A CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK OF CHILD LABOUR IN

UGANDA.

BY

KAGERE SHARON MUTEBI

BS14B11/014

A DISSERTATION SUBMMITTED TO THE FACULTY OF LAW AT UGANDA

CHRISTIAN UNIVERSITY MUKONO IN PARTIAL FULFILLMENT FOR THE
AWARD OF BACHELOR’S DEGREE OF LAWS.

SUPERVISOR:

REV. MALIISA SAMSON

…………………………………………………………………………..

MAY, 2018

i
 DECLARATION
I, KAGERE SHARON MUTEBI, do hereby declare that this research is my original work and
that to the best of my knowledge and belief, it has not been previously, in its entirety or in part,
been submitted to any other university for degree or diploma. Other works cited or referred to are
accordingly acknowledged.

Signed…

Date…

CERTIFICATION.

This is to certify that this piece of work has been submitted to the faculty with my consent.

1. Supervisor…

REV. MALIISA SAMSON

Date…

i
 DEDICATION
I dedicate this research paper to my loving parents MR.TWAHA K,My father THE LATE MR
CHARLES MUTEBI, my mother MRS MUTEBI KHADIJA. My siblings HARRIET MUTEBI,
BETTINAH MUTEBI, NAKAYENGA SARA SANDRA, BIRUNGI JULIET. And my niece
and nephew NINSIMA CHLOE and KASUMBA JEREMY.

I also dedicate this research paper to my beloved friends who have been there for me in the
struggles of law school from first year up to the final year and also who endeavored to help me
in achieving all my research findings and their endless advice, The late NAKIMULI
VICTORIA,MURUNGI MARTHA,LUBOWA HOOD and AKANDWANAHO TREVOR.

I also dedicate this research paper to my supervisor Rev. MALIISA SAMSON, who has been
there for me in the supervision of my work. He advised me where I went wrong and gave me tips
on how to make such good work.

Finally, I dedicate this paper to my best friend and sister the late NAKIMULI VICTORIA
BS14B11/473 who never gave up on me when times were hard, but instead stood beside me in
prayer. We moved together from library to library looking for information and stayed up all night
just to finish this research paper on time. On 30th April, 2018, so heartbreaking the good Lord
called her to join the angels, as we waited for our finals of Law school. I will dearly miss you in
each step of my life, and I will remember you the dreamswe could have dreamed. Your pure and
simple heart, we used to say forever. Am sure you reached a better place. Till we meet again
darling! ROMANS 6:8.

ii
 ACKNOWLEDGEMENT
I would like to thank my creator, and most loving God for bringing me this far, granting me his
wisdom and strength to work on this research. And most of his endless providence and keeping
me alive to witness his greatness.

Many people have been involved in the process of my research, and I am very thankful for their
support and encouragement. I acquired immerse support and inspiration from my best friend and
a sister, the late NAKIMULI VICTORIA. She provided me with guidance and insight in
complex issues related to childlabour and ILO standards affecting child labour and children’s
rights.

Finally I would like to appreciate the support of my family and friends. They have constantly
encouraged me both morally, spiritually and financially. I am so grateful.

iii
 ABSTRACT
Child labour continues to be widespread across the globe. Worldwide over 215 million children
have been reported to be working many of them fulltime. Some of the regions that have recorded
the highest numbers of childlabour include Asia and Sub-Saharan Africa.

The ILO has taken initiative to ensure eradication of child labour. There is the ILO Convention
138 on Minimum Age of Employment that seeks to ensure children below a certain age are not
engaged in child labour. ILO Convention 182 is on the Worst forms of Child labour its’ aim is to
ensure that children are not engaged in hazardous activities but may be harmful to their health or
may interfere with their education. The African Charter on Rights and Welfare of a Child has
also outline the need for protection for children’s rights and encourages state parties to ensure
that the best interests of a child prevails.

Uganda has ratified all three instruments as an initiative to ensure children rights are protected.
Various pieces of legislation such as the 1995 Constitution of Uganda, Employment Act, and
Children’s Act have provisions to ensure that child labour is eradicated. Despite all these pieces
of legislation there is need for a child-centred policy on the elimination of Child Labour. Such a
policy would take into account the nature of work done by the child and consider what is best for
the child.

This study will thus analyze the legal provisions on child labour and the steps taken by Uganda
to fulfill its obligations. It will also give a recommendation on how to formulate a child-centred
policy to eradicate child labour and ensure the best interest of a child prevails.

iv
 TABLE OF LEGAL INSTRUMENTS
International Instruments
United Nations Convention for the Rights of a Child of 1989 Entry into force 2nd September
1990, vol 1577, UNTS No.147 of 1993.
Minimum Age Convention for Admission to Employment No. 138 adopted on 26th June 1973,
Entry into Force 1976, ILO C138 of 1973(Fundamental Convention).
Worst Forms of Child Labour Convention No.182 adopted on 17th June 1999,Entry into force on
19th November 2000,ILO C182 OF 1999(Fundamental Convention).
Labour Inspection in Industry and Commerce Convention No.81 adopted on 11th July 1947,
Entry into force on 7th April 1950, ILO C81 of 1947.
Labour Inspection (Agriculture) Convention No.129 adopted on 25th June 1969, Entry Into force
19th January 1972 ILO C129 of 1969.
International Convention on Civil and Political Rights adopted on 16th December 1966, Entry
into Force 23rd March 1973.
International Convention in Economic, Social and Cultural Rights, adopted on 16t December
1966, Entry into Force 3rd January 1973.
Universal Declaration of Human rights, adopted on 10th December 1948 entered into force
March 23, 1976 999 U.N.T.S 302.

Regional instruments

African Charter on the Rights and Welfare of the Child, OAU Doc 49, entry into force 29th N.

v
DOMESTIC LEGISLATION
The Constitution of the Republic of Uganda 1995.

The Employment Act No.6, 2006

The Children’s Act Cap 59

The Occupational Safety and Health Act, No.9, 2006

vi
 LIST OF ACRONYMS
ACERWC African Committee of Experts on the Rights and Welfare of the Child.

ACRWC African Charter on the Rights and Welfare of a Child

AU African Union
CRC Convention on the Rights of the Child
ILO International Labour Organization
IPEC International Programme on Elimination of Child Labour.
ICESCR International Convention on Economic Social and Political Rights
ICCPR International Convention on Civil and Political Rights
OAU Organization of African Unity
NGO Non-Governmental organization
OVCs Orphans and Vulnerable Children
UNICEF United Nations Children’s Fund
UNHR Universal Declaration of Human Rights

vii
 TABLE OF CONTENTS
DECLARATION ........................................................................................................................................... i
DEDICATION .............................................................................................................................................. ii
ACKNOWLEDGEMENT ........................................................................................................................... iii
ABSTRACT................................................................................................................................................. iv
TABLE OF LEGAL INSTRUMENTS......................................................................................................... v
DOMESTIC LEGISLATION ...................................................................................................................... vi
LIST OF ACRONYMS .............................................................................................................................. vii
CHAPTER ONE ...............................................................................................................................1
1.0 INTRODUCTION .................................................................................................................................. 1
1.1 DEFITIONS OF CHILD LABOUR ....................................................................................................... 3
1.1.1 CHILD LABOUR ................................................................................................................................ 3
1.1.2 CHILD WORK .................................................................................................................................... 5
1.2 BACKGROUND .................................................................................................................................... 6
1.3 STATEMENT OF THE PROBLEM ...................................................................................................... 9
1.4 OBJECTIVE OF THE STUDY .............................................................................................................. 9
1.4.1 MAIN OBJECTIVE............................................................................................................................. 9
1.4.2 SPECIFIC OBJECTIVE .................................................................................................................... 10
1.5 RESEARCH QUESTIONS................................................................................................................... 10
1.6 SIGNIFICANCE OF THE STUDY ...................................................................................................... 10
1.8 SCOPE OF THE STUDY ..................................................................................................................... 11
1.8.1 TIME .................................................................................................................................................. 11
1.8.2 GEOGRAPHICAL ............................................................................................................................ 11
1.8.3 SUBJECT SCOPE ............................................................................................................................. 11
1.9 LITERATURE REVIEW ..................................................................................................................... 12
1.10 METHODOLOGY ............................................................................................................................. 14
SYNOPSIS .................................................................................................................................................. 16
CHAPTER TWO ............................................................................................................................ 17
2.0 International Legislation ....................................................................................................................... 17
2.1 Forced Labour Convention. .................................................................................................................. 17

viii
2.2. The Geneva Declaration of 1924. ........................................................................................................ 18
2.3 The Universal Declaration of Human Rights 1948 ............................................................................... 18
2.4 The UN Declaration of the Rights of the Child, 1959 .......................................................................... 18
2.5 UN Convention on the Rights of a Child (CRC) .................................................................................. 19
2.6 The ILO Convention on Worst Forms of Child Labour ....................................................................... 20
2.7 IPEC’S Role and intervention ............................................................................................................... 21
2.8 REGULATION OF CHILDLABOUR AT REGIONAL LEVEL ........................................................ 22
2.9 Conclusion ............................................................................................................................................ 23
2.10 NATIONAL LEGISLATION OF CHILD LABOUR ........................................................................ 24
2.11 THE CONSTITUTION OF THE REPUBLIC OF UGANDA 1995 .................................................. 24
2.12 THE CHILDRENS ACT CAP 59....................................................................................................... 25
2.13 THE EMPLOYMENT ACT 2006 ...................................................................................................... 25
2.14 Conclusion ......................................................................................................................................... 26
CHAPTER THREE ........................................................................................................................ 27
3.1 CAUSES OF CHILD LABOUR........................................................................................................... 27
3.2 LIMITATIONS OF CHILD LABOUR ................................................................................................ 31
3.3 EFECTS OF CHILD LABOUR ........................................................................................................... 33
CHAPTER FOUR....................................................................................................................................... 35
4.1 DATA ANALYSIS ............................................................................................................................... 35
CHAPTER FIVE ............................................................................................................................ 41
5.0 RECOMMENDATIONS AND CONCLUSIONS TO THE STUDY .................................................. 41
5.1 Introduction ........................................................................................................................................... 41
5.1 Conclusion ............................................................................................................................................ 46
REFERENCES ............................................................................................................................... 48

ix
 CHAPTER ONE

1.0 INTRODUCTION
Child labour is any form of prohibited labour done by a child in exchange of money1. This form
of labour is likely to interfere with the child’s mental and physical health 2.child labour as been
recognized as a social problem across the globe and various organizations have been formed to
fight child labour. Child labour deprives them of their childhood due to its exploitative nature.
Child labour also deprives them the right to education among other rights.

