Child Labour in Uganda - Essay Example

Topic:  CHILD LABOUR IN UGANDA d Summary: The main objective of this paper is to highlight the problems faced by the children in Uganda such as their unlawful induction as Child labor which deprives them from quality education and basic rights of education and reasonable quality of life. This paper highlights the basic rights of Ugandan children and the causes which compel them to work leaving their studies behind. It has also been mentioned in this paper that majority of children work forcefully to earn a better living for their survival. The discussion also highlights the main causes such as poverty, unawareness and lack of resources that fuels the child labor in a country. However, different International Conventions and Ugandan government have taken severe steps to prevent the unlawful induction of children in any kind of work either hazardous or un-hazardous that may have its adverse affects on their physical, mental and academic progress. These Conventions have tried their level best to create awareness among the different communities present in Uganda that child labor is a crime and people should refrain sending their children for any sort of economical activity. However, it is expected that with the passage of time and by creating awareness in the minds of Ugandan people, the government and the international agencies will overcome the problem of Child labor in Uganda for their own prosperity and development of the society which is highly important for them. Introduction: ‘Child labor and poverty are inevitably bound together and if you continue to use the labor of children as the treatment for the social disease of poverty, you will have both poverty and child labor to the end of time.’- Grace Abbott Uganda is faced with severe poverty along with a low literacy rate. Poverty is the main cause of defragmenting the socioeconomic structure of any country. As a result, people in Uganda compel their children to earn and contribute with their families in order to sustain their living standards. Due to this reason, we can clearly observe a high percentage of children working under hazardous conditions to meet their basic needs (http://childvoice.jinja.eu/en/child-labor-in-uganda.). Child labor is an unlawful and immoral induction of young children which deprives them of better living conditions, right of education and the right of being known as the ‘most fragile humans’ in the world. Definition of a Child: Child can be defined as a human who falls between the ages of birth and youth. In legal terms a child is defined as a minor who is dependent on his caretakers for living and is incapable to earn for his living as compare to adults (UNICEF, 1998). In Uganda’s constitution, a child is defined as a minor who is below 18 years of age (http://childvoice.jinja.eu/en/child-labor-in-uganda). Working Child: Working children can be defined as a group comprise of children who are aged between 5-17 years and contribute in economic activities for different reasons such as in need to gain monetary benefits or to support their families. Working children do not fall under the group of children who are engaged in labor forcefully by the people. Child Labor: According to different definitions coined to describe the term ‘Child Labor’ ILO Convention No. 138 (1973) has described the child labor as induction of minors for employment purposes and according to ILO Convention No. 182 (1999) as the worst forms of child labor. Both of these ILO Conventions complements the 1989s UN Convention on the Rights of the Child. This document safeguards the rights of the children and opposes the forceful engagement of children as labors. It states that children should be protected and their rights should be safeguarded against any type of economic exploitation and they should be refrained from doing any work that is harmful for them and hinders their mental, physical or academic development. Hence, we can say that child labor is the engagement of minors against their will that violates the standards and rules set by Conventions. These Conventions recommends that children below the age of 18 years should be refrained from getting involved in any sort of economic activity that can be hazardous for their development and health or that is non-hazardous for the children above 18 years of age but can become hazardous for the minors. The Worse Forms of Child Labor: The worse forms of child labor include: 1- Sexual Exploitation 2- Child Trafficking 3- Child Soldiers 4- Child Slavery 5- Domestic Child Servants Child Labor in Uganda: Child labor as defined in the Ugandan National Child Labor Policy is the induction of children in any hazardous employment sphere that can threaten the health and safety of minors or that can leave adverse affects on the mental and physical development of a child. It also ensures that children should not be exposed to any environment that can abuse them either sexually, physically or emotionally (http://www.globalmarch.org/worstformsreport/world/uganda.html). However, as we know that not only at International level but also according to Ugandan laws, it is unlawful to engage minors (below the age of 18 years) in any economic activity that can have its adverse affects on their physical and mental development but due to poor enforcement policies, lack of interest and insufficient government resources. It has become impossible for the Ugandan government and for the society to take stern measures against the employment of minors in such unlawful spheres (FIDA, 1999). Why is it important to eliminate child labor? Child labor abandons children from getting their human rights. It prohibits the minor to acquire education, to relax and leisure and to remain free from all economic obligations or activities. These are the fundamental rights of every child anywhere in the world that are also highlighted in various international conferences including the Convention on the Rights of the Child (approved in Uganda in 1990), the International Convention on Economic, Social and Cultural Rights (approved in Uganda in 1987) and last but not the least, the African Charter on the Rights and Welfare of the Child. Child labor also hinders the learning and academic development of a child. It is one of the