Children in South Sudan are subjected to the worst forms of child labor, including use in armed conflict and forced labor in cattle herding. (1-10) Table 1 provides key indicators on children’s work and education in South Sudan.

Source for primary completion rate: Data from 2011, published by UNESCO Institute for Statistics, 2021. (11)
Source for all other data: International Labor Organization's analysis of statistics from Fifth Housing and Population Census, 2008. (12)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

The 2018 Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) mandates the release and reintegration of child soldiers by all armed groups. (14,24) During the reporting period, signatories to the R-ARCSS recommitted to a UN Action Plan to end and prevent all grave violations against children, including recruitment and use in armed conflict. (25) Despite this commitment, evidence suggests that the South Sudan People's Defense Force (SSPDF), the national army of South Sudan, continued to forcibly recruit children in 2020. (10,22,26) The government continued to participate in child soldier release and reintegration ceremonies, but it did not hold SSPDF officers criminally accountable for the unlawful recruitment and use of children. (23)

Since the onset of the conflict in December 2013, government and opposition forces have recruited more than 19,000 children. (14,27) The number of grave violations decreased significantly in the second half of the reporting period, as parties to the R-ARCSS began to observe a ceasefire. (28) Many former child combatants have since been released or are no longer classified as children. (14,29) Nevertheless, both government and non-state armed groups, including the SSPDF and Sudan People’s Liberation Army – In Opposition (SPLA-IO), recruited and used children as young as age 12, sometimes forcibly. (21,22) Four children were between the ages of 13 and 14 years old; the rest were between 15 and 17 years old. (10)

Recruitment rates spiked in January and February 2020 ahead of a planned ceasefire, and observers documented systematic recruitment of children through June 2020. (10,14,22,28,30) SSPDF Division 4 commander Brigadier General James Galiak Kai, under Vice President Taban Deng Gai, and Major General Turuk Khor of SPLA-IO Division 4A, both led forced recruitment drives during the reporting period. (26) Other perpetrators include a range of opposition groups, including the National Salvation Front-Khalid Butrus and the South Sudan National Liberation Movement. (28) In some instances, local commissioners carried out recruitment drives on behalf of the state's National Security Services and the SSPDF. (22,30,31) In Warrap, elements of South Sudan's National Security Services and SSPDF leveraged a cattle extortion scheme to procure children and young men of fighting age. Non-signatories to the ceasefire, including Paul Malong's South Sudan United Front and the National Salvation Front, also forcibly abducted children from their homes, schools, and communities. (14,22,29,30,32)

Children were subjected to rape and sexual slavery by armed elements; some were forced to serve as "wives" of commanders and members of armed groups. (14,33) This sexual exploitation has political and commercial elements because it is used as in-kind payment for fighters. (10) Although some children joined voluntarily, they were later unable to leave the groups at will. (9,22,34) Children affiliated with non-state armed groups performed active combat roles, perpetrated violence against civilians, and recruited other children. They also collected firewood, manned checkpoints, and carried out other support roles, including as cooks, porters, spies, and bodyguards to senior officers. (14,19,34)

An even greater number of children fight as part of local community defense forces. (16) Children abducted by armed pastoralists may be forcibly incorporated into heavily militarized cattle rustling networks. Older boys are forced to work as soldiers, herders, or cattle rustlers. (10) Younger children tend to smaller livestock, and teenagers serve as auxiliaries for armed pastoralists or self-defense groups. (35,36) Among certain tribes, cattle raiding marks a rite of passage to adulthood. (35,36) An estimated 10,000 children are engaged in herding cattle throughout the country. Some these children are used in armed cattle raids on other tribes. (10)

As of December 2020, South Sudan hosted approximately 1.6 million IDPs, with 2.2 million South Sudanese refugees living in neighboring countries. These groups, including orphaned children, were at increased risk of human trafficking and other forms of labor exploitation. (21) UNICEF has registered over 26,000 unaccompanied minors since the onset of the conflict. These children are particularly vulnerable to abduction for forced labor or commercial sex. (8,19,37,38) South Sudan has never conducted a comprehensive child labor survey, so information about sectors in which child labor occurs is unavailable. (14)

