Contents
Preface
Part I - Introduction
Part II - Child labour and commercial agriculture in Africa: A situation analysis

1. Introduction
2. Defining and understanding child labour Case-studies
3. Extent and characteristics of child labour in commercial agriculture in Africa Case-studies
4. Child labour policies Case-studies
5. Action to combat child labour
Bibliography

1. The policy framework
2. Legislation
3. Enforcement and monitoring
4. Status of women workers
5. Working conditions and collective bargaining
6. Education and training
7. Community mobilization and awareness-raising
8. Direct assistance
9. Health
10. Research

(a) The Honourable Sebastian R. Kinyondo (MP), Minister of Labour and Youth Development, United Republic of Tanzania
(b) Ms. Andrea M. Singh, Director, ILO Area Office, Dar es Salaam
(c) Mr. Philippe Egger, ILO-IPEC, Geneva

(a) Mr. Benjamin O. Alli, ILO-EAMAT
(b) Mr. David S Mboggo, Ministry of Labour and Youth Development, United Republic of Tanzania
(c) Ms. J. Mugo, Federation of Kenya Employers
(d) Mr. J. B. Pajobo, National Organization of Trade Unions of Uganda

Preface
The International Programme on the Elimination of Child Labour (IPEC) aims at the phased elimination of child labour by strengthening the capability of countries to deal with the problem and by promoting a worldwide movement to combat child labour. The ILO launched IPEC in 1992 with a major donation by the German Government. It is now operational in 22 countries. Over ten donors have come to support IPEC, one of the major ones being the United States.

Child labour is a vast, complex and multifaceted phenomenon. In the long term it can be solved only from within the countries themselves. The ILO/IPEC strives to:

The extent of child labour in commercial agriculture is not known to any degree of precision but some surveys suggest that the bulk of economically active children is to be found in agriculture. Children are exposed to dangerous work, in the form of heavy workloads, inappropriate use of agrochemicals and cutting tools, as well as other physical hazards. Generally inadequate working and living conditions amount to strenuous work and low productivity.

Commercial agriculture is of critical importance in sub-Saharan Africa in respect of export earnings and employment. Conditions of work are generally considered to be poor in commercial agriculture, with wages often at or close to subsistence levels. Poor housing, water and sanitation conditions and inadequate health and education facilities further strain working and living conditions and significantly add to the total burden of poverty.

The financial assistance of the United States Department of Labor to IPEC was particularly timely and allowed for the organization of a Subregional Technical Workshop on Child Labour in Commercial Agriculture from 27 to 30 August 1996 for eight selected English-speaking countries (Ethiopia, Ghana, Kenya, Malawi, South Africa, United Republic of Tanzania, Uganda and Zimbabwe). Financial assistance from the US Department of Labor facilitated the holding of the Workshop.

The objectives of the Workshop were to elaborate a programme of action on practical and feasible priority measures in order to:

The programme of action identifies the more practical and feasible measures and initiatives to be introduced both at the national and local levels.

The participants at the Workshop committed themselves to facilitating the implementation of the programme of action in the areas of policy formulation, legislation, enforcement and monitoring, status of women workers, working conditions and collective bargaining, education and training, community mobilization and awareness-raising, direct assistance and research. IPEC is now involved in the elaboration of several proposals for action programmes at the regional and national level as a follow-up on the programme of action adopted by the participants in order to eliminate the hazardous forms of child labour in commercial agriculture in Africa.

I would like to express my sincere appreciation to the United States Department of Labor for their generous contribution to finance the Workshop, to the Government of the United Republic of Tanzania for hosting the Workshop, and to the Government, Employers' and Workers' delegates for their active participation in the Workshop. With their support we look forward to making a decisive contribution to improving the conditions of children working in commercial agriculture and eventually eliminating such forms of employment.

2.  Staff members from the ILO in Geneva and from the Multidisciplinary Teams in Addis Ababa (ILO-EAMAT) and in Harare (ILO-SAMAT), IPEC National Programme Coordinators in Kenya and the United Republic of Tanzania, and four consultants served as resource persons.

3.  The objective of the Workshop was to elaborate a programme of action on practical and feasible priority measures to: (i) remove children from hazardous and exploitative tasks, (ii) improve working conditions of children in commercial agriculture in African countries, and (iii) ultimately eliminate such forms of employment.

4.  The Workshop elected Mr. Mboggo of the Ministry of Labour and Youth Development of the United Republic of Tanzania as Chairperson. He was assisted by Ms. Mugo of the Kenya Federation of Employers and by Mr. Magwaza of the General Agricultural and Plantation Workers Union of Zimbabwe. The programme of the Workshop included presentations by delegates, ILO officials and resource persons, as well as discussions and group work. Five case-studies on child labour in agriculture in Kenya (Working paper No. 1), Malawi (Working paper No. 2), South Africa (Working paper No. 3), United Republic of Tanzania (Working paper No. 4), and Zimbabwe (Working paper No. 5), were prepared along with a synthesis (Working paper No. 6) and forwarded to the participants prior to the Workshop (available upon request at ILO/IPEC, Geneva). The group discussions centred on feasible measures and initiatives to be introduced at the national and local levels. The results of the working group were incorporated into the programme of action on child labour in commercial agriculture in Africa, elaborated and adopted by all Workshop participants.

5.  Chapter 2, the situation analysis summarizes the six Working papers which were prepared prior to the Workshop. Chapter 3 contains the programme of action against child labour, which was adopted by the participants. The annexes include the proceedings of the Workshop (Annex I), the list of participants and the programme of the Workshop (Annex II), the opening speeches (Annex III) and the closing statements (Annex IV).

Part II - Child labour in commercial agriculture in Africa: A situation analysis
1. Introduction
6.  This paper seeks to review briefly the available evidence on the extent and types of child labour in the commercial agriculture sector in the Africa region. Information and data are included from case-studies carried out on the child labour situation in commercial agriculture in Kenya, Malawi, South Africa, United Republic of Tanzania and Zimbabwe.

The purpose of these studies was to document contrasting conditions and hazards of child labour in commercial agriculture, to analyse the relevance and efficacy of measures already taken to improve working conditions among children and to reduce the use of child labour, and to identify additional feasible measures and activities.

7.  The Kenya study covers child labour on selected sugar, rice and coffee plantations in the country, while the Malawi study includes information on child labour in commercial agriculture in general and more specific information on the use of child workers on tobacco and tea estates. The South Africa study contains information on child labour in the agricultural sector in general and in commercial agriculture in particular. The case-study carried out in the United Republic of Tanzania consists of child labour surveys on selected rubber, clove, green algae (seaweed), coffee and sugar-cane plantations, and the Zimbabwe study examines the situation in both the peasant farming and the large-scale farming sectors.

8.  In each section of the paper, general considerations are presented first, followed by information from the case-studies addressing each particular subject, where appropriate.

2. Defining and understanding child labour
9.  The term child labour may have different meanings in different societies. Therefore, it is useful to begin by defining the term. The ILO Minimum Age Convention, 1973 (No. 138), states that ratifying Members shall “raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons”. The minimum age shall not be less than 15 years, although developing countries, whose economies, educational and administrative facilities are insufficiently developed, may initially permit children of 12-14 years of age to carry out light work of certain types and under certain conditions. Children in most societies undertake a variety of labour-force and non-labour force activities, even at a very young age.

10.  The main concern of the ILO, therefore, is not child work as such, but rather the concern is work which is detrimental to children's physical and mental development, such as child labour in hazardous work environments, in exploitative conditions, work in servitude (slavery or bondage) and work performed by very young children less than 12 years of age. The priorities are therefore set on hazardous forms of work detrimental to the safety and health of any worker, but especially of children, who are physically and emotionally more vulnerable. This includes exploitative forms of employment based on the social vulnerability of children, and work in the form of long hours or intense physical effort, which are totally unsuited to children. The United Nations Convention on the Rights of the Child captures this priority in its Article 32, which provides that: “State Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.”

11.  The economics of child labour are known in general terms. The supply of working children is found primarily among poor families in need of the supplementary income provided by their children's labour. The burden of expenditures required to attend school as well as the loss of income provided to the family by children who are attending school, combine to make education too costly for such families. More detailed studies have established strong correlations between high fertility, large household sizes and child labour, and between women's and mothers' labour force activities and child labour, as well as documenting the gender patterns of child labour in the types of activities usually performed by girls and boys ( Endnote2 ).

12.  The demand for working children by employers is less well-documented. Children may be paid proportionately much less than adults, may prove more submissive than adults and may display greater skill in some tasks than adults, all factors which may appeal to some employers in some countries. Although some analysis of the economics of child labour in specific industries has recently been undertaken, for instance on carpet weaving and the manufacture of glass bangles in India, much more research is required to understand better the underlying reasons for the employment of children ( Endnote3 ). Such information would be useful in combating child labour more effectively.

