|
Nearly three-quarters of working children are engaged in
the worst forms of child labour. This includes
all forms of slavery or practices similar to
slavery such as
the trafficking of children, debt bondage and serfdom, and forced or
compulsory
labour, the forced or compulsory recruitment of children for armed
conflict,
child prostitution and any forced work which is likely to harm the
health or
safety of children.
Unions can play an important role in helping to abolish
child labour. They can investigate and document cases, build awareness
of the
issue through campaigns, use their collective bargaining powers to help
eliminate it, and promote international labour standards which address
the
issue.
Not all work done by children should be classified as
child labour which should be targeted
for elimination. Children’s or adolescents’ participation in work that
does not
affect their health and personal development or interfere with their
schooling,
is generally regarded as being something positive. This includes
activities
such as helping their parents around the home, assisting in a family
business
or earning pocket money outside school hours and during school
holidays. These
kinds of activities contribute to children’s development and to the
welfare of
their families. They provide the
children with skills and experience, and help to prepare them to be
productive
members of society during their adult life.
The term “child labour” is often
defined as work that deprives children of their childhood, their
potential and
their dignity, and that is harmful to physical and mental development.
It
refers to work that is mentally,
physically,
socially or morally dangerous and harmful to children and interferes
with their
schooling by:
In its most extreme forms, child labour involves children
being enslaved, separated from their families, exposed to serious
hazards and
illnesses and/or left to fend for themselves on the streets of large
cities –
often at a very early age. Whether or not particular forms of “work”
can be
called “child labour” depends on the child’s age, the type and hours of
work
performed, the conditions under which it is performed and the
objectives
pursued by individual countries. The answer varies from country to
country, as
well as among sectors within countries.
The ILO's research identified an estimated 218 million
children aged 5 to 17 years were involved in child labour. Of these
about
166 million were below the age of 15.
There were 108 million below the age of 12. More than 126 million
children were
working in hazardous situations or conditions (and 74 million of these
were
below 15).
Child labour exists in many forms and new forms develop
as the formal sector of economies shrink and the informal sector grows.
Over seventy percent of all child labourers work in
agriculture. An estimated 132 million
girls and boys, aged 5 to 14, help produce much of the food and drink
we
consume, and the fibres and primary agricultural materials that we use.
They do
work such as tending cattle, harvesting crops, handling machinery, or
holding
flags to guide planes spraying pesticides.
The numbers vary from country to country, but it is
estimated that at least ninety percent of economically active children
in rural
areas in developing countries are working in agriculture. A large
number of
these children carry out hazardous child labour, which is work that can
threaten their lives, limbs, health and general well-being. On farms
and
plantations of all types and sizes, these child labourers carry out
jobs or
tasks, which put their safety and health at risk. In terms of loss of
life,
accidents and work-related ill health, agriculture is one of the three
most
dangerous industries in which to work (along with mining and
construction).
Other forms of child labour can be
found in the domestic sector. Child domestic labour refers to
situations where children are engaged
to perform domestic tasks in the home of a third party or employer that
are
exploitative. Where such exploitation is extreme and includes
trafficking,
slavery or practices similar to slavery, or work which by its nature or
the
circumstances in which it is carried out is hazardous and likely to
harm the
health, safety or morals of children, it constitutes a worst form of child labour,
and it needs to be tackled as a matter of urgency.
All over the world, children are working as
child-minders, maids, cooks, cleaners, gardeners and general
house-helps. Child
domestic labour is one of the most common and traditional forms of
child
labour. Across the globe, more girls under16 are employed in domestic
service
than in any other form of work.
