designed a pilot programme for children used by adults and older children to commit crime as a worst form of child labour in South Africa (CUBAC). The strategy for addressing CUBAC includes mechanisms to ensure overall
ILO/IPEC strategies of prevention, withdrawal and rehabilitation. The programme focuses on reintegration, aimed at ensuring a child can return to his or her home and community sufficiently equipped with skills so as to not commit further offences. The Committee requests the Government to provide more information on the implementation of this programme and on the number of children who had committed crimes who were effectively reintegrated into their communities.

Clause (d). Identify and reach out to children at special risk. 1. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee had noted that the CLPA provided for a number of measures to protect child victims of HIV/AIDS, such as: (a) research to determine the extent of child-headed households and AIDS orphans, and the effect that HIV/AIDS is likely to have on child labour; (b) training for fieldworkers for all home-based care programmes in order to recognize the problems children face in HIV/AIDS affected households; (c) providing for anti-retrovirals beyond mother-to-child prevention; and (d) reconsidering the education component of the equitable share formula for provinces, and the age-related provisions for exemption from school fees. The Committee notes that, according to the draft update for Phase 2 of the CLPA as approved on 14 June 2007 (CLPA-2, Draft 4.4), the second phase of the CLPA envisages to pursue the implementation of these measures. Furthermore, according to the same document, the Government has a large-scale programme for the provision of anti-retroviral treatment, which should provide such treatment for 300,000 individuals. Provision of anti-retrovirals is expected to reduce substantially the projected number of orphans. However, the programme does not, as of yet, reach all those in need of medication. Considering the severity of the HIV/AIDS pandemic in South Africa, the Committee strongly encourages the Government to pursue its efforts to identify and reach out to the child orphans of the disease. Noting the absence of information in the Government’s report in this regard, the Committee once again requests the Government to provide information on the impact of the measures on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour.

2. Vulnerable children. In its previous comments, the Committee had noted several measures aimed at protecting vulnerable children, such as children living in a child-headed household and children in need of child support, foster care or social relief from distress. The Committee notes that the second phase of the CLPA further proposes to protect vulnerable children by setting up systems to identify and hand over children in need of assistance, by raising public awareness, providing training to labour inspectors on how to handle child labour issues and monitoring and evaluating the actions taken. Noting the absence of information on this point, the Committee once again requests the Government to provide information on any relevant impact made by the abovementioned measures on protecting vulnerable children from being engaged in the worst forms of child labour.

Parts IV and V of the report form. Following its previous comments, the Committee notes the Government’s information that the Department of Education is presently undertaking an investigation into the problem of learner absenteeism from schools and the reasons thereof, and that the study will be completed towards the end of 2007. The Committee requests the Government to supply a copy of this study once it is finalized.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. Trafficking of children. In its previous comments, the Committee had noted that there is no specific legislative provision to combat the trafficking of children. It had also noted that section 317 of the draft Children’s Bill specifically deals with child trafficking, stating that no person may traffic a child for the purposes of sexual exploitation and any exploitative labour practice, or the removal of body parts. The Committee notes the Government’s information that the Children’s Bill and Sexual Offences Bill are in the process of being adopted.

The Committee notes that the South Africa Law Commission (SALC) made the following recommendations with regard to the legislative measures to combat the worst forms of child labour: (a) a complete prohibition on the commercial sexual exploitation of children, including child prostitution, pornography and trafficking in children, shall be included in the new Sexual Offences Act; (b) anyone who offers or engages a child for commercial sexual exploitation, or who facilitates or receives consideration for the child’s commercial sexual exploitation, shall be guilty of an offence; (c) the trafficking in, or transporting of, children from their place of residence to another destination, whether within the country or abroad, constitutes commercial sexual exploitation and should therefore be an offence; (d) in order to combat sex tourism and other forms of sexual exploitation, effective national legislation with extraterritorial application is proposed; and (e) legal entities incorporated or doing business in South Africa will be prosecuted under the new Sexual Offences Act. The Committee hopes that the Children’s Bill and Sexual Offences Bill will take into consideration the recommendations of the SALC and requests the Government to provide a copy of these Bills as soon as they have been adopted.

