ILO and Child Labour:
Analysing the Effectiveness International
Programme for the Elimination of Child Labour
Master Thesis
LLM European and International Labour Law Master 2014-2015 Maria de Jong,
Chapter I. Introduction ... 7
Chapter II. The Prohibition of Child Labour under ILO’s International Legal Framework ... 10
2.1 Forms and Definitions ... 11
2.1.1 Legal Definitions found in International Legal Instruments ... 11
2.1.2 Prohibition of Child Labour as a Peremptory Norm under International Law ... 12
2.2 ILO Conventions Concerning Child Labour ... 13
2.e Conclusion ... 20
Chapter III What is ILO’s International Programme me me on Elimination of Child Labour? ... 22
3.1 Examining the Functioning of the IPEC ... 22
3.1.1 The Institutional Framework ... 23
3.1.2 Strategies of IPEC ... 27
3.1.3 Main areas of Focus ... 29
3.2 Case-study: IPEC’s involvement in the Sialkot Football Production ... 31
Chapter IV Analysing IPEC’s strategy and effectiveness ... 35
4.1 Factors Contributing to Success: the ILO’s integrated approach ... 35
4.1.1 IPEC in a Broader Context of ILO Action ... 39
4.1.2 Limits to IPEC’s Effectiveness ... 41
4.3 Conclusion ... 42
BIBLIOGRAPHY
ARTICLES:
Blagbrough, 'Eliminating The Worst Forms Of Child Labour – A New International Standard' (1997) 5 The International Journal of Children's Rights.
David Doorey, 'Who Made That?: Influencing Foreign Labour Through Reflexive Domestic Disclosure Regulaton' (2005) 43 Osgoode Hall Law Journal.
David M. Trubek, Jim Mosher and Jeffrey S. Rothstein, 'Transnationalism In The Regulation Of Labor Relations: International Regimes And Transnational Advocacy Networks' (2000) 25 Law & Social Inquiry.
Davuluri Venkateswarlu, 'Child Labour And Trans-National Seed Companies In Hybrid Cottonseed Production In Adhra Pradesh' (2015).
Denis Wright, 'Child Labour In Bangladesh: Recent Trends And Labour Standards' (2003) 26 South Asia: Journal of South Asian Studies.
Gilliam MacNaughton and Diane F. Frey, 'A Holistic Approach To Regulating Decent Work' [2010] ILO Conference Regulating for decent work: innovative regulation as a response to globalization.
Gunther Teubner, 'Substantive And Reflexive Elements In Modern Law' (1983) 17 Law & Society Review.
Heather Congdon Fors, 'CHILD LABOUR: A REVIEW OF RECENT THEORY AND EVIDENCE WITH POLICY IMPLICATIONS' (2010) 26 Journal of Economic Surveys. Joost Kooijmans, 'THE ILO AND ITS WORK AGAINST CHILD LABOUR: THE
NORMATIVE FRAMEWORK AND RECENT PROGRESS' (2007) 14 Tilburg Law Review. Kevin Kolben, 'Towards An Integrative Theory Of Transnational Labor Regulation' [2009] Regulating Decent Work Conference.
Leslie Groves *, 'Implementing ILO Child Labour Convention 182: Lessons From The Gold-Mining Sector In Burkina Faso' (2005) 15 Development in Practice.
Madeleine Grey Bullard, 'Child Labour Prohibitions Are Universal, Binding, And Obligatory Law: The Evolving State Of Customary International Law Concerning He Unempowered Child Laborer' (2001) 24 Houston Journal of International Law.
Roger Blanpain, 'THE GLOBALISATION OF LABOUR STANDARDS: THE SOFT LAW TRACK 1' (2007) 14 Tilburg Law Review.
Sehr Hussain-Khaliq, 'Eliminating Child Labour From The Sialkot Soccer Ball Industry' (2004) 2004 Journal of Corporate Citizenship.
Virginia E. Harper Ho, 'Of Enterprise Principles & Corporate Groups: Does Corporate Law Reach Human Rights?' SSRN Electronic Journal.
BOOKS:
Bercusson B and Estlund C, Regulating Labour In The Wake Of Globalisation (Hart Pub 2008)
Buck Trevor, 'Child Labour' (3rd edn, 2014).
Franziska Humbert, The Challenge Of Child Labour In International Law (Cambridge University Press 2009).
Giuseppe Nesi, Luca Nogler and Marco Pertile, Child Labour In A Globalized
World (Ashgate 2008).
Holly Cullen, The Role Of International Law In The Elimination Of Child Labor (Martinus Nijhoff Publishers 2007).
John D. R Craig and Michael Lynk, Globalization And The Future Of Labour
Law (Cambridge University Press 2006).
Vasudha Chhotray and Gerry Stroker, Governance Theory: A Cross-Disciplinary
Approach (Palgrave 2009).
REPORTS:
Augendra Bhukuth, 'Defining Child Labour: A Controversial Debate' (2008) 18 Development in Practice.
ILO, 'Accelerating Action Against Child Labour:Global Report Under The Follow-Up To The ILO Declaration On Fundamental Principles And Rights At Work 2010' (2010). ILO, 'Action Research On The Integrated Area Based Approach And Child Labour Monitoring Systems In Rakai District, Uganda' (2011).
ILO, 'Ending Child Labour In Domestic Work And Protecting Young Workers From Abusive Working Conditions' (Geneva 2013).
ILO, 'ILO-IPEC's Strategies And Priorities For Addressing Child Labour And Its Resource Needs' (2013).
ILO, 'IPEC Action Against Child Labour 2010-2011: Progress And Future Priorities' (2012).
ILO, 'IPEC Action Against Child Labour 2012-2013: Progress And Future Priorities' (2015).
