Date: 29/07/2004
Source: Ministry of Labour
Title: M Mdladlana: Launch of Sectoral Determination for Children in Performing Arts
KEYNOTE ADDRESS BY MINISTER OF LABOUR, MR MMS MDLADLANA, AT THE LAUNCH OF THE SECTORAL DETERMINATION FOR CHILDREN INVOLVED IN ADVERTISING, CULTURAL AND ARTISTIC PERFORMANCES, 29 July 2004
Programme Director
Ladies and Gentlemen
It is a great pleasure for me to acknowledge the presence of our friend, Dr Ken Andoh from the ILO area office in Pretoria and other distinguished guests.
Children as human beings have the same value as adults. Childhood is valuable. Childhood is a gift that must be enjoyed. Unfortunately children are not respected, as they should be.
Children are vulnerable they need special support in order for them to enjoy their rights as children. Children need protection. All our decisions about children must be for the best interest of the child.
Children have a right to survive and to be allowed to develop and grow as children. They must not be killed, raped and abused. They must not be exposed to danger. Children must be allowed to develop mentally, emotionally, cognitively and culturally. That is why today we are here because we recognised that indeed children must be given the opportunity to develop physically, mentally, emotionally, cognitively and culturally.
The UN Convention on the Rights of the Child has banned exploitation of the child. Article 32 deals with economic exploitation and protection against 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".
As governments we are required to provide rules about minimum age of employment, rules for regulation of hours and conditions of employment. Therefore this sectoral determination must be seen in this context.
South Africa has ratified the International Labour Organisation's Convention 138, which sets a minimum age of 18 years and a minimum age of 15 years for economic work.
As government we are committed to defending the rights of children in the labour market; the Basic Conditions of Employment Act sets the legislative framework and the activities of my inspectors ensures enforcement.
My inspectors are not policemen or policewomen - they carry no guns and yet they are being targeted for abuse, intimidation and continuously exposed to danger. In all that they do their work with distinction.
Recently in Vryburg a farmer has been fined for violating the Law and engaging in child labour. This is a result of a blitz inspection. Currently, an investigation is being conducted into a Ventersdorp farmer, after a 13 year old was injured, allegedly while working in his fields.
Those who break the law are committing crime, those who commit crime are criminals, and criminals must face the wrath of the law.
This year the multi-sectoral policy aimed at protecting vulnerable children against exploitative labour practices, will go through the process of seeking approval from Cabinet.
We are committed to the eradication of Child Labour, because it is only the most unsavoury and least scrupulous of employers who benefit from such exploitative relationships, while the social costs are immeasurable.
But, there are exceptions and today we are celebrating one of those exceptions.
The ILO Minimum Age Convention allows for variations to be granted for those children who are involved in the performances of artistic activities. This is reflected in the Basic Conditions of Employment Act.
There are a number of reasons behind this variation - not least the difficulty in advertising nappies, only using workers above the age of 15.
But this variation does not mean that we as parents, activists, workers, employers and government can abrogate the responsibility to protect the most vulnerable in society from abuse, including commercial exploitation.
In fact, a key element of both the current and forthcoming programme of actions of my Department is the protection of vulnerable workers. In this instance, children who are involved in doing advertising, artistic and cultural activities can only be seen as vulnerable.
To find the starting point on the regulation of the employment of children involved in artistic performances is Convention 138.
Article 8 clearly states that certain conditions have to be adhered to in order for exemption to be granted.
A view shared by this government and the ILO is that any regulation on the subject should reaffirm the principle that work by children aged below the specified minimum age is exceptional, and that exceptions should be based at least on the following:
* the purposes for which the exceptions are authorised are prescribed in the law;
* the parent or guardian consent has been given;
* there is a designated authority to issue such permits, which may be either the labour inspectorate or a local or central government authority;
* the number of hours of work is strictly limited, and, where applicable, such hours should not overlap with those of school attendance;
* night work is forbidden;
* the applicant for such a permit provides evidence that the health, physical development, safety and morals of the child are duly protected.
It is the Sectoral Determination for Children in the Performing Arts or CIPA that, for the first time in South Africa's history, enables us to regulate conditions of employment for children in this sector.
