Presentation by Human Rights Watch on the worst forms of child labour. Day 3 of the 6th ICGLR-OECD-UN GoE Forum on responsible mineral supply chains, 15 November 2013. Visit: http://mneguidelines.oecd.org/icglr-oecd-un-forum-kigali-2013.htm

1. 6th ICGLR-OECD-UNGOE Forum on Responsible Mineral
Supply Chains, November 2013
The Worst Forms of Child Labor in the Mining Sector
Laura Schülke, Human Rights Watch
schulkl@hrw.org

2. Introduction
•
Human Rights Watch: Research and advocacy on human rights:
- human rights and mining (large-scale and small-scale)
- child labor in various settings, including small-scale gold mining
(Mali, Ghana and Tanzania)
Children in an artisanal gold mine,
Kéniéba cercle, Mali
© ILO/IPEC

3. OECD Due Diligence Guidance for Responsible Supply Chains
Annex II, the Model Supply Chain Policy for a Responsible Global
Supply Chain of Minerals from Conflict-Affected and High-Risk
Areas, states:
Regarding serious abuses associated with the extraction, transport or
trade of minerals:
“While sourcing from, or operating in, conflict-affected and high-risk
areas, we will neither tolerate nor by any means profit
from, contribute to, assist with or facilitate the commission by any
party of:
i) any forms of torture […]
ii) any forms of forced or compulsory labor […]
iii) the worst forms of child labor”

4. Worst forms of child labor – What does international law say?
ILO C182: Worst Forms of Child Labor Convention, 1999
Article 2: “The term child shall apply to all persons under the age of 18”
Article 3: “Worst forms of child labor comprises:
a) all forms of slavery […] and forced or compulsory labour […];
b) the use, procuring or offering of a child for prostitution […];
d) 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.”

5. ILO Recommendation 190, on C182, 1999
Recommendation concerning the prohibition and immediate action for the
elimination of the worst forms of child labour
Section II. Hazardous Work:
3. “In determining the types of work referred to under Article 3(d) of the
Convention […]consideration should be given, inter alia, to:
– (a) work which exposes children to physical, psychological or sexual
abuse;
– (b) work underground, under water, at dangerous heights or in
confined spaces;
– (c) work with dangerous machinery, equipment and tools, or which
involves the manual handling or transport of heavy loads;
– (d) work in an unhealthy environment which may […] expose children
to hazardous substances […];
– (e) work under particularly difficult conditions such as work for long
hours or during the night or work where the child is unreasonably
confined to the premises of the employer.”

6. ILO Convention 182, Article 1:
“Each Member which ratifies this Convention shall take
immediate and effective measures to secure the prohibition and
elimination of the worst forms of child labour as a matter of
urgency”
• 177 States have ratified C182, amongst which: Burundi, the
Democratic Republic of the
Congo, Kenya, Rwanda, Tanzania, Uganda

7. HRW findings on child labor in small-scale gold mining
(Mali, Ghana and Tanzania)
Physical dangers of mining gold
•
Digging pits manually,
up to 70 meters deep
• Risk of serious injuries due to tools
• Prolonged exposure to dust
→risk of lung diseases
• Working underground in unstable
pits  risk of pit collapse
Two 13-year-old boys dig for gold ore at a
small-scale mine in Mbeya Region,
Tanzania

8. Two boys crush gold ore on a
gold rush site in Shinyanga
Region, Tanzania
A miner lowers down a deep
pit by holding onto a rope in
a small-scale mining site in
Mbeya Region, Tanzania

9. •
•
Carrying heavy loads → skeletal deformation
Mixing and burning mercury-gold amalgam → mercury attacks central nervous
system, can cause irreversible damage
A 13-year-old boy digging and lifting gold ore
at a small-scale mining site in Mbeya
Region, Tanzania
Sexual exploitation
• Girls of mining areas frequently victims of sexual exploitation due to high number
of single male miners → high risk of sexual violence, HIV and other STDs
Harm to education
• Children often miss classes and exams; drop out of school

10. Underlying causes of child labor include:
• Extreme poverty affecting vulnerable groups such as orphans
Lack of government action to support these vulnerable groups:
• Lack of socio-economic support
• Laws may exist but may not be implemented properly
• No care system for very young children whose families work on mining sites
Four-year-old girl in Tanzania plays in an
amalgamation pond contaminated with mercury
while adults process gold at a gold rush site
in Shinyanga region, Tanzania

11. Selected HRW recommendations on child labor in ASGM
To governments:
• Improve access to schools, vocational training, and childcare in mining areas
• Establish social protection schemes (such as cash transfers)
• Regularly inspect mines, impose penalties
• Improve care for mining-related health issues (ex: mercury)
To gold trading companies, gold refining companies and gold retailers:
• Due diligence policies, including on child labor  monitoring; visits to mines
• If child labor found urge authorities/suppliers to take action

12. To large-scale gold mining companies:
• Address child labor in small-scale gold mining as part of community
engagement strategies
To the conveners of this Forum:
• Conduct pilot program on child labor due diligence, include ILO as
stakeholder
• Develop detailed guidance on child labor in the minerals supply chain
A 15-year-old boy mixes
mercury and ground gold ore at
a processing site in Mbeya
Region, Tanzania