Children - Terre des Hommes

Children - Terre des Hommes Children - Terre des Hommes

23.10.2014 Views

41 children are working in mines in Karnataka as reported in He further reiterated that the use of child labour working in mines is prohibited under the Child Labour (Prohibition identified as a hazardous occupation and any employer penal action which includes imprisonment. He said that instructions to enforce strictly the Child Labour (Prohibition & Regulation) Act in the entire country for all hazardous occupations including working in mines for children has been conveyed to all the state governments including the Government of Karnataka and that the government is very serious in effective enforcement of the Act and in the implementation of the National Child Labour Projects in the country. “Mining is a very widespread activity in the country and it takes place both in the organised sector and in the unorganised sector. There is no evidence to indicate that the school drop out rates amongst children working in mines is higher than the general drop out rates in the other areas in the country” he added. 153 The National Child Labour Project (NCLP) is the oldest scheme of the government to address child labour and was occupations in the child labour endemic districts. The scheme involves establishing Special Schools for rescued child labourers and provides children with a stipend of Ajit (name changed) hails from Dom Koral village of Tikiri. He is 17 years old. As his father died five years ago, he was forced to take on the entire burden of the family and become the sole breadwinner. He works as a manual labourer under different contractors in mining activities and earns around Rs.60 a day. He stated that the mining work is erratic due to the community protests and strikes, and hence his earnings are irregular. “I do odd jobs at the mine site as there is construction work going on. Work is very tough and therefore, I have gradually become addicted to liquor and gutka - I can’t help it”. Rs.100 a month, as well as nutrition, vocational training and regular health check ups. The coverage of the NCLP scheme increased to 250 districts during the Tenth Plan, and now includes a number of areas where there is widespread mining, such as districts in Chhattisgarh, Orissa and Rajasthan. The NCLP scheme has been heavily criticised for its failure to reach the number of children necessary. Of the 150 districts sanctioned under the Tenth Plan, projects have still only scheme has now been officially increased to a total of 250 districts, this still only covers half the country. Whilst we know that there are huge numbers of children across the country still engaged in hazardous forms of labour, as of through the NCLP scheme. 155 It was a shocking discovery during the field visits that there are hardly any NCLP schools operating in the areas where mining affected children live. In most places, it is the local NGOs who are providing these facilities either in the case of Pashan Shalas in Pune district of Maharashtra or in the form of Tent schools run in Bellary and Sandur districts in Karnataka. In addition to the national laws on child labour in the mining sector, there are several international conventions which relate to this form of labour. The guiding international framework for child rights is the Convention on the Rights of the Convention states: “States Parties recognise 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.” In spite of this agreement, children continue to be employed in hazardous work in mines and quarries across the country. India has also ratified the ILO Convention C123 Minimum mines. 153. Lok Sabha Starred Question No. 208. Answered on 8.08.2005 154. HAQ: Centre for Child Rights, Still Out of Focus: Status of India’s Children, 2008. 155. Information accessed on Indiastat.com; Compiled from the statistics released by Rajya Sabha Unstarred Question No. 3759, dated on 09.05.2007. and Lok Sabha Unstarred Question No. 994, dated on 20.08.2007 and Lok Sabha Unstarred Question No. 2415, dated on 03.12.2007. 156. Convention on the Rights of the Child, Article 32.

