CONTENTS

Introduction

Replies received and commentaries

Introduction

The first discussion of the question of child labour took place at the 86th Session (1998) of the International Labour Conference. Following that discussion, and in accordance with article 39 of the Standing Orders of the Conference, the International Labour Office prepared and communicated to the governments of member States a report⁽¹⁾ containing a proposed Convention and a proposed Recommendation concerning the prohibition and immediate elimination of the worst forms of child labour, based on the conclusions adopted by the Conference at its 86th Session.

Governments were invited to send any amendments or comments they might wish to make so as to reach the Office by 30 November 1998 at the latest, or to inform it, by the same date, whether they considered that the proposed texts constituted a satisfactory basis for discussion by the Conference at its 87th Session (1999).

At the time of drawing up this report, the Office had received replies from the governments of the following 83 member States:⁽²⁾ Argentina, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium,⁽³⁾ Benin, Bolivia, Botswana, Brazil, Bulgaria, Canada, Cape Verde, Chile, China, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Finland, France, Germany, Greece, Haiti, Hungary, India, Indonesia, Ireland, Italy, Japan, Jordan, Kenya, Republic of Korea, Kuwait, Latvia, Lebanon, Madagascar, Malaysia, Mali, Mauritius, Mexico, Morocco, Myanmar, Netherlands, New Zealand, Norway, Pakistan, Peru, Poland, Portugal, Qatar, Romania, Saudi Arabia, Senegal, Slovakia, South Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Syrian Arab Republic,⁽⁴⁾ United Republic of Tanzania, Thailand, Togo, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Venezuela, Yemen, Zambia, Zimbabwe, as well as from the Holy See.⁽⁵⁾

In accordance with article 39, paragraph 6, of the Standing Orders of the Conference, governments were requested to consult the most representative organizations of employers and workers before finalizing their replies and to indicate which organizations were consulted.

The governments of the following 49 member States stated that the most representative organizations of employers and workers had been consulted: Bangladesh, Belarus, Belgium, Benin, Brazil, Bulgaria, Canada, Chile, China, Croatia, Cyprus, Czech Republic, Denmark, Egypt, El Salvador, Estonia, Finland, France, Germany, Greece, Hungary, Indonesia, Ireland, Italy, Japan, Jordan, Kenya, Republic of Korea, Latvia, Mauritius, Myanmar, Netherlands, New Zealand, Norway, Portugal, Slovakia, South Africa, Spain, Sweden, Switzerland, Syrian Arab Republic, United Republic of Tanzania, Togo, Turkey, United Arab Emirates, United Kingdom, United States, Venezuela, Zimbabwe.

In the case of the following 37 member States the replies of employers' and workers' organizations were incorporated into those of the government, were appended or were communicated directly to the Office: Bangladesh, Belarus, Belgium, Brazil, Bulgaria, Canada, Chile, Croatia, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Indonesia, Ireland, Italy, Japan, Jordan, Kenya, Republic of Korea, Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Switzerland, Syrian Arab Republic, Turkey, United States, Venezuela, Zimbabwe.

The United Nations Committee on the Rights of the Child formulated comments during its 20th Session. These are summarized below.

To ensure that the English and French texts of the proposed Convention and proposed Recommendation concerning the prohibition and immediate elimination of the worst forms of child labour are in the hands of the governments within the time-limit laid down in article 39, paragraph 7, of the Standing Orders of the Conference, these texts have already been published in a separate volume, Report IV (2B), that has been sent to them. The present volume, Report IV (2A), which has been drawn up on the basis of the replies from governments and from employers' and workers' organizations, contains the essential points of their observations. It is divided into three sections: the first comprises their general observations on the proposed texts, while the second and third sections contain their observations on the proposed Convention and proposed Recommendation, with the Office commentaries on these observations.

1. ILO: Child labour, Report IV(1), International Labour Conference, 87th Session, Geneva, 1999.

2. Replies that arrived too late to be included in the report may be consulted by delegates at the Conference.

3. The Government of Belgium sent with its reply an opinion from the National Labour Council (CNT).

4. The Ministry of Social Affairs and Labour responded for the Government. The Ministry of Industry provided comments in its capacity as an employer in the public sector of industry.

5. The Holy See has observer status with the ILO.

Replies received and commentaries

The substance of the replies received on the proposed Convention and the proposed Recommendation concerning child labour is given below. The replies are followed, where appropriate, by brief Office commentaries.

The governments of the following 35 member States stated that they had no observations to put forward at the moment or that they considered that the proposed texts constituted a satisfactory basis for discussion at the 87th Session of the International Labour Conference: Belarus, Belgium, Bulgaria, Cape Verde, China, Colombia, Cyprus, Finland, France, Hungary, Ireland, Kenya, Kuwait, Latvia, Lebanon, Mali, Myanmar, Netherlands, New Zealand, Peru, Poland, Qatar, Romania, Saudi Arabia, Slovakia, Switzerland, United Republic of Tanzania, Thailand, Togo, Ukraine, United Arab Emirates, United Kingdom, United States, Yemen, Zambia. Some of the countries which considered the texts a satisfactory basis for discussion also commented on the texts and replied to the questions raised in the Office commentary in Report IV (1).

General observations

Australia

The Government supports the adoption of a Convention, supplemented by a Recommendation, concerning the prohibition and elimination of the worst forms of child labour. It is important that distinct attention be given to the most extreme and serious part of this problem and the proposed Convention and Recommendation should provide a focal point for achieving this. The new Convention should be flexible and not overly prescriptive to ensure that there are no obstacles to ratification among ILO member States. The Convention should also be concisely stated, principles-based, and clearly focused on extreme forms of child labour. The Government also supports a Recommendation that would provide guidance for member States on the implementation of the Convention. However, the provisions of the proposed Recommendation should not be regarded as compulsory. Member States should have some flexibility as to the way in which the Convention is implemented.

Bahrain

The title of the instrument should be "Prohibition of child labour", "Elimination of child labour" or "Prohibition and elimination of child labour". The expression "immediate abolition of the worst forms of child labour" is ambiguous and raises many questions, as it is aimed at banning the worst forms of child labour yet allows everything else. Furthermore, what constitutes unacceptable and acceptable work is open to disagreement. If the proposed Convention seeks to protect children by prohibiting work for those below a given age, the prohibition should be comprehensive to achieve protection. For countries which have difficulties in applying the prohibition overnight, it should be gradually implemented within a given time frame. In light of progress reports, this period could be extended or adapted to take into account the conditions of a given region or country. On the eve of the third millennium, the ban should not be restricted to "the worst forms of child labour", but to all forms of employment, because child labour is a serious threat to the future of humanity. A child must be able to learn and develop, and therefore work should be prohibited. Children have only one childhood to live and they cannot wait. If humanity is to give them the best it has to offer, it must be now. The ILO should make combating child labour its top priority, supported by the adoption of a clear and transparent Convention that calls for the elimination of child labour.

Belgium

National Labour Council (CNT). New instruments focusing on the worst forms of child labour are needed. These instruments should rely on the Minimum Age Convention, 1973 (No. 138), which remains one of the core ILO Conventions and a key instrument in the fight against child labour. The proposed new Convention should deal with the fundamental principles of the fight against the most extreme forms of child labour.

Bolivia

Both a Convention and a Recommendation should be adopted. While there is legislation in Bolivia on work that is prohibited for children, it is barely enforced, if at all. More than laying down standards, child labour policies should be aimed at enforcing them. Policies to prohibit and eliminate the worst forms of child labour should also be aimed at offering options through programmes to protect the child's psychological and social development. Without such real and effective protection, efforts could be counterproductive and increase the clandestine nature of child labour and hence the exploitation of children.

Brazil

National Confederation of Commerce (CNC). The employers on the Committee on Child Labour were satisfied with the high quality of the debates and the progress made during the first discussion. However, this was with the reservation that the instruments should be concise, simple, focused, realistic and easy to understand, so that they can receive wide support and be ratified by the highest possible number of member States, both developed and developing. In short, the texts deserve the employers' support. Some questions remain, however, which should be resolved with a view to a flexible Convention which gives the greatest opportunity for ample ratification by member States.

Bulgaria

The Government considers positively the texts of the proposed Convention and proposed Recommendation.

Canada

Canada gives overall support for the intent and principles of the proposed instruments. However, in view of the Government's commitment to a clear and concise Convention that can be ratified and implemented by Canada and a large number of member States, it raises a number of questions on the proposed text below.

Canadian Labour Congress (CLC). The CLC agrees that however well discussions at the 1998 Session of the International Labour Conference proceeded, many challenges remain. There are a number of weaknesses in the current text of both the proposed Convention and the proposed Recommendation concerning access to basic education, the definition of hazardous work and enforcement. The potential for "watering down" tripartism is also a serious concern.

Chile

Chile takes a positive view of the proposed text, which represents the spirit of the United Nations Convention on the Rights of the Child and reflects a considerable effort and contribution to child protection.

Croatia

The Government fully supports the adoption of new instruments concerning the prohibition of child labour.

Croatian Association of Employers. The Association agrees with the proposed texts and stresses the importance of education in the complete elimination of child labour, which is a long-term objective. It is necessary to concentrate on developing instruments that could directly influence the elimination of extreme forms of child labour. Such instruments should be practical and capable of being effectively applied in countries in transition and in industrialized countries, taking into account supervision and implementation.

Union of Autonomous Trade Unions of Croatia (SSSH), Confederation of Independent Trade Unions of Croatia (KNSH), Croatian Association of Trade Unions (HUS), Federation of Croatian Trade Unions of Public Services (MATICA).⁽¹⁾ The amendments that were made to the texts subsequent to the 86th Session of the International Labour Conference are accepted.

Czech Republic

Provisions concerning the prohibition and immediate elimination of extreme forms of child labour contained in both instruments will markedly contribute to the protection of the rights of the child.

Denmark

It is unclear how the proposed Convention should be delimited in relation to the proposed Recommendation.

Egypt

The proposed Recommendation should be annexed to the proposed Convention and not supplement it, since the application of the proposed Convention together with the proposed Recommendation would contradict article 19 of the ILO Constitution, which stipulates that a Recommendation is not binding for States which have ratified the Convention to which it is attached, but is only for guidance. Moreover, the proposed Recommendation includes small details which may obstruct ratification of the proposed Convention by a number of States, and hence the purpose of the proposed Convention would not be fulfilled. The Government supports the text of the proposed Recommendation; however, the "worst forms of child labour" referred to in the proposed Convention under Article 3(a), (b) and (c) do not exist in Egypt in the work environment.

