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BACKGROUND DOCUMENT PREPARED FOR THE AMSTERDAM CHILD LABOUR CONFERENCE International Labour Office, Geneva. First published 1997
Contents 1.1 Extent2. Meeting the Challenge: National and International Action 2.1 Understanding the issuesConclusions
SUMMARY It points out that child labour is a worldwide problem occurring
in both developing and industrialized countries. The number of
working children between the ages of 5 and 14 in developing countries
is estimated at 250 million. Of these at least 120 million are in
full-time employment. But pockets of child labour also exist in
industrialized countries. Many millions work in occupations and
industries which are plainly dangerous, hazardous, and exploitative.
They are found in mines, in factories, in commercial agriculture, in
home work and so on. The list is endless, as are the hazards, the
dangers and the consequences. The report highlights the growing resolve and commitment around the world to put an end to child labour and proposes specific measures for action. These include: adopting a time-bound programme of action encompassing removal, rehabilitation and prevention;INTRODUCTION 1. Child labour is a major challenge of our time. Massive in scale and corrosive and fatal in its consequences, it is cruel to children, insulting to the dignity of the human person and, not least, a waste of human capital. It is almost certainly the single most important source and form of child abuse and child exploitation in much of the world today. 2. But it is a challenge also for a different reason. More than
ever before, the international community now has the resources and
the means to bring about a rapid end to child labour. And there are
grounds for optimism that societies are indeed at last mobilizing for
that purpose: Child labour has emerged as one of the most important issues on the global agenda. Admittedly, the subject has been contentious and a source of heated debate, but there are signs that confrontation is leading to consensus and cooperation. Countries which in the past turned a blind eye are now
increasingly giving their attention to the problem and seeking
international help, as can be seen from the increased requests for
assistance through the ILO's International Programme on the
Elimination of Child Labour (IPEC). The United Nations Convention on the Rights of the Child has now been almost universally ratified. The decision of the ILO member States to strengthen the armoury of
preventive and protective laws through a new Convention targeting the
most intolerable and exploitative forms of child labour shows renewed
determination and realism in the fight against this evil. 3. The Netherlands Government's initiative to hold the Amsterdam
Child Labour Conference - one of two major events in 1997, the other
being the Oslo Conference organized by the Norwegian Government - is
a contribution to the worldwide movement against the most intolerable
forms of child labour. It is also a manifestation of the growing
conviction that a global problem calls for a global solution anchored
in cooperation and solidarity. 4. The present report, prepared as a background document to this Conference, consists of two chapters. Chapter I defines the challenge that the child labour issue poses for countries and for the international community. Chapter II examines the type of action needed to meet this challenge, as well as the responsibilities involved. It also considers how international action could usefully strengthen national action in finding and implementing appropriate solutions.
1. THE CHALLENGE 6. Nor are we talking about teenagers, in both developing and industrialized countries, who work for a few hours to earn pocket money to buy the latest sports shoes or electronic gadgets. What we are concerned with are children who are denied their childhood and a future, who work long hours for low wages, often under conditions harmful to their health and to their physical and mental development, who are sometimes separated from their families and who are frequently deprived of education. That is child labour - work carried out to the detriment of the child and in violation of international law and national legislation.
1.1 Extent 8. Child labour still exists in industrialized countries. In South
European countries, a large number of children are found in paid
employment, especially in activities of a seasonal nature, street
trades, small workshops or in the context of home work. Child labour
has not completely disappeared either in other parts of Europe. It
has increased in Central and Eastern European countries as a result
of the difficulties faced by large sectors of the population due to
the transition from a centrally planned to a market economy.
Elsewhere, in the United States, the number of young people between
the ages of 12 and 17 who work is put at 5.5 million, or 27 per cent
of the total of children in this age group. To this figure must be
added the many children under the age of 12 illegally employed in
various activities -for example, in urban garment-manufacturing
workshops, as street traders and especially as seasonal and migrant
workers on large farms. 9. Because of the lack of reliable and comparable statistical data
at national level, it is not possible to assess the trend of child
labour over time. There are, however, indications that the number of
working children may have increased since 1980 in some developing
countries, particularly in Africa and Latin America, for various
reasons, including rapid population growth, deterioration in living
standards and insufficient public investment in education. Moreover,
the globalization of the economy and the liberalization of
international trade may have already resulted in an increase in child
labour in some countries. 10. Many children are put to work at a very early age. This is
particularly so in rural areas, where it is not unusual for children
to start working at the age of 5 or 6. Although most economically
active children are in the 10 to 14 age group, the proportion of
those under 10 is far from negligible. It has been estimated that one
in every five working children in Brazil, Ghana and Senegal, for
example, is under 10. The employment of very young children is a
particularly serious problem. Indeed, the younger they are, the more
vulnerable they are to physical, chemical and other workplace hazards
and to ill-treatment and violence. 11. International attention has focused chiefly on child workers
in developing countries who are employed in the export sector,
especially plantations and the textile, garment, carpet, footwear and
sporting goods industries. Their number is not insignificant; they
are not only directly employed by enterprises producing for export
but also, and often in greater numbers, indirectly employed as home
workers or under other systems of sub-contracting. However, far fewer
children are employed in production for export than in sectors
producing for domestic consumption. 12. In developing countries, the fight against child labour is made difficult by various factors, but two stand out as being especially important. First, two-thirds of working children live in rural areas, where it is difficult to reach them. An average of 90 per cent of rural working children are engaged in agricultural or related activities. This is a sector which occupational health and safety experts consider to be one of the most dangerous and most difficult to protect. Secondly, the modern sector plays a relatively minor role in absorbing child labour. Most child workers are found in the countless tiny businesses, many of them family-run, in the traditional rural and the informal urban sectors, in private households as domestic workers and, though to a far lesser extent, in the streets as self-employed traders. With very few exceptions, therefore, child labour exists not in the form of large concentrations of children in one clearly defined and easily accessible place, but scattered around in many different workplaces, which are particularly difficult to identify and reach.
