Child Labour: Background Paper

Introduction

The purpose of this background paper is to provide information on the ILO’s activities in the area of child labour. The elimination of child labour is a major objective for the ILO and for its Multi-Disciplinary Team - SAMAT in Southern Africa. This paper provides a definition of child labour and distinguishes it from child work; it provides information on the two major Conventions 138 and 182 which apply to child labour, including minimum age requirements; it describes the objectives and activities of the ILO’s International Programme on the Elimination of Child Labour (IPEC) and refers to ILO/SAMAT activities. It is important that the problem of child labour is addressed by international law which also includes the Rights of the Child and is tackled by concrete technical programmes. The ILO is fully engaged in both of these types of activities.

It is important to define child labour as opposed to child work. The UN defines child labour as "all forms of economic exploitation, any work that is likely to be hazardous or interfere with the child’s physical, mental, spiritual, moral or social development" The ILO has a broader definition

The ILO’s definition understands the worst or most intolerable forms of child labour in relation to fundamental human rights to include:

• bonded labour;

• children working under slave like conditions such as the sale and trafficking of children;

• children in prostitution;

• the use of children in drug trafficking;

• the use of children in the production of pornography;

• forced or compulsory recruitment of children for use in armed conflicts.

In addition, children are also exposed to grave hazards to their safety and health when working with chemicals, which can cause chronic diseases; and, working with dangerous machinery, which can cause accidents or work involving heavy loads. Children are also at risk when their working environment exposes them to the risk of physical violence, sexual harassment, isolation, night work, excessive working hours and working under extreme temperatures. Very young children and the girl child particularly are also at risk when working on the streets, in domestic service or in the informal sectors.

This is a very different type of activity to the selling of newspapers, delivering milk, carrying water, helping their mothers in the fields, looking after their younger brothers and sisters and helping with the housework. Such participation by a child in household activities and family work should be considered "work" because it produces a result which is economically quantifiable and contributes to family income. However, this should not be viewed as "child labour" because it is part of the child’s socialization and part of normal family obligations.

But child labour does exist in the family context when cultural, traditional and religious practices expose children to unacceptable risks and abuse. In Africa, as elsewhere, this covers arranged or forced marriages, offering children to shrines, the use of children in slave-like and invisible domestic work and the use of children in armed conflict. In Asia, child labourers are more involved in the carpet making industry and prostitution which is largely hidden from the view of the public and therefore more difficult to detect and root out. In Europe, child labour is more prevalent among asylum seekers, refugees and migrant children who work in hazardous forms of labour. In Latin America, children are found working in mining, brick manufacturing, quarrying, agriculture, building sites and as domestic servants.

It is important to consider what the effects are on children themselves. They are:

• denial of their human rights and well being;

• deprivation of their right to health, safety, education or deprivation of their childhood;

• exploitation;

• overwork, strain;

• denial of a decent future.

Since its foundation in 1919 child labour has been at the heart of the ILO’s objectives which are to advance democracy, to fight poverty and unemployment and to protect working people. The ILO is unique in its tripartite structure of Government, Employer and Employee and its constitution declares that universal and lasting peace can be founded only on the basis of social justice. The constitution proclaims the right of all human beings to pursue both their material well being and their spiritual development in conditions of freedom and dignity, economic security and equal opportunity and that poverty anywhere constitutes a danger everywhere. The ILO is primarily a minimum standard setting organisation in relation to labour standards (Conventions and Recommendations). The Conventions and Recommendations are adopted by the International Labour Conference which is usually attended by all Member States whose delegations consist of the Government, Employers and Workers Organisation officials.

The ratification of Conventions by a Member State of the ILO involves a dual obligation for that Member State. First to apply the provisions of the Conventions at a national level, and second to indicate a willingness to accept a measure of international supervision.

What is the root cause of Child Labour?

A variety of causes have been put forward to explain child labour. Many people believe it is directly related to poverty. Some will say it is due to dysfunctional families whilst others will say it is because using children is cheaper than using adults. That is, with adults you have to enter into an employment contract whereas the employer when using children, is able to dictate the terms and the conditions of work (e.g. wages, working hours, rest periods etc). Others will say it is because children are required by their parents to work to supplement the low incomes and wages that the parents receive. Some people will say that children have to work alongside their parents in order to fulfill the task set by the employer. Others are simply ignorant of the issue of child labour and its ill effects on children or say it is simply a matter of cultural differences. Of late, of course the HIV/AIDS pandemic has caused a lot of children to be without parents [orphans] and they are left with no alternative but to work regardless of the nature of employment and the effect upon them.

Whatever reason one gives to justify child labour the fact remains that working children are affected physically, mentally and psychologically and their development towards becoming responsible adults is hampered. For example a child who is made to give up its education because of poverty will rarely manage to break the vicious circle of poverty. It is therefore imperative that child labour should be progressively eliminated.