Federation of Egyptian Industries. The Federation supports the proposed Convention and Recommendation because the goals in the Preamble are widely echoed in the policy of the Federation and its continuous efforts to protect children.

El Salvador

The proposed text reflects the debate that took place during the first discussion. The Government agrees with it, with a few minor proposed modifications.

Estonia

Estonian Association of Trade Unions. The phrase "abolition of the worst forms of child labour" is preferred over "the prohibition and immediate elimination of the worst forms of child labour" as it is more precise, shorter and clearer, and has also been used in relation to earlier ILO labour standards, such as the abolition of forced labour.

Finland

The changes made by the Office are essentially technical in nature and intended to clarify the meaning and assist in the interpretation of the texts. Finland completely agrees with the need to deal with the prohibition and immediate elimination of the worst forms of child labour. However, providing appropriate opportunities for young people to gain work experience should not be condemned. The proposed Convention and Recommendation do not address the use of the Internet in the exploitation of children, for example paedophilia and the sale and trafficking of children. The international community should investigate ways to intervene more effectively in such activities. The complexity of the problem must not prevent research or the development of international cooperation to find a solution.

Confederation of Finnish Industry and Employers (TT) and Employers' Confederation of Service Industries in Finland (PT). Children's participation in working life has a long history and deep cultural roots in many countries. Such participation also has implications for the economic development of these countries. It would therefore be a mistake to seek to ban all forms of work by children. Attention should rather be focused on extreme cases and the forms of work which are most harmful to the well-being of children. The ILO's existing instruments already cover these worst forms of labour. The demands imposed by these instruments are, however, unrealistically high for many countries, which has resulted in a low level of ratification. It is therefore particularly important to keep the demands realistic.

Central Organization of Finnish Trade Unions (SAK), Finnish Confederation of Salaried Employees (STTK) and Confederation of Unions for Academic Professions (AKAVA). The proposed Convention and Recommendation and some of the changes proposed by the Office form a good basis for the decisive second discussion. The SAK, STTK and AKAVA support the use of the expression "worst forms of child labour" rather than "extreme" or "intolerable" and the proposed title "Convention concerning the prohibition and immediate elimination of the worst forms of child labour", as it clearly and immediately indicates the content of the proposed Convention.

France

The Government wholly supports the proposed new instruments on the elimination of the worst forms of child labour. France has always agreed with initiatives aimed at the eradication of child labour within the framework of relevant ILO standards, and has very protective national legislation regarding the work of persons under the age of 18. The proposed instruments should not replace but should be consistent with Convention No. 138, which should remain the fundamental ILO Convention for the abolition of child labour.

Movement of French Enterprises (MEDEF). The MEDEF considers favourably the implementation of an international legal instrument on the worst forms of child labour. The content of the texts for the proposed Convention and Recommendation remains very much in line with the texts submitted for discussion to the 86th Session (1998) of the International Labour Conference. However, the draft text of the proposed Recommendation continues to pose a problem of compatibility with the French legislation governing apprenticeships.

Germany

The proposed text is an appropriate basis for the adoption of instruments that will enable as many member States as possible to make an international commitment to eliminate, as soon as possible, the worst forms of child labour.

Confederation of German Employers' Associations (BDA). The BDA favours adopting standards for the immediate abolition of the worst forms of child labour. Such a standard-setting measure will establish a meaningful and important priority in the worldwide fight against child labour. The proposed texts are a usable basis for discussions at the 87th Session of the Conference. The purpose of the proposed Convention should be to define the worst forms of child labour and the measures required for their immediate elimination clearly and realistically enough to make their implementation and ratification a feasible and desirable goal for a large number of ILO member States. The proposed Recommendation should suggest practical and relevant measures for implementation.

Haiti

The texts of the proposed Convention and Recommendation have been positively received by the Government, employers' and workers' organizations. The document constitutes a very satisfactory basis for discussion and reflects appropriately the relevant resolutions adopted by the member States of the ILO, which are fully supported by the Government.

India

Child labour is one of the most serious violations of children's rights. Child labour is not only a social problem but also an economic one. In addition to compulsory schooling, empowerment and economic betterment of the poor parents are also considered essential to eliminate this social evil. The problem needs to be addressed in a very comprehensive manner and effective measures to eliminate child labour have to be taken in a phased manner. It was in this context and spirit that the Government supported the ILO's initiative to adopt fresh instruments to eliminate the worst forms of child labour immediately. Although reservations relating to Article 3 exist, the Government generally supports the proposed text of the Convention and Recommendation.

Indonesia

The instrument should be in the form of a Recommendation, therefore comments are made only on the proposed Recommendation. Paragraphs 1 to 15 of the proposed Recommendation constitute a satisfactory basis for discussion. However, further amendments or comments from the respective parties may be submitted during the second discussion.

Ireland

Irish Congress of Trade Unions (ICTU). The Preamble of the proposed Convention states that Convention No. 138 remains the fundamental ILO instrument on child labour and that the new Convention should complement Convention No. 138, which sets 18 as the minimum age for hazardous work. The wording of the new Convention should not in any way set a lower standard than that established in Convention No. 138, and there should be consistency between the provisions of the two Conventions. There was insufficient time for a thorough discussion on the proposed Recommendation at the 1998 Session of the Conference owing to the length of time taken for the debate on the proposed Convention. References are welcomed to the need for clear requirements for action in the national programmes to remove and rehabilitate child labourers and ensure their access to basic education, the use of penal and other sanctions for violations, the need for special attention to the situation of girls and the need for international cooperation to implement the Convention. See also comments under Articles 2 and 7(2)(b).

Services Industrial Professional Technical Union (SIPTU). The Union is pleased that the emphasis advocated on eliminating the forms of exploitation that particularly affect girl workers has been adequately reflected in the proposed text. It is also pleasing that the particular problems created for young domestic workers whose work is often invisible and does not allow for the possibility of returning home each day has been fully recognized as a form of hazardous work to be made subject to the provisions of this Convention. It is further noted that the request for measures to ensure, at the national level, that children who are victims of the worst forms of child labour have easy access to ombudspersons and SOS telephone lines has been reflected in Paragraph 14(g) of the proposed Recommendation. As an Irish supporter of the Global March Against Child Labour, the SIPTU urges governments to give absolute priority to the immediate elimination of the worst forms of child labour; to set up, without delay, national commissions that are entrusted with the task of creating the infrastructure necessary for the implementation of the proposed Convention; and to ratify the Convention at the earliest opportunity.

Italy

The texts, following the deliberations of the 86th Session of the Conference, have been substantially improved. Fundamental passages, such as the recognition of free basic education as an instrument to achieve the rehabilitation and social reintegration of child workers and as an alternative to involvement in work, are now included in the text at the end of the Preamble. Equally fundamental is the recognition that the ultimate objective of the instruments being adopted, together with the Minimum Age Convention and Recommendation, 1973, is the total elimination of child labour. Another important and fundamental aspect is the recognition of the particularly serious situation of girls, the exploitation of whom is often hidden in homes, and which escapes the public monitoring and censure it deserves because it is justified by usage, customs and practices, which make it no less reprehensible. Since the issue of child soldiers was not resolved during the first discussion, the Government notes with satisfaction that countries are being asked specific questions on the matter.

Italian General Confederation of Employers in Commerce, Tourism and Services (CONFCOMMERCIO). The Confederation highlights its considerable interest in the proposed Convention and Recommendation and concurs with the content in general and the amendments approved by the Committee on Child Labour.

Italian General Confederation of Labour (CGIL), Italian Confederation of Workers' Unions (CISL) and Italian Labour Union (UIL). These organizations welcome the general outcome of the first discussion.

Japan

Solving the problem of child labour is one of the most important tasks imposed on the entire world society. Efforts are being made by international organizations, including the United Nations, to develop international instruments and promote technical cooperation. The Government also recognizes the need to make an active contribution to the solution of this problem. Under such circumstances, it seems appropriate for the ILO to adopt international instruments for the immediate elimination of the worst forms of child labour. This will encourage efforts to eliminate child labour in many countries and will enable technical cooperation activities of international organizations, including the ILO, to be more effective. The ILO should facilitate effective measures consistent with the activities of other international organizations, including those of the United Nations working group on the draft optional protocol to the Convention on the Rights of the Child, to avoid excessive administrative burdens, duplication and confusion in each country. The new instruments should focus on areas where the ILO can use its expertise and should cover fundamental matters that can be easily applied by member States.

Japan Federation of Employers' Associations (NIKKEIREN). The Federation supports the Government's comments. The Convention should provide only basic minimum principles to ensure universal ratification and application.

Japanese Trade Union Confederation (JTUC-RENGO). The Confederation supports the proposed texts and recognizes the importance of adopting a Convention and Recommendation aimed at combating child labour, which is a universal problem requiring an immediate solution.

Jordan

Amman Chamber of Industry. Countries will need time after the adoption of the proposed Convention and Recommendation to determine what work a child may undertake, to adapt to the requirements of the instruments and amend legislation if necessary. This could take two to four years.

Federation of Jordanian Chambers of Commerce. The proposed Convention completes the provisions of Convention No. 138 and requires immediate measures to suppress the most oppressive forms of child labour, while the proposed Recommendation contains guidance for steps to be taken. The main purpose of Convention No. 138 is to abolish child labour completely, which takes time, while the proposed Convention deals with certain forms of child labour that cannot be condoned, such as forced labour, dangerous work, prostitution and pornography. It should be noted that any income earned by a child or any member of a family, especially in most developing countries, is a source of livelihood for the whole family.

Kenya

Central Organization of Trade Unions (COTU). The general impact of the proposed Convention is that it covers the "worst forms" of child labour as contained in Convention No. 138, which is less focused. The wording in the new Convention should not provide room for flexibility by setting a lower standard than that laid down in Convention No. 138.