Worldwide over 215 million children have been reported to be working many of them fulltime 3.
Some of the regions the regions that have recorded the highest numbers of child laborers include
Asia and Sub Saharan Africa. In Asian about 77.8 million children between the ages of 5-17 are
engaged in child labour4. Most children work in agriculture sector, fishing and sea food
industries. Across Asia children are employed as domestic helps and some re even sexually
exploited. Countries in Asia have tried to combat child labour by strengthening their legal
framework and having inspectors in various sectors5.

In Uganda children are engaged in the worst forms of child labour. Most of the children are in
the agriculture sector especially tea and coffee plantations6.reports also indicate that children
work in the mining sector, fishing and herding animals7. Children work for long hours under
hazardous conditions with dangerous tools and are exposed to toxic chemicals. These children
are exposed to various risks including the possibility of death, injuries, health complications and
even disabilities.

Child labour constitutes of the greatest forms of child exploitation in Uganda and this is a
fundamental violation of children’s rights. Since it is work that exposes to children to an
unacceptable form of child harm. Itis known that childlabour hinders economic development and

1
McKenna Transcript of childlabour in Kenya 2015
2
International Labour office, A practical to ILO Convention No.182(ILO AND IPU)
3
ILO findings on the worst forms of child labour http://www.un.org>accessed on 16th February 2016
4
US Department of Labour, Findings on the Worst Forms of Child labour,(2014)
5
US Department, Findings on the Worst Forms of Child Labour, 3
6
ILO findings on the Worst Forms of Child Labour http://www.un,org accessed on 16th February 2016
7
US Department of Labour, Findings on the Worst Forms of Child Labour.

1
leads to poverty since it keeps children out of school an limits their prospects for upward social
mobility.

Article 32, this article guarantees protection of children from economic exploitation and from
performing any work that is likely to be hazardous to the child’s education8. More so this article
has been put into force by the government of Uganda through the constitution Article 34(4), it
states; children are entitled to be protected from social or economic exploitation and shall not be
employed in or required to perform work that is likely to be hazardous or to interfere with their
education or to be harmful to their health or physical, mental, or social development9

Girl children are more into child labour. This is because of they provide valuable support to their
families and communities and in return they are deprived of their right to education and
development10. Much as attempts have been made to address the problem of child labour it is
still hard to eliminate. This is due to the loopholes in the law and no mechanisms to provide
solution to it.

On 1st May 2007, National child labour policy was launched in Uganda. According to the
Minister of Gender, labour and social development, this policy would implement other policies
and programs including the orphans and other unstable children in Uganda.

This study examines the forms of child labour, causes and effects plus the existing law against it.
Children are supposed to be protected and looked after from any dangerous activities which are
harmful to their lives. However, due to some circumstances many children have resorted to
looking for work which in most cases is dangerous to their health and development.

According to the Uganda Bureau of Statistics2.7milion children were found to be engaged in

economic activities by 2001. However the authencity of this statement is doubted since children
are involved in other activities that are not economic like slavery.

8
UN Convention on Rights of Children
9
Constitution of the Republic of Uganda 1995
10
Policy review newsletters vol.3 issue1 2003 pg.11

2
1.1 DEFITIONS OF CHILD LABOUR
Article 34(5). A child is defined as any person under the age of sixteen year11

Section 2 defines a child below the age of eighteen years12 this was more so re affirmed in R v
Kibageny13

International Labour Convention (ILO) defines a child as a person under eighteen years of age14

According to Harder,15there is a problem in defining a child and the age restrictions that apply to
the definition. He notes that the tension is mainly between the official international and national
laws, and actually reality, which he describes as the living laws 16. Despite the constraints in the
definition of a child, international instruments generally use the age system to define a child. The
UNCRC describes a child as anyone who is under the age of eighteen unless national regulations
say otherwise17. Member states to this Convention, including Uganda, Kenya. Have adopted the
eighteen years requirement in some of their domestic laws. Therefore, in order to understand
what constitutes child labour, a child is any person under the age of 18, regardless of their
psychological and physical development.

1.1.1 CHILD LABOUR

The Black’s Law Dictionary 8thedition, Bryan A.Garner, defines child labour as employment of
workers under the age of minority.

The term focuses on the abusive practices such as exploitative factory work, slavery, sale and
trafficking in children, forced or compulsory labour such as debt bondage and serfdom, and the
use of children in prostitution, pornography, drug trafficking, oranythingelse that might
jeopardize their health, safety or morals.

11
The Constitution of The Republic of Uganda 1995
12
Children’s Act Cap 59
13
(1986)1ULR42
14
Fundamental convention(worst forms of child labour convention 1999 no.182)
15
M Haider Recognizing Complexity. Embracing Diversity; Working children in Bangladesh 2008 South Asia
Research.
16
Ibid 50-51
17
Article 1 of UNRC.

3
The definition of child labour is also derived from the ILO convention No.138 (1973) on
minimum age to employment and the ILO Convention No.182 (1999) on the worst forms of
child labour.

The International Labour Organization (ILO) defines child labour as work that deprives children
of their childhood, their potential and dignity and that is harmful to physical and mental
development. In its most extremesforms, child labour involves children being involved and
exposed to serious hazards.

Article 2 defines child labour 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 18and it requires ratifying
states to eliminate the worst forms of child labour including all forms of slavery or practices
similar to it.

The UN Convention on the rights of the child (CRC) stipulates that, children should be protected
from economic exploitation and any wok that is hazardous interferes with schooling or harmful
to their health and development.

Therefore childlabour can be described as work that is inconsistent with the principles set under
the conventions and existing national law.

However, section 8 children’s Act provides that the minimum age of criminal responsibility shall
be twelve years. Nevertheless, a minor can sue through a next friend who is an adult but the
authority of the next friend must be attained in writing.

Childlabour is divided into three main categories19. These categories include; work within the
family, work within the family but outside the home; and work performed outside the family20.
Work within the family can be described as unremunerated work performed by children at home.
Domestic chores and subsistence farming are examples of this child labour. Despite being
unremunerated, work within the family contributes significantly to maintaining the upkeep of the
family. Children can also work for remuneration, within the family but outside the home
involving a variety of work. High incidences of child labour are found in this category. The
following sectors fall under this category of income; agriculture, domestic services, self-
18
ILO No.182.
19
Types of child labour, available at http://www.tnchildlabour.tn.gov.in/forms.htm(accesed on 13 September 2014
20
ibid

4
employment and informal employment. Children performing in this category are forced to drop
out of school and work to sustain the family due to the economic hardship existing in most
African countries21

1.1.2 CHILD WORK

According to the Black’s Law Dictionary Bryan A.Garner defines child work to mean minors
salutary employment especially with the family.

ILO International Labour Organization.

21
HM Njoloma paper for the National Conference in Eliminating Child Labour in Malawi: Child Labour in
Malawi’s Agriculture sector available at http:www.eclt.org/wpcontent/uploads/2013/07.

5
1.2 BACKGROUND
“…..To enable families living in poverty to survive, a quarter of a billion children aged 14 and
under, both in and out of school, now work, often in hazardous or unhealthy conditions”22.

Child Labour is a universal problem which affects almost every continent across the globe23.
Child labour is described in Article 32(1) as form of work performed by a child that is likely to
interfere with his or her education, or to be harmful to their health or physical, mental, spiritual,
moral, or social development24. The dignity of a child is compromised when employers treat
them in inhumane manner25.

Child labour has its origins from the Second World War where large scale production was
developed in the manufacturing industries due to the inflation that has captured the world. The
development of industries and inflation in the world le to an increase in the labour force so as to
increase on production, since the required labour was not available due to the massive loss of
lives during the war manufacturers resorted to employing even the children so as to increase
production.26 . The struggle for survival, led to so many children throughout the world to be
pushed to do work for adults, some even gave services as soldiers and others got engaged in
dangerous work27.

Despite its existence for a long time, it came to be recognized as a serious social problem in the
second half century28. This was because of the resultant effects of child labour on the social,
political, and economic development of the child and the society in general.

The first movement to be held in context of childlabour was in 1998 and it was known as the
Global March against child labour, this was due to the overwhelming need to curb down

22
Former United Nations Secretary-General Kofi Annan in the Millennium Report 2000 available at www.un.org.
accessed 13 April 2014
23
L.ELDRING…et al Child Labour in the Tobacco Growing Sector in Africa (2000) Report prepared for the
IUF/ITGA/BAT Conference on the elimination of child labour, Nairobi, page 7 available at
http://www.fafo.no/pub/rapp/654/654.pdf accessed on 10 April 2014
24
J Rea Child Labour (2008)7 at
http://www.developmenteducation.ie/media/documents/Concern%20Resource.pdf.accessed on 10 October 2014.
25
E C Lubaale: A human rights-Based approach to child labour in Africa: challenges and prospects in South Africa.
(LLM Dissertation) University of Venda,Limpopo 2011) 42 available at
http://repository.up.ac.za//handle/2263/18624(accessed on 03 October 2014).
26
Future without child labour global report of ILO 2002 P.25
27
Encyclopedia Britaninica,1768 vol.p.484
28
William E Meyers protecting working children, save the children Sweden Stockholm 1997,p.11

6
childlabour. The main goal of this movement was to protect and promotes the rights of all
children especially the rights to receive a meaning full education29.

Child labour in Uganda is very recent and a report shows that most of the children affected by
child labour are domestic servers commonly known as house boys and girls30.

The UBOS in 2004 showed estimates of close to 1.5m children are estimated to be working in
Uganda and 23% of the working children are orphans31.This investigation showed that there is
link between child labour HIV/AIDS and armed conflict which left many orphans hence leading
to child labour.

The historical trends of child labour can be traced through the pre-colonial period where work
was rarely organized on commercial basis and based on sex and age before colonization came
into the country. Children were taught everything they did by the elders and also learnt from the
elders. In the African setting children were considered as a source of labour and therefore they
cherished so much in extended families since the more children one had the more source of
labour one was believed to have. This was affirmed in Muwanga v Jiwani32, Udo Udoma C.J
stated, THE COURT WOULD TAKE JUDICIAL NOTICE OF THE FACT THAT African
children while at school are expected to assist in domestic work and after school on gaining
employment to contribute towards the maintenance of the family accordingly. The term family
being used in this sense which anthropologist’s usually referred to as the kindred or extended
family.