2. Forced or compulsory recruitment for use in armed conflict. The Committee had previously noted that article 28(1)(i) of the Constitution states that every child has the right not to be used in armed conflict and to be protected in times of armed conflict. It had nonetheless noted that, pursuant to article 37(4), if a state of emergency is declared, some rights may be derogated from. It had noted that article 28(1)(i) is included in the rights that cannot be derogated from but only in so far as children under 15 years are concerned. Therefore, in a state of emergency, children between 15 and 18 could be subjected to forced recruitment for deployment in armed conflict if the emergency legislation permitted it. Such a law would contravene Article 3(a) of the Convention. Noting that no information is contained in the Government’s report on this point, the Committee once again requests the Government to indicate any measures taken or envisaged to prohibit the forced or compulsory recruitment of children under 18 years for use in armed conflict in a state of emergency.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 9 of the Sexual Offences Act of 1957, punishes any parent or guardian of a child under 18 who permits, procures or attempts to procure such child to have unlawful sexual intercourse or to commit any immoral or indecent act with any other person, or to frequent a brothel, or orders, permits or receives any consideration for the defilement, seduction or prostitution of such a child. It had also noted that section 50A(1) of the Child Care Act of 1983 punishes the involvement or participation in the commercial sexual exploitation of a child. The Committee had noted that the SALC had elaborated a new Sexual Offences Bill that would replace the Sexual Offences Act of 1957 and that section 11 of the Sexual Offences Bill prohibits and punishes child prostitution. The Committee notes the Government’s statement that the Committee will be advised and given a copy as soon as the Bill is adopted in totality. It also notes the Government’s information that the SALC, with regard to legislative measures to combat the worst forms of child labour, considered that the commercially sexually exploited child is a victim in need of care and not a criminal. Therefore, the SALC recommended the following shall constitute an offence: (a) sexual acts with a child for financial or other reward, as well as involvement in the commercial exploitation of a child; and (b) keeping a brothel for child prostitution. The Committee hopes that the new Sexual Offences Bill will be adopted shortly and requests the Government to inform it of any progress in this regard.

Clause (c)Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had requested the Government to indicate which provisions, if any, prohibit the use, procuring or offering of a child for illicit activities. Noting that no information is contained in the Government’s report on this point, the Committee once again requests the Government to indicate the relevant provisions, if any, and any measures taken to secure the prohibition and elimination of illicit activities including children under the age of 18.

Article 3(d) and Article 4, paragraph 1Prohibition and determination of hazardous work. The Committee had previously noted that section 43(2) of the Basic Conditions of Employment Act (BCEA), states that no person may employ a child (i.e. below 18 years) in employment that is inappropriate for a person of that age or that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development. The Committee had also noted that, under section 85 of the Mine Health and Safety Act of 1996, children under 18 years are not allowed to work underground in a mine. The Committee notes the Government’s information that the Department of Labour (DOL) is in the process of drafting regulations pertaining to children between the ages of 15 and 17 years. These regulations will be drafted in compliance with the Convention. It notes the Government’s statement that the terms of reference for the drafting were presented to the Employment Conditions Committee (ECC) in May 2005 and were consequently approved. These regulations will be drafted through a process of consultations, including the organizations of employers and workers concerned. It is envisaged that the consultations will be finalized in October/November 2005. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 years of age, shall not undertake work which, by its nature and the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee also recalls that Article 4, paragraph 1, of the Convention, provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultations with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to keep it informed on any progress towards the adoption of the regulations determining the types of hazardous work, which it trusts will be in line with the Convention. It requests the Government to provide a copy of these regulations as soon as they have been adopted.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted that a number of target groups or areas have been identified where action needs to be taken. It notes that, according to the CLAP, proposed measures for which the DOL is responsible include the identification of hazards faced by children aged 15-17 years. The Committee requests the Government to provide information on the implementation of the CLAP with regard to measures aimed at identifying types of hazardous work.

Article 5. Monitoring mechanisms. 1. Child Labour Intersectoral Group (CLIG). The Committee had previously noted that the CLIG, is engaged in a collaborative and intersectoral approach in the fight against child labour. The Committee notes the Government’s information that the national institutional framework is cascaded to the provincial, regional and local government levels and therefore the previous CLIG will now form focal points in alignment with the restructured child rights framework in provinces, regions and local government levels.