Republic of Korea

The Government strongly supports the ILO's endeavour to eliminate the worst forms of child labour and protect the basic human rights of children. The proposed Convention and Recommendation, which are the products of the heated debates and sincere explorations by representatives from governments and workers' and employers' organizations throughout the world, embody the representatives' commitment to abolishing the worst forms of child labour. However, to make this universal desire a reality, a large number of countries must be able to ratify and implement the proposed Convention and Recommendation. This factor should, without fail, be considered in the second discussion.

Federation of Korean Trade Unions (FKTU). The FKTU has no special observation on the proposed Convention and Recommendation. However, recalling that the embargo in the early 1990s on the import of Pakistani carpets, imposed by industrialized countries as a way of eliminating the use of Pakistani children for weaving carpets, forced hundreds of thousands of child carpet weavers into the street, the FKTU emphasizes that industrialized countries and international organizations need to give support to building facilities and programmes for education.

Kuwait

The proposed texts appear to complement the Minimum Age Convention and Recommendation, 1973, and the United Nations Convention on the Rights of the Child, adopted in 1989, as well as all other international conventions on the subject. The proposed texts were established to eliminate all forms of child labour which could, owing to the conditions in which such work is performed, place children at risk or endanger their health, safety or psychological well-being. Consequently, as the texts of the proposed Convention and Recommendation are among national and international priorities, they are an adequate basis for discussion.

Malaysia

The general nature of the provisions in the proposed Convention would provide flexibility to enable ratifying States to formulate their own policies and legislation, thereby encouraging wide ratification. In the absence of a comprehensive definition for Article 3(d), for example, the wide variations among member States concerning health and safety standards based on facilities, technical expertise, enforcement capacity, level of economic development and other social and cultural factors will have an impact. Due consideration should be given to these factors and a flexible approach should be adopted when evaluating the compliance of member States with the Convention. The ILO has a key role in helping member States to comply through its technical cooperation programmes and other relevant means.

Mali

The Government fully supports the ideals embodied in the texts of the proposed Convention and Recommendation and considers them a solid basis for discussion.

Mexico

Many of the activities referred to as the "worst forms of child labour" in the proposed instruments do not constitute child labour, but are crimes against children, and therefore come under criminal law. A distinction should be drawn between exploitation of children and economic exploitation of children's labour, as is done in the United Nations Convention on the Rights of the Child (articles 32 to 35). The former concept comes under the criminal law of each State and the latter falls within the labour sphere. Action against the exploitation of children is being carried out by the United Nations Commission on Human Rights, UNICEF and Interpol. To adopt provisions on the matter could result in a duplication of efforts and contradictions between the ILO and Interpol and other agencies. The inclusion of a large number of criminal aspects in the proposed Convention could lead to problems in application and contradictions, and thus constitute an obstacle to ratification. The ILO should therefore focus its efforts on work which jeopardizes the safety and health of children. Situations which constitute criminal offences rather than labour should be eliminated from the definition. The need for flexibility and realism has been highlighted. To this end the instruments should define the "worst forms of child labour" as forced or compulsory labour, debt bondage and serfdom; and any other type of work or activity which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of children. The instruments should then fix the minimum age, hours and conditions of work and the application of penalties, and in doing so take account of the provisions on child labour in the legislation of each State. Moreover, the instrument adopted should be a Recommendation. Explicit reference to "immediate elimination" of the worst forms of child labour could constitute an obstacle to ratification, since States vary in their level of development and cannot commit themselves to this objective. A more realistic solution would include requiring States to take the necessary measures to prohibit immediately and eliminate progressively the worst forms of child labour. The experience of the International Programme on the Elimination of Child Labour (IPEC) shows that elimination is a process which includes different phases in the short, medium and long term. "Immediate" should therefore be inserted before "prohibition" and "progressive" before "elimination" wherever they occur, so that reference is made to "immediate prohibition and progressive elimination".

Morocco

The proposed Convention should be modified on certain points.

Netherlands

While the proposed texts are a solid basis for discussion at the 87th Session of the Conference in June 1999, the proposed Convention could be improved. For instance, not only social partners, but also other non-governmental organizations (NGOs) have an important role to play in the elimination of the worst forms of child labour. The worst forms of child labour are often invisible and located in the informal sector where the possibilities for intervention by "official" social partners are limited. Especially in these situations the full efforts of other concerned groups, provided they have sufficient support, credibility and knowledge, are needed to eliminate child labour. The role of these "other concerned groups, as appropriate" should explicitly be recognized in the proposed Convention, for instance in Article 4 (both paragraphs) and especially in Article 6, paragraph 2.

Netherlands Trade Union Confederation (FNV). The Confederation disagrees with the opinion of the Government above on references to "other concerned groups" in the proposed Convention.

New Zealand

The Government reconfirms its strong support for the development of instruments to address the worst forms of child labour and generally supports the texts in Report IV(1) as a basis for discussion by the Conference at its 87th Session in June 1999. However, comments are made below on the formulations proposed by the Office, and on some aspects of the texts that are not clear, or require expansion or amendment.

New Zealand Employers' Federation (NZEF). In its 1997 response to the ILO's questionnaire on child labour, the NZEF expressed doubt as to whether the introduction of a Convention on child labour would achieve the effect intended by its promoters. Instead, the Federation proposed that the abolition of all exploitative forms of child labour be accepted as a first principle which every country, on becoming a Member of the ILO, would promise to uphold. Should a country not be in a position to guarantee abolition, it would be required to promise to aspire to the complete elimination of all exploitative forms of child labour. In the NZEF's view, requiring promises of this kind would likely be a more effective deterrent than introducing a Convention which member States might well be reluctant to ratify. The NZEF recognizes, however, that the general view of the Conference was in favour of a new Convention and Recommendation and so offers its comments on the Government's report on that basis.

Peru

The Government finds the proposed Convention appropriate for discussion at the 87th Session of the Conference and agrees with the proposed Recommendation, except for the comments below.

Portugal

The proposed text is a satisfactory basis for the second discussion. Observations on specific points are given below under the relevant provisions.

Confederation of Portuguese Industry (CIP). During the first discussion, the Confederation said that instead of adopting new international standards to achieve the elimination of illicit child labour, effective means of action should be taken at the national level. Nevertheless, child labour in itself should not be confused with the "extreme" forms, the "worst" forms or the "most intolerable" forms of such work, which must be eliminated. Therefore, the elimination of child labour in all its forms, in view of the importance of the education and training of young people, should be considered, but in a long-term perspective. The discussion of this problem focuses, then, on extreme forms of child labour. If a new international instrument is adopted on this subject, it is essential that it be realistic, simple and precise and that it reflect adequately all the economic and practical implications, enabling it to be ratified by the highest possible number of member States. There are reservations about the texts of the proposed Convention and Recommendation, which do not constitute a sufficiently appropriate basis for the discussion of this subject at the next session of the Conference.

General Confederation of Portuguese Workers (CGTP-IN). The proposed new ILO Convention and Recommendation on child labour have as their specific aim the prohibition and immediate elimination of the "worst forms of child labour" and are intended to complement the Minimum Age Convention and Recommendation, 1973, which will continue to be the fundamental ILO instruments in this area. The proposed texts, therefore, have a very specific and restricted objective. They do not contain any references to the fact that all forms of child labour are intrinsically reprehensible, that the final objective continues to be the ultimate abolition of all child labour and that these instruments represent just one small step in this direction. It would be impossible, in fact useless, to approve instruments which call for the immediate abolition of all forms of child labour, as they would meet with little or no acceptance by ILO Members. It is fundamental that the Preamble to the proposed Convention include a clear and express reference in this respect, that would in fact simply reflect the positions that the ILO has always taken, since its inception in 1919, in relation to child labour. Furthermore, the proposed Recommendation, not having the same binding nature as the proposed Convention, could include more advanced provisions in respect of the progressive elimination of all forms of child labour. The expression chosen to delimit the scope of the instruments – "the worst forms of child labour" – is not the most ideal one, in that it involves an implicit value judgement: if there are worse forms, there are also better forms of child labour which are therefore more acceptable – a particularly disturbing idea in the context of the fight against child labour. In reality, however, whatever the expression chosen – "extreme forms", "intolerable forms", "most abusive forms" – there is still a value element because the problem does not lie in the expression used, but in the actual fact of qualifying certain types of child labour as more acceptable than others. The main shortcoming in the proposed instruments is their scope, which is too restricted and, moreover, liable to give the idea that the other forms of child labour not mentioned could, in some way, be acceptable. However, even taking as inevitable the need to restrict the scope of the proposed Convention to the "worst forms of child labour", it is imperative that the definition of what constitutes these forms of work be absolutely clear and objective, on the one hand corresponding strictly to situations considered to be work in the true sense and, on the other, to as broad a range as possible of situations involving child labour. Therefore, it is necessary first of all not to lose sight of the fact that the Conference is defining "forms of labour", which means that other forms of child exploitation, however disgusting and intolerable they may be (such as prostitution or the use of children in illicit activities such as drug trafficking), do not fall within this sphere, because they do not correspond to the concept of work. In spite of the proposed Convention, and other international instruments condemning these forms of child exploitation, it does not seem appropriate to define them as "forms of labour". Secondly, given that the proposed Convention defines a child as any person under the age of 18, it is essential that the "worst forms of child labour" to be abolished immediately include work (of any kind) performed by very young children – let us say under the age of 12 years, with the reservation that any age limit established will always be a random one, but no more so than the boundary between the worst and the best forms of child labour. A distinction is made in this particular case between a child in the strict sense of the word and an adolescent. Certainly no one will question that the use of children of 6 or 7 years of age for work is, objectively and irrespective of the type of work in question, more intolerable than work performed by an adolescent of 15 or 16 years of age or more. The younger the child is, the more his or her physical and mental development will be affected, as well as access to school, and the more flagrant the violation of his or her most basic rights will be. Lastly, work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of children, as provided in Article 3(d), should be specifically defined in the proposed Convention instead of the proposed Recommendation, given that the proposed Convention is a binding instrument. Likewise, the proposed Convention should list these types of work (see the list included in the proposed Recommendation – Paragraph 3) and should stipulate their immediate prohibition and elimination, in keeping with the objectives of the proposed Convention. As for the rest, the Confederation does not disagree in principle, although the Members' obligations should be more clearly formulated, making it clear that the main obligation to which they will become bound through ratification will be the immediate elimination of these forms of child labour and not merely their legal prohibition; in other words, it will not be enough to publish laws prohibiting them (remember that in most countries child labour is already prohibited), but it will be necessary effectively to monitor their practical application through the use of coercive measures (the application of sanctions, preferably penal ones); furthermore, the removal of children from work will imply the existence of alternatives for these children, namely in terms of education. Although the CGTP-IN agrees with the reasoning that brought the ILO to approve the proposed Convention and Recommendation, it could and should go further.