1.2 Consequences 15. There are also less formal and more subtle forms of child
slavery and forced labour in all developing regions. For example,
rural parents hand over their children to urban families seeking
domestic staff, with the idea that the children will live better as
unpaid domestic workers in an affluent household than in their own
family. This is seldom the case, however. It also happens that rural
families - lured by the modest sum paid to them in advance by a
labour "contractor" in the pay of employers in the manufacturing
sector or the sex industry - allow their children to be taken to the
city to a job described as honest and well paid. In actual fact, most
end up as forced workers. 16. Child prostitution, pornography and
trafficking
Adults' abuse of children as sexual partners and for the production
of pornographic material is one of the most odious forms of violence
against children in the world today. 17. The commercial sexual exploitation of children has in recent years become a matter of worldwide concern. Children, especially girls, are being bought and sold by organized networks for both domestic and international markets. According to the 1996 report of the United Nations Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, about one million children in Asia are victims of the sex trade, and the number is on the increase in Africa and Latin America. Child prostitution is also spreading in the industrialized countries, and Eastern Europe is an expanding market for child sexual exploitation. The situation is becoming even more serious, because children are being sold and taken secretly across national borders for the sex market all over the world. 18. The increased commercial sexual exploitation of children has
various causes. The main cause is probably the laxness of
governments, which are careful not to do anything that might dry up
the rich source of revenue represented by both national and
international tourism. AIDS is also a factor. This is because adults
consider - wrongly as it happens - the use of children as sexual
partners to be the best means of protecting themselves against this
disease. And, of course, the sexual exploitation of children is a
particularly lucrative business for those who organize it. 19. The consequences for children forced to work as prostitutes or
to take part in the production of pornographic material are
far-reaching and can even be fatal. Girls risk early pregnancy,
maternal mortality and sexually transmitted diseases. They are also
subject to serious psychological problems caused by the prison-like
conditions in which they are forced to live and by the fact that many
of them from remote rural areas or neighbouring countries have
severed all ties with their families. Case-studies and testimonies
reveal a trauma so deep that many such children are unable to return
to a normal life. Many others die before adulthood. 20. Use of children in drug production and trafficking and
other illegal activities.
Many children help with the cultivation of plants used as raw
materials for producing drugs. Children are also used in the
marketing of drugs, although this is less well documented. In the
major cities of Asia and Latin America, some street children, often
drug addicts themselves, are involved in the drug trade. This trade
is organized by adults, who may also use children for pickpocketing
and car theft, for example. Recently, gangs of children, covertly
organized by adults in several Central and Eastern European cities
have become involved in such activities. Violence is a part of life
for these children, not only from the adults who manipulate them, but
also from the police. 22. Work hazards affecting adults affect children even more. This
is because children's anatomical and physiological characteristics
are different from those of adults. The spinal column and sometimes
the pelvis of children doing heavy work, carrying heavy loads or
maintaining awkward body positions for long hours can become deformed
as a result of excessive stress placed on the bones before the
epiphysis has fused. This may lead to skeletal damage or impaired
growth. Children suffer more than adults from exposure to dangerous
chemical substances and to radiation. In addition, their level of
concentration is lower than that of adults. They are not physically
suited to long hours of strenuous and monotonous work, and they
suffer the effects of fatigue faster than adults. This is
particularly so if they suffer from malnutrition, which is very often
the case. They are not aware of dangers, nor do they have any
knowledge of the precautions to be taken. 24. Child domestic workers give cause for particular concern.
Child domestic service is common in many developing countries, where
tens of millions of children are so employed. Girls predominate in
this category of child workers. 25. Hours of work tend to be long. The children are deprived of
affection. Many are physically and psychologically ill-treated;
beatings, insults, punishment by being deprived of food, and sexual
abuse are known to be common. Consequently, it is not unusual for
girls to run away from their employer's house, and often they end up
working as prostitutes. 26. The impact of child labour on intellectual development can
also be serious. Although many children who work continue to study,
many others do not go to school at all. Of the approximately 250
million working children between the ages of 5 and 14 in developing
countries, some 120 million have dropped out of school. A number of
national child labour surveys (in Brazil, Colombia, Ecuador, Ghana,
India, Indonesia, Senegal and Turkey) indicated that the drop-out
rates could be between 30 and 50 per cent. These surveys also
revealed that dropping out of school was less common among children
of primary than of secondary school age. In rural areas, however,
children of all ages tend to cease attending school early - even at
primary school age. 27. There is a strong analogy between ILO child labour statistics
and UNESCO school attendance statistics. According to UNESCO, up to
20 per cent of children of primary school age - 128 million - were
excluded from education in 1990. The proportion of secondary school
age children excluded was in the region of 50 per cent. It may
reasonably be supposed that many of these children are engaged in
economic activity, especially those excluded from secondary
education. The ILO figure of some 120 million children working on a
full-time basis would seem to indicate that this is indeed the case.
It is unclear, however, whether children give up school because they
have to work or whether they work because they have given up school
for other reasons. 28. It has been observed that above a certain threshold in respect
of hours of work, which varies according to age and type of activity,
a child's learning capacity can be impaired. According to American
researchers, the academic performance of young persons aged between
12 and 17 is generally adversely affected if they have worked 15
hours a week. This threshold is considerably exceeded in developing
countries, even among children under 12. In those countries, the data
on the relationship between work at an early age and children's
academic achievement, although meagre, indicate that the effects of
the former on the latter are extremely negative. 29. The lack of elementary schooling is particularly serious, as
it is now more important than ever to be able to read, write and
count, and to have acquired a certain critical sense in order to be
reasonably well integrated into society.
1.3 Causes 31. In many cases, child labour costs little or nothing. This is
true of family businesses, which are the largest employers of such
labour. ILO-supported experimental statistical surveys in 1992 and
1993 in Ghana, India, Indonesia and Senegal revealed that over 75 per
cent of working children were employed in family businesses. The
economic viability of such businesses is often dependent on
children's unpaid labour. It is often imagined that the children
involved work in an idyllic situation under the benevolent and
watchful eyes of parents, who are careful to employ them only outside
school hours and only on tasks that present no dangers. Experience
indicates, however, that this is not always so. 32. The cost factor also comes into play in the case of small,
undeclared, financially precarious businesses. These depend on
fluctuating or seasonal markets and are subject to competition from
larger, more mechanized enterprises. Alternatively, they are tied to
the latter by sub-contracting agreements, which are very prevalent in
the informal sector in developing countries. These businesses often
pay children little more than occasional pocket money, on the pretext
that they are being offered the opportunity to learn the rudiments of
a trade. In domestic service, children often receive no more than
board and lodging, like those forced to live and work on large landed
properties in order to pay off a debt incurred by their families.