Studies on child domestic labour show that children are
taken or sent into domestic service when they are very young; most are
between
12 and 14 years of age although many are much younger. They miss out on
school,
work long hours, often receive little or no compensation and are denied
the
majority of their rights as children. They are clearly in an
exploitative
situation and at risk of extreme exploitation and abuse by the very
nature of
the work they do and the conditions in which they do it. Armed
conflict
A particularly onerous form of child labour involves
armed conflict. The number of children involved in armed conflicts has
increased significantly over the past decade. In 2001 the ILO estimated
that
300,000 children were serving with armed units around the world (of
which
120,000 were in Africa, 120,000 in Asia/Pacific and 30,000 in Latin
America and
Caribbean). While many are older children, aged 15 or more, there has
been a
dramatic trend towards recruiting younger children. The presence of
children
fighting in both government forces and opposition armed groups has
received
publicity in Sub-Saharan Africa, first in West Africa, and more
recently in
Central Africa. However, both teenagers and younger children have also
been
involved in fighting units in other parts of the world, most notably
over many
years in Sri Lanka.
The deployment of children in the front line exposes them
to the risk of death and of serious injury, notably because they take
more
risks than adults. As well as risking injury, their involvement in
killings and
atrocities encourages their perception that violence is normal, and
leaves some
traumatized and many with difficulties in re-adapting to ordinary life.
Even
children attached to armed units who are not directly involved in
fighting miss
out on their education and other opportunities to develop social and
economic
skills, and are exposed to a variety of other risks, including HIV/AIDS
and, in
the case of girls, pregnancy and early motherhood.
There are about one million children working in mines
around the world. Mining is a
form of work that is dangerous to children in every way. It is
physically
dangerous because of the heavy and awkward loads, the strenuous work,
the
unstable underground structures, heavy tools and equipment, the toxic
and often
explosive chemicals, and the exposure to extremes of heat and cold.
Children
who work in mines and quarries are at serious risk of injury and
illness, some
disabilities becoming apparent only years later. An unknown number of
children
each year lose their lives.
Work in mines can also be morally and psychologically
risky given that mining often takes place in remote areas where law,
schools,
and social services are unknown, where family and community support may
not
exist, where "boom or bust" conditions foster alcohol abuse, drugs,
and prostitution. Mining areas are notorious for violence,
prostitution,
drug-use (especially of alcohol), and crime, and they attract those
unable or
unwilling to sustain traditional lifestyles or occupations. Where
temporary
towns have been established, there is seldom potable water. Schools are
non-existent. Far from the public eye, children in small-scale mining
are
vulnerable to social, psychological, and physical dangers not found in
many
other forms of work.
The dangers of mine work are so obvious and extreme that
there are no conditions – poverty included – under which child labour
in mines
should be tolerated. Work
in manufacturing
Child labour in manufacturing work includes carpet
weaving in a small workshop or factory, polishing gemstones, making a
wide
range of products such as garments, chemicals, brassware, glassware,
fireworks,
and matches. These processes expose children to hazardous chemicals,
poor
ventilation, radiant heat, and fire or explosion which can lead to
poisoning,
respiratory diseases, cuts, burns and even death. Work
in the informal sector
Work in the informal sector involves a wide range of
activities which often take place on the streets and generally involve
little
equipment. It includes, for example, shoe cleaning, begging, pulling
rickshaws,
collecting fares on small buses, selling newspapers, collecting
rubbish, and
scavenging on garbage dumps. It could also include the activities of
domestic
servants and homeworkers. Carrying loads on construction sites and
brick kilns
can also be involved.
Child trafficking is one of the worst forms of child
labour. Although no precise figures exist, an estimated 1.2 million
children -
both boys and girls - are trafficked each year into exploitative work
in
agriculture, mining, factories, armed conflict, or commercial sex work.
The trafficking of children, internally in countries,
across national borders and across continents is closely interlinked
with the
demand for cheap malleable and docile labour in sectors and among
employers,
where the working conditions and the treatment grossly violates the
human
rights of the children, characterized by environments that are
unacceptable
(the unconditional worst forms) as well as dangerous to the health and
the
development of the child (hazardous worst forms). These forms range
from bonded
labour, camel jockeying, child domestic labour, commercial sexual
exploitation
and prostitution, drug couriering, child soldiering and exploitative or
slavery-like practices in the informal industrial sector.
