Over 458,000 children miss school due to child labour in Ghana — CHRAJ

The Commission on Human Rights and Administrative Justice (CHRAJ) in Ghana has issued a stark warning regarding the pervasive issue of child labour, revealing that over 458,000 children are currently out of school due to their involvement in economic activities. This alarming statistic underscores a significant challenge to children's fundamental rights to education, protection, and development, despite a robust national legal framework and international commitments. The CHRAJ's call for renewed national commitment highlights the urgent need for stronger enforcement, legislative updates, and comprehensive strategies to address the root causes of child labour, such as poverty and inequality, to safeguard the future of Ghanaian children.

Ghana's Commission on Human Rights and Administrative Justice (CHRAJ) has sounded an urgent alarm over an escalating child labour crisis, revealing that more than 458,000 children are actively being drained out of the classroom and forced into premature economic hardship. This deeply concerning figure, cited from Ghana Statistical Service data, highlights a critical national challenge that undermines the fundamental rights of children and poses a significant threat to the nation's long-term development. The CHRAJ's statement, issued on World Day Against Child Labour, emphasizes that child labour is not merely a social or economic problem but a direct violation of rights guaranteed under both Ghanaian and international law.

The prevalence of child labour deprives these children of their right to education, protection, and a safe and dignified childhood, perpetuating cycles of poverty and inequality. The Commission has called for a renewed national commitment to tackle this pervasive issue, urging all stakeholders to intensify efforts to identify, protect, and rehabilitate child labourers. This article will delve into Ghana's legal and institutional framework for combating child labour, analyse the challenges in its enforcement, and discuss the implications for legal practitioners and the broader society.

Ghana possesses a comprehensive legal and institutional framework designed to protect children from exploitation, anchored in its 1992 Constitution, which guarantees children's rights to education and protection from engaging in work that threatens their health, education, and development. Key domestic legislation includes the Children's Act, 1998 (Act 560), which defines a child as any person under 18 years of age and explicitly outlaws exploitative labour. This Act sets the minimum age for light work at 13 years, regular work at 15 years, and hazardous work at 18 years, further prohibiting night work for children between 8 p.m. and 6 a.m.

Complementing the Children's Act is the Labour Act, 2003 (Act 651), which consolidates laws relating to labour, employers, and industrial relations, including provisions for the protection of young persons. While the Labour Act prohibits the engagement of young persons in hazardous work, its definition of “young person” as someone between 18 and 21 years of age means that the general prohibition on hazardous work in this Act is not directly applicable to children under 18, who are the primary concern of child labour laws. Additionally, the Human Trafficking Act, 2005 (Act 694), criminalizes forced labour and child trafficking, providing another layer of legal protection.

Internationally, Ghana has demonstrated its commitment by ratifying crucial conventions, including the International Labour Organization (ILO) Minimum Age Convention, 1973 (No. 138), and the ILO Worst Forms of Child Labour Convention, 1999 (No. 182). The country is also a signatory to the United Nations Convention on the Rights of the Child. The CHRAJ, as a constitutional body, plays a vital role in enforcing human rights, including the freedom from child labour, working alongside other government agencies such as the Ministry of Employment and Labour Relations, the Ministry of Gender, Children and Social Protection, and the Department of Social Welfare. Ghana has also developed strategic policy interventions, including the Ghana Accelerated Action Plan Against Child Labour (GAAPACL) 2023-2027, which builds upon previous national action plans to combat the worst forms of child labour.

Despite the robust legal and policy framework, child labour remains a pervasive issue in Ghana, with approximately 21% of children aged 5 to 17 years involved in some form of child labour, and 14% engaged in hazardous forms. The problem is particularly acute in rural areas and sectors such as agriculture (especially cocoa production), fishing (notably around Lake Volta), and artisanal gold mining, where children often perform dangerous tasks like using sharp tools, carrying heavy loads, and being exposed to toxic chemicals.

The Children's Act, 1998, clearly defines and prohibits exploitative labour, specifying types of hazardous work unsuitable for those under 18, including going to sea, mining, porterage of heavy loads, and work in manufacturing industries involving chemicals or machinery. However, a significant challenge lies in the enforcement of these laws. Reports indicate that enforcement is often weak and inconsistent, hampered by insufficient resources for labour inspectors, police, and judicial officials. Many law enforcement personnel are reportedly unfamiliar with the specific provisions of child protection laws, leading to inadequate prosecution and a lack of mechanisms for assessing civil penalties.

Furthermore, there are identified gaps in Ghana's legislative landscape. While Ghana has ratified key ILO conventions, it has not yet acceded to all relevant international instruments, such as the UN Convention on the Rights of the Child Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. Critically, Ghana lacks a specific law that criminally prohibits the use of children in all illicit activities, including drug trafficking. The existing list of hazardous work, while comprehensive in some areas, does not explicitly cover all occupations where child labour is known to occur, such as certain aspects of cocoa production, which often involves children in dangerous tasks.

The root causes of child labour are deeply embedded in socio-economic factors, primarily poverty, inequality, and inadequate social protection mechanisms. For many impoverished households, child labour is a negative coping mechanism, and prevailing social norms sometimes consider it acceptable for children to contribute to family income. This societal acceptance, coupled with barriers to quality education, such as lack of access or affordability, pushes children out of schools and into the workforce. The CHRAJ's recent warning underscores that despite national action plans and increased labour inspections, these underlying issues continue to fuel the crisis, necessitating a more holistic and resourced approach to achieve meaningful change.

The CHRAJ's urgent warning about over 458,000 children missing school due to child labour serves as a critical reminder of the persistent challenges Ghana faces in upholding children's rights. While Ghana has established a robust legal and policy framework, including the Children's Act, 1998, and ratified key international conventions, the effectiveness of these measures is significantly undermined by enforcement gaps, legislative shortcomings, and deep-seated socio-economic drivers such as poverty and inequality. The ongoing review of the Hazardous Child Labour Activity Framework and the implementation of the Ghana Accelerated Action Plan Against Child Labour (2023-2027) offer opportunities for targeted interventions and legislative improvements.

For legal practitioners, this situation presents multifaceted implications. Attorneys must be acutely aware of the national and international legal instruments governing child labour to advise businesses on ethical supply chain practices and due diligence, particularly in high-risk sectors like cocoa, fishing, and mining. There is also a crucial role in advocating for legislative reforms, representing child victims of labour exploitation, and supporting civil society organizations in their efforts to monitor and combat child labour. Continued vigilance, strategic litigation, and collaborative engagement with government agencies, communities, and international partners are essential to ensure that Ghana's legal commitments translate into tangible protection for every child, allowing them to access education and enjoy a safe and dignified childhood.