1.

INTRODUCTION
Children are the leaders of tomorrow and the future of a nation. They need to be properly guided and educated, so that they serve the society well and not be deprived of the joys of their childhood. In Ghana and Nigerian, children are involved in exploitative child labour due to a variety of complex factors, including: abject poverty; education system barriers; infrastructure barriers; legal and policy barriers; resource gaps; institutional barriers; informational gaps; demographic characteristics of children and/or their families; cultural and traditional practices; tenuous labour markets; and weak child labour law enforcement. Additional factors include: families need for additional income; childrens need to provide a livelihood for themselves and/or their siblings; lack of parent(s) or caregiver(s); and a lack of awareness of the importance of education and/or the hazards associated with exploitative child labour. The human, economic, social and health costs of not addressing these issues are enormous and pose a serious threat to our future as a society. Child labour is an issue of global social justice. In our interdependent world it needs to be perceived as our problem. The creation of an enabling environment for sustainable change requires upstream efforts at an international and national level as well as downstream efforts in families and communities. Interventions must be multi-sectoral and coordinated to achieve prevention, mitigation and elimination objectives in the short-, medium- and long-terms. They also build upon and reinforce positive community values and role models that promote the physical, emotional and intellectual well-being of children. A supportive political, institutional, legal and regulatory environment is necessary for achieving sustainable reductions in child labour. The ILO has recently estimated that some 246 million children aged 5-17 years are engaged in child labour around the world. Of these, some 179 million are caught in the worst forms of child labour. Roughly 2.5 million children are economically active in the developed economies, 2.4 million in the transition countries, 127.3 million in Asia and the Pacific, 17.4 million in Latin America and the Caribbean, 48 million in sub-Saharan Africa and 13.4 million in the Middle East and North Africa. Africa has the greatest incidence of economically active children: 41 percent of children in the continent are at work. On average, more than 30% of African children between 10 and14 are agricultural workers. In West African, an estimated 35,000 children are in commercial sexual exploitation. West Africa covers a sizeable geographic area and is home to diverse to diverse ethnic groups. This means that not all social, political, cultural and economic realities can be viewed at a regional level. Both countries have unique legal and political backgrounds. Ghana is democratically governed country with a mixed legal tradition based on the English common law and customary law. It is based on a written constitution. The Nigerian justice system comprises four district branches: English law, common law, Customary law and, in the predominantly Moslem north of the country, Sharia law.

2. LITERATURE REVIEW 2.1 The International Legal Framework Against Child Labour
a) ILO Minimum age convention (No. 138)
In June 2011, the government ratified the ILO Minimum age convention, 1973 (No. 138), which represents the most comprehensive and authoritative international definition of minimum age for admission to employment or work. Under the Ghana children act 1998, minimum age for admission of children into employment is fifteen (1) However, children may be employed at the age of thirteen (2) to do light work. The minimum age for engagement of persons in hazardous work is eighteen. (3) On June 6, 2011, Ghana ratified ILO convention 138 concerning minimum age for administration to employment and Nigeria in 2002.

b) ILO Worst Forms of Child Labour (WFCL) Convention (No. 182)

In June 2000, the government of Ghana ratified the ILO worst forms of child labour (WFCL) convention No. 182, and entered into force in June, 2001. ILO convention 182, Article 3 defines worst forms of labour as: a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory recruitment of children for use in armed conflict; b) The use, procuring or offer of a child for prostitution, for the production of pornographic performance; c) The use, procuring or offer of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; and 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. It applies to all children under the age of 18, but calls for special attention to girls. Nigeria has ratified both international labour organisation (ILO) convention No. 182, on the elimination of the worst forms of child labour, both in 2002 and Ghana in June 2000.

c) United Nations convention on the rights of the child UN-CRC)

The convention on the rights of the child was the first legally binding international instrument to incorporate the complete range of human rights for children. Including civil, cultural, economic, political and social rights. The convention defines a child as

anyone below the age of 18 years and spells out the basic human rights that children everywhere should have, including the right to protection from economic exploitation (Article 32) and the right to education (Article 28). It is the most endorsed human rights treaty in the world, ratified by all but two countries. Ghana and Nigeria ratified the CRC on February 1990 and April 1991 respectively.

d) The African Charter on Rights and Welfare of the Child

The African charter on the rights and welfare of the child is the only African Regional treaty, which provides for the legal protection of the survival, development, protection and participation of the African child. It was adopted in July 1990 and came into force on the 20th of November 1999. Nigeria and Ghana ratified the treaty on July 2001 and June of 2005 respectively.

