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Celebration of Convention N° 182 on
the Worst Forms of Child Labour Coming into Force -
Presse Release
ABIDJAN (ILO News) - On 19 November 2000, ILO convention n°
182 calling for immediate action to secure the prohibition and elimination of
the worst forms of child labour, which had been unanimously adopted by the International
Labour Conference in June 1999, will come into force. This new convention
is explicitly aimed at liberating scores of millions of children from all forms
of slavery or practices similar to slavery, such as sale and trafficking of children,
debt bondage and serfdom and forced or compulsory labour, including forced or
compulsory recruitment for use in armed conflict, from prostitution and pornography,
from being used for illicit activities and from all work that is likely to harm
their health, safety and morals. The convention 1eaves it to the national authorities
to determine the types of work that are likely to harm their health, safety and
morals of children. ILO estimates
put the worldwide number of working children at 250 million children between the
ages of 5 to 14. Nearly half of them, 120 million, are working full time. The
elimination of child labour has always been one of ILO's major objectives. ILO
adopted its first convention on child labour, the Minimum (Industry) Convention,
in 1919, the very same year the ILO itself was founded. Subsequently, nine sectoral
conventions on the minimum age of admission to employment were adopted, followed
in 1973 by the adoption of the Minimum Age convention n° 138. Unlike the earlier
sectoral conventions, convention n° 138 is of general scope. It still remains
the fundamental tool of the ILO's fight against child labour.
The new convention focusses on the immediate action to eliminate the worst forms
of child labour by indicating clearly what would be considered as unacceptable,
what would not be excused by any consideration, be it economical or other, and
what would have to be eliminated immediately, and as a matter of urgency. It does
not replace the Minimum Age Convention n° 138 of 1973, which calls for effective
elimination of all forms of child labour, it defines priorities and places them
into a strategic perspective. Addressing the elimination of the worst forms of
child labour, convention n° 182 covers all persons under the age of 18 in
line with the definition of the child under the UN Convention of the Rights of
the Child. ILO conventions come into
force 12 months after the date on which the ILO registered their second ratification.
Convention n° 182 was first ratified by Seychelles on 28 September1999, the
second ratification was by Malawi on 19 November 1999. Convention n° 182 therefore
will come into force on 19 November 2000. When an ILO member State ratifies convention
n° 182, the provisions of the convention become effective 12 months after
ratification which means that the country should give effect to the terms of the
convention, in both law and practice. The necessary actions range from a reform
of laws and their enforcement to practical and direct help to children and their
families. Under the regular supervision of the application of conventions, such
a member State also has to report periodically to the ILO's supervisory bodies
the steps it has taken to give effect to the convention. In the case of convention
n° 182, this reporting period is of 2 years which constitutes a basis for
regular follow-up. Employers' and Workers' Organizations may comment on it. Under
the special procedures, a State which has ratified the convention also has to
be accountable for any allegation of non-observation, called "representation"
or "complaint" under the ILO constitution. These can be initiated by
employers, workers or another country that has ratified the convention.
As one of its innovative features, this new convention calls for international
cooperation or assistance in efforts to make its provisions really applied, including
support for economic and social development, poverty eradication and education:
It also provides for broad consultation among governments, workers and employers
- the "social partners" in the ILO tripartite structure. Conventions
n° 138 and n° 182 are regarded as part of ILO's "core conventions"
along with those concerning freedom of association and the righ6t to collective
bargaining; the elimination of forced or compulsory labour; non-discrimination
in respect of employment and occupation. They set forth the fundamental principles
and rights at work which were agreed upon by the World Summit for Social Development
in Copenhagen in March 1995. Such principles and rights are the subject of a solemn
Declaration adopted by the International Labour Conference in June 1998 with a
follow-up. In this sense, all ILO Member States, because of the very fact of membership
in the ILO, have an obligation to respect, to promote and to realize, among other
things, the effective abolition of child labour, with a priority focus on its
worst forms. Under the Declaration's provisions for follow-up, there is a system
of gathering information through the Annual Reports from those countries that
have not yet ratified the relevant fundamental conventions, or from the Global
Reports produced by the ILO on one of the fundamental principles. For example,
child labour will be the subject of the report to be presented at the International
Labour Conference in 2002. - On the other hand, the ILO has the obligation to
provide technical assistance to its member States.
At present, convention n° 182 has been ratified by 16 African countries: Botswana,
Central African Republic, Chad, Ghana, Libya, Malawi, Mali, Mauritius, Namibia,
Niger, Rwanda, Senegal, Seychelles, South Africa, Togo and Tunisia (Zimbabwe:
ratified by Parliament, Instrument of ratification expected).
Of course, the ratification of conventions and the prohibition of child labour
by national laws is one thing, while the effective implementation is another.
The ILO is providing technical assistance to constituents in their fight against
child labour through concrete action programmes by its "International Programme
on the Elimination of Child Labour (IPEC)".
The political will and commitment of individual governments to address child labour
in cooperation with employers' and workers' organizations, other NGOs and relevant
parties in society - such as universities and the media - is the starting
point for all IPEC action. Sustainability is built in from the start through an
emphasis on in-country "ownership". Support is given to partner organizations
to develop and implement measures which aim at preventing child labour, withdrawing
children from hazardous work and providing alternatives, and improving the working
conditions as a transitional measure towards the elimination of child labour.
A phased and multi-sectoral strategy is applied consisting of the following steps:
Motivating a broad alliance of partners,
including the active participation of children and adolescents, to acknowledge
and act against child labour. Carrying out a situational analysis to find
out about child labour problems in a country.
Assisting with developing and implementing national policies on child labour
problems. Strengthening existing organizations and setting up institutional
mechanisms. Creating awareness on the problem nationwide, in communities
and workplaces. Promoting the development and application of protective legislation.
Supporting direct action with (potential) child workers for demonstration
purposes. Replicating and expanding successful projects into the programmes
of partners. Mainstreaming child labour issues into socio-economic policies,
programmes and budgets. At present, 16 African countries have signed
a formal "Memorandum of Understanding" (MOU) with ILO/IPEC: Benin, Burkina
Faso, Egypt, Ghana, Kenya, Madagascar, Mali, Morocco, Niger, Nigeria, Senegal,
South Africa, Togo, Uganda, United Republic of Tanzania and Zambia. 11 other countries
are associated with the Programme in a less formal way: Burundi, Cameroon, Congo,
Democratic Republic of Congo, Ethiopia, Gabon, Malawi, Namibia, Cote d'Ivoire,
Rwanda and Zimbabwe. |