Little is known about the earnings of children used for prostitution
or the production of pornography. It is obvious, however, that the
bulk of the income from these activities goes straight into the
pockets of those running the sex industry. 33. Children, if they are paid at all, are paid less than adults
in most cases, as revealed in the ILO experimental statistical
surveys mentioned above. In Ghana, for example, three-quarters of the
children interviewed in 1993 were paid less than one-sixth of the
legal minimum wage. In Indonesia, children were earning about
three-quarters of the wage paid to unskilled adult workers. Household
surveys in Colombia and Ecuador between 1992 and 1994 revealed that
children's earnings were low. In Colombia, children of 12 and 13
earned less than a quarter of the legal minimum wage. In Ecuador,
two-thirds of child workers aged 10 and 11 and over a quarter of
those aged 12 and 13 earned less than the equivalent of 15 US dollars
a month. 34. It is often claimed that children are irreplaceable in certain
export industries, which would not be competitive if they were unable
to use child labour. An ILO-supported study of the handwoven carpet
industry in India concluded, however, that children were not
economically necessary for the industry to survive in the market. In
fact, any labour-cost savings achieved through employing children
rather than adults are surprisingly modest in proportion to the final
price paid for carpets in the importing countries - between 5 and 10
per cent. Sellers and buyers could therefore between them absorb the
added cost of hiring adults only. Why then does the industry hire
children, especially in the face of growing international resistance
to products that have involved the use of child labour? The answer
lies in where the gains from using this labour occur. In the
carpet industry, it is the numerous loom owners who supervise the
weaving that benefit directly. They are usually poor, small
contractors, who work to a very slim profit margin and can as much as
double their meagre income by using child workers. Their income is so
modest, however, that a very small increase in the consumer price
would be sufficient to subsidize the cost to the loom owner of using
only adult labour, provided that it was properly targeted. Relatively
minor changes in the financial arrangements between loom owners,
exporters and importers would reduce the incentive to employ child
labour. 35. These findings in an extremely competitive and
labour-intensive industry, thought by some to be among those
industries most dependent on child workers, raise serious doubts
about whether any industry has to depend on child workers in order to
be competitive. Certainly, the burden of proof rests with those
making such a claim. However, in a free global market, abolishing
child labour in one country could result in business simply being
transferred to countries that still use it. Again, the example of
handwoven carpets is instructive. A survey of carpet importers in a
United States city found that if the price of carpets in India rose
by more than 15 per cent, importers would stop buying them from that
country. Thus the demand for child labour is effectively
international, and action to discourage it needs to encompass all
major producers so as to avoid "beggar-thy-neighbour"
competition. 36. A number of other factors also influence the demand for child
labour. The most important of these is the fact that children are
less aware of their rights, less troublesome and more willing to take
orders and to do monotonous work without complaining. They are also
more trustworthy and less prone to absenteeism. Since their work is
generally illegal, they are unlikely to complain to the authorities
or join a trade union. Child labour is particularly useful for
employers in the informal sector, who are often faced with extreme
fluctuations in the demand for their products. In peak periods,
children are a valuable reserve of casual labour, while in slack
periods they can be laid off more easily than adults. 37. Additional factors influencing the demand for child labour are
sociological or cultural. For example, some employers may consider
that they are doing poor families a favour by giving their children
work. In certain families and regions children traditionally follow
in their parents' footsteps. If a family has a tradition of working
in a hazardous occupation such as tanning, there is every likelihood
that the children will be caught up in the same process. In
occupations where payment is on a piece-rate basis, it is quite
common for children to "help their parents", for example on
construction sites, on plantations or in home work. 39. Households in which adult members are unemployed or
under-employed often need the money their children can earn. Indeed,
children commonly contribute up to 20-25 per cent of family income.
Since poor households spend the bulk of their income on food, the
money provided by working children is obviously crucial to their
survival. 40. Poverty, however, does not necessarily cause children to work.
In many developing countries, poor families who make some of their
children work - mainly the girls - send others to school. On the
other hand, some families compel all their children to engage in
economic activity, while others, equally poor, are willing to go
without certain things in order to keep their children at school. At
the national level, the proportion of working children may vary
within regions within the same country, even where poverty levels are
the same. At the international level, countries may be equally poor
and yet have varying incidences of child labour. 41. Children subjected to the most intolerable forms of labour
generally come from population groups which are not only economically
vulnerable, but also culturally and socially disadvantaged. Poor
single-parent families, often headed by women, especially tend to
rely on child labour for family survival. Cultural traditions in many
parts of the world are such that parents systematically favour the
education and development of sons over daughters, thereby
perpetuating the vicious circle of poverty from one generation of
women to another. Indigenous and tribal populations and other groups
discriminated against on grounds of caste or race, as well as migrant
families, are also often forced to resort to child labour. 42. Poverty and child labour reinforce each other, poverty giving
rise to child labour and child labour perpetuating poverty. It may be
reasonably argued that because child labour excludes or restricts
access to education and jeopardizes the chances of upward social
mobility, it perpetuates poverty, since lack of education impacts on
earnings throughout life. By jeopardizing the child's development,
work perpetuates poverty because it depreciates the human capital
needed for economic and social development. 43. It can, moreover, be assumed that children's involvement in
economic activity exacerbates poverty because it increases
unemployment and under-employment among adults. In paid employment,
in a factory for example, the use of children instead of adults can
indeed have a negative impact on adult employment, wages and other
conditions of work. At the other extreme, however, child labour can
facilitate adult employment, although this often involves turning a
blind eye to the exploitation of the children. For example, many
adults, particularly women, are able to enter the job market because
their children are taking care of the basic household chores.
Similarly, many farmers and small entrepreneurs maintain the
viability of their businesses, and the employment of adult workers,
by making their children do unpaid work. 44. It is generally the poorest families that have the most
children. Statistics have shown that the bigger the family the
greater the likelihood that the children will work and that school
attendance and scholastic achievement will therefore decline. For
this reason, some believe that a policy of limiting or progressively
reducing the average family size would greatly help to reduce the
incidence of child labour. 45. The demand for child labour is also generated by the
quantitative and qualitative deficiencies of education systems. In
many developing countries, large numbers of poor families cannot
afford to send their children to school. School can be expensive.