2.2 Situation of Worst Forms of Child Labour

a) Ghana
Children in Ghana are engaged in the worst forms of child labour, many of them in agriculture and fishing. Children working in agriculture may use dangerous tools and carry heavy loads. In cocoa sector alone, 54 percent or an estimated 538,297 children have reported injuries from hazardous activities according to a UNSDOL- funded report by Tulane University.(4) In Ghana, thousands of children work in the fishing sector, including in deep-sea fishing, lagoon fishing and lake fishing. These children risk injuries and even death while performing task such as diving to untangle fishing nets. Children are trafficked to Lake Volta for this purpose and are known to fish for tilapia and other types of fish, which reportedly include mudfish, silverfish, catfish, latesfish and electric fish.(5) Children, mostly girls, work as porters in urban areas, beginning as young as age 6. These children, referred to as kayayes, are risk of injury from transporting heavy loads and from vehicle accidents. Children who live in the street, as well as other children, are also subject to commercial sexual exploitation. Child, especially boys, herd cattle, risking injury and even death from snakebites, as well as wasp and scorpion stings. They report being beaten by cattle owners or farmers and being unable to attend school because of their work.(6) Children work in quarrying and small-cale mining, in mines including gold and reportedly diamond mines. These children risk injury from flying shards when they are crushing rocs and from lifting heavy loads when extracting ore. Such children also risk death from the collapse of pit mines. Some of these children may be subject to debt bondage. (7) Although evidence is limited, children are also reportedly engaged in the worst form of child labour in salt production. In addition, some children in the Volta region are involved in Trokosi, a form of religious servitude that can last from a few months to 3 years. This practice requires

children to atone for their family members sins by assisting with prayers and maintaining religious shrines for priests, elders or the owners of the shrines. Ghana is a source, transit and destination country for the trafficking of children for sexual exploitation and forced labour. According to the ministry of women and childrens Affairs national database on human trafficking, 70 percent of the trafficking in Ghana was domestic in 2010, and 78 percent of the victims were children between ages 4 and 16. Within Ghana, children are trafficking across rural areas, or from rural to urban areas, to work in fishing, agriculture, portering or kayaye, begging, street vending, domestic labour and commercial sexual exploitation. Ghanaian children are also trafficking to neighbouring countries West Africa for labour exploitation. Although access to free education is mandated by school without teachers or materials. For some children, attending school is practically impossible, as their village is located many miles away from the nearest school, and there is no form of public transportation. Not all children have the mandatory uniform and some children without uniforms may be turned away from school. Children, especially girls, also reported being sexually assaulted and harassed by teachers. (8) The girls are responsible for carrying their teachers books, washing clothes, cleaning, fetching water, shopping, cooking, gardening and farming especially in the rural areas for the teachers.

b) Nigeria
Children in Nigeria are engaged in the worst forms of child labour, particularly in dangerous activities in agriculture and domestic service. In rural areas, most children work in agriculture, producing crops such as cassava, cocoa and tobacco. Children working in agriculture may use dangerous tools, carry heavy loads and apply harmful pesticides. In particular, children engaged in work on cocoa plantations are exposed to pesticides, apply chemical fertilizers without protective gears and sometimes work under conditions of forced labour. Children, primarily boys, work in cattle herding. (9) In urban areas, many children work as domestic servants. Children employed as domestic may isolated in private homes, where they are susceptible to physical and sexual abuse. (10) Both boys and girls engage in street-hawking, sometimes dropping out of school to work. Street children work as porters or Kayayes, bus conductors and scavengers, and a growing number of them engage in begging. Children working on the streets are exposed to severe weather, traffic accidents and crime. Commercial sexual exploitation of children, especially girls, is also rampant in some Nigerian cities, port cities and in refugee camps. Children risk exposure to dangerous conditions while working in sand harvesting and fishing. One study surveyed children working in riverine communities in Nigeria, which primarily included children in fishing, and found that 70 percent reported having been injured at work at least once in the previous years. (11) Many of these children work long hours processing fish and are at risk of drowning and waterborne diseases. Children experience forced labour in mines and quarries, producing gravel and granite.