13.  The effects of such work on children are better known. Children working in commercial agriculture are exposed to long daily and weekly hours of physically strenuous work, to injuries caused by tools, to repeatedly shouldering heavy loads, to the hazards of insect and snake bites, and to hazards linked to the handling of agrochemicals, or their general use which leaves large concentrations of residues in the air, in the soil and on plant leaves. Children working in the processing factories located on or near the farms are exposed to all of the hazards of the work environment (machines, toxic substances, dust, noise, ventilation) like other workers. But the greater vulnerability of children requires greater attention in the application of standard occupational health and safety regulations.

Case-studies
14.  All of the case-studies on child labour in plantations and commercial farms carried out for the Workshop confirm that children work primarily for economic reasons, to supplement low family income. This is particularly true for children from households in low-wage occupations such as on plantations. When remuneration of workers is based partly or wholly on task-work or piece-rate work, this often encourages the use of accompanying children to increase output, and hence income. Low returns for education in distant rural areas and poor housing conditions are further incentives for child labour. Children are a sought-after labour force, working skilfully and quickly for very low pay ( Endnote4 ).

15.  All of the studies also note the complete interdependence of low level of development in a country and child labour, and stress that child labour will continue to exist until poverty is eliminated and the level of development is raised. Other factors noted in these studies include large household size, single-parent households, lack of universal education leading to a low level of formal education, lack of other alternatives to schooling, lack of skills, and cultural acceptance of child work as part of the socialization process, among other factors. The Zimbabwe study also points out that the AIDS epidemic has had a negative effect on child labour, in that it has caused a loss of productive adult labour, leading to an increased reliance on child labour.

16.  The case-studies touch on the subject of employer demand also. For example, in addition to the reasons cited above for the demand for child labour, the Tanzania study reports that some employers hire children because their attendance is good, since they are healthier than adults and have no family or other commitments, or role conflicts. In fact, some employers in the commercial agricultural sector consider that children comprise the only reliable, readily available labour force.

17.  In Zimbabwe, some employers perceive the use of child labour as a “mutual support” system - the children provide needed labour and the employer provides them with needed income to supplement their household incomes.

18.  A related issue is tied to problems of task-work or piece-rate work which is cited in all of the case-studies. For example, some employers in Kenya noted that their use of child labour is not simply a question of demand. They say that it is often not easy to stop children from working when they accompany their parents to the plantation, since they often end up working in order to help them increase their output and hence their income. In South Africa it was pointed out that some children are forced to work if they wish to enjoy the “privilege” of living with their parents or care-givers. If they refuse to work, they - and sometimes their parents - risk being evicted from the farm where they are living.

19.  The various hazards and risks faced by the children working on the different types of plantations are cited in each of the case-studies. In addition to those mentioned above, other specific physical hazards related to the types of work performed by the children on the different types of plantations are also noted. One “hazard” mentioned which is common to many of the child workers on all types of plantations, according to the case-studies, is that a large number of these children are also attending school - in some cases working both early in the morning before school hours and again after school - and their long working hours leave them exhausted, to the detriment of their studies. This is an important consideration, since as will be seen below, the education of children is an essential component in the fight against child labour.

3. Extent and characteristics of child labour in commercial agriculture in Africa
20.  There is little solid data on the extent of child labour in any country. Enumeration of children in labour force or household surveys is generally deficient and widely under-reported. Recent ILO data based on a special questionnaire sent to member States estimate that in 1990, some 79 million children were economically active in the world, with a labour force participation rate of 13.7 per cent of all children in the 10-14 year age group. ( Endnote5 ) These figures are considered to underestimate the actual situation. This survey estimates that there are 17 million working children in the Africa region, with a participation rate of 22 per cent of all children between 10 and 14 years of age, 32.9 per cent in eastern Africa and 24.2 per cent in western Africa. It also shows that the participation rate is considerably higher for boys (26.8 per cent) than for girls (17.0 per cent). Some 77 per cent of the economically active children under 15 years of age work in the agricultural sector and over 38 per cent in paid employment. Nearly half (47.8 per cent) cannot be classified by their work status.

21.  Such partial and imperfect information can only be indicative of the actual extent and characteristics of child labour in Africa. The ILO is currently testing more widely a survey methodology developed by experiments in several countries (Ghana, India, Indonesia and Senegal), ( Endnote6 ) in order to generate more and better qualitative and quantitative data on child labour.

22.  Information on child labour was also drawn from other reports on selected countries in Africa. ( Endnote7 ) For the most part these countries are predominantly agricultural, with a median share of the labour force in the agricultural sector of more than two-thirds. In ten of the 13 countries on which information was extracted, more than 30 per cent of children in the 10-14 year age group are working in the agricultural sector. Only those countries with a per capita GNP of more than US$1,500 (Tunisia, South Africa and Mauritius) showed a percentage of less than 30 per cent. The countries selected in the sample are also heavily dependent on agricultural exports, the median share of which for all of those countries is 52 per cent of total exports. In general, this share of total exports tends to decline with rising levels of per capita GDP, although the percentages for Mauritius and Côte d'Ivoire are relatively high. Nigeria stands out with a low 4 per cent because oil exports constitute a high percentage of its total exports.

23.  According to the reports, the median labour force participation rates in the 10-14 year age group in those countries is 37.5 per cent for males and 25.2 per cent for females. In general it is higher in the countries with a lower per capita GNP and a higher share of the total labour force in agriculture. The rate is lower in those countries with a higher GNP per capita and a lower share of the labour force in agriculture. For example, the activity rates for both boys and girls of 10-14 years of age are more than 40 per cent in Ethiopia, Kenya, Uganda and the United Republic of Tanzania, less than 6 per cent in Mauritius, and zero in South Africa and Tunisia. Reporting for South Africa may be biased in view of the high differentiation of social indicators between white and black communities. In Ghana the activity rates are comparatively low, and lower for males than for females, which is somewhat unexpected.

24.  The same reports referenced above (UNICEF, 1994; World Bank, 1995) also present data on school attendance of children in the 10-14 year age group in selected African countries. They indicate that the median net primary school enrolment in that age group is 53 per cent and the median percentage of children who have completed that level of schooling is 73 per cent. The data suggest that only 39 per cent of children of primary school age enter and complete primary school. This is still quite far from universal primary school education. In most of the low-income countries, the net enrolment ratio is around 50 per cent, and more than 85 per cent in higher-income countries. It is very low in Ethiopia (28 per cent) but much higher in Kenya (90 per cent) and Cameroon (75 per cent). In the case of Kenya, the stronger primary school enrolment performance is not reflected in lower economic activity rates among the 10-14 year-olds, which remain above the median of the sample.

25.  This could be explained by the relatively low primary school completion rate (62 per cent). Low completion rates are observed in Ethiopia, Malawi and Nigeria. Conversely, relatively high percentages are observed in Ghana, Zimbabwe and Uganda. Higher-income countries tend to have higher percentages in both enrolment and completion.

26.  Data on rural poverty are also provided in the UNICEF and World Bank reports, although some sources are quite old. The median incidence of poverty in rural areas is 49 per cent and somewhat higher in low-income countries, with a high of 90 per cent in Malawi and a low of 33 per cent in Uganda. Surprisingly, rural poverty is also high in South Africa (49 per cent) and in Tunisia (31 per cent). Although these data tend to confirm the link between poverty and child labour, they also indicate that poverty can remain at relatively high levels, even when activity rates among 10-14 year-olds are low and primary school enrolment ratios are high.

27.  The data for this sample of countries in Africa broadly confirm what is generally known about situations more conducive to child labour, such as low per capita income, a high share of the labour force in the agricultural sector, high activity rates among the young and low primary school enrolment ratios. However, there are a number of significant variations to this general pattern, such as low income along with high primary school enrolment rate, a high activity rate among the 10-14 year-olds along with high primary school enrolment, and high per capita income with high rural poverty. This suggests that the relationships between these indicators are not as straightforward as usually assumed, and that there is room for significant improvements in most situations.

Case-studies

Case-studies
28.  Information from all of the case-studies also indicates that child labour in the commercial agricultural sector is widespread.

29.  The Kenya study, for example, estimates that children constitute some 20 per cent to 30 per cent of the casual labour force on all types of plantations. On the Kenya coffee plantations during the peak harvest seasons, as many as 30 per cent of the coffee pickers are below 15 years of age. In some rice schemes, up to 90 per cent of the workers engaged in transplanting were children. The study identifies two distinct types of child labour: family (non-wage) work, which is defined as children working on family farms for which no payment is involved, and child wage labour, by which is meant children working outside of the family farm for which they are paid for services rendered. In Kenya's agricultural sector, child wage labour is found predominantly on commercial agricultural plantations.

30.  Variations were noted in the numbers of children working on the different types of plantations included in the study. For example, on the sugar plantations there are more children working in the large-scale outgrower farms (those owned by individual farmers and mainly subcontracted by the sugar companies to grow sugar cane) than in the nucleus estates (company-owned). Similarly, there are more children working on company-owned coffee plantations than on individually owned estates, while in the rice schemes many children work on family-leased farms.

