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WORLD OF WORK
No. 37, December 2000

 


Messages of hope

The ILO Worst Forms of Child Labour Convention: As ratifications mount, Convention comes into force

the Worst Forms of Child Labour Convention, 1999 (No. 182) came into force as international law. To date, nearly 50 countries have ratified the Convention - the fastest pace of ratifications of any convention in the ILO’s 81- year history. Worldwide, the movement seems to be accelerating among governments, as well as NGOs and children themselves. Time now to listen to thechildrens’ voices.

GENEVA - For 11 year-old Arnold, it was just another day at the school outside Manila where he's been for two years now, when he added his voice to the growing number of child labourers speaking out.

It happened the day he heard the Philippines had ratified the ILO Worst Forms of Child Labour Convention, 1999 (No. 182). "This could be the end of hard labour and perhaps the beginning of a good future for us and others who might be similarly victimized," he said.

Arnold knows what he's talking about. At the age of 11, he has already worked in dangerous conditions. His job at the fireworks factory exposed him to the risks every day, a fear that marked the then nine year-old boy.

Global events, local results

Young Arnold was one of the millions of children who used to toil in anonymity, victims of the worst forms of child labour as defined under the new ILO Convention adopted in 1999.

Arnold's job held daily peril. Before being liberated by government officials, his chief worry was getting blown up. Today, it's getting good grades and seeing his peers released from the life-threatening kinds of work he used to do.

Like many children liberated from the worst forms of child labour, Arnold and others will mark a milestone in their cause in November, when the Worst Forms of Child Labour Convention comes into force.

In Thailand, children joined adults in a carnival-type event held by the Foundation of Child Development to promote discussion on the issue of child labour, under the banner of "Children First". Among the booths set up for the children and well-wishers, one featured the music video "My Hope is in You", by the world-renowned musician Youssou Ndour, recently appointed Honorary Ambassador in the Global Campaign Against Child Labour by ILO Director-General Juan Somavia.

Meanwhile, in Jamaica, Mike "Ibo" Cooper and C. Nesbeth, backed by singers named Angie Angel, Lady G, Tony Rebel and Nazzleman, produced "Let us Try", a new reggae song written expressly about the worst forms of child labour with the refrain "We have to do what's right, So that they can be the children they should be, Not living in captivity, just happy and free..."1 The song will be used as a rallying cry in the Caribbean and internationally to encourage the elimination of child exploitation, especially the worst forms of child labour.

Those and hundreds of other events around the world were held to celebrate the coming into force of the Convention on 19 November 2000, one year to the day after receiving its second country ratification.

To date, nearly 50 of the ILO's 175 member States - or more than 25 per cent of the Organization's total membership - have ratified the Convention, giving it more ratifications in a comparable time than any other Convention during the Organization's 81-year history.2

"This is a clear demonstration of the rapidly growing movement to eradicate as quickly as possible the most abusive exploitation of children," Mr. Somavia said. "Not only is the world's fundamental labour standard on the worst forms of child labour now a reality in terms of international law, but it is generating a groundswell of global support - from governments, employers, workers, non-governmental organizations, parents and even children - all of whom want ratification to lead to implementation of its principles."

C182 into force: What it is, what it means

Convention No. 182 defines the worst forms of child labour as slavery, debt bondage, prostitution, pornography, forced recruitment of children for use in armed conflict, use of children in drug trafficking and other illicit activities, and all other work harmful or hazardous to the health, safety or morals of girls and boys under 18 years of age.

The Convention was adopted unanimously by the International Labour Conference on 17 June 1999. The first ratification was by the Seychelles on September 28, 1999, and the second by Malawi on November 19, 1999. The date of 19 November, 2000 thus emerges as its date of coming into force, since the Convention itself provides that it would come into force 12 months after the date of the second ratification.

It is important to differentiate between the Worst Forms of Child Labour Convention, and the previous ILO core convention on child labour, called the "Minimum Age Convention". This convention, numbered No. 138, was adopted by the International Labour Conference in 1973 and entered into force in 1976. It aims at the overall abolition of child labour, rather than focusing on its worst forms, and stipulates that the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling.

The recent global mobilization to eliminate child labour has been reflected in the sharply increased ratification rate for the Minimum Age Convention. The pace of ratifications of this previous convention has increased rapidly this year, from only a few per year in the early 1990s. By the end of October 2000, 102 ILO member States had ratified Convention No. 138.)

The text of the Worst Forms of Child Labour Convention has been available since its adoption a year ago. Member States were free to take action as indicated in its terms. However, now that it is "in force" as an international law, the mechanisms described below become activated.

For the purpose of campaigning and awareness-raising, ongoing since the adoption of Convention No.182, the above legal effects may have less direct impact, but will add pressure even for those countries where the Convention is not yet in force.

C 182 and the Declaration

The coming into force of C182, the eighth core Convention, will have a direct impact on the Annual and Global Reports under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, adopted in 1998. In 2001, for the first time, those member States which have not yet ratified Convention No. 182 will be asked to report on their situation with regard to respect for the principle of the abolition of the worst forms of child labour, and the efforts they have made to this end. They will be given the opportunity to request technical assistance from the ILO.

Thus, member States which have not yet ratified the ILO's core Conventions relating to child labour must, without being bound by all of their provisions, still gear their policies towards the effective abolition of child labour. As long as they have not ratified both Convention No. 182 and Convention No. 138, they must report annually on their promotional efforts in this respect.

The 2002 Global Report, issued by the Director-General under the same follow-up, will examine the global situation with respect to the abolition of child labour, including its worst forms. It will also assess the effectiveness of ILO assistance in this field, and draw preliminary conclusions on future priorities for technical cooperation. The Report will be discussed at the International Labour Conference in June 2002.

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1 "Let us Try", written by Michael "Ibo" Cooper and C. Nesbeth with DJ lyrics by Angie Angel, Lady G, Tony Rebel and Nazzleman, is a campaign song supported by IPEC and performed by local artists and children of Children First.

2 The ILO's stated goal is to obtain 87 ratifications, or half the Organization's member States, by the end of 2001.

Updated by RP. Approved by KMK. Last update: 4 January 2001.