"Free" public education generally represents a considerable
investment for a poor family, which has to pay for books, uniforms
and other school requisites, transport costs, and even payments to
the teachers. Sometimes, a child in primary school costs the
equivalent of one-third of the family's cash income, and many
families have more than one child of school age. Moreover, this
figure does not take into account a family's loss of earnings if the
child goes to school instead of working. This is why, very often,
children work above all in order to pay for their own schooling. 46. Many children live in communities where there are no schools,
and consequently they work. Where there are schools, the cost of
schooling for a poor family is such that there must be a return on
the investment. But this is very rarely the case. The quality of the
teaching provided for poor children is often abysmal. It holds out so
little prospect of social advancement that it simply does not justify
such heavy sacrifices. There is abundant evidence of families that
would like their children to receive an education, but which either
lack the necessary means or feel that school costs too much for what
it actually is. Although many children leave school because they have
to work, many are so discouraged by school that they would rather
work. Because of these difficulties, only 68 per cent of children
worldwide complete their primary education (up to the age of 11). The
percentage of those who stay at school until the final year of
primary education varies enormously from one region to another,
ranging from 96 per cent in the industrialized countries to a mere 48
per cent in sub-Saharan Africa. Children who do not complete their
primary education are likely to remain illiterate and never acquire
the skills needed to get a job and contribute to the development of a
modern economy in their country. 49. International cooperation can usefully contribute to
improving national capacities for the production of detailed and
reliable information on child labour and for monitoring progress at
both national and international levels, building on work already
carried out by the ILO in this field in recent years. The ILO has
developed a new statistical survey methodology, which has been tested
in several countries. Furthermore, it has provided about a dozen
countries with technical and financial assistance to enable them to
apply this methodology. But the need remains enormous, and
international assistance is very much needed to help the ILO extend
its services to the increasingly large number of countries requesting
it. 50. The ILO is planning to expand its services and establish a
major programme of research, statistics and mechanisms for monitoring
child labour. It will include a synthesis of and an update on
national and international research, and experience in technical
cooperation programmes, as well as a database which could become a
valuable tool for the international exchange of experience,
information and policy analysis relating to child labour. Such a
programme could do valuable work by financing and supervising
research projects on little-known but important aspects of child
labour, such as the impact of policies and programmes of action to
combat child labour; the economics of child labour and the effects of
incentives (education grants, free school meals, etc.) and
disincentives (import restrictions on goods produced by children,
codes of conduct, social labelling, etc.) on the incidence of child
labour; child labour and economic and social policy; and the links
between child labour and social exclusion. 52. Although the policy should aim at the eventual abolition of
child labour, national efforts should initially focus on the
immediate elimination of child labour situations that are degrading
or particularly hazardous, such as slavery, forced labour and bonded
labour; the sale or trafficking of children for the purpose of
exploiting their labour; child prostitution and child pornography;
and the use of child labour in drug production and trafficking or in
other illegal activities. Similarly, national policy should aim at
the prohibition of child employment in occupations or industries that
are hazardous. 53. While it is fairly easy to agree on child labour which
constitutes a serious violation of human rights, it may be more
difficult to define the particularly dangerous occupations and
industries. There are, in fact, countless work situations that are
liable to harm the physical integrity of children to a great extent.
The hazards for children may be due to the fact that the work
assigned to them is in itself dangerous. Examples of this are
handling pesticides and cutting sugar cane by hand; muro-ami fishing;
underground work in the mining industry; work in the construction
industry carried out at high altitudes or involving the use of
asbestos and other toxic or carcinogenic substances; and the
salvaging and recycling of household waste. In other instances, the
work is not intrinsically hazardous but becomes so as a result of the
poor conditions under which it is carried out. This is the case, for
example, when children have to work in difficult atmospheric
conditions (extreme humidity, intense heat or cold, high noise and
vibration levels, dust and fumes, etc.), and for excessively long
periods. And it is also the case when children are exposed to
humiliations, beatings and other forms of physical cruelty or
ill-treatment. 54. The elimination of labour performed by children under
degrading or particularly hazardous conditions does not only involve
removing them from work situations in which such conditions obtain.
It also involves offering them - or their families - viable
alternatives, such as non-formal education and training enabling them
to reintegrate into the education system, or remunerated activity
more in keeping with their age. Without those alternatives, these
children are most likely to end up in other equally degrading or
hazardous economic activities. Measures must be taken so that
children removed from such work situations are not replaced by other
children previously engaged in economic activity. 55. The international community can contribute to the
formulation of realistic national objectives by reinforcing the
arsenal of international legal instruments such as the UN Convention
on the Rights of the Child and the ILO Conventions, Convention No.