31.  The study also revealed diverse activities and working environments for children on the various types of plantations. On the sugar plantations, children are engaged mainly in planting (which takes place primarily during the rainy season) or weeding (which is done three times a year). On the rice schemes they are engaged mostly in the transplanting of rice, and most of the children who work on the coffee plantations are engaged in coffee-picking.

32.  Working hours are only one factor in the length of the working day, especially with regard to children. Not all casual workers live on the plantation premises, so time spent going to and from work is an added consideration. Some are provided transportation by their employers, and some walk to and from work. Even those who use company lorries must wake up very early in the morning to reach the central collection points where they are picked up between 5.30 and 6.30 a.m., and are dropped off after work between 5.00 and 7.00 p.m. The study concludes on this point that “It was therefore not surprising for the children to complain of exhaustion at the end of their working day.”

33.  The study also notes the incidence of school attendance among child workers. In Kenya, it is estimated that there are more than 3 million children between the ages of 6 and 14 years who either have no schooling at all or have dropped out of school, most of them engaged to some extent in work of one kind or another, many in commercial agriculture. Most of the children working on the rice plantations work during school holidays, weekends and after school, although a few work during normal school hours.

34.  Although there are no primary data on child labour in commercial agriculture in Malawi, a 1990 study of the distribution of the labour force on a sample of commercial agricultural estates indicates that children under 15 years of age make up approximately 22 per cent of the total labour force among both permanent and casual labourers (see Mkandawire, et al., 1990). Apart from direct employment as permanent or casual labourers, the study notes that evidence exists to the effect that children also provide extra labour to tenants' plots on tobacco estates, where children play an active role in production and post-production activities.

35.  No quantitative data exist on the level of employment of children on the tea estates, but observation indicates that children who do work there are engaged in tea-picking on a day-to-day basis. The case-study concludes on this point that “child labour makes a significant contribution to the total commercial agriculture labour force in Malawi”.

36.  Contractual arrangements on commercial agricultural estates in Malawi tend to vary with the type of ownership. Except on a few large, corporate-owned estates, most labourers and tenants are employed on the basis of verbal, unenforceable contracts. Thus, children employed on estates are unlikely to have any written and enforceable contractual arrangements.

37.  Data on wage levels for children are based on a 1989 estimate of children working on tobacco estates. They indicate that nearly all child labourers were paid wages below the minimum wage. According to the study, this confirms suspicions that child labour is generally exploited in terms of low wages. Also, because of the lack of legislative regulation or government policy and enforceable contractual agreements, no regular hours of work are stipulated for child labour (or for adult labour for that matter).

38.  In 1992, there were just over 1 million farm workers on commercial farms in South Africa, comprising approximately one-tenth of all formally employed workers in the country. Together with their dependants, they number around 7 million people, which means that nearly 20 per cent of the people of South Africa live on these farms. According to the October Household Survey of 1994, at least one in every three child workers in the 10-14 year age group lived in commercial farming areas outside of towns, of which 21 per cent were working in the agricultural sector. The case-study indicates that this figure is likely to be much higher since more than one-third of the respondents in the survey did not indicate the sector within which they were working.

39.  There are no reliable data on wage levels, partly because employers, and sometimes the children themselves, are reluctant to disclose such information. No reliable data are available either on the type of work done, on leave provisions, etc. It is unclear from the survey data whether the children were working full time or part time, whether or not they were attending school at the same time or are withdrawn from school during busy work periods. There are no data on hazardous work either, and the only figures available on injuries sustained by children at work do not distinguish agricultural work from work in other sectors.

40.  The only other information available on working conditions is sparse, and derived primarily from recent reports of NGOs in rural areas investigating allegations of abuse or mistreatment, and from press reports, the latter which tend to focus on sensational material.

41.  In general, living conditions are appalling, food is extremely scarce, and wages for children are usually far lower than those for equivalent work by adults (and, according to some parents they are not paid at all). Young children sometimes handle toxic substances on the farms. Complaints or tardiness are not accepted at all, with children being treated cruelly in some cases. Some young children have been found doing hard labour while being provided with inadequate food and accommodation.

42.  A form of bonded child labour occurs in some regions where, as mentioned previously, children are forced to work if they wish to live with their parents or care-givers. If they do not work, they risk being evicted from the farm. Bonded situations have also arisen in cases where no land was available off the farm for African housing, resulting in children having to leave school in order to work for their accommodation.

43.  The Tanzania case-study points out that although in the past child workers were mainly assisting their parents in their work, in more recent years children have been employed as labourers in their own right. Although definitive studies of the problem do not exist, that information which is available on child labour in the United Republic of Tanzania indicates that the problem of child labour is widespread and prevalent on plantations.

44.  On the rubber plantations covered in the Tanzania case-study, where children constitute nearly 15 per cent of the total labour force, approximately half of the working children were school drop-outs, one-third were both working and attending school, and the rest had never attended school. Child workers on the rubber plantations receive piece-rate pay equal to that of adults, but as children, and perhaps not able to work at the same speed or for the same length of time as the adults, their total pay is less than that of the adult workers.

45.  No medical examination is conducted for workers and there are no written contracts. No food, medical service, accommodation or transportation allowances are provided. The children work nine hours a day from 6.00 a.m. to 3.00 p.m. Supervisors explained that there is no immediate plan to desist from employing children and the possibility of reducing working hours is out of the question.

46.  Children in the 7-15 year-old age group were found to be working on the clove plantations every year during two seasons, and have been doing so since early childhood (as early as 5 years of age) when they accompany their parents to work. On one plantation, where child workers constituted just under 30 per cent of the total labour force, one-sixth of the working children were school drop-outs, eight out of ten were both working and attending school, and only some 3 per cent had never attended school. The children are engaged in picking, destalking and drying the cloves. As is the case on the rubber plantations, child workers on the clove plantations also receive piece-rate pay equal to that of adults, but for the same reasons their total pay is less than that of the adult workers.

47.  Both adults and children on the clove plantations work for an average of nine hours per day. Child workers generally wake up around 6.00 a.m., and walk an average of 2.5 km to the plantation (in the case of one plantation, the children said they walk 10 km a day to work). Once their parents are at work, the children generally assist them by destalking the fallen cloves and picking cloves from the lower branches of the clove trees.

48.  Children in the 7-15 year-old age group were also found to be engaged on the green algae (seaweed) farms. From one-fourth to one-half of these child workers were school drop-outs, one-third to three-fourths were both working and attending school, and from 0 to 16 per cent on the various farms studied had never attended school. On the green algae farms, contrary to the situation on rubber and clove plantations, child workers are paid at a rate of from half to three-fourths that of adults doing the same type of work, and therefore earn far less overall.

49.  Child workers on the green algae farms generally work from 7.00 a.m to 4.00 p.m. There are two “seasons” of seven days each per month during which the children spend two hours in the water at low tide planting and harvesting the seaweed. The remaining seven hours of their working day are spent on shore drying seaweed. The remaining days of the month the children's workday is also spent on shore drying seaweed. These activities proceed throughout the year. There are no welfare services for labourers on the green algae farms; i.e., no provisions exist for accidents, sickness, food or transportation, and the owners of the farms studied say that they have no plans for introducing such services.

50.  Children in the age group 12-15 years were found to be working on the coffee plantations, where they receive the same wages as those paid to adult casual labourers. The United Republic of Tanzania study includes a report on the three largest sugar-cane plantations in the country. Although official company policy restricts the employment of children, it was noted that children are recruited by farm supervisors. All of the sugar plantations studied have primary schools on their premises, and most of the children working on these plantations also attend school. Between 40 per cent and two-thirds of the children between the ages of 12 and 18 years interviewed on the three plantations said that they had worked there at one time or another, and parents admitted that temporary child labour is used, particularly during the weeding season.

51.  On the sugar plantations, the children work eight to ten hours a day, and are paid at the same rate as adult workers. Most children are employed during the weeding season. Often children are obliged to work all day without meals, since they are sometimes assigned to work far from their homes and thus cannot have their meals there. The only benefits the companies provide are transportation to and from work and free treatment in the company hospital. All of the children interviewed said they did not face any hazards in their work except for minor accidents.

52.  In general, the child workers on all types of plantations included in the study live with their families, their parents or guardians themselves being plantation workers. The Zimbabwe study points out that “the concept of subsistence agriculture taking place in the peasant sector [farms of 4-10 hectares] and commercial agriculture in the large-scale farming sector [1,000-50,000 acres] does not apply in Zimbabwe in the 1990s”. Peasant production contributes to a large proportion of marketed products and is thus a part of commercial agriculture. Therefore, both the peasant farming sector and the large-scale farming sector are included in this study. At the same time it should be noted that much of the child labour in the peasant sector is unpaid family labour.

53.  The study notes that although quantified information on the extent and nature of child labour is generally unavailable, the Central Statistical Office Household Income and Expenditure Survey of 1994 indicates that 4 per cent of children in the 10-14 year age group are economically active, and of these 55 per cent are employed in peasant farming. In the large-scale farming sector, a recent survey indicates that in one region, one out of every eleven children over the age of five years had done some form of labour in the year preceding the survey.