2. Labour Inspectorate. The Committee had previously noted that labour inspectors are the enforcement agents of the DOL and that complaints can be lodged at provincial offices and labour centres, with inspections conducted in affected sectors.

3. South African Police Service (SAPS). The Committee had previously noted that the SAPS is responsible for the investigation of alleged crimes, including the investigation and prosecution of those involved in child labour, and supporting the work of other departments requiring safety and security services (i.e. when accessing property to conduct inspections or to remove a child from abusive circumstances).

4. Office on the Rights of the Child (ORC). The Committee notes the Government’s information that the ORC in the presidency coordinates and provides an oversight and monitoring role on all activities embarked on by the government departments in terms of child protection and development.

5. The Child Labour Action Programme Implementation Committee (CLAPIC). The Committee notes the Government’s information that, in June 2003, the CLAPIC was formed in order to drive the process of finalizing the Child Labour Action Programme. It notes that the DOL is the secretariat of the CLAPIC. It also notes the Government’s information that members of CLAPIC include the Departments of Labour, National Treasury, Office on the Rights of the Child, Social Development, Education, Health, Youth Commission, and Agriculture. The role of the CLAPIC is to ensure that departments represented implement their action steps. The Committee notes the Government’s information that the CLAPIC will also guide and monitor the implementation of the CLAP.

The Committee asks the Government to continue providing information on the activities of the abovementioned monitoring mechanisms.

Article 6, paragraph 1Programmes of action to eliminate the worst forms of child labour. Child Labour Action Programme. The Committee notes the Government’s information that in September 2003 the CLAP was finalized, in cooperation with ILO/IPEC, after an extensive consultation process with relevant stakeholders, the key government departments and social society. The Committee notes the Government’s information that some of the actions steps identified in the CLAP include programmes that departments are currently implementing, while some other programmes such as awareness raising and infrastructure development may require additional funding. The Committee notes the Government’s information that, in May 2005, the DOL appointed a service provider who will assist government departments with the prioritization of key action steps and indicate expenditure for the short, medium and long term. It notes the Government’s statement that, while the CLAP is on its way to the Cabinet, the costing exercise will be under way with an envisaged finalization date of December 2005. The Committee asks the Government to continue providing information on any progress with regard to the implementation of the CLAP.

Article 7, paragraph 1. Penalties. The Committee had previously noted that, due to the complex and multifaceted nature of child labour, an enforcement strategy was developed in 2001 to enhance provisions already contained in the BCEA. It had noted that this enforcement strategy emphasizes a multisectoral approach in dealing with child labour, involving key role players such as social development, the SAPS, health, education and justice. The Committee asks the Government to provide information on this enforcement strategy designed in 2001 and on any other programmes implemented under the CLAP regarding the enforcement of the provisions giving effect to the Convention.

The Committee notes that section 93 of the BCEA provides that any magistrate’s court has jurisdiction to impose a penalty of imprisonment for an offence provided for in this Act, including the prohibition of employing children in any type of hazardous work and the prohibition of forced labour. It notes that section 9 of the Sexual Offences Act and section 50A(1) of the Child Care Act respectively punish with penalties of imprisonment: the inciting or procuring by any parent or guardian of a child to prostitution, and the participation or involvement in the commercial sexual exploitation of a child.

Article 7, paragraph 2Effective and time-bound measuresClause (a)Preventing the engagement of children in the worst forms of child labour. 1.  Prevention of child trafficking. The Committee notes the Government’s information that the SALC, besides a number of legislative measures to combat the commercial sexual exploitation of children, proposed certain auxiliary measures to this end, such as: (a) the withdrawal of operating licenses of any travel agent or bureau found to have organized sex tours in South Africa or abroad; (b) the deportation after serving their sentence of all foreign nationals for committing a sexual offence in South Africa; and (c) the withdrawal of the passport of any South African citizen convicted of a sexual offence while abroad. The Committee also notes that under the CLAP the following measures are envisaged to prevent child trafficking: (a) the issuing of a directive to all prosecutors which underlines that trafficking should be viewed seriously, prosecuted effectively and vigorously and added to the existing list of serious crimes; (b) responsibility of the DOL for monitoring and inspecting instances of employment-related trafficking; (c) regular contact with relevant stakeholders in other countries of the region dealing with trafficking; (d) adoption of regional and bilateral agreements aimed at preventing trafficking; and (e) providing for training on the prevention of trafficking. The Committee asks the Government to provide information on the implementation of the abovementioned measures under the CLAP aimed at preventing and combating the trafficking of children under 18.