This intervention is as a result of an investigation that was done within the parameters of the Basic Conditions of Employment Act and of course the ILO Convention 138. To add more value to the protection of children, South Africa was one of the first 10 countries to register its ratification of Convention 182 on the Elimination of the Worst Forms of Child Labour.
CIPA addresses all the provisions of Article 8. The Department can now assess applications for permits to engage children in work in this sector; if the application does not meet the requirements of the determination, it will be turned down or the applicant would be advised on what steps to take in order to achieve compliance.
We will also be able to track down on the frequency of those utilising these children, so that if exploitation is suspected, inspections can be conducted and appropriate action taken.
I then invite the stakeholders, parents, guardians, agents, child minders and any other person with an interest in this issue; adhere to all the provisions of the sectoral determination. Infringing on the rights of the child will not be tolerated whatsoever. We have taken this issue of children seriously and there is no turning back.
All children must have access to basic and free quality education and that curricula should be broad enough to encompass life skills and vocational training, which will ensure accelerated absorption into the labour market.
It is hence important that all children who are involved in the advertising, artistic and cultural activities are afforded an opportunity to get tuition lessons. They should not be disadvantaged in accessing educational facilities as a result of their activities in the performing arts.
Over and above the sectoral determination, we will be engaging social partners within NEDLAC to develop a Code of Good Practice. The purpose of the publication of Codes of Good Practice in terms of the BCEA is to give effect to the objective of the Act. In this respect issues such as the role of child minders, the status of dressing rooms and how education should be offered to the children would be addressed.
Ladies and Gentlemen -
I would like to thank the ILO for the valuable technical assistance it has given us throughout this process, and to conclude by encouraging all people to remember that in South Africa because of the premium we place on childhood, we subscribe to the theme that says: " CHILDREN FIRST". The rights of our children are of paramount importance because if we disregard that, it holds terrible implications for all our futures.
I thank you.
Issued by: Ministry of Labour
29 July 2004
Source: Department of Labour (http://www.labour.gov.za)
Source: Ministry of Labour
Title: M Mdladlana: Launch of Sectoral Determination for Children in Performing Arts
KEYNOTE ADDRESS BY MINISTER OF LABOUR, MR MMS MDLADLANA, AT THE LAUNCH OF THE SECTORAL DETERMINATION FOR CHILDREN INVOLVED IN ADVERTISING, CULTURAL AND ARTISTIC PERFORMANCES, 29 July 2004
Programme Director
Ladies and Gentlemen
It is a great pleasure for me to acknowledge the presence of our friend, Dr Ken Andoh from the ILO area office in Pretoria and other distinguished guests.
Children as human beings have the same value as adults. Childhood is valuable. Childhood is a gift that must be enjoyed. Unfortunately children are not respected, as they should be.
Children are vulnerable they need special support in order for them to enjoy their rights as children. Children need protection. All our decisions about children must be for the best interest of the child.
Children have a right to survive and to be allowed to develop and grow as children. They must not be killed, raped and abused. They must not be exposed to danger. Children must be allowed to develop mentally, emotionally, cognitively and culturally. That is why today we are here because we recognised that indeed children must be given the opportunity to develop physically, mentally, emotionally, cognitively and culturally.
The UN Convention on the Rights of the Child has banned exploitation of the child. Article 32 deals with economic exploitation and protection against 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".
As governments we are required to provide rules about minimum age of employment, rules for regulation of hours and conditions of employment. Therefore this sectoral determination must be seen in this context.
South Africa has ratified the International Labour Organisation's Convention 138, which sets a minimum age of 18 years and a minimum age of 15 years for economic work.
As government we are committed to defending the rights of children in the labour market; the Basic Conditions of Employment Act sets the legislative framework and the activities of my inspectors ensures enforcement.
My inspectors are not policemen or policewomen - they carry no guns and yet they are being targeted for abuse, intimidation and continuously exposed to danger. In all that they do their work with distinction.