138 in particular. Convention No. 138 concerning minimum age, 1973,
stipulates that each Member that ratifies it shall undertake 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. It
specifies 15 years as the basic minimum age, 13 as the minimum age
for admission to light work, and 18 as the minimum age for admission
to hazardous work. Convention No. 138, which has been ratified by 52
countries, 24 of which are developing countries, has lost none of its
relevance. Indeed, the establishment by law of a minimum age below
which children should not be permitted to work is and will remain one
of the basic instruments of a strategy of coherent action to combat
child labour. However, Convention No. 138 is viewed by some as too
complex and too difficult to apply in its entirety, at least in the
short term. 56. For this reason, the ILO Governing Body decided in March 1996
to include child labour on the agenda for the 1998 Session of the
International Labour Conference, with a view to the adoption, in
accordance with the double-discussion procedure, of new international
standards for child labour. The basic objective is to induce the
international community to adopt an international Convention on the
extreme forms of child labour. Such a Convention would supplement
international instruments dealing with children and their rights. It
would apply to all children under the age of 18 and would oblige
member States to put an immediate end to all intolerable forms of
child labour. The Convention would require them to determine and
apply appropriate penalties for breaches of its provisions. Another
important aspect is that it would encourage member States to help one
another through international legal and technical assistance or other
types of cooperation aimed at combating the most intolerable forms of
child labour. 58. The international community has a role to play as
regards information and awareness-raising in influencing and
sensitizing public opinion in industrialized and developing countries
with regard to child labour. The international community is in a
position to convince national authorities of the urgent need to
assume their responsibilities concerning child labour. It has several
fora for this purpose. For example, there is the Working Group on
Contemporary Forms of Slavery, set up by the UN Commission on Human
Rights in 1975, whose function is to monitor compliance with the
provisions of the two United Nations Conventions on Slavery (1926)
and on the Abolition of Slavery (1956). The UN Committee on the
Rights of the Child, for its part, oversees the application of the
Convention on the Rights of the Child, particularly the provisions of
Article 32 which affirms the right of children to be protected from
economic exploitation and from performing work that is likely to be
harmful to them. The ILO itself has a Committee responsible for
supervising the application of ratified Conventions and for
recommending remedial measures to recalcitrant governments. In recent
years, this Committee, which meets every year during the
International Labour Conference, has strongly encouraged governments
of countries beset by serious problems of bonded labour and child
prostitution to make a greater effort to discharge the
responsibilities ensuing from their ratification of Convention No. 29
concerning forced labour (1930). 59. International organizations can also play a part in changing
mentalities and social attitudes to child labour through their
technical assistance activities. The IPEC, for example, gives
priority to information and awareness-raising activities in the
participating countries. In addition, it finances a number of
small-scale interventions, at local community level and with
different groups of children, aimed not only at rescuing them from
their work situations, but also and above all at demonstrating that
it is possible to change attitudes and values. 60. International employers' and workers' organizations are
playing a useful role by sensitizing their affiliates. Through the
resolutions on child labour adopted at its World Congresses in
Caracas and Melbourne, and especially through the world campaign
against child labour which it launched in 1994, the International
Confederation of Free Trade Unions (ICFTU), for example, has sought
among other things to promote trade union awareness of the issue at
national level. Also, the International Organization of Employers
(IOE) has decided to take action aimed at sensitizing its national
affiliates to the child labour issue. The resolution on child labour
adopted on 3 June 1996 by its General Council contains a number of
recommendations to employers and their organizations, and calls on
the organization's Executive Committee to follow it up with a
proactive programme. For their part, the Universal Federation of
Travel Agents' Associations (UFTAA) and the World Tourism
Organization are conducting information campaigns to combat child sex
tourism. In 1994, the UFTAA adopted a Charter under which travel
agents who sign it commit themselves to the struggle against this
evil by increasing awareness of it in the travel and tourism trade.
So far, the Charter has been signed by 60 travel agencies. 61. Non-governmental organizations are also making a useful
contribution to awareness-raising among the public in developing and
industrialized countries. Many have been active in combating slavery,
forced labour and bonded labour at international and regional levels,
and have successfully drawn attention to these problems and
stimulated action against them. 62. These efforts by international organizations such as the ILO
and UNICEF, employers' and workers' organizations and
non-governmental organizations have been instrumental in creating a
worldwide movement against child labour. And thanks to them, much has
been achieved. But there is still a long way to go, and hence the
need for the international community to pursue its work so that more
and more communities and actors join the campaign against child
labour. 64. There is sometimes a tendency to give preference to removal
and rehabilitation measures rather than to prevention. Experience,
however, has shown that it is easier and cheaper to prevent child
labour than to remove and rehabilitate those forced into it. In
developing regions, children exploited at work or employed under
hazardous conditions are particularly numerous and difficult to
reach. Removing them from work and providing them with viable
alternatives requires a major infrastructure in countries where this
does not yet exist. For this reason, removal and rehabilitation
measures have benefited only a tiny minority: they have been unable
to stem the flow of children into extreme forms of labour. It is
therefore important that they are conceived as part of a
comprehensive policy covering prevention, removal and
rehabilitation. Prevention 66. Preventive measures should be a priority for international
cooperation. The far-reaching reforms entailed require considerable
investments by poor countries and increased assistance from
individual rich countries and the international financial
institutions. Through their technical assistance activities, several
UN specialized agencies could contribute to the inclusion of child
labour issues in economic and social development programmes. 67.Child labour legislation and its
application.
Legislation is one of the most powerful instruments available to
governments in combating child labour. In most countries, labour
legislation prohibits the employment of children under a certain age,
which is generally higher for hazardous work - usually 18. It also
regulates working conditions for children above that age. An ILO
analysis of legislation in force in 155 member States reveals the
existence of legal provisions strictly limiting the possibilities of
employing children in hazardous conditions or types of work. In
almost all countries, for both adults and children, forced labour and
servitude are also prohibited either by the Constitution or by labour
legislation. In India and Pakistan, specific legislation has even
been enacted to prohibit bonded labour and rehabilitate workers
subjected to it. Moreover, the employment of children in prostitution
or the production of pornographic material is generally banned by
penal law provisions. 68. Legislation has had a significant impact on the formal sector,
especially on enterprises in the urban sector. Frequently, however,
labour laws do not cover certain sectors of economic activity where
child labour is prevalent, exploitative and dangerous. The ILO
analysis mentioned above reveals that domestic service, agriculture
and the wholesale and retail trade are, for example, exempt from the
provisions of labour law in many countries. Elsewhere, other types of
enterprises are exempt: these are generally family businesses and,
less frequently, businesses employing a small number of workers
(usually fewer than ten). Elsewhere again, exemption depends on the
types of employment. This applies, for example, to children working
for themselves, apprentices, children in temporary or casual
employment, or those engaged in home work. 69. There are moreover at least two other fairly common
deficiencies of labour legislation. First, the penalties for
offenders are generally too light to have a deterrent effect. Second,
a legal ban on the employment of children in work that might be
detrimental to their health or safety is not always accompanied by
statutory provisions clearly defining the nature of such work. 70. Improvements in protective legislation are therefore essential
in a number of countries. The most important would be to ensure that
at the very least, this legislation formally prohibits the employment
of children under 12 in all sectors of activity and in
all types of enterprise or employment. Equally, it must be
ensured that legislation prohibits the employment of children in
types of work or in working conditions likely to impair their health,
safety, education, morals or dignity. A detailed list of prohibited
types of work and working conditions should be annexed to the
legislation. 71. In the developing countries, the inadequacies of enforcement
machinery are primarily due to the characteristics of child labour
and to the economic and sociocultural context in which it is
performed. Establishments that habitually employ child labour are
extremely numerous and scattered (small farms, small shops and
workshops in the urban informal sector; private properties in the
case of family enterprises; child domestic servants and children
engaged in home work). The work is often clandestine. Many children
work in establishments that do not officially exist. The children,
their parents and the small entrepreneurs do not know the relevant
laws and regulations; and the parents in particular are generally
unaware of the illegal nature of their children's work. This
ignorance, and their desire to retain the income generated, explain
why there are virtually no complaints about the employment of
children in exploitative or hazardous conditions. 72. The procedures for filing complaints and prosecuting offenders
are another obstacle. They are so lengthy and complicated that they
deter poor, and often illiterate, families from using them. Also, the
authorities responsible for registering complaints generally lack the
necessary resources to investigate the cases of abuse of child labour
that have been reported to them or to take legal action against the
offenders. Moreover, the inspection authorities operate in a
particularly unfavourable environment. Some of the problems involved
are public indifference, the apathy of the legal machinery, pressure
from powerful economic interests and the complicity of children and
their parents. Last but not least, a genuine political will to
enforce the law is often lacking. 73. The shortcomings of the inspection services with regard to
enforcing the law can also be explained by the shortage of human and
material resources at their disposal. The number of labour inspectors
is exceedingly low compared with the number of workplaces to be
inspected. Moreover, since the duties of labour inspectors are many
and varied, child labour, which is often considered to be of minor
importance, occupies only a very small proportion of their time. The
transport available is derisory and barely sufficient for them to
inspect the large and medium-sized enterprises in the major cities.