South Africa

New standards in the form of a Convention supplemented by a Recommendation should be adopted.

Business South Africa (BSA). BSA supports the adoption of a Convention and a Recommendation on the immediate abolition of the worst forms of child labour. It supports the formulation of a Convention that would lead to universal ratification. In addition to supplementing the proposed Convention, the proposed Recommendation should be drafted so that it could be used as a stand-alone document in countries that have not ratified the Convention. All comments on particular provisions should be seen against this background.

Sri Lanka

The Government recommends adoption of the new Convention. The principal objective of the proposed Convention is to a large extent in conformity with the objective of recently enacted legislation, the National Child Protection Authority Act, which "provides for the establishment of an authority for the formulation of a national policy on the prevention of child abuse and the protection and treatment of children who are victims of such abuse", and for the coordination and monitoring of action against all forms of child abuse.

Sweden

The Swedish tripartite ILO committee supports a Convention supplemented by a Recommendation. The texts proposed are in close agreement with the conclusions adopted by the Conference in 1998. There is an urgent need for the new Convention concerning the prohibition and immediate elimination of the worst forms of child labour to be included among the fundamental ILO Conventions referred to by the World Summit for Social Development in Copenhagen in 1995 and also the ILO Declaration on Fundamental Principles and Rights at Work. The United Nations Convention on the Rights of the Child should be the starting-point for continuing work by the ILO, and a stronger link could be made to it in the proposed Convention. It would be logical if the proposed Convention came to be regarded as a refinement of Article 32(1) of the Convention on the Rights of the Child, in the same way that Convention No. 138 is in relation to Article 32(2). Such an interaction could have a great impact, given, among other things, that 191 States have acceded to the Convention on the Rights of the Child. It would also be of great benefit to the work of the United Nations Committee on the Rights of the Child and UNICEF if it could be said that Article 32(1) is made clearer by the new Convention. See also comments below under the Preamble.

Swedish Employers' Confederation (SAF). There must be a short, simple and generally worded instrument which can be ratified by as many States as possible immediately after its adoption by the Conference in June 1999.

Switzerland

The Government of Switzerland fully supports the elaboration of a new Convention and new Recommendation on the worst forms of child labour.

Confederation of Swiss Employers (UPS). The UPS fully supports the adoption of international instruments concerning the elimination of the worst forms of child labour. These instruments should be concise and well targeted in order to be understood, accepted and ratified by as many member States as possible. The proposed texts constitute a satisfactory basis for a second discussion in 1999.

Federation of Swiss Salaried Employees' Association (FSE/VSA). The FSE/VSA welcomes the Conference's initiative to develop an international instrument which will concentrate on the elimination of the worst forms of child labour.

Swiss Confederation of Christian Trade Unions (CSC/CNG). The outcome of the first discussion was positive even if there is still a need to discuss in depth the role of education and the use of children for military purposes.

Turkey

Confederation of Progressive Trade Unions of Turkey (DÝSK). The proposed Convention and Recommendation concerning the prohibition and immediate elimination of the worst forms of child labour are appropriate and the Confederation endorses the texts. However, the proposed Convention would come closer to its objective if the following points are added. First, any type of work which keeps children from school must be recognized as one of the worst forms of child labour. The essential and inalienable right to education can be a fundamental criterion in response to the argument made by countries that children are obliged to work since they would otherwise be driven to prostitution or starvation. Second, the views of the children affected by child labour and of their families must be sought and included in future action programmes designed to prevent child labour. Finally, the practice of arming children and sending them to war must also be defined as "hazardous work". The fact that children are being used in wars is a totally unacceptable situation. In fact, sending children to war is a practice which is prohibited in various international human rights instruments. Inclusion of the practice of sending children to fight in wars in the scope of the ILO Convention and its definition as a practice which must be prohibited and immediately eliminated would strengthen other international laws and initiatives in the field.

United Kingdom

The text of the report is broadly in line with the United Kingdom's views reflected in the conclusions of the Committee on Child Labour at the 86th Session of the Conference. The Government is therefore of the opinion that the proposed texts of the instruments provide a suitable basis for discussion at the 87th Session of the Conference in June 1999. The comments below under the relevant provisions therefore focus on the amendments introduced by the Office.

United States

While the texts of the proposed Convention and Recommendation are, on the whole, a satisfactory basis for discussion by the Conference at its 87th Session in June 1999, comments and suggested amendments are proposed in furtherance of the widely subscribed view that the new instruments be crafted to permit broad ratification. These comments and amendments have been agreed on a tripartite basis. The ILO must create a Convention that is strong and meaningful but that can be ratified and implemented by the widest possible number of member States. All comments below flow from this fundamental idea. It is imperative to adopt an instrument which creates immediate and concrete obligations for member States to stop the worst forms of child labour. The objective, then, must be to keep the proposed Convention narrowly focused and action-oriented, in plain language and without duplication. It should emphasize outcomes and provide a framework sufficiently flexible to accommodate appropriate diversity in national policies and practices. The aim of the proposed Convention clearly is the elimination of the worst forms of child labour, i.e. work that is the most harmful and performed by the most vulnerable children. For this reason, the proposed Convention must not be a restatement or a revision of Convention No. 138, which will remain the basic ILO standard on child labour. Rather, the new instrument should be viewed as applicable to a subset of the types of labour covered by Convention No. 138. Such a view does not compromise Convention No. 138. In fact, it permits consistency with Convention No. 138 where appropriate, and going beyond it where necessary. Attempts to incorporate the language of Convention No. 138 would be counterproductive as they could render the proposed Convention unratifiable for countries that have encountered difficulties in ratifying Convention No. 138. In this regard, any work proposed to be banned in addition to bonded labour and work in the sex and drug industries must be of the same severity as these imminently harmful and readily identifiable work categories. The third and fourth paragraphs of the Preamble to the proposed Convention refer to the "prohibition and effective elimination of the worst forms of child labour" and explain that "effective elimination of the worst forms of child labour requires immediate and comprehensive action". This is the correct approach, since it is unrealistic to expect that the worst forms of child labour can in all cases be eliminated immediately. During the first discussion, some delegates considered that "immediate" means "as soon as possible", but this is by no means the accepted definition of the term. The language of the proposed Convention and Recommendation should be fully understandable to all who will read them, and the proposed Convention's provisions should lend themselves to "immediate" and as wide as possible ratification by all member States. Therefore, the title of the draft instruments should be changed to "the proposed Convention and the proposed Recommendation concerning the prohibition and effective elimination of the worst forms of child labour" and all other references to "immediate" elimination should be replaced with "effective" elimination. The focus of the instruments is thereby placed on urgent and comprehensive measures, provisions which would be immediately applicable, the aim of which is the total elimination of the worst forms of child labour. Finally, no provisions should be moved from the proposed Recommendation into the proposed Convention, because it would diminish the likelihood of ratification by member States.

Venezuela

Confederation of Autonomous Trade Unions (CODESA). Any legitimate activity engaged in by children anywhere in the world and which warrants the supervision of the government must be conducive to their full physical, mental, spiritual, moral and intellectual development. The instrument adopted by the Conference should not focus only on negative aspects, such as stressing that its objective is the elimination of the worst forms of child labour or the immediate elimination of any particular type of work, but should also emphasize positive aspects. For example, the governments and civil societies of countries where poverty is seen as making child labour necessary should devise forms of child labour that are culturally based, such as theatrical activities and other activities that develop the child's artistic talents and skills, such as music, poetry and painting. Such activities should be strictly supervised by the State.

Holy See

Taking into consideration its status of observer and without intervening directly in the debate on the new legal instruments, the Holy See confirms its full support to the objectives of the proposed new international standards concerning the prohibition and elimination of the worst forms of child labour.

United Nations Committee on the Rights of the Child

The Committee welcomes the close cooperation it has established with the ILO regarding the implementation of existing norms as well as the drafting of new norms to eliminate the worst forms of child labour. The Committee wishes to emphasize that the Convention on the Rights of the Child has now reached near-universal ratification (191 States parties) and that its principles and provisions, especially its Article 32, call upon States parties to duly take into account other existing international instruments, including with regard to the minimum age for admission to employment, regulation of hours and conditions of employment and the provision of appropriate sanctions. The Committee has taken note of the text of the proposed new Convention concerning the prohibition and immediate elimination of the worst forms of child labour. It strongly welcomes the fact that the text of the proposed Convention integrates many recommendations and comments made by the Committee during its thematic discussion on the economic exploitation of children held at its fourth session in 1993 and in its letter dated 12 February 1997 to the Director-General of the ILO (request to reply to the ILO questionnaire regarding the drafting of a proposed Convention concerning the prohibition and immediate elimination of the worst forms of child labour). Specific comments on Articles 3 and 5 appear below.

Office commentary

The general observations reinforce the overwhelming support for new ILO standards specifically focused on the worst forms of child labour. The replies also indicate that the texts of the proposed Convention and Recommendation are a good basis for discussion during the 1999 session of the International Labour Conference. Nevertheless, amendments have been suggested on several points and there is a divergence of opinion on some key issues.

It should be noted at the outset that the Proposed Conclusions discussed by the Conference Committee in 1998 had referred to "extreme" forms of child labour. The Committee, however, amended the reference to read the "worst" forms of child labour. This continues to be accepted, although some reservations have been reiterated about the possible implication that certain types of child labour are more acceptable than others.

The desire is expressed again in the general observations to have a short, focused Convention, dealing with basic principles and capable of being ratified in all member States. It is also suggested that it should define the worst forms of child labour and the measures required for their immediate elimination clearly and realistically enough to make their implementation and ratification feasible, that it should be among the fundamental ILO Conventions, and that it should create immediate and concrete obligations that are narrowly focused and action-oriented.