ILO, 'Making Progress Against Child Labour: Global Estimates And Trends 2000-2012' (2013).
ILO, 'Tackling Child Labour: From Commitment To Action' (2012).
ILO, 'The Hague Global Child Labour Conference 2010 Towards A World Without Child Labour Mapping The Road To 2016' (2010).
ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour' (2013).
International Labor Rights Forum, 'Missed The Goal For Workers: The Reality Of Soccer Ball Stitchers In Pakistan, India, China And Thailand' (2010).
Jonathan Potter, 'Making Local Strategies Work: Building The Evidence Base' (2008). SOMO, 'Child Labour In The Textile And Garment Industry: Focus On The Role Of Buying Companies' (2014).
TREATIES:
'Follow-Up To The ILO Declaration On Fundamental Principles And Rights At Work: Priorities And Action Plans For Technical Cooperation', Committee on Technical
Cooperation (International Labour Office 2000).
III Global Conference on Child Labour - Brasilia Declaration on Child Labour (adopted 10 October 2013)
ILO Convention Medical Examination of Young Persons (Industry) Convention No. 77 ( Adopted 9 October 1946, entered into forc 29 December 1950)
ILO Convention Medical Examination of Young Persons (Non-Industrial Occupations) Convention No. 79 (Adopted 9 October 1950, entered into force 1950)
ILO Convention Night Work of Young Persons (Industry) Convention No 90 ( Adopted 10 July 1948, entered into force 12 June 1951)
ILO Convention Night Work of Young Persons (Non-Industrial Occupations No. 79 (Adopted 9 October 1946, entered into force 29 December 1950)
ILO Forced Labour Convention No. 29 (Adopted 28 June 1930, entered into force 1 May1932)
ILO Minimum Age Conventin No. 138(Adopted 26 June 1873, entered into force 19 June 1976)
ILO Worst Forms of Child Labour Convention No. 182 (Adopted 17 June 1999, entered into force 19 Novembe 2000)
Chapter I. Introduction
“My only aim in life is that every child is free to be a child, - free to grow and develop,
- free to eat, sleep, see daylight, - free to laugh and cry,
- free to play and learn,
if you prefer a different - free to go to school, and above all, - free to dream.”1
Kailash Satyarthi
In 2014, Indian activist Kailash Satyarthi received the Nobel Peace Prize for his peaceful struggle to stop children from being exploited as labour and ensure their school attendance, and for his contributions to development of international conventions of the rights of children. Without any doubt has this inauguration instigated more individuals to reflect on these issues, and we can only hope that Kailash Satyarthi will be an inspiration for all of us.
Child labour is not a new phenomenon and although occasionally child labour issues in the developing world is mentioned in the media, nearly not enough attention is paid to this universal human right violation. In 2013, the International Labour Organisation (ILO) estimated 168 million children to be actively involved in child labour, with more than half of the children executing hazardous work.2 While it is true that the number of child labourers and unschooled children has significantly dropped over the past decades, there is a clear insufficiency of national and international efforts. I strongly agree with Kailash Satyarthi, that it is unacceptable to believe that the world is incapable to combat child labour when one week of global military expenditure could bring all children to schools and that all the available constitutions and treaties are unable to protect children.3
1
http://kailashsatyarthi.net/images/Nobel-Acceptance-Lecture-by-Kailash-Satyarthi.pdf
2
ILO, 'Accelerating Action Against Child Labour: Global Report Under The Follow-Up To The ILO Declaration On
2
ILO, 'Accelerating Action Against Child Labour: Global Report Under The Follow-Up To The ILO Declaration On Fundamental Principles And Rights At Work 2010' (2010),19.
Child labour is indeed an extremely complex issue, and that is also the reason why it is still such a prominent problem in a big of the developing world. The most evident explanation for child labour is poverty. Yet, it is often not the only explanation and other economic, structural, governmental, moral, social, cultural and ethical factors ought to be taken into account.4 More importantly, elimination of child labour and the improvement of their welfare needs to be in synch with improvements of the labour market as a whole and adjustments in the national microeconomics. For instance if child labour is being eradicated from factories without proper rehabilitation through schooling and trainings, children’s remaining options would involve hazardous activities in the informal economy. As a result, the vicious cycle of child labour and non-schooling continues, and becomes even harder to eradicate.
The contemporary movement against child labour began in 1980s, when western media started to compare child labour in the developing countries to the use of children during the Western Industrial Revolution.5 Having said that, the ILO’s involvement with child labour dates back to the beginning of the last century. Its first convention concerning child labour originated from 1919, making it the first international organisation adopting binding rules on child labour. ILO’s earlier conventions were sector-specific, and had more in common with current national legislations concerning labour standards, and greatly differ from the later ILO
instruments.6 Over the last century, ILO greatly advanced in providing legal
protection of children at the work place through its numerous conventions and other soft law instruments.
ILO’s efforts can ben characterized as a top-down approach in the elimination of child labour, attempting to set rather generalized and imprecise standards that will further be implemented into national legislations in a more country-specific manner. However, one of the major criticisms of public international law lies in its lack of enforceability of provisions found in international treaties, based on the debate between universality and cultural relativism.7 International law provisions set rather abstract international standards and expectations for all states, while trying not to
4
Buck Trevor, 'Child Labour' (3rd edn, 2014), 227.
5
Giuseppe Nesi, Luca Nogler and Marco Pertile, Child Labour In A Globalized World (Ashgate 2008),12.
6 Holly Cullen, The Role Of International Law In The Elimination Of Child Labor (Martinus Nijhoff Publishers 2007),15. 7 Franziska Humbert, The Challenge Of Child Labour In International Law (Cambridge University Press 2009), p. 20.
infringe state sovereignty so not to avert ratifications. Drafters always have to be cautious with imposing too much on state autonomy and sovereignty, and therefore omit from providing tools of enforceability. Yet, this is not surprising since international conventions are signed by divers groups of countries, which all have different governance practices, legal systems and cultures. It is up to national legislations to implement mechanisms for enforcement that are the most efficient for their nation-states.