Such work puts children at risk of injury or death from exposure to dust, falling rocks and carrying heavy loads. Although evidence is limited, there are reports that children may work in artisanal gold mining, particularly in Zamfara state. Children working in artisanal gold mining are exposed to extremely toxic chemicals, including lead and mercury. (12) In Nigeria, it is traditional to send children, known as almajiri from rural to urban areas to live with and receive a Koranic education from Islamic teachers. Some of these children receive lessons, but are forced by their teachers to beg and surrender the money they earn; these children may go without adequate food or shelter. (13, 14) Although evidence is limited, there is information indicating that some almajiri in Nigeria may be deliberately scarred or injury to arouse sympathy and thus encourage donations. In December 2010, the Ministerial committee on Madrasah education reported that there are approximately 9.5 million almajiri in Nigeria. (15) Nigeria is a source, transit and destination country for child trafficking. Children in Nigeria are trafficking internally to work in domestic service, agriculture, streetpeddling and begging. (16) Children are also trafficked from Nigeria for work in the worst forms of child labour in West and Central Africa, as well as to the United Kingdom and Saudi Arabia. (17) Children are trafficked into Nigeria from the central Republic and Liberia to work in agriculture, domestic service, vending and mining. (18) Children from Chad are trafficked to Nigeria to herd to beg and perform manual labour. Beninese children are also trafficked to Nigeria to work in granite mines. (19)

c) Analysis of the situation of Worst Forms of Child Labour in Ghana and Nigeria
Most of the worst forms of child labour practices in both countries are similar since the root causes are also the same. However, the practise of almajiri as known in Nigeria is less practiced in Ghana. Basic public education is free in both countries. In Nigeria, the law does not make school mandatory until a particular age, the law calls for the government when practical to provide free, compulsory, and universal primary education to age 12. However, authorities rarely provided compulsory primary education, and often changed numerous mandatory school fees. Most educational funding comes from the federal government, with state governments required to pay a share. The public schools remained sub-standard, and limited facilities precluded access to education for many children. Both Ghana and Nigeria serve as sources, transit and destinations for child trafficking. In Ghana child trafficking is mostly internal and within neighbouring countries, whiles in Nigeria it is both intensively internal and external

2.3 Laws and Regulations on the Forms of Child Labour

a) Ghana

Ghana has put in place a comprehensive legal framework to protect children and promote their well-being. The 1992 constitution guarantees the protection of children from any work that constitutes a threat to their health, education or development and includes the concept of free compulsory universal basic education (FCUBE). In addition, the government has developed its own policies, and programmes backed by a legislative and structural framework. Ghana was one of the first countries to ratify the UN convention on the rights of the child (UN-CRC), which was adopted at the 1990 world summit on children. The national programme of action dubbed, The child cannot wait, in June 1992 was a follow up to the UN-CRC. Governments commitment to meeting the urgent needs of children is reflected in the plans strategies and programmes. Childrens rights are protected under the constitution of Ghana. Promulgated by PNDC law 282, the Ghanaian constitution came into force on January 7, 1993. Chapter five (20) of the constitution covers fundamental human rights and freedoms that should be accorded all Ghanaians including children. However, due to the special attention and care needed by children to develop, article 28 is wholly devoted to them. This article calls on parliament to enact laws to ensure that every child has the right to the same measure of special care, assistance and maintenance as in necessary for its development; that every child, whether or not born in wedlock, shall be entitled to reasonable provision out of the estate of its parents. It also calls on parents to undertake their natural right and obligation of care, maintenance and upbringing of their children in such manner that in all cases the interest of the children are paramount; that children and young persons receive special protection against exposure to physical and moral hazards. The article further recognizes that every child has the right to be protected from engaging in work that constitutes a threat to his health, education or development. Article three (21) recognizes that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Similarly, article four (22) proclaims that a child shall not be deprived by any other person of medical treatment, education or any social or economic benefit by reason only of religious or other belief. Other legislations/ laws relating to the child labour as follow: The childrens act 1998, act 560, on hazardous employment that poses a danger to the health, safety or moral of a person; Legislative instrument (LI 1705), child rights regulations 2002; labour act, 2003, act 651, section 58 defines Industrial undertakings as: An under taking other one in commerce or agriculture,; labour act regulation, 2007, legislation instrument (Li 1833), on hazardous work; human trafficking act, domestic violence act, 2007, act 732; adoption act, 1962, act 104; juvenile justice act, act 653; marriage ordinance (Amendment) act, 2001, act 606 and the apprentices act, 1961, act 45. The childrens act sets the minimum age for employment at 15 and explicitly applies it to both the formal and informal sectors. This act prohibits children younger than age 18 from engaging in certain activities deemed hazardous, including work in mines or