The laws in regard to child labour were not written and one was regarded as a child in
accordance to the customs of the people but children were regarded to beweak and work was
done under the supervision of elders to avoid exposure to harmful and hazardous activities that
would endanger their health. But with the imposition of colonial rule in Uganda the set up
changed both social, political and it was at this point that civilization came into place. This led to
barter trade where exchange for foodstuff or any other material in return for something else,
many things become moniterized which led to the elders to abandon their work and then

29
http/www.globalmarch.org/aboutus/index.hp
30
Policy review new letter opcit3.
31
New vision supplements world day against child labour
32
(1964)EA 171

7
concentrate on earning money33.Common law and doctrines of equity were introduced as written
laws in Uganda and the laws that were applied in England were also applied in Uganda it was at
this point that a child was defined and also a limit was set 34,and the native laws were suppressed
for foreign law and for the native law to be applicable it had not to be repugnant to the foreign
law inR V Amkeyo,bride price was defined as a mere wife purchase and the testimony of a wife
was not admissible.

After the attaining of independence and the coming into force of the 1967 constitution, later on
the employment decree 1975 introduced provisions that were relate to the employment of
children. Later on in 1995 a new constitution was adopted and an employment decree was
amended which set conditions under which a child may be employed. In 1996 children’s Act was
enacted to provide for a number of aspects in regard to children and their welfare35.

A report on child labour in Uganda stipulates that most affected by child labour are domestic
services commonly referred to as house girls and boys36 it goes on to state that one of the worst
forms of child labour in Uganda has been forceful conscription into armed forces especially the
Lord’sResistance Army(LRA).

The development of children’s rights has been one of the greatest successes of the UN
advocating that children shouldn’t be used as war soldiers or not even during any hostilities.

The Convention of the rights of children’s (CRC) and it stipulates that children should be
protected from economic exploitation and any work that is hazardous or interferes with
schooling or is harmful to their health and development and that children shouldn’t be used
during armed conflicts. Article 38 of this convention provides that state parties shall take all
feasible measures to ensure that persons who have attained the age of 15years don’t take part in
hostilities.

The problems of child labour are many especially among large orphan population and urban
areas, where children are engaged in selling small items on the streets, begging on the streets and
also work in the commercial sex industry

33
Morris and Read(1996) expressed this take off as a new dimension on the British common wealth No.13
34
W.B Harvey introduction to the legal system in East Africa P.539
35
Cap 59 laws of Uganda
36
Policy reviews newsletteropcit 3

8
The supply of child labour is accommodated by the demand of employers for a cheap and
flexible workforce including small scale family enterprises that cannot afford adult paid labour37.

A joint international Labour organization and MGLSD survey estimated that approximately 2.7
million children were employed as labourers this places 70% of economically active children are
victims of child labour in Uganda.

The main causes of child labour in Uganda are mainly poverty, unemployment, HIV/AIDS, and
peer pressure. Parents have been so negligent in taking care of their children that they also send
them off as child labourers hence leading to consistent increase in the problem of child labour.

1.3 STATEMENT OF THE PROBLEM

There is a law against child labour in Uganda. However it is not strictly observed. This is due to
poverty, social and cultural practices which have caused adverse effects to the health of children.
Despite the coming into force of the 1995 Constitution and the 1996 Children’s Act and other
reforms in favour of the children’s rights children are still employed under conditions that
contravene the law.

Policies enacted to eradicate child labour are not child-centered. Such policies are ineffective and
hence childlabour is not successfully eradicated. A child-centered policy will ensure the
protection of working children. Current policies have no regard to what would be best for the
child. There is no framework on the types of work that would beneficial for a child and how the
rights of the working children would be protected. Child labour is deemed to constitute the worst
forms of child labour and these include child slavery or practice similar to slavery such as sale
and trafficking of children, debt bondage and use of children in armed in armed conflicts.

1.4 OBJECTIVE OF THE STUDY

1.4.1 MAIN OBJECTIVE

The main objective of this study is to critically analyze the laws of Uganda in relation to
employment of children.

37
UHRC 9TH annual report to parliament of Uganda of the UHRC 2006.P.96

9
1.4.2 SPECIFIC OBJECTIVE
To identify the causes of child labour in Uganda.

To identify the effects of child labour in Uganda.

To look at the law on child labour in Uganda.

1.5 RESEARCH QUESTIONS

What are the root causes of child labour in Uganda?

What are the challenges faced in combating it?

What are the relevant laws enacted and their loopholes in relation to child labour in Uganda?

1.6 SIGNIFICANCE OF THE STUDY

Child labour is a form of child abuse and exploitation38. It is a violation of the child’s right to
human dignity and the freedom of association. These rights are preserved in many international
human rights’ conventions39, as well as the state constitution. Child labour has had a negative
effect on the well-being of vulnerable children in most developing countries. For instance, it
affects the development of a child both physically and socially, it compromises education
opportunities. Therefore, the study of child labour and its regulation is of great importance for
Uganda. Furthermore, the study will develop new approaches on how protective laws on child
labour can effectively control or abolish child labour to enable greater development in the
country.

The research will also enable policy makers to come up with a child-centered policy to ensure
effective eradication of child labour. This study will assist policy makers to judge the
appropriateness’ of work done by children and the effects of the work on the children. There is
need to understand the root causes of child labour and address them in order to effectively
eradicate the problem.

38
M KabasiitaCombating child labour in Uganda: Challenges and prospects from a developed perspective 2009:
Case study:Kisenyi Slum, Kampala District available at http://uir.unisa.ac.za/bistream/hanle/10500 accessed on 17
April 2014
39
United Nations General Assembly Resolution 1386 session 14 Declaration of the Rights of the Child on 20
November 1959 available at http//www.undemocracy.com/a res-1386(Xiv) accessed on 14 April 2014

10
1.8 SCOPE OF THE STUDY

1.8.1 TIME

The study covers the period from 1962 when Uganda attained its independence until today. This
is because most of the laws against child labour and children laws were put into consideration
after the attained of independence. These laws have been modified from time to time.

1.8.2 GEOGRAPHICAL
The scope shall be Uganda as a whole with reference to other African countries.

1.8.3 SUBJECT SCOPE

The study discusses the law against, causes and effects of child labour in Uganda.

11
1.9 LITERATURE REVIEW
Child labour in Uganda manifests itself in two categories that is voluntary child labour and
forced labour40. Basically a domesticated form of labour by a child participating in the day to day
activities of the home. This is reflected in the statement made by Natasha who stated

“An estimated millions of girls of school age don’t go to school to school and it is likely that
they all work most of them at home. Many of them also have additional job to bring money in for
their family. Many scholars have written and elaborated more about and hence more light on the
problem and have gone ahead to suggest possible solutions to the problem and also reasons why
it should be eliminated. And some of the solutions suggested are manifested in the legislation
that is set in our day to day society but the problem still persists.

The most important elements in defining child labour are harmful exploitative and hazardous
“child activities” or childlabour41child labour is abusive and undermines a child’s potential.
Children to engage in activities of their age and also barred from attending school this makes
children be trapped in a cycle of poverty for generations. The Plat form for Labour Action (PLA)
report of 2003, acknowledged that in most cases, especially for economically active children
involved as workers are doing work that doesn’t match their age and bodies as they work from
morning to evening, most of them are mentally tortured.

A report on the activities of trade union in combatting child labour in Uganda states that the
majority of people affected by child labour are the rural children, children from poor families,
whose plight is aggravated by their inability to protest.42

Action to ensure the end of child labour is traced from the International Labour standards of the
ILO convention NOs 138 and 182.By promoting labour standards and supervising their
application in countries that signatories for many years43 .

The ILO’s minimum age convention 1973(No.138) has been ratified by 166 countries. Its aim is
to effect abolition of child labourwho are under the age of completecompulsory schooling or in
any case under the age of 15 years.

40
Sebastian Angeret childlabour and trade unions in Uganda. Workers hand book 2003 p.117
41
Government of Uganda; Uganda’s Report and position on childlabour, prepared for OAU/ILO African Regional
Tripartite conference on childlabour jan.1998 p.21
42
Joseph Tusabe E t al armed conflict HIV/AIDS Childlabour in Uganda pg.32
43
Child labour in Africa; Targeting the intolerable international labour office Geneva, first published 1998

12
The ILO’s worst form of child labour convention 19999NO.1820 affirmed to by 117 countries
focuses on the abolition of child labour and the minimum protocols.

A number of scholars have written about child labour and have notified employers of the dangers
of employing of children below a certain age on hazardous activities but despite all their efforts
many have come to realize the effects of child labour and this researchintends to address this.

More so, according to the New Vision Kampala district labour officer AdrineNamara said that
child labour is rampant in the formal sector, citing markets and homes, Namara was speaking at a
workshop organized by the rural development media communication at Ivory Hotel in
Nasana,also the Vice Chancellor of Kyambogo University made a presentation about child
abuse during the UNPPCAN(African Network for the prevention and protection against child
abuse and neglect) held on Thursday 12thJune 201344

The UN Convention on the rights of the child states that all children shall be protected from all
forms of torture and inhuman treatment, and thud their rights shall be protected. But such
international instrument did not put in place the enforcement mechanism to effect the above
recommendation. What should be adopted but the above were never effected since child labour is
still happening and children are still tortured, mistreated and are not protected at all.

The Constitution45 and the Children’s Act46 state that children are entitled to be protected from
social or economic explanation, and shall not be employed or required to perform work that is
likely to be hazardous or to interfere with their education or to be harmful to their health or
physical,mental,spiritual,moral or social development.

44
New Vision;Wedsday,December 28,2005 at page 7
45
The constitution of the Republic of Uganda 1995 Article 34(5)
46
The children’s Act Cap 59

13
1.10 METHODOLOGY
This refers to methods to be used in carrying out the research. This discusses thoroughly the
research design, data collection tools, data collection tools and method of data analysis.

Research design;

The main research design that will be used will be desktop research. This mainly concentrates on
secondary resources. Desktop research is a research method which mainly focuses on gathering
and analyzing existing information already in the public domain. The research will focus on
international and domestic legislation concerning children’s rights to try and eliminate child
labour.