However, the states where child labour is most prevalent are developing countries, often with underdeveloped economic, political and social security systems, poor infrastructures and insufficient number educational institutions. On top of that, many efforts to combat child labour are being slowed down by high rates of corruption and socio-cultural predisposition towards the use of children in the economy from an early age.
In order to go further than mere standard-setting and assist states with implementation, in 1992 the ILO created a unique technical cooperation mechanism; the International Programme for the Elimination of Child Labour (IPEC). This programme marked an important contribution towards the eradication of child labour,
being the largest single programme within the ILO.8 One of the ILO’s advantages is
its tripartite structure that involves workers, governments and social partners during the process of formulations of standards. Additionally, although ILO has proclaimed itself to have a special mandate in the elimination of child labour, it has formed significant partnerships with other international organisations dealing with child labour and children’s rights. All these factors have been claimed to contribute to IPEC’s success in assisting states to implement international labour standards.
This paper will answer the question of what makes IPEC’s approach an effective tool for the elimination of child labour. It will pay particular attention to ILO’s integrated approach to child labour, and its use of multi-dimensional means through inter-agency cooperation. Particular emphasis will be put the benefits of a top-down approach, and the benefits of approaching child labour through international law. Chapter II will commence by providing a definition of child labour under international
law, and elaborate on how child labour is restricted under the relevant ILO conventions. Chapter III will explain how ILO’s legal framework is being implemented through a technical cooperation programme. It will throw light on IPEC’s institutional framework, its strategies and main areas and relate them to ILO’s theoretical framework. Particular attention will be given to IPEC’s best-known success story, namely it’s involvement in Pakistan’s football industry in Sialkot. This case-study will explain how ILO succeeded in eliminating child labour from that particular region through its holistic approach. Chapter IV will firstly analyse factors contributing to successful implementation of ILO’s international provisions founds in its treaties through IPEC. In doing so, it will be demonstrated that IPEC’s strategy goes in line with ILO’s trend of applying the integrated approach. Additionally, the growing use of the integrated approached will be exemplified with practices by the UN and the EU. And lastly, this chapter will throw light on the limits and shortcomings to IPEC’s effectiveness and possible areas of improvement.
Chapter II. The Prohibition of Child Labour
under ILO’s International Legal Framework
In order to understand the functioning of IPEC, it is foremost important to comprehend the current legal protection of children against child labour under public international law. This chapter will commence by explaining the theoretical perspective of child labour abolition process, by explaining international laws protecting children of child labour. Section 2.2 will introduce the different legal definitions of child labour and argue for its classification as a peremptory norm under international law. Section 2.3 will elaborate forward how child labour is being protected by the ILO through its numerous conventions and how they form a legal basis for the IPEC.
2.1 Forms and Definitions
2.1.1 Legal Definitions found in International Legal Instruments
ILO Defintion
In its definition on child labour, the ILO uses the System of National Accounts9, which is determined by economic activity terms. Accordingly, economic activity involves paid work as a result of production for the market economy, and certain types of domestic chores. The definition of child labour encompasses unpaid activities, as well as activities executed for market production. Moreover, if a child is involved in market production, s/he can be still economically active even if s/he executes unpaid work outside the family’s household. A child working as a servant is thus economically active if s/he generates income, even if the child does not directly benefit from this income. Children are however not accounted for as active on the market when they execute housework, such as domestic tasks and chores. From this economic definition it becomes clear that the generation of income is a detrimental factor in defining “work”.10
The 1989 Convention on the Rights of the Child.
As of 2015, the UN Convention on the Rights of the Child has been ratified by 195 countries and only signed by the USA and Somalia. According to Article 1 of the Convention a child is “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”11. Consequently, Article 32 explicitly refers to the protection against child labour:
“1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:
9
http://www.ilo.org/wcmsp5/groups/public/---dgreports/---stat/documents/publication/wcms_087915.pdf
10 Augendra Bhukuth, 'Defining Child Labour: A Controversial Debate' (2008) 18 Development in Practice, p 3. 11 UN Convention on the Rights of Child (1989), Art. 1
(a) Provide for a minimum age or minimum ages for admission to
employment;
(b) Provide for appropriate regulation of the hours and conditions of
employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.”12
States have an obligation to enforce the rights found in the Convention. For instance, Article 4 requires member states to undertake the appropriate measures, with particular attention to economic, social and cultural rights. In respect to these rights, states ought to “undertake such measures to the maximum extent of their available
resources and, where needed, within the framework of international co-operation”13.
Moreover, if a violation has nevertheless taken place, states are obliged to provide measures for recovery and social integration of a child.14
2.1.2 Prohibition of Child Labour as a Peremptory Norm under International Law
Under Article 53 of the Vienna Convention on the Law of Treaties, a peremptory norm (jus cogens) Is a “norm accepted and recognized by the international
community of States as a whole as a norm from which no derogation is permitted”15.
According to the International Law Committee jus cogens norms include prohibition of genocide, slavery, piracy, unlawful use of force and violation of human rights treaties.16
The prohibition of slavery has long been recognized as a peremptory norm. It is prohibited by numerous international conventions, such as he Supplementary Convention on the Abolition of Slavery, the ICCPR, ICESCR, CRC, ILO Conventions
No. 29, 105, 138 and 182.17 As exploitative child labour is considered to be a modern
12
UN Convention on the Rights of Child (1989), Art. 32
13 UN Convention on the Rights of Child (1989), Art. 4 14 UN Convention on the Rights of Child (1989), Art. 39 15 Vienna Convention on the Law of Treaties (1969) Art. 53 16
Madeleine Grey Bullard, 'Child Labour Prohibitions Are Universal, Binding, And Obligatory Law: The Evolving State Of Customary International Law Concerning He Unempowered Child Laborer' (2001) 24 Houston Journal of International Law , 30.
