THE iMPACT OF CHILD LABOR LAWS IN GHANA

174 Pages·2002·7.15 MB·English

THE iMPACT OF CHILD LABOR LAWS IN GHANA:
A CRITICAL ASSESSMENT
ELIZABETH A. ARCHAMPONG
A thesis submitted to the Faculty of Law in
conformity with the requirements for
the degree of Master of Laws
Queen's University
Kingston, Ontario, Canada
September, 2001
Copyright @ElizabethA . Archampong, 2001
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ABSTRACT
Ghana has been faced with the problem of child labor from its pre-independence days to
present tirnes. To combat the problem various chiid labor laws have been enacted. This
essay examines the factors responsible for the persistence and rising incidence of chiId
labor in Ghana and wtk can be done to remedy the situation. An investigation of this
thorny issue with reference to domestic laws and international protocols is undertaken.
The argument made is that the things of greatest effect on the child labor problem are
certain socio-cultural practices, the character of economic life and the existence of an
economic demand for child laborers. There are also the problems of the quality and
avaÎlabiIity of sound education and the lack of effective law enforcement.
Recornmendations, which aim to curb child labor in order to aid the development process
in Ghana, are explored.
DEDICATION
To the mernory of rny beloved father,
Ebenezer Nii Adum Archampong
With this work, 1c elebnte what God has done and prepare for what God will do.
1 acknowledge the love and support of my entire family, particularly my parents,
aunts and uncles, without whose significant contribution 1 could not have come this far
and be what 1 am today. I especiaiïy thank Uncle Emmanuel and Aunt Lisette for my
education. To my dear mother, brother and sister, 1S ay thank you for king there for me.
1 thank my relatives and friends abroad, Aunt Fofo, Uncle Augustus, Aunt Comfon, Dan
Ardayfio and Elizabeth Nkwantabisah for ai1 the phone calls they made to check on me.
1 thank my supervisors Professors Phil Goldman and Rosemary King for guiding
me through this work. 1 greatIy appreciate their comments, comrnendations and
corrections as they reviewed the pages of this thesis. 1 have found in them friends and
mentors. 1 am also grateful to Mrs. Phyllis Reid for her cheerful srniles and timely
assistance in a11 matters. To Prof. Rosernay Rayfuse who was there for me right from the
beginning and who reviewed and offered ideas on my international law segment, 1 say
thank you.
1 am grateful to the Faculty of Law and the School of Graduate Studies and
Research for the financial assistance that made this work possible. 1 aiso thank the library
staff of the Faculty of Law for their assistance.
My gratitude goes to the Partners at my law firm Bentsi-Enchill & Letsa for their
support, encouragement and assistance. 1 am aIso gratefui to Ghana Airways for making
it possible for me to get travel to Canada. 1 give special recognition to the following
people who in diverse ways made it possible for me to pursue this program: Mi=
S.YBimpong Buta, Mr. Okyere, Dr. K.0.A Adinkrtih, Mr. Fred Anson, Prof. Akua
Kuenyehia, Mr;. Henrietta Mensa-Bonsu, Mr. Banneman Bruce, Mr. Prempeh-Eck and
Mr H. Quaynor. To my Ghanaian friends in Kingston, especially Louis, Peter, Lahans,
Benoit, Richard and Janet, I say thank you for making me feel very much at home. Thank
you Agnes, for being a great housemate. To my dear friends, the two Afuas and two
Frances', Susie, Victor, Michael, Betsy and Clifford 1 say thank you for pushing me to
get on this program. 1 am grateful for the friendship and companionship of my
coursemates and friends, especially Evis and Prasad. To Allison, my dear one, 1 express
my heartfelt gratitude for your love, support and cm.
Notwithstanding comments and suggestions of the individuals above, 1 am solely
responsible for any errors, omissions or imperfections of the contents of this work.
GLOSSARY OF ABBREVIATIONS
AFRCD Armed Forces Revolutionary Council Decree
CHRAJ Commission on Buman Rights and Administrative Justice
CING Children in Need Ghana
CLU Child Labour Unit
CRC United Nations Convention on the Rights of the Child
ERE' Econornic Recovery Programme
ES0 Ernployrnent Standards Officer
EURODAD European Network on Debt and Development
FGM Fernale Genitd Mutilation
FIDA Federation International de Abogadas or The International
Federation of Women Lawyers
m A Free Trade Agreement
fCUBE Free Cornpulsory Universai Basic Education
GDP Gross Dornestic Product
GEU Girls' Education Unit
GNCC Ghana National Commission on Children
GNP Gross National Product
HIPC Heavily Indebted Poor Country
LO International Labor Oganization
LOTEX Text of IL0 Conventions
IMF International Monetary Fund
N r n A North American Free Trade Agreement
NCWD National Commission on Women's Developrnent
NLCD National Liberation Cornmittee Decree
NLSCY National Longitudinal Survey of Children and Youth
Nvn
National Vocationai Technical institute
OAU Organization of African Unity
OECD Organization for Economic Co-operation and Deveioprnent
PAMSCAD Programme of Action to Mitigate the Sociai Cost of
Adjustment
SAP Structural Adjustment Prognmme
UN United Nations
UNICEF United Nations Children's Fund
TABLE OF CONTENTS
...............................................................................................
Abstract i
............................................................................................ .
Dedication r7 r
........................................................................
Glossary of Abbreviations iv
..................................................................................
Table of Contents v
..
............................................................................................
Preface
...vil
.......................................................................................
General Introduction 1
...................................
Chapter One (Introducing the Problem of Chifd Labor) 7
..................................................................................
1.1 introduction 7
.......................................................
1.2 Child Labor: the World's Problem 8
..........................................................
1.3 Child iabor: Africa and Ghana 11
1.4 Defining Child Inbor. .................................................................... L3
.............................................................
1.5 Perspectives on Child Labor 16
..................................................................................
1.6 ConcIusion 21
--
Chapter Two (International Standards on Child Labor). ................................ 73
--
..................................................................................
2.1 Introduction 73
..................
2.2 The United Nations Convention on the Rights of the Cfiild, 1989 25
..............................
2.3 African Charter on the Rights and Wehe of the Child 19
........................................................
2.4 IL0 Conventions on ChiId Labor 33
2.5 iLûConvention182andGhana ......................................................... 42
................................................................................
2.6 Conclusion -48
Chapter Three (Socio-Cuitural and Economic Factors promoting Child Labor in
................................................................................................
Ghana) 50
................................................................................
Introduction -50
.......................................................
Ghana's Historical Background - 3 4
Socio-cultural practices in Ghana and Child Labor .................................... 56
3.3.1 TheChildinGhana ....................................................... 56
................................................
33.2 The Girl Child in Ghana 59
...........................................
3.3.3 The Trokosi Systern in Ghana 63
...................................
Economic Factors Affecting Child Labor in Ghana 67
.................................................................................
Conclusion 76

