Government-funded programmes and services for vulnerable - Unicef
Government-funded programmes and services for vulnerable - Unicef Government-funded programmes and services for vulnerable - Unicef
Department of Labour in KwaZulu-Natal ‘had had to trade their right to education for the right to food for the family’ (Ewing 2003: 6). In addition to paid labour, domestic chores like fetching fuel and water and caring for siblings can be as harmful to a child’s education as paid labour. This is particularly problematic in poor households which do not have access to running water and electricity (DoL 2007). A study conducted by the TECL (Towards the Elimination of the Worst Forms of Child Labour) project sought to assess the impact of fetching water on children’s education. The study found, inter alia, that children in the rural areas that were studied spent on average 12.5 hours a week collecting water. This time was as high as 40 hours a week for some children. The impact on the children’s education was negative: children complained of being late at school, being unable to concentrate in class, having poor morale and needing to leave school as early as possible to collect water. The impact on educational outcomes appears to be significant: 85 per cent of the children involved in fetching water, compared to 15 per cent of those who were not, were not in the appropriate age group for their grade (DoL 2007: 49). The National Child Labour Programme of Action (NCLPA) recognises the negative impact of poverty and HIV/AIDS on child labour. It recognises that children affected by poverty and/or HIV/AIDS are often forced into taking on additional domestic responsibilities as well as (often exploitative) paid work. 89 The NCLPA seeks to address this problem by obligating the DoE to develop programmes for the identification of children with added domestic responsibilities and to take corrective action by reporting these children to the DoSD and linking them up with grants. Recent research revealed that at the level of the DoE, there was little knowledge of the obligations imposed on it by the NCLPA. In addition, there does not seem to be much evidence of building the capacity of teachers and implementing the obligations related to children and domestic responsibilities. In fact, there appears to be reluctance on the part of DoE officials to get involved in the domestic responsibility arena. Education officials appear to be of the opinion that they are ill equipped and not the ideal department to deal with the matter of additional domestic responsibilities for children (Giese & Koch 2008b). As a result, there is a growing policy and implementation gap in addressing the additional domestic responsibilities of vulnerable children. The definition of child labour in the NCLPA is wider than in the Basic Conditions of Employment Act. The NCLPA definition includes chores in the home or work for the family if these are excessive or unsuitable. The Act, however, appears to limit the definition of child labour to work for remuneration. The Act does not define child labour, or employment, but does define an employee as ‘any person who works for another person or for the state and who receives or is entitled to receive any remuneration’ (Chapter 1: definitions). The NCLPA obliges the DoE to address excessive domestic responsibilities; however, the Department does not appear to be fulfilling this responsibility. The DoL, on the other hand, is not authorised by the Act to address this form of child labour. The dilemma of enforcing child labour policies Because children in vulnerable households work to contribute to alleviating poverty in the home, the issue of child labour creates an implementation conundrum in that 89 National Child Labour Action Programme, 2008–2012 183
Government-funded programmes and services for vulnerable children in SA enforcement of child labour policies may expose vulnerable families to an even greater degree of vulnerability. By stopping the child labour, one may be cutting off one of the only sources of family income. This problem could potentially be addressed through the proper implementation of the holistic vision of the NCLPA, which envisages a referral system between the different departments. This would allow for termination of the labour and referral of the family to alternative sources of income, such as the CSG, or preferential participation in the expanded public works programmes (Nicolaou & Durieux 2005). This vision is not a reality, however. There is no such referral system in place between the different government departments in the context of child labour. Insufficient coordination among stakeholders The lack of an appropriate supportive referral system for children and families exposed to child labour is symptomatic of a fundamental policy gap. The NCLPA, as with many other overarching holistic policies designed to address vulnerability in South Africa, is a multidepartmental initiative that requires coordination of visions, policies and programmes so that child labour is mainstreamed into the poverty alleviation strategies of all relevant departments. This requires a significant degree of coordination between government departments and civil society. There is insufficient systemic coordination of these efforts, as can be seen from the disjunctures discussed above. Labour inspectors Jameson et al. (2010) observe that many of the protective measures that are introduced by the Basic Conditions of Employment Act to protect children from unlawful and harmful labour practices are rendered ineffective by the fact that only a very small percentage of labour inspectors dedicate time to monitoring child labour. Furthermore, most children are employed in sectors and geographical areas where labour enforcement does not regularly reach, such as on farms, in the seasonal hospitality industry and in domestic service (Jameson et al. 2010). Unemployment insurance benefits Certain social insurance benefits