Recently in Vryburg a farmer has been fined for violating the Law and engaging in child labour. This is a result of a blitz inspection. Currently, an investigation is being conducted into a Ventersdorp farmer, after a 13 year old was injured, allegedly while working in his fields.
Those who break the law are committing crime, those who commit crime are criminals, and criminals must face the wrath of the law.
This year the multi-sectoral policy aimed at protecting vulnerable children against exploitative labour practices, will go through the process of seeking approval from Cabinet.
We are committed to the eradication of Child Labour, because it is only the most unsavoury and least scrupulous of employers who benefit from such exploitative relationships, while the social costs are immeasurable.
But, there are exceptions and today we are celebrating one of those exceptions.
The ILO Minimum Age Convention allows for variations to be granted for those children who are involved in the performances of artistic activities. This is reflected in the Basic Conditions of Employment Act.
There are a number of reasons behind this variation - not least the difficulty in advertising nappies, only using workers above the age of 15.
But this variation does not mean that we as parents, activists, workers, employers and government can abrogate the responsibility to protect the most vulnerable in society from abuse, including commercial exploitation.
In fact, a key element of both the current and forthcoming programme of actions of my Department is the protection of vulnerable workers. In this instance, children who are involved in doing advertising, artistic and cultural activities can only be seen as vulnerable.
To find the starting point on the regulation of the employment of children involved in artistic performances is Convention 138.
Article 8 clearly states that certain conditions have to be adhered to in order for exemption to be granted.
A view shared by this government and the ILO is that any regulation on the subject should reaffirm the principle that work by children aged below the specified minimum age is exceptional, and that exceptions should be based at least on the following:
* the purposes for which the exceptions are authorised are prescribed in the law;
* the parent or guardian consent has been given;
* there is a designated authority to issue such permits, which may be either the labour inspectorate or a local or central government authority;
* the number of hours of work is strictly limited, and, where applicable, such hours should not overlap with those of school attendance;
* night work is forbidden;
* the applicant for such a permit provides evidence that the health, physical development, safety and morals of the child are duly protected.
It is the Sectoral Determination for Children in the Performing Arts or CIPA that, for the first time in South Africa's history, enables us to regulate conditions of employment for children in this sector.
This intervention is as a result of an investigation that was done within the parameters of the Basic Conditions of Employment Act and of course the ILO Convention 138. To add more value to the protection of children, South Africa was one of the first 10 countries to register its ratification of Convention 182 on the Elimination of the Worst Forms of Child Labour.
CIPA addresses all the provisions of Article 8. The Department can now assess applications for permits to engage children in work in this sector; if the application does not meet the requirements of the determination, it will be turned down or the applicant would be advised on what steps to take in order to achieve compliance.
We will also be able to track down on the frequency of those utilising these children, so that if exploitation is suspected, inspections can be conducted and appropriate action taken.
I then invite the stakeholders, parents, guardians, agents, child minders and any other person with an interest in this issue; adhere to all the provisions of the sectoral determination. Infringing on the rights of the child will not be tolerated whatsoever. We have taken this issue of children seriously and there is no turning back.
All children must have access to basic and free quality education and that curricula should be broad enough to encompass life skills and vocational training, which will ensure accelerated absorption into the labour market.
It is hence important that all children who are involved in the advertising, artistic and cultural activities are afforded an opportunity to get tuition lessons. They should not be disadvantaged in accessing educational facilities as a result of their activities in the performing arts.
Over and above the sectoral determination, we will be engaging social partners within NEDLAC to develop a Code of Good Practice. The purpose of the publication of Codes of Good Practice in terms of the BCEA is to give effect to the objective of the Act. In this respect issues such as the role of child minders, the status of dressing rooms and how education should be offered to the children would be addressed.
Ladies and Gentlemen -
I would like to thank the ILO for the valuable technical assistance it has given us throughout this process, and to conclude by encouraging all people to remember that in South Africa because of the premium we place on childhood, we subscribe to the theme that says: " CHILDREN FIRST". The rights of our children are of paramount importance because if we disregard that, it holds terrible implications for all our futures.
I thank you.
Issued by: Ministry of Labour
29 July 2004
Source: Department of Labour (http://www.labour.gov.za)
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