17
form of slavery, as defined by the ILO and UNICEF, it can be ascertained that the prohibition of child labour is jus cogens norm.
The same principle applies to interpreting child labour in the light of the prohibition of torture. The Convention Against Torture and Other Cruel, Inhuman or Degrading treatment defines torture as “act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as [..] intimidating or coercing”18. Notwithstanding the cruel conditions children in developing countries are faced with in real life situations, child labour has been scientifically proven to harm the individual from both physiological and psychological perspectives. If child labour is physically and psychologically harmful for children, and they are not disposing of the right position to avoid being coerced or intimidated due to their age, child labour falls under the definition of torture. Therefore, we can affirm that there is more than enough evidence to categorize child labour as a peremptory norm under public international law.19 This classification underlines the importance of eradicating child labour, and most importantly, the need to go beyond the provisions of international conventions and calls for cooperation.
2.2 ILO Conventions Concerning Child Labour
Convention concerning Forced or Compulsory Labour No. 29
The ILO Convention on Forced Labour has been passed in 1930 and has been signed by 177 states as of 2015. This convention is fundamental to the functioning of the ILO, as it incorporates one of the four core labour standards as provided in the ILO Declaration on the Fundamental Principles and Rights at Work of 1998.20 Its Article 2 defines forced or compulsory labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person had not offered himself voluntarily”21. Member states are obliged to forbid the imposition
18 The UN Torture Convetion (1984), Art. 1.
19 Madeleine Grey Bullard, 'Child Labour Prohibitions Are Universal, Binding, And Obligatory Law: The Evolving
State Of Customary International Law Concerning He Unempowered Child Laborer' (2001) 24 Houston Journal of International Law, at 10.
20
'Follow-Up To The ILO Declaration On Fundamental Principles And Rights At Work: Priorities And Action Plans For Technical Cooperation', Committee on Technical Cooperation (International Labour Office 2000).
of forced or compulsory labour in their territories by private parties according to Articles 4 and 5. Thus, the obligations imposed on states found in this convention have a horizontal effect.
Under Article 25, the use of forced labour ought to be condemned by national penal laws, and states are under a legal obligation to strictly enforce these laws. According to the ILO, due to their underdeveloped nature, children are particularly vulnerable to be subjected to forced labour. Children are completely dependent on their adult-surroundings and often do not know of the possibility of a better life. As previously stated, “the proscription of slavery and slavery-like systems such as forced labour is a peremptory norm in international law, allowing no derogations”22
As the definition found in Article 1 requires both coercion and involuntariness, it is questionable how to measure the latter factor. Can a child voluntarily accept work? Is parental consent needed, or even allowed for the child to execute labour? The ILO is of the opinion that theoretically, all child labour is involuntary because children are too dependent on their adult environment and by definition are not able to give free consent.23 Their dependence on the parent(s) is both de facto and de
jure, and therefore parental consent is required. However, Article 3 of the UN
Convention on the Rights of Children requests the state and its institutions to take the best interests in the child as a primary consideration.24 In line with this reasoning, the state cannot accept parental consent as a justification for exploitative child labour as it is evidently against the child’s best interests. Therefore, all exploitative child labour falls under the scope of forced and compulsory labour condemned by this convention.25 It needs to be pointed out that parental consent is one of the most important obstacles to child labour. Evidently, children are being encouraged by their parents to help out their household. This is both the result of the dreadful economic situation the household is suffering from, as well as the lack of employment, minimum social security systems and a child-labour tolerating culture.
22
ILO, Stopping Forced Labour, Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work Barcelona Traction, Light and Power Co. Ltd. (Second Phase) (Belgium v. Spain), 1970, International Court of Justice Reports, 3, 32 and 304 (5 Feb.), separate opinion by Justice Ammon; see also Vienna Convention on the Law of Treaties (1969), art. 53
23
Franziska Humbert, The Challenge Of Child Labour In International Law (Cambridge University Press 2009), 84.
24 UN Convention on the Rights of Child (1989), Art 3.
Convention on the Abolition of Forced Labour No. 105
The Convention on the Abolition of Forced Labour was adopted in 1957 and as of today has been ratified by 174 states. This convention is supposed to supplement Convention No. 29, which is one of the reasons it utilized the definition of forced and compulsory child labour found in No. 29 Convention. Article 1 provides the particular cases where state ought to forbid and restrain themselves from the use of compulsory labour:
(a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;
(b) as a method of mobilising and using labour for purposes of economic development;
(c) as a means of labour discipline;
(d) as a punishment for having participated in strikes;
(e) as a means of racial, social, national or religious discrimination.
The second mobilizing factor- that of using labour for purposes of economic development- is particularly relevant to the issue of child labour. As previously mentioned, child labour is a direct consequence of poverty and economic underdevelopment. However, the scope of this particular provision should be limited in respect to child labour. According to the Committee of Experts, it applies only if one can prove that forced or compulsory child labour is used repetitively and for
economic ends.26
It needs to be stressed that Article 2 stipulates two obligations on the state. The first obligation is that the state should not make use of force labour itself nor let it happen on its territory. The second obligation is to abolish the use of forced labour under national laws by both private persons and governmental entities.
Conventions On Work and Employment Conditions
The ILO has a number of important conventions related to the conditions of work and employment that are relevant to child labour. Most of the provisions are straight forward, but need to be mentioned nevertheless. The existence of international
26 http://www.ilo.org/public/english/standards/relm/ilc/ilc96/pdf/rep-iii-1b. pdf
standards concerning rather technical obligations is crucial in order to have a comprehensive set of laws setting the limits.