greater obstacles in a child’s education. However, the percentage of primary enrollment is increasing gradually in Uganda as compare to other sub-Saharan countries but on the other hand; the rate of completion in primary education is lower than the expected rate. In the year 2005, only 49 percent students managed to finish their primary schools (Gose, 2002). As a result, even though if the children are not adversely affected by their job environment, still they lack to secure greater employment opportunities in future due to lack of education and skills. Child labor is directly responsible for obstructing the long-term economic growth of Uganda. It is expected that child labor will not only damage the development of Ugandan’s human capital but it will also damage the entire socioeconomic structure of the country which would ultimately result in extreme poverty (Baland et al, 2000). Causes of Child Labor in Uganda: Poverty plays an important role and as a driving force which fuels increased child labor in the country. Not only in Uganda but in majority of developing and under-developing countries; poverty and lack of education are the key components in economic instability. Besides, poverty there are some other factors as well which contribute to the problem such as: Majority of Ugandan children have lost their parents; either both or any one of them due to Aids and other conflicts. Loss of parents at an early age is one of the major reasons that these children are faced to overcome their economic and social disruption. In such cases, when there is no one to feed and educate these orphan children and to assist them or help them financially; then, these children strive hard and work from a very early age to support themselves. Another reason is the presence of large family size when parents are unable to support and provide basic amenities of life to each child. Although Ugandan government claims to provide free primary education to all the children but still it is often hard for the families to cover the cost of attending schools, especially for those who are living below the poverty line. For many Ugandan communities ‘child labor’ is a normal engagement of minors. Majority of Ugandan families fail to understand the importance of providing education to their children which encourages the child labor in Ugandan society (http://childvoice.jinja.eu/en/child-labor-in-uganda). Preliminary Research Findings: 1- Analysis of the Labor Force: It has been found that the labor force is comprised of both the male and female children with 64 percent male workers and 36 percent female workers. This percentage of child labor gives the general description of labor force employed in specific sectors such as fishing industry, sugarcane cutting and mining. However, this percentage does not cover the number of children working in bars and restaurants or the large number of girls in commercial sex industry. It also has been found that the average age of a working child is 12 years for a male child and 11 years for female child (http://childvoice.jinja.eu/en/child-labor-in-uganda). Wages Offered: In Uganda, it has been estimated that 93 percent of children are paid in cash whereas; only 7 percent are being paid with any food staple such as fish. The average daily wage in Uganda is 1000 Shillings which is equal to $ 50 cents which is sufficient for an individual to buy a small meal every day. Approximately, it has been estimated that 25 percent of children earn $25 cents daily. Majority of children work 8 hours a day; however, around 25 percent children work more than 9 hours a day (http://childvoice.jinja.eu/en/child-labor-in-uganda). Why Children Work? According to the findings, children work for to fulfill different purposes mainly to meet their basic needs such as food and clothing. The collected data shows that: -68% of children earn to meet the basic needs of life such as food and clothing. -28% of children earn to meet their educational needs. These children are either temporarily out of schools or they work only on weekends to earn in order to pay their fees. Education is their primary motive. - 82% of children earn to contribute their earnings in home. They give half of their money either to their parents or to guardians; who head them. -58% of children earn because for their parents or the guardians, child labor is a normal engagement. (http://childvoice.jinja.eu/en/child-labor-in-uganda). Key Legislations against Child Labor: 1- Convention on the Rights of the Child: Article 27- Adequate Standard of Living: According to this Convention, children have the right to live their lives according to a standardized pattern that meet their physical and mental needs. This Convention also stresses the principle that governments should financially assist the families and the guardians of such children who cannot afford to provide better living standards to their children such as proper food, shelter and clothing. Article 28- Right to Education: According to this article, it is a legitimate right of every child to receive free primary education. Wealthier nations should aid poorer or less privileged countries to achieve this right. Discipline should be maintained in schools to restore the dignity and pride of every child. Schools should encourage violation-free studies. Young students should be encouraged to receive higher education and in this regard, governments should enforce policies in schools and on the administrators that motivate students to continue their studies. Article 32- Child Labor: Government should take stern actions against the recruitment of children in any kind of employment that may be hazardous to their mental, physical or academic development. The principles of Convention are aimed to protect and safeguard the rights of the children against any unlawful or forceful engagement in any economic activity. However, the principle has clearly stated that if children are to be focused on helping their families then it is the responsible of their families to make sure that they are working in a safe environment without violating their fundamental rights. African Charter on the Rights and Welfare of the Child: The African Charter on the Rights and Welfare of the Child was acquired by the Organization of African Unity in 