quarries, and at sea or in venues likely to expose children to immoral behaviour. In addition, Ghana has issued a hazardous child labour activity framework for the cocoa sector, which defines certain activities as hazardous and prohibits children younger than age 18 from engaging in term. Such activities include felling trees burning bushes, applying agro chemicals, carrying overly heavy loads, using machetes for weeding and breaking cocoa pods, harvesting with a hood, and working on a farm for more than 3 hours per day or more than 18 hours per week. The government of Ghana has also developed a list of worst forms of child labour occupations that includes domestic labour, working as Kayayes and other urban informal work activities. Education is free, and although the law does not make school mandatory until a particular age, it does require 11 years of school. Even of a child starts school at age 4, upon completing 11 years of schooling the child would be 15-the minimum age for employment. The 1992 constitution of Ghana prohibits forced labour, slavery and servitude; it also states that every child has the right to be protected from engaging in work that constitutes a threat to childrens health, education and development. According to the criminal code of 1998, ritual servitude is illegal in Ghana. It has interpreted that ritual servitude provisions as applying to the religious servitude practice of Trokosi. The criminal code also prohibits persons with custody, charge or care of child of a child younger than age 16 from encouraging that to become involved in prostitution. The criminal code stipulates that it is illegal to procure any person than age 21 not being a prostitute or of known immoral character. This provision makes criminal punishment dependent on a judgment of the childs moral standing, which may leave some child victim of commercial sexual exploitation unprotected. This provision contradicts the childrens act, which calls for the best interest of the child to be primary consideration in any child related matter. The law also fails to criminalize the client who uses children under age 18 for prostitution. The criminal code does not specifically establish offenses related to pornography or pornography performances by a child under 18 but lays down provisions prohibiting the production, distribution or exhibition of obscene materials or performances in general. Ghana has also not taken any measures to address the use, offering or procuring of a child for illicit. (23) The human trafficking act prohibits the trafficking of children younger than age 18, including for purpose of sexual and labour exploitation. The consent of a child or a guardian cannot be used as defence for prosecution under this act, which also provides for the recue and rehabilitation of trafficking victims. The minimum age for military recruitment is 18, and there is no conscription.

b) Nigeria
The government of Nigeria has the authority to establish labour standard, through legislative power to protect children is reserved for its state. The labour act of 1974 and the 1999 constitution prohibit forced or compulsory labour of children and restrict the employment of child under the age of 15 to home-based agricultural or domestic work

for no more than eight hours per day. The labour act of 1974 allows the apprenticeship of youths above the age of 12 under specific conditions. However, Nigerias poor distribution of income has forced many children commercial activities to enhance family income. The labour act of 1974 sets a general minimum age of above 12 years of age for employment, but does not protect children from children in the workplace and is not effectively enforced by the government. The labour act of 1974 mandates that children under shall the age of fifteen who work shall reside their parents or guardians. The act also restricts children under the age of fifteen from employment in industrial work. Child labour remained widespread in practice, however. The ministry of labour and productivity and the national agency for the prohibition of traffic in persons (NAPTIP) recently estimated that almost 16 million children have become involved in child labour. Nigeria has ratified the international labour organization (ILO) convention No. 138, the minimum age convention and convention No. 182, on the elimination of the worst forms of child labour, both in 2002. The Federal 2003 Child Rights Act, which codifies the right of all children in Nigerian, supersedes the Labour Act. (24) However, each state is required to implement the provisions of the child rights act in its territory, (25) the child rights act also prohibits the worst forms of child labour, including the forced labour children for prostitution and conflict. In addition, it prohibits the us of children in street-hawking and begging, the child rights act imposes strict penalties for abuses and creates family courts. States may also enact additional provision to bolster protection for working children within their territory. Some states within Nigeria have taken this steps closed gaps in the law. However, in states that have not adopted the child rights act, there may be no state level law protecting children from the WFCL. Such States may continue permit children as young as 12 to work. (26) Childs labour laws in Nigeria are often inconsistent. Different definitions and age requirements in the child rights act and labour act lead to gaps in Nigerias legal framework that may limit their effectiveness in addressing the worst forms of child labour. While the child rights act appears to apply appropriate penalties stiff enough to deter violations. The labour act sets different age thresholds for various hazardous activities. The law prohibits youth under age 16 from being employed underground or working with machines, but expressly permits children ages 16-18 to perform these hazardous activities. However, the same law forbid the employment of young persons under age 18 in work injurious to their health, safety or morals. (27) Neither Nigerians labour act nor its child rights act lays out a comprehensive list of hazardous activities prohibited to children; nor do they establish a clear minimum age for hazardous work. (28) The constitution of Nigeria prohibits forced labour, slavery and servitude. The 2003 trafficking in persons (Prohibition) law enforcement and administration act applies throughout Nigeria and prohibits prostitution, pornography, drug trafficking for the