54.  According to the case-study, this indicates that child labour is a major form of employment in this sector, “temporary and unrecognized as it may be”. Children in the peasant sector are involved in a variety of tasks, including agricultural work, such as herding, weeding and planting; domestic work, such as fetching water and wood, and foraging for food; and child-care work.

55.  A study carried out in Zimbabwe notes that on the large-scale farms, children below 16 years of age are employed in tea-, cotton- and coffee-picking, apple harvesting and apple growing. Union officials stated that children were working in both direct and indirect forms of employment, doing general work, picking cotton, removing insects from tobacco leaves, loading and off-loading tobacco, spraying pesticides, herding animals and doing household work. The children work from 4-12 hours a day in the peak season, and earn less than the minimum wage - less than half in some cases.

56.  Most child workers in Zimbabwe are employed on a piece-work or task-wage basis, at low rates. Most also work very long hours; in some households, children are expected to work both before and after school, from as early as 4.00 a.m. and until after dark, in order to ensure that the household meets its labour demands, as mentioned previously.

57.  On the coffee plantations in the Tanzania study, children in the age group 12-17 years were interviewed (of which half were in the 12-15 year-old age group). Around 70 per cent of all the children interviewed were both working and attending school and 30 per cent were not attending school. Of the latter, slightly more than one-third had never attended school and around one­fourth were school drop-outs. At one plantation it was reported that children are permitted to work only on Saturdays in order to allow them to attend school during the week.

4. Child labour policies

58.  Child labour policies have not always had, nor do they all have today, the same objectives. It is interesting to note the evolving objectives of international legislation and declarations on the subject. ( Endnote8 ) The ILO's first Convention on the employment of children in the agricultural sector, the Minimum Age (Agriculture) Convention, 1921 (No. 10), does not take a stand on child labour as such. It simply indicates that the priority, for children aged below 14 years, lies in school attendance, and that any work children might undertake should be carried out outside of school hours.

59.  The ILO Committee on Work on Plantations, mandated to examine labour and social issues on plantations, has addressed the issue of child labour on several occasions. At its very first session in 1950, the Committee adopted a resolution (No. 3) concerning hours of work, weekly rest and holidays for plantation workers, which states, inter alia: “Hours of work for children under fourteen years of age should be regulated with a view to protecting their health and in any case should not be more than six per day. The employment of children under twelve years of age should be prohibited.” The Committee has adopted several resolutions or conclusions on education, inviting governments to ensure the establishment and maintenance of adequate school facilities for children of workers on plantations, including through the active collaboration of plantation owners and employers. In 1994, at its Tenth Session, the Committee adopted a resolution (No. 93) concerning child labour on plantations, calling for more support and activities on this issue.

60.  The Minimum Age Convention, 1973 (No. 138), sets the ultimate objective as a total abolition of child labour, the means of achieving that objective being the progressive raising of the minimum age for admission to employment to 15 years. However, the Convention is a flexible instrument in that, as mentioned previously, countries with insufficiently developed economies, educational and administrative facilities may initially specify a minimum age of 14 and even 12 years for light work.

61.  In 1979, the International Labour Conference adopted a resolution on child labour which calls upon member States to strengthen their efforts towards the elimination of child labour, but also, “pending the elimination of child labour, to take all necessary social and legislative action for the progressive elimination of child labour, and, during the transitional period until the elimination of child labour, to regulate and humanize it ...”. It also calls on more protective labour legislation for working children, a stronger role for labour inspection and the introduction of compulsory primary education. The 1990 World Declaration and Plan of Action on the Survival, Protection and Development of Children, signed by 159 countries, also provides for the abolition of illegal child labour and for the protection of working children. These texts recognize that the objective of eliminating all forms of child labour immediately may not be feasible. Therefore, they recommend a progressive elimination of child labour, starting with a better protection of working children. The formulation of objectives is here closely intertwined with the instruments used to put policy into practice. Clearly, legislation alone cannot eliminate child labour. Hence the need for a variety of other instruments which can all contribute towards the gradual elimination of child labour. However, no one instrument holds the power to implement this change immediately, because child labour is entrenched in a web of economic and social processes which cannot be undone except through a process of social change.

62.  Faced with these harsh realities, ILO policy has further evolved on these issues and may currently be formulated under three main headings:

In the pursuit of these objectives, particular attention is to be paid to the situation of working girls.

63.  Therefore, the protection of working children, the reduction of their numbers and the ultimate elimination of child labour, need to be tackled simultaneously in such a way as to make substantial progress on all three of these fronts.

Case-studies
64.  No official government policy was mentioned in the Kenya case-study. It does point out, however, that some children working in commercial plantations are not covered under any collective agreements, nor under minimum wage legislation. The collective agreements between the two trade unions covering plantation agriculture - the Kenya Plantation and Agricultural Workers Union and the Kenya Union of Sugar Plantation Workers - and the various plantation employers, tend to exclude casual workers from their coverage. Unfortunately, a substantial number of these casual workers are children under the age of 15. There are provisions in some collective agreements for the automatic conversion of casual workers into permanent workers after a certain period of continuous work, and at least one other does not exclude casual labour from the coverage of the agreement.

65.  It is also noted that, although in the case of some such agreements, a seasonal worker is eligible to become a member of a union, the Trade Unions Act prohibits children below the age of 16 from being a member of a trade union; hence, child seasonal workers cannot seek trade union protection. By contrast, seasonal workers in the tea industry, including children, are entitled to two weeks' notice or pay in lieu thereof on termination, after three consecutive months of work, in addition to being paid pro rata leave.

66.  The Malawi case-study states that the Government of Malawi lacks a clear policy regarding the employment of children in commercial agriculture. Even though the law is silent on this issue, little if any debate on the subject appears to exist within the Government. As a result, there is no clear direction within the Government on the handling of child labour in that sector. Thus, the employment of children in commercial agriculture is not regulated by any legislation or government policy. Because of this, and the lack of enforceable contractual agreements, no regular hours of work are stipulated for child labour (nor for adult labour for that matter).

67.  There is also no evidence that the attendant health and safety hazards or other occupational hazards associated with child employment have been recognized as problem areas, according to the study; thus, these issues have not been actively addressed either by the Government or by agricultural estate owners. In the absence of legal regulatory machinery designed to protect child labourers, it is difficult for governmental or non-governmental agencies to take initiatives to address child labour issues in commercial agriculture in Malawi. Indeed no records exist, according to the Malawi study, of any such efforts. Although trade unionism has recently been revitalized in the country, the agricultural labour market has yet to benefit from such an organization.

68.  The educational context is an important factor touching on child labour in many countries, because of the lack of many alternatives for children other than work. Educational policies in South Africa over the last 50 years or so were formulated to ensure that farmers had ready access to school pupils for labour, and the education provided to children prepared them for little else other than farm labour. The Education Laws (Education and Training) Amendment Act of 1988 tackled the issue of the control, establishment and upgrading of farm schools and the curtailment of child labour practices. It prohibited the removal of pupils from a school during school hours, and provided for a fine or imprisonment for doing so. However, enforcement of the Act has been difficult because of the isolation of the farms and the power of the farmer to close schools and to evict teachers, pupils and their parents if they do not comply with his demands. An increasing number of farm schools were closed between 1987 and 1989, which, according to the South Africa case-study, may indicate that some farmers were not prepared to maintain schools if the pupils could not be withdrawn to work.

69.  Earlier this year, the Department of Labour of South Africa published policy proposals for a new employment standards statute which would apply to all children, including agricultural workers, containing the following provisions:

70.  In the United Republic of Tanzania the Government is aware of the existence of child labour, the prevailing legal instrument on the subject being Employment of Children, Young Persons and Adolescents (Restriction) of 1953 (see Legislation on child labour in section 5, below). Aside from any legal aspects, several strategic measures have been taken to fight the problem in the United Republic of Tanzania, including a 1994 survey by the Ministry of State, President's Office for Women's and Children's Affairs, on children living in difficult circumstances. The Ministry of Women's and Children's Affairs has also organized seminars, workshops and radio programmes to sensitize and educate the public on the issue, and in 1994 prepared the Policy on Children, one objective being to protect children from child labour. However, in spite of such efforts and the developments in the structure of production and technological modernization, child labour is taking a new shape in the United Republic of Tanzania and more children are joining others on plantations in order to earn a living.

71.  According to the Zimbabwe case-study, there is no clearly articulated national policy on child labour in agriculture in the country. Thus, only policy directions are noted in the study. The 1991 economic reform policy document recognizes child labour as a problem. The Government has ratified the United Nations Convention on the Rights of the Child (1989), and a national committee on its implementation has been set up in the President's office.

