Simon Steyne, Head of Social Dialogue and Partnerships ILO International Programme on the

1. Contemporary child labour: standards, context, & evolving approaches: ETI, London 2012 Si vis pacem, cole justitiam Simon Steyne, Head of Social Dialogue and Partnerships ILO International Programme on the Elimination of Child Labour International Programme on the Elimination of Child Labour

2. Contents • The ILO, fundamental rights at work and the child labour standards • The face of child labour today • What’s going right and what’s going wrong • Present and future collaboration • Questions on continuing challenges and responses International Programme on the Elimination of Child Labour

3. The International Labour Organization and its International Programme on the Elimination of Child Labour International Programme on the Elimination of Child Labour The ILO: a UN agency of 183 member States Unique tripartite governance (governments, employers’ and trade union organizations) Promotes fundamental rights at work and decent work for all Sets and supervises international labour standards Undertakes research and shares learning Supports members through technical cooperation (inter alia IPEC – active in 100 countries)

4. Fundamental human rights at work • ILO Conventions 29 and 105: forced labour • ILO Conventions 87 and 98: freedom of association and collective bargaining • ILO Conventions 100 and 111: equal remuneration and discrimination • ILO Conventions 138 and 182: child Labour • ILO Declaration on Fundamental Principles and Rights at Work, 1998 • ILO Declaration on Social Justice for a Fair Globalisation, 2008 International Programme on the Elimination of Child Labour

5. What is child labour? • Definition of child (UNCRC and ILO) – a person under 18 years • Child labour means types of work for which the child is too young and work that harms children’s well being and hinders their education, development and future livelihoods. • A child is a person under the age of 18, BUT not all economic activity of children is child labour International Programme on the Elimination of Child Labour

6. The public global standards • ILO Convention 138 (1973) on minimum age for entry into work and employment - 161 ratifications • 15 years (may initially be 14 in countries with insufficient education provision) 107 have ratified at 15 or older • Not lower than the minimum school leaving age • Light work allowed over 13 years (initially 12 in countries with insufficient education provision) • No hazardous work under 18 years • “Risk managed” derogation 16 &17 year olds • Can exclude family & small-holdings producing for local consumption & not regularly employing hired workers (but only 13 countries do) International Programme on the Elimination of Child Labour

7. The public global standards • Convention 182 (1999) on worst forms of child labour – 174 ratifications • Prohibits all types of forced labour, CSEC, illicit activities and hazardous work for children under 18 • Hazardous work to be defined through national tripartite consultation – and mapped • Time bound measures • Tripartite oversight of implementation • Basic education a requirement for withdrawn children and (not or), where possible and appropriate, vocational training • “Risk managed” derogation 16 &17 year olds • Enhance international cooperation Immediate and effectivemeasures to prohibit and eliminate the worst forms of child labour as a matter of urgency (Art. 1) International Programme on the Elimination of Child Labour

8. Don’t be confused: Minimum ages – there is more than one... 18 years 14/15 12/13

9. The face of child labour International Programme on the Elimination of Child Labour

10. The face of child labour 5-17 yrs global population = 1.6bn 5-14 yrs: 176m economically active; 153m CL; 53m WFCL 15-17yrs: 130m economically active; 62m WFCL; 68m in legitimate youth employment Types: 66% unpaid family work, 21% paid employment, 5% self-employment Sectors: 60% agriculture; 26% services; 7% in industry; overwhelmingly informal Estimated 7% - 15% in global supply chains International Programme on the Elimination of Child Labour

11. What’s going right – and what’s going wrong? ILO 2010 Global Report on Child Labour 10% decrease between 2000-2004 but only 3% decline between 2004-2008 5-14 yrs: 10% reduction in child labour and a 31% reduction in hazardous CL 15% decline in the number of girls in child labour furtherincreasein Africa, particularly sub-Saharan Africa (highest proportion of CL) increase of child labour among (older) boys 20% increase in child labour among the 15-17 age - who have reached the minimum age of employment but are engaged in hazardous work On present trends, the goal of eliminating the worst forms of child labour by 2016 will not be reached We must tackle the roots causes and not just the symptoms – and promote decent youth employment International Programme on the Elimination of Child Labour

