The regional regulation of child labour laws through harmonisation within COMESA, the EAC and SADC

Abstract

Child labour results in children working under dangerous and hazardous conditions, which affects their growth and development, as well as their health and safety. It also results in the abuse (physical and mental) and violation of the rights of a child. It is important to note that not all forms of work undertaken by a child are considered child labour. The highest incidence of child labour in the world is in Africa and, therefore, this requires better regulation and monitoring. It is argued that the banning of child labour in Africa currently is not achievable given the socio-economic factors, cultural perspectives and beliefs about childhood and the role of the child. This article looks at child labour in the African context and argues for the harmonisation of child labour laws, in the Common Market for Eastern and Southern Africa, the East African Community and Southern African Development Community through regional integration. There are several benefits to the legal harmonisation of child labour laws: uniformity and certainty in the law, which facilitates better regulation; consistency in the interpretation and application of the law; and sharing of resources and capacity development, to highlight a few. The article concludes that the subregional integration of child labour laws through legal harmonisation currently is a viable option for these regions.