The reasons for child labour are many and the causes of specific incidences will vary from country to country and from industry to industry. However, there are some common causes: Poverty
Poverty is most probably the single biggest cause of
child labour. Large numbers of children work as unpaid workers in
family farms
and stores that depend on family labour to survive economically. As
well, poor
families may send their children to work to increase the family income.
Social
customs and attitudes
In some countries powerful elites or majority ethnic
groups consider that working is the proper and natural occupation for
the
children of the poor or children of ethnic minorities. They have no
commitment
to ending child labour and indeed want to continue exploiting these
children as
cheap labour. In other cases, when parents have little money to spend
on
education, they choose to educate the boy, so girls are often not given
any schooling. Failure
of the education system
Many areas - particularly rural ones - do not have
schools. Where free-of-charge schools are available, their quality may
be poor
and parents decide that their children will survive better if they work
and
learn a skill. Informal
economy
Child labour is much less common in large workplaces. In
small, unregistered entreprises, often in the informal sector, child
labour is
more common. Inspectors rarely visit these smaller workplaces, and
there are no
unions. Lack
of social protection
Many children become involved in child labour because
their societies are not able to provide them with appropriate
protection. They
include children who have been abandoned or have been orphaned by
HIV/AIDS or
natural disasters, and those recruited as soldiers. Low
cost of child labour
As the informal economy grows the use of child workers is
increasingly attractive because they can be hired for less than adults.
In
addition child workers are not involved with unions and they are more
easily
disciplined. Absence
of unions
The incidence of child labour is greatest where unions
are weak or do not exist. Trade unions are not prevalent in the
informal sector
where it can be difficult to organize.
The ILO has long recognized child labour as a violation
of fundamental human rights and consequently adopted a number of
Conventions
and Recommendations. Conventions are legally binding international
treaties
that may be ratified by the ILO's member states. Recommendations are
non-binding guidelines which often provide detailed suggestions on how
conventions could be applied. Conventions serve as guideposts for
organizations, companies and individuals concerned with basic
principles and
rights at work.
ILO standards are primary international legal tools for
fighting child labour. Two ILO Conventions are considered as
fundamental:
This convention
sets the general minimum age
for admission to employment or work at 15 years (13 for light work) and
the
minimum age for hazardous work at 18 (16 under certain strict
conditions). It
provides for the possibility of initially setting the general minimum
age at 14
(12 for light work) where the economy and educational facilities are
insufficiently developed.
This convention
defines as a "child" a
person under 18 years of age. It requires ILO ratifying states to
eliminate the
worst forms of child labour, including 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; child prostitution
and pornography;
using children for illicit activities, in particular for the production
and
trafficking of drugs; and work which is likely to harm the health,
safety or
morals of children. The convention requires ratifying states to 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. It also requires states to ensure access to free basic
education
and, wherever possible and appropriate, vocational training for
children
removed from the worst forms of child labour.
These two Conventions, because they are considered
fundamental conventions of the ILO, have special consequences for all
ILO
members. This is because, in 1998, the ILO adopted its Declaration of Fundamental Principles and Rights at Work.
The declaration stipulates that all ILO states, by being members of the
ILO,
have an obligation to respect, promote, and put into practice the
principles concerning
the fundamental rights which are the subject of the Organization's
fundamental
conventions. This means that even if a country has not ratified
Conventions No
138 and 182 it is obliged to respect their principles.
The Follow-up to the Declaration says that governments
which have not ratified one or more of the fundamental conventions must
submit
a report on the situation related to the non-ratified Conventions. If
for any
reason employers' and workers' organizations have not been consulted in
the
drafting of the report these organizations may submit comments of their
own to
the ILO. This provides an important opportunity for unions to publicize
the
issue of child labour and pressure governments to take action. Child
labour is a union issue
Trade unions were formed to give workers the collective
strength to fight injustice and resist
exploitation. They can help children who have been forced into child
labour in
many ways and at the same time help their members.