Research suggests that border closures and restrictions on regional travel to contain the COVID-19 pandemic led to an increase in human trafficking, as criminal networks exploited unofficial entry points. Kenyan, Ethiopian, and Eritrean business owners recruited and exploited their compatriots who entered South Sudan, including girls who were forced into domestic servitude. (21) Children employed in hotels, restaurants, and construction were forced to work for little or no pay, and some were subjected to sex trafficking. (21) Girls in rural areas, meanwhile, who gather firewood or collect water are at risk of violence and sexual exploitation. In gold mining regions, children work alongside their families in artisanal mining operations, especially in the Kapoeta area of Equatoria. (10) An estimated 7,600 children are employed in mining, shops, and other work in the informal economy in Kapoeta. There is anecdotal evidence of children selling a drug known as “Five,” a street name for Diazepam, a benzodiazepine. The drug is imported from Uganda and sold and consumed by children on the streets. (10)

South Sudan's out-of-school rate is one of the highest in the world, with an estimated 1 in 13 children expected to complete a full cycle of primary education. (3,37,39) In 2020, before the onset of the pandemic, South Sudan's out-of-school population reached a record 2.8 million. Conflict, flooding, and the pandemic, among other shocks, led to additional school closures and a subsequent increase in child marriages and child labor during the reporting period. (21,40) Poor families exchanged their young daughters for a bride price, or as restitution following inter-communal conflict. (10) Girls forced into marriages as compensation for inter-ethnic killings are subsequently subjected to sexual slavery or domestic servitude. (10,21) In both situations, girls were subjected to forced domestic labor. Ongoing fighting hindered the government's ability to deliver aid, provide education, and address the worst forms of child labor. (10,14,39) Moreover, South Sudan's education sector is chronically underfunded. Public school teachers were paid sporadically, leading to low morale and frequent absenteeism. (10,14) In addition to the abduction and use of children, ongoing military operations in conflict-affected areas forced teachers to flee. Armed groups, including government forces, continue to occupy schools in contested areas, although school occupations decreased significantly during the reporting period. (10,14) Government forces occupied at least two schools at the close of the reporting period. (41)

Although the Constitution and the Child Act provide for free primary education, in practice, many families must contribute school fees to pay teacher salaries and other related costs, which may be prohibitive. (37,39,42) In addition, children in pastoralist communities generally lack access to schools, materials, or teachers. (35)

South Sudan has ratified most key international conventions concerning child labor (Table 3).

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in South Sudan’s legal framework to adequately protect children from the worst forms of child labor, including the compulsory education age.

There are no regulations governing the Labor Act's implementation. In accordance with the Labor Act, the Ministry of Labor, Public Service and Human Resource Development (MOL) must draft and issue regulations to implement key elements related to child labor, including the number of hours and conditions for light work, the exceptions under which children age 16 may perform hazardous work, and a complete list of hazardous work. (9,44) Drafting regulations will require cooperation between MOL and the Ministry of Justice. (14)

On February 7, 2020, the government signed a comprehensive action plan to end all grave violations against children into law. (25)

Children are required to attend school only until age 13. This standard makes children between ages 13 and 14 particularly vulnerable to the worst forms of child labor because they are not required to be in school but are also not legally permitted to work. (14,43,48)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Labor Law Enforcement

In 2020, labor law enforcement agencies in South Sudan took actions to combat child labor (Table 6). However, gaps exist within the operations of MOL that may hinder adequate labor law enforcement, including financial resource allocation.

In 2020, the Ministry of Finance and Planning agreed to provide the MOL with a budget of $3,391 (600,000 South Sudanese Pounds) per month. While MOL allocated one-fifth ($678) to its labor inspectorate, inspectors were paid sporadically. (10) MOL is authorized to retain 20 percent of the fees it collects for work permits and 20 percent of the fines it collects for labor law violations. This yielded approximately $60,000 in retained fees and fines through the first 3 months of the year. (10) This amount is divided equally among the five directorates within the Ministry. (10) However, MOL lacked sufficient resources, including vehicles, to investigate labor complaints, including allegations of child labor. (10,14,49) Moreover, sporadic payment cycles incentivized some inspectors to pocket undocumented "fines." (14) There was also a high level of absenteeism among ministry staff, and salaries for civil servants in nearly every ministry were not paid for several months, further hindering the labor inspectorate's ability to enforce child labor laws. (9,14)

