A convention
is a legally binding agreement on specific issues, usually
calling for particular actions. ILO Convention 182 on
the Worst Forms of Child Labour an international agreement
among member countries of the International Labour Organization
to take immediate action to eliminate the most hazardous
and exploitative forms of child labour. Convention 182
calls for immediate and effective measures to secure the
prohibition and elimination of the worst forms of child
labour as a matter of urgency.
According
to Article 3 of the Convention, the worst forms of child
labour are:
-
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 work which is likely to harm the health, safety
or morals of children
The
types of work covered by the final category, Article 3
(d), will be determined separately in each country, but
should include:
-
Work that exposes children to physical, psychological,
or sexual abuse
-
Work underground, under water, at dangerous heights,
or in confined spaces
- Work
with dangerous machines or equipment
- Work
involving heavy loads
- Work
in unhealthy environments, such as those with hazardous
substances and extreme temperatures or noise levels
- Work
for long hours or during the night
- Work
involving unreasonable confinement at the employer's
premises
Recommendation
190 to the Convention is also important, as it is
a set of non-binding guidelines that reinforce the provisions
of the Convention and elaborate on specific actions that
should be taken by governments.
The
Recommendation contains a preamble and 16 paragraphs which
deal with the main issues in the Convention:
-
The Preamble is mostly just a few formalities, citing
the order of business, referring to the Convention,
and giving the short name for the Recommendation.
-
The initial paragraph states that the Recommendation
supplements the Convention and should be read with
it.
-
The first content section is Paragraph 2 of the Recommendation
and deals with the programmes of action required by
Article 6 of the Convention. It stresses the urgency
of these programmes and further explains that they
should be designed through a process of consulting
with government institutions, employers, workers,
the children directly affected by the worst forms,
their families, and other concerned groups. It has
five key sub-sections which say that the programmes
should: identify and denounce the worst forms; prevent
children from engaging in the worst forms and help
them return to society; give special attention to
younger children, the girl child, hidden work situations,
and other vulnerable groups; identify and work with
communities at special risk; and sensitise and mobilise
society including children and their families.
-
The
second section is composed of Paragraph 3 and 4 and
provide important details relevant to Article 3 (d)
of the Convention. These two paragraphs can be seen
as being mid-way between the binding Convention and
the non-binding Recommendation, since they have been
referred to in the Convention and governments are
required to take them into account. Paragraph 3 details
a number of work situations that should be considered
hazardous, including work for long hours or where
the child is unreasonably kept at their employer's
place. Paragraph 4 states that even in occupations
defined as "hazardous", it may be possible
for children over the age of 16 to work if they have
been adequately trained and are fully protected.
The
third and final section contains Paragraphs 5 to 16
and gives quite a number of suggestions on how programmes
of action should be implemented. Paragraphs 5 to 7
deal with the collection of detailed and up-to-date
data on the wider issue of child labour, noting also
that there should be respect for privacy and the information
should be shared with the ILO.
Paragraph
8 is essentially the same as Article 5 of the Convention,
and deals with establishing national mechanisms to monitor
implementation. Paragraph 9 says there should be cooperation
and coordination between the various authorities responsible
for implementing the national action programme. Paragraph
10 says that it should be clear who is responsible when
laws against the worst forms of child labour are broken.
Paragraph 11 recommends how countries should cooperate
to deal with criminals and criminal networks, such as
those involved with the trafficking of children, child
pornography, etc. Paragraph 12 says that the forms of
child labour listed in Article 3, subsections (a), (b),
and (c) of the Convention, as well as activities that
involve the illegal use of guns or other weapons, should
be considered criminal offences; Paragraph 13 says that
the forms covered by Article 3 (d) should be subject to
penalties. Paragraph 14 suggests that other legal or administrative
measures could also be used to check cases of the worst
forms of child labour. Paragraph 15 provides a compendium
of twelve more steps that could be taken to end the worst
forms of child labour. Paragraph 16 concludes the Recommendation
with a repetition of the call for enhanced international
cooperation.
Content
of the Convention
The
Convention contains: a preamble, 8 core articles which
specify what governments are supposed to do in eliminating
those worst forms, and 8 appended articles that deal with
the ratification process and other legal technicalities.
- The
Preamble gives the context of the Convention in
the body of international law and highlights some
of the issues that motivated the Convention.
- The
First Article says that governments "shall
take immediate and effective measures to secure the
prohibition and elimination of the worst forms of
child labour as a matter of urgency"; this article
states the overall purpose of the Convention.
- The
Second Article states that the Convention applies
to all children under the age of 18.
- The
Third Article provides the framework for defining
what are the "worst forms of child labour".
Its first subsection, 3 (a), deals with slavery and
similar practices, and also specifically includes
the forced recruitment or conscription of people under
18 for armed conflict. The second subsection, 3 (b),
deals with children used for prostitution, pornography
and pornographic performances. The third subsection,
3 (c), deals with children involved in drug trafficking
or other illicit activities. The fourth subsection,
3 (d), is the broadest since it covers all work likely
to be harmful to the health, safety or morals of children.
- The
Fourth Article says that the types of work covered
by Article 3 (d) should be determined after consulting
with employers' and workers' organisations, and also
after referring to the detailed guidelines in Paragraph
3 and 4 of the Recommendation.
- The
Fifth Article says there must be mechanisms to
monitor the implementation of the Convention.
- The
Sixth Article says that governments must start
programmes to eliminate the worst forms of child labour
and design the programmes in consultation with employers,
workers, and other concerned groups.