12. Enforcing law and promoting fundamental rights at work: meeting the challenge of the informal economy – key points from the GAP and the Hague Child labour takes place in workplaces, informal or formal (inc family homes) Workplaces are in communities (in supply chains or not) Child labour prevails where the rule of law and labour relations structures are weak and is compounded by discrimination - especially agriculture and the informal economy in general Law cannot be enforced without public funds The rights (of workers and employers) to organise in full freedom and to bargain collectively are human rights at work, essential for self-defence, dialogue, equity and to ensure that good law protects all citizens “Race to the bottom” business and labour practices suppress wage costs, perpetuate poverty, encourage informality and undermine the rule of law and respect for rights at work International Programme on the Elimination of Child Labour

13. What’s going wrong? Are we digging up the roots? Governments: in some cases Companies: some still Inventing weaker private standards – and thinking CSR is an alternative to legal compliance Thinking social auditing is a substitute for law, good business practice and mature labour relations Not integrating respect for human rights and promotion of decent work into business models Maintaining transient supply chains Lacking transparency Avoiding fair taxation Short term/cosmetic/narrow responses to external pressure – treating CL in isolation • Failing to uphold public international labour standards • Insufficient political will • Incoherent national economic, social and labour market policy • Lack of accountability • Insufficient expenditure on public services, social protection and infrastructure (inc. quality education) • Insufficient enforcement • Short term/cosmetic/ narrow responses to external pressures International Programme on the Elimination of Child Labour

14. What’s going right? Global Action Plan:recognising root causes as well as symptoms International Programme on the Elimination of Child Labour • Increasing corporate (and UN) recognition of corporate influence and responsibility in and beyond the value chain • Increasing use of holistic, integrated area based approaches (even if with sectoral entry points) – all partners must play their role, • Recognition and growing consensus that • long term remediation means tackling root causes and funding services beyond the lifetime of “projects”. All children need school – all workers need decent work • immediate interventions (“a child in danger is a child that cannot wait”) require support for children, families and communities • community based child labour monitoring systems (identify, prevent and withdraw, refer, & track) only function if services are available • that the elimination of child labour must be “owned” at all levels

15. Three recent PPPs with IPEC • 8 MNEs in the Global Issues Group: $2m: cocoa growing communities in Ghana and Cote d’Ivoire: supporting capacity coordination, CLMS, OSH (complements USDOL-funded projects) • Japan Tobacco: $3m: tobacco production in Brazil and Malawi: improving incomes and diversification, access to education, organization, national law & tripartite plans, company knowledge and capacity on CL, agricultural extension & CLMS, OSH for decent work for youth & adults • Telefonica Foundation/Proniño: supporting national and sub-regional policy and actions (inc sectors) in Latin America; and action and virtual spaces for exchange of information and good practice International Programme on the Elimination of Child Labour

16. Some areas of possible cooperation • Sectoral and value chain projectse.g.: agriculture, garments, mining, child domestic work, drawing on ILO expertise and the integrated approach; advice to companies • Cross-cutting elements of IPEC’s work • Advocacy, inter alia, World day against Child Labour • Strengthening alliances and partnerships worldwide • SCREAM (new modules on agriculture, trafficking, music, child protection, disability and children with special needs) • Social dialogue/capacity of employers, their organizations and workers’ organizations • CSR • Research International Programme on the Elimination of Child Labour

17. Questions and challenges We need a culture of compliance, so Is “the kindness of strangers” - charity and paternalism – a substitute for human rights, or sustainable? Is CSR a substitute for compliance with the law? Is social auditing a substitute for mature labour relations or labour inspection? Can “certification” or “labelling” be credible? – practical challenges and legal pitfalls Sustainability – key elements from the Hague & the ILO-GAP: Support for national tripartite ownership and integrated approaches for decent work and child labour elimination The responsibility of governments – key public services including free, universal quality education and labour inspection – require a tax base Combating informality – the fertile soil for child labour - how do we promote decent work for all? International Programme on the Elimination of Child Labour

18. Thank you for your attention! ”Labour is not a commodity ” 1944, Declaration of Philadelphia ipec@ilo.org www.ilo.org/ipec International Programme on the Elimination of Child Labour steyne@ilo.org