72.  As a signatory to the UN Convention, the Government of Zimbabwe has adopted its Articles with the intention of realizing them in national law and practice. To this end the Government has taken a series of policy steps. For example, the Ministry of Labour established a “Child Welfare Forum”, which holds interagency meetings four times a year to discuss policy issues. Through the ILO, in 1992 the Ministry prepared a study on child labour and held a national seminar on the subject, which focused media attention on the issue and noted some key issues for future work. However, the programme of action resulting from the seminar has not as yet been implemented. In 1993, the Ministry established a follow-up child labour task force to assist in developing and articulating its policy on child labour, but its recommendations have not yet been finalized.

73.  The Ministry of Health has also taken measures which focus on child labour, including its 1992 portfolio Child Welfare. It also chaired the meeting which developed the National Action Plan for Children, which includes child labour issues. The plan sets priority goals for the decade, strategies for achieving those goals, resource requirements, and indicators for evaluating progress. It includes child labour as a problem of children in difficult circumstances and calls for improved legal protection of child workers. The policy position of the Ministry of Education also clearly supports the right of the child to attend school and for child labour not to undermine schooling.

5. Action to combat child labour
74.  Certain measures have already been taken in various African countries to combat child labour in commercial agriculture, by governments, by trade unions, and in some cases by the employers of the child workers themselves. Further action which must be taken to counter this phenomenon will be addressed during the workshops.

Bibliography

Anker, R. 1995. “Labour market policies, vulnerable groups and poverty”, in Figueiredo, J.; Shaheed, Z. (eds.) Reducing poverty through labour market policies (Geneva, ILO International Institute for Labour Studies).

Ashagrie, K. 1993. “Statistics on child labour”, Bulletin of Labour Statistics 1993-3 (Geneva, ILO).

Bequele, A.; Myers, W. 1995. First things first in child labour: Eliminating work detrimental to children (UNICEF, ILO, Geneva).

Bosch, D.; Gordon, A. 1996. Child labour in commercial agriculture in South Africa. Working Paper No. 3 prepared for the Subregional Technical Workshop on Child Labour in Commercial Agriculture for selected English-speaking African countries, Dar es Salaam, 27-30 August.

Egger, P. 1996. Policies and approaches to child labour in commercial agriculture in Africa. Paper presented at the Workshop on Child Labour in Commercial Agriculture in Africa (Dar es Salaam), 5-9 February (Geneva, ILO).

Federation of Kenya Employers (FKE). 1996. Child labour in commercial agriculture in Kenya. Working Paper No. 1 prepared for the Subregional Technical Workshop on Child Labour in Commercial Agriculture for selected English-speaking African countries, Dar es Salaam, 27-30 August.

Grootaert, C.; Kanbur, R. 1995. “Child labour: An economic perspective”, in International Labour Review (Geneva, ILO), Vol. 134, No. 2.

Ishengoma, A.K.; Nchahaga, G. 1996. Child labour in commercial agriculture in Tanzania. Working Paper No. 4 prepared for the Subregional Technical Workshop on Child Labour in Commercial Agriculture for selected English-speaking African countries, Dar es Salaam, 27-30 August.

ILO (International Labour Office). 1991. “Child labour: Law and practice”, Conditions of Work Digest, Vol. 10, No. 1 (Geneva).

-. 1992. World Labour Report (Geneva).

-. 1994. Recent developments in the plantations sector, Committee on Work on Plantations, Tenth Session, Report I (Geneva).

-. 1996. Child labour surveys: Results of methodological experiments in four countries, 1992-93 (Geneva, ILO International Programme on the Elimination of Child Labour (IPEC), and Bureau of Statistics).

Loewenson, R. 1996. Child labour in commercial agriculture in Zimbabwe. Working Paper No. 5 prepared for the Subregional Technical Workshop on Child Labour in Commercial Agriculture for selected English-speaking African countries, Dar es Salaam, 27-30 August.

Mkandawire, R.; Jaffee, S.; Bertoli, S. 1990. Beyond dualism: The changing face of the leasehold estate subsector in Malawi. Research Report.

Nyanda, M.E. 1996. Child labour in commercial agriculture in Malawi. Working Paper No. 2 prepared for the Subregional Technical Workshop on Child Labour in Commercial Agriculture for selected English-speaking African countries, Dar es Salaam, 27-30 August.

UNICEF. 1994. State of the world's children.

White, B. 1994. “Children, work and 'child labour': Changing responses to the employment of children”, Development and Change, Vol. 25.

World Bank. 1995. World Development Report 1995: Workers in an integrating world (New York and Oxford, Oxford University Press).

Part III - A programme of action against child labour in commercial agriculture in Africa
( Endnote9 )
75.  Commercial agriculture is of critical importance in sub­Saharan Africa in respect of export earnings and employment. This sector, including family farms producing mainly for domestic and export markets, is also known to harbour much child labour. Although the extent of child labour in commercial agriculture is not known to any degree of precision, labour force surveys in a sample of countries in the region confirm high activity rates among the children, low primary school enrolment ratios and high rates of employment in agriculture.

76.  Children working in commercial agriculture are exposed to long hours of work, extreme weather conditions, heavy workloads, inappropriate use of agrochemicals and cutting tools, insect and snake bites, as well as other physical and psycho-social hazards. Generally inadequate working and living conditions compound the strenuous work. Forms of bonded labour occur in some regions where children are forced to work if they wish to live with their parents.

77.  The situation of children can vary substantially depending on the agricultural setting, large­scale outgrower farms (owned by individual farmers and mainly subcontracted) or company­owned plantations, whether the children are hired as wage labourers on a full time basis, or as casual workers and paid on a task or piece basis, or working as part of a family unit with no direct remuneration.

78.  Whilst the ultimate response to child labour lies in higher incomes and standards of living brought about by sustained economic growth, immediate action is required. The fight against child labour in commercial agriculture must be waged at several levels in a progressive manner, using a variety of means. A policy and a programme of action are required addressing child labour in general and targeting the specific situation of children working in commercial agriculture.

National legislation, policy and guidelines regarding child labour should be based on the Convention on the Rights of the Child.

80.  The protection of working children, the reduction of their numbers and the ultimate elimination of child labour need to be tackled simultaneously in such a way as to make substantial progress on all three of these fronts. Particular attention is to be paid to the situation of working girls due to their special vulnerability to all forms of exploitation and neglect.

82.  Existing national legislation not yet in conformity with the ILO Conventions on child labour, in particular the Minimum Age Convention, 1973 (No. 138), should be revised accordingly. Where applicable, governments are urged to ratify the relevant Conventions. Special attention should be given to bringing workers in agriculture, including casual workers, child workers and children working “casually”, under the coverage of the law.

83.  Governments, in consultation with employers' and workers' organizations, should ensure that national legislation provides for the following:

84.  Appropriate legislation should guarantee the right of children to reside with their parents working on a farm or estate even when the children are not working on this farm or estate.

86.  Updated information on child labour should be part of ongoing training of all labour inspectors. All labour inspectors should be specially trained to deal with child labour in commercial agriculture along with their other functions. Labour inspection should focus its attention on giving advice and sharing information, evaluating the risks for child workers. Adequate penalties should be introduced to enable inspectors to wield the necessary authority. Appropriate means of transport should be available to the labour inspectorate. Cooperation between the labour inspectorate, and employers' and workers' organizations should be improved through regular meetings and information exchanges. Other appropriate officials who may come into contact with child workers, such as social workers, should be legally empowered to inspect workplaces and enforce child labour provisions.

87.  In plantations and commercial agriculture, working children's welfare committees should be established comprising representatives of employers, workers, labour inspectors, teachers and doctors and community leaders.

89.  Governments are urged to effectively enforce the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

90.  Employers' and workers' organizations, women's groups where they exist, as well as relevant government departments should be encouraged to promote better training and employment opportunities in commercial agriculture for women with wages equal to those of men in similar positions.

91.  Campaigns should be launched to press for the ratification and/or the application of the ILO Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

92.  Adequate child-care facilities, health services and social security for women workers in plantations and commercial farms should be established.

93.  Women's sections should be established and maintained in rural trade unions and women's concerns should be introduced into collective bargaining.

94.  In plantations and commercial farms where working children's welfare committees have been established, an adequate representation of women workers and mothers should be secured.

96.  The collective bargaining environment.

97.  Collective bargaining and working conditions. In commercial agricultural enterprises in which employers and workers are negotiating terms and conditions of employment, a special effort is required to introduce clauses addressing the employment of children:

6. Education and training
98.  Education is a basic need and a basic right of all children. Where education is compulsory, and where attendance and enrolment are effectively enforced, children are no longer available for work, at least during school hours, and exploitation of child labour can be effectively reduced and even eliminated. Moreover it is largely through the education system that children are given opportunities to develop the skills and attitudes which will prepare them for productive and remunerative work for self-reliance.

99.  The principle of compulsory and free education for all children irrespective of origin, economic status, and sex should be reaffirmed at the highest level of the State. Governments should put education high on their agenda and budgetary decisions. There should be legal provision to enforce compulsory primary education.

