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

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

Article 1. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee previously noted that, according to the survey on child labour and other work-related activities in South Africa of 2010 (SAYP 2010), the number of children involved in child labour was estimated at 821,000. The survey indicated that these children needed action to be taken.

The Committee notes the Government’s indication in its report that the Department of Social Development (DSD) has developed a draft child exploitation strategy, which defines child exploitation according to the Children’s Act 38 of 2005 as child trafficking, child labour, child pornography and commercial sexual exploitation of children. The strategy is intended to ensure an integrated and intersectoral collaboration and approach between the Government and civil society organizations, with a view to reducing the incidence of child exploitation in South Africa. The Committee also notes that the Child Labour Programme of Action, Phase III (2013–17) has been launched.

However, the Committee also notes the Government’s replies to the list of issues raised by the Committee on the Rights of the Child (CRC) of 15 August 2016 (CRC/C/ZAF/Q/2/Add.1, paragraph 123) that data from the Department of Labour indicates that 784,000 children were involved in economic activities between 2013–16. The CRC expressed its concern in its concluding observations of 30 September 2016 (CRC/C/ZAF/CO/2) that the activities of some business enterprises, in particular, those of extractive industries, have a negative impact on the enjoyment of the rights of the child, including through the exploitation of child labour (paragraph 17). It also expressed its concern at the persistent wide engagement of children in child labour, in particular in agriculture (paragraph 65). While noting the measures taken by the Government, the Committee must express its concern at the significant number of children engaged in child labour. The Committee requests that the Government strengthen its efforts to ensure the progressive elimination of child labour, and to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children is made available. The Committee also requests that the Government provide information on the implementation of the draft child exploitation strategy, once adopted.