- The
Seventh Article says there should be penal or
other sanctions to enforce the Convention. It also
requires members to: prevent children from falling
into the worst forms of child labour, provide direct
help if needed to get children out of the worst forms
and back into society, provide education to children
removed from the worst forms, identify and reach out
to children at special risk, and take account of the
special situation of girls.
- The
Eight Article says that governments should help
each other through enhanced international cooperation,
including support for basic education.
- The
Ninth to Sixteenth Articles are standard legal
articles added to the end of ILO Conventions. They
describe the process for ratifying the Convention,
how it comes into force, how countries can withdraw
their ratification, what happens if the Convention
is revised, etc. The English and French text of the
Convention are legally authoritative.
The
Most Important Elements of the Convention
Highlighting
some of the key elements that will play a significant
role in the Convention's implementation:
-
Article 1 requires that immediate and effective measures
be taken as a matter of urgency. The sense of urgency
is a unique element of this Convention which calls
for governments to overcome the usual level of inertia
and lethargy. With the sustained public pressure,
civil society will make sure that governments move
forward in fast-tracking the implementation of the
Convention.
- A "child" is defined in Article 2 as a person
under the age of 18, so in several countries it will
mean pushing up the age for entry into hazardous work.
Paragraph 4 of the Recommendation allows an exemption
to this standard for sixteen and seventeen year olds
working in situations where they have been properly
trained and are fully protected.
-
The first three subsections of Article 3 identify
areas of child exploitation that are considered universally
abhorrent (child slavery, prostitution, and use in
criminal activities). This sets a strong moral standard
that will put intense pressure on governments that
are negligent in checking these practices.
-
The final subsection, Article 3 (d), says that any
work which is likely to harm the health, safety or
morals of children should be defined as being part
of the worst forms. This broad definition sets in
motion a process described in Article 4 that identifies
exactly what those forms are and where they exist
in a country. Paragraph 3 of the Recommendation outlines
several work situations that must be considered.
-
Governments are required by the Convention to initiate
programmes of action to eliminate the worst forms
of child labour. This emphasis on action will hopefully
mean that instead of merely making promises and putting
laws on paper, governments will be taking concrete
and visible steps against the worst forms. Binding
guidelines for what should be included in the programmes
are contained in Article 7 of the Convention. Further
non-binding guidelines are contained in Paragraph
2 of the Recommendation, and the whole of Section
III of the Recommendation provides a good number of
important ideas.
-
Article 6.2 of the Convention requires that the national
programmes of action be designed through a process
that involves civil society. This will provide an
important opening for concerned NGOs and other groups
to become involved in the effort and to present their
views. Paragraph 2 of the Recommendation further specifies
that the views of children directly affected by the
worst forms of child labour, as well as their families,
be taken into account.
-
Article 8 of the Convention is a legally binding obligation
for governments to help each other in ending the worst
forms of child labour. While an important part of
this means increased official development aid to child
labour, basic education and related issues, it also
means greater regional cooperation on such issues
as migrant child labour and child trafficking.
Convention States Significant Roles for the Following:
Trade
Sanctions: The Convention does not mention trade sanctions
in any form. Great care was taken in the wording of the
Convention to make sure that it does not encourage or
require trade sanctions. The spirit of the Convention
is on international cooperation, dialogue and partnership.
Role
for Employers and Trade Unions in the Convention: In
keeping with the ILO tripartite tradition, the new Convention
has a very significant role for organisations of employers
and workers. For most of the major decisions of the Convention,
governments must consult with employers and workers, which
is to say that prior to making a decision, governments
must seek their views and in good faith consider them.
They must be consulted on the following matters:
-
Determining which work is likely to harm the health,
safety or morals of children
- Identifying
where such work exists
- Periodically
reviewing the list of such work
- Designing
and implementing national programmes of action
- Establishing
or designating mechanisms to monitor implementation
of the Convention
It was also understood that employers and workers should
be consulted when determining which other concerned groups
should be involved in designing and implementing the national
programmes of action.
In
addition to their mandatory role, the Recommendation calls
for consultation with organisations of employers and workers
when:
-
Authorising work from the age of 16 in specially protected
circumstances
- Developing
and implementing programmes of enhanced international
cooperation and/or assistance
The
Recommendation further suggests:
-
Involving and training employers' and workers' organisations
- Encouraging
businesses to develop policies in line with the Convention
Role
for Civil Society:
Organisations of civil society have developed a considerable
body of expertise in the field of child labour and should
be able to provide important insights to governments trying
to end the worst forms. There are a number of other steps
in the implementation of the Convention for which governments
are not legally obliged to consult or involve concerned
groups, but for which many governments will voluntarily
choose to do so. Governments may also choose to work through
grassroots NGOs as the quickest and least bureaucratic
way to reach children involved in the worst forms of child
labour and bring them back into the mainstream of society.
Organisations
of civil society will often be able to offer their skills
and services for many of the programme suggestions contained
in the Recommendation, ranging from mobilising public
opinion, to collecting data on cases of child labour,
to establishing helplines for children.
Participation
of the Children in the Convention:
Article
6 (2) calls for national programmes of action to be designed
and implemented "taking into consideration the views
of other concerned groups as appropriate". This doesn't
explicitly mention children, but Paragraph 2 of the Recommendation
does when it encourages "taking into consideration
the views of the children directly affected by the worst
forms of child labour". This means that current and
former child labourers should be given a chance to say
what their own needs are and what they feel would be the
most effective steps for ending the worst forms of child
labour. |