100.  Schools should be provided within reasonable distance from the homes of children in order to allow all to attend and be retained.

101.  Schooling should be free and/or affordable for low­income families.

102.  Owners of plantations and commercial farms should be encouraged to contribute to the construction and support of schools including pre-schools in their areas. Where such constructions exist, children should not be compelled to work in the plantations as a precondition for admission.

103.  Where primary school facilities exist in large­scale farming areas, they should be registered and monitored by the Ministry of Education.

104.  Basic skills development and pre­vocational training should be part of the curriculum in primary schools. Information on existing apprenticeship schemes and government vocational training programmes should be given to all children and their families especially in rural areas.

105.  Information on the specific needs and problems of the children working in commercial agriculture should be introduced in the training of teachers and included in school curriculum. Managers should also be included.

106.  Government and employers' and workers' organizations should review, on a regular basis, the schooling situation on or near plantations and commercial farms and assess any shortcomings with a view to promote full school enrolment, quality schooling and retention of children in schools.

7. Community mobilization and awareness-raising
107.  Even with the best of intentions, the task of eradicating child labour in commercial agriculture cannot be left to technical solutions or administrative fiat. The State wields considerable power to effect and influence change, nevertheless it can only succeed if it is backed by a supportive public opinion. Legislation, budgetary decisions and administrative attention will more favourably reflect child labour issues when public opinion is fully sensitized to the issue and requests remedial action.

108.  A strategy of community mobilization and public­awareness should attempt to reach all sections of the society through national and local campaigns. Materials for the general and specialized media, using modern and traditional channels, should be prepared. A special emphasis should be given to radio programmes, as these are quite often the only means of information reaching remote rural areas.

109.  Awareness-raising and information programmes should be developed to reach specific target groups. Priority should be given to: parents, teachers, especially at primary school level, government officials, the judiciary and parliamentarians; political and religious leaders; employers' and workers' organizations, and of course the children themselves.

110.  Based on the experience of the ILO through the IPEC, no project even for direct assistance to working children should be supported without an awareness-raising component.

111.  The core message of any awareness-raising campaign is:

112.  Campaigns should be organized at national and local levels to impress upon the communities and parents the importance of education and the dangers of child labour. Non-governmental organizations should be encouraged to initiate campaigns adapted to rural populations, using popular theatre, dramas, songs and dances.

113.  Particular attention should be given to the plight of working children in commercial agriculture where programmes for the Day of the African Child exist. Workers' organizations should facilitate the participation of working children in their May Day celebrations.

115.  Deeply ingrained in a web of social and economic constraints, child labour requires a multi­pronged approach involving different institutions. The active involvement of the social partners and good coordination among the various intervening institutions is essential. To be successful programmes of action and projects have to be elaborated according to the characteristics of the local situations with the participation of the concerned people including working children.

116.  Information on programmes successfully implemented in the region such as those recently launched in Kenya and in the United Republic of Tanzania with the assistance of the ILO's International Programme for the Elimination of Child Labour (IPEC) should be actively disseminated.

117.  Governments should provide direct assistance to child workers working in contravention of child labour provisions to enable them to discontinue, including by enacting legal provisions requiring employers using child workers illegally to contribute financially to the welfare of these children and their families.

118.  Employers' organizations could elaborate codes of conduct for children working in plantations and commercial farms, in particular to protect children from hazards, provide health facilities with regular medical check-ups, facilitate school attendance, increase rest periods, facilitate access to drinking water, improve housing on the estates, avoid transportation of children in lorries, and control the terms of contracts when children are provided by independent contractors. Employers should establish working children's welfare committees. Employers should be encouraged to set up their own recruitment offices in labour-surplus areas in order not to rely on child labour.

119.  Agricultural workers' organizations should set up a focal point or a unit on child labour and develop among their members awareness-raising programmes on the issue of child labour. They should include clauses prohibiting exploitation of child labour and protecting child workers when negotiating collective agreements. Working children should be informed and educated about their right to express their views on their conditions of work and to form and/or join organizations of their own choosing as recognized by the Convention on the Rights of the Child (articles 12, 13 and 15).

120.  Federations of employers' and workers' organizations should organize among their affiliates the sharing of experiences with counterparts in other countries with some experience in child labour programmes.

121.  Non-governmental organizations working in the vicinity of plantations and commercial farms, in particular those specializing in rural development and children's issues, as well as women's organizations, should be encouraged to pay special attention to child labour in their activities. They could develop alternative basic education programmes and vocational training programmes where school facilities cannot be improved immediately. They could provide the working children with health-care services, and recreational programmes. Networking among non-governmental organizations should be encouraged. Local organizations should be granted the right of access to private farms where employees reside.

123.  Public health education systems should be introduced in commercial agriculture to educate workers on preventive health care, in particular, hygiene, nutrition, family planning and first aid.

124.  Health and safety committees comprising of workers and employer representatives should be established.

125.  Peer counsel groups should be established to help create awareness of health risks associated with casual sexual behaviour. Information campaigns for all working children regarding preventive measures on sexually-transmitted diseases, and HIV-AIDS in particular, should be undertaken.

126.  Special occupational safety and health measures for working children should be introduced. These should include appropriate protective gear and wear and observance of lapse periods following application of pesticides and herbicides. Information and training campaigns regarding basic occupational and safety measures should be carried out.

127.  Governments should take prompt measures to enforce legislation banning all forms of employment which are hazardous and dangerous to children.

128.  Employers should take full responsibility of injuries and/or accidents affecting children as a result of work.

129.  Health insurance schemes should be established to enable both adult and child workers to cover their health expenses.

130.  Inexpensive and accessible health care services should be encouraged. Essential drugs should be made available. Local medicine, for instance black stone for snake bites, should be provided to those working in the plantations.

132.  Where possible governments should undertake national surveys to determine the nature, extent, causes and impact of child labour in commercial agriculture according to the characteristics of each region and sector. This should provide information and data on child labour which should be incorporated into national statistics.

133.  Research should be carried out to provide information and direction for designing child labour programmes in commercial agriculture, for assessing the performance of ongoing child labour programmes, identifying gaps as well as strengths, and to mobilize additional resources.

Annexes
Annex I - Proceedings of the Technical Workshop on Child Labour in Commercial Agriculture in Africa (Dar es Salaam, United Republic of Tanzania, 27-30 August 1996)
Opening ceremony

134.  Ms. Andrea M. Singh, Director of the ILO Area Office in Dar es Salaam, extended a warm welcome to the Workshop participants, observers and invited guests and acknowledged the tripartite representation among the participants. She noted the significance of having Africa as the regional focus of the Workshop, given the fact that the hazards suffered by children working in commercial agriculture are compounded by the environmental factors specific to the African region. Ms. Singh stressed that the protection of children from hazardous and exploitative work is possible, provided the political will and strong resolve on the part of the social partners existed.

135.  Mr. Philippe Egger, ILO-IPEC, Geneva, presented an overview of the work and commitment of the ILO in addressing the issue of child labour. He outlined the conceptual framework of the problem of child labour and emphasized that poverty could not be seen as a justification of child labour. Mr. Egger mentioned some of the practical approaches and strategies addressing child labour and cited the objective and task of the Workshop as being the formulation of a programme of action for regional and subregional activities on child labour in commercial agriculture.

...

7.  The Hon. Mr. Sebastian Kinyondo, Minister for Labour and Youth Development, in a speech read on his behalf by Mr. Kenya Hassan, Principal Secretary in the Ministry, noted that all the participants came from developing countries, all of which, to a great extent, relied on agriculture as the backbone of their economies. He noted that commercial agriculture is often so organized that children are compelled to work as long and as hard as adults in order to ensure a decent return for the household. The Hon. Mr. Kinyondo further outlined the respective roles of government, workers and employers in combating child labour in commercial agriculture.

Introduction

8.  Mr. Michel Bonnet, ILO, provided an introduction to IPEC. He emphasized that IPEC was one component among the many activities of the ILO offensive against child labour. He summarized the approach of IPEC in three priorities: (i) to support national efforts, (ii) to build permanent capacity and (iii) to reach the weakest members of the child labour force. Among the lessons learned from the experience of IPEC, he stressed several conditions for the successful implementation of a national programme of action: (i) to set up a national focal point on child labour, (ii) to call for the cooperation of all the partners, including the working children, (iii) to set priorities for a progressive implementation, (iv) to insert an awareness- raising component in all the programmes and (v) to integrate the child labour issue into global policies and programmes.

9.  Mr. Philippe Egger, ILO-IPEC, presented a review of international experience in the struggle against child labour. His presentation focused on (i) legislation including enforcement and monitoring, (ii) working conditions and collective bargaining and (iii) direct assistance in health, education, training and information. He called also for special attention on the status of women workers. His presentation became the framework for the working groups and was used as the basis for the programme of action.

