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

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted that the Government had reviewed and developed policies for Phase II of the Child Labour Programme of Action for the period 2009–12 (CLPA-II). It also noted that ILO–IPEC would be continuing its support for the implementation of the CLPA-II through the project “Towards the elimination of the worst forms of child labour Phase II: Supporting and monitoring the implementation of national plans of action in the three core countries in southern Africa” (TECL II).

The Committee notes the information in an ILO–IPEC report on the TECL II from April 2011 that the CLPA-II is currently being implemented. This report also indicates that, through the TECL II, 32 stakeholders have been trained in South Africa, including officials from the departments of social services, police, trade unions and employers’ organizations, the national prosecution authority, the Department of Labour and partners from implementing agencies. This report further indicates that the public’s level of awareness has been improved on child labour issues through the different activities carried out through the TECL II and the Department of Labour. The Committee encourages the Government to pursue its efforts, within the framework of the CPLA-II and the TECL II, towards the progressive elimination of child labour. It requests the Government to continue to provide information on specific measures taken in this regard and on the results achieved.

Article 7. Light work. The Committee previously noted the absence of regulations on light work, and it encouraged the Government to consider developing provisions regulating light work by children between the ages of 13 to 15 years of age in accordance with Article 7 of the Convention.

The Committee notes that section 4(2)(a) of Schedule 2 of the Health and Safety of Children at Work Regulations states that child a who is under 15 and subject to compulsory schooling may work in performances related to advertising, artistic or cultural activities through a permit granted in terms of Sectoral Determination 10, issued by the Minister of Labour under the Basic Conditions of Employment Act. Section 4(2)(b) further states that such children may also collect contributions on behalf of a fundraising organization; perform voluntary work for a church, charitable organization or an amateur sports club; and, as part of the child’s schooling, perform work that is appropriate for a person of that age which does not place at risk the child’s well-being, education, physical or mental health, or their spiritual, moral or social development.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the information in the Government’s report that through inspections, ten cases of children engaged in farm work were detected and four cases of children engaged in domestic work were detected. The Committee also notes the information in an ILO–IPEC report on the TECL II from April 2011 that a Labour Force Survey was conducted in November 2010 and the age group for interviews was lowered to 5 years to include child labour concerns. This report indicates that the results of this survey will be released in 2011. The Committee requests the Government to provide information from the labour force survey of 2011, particularly information on the employment of children and young persons, including the number of children under the minimum age of 15 who are engaged in economic activities. It also requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of violations detected in the course of labour inspections related to the employment of children.