2. Ensuring free basic education. The Committee notes the Government’s information that the South African Schools Act states that the admission of a child to public school cannot be refused on the basis, among others, of inability to afford fees. The Committee also notes that the CLAP provides a number of educational measures aimed at preventing children from being engaged in the worst forms of child labour, such as: (a) monitoring attendance at school; (b) providing for awareness raising and enforcement of the national school fee policy, in respect of exemptions for poorer families; (c) ensuring flexibility in school hours; and (d) providing for adequate and safe transport for children living far from schools. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee asks the Government to continue providing information on the measures aimed at improving their access to free basic education and preventing them from being engaged in the worst forms of child labour. It also asks the Government to provide information on the primary education enrolment rate and the dropout rate, as well as the impact of the CLAP on improving access to free basic education.

Clause (b)Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labourChild victims of trafficking and involved in illicit activities. The Committee notes with interest the Government’s information that the SALC, in recommending a number of new provisions punishing prostitution and commercial sexual exploitation of children, stated that the commercially sexually exploited child is a victim in need of care and protection and not a criminal. The Committee notes that, under the CLAP, a number of measures have been envisaged in order to identify and rehabilitate child victims of trafficking and children involved in illicit activities, particularly in the trafficking of drugs. It notes that, particularly with regard to trafficking, a strategy on the repatriation of victims of trafficking is envisaged, including the provision of appropriate reception and care centres. The Committee asks the Government to continue providing information on the implementation of the measures contained in the CLAP aimed at providing for the rehabilitation and social integration of child victims of trafficking and children involved in illicit activities, such as the trafficking of drugs.

Clause (d). Identify and reach out to children at special risk. 1. Child victims/orphans of HIV/AIDS. The Committee notes that, according to the CLAP, a recent study by the University of Cape Town estimates that the number of children who will have lost one or both parents to AIDS will peak in South Africa around 2014-15, with 5.7 million children having lost one or both parents. The percentage of orphans is expected to increase to between 9 and 12 per cent of the child population by 2015. The Committee notes that the CLAP provides for a number of measures to protect child victims of HIV/AIDS, such as: (a) research to determine the extent of child-headed households and AIDS orphans, and the effect that HIV/AIDS is likely to have on child labour; (b) training for fieldworkers for all home-based care programmes in order to recognize the problems children face in HIV/AIDS affected households; (c) providing for anti-retrovirals beyond mother-to child prevention; and (d) reconsidering the education component of the equitable share formula for provinces, and the age-related provisions for exemption from school fees. The Committee asks the Government to continue providing information on the impact of the abovementioned measures on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour.

2. Vulnerable children. The Committee notes the Government’s information that in each school the principal or educator will identify a child-headed household and must contact the district education office informing them of any vulnerable children. This office will then contact the nearest social welfare department who will investigate the next of kin. It also notes the Government’s indication that the Department of Social Welfare and Population Development is in charge of granting child support, foster care, social relief from distress, for any child who applies for this service. The Committee notes the Government’s indication that the Department of Health provides free medical care for children under 5 years as well as for older age groups who are "in need". Moreover, a Social Assistance Bill was drafted stating that a child of 16 years can apply directly for a social assistance grant. Primary health care services offer "youth friendly service" that would be of benefit to the head of child-headed households. The Committee notes the Government’s information that, in order to address the plight of children involved in the worst forms of child labour, the Child Rights Project identified problems and embarked on a workshop with NGOs in Pietermaritzburg and Durban to find solutions to these problems. The Committee requests the Government to continue providing information on any concrete measures aimed at protecting vulnerable children from the worst forms of child labour. It also asks the Government to provide further information on the results attained by the Child Rights Project and any relevant impact on protecting vulnerable children from being engaged in the worst forms of child labour.