The 1946 Night Work of Young Persons in Non-Industrial Occupations No. 79 sets age-limits and restrictions on the hours a child is allowed to execute non-industrial work.27
The 1948 Night Work of Young Persons in Industrial Occupations No. 90 forbids children under 18 to execute industrial night work, unless it is for the purpose of authorized apprenticeship.28
The 1946 Conventions on Medical Examination of Young Persons in Industry (No. 77) and in Non-Industrial Occupations (No. 78) forbid employers to recruit children
under 18 without prior medical examination by a qualified physician.29
Convention concerning Minimum Age for Admission to Employment No. 138
Convention on Minimum Age No. 138 entered into force in 1976 and has been ratified by 168 states as of 2015.30 The aim of this document is to eventually abolish all forms of child labour. However, it takes into account the divers levels of economic development of the signatory states, and provides for a flexible and a dynamic approach. For instance, Article 1 provides for a progressive elevation of the minimum age for admission to employment. Which is also the reason for the absence of the definition of ‘child labour’.
While the main aim is to set minimum age standards, we notice that the convention refers to various age limits, providing numerous exceptions. Following Article 2(3), the minimum age should not be less than 15 and not less than the age
of completion of compulsory education.31 Moreover, in case of economic and
educational underdevelopment Article 2(4) provides for a transitional measure; upon consultation with the relevant employers’ and workers’ organisations the minimum 27http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312224 28 http://www.ilo.org/dyn/normlex/fr/f?p=NORMLEXPUB:55:0::NO::P55_TYPE,P55_LANG,P55_DOCUMENT,P55 _NODE:REV,en,C090,%2FDocumen t 29
ILO Convention Medical Examination of Young Persons (Industry) Convention No. 77 ( Adopted 9 October 1946, entered into forc 29 December 1950)
ILO Convention Medical Examination of Young Persons (Non-Industrial Occupations) Convention No. 78 (Adopted 9 October 1950, entered into force 1950)
30http://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO:11300:P11300_INSTRUMENT_ID:312283 31 ILO Minimum Age Conventin No. 138(Adopted 26 June 1873, entered into force 19 June 1976) Art. 2.3.
age could be decreased to 14 years.32 This Convention’s dynamic approach is also reflected in its reference to compulsory education, since it is a crucial element for long-term economic development and the elimination of child labour.
The Convention also distinguishes between hazardous and light work. Article 3 stipulates “[t]he minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons shall not be less than 18 years”33 This article should be read in light of the idea that not only the work but also
the circumstances and the environment might be harmful to a child’s development.34
What kind of work would fall under this category will be determined by national standards and implemented into laws and regulations.35 Again, this determination requires states to initiate social dialogue with employers’ and workers’ organisations. Recommendation No. 146 provides guidelines to determine hazardous working conditions: “full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes (including
inonising radiation), the lifting of heavy weights and underground work” 36.
Interestingly, Article 3(3) allows for a lower minimum age of 16 if the health, safety
and moral of young workers are protected and they are given proper instructions.37
In respect to work that will not jeopardise health, safety and morals of the child, states are provided with the possibility to include categories that will be excluded from the convention’s application pursuant to Article 4(1). The reasoning behind this provision was based on the existence of homeworkers. While abuses might still arise in this context, it is extremely difficult to enforce these laws and monitor its compliance in private households. Here we see a contrast between theory and practice: while the convention ought to be applicable to all forms of employment, in reality it excludes domestic work and focuses on paid employment. While developing
32
ILO Minimum Age Conventin No. 138(Adopted 26 June 1873, entered into force 19 June 1976) Art. 2(4).
33
ILO Minimum Age Conventin No. 138(Adopted 26 June 1873, entered into force 19 June 1976) Art. 3.1.
34 the Challenge of Child Labour p. 90
35 ILO Minimum Age Conventin No. 138(Adopted 26 June 1873, entered into force 19 June 1976) Art. 3(2) 36 ILO Minimum Age Conventin No. 138(Adopted 26 June 1873, entered into force 19 June 1976) Art. 9.
countries are given the possibility to limit the scope of the convention under Article 5(1), there is a number of industries where derogation is not possible:
“ mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers.”
While the ILO provides that states should determine their own criteria for hazardous work, it simultaneously provides for its own interpretation of industries that most likely provide for hazardous working conditions.
Article 7 distinguishes between an another category of work; namely that of light work which is “not likely to be harmful to [child’s] development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes [..]”38 Like for the other types of work, it is up to the national authorities to determine what falls under this category, and how many hours a child is allowed to execute such work. This type of work falls under work that UNICEF and ILO perceive as beneficial to a child’s development.39 Generally, light work would include a child’s assistance in a family business or a work after outside school hours
to earn some pocket money..While the general age to execute light work is from 13
to 15, Article 7(4) permits lowering the age limit to 12. This aspect has been largely criticized by developing countries, as it strictly prohibits any execution of light work under the age of 12. In developing countries, majority of the household rely on the help of children and restricting the age to 12 appears to be contrary to what happens in reality.
Under Article 9, states are under three specific obligations to enforce the convention. First of all, there is emphasis on insufficient character of penalties with the requirement to take all necessary measures by the competent authorities. Secondly, national legislation needs to designate specific persons held responsible
38
ILO Minimum Age Conventin No. 138(Adopted 26 June 1873, entered into force 19 June 1976) Art. 7(1)
for compliance with the provisions. And lastly, national legislation should require employers to keep records of their employees’ names and ages who are under 18.
Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour No. 182
Convention No. 182 came into force in 2000, and as of today 179 states have ratified it. While this Convention has many similarities with Convention No. 138, it emphasizes the global consensus on the need to abolish the most intolerable forms of child labour. While, Convention No. 138 referred to all work done by children and stressed upon the distinction between child work and child labour, Convention No. 182 focuses more on the worst forms of child labour. Article 3 defines worst forms of child labour:
“(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.”40
In contrast to Convention No. 138, this Convention does not provide for any industry-specific exception with respect to worst forms of child labour. While Convention No. 138 excludes from its scope light work that does not interfere with education, we notice that Convention No. 182 does not mention the exclusion from education as a characteristic to child labour.
In the same way as under Convention 138, it is up to the national authorities, upon consultation with employers’ and workers’ organisations to determine what
comprises the hazardous working conditions.41 Recommendation 190 provides for
guidance for this determination:
40
ILO Worst Forms of Child Labour Convention No. 182 (Adopted 17 June 1999, entered into force 19 November 2000), Art. 3
41 ILO Worst Forms of Child Labour Convention No. 182 (Adopted 17 June 1999, entered into force 19 November
(a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads;
(d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health;
(e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.”
Like with the Convention No. 138, States are obliged to implement and enforce the
convention through immediate measures, such as sanctions and penalties42. Article
7(2) provides for an important addition to this document, and requires to implements time-bound measures, such as social rehabilitation and re-integration programme under Article 7(2). Article 8 calls states for international cooperation by supporting each other through “social and economic development, poverty eradication
programme and universal education”43 More importantly, Article 5 requires states to
establish monitoring bodies in order to ensure proper implementation of the Convention.44
In sum, Convention No. 182 puts great emphasis on the existence of hazardous working conditions and various forms of child slavery and trafficking harming the child’s mental and physical development. In comparison with Convention No. 138, its scope of application is wider due to a minimal number of exceptions. Moreover, the Convention No. 182 advocates for a more precise procedure, including international cooperation.
2.e Conclusion
This chapter has enabled us to understand the legal framework around child labour under international law. While there are different forms of child labour, the most important factor to be taken into account is the generation of income as a result of a
42 ILO Worst Forms of Child Labour Convention No. 182 (Adopted 17 June 1999, entered into force 19 November
2000), Art. 7(1).
43
ILO Worst Forms of Child Labour Convention No. 182 (Adopted 17 June 1999, entered into force 19 November 2000), Art 8.
44 ILO Worst Forms of Child Labour Convention No. 182 (Adopted 17 June 1999, entered into force 19 November
child’s activities, regardless of whether the child is directly or indirectly involved in the market production. Child labour is forced labour under the numerous ILO conventions mentioned in this chapter. It needs to be stressed that child labour is by definition involuntary due to the de jure and de facto dependence on the adult-environment. Most importantly, child labour is a violation of such a great important that it can be classified as a jus cogens norm of international law from which states cannot derogate.
The elimination of child labour is not only a fundamental principle of the ILO 1998 Declaration, but it is also falls under a second fundamental principle, which is the abolition of compulsory and forced labour. We have established, that children executing labour fall under the definition of compulsory or forced labour as found in Convention No. 29, since it is questionable that children will voluntarily offer themselves to harmful physical and psychological conditions. In addition, Convention No. 105 elaborates on causes for the use of forced and compulsory labour. Child labour is particularly relevant, as children are being forced to work in order to serve purposes of economic development. These conventions all impose state obligations to abstain from child labour, impose strict regulations for both private and public entities and punish such offences.
The crucial aspect in determining who falls under the legal definition of child labour is regulated by Convention No. 138. The peculiarity of this convention lies in its flexible nature, taking into consideration various levels of economic development of the signatory states. It takes a rather realistic approach by not abolishing child labour all together, but by setting age minima, distinguishing between light and hazardous work and referring to education as a pivotal factor for development of the economical future and the child itself. The latest child labour related ILO Convention No. 182 maintains this flexibility, but focuses on the worst forms of child labour. However, it also serves a legal basis for the IPEC. It directly refers to time-bound measures in form of rehabilitation and re-integration and for monitoring bodies. Next chapter will further elaborate how IPEC implements the contents of Conventions 138 and 182 and the other relevant ILO conventions.
Chapter III What is ILO’s International Programme
me me on Elimination of Child Labour?
After having studied the theorectical bases of the legal protection of children against child labour abuses, this chapter will study the functioning of IPEC. Section 2 will explain the functioning of the IPEC. In doing so, especial attention will be brought to the numerous soft law documents that both lead to the creation of IPEC and demonstrate the support international community has for its existence. Moreover, it will elaborate on IPEC’s strategies and main areas of focus, showing how they integrate the ILO conventions mentions in the previous chapter. Section 3 will provide a case study of IPEC most successful involvement, and analyze IPEC’s strategy of eliminating child labour from the football making industry in the Pakistani Sialkot district. IPEC’s involvement not only directly improved the situation, but its presence in the region had also positive indirect impact on labour rights.
3.1 Examining the Functioning of the IPEC
IPEC was established in 1992 and is until today the largest technical cooperation programme on child labour.45 In 2012-2013, IPEC was present in 95 ILO member states (plus Kosovo) in order to provide technical assistance, and held operational
activities in 81 countries.46 IPEC programmes are financed through country
donations, mostly from developing countries.
Initially, IPEC consisted of country-based programmes. In such a case, IPEC designs an individual action programme for a specific country and focuses all its attention in attaining the set goals. One of the examples is IPEC’s initiative in the Pakistani Soccer Production Industry, which will be subject to analysis in this chapter. While these types of projects have evinced to be successful, their effectiveness is considered to be rather limited due to their small scope and size.47 Time bound programmes are more recent and are a direct result of the Convention on the Worst Forms of Child Labour No. 182. The Convention calls in its Articles 1
45
ILO, 'ILO-IPEC's Strategies And Priorities For Addressing Child Labour And Its Resource Needs' (2013).