1990. This charter is aimed to provide and safeguard the legal rights of children. Children in Africa are faced by different types of abuses such they are exploited physically, emotionally and sexually by the people. This charter has prohibited the groups on the induction of minors as child soldiers especially in countries facing conflicts or civil wars. This Charter has given a special place to a child in all the African countries and it has also ensured that children should be granted their legitimate rights without any discrimination. The Charter also prohibits that under no circumstances a child should be engaged in any sort of economical activity that could damage their mental and physical health. This Charter has emphasized a lot on granting the equal rights to the children of Africa, in particular. ILO Conventions: 1- ILO Convention No 138 on Minimum Age For Admission to Employment: This recommendation highlights the minimum age for the engagement of children to employment for the member states to ensure the effective implementation of the national policy against child labor. The recommendation stresses on extending the age of a child according to their physical and mental capabilities. The Convention has highlighted that the minimum age of a child to be recruited as a worker should be 14 years in the developing countries and 15 years for the developed countries. 2- ILO Convention No 182 (1999) on the Worst Forms of Child Labor: The Convention stresses the member states to eliminate the worst forms of child labor. It states that engaging children in worst forms of child labor will have its adverse affects on the mental, physical, emotional and moral developments. The Convention stresses that it is imperative for the member states to take stern actions against any form of worst child labor activity. The Constitution of the Republic of Uganda: The constitution of the Republic of Uganda (1995) aims to safeguard the rights of children and to eradicate child labor from the country. In Chapter 1, Article 34 (4) of the constitution, it has been clearly stated that preventive measures should be taken in order to safeguard the rights of children from any economical exploitation and the government would ensure that no child would be exposed to any sort of hazardous economic activity that may hinder their academic progress or that may cause direct damage to their mental, emotional, physical or spiritual capability. The Employment Decree (1975): The employment decree (1975) clearly prohibits the engagement of minors in any sort of economical activity especially those who are aged between 12 to 18 years. It strictly prohibits any child below 12 years of age to be working in any sort of employment setting. It also grants powers to labor inspectors to monitor and control the implemented policy against child labor. The Children’s Statute No. 16 (1996): The Children’s Statute (1996) emphasizes on the rights and well-being of a child. In Part 2 of Section 9, it clearly states that under no obligation a child should be forced to participate in any kind of work against any monetary benefit that may have its adverse affects on the mental and physical health of a minor. Furthermore, a Ugandan child should be given the following rights without any discrimination and violation: Children should be granted the right to live with their parents. Right to education should be granted It is a legitimate right of a child to be protected against any sort of violence. Children should be protected from any sort of discrimination. Children should be protected from any sort of social practices that may cause damage to their health. Children with disability should be facilitated with the basic healthcare services. Conclusion: Child labor is a serious threat for many developing and developed countries. Governments have taken strong actions against the employment of the minors. Uganda is one of the developing countries that are faced with the increasing percentage of child labor activities. Children under the age of 18 years of age are engaged in various employment activities and also, in the worst forms of child labor. Due to extreme poverty and unfavorable living conditions, these children are forced to work to meet their basic needs. Ugandan government along with other International agencies has taken strong actions against the people who force children to work for them. It is highly imperative for the Ugandan government to take strong practical actions against all such activities that can hinder the development and learning process of a child as well as government should introduce policies which should be aimed towards protecting the rights of minors and to support their families. Education should be made mandatory which would help the country to progress in future and it will also help in the elimination of poverty and unemployment. List of References: Global March. (2005). The worst forms child labor. Available: http://www.globalmarch.org/worstformsreport/world/uganda.html. Last accessed 28 April 2012. UNICEF. (1989). FACT SHEET: A summary of the rights under the Convention on the Rights of the Child. Available: http://www.unicef.org/crc/files/Rights_overview.pdf. Last accessed 28  Gose, M. (2002). The African Charter on the Rights and the Welfare of the Child- An Assessment of the Legal value of its substantive provisions by means of a direct comparison to the Convention on the Rights of the Children (CRC). Community Law Center, Belleville Child Voice Uganda (CBO). Child Labor in Uganda. Available: http://childvoice.jinja.eu/en/child-labor-in-uganda. Last accessed 28th April 2012. Baland, Jean-Marie and James A. Robinson (2000) Is child labor inefficient? Journal of Political Economy 108, 663–679 Government of Uganda (1997): The Children Statute 1996. Government of Uganda (1996): The Uganda Constitution 1995. The Uganda Printing and Publishing Corporation, Entebbe, Uganda. ILO Geneva 1996: International Labor Conventions and Recommendations, 1952-1976 ILO Geneva 1996: International Labor Conventions and Recommendations, 1977-1995 ILO Geneva 1999: The New Worst Forms of Child Labor Conventions UNICEF 1998: Implementation Handbook for the Convention on the Rights of the Child FIDA (UGANDA) 1999: Children in Domestic Services Read More