are payable to the contributor’s dependents in the event of the death of the member. Where the dependent is a minor, the benefits are meant to be received by the child’s legal guardian, who is held accountable for the management of funds and the maintenance of the child. Often accessing benefits is problematic for vulnerable children for a variety of reasons, including (De Villiers & Giese 2008): ● a tendency within the legal system not to appoint legal guardians in the case of children from families that are relatively poor and who leave behind small estates. This often leaves the management of any funds received to an unaccountable extended family member; ● the hidden costs of claiming benefits inhibit access to social insurance by children living in poverty. Often claimants have to travel on multiple occasions over a protracted period of time to try and interact with the employer, the fund or some third party to lodge a claim; ● many members and potential beneficiaries probably do not know about the benefits that are available to them, given the large sums of unclaimed money held by registered funds, and the funds themselves appear not to be inclined to investigate unclaimed monies and take steps that will increase claims against them; ● the abuse and incorrect use of funds by guardians or caregivers who receive the money on behalf of children; ● claims procedures are cumbersome and difficult to navigate. 184
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<strong>Government</strong>-<strong>funded</strong> <strong>programmes</strong> <strong>and</strong> <strong>services</strong> <strong>for</strong> <strong>vulnerable</strong> children in SA<br />
en<strong>for</strong>cement of child labour policies may expose <strong>vulnerable</strong> families to an even greater<br />
degree of vulnerability. By stopping the child labour, one may be cutting off one of the<br />
only sources of family income. This problem could potentially be addressed through the<br />
proper implementation of the holistic vision of the NCLPA, which envisages a referral<br />
system between the different departments. This would allow <strong>for</strong> termination of the labour<br />
<strong>and</strong> referral of the family to alternative sources of income, such as the CSG, or preferential<br />
participation in the exp<strong>and</strong>ed public works <strong>programmes</strong> (Nicolaou & Durieux 2005). This<br />
vision is not a reality, however. There is no such referral system in place between the<br />
different government departments in the context of child labour.<br />
Insufficient coordination among stakeholders<br />
The lack of an appropriate supportive referral system <strong>for</strong> children <strong>and</strong> families exposed to<br />
child labour is symptomatic of a fundamental policy gap. The NCLPA, as with many other<br />
overarching holistic policies designed to address vulnerability in South Africa, is a multidepartmental<br />
initiative that requires coordination of visions, policies <strong>and</strong> <strong>programmes</strong><br />
so that child labour is mainstreamed into the poverty alleviation strategies of all relevant<br />
departments. This requires a significant degree of coordination between government<br />
departments <strong>and</strong> civil society. There is insufficient systemic coordination of these ef<strong>for</strong>ts,<br />
as can be seen from the disjunctures discussed above.<br />
Labour inspectors<br />
Jameson et al. (2010) observe that many of the protective measures that are introduced by<br />
the Basic Conditions of Employment Act to protect children from unlawful <strong>and</strong> harmful<br />
labour practices are rendered ineffective by the fact that only a very small percentage of<br />
labour inspectors dedicate time to monitoring child labour. Furthermore, most children are<br />
employed in sectors <strong>and</strong> geographical areas where labour en<strong>for</strong>cement does not regularly<br />
reach, such as on farms, in the seasonal hospitality industry <strong>and</strong> in domestic service<br />
(Jameson et al. 2010).<br />
Unemployment insurance benefits<br />
Certain social insurance benefits are payable to the contributor’s dependents in the event<br />
of the death of the member. Where the dependent is a minor, the benefits are meant to<br />
be received by the child’s legal guardian, who is held accountable <strong>for</strong> the management<br />
of funds <strong>and</strong> the maintenance of the child. Often accessing benefits is problematic <strong>for</strong><br />
<strong>vulnerable</strong> children <strong>for</strong> a variety of reasons, including (De Villiers & Giese 2008):<br />
● a tendency within the legal system not to appoint legal guardians in the case of<br />
children from families that are relatively poor <strong>and</strong> who leave behind small estates.<br />
This often leaves the management of any funds received to an unaccountable<br />
extended family member;<br />
● the hidden costs of claiming benefits inhibit access to social insurance by children<br />
living in poverty. Often claimants have to travel on multiple occasions over a<br />
protracted period of time to try <strong>and</strong> interact with the employer, the fund or some<br />
third party to lodge a claim;<br />
● many members <strong>and</strong> potential beneficiaries probably do not know about the benefits<br />
that are available to them, given the large sums of unclaimed money held by<br />
registered funds, <strong>and</strong> the funds themselves appear not to be inclined to investigate<br />
unclaimed monies <strong>and</strong> take steps that will increase claims against them;<br />
● the abuse <strong>and</strong> incorrect use of funds by guardians or caregivers who receive the<br />
money on behalf of children;<br />
● claims procedures are cumbersome <strong>and</strong> difficult to navigate.<br />
184