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 One of the most important tools available to the ILO in the fight against child labour is the adoption of International Labour Conventions and Recommendations. The ILO adopted its first Convention on child labour in 1919,the year of its foundation. Over the years, a further nine Conventions on the minimum age of admission to employment were adopted, covering among others agriculture and fishing. The most recent and comprehensive ILO standards on child labour are the Minimum Age Convention, 1973 (No.138),and its accompanying Recommendation (No.146),and the Worst Forms of Child Labour Convention,1999 (No.182)and its accompanying Recommendation (No.190).
The Minimum Age Convention (No.138), supplemented y Recommendation No.146 requires ratifying States to pursue a national policy to ensure the effective abolition of child labour, and to progressively raise the minimum age for employment or work. The Convention is a flexible and dynamic instrument setting various minimum ages depending on the type of work and level of development of the country concerned.
Since the Convention covers all sectors of the economy and employment as well as work, there are several clauses allowing flexibility, for example: a possibility to exclude limited categories such as family undertakings or the exclusion of some kinds of work carried out in the framework of education or training. The first principle of the Convention is that the minimum age should not be less than the age for completing compulsory schooling, and in no event less than age 15,and that the minimum age should be progressively raised to a level consistent with the fullest physical and mental development of young persons.
The ultimate objective of Convention No.138 is the effective abolition of child labour; as such it is a key instrument of a coherent strategy against child labour, whilst Recommendation No.146 provides the broad framework and essential policy measures for both the prevention and elimination of the problem.
In June 1999 the International Labour Conference unanimously adopted a new Convention dealing with the issue of child labour. The Worst Forms of Child Labour Convention,(No.182)reflects global consensus that there should be an immediate end to the worst forms of child labour Рthe Convention is recording the fastest ever rate of ratifications in the history of the ILO.By March 2002,117 countries had ratified. Convention No.182 covers all girls and boys under the age of 18 and does not allow for the exclusion of any economic sectors or categories of workers. It calls for "immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency".
Convention No.182 defines the worst forms of child labour as:(a) slavery and forced labour, including child trafficking and forced recruitment for armed conflict;(b) child prostitution and pornography;(c) production and trafficking of drugs; and (d) work likely to harm the health, safety or morals of children. The Convention leaves it to national governments to determine the exact types of work to be prohibited as hazardous work under item (d) above Р this should be done after consultation with employers' and workers' organizations and taking into consideration relevant international standards.
The Convention requires ratifying States to design and implement programmes of action to eliminate existing child labour and to prevent new instances. Such measures should include the rehabilitation and free education or vocational training for the children concerned.
Convention No.182 did not revise or replace Convention No.138, which remains the bedrock of national and international action for the total abolition of child labour. They complement each other: Convention No.182 focuses on the worst forms as a priority target, while Convention No.138 sets forth the ultimate objective of the effective abolition of child labour, and also clarifies what should be tackled as child labour y providing for the minimum age standards. Article 16 of the Convention on Safety and Health in Agriculture (No.184) reflects the provisions of Conventions 138 and 182 in relation to hazardous work;it states that the minimum age for assignment to hazardous work in agriculture shall be 18 years.This is an example of the consistency of the ILO approach on this issue and reflects growing global awareness of the problems of child labour. Another ILO Convention that is crucial in protecting children against some of the worst forms of exploitation is the Forced Labour Convention,1930 (No.29),which is one of the most fundamental and widely ratified Conventions of the ILO.
The Minimum Age Convention (No.138),the Worst Forms of Child Labour Convention (No.182)and the Forced Labour Convention (No.29)are all considered to be core Conventions of the ILO and are included within the scope of the ILO Declaration on Fundamental Principles and Rights at Work, which was adopted y the International Labour Conference in 1998. The Declaration recognizes that certain ILO Conventions express principles and rights that are fundamental to the ILO Constitution and the Declaration of Philadelphia, to which all Member States commit when joining the ILO. The principles and rights included in the Declaration are freedom of association and the right to collective bargaining (Conventions 87 and 98), the elimination of all forms of forced or compulsory labour (Conventions 29 and 105),the effective abolition of child labour (Conventions 138 and 182),and the elimination of discrimination in respect of employment and occupation (Conventions 100 and 111).The Declaration states that all Members have an obligation to promote and realize the principles expressed in these Conventions regardless of whether or not they have been specifically ratified.
A good number of other international treaties are relevant to child labour. Foremost among these is the UN Convention on the Rights of the Child,1989. The Convention seeks to protect a wide range of children Хs rights, including the right to education and the right to be protected from economic exploitation. This Convention is the most ratified in history, with all but a few countries having now adopted it.
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