42 Efforts to address child labour in mining Although some efforts have been made by NGOs and the ILO to address the problem of child labour in the mining sector across the world, this continues to be a neglected area — perhaps due to the lack of quantitative data on the scale of the problem. The ILO’s International Programme on the Elimination of Child Labour (IPEC) has adopted mining and quarrying as one of its global areas of focus, due to the dangerous nature of the work. Pilot projects undertaken by ILO-IPEC in Mongolia, Tanzania, Niger and the Andean countries of South America have shown that the best way to assist child miners is to work with the children’s own communities. The IPEC programme explains how mining and quarrying communities have been helped to organise co-operatives and to improve their productivity by acquiring machinery, thus eliminating or reducing the need for child labour. However, the ILO recognises that while projects on the ground can assist child miners in a practical way, only worldwide awareness of the problem can mobilise the international effort that is needed to end the practice for good. 158 In India, the ILO–IPEC programme initiated a project in Andhra Pradesh to eliminate child labour in the state, and a component of this was focused on reducing the number of children working in slate mines and factories in the state. The National Child Labour Programme (NCLP) is the flagship programme of the government to eliminate child labour in hazardous situations. In the case of mining children there are two problems related to this: 1) Since not all mining occupations are listed as hazardous, all child labour in mines is not covered by this programme. 2) where they exist, they do not tend to function effectively. As is now the practice, most government programmes are run by NGOs. In this case they are run by NGOs with very small funds and so they are run badly and with little motivation. Since there is little or no proactive motivation from government labour departments to identify areas that have child labour, it all depends on the motivation of the local NGO, if there is any. Increased vulnerability to violence and abuse The majority of mining areas are not safe environments for a child to grow up in. There are many social problems associated with mining operations. Numerous reports across the world have documented how mining activity is often accompanied by the widespread availability and consumption of alcohol, an increase in gambling and the introduction or increase in prostitution. Violence, alcoholinduced and domestic, may increase. Very difficult working and living conditions, and the uncertainties of life, can encourage excessive alcohol consumption habits amongst quarry workers. Alcoholism is prevalent, particularly in male mineworkers, and in some cases leads to domestic violence and the ill-treatment of children. Amongst the population displaced for the Urimari coal mining project in Jharkhand, alcoholism has risen. One woman explained that alcoholism has increased since the mining started and that 80 per cent of the family income is now spent on alcohol. Mining sites are rough places to live and work. Some children become engaged in prostitution and they are also confronted by problems related to alcohol and drug abuse, and violence. The ILO highlights how the mining environment often becomes a degrading social environment, with increasing levels of prostitution and criminality, as well as an erosion of family and social structures. Alcoholism amongst male workers has been identified as a major issue in Rajasthan. In Budhpura, Bundi district, illicit alcohol is supplied to labourers at a subsidised rate, which promotes alcoholism. In Jodhpur district, Rajasthan, women mineworkers explained that alcoholism is rampant among men and some women. Men, women and children are all addicted to chewing gutka (a chewable form of tobacco). The reasons they give for this is to ease the physical tiredness and pain experienced after a hard day’s work. Consumption of alcohol, tobacco and drugs by child mineworkers is a 157. ILO, Digging for Survival: The Child Miners, 2005. 158. Ibid. 159. ILO, http://www.ilo.org/public/english/region/asro/newdelhi/ipec/responses/india/p2.htm, uploaded: 24 August 2009. 160. Mining, Minerals and Sustainable Development Project, Breaking new ground: mining, minerals and sustainable development, 2002. 161. K. Lahiri-Dutt, Digging to Survive: Women’s Livelihoods in South Asia’s Small Mines and Quarries, South Asian Survey 15:2, 2008, p. 217 – 244. 162. Interviews carried out in mining-affected communities in Urimari coal mining area, Jharkhand, September 2009. 163. ILO, Eliminating Child Labour in Mining and Quarrying, 12 June 2005, p. 11. 164. Ibid, p. 16. 165. P. Madhavan and Dr Sanjay Raj, Budhpura ‘Ground Zero’ Sandstone quarrying in India, December 2005. 166. Interviews carried out with women mineworkers, Jodhpur district, Rajasthan, October 2009.