For example, poverty is undoubtedly a contributory cause
of child labour. But child labour itself is a cause of poverty. If
children are
forced to do the work of adults at lower wages, then that is a threat
to the
wages and working conditions of adults. Unions can help alleviate
poverty in
their countries, and help their members, by protecting children from
child
labour and demanding that the children have access to decent education.
By
eliminating child labour unions can increase their bargaining power in
society.
Child labour also contributes to the unemployment of
adults. If children who have been forced into child labour can be
removed from
the situation and rehabilitated, the job may be filled by an adult.
Also, there
are many instances where the parent is unemployed and the child is
working.
This is bad for both the child and the adult and the situation should
be
reversed.
Dealing with the problem of child labour is also an entry
point for unions into the unorganized sector. It is extremely difficult
for
unions to organize in the informal sector, but it is precisely where
child
labour most often occurs. By confronting the problem of child labour
unions
could learn how to better operate in the informal sector and therefore
build
their numbers in a crucial economic area. Union
policies and action plans
It is universally recognized and agreed that child labour
must stop. But it will never be eliminated without the involvement of
trade
unions. Here are some policies and actions unions could undertake:
Fact-finding
and investigation
Finding out the facts about child labour and putting
names and faces to the problem are necessary tools to build a
mobilization
programme, decide on priorities, develop strategies and find solutions
to
specific cases. Unions need to investigate and ensure documentation of
concrete
cases of child labour so they can take effective action.
Awareness-raising,
mobilization and campaigning
Awareness-raising and mobilization are important tools
for the prevention and elimination of child labour. Many unions when
first
getting involved in the issue have started by making their own members
more
aware of the problem. Child labour must become more unacceptable to
public
opinion at all levels in society. Publicity material is available from
international trade union confederations, the global union federations
and the
ILO. National centres may also have some material. Refer to the list of
resources at the end of this document.
Use
international labour standards
ILO Convention No. 182 on the Worst Forms of Child Labour
is a weapon unions can use in the fight against child labour. By
mid-2007 165
countries had ratified the Convention, making it part of their legal
infrastructure. Unions working in countries which have ratified the
Convention
could pressure the government to
implement its provisions. They could also complain to the ILO if governments do not live up to their
responsibilities and make the complaint a part of their public
campaigns. If
the country has not ratified the convention unions could push for its
ratification.
By mid-2007 150 countries had ratified Convention No 138
on the Minimum Age for Admission to Employment, which is the basic
instrument
for the abolition of child labour. Unions which work in countries which
have
ratified the Convention could use it to tackle the problem. Or, if the
country
has not ratified, unions could pressure the government to do so.
At the same time, unions could promote and use existing
tripartite (government, employer and worker organizations) to consult
with and
use to advocate the ratification or effective application of the relevant Conventions.
The provision of education is an effective way to stop
most forms of child labour. Schools must be made available, primary
education
should be compulsory and an effective system to monitor and enforce
school
attendance must be put in place.
Unions can work with teacher's organizations to promote
quality free basic education as a means of preventing child labour.
Some unions
have included education for children in their programmes of action.
This has
not been done to take over government responsibilities but to
demonstrate that
is is possible to provide education and to use education as an issue to
mobilize the community. Rehabilitation
through the provision of support
services
To simply remove children from the workplace is not
enough. Without alternatives, children may participate in even more
hazardous
work.
Leaving work must be accompanied by rehabilitation. Some
children may be able to be integrated into the school system, others
may need
special centres which provide services such as shelter, health care,
nutrition,
vocational training, recreational activities and intensive counselling.
Some
unions have become directly involved in the provision of these services
themselves. This is a short term solution because these sort of
services should
be provided by the government or large voluntary agencies with adequate
experience and resources.
Promotion
of income-generating opportunities for
families
Many children are forced to work in order to supplement
the family income. In many instances therefore removing children from
either
full-time or part-time work must be combined with alternative
income-earning
opportunities for their families. Unions can work with civic groups to
develop
such income-generating schemes for the benefit of those families who
have lost
income because the child is no longer working. Encouraging and
supporting this
type of activity is one way in which trade unions can give direct
support to
working children.