In 2020, labor inspectors were trained on the application of existing labor laws. (10,14) The labor inspectorate conducted three worksite inspections per week until March, when pandemic-related lockdowns were implemented and MOL suspended worksite inspections. Labor inspectors did not target the informal sector, private homes, or farms, in which child labor is known to occur. While child labor is known to occur in the informal sector, inspections were limited to the formal sector. (10) Moreover, labor violations were not referred to legal authorities as required by law. (10,14,43) Inspectors may issue a compliance notice to violators, but regulations do not specify penalties for infractions. Although statistics on the number of people in South Sudan’s labor force are unavailable, 14 labor inspectors may be insufficient to address the scope of the country’s child labor problem. (14,50,51)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in South Sudan took actions to combat child labor (Table 7). However, gaps exist within the operations of the Government of South Sudan that may hinder adequate criminal law enforcement, including inability to prosecute perpetrators of the worst forms of child labor.

In December 2020, the government inaugurated the first Gender-Based Violence and Juvenile Court. This specialized court will provide dedicated and expedited trials of gender-based violence and juvenile cases, including labor and commercial sexual exploitation. (21) Due to the pandemic, international monitors maintained limited access to certain regions, and were therefore unable to verify alleged violations against children. These restrictions also slowed the verification and release of children associated with armed forces and armed groups in 2020. (40) During the reporting period, 57 former child soldiers were demobilized and reintegrated. (10,21,40) However, the government has not established a referral mechanism for other victims of the worst forms of child labor, including forced labor and commercial sexual exploitation.

South Sudan’s justice system faces enormous challenges, such as low capacity, insufficient funding, corruption, interference by the government and the SSPDF, insufficient training for law enforcement personnel, and a scarcity of judges, prosecutors, and defense attorneys. (14,19,52,53) Research indicates that prosecutors and law enforcement officials are not familiar with legal statutes regarding the worst forms of child labor. (9,19) As a result, police continued to arrest and imprison children engaged in commercial sexual exploitation rather than treating them as victims. (14,19)

During the first 6 months of the reporting period, the UN Country Task Force on Monitoring and Reporting (CTFMR) verified 82 grave violations against children in the context of armed conflict and oversaw the release of 57 children from service in armed groups. In January 2020, the heavily armed forces of Thomas Cirillo’s National Salvation Front (NAS), a non-signatory of the 2018 R-ARCSS, raided homes in Western Equatoria state, abducting one girl and two boys. (10) The whereabouts of these children are currently unknown. In March 2020, CTFMR also verified the abduction of a 15-year-old boy by NAS forces in Central Equatoria state. His whereabouts are also presently unknown. (10) There is no indication that any of these violations resulted in arrests or criminal prosecutions. (10) Although both the 2017 Agreement on the Cessation of Hostilities and the August 2013 Punitive Order commit the SSPDF to hold its military officers accountable for the recruitment or use of children, the government has neither investigated nor prosecuted officers who allegedly committed such crimes. (16,19)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efforts to address all forms of child labor.

While the South Sudan Disarmament, Demobilization, and Reintegration Commission (NDDRC) coordinates efforts to address children in armed conflict, the government does not have coordinating mechanisms to address other forms of child labor, because the National Steering Committee on Child Labor has not been active since it was first constituted in 2012. It is unclear what proportion of the NDDRC's budget was dedicated to demobilizing and reintegrating child soldiers in 2020. (10,14) The Ministries of Labor, Interior, and Justice are responsible for enforcement of criminal laws against child labor, child trafficking, and commercial sexual exploitation of children. However, their mandates are not clearly defined, further impeding effective government action. (9,14,21)

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including funding and implementation of relevant policies.

† Policy was approved during the reporting period.

In 2020, the government participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy to address the problem in all sectors.

‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (9,19)

Although South Sudan has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem, including in commercial sexual exploitation and child soldiering. In addition, the reintegration and rehabilitation services provided to child soldiers are insufficient to meet existing needs. (9,37,65,73)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in South Sudan (Table 11).

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