41<br />

children are working in mines in Karnataka as reported in<br />

<br />

He further reiterated that the use of child labour working<br />

in mines is prohibited under the Child Labour (Prohibition<br />

<br />

identified as a hazardous occupation and any employer<br />

<br />

penal action which inclu<strong>des</strong> imprisonment.<br />

He said that instructions to enforce strictly the Child<br />

Labour (Prohibition & Regulation) Act in the entire<br />

country for all hazardous occupations including working<br />

in mines for children has been conveyed to all the state<br />

governments including the Government of Karnataka and<br />

that the government is very serious in effective enforcement<br />

of the Act and in the implementation of the National Child<br />

Labour Projects in the country. “Mining is a very wi<strong>des</strong>pread<br />

activity in the country and it takes place both in the organised<br />

sector and in the unorganised sector. There is no evidence<br />

to indicate that the school drop out rates amongst children<br />

working in mines is higher than the general drop out rates in<br />

the other areas in the country” he added. 153<br />

The National Child Labour Project (NCLP) is the ol<strong>des</strong>t<br />

scheme of the government to address child labour and was<br />

<br />

occupations in the child labour endemic districts. The<br />

scheme involves establishing Special Schools for rescued<br />

child labourers and provi<strong>des</strong> children with a stipend of<br />

Ajit (name changed) hails from Dom Koral village of Tikiri.<br />

He is 17 years old. As his father died five years ago, he<br />

was forced to take on the entire burden of the family<br />

and become the sole breadwinner. He works as a manual<br />

labourer under different contractors in mining activities<br />

and earns around Rs.60 a day. He stated that the mining<br />

work is erratic due to the community protests and strikes,<br />

and hence his earnings are irregular. “I do odd jobs at the<br />

mine site as there is construction work going on. Work<br />

is very tough and therefore, I have gradually become<br />

addicted to liquor and gutka - I can’t help it”.<br />

<br />

Rs.100 a month, as well as nutrition, vocational training and<br />

regular health check ups. The coverage of the NCLP scheme<br />

increased to 250 districts during the Tenth Plan, and now<br />

inclu<strong>des</strong> a number of areas where there is wi<strong>des</strong>pread mining,<br />

such as districts in Chhattisgarh, Orissa and Rajasthan. The<br />

NCLP scheme has been heavily criticised for its failure to<br />

reach the number of children necessary. Of the 150 districts<br />

sanctioned under the Tenth Plan, projects have still only<br />

<br />

scheme has now been officially increased to a total of 250<br />

districts, this still only covers half the country. Whilst we<br />

know that there are huge numbers of children across the<br />

country still engaged in hazardous forms of labour, as of<br />

<br />

through the NCLP scheme. 155<br />

It was a shocking discovery during the field visits that there<br />

are hardly any NCLP schools operating in the areas where<br />

mining affected children live. In most places, it is the local<br />

NGOs who are providing these facilities either in the case<br />

of Pashan Shalas in Pune district of Maharashtra or in the<br />

form of Tent schools run in Bellary and Sandur districts in<br />

Karnataka.<br />

In addition to the national laws on child labour in the<br />

mining sector, there are several international conventions<br />

which relate to this form of labour. The guiding international<br />

framework for child rights is the Convention on the Rights<br />

<br />

of the Convention states:<br />

“States Parties recognise the right of the child to<br />

be protected from economic exploitation and from<br />

performing any work that is likely to be hazardous<br />

or to interfere with the child’s education, or to be<br />

harmful to the child’s health or physical, mental,<br />

spiritual, moral or social development.” <br />

In spite of this agreement, children continue to be employed<br />

in hazardous work in mines and quarries across the country.<br />

India has also ratified the ILO Convention C123 Minimum<br />

<br />

<br />

mines.<br />

153. Lok Sabha Starred Question No. 208. Answered on 8.08.2005<br />

154. HAQ: Centre for Child Rights, Still Out of Focus: Status of India’s <strong>Children</strong>, 2008.<br />

155. Information accessed on Indiastat.com; Compiled from the statistics released by Rajya Sabha Unstarred Question No. 3759, dated on 09.05.2007. and Lok<br />

Sabha Unstarred Question No. 994, dated on 20.08.2007 and Lok Sabha Unstarred Question No. 2415, dated on 03.12.2007.<br />

156. Convention on the Rights of the Child, Article 32.

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