Children within the rural and urban homes may face various challenges based on several factors including socio-economic status, stigma and discrimination, family dynamics and abuse of their rights by people close to them. Violence against children especially child labour is more rampant in families facing poverty and in resources. Households and families in locations such as Dadaab and Kakuma refugee camps plus the surrounding host communities within the arid and semi-arid areas are more vulnerable due to low income, displacements due to violence/conflicts and harsh climatic conditions such as drought affecting food availability. As a result, most children are forced to work to help their parents and caregivers meet some of their basic needs like food. As a result of engaging in work to earn, some children end up dropping out of school.
In this article, we have provided verified information to help you understand child labour, how it affects children, and organizations that are offering services that aid in responding to abuse, neglect, exploitation and violence affecting children. Understanding the causes of child labour and working towards eliminating this practice is important for the well-being of our children. Everyone in society has a role to play in creating a safe environment that is free from child labour and violation of the rights of children.
Who is a child?
According to the United Nations Children’s Fund (UNICEF) and the Kenyan Law, a child is any person below the age of 18 years.
Child labour is any kind of engagement in work in a manner that denies children a chance to enjoy their childhood, their potential and their dignity, and that is harmful to their physical and mental development. According to the International Labor Organization and UNICEF, Child labour involves work that children are too young to perform or that – by its nature or circumstances – can be considered unsafe. It is work that:
- Mentally, physically, socially or morally dangerous and harmful to children: This can include: exploitative labour in plantations and farms, slavery or practices similar to slavery, including the sale and trafficking of children. In some places, children may be forcibly recruited into armed conflict, used in the production and trafficking of drugs, or offered into prostitution. Other forms of child labour include begging, shoe shining and domestic work.
- Interferes with their schooling: by denying children the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.
It is important to note that not all work done by children should be classified as child labour. For example, activities such as assisting in a family business or household duties such as fetching water and cleaning outside school hours and during school holidays might not be considered child labour in most countries. In Kenya, for example, Article 56 of the Employment Act says that a child between thirteen and 16 years of age may be employed to perform light work as long as it is not harmful to their health, and is not preventing them from attending school. These kinds of activities contribute to children’s development and the welfare of their families; provide them with skills and experience, and help to prepare them to be productive members of society during their adult life.
Effect of child labour on a child
Child labour affects the physical and mental health of children. It takes away their right to a proper education and encourages the cycle of poverty. It can lead to a lack of skills and opportunities in adulthood. Other effects of child labour include:
- Physical and Mental Health- Children engaged in labour, including dangerous forms often face physical dangers, such as exposure to poisonous substances, heavy physical labor, and dangerous machinery, which can lead to injuries and even death. The stress and harsh working conditions can have harmful effects on children's mental health, leading to anxiety, depression, and trauma.
- Education- Child labour interferes with a child's right to education. Working children often have irregular attendance or drop out of school altogether. This denies them the opportunity to acquire the necessary skills and knowledge for a brighter future. Under such circumstance, these children are less likely to secure dignifying income employment in the future.
- Separation from other children-Child labour isolates children from other children, preventing them from experiencing childhood. They miss out on the chance to build friendships and improve their ability to interact and communicate with other people. It can lead to a sense of being separated from others and a feeling of being excluded from the broader community.
- Violations of Human Rights-Child labour is a violation of children's basic human rights. It deprives them of their childhood, education and the opportunity to reach their full potential. It is also a violation of International Labour Standards. In Kenya, parents caregivers and employers who engage in child labour can face consequences as stipulated in the Kenyan law.
What the Kenyan Law says about child labour
In Kenya, there are laws that safeguard children from exploitation and child labour. These laws. apply to all people who live or work in Kenya.
- According to Article 53 of the Constitution of Kenya, every child has the right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour.
- Article 56 of the Employment Act says that no person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any way. This means that the employment of a child below 13 years of age is not allowed under the Kenyan laws. However, a child of between thirteen and 16 years of age may be employed to perform light work which is not likely to be harmful to the child’s health or development; and does not , prevent this child from attending school, their participation in vocational orientation or training programs.
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The Employment Act Article 53, also prohibits the worst forms of labour, which the International Labour Organization terms as all forms of slavery or practices similar to slavery. These include;
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- The use, procuring or offering of a child for prostitution, for the production of pornography or pornographic performances.
- The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.
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This law is also against engaging children in any kind of work that is likely to harm the health, safety or morals of the child.
- Article 18 of the Children’s Act states that: no person shall subject a child to labour, domestic servitude/domestic slavery, economic exploitation or any work/employment which is hazardous, interferes with the child’s education or is likely to be harmful to the child’s health or physical, mental, moral or social development. Further, no person shall use, procure or offer a child for slavery or practices similar to slavery, including:
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- Begging
- Debt bondage
- Servitude, or forced or compulsory labour or provision of personal services, whether or not for gain.
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What is the penalty for engaging a child in child labour in Kenya?
Penalty: A person involved in the worst form of child labour or who does not abide by the regulations related to the child's employment is liable to a fine of up to 200,000 shillings or imprisonment of up to twelve months or to both.
Support for children who have been subjected to child labour
In Kenya, the Directorate of Children Services is dedicated to offer support for children whose rights have been violated. One can report or seeking assistance for children who have been subjected to child labour by contacting their offices through the contacts provided below. There are different Non-governmental organizations that provide child protection services and assistance in Kakuma, Kalobeyei and Dadaab refugee camps. You can reach out to the various NGOs through the following contacts:
| Child protection Organization | Contact information |
| Directorate of Children Services (DCS) |
National Child Helplines
DSS contacts
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| Save the Children (SCI) |
Dadaab
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Terre Des Hommes (Tdh)
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Dadaab:
Kalobeyei
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| Danish Refugee Council (DRC) |
Kakuma/Kalobeyei
Nairobi
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For more information on children services offered by organizations in Kakuma and Dadaab, see below:
- Terre des Hommes (TdH) (Kalobeyei) - Case Management
- Refugee Consortium of Kenya (RCK) – Children Services
- Humanity and Inclusion (HI) - Child Protection Services
- Department of Children Services – Shelter
- Save the Children International (SCI) IFO 2 – Psychosocial Support
- Save the Children International (SCI) IFO 2 –Social Services
- Save the Children International (SCI) IFO 2 – Education Services
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