The Failure of the Minimum Age Convention to Eradicate Child Labour in Developing Countries, with Particular Reference to the Southern African Development Community

Abstract

The Minimum Age Convention 138 of 1975 sets a general minimum employment age of 15 years. All work by children under this age is regarded as detrimental. Although developing countries may temporarily implement a lower age of 14 years (and 12 years for light work), many of these countries have adopted 15 years as the minimum age with no provision made for children to do light work, due to the complexity of the measures in Convention 138. In this article, the view is taken that the ILO's approach is not appropriate for developing countries. In terms of the culture of some of these countries, non-detrimental work by children is regarded as beneficial. Furthermore, children in these countries often have no choice but to work. However, the effect of the Minimum Age Convention is that child work below a certain age is not regulated and is even criminalized, with the effect that children are pushed into the worst forms of child labour. Although the worst forms of child labour should be eradicated with immediate effect, non-harmful work by children over the age of 12 years should be regulated rather than abolished. In spite of the fact that all countries in SADC have ratified the Minimum Age Convention, millions of children still work in the area, many of them involved in the worst forms of child labour. It is suggested that in order to protect children in SADC who have to work, a minimum age of 12 years for light work and a multilateral definition of light work should be adopted.