This document discusses child labor from a legal and human rights perspective. It defines child labor and differentiates it from permissible light work activities. International laws like the UN Convention on the Rights of the Child and ILO Conventions establish standards for the minimum age of employment and prohibitions against hazardous and exploitative forms of child labor. While most African countries have laws in line with these standards, there are still concerns around incomplete harmonization of laws, lack of enforcement, and differing understandings of what constitutes child labor in various contexts. The document recommends clarifying definitions, strengthening legal frameworks and enforcement, and mainstreaming child rights in relevant policies to better address outstanding issues around child labor in Africa.

1. East and Southern African Regional
Symposium on Child Work/Labour
20-21 March 2014
Child labour a legal and human rights
perspective
Lemlem Fiseha

2. Outline
 Definition of child labour
 Child labour under international law
 Child labour vs. human rights of children
 Child labour under the laws of African
countries
 Outstanding issues
 Recommendations

3. Child Labour: what it is?
 Employment of a child under the minimum age of
employment specified under national legislation in
accordance with international standard.
 Employment of a child under the age of 18 years in
hazardous work that jeopardizes the physical, mental or
moral well-being of a child, either because of the nature
and the conditions in which the work is carried out.
 Exploitation of children through slavery, trafficking, debt
bondage and other forms of forced labour, forced
recruitment of children for use in armed conflict,
prostitution and pornography, and illicit activities

4. Child Labour: What it is not
Child labour does not include activities such as helping out,
after school is over and schoolwork has been done, with
light household or garden chores, childcare or other light
work in a way that would not impede the child’s education
and full development. (ILO, 2002)

5. Child labour and international child rights laws
CRC
All appropriate measures shall be taken to ensure children
are protected from economic exploitation and any form of
hazardous labour. Age of employment shall be defined by
law
ACRWC
Children have the right
To be protected from economic exploitation and any form of
hazardous labour both in the formal and informal sector.
They have the duty
Subject to their age and ability, and such limitations as may
be contained in the Charter to serve his national community
by placing his physical and intellectual abilities at its
service.

6. Contd …
ILO Convention No 138 Concerning Minimum Age
for Admission to Employment, 1976
Ratified by all African countries except Liberia, South Sudan,
Somalia and Saharawi Arab Democratic Republic
 Completion of compulsory schooling or 15 years: minimum
age of employment, developing economies may set it at 14
years
 13 years: to perform light work not likely to be harmful to
the health or development of the child and will not
prejudice the child’s education or training
 18 years: hazardous work

7. Contd…
 ILO Convention on the Worst Forms of Child Labour (C 182)
Ratified by all African countries except South Sudan,
Eritrea, Somalia and Saharawi Arab Democratic Republic,
the Convention provides for the unconditional forms of
hazardous labour that are
Slavery, sale, trafficking, debt bondage, prostitution,
pornography, drug trafficking and 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.

8. Child Labour vs. human rights of children
Child labour is clearly detrimental to individual children,
preventing them from enjoying their childhood, hampering
their development and sometimes causing lifelong physical or
psychological damage. Child labour exposes children to
 Denial of their right to education
 Denial of the right to leisure and cultural activities
 Violence (physical, psychological and sexual) by the
employers and co workers
 Physical injuries and other health risks at work
 Meager wages or denial of wages
 Forced and long hours of work

9. Contd…
Child labour violates the cardinal principles of children's’ rights
 Best interest of the child: requires the full and effective
enjoyment of all the rights under the convention (General
Comment 14)
 Survival and development: requires protection from all
forms of labour by abolishing the later and by regulating the
working environment and conditions in accordance with
international standards (General Comment 4, 15)
 All actions and measures in the business sector should go
beyond the eradication of child labour and include the full
realization of all children’s rights (General Comment 16)

10. Laws of African countries on child labour
Minimum age of employment
AT THE AGE OF 14
(21 countries)
ABOVE THE AGE OF 14
(33 countries)
BELOW THE AGE
OF 14 FOR LIGHT
WORK
Angola, Benin, Botswana,
Cameroon, Central African
Republic, Chad, Cote
d’Ivoire, Equatorial
Guinea, Eritrea, Ethiopia,
Guinea Bissau, Malawi,
Mauritania, Namibia,
Niger, Nigeria, Sao Tome,
Sudan, Uganda and
Tanzania
Algeria, Burkina Faso, Burundi,
Cape Verde, Comoros, Congo
Brazzaville, Democratic Republic
of Congo, Djibouti, Egypt, Gabon,
Gambia, Ghana, Guinea, Kenya,
Lesotho, Liberia, Libya,
Madagascar, Mali, Mauritius,
Morocco, Mozambique, Rwanda,
Senegal, Seychelles, Somalia,
South Africa, Swaziland , Togo,
Tunisia , Zambia, Zanzibar and
Zimbabwe
Burundi, Egypt, Kenya
Lesotho, Mauritania,
Somalia, South Sudan,
Uganda, Zambia
*Liberia allows
employment of children
below the specified age
of employment but the
age limit is not provided

11. Contd…
The minimum age for entry into employment should not be less than the
age of completion of compulsory schooling. Nevertheless,
Country Minimum age of
compulsory
education
Minimum age of
employment
Central African
Republic
16 14
Cote d’Ivoire 16 14
Morocco 18 15
Namibia 16 14
Niger 16 14
Seychelles 17 15
Uganda 13 12 (light work)
Zimbabwe 16 15

12. Contd…
Worst forms of child labour
 Sexual and economic exploitation is proscribed every
where in Africa
 Sale, trafficking and abduction are prosecutable every
where in Africa
 29 countries have separate laws on trafficking while 7
have draft laws
 9 countries have separate legislation on sexual offences
and exploitation including prostitution and pornography

13. Outstanding concerns
127 million boys and 88 million girls are involved in child
labour with 74 million boys and 41 million girls in the worst
forms. This is attributable to
- Extreme child poverty including the very high incidence of
child headed households and lack of special protection
- Incomplete harmonization of laws and regulations (in
setting the minimum age, regulating hazardous labour and
eliminating exploitation )
- Lack of functioning labour inspection and enforcement
systems and capacities in place by the businesses and by
the state

14. Contd…
- The threshold of child labour is not clearly understood.
Countries in their report to the ACERWC clearly state the
need for clarity in the concept
Burkina Faso, 2006
It is not always easy to differentiate between child labor based on
exploitation and socializing labor or even labor which enables the child
to face up to the imperative of survival.
Cameroon, 2009
The notion of child labour, as defined by international conventions, does
not always fit in with the specific socio cultural circumstances of
Cameroon, which considers the work of children as a socializing activity
to prepare them for adulthood.

15. Recommendations
 The concept of child labour as envisaged under the ACRWC
in the formal and informal sector needs clarification taking
the best interest of the child and the African context in to
account
 States must ratify and harmonize their laws and allocate
the necessary resource to enforcement of laws and
strengthen labour inspection services
 Child labour of children in religious and secular education
establishments and in family businesses and domestic
work shall be given due attention
 Child right must be mainstreamed in investment plans,
policies, agreements and monitoring activities

16. Thank you!