The inspection methods used in the modern sector of the economy are
virtually ineffective when it comes to inspecting establishments in
the urban informal sector and the small farms, where the majority of
child workers are to be found. 74. Serious limitations are imposed on the inspectors' action. For
example, they may not inspect certain workplaces (e.g. private
residences in the case of child domestic workers), or they may
conduct their inspection only during certain hours of the day. Labour
inspection personnel are poorly paid, and this sometimes makes them
susceptible to attempts to bribe them. They have a very low position
in the hierarchy, and their work is not particularly appreciated. All
of this explains their frequently observed lack of motivation and
sense of frustration. Political pressure is sometimes brought to bear
to prevent them from intervening in a particular establishment or to
persuade them to turn a blind eye to what is going on there. In
addition to these difficulties, labour inspectors are often in the
awkward position of having to enforce regulations prohibiting the
employment of children, when there are no means of compensating for
the loss of earnings to the family, and no schools to take the
children. Where there are schools, they are already overcrowded or
cost more than the family can afford. This situation poses a dilemma
for many inspectors, and they often prefer not to intervene at
all. 75. Much, however, can be done to improve the efficiency of law enforcement machinery, despite present limitations in terms of financial resources, personnel and transport. Thus, once combating child labour has been recognized as one of the priorities of government policy, the following measures could be taken: (i) obliging labour inspectors and other concerned parties such as the police to devote more time to monitoring the application of laws prohibiting the employment of children in exploitative or hazardous conditions; and providing them with training to enable them to identify and deal with the most serious and most urgent cases of child labour;76. International cooperation could make a greater contribution through technical cooperation to framing and implementing national laws for the proper protection of children against dangerous work or degrading working conditions, especially child bondage and prostitution, sex tourism and the use of children in the production of pornographic material, and for ensuring international compliance with accepted norms. More and more governments in industrialized countries are amending their legislation so as to punish their nationals for sexual acts committed with children in other countries. Some have even seconded agents to a number of developing countries to facilitate investigations concerning such acts. In these same countries, action has been taken against travel agencies that organize tours for the purpose of the sexual exploitation of children. Interpol (the International Criminal Police Organization) keeps a central file on convicted paedophiles and notifies national authorities of their movements. As many as 64 countries have developed a system of liaison agents, through which they exchange information, particularly about ongoing investigations. This information is also communicated to the Interpol secretariat. 77. Education and training.
One of the best means of strengthening the effectiveness of the legal
approach to child labour referred to above is to provide children
from the poorest families with an appropriate educational
infrastructure. This means that it should be accessible to them as
regards distance to be travelled, and should be free of charge or at
least involve no direct costs. Moreover, it should provide a relevant
education, i.e. one that is suited to the children's economic and
social environment, and offers good chances of subsequent integration
into the labour market. The provision of such an infrastructure is
one of the State's basic responsibilities. 78. To discourage child labour, school should be made compulsory
up to a certain age. Most countries, in fact, make legal provision
for a period of compulsory school attendance. According to UNESCO,
this existed in 152 of the 173 countries for which information was
available in 1995, the minimum school-leaving age being between 13
and 16. Minimum ages of 10 to 12 are much rarer, as are cases where
the period of compulsory schooling does not end until the age of 17
or 18. In compulsory school attendance legislations, the onus is on
parents to send their children to school up to a specified age. This
makes sense, obviously, in places where the State has put schooling
at the disposal of all children of an age to attend school.
However, this is seldom the case in developing countries. In fact,
the main obstacle to universal access to education up to a certain
age lies not so much in the alleged resistance of families or
children as in the inability of the public authorities to meet
demand. This is especially true of the demand of the poorest families
in rural areas or overcrowded slums, even at primary school level. In
the 1980s and early 1990s, the resources allocated to education
consistently decreased in many countries. This was widely attributed
to the unfavourable economic situation and the structural adjustment
policies introduced to remedy it. This argument is not very
convincing, however. In fact, in one-third of the 116 countries for
which information was available in 1989-90, military spending far
exceeded spending on education. 79. The discrepancies in many countries between the minimum
school-leaving age and the minimum age for admission to employment
give rise to a further problem. In a number of cases, the former is
higher than the latter. This allows children access to employment or
work before they have completed the required minimum number of years
of schooling. In countries where the law permits them to work, a
great many children from deprived families therefore stop going to
school. The converse also creates problems. In countries where the
minimum age for admission to employment or work is higher than the
minimum school-leaving age, children who leave school at the
statutory age have to wait one, two or even three years before they
are allowed to engage in economic activity. Many of these children,
however, will start work - illegally - before then. This is why ILO
Convention No. 138 establishes a link between the minimum age for
admission to employment and the minimum school-leaving age. 80. National education and child labour policies should work in
tandem. It is essential that prevention of child labour be one of the
major objectives of state education programmes. It is also essential
that these programmes operate actively and concretely in those areas
or districts to which the government has decided to direct its
national action against degrading and particularly hazardous forms of
child labour. Furthermore, the education authorities should devote
greater attention to reintegrating into the school system those
children who have been freed from these forms of work. 81. Making a reality of the school system described above may
entail considerable costs for the State. These must be accepted,
because quality education is both a basic right of all children and
an essential duty of the State. International cooperation
should be particularly generous. It should provide for financial and
technical support to poorer countries endeavouring to establish such
a system. 82. More and better jobs for adults, and social
protection.