Article 8. International cooperation. The Committee notes the Government’s information that in the South African Customs Union, comprehensive strategies such as the CLAP were initiated at different stages in the development process. In this framework, the CLAP will thus serve as a vehicle for information sharing and an exchange about best practices. The Committee asks the Government to continue providing information on the steps taken to assist one another in giving effect to the Convention.

Parts IV and V of the report form. The Committee notes the Government’s information that in 2002 two cases were reported and investigated regarding the employment of children in farming, planting and harvesting in Limpompo, but there were no convictions. In 2003, a number of employment agencies in the Western Cape were found to be employing under-age children against their will. Inspections were conducted and the agencies were closed down. In 2004, the owner of a farm in the Tosca area was found guilty and fined Rands 15,000 in the Vryburg Magistrates Court for using children as labourers. Furthermore, in 2004 the Minister of Labour ordered that farm blitz be conducted around Tzaneen in Limpompo following reports of child labour in the area. The Committee notes the Government’s information that the Family, Violence, Child Abuse and Sexual Offences Unit of the SAPS in Gauteng has enhanced its analysis capacity in all its 11 units and this led to 25 serial offenders operating in Gauteng being identified. These units have also reportedly assisted a provincial task team in an operation to clamp down on child prostitution in Gauteng. In February 2005, 76 arrests were reported and 42 children removed from the streets in Gauteng. The operation continues. The Committee had previously noted that last Survey of Activities of Young People (SAYP) was conducted by Statistics South Africa with ILO/IPEC support in 1999. It notes that, according to the CLAP, a follow-up to the SAYP should be done as soon as possible to assess the changed situation, especially in the context of the HIV/AIDS pandemic, and to assist with monitoring and evaluation.

The Committee asks the Government to continue providing information on inspection reports, studies and inquiries and on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied by the Government in its first and second reports. The Committee would like to draw the Government’s attention to the following points.

Article 1 of the Convention. Immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that, as stated by the Government in its report, the Department of Labour (DOL) is in the process of finalizing a Child Labour Action Programme (CLAP) that entrenches a multisectoral approach. The Committee notes that an extensive consultation process was conducted from January to July 2003 with relevant stakeholders in the sphere of child labour. The Committee also notes that the CLAP was to be tabled before Cabinet by the Minister of Labour for debate and approval between October and November 2003. The Committee notes with interest that, before the end of 2003, South Africa, in partnership with the ILO, will pilot a time-bound programme to address the worst forms of child labour. The Committee requests the Government to continue providing information on these measures and on the results achieved.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Trafficking of children. The Committee notes that there is no specific legislative provision to combat the trafficking of children. It also notes that recent research by the International Organization for Migration suggests that South Africa serves as a source, destination and conduit for trafficked children involved in sexual exploitation and domestic work. Research by the United Nations also illustrates that there have been a few cases of trafficking of children from neighbouring states, in particular from Mozambique. The Committee notes that section 317 of the draft Children’s Bill specifically deals with child trafficking, stating that no person may traffic a child for the purposes of commercial sexual exploitation, any exploitative labour practice, or the removal of body parts. The Committee expresses the firm hope that the draft Children’s Bill will be adopted shortly, and requests the Government to provide a copy thereof it as soon as it is adopted.

2. Debt bondage, serfdom, forced or compulsory labour. The Committee notes that article 13 of the Constitution provides that no one may be subjected to slavery, servitude or forced labour, and that article 28(1) states that every child has the right to be protected from exploitative labour practices. It also notes with interest that section 48(1) of the Basic Conditions Employment Act states that, subject to the Constitution, all forced labour is prohibited, and that section 48(2) provides that no person may for his or her own benefit, or for the benefit of someone else, cause, demand or impose forced labour in contravention of subsection (1). The Committee notes however the information provided by the Government in its report, according to which there have been reported cases of forced labour in some provinces during harvesting periods, and that farmers collude with local chiefs and transport children to go and work on farms, at times when school is in session. The Committee also notes that the DOL, the South African Human Rights Commission and the South African police force were investigating the activities of employment agencies recruiting young women from rural areas, keeping them in confinement and placing them under very restrictive conditions. The Committee requests the Government to provide further information on the results of the abovementioned investigations, and on the practical application of the legislative provisions on this point.