Data collection tools

Data collection was through review of existing literature. Literature in form of textbooks, and
journals were used to offer broader definitions, as well as scholarly views on child labour. Law
reports were also used to articulate the legal position of the courts on the notion of child labour.
Newspaper articles as well as online discussions were used to provide common and recent
incidences of child labour.

Observation was also used in collection of the data. Using this method, it was possible to
document elements of work that children do. The circumstances under which it is done, and
likely effects of work on the health and safety of children

Techniques

Extensive use of secondary sources was applied in this study. Secondary data from several
sources including journals, research reports from International Programme on the Elimination of
Child Labour(IPEC). An analysis was made to look at literature involving folk stories and other
cultural writings to examine traditions and elements of child labour in them.

Academic articles on child labour, international and national reports on the state of child labour
will provide the necessary insight on the level of child labourboth globally and locally. Surveys
and research done by international organizations will also be important in the research.
Information gathered will be important in determining if international obligations has had any
impact on domestic laws.

14
Data analysis plan

The gathered data, will be used in considering the background of child labour. When it started
out and the steps that were taken in trying to bring it down. The background check will look at
the data collected from internet and extensive review of the secondary data collected. This will
help in establishing how long the vice has existed and what has been put in place since then to
try to curb it down.

The data gathered from review of existing literature is to be used to analyze the laws in relation
to child labour both local and on international level. This will help to show how the law has
helped in the protection of children against this vice. It will also help to analyze the loopholes in
the different laws providing for child labour.A discourse analysis was made for secondary data
sources so as to generate the interpretation of child labour among professionals and policy
makers. The emerging discourses were contrasted with local opinions.

Data collected from observation will be used in laying out the causes and effects of child labour
in Uganda. During observation I realized that children are involves in both hazardous work and
also non-hazardous like domestic child labour. The root cause observed was poverty in society
which pushes children into looking for another source of income so as to support the family.

With reference to the data collected and critical analyzing it, I will draw recommendations
derived from the different literature views, textbooks and laws on child labour. Under here the
collected data will help me be able to look at the different loopholes in the laws, the weaknesses
in the laws and the economic and social culture from which I will draw my recommendations.
My recommendations and conclusions will be mainly on how the government and international
bodies can be able to combart down the vice of child labour.

15
SYNOPSIS
CHAPTER ONE, covers the introduction, major definitions used in the study, background to the
study, statement of the problem, objectives of the study, hypothesis, scope of the study,
significance of the study, methodology and literature review.

CHAPTER TWO, will analyze the law relating to child labour both International, Regional and
National level

CHAPTER THREE, will discuss the causes of child labour in Uganda the limitations to its
enforcement and the resultant effects of child labour in Uganda

CHAPTER FOUR, draws recommendations and conclusions.

16
 CHAPTER TWO

2.0 International Legislation

Article 12347,provides for execution of treaties, conventions and agreements and it goes on to
state that parliament shall make laws to govern ratification of treaties, conventions, agreements
and other arrangements between Uganda and any international organization or body in respect of
any matter. The rights of children not to be economically exploited is a right which s provided in
most international conventions that regulate child labour. The commitment by Uganda to
eradicate child labour is derived from these international instruments. To place both international
and regional conventions in perspective, this chapter will provide an overview of the ILO
Conventions and other instruments on which child labour finds expression.

The international labour organization (ILO) and the United Nations International Children’s
Emergency Fund (UNICEF) are two predominant international agencies working against child
labour. The ILO supports governments on setting policies or convention as well as
implementation numerous programs. These include direct projects such as offering vocational
training to children and indirect projects to strengthen the skill the skill of government officials
employers and organizations workers’. The ILO set two international labour standards with the
aim to protect children from exploited employment, unsafe and unhealthy work and set a
minimum age, children under the age of fourteen are not allowed to work. Moreover many
countries who are signatories to these instruments have established child labour laws, despite
these laws being hard to enforce.

2.1 Forced Labour Convention48.

Forced labour is defined as work that is performed involuntarily and under coercion 49. The
fundamental obligation of Convention No.29 is to suppress all forms of forced labour. This
means that member states must not only criminalize and prosecute forced labour, but also take

47
Constitution of the Republic of Uganda 1995
48
No. 29 of 1930 and No.105 of 1957 as modified.
49
Article 1 of Convention No. 29

17
effective measures to prevent forced labour and provide victims with both protection and access
to remedies including compensation50

Due to failure of the minimum wage (industrial Convention) to deal with the general protection
of children from exploitation. There was recognition of child abuse, forced labour, which led to
the adoption of the Forced Labour convention so as to curb down the increasing number of child
and forced labour in the country.

2.2. The Geneva Declaration of 1924.

The 1924 Declaration of the Rights of the child which was adopted by the League of Nations
was the first convention in which the Rights of the child were considered. It conferred upon men
and women of all nations to protect the child against every form of exploitation. All means
should be provided for the material and spiritual growth of the child so that he grows up to
appreciate the human life and contributes to the wellbeing of the mankind.

2.3 The Universal Declaration of Human Rights 1948

The Declaration proclaims, All Human beings are born free and equal in dignity and rights. It
embodies more measures to protect the children, throughout a common standard of achievement
for all people and all nations was adopted. Article 25(2) it provides that motherhood and
childhood are entitled to special care and assistance. All children whether born in, or out of, wed
lock shall enjoy the same social protection51. The UDHR is an elaboration of UN Charter
obligation relating to human rights and recognizes, that every person to be free from inhuman
and degrading treatment-slavery, slave trade etc.inspite of the recognition of human rights long
back, a child labourers is deprived of such rights.

2.4 The UN Declaration of the Rights of the Child, 1959

The general assembly affirmed that the child has the right to enjoy special protection and to be
given opportunities and facilities to be able to develop into healthy normal manner. The
Declaration contained 10 principles, being of comprehensive nature which formed code for the

50
Article 2 of Convention No.105
51
Universal Declaration of Human Rights 1948

18
wellbeing of every child. The Declaration expanded the 5 principles of the Geneva Declaration
into 10 basic principles.

2.5 UN Convention on the Rights of a Child (CRC)

The UNCRC is the first convention to afford rights to children. The UNCRC calls for protection
of the basic human rights for children ensuring both their full development and participation in
society. Thus, this can be described as an important convention because it is the convention
which pioneered the rights of children52.

Due to the much emphasis of protection of children in difficult circumstances by the NGO’s led
to the articulation of the 1989 United Nations Convention on the Rights of a Child (CRC). This
convention recognizes all sorts of rights of a child in whatever circumstances for survival and
development53, this article mandates member states to recognize the rights of the child and to be
protected from economic exploitation and from performing any work that is hazardous or likely
to interfere with their physical, social and mental wellbeing54 therefore children have a right to
be protected from all forms of economic abuse, from participating in work which is harmful to
their development and depriving them of their education.

Article 33 of the convention supplements the above statement it provides; “parties shall take all
appropriate measures including legislative, administrative measures, social and educational
measures to protect children from the illicit use of narcotic drugs and psycho pic substances
defined in the relevant international treaties and to prevent use of children in illicit production
and trafficking of such substances.

This convention is believed to be the foundation of the basic rights or the general rights of a child
as to the other rights of a child provided therein, it cuts across all the aspects concerning a child
and especially abuses to a child under any form of employment.

52
A.G Mower Jr. the Convention on the Rights of the child, international law support for children (1997)1
53
Black M; The story of UNICEF, past and present,UNICEF Press 1989
54
Article 32 UN CONVENTION on Rights of the child.

19
Minimum Age Convention55, this convention applied in Europe and Northern America as the
minimum age (industrial) convention of 1919. Child Labour was included in the international
agenda in 1973 with the ILO adopting the Minimum Age Convention. This convention addressed
the issue of child labour from the perspective of minimum age of employment of children and
young people in different types of work with some flexibility according to countries stages of
development as the new states has to be included. The convention also requires member states to
establish a minimum age for employment not less than the age of finishing compulsory education
which in any case should not be less than 15 years. The convention prohibits child labour in all
economic activities, whether or not the child works for a wage.

Article of this convention outlines that ratifying states should56;

“Undertake to pursue national policy designed to ensure the effective abolition of

child labour and to raise progressively the minimum age for admission to work to a level
consistent with the fullest physical and mental development of young persons57”.

However this instrument has failed to provide a specific definition to what child labour is. This
loophole makes it difficult for states to draft child labour protective laws in the absence of clear
guidelines on what practices to prohibit. With this dilemma each member state has developed its
own definition according to its own social, economic, and political policies. This gap therefore,
has a negative effect on the monitoring or implementation of the convention, hence making it
impossible for child labour to be totally eliminated.

2.6 The ILO Convention on Worst Forms of Child Labour58

Article 3 states that the term worst forms of child labour comprises of all forms of slavery or
practices similar to slavery, such as the sale and trafficking of children forced or compulsory
labour, including forced or compulsory recruitment of children for use in armed conflict. Or
work which by its nature or the circumstances in which it is carried out is likely to harm the
health, safety and morals of children.

55
No.138 of 1973
5656
Article 1 of convention No. 138
57
ibid
58 No. 182 of 1999
20
The convention argues member states to aim at eliminating the worst forms of child labour. The
convention targets practices like child slavery, forced labour,prostitution,ponography and
children in the armed conflicts, use of children for illicit activities such as child trafficking in
drugs, engaging children in work which is likely to endanger their health and safety and morals
in various forms of hazardous and exploitative work. Therefore the convention requires all its
member states to draw up a legally binding list of hazardous childlabour after consultation with
the organizations of employers and workers concerned59

Article 7 of the convention requires member states to take reasonable measures in

eliminating the worst forms of child labour60. In addition states are encouraged to use education
for eliminating child labour61. According to this convention ratifying states are supposed to
provide free education to all under aged children in society62. And this has been put into
consideration and in Uganda Universal Primary and Secondary Education were introduced.

2.7 IPEC’S Role and intervention

It focuses on protecting children from exploitative work and promoting free education. IPEC
monitors and takes immediate action to prohibit and eradicate the worst forms of child labour, it
cooperates with employers, and workers.

IPEC is the arm of ILO that works on the ground to combat child labour in Uganda. In Uganda
IPEC is fighting child labour through partner organizations, action programs implemented by
partner agencies. IPEC is able to prevent and withdraw children from child labour.