The determination of what constitutes "the worst forms of child labour" remains at the heart of the debate. A major issue is whether the extreme or worst forms of child labour have adequately been identified and separated out from other forms or kinds of child labour. This debate is centred around the definition in Article 3(d) of the proposed Convention and whether further clarity should be provided by referring more directly in the Convention to the kinds of work considered likely to jeopardize the health, safety or morals of children, or whether the flexibility in Article 4 for national determination is sufficient and appropriate. Other issues to come before the Conference relate to the inclusion of access to basic education and a direct reference to child soldiers or other involvement of children in armed conflict or military activity in the definition of the worst forms of child labour.

There are also differences of opinion on the time frame within which the worst forms of child labour are to be eliminated, and the meaning to be given to the relevant phrases in the Preamble (immediate and comprehensive action for effective elimination), in Article 1 (measures for immediate elimination) and in Article 7 (effective and time-bound measures).

The relationship between the new standards and the Minimum Age Convention, 1973 (No. 138), is another central issue. Concerns are raised in particular with respect to the references to Convention No. 138 in the Preamble and to the similarities between Articles 3(d) and 4 concerning the definition of the worst forms of child labour, and the provisions in Article 3 of Convention No. 138 on the higher minimum age for hazardous work. Generally, commentators elaborate on different principles that they believe should govern the relationship between the instruments. Some replies reiterate the importance of making it clear that the new Convention does not replace or undermine Convention No. 138, but that it is consistent with it, and that Convention No. 138 remains the fundamental ILO Convention for the total abolition of child labour. Others are concerned that a repetition of, or too close a link with, provisions in Convention No. 138 is inappropriate and might result in the adoption of provisions which could pose similar obstacles to ratification, or that references to child labour in general are inappropriate because some forms of work by children are acceptable. These issues are discussed below in the commentary on the Preamble and Articles 3 and 4.

In general, an underlying concern is whether the value added of a new Convention has been clearly established. As drafted, the proposed Convention differs from existing standards in that it focuses on the worst forms of child labour, requiring priority action in the form of immediate elimination; explicitly lists some of these worst forms while allowing flexibility at the national level to determine which hazards bring other work into the category of the worst forms; provides for monitoring mechanisms and programmes of action; requires measures of prevention, rehabilitation and reintegration; stipulates that special attention shall be given to children at special risk and the situation of girls; and calls for international cooperation and assistance.

The Office has taken note of the proposals for drafting changes made by governments and employers' and workers' organizations. However, a minimal number of changes have been made to the texts, given that on most issues the present text is accepted by the majority or there is not sufficient agreement to support one particular change over another. In some instances, the Office offers, merely for consideration, some possible alternatives under the relevant provisions below to address some of the concerns raised in the comments.

Observations on the proposed Convention concerning the prohibition
and immediate elimination of the worst forms of child labour⁽²⁾

The General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 87th Session on 1 June 1999, and

Considering the need to adopt new instruments for the prohibition and effective elimination of the worst forms of child labour, as the main priority for national and international action, to complement the Convention and Recommendation concerning Minimum Age for Admission to Employment, 1973, which remain the fundamental instruments with a view to achieving the total abolition of child labour, and

Considering that the effective elimination of the worst forms of child labour requires immediate and comprehensive action, taking into account the importance of basic education and the need to remove the concerned children from work and to provide for their rehabilitation and social reintegration, and

Recalling the Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989, the Copenhagen Declaration on Social Development and the Programme of Action of the World Summit for Social Development, 1995, and the Beijing Declaration and Platform for Action of the Fourth World Conference on Women, 1995, and

Recalling that some of the worst forms of child labour are covered by other international instruments, in particular the Forced Labour Convention, 1930, and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956, and

Recalling the relevant provisions of the Labour Inspection Convention, 1947, and the Human Resources Development Convention and Recommendation, 1975, as well as the Declaration on Equality of Opportunity and Treatment for Women Workers, adopted by the International Labour Conference in 1975, and

Having decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and

Having determined that these proposals shall take the form of an international Convention;

adopts this       day of June of the year one thousand nine hundred and ninety-nine the following Convention, which may be cited as the Immediate Abolition of the Worst Forms of Child Labour Convention, 1999:

Observations on the Preamble

Argentina. Third and fourth paragraphs: Agrees with the original proposal "immediate elimination".

Australia. Concerning the drafting changes made in the third and fourth paragraphs, the Government does not object to the reference to "effective elimination" of the worst forms of child labour as the main priority for national and international action or to the format in the fourth paragraph providing an explanation of what is involved in the effective elimination of such labour. The Government does not support including at the end of the third paragraph the text "... with a view to achieving the total abolition of child labour". While the purpose is to align the text with the Preamble to Convention No. 138, the focus should be kept on the aims and purposes of the new instrument and not on the aim of another standard. The adoption of the new instrument should not be seen just as a step in achieving the objective of effective abolition of all forms of child labour, which, with limited exceptions, is the subject of Convention No. 138. The reference in the fourth paragraph to the "need to remove the concerned children from work" should be amended to read "from such work" to make it clear that it is not proposed that children be removed from all work.

Bahrain. Include a reference to the Universal Declaration of Human Rights, 1948, as it is one of the most widely known and influential documents in the field of human rights. Reference should also be made to the United Nations International Convention on the Elimination of All Forms of Racial Discrimination, 1965.

Belgium. Agrees to the changes made by the Office to align the texts of the third and fourth paragraphs with the title of the proposed Convention.

CNT. Regrets that the Preamble does not stress the need for collaboration and coordination between the ILO and other organizations of the United Nations system.

Brazil. CNC. The Preamble should be as concise as possible, avoiding references to instruments relating to other issues, such as human resources development and equality of opportunity and treatment for women workers.

Bulgaria. Wholly supports the text of the Preamble.

Canada. Amend the third paragraph, which begins "Considering the need to adopt", to clarify the double objective of Convention No. 138, which is to abolish child labour and raise progressively the minimum age for admission to employment. This would indicate that the proposed Convention does not require the abolition of all forms of work by children. Insert the word "such" before "work" in the fourth paragraph, to clarify the intention to remove children from the worst forms of child labour, not from all work.

Canadian Employers Council (CEC). Agrees with the Office's proposed rewording. Third paragraph: The addition of the words "with a view to achieving the total abolition of child labour" when referring to Convention No. 138 is misleading, as that Convention allows some forms of child labour such as "light work". Furthermore, notwithstanding allowed exceptions under Convention No. 138, it has not received broad acceptance. Many member States (including Canada) have not ratified it and probably will never do so and some ratifying Members have made few efforts to implement it. Finally, many employers and citizens do not support the total abolition of child labour in Canada. Part-time activities such as paper routes, babysitting and the like are generally regarded as beneficial to children of appropriate age. Canadian employers do, however, support wholeheartedly the total abolition of the worst forms of child labour (subject to an acceptable definition of the classes of activities it would encompass). Fourth paragraph: Move the adjective "concerned" to after "children".

Chile. Agrees with the Office's new formulation of the two paragraphs, which originally contained an element of duplication. The proposed change in the second of these contributes to the comprehension of the proposed instrument by explaining and putting into context the meaning of the term "effective elimination".

United Trades Confederation of Small and Medium-sized Enterprise, Service and Craft Industries of Chile (CONUPIA). The term "as a priority" should be expanded and improved by establishing times and deadlines.

Croatia. The Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946, and the Night Work of Young Persons (Industry) Convention (Revised), 1948, should be added to the seventh paragraph of the Preamble. The definition of the worst forms of child labour includes any type of work which could jeopardize the health of children, and Paragraph 3(e) of the proposed Recommendation specifically refers to night work as hazardous.

Denmark. Maintain the reference to "immediate and comprehensive action" in the third paragraph, because the text proposed by the Office does not emphasize that action must be taken immediately, only that effective elimination must be achieved.

Ecuador. Agrees.

Egypt. Approves of the Preamble. Suggests including in the fourth paragraph the phrase "to reduce poverty" after "the importance of basic education".

Egyptian Trade Union Federation. Agrees with the text of the Preamble. However, the numbers, not only the title and date, of Conventions and Recommendations referred to should be included, so they can be retrieved more easily. In addition, add: "in order to alleviate poverty and fight unemployment" to the fourth paragraph after "comprehensive action".

El Salvador. Reference should be made to all the relevant international declarations, programmes and platforms of action, Conventions and Recommendations, and to the importance of basic education in the removal of children from work and their rehabilitation and social reintegration.

Finland. At the June 1998 Session of the Conference, Finland supported including references to other international conventions, such as the United Nations Convention on the Rights of the Child, which has an important role in implementing the new Convention. Finland supports the references in the Preamble to internationally important agreements of which Finland is a signatory and the important role of basic education in the prevention and elimination of child labour. Basic education is one of the most important tools available to development cooperation programmes which aim to reduce and eliminate the use of child labour. Removing the double reference to "comprehensive action" in the third and fourth paragraphs has improved the language of the text. The Government strongly supports the recommended wording "with a view to achieving the total abolition of child labour". A reference to the conclusions of the International Conference on Child Labour held in Oslo from 27 to 30 October 1997 should be included in the fifth paragraph, and a reference to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), which deals with discrimination in access to employment, training and working conditions, should be included in the seventh paragraph.

Federation of Finnish Enterprises (SY). See comment under Article 7.

France. French Democratic Confederation of Labour (CFDT). Taking children out of work and reintegrating them into society is important. Governments should take immediate global measures. A reference to poverty in the Preamble would be inappropriate since poverty is one of a number of factors that contribute to child labour and should not be presented as being the principal one.

Germany. Supports changes made by the Office, which appear to be appropriate.

BDA. The references to the Copenhagen Declaration on Social Development, the Programme of Action of the World Summit for Social Development, 1995, the Beijing Declaration and Platform for Action of the Fourth World Conference on Women, 1995, and the Declaration on Equality of Opportunity and Treatment for Women Workers should be deleted. The Preamble should be short and restricted to subject matter of recognizable relevance; the relevance of these declarations to the subject of the proposed Convention is not clear since they have nothing directly to do with its subject matter.

