Children - Terre des Hommes

Children - Terre des Hommes Children - Terre des Hommes

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39 Bearing in mind that many of the workers in the mining sector are migrant labourers, women also commonly migrate with their families and therefore provide a family unit of labour, which includes children. The lack of child-care and schools in mining areas is another factor which explains the presence of high numbers of children at mines and quarries across in India. Women as new migrants move into small mines of quarries with little or no support for looking after children, so they are forced to take their children with them to the workplace. The continued abuse of bonded labour in the mining sector also pushes children into the mines. In Rajasthan, the high incidence of injuries and illnesses amongst mineworkers, and the lack of any health care or insurance, means that adult workers frequently get into debt, as they have to borrow from the contractors during difficult times. They are then forced to provide free labour whilst they pay off these debts. This form of bondage often becomes inter-generational, with children working to pay off the debts of their parents when they are unable to do so. Child labour perpetuates the cycle of poverty within families. Forcing children to work below a subsistence wage, in the unsustainable work that small-scale mining and quarrying provides, greatly reduces the chance that these children will ever be able to pull themselves out of the poverty into which they were born. The risks are even Shristhi (name changed) is 16 years old and works in a mine site. Her father, who was a mineworker, died of an illness nearly 5 years back. She has one older sister (married), a younger sister who is at home, three brothers at school and one brother older than her who also works as a mine worker. Her mother too works in the mines. Shristhi earns about Rs. 100/- a day working from 9.00 am to 5.00 pm. She said that she had been working for nearly 4 years now as they needed the money to run the house. Around two to three days in a month she does not go to work as she rests at home. She suffers from leg and backache. Shristhi has never been to school. greater for girls, as these sub-standard wages often force young girls into much more severe forms of exploitation, such as prostitution. Again and again, research shows that where children are given viable options, they wish to attend school – and parents equally want their children educated to give them the opportunity of a better future. Mining is not viewed as a “desirable” form of livelihood and children working in mines are there as a last resort in terms of survival. As well as working in the mines and quarries, there is a high incidence of other forms of child labour in the mining areas across India — in all likelihood, due to low wages and high rates of illness amongst adult mine workers. Field observations in Jodhpur district, Rajasthan confirmed that although some children are employed in paid work — in mines, agriculture or restaurants — a far greater number are involved in adult-releasing tasks or supplement adult labour. Such activities include herding goats, fetching water and firewood, looking after younger siblings and other domestic tasks. An accurate analysis of child labour in the mining areas also needs to take these kinds of activities into account, as these children are still missing out on their right to education and the opportunity to attend school. Working conditions The ILO classifies mining as one of the “worst forms of labour” because of the extent and severity of the hazards, and the risks of death, injury and disease. Children work long hours without any form of protective equipment, clothing or training. They are exposed to extreme temperatures with no protection from the sun. As well as lung diseases caused by inhaling dusts and gases, child miners often suffer physical strain, fatigue and muscular-skeletal disorders due to the heavy work involved. As their bodies are still growing and developing, they face greater dangers and risk of damage than adult labour in this sector. Many of the injuries and health problems may result in permanent disability — and these health problems may not become apparent until the child worker is an adult. 150 145. K. Lahiri-Dutt, Digging to Survive: Women's Livelihoods in South Asia's Small Mines and Quarries, 2008. 146. Gravis, Tales of Woe: A Report on Child Labour in the Mines of Jodhpur and Makrana, March 2004, p. 16. 147. Ibid; and field interviews in mining-affected communities across India, 2009. 148. MLPC, Broken Hard, http://www.indianet.nl/steengroeven/factsheet/Brokenhard.pdf, uploaded: 11 February 2010. 149. ILO, Eliminating Child Labour in Mining and Quarrying, 2005. 150. Ibid.

