What is child Labour? ILO describes it as economic activity, both paid and unpaid, few hours or full time ,casual or regular, legal or illegal that are mentally,physically,socially or morally dangerous and harmful to a child excluding chores in homes and schools. It Is work carried out to the manifest determent and endangerment of a child . it deprives them of a right to education or that requires them to assume the multiple burdens of schooling and work. Forms of Child Labour Hazardous work Worst forms of child labour Labour performed by a child below the Minimum age for that category of work. Light Work Vocational /education Training Apprenticeships Family Business Artistic Performances-charitable/non Charitable What can be done about it? • Special attention and effective measures are required in areas of : • Labour Inspection(detection) • empolyment policy, • poverty alleviaton • social security , • child welfare and • education What studies have been done on Child Labour ILO Regional Child Labour Project 2005 Qualitative Analysis of Child Work in Belize 2003 In Dept Analysis of Child Labour and Education in Belize 2003 National Report on the result of the Child Activity Survey in Belize 2004 A review of child Labour Laws in Belizwe- Roy Young 2005 Is there a national Child Labour Policy • • o o o o o o o o Draft Key principles: abolition of WFof CL. regulating work that is beneficial to a child Sets a frame work for addressing CL and ID main target groups and priority areas: Legislation and enforcement Education and Training Awareness and Advocacy Employment and Entrepreneurships Living Environment Institutional Strengthening/Capacity Bldg OSH Protection,withdrawal and Rehabilitation of Victms 1st priority area o Legislation and enforcement. • Enactment of legislations to prohibit harmful and worst forms of child Labour and to deal with family own business,address minimum age for employment and light work,training,performances etc • Compliant with conventions and other intl treaties CRC,Hayge Convention, • Sanctions/penalites/prosecution and remedies Child Labour Laws • Constitution S.8 no person shall be held in slavery or servitude and forced labour • Labour Act S158 prohibition of forced Labour • Shops Act • Factories Act • ILO C. Act • Families &Children Act Sec, 154(2) gives the minister power to make reg prohibiting trafficking 173 pornography laws • Education Act 24(9) all children under age 14 must attend school S24 schools authoroties are responsible to ensure that pupils are free from sexual and other forms of harassment,exposure to drugspornoharmful activities.S 31 parents legal duty for children to attend schoolsempowers the Chief to to serve notice on a parent,School Attendance officers has alegal duty to report to Districk Ed oFFICERS Constitution,C138&182 The Constitution C.138 R.146 1973requires Belize to persue a Policy for the elimination and prevention of C.L to establish general minimum age for employment and to prohibit children under the age of 18 years in work or acivities that are likely to jeopardise their safety,health and development. R 146 is not binding but provides guidelines regarding policy development Developing countries special dispensation 14-16 yrs minimum age C182 R.190 Worst forms of Child Labour Requires states to immediately address the immediate need for the prohibition and elimination of the worst forms of child Labour including trafficking and commercial Sex activities. It is important to stress that these laws AND the Policy seeks to protect children from work that is detrimental totheirMental,physical,social,Moral and Educational Development and not to prohibit all forms of work. 138 Labour Act age 14 ,charitable artistic performances laws • Protection Against Sexual Harassment Act • Criminal Code S47. procuring or offering a child for prostitution,porno inc porno performances s20 illicit activities • Social Security Act • C.138 &182 2ND Priority Area o Education and Training • Child Labour –Children not in school (work or home) esp 2nd Level of Ed • In ability to pay fees books and uniform • Strategic Objective Other areas of the policy Roles and responsibilities of stake holders o MOL-Implementation and legislative enforcement o NCFC-Advocacy for children dev a strategy for implementation o MOE-Greater access and affordability to education and ensuring school attendance o MOH-ID Victims & Provide Medical care-Victims comes mainly from poverty, sexual explitation,dangerous work Other areas of the policy Roles and responsibilities of stake holders o Youth for the Future- empowerment of youths ,sensitisation rights,employment and employability training. o MOHDAST- Assist child victims with social, legal and moral support/assistance and protection. o Immigration-detection and Other areas • Private sector Involvement o Employers Org-self regulation,sesitisation o NGO’S,Religious Org,Com Based Org,trade unions and parents and Families. Other areas of policy Policy implementation o Multisectorial approach o Develop a National Strategic plan o Ministry of labour having oversight Other policy areas Monitoring and Evaluation o Review 5 yrs o Commission studies o NCLSCommittee o Regular reporting • National plan 2004-2015 for children and adolescents in Belize • Calls for high priority to be given planning to meet the needs of children and youths in areas of education, health child protection …. What is the Minimum Wage? • C138-16 with a younger minimum for light work suggested 2 years • L.Act. Sec54(1) child 14 yrs or lower • Sec 169(12 year implicitly of light light work) and 170 Minister to make regulations,no work before school and not more than 2hrs on schol days 6-8 • Sec 169 (a) • Sec.54(2)protects persons 14-18 from hazardous work • Sec 71. child shall not be recruited except for light duties and wit parental consent.(recriuited worker) • Sec 84.Minster by order require registration of Emp &Wkrs • Sec164 –work related training in schools • Sec 171 permits entertainment for charitable or ed purposes • No provisions for artistic performances Light work • Def: work which is not likely to be harmful to the health or development of young persons and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instructions received • The laws does not prohibit all forms of work by children • Indeed the physical, social and moral dev of a child requires that the value of work be instilled at a reasonable age.compatible with the child welfare and a distinction made between legitimate and prohibited work • has powers under the LA to make Reg for light work this is to regulate light work .the hrs of work,activties and other conditions are important factors in det light work equal pay is of special importance, time needed for home work,education,rest(customary 12 hrs) and rest days,SSB coverage,appropriate instruction and supervision and for leisure • Exception Charitable Artistic Performances Hazardous work What are the forms of child labour • Def: is defined as any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize their health, safety or moral development. • C182 def as a worst forms of child labour Work that exposes children to physical ,psycological or sexual abuse Underground underwater, dangerous heights,orconfined spaces Dangerous machinery, tools or equipment,transporting heavy loads Hazardous work cont. Work in unhealthy environments vibrations,haz substances or agents,temp,long hrs and confined to premises. Exceptions :votec ed training with supervision and keeping records Exclusions:R146 work in schools or votec ed mining andQuarrying,manufacturing,electricity ,gas,water,saitary,plantation and agric for production and commercial purposes What are the Worst forms of child Labour • Commercial sex (prostitution,pornography or pono performances and other sexual activities) • Slavery and practices similar to slavery(Sale and trafficking of children,forced const.Sec8 labour,bonded labour,wars armed conflicts • Illicit activities (particularly production,sale and trafficking in drugs) • They are criminal offences In-depth Analysis of child work and education in Belize • 6.4 % persons 5-17 were child labourers • 3times males than females engage in CL • 79% live in rural areas and work in subsistence agricultre,tourism,home domestics • Children 5-14yrs compulory school age make contrbute heavily to C.L,some are involved in forced prostitution and sex tourism • 2/3 of these children should be in school • Mayan,latino and minonite ethnicity are at severe risk. • Mostly occurs in larg families,single parentsfamilies,head od fam had less than a primary ed • Major factors are poverty &limited access to ed facilities and cross border activities