German Confederation of Trade Unions (DGB). Third paragraph: The reference to Convention No. 138 is particularly relevant with regard to the general minimum age (18 years) laid down in the proposed Convention. Convention No. 138 sets the minimum age for hazardous work at 18 years, the general age for admission to employment at 15 (14 years initially in countries whose economy is insufficiently developed). Light work may be performed by persons 13 years of age (or 12 years initially in view of the level of economic development). The following three main objections arise with regard to a minimum age of 18 years: general objections based on the impact of the proposed Convention on the employment of persons aged between 15 (14) and 18; possible impact on participation of persons aged under 18 in vocational training measures, especially in cases in which trainees are involved in activities at the workplace; and a possible conflict between the provisions of the proposed Convention and the legislation on the age of consent (legal age for sexual activity) in several countries. This concerns participation in commercial sexual activities/prostitution of persons aged under 18 but over the legal age of consent. The proposed Convention should supplement Convention No. 138, and its provisions concerning the employment/training of persons aged between 15 (14) and 18 in non-hazardous work should be taken into account in the application and interpretation of the new Convention. Apart from this, the provisions of the proposed instrument bear a considerable resemblance to Convention No. 138, since the minimum age of 18 only applies to the worst forms of child labour. Fourth paragraph: This was the subject of heated debate in the first discussion, with objections raised mainly against the requirement to take immediate action. The DGB stressed that this should not be taken to mean that all cases of the worst forms of child labour would immediately disappear, but rather that immediate and comprehensive action should be taken by governments, i.e. that appropriate measures must be taken immediately. Although the Workers' group agrees that clearer wording in some places might be helpful, the wording proposed by the Office does contain some substantive changes that call for further discussion. Some governments were clearly in favour of an explicit reference to poverty as a cause of child labour. The Workers' group agreed that poverty was a consequence and a cause of child labour and suggested a compromise text to the effect that ratifying States would be assisted in applying the provisions of the Convention by the ILO in cooperation with other institutions. The compromise text was rejected by the Committee. The Workers' group decided not to pursue the reference to poverty further, since poverty could serve as a pretext for not applying the Convention fully, and poverty is only one of many factors causing child labour and therefore should not be put forward as the only main factor.

Greece. Agrees to the changes made by the Office in the third and fourth paragraphs.

National Confederation of Greek Trade. Agrees to the changes made by the Office in the third and fourth paragraphs.

Ireland. ICTU. The proposed Convention stresses that immediate elimination of the worst forms of child labour requires comprehensive action and that the children affected should be removed from work, rehabilitated and reintegrated into society. There was considerable debate on this issue in the first discussion, in particular objections from certain governments to the requirement for immediate action. The Workers' group stressed that they did not believe that this should be interpreted to mean that all cases of the worst forms of child labour would disappear immediately, but that immediate and comprehensive action should be taken by governments – that is, action should be taken without delay. The Office has endeavoured to redraft the relevant sections in the Preamble and operative part of the proposed Convention (Preamble and Article 6). While the ICTU accepts that some clarification of language in certain paragraphs might be useful, the wording proposed by the Office could be seen to involve rather more substantial changes on this issue than is necessary. Some governments argued strongly during the first discussion for clear references in the Convention to poverty as a cause of child labour. The Workers' group accepted that child labour is both a consequence and a cause of poverty and proposed compromise language which would require ratifying countries to support cooperation between the ILO and other institutions to implement the provisions of the Convention. The compromise proposal was not accepted by the Committee. The ICTU does not believe that a proposal for the inclusion of a reference to poverty in the Convention should be agreed, as some governments could use poverty as an excuse to avoid fully implementing the requirements of the Convention. Because poverty is one of many factors which causes child labour, it should not be presented as being the only major factor. The ICTU supports the proposal to include a reference to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in the Preamble along with a reference to the conclusions of the International Conference on Child Labour held in Oslo from 27 to 30 October 1997.

Italy. Agrees with the change made by the Office and is very pleased with the formulation of the third preambular paragraph which states that the effective elimination of the worst forms of child labour is "the main priority for national and international action" but "with a view to achieving the total abolition of child labour". The term "to remove from work" used in the proposed text should be interpreted in the broadest possible sense: to remove from extreme forms of work on a priority basis, as part of comprehensive action to remove children from work.

CGIL, CISL and UIL. It is appropriate that the proposed Convention refers to the worst forms of child labour rather than the most intolerable or extreme forms. Agree that the new instruments supplement Convention No. 138 and Recommendation No. 146, which remain fundamental instruments. Suggest that the third preambular paragraph should keep the following words: "for the prohibition and immediate and comprehensive action for the ...". The following paragraph should also remain as the Committee approved it. As regards the question of removal from work, which also appears in Article 7, paragraph 2, the formulation should stay as it is. It is proposed to insert in the Preamble a reference to the conclusions of the International Conference on Child Labour held in Oslo in 1997 and Convention No. 111.

Kenya. COTU. Fourth paragraph: The words "immediate and comprehensive" suggest bold action without delay or urgent action in an holistic way. The social partners need to make serious comments on this issue. Poverty should be cited for its special relevance in three ways: as a consequence and cause of child labour, as a factor that must be eliminated, and because of its relationship to social justice, which must be promoted. This will give full meaning to the words "comprehensive action".

Madagascar. Approves the proposed text. The fight against child labour requires comprehensive action that should be undertaken within the global framework of the ongoing programme on poverty eradication. This includes education and rehabilitation.

Mexico. The title of the new instrument, which should be a Recommendation only, should be "Recommendation concerning the immediate prohibition and progressive elimination of the worst forms of child labour". First, second, fifth, sixth, seventh and eighth paragraphs: Retain. Third paragraph: Delete "to adopt new instruments" and replace "complement" with "strengthen". Insert a new fourth paragraph: "Considering that there is a radical difference between the terms ‘exploitation of children' and ‘economic exploitation of child labour', the first referring to situations involving crimes and offences against children and the second to activities which are among the forms of labour to which this Recommendation refers as the worst forms of child labour". Existing proposed fourth paragraph: Replace the term "effective" by "progressive". Tenth paragraph: Replace the words "Immediate Abolition" with "Immediate Prohibition and Progressive Elimination".

Morocco. Replace "national and international action" by "national action, and international cooperation and assistance".

New Zealand. The Preamble contains unnecessary references to other international instruments. Although it is useful to recall existing instruments dealing with similar matters, it is also desirable to use the drafting of new instruments to move forward and make progress on issues within the contemporary context. The United Nations Convention on the Rights of the Child, 1989, is the key instrument relating to children, and therefore the Preamble needs to explicitly link the purpose of the proposed Convention with the fundamental rights set out in the Convention on the Rights of the Child. It is suggested therefore that the Preamble refer to the core principles contained in that Convention which have specific relevance to the proposed Convention, such as article 3 concerning the best interests of the child and article 12 dealing with the right of the child to be heard in matters affecting the child. Including such a reference in the Preamble would highlight the fundamental purpose of the proposed Convention, which is to protect child workers from harm, and link it to the cornerstone instrument which sets out children's rights. The Government supports the revised texts in the third and fourth paragraphs, regarding the use of "effective elimination" and "prohibition and immediate and comprehensive action". Concerning the third paragraph, which draws a relationship between Convention No. 138 and the proposed Convention, the Government does not support the formulation recommended by the Office. Firstly, all forms of child labour are not harmful, and therefore "to achieve the total abolition of child labour" should not be included (in New Zealand there is a long-established practice of the employment of children in part-time/holiday work, i.e. outside school hours, such as newspaper rounds and fruit picking). Secondly, despite recent ratifications, Convention No. 138 has yet to gain broad acceptance. It may therefore be counterproductive to the goal of universal ratification of the proposed Convention if the text of the latter is aligned too closely with that of Convention No. 138.

NZEF. Agrees with the Government that the Preamble contains unnecessary references to earlier international instruments. While these instruments may cover some of the worst forms of child labour, the fact that they have not enjoyed universal ratification, and that inappropriate forms of child labour continue to exist, indicates a lack of success in achieving the end they were intended to achieve. Reference to such instruments is unlikely, therefore, to be particularly effective in encouraging ratification of a new Convention, which should be accepted or rejected on its own merits. The NZEF disagrees with the Government that the Preamble should refer to the core principles contained in the Convention on the Rights of the Child. That Convention's potential difficulties of interpretation make it desirable that any instrument developed by the ILO be judged on its own merits and ratified (or not) accordingly. The NZEF supports the proposed textual revision in the third and fourth paragraphs, which it agrees are tautological, and agrees with the Government's opposition to the reference in the third paragraph to Convention No. 138, as there are forms of "child labour" in New Zealand that have never traditionally been considered harmful. Rather, they are looked upon as an effective way of helping young people to become aware of the world of work and its accruing rights and responsibilities. Jobs of this kind may only be performed on a part-time or casual basis, may not involve hazardous work, and may in no circumstances interfere with a young person's schooling.

New Zealand Council of Trade Unions (NZCTU). Supports the changes in the proposed text of the Convention from the words "immediate elimination" to "immediate and comprehensive action" in the third and fourth paragraphs, as it is sufficiently clear that action to be taken by governments is to be done without delay. Concerning the third paragraph, the NZCTU agrees that Convention No. 138 is the fundamental ILO instrument on child labour and that the new Convention should complement it. The NZCTU notes that the Government does not support the words "to achieve the total abolition of child labour" for the reason that not all forms of work undertaken by children are hazardous or harmful. New Zealand has a long-established practice of children working part time after school and during the holidays. However, neither Convention No. 138 nor the proposed new Convention on the worst forms of child labour are intended to eliminate all work undertaken by children. The proposed new Convention is designed with a specific focus on eliminating the worst forms of child labour, not all forms of work undertaken by children. Although Convention No. 138 is broader, it is implicit in its provisions that not all forms of work undertaken by children are considered to be harmful. This is evidenced by its benchmarks for admission into employment. For example, all children over the age of 15 years are permitted to perform non-hazardous work, and children between 13 and 15 years of age may undertake light work. Hazardous work is restricted to persons over 18 years of age. The NZCTU does not believe that the words "total abolition of child labour" are intended to capture all forms of work undertaken by children. It therefore supports the current wording recommended by the Office.

Norway. The Preamble should mention that harmful child labour, including the worst forms of child labour, is prohibited by the Convention on the Rights of the Child. The reference to that Convention in the fifth paragraph is general and it is not mentioned in the sixth paragraph, which refers to other instruments that deal with some of the worst forms of child labour. It is important to point out that States already have an obligation to prevent these forms of child labour under article 32 of the Convention on the Rights of the Child. There should also be a reference to the conclusions adopted by the International Conference on Child Labour in 1997, especially the Agenda for Action.

