Child Labour

1. Child Labour Law and Practice 2012

2. How Many • 317 million economically active children aged 5 to 17 in 2004(last major statistical compilation) • 218 million are child labourers • 126 million engaged in hazardous work • BUT • The number of child labourers fell by 11 per cent from 2000 to 2004

3. Child work has been declining, and the more harmful the work and the more vulnerable the children involved, the faster the decline. • The decline was much greater for those engaged in hazardous work: by 26 per cent for the 5-17 age group, and 33 per cent for 5 to 14 year-olds. • The incidence of child labour in 2004 is estimated at 13.9 percent for the 5-17 age group, compared to 16 per cent in 2000.

4. Then the numbers changed again • The 2010 ILO global report, entitled Accelerating action against Child Labour, presents new detailed estimates. Progress was greatest among children aged 5-14, where the number of child labourers fell by 10 per cent. Child labour among girls decreased by 15 per cent. However, it increased among boys (by 8 million or 7 per cent). What’s more, child labour among young people aged 15 to 17 increased by 20 per cent, from 52 million to 62 million.

5. Freedom from child labour as a human right • Until late 1980s there was almost no discussion of this as a right. No definition existed in international law. • No focused operational programmes existed among international organizations • Regarded as inevitable in much of the world. • ILO adopted series of regulations of conditions and ages - amounted to a prohibition below these ages. • UN CRC adopted in 1989, included rights of children

6. International Principles and Rights • UN Convention on the Rights of the Child (1989) • Art. 32: Providesthatchildrenbeprotectedfromeconomic exploitation and workthatthreatenstheirhealtheducation and development • ILO Minimum Age Convention, 1973 (No. 138) • Conditions under which and ages at which children can enter the work force. (Followed long series of Conventions since 1919) • ILO Worst Forms of Child Labour Convention, 1999 (No. 182) • Forms of child labour to be eliminated immediately.

7. UN Convention on the Rights of the Child, Art. 32 • 1. Recognize right of child to be protected from economic exploitation and from performing harmful work. • 2. Take measures (‘havingregardtotherelevantprovisions of otherinternationalinstruments’): • (a) Provide for a minimum age or minimum ages for admission to employment; • (b) Provide for appropriate regulation of the hours and conditions of employment; • (c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

8. ILO Convention No. 138 • Revised and consolidated 10 earlier minimum age Conventions adopted since 1919 • 165 ratifications (March 2013) • Basic obligations (Art 1): • to pursue a national policy designed to ensure the effective abolition of child labour and • to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons.

9. Coverage • Employment or work • With or without contract • Paid or unpaid • All economic sectors (see exceptions) • Does not apply (Art. 6) to work done by children and young persons in schools for general, vocational or technical education or in other training institutions, or to work done by persons at least 14 years of age in undertakings, in training programmes (e.g., apprenticeship)

10. Basic minimum age • 15 years or the end of compulsory schooling, whichever is higher • Art. 2 (4): a Member whose economy and educational facilities are insufficiently developed may, after consultation with the organisations of employers and workers concerned, where such exist, initially specify a minimum age of 14 years. • Higher and lower ages for particular purposes

11. Range of minimum ages General Developing countries • Basic Minimum Age (Art. 2) 15 years 14 years • Hazardouswork (Art. 3) 18 years NO EXCEPTION • (16 years with supervision and training) • Light work (Art. 7) 13-15 years 12-14 years

12. Hazardous work • Defined as by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons • Minimum age 18 • types of employment or work ... shall be determined by national laws or regulations or by the competent authority, after consultation with the organisations of employers and workers concerned, where such exist. • May be 16 if: • the health, safety and morals of the young persons concerned are fully protected and • the young persons have received adequate specific instruction or vocational training in the relevant branch of activity

13. Light work • Lower age of 13 to 15 (12 to 14 if 14 is the designated minimum) if • (a) not likely to be harmful to their health or development; and • (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

14. Flexibility clauses • Art. 4: may exclude limited categories of employment or work in respect of which special and substantial problems of application arise. • e.g., family business (no otheremployees) and smallscale agricultural undertakings(but note generalproblems of supervision in thissector) • But cannotexcludehazardousworkunder Art. 3

15. Art. 5: If economy and administrative facilities are insufficiently developed may, after consultation with the organisations of employers and workers concerned, initially limit the scope of application of this Convention. • But applies at a minimum to: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers

16. Art. 8 - Artistic performances: • allow exceptions to the prohibition ... for such purposes as participation in artistic performances. • Permits so granted shall limit the number of hours and prescribe the conditions

17. Worst Forms of Child Labour Convention, 1999 (No. 182) • Does not revise C138, but supplements it. • 177 ratifications (March 2013) • Art. 1: immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. • Prioritizing very unusual in international human rights • Time-bound measures required under Art. 7

18. What are worst forms? Art. 3 • (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; • (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; • (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; • (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

19. Government must make a determination • Article 4: • 1. Worst forms determined, after consulting E and W, taking into account Paras. 3 and 4 of accompanying Recommendation. • 2. Must identify where they exist • 3. Periodically revise and update

20. Who has not ratified C182? • Cuba • Eritrea • India (maybe soon) • Marshall Islands • Myanmar • Palau • Somalia • Tuvalu

21. Indicative comments by ILO supervision • C182, Burkina Faso, 2013: broad extent of internal and trans-border trafficking of children for the exploitation of their labour. … of the seven prison sentences handed down, six were suspended; one person had been sentenced to two months’ imprisonment and another to a fine of 50,000 CFA francs. • C138, Burundi, 2013: statement by the Government that the socio-political crisis experienced by the country had aggravated the situation of children, some of whom were obliged to perform work “illegally” to support their families, very frequently in the informal economy and in agriculture.

22. C138, Georgia, 2013: according to UNICEF estimates, 30 per cent of children between the ages of 5–15 years worked in Georgia and that there were reports of children between the ages of 7–12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, railway stations, etc. Moreover, … child labour is widespread in the agricultural sector at harvest time in several regions of Georgia.

23. C182, Indonesia, 2013: child domestic workers often suffered sexual, physical or psychological abuse. The Committee also noted the 2010 report entitled Recognizing domestic work as work, published by the ILO country office in Jakarta that approximately 35 per cent of domestic workers are under the age of 18. … 81 per cent of domestic workers work 11 hours or more a day, and that being hidden from public scrutiny made these workers particularly vulnerable to exploitation and abuse. … 68 per cent of domestic workers had experienced mental abuse, 93 per cent had experienced physical violence, and 42 per cent had experienced some form of sexual harassment or abuse while at work.

24. C182, New Zealand, 2013: hazardous work prohibited for children under 15 years of age, but not for all children under 18 years of age … in 2006, about 300 children under 15 years visited their doctor for a work-related injury, and that accident compensation and rehabilitation assistance was provided to between 1,000–2,000 children between the ages of 15 and 19 .. Department of Labour research paper of September 2010 according to which employers are not effective in raising school children’s’ awareness of hazards, nor their rights, in the workplace as expected under the Health and Safety in Employment Act.

25. And so on in all regions, every year. • Similar findings by the UN Committee on the Rights of the Child, though less detailed and less frequent.