Rescuing families from absolute poverty requires active economic
growth and social protection policies which result in benefits for
the most deprived sections of the population and relieves them of the
economic pressures that oblige them to put their children to
work. 83. These pressures are themselves linked to the fact that adult
members of families living in a state of absolute poverty are
unemployed or under-employed. National authorities should therefore
ensure that economic growth results in creation of productive and
adequately paid jobs for these families. The expansion of
infrastructures in rural areas through labour-intensive work methods
is one important way of achieving this. Another is providing the
poorest men and women with access to ownership of productive
resources, and to credit, improved production techniques and
commercial networks. Old-age parents, the disabled and others not
able to engage in productive employment should be provided with
adequate social protection programmes. Job creation and social safety
net programmes should be linked to programmes of action to combat
dangerous or exploitative child labour. In other words, they should
be designed to benefit those local communities with a high
concentration of child labour or even explicitly target families
prone to engage their children in bondage or prostitution. 84. Here again there is a major role for international
cooperation. It is not possible to improve children's lot without
combating poverty. Legislation and education have an important and
necessary role to play, but they will fail unless the international
community is committed to combating poverty through supportive
action. 86. Children successfully removed from work often need assistance
in various areas. This is particularly so if they have been stunted
in their development because they were bonded, exploited practically
since they were toddlers, are being prostituted or are living and
working on the streets without their families or any stable social
environment. They might, for example, be suffering from an
occupational or sexually transmitted disease, or from malnutrition,
or be completely illiterate or considerably behind in their
schooling. They therefore require special assistance, intensive
follow-up, counselling and often legal aid. 87. Evidence from IPEC-supported programmes has shown that these
children require assistance from a team of specialists, such as
social workers, paediatricians and psychologists. Volunteers and
community workers can also contribute to their rehabilitation, but
they must receive proper training. Cooperation with the police is
also needed, so that "rehabilitated" children are not stigmatized or
persecuted. Some action programmes try in addition to reunite
children with their families from whom they have been separated on
account of their work. These programmes have met with success if they
provided additional support to the family. Although the cost of
rehabilitation programmes is very high, they are vital if former
child workers are to be satisfactorily reintegrated into society and
the school system. 88. Incentives for families. The removal and rehabilitation
of child workers should be complemented with measures or incentives
which provide support to poor families. IPEC-supported programmes and
other initiatives have shown that families are willing to make
financial sacrifices if viable alternatives to child labour are
provided to them. In several programmes, the family is provided with
benefits, in cash and/or in kind, which partially compensate for its
loss of income if a child stops working. Economic incentives may
include monthly allowances paid to parents for a specific period,
study grants, free books, uniforms, school meals and other school
requisites. They may also include exemption from registration fees
and, last but not least, practical skills training or other schemes
for children which combine studies and training for work under
supervised conditions. 89. An ILO survey on the impact of these economic incentives in 18
developing countries concluded that poverty makes such incentives
necessary, but that in order to be effective they must be combined
with other activities - for example, the setting up of schools,
improvements in teaching, awareness-raising and community
development. The organizations involved pointed to a number of
problems, such as risks of corruption and cheating; creation of
family dependency on the programme concerned; and a danger that
parents might make their children work in order to benefit from the
programme or put them back to work when the benefits ceased. Care
must be taken because these incentives can absorb a never-ending
stream of funds. They may, however, sometimes be the only way to
break the vicious circle, especially in extreme cases of child labour
such as bonded labour and prostitution. 90. The experience acquired with this type of programme seems to
indicate that the type of economic incentive in each particular
situation needs to be carefully selected, and families must be asked
to help in the rehabilitation of their children, so as to prevent
them from becoming dependent. Even more significant is the fact that
these experiments have shown that economic incentives are vital for
child workers whose survival is threatened once they have been
removed from work. This is an area of work of potential significance,
which calls for international cooperation and assistance. 91. Incentives for employers. The liberalization of
international trade has prompted various religious, trade union,
consumer and human rights organizations in the industrialized
countries to put pressure on consumers, importers and multinational
enterprises to give attention to the conditions under which the
products they buy or import are manufactured, and especially to the
question of whether they use child labour. 92. Four types of trade incentives have come to the fore in recent years. (i) Labelling. This consists in putting a label on an item - or in the shop where it is sold - which guarantees to consumers in industrialized countries that the product has been manufactured without child labour. Labelling has been used particularly for carpets and, to a lesser extent, garments. The main idea is to encourage consumers to opt for labelled products rather than others. Its promoters hope that consumer pressures will influence exporters and producers in developing countries to change their methods of production and to stop using child labour, both now and in the future. The best known labelling campaigns are those conducted in the carpet industry by the Rugmark foundations in Germany, India, Nepal and the United States.93. The impact of trade incentives or sanctions is a matter of considerable debate. The mere threat of trade sanctions is known to lead employers to abruptly dismiss tens of thousands of children. According to an ILO based on a sample of the children laid off, the working children concerned shifted to other occupations, which were often more hazardous, and there were no instances of children returning to school. This example shows that where measures concentrate solely on the export sector, children are removed from work only for an extremely short period. This is because they rapidly shift to other domestic economic sectors, which are often illegal and thus less well regulated. Evidence therefore suggests the need for caution and to move children away from the workplace in a phased and planned manner. 94. Labelling campaigns and codes of conduct are extremely recent,
and the lack of reliable evaluations makes it difficult to measure
their impact. However, it may reasonably be believed that they have
increased the interest of the general public, particularly consumers
and importers, and have influenced them to take a stand on the
problem of child labour in developing countries. Moreover, it may be
assumed that they have encouraged governments and international
business groups to take a more active stand against child labour than
they would normally have done. Governments 98. Employers' organizations can encourage progressive child
labour practices by making employers in the formal and informal
sectors sensitive to the special needs of children, informing them
about child labour laws, educating them about the greater long-term
benefits of non-exploitative personnel management approaches, and
assuming leadership in working with governmental and non-governmental
organizations to reduce violations of child labour law. 101. Unfortunately, many countries with significant child labour
problems do not have the benefit of strong, organized advocacy