59
Article 4 ibid
60
Article 7 para 1 of Convention No, 182
61
Article 7 para 2(c) of Convention No.182
62
Article 7 para 2 (c) of convention No,188

21
2.8 REGULATION OF CHILDLABOUR AT REGIONAL LEVEL
The African Charter on the Rights and Welfare of the child 1990

The ACRWC is an important instrument as it affords rights to African children. The Charter was
introduced after it was observed that the conditions, in which most African children grow up, are
life threatening due to numerous factors including socio-economic, cultural and development
circumstances, as well as armed conflicts, exploitation and hunger63. The ACRWC in Article 2
defines a child as any human being under the age of 1864.

Article 15 regulates the protection of children from any sort of exploitation in Africa. The article
states that;

Every child shall be protected from all forms of economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the child’s physical, mental, spiritual,
moral or social development65.

The provision of Article 15 are derived from Article 32 of the UNCRC. Article 15 of the charter
includes the phrase all forms of exploitation in its provisions. This phase offers clarity to what
can be described as child exploitation66 the phrase all forms of exploitation helps to expand the
meaning of exploitation to include other activities that are exploitative at face value but will
eventually have a negative impact on the child67.

One aspect which is worth mentioning is the failure by the Charter to specifically prohibit work
that is prone to affect the child’s education like the UNCRC68. This omission by the charter
makes it difficult for child labour to be effectively controlled because affording children better
education facilities is an important tool in prohibiting child labour. In addition ratifying states
are requiredin terms of Article 15(2) to take appropriate legislative and administrative measures
in protecting the interests of children in both formal and informal sectors of employment69.

63
OAU, African Charter on the Rights and Welfare of the child. 11July 1990
64
International Labour Organization (note 154 above) 10
65
Article 15 para 1 of African Children’s Charter.

66
M Gose; The African Charter on the Rights and 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 Child( 2002)61
67
ibid
68
Ibid
69
Article 15(2) of the African Children’s Charter.

22
2.9 Conclusion
The above discussion has explored the legal position of child labour, in both international and
regional context, by outlining the central theme of all the instruments discussed with regards to
the rights of children, a base has been established of the values and principles upon which the
protection against child labour is built. According to the international and regional instruments,
children should be protected from any form of exploitation. It is the duty of member states to
establish effective legislation and national programmes to protect children from child labour.
Despite a few gaps in some of the instruments which may make it difficult for child labour to be
controls, the instruments, discussed in this chapter set standards which the countries must follow
when enacting their own child labour laws. Therefore, it is against this international background
of child labour that the analysis of child labour protective laws will be conducted below.

23
2.10 NATIONAL LEGISLATION OF CHILD LABOUR
This chapter evaluates the effectiveness of the laws in relation to child labour. It seeks to realize
whether these laws have done much so as to away the social-economic evil of child labour and
the loopholes in the law that have led to its continued existence.

2.11 THE CONSTITUTION OF THE REPUBLIC OF UGANDA 1995

The constitution is the supreme law of Uganda and therefore it provides for the protection of
children from hazardous and exploitative work this means that no person will be subjected to
forced labour so it provides for protection against it70

Article 34(4), provides that children are entitled to be protected from social and economic
exploitation and shall not be employed in or required to perform work that is likely to be
hazardous or to interfere with their education. Harmful to their health or physical, mental or
spiritual, moral and social development71.

The constitution goes ahead to define a child to mean a person under the age of sixteen years this
means that a person under the age of sixteen is a child and therefore should not be subjected to
forced labour72.

The constitution further imposes an obligation on parents and care takers of the children to
ensure that the children are not exposed to any kind of forced labour or exposure to any
hazardous materials that can be dangerous to their health73.

70
Article 25(2) Constitution of the Republic of Uganda 1995
71
Constitution of the Republic of Uganda 1995
72
Article 34(5) constitution of the republic of Uganda
73
Article 34(1) constitution of the republic of Uganda.
24
2.12 THE CHILDRENS ACT CAP 59
A child is defined as a person below the age of eighteen, therefore any person who is below that
age is to be considered as a child74. However according to the supreme law of the land, for
purposes of employment provides a child to mean a person below the age of sixteen75, therefore
the constitution over rides the children’s act.

No child shall be employed or engaged in any activity that may be harmful to his or her health,
education mental and moral development76,it is further stipulated that I unlawful to subject a
child to social or customary practices that are harmful to the child’s health these acts include
female genital mutilation, child sacrifice and others.

2.13 THE EMPLOYMENT ACT 2006

A child for purposes of employment is defined to mean a person below the age of eighteen years,
this gives the same definition as that of the constitution77. This act prohibits the use of any person
including children in compulsory labour or forced labour78.

Section 32(2), provides that children under the age of fourteen years shall not be employed,
however it provides for an exclusion incases of light work carried out under supervision of an
adult over the age of eighteen years and doesn’t affect the child’s education79.

Light work is defined to mean work which is not likely to be harmful to the health and
development of children and work which doesn’t interfere with their education80, also section 2
defines it to mean work that is not physically, mentally and socially injurious to the child81. This
sections reveal loopholes due to the exception provided, it shows that the action is not strict
enough to prohibit child labour because of the exception that people can always exploit and
employ children in what they consider as light work yet actually affects the health and education
of the child.

74
Section 2 Children’s Act Cap.59
75
Constitution of the republic of Uganda 1995
76
Section 8 Children’s Act Cap 59
77
Section 2 Employment Act 2006
78
Section 5 Employment act 2006
79
Employment act 2006
80
UN Convention
81
Employment act 2006

25
Under section 32(4), provides that a child shall not be employed in any employment or work
which is injurious to his or her health, or otherwise unsuitable and an employer shall not
continue to employ a child after being notified by the labour officer. This seems more like a
loophole in the law, meaning that where work is hazardous or injurious a child can actually be
employed and in cases where the labour officer doesn’t notify the employer about discounting of
employment they can actually carry on with employment. This section also stipulates that a child
shall not be employed between the hours of 7am to 7pm this section actually encourages child
labour and such ambiguities I the law have been exploited and actually child labour more reasons
why child labour is still prevailing.

2.14 Conclusion

On assessment of both National and International legislation it is evident the impact that
legislative mechanism have to curb child labour. There has been positive progress from the drop
of the number of child labourers globally. Our domestic legislation has shown efforts to
implement both ILO provisions and ACRWC. Labour law enforcement mechanisms and
criminal law mechanisms have not been effective as it should be. Effective enforcement would
lead to more progress.

26
 CHAPTER THREE

3.1 CAUSES OF CHILD LABOUR

Poverty

Poverty and child labour are extricable linked and poses the greatest challenge to many
countries. Most families struggle to get to get rid of poverty and therefore children have been
involved in the struggle hence getting pushed into work at a very early stage so as to supplement
on the low incomes of their parents. The UNHS 2009/10 Report estimates that 24.5%
representing 7.5 million of the population is poor. Out of the 7.5 million,5.8 million live in
chronic poverty mostly in rural areas. This degree of poverty compels household and
communities to use children for labour. Children out of necessity have to work so as supplement
family incomes and support themselves in school.

High population growth

According to the Ugandan Demographic Household Survey Report 82, shows that Uganda has the
highest growth rates at 3.2%. This is exacerbated by the high fertility rate of 6.7% children per
women compared to the Sub Saharan average of 4.8. the high population growth and fertility
rates has resulted in large families and a high dependency ratio, which compels some school
going children to go to work at early age to supplement the family income due to the high
dependency levels.83

High drop-out rates

The introduction of Universal Primary Education (UPE) and Universal Secondary Education
(USE) policies had led to an increase in enrolment. Despite the gains from these policies,
Uganda has the highest school dropout rate in East Africa. The MOES school census data shows
that out of the 890,997 pupils who enrolled in p.1in 2003, only 4444, 109(50%0 sat PLE in 2009.
The contributory factors sighted for the high dropout rate among children include poor or
inadequate school facilities, high teacher absentism.lack of access to scholastic materials, high
cost of non-tuition items as well as a centralized curriculum which is not responsive to the

82
2005/06(UDHS 2005/06)
83
UNESCO REPORT 2010

27
unique economic activities of some communities. Children who drop out of school before
completion of their primary seven have limited opportunities to join tertiary institutions for
formal skills development training. Lack of skills for gainful employment and livelihood exposes
these categories of young people to risks and vulnerability that drives them into child labour.

Growing trends in HIV/AIDS

The scourge of HIV and AIDS contributes to the vicious cycle of child labour by exacerbating
the poverty levels of households and adding to the supply of child labourers in the labour market.
A higher burden is placed on girls who often have to provide care and household services to the
family when a parent becomes ill or dies and also work outside the home to meet the additional
expenses. It is estimated that 1.2 million people are currently living with HIV in Uganda
(including 150,000 children) and an estimated 64000 people died from AIDS in 200984. HIV and
AIDS associated illness often increase family health care expenses, indebtedness and inhibit the
ability to earn an income. In households where one or both parents are terminally ill or have died
of AIDS, there is no source of income or money to pay for school fees and other related
expenses.

Natural hazards, wars and internal conflicts

Natural hazards particularly droughts, and floods in some parts of the country lead to crop
failure, subsequent, recurrent hunger and starvation, which drives children to work. Such hazards
have led to influxes of people migrating to urban centers in search of employment and survival.
These displacements have led to a significant number of children being out of school and at the
risk of child labour and other abuse.

Wars and internal conflicts contribute to the displacement of families. Insurgencies in Uganda
have resulted in a high proportion of deaths especially for young males and the internal
placements of people. Armed conflicts disrupt livelihoods, support systems and intensify poverty
among the communities. Armed conflict has also been associated with high levels of domestic
violence, exploitative sex and child headed household.

84
UNAIDS Global Report 2009/10

28
Misconception of light work

Some children in the country are engaged in exploitative and hazardous work because of the
traditional value placed on child’s labour as opposed to child work and the importance of
teaching children to be hardworking is still a norm adhered to in many households in the country.
In peasant farming communities, parents withdraw children from school for at least three to four
weeks per term during the planting and harvesting season. These practices perpetuates the
misconception between light work and child labour.

