Committee on Legal Issues and International Labour Standards
EIGHTH ITEM ON THE AGENDA
Form for reports on the application of a ratified
Convention (article 22 of the Constitution): Worst
Forms of Child Labour Convention, 1999 (No. 182)
1. In accordance with the usual practice the Committee is requested to examine the draft form to be used as a basis for the reports on the above instrument which the governments of ratifying States will be required to submit under article 22 of the Constitution of the ILO. The draft form is appended.
2. The text of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), will be appended to the report form, which includes an explanatory note.
3. The Committee is invited to decide on the report form for the Worst Forms of Child Labour Convention, 1999 (No. 182), and to submit it to the Governing Body for approval.
Geneva, 5 October 1999.
Point for decision: Paragraph 3.
182. Worst Forms of Child Labour, 1999
INTERNATIONAL LABOUR OFFICE GENEVA
WORST FORMS OF CHILD LABOUR
CONVENTION, 1999 (No. 182)
The present report form is for the use of countries which have ratified the Convention. It has been approved by the Governing Body of the International Labour Office, in accordance with article 22 of the ILO Constitution, which reads as follows: "Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of the Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request."
The Government may deem it useful to consult the appended text of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), the provisions of which supplement the present Convention and can contribute to a better understanding of its requirements and facilitate its application.
PRACTICAL GUIDANCE FOR DRAWING UP REPORTS
If this is your Government's first report following the entry into force of the Convention in your country, full information should be given on each of the provisions of the Convention and on each of the questions set out in the report form.
In subsequent reports, information should be given in particular:
(a) on any new legislative or other measures affecting the application of the Convention;
(b) in reply to the questions in the report form on the practical application of the Convention (for example, statistics, results of inspections, judicial or administrative decisions) and on the communication of copies of the report to the representative organizations of employers and workers and on any observations received from these organizations;
(c) in reply to comments by the supervisory bodies: the report must contain replies to any comments regarding the application of the Convention in your country which have been made by the Committee of Experts on the Application of Conventions and Recommendations or by the Conference Committee on the Application of Standards.
Article 22 of the Constitution of the ILO
Report for the period .................................... to ...............................................
made by the Government of ..............................................................................
WORST FORMS OF CHILD LABOUR
CONVENTION, 1999 (No. 182)
(ratification registered on .............................)
I. Please give a list of the laws and regulations, etc., which apply the provisions of the Convention. Where this has not already been done, please forward copies of these texts to the International Labour Office.
Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit, or as a result of, ratification.
II. Please indicate in detail for each of the following Articles of the Convention the provisions of the abovementioned laws and regulations, etc., or other measures, which give effect to each Article. In addition, please also give any information specifically requested on the different Articles.
If in your country ratification of the Convention gives the force of national law to its terms, please indicate by virtue of what constitutional provisions the ratification has had this effect. Please also specify what action has been taken to make effective those provisions of the Convention which require a national authority to take certain specific measures.
If the Committee of Experts or the Conference Committee on the Application of Standards has requested additional information or has made an observation on the measures adopted to apply the Convention, please supply the information asked for or indicate the action taken by your Government to settle the points in question.
Each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.
Please provide a general overview of the measures taken to apply this Article.
For the purposes of this Convention, the term "child" shall apply to all persons under the age of 18.
For the purposes of this Convention, the term "the worst forms of child labour" comprises:
(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;
(b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
(c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
Please indicate, for each of the clauses (a) to (d), the measures taken to secure the prohibition and elimination of the worst forms of child labour with regard to all persons (girls and boys) under the age of 18.
1. The types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999.
2. The competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist.
3. The list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned.
Please indicate the types of work determined in accordance with paragraph 1. Please communicate the relevant text.
Please indicate the measures taken to identify where the types of work so determined exist, and communicate the results.
Please indicate how the list of the types of work determined under paragraph 1 of this Article has been periodically examined. Please provide any revised list.
Please indicate the consultations which have been held with the employers' and workers' organizations in accordance with the provisions of this Article.
Each Member shall, after consultation with employers' and workers' organizations, establish or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to this Convention.
Please indicate the mechanisms established or designated, and provide information on their functioning, including any extract of reports or documents. Please also indicate the consultations which have been held with the employers' and workers' organizations in accordance with the provisions of this Article.
1. Each Member shall design and implement programmes of action to eliminate as a priority the worst forms of child labour.
2. Such programmes of action shall be designed and implemented in consultation with relevant government institutions and employers' and workers' organizations, taking into consideration the views of other concerned groups as appropriate.
Please indicate the programmes of action and provide information on their implementation.
Please indicate the consultations which have been held with the employers' and workers' organizations in accordance with the provisions of this Article. Please also indicate the extent to which the views of other concerned groups have been taken into consideration.
1. Each Member shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions.
2. Each Member shall, taking into account the importance of education in eliminating child labour, take effective and time-bound measures to:
(a) prevent the engagement of children in the worst forms of child labour;
(b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration;
(c) ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour;
(d) identify and reach out to children at special risk; and
(e) take account of the special situation of girls.
3. Each Member shall designate the competent authority responsible for the implementation of the provisions giving effect to this Convention.
Please indicate the measures taken in accordance with paragraph 1, including the provision of penal or other sanctions and their actual application.
Please indicate the measures taken with regard to each of the clauses (a) to (e) of paragraph 2. If any of the measures are time-bound, please specify the time frame.
Please indicate the authority or authorities designated in accordance with paragraph 3 responsible for the implementation of the provisions giving effect to this Convention, and by what methods such implementation is supervised.
Members shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.
Please indicate any steps taken in accordance with the provision of this Article.
III. Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.
IV. Please give a general appreciation of the manner in which the Convention is applied in your country. Please indicate any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed action against the worst forms of child labour. If your country has received any assistance or advice under ILO technical cooperation projects, such as the International Programme on the Elimination of Child Labour (IPEC), please indicate the measures taken accordingly.
V. In so far as the information in question has not already been supplied in connection with other questions in this form -- please supply copies or extracts from official documents including inspection reports, studies and inquiries, and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, penal sanctions applied, etc. To the extent possible, all information provided should be disaggregated by sex.
VI. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.(1) If copies of the report have not been communicated to representative organizations of employers and/or workers, or if they have been communicated to bodies other than such organizations, please supply information on any particular circumstances existing in your country which explain the procedure followed.
VII. Please indicate whether you have received from the organizations of employers or workers concerned any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention. If so, please communicate a copy of the observations received, together with any comments that you consider useful.
WORST FORMS OF CHILD LABOUR
RECOMMENDATION, 1999 (No. 190)
[Text not reproduced.]
1. Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of article 3 copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."
Updated by SA. Approved by NdW. Last update: 1 August 2000.