PREFACE
She ivas about ten years old, small and busy. She wus standing by
the road, her eyes darting arorrnd at the cars passing by, a pan of
homemade plantain chips on her head. It was already late in the
aflemoori and her pile of plantain chips was still Itigh. The day was
to end soon and slie had ro go home with soniething substantial. Tlie
cars on the main road stopped, as orher cars tumed into the road
under the direction of a trafic warden. At that momenr, a man in a
car held rip by the trafic, beckoned ro rite girl froni among the
crowd of other street hawkers. She jumped ut the opportunity to
make a sale and walked fast towards the car. Just before she gor to
the car, the trafic began to Jow again and the car drove on. She
began to nrn after the car fisr slowly, then very fast, tlten
desperately fast. Her sandals came off (maybe she fked her legs
from the sandals in order to be able to run fmter). ïïze packets of
chips on her head began to fa11 ofl the pan. They were flying
eveqwhere but she did no; stop nrnning. The car changed lanes;
she ctrt tltrough the trafic and continired to m. Then the car
stopped again. Finally, slte got to seil one small packet of plantain
chips. With the money in hand slte walked slowly back to her station.
picking iip those chips tizar Iiad "suniived" the full and then lier
sandals. The other Itmvkers, made iip of young adults and children,
gave her a smile or a put on the back. Sorne said, "good girl, you
are leaming fast.'Vte d q w ould end soon and she would be back
on the road again early tomorrow moming and every moming,
seven days a week. She worild be on the road, selling beside and
rvithin the car lanes, pruying not ro get hir by a car. At the end of
each day she would retrrm home to account to lier mother.
This is a glimpse of the life of a child laborer on the streets, a comrnon sight too
in the markets of Accrx The services child labocers in Ghana offer differ and include
polishing shoes, wiping windshieIds, selling dog chahs, carrying goods for shoppers in
the markets, selling drinking water and pol-vthene bags. There are dso child laborers in
Stone quarries, fishing and those in the rural areas mainly working on farniIy fanns. Most
child laborers are sent out to work by their fadies. A smaller number are street children
who work to fend for themselves. Some of Ghana's child laborers attend school and work
after school but most of them are either not in school at al1 or attend school only
intermittently. These incidents of child Iabor in Ghana touch a significant part of the
country's population and need to be addressed.
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