3. Forced or compulsory recruitment for use in armed conflict. The Committee notes that article 28(1)(i) of the Constitution states that every child has the right not to be used directly in armed conflict, and to be protected in times of armed conflict. The Committee nonetheless notes that, pursuant to article 37(4), in situations where a state of emergency is declared, some rights may be derogated from. A state of emergency may be declared when the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency. The Committee notes that when a state of emergency has been declared, some specific rights cannot be derogated from to the extent that they are defined in "the table of non-derogable rights", contained in article 37(5). It also notes that article 28(1)(i) is included in this table, but applies only to children of 15 years and younger. The Committee therefore observes that, in time of armed conflict, children of between 15 and 18 years could be subject to forced recruitment for deployment in armed conflict, which contravenes Article 3(a) of the Convention. The Committee therefore requests the Government to indicate any measures taken or envisaged to comply with the Convention on this point.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes with interest the information provided by the Government in its report, according to which South Africa has ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography on 1 July 2003. The Committee notes that section 9 of the Sexual Offences Act, 1957 (SOA), states that any parent or guardian of a child (under 18) who permits, procures or attempts to procure such child to have unlawful sexual intercourse or to commit any immoral or indecent act, with any person other than the procurer, allows his or her child to reside in or frequent a brothel, or orders, permits, or in any way assists in bringing about, or receives any consideration for, the defilement, seduction or prostitution of such child is guilty of an offence. The Committee also notes that section 50A(1) of the Child Care Act, 1983 provides that any person who participates or is involved in the commercial sexual exploitation of a child shall be guilty of an offence, and section 50A(2) states that any person who is owner, lessor, manager or occupier of the property on which the commercial sexual exploitation of a child occurs and who, within a reasonable time of gaining information of such occurrence, fails to report this to the police shall be guilty of an offence. The Committee notes that the South African Law Commission has elaborated a new Sexual Offences Bill that will replace the Sexual Offences Act of 1957, and that section 11 of this Bill prohibits and sanctions in particular child prostitution. The Committee hopes that this Bill will be adopted soon. It requests the Government to keep it informed of progress made towards the adoption of this Bill, and to supply a copy of it as soon as it is adopted.

The Committee also notes the information provided by the Government in its report, according to which, due to poverty, the HIV/AIDS pandemic and tourism, many children are engaged in sexual commercial exploitation for survival. It also notes that there are no conclusive statistics in terms of the exact number of children who are involved in these practices. It requests the Government to continue providing information on the application in practice of the legislative provisions prohibiting this worst form of child labour.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government’s report states that drug dealers and housebreaking gangs often use underage children because they are unlikely to be prosecuted due to their age, but that there are no statistics available. The Committee also notes that the South African Law Commission (SALC) has released a draft Child Justice Bill, which suggests a change to the way in which drug dealing can be dealt with. It emphasizes the need to target syndicates and adults who are usually behind children’s drug-dealing activities. The Government report, however, does not provide any information on specific legislative measures on this point. The Committee requests the Government to indicate which provisions, if any, prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties, and to indicate the measures taken to secure the prohibition and elimination of such illicit activities involving children under the age of 18.

Clause (d). Work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes with interest that section 43(2) of the Basic Conditions of Employment Act (BCEA) states that no person may employ a child (i.e. below 18 years) in employment that is inappropriate for a person of that age or that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development. The Committee nonetheless notes that the BCEA does not apply to workers on vessels at sea where the Merchant Shipping Act of 1951 is applicable (section 3(3)), and requests the Government to indicate which legal provision protects children under 18 years from work on board ships which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes with interest that, under section 85 of the Mine and Health and Safety Act, 1996, no person may cause or permit an employee under the age of 18 years to work underground in a mine and no employee under the age of 18 years may work underground in a mine.