46 http://www.ilo.org/ipec/programme me me/IPECinthefield/lang--en/index.htm
and 7 for time-bound measures for elimination of child labour as well as for the rehabilitation of children after detection. The first programme started as of 2002, and usually these programmes last on average for periods of 5 or 10 years. These programme often involve immediate, intermediate and long-term steps. Notably, these programme need to be fully and explicitly implemented into national
development plans.48 A crucial factor for success is national commitment. The main
difficulty lies in ensuring that these nationally implemented development plans do not cease to exist whenever IPEC’s project comes to an end. The main goal of this integrated approach is to ensure continuity to IPEC’s efforts and an enabling environment for national efforts.49
IPEC’s time bound programme also aim at assisting states in creating an enabling environment on the national level for other international institutions. Connecting a country to other international institutions will enable it to be held accountable, for instance for disrespecting or misusing funds destined at child labour elimination. Moreover, ILO provides that international action needs “to link the Time Bound Programme goal of eliminating the worst forms of child labour to the
Millennium Development Goals or Education for All targets, [since] so far progress in
mobilizing policy support for time bound programme at the international level has lagged behind mobilization at national level”50. In that respect, Hubert argues that by enabling cooperation with the WTO where it could permit certain trade measures in exchange to full elimination of labour rights violations, states would be more incentivized51
3.1.1 The Institutional Framework
IPEC strives for an integrated fundamental rights approach in its action against child
labour within the ILO’s Governance and Tripartism Department.52 Integrated
approach (sometimes also referred to as the holistic approach) integrates certain
48 http://www.ilo.org/public/english/standards/relm/ilc/ilc95/pdf/rep-i-b.pd f , p 86 49
ILO, 'IPEC Action Against Child Labour 2010-2011: Progress And Future Priorities' (2012), para. 159.
50
ILO, 'IPEC Action Against Child Labour 2010-2011: Progress And Future Priorities' (2012), para.162.
51 Franziska Humbert, The Challenge Of Child Labour In International Law (Cambridge University Press 2009), 84. 52 Franziska Humbert, The Challenge Of Child Labour In International Law (Cambridge University Press 2009), 100.
socio-economic rights into a civil and political rights document.53 Consequently, IPEC is founded on a number of divers documents and instruments. The IPEC based itself on thet fundamental ILO treaties: the Minimum Age Convention No. 138, the Worst Forms of Child Labour Convention No 182, follow-up, comments by the supervisory bodies and its Constitution. Plus, its functioning is based on provisions found in various soft-law documents and resolutions followed by numerous ILO conferences on child labour which will be further discussed in this chapter.
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow Up
The ILO Declaration on Fundamental Principles and Rights at Work was adapted in 1998.
While it is a soft-law document, its importance goes beyond its symbolism, as it has founded the base for the IPEC. The non-binding nature of this declaration is being stressed in Article 2, where it is pointed out that despite the fact that not all member states have signed all the ILO Conventions, their obligation to respect the fundamental rights found in these documents arises from the very fact of the ILO membership. Consequently, all member are obliged to respect the following fundamental rights: “freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect
of employment and occupation”54
Secondly, this document calls upon technical cooperation between the ILO and member states in order to realize the full implementation of the fundamental rights into national laws and practice.55 And lastly, the declaration introduces a promotional
Follow Up in its Article 4, providing for a new way of ILO core labour standard
implementation through technical cooperation.56 The Follow Up has a purely
53
John D. R Craig and Michael Lynk, Globalization And The Future Of Labour Law (Cambridge University Press 2006), 40.
54 'Follow-Up To The ILO Declaration On Fundamental Principles And Rights At Work: Priorities And Action Plans For
Technical Cooperation', Committee on Technical Cooperation (International Labour Office 2000), Art. 2.
55
'Follow-Up To The ILO Declaration On Fundamental Principles And Rights At Work: Priorities And Action Plans For Technical Cooperation', Committee on Technical Cooperation (International Labour Office 2000), Art 3.
56 'Follow-Up To The ILO Declaration On Fundamental Principles And Rights At Work: Priorities And Action Plans For
promotional nature, calling the ILO and states to identify potential areas in need for technical cooperation and assistance.in
These two aspects were however already existing practices of the ILO though its annual and global reports. The annual reports are issued based on Article 23 of the ILO Constitution, and require member states to elaborate on the annual legislative changes brought in line with the relevant ILO Conventions. Global reports are issued every four years and their aim is to inform on global situation concerning each particular core labour. The Follow up’s aim is thus to ensure that the areas where ILO’s technical assistance is most needed are well known to the global community. However, the practical side of technical assistance is covered by the IPEC, which will be discussed further in this chapter.
The 2012 International Labour Conference Resolution on Fundamental Principles at Work
International Labour Conference Resolutions are texts adopted after each yearly session. In its 2012 Resolution adopted after the 101st session, the ILO points out the lack of efficient institutions for enforcement of international core labour standards. It calls for governmental cooperation with employers’ and workers’ organisationsin respect to (forced) child labour and development of a “a complementary and appropriate approach between criminal justice and labour institutions and strengthening victim protection, including through effective monitoring of the incidence of child and forced labour”57. Furthermore, ILO is asked to further its
knowledge base, by improving its research and data collection on child labour.58
The Hague Roadmap Global Child Labour Conference 2010 and the Brasilia Declaration 2013
. The Hague Conference has gathered delegates from 97 member states, and
provided for the action planned referred to as the “Roadmap for Achieving the
57
Resolutions adopted by the International Labour Conference at its 101st Session (2012), Art. 14
58 Resolutions adopted by the International Labour Conference
Elimination of the Worst Forms of Child Labour by 2016”.59 This plan mobilizes all relevant actors for the elimination of child labour. Governments are requested to work on full implementation of the ILO Conventions, as well as on the implementation of the Declaration of the Fundamental Principles at Work in their national legislations. Moreover, they are encouraged to implement cross-sectorial national action plans in consultation with social partners and provide necessary resources to achieve dialogue and cooperation.