Vulnerability of children

Child labour in Uganda is also linked to the multiple vulnerabilities and the inadequacy of social
protection mechanisms to reach and support them. Children constitute 57.4% of the population
and they are the most vulnerable group85 it was revealed that 51% of all children are vulnerable
and out of these, 43% are moderately vulnerable while 8% are critically vulnerable and require
external assistance86. The high level of child vulnerability is attributed to poverty where three
million children still live below the poverty line, general gaps in the national OVC response,
internal conflicts in some parts of the country and most importantly the impact of HIV and
AIDS, which has left many children orphaned. Currently, one in every four households in
Uganda has an orphan87. Although government has introduced a number of pro-poor social
protection programmes, the services provided by these programmes are still inadequate in scope
and coverage. Child vulnerability is further in compounded by inadequate capacity of the
statutory protection system and community based structures to identify and report cases of abuse
and exploitation of children.

Disability is one of the conditions that lead to increased vulnerability, poverty and
marginalization. It has a close relationship with child labour,. Children with disabilities are less
likely to be in school and face various forms of exclusion, discrimination, stigmatization and
neglect. The lack of a disability friendly environment at school aggravates their risk of being

85
UNHS 2009/10
86
OVC Situational Analysis Report(2009/2010)
87
OVC Situational Analysis Report 2009/10

29
pushed into child labour. Children with disabilities may also be more at a greater risk of
workplace health and safety hazards, which may result in more serious impairment88.

Urban migration

Many rural families migrate to urban areas because of rural push and urban pull factors. As a
consequence of that, they are often forced to live and work in the street as they lack access to
basic requirements such as water, food, shelter etc. and these children become street workers as
vendors mostly workers are vulnerable to violence and become more susceptible to illegal works,
such as stealing, trafficking drugs and prostitution. These children live in urban poverty, many
children labourers live in unhealthy poor conditions slum areas and work in poor environment
such as domestic work.

Corruption

This is the one of main reason for abusing resources, wherever there is poverty; there is also
corruption89. “Corruption exacerbates poverty and inequality, undermines human development
and stability, encourages and sustains conflict, violates human rights and erodes the democratic
functioning of countries90. Corruption among government officials is another reason that hinders
social and economic growth and increases poverty. Corruption can have hugely negative effect
on children’s right that deprives basic services such as health care, education, and infrastructure.
Corruption can diminish children’s ability to escape poverty, for example in cases where
employers corrupt labour inspectors to hire underage children.

Cultural factor

Culture is another factor which is driving children into labour market. Different cultures of many
societies make children start work at very young age which are related to traditions and cultural
factors. They assume that children need to learn skills that can b good for their future. Parents
prefer their children to work because they consider it beneficial for them as they learn work skills
so that they can help in contributing towards family income.

88
Aid partnership programme and social development research 2010
89
Murphy 2005
90
UNDP 2012

30
3.2 LIMITATIONS OF CHILD LABOUR
Much as there is a law prohibiting child labour in Uganda it has not been easy implement the set
law due to a number of factors.

Inadequate stuff and limited logistical support for labour officers to under regular inspections.
This has been identified as a major constraint in enforcing the rights of children.

Inadequate expertise in the area of child inspection and weakness in the verification of the age of
working children have also hindered effective enforcement of children’s right in relation to child
labour. In Merkur Island & shipping corp v Laughton & others91, Lord Diplock stated;

“Absence of clarity is destructive of the rule of law. It is unfair to those who wish to preserve the
rule of law, it encourages those who is to undermine it”.

Lack of adequate information. There is lack of adequate information on the statistics per district
and yet child labour is highly practiced. The lack of comprehensive data and information on
child labour constitutes a serious gap in the effective implementation of the programme.

Inspection system

Labour officers play a vital role in the enforcement of child labour through labour inspection.
According to the laws the labour inspection should include inspection of premises, working
conditions and employee’s register among other things. The challenge is with the domestic sector
which is out of reach for labour inspectors and other authorities since the children live in their
employer’s house. In most if not all cases there is no written contract between the employer and
the child hence making such investigations hard. Inefficiency in the system.

Difficulty in inspection of the informal sector

This is due to the nature of work done by the children. Such children move from place to place,
there is no register and the government agencies lack resources to investigate child labour in
informal sector92. Despite the difficulty to inspect there is need for community programmes to
help prevent child labour in the domestic sector. The children are usually presented as relatives
hence making it difficult to know their working conditions.

91
( 1983) AC 570 at 612
92
Collete A Suda,The Invisible Child Work in Kenya 2001 vol 2,4

31
Child labour laws are also ineffective since they mainly regulate the formal sector. Domestic
labour laws mainly regulate employment of children in specific sectors such as mining,
manufacturing, fisheries plantations and manufacturing industries93. The laws don’t have a legal
minimum age for those working in the informal sector hence allowing an arena for child abuse.

Ignorance of law and hazards of child labour among the people. This makes it hard for leaders to
enforce the law within a population that is ignorant of their rights. Consequently incidents of
child labour will go on unreported because it cannot be comprehended.

Corruption on the part of officers. Some labour offenders go without any form of punishment as
provided for under the employment since they have bribed the officers.

Inadequate stuff and limited logistical support for labour officers to under regular inspections.
This has been identified as a major constraint in enforcing the rights of children.

In conclusion, much as there is a lot of combined efforts by many organizations to curb down the
problem of child labour. The challenges are still many in its implementations, poverty, and the
urgency to provide for their families such children resort to child labour. As stated above it is
difficult for the labour inspectors to gauge the working conditions of these children due to the
private nature of the sector. The working area is usually private homes. There is need for
analyzing the regulatory mechanism and provide recommendation on how to address these.

93
Collete A, The Invisible Child Worker in Kenya 2001 vol 2,4

32
3.3 EFECTS OF CHILD LABOUR
Child labour has several negative impacts. Some of them include;

Loss of quality childhood

It is important for human beings to enjoy every stage of their development. A child should play
with friends and make memories for a lifetime. Youths should explore life and form strong
foundations that would define their adult lives. Child labour, therefore, leads to loss of quality
childhood as children will be deprived of the opportunity to enjoy the amazing experiences that
come with being young. Children are often encouraged to play because it helps in their growth
and development. A child forced to work will miss many of the good things associated with
childhood.

Health issues;

Child labour can also lead to health implications due to undernourishment and poor working
conditions. It is highly unlikely that people who employ children also have the moral capacity to
ensure that they have good working conditions. Working in places such as mines and badly
conditioned factories may result in life time health issues for children employed to work in these
places. A child assigned physically demanding duties may suffer physical trauma that may scar
him or her for life.

Mental trauma:

It is not a pleasant experience to be kept working as a child while your age-mates are out playing
and going to school. Children also lack the ability to shield themselves from most of the
challenges that occur in the workplace. Issues such as bullying, sexual exploitation, and
unfavorable working hours may result I mental trauma in these children. They will find it hard to
forget the past and may become societal misfits because of bad childhood experiences. Child
labour may also result in the lack of emotional growth and thus insensitivity.

33
Illiteracy:

Children that are employed don’t have the time to go to school. They spend a lot of time in their
workstations as the days and years go by. The lack of education and illiteracy makes them
individuals with limited opportunities as far as employment is concerned. Education also
prepares a person for several challenges in the society and without it one may turn out to lack the
basic skills required to overcome many of life’s problems. An individual who has gone to school
may be aware of how to approach certain situations in life without resorting to brute force. An
illiterate person, on the other hand, considers force to be the only answer to nearly all of the
challenges experienced.

Conclusion, child labour is of greater danger to health and well-being of any child as discussed
above. Therefore the government and stake holders should look for all the possible ways to curb
this problem in the country.

34
 CHAPTER FOUR

4.1 DATA ANALYSIS

This chapter analyzes the data collected and the tools used in the collection. This chapter will
consider the source of information used, the procedure used in the data collected, and the
findings from the data collected in relation to the objectives of this study.

Objective 1

To identify the causes of child labour

The source of information used under this objective was the internet, textbooks and journals.
Under this data collected the main cause of child labour was mainly poverty in society. During
the analysis of the data collected it was realized that poverty and child labour go hand in hand94.
This is because most families struggle to get rid of poverty hence children getting pushed into
work to supplement on the low income of their parents. Another common factor pointed out was
the high population rate. This is due to the high fertility rate among the females. The procedure
used here in the analysis of the data was comparison between the different data collected from
the different sources. In my own analysis, the major cause of child labour in Uganda and the
world at large is poverty. This is accorded to the low incomes which pushes families to engage
children into labour as a way to supplement on the incomes.

Another factor that was considered under this data collection was the high population rates. Most
countries that are suffering the problem of child labour are more of countries with a high
population rate. The high population rate is accorded to the high fertility rate in the high
populated countries like Uganda and the Sub-Saharan95 The procedure used under this factor was
comparison with other countries with high population rate like Sub-Saharan. In my findings, out
of the comparison I discovered that these two countries have a high population rate Uganda
being 3.2% and the Sun-Saharan 4.8%. Therefore it’s due to this high population rate that it leads
to high dependency rates in the highly populated areas in a way to curb down the problem

94
Grimsrud B and Stokke L J Child labour in Africa: Poverty or Institutional failures: the cases of Egypt and
Zimbabweavailable at http://www.fafo.no/pub/rapp/233/233.pdf accessed on 03 September 2014.
95
ILO Special Multimedia Report,Child Labour in Malawi available at http://www.ilo.org/global/about-the -
ilo/multimedia /features/malawi/lang--en/index.htm accessed on 28 July 2014

35
children end up being forced into child labour so as to supplement on their families incomes and
reduce on the dependency levels thus leading to child labour.

The misconception of light work. This is also another major factor that was discovered to be a
96
cause of child labour. In analyzing of text books like ,Harvey explains this as a loophole in
many laws of many countries. Children end up being engaged in the exploitative and hazardous
work because of the traditional value placed on child’s labour as opposed to child work97. The
procedure used under this was comparison of the different laws in relation to the definition of
light work. The ILO Findings don’t give a specific definition of light work and neither do the
national laws inrelation to child labour. Therefore in my findings this is a loophole in the law that
is being utilized by very many people in the employment sector especially domestic sector98this
is done with a conception that almost all work doesn’t amount to child labour. Hence leading to
increasing numbers of children being employed thus increasing numbers of child labour in
Uganda and other countries like Kenya and South Africa.

Objective 2

To identify the effects of child labour in Uganda

The source of information used here was observation and internet.The following findings were
discovered.