Initiatives in combating child labour

10.  Initiatives taken by employers' and workers' organizations in Kenya and the United Republic of Tanzania, by the inspectorate of labour in the United Republic of Tanzania as well as IPEC experience on child labour in commercial agriculture in Brazil and India, were introduced to the participants. The IPEC National Programme Coordinators in Kenya and the United Republic of Tanzania presented specific activities on commercial agriculture as a component of a broad and comprehensive IPEC national programme.

11.  Ms. J. Mugo, from the Federation of Kenya Employers (FKE), introduced a case-study (Working paper No. 1) on the activities of FKE regarding child labour. The activities between 1993 and 1996 can be divided in two phases. During the first phase, the FKE carried out a child labour survey in selected plantations and surrounding schools. The study was conducted in three sectors, namely, sugar plantations, coffee plantations and rice schemes. There are wide discrepancies in the number of working children and in the percentage of the children among the workers, depending on the sector (sugar cane, coffee, rice), the season the work is done and the status of the working sites (nucleus estates and outgrower farms in the sugar-cane sector, land owned by the National Irrigation Board and leased to farmers in the rice sector, and scattered estates with smaller acreage in the coffee sector).

12.  The second phase consisted of field visits during the month of January 1996 to selected employers. The objective of the visits was to establish the effectiveness of initiatives taken to reduce child labour. The employers acknowledged that child labour is a reality in commercial agricultural plantations in Kenya. They estimate that children constitute approximately 20-30 per cent of the casual labour force in the plantations. The employers' interventions concentrate on: (i) facilitating school attendance of the children, (ii) provision of health, social and recreational facilities, and (iii) various measures to reduce the demand for child labour like controlling subcontracts issued by the farmers, hiring guards to prevent children from accompanying their parents at work, etc. One of the most promising initiatives promoted by the FKE is the establishment by employers of Working Children's Welfare Committees in the plantations.

13.  Mr. A.T. Maenda, from the Association of Tanzanian Employers (ATE), focused his contribution on ATE initiatives in the sisal sector. ATE made a study of 26 sisal estates out of which 13 were privately owned and 13 state owned. The main conclusions were that: (i) an amount of child labour exists in sisal estates though less than hypothesized, (ii) working conditions are hazardous arising in particular from snake bites and sisal thorns, (iii) there is a negative impact on school enrolment which is manifested in higher levels of drop-outs, (iv) the level of awareness on the negative effects of child labour is low among the parents, the managers and the community, and (v) the inspection services of the Ministry of Labour and the Ministry of Education are weak.

14.  Mr. Maenda stressed that the methodology was crucial when dealing with the employers. He pointed out that from the experience of the ATE: (i) assurance should be given that the study would not be a fault-finding exercise, (ii) research should be presented as aimed at helping the plantation owners and the managers, (iii) emphasis should be put on the need for the industry to show a good public image and to be seen as responsible, and (iv) assurance of confidentiality has to be given to the plantation owners. Mr. Maenda emphasized the support received from the Executive Committee of the Tanzanian Sisal Association which circulated advance information to the owners and the managers before the commencement of the research.

15.  In his presentation Mr. E. Shivachi from the Central Organization of Trade Unions (COTU) in Kenya, focused on the analysis of child labour carried out by the trade union and on the elaboration of the COTU(K) national policy on child labour. Based on an extensive collation and presentation of data on the situation of the agricultural sector in Kenya, Mr. Shivachi underlined the link between child labour with employment and income problems but also with global issues such as agricultural productivity, relations between the large farm sector and the smallholder sector, and the state of the infrastructure for rural development.

16.  COTU(K) also addressed the hazardous working conditions of children emphasizing those arising from pesticides. COTU(K) has been engaged in two approaches with regard to such hazards: (i) a child-centred approach which prevents the exposure of children to pesticides, and provides training and supervision by a competent adult worker when children have to use pesticides, and (ii) a pesticide-centred approach which stipulates that the use of pesticides banned in developed countries should be prohibited in developing countries. Mr. Shivachi stated also that from the experience of COTU(K) the elaboration of a national policy on child labour for the trade unions was the most important way forward.

17.  Mr. P. Soko presented the programme of the Tanzania Plantations and Agricultural Workers Union (TPAWU). TPAWU has undertaken research on child labour in several rural districts as well as participation at seminars and workshops organized by the Tanzania Federation of Trade Unions (TFTU). The first initiative taken by TPAWU was the signing of an agreement (the Joint Voluntary Agreement) between TPAWU and the Tea Association of Tanzania which clearly stipulates that “employment of children under the age of 15 years in any manner is not condoned”. A national TPAWU committee on child labour has been formed to ensure that all employers observe the section of the agreement concerning child labour. This committee coordinates all child labour issues in plantations and promotes in particular the setting up of a child labour unit in each plantation.

18.  Among the successes recorded by the unions in the field of child labour in plantations one can mention that child labour units formed in some tea plantations function as “inspectorate teams” and also work on sensitizing teachers and pupils through visits to primary schools. In 1995 about 180 children working in plantations were sent back to school. Nevertheless, unions are still concerned by the manipulation of the law, which prohibits employment of children under the age of 15 years; parents, children and sometimes employers give false birth dates in the case of labour inspections.

19.  From the discussions ensuing the presentations by employers' and workers' representatives, a consensus emerged among the participants that: (i) child labour in commercial agriculture in Africa is widespread and is a problem which has to be addressed, (ii) work in commercial agriculture is hazardous for children, (iii) a well coordinated tripartite approach is crucial to the success of an offensive on child labour, (iv) policies addressing child labour should be based on ILO Conventions, in particular the Minimum Age Convention, 1973, No. 138, (v) collective bargaining is one of the more promising means in combating child labour in commercial agriculture in Africa.

20.  The link between casual work and child labour appeared to the participants as one of the key issues to be addressed. The remuneration rate of casual workers is usually calculated on a piece or a task basis, but quite often the outputs cannot be reached within the eight hours of a regular working day. This situation encourages the workers to seek the support of their family including children to accomplish their daily tasks. Another matter of concern is that many working children are in fact casual workers but are not recognized as such and therefore are excluded from the benefits provided by the law or by the collective bargaining agreements concerning casual workers.

21.  Mr. Alfeo Prandel presented the experience of several IPEC action programmes implemented by the National Confederation of Agricultural Workers (CONTAG) in Brazil. CONTAG programmes on child labour have two main purposes: (i) to raise public awareness on child labour issues especially damages caused to the children, and (ii) the training of trade unionists and parents regarding child labour issues, particularly the rights of the working children. CONTAG gives special attention to collective bargaining concerning children. Apart from implementing its own programmes, CONTAG collaborates actively with other trade unions, NGOs and local communities for programmes in the charcoal yards in the state of Mato Grosso do Sul, in sisal production in the state of Bahia and in fruit production in the state of Pernambuco. One of the outcomes of CONTAG activities has been the approval by the representatives of 3,200 local unions and 24 federations during the 1995 National Congress of Rural Workers to take child labour as one of the main lines of action for the trade unions.

22.  Mr. Prandel introduced the IPEC action programme in the charcoal industry in Mato Grosso do Sul. About 8,000 people are working in the midst of eucalyptus forests isolated from the outside world, working and living in very hard conditions characterized by bondage. Child labour is very common. The first step in the intervention was to set up a committee with representatives of 16 NGOs including trade unions, human rights and church organizations and nine governmental departments. The committee inspects systematically the working sites and produces official reports which are disseminated not only at the local level but also at the national and international level. In the last three years, 46 inspection visits have been undertaken in charcoal plants and sugar-cane plantations and with as many reports produced and disseminated. They have given birth to many visits by the media and several meetings with governmental departments and employers' associations. One of the results of the programme in the last three years is a decrease in the employment of children by 80 per cent in the charcoal plants and by 50 per cent in the sugar-cane plantations. The committee is going to use the same strategy in the cotton, grass seeds and tea plantations where child labour is known to be widespread.

23.  Mr. Samir Roy presented the IPEC action programme implemented in India by the Indian Institute for Plantations, Agricultural and Rural Workers (IPARW). This NGO, which is working in several states of north-eastern India, has been focusing on awareness-raising activities involving all sections of the population and has first targeted child labour in the tea sector. A baseline survey was undertaken, three centres were established for coordination and seminars were organized with the active participation of representatives of the main governmental departments, employers' and workers' organizations and NGOs. A number of motivational camps have been organized for different categories of people vis-à-vis children, parents and management officials. IPARW is also providing direct assistance to the working children and their parents through visits to the plantations by a mobile health unit with a medical and paramedical team and a well-equipped van, through an extension of income-generating activities and through support to school attendance.

24.  One of the priorities in the methodology of IPARW is to establish a relationship with the main relevant institutions of the targeted sector including foreign institutions. During the seminars organized at the state level, IPARW received the official support from high-ranking personalities including the Labour Minister in the state of West Bengal and the acting Chief Minister in the state of Tripura. As a result of these activities, amendments to the legislation, especially the Plantations Labour Act of 1951, have been adopted and, according to recent official statistics, it appears that a decrease of 20,000 in the number of the working children in the tea sector of the north-eastern states has been achieved.