Portugal. The Government agrees with the changes made by the Office in the third and fourth paragraphs, which simplify the text without affecting its content.

CIP. The Preamble is too extensive, including references to the Convention on the Rights of the Child and to other international instruments, which, contrary to the desired aim, does not confer greater clarity or simplicity on the text.

CGTP-IN. The Preamble should state expressly and clearly that all forms of child labour are intrinsically reprehensible and that the ILO's final objective is the short-term abolition of all forms of child labour.

Senegal. Fourth paragraph: Suggests replacing the words "immediate and comprehensive action" with "a vast alliance".

South Africa. Supports the Office's change to the third paragraph to include "with a view to achieving the total abolition of child labour".

BSA. Including the words "total abolition of child labour" in the third paragraph, allegedly to bring the new proposed Convention in line with Convention No. 138, could become a stumbling block to the universal ratification of the proposed Convention. Either this reference should be deleted or a definition should be given to explain the meaning in relation to the proposed Convention. It is surely not the intention to prohibit all child labour under the age of 18, something that would, for instance, even prohibit a youngster from earning pocket money during school holidays. The explicit reference to various other international instruments in the Preamble could also act as a deterrent to ratification, in particular where mention is made of international instruments that have not been accepted, adopted or ratified by the countries concerned.

Spain. The Government objects to the way in which the Preamble reflects a tendency to prohibit all child labour for those under 18 years of age, given that the aim of the proposed Convention is to focus on the "worst forms" of child labour. If the instrument concentrates on the worst forms of child labour, the result will be different from one that focuses on child labour in general, in which case the age limit could be lower. More specifically, the reference in the third paragraph to the Minimum Age Convention and Recommendation, 1973, to the effect that they "remain the fundamental instruments with a view to achieving the total abolition of child labour", is confusing. Taking into account that Article 2 defines "child" as "all persons under the age of 18", the inevitable conclusion is that the third preambular paragraph provides that ratifying States undertake the goal of achieving the "total elimination" of child labour for persons under 18. Likewise, this paragraph appears to indicate that ratifying States undertake to achieve the "total abolition" of child labour of persons under 18, an objective which is not only philosophically questionable, but out of place in a Convention which should focus on the worst or extreme forms of child labour and, by doing so, attract unanimous support among member States. The declarations and programmes of action referred to in the fifth paragraph, such as the Copenhagen Declaration on Social Development and the Programme of Action of the World Summit for Social Development, 1995, and the Beijing Declaration and Platform for Action of the Fourth World Conference on Women, 1995, are not legal instruments, and governments are not bound by them. If these references are included in the proposed Convention, ratifying States would have to adjust their strategies and programmes to them. Furthermore, whenever the proposed Convention refers to the "total abolition of child labour" or "the need to remove ... children from work", it should be stated and not forgotten that reference is always made to "the worst forms" of child labour. A Convention on the worst or extreme forms of child labour should be clear, concise and comprehensible.

Spanish Employers' Confederation (CEOE). The changes by the Office in the third and fourth paragraphs are an improvement as they eliminate the duplication mentioned while retaining the sense of the amendments accepted in the Committee. Using "prohibition and immediate and comprehensive action" instead of "immediate elimination of the worst forms of child labour" is supported, given the difficulties the latter would pose for certain countries where child labour is endemic. The changes made by the Office in the third paragraph also preserve the spirit of the agreement reached in the Committee on the complementarity between this proposed Convention and the Minimum Age Convention and Recommendation, 1973.

Sudan. During the 1998 Session of the Conference there were lengthy discussions about the expression "immediate elimination". Although this phrase has been replaced in the Articles of the proposed Convention by "take measures to secure the prohibition and immediate elimination", it has been included in the title. Considering that the immediate elimination of the worst forms of child labour requires measures and action to be taken, the present title is not in conformity with the reality of the situation or the text of Article 1. Thus, the proposed Convention should be called "Measures for the Immediate Elimination of the Worst Forms of Child Labour Convention, 1999".

Sweden. The United Nations Convention on the Rights of the Child should be given a paragraph to itself. Binding instruments should be mentioned consecutively and references to conferences and meetings should be separate.

Tunisia. Agrees with the deletion of the reference to "immediate and comprehensive action" in the Preamble.

Uganda. Third and fourth paragraphs: Comprehensive action may require time and resources to set up necessary infrastructure and mechanisms and sensitize all parties. The prohibition preceding the elimination of the worst forms of child labour may be difficult, especially in the African context, where creating the necessary infrastructure and mechanisms and sensitizing the people is in a preliminary stage. It would be more appropriate to have the comprehensive action before the prohibition and the paragraph could read: "for the effective elimination and prohibition of the worst forms of child labour".

United Kingdom. Agrees with the Office's revision. It is clearer and preserves the sense that immediate "action" is required, not immediate elimination of the worst forms of child labour. This is the correct approach as, apart from not being a practical possibility in any case, a commitment to eliminate the worst forms immediately would make ratification unlikely for many member States. However, the title of the Convention still refers to "immediate elimination" and this should be changed. Immediate elimination is impractical and unenforceable at the present time.

United States. Does not support adding language regarding the total abolition of child labour. Even though this phrase is taken from the Preamble to Convention No. 138, it is unnecessary because the total elimination of child labour is not the aim of the proposed Convention, and the adjective is potentially confusing. As noted above under General observations, the proposed Convention should be neither a restatement nor a revision of Convention No. 138. Furthermore, its provisions should be easily understood. Similarly, while the Preamble should acknowledge that the proposed Convention will complement Convention No. 138, the negotiating history should nevertheless make it clear that this proposed Convention is completely separate from the requirements of Convention No. 138, since the proposed Convention should focus on the elimination of only the worst forms of work. The last part of the third paragraph should read: "which remain[s] the comprehensive instrument[s] on child labour". Agrees with the comments made during the first discussion to the effect that a shorter, plainer Preamble would be preferable and could therefore support proposals for limiting the references to international instruments solely to ILO Conventions Nos. 138 and 29 and the United Nations Convention on the Rights of the Child. For the same reasons, recalling the relevant provisions of Conventions Nos. 81 and 142 and the Declaration on Equality of Opportunity and Treatment for Women Workers is unnecessary. In the last paragraph of the Preamble, in keeping with comments made above on the term "immediate elimination", the proposed Convention should be cited simply as the "Abolition of the Worst Forms of Child Labour Convention, 1999".

Venezuela. Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations (FEDECAMARAS). Agrees with the use of the phrase "immediate and comprehensive action".

Office commentary

In general, the comments show a difference of opinion on the appropriate references to be made in the Preamble and the reasons for doing so and raise some questions about the status of the Preamble.

The meaning and effect of the Preamble

The Preamble is not an operative part of the instrument, meaning that it does not have legal force. It can be helpful, however, in interpreting ambiguities within the text. Under international treaty law,⁽³⁾ the basic principle of interpretation is that a "treaty shall be interpreted in good faith in accordance with the ordinary meaning⁽⁴⁾ to be given to the terms of the treaty in their context and in the light of its object and purpose". The Preamble forms part of the context of the Convention and is relevant in determining its overall object and purpose.

Use of the Preamble to establish the relationship of
new instruments to existing instruments

International labour Conventions are designed to form a coherent body of minimum standards in the field of competence of the International Labour Organization. The standard-setting body, the International Labour Conference, takes care to ensure that there is neither duplication of nor conflict between the provisions of different Conventions; one means regularly used by it is to refer in the Preamble to relevant existing texts and to define, again in the Preamble, the legislative gap which the new instrument is designed to fill.

The Office had therefore suggested a short Preamble which would provide the reader with an introduction to the reason for adopting a new instrument and the context in which it is being adopted. This was intended to avoid confusion, to keep the Preamble focused, and to refer only to the other particularly relevant instruments that cover the same subject and might give rise to some question as to its relationship with the other instruments.⁽⁵⁾

The comments reveal a preference for a shorter Preamble but also some continued disagreement over the appropriate references. Some replies suggest deletions from the list, while others suggest additions.

Reference to Convention No. 138 in the third preambular paragraph

Following the first discussion, the end of the third preambular paragraph was revised by the Office. The reference to "the Convention and Recommendation concerning Minimum Age for Admission to Employment, 1973, which remain the fundamental instruments for the abolition of child labour" is amended to read: "which remain the fundamental instruments with a view to achieving the total abolition of child labour". The purpose was to correctly reflect the language of the Preamble to the Minimum Age Convention, 1973 (No. 138).

The Office has retained the reference as an accurate restatement of the purpose of Convention No. 138 from its own Preamble, which is supported by most of those who commented. Those who object do so because they consider that the language may imply that immediate action is to be taken to abolish all forms of child labour or they do not view all "child labour" as inappropriate and thus do not want the reference made. However, the new instrument does not apply to all forms of child labour and the aims of the two Conventions are different.

The divergence of views on this point may be reduced if the term "child labour" is seen as referring not to all work by children, but rather to work which is prohibited by ILO standards. This is how the Office understands the term. Under Convention No. 138, for example, allowable work is subject to minimum ages. Whether it is to be prohibited depends on the age of the child, the kind of work, the circumstances in which it is carried out, whether it jeopardizes safety, health or morals, whether it prejudices attendance at school, and the like. Work which does not conflict with the standard is allowed. Some countries give examples of work which they believe is suitable for children but imply that it is the kind of work prohibited by Convention No. 138 as child labour. It appears that some of the examples given would not be prohibited by Convention No. 138 and thus would not be understood as "child labour".

Third and fourth preambular paragraphs

As commented upon in Report IV(1), the texts in the two preambular paragraphs of the proposed Convention beginning "Considering ..." (third and fourth paragraphs) were revised by amendments in the Committee during the first discussion. The compromise reached on the language of the Preamble was to refer to new instruments "for the prohibition and for immediate and comprehensive action for the elimination of the worst forms of child labour", rather than to the "immediate elimination" of such forms. In the next preambular paragraph it was stated that "effective elimination of the worst forms of child labour requires comprehensive action, taking into account the importance of basic education and the need for the removal from work and the rehabilitation and social reintegration of the children concerned". There was thus an element of duplication in that both paragraphs referred to the need for "comprehensive action", a need which (according to the second of the two paragraphs) stems from the need for "effective elimination".

