Preamble: "the effective elimination of the worst forms of
child labour requires immediate and comprehensive action."
Convention: The Convention is a legally
binding agreement between countries on a specific issue
calling for particular actions.
ILO Convention 182: Adopted in June 1999,
the ILO Convention 182 on the Worst Forms of Child Labour
sets an international legal standard to protect children
from some of the most extreme forms of exploitation.
[
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Full Text of C182
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The
Worst Forms of Child Labour:
-
Child slavery (including the sale and trafficking of
children, debt bondage, and forced recruitment for armed
conflict)
- Child
prostitution and pornography
- The
use of children for illicit activities (such as drug
trafficking)
- Any
hazardous work which is likely to harm the health, safety
or morals of children
Hazardous
Situations:
-
Mines or in the sea
- Machinery
in motion
- Bearing
heavy loads
- Extreme
temperatures
- Agriculture
- Tanning
- Glass
- Pesticides,
herbicides
- Chemicals
- Silica
dust
Any Other Conventions on Child Labour:
ILO Convention 138 is the Minimum Age Convention adopted
in 1973 by the ILO to regulate the admission of children
to employment.
Adoption of the New Convention (182): When and
Why?
According to International Labour Organisation estimates,
there are more than 250 million child workers worldwide
and experts are of the opinion that it will take a long
time to eradicate all forms of child labour. On June 17,
1999, after two weeks of intense deliberations, delegates
of the International Labour Conference unanimously adopted
a historic convention prohibiting the worst forms of child
labour. The event marks the first time in the International
Labour Organisation (ILO) history that a convention or
treaty has been adopted with the unanimous support of
all members.
Decision Making Bodies of the Convention:
In the tripartite system of the ILO there are three official
groups: governments, employers and workers. The governments,
counting as the remaining half of the House, divided into
4 unofficial sub-groups along with other independent countries.
Three of these groups were based on geographical areas,
namely: Asia and the Pacific, Africa, and Latin American
and the Caribbean. The fourth was "IMEC", or
the Industrialised Market Economy Countries, which roughly
meant wealthy westernised countries.
Adoption of the Convention: How?
After the conclusion of the discussions on both the Convention
and Recommendation, the draft text was sent from the Child
Labour Committee to the plenary meeting of the International
Labour Conference. On June 16 it was presented to the
Assembly, a number of speeches were given in support of
it, and it was recommended for adoption. The next day,
June 17, it was placed before the delegates for a final
recorded vote. The new Convention won the undisputed support
of the International Labour Conference, with 415 delegates
representing governments, employers, and workers voting
in favour of the Convention, 0 voting against it, and
0 abstaining.
The Convention Comes into Force:
The ILO Convention on the Elimination of the Worst Forms
of Child Labour came into force November 19, 2000 with
nearly 25% of the organisation's 175 members participating
as signatories.
Who is Legally Bound by the Convention?
Members States of the ILO who decide to ratify the Convention
are legally bound by it, once it is officially in force.
Ratification by at least two Member States is needed to
bring the Convention into force.
What Happens when the New Child Labour Convention is Ratified
and in Force for a Country?
- Once the new child labour Convention is ratified and
in force for a country, the country should adhere to
the provisions, in both law and practice. For example,
C 182 declares, " Each Member which ratifies this
Convention shall take immediate and effective measures
to secure the prohibition and elimination of the worst
forms of child labour as a matter of urgency".
- The
necessary actions range from a reform of laws and their
enforcement, to practical and direct help to children
and families.
- For
C 182, a ratified country must report every two years
and this helps in regular supervision.
- The
government which has ratified also has to be accountable
for any allegation of non observance raised by procedures
called " representation" or " complaints"
under the ILO constitution.
Number
of Countries that have Ratified the Convention:
132 countries had ratified the Convention within 3 years,
symbolising the fastest ratified Convention in ILO's 82-year
history. Currently, the ratification status stands at
150. The involvement of theses countries in the Convention
clearly shows that support for the movement against abusive
child labour is gaining momentum worldwide.
The Convention 182: The Core Elements
1. Government must act immediately to end the worst forms
of child labour
2. All children under the age of 18 must be protected
from the worst forms of child labour
3. Ending the worst forms of child labour means:
-
No child slavery
- No
child trafficking
- No
children forced to join armed conflicts
- No
child prostitution or pornography
- No
use of children for crimes, including drug trafficking
- No
work that harms the health, safety and moral of children
4. Governments must consult with employers and workers
to identify what work is harmful for children
5. Governments must develop a way to monitor the implementation
of this Convention
6. After consulting with employers, workers, and other
concerned groups, governments must start programs of action
to end the worst forms of child labour
7. Governments must do everything necessary to implement
the Convention, including penalising offenders. Recognising
how important education is for ending child labour, governments
must:
- Prevent
children from starting harmful work
- Help
and educate children leaving harmful work
- Reach
out to children at risk
- Make
special efforts for girl child labourers
8.
Countries must help each other to end the worst forms
of child labour
Monitoring
of the Convention:
The
Convention requires governments to establish or designate
appropriate mechanisms to monitor the implementation of
the Convention. At the international level, the Convention
will be subject to the ILO's monitoring procedure. All
countries that ratify the Convention must report to the
ILO on what they have done to implement it. Their reports
are then closely examined by a high level Committee of
Experts which may request more information, point out
shortcomings, and request that corrective steps be taken.
| Convention 182: The Strengths |
-
Represents a major step forward
in the struggle against child labour.
-
Consolidates the global consensus
against the worst forms of child
labour and will lead directly or
indirectly to the liberation of
millions of children who are trapped
and exploited.
-
Covers
a wide range of situations of extremely
harmful child labour and offer enough
flexibility to be adapted to the
priorities in different countries.
-
Emphasises immediate and effective
action and together the Convention
and Recommendation outline in very
specific terms how to realistically
end the worst forms of child labour.
-
Will
motivate government to begin their
work without delay. The structures
and processes that this convention
establishes at the country level
will also be important for the longer
term goal of ending child labour.
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| Convention 182: The Shortcomings |
-
Does not explicitly define as one
of the worst forms of child labour
which by its very nature blocks
children's access to education.
-
The Convention explicitly bans the
forced recruitment of children for
armed conflict, including conscription
but doesn't refer to the participation
of children in those conflicts.
-
The
Convention should formally require
that children and their families
be consulted in the design and implementation
of programmes of action.
-
No
mention is given in the text of
the Convention to the situation
of children in hidden work sectors,
such as children working as domestic
servants in homes of others.
-
The
only mention of girls in the Convention
is in Article 7, which calls for
governments to take account of the
special situation of girls in the
measures they undertake. While these
general references can serve as
the basis of significant government
action, the seriousness of the problem
of girl child labour deserves much
more specific commitments.
|
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The
Convention does not give a fixed deadline by which the
worst forms of child labour must be eliminated. It will
ultimately depend on the level of public concern, the
political will of governments and the resources invested
for exploited children. Governments that take a token
approach will likely see children exploited in their country
for many years to come, but those that take a sincere
and comprehensive approach to ending the problem may achieve
results in a very short time frame. |