The Committee also notes that, according to section 44 of the BCEA, the Minister, on the advice of the Employment Conditions Commission, may make regulations to prohibit or place conditions on the employment of children who are at least 15 years of age and no longer subject to compulsory education in terms of any law. The Government indicates in its report that some regulations will be developed for children between the ages of 15 and 17, which will determine the nature of work that this category of children may perform, taking into account occupational health and safety factors. The Committee recalls that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides for a list of hazardous work to which consideration should be given, such as: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190 during the elaboration of the abovementioned regulations. The Committee asks the Government to inform it of developments regarding the adoption of these regulations as well as consultations that are held thereon with the organizations of employers and workers concerned.

Paragraph 2. Identification of hazardous work. The government report states that, according to the results of the Survey on the Activities of Young Persons (SAYP), 1999, 36 per cent of children in South Africa are engaged in the following work-related activities: long hours fetching wood and water; agriculture (commercial and subsistence agriculture); children who perform unpaid domestic work inside their homes; unpaid work in family businesses; paid domestic work outside the home; school labour. The Committee notes the Government’s statement that, arising out of the survey results, a number of target groups or areas have been identified where action needs to be taken, and that will be detailed in a programme of action. The Committee requests the Government to provide information on the target groups or areas that have been identified where action needs to be taken, as outlined in the programme of action.

Paragraph 3. Examination and periodical revision of the types of hazardous work. The Committee notes that in its report the Government makes no mention of any measures designed to ensure that the abovementioned regulations should be periodically examined and revised. The Committee recalls that Article 4, paragraph 3, of the Convention provides that the list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate the measures taken or envisaged to examine and revise periodically the list of the types of work.

Article 5.  Appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that the Government’s report refers to the Child Labour Intersectoral Group (CLIG), a forum formed in 1998 after a series of consultative meetings convened by the DOL. Its aim is to engage in a collaborative and intersectoral approach in the fight against child labour, and its activities are coordinated by the DOL, also acting as the secretariat. The Government states in its report that the CLIG has expanded and it has formed provincial structures whose main focus is to develop and implement programmes to address child labour at the grass-roots level. The Committee requests the Government to provide information on the work of the Child Labour Intersectoral Group.

Article 6, paragraph 1. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the information provided by the Government in its report, according to which the National Programme of Action (NPA), coordinated from the Office of the President of the Republic of South Africa, is the instrument by which the commitments to combat child labour are carried out. The Committee also notes the information, according to which, following the Survey on the Activities of Young Persons in 1999, South Africa embarked on the development of the CLAP. The process, as reported in the Government’s report, is as follows: information gathering from 1996 to 2000; policy analysis of all available information from 2000 to 2001; consultations with key and relevant stakeholders nationally undertaken from January to April 2003; consultations with key government departments. The Committee notes the Government’s statement that this will entail a process where the Minister of Labour will table the CLAP before Cabinet for debate and approval. It was envisaged that this would take place between October and November 2003. The Government indicates that the implementation of the CLAP will entail awareness raising, training of inspectors on the CLAP in alignment with the enforcement policy strategy, strengthening of the CLIG structures and the management and monitoring of time-bound programmes. The Committee also notes with interest that in 1998 the Department of Labour signed a Memorandum of Understanding with the ILO/IPEC. The Committee requests the Government to continue providing information on the implementation of these programmes.

Article 7, paragraph 1. Necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the information provided by the Government, according to which, due to the complex and multifaceted nature of child labour, an enforcement strategy was developed in 2001 to enhance provisions already contained in the BCEA. This enforcement strategy emphasizes a multisectoral approach in dealing with child labour, involving key role players such as social development, the South African police service, health, education and justice. The Committee also notes that in its first report the Government states that labour inspectors are the enforcement agents of the DOL, and that complaints can be lodged at provincial offices and labour centres, with inspections conducted in affected sectors. Enforcement procedures are then undertaken in terms of the Criminal Procedures Act. During inspections, inspectors are encouraged to be vigilant and look out for children on work premises and to interview other employees in order to establish if children are employed. The onus rests upon the employer to verify the ages of children in his employment. The Committee invites the Government to continue providing information on this point.

Paragraph 2. Effective and time-bound measures.  Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s statement in its report that the multisectoral strategy contained in the proposed CLAP will prevent children from engaging in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. The Committee notes the information provided by the Government in its report, according to which this is the responsibility of the Department of Social Development.