Collective bargaining is at the core of union activity.
It should be seen as one of the main union strategies to combat child
labour.
Collective bargaining can take place, or be encouraged,
at many levels: local, national, regional and international. The
international
level is particularly important these days because globalization has
created a
situation where multinational companies exert enormous power over both
governments and markets. In some sectors, multinational companies now
use very
complex subcontracting arrangements to supply their products. In
response
unions are seeking negotiations at the
international level.
One form of international-level negotiations involves
codes of conducts for companies. The codes state the company's position
on
human rights issues such as child labour, forced labour, freedom of
association
and non-discrimination in the workplace.
In many cases these codes are voluntarily adopted by
companies. But too often these voluntary codes are simply public
relation
exercises and, according to international labour organizations have
many
problems associated with their effectiveness. The content of the codes,
for
example, may not include the right for workers to join unions. They may
not be
based on internationally recognized
standards. They may not cover important sectors of workers, such as
home
workers which are engaged by subcontractors. And,
crucially, they may not include provisions for how
the code will be
implemented or be independently monitored.
For these reasons one of the international labour
movement's strategies has been to push for negotiated codes of conduct.
The
negotiations are aimed at addressing problems such as worker coverage,
implementation,
and monitoring (or "auditing" as it is sometimes called). These
negotiated codes can come in the form of "framework agreements"
between a global union federation and a multinational company or
international
employers organization. Framework agreements do not substitute in any
way for
local or national collective bargaining. They can best be seen as
expanding the
space in which local or national unions can organize and bargain. This
space to
negotiate has been shrinking in the past few years as many companies
and
governments work to diminish the power of unions.
The negotiated codes of labour practice and framework
agreements are based on ILO core labour standards. Almost all framework
agreements make specific reference to child labour and a commitment by
companies to eliminate it. Social clause and social
labelling
In addition to negotiated codes of conduct and framework
agreements the labour movement also advocates two other developments:
the
social clause and social labelling.
The social clause would involve governments taking action
through trade agreements in order to establish a link between trade
agreements
and minimum labour standards. This would be done by inserting clauses
that are
concerned with 'social standards' - or labour standards - into
international
trade agreements. These social standards would be based on core
conventions of
the ILO and so the social clause would include child labour as one of
the main
issues. In principle, this would mean that countries which persistently
breach
the core standards would have the social clause of trade agreements
invoked
against them and lose access to markets. This would be done through a
procedure
which would involve the World Trade Organization and the ILO.
Social labelling involves putting labels on products
which provide information about the social conditions under which a
product is
made, or whether the production process respected environmentally
sustainable
development. This type of labelling helps consumers to discriminate in
favour
of certain products. An example of a successful labelling programme is
RUGMARK.
The RUGMARK label guarantees that a carpet was not woven by a child.
The
programme has a vigorous monitoring scheme.
Negotiating provisions against child labour is crucial at
the local and national level. These provisions include traditional
union
demands and specific articles dealing with child labour.
The traditional bargaining programmes of unions can be
particularly important in fighting child labour. For example, by
promoting a
living wage, unions can reduce the dependence of poor families on
income earned
by their children. Also, by bargaining to abolish the piece-rate or
task system
and replace it with an hourly or daily wage system, trade unions can
remove the
reason for needing the extra hands of children.
Contract provisions which address specifically child
labour include: Direct employment stipulations
These include agreements that the entreprise will not
employ any child below the minimum age set in national legislation or
the
relevant ILO standard. Indirect employment guidelines
Agreements should include provisions that the entreprise
will insert a clause in all its contracts with suppliers or
subcontractors that
they will not use child labour. The agreement should include a
monitoring
system because the union may not have members working for the suppliers
and
subcontractors who could play a watchdog
function. Monitoring and trade union involvement
Unions should seek formal agreement about monitoring the
implementation of contract clauses concerning child labour. Sponsorship of schools
Unions could negotiate for the employer to support or
provide schooling for workers' children, especially where public
schools are
not available or accessible. In other situations, negotiations could be
aimed
at the provision of non-formal education for former child workers.