The Office had been invited to review the drafting of these paragraphs. In doing so, it redrafted them to keep the references to "effective elimination" and "prohibition and immediate and comprehensive action" that had been decided upon by the Committee, but to avoid the duplication. The first of the two paragraphs now refers to the need for new instruments "for the prohibition and effective elimination of the worst forms of child labour" as the main priority for national and international action, and the second explains what is entailed by "effective elimination", namely "immediate and comprehensive action, taking into account the importance of basic education and the need to remove the concerned children from work and to provide for their rehabilitation and social reintegration".

There is considerable support for this in the comments, and the changes have accordingly been maintained. It is emphasized, however, that it reflects the Committee's decisions taken on the Preamble. In the operative part of the Convention, in Article 1, the Committee decided that the Convention should require "measures to secure the prohibition and immediate elimination of the worst forms of child labour". It is this obligation laid down in the operative part of the Convention from which the title has been derived. The title will, of course, eventually reflect the final decisions to be taken by the Conference.

Concerning the fourth preambular paragraph, a question was raised in the Committee's Drafting Committee about the meaning of "removal from work" in the second of the two paragraphs and in Article 7, paragraph 2(b), and whether the intent was to remove children in the worst forms of child labour from such forms or from all work.

A substantial number of replies want the insertion of "such" before "work", arguing that the purpose of the new Convention is to focus on the worst forms of child labour and that it should not interfere with work allowed under Convention No. 138. While some note that in many cases it would be desirable for children who are removed from the worst forms of child labour to be rehabilitated, attend school and no longer work, this might not be practical in all circumstances, and therefore there should be the possibility of older children switching to acceptable work.

Those who want to retain the reference to work in general, however, strike the balance the other way. Children in the worst forms should not be moved around the labour market. Moving them into other work could carry with it the threat of a return to the worst forms or prevent them from being properly rehabilitated or given a chance of obtaining an education. Given the difference of opinion, the text has not been changed, but it is a matter which the Conference may wish to consider.

Fifth and seventh preambular paragraphs

The Office has made changes to the fifth and seventh paragraphs beginning "Recalling ...". The reference to the Convention on the Rights of the Child has been given more emphasis in a separate paragraph. The other references have been regrouped to give more prominence to the legal documents. The Declarations and Programme of Action have been separated into one paragraph, now the eighth preambular paragraph.

Several commentators argue for deletion of the references to the Copenhagen Declaration on Social Development and the Programme of Action of the World Summit for Social Development, 1995, the Beijing Declaration and Platform for Action of the Fourth World Conference on Women, 1995, the Human Resources Development Convention and Recommendation, 1975, as well as the Declaration on Equality of Opportunity and Treatment for Women Workers, adopted by the International Labour Conference in 1975, in favour of retaining only the most significant and particular legal instruments. Some additions were also suggested. Except for the reordering of these provisions, the Office has not made changes, leaving the decision to the Conference. However, it invites the Conference to consider a shorter, more focused Preamble.

Title

There are a few suggestions to change the title, for example by deleting the reference to "immediate" elimination. Since the title is drawn from the obligation laid down in the Convention, it has been maintained and it is left for the Conference to decide, depending upon the final text. It is suggested, however, that "immediacy" of action is a distinguishing feature of the new standards and is thus a clear indication of their purpose.

Article 1

Each Member which ratifies this Convention shall take measures to secure the prohibition and immediate elimination of the worst forms of child labour.

Observations on Article 1

Austria. Insert after the word "measures" the words "under Articles 5 to 8". This would make it clear that Articles 5 to 8 apply only to member States which have ratified the proposed Convention.

Bolivia. National legal provisions specify the types of work prohibited for minors, which will be elaborated on by a forthcoming Children's and Adolescents' Code.

Bulgaria. Agrees.

Ecuador. Agrees.

Egypt. Supports the text of the Article, but it should come after Articles 2 and 3, since it is more convenient to have the definitions at the beginning of the proposed Convention before the main provisions.

Egyptian Trade Union Federation. Agrees.

El Salvador. Agrees.

Jordan. Federation of Jordanian Chambers of Commerce. National legislation prohibits the employment of children under 17 in activities that are dangerous, exhausting or harmful to their health. However, these laws do not conform to the requirement to take immediate measures to secure the elimination of the worst forms of child labour.

Mexico. Mexico favours a Recommendation only and this should read as follows in it: "Each Member shall take the necessary measures for the immediate prohibition and progressive elimination of the worst forms of child labour."

Morocco. There is a discrepancy between the reference to the "effective elimination" of the worst forms of child labour in the second paragraph of the Preamble and the reference to their "immediate elimination" in Article 1. This could lead to conflicting interpretations, and the text should therefore only refer to one of these two terms.

Norway. The phrase "take measures" seems unnecessarily indecisive. In Article 7 the phrase "take all necessary measures" is used. It is difficult to see why the implementation obligation is weaker in Article 1 than in Article 7, when the substance of the obligation is the same.

Peru. Given the country's present social and economic situation, it has to allow minors to work from the age of 12, with the express authorization of the competent authority and provided it does not interfere with their school work or development. However, Peru intends to work towards the progressive elimination of child labour.

South Africa. Supports the proposed text.

Spain. It is not realistic to secure the immediate elimination of the worst forms of child labour. It is one thing to adopt immediate measures and another to eliminate immediately the reality of child labour in its worst manifestations, which requires time, and above all, the elimination of poverty. To state this is tantamount to saying that all ratifying governments shall take measures to secure the immediate elimination of crime or drug trafficking. The following qualified formulation is suggested: "Each Member which ratifies this Convention shall take measures to secure the prohibition and promote the immediate and effective elimination of the worst forms of child labour."

Syrian Arab Republic. Move the word "immediate" to in front of "measures", to give the text greater flexibility.

United States. The correct approach to the proposed Convention is to focus on immediate and comprehensive action for the effective elimination of the worst forms of child labour, thus the following formulation is proposed: "Each Member which ratifies this Convention shall take immediate and comprehensive measures to secure the prohibition and effective elimination of the worst forms of child labour."

Office commentary

The comments on this Article are not numerous, implying its general acceptance. However, there is not a common thread among those that did comment. Some support it as it is, one prefers a stronger formulation such as "all necessary measures", others refer to the necessity for more progressive action and yet another suggests that it be aligned with the wording of the Preamble to refer to immediate and comprehensive measures to secure the prohibition and "effective" elimination, instead of "immediate" elimination, of the worst forms of child labour.

Concerning the meaning of "immediate", the Office notes the dictionary definition, which assigns the meaning of done at once or without delay.

In the light of the comments also made on the provision concerning "time-bound" measures in Article 7, there seems to be considerable support for the emphasis being placed on immediate action or measures. (There is also distinct support, however, especially among workers' organizations, to maintain the reference to "immediate" elimination, on the understanding that some time-bound measures are also required.) The spirit of the Article suggests that immediate measures are required to achieve the goal of effective elimination; however, the text could be understood as allowing a certain time for measures to be taken but requiring their result to be immediate. The meaning might be clarified by placing the word "immediate" before the word "measures", and referring to "effective" rather than to "immediate" elimination (see below).

The rationale for the new instruments has been that there are forms of child labour that cannot be tolerated and therefore cannot be subject to progressive elimination. This is consistent with the resolution concerning the elimination of child labour adopted by the International Labour Conference in 1996 which stressed, within the context of the progressive elimination of child labour, the need to immediately proceed with the abolition of its most intolerable aspects. To immediately proceed implies taking immediate measures without waiting for progress on achieving longer-term goals such as universal compulsory education and poverty alleviation.

At the same time, effective elimination would seem to require both immediate and time-bound measures, and the replies reflect a coalition around this view. Immediate measures would include, for example, removal from intolerable situations. As soon as children are found, for instance, in bondage, in a brothel or deep in a mine, they are to be removed and emergency measures, if nothing else, are to be taken until further assistance and rehabilitation can be provided. Other measures could then be taken, for example for prevention, that could require a certain time frame for implementation and should be time-bound, as stated in many of the comments. Prevention, rehabilitation and social reintegration as called for in Article 7 could have immediate and time-bound aspects. Some examples are given in the box.

The Office has not introduced changes, but invites the Conference to consider which of the adjectives in brackets best expresses the intent in the following proposition:

Each Member which ratifies this Convention shall take [immediate] measures to secure the prohibition and [effective] [immediate] elimination of the worst forms of child labour.

Article 2

For the purposes of this Convention, the term "child" shall apply to all persons under the age of 18.

Observations on Article 2

Australia. The definition of "child" is not exactly the same as that in the Convention on the Rights of the Child. This is an issue that may need to be revisited in the second discussion.

Bahrain. Several ILO minimum age Conventions provide various types of protection for children, especially for hazardous work, and prohibit overtime employment, paying children wages based on piece-work or output and other forms of protection. These Conventions must be legally harmonized with the text of this Article to avoid conflict between the ages stipulated in other Conventions and that set by the proposed Convention. Despite the degree of flexibility available in the provisions of Convention No. 138, many countries have had trouble ratifying it. It may be necessary to reconcile the differences between Convention No. 138 and this Article to promote ratification and go beyond the compulsory education age limit, so that a child may receive a minimum of education. Countries should be able to derogate from this Article, according to their specific economic situations, degree of development and circumstances.

Bangladesh. The term "child" should apply to all persons under the age of 14 instead of 18.

Bolivia. It is correct to apply the term "child" to persons under the age of 18, since the protection of the State should last until that age. From the viewpoint of human biological, psychological and social development, however, it is not correct, since a distinction should be drawn before the age of 18 between children and adolescents. The preliminary draft of proposed national legislation, the Children's and Adolescents' Code, considers any human being from conception to the age of 12 to be a child and from the age of 12 to 18 to be an adolescent.

Bulgaria. Agrees with the proposed texts.

Canada. CEC. The selection of 18 as the age for defining children to whom the proposed Convention will apply will be the subject of further debate at the 1999 Session of the Conference. This is particularly so concerning the definition of the types of work "likely to jeopardize the health, safety and morals of children". Many governments appear to favour exclusions, for example for cases where children under 18, but over a stated age such as 16, receive ade