Loss of quality child hood. It leads to loss of quality child hood as children are deprived of the
opportunity to enjoy the amazing experiences that come with being a child99This means that a
child forced to work will miss many of the good things associated with child labour. The
procedure used in analyzing of this data was comparison with other data collected from the
internet. I analyzed the data in comparison and discovered that many children are forced into
child labour at a very tender age of around ten (10) years. This is because most children have no
say about what goes on their lives. This makes the children miss out on many things that they

96
W.B Harvey,Introduction to the Legal System in East Africa pg.67
97
Understanding Children’s Rights to Protection’available at http:www.humanium.org/en/fundamental-
rights/protection/accessed on 16 September 2014
98
International Labour Organisation_Child labour and domestic work’available at
http://www.ilo.org/ipec/areas/Childdomesticlabour/lang----en/index.htm(accessed on21 August 2014
99
UNICEF the situation of Women and Children: Malawi’ Available at
http://www.unicef.org/malawi/children.html:accessed on 04 September 2014

36
can do as children like playing with others, creating memories. This makes the children start
behaving like adults since they are always working with adults. Thus depriving them of their
child hood as children. Therefore, this is one of the effects discovered in Uganda and other
countries.

Health issue is another effect discovered from the data collected. Child labour can alsolead to
health implications due to undernourishment and poor working conditions100This is because it is
highly unlikely, that people who employ children also have the moral capacity to ensure that they
have good working conditions. The data here was analyzed by comparison with other countries
experiencing child labour. Walakira in his journal101, he states that many children suffer health
issues due to be being exposed to hazardous labour. He further states that, due to many working
places not being fully provided for to fit the demands of the children. The children end up being
exposed to adult environment hence facing health issues which can lead to many diseases and
hence shortening their life span. Like working in the mines, fisheries and factories102

While Morris and Read103, they state that many children are involved in work in mines,
industries which realize fumes that are dangerous to their lives and these children are not
provided for with protective gears to protect them against such condition. This leaves the
children exposed to such hazardous environment which is dangerous and causes diseases. Hence
leading to short life span. In my analysis of the data collected, I discovered that children who
involved in child labour their life is lowered due to the hazardous environment they are
employed in. The children employed in mines, the dust affects their health leading to diseases
which lowers their life span. And those I the fisheries during my observation, these children
drown in water since they are not skilled in swimming. Therefore child labour is of a very great
effect to children in Uganda.

Illiteracy, is another effect from the data collected. Children employed don’t have time to go to
school. They spend a lot of time in their work stations as days and years go by. The lack of

100
UNICEF Towards an AIDS-Free Generation-Children and AIDS: Sixth Stock taking Report (2013) available at
http://www.avert.org/children-orphaned-hiv-aids.htm
101
WalakiraJ;Interpretation of Child Labour in Uganda,2006
102
Kabasiita M Combarting child labour in Uganda: Challenges and prospects from a development perspective’
2009,Casestudy:KisenyiSlum,Kampala District availavble at
http://uir.unisa.ac.za/bitstream/handle/10500/4670/disseertation_kabasiita_m.pdf? Sequence1 accessed on 17
April 2014
103
Moriiss and Read (1966),The British Common wealth Series No.13 2002

37
education and illiteracy makes them individuals with limited opportunities as far as employment
is concerned. The data was analyzed by comparison with areas not affected by child labour. In
my findings, I realized that areas where there is no child labour,and children in these areas have
time to go to school and also their opportunities to gain employment is very high. Compared to
areas where children don’t have time to go to school but are always working. Therefore this
means that children who are involved in child labour, have no time to go to school since most
time is dedicated to work. Thus reducing on their level of opportunities of being employed since
they lack education.

Mental trauma. The source of information here was, the internet 104. The ILO in its findings it
observed that children involved in child labour face a problem of child labour mental trauma.
This is because these children lack the ability to shield themselves from most of the challenges
that occur in the work place. Issues such as bullying, sexualorientation, andunfavorable working
hours result into mental trauma in these children. The procedure used for the analyzing of this
information was through comparing with other literature reviews on mental trauma by children
involved in child labour. In my findings, I realized that it’s hard for very many children who
have been involved in child labour and experienced such bullying. It’s hard for such children to
forget the past and may become societal misfits because of bad childhood experiences. This may
also result into the lack of emotional growth and thus insensitivity. Therefore child labour is a
very big problem to the children’ mental ability105.

Objective 3

To look at the law on child labour in Uganda

The source used the internet and library.

Domestic

The Constitution of the Republic of Uganda 1995

Article 34(4) provides for the protection of children from socio-economic exploitation and
restricts them to perform work that is likely to be hazardous or to interfere with their education

104
Available at http://www.ilo.org/ipec/facts/ILOconventionsonchildlabour/lang-en/index.htm
105
International Labour Office. International Programme on the Elimination of Child Labour(IPEC)Child in hazardous
work:what we know,what we need to do (2013)3 available at http://www.ilo.org/wcmsp5/groups/public.

38
or to be harmful to their health, mental, spiritual, moral, social development. Chapter 4 provides
for the protection of the child from hazardous exploitative work. It clearly states that children are
to be protected from the social and economic exploitations and they should not be employed in
or required to do work that is likely to be hazardous or interfere with their education. The work
should not be harmful to their health or physical, mental, moral, or social development.

It should be noted however, that such a clause in the constitution, is silent about children
employed in domestic work. It only talks about exploitative labour. This makes it less or of no
importance in accordance to children employed in domestic child labour. Data here was analyzed
by comparing with other laws like the ILO Convention106, some of the provisions in the
convention ratified by Uganda are vague and give room to misinterpretation. Both laws don’t
indicate the need for special mechanisms to ensure the eradication of child labour. Especially the
minimum age on which a child should not be employed. This gives an impression that it would
be sufficient to establish a minimum age without putting up institutional mechanisms to ensure
compliance

The employment Act 2006

The legislation doesn’t perceive a home where domestic worker resides and works as a work
place. Instead it considers a home as a private entity, making it hard for labour inspectors to
inspect the home if they suspected any abuse of any sort.

Section 32107, deals with the right of the children. The law attempts to protect under age children
who for whatever reasons work. The laws states that children under the age of 14 years should
not be employed in any business, undertaking , or a work place. Except for light work that can be
carried out under the supervision of an adult who is over 18 years and that work does not allow
the children’s education. The clause however, good it may be, does not protect a child employed
as a domestic worker who needs protection more than children the law is purportedly trying to
protect. The procedure of data analyses was comparison with the ILO No. 108, article 1109
indicates the immediate necessity to have effective measures to ensure eradication of child
labour. This indicates that there is a categorization of the forms of the forms of child labour from

106
No. 138
107
Employment Act 2006
108
182
109
ibid

39
the worst forms to the tolerable kind110.in my analysis, therefore I realized a loophole in the laws
which gives room to employers to employ the children because to the lightness of the law. The
room given an categorization of the kinds of labour leaves room for exploitation.

The Children’s Act Cap 59

A child is defined as a person below the age of eighteen, therefore any person who is below that
age is to be considered as a child111. However according to the supreme law of the land, for
purposes of employment provides a child to mean a person below the age of sixteen 112, therefore
the constitution over rides the children’s act.

No child shall be employed or engaged in any activity that may be harmful to his or her health,
education mental and moral development113,it is further stipulated that I unlawful to subject a
child to social or customary practices that are harmful to the child’s health these acts include
female genital mutilation, child sacrifice and others. The data collected here was analyzed aby
comparing it with the African Charter on the Rights and Welfare of a child. The ACRWC
defines a child to be any human being below the age of 18114. The ACRWC embodies the
cardinal principle of the best interests of a child. It provides that all action concerning the rights
of a child has to consider the best interests of a child115. Article 4.2 on the other hand does not
carter foe a child who cannot communicate this is discriminatory for children who have physical
impairments or those who cannot communicate due to age. Therefore due to a loophole in both
laws the employers have gone ahead to exploit such loopholes in the law and go ahead to employ
the children because of such weakness without being explicit about children concerned.

110
Noguchi Y,International Journal on children Rights,2010
111
Section 2 Children’s Act Cap.59
112
Constitution of the republic of Uganda 1995
113
Section 8 Children’s Act Cap 59
114
Article 2,African Charter on the Rights and Welfarew of the Child,Nov 29,1999
115
Article 4.1,African Charter on the Rights and Welfare of the Child,Nov 29,1999

40
 CHAPTER FIVE

5.0 RECOMMENDATIONS AND CONCLUSIONS TO THE STUDY

5.1 Introduction

As highlighted so far the legal framework governing child labour has been progressive and has
been able to curb child labour. However, childlabour continues to be a problem in Uganda and
other parts of Africa. There is need to analyze what more can be done to ensure that the number
of children engaged in child labour progressively declines.

This chapter will thus entail the recommendations and conclusion to the study. This chapter will
give further remarks on what can be done to fill in gaps in the legal framework and
recommendations on the formulation of child-centered policy on the eradication of childlabour.

Eliminating child labour in Uganda

Recommendations on objective III to look at the law on child labour

The complete eradication of child labour needs a critical evaluation of some of the steps
currently being taken by the institutions and the enforcement of new mechanisms to ensure
effective eradication. One of the steps already taken is the ratification of ILO Convention 182 on
the Worst forms of Child labour and ILO convention 138 the Minimum Age Convention. The
domestic laws that have ensured implementation of the ILO convention 138 the Minimum Age
Convention. The domestic laws that have ensured implementations of the ILO convention 182
under the employment Act, it also outlines the minimum age for employment is sixteen years.
Below are some of the recommendations that can be implemented.

i. Fulfilling obligations under the CRC. The CRC Committee has stated that there is a need
to improve data collection to get a full view of child labour situation in the country. This
will allow a country to assess what measures still need to be taken to eliminate child
labour in all its forms. The CRC id concerned about the enforcement mechanism, and the
inadequate technical capabilities foe data collection, analysis, and reporting which are

