Abstract
Children are the future of a nation and the hope for a better tomorrow. For a country to develop, the rights of a child should be of paramount concern to the government of the nation. These rights include, but are not limited to, the right to adequate standard of living, health care, education, play and recreation, protection from abuse, negligence and exploitation. Unfortunately, many children are denied these rights and the joy of childhood by being involved in child labour as a means to survive. In Nigeria, child labourers engage in all forms of labour and this is becoming widespread. The major causes of increasing incidence of child labour in Nigeria are the prevailing unemployment rate in the country, poverty, illiteracy, household size, culture and family structure. Several writers have written on the increasing incidence of child labour and the prohibition of child labour. Some writers have also written on the underlying major causes and health consequences of child labour in Nigeria. Although it may be impossible to totally eradicate child labour in Nigeria however, ultimate consideration to strategies and mechanisms on how to eradicate the worst forms of child labour in Nigeria is yet to be analysed. This is pertinent bearing in mind that Nigeria has ratified the ILO Convention on Worst Forms of Child Labour. This dissertation aims to address some of these issues by focusing on why children work as child labourers and the consequences and effects of child labour on the growth and development of the child. It will also analyse the efforts made by the International Labour Organisation and International Programs for the Elimination of Child Labour in eradicating the worst forms of child labour in Nigeria. Furthermore, this dissertation will attempt to determine what accounts for gaps in effective implementation of international laws on child labour ratified by Nigeria and national legislation enacted to prohibits the worst forms of child labour. Finally, it will suggest possible state and policy interventions, in the form of strategies and mechanisms, that could eradicate the worst forms of child labour in Nigeria.
CHAPTER ONE:
Introduction
1.1 Background
Presently, child labour has become a global epidermic whose background is deeply rooted in the socio-economic structure of the society.1 Although generally regarded as prevalent, accurate statistics on the number of children involved in child labour is extremely scarce.2 Lack of accurate statistics on the number of child labourers across the world is a major drawback on the prospects of implementing policies and laws to address child labour in its global ramifications.3 However, according to the International Labour Organisation (ILO), there are approximately 168 million children between the ages of five and 17 working around the world.4 About 85.3 million of the working children are engaged in the worst forms of child labour (hazardous work), working full time to help support their underprivileged families.5
In addition, about 50 per cent of children between the ages of five to 14 in developing countries work, while a good percentage among them work as domestic workers.6 This is particularly exploitative because it poses a threat on the health and development of working children.7 Child labourers do not go to school and have little or no time to live their childhood.8 In most cases, child labourers lack proper nutrition or care and often work under different hazardous circumstances9 that threaten their physical, mental and emotional well- being.10 Some child labourers have been victims of abuse, child slavery, child trafficking, debt bondage, forced labour and illicit activities.11 These activities described above are examples of worst forms of child labour and are some of the factors that contribute to the number of dropouts in schools.12
Child labour undermines international labour standards such as the minimum age of employment and it has long-term negative effects on any country such as depleting potential pools of children who would have acquired the education and skills that are essential for national economic development. This threat to national development provides compelling reasons why the Nigerian government must take appropriate measures to eradicate the worst forms of child labour in the country.
1.2 Concept of Child Labour
It is pertinent to state that not all works done by children are classified as child labour. A clear cut distinction between child labour, the worst forms of child labour and child work is necessary in this section to understand the concept of child labour.
The concept of ‘child labour’ generally connotes different forms of economic activities carried out by a person below the statutory minimum age13and are hazardous in nature. These economic activities are considered as child labour because child labourers are exposed to illicit activities and are found working under hazardous working conditions that are harmful, and that deprive them from participating fully in school.14
According to the ILO, child labour is ‘a form of activity that deprives children of their childhood, their potential and their dignity, and harmful to their physical and mental development.’15 Oftentimes, these working children engage in economic activities that are meant for adults and which are hazardous to their health and physical well-being.16
The International Program for the Elimination of Child Labour (IPEC), in addition to the ILO definition of child labour, gives a comprehensive definition of child labour as:
‘Work situations where children are compelled to work on a regular basis to earn a living for themselves and their families and as a result are disadvantaged educationally and socially; where children work in conditions that are exploitative and damaging to their health, physical and mental development; where children are separated from their families, often deprived of educational training opportunities; where children are forced to lead prematurely adult lives.’17
While the ‘Worst Forms of Child Labour’ can be defined according to article 3(d) of the Worst Forms of Child Labour Convention as ‘ work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.’
It can be deduced from the definition of child labour above that most activities of child labourers are in their worst forms in that many child labourers have suffered health hazards and are working under dangerous environment exposing them to slavery,dangers and all kinds of expoitation. Examples of some of the activities of child labourers in their worst forms will be analysed in chapter two of this dissertation.
The ILO, in considering the effect and impact of labour on children and young persons across the globe adopted the Minimum Age Convention (No 138) in 1973 (The ‘Minimum Age Convention’).18 The Minimum Age Convention provides for the minimum age of employment while the Worst Forms of Child Labour Convention (No 182) in 1999 (The ‘Worst Forms of Child Labour Convention’) 19was also adopted to stipulate under what conditions a child can be employed.20
A number of countries, including Nigeria, have adopted and ratified the Minimum Age Convention and the Worst Forms of Child Labour Convention to prohibit incidences of child labour. These Conventions however, are not widely applicable and enforced.21 As a result, child labour remains prevalent in semi-formal and informal businesses especially in the area of agriculture, fishing, mining, transportation, domestic works, street vending etc. 22
Child labour can however be differenciated from child work, which many confuse with child work. The concept of ‘Child Work’ implies works that are not harmful to the health and personal development of children and does not interfere with their schooling.23 Examples of such activities include helping their parents around the home after school hours, daily house cleaning, assisting in the family business or running errands for parents and light work within the home environment.24 Such light works are permited by law in some countries, as a result child work are not exploitative, tedious or for economic consideration and can be termed as home training necessary for good upbringing of a child.