Agreement could be reached with employers to sponsor
rehabilitation schemes for child labourers who have been taken our of
work.
Schemes could include ensuring the re-integration of the child into
school or
into vocational training or apprenticeship programmes. This agreement
might
also include creating employment for their parents.
Because of efforts by organizations such as the ILO,
unions, employer associations and others the problem of child labour in
the
world has improved in the past few years. Between 2000 and 2004 (the
latest
figures available) the number of child labourers dropped by 11 per
cent. The
decline was much greater in hazardous work: by 26 per cent in the 5-17
age
group and 33 per cent for 5 to 14 year olds. The global picture which
emerges
is highly encouraging: Child work is declining and the more harmful the
work and
the more vulnerable the children involved, the faster the decline.
However the improved situation should not encourage
complacency. In 2004 there were still an estimated 218 million children
trapped
in child labour, of whom 126 million were in hazardous work. There is
much more
work to be done. But the improvement does show that if governments,
unions and
employer organizations work together in a tripartite fashion child
labour,
especially its worst forms, can be substantially reduced and eventually
eliminated. Discussion
questions 1.
How could international
labour standards be used in the struggle to eliminate child labour in
the
world? Resources Contacts Bureau for Workers'
Activities (ACTRAV), International Labour Organization, Geneva. The Bureau operates an
extensive programme on child labour
Programme for Workers'
Activities (ACTRAV-Turin) at the ILO's International
Training Centre, Turin, Italy
The ILO's International
Programme on the Elimination of Child Labour (IPEC).
Standards and Fundamental
Principles and Rights at Work Programme at the ILO's International Training
Centre, Turin, Italy
Trade
Unions and Child Labour: Children out of work and into school. Adults
into
Work. (2000),
Published by the Bureau for Workers' Activities (ACTRAV), International
Labour
Organization, Geneva. This publication was used
extensively in the preparation of this document. It consists of a
series of
booklets with basic information, lesson plans, model clauses, union
examples
and discussion questions. The booklets include:
SCREAM
- Stop child labour. Supporting children's rights through education,
the arts
and the media
(2002). Published by the
International Labour Organization, International Programme on the
elimination
of child labour (IPEC). SCREAM stands for Supporting Children's Rights
through
Education, the Arts and the Media. A series of booklets. Child
labour briefing material
(2000) Published by the
International Training Centre of the ILO and the ILO's International
Programme
on the on the Elimination of Child Labour (IPEC)
Published by the
International Training Centre of the International Labour Organization The End of Child
Labour:
Within Reach Global Report under the
Follow-up to the ILO Declaration on Fundamental Principles and Rights
at Work
2006 International Labour
Conference, 95th Session 2006, Report I (B) http://www.oit.org/public/english/standards/relm/ilc/ilc95/pdf/rep-i-b.pdf
Bureau for Workers'
Activities (ACTRAV), International Labour Organization, Geneva. Child labour section:
http://www.ilo.org/public/english/dialogue/actrav/genact/child/index.htm Standards and Fundamental
Principles and Rights at Work Programme at the ILO's International Training
Centre, Turin, Italy Child labour section: http://training.itcilo.org/ils/ils_childlabour/childlabour_activities.htm ILO Website> Themes>
Child Labour http://www.ilo.org/global/Themes/Child_Labour/lang--en/index.htm International Programme
for the Elimination of Child Labour (IPEC) http://www.ilo.org/public/english/standards/ipec/index.htm Declaration
on Fundamental Principles and Rights at Work> Issues> Child Labour
http://www.ilo.org/public/english/standards/norm/subject/child.htm
http://www.ilo.org/public/english/dialogue/actrav/genact/child/index.htm
Media ILO Clip on child
labour http://www.ilo.org/public/english/bureau/inf/wdacl/index.htm Child
Labour: The Problem. The Response. CD-ROMS produced by ILO's
International Programme on the on the Elimination of Child Labour (IPEC) |