25.  Mr. D.S. Mboggo, Deputy Labour Commissioner, United Republic of Tanzania, introduced the experience of the Ministry for Labour and Youth Development in his country through the activities undertaken by the labour inspectorate. Having recalled that the most effective instrument to combat child labour is the labour inspectorate, he pointed out that labour inspection would never be efficient if the labour inspectors were not properly trained not only on the issue of child labour in general but also specifically on child labour in commercial agriculture. In the United Republic of Tanzania the Labour Department has decided to provide some inspectors with this training. The philosophy of the training is that inspectors are not urged to rush to apply the law, but should instead play an educating and advisory role to the community and to the employers. Therefore the methodology of the training is to start by watching the situations, listening to the actors, including the working children, and evaluating the findings before moving into action. The training module has been tested in several regions with extensive commercial agriculture in sisal, tea, sugar cane, coffee and tobacco.

26.  Mr. Mboggo provided the audience with some of the findings of the study done by the inspectors, in particular the numerous and various activities undertaken by children working in each sector, and the specific hazards to which these children are exposed (see table 1). He also identified several limitations to the work of labour inspectors such as: (i) the law does not cover the informal sector, (ii) shortage of properly trained labour inspectors, (iii) lack of means of transport to facilitate inspection visits, (iv) lack of adequate legal and technical documentation, (v) lack of coordination with other actors like physicians, psychologists or social workers, (vi) cultural norms as rural populations tend to consider child labour as part of the socialization process.

27.  In the discussion, all the participants recognized the key role of labour inspection but unanimously denounced the extremely severe conditions of work of inspectors, especially regarding means of transportation in rural districts where working sites are scattered over vast areas. Some of the participants suggested that workers' organizations or committees formed by local communities or human rights NGOs, should be involved in the control of the conditions of work of children in plantations and eventually be entitled to report officially on the violations. It was also suggested that inspections of the schooling system in rural areas in general and in the plantations in particular should be improved.

28.  The IPEC National Coordinator in Tanzania, Mr. W. Mallya, presented an overview of IPEC activities since 1994 when the programme was launched in the country. He mentioned the signing of the Memorandum of Understanding between the Government of the United Republic of Tanzania and the ILO, as well as the setting up of the National Steering Committee on Child Labour, as basic initial steps in the launching of IPEC activities in any given country. Mr. Mallya cited the high degree of coordination between the IPEC implementing agencies in the United Republic of Tanzania, largely made possible by the facilitating and overseeing role of the Child Labour Unit in the Ministry for Labour and Youth Development.

29.  The National Programme Coordinator further mentioned the different areas of programme activities implemented by government institutions, trade unions, employers' associations as well as NGOs. These areas include the promotion of pre-school and primary education, the training of rural-media practitioners on child labour, community-based mobilization against child labour as well as the reintegration and rehabilitation of displaced children. He referred to the integration of child labour issues in the curriculum for social workers and labour administrators at the Social Welfare Institute in Dar es Salaam as one of the action programmes implemented successfully in 1994-95. This makes it now possible for the graduates of the institute, in their capacity as middle-level cadres in the public service and private sectors, to formulate and influence policy decisions on child labour in the country.

30.  Ms. M. Mbeo, IPEC National Programme Coordinator in Kenya, presented an overview of IPEC activities in her country. Kenya was one of the six countries participating in IPEC from the beginning in 1992. It is estimated that one-third of the 3 million working children in Kenya are employed in the most intolerable forms of child labour in the tourist industry, in plantations and mines, in the service sector especially as domestic workers and in the informal sector, in particular garbage collection. IPEC gives priority to these children. IPEC in Kenya works as a catalyst in promoting collaboration and coordination among all concerned institutions, governmental and non-governmental, including the local authorities.

31.  To date 19 action programmes have been implemented involving 18 different organizations coordinated by the National Steering Committee. Half of the action programmes are dealing mainly with institution building and half are providing direct support to children. All the action programmes in Kenya have an awareness-raising component including gathering of information. Some of the outputs have been useful tools for all the partners, like a bibliography on child labour, a directory of NGOs or a curriculum for skills training in the informal sector. Among the obstacles which have to be overcome soon are the lack of a national policy and the lack of reliable statistics at the national level. Presently one of the main concerns for all the partners is the sustainability of the activities launched with the initial support of IPEC.

32.  A video document on child labour in plantations in the United Republic of Tanzania produced within an IPEC action programme implemented by an NGO, the Tanzanian Media Women's Association (TAMWA), was viewed with great interest by the participants.

Hazardous forms of child labour

33.  Children working under hazardous conditions of work are a priority for IPEC. The ILO has decided to initiate the elaboration of a new Convention on the most intolerable forms of child labour. A round table discussion chaired by Dr. B. Alli, ILO-EAMAT, was organized among the participants to enable them to pay special attention to this issue.

34.  The participants were invited to establish a list of hazards faced by working children in commercial agriculture in their own country with special reference to the case-studies sent to them previously. A brief introduction to the information provided on hazardous work in some case-studies was presented by Mr. Bosch for South Africa (Working paper No. 3), Mr. Mfunguo for Malawi (Working paper No. 2) and Zimbabwe (Working paper No. 4), and references were made to the list provided by Mr. Mboggo from the study undertaken by the labour inspectors in the United Republic of Tanzania (see table 1). The participants requested to be provided with clear definitions of what is light work, hazardous work, hazardous conditions of work, etc.

35.  Bondage-like practices were mentioned in South Africa where in some farms children cannot live with their parents on the farms if they are not working with them, and in Zimbabwe where in some plantations the children are not allowed to go to school if they have not executed the tasks assigned to them in the fields. The participants agreed that special attention should be given to situations of this type in any country.

36.  The participants' main concern was the hazards stemming from the use of chemical products in plantations and farms, especially pesticides and herbicides. It was agreed that there was an urgent need to provide all partners with adequate and precise information on the main chemical formulations used in agriculture in Africa today, with guidelines for their handling especially when children are involved in the work. The question was raised whether land reform leading to many small farms would not result in a more difficult task of protecting children from hazardous chemical products. It was also mentioned that in large plantations pesticides are often sprayed by planes which represents an even more dangerous situation for the children, especially when they are employed as beacons to indicate from the ground to the planes the areas which need to be sprayed.

37.  The relationship between the time factor and the hazards was mentioned by several participants. What is usually considered light work could become hazardous work detrimental to the health of the child: working long hours in strenuous work situations, or without regular rest, or in monotonous work, or working in a hurry when the workers have been assigned tasks which cannot be completed during regular working hours. Light work can also become hazardous work depending on climatic variations. Forms of hazardous work need to be evaluated taking into account the time spent to reach the working site and to return home, and the tasks performed sometimes by the child before going to work like domestic tasks or school attendance.

38.  It was mentioned that working children, especially the youngest, are childish and novices, hence are not aware of the danger of a process, a product or a machine even when they have been informed about it. Children do not assess the risks on a permanent basis, they implement some tasks as a kind of game with their friends, etc. This calls for a permanent and adequate education on the risks at work, and a special supervision or monitoring by an adult worker when the situation could become dangerous.

Programme of action

39.  The main objective of the Workshop was to elaborate a programme of action specifically on child labour in commercial agriculture in Africa. Before moving into working groups the participants were invited to share their views and raise questions about the programme of action. As a guide to the discussion Mr. Egger, ILO-IPEC, provided the audience with a tentative synthesis of the many recommendations, ideas, initiatives and experiences which had been raised and reviewed in the course of the previous two days. He also introduced a draft of a programme of action elaborated on the basis of the recommendations presented in the various case-studies and during the Workshop. He stressed that the draft was merely a tool and that each group could reorganize or redraft it in its own way.

40.  The participants were divided into three working groups with an equal number of delegates from the governments, employers' and workers' organizations and other participants. Each group was requested to focus on a specific part of the programme of action namely: group 1 on labour legislation and enforcement, group 2 on working conditions and collective bargaining, group 3 on health, education and training, and information. Each group was invited to pay special attention to the situation of women workers.

41.  After two sessions of the working groups, rapporteurs of each group presented the outputs and a discussion followed. A synthesis of the reports was presented to the participants to become the programme of action. The document was discussed and with some amendments approved by the participants (see programme of action).

Closing ceremony

42.  In their joint statement read by Ms. Mugo, the Employers' delegates reaffirmed their commitment to collaboration with the other social partners in launching a progressive campaign against child labour. They called for concerted action in implementing and sustaining local, national and regional programmes for combating child labour.

43.  Mr. Pajobo J. Bruno made a closing statement on behalf of the Workers' delegates calling upon governments to ratify ILO Convention No. 138 as well as the UN Convention on the Rights of the Child. He emphasized that the campaign against child labour needed the collective effort of governments, employers and workers.

44.  The Workshop Chairman, Mr. Mboggo, lauded the teamwork spirit demonstrated by the participants throughout the Worksh