groups. There is thus an urgent need for the establishment of such
groups where they do not exist, and for technical and financial
support to them where they do. The international NGOs, drawing on
experience and human resources the world over, could be especially
useful in promoting, training and supporting national groups of young
and adult citizens dedicated to the protection of working children
and the abolition of child labour. 104. Organizing action against child labour and coordinating
measures between the various bodies requires setting up, within the
government apparatus, institutional mechanisms provided with the
necessary financial powers and means to carry out such tasks as
setting priorities for action; promoting and increasing public
initiatives, including those by municipal authorities; and
coordinating action in both the public and the private sector. 105. Creating institutional capacity to cope with child labour
problems is a long-term task which opens up a particularly wide scope
for international cooperation. IPEC experience in this regard
is worth noting. In most of its participating countries, it has
encouraged the setting up of National Steering Committees on Child
Labour to identify appropriate measures and the organizations
responsible for implementing them. These committees, which are
normally chaired by the minister responsible for labour affairs,
include representatives from other ministries directly concerned,
national employers' and workers' organizations, and NGOs with
expertise in defending children's rights . They often constitute the
first stepping-stone towards an institutional mechanism allowing
high-level authorities from various backgrounds to examine the issue
of child labour, which was not previously on the agenda of matters
for discussion. These committees and regular partner meetings of IPEC
implementing agencies have done much to promote the exchange of
experience, eliminate bottlenecks, share successes and forge bonds
between them. Another strategy concerns the setting up of focal
points or coordinating units in key partner organizations to ensure
the smooth implementation of work. Cooperation between the actors in
combating child labour is necessary and useful not only at the
national level but also at grass-roots level. There is ample evidence
that if action is to be efficient, lasting and transferable, it must
mobilize and secure the support of all those concerned, i.e. children
and their parents, employers, employees and their respective
organizations, as well as local, official or semi-official
institutions. 106. Cooperation between the various actors to combat child labour, as well as the coordination of their respective interventions, is necessary both nationally and internationally, and should extend beyond the ILO and UNICEF. Some of the actions required in order to come to grips with the deep-seated causes of child labour require the participation of other international organizations (the Bretton Woods institutions and UNESCO in particular) and bilateral assistance from the rich countries. The United Nations Committee on the Rights of the Child and its national committees set up in many countries should be major participants, since it is responsible for supervising the application of the United Nations Convention on the Rights of the Child, including the right of the child to be protected against dangerous work and economic exploitation. The need to harness various spheres of competence in the fight against child labour must therefore be reflected in active cooperation between the various international organizations.
CONCLUSIONS 108. An essential start towards this end is the development of a
time-bound programme of action. Such a programme should make the
immediate elimination as well as the prevention of the most
intolerable forms of child labour its highest priority. Special
attention must be given to children who are grossly exploited because
of their specific vulnerability. These include the very young and
girls, whose work is not recognized and often invisible. Girls in
particular are denied access to education and suffer from detrimental
cultural practices. The complete prohibition of child labour under 12
years of age and the protection of girls are therefore priority areas
of action. 109. Removal and rehabilitation measures are vital for those
groups of children currently engaged in harmful and dangerous work.
But investment in the prevention of child labour is by far the most
effective and economical method in the long run and should be an
explicit aim in all initiatives. 110. Action is needed on various fronts. Care needs to be taken to
ensure that all measures act in synergy and lead to the desired aim.
Much work is still needed in the field of data collection and the
identification of "best practices". Children suffering under the most
intolerable conditions are difficult to reach. In industries and many
occupations the work hazards are known, but have only recently been
addressed. In other areas, little is still known about the work
hazards and effective strategies to counteract them. There is
therefore a need for a comprehensive mechanism which provides for
statistics, and exchange of experience, to promote and monitor
progress in the elimination of the most intolerable forms of child
labour. 111. A shift in attitudes is needed within countries, both among
those directly concerned with the problem - children, parents and
employers - and in society at large. Experience has shown that such a
shift does not come about easily or quickly, but remarkable changes
can be achieved through extensive awareness-raising and social
mobilization. The resulting change in social attitudes then creates a
public demand for urgently needed policy reforms. 112. These must be translated into programmes, institutional
structures and budgets in a number of key fields. The improvement in
education and training systems is, of course, essential for any
long-lasting, sustainable solution. More resources need to be made
available to increase affordable, relevant and quality education and
training opportunities for children, first of all by providing
compulsory education. But this is not enough. The worst child labour
problems are found among the children of the poorest adults, many of
them female-headed households, the lower classes and castes, migrants
and indigenous people - in other words, among the most disadvantaged
socio-economic groups in society. These groups rely on child labour
for their survival. Interventions in the field of education therefore
need to be matched by interventions in the labour market and in the
field of social protection, if programmes to eliminate child labour
are to be effective and successful. 113. Many actors need to start taking concerted action. No one
party can solve the child labour problem on its own. Governments have
the prime responsibility for setting national standards, mobilizing
financial resources and improving the institutional mechanisms in the
above-mentioned technical fields. But many others - employers,
workers, NGOs and voluntary groups - play a key role in promoting
socially responsible entrepreneurship, in defending children's
rights, in enabling children and their parents to organize against
child labour, and in playing a watchdog role in communities,
workplaces and society. 114. While child labour is essentially a national problem which calls for national solutions, there is an important role for the international community and indeed international solidarity and cooperation. First and foremost, there should be a worldwide commitment to the immediate elimination of the extreme forms of child labour. Without joint action and international cooperation it would be virtually impossible to stop the trafficking and economic exploitation of children in forced and hazardous work, in prostitution and in pornography. Indeed, the world community should manifest its commitment to act in solidarity by working towards the adoption of a new international Convention prohibiting all extreme forms of child labour. Such international standards would reinforce current international legal instruments dealing with children and their rights, and set clear priorities for national and international action. In addition, just as governments of developing countries must address the needs of the poorest of their poor, governments of rich countries should pledge themselves to providing assistance to governments committed to attacking poverty and the scourge of child labour.
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