The Minimum Age Convention 138

The ILO has been engaged in action against child labour since the beginning of the 20^th century. In 1919, at its conception, the Member States of the ILO adopted a number of minimum age Conventions for various sectors of economic activity. In 1973 the Minimum Age Convention No. 138 was adopted covering all sectors of economic activity. The Convention sets a number of minimum age levels for different types of work, thus defining the thin line between what should be considered child labour and work that can be allowed for children. The Convention is accompanied by the Minimum Age Recommendation, 1973 (No. 146). As is the case with all ILO standards, Convention No. 138 is the outcome of a tripartite standard setting procedure, involving Governments, as well as Employers’ and Workers’ Organizations. The Convention contains internationally accepted minimum protection levels.

Article 1 of the Convention requires ratifying States 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".

General minimum age levels ......

The Minimum Age Convention sets minimum levels for admission to employment. In Article 2, the Convention requires ratifying countries to specify a minimum age for admission to employment that should not be less than the age of completion of compulsory schooling and in any case not less than 15 years, or in the case of a country that has not yet sufficiently developed its economy and education facilities, 14 years. A country opting for this latter age level is required to hold tripartite consultations and explain in its regular reports to the ILO the reasons for the continued application of this lower level.

Higher minimum age for dangerous work........

A higher minimum age is required by the Convention for dangerous work (Article 3): for work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons the minimum age shall not be less than 18 years. The Minimum Age Recommendation No. 146 provides some guidance as to what is hazardous work by referring to the standards which deal with forms of hazardous work, such as those concerning dangerous substances, agents or processes (including ionization radiations), the lifting of heavy weights, and underground work. After tripartite consultation, the ratifying country may set this age at 16 years if the health, safety or morals of young persons are fully protected and if the young persons concerned have received adequate specific instruction or vocational training.

Flexibility: light work

An exception to the rule of 15/14 years concerns the performance of children as regards light work. Article 7 of the Convention permits the employment or work of persons 13 to 15 years of age if it is:

• not likely to be harmful to their health or development; and

• not going to prejudice their school attendance, their participation in vocational, orientation or training programmes, or their capacity to benefit from instruction thus received.

In the case of a country that has not yet sufficiently developed its economy and educational facilities, light work may be allowed between 12 and 14 years of age.

The Convention leaves a considerable amount of room for countries to determine the nature and type of light work. A 1981 General Survey by the ILO Committee of Experts on the Application of Conventions and Recommendations noted that in most countries light work is permitted by law, but apart from criteria similar to those mentioned in the preceding paragraph, the law does not specify the type of activities.

Convention 182 - Worst Forms of Child Labour

A major step forward in the elimination of child labour was taken at the June Conference in 1996 when it was resolved to draw up an international standard that would tackle the "worst forms of child labour" - slavery, prostitution, pornography and hazardous work. This was achieved when the ILO, through its International Labour Conference, unanimously accepted and adopted Convention No. 182 and its accompanying Recommendation No. 190 in June 1999 in Geneva.

The June 1999 Conference, in tripartite forum, was addressed by Mr. William J. Clinton, the President of The United States of America, who pledged his country’s support for the new convention and support for the work of the International Programme on the Elimination of Child Labour. Mr. Clinton urged member States to make a full and focused international effort to eliminate the worst forms of child labour.

This new Convention and accompanying Recommendation differs significantly from previous Conventions in that it defines the worst forms of child labour, it requires all Member States to ensure efficient implementation and enforcement, it specifies the direct action to be taken to help such children and finally it requires Member States to work together. The key articles are:

"Article 3

For the purpose of this Convention, the term "the worst forms of child labour" comprises:

• all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;

• the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

• the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;

• work which, by is nature or the circumstances in which it is carried out, is likely to harm health, safety or morals of children."

Each Member shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions.

Each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to:

• prevent the engagement of children in the worst forms of child labour;

• provide the necessary and appropriate direct assistance for the removal

• of children from the worst forms of child labour and for their rehabilitation and social integration;

• ensure access to free basic education, and, wherever possible, appropriate vocational training, for all children removed from the worst forms of child labour;

• identify and reach out to children at special risk; and

• take account of the special situation of girls.

Each Member shall designate the competent responsible for the implementation of the provisions giving effect to this Convention."

"Article 8

Members shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education."

Which countries have ratified Convention 182?

Belize, Botswana, Brazil, Bulgaria, Canada, Central African Republic, Chile, Finland, Ghana, Hungary, Iceland, Indonesia, Ireland, Italy, Jordan, Malawi, Mali, Mauritius, Mexico, Papua New Guinea, Portugal, Qatar, Rwanda, San Marino, Senegal, Seychelles, Slovakia, South Africa, Switzerland, Tunisia, United Kingdom , the United States and Yemen.

