There is currently paucity of information regarding child labor in Malawi, especially the limits between what child labor is and what it is not and also the actual harm domestic employment exposes to children. This paper aims at identifying the main factors that promote children to move from the mainstream of society to indulge in child labor. Knowledge about these issues will better inform policy formulators, including religious organizations, traditional systems, parents and guardians, people who are indulged in child labor, and other concerned sectors in order not only mitigate the problem but also prevent those children not yet involved in the malpractice from doing so. This paper will further suggest the issue of demonstrations by traditional leaders and the masses to put pressure on Legislators and the government to pass legislations pertaining to child labor, for example the National Registration Bill; force government to enforce compulsory primary education, among other things.
Child labor, a blatant human right violation, continues to be a problem in Malawi despite many and increased efforts to stop it since the adoption of a Constitution that advocates for human rights and the rule of law at the advent of multi party democracy in the early 1990s. A number of non-governmental organizations have sprouted, which advocate for children's rights, which together with relevant governmental ministries and departments, have had a concerted effort to stop children’s exploitation and abuse, one of which is child labor. According to IRIN report of 2008, the Malawi Government has carried out a number of surveys on child labor in an effort to find out the reality on the ground and try to arrest the problem. Malawi is also a signatory to numerous Conventions against child labor, including the 1989 UN Convention on the Rights of a Child, the 1973 International Labor Organization Convention 138, which set a minimum working age of 18, and the 1999 International Labor Organization Convention 182, that outlawed child labor.. There has also been forced removal of children from places of child labor, especially in estates. The Malawi Government also introduced the free primary education in an effort to keep children in school.
The term child labor itself is elusive to define, and this has not helped matters. This is so because most societies expect children and young people to do some form of work, particularly in developing countries. According to a 2008 report of the International HIV and AIDS Alliance, this has made it difficult to differentiate between child labor, which harms children, and child work, which does not harm children. Nonetheless many quarters that have defined child labor, have all boiled down to as any work which by its nature or employment conditions is detrimental to a child's physical, mental, moral, social or emotional development. For instance, Article 3 of the 182 Convention of the International Labor Organization (ILO) emphasizes any work, which is 'likely' to harm a child's health, safety or morals. On its part the Constitution of Malawi regards a child as the one under the age of sixteen (The Constitution of the Republic of Malawi, May 2002); while the Employment Act of 2000 gives fourteen years as the minimum age of employment.
However, as much as there is this difference on what child labor is all about, reports agree that the most exposed and reported child labor activities are those taking place in tea and tobacco estates. These activities are also taken as the worst forms of child labor, on top of prostitution, child trafficking, slavery, and debt bondage according to the HIV\AIDS Alliance Report, 2008. Other places that this problem is found, but often ignored, are markets, bus deports, and train stations where children are involved in ganyu activities. But according to reports as well, the most ignored one is domestic employment, which according to ILO, is the biggest category of child labor, especially for girls.
Studies further show that apart from disasters, the issue of child labor result mostly from poverty; where the parents or parental figures are not meeting children's needs and wants, and expectations. Some of the children involved in this malpractice are complete orphans, while others have at least a living parent, the category of children that is driven into the malpractice as a survival means. Others are not orphans but have the consent of their parents or guardians, or their parents are in the same activities, especially in the estate sector. It was also revealed further that there is also another group, that of parents who do not have economic means to sustain their families. They, therefore, have little choice of authority to prevent their children from indulging in child labor. However, there is another group that is of deviants. These have living parents who can sustain their wants and needs having reasonable resources at home. But this group desire more than what their parents or guardians can afford. They, therefore, go into this malpractice to satisfy their desires. This then drives children into child labor either as individuals or as family agents. And it out of the sympathy that people have on poverty related child employment that societies have taken a lenient stand on child labor.
Further, study has also shown that all this is worsened by the fact that although there are numerous attempts by the government and the private sector to curb the phenomenon, there are a lot of serious shortfalls in these endeavourers. For example there is the issue of poor record keeping and lack of birth certificates to enable child protection officers to verify the ages of people suspected of being employed as child laborers. There is also lack of political will on the part of Legislators. It is a known fact that the National Registration Bill, the law to help in the issuing of birth certificates, was presented to Parliament in 2006 for ratification, but has yet to be passed according to IRIN Report, 2008.
The failure to enforce the law of the compulsory attendance of the primary school level by children on part of the government is also blocking the stoppage of the problem. And at moment there is no individual who has been brought to book for employing children has undermined the seriousness of the campaign to stop child labor. There is also a belief that advocating such ideas is seen as anti family or allows children have their own way.
So from these observations it is seen that the problem of child labor is very much prevalent in Malawi and that poverty is the greatest force that is driving children into child labor. This paper, therefore, is proposing a comprehensive cross sectional study to determine the various facets of child labor in Malawi, especially the sectors, such as domestic employment, that have been ignored as not worse enough to constitute to this on going phenomenon. But more importantly this paper believes in bringing to an end to this phenomenon by targeting religious organizations and traditional leadership. It has been shown in Malawi that religious leaders and organizations hold the highest esteem in societies. And that if they can be asked to spread the massage against child labor it will be more effective. In other words, it has been shown from studies that a number of good reports have been written about child labor and a lot of suggestions have been put forward but all these have tended to ignore the usefulness of religious and traditional leaders. Effective are traditional leaders in mobilizing masses and can be used to pressurize the Legislators in passing certain bills. If the same means are employed to pressurize the concerned parties to enact the bills that will help arrest the problem it will be effective.
In the end some of the topical issues one has to look at about child labor in Malawi are;
How child labor should be defined in Malawi
What drive these children into the industry
How do they perceive themselves
Do they think there is an alternative livelihood
What prevents them from exploring that other alternative of livelihood
What is their source of meals, health care, advice, etc
Do they know of friends who were in the industry but are no longer there
Where are those colleagues and what made them leave the industry
What is the relationship between children in child labor and the police and the community at large
How do these communities perceive children in child labor
What role do these communities play to help the children in child labor
What role are the government and other state institutions doing on the matter apart from the efforts already there
The number of other persons and other institutions trying to eradicate the problem
What has been the level and intensity of their campaigns in stopping the problem
What advice do they give to children who are not yet involved in the child labor
What skills do these children in child labor have
What skills could be developed