A/HRC/18/30
recreational activities, limits their ability to fully develop their physical, intellectual and
emotional capacities.
VII.
Challenges in the prevention of child slavery in the mining
and quarrying sector
77.
The Special Rapporteur highlights the following five challenges in eradicating
child slavery in artisanal mining and quarrying.
78.
First, there are legal and enforcement challenges. This is due to the absence of
legislation or inadequate legislation, lack of criminalization and the lack of enforcement
or adequate enforcement of legislation relating to children working in slavery within the
artisanal mining and quarrying sector. Where legislation exists, it is often complex and
only favours the owner of the mine or quarry, not the workers – particularly in the case of
the children. Additionally, where legislation exists in the form of bans on artisanal mining
and quarrying, such activity is driven further underground. This increases the risk of
violations of the rights of the children who work, as they are even more isolated and
restricted in their movements in order to keep their work secretive.
79.
Second, poverty, in particular rural poverty, is not only a cause but also an
obstacle to eradicating slavery in artisanal mining and quarrying. Reports state that a
working child incurs huge future income losses due to the negative impact working has on
his human capital, health and education.29 In the case of child slavery in artisanal mining
and quarrying, the negative impact is likely to be worse. With the lack of investment in
rural livelihoods and alternatives to subsistence farming, mining – particularly goldmining – is regarded as a quick way of making money.30 31 Artisanal miners make one—
three times more money from mining than from farming (see E/C.12/MDG/CO/2).
However, although better paid than other occupations, it needs to be highlighted that in
most of the cases, owing to factors such as debt bondage, inflated prices for basic goods
and lack of basic services, wages hardly cover subsistence costs, perpetuating the need for
children to work.
80.
Third, geographical challenges also contribute to the lack of proper enforcement
of the law and Government programmes. Mines and quarries are usually found in remote,
hard-to-access areas of the country. Those who live in remote areas establish “frontier
communities”. In some instances, Governments refer to difficulties in accessing these
areas owing to internal armed conflict, organized crime or poor transport infrastructure.
Remoteness also contributes to lawlessness in these communities, as perpetrators of
violence and exploitation know that they are not within the reach of the law.
81.
Fourth, the lack of public awareness about the slavery conditions experienced by
children working in this sector is another challenge. The lack of general understanding of
what constitutes child slavery and the illegal and informal nature of some artisanal mining
and quarrying contribute to the difficulty in collecting data and information on where and
how many children are involved in this work. This lack of knowledge makes it difficult to
29
30
31
“Child Labor, Education and Children’s rights”, p. 174.
Rebecca Chouinard et Marcello M. Veiga, “Results of the Awareness Campaign and Technology
Demonstration for Artisanal Gold Miners: Summary Report”, (Vienna, UNIDO, 2008).
Edmonds, Eric and Maheshwor Shrestha, “Children’s Work and Independent Child Migration: a
critical review”, Innocenti Working Paper, No. 2009-19 (Florence, UNICEF Innocenti Research
Centre, 2009).
17
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