purpose of forced or compulsory recruitment into armed conflict. (29) Nigerian law punishes such offences with fines and imprisonment. However, some of the states that apply Sharia (the moral code and religious law of Islam) treat children as offenders rather than victims. For example, the Sharia Penal code of the Zamfara state defines an offender as anyone who does any obscene or indecent act in a private or public place, or acts or conducts himself in an indecent manner. Treating child victim of commercial sexual exploitation as offenders run counter to internationally accepted standards for the treatment of such children. The child rights act sets the minimum age for conscription of voluntary recruitment into the armed forces at age 18.(30) children under the age of 18 whom live in states that have not adopted the child rights act are not protected from recruitment into the armed forces. There is no evidence of children being used in the governments armed forces; however, while such evidence is limited, there are reports that children as young a age 8 are being increasingly recruited into armed group particularly in areas where security has deteriorated. Pervasive poverty, coupled with mass unemployment and a poor education system, has created an atmosphere where youth are increasingly susceptible to participating in armed groups, including ethnic-based militia organization, criminal gangs, extremist groups, and partisan political organization such as party youth wings Though education is the prerogative of the state governments; the Federal Constitution of Nigeria makes primary education free and compulsory when practicable in all states. However, the term practicable introduces ambiguity in the concept of free universal education, which is not yet realized in Nigeria. (31) Hence in most states, education is compulsory until the age of 15.

c) Analysis of the Laws and Regulations on Worst Forms of Child Labour in Ghana and Nigeria
In Ghana, under the Childrens Act of 1998, Act 560, the minimum age for employment in 15 years, and the minimum age for light work is 13 years (Section 89-90). The law allows for children age 15 and above, or who have completed basic education, to work as apprentices if the craftsman provides technical and moral training, food, a safe and health work environment and tools. (Section 98-99) In Nigeria, the Federal Labour Act sets a minimum age of employment at 12 years, but some states set it at 14 years. Apprenticeship of youths above the age of 12 is allowed under specific conditions. However, the Act established an exception to its minimum age law, permitting children of any age to do light work in domestic service, or work alongside a family member in agriculture or horticulture. The Child Rights Act is very instrumental in both countries, with strict penalties for abuses and creates family courts and child panels. Unfortunately, child labour laws in Nigeria are conflicting. Different definitions and age requirements in the Child Rights Act and Labour Act lead to gaps in Nigerias legal framework that limit their

effectiveness in addressing the worst forms of child labour. While the Child Rights Act Appears to apply appropriate penalties for violating the hazardous labour provisions, the Labour Act may not be applying penalties stiff enough to deter violations. However, in state that have not adopted the Child Right Act, there may be no state level law protecting children from the worst forms of child labour. Such states may continue permit children as young as 12 to work, an even become a destination for child traffickers. Nigerians Labour Act ant its Child Rights Act do not only out a comprehensive list of hazardous activities prohibited to children; nor do they establish a clear minimum age hazardous work. In Ghana the Children Act prohibits children younger than 18 years from engaging in hazardous work and establishes a comprehensive list of hazardous activities prohibited to children. The Child Right Act sets the minimum age for conscription or voluntary recruitment into the armed forces at the age 18 in both countries. However in Nigeria children under the age of 18 whom live in states that have not adopted the Child Rights Act may easily be recruited into the armed forces and into armed groups where security has deteriorated. Another militating factor is the issues of culture. It is a taboo for a child to sue his parents for redress in this part of the world. No matter how educated such family is, no African child is bold enough to take his parents to court.

2.4 Institutional Framework and Enforcement

a) Ghana
Government efforts also come in the form of setting up institutions to ensure that the above laws are enforced. These include ministries and agencies that are to ensure that children are safe from harm, and that their rights are protected. Below are these institutions and their functions. The National Steering Committee on Child Labour (NSCCL) is mandated to oversee coordination, implementation and monitoring of programs targeted the worst forms of child labour. The Child Labour Unit (CLU) of the Ministry of Employment and Social Welfare (MESW) serves as the Secretariat of the NSCCL. The steering committee is composed of three sub-committees: one that focuses on awareness-raising effort; one focused on education and skills training: and one focused on the related to the worst forms of child labour in the cocoa, fishing and mining sector. The CLU was established in 2000 is responsible for overseeing the activities to combat child labour. Combating child labour in the cocoa sector, however, falls under the direction of the National Program for the Elimination of the Worst Forms of Child Labour in Cocoa (NPECLC). The NPECLC, as MESW program, operates in collaboration with the Ghana Cocoa Board and the Ministry of Finance and Economic Planning. The NPECLC is responsible for the Ghana Child Labour Monitoring system (GCLMS) This system enables communities to monitor report on and coordinate services for