40 Working conditions in the informal mining sector across the world are notoriously poor, and the situation in India is no different. The unorganised sector remains outside the purview of legal protection in terms of labour conditions, so the majority of the labourers work in dangerous, unregulated conditions. Pay varies across the sector and across states, but is always low and generally lower than the minimum wage of that state. In addition to this, the casual nature of the work means that there are no employment benefits such as sick pay, paid holidays or health insurance, so workers often end up in debt during difficult times, such as periods of ill health. Conditions in small-scale mines and quarries are almost always extremely primitive. Mining contractors provide nothing to make the workers lives more bearable. None of the sites visited in the course of the study had toilets or drinking water. The lack of sanitation is particularly challenging for women and girls. No shade or shelter is provided at the sites, meaning that children are forced to work in long hours with no protection at all from the sun. Despite the prevalence of accidents, we are yet to come across a mine where the contractors provide anything in the wear of protection, such as helmets or face-masks, to workers and the lack of first aid facilities at the site means that in the event of an accident or illness, workers are often forced to travel long distances to the nearest healthcare centre. Legal framework for Child Labour There is no blanket ban against child labour in India. prohibits the engagement of children in certain employments and regulates the conditions for work for children in certain other employments. The list of hazardous forms of employment has been added to on several occasions since only forms of mining included on the original list. Article in any factory or mine or engaged in any other hazardous came into effect, thousands of children across India continue to work in mines and quarries. The government’s response to the situation has previously been to argue that as it is illegal, child labour in the mining sector is not a problem. And they continue to live in denial. This is evident from the answers to the parliament raised on questions related to child labour in mining. This happened when a question was raised in 2003, 151 and has been the same later too. In 2005 the Minister of Labour and Employment was asked the Governments reaction to International Labour Organisation (ILO) observation presently toiling in mines and quarries all over the world; if so, what is the reaction of the Government in this regard; whether the Government had ascertained the exact number quarries in the country; if so, the details thereof; and the efforts being made to remedy the situation? The Minister, Sri Chandra Shekhar Rao replied that there is no reference to India in the said report. He added that mining occupations have already been prohibited as hazardous occupation under the Child Labour (Prohibition & Regulation) Act, 1986. What is more he replied that occupation-wise data of child labour in the country is not maintained. (This is surprising since the He added that the Government is implementing the National Child Labour Project Scheme for the withdrawal and rehabilitation of children working in hazardous occupations and processes. The Scheme involves enrolling the working children in special schools and providing them education, vocational training, nutrition, health care, stipend, etc. and finally, mainstreaming them into regular schools. 152 In the very same year, based on the fact finding in the iron ore mines of Hospet and Bellary, that was a precursor to the current effort, the Minister for Labour was once again asked about whether several lakh children are still working in the mines throughout the country and a large number of them starting from the age of five, working in the most hazardous conditions and leading a horrible existence as (reported in the Hindu the school dropout rate is high in mining regions of the country; and whether there is a demand to conduct an enquiry in all the mines in the country and to come up with a comprehensive report on child labour. The honourable Minister replied saying that it is not true that several lakh 151. Fact-finding Team, Our Mining Children, April 2005. http://rimmrights.org/Documents/2005-India-Bellary%20fact%20finding%20report.pdf, uploaded: 10 February 2010. 152. Lok Sabha starred question No.19 answered on 25.07.2005

39<br />

Bearing in mind that many of the workers in the mining<br />

sector are migrant labourers, women also commonly migrate<br />

with their families and therefore provide a family unit of<br />

labour, which inclu<strong>des</strong> children. The lack of child-care and<br />