41
 significant in order to obtain a sufficient enforcement of the legislation116. The ILO has
communicated that the enforcement procedure is on the right track, but one of the major
concerns is that penalties should be imposed in practice, to be able to effectively enforce
the legislation117.
ii. Labour inspection is a tool that can be used in the eradication of child labour in the
country. The labour inspection system under the Occupational Safety and Health Act 118.
Labour inspection system under the Occupational Safety and Health Act which provides
for the Occupational Safety, Health and Injury Benefits Authority (OSHIBA). The
authority has a mandate to implement the act, improve and ensure health and safety and
good working conditions for the employers119. Labour inspectors have the power to
inspect and enter into premises at any time without any notice to the employer120. Such
inspectors would check on the working conditions of the employees and if any safety
precautions have been taken up to ensure that no harm is being inflicted on the employee.
Labour inspection would confirm that employees are not under the age of 16 and those
employed between age 16 and 18 do not perform worst forms of child labour. Labour
inspections should aim to target every sector.
iii. Trade unions are an important tool that can be used for the eradication of child labour in
the country. Trade unions are very influential and active in various issues affecting
employees throughout the state and have interconnected goals to ensure the eradication of
child labour. Child labour is a trade union issue because it is a violation of human rights
and a cheap source of labour for employers among other reasons. Trade unions can
support the cause by coming up with a trade union policy against child labour121. The
policy should cut across all sectors in the economy. The policy should oppose all forms
of child labour and uphold children’s right such right to education and the minimum age

116
UN Committee on the Rights of the Child (CRC),”Consideration of reports submitted by states parties under
Article 44 of the Convention, 2006.
117
UN Committee on the Rights of the Child (CRC),”Consideration of reports submitted by states parties under
Article 44 of the Convention, 2006.
118
Occupational safety and Health Act, No.5 of 2006.
119
Section 6 Occupational Safety and Health Act 2006.
120
ibid
121
ILO,”Trade Unions and Child Labour ,A Tool for Action” ILO Journal [2016],24

42
 of work to comply with ILO provisions122. The government should ensure that this
initiative is well funded in order to achieve its mandate.
iv. Legal awareness and literacy would be important to ensure the elimination of child
labour. There is need to reach out to areas most prone to child labour and areas with a
high number of OVCs. Education on the effects both physical and psychological would
deter parents from engaging children in hazardous activity.
v. There is also need for safe-reporting mechanisms to ensure that citizens are able to
inform the authorities on any suspicious activity if an employer engages a child in any of
the worst forms of child labour.
vi. OVCs also need protection due to their vulnerability they are prone to perform any kind
of work to ensure that their families can have basic needs. This can be regulated by
taking up measures to eradicate poverty and prevalence of HIV which leaves children as
orphans. Eradication of poverty would reduce the number of OVCs throughout the
country and allow them a chance to education.
vii. Vocational training can be used as a means to deter children from child labour.
Vocational training is an educational service aimed at equipping a person with skills to
make him more sufficient. Vocational training can deter child labour by enabling children
to access basic needs ,rehabilitation of children who have need support after being
exposed to hazardous work123. It can also introduce children to income-generating that
can help them assist their families124.
viii. There is also need for policy guidelines on what constitutes light work. This policy will
provide a list of work for children between the age of 13 and 16. Light work can
constitute non-hazardous work which can allow children to learn the roles they are
expected to do in adulthood.

122
ILO ‘Trade Unions and Child Labour, A Tool for Action’ ILO Journal,[2016],28
123
Pius M,’Addressing Child labour Through Vocational Training’, Issue No.6[2007],4
124
Pius M,’Addressing Child Labour Through Vocational Training’, Issue No.6 [2007],4

43
Recommendation for objective (i) to identify the causes of child labour in Uganda

Development of child- centered Policy

This section of the chapter entails the need of developing a policy that promotes the best interests
of working children. Working children in this context would mean children who have attained
the age of 16 and are not performing work that does not entail worst forms of child labour. A
child-centered policy will take into account the opinions of a child before making any laws that
may affect them.

Various factors have to be taken into consideration before coming up with the policy. This
approach will entail how the child experiences the work, appropriateness of the work and the
interventions in work taking into account the effects the work may have on the child 125. There is
need to respect children and evaluate their potential and individuality this will allow them to
effectively communicate their opinions on the basis of what is best for them.

A child-centred policy would entail understanding the impact of work in children’s lives and
assessing the impact of this work on both a physical and psychological basis 126. Understanding
work in children’s lives would allow one to be aware of how work relates to their personal lives.
Children may view work as a learning experienced and a chance to help out in the family
probably due to poverty affecting them. Assessing impact of work on children must be done both
positive and negative effects. Correct data must be analyzed and negative assumptions of work
should not be blindly drawn. One of the positive impacts is the increased levels of responsibility
a child acquires through work this is essential for the child’s development and survival127.

A child centred policy can be guided by various principles. Any action done by the government
should be based on accurate data on children’s work and the impact on their lives. The data
should include life situation of children, effects of work o children and how the work they do
affects their personal lives128. Policies put in place should ensure that they leave the child better
off. Interventions put in place would ensure that they work they engage in is safe. Children must

125
B Meyers, ‘Promoting the best interest of working children’2,US Education Research Center [1998],5
126
B Myers, ‘Promoting the best interest of working children’1998 ],8
127
Noguchi Y,ILO standards on Child Labour in relation to CRC,[2005] 13
128
Noguchi Y,ILO Standards on Child Labour in relation to CRC,[2005] 14

44
be involved in the policy-making procedure, under the CRC opinions of children should be
considered in matters affecting them129. The policy implemented should be regularly monitored
to ensure that it has achieved its objectives.

Education

The study has found that there is a connection between child labour and the education system.
Due to the poor education system in a country, or if a country fails to provide a free and
compulsory education policy. Children from marginalized families are left with no choice but to
leave school and seek employment. It is of great importance for a country to have a stable
education system to reduce the incidence of child labour. If children are given knowledge of
child labour and how to protect themselves from exploitation, they will have the power to report
the incidences. In addition, if children are equipped with information, it will make labour the
labour inspectors’ duties easier when conducting inspections as children will be available to give
evidence, knowing that they are fully protected by the law. Most children involved in child
labour, lack the necessary information regarding how dangerous child labour can be to their
lives. Therefore this can be achieved if an education system is developed that includes the
elimination of child labour.

129
Article 13,UN Convention on the Rights of a child,30 July 1990,1577 UNTA 147

45
5.1 Conclusion
This research has sought to evaluate the main areas the assessment of national and international
framework governing child labour and the development of child-centred policy to ensure the
best-interests of a child is safe guarded. The National framework has indicated that it has
complied with its obligations under the ratified instruments. The state has taken up the initiative
to enforce the Children’s Act to carter for the welfare of the child and the Employment Act to
carter for the welfare of employers and employees. In conclusion the National framework is not
conclusively comprehensive on all factors affecting children and it needs to be addressed.

Most countries have ratified the ILO convention 138 and ILO convention 182. This is very
progressive and the data indicates that there has been a significant drop in the number of child
labourers. However, some of the provisions are ambiguous and allow room for misinterpretation.
Some of the provisions give a wide discretion to state parties when it comes to the definition of
some terms. The ACERWC has also taken positive measures to ensure the implementation of the
ACRWC. State parties have been able to adhere to their requirements under the charter by
submitting state reports on the steps undertaken to implement the charter.

The development of a child-centred policy will take into account the voice of the child. It will be
able to factor in conclusively the type of work done by the child and how it affects the child.
Effects of work on children both physical and psychological must be assessed conclusively and
empirical data collected paying to both the positive and negative impact of work on children’s
lives. Child-centred policy upon monitoring will be able to indicate effectiveness due to the fact
that children affected by the policy would be able to airtheir opinion.

Furthermore, education should play a significant role in the control and elimination of child
labour. Nevertheless, child labour protective laws should be adopted taking into consideration
that the main purpose of the law, which is to protect and safeguard the rights and interests of
young children. Furthermore, in addition to a strong child labour legal framework, effective
enforcement and monitoring methods are necessary to prevent and eliminate child labour.

This research has made a contribution to the fight against child labour by emphazing that the
ultimate weapon forming the basis of this fight is good child labour law. The current child labour

46
Protective laws are deficient in several aspects. It is rather recommended that efforts should be
directed towards adopting a single child labour prohibition laws and regulations.

47
 REFERENCES
Books

Collins H, theories of Rights and Justifications of Labour Law London School of Economics
2011

W.B Harvey, Introduction to the Legal System in East Africa

Sebastian Angeret, Childlabour and Trade Unions in Uganda. Workers hand book 2003

Childlabour a textbook for University students.

Morris and Read (1966), The British Common wealth Series No.13 2002.

G.W Kanyehamba Constitutional Political History of Uganda from 1894 to present.

Rhona Smith, Textbook on International Human Rights, 2nd Edition Oxford Press 2005.

Journals

A practical guide to the ILO Convention No.82 (ILO and IPEC 2002)

ILO Handbook for Parliamentarians, ‘Worst Forms of Child Labour’ (2002)

ILO Tackling Child Labour, ’Commitment to Action’ (2002)

Isaiah Two Concepts of Freedom (1959)

Boden M, Child Labour; ’Promoting the Best Interest of the Working Child’ (1998)

Diallo C,’Challenges and strategies in improving Labour Stastics in Africa’ (2007)

DottridgeM,’Types of forced labour and slavery like abuse occurring in Africa Today’ (2011)

Noguchi Y, ILO Standards on Chils Labour in relation to CRC (2005)

Pakhare J, Domestic Child Labour (2007)

Tamar E, A positive Right for the Protection of Children,(2011)

WalakiraJ,’Interpretation of Child Labour in Uganda,(2006)

48
Pais Question of Child Labour from Child Rights Perspective (1998)

Kenya Integrated Household Budget Survey,’Child Labour Analytical Report’ (2009)

Online Journals

ILO Findings on the Worst Forms of Child Labour available at http;//www.un.org accessed on
16th February 2016.

Available at https://www.unicef.org/protection/57929_57990.html accessed on 10th October

2016

McKenna Transcript of Child Labour in Kenya, available at https://prezi.com/child-labour-in-

kenya accessed on 26th January 2016

US Department of Labour, Findings on the Worst Forms of Child Labour available at

http://www.dol.gov// accessed on 16th February 2016

Available at http://www.ilo.org/ipec/facts/ILOcnventionsonchildlabour/lang--en/index.htm

Available at http://plato.stanford.edu/entries/liberty-positive-negative/

The new vision supplement. World day against child labour available at
http://www.enteruganda.com/brochures/cldo6o6minhttp.

Child labour rooted in Africa’s poverty http//ww.un.org/ecosocdev/geninfol/afree/vol.15

REPORTS
A future without childlabour, Global report of ILO 2002.

Uganda Human Rights Commission 9th annual report to Parliament of Uganda of the UNHRC,
2005 published by UNRC.

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