Governments' Initiatives Against Child Labour in South
Asia
Commitments to international standards
Many international treaties are relevant to child labour, such as the UN Convention on the Rights of
the Child, the ILO Minimum Age Convention (No. 138), and the ILO Worst Forms of Child Labour
Convention (No. 182). The latter explicitly commits governments to develop with urgency national plans
of action to eradicate the worst forms of child labour, including debt bondage and trafficking. Despite
the fact that none of the countries of the subregion has ratified the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention Against
Transnational Organized Crime (2000), many of them refer to the given definition of trafficking in their
National Plans of Action (NPAs).
International legal instruments against child labour, trafficking and forced labour include the following:
- ILO Minimum Age Convention (No. 138), 1973;
- ILO Convention on the Worst Forms of Child Labour (No. 182),
1999;
- ILO Forced Labour Convention (No. 29), 1930;
- ILO Abolition of Forced Labour Convention (No. 105), 1957;
- UN Convention on the Rights of the Child (UNCRC), 1989;
- Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, supplementing the UN Convention
Against Transnational Organized Crime, 2000.
Ratification Status
| Country |
ILO
Convention
No. 138 |
ILO
Convention
No. 182 |
ILO
Convention
No. 29 |
ILO
Convention
No. 105 |
UNCRC |
| Bangladesh |
|
 |
 |
 |
 |
| India |
|
|
 |
 |
 |
| Nepal |
 |
 |
 |
|
 |
| Pakistan |
|
 |
 |
 |
 |
| Sri Lanka |
 |
 |
 |
 |
 |
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The subregional response ( 29 )
Concerted efforts have been undertaken at the subregional level
to promote child welfare and combat the trafficking of children
in south Asia. During the 11th SAARC (South Asian Association for
Regional Cooperation) Summit, which was held in January 2002 in
Kathmandu, the seven SAARC member States (Nepal, India, Pakistan,
Bangladesh, Sri Lanka, Bhutan and the Maldives) signed the following
two Conventions related to the protection of children:
- The SAARC Convention on Preventing and Combating the
Trafficking in Women and Children for Prostitution: The
scope of this Convention is 'to promote cooperation amongst member
States to effectively deal with various aspects of prevention,
interdiction and suppression of trafficking in women and children;
repatriation and rehabilitation of victims of trafficking, and
preventing the use of women and children in international prostitution
networks, particularly where the SAARC member countries are the
countries of origin, transit and destination';
- The SAARC Convention on Regional Arrangements for the
Promotion of Child Welfare in South Asia: The purposes
and objectives of the Convention are to 'unite the SAARC member
countries in their determination of redeeming the promises made
by them to the south Asian child at the World Summit for Children
and various other national, regional and international conferences
and successive SAARC summits; to facilitate and help in the development
and protection of the full potential of the south Asian child,
promote understanding and awareness of the rights, duties and
responsibilities of the children and others, and to set up appropriate
regional arrangements to assist the member States in fulfilling
the rights of the child, taking into account the changing needs
of the child'.
The signing of these two Conventions is seen as a milestone on the path to coordinated interventions
against trafficking at the subregional level. The countries have committed themselves to develop a
Regional Plan of Action and to establish a Regional Task Force against Trafficking.
For a decade, since the Summit in Colombo in 1992, the SAARC countries
have moved towards this milestone through a number of resolutions.
The Colombo Resolution ( 30 ) states in Paragraph 5 under the heading,
'Challenges', that child trafficking is one of the most urgent challenges
in the region and that 'child trafficking particularly urgently
calls for both bilateral as well as regional cooperation'. Four
years later, in 1996 in Rawalpindi, Pakistan, the Rawalpindi Resolution ( 31 )
was adopted. It calls for commitment from member States in the issues
affecting children in the region. Similarly, the Declaration of
the Ninth SAARC Summit ( 32 ) in Male, Maldives, in 1997, expresses grave
concern at the trafficking of women and children and pledges action
on the part of the member countries (Article 27).
However, the Conventions will only come into force when all seven SAARC member States have ratified
them. Currently, only Bangladesh, Bhutan and the Maldives have ratified them.
In addition, as a consequence of intense lobbying by NGOs in the subregion, the text of the Convention
on preventing and combating the trafficking in women and children for prostitution should be reviewed
by the SAARC members in order to broaden its scope. The definition of trafficking provided in the
Convention does not address trafficking from a general perspective, but only focuses on prostitution.
Note 29 - For individual country responses,
see the country specific overview notes.
Note 30 - The Colombo Resolution on Children,
1992.
Note 31 - Rawalpindi Resolution on Children
of South Asia, 1996.
Note 32 - Declaration of the Ninth SAARC Summit,
Male, 1997.
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