The National clap for South Africa

Chapter 4. Introducing policy proposals

4.1Principles of the Child Labour Action Programme

The action steps below are the outcome of research and an extensive consultative process. The consultative process was guided by the following principles:

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  Consultation of children: Children directly affected by or involved in forms of child labour / work were consulted.
  
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  Child's best interest should be the top priority in any action related to child labour, as provided for in the Constitution and international instruments.
  
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  Need for prioritisation: The country has limited resources and needs to take action first, and urgently, on the very worst forms of child work.
  
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  Learn from others where appropriate: South Africa had to develop an indigenous programme that suits the local context, but that borrows appropriately the best practices from other countries.
  
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  The need for ongoing learning: While the SAYP has given much insight into the extent and nature of children's work in South Africa, many issues are still unclear. However, enough is already known about the dangers of certain kinds of work to take immediate steps. More research should simultaneously be done to improve the knowledge and understanding of the risks/hazards associated with other kinds of work.
  
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  Commitment of the necessary resources: The necessary resources must be commitment once key areas of action have been identified. Areas of action where external resources are to be used are identified, with due attention to sustainability.
  
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  Prevention is better than cure: The programme should emphasise measures to ensure that children do not start doing harmful work-related activities.
  
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  The programme of action must be as realistic as possible in terms of the resources and capacity of those responsible for its implementation.
  

Involving stakeholders and the community

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  A programme of action for all stakeholders: While the programme of action specifies the responsibilities of all relevant government departments in addressing child labour, it also identifies areas of responsibility and tasks of other stakeholders.
  
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  Support existing initiatives rather than duplicating effort: In drafting the Child Labour Action Programme, care was taken to identify and encourage support for existing initiatives which will aid the fight against the priority forms of child labour. Unnecessary duplication should be avoided.
  
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  Need for inter sectoral approach: Child labour requires an inter-sectoral approach, effective coordination between different government departments and between different spheres of government. Proposed actions are supported by guidelines for which departments should collaborate and coordinate.
  

The programme of action must be communicated effectively: As societal values are important in determining whether parents and others condone child labour, the communication programme must extend beyond government and policy makers and should be linked into broader campaigns around children’s rights. Messages need to be focussed and targeted so as to reach specific audiences.

4.2Types of work to be addressed by the policy

Work activities that are harmful or potentially harmful for children need to be identified. This is a complex issue because of the different views on what is harmful for children, and the different cultural views on the issue. There are also divergent views on the extent to which child labour problems can be addressed directly, or indirectly through economic and social development.

To establish what child work is harmful and would therefore constitute child labour requires a clearer understanding of when it has negative effects. Factors causing or increasing the risk of harm include a risk of physical harm; where educational opportunity is threatened; and a risk of exploitation.

Key issues in assessing the potential harm to children are discussed below:

1. 
   Table 1 provides an overview of work activities cause or increase potential harm to children.
   

Table 1: Work-related activities – Factors that cause or increase real or potential harm

Factor	Factors that cause or increase risk of harm
Number of hours per day / week	Long hours
Time of day / night	Night work
Wages	Lower wages Piece work and task work
Nature of work	Dangerous circumstances, tools, chemicals and other dangerous exposures
	Commercial sexual exploitation, including expose to illnesses.
	High strain or exhausting. Heavy loads, especially when carried over long distances.
	Illegal work.
	Work that is ergonomically unsuited.
	Excessive responsibility
	No stimulation; repetitive
Schooling	Work detrimental to schooling
Psychological effect	Work that is degrading and that reduces the child’s sense of self-worth.
Recreation and rest	Work reducing significantly time for recreation and rest
	Inadequate meal and rest breaks
Attitude of adults where child work	Using coercion or intimidation Restricting child’s movement unreasonably. Where no caring adult present.
Where work is performed:	On the streets. Work that is hidden or isolated and not easily monitored

2. 
   This policy addresses some forms of work-related activity considered detrimental for children's development, such as fetching fuel or water for many hours or over long distances and excessive chores at home. These activities potentially fall within the definition of child labour above, However, the policy does not refer to it as child labour. This is because such forms of work are often a result of family circumstances, or are related to cultural practices. There will probably not be political support for labelling these activities 'child labour'. Consequently it may be more appropriate to call such forms of work 'detrimental forms of child work'.
   
3. 
   During the consultation process stakeholders also expressed the view that commercial sexual exploitation of children (CSEC) should not be named as a form of child labour, as this term could be interpreted as sanitising what is, in fact, a crime. See 5.3
   
4. 
   Some forms of work-related activity are appropriate and beneficial (some argued even essential) for a child's development and socialisation. An example is participation by the child in appropriate domestic chores in their own homes for reasonable periods, all of which falls outside the scope of this policy.
   
5. 
   Some forms of work falling outside a narrow definition of employment may lead to indirect forms of exploitation by a person who, without being their legally recognised employer, gives them orders, determines their working conditions and draws a profit from their work. These are discussed at 7.2.
   
6. 
   Lastly, where there is inadequate child care facilities or capacity in the household to care for younger children adults often have to take their children to work. This may expose the children to occupational hazards, or sometimes encourage children that are older are sometimes persuaded to assist with the adults’ work. See 4.14.
   
7. 
   In addition to the nature of the work, particular circumstances and characteristics can make certain children more vulnerable than others doing similar work. It is not possible or desirable to single out specific circumstances or characteristics that may render some children more vulnerable and therefore increase the likelihood of harm. However, the policy is sensitive, where possible, to the following circumstances and characteristics:
   

Age: Young children will in most circumstances be more at risk than older children. The correct policy for a child of five or six would, for example, be very different to policy covering young teenagers or those nearing adulthood. Generally, policy needs to take into account the mental and physical capabilities and needs of individual children. So, for example, there might need to be special provisions for children with different forms of disability.

Gender: Gender, or ‘being female’ is often considered a factor that increases vulnerability. This is clearly true in some circumstances, for example in relation to sexual exploitation, and particular physical hazards. Nevertheless, the idea that ‘the girl child’ is intrinsically weak and vulnerable is sometimes used too glibly. For policy purposes, we need to examine, in each case, what the gender patterns are, whether boys or girls are particularly at risk, and in what way. Further, gender must be examined in conjunction with other variables – in our context including race, type of area and so on.

Other circumstances increasing vulnerability: Violence and isolation are also indicators of vulnerability. Violence in and of itself constitutes harm. Where work is done in conditions of isolation, as for example with sexual exploitation and some forms of domestic work, we need to make extra efforts to see that the children concerned are heard and seen.