Although, eradicating all forms of child labour may not be realistic as a matter of urgency considering the present socio-economic situation of Nigeria, however, urgent steps must be taken to reduce child labour and to eradicate all the worst forms of child labour as listed in article 3 of the Worst Forms of Child Labour Convention.
1.3 Problem Statement
The ILO set a goal to eradicate the worst forms of child labour across the globe by 2016.25 The possibility of achieving this goal in Nigeria is in doubt because child labour in its worst forms continues to thrive in the country, and has become worse in recent times.26
To collaborate this fact, evidence has shown that there are about 15 million children under the age of 14 working as child labourers across Nigeria.27 Child labourers in Nigeria undergo all forms of labour. Most of them perform hazardous tasks under very dangerous and unhealthy conditions with little food, low pay and no medical care.28 Such exploitative work conditions typically fall among the worst forms of child labour anywhere in the world.29
Child labour in Nigeria covers a wide range of activities such as street vending, street begging, agriculture (harvesting crops) mining, domestic work, bus conducting etc.30 Child labour is mostly common in the major cities like Lagos, Ibadan, Osogbo, Abeokuta31and in the northern part of the country, where an almajiri system of Qur’anic education encourages street begging.32 Though originally intended to foster Islamic education, the almajiri system mostly accounts for the high incidence of child street begging in northern Nigeria. The reason for child street begging under the Qur’anic system of education in Northern Nigeria is for the children to pay their quoranic teachers.33
In Nigeria, child labourers work to augment their parents’ income or to fend for themselves in terms of schooling and feeding.34 Although child labour may help meet family needs, the exposure (sometimes to workplace hazards) is harmful to the mental and physical development of children35 and this may have a long-term effect on them.36
There are also ominous physical dangers in child labour, such as getting involved in accidents, for instance, there have been cases of children crushed to death by trucks and cars while trying to sell items to road users in the traffic.37 Some child vendors have been hit by motorcycles while trying to cross to sell goods to buyers in the street.38 Children who beg or sell wares on streets, or work in restaurants risk the dangers of child trafficking, abuse and child prostitution.39
Furthermore, children whose parents allow to work in neighbouring communities or states as domestic workers to support the income of the family are victims of abuse and maltreatment.40 Children in family-based agriculture, which is predominant in rural areas, where their main occupation is farming, farm under harsh conditions.41
Child labourers receive low pay and unscrupulous employers subject them to unfair contract terms or treatment as casual labourers.42 Most times, child labourers undertake work that is well beyond their physical capability.43
It is without doubt that the high poverty rate in Nigeria accounts for the increasing rate of child labour in the country.44 In addition to poverty, lack of infrastructure and insufficient attention to socio-economic problems contribute to child labour in the country.45 Most especially inadequate provisions for free and compulsory education from primary school to secondary school in the country are factors encouraging child labour in Nigeria.46
Nigeria, recognising the significance of child labour and its adverse effects on the child, ratified the United Nations Convention on the Rights of the Child (The CRC) in April 199147and the African Charter on the Rights and Welfare of the Child in February 2003. Section 32 of the CRC addresses the issue of child labour. Nigeria adopted and ratified the Minimum Age Convention and the Worst Forms of Child Labour Convention in October 2002.48 The provisions of these Conventions are binding on Nigeria being a signatory. In addition to these international treaties, Nigeria has enacted laws and made policies to prohibit child labour.
The problem is, although Nigeria is a signatory to the aforementioned international treaties and has enacted national legislation to prohibit child labour, notwithstanding, child labour, especially in its worst forms, is widespread and on the increase. This dissertation explores the reasons for the prevalence of child labour, especially in its worst forms in Nigeria and proposes legislative strategies and policy based mechanisms that could address the problem.
1.4 Research Objectives
The main objective of this research is to suggest strategies and mechanisms for addressing the global epidemic of child labour, especially its worst forms, in Nigeria. The research will establish the underlying causes of child labour in Nigeria; highlights the dangers of failing to address the problem, and then proffer strategies that will enhance the legislative framework and other mechanisms that are necessary to eradicate child labour most especially in its worst forms and encourage wide participation in the ILO red card campaign towards total eradication of the worst forms of child labour by 2016.
1.5 Research Questions
The pertinent question this research seeks to answer is what are the strategies or mechanisms the Nigerian government could implement to eradicate the worst forms of child labour to comply with the ILO’s goal of eradication of the worst forms of child labour globally by 2016? To help answer the above question, the following sub-questions will be analysed:
1. What are the root causes and effect of child labour, especially its worst forms, in Nigeria?
2. What legislative framework regulates child labour in Nigeria?
3. What accounts for gaps in current legislation, policies and laws enacted to eradicate the worst forms of child labour in Nigeria?
1.6 Research Methodology
This dissertation adopts a non-empirical research methodology. It will primarily involve a detailed analysis of primary sources of the law on child labour in Nigeria and legal writings on child labour in Nigeria. There will also be a research of various relevant articles, conference papers, reports on child labour in Nigeria. Electronic portals and databases such as Westlaw, Lexis Nexis and Google Scholar will be utilised as well through the law library. Other sources of information would include secondary data, study reports from ILO websites, United Nations Children Fund (UNICEF) documents and review of national laws and policies on child labour in Nigeria.
For more Private Law Projects Click here
===================================================================Item Type: Project Material | Size: 73 pages | Chapters: 1-5
Format: MS Word | Delivery: Within 30Mins.
===================================================================
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.