The Zimbabwean Parliament has still to ratify this convention.

Alongside its standard setting role, the ILO has had a long history of technical programme support and awareness raising. The arm of the ILO responsible for this in relation to child labour is the International Programme on the Elimination of Child Labour (IPEC) which was launched in 1992. IPEC is responsible for raising awareness and mobilizing activities with regard to elimination of child labour. It is also engaged in technical cooperation programmes in close collaboration with governments, employers organizations and trade unions.

It has become one of IPEC’s major responsibilities to campaign for the ratification and implementation of Convention 182 by governments. Over thirty-five countries have signed the Memorandum of Understanding with IPEC. This is an admission or undertaking by governments that they have the political will to tackle child labour and that they are also willing to work together with IPEC to develop national policies on child labour. In Africa South Africa, Uganda, Burkina Faso, Senegal, Tanzania and Kenya have signed this memorandum of understanding.

The objective of IPEC is to work towards the elimination of child labour by strengthening the capacity of Member States to deal with the problem and by promoting a world wide movement to combat it. The programme supports national efforts to combat child labour by building a permanent capacity to tackle the problem. IPEC programmes give priority to the eradication of the most hazardous and exploitative types of child labour.

IPEC programmes also emphasize preventive measures by building on sustainable action programmes in the Member States. The action programmes in the IPEC countries may be executed by the Government, Employers’ and Workers’ organizations, local councils and NGO’s or other stake holders once approved by the National Steering Committee and IPEC. The beneficiaries of this programme in Africa include Kenya, Tanzania, Egypt, Senegal, the Republic of South Africa and now Zambia and Zimbabwe which has recently carried out a National Survey on child labour.

These programmes are designed to:

• motivate ILO constituents and relevant partners to engage in a dialogue on child labour and to create alliances to overcome the problem, to culminate in a formal commitment by the government to cooperate with ILO-IPEC, expressed in a memorandum of understanding between the government concerned and the ILO;

• carry out a situational analysis to find out the nature and magnitude of child labour in a given country;

• assist the concerned parties within a country in devising national policies and plans of action to address specific child labour problems;

• strengthen the existing organisations and set up institutional mechanisms in order to achieve national ownership of the programme, establish a national steering committee consisting of the concerned ministries, workers’ and employers’ organisations and NGOs to advise on policy implementation;

• create awareness of the problem of child labour nationwide in the community and at the workplace;

• promote the development and application of protective legislation;

• support direct action with potential child workers and their environment to demonstrate that it is possible to prevent children at risk from entering the workforce prematurely and to withdraw working children from exploitative and hazardous work;

• reproduce and expand successful projects in order to integrate their strong points into the regular programmes and budgets of the social partners;

• integrate child labour issues systematically into social and economic development policies, programmes and budgets.

Over the years the number of donor activities has increased. In 1991, there was only Germany. Belgium joined in 1992 and was followed in 1995 by Norway, Spain, France, Australia and the USA. Their number increased in 1996 when Canada, Luxemburg, the Netherlands and Italy became donors. Today many Member States support this worthwhile programme with considerable funds.

In the Southern African Subregion the Area Offices in Lusaka and Pretoria and the Multidisciplinary Team (MDT) Harare have undertaken an intensive campaign for the ratification and implementation of the provisions of the new Convention by the Member States. Indication of a willingness to ratify has been expressed by all Member States in the Subregion.

12. The Position in Zimbabwe

The ILO has carried out a number of promotional workshops in Zimbabwe. The purpose of the workshop was to campaign for the ratification of Conventions 138 and 182. The Government of Zimbabwe has still to sign the Memorandum of Understanding with IPEC because it is awaiting the results of a nationwide child labour survey which is currently underway. It is, however, one of the "preparatory countries" chosen by the ILO for pilot studies together with Burundi, Cameroon, Malawi, Rwanda, Zambia and many others. However, EMCOZ, the employer’s organization has carried out its own survey in the tea, cotton, tobacco and coffee plantations through a Norwegian government funded project whose findings give a very broad picture of the extent of child labour in Zimbabwe.

13. Conclusion

The problem of child labour is complex, multi-faceted and worldwide. Solutions have to come from within Member States and there has to be a political will to change. The ILO has provided a framework of international law and with its IPEC programme has created concrete programmes to facilitate change.

However, child labour can only be eliminated if it is main-streamed into national social and economic policies, programmes and budgets and if the programme is owned by the countries themselves. This means long term and short term goals and strategies must be translated into visible and concrete activities within government administrations and in society generally. There is a need for good governance including public accountability.

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