children in exploitative situations and supports the goals of the Harkin-Engel Protocol. The GCLMS functions through community protection committees. The MESW is responsible for training and equipping community monitors and data collectors in the communities. Labour inspectors from MESW are responsible for the enforcement of labour laws and can enter any type of workplace. However the number of labour inspectors is insufficient and that these inspectors lack office facilities and funds for transportation or fuel in carrying out their duties effectively. In March 2011, a court in the Brong Ahafo Region convicted a woman and sentenced her to seven years imprisonment for transporting a 14-year old girl to Accra, the capital, and subjecting her to prostitution. The prosecution of one case, involving three suspects in the alleged transportation of 10 Ghanaian girl to Nigeria for forced labour and commercial sexual exploitation, remained pending at the close of the reporting period. According to a study conducted in December 2010 by an independent government ombudsman from the Commission for Human Rights and Justice, 1,065 cases of child labour were reported in 2010. (32) Information about how these violations were handled, whether children were assisted as a result of inspections and whether penalties were applied is unavailable; no such studies were available for 2011. The Human Trafficking Secretariat under the Ministry of Women and Childrens Affairs coordinates anti-trafficking activities. In addition, the anti-Trafficking Unit of the Criminal Investigation Division of the Ghana Police Service is responsible for enforcing anti-trafficking laws. The Government of Ghana maintains regional AntiHuman trafficking Units (AHTU) in nine regions as part of its enforcement effort against trafficking.(33) In 2011, the AHTU rescued 116 children in the Lake Volta area in a joint operation with INTERPOL. During 2011, the AHTU prosecuted at least 19 cases of trafficking and assisted 671 children by rescuing them from trafficking or by providing rehabilitation services to them. Additionally, the Ghana Police Service rescued at least 3 children working in cocoa area and 65 minors from prostitution. Law enforcement also arrested 30 individuals in one child endangerment operation, resulting in 28 convictions. Ghana has been working on developing a database but at this time, no comprehensive statistics are maintained and there is no complete information about prosecutions or sentencing for convicted violators of the Trafficking Act. In addition, officials within the Government agree that law enforcement efforts are weakly coordinated.

b) Nigeria
The Steering Committee is made up of the Ministries of Labour and Productivity, Women and Social Development and Mental Production, Agriculture, Foreign Affairs,

and Education-along with another government bodies such as the National Agency for the Prevention of Trafficking in Persons (NAPTIP) and the National Bureau of Statistics. In addition to governments representation, the Committee includes both a mix of faith-based organizations and NGOs that work on child labour issues, and the ILO-IPEC and UNICEF. (34) NAPTIP is the agency responsible for coordinating efforts against trafficking. The MOLP is responsible for ensuring that federal labour laws are enforced. The MOLPs Inspectorate Division reportedly employed 600 inspectors who are deployed across 36 states as well as the Federal Territory of Abuja and are responsible for investigating all labour laws violations, including those related to child labour. The number of inspectors employed appears to be inadequate to sufficiently address child labour issues, given the size of the country and the scope of the WFCL in the country. From January to November 2010, the Government of Nigeria reportedly conducted 12,040 inspections by 441 officers, a majority of which were in the formal business sector; where the incidence of child labour was not reported to be a problem and paying little attention to the large problematic informal sector. Although working onboard seafaring vessels is explicitly permitted to children age 15 and older, no labour inspectors were responsible for conducting inspectors on these vessels, thus creating a gap in the child labour enforcement framework.(35) NAPTIP is responsible for enforcing anti-trafficking legislation. From April to the end of 2011, NAPTIP reported findings 24 cases of trafficking involving and 38 unspecified child labour cases. During that time period, NAPTIP reportedly investigates 24 cases that specifically involved children. In 2011, NAPTIP reported 25 know convictions for trafficking of which the number involving children or forced labour is known. The National Police Force and the Nigerian Immigration Service also have anti-Trafficking units responsible for combating trafficking, while other agencies, such as the National Drugs Enforcement Agency, help identify traffickers and their victims. However, the National Police Force does not keep statistics on the number of investigations or the number of cases brought to trial. The national Police Force is responsible for enforcing all laws prohibiting forced labour and sexual exploitation, particularly prostitution. However, the National Police Force is not trained on state laws and may not have the knowledge of such laws protecting children from a particular worst form of child labour within a specific state. This limits the capacity of the National Police Force to enforce the laws protecting children from the worst forms of child labour.

c) Analysis of the Institutional Framework and Enforcement in Ghana and Nigeria

Laws enforcement efforts are weakly coordinated and poorly implemented in both countries. However, the issues s worse in Nigeria, due to jurisdiction conflicts between

the states and federal governments. Lacks of resource and is a major problem in both countries, hence hindering progress in their implementation and enforcement activities. Both countries weak databases, hence no comprehensive statistics are maintained and there is no complete information about prosecutions or sentencing for convicted violators acts.