schools in mining areas is another factor which explains the<br />

presence of high numbers of children at mines and quarries<br />

across in India. Women as new migrants move into small<br />

mines of quarries with little or no support for looking after<br />

children, so they are forced to take their children with them<br />

to the workplace.<br />

The continued abuse of bonded labour in the mining sector<br />

also pushes children into the mines. In Rajasthan, the high<br />

incidence of injuries and illnesses amongst mineworkers, and<br />

the lack of any health care or insurance, means that adult<br />

workers frequently get into debt, as they have to borrow<br />

from the contractors during difficult times. They are then<br />

forced to provide free labour whilst they pay off these debts.<br />

This form of bondage often becomes inter-generational,<br />

with children working to pay off the debts of their parents<br />

when they are unable to do so.<br />

Child labour perpetuates the cycle of poverty within<br />

families. Forcing children to work below a subsistence<br />

wage, in the unsustainable work that small-scale mining<br />

and quarrying provi<strong>des</strong>, greatly reduces the chance that<br />

these children will ever be able to pull themselves out of<br />

the poverty into which they were born. The risks are even<br />

Shristhi (name changed) is 16 years old and works in<br />

a mine site. Her father, who was a mineworker, died of<br />

an illness nearly 5 years back. She has one older sister<br />

(married), a younger sister who is at home, three brothers<br />

at school and one brother older than her who also works<br />

as a mine worker. Her mother too works in the mines.<br />

Shristhi earns about Rs. 100/- a day working from 9.00<br />

am to 5.00 pm. She said that she had been working for<br />

nearly 4 years now as they needed the money to run the<br />

house. Around two to three days in a month she does not<br />

go to work as she rests at home. She suffers from leg and<br />

backache. Shristhi has never been to school.<br />

<br />

greater for girls, as these sub-standard wages often force<br />

young girls into much more severe forms of exploitation,<br />

such as prostitution. <br />

Again and again, research shows that where children are<br />

given viable options, they wish to attend school – and<br />

parents equally want their children educated to give them<br />

the opportunity of a better future. Mining is not viewed<br />

as a “<strong>des</strong>irable” form of livelihood and children working in<br />

mines are there as a last resort in terms of survival.<br />

As well as working in the mines and quarries, there is a<br />

high incidence of other forms of child labour in the mining<br />

areas across India — in all likelihood, due to low wages<br />

and high rates of illness amongst adult mine workers. Field<br />

observations in Jodhpur district, Rajasthan confirmed that<br />

although some children are employed in paid work — in<br />

mines, agriculture or restaurants — a far greater number<br />

are involved in adult-releasing tasks or supplement adult<br />

labour. Such activities include herding goats, fetching<br />

water and firewood, looking after younger siblings and other<br />

domestic tasks.<br />

An accurate analysis of child labour in the mining areas also<br />

needs to take these kinds of activities into account, as these<br />

children are still missing out on their right to education and<br />

the opportunity to attend school.<br />

Working conditions<br />

The ILO classifies mining as one of the “worst forms of<br />

labour” because of the extent and severity of the hazards, and<br />

the risks of death, injury and disease. <strong>Children</strong> work long<br />

hours without any form of protective equipment, clothing or<br />

training. They are exposed to extreme temperatures with no<br />

protection from the sun. As well as lung diseases caused by<br />

inhaling dusts and gases, child miners often suffer physical<br />

strain, fatigue and muscular-skeletal disorders due to the<br />

heavy work involved. As their bodies are still growing and<br />

developing, they face greater dangers and risk of damage<br />

than adult labour in this sector. Many of the injuries and<br />

health problems may result in permanent disability — and<br />

these health problems may not become apparent until the<br />

child worker is an adult. 150<br />

145. K. Lahiri-Dutt, Digging to Survive: Women's Livelihoods in South Asia's Small Mines and Quarries, 2008.<br />

146. Gravis, Tales of Woe: A Report on Child Labour in the Mines of Jodhpur and Makrana, March 2004, p. 16.<br />

147. Ibid; and field interviews in mining-affected communities across India, 2009.<br />

148. MLPC, Broken Hard, http://www.indianet.nl/steengroeven/factsheet/Brokenhard.pdf, uploaded: 11 February 2010.<br />

149. ILO, Eliminating Child Labour in Mining and Quarrying, 2005.<br />

150. Ibid.

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