A/HRC/18/30
10.
Children are often treated by their employers as commodities – replaceable
cheap labour to be thoroughly exploited. The 1926 Slavery Convention makes illegal any
practice whereby “the status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised”. Some of the children who work in
artisanal mining and quarrying are also subjected to forced labour or debt bondage which
are slavery-like practices that are expressly prohibited by international law.
11.
Children working in this sector face particular, and in some cases a combination
of, physical, psychological, economic and sexual exploitation not found in other areas
where children work. This is prohibited by article 1 (d) of the 1956 Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery which forbids “any institution or practice whereby a child or young
person under the age of 18 years, is delivered by either or both of his natural parents or by
his guardian to another person, whether for reward or not, with a view to the exploitation
of the child or young person or of his labour”. The impact of these forms of abuses is not
only immediate but has long-term harmful repercussions on the children.
12.
Children, particularly unaccompanied children, working in artisanal mining and
quarrying have no other choice but to work in this sector as they and their families are in
desperate need of an income and have no or no better alternatives.
13.
Employers also wield physical and psychological power over the children that
they employ. Consequently, although unaccompanied children may be allowed to leave
the mine or quarry, they are unlikely to leave their jobs as they have a real or imagined
fear of the repercussions. The Special Rapporteur notes that the combined elements of
coercion, fear, restriction on freedom of movement and complete dependence on the
employer exhibit characteristics which amount to contemporary forms of slavery.
14.
Large-scale mining companies undergo regular inspection and have unionized
workers; however, child slavery in the mining and quarrying sector normally occurs in the
small-scale (artisanal) mining and quarrying sector. The mining sector includes the
extraction of minerals (such as coltan), precious metals (such as gold and silver), precious
stones (such as diamonds and rubies) and semi-precious stones (such as tanzanite).
Quarrying is extraction from an open pit in order to acquire stone or aggregate (sand,
gravel or crushed rock) for the construction industry.
15.
The mines and quarries in which children work are often informal and situated in
remote areas of a country; they remain out of reach of the rule of law in communities
commonly referred to as “frontier communities”, where traditional social structures of
society and ethical value systems have broken down. These communities are often
characterized by violence, crime and substance abuse. The people living in these
communities are usually very poor and economically and socially marginalized. Children
growing up in this type of community are vulnerable to various types of violations.
16.
Small-scale mining and quarrying occurs in Africa, Asia, Latin America and
Europe. As a result of the remoteness of mines and quarries and their informal and illegal
nature, it is hard to provide exact statistics on the number of children working in this
sector. Additionally, as in many other instances of contemporary forms of slavery, the
victims are not visible. The International Labour Organization (ILO) estimates that there
are at least 1 million children working in mining and quarrying1 whereas, the United
Nations Environment Programme (UNEP) estimates that there are 1–2 million children
1
ILO, Minors out of mining! Partnership for global action against child labour in small-scale mining
(Geneva, 2006), p. 1.
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