2.5 Government Policies on the Worst Forms of Child Labour

a) Ghana
The National Plan of Action for the Elimination of the WFCL, which was adopted in 2010, provides a comprehensive framework to significantly reduce the worst forms of child labour by 2015. As part of this Plan, MOUs were signed with 23 government agencies that establish the role of each agency in the fight to reduce the worst forms of child labour. (36). The Government of Ghana also implemented a national Plan to Eliminate the WFCL in the Cocoa Sector, which aims to eliminate the worst forms of child labour in the sector by 2011 and to contribute to the elimination of the worst forms of child labour in all other sectors by 2015.(37) Ghana also took steps to implement to the 2010 Declaration of Joint Action to support the Implementation of the Harkin-Engel Protocol (2010 declaration) with an accompanying Framework of Action. (38) Under the 2010 declaration, Ghana agreed to provide appropriate resources and coordinate with the key stakeholders (including USDOL and the International Chocolate and cocoa Industry) on efforts to reduce the worst forms of child labour in cocoa-producing areas. As part of its commitments to this 2010 declarations, Ghana is monitoring all projects efforts implemented under the framework to ensure aligment with its National Action Plans and to promote coherence and sustainability. (39) Child Labour concerns have also been mainstreamed into the following national development agendas and key documents: Ghana Medium Term national Development Framework, the Ghana Shared growth and Development Agenda (2010-2013), the National Social Protection Strategy, the National Education Development Plan (200320015), the National Plan of Action to combat Trafficking: Trafficking in Persons Must End, and the Savannah Accelerated Development Programme. (40)

b) Nigeria
A draft Nigeria Child Labour Policy and related draft National Action Plan were prepared in 2005-2006 but never adopted. A draft Nigeria Labour and related draft National Action Plan were prepared in 2005-2006 but never adopted. In 2011, the Government of Nigeria, with support from the ILO-IPEC, updated a draft National Policy and National Plan of Action on the worst forms of child labour; however, neither

has been adopted by the Executive Council, and therefore neither is operational. If adopted, the Policy would identify and assign roles agencies, trade unions, community organizations, and other groups. Nigeria conducted a national survey in 2008 to identify the prevalence and nature of child labour. The results from this survey have still not been made publicity available. The Government of Nigeria Plan of Action on Trafficking in Persons (2010-2012) that provides government entitles and NGOs a framework for coordinating anti-trafficking activities. (41) In addition to the Plan, the Government has a National Policy on Protecting and Assistance to Trafficking Persons in Nigeria (2008), which provides protection and rehabilitation services to trafficking victims. The Federal Ministry of Education is responsible for implementing the National Framework for the Development and Integration of Almajiri Education in the Universal Basic Education Scheme. Under the Framework, Almajiri schools are regulated by state governments to more effectively address the challenges the traditional Islamic Education Sector faces relating to itinerancy and begging.

c) Analysis of Government Policies on the Worst Forms of Child Labour in Ghana and Nigeria
It has been noted that the Nigerian Policy and National Plan of Action on the WFCL were neither adopted nor implemented. Survey data publicity in both countries remains problematic. The Harkin-Engel Protocol had a tremendous positive impact on the rural cocoa farming communities in Ghana. Since the farmers were directly involved in the project at the grassroots.

2.6 Social Programmes to Eliminate or Prevent the Worst Forms Child Labour
a) Ghana
The Governments of Ghana continues to support and participate in social programmes with diverse partners. Ghana operates a cash transfer programme, called Livelihood Empowerment Against Poverty, which makes monetary to household conditional upon the children not engaging in child labour and attending school. Under the 2010 declaration, USDOL continues a 4-year regional project to reduce the WFCL in cocoa-producing areas in Cte dIvoire and Ghana by providing direct services to communities. The International Chocolate and Cocoa Industry committed $2 million under the 2010 Declaration to a 4-year regional project in cocoa-producing areas in Cte dIvoire and Ghana; this project is helping those governments expand the CLMS and build the capacity of relevant stakeholders. In support of the 2010 Declarations Framework of action, the Hershey Company and Kraft also launched projects in Ghana to improve the families livelihood and increase the childrens access to education. The Government of Ghana also participates in a 4-year regional project

funded by USDOL, which is reducing the worst forms of child labour in fishing, mining and commercial agriculture (cocoa and coffee), and is supporting the effort to develop an update national action plan. Ghana has maintained its participation, in a 4-year project partially funded by USDOL, to conduct a national child labour survey. The information gathered will improve targeting for future social programmes. The Government is also supporting community child protection committees that raised awareness about the worst forms of child labour at the community level. Ghana continues to participate in an anti-trafficking project with IOM that rescued 20 child trafficking victims from exploitative child labour in fishing villages on the lake Volta. The project worked with the Department of Social Welfare to provide rescues children with psychological and rehabilitative services. The Ghana Department of Social Welfare, with the support of community business organizations, also continuing to provide rehabilitation and reintegration facilities for children working as kayayes. A USDOL project continues to work with Ghana to reduce the trafficking of children into domestic service through the provision of microcredit and training for families. The Government of Ghana continued a programme to provide uniforms to needy children; it also worked with NGOs to provide school supplies. Ghanas educational framework includes a specific focus on increasing the number of trained teachers and improving vocational training in order to better retain students.