Clause (c). Access to free, basic education. The Committee notes that the Government’s report states that, in relation to taking into account the importance of education in eliminating child labour, this is the responsibility of the Department of Education. The Committee also notes with interest that South Africa’s educational system provides free and compulsory education for every child up to the age of 15 years and completion of nine years of study. Children start primary education in the year they reach 7 years; enrolment rates in primary schools are high and there is very little gender disparity.

Clause (d). Identify and reach out to children at special risk. The Committee notes that the Department of Education’s curriculum includes a focus on child rights issues and abuse as part of the life-orientation learning area. Educators are trained on how to recognize signs and how to intervene in suspected cases of abuse.

The Committee requests the Government to provide further information on the activities and levels of coordination of the Department of Labour, the Department of Education and the Department of Social Welfare in eliminating child labour through education, and on any specific measures taken by these departments to give effect to Article 7(2)(a)-(e) to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour. The Committee also requests the Government to indicate the measures taken to take into account the special situation of girls, according to Article 7(2)(e).

Paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government in its report on the following role players in the development of the CLAP: the DOL is the lead department and is responsible for the enforcement of the BCEA; the National Department of Social Development is a key department regarding a number of issues relevant to the CLAP, including commercial sexual exploitation of children, trafficking of children and interventions where children may be removed from detrimental situations. The Department of Justice and Constitutional Development is responsible for legislation relevant to child labour and the CLAP, including commercial sexual exploitation of children, child trafficking (including bilateral arrangements with countries from where, or to where, children are trafficked), the training of judicial officers and diversion programmes for children used by others in committing crimes (e.g. drug trade).

The Department of Provincial and Local Government (DPLG) is responsible for the Municipal Infrastructure Grant, with the assistance of the departments responsible for policy on provisions of basic water and electricity. This is relevant because the highest number of children work long hours collecting water and fuel. A target of the CLAP is the provision of basic water and electricity services in areas where children do this type of work. The Department of Education (DOE) is involved in identifying children needing assistance, steps to retain children at school, school nutrition programmes, early childhood development programmes, life skills training relating to child labour, addressing problems of farm schools, addressing school maintenance work, etc. Finally, the SAPS is responsible for the investigation of alleged crimes, including investigations and prosecution of those involved in child labour, and supporting the work of other departments requiring safety and security services (e.g. when accessing property to conduct inspections or to remove a child from abusive circumstances).

The Office of the Rights of the Child coordinates programmes involving various organs of the State through the NPA.

Article 8. International cooperation and/or assistance. The Committee notes the information provided by the Government in its report, according to which the South African Customs Union member States (Botswana, Lesotho, Namibia and Swaziland (BLNS)), at the initiative of the ILO, are involved in consultations to develop strategies to address the worst forms of child labour in southern Africa. The Committee requests the Government to continue providing information on the steps taken to assist one another in giving effect to the provisions of this Convention.

Part III of the report form. The Committee notes the statement of the Government in its report that the Ceres Magistrates Court successfully prosecuted a farmer who had employed an 11-year-old girl who was subsequently injured in the course of her duties. The Committee notes that the farmer was found guilty under section 43 of the BCEA and was sentenced to a maximum fine of R25,000, 10,000 of which was suspended for five years on the condition that he does not contravene this law again during this period. The Committee requests the Government to continue providing information on decisions of tribunals involving questions of principle relating to the application of the Convention.

Part IV of the report form. The Committee notes with interest that the SAYP was conducted in June and July 1999 by Statistics South Africa with IPEC support. This very detailed survey has shown that more than 2 million children between ages of 5 and 14 years, and another 980,000 children between the ages of 15 and 17, are in paid labour. The majority of these children work in subsistence farming, trade, commercial agriculture and services. The Government indicates in its report that, following the SAYP, an enforcement policy has been developed to guide inspectors on what steps to follow when coming across a child labour case and what measures to follow. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, to indicate any practical difficulties encountered in the application of the Convention or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee invites the Government, as South Africa is receiving assistance under ILO technical cooperation projects with IPEC, to indicate the measures taken accordingly.

Part V of the report form. The Committee requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries, and to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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