b) Nigeria
Since 2007, the Ministry of Labour Productivity (MOLP) has been working to develop codes of conduct for various sectors, including mining, construction and fishing. The Government of Nigeria is participating in several regional projects to combat the worst forms of child labour, including the regional USDOL funded 4-year (2009-2013) ECOWAS Project. This Project is to establish a national action plan to eliminate the worst forms of child labour as well as institute a formal list of hazardous labour for children in Nigeria. (42) To assist with implementations of the Benin/Nigeria Anti-Trafficking Agreement, The Government continued to participate in the 3-year, USDOL-funded regional ECOWAS II Project. The Project aims to withdraw and prevent children from being trafficked to Nigeria from Benin for mining and associated activities around mining sites. It also provides livelihood alternatives for families of withdrawn and prevented children. Additionally, the project worked with countries within the ECOWAS community to develop child labour monitoring systems. (43) The Government of Nigeria carried out awareness campaigns on exploitative child labour through the MOLP, and on trafficking through NAPTIP. The Government continued to operate shelters for trafficking victim and to reunite or repatriate trafficked children. The Government, largely through NAPTIP, operate eight shelters for rescued children in regions across the country. In addition, the Ministry of Womens Affairs and

Social Development operates four shelters across the country along with non-residential drop-in centres, where at-risk children can access social services. NGOs and states also run programs to address trafficking, NGOs support shelter to which government official send rescued children for long-term rehabilitation; however, because of a lack of resources, these shelters are only able to care for a very limited number of victims.

c) Analysis of the Social Programmes to Eliminate or Prevent the Worst Forms of Child Labour in Ghana and Nigeria
The Government of Ghana acknowledges that the efforts to provide services to children exploited in domestic services and in the fishing sector are insufficient. In addition, research suggests that government efforts to combat the worst forms of child labour in the mining sector and among kayayes are not sufficient either to address the magnitude of the problem. Despite the many project across Nigeria, the scale of such program is not sufficient to reach all Nigerian children engaged in or vulnerable to the worst forms of child labour, especially children in begging, mining domestic service and agriculture. Children in Nigeria continue to engage in dangerous activities in these sectors.

2.7 Conclusions
Child labour is an issue of global social justice. In our interdependent world it needs to be perceived as our problem. The creation of an enabling environment for sustainable change requires upstream efforts at an international and national level as well as downstream efforts in families and communities. The lack of resources, good social welfare system and varying levels of commitment of the different organs of government; inadequate skills training for staff and lack of community awareness of the content and implications of the law remain formidable. From a policy implementation approach or perspective, both the implementation, and data collecting and reporting on the Ghana child rights policy have employed a more top-down approach The main challenges facing the implementation of the law were structural and work process barriers. The structural barriers related to the establishment and working of the family tribunals/child panels and the collaborative work around managing cases. The work process barriers included resources, including a yearly budget, stationary, transport, computers, materials and films about child abuse programs as well as the lack of training, and shortage of qualified staff to support their work. 2.8 Recommendations The national minimum age for employment should be consistent with ILO Convention 138 and should not be below the age for finishing compulsory schooling, which is 15 years of age. The Labour Acts exception to the minimum age, which permits children

of any age to perform light work, should be repealed. The Labour Acts permission for children above 16 years of age to perform certain hazardous works and tasks should be repealed. The penalties established in the Labour Act on child labour should be strengthened. The governments should build up their law enforcement and judicial capacities in order to monitor and enforce labour and forced labour and trafficking, and start punishing those who commit such crimes. The Labour Inspectorate need to be adequately funded and the inspectors should be properly trained. The Nigerian Government need to give due attention to the following: amend the Labour Act to make the minimum age, and provisions related to light work, conform to international standards; Address contradictory and inconsistent provisions in the Child Rights Act and the Labour Act, particularly with regard to definitions and ages; Publish a comprehensive list of hazardous activities prohibited to minors and a specific age for hazardous work; Strengthen penalties for child labour violations; Ensure that those states applying Sharis as the Penal Code do not treat child victims in commercial sexual exploitation as offenders; Address provisions of the Federal Constitution that create ambiguity in the provision of free universal education.

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