. States ought to develop concrete plans in conformity with the Convention No. 182, and support their transition into appropriate education or training.60 Social partners, NGOs and other civil society actors’ role would be to advocate for the amelioration of legislative protection, and to monitor and research how these laws are being respected in practice. International and regional organisations have the role of supporting the previously mentioned actors, and provide them with technical and financial assistance in order to support the “strategies at national and local levels, particularly those directed at poverty reduction, health and education, child and
social protection, gender equality and human development”61. And most importantly,
promote cooperation between members of United Nations through an international policy and development framework creation.
. The 2013 Brasilia Declaration reaffirms numerous points found in the Hague
Roadmap, such as the importance of cooperation between various national and international actors and governmental efforts to improve the legal and institutional frameworks. Most importantly, there is specific mentioning of the IPEC as the main ILO instrument for technical cooperation in combatting child labour. It adds an important element to the protection of children, namely the need to improve access to free education and progressive universalization of social protection. It refers to the ILO Convention on Social Security No. 102 and Recommendation 202 concerning national social protection floors. This reference was based on IPEC’s 2013 Report
59 ILO, 'The Hague Global Child Labour Conference 2010 Towards A World Without Child Labour Mapping The Road
To 2016' (2010).
60
ILO, 'The Hague Global Child Labour Conference 2010 Towards A World Without Child Labour Mapping The Road To 2016' (2010), 8.2.4.
61 ILO, 'The Hague Global Child Labour Conference 2010 Towards A World Without Child Labour Mapping The
that linked two important developmental goals: child labour and achieving universal coverage of at least an adequate minimum level of social security.62
ILO’s Areas of Critical Importance
IPEC’s actions are also in line with ILO’s Areas of Critical Importance. This document provides for promotion strategies for more and better jobs for inclusive growth that will support ILO units. This document has been based on extensive research of the most efficient ways to achieve better employment, policy advice and capacity building. One of these areas is the protection of workers against unacceptable forms of work, which includes child labour for obvious reasons. Decent work in the rural economy the second area of importance relevant to child labour, since IPEC aims at shielding children from hazardous agricultural work and instead develop their agricultural skills. Thirdly, through formalization of informal economy and facilitation of consultations on the transition to formality, there will be more work for adults and youth that are affected by child labour. And lastly, one of the main areas is the improvement of skills and jobs for the youth. By focusing of skills development and decent work during one’s youth or school years, children will be
more likely to be kept away from hazardous work.63
3.1.2 Strategies of IPEC
ILO strategy in respect to the child labour lies in its multifaceted solutions. First of all, IPEC aims to provide assistance in collecting precise and reliable information. This involves providing technical and financial support to national child labour surveys. The aim is to make surveys on national level a habit in developing countries, and
ultimately have national agencies conduct these surveys independently.64 Moreover,
involved in the interagency-programme “Understanding Children’s Work”, the ILO cooperates with the World Bank and UNICEF in researching on economic and social
62 ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour'
(2013).
63
ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour' (2013), 39.
64 ILO, 'Ending Child Labour In Domestic Work And Protecting Young Workers From Abusive Working Conditions'
policies that influence child labour statistics.65 It is also IPEC’s task to promote successful models, and inform on the less successful ones.
Secondly, based on the gathered information, the ILO discerns and mobilizes the relevant actors in order to support national child labour inspectorate bodies. These actors are individuals that find themselves in close proximity with the environments involving activities where child labour is perceivable; “school teachers, social workers, local employers’ and workers’ organisations, agricultural extension
officers and community leaders”66. IPEC is based on the theory of change approach,
which involves different levels of interventions that all form a connecting network that will bring about change in the long-term.67 Monitoring involves different intervention levels. Monitoring on the local level develops a monitoring and inspection culture in the developing states in question, and the ILO monitoring add to the supervisory nature of the whole process enabling quality assessments.
Furthermore, IPEC’s task is to stimulate dialogue between the government, stakeholders and ILO constituents in order to make change based on the evidence forwarded by the surveys. In doing so, IPEC tries to help national governments to make better strategy linkages between different development policies. For instance in some countries, there are issues that are financially better targeted than labour issues. Thus, IPEC makes sure to provide the relevant information on how resources could be used more efficiently and in some case relocated through optimisation.
Thirdly, IPEC’s fundamental strategy entails building national capacities of national institutions and that of workers’ and employers’ organisations in order to promote the rule of law. It is precisely through this strategy that the theoretical and legislative contents of international treaties and obligations are being put into practice. Governments need assistance with identifying the necessary changes in their national legislations. These changes include implementation of child labour issues into domains such as education, youth skills development, rural development and protection of children.
Similarly, the weakness of social dialogue is often a problem in countries with a weak rule of law. Therefore, national trade unions and employers’ organisations often
65
ILO, 'ILO-IPEC's Strategies And Priorities For Addressing Child Labour And Its Resource Needs' (2013), 4.
66 ILO, 'ILO-IPEC's Strategies And Priorities For Addressing Child Labour And Its Resource Needs' (2013), 5. 67 ILO, 'IPEC Action Against Child Labour 2010-2011: Progress And Future Priorities' (2012), 70.
require support in raising the issue of child labour within workplaces. Employers are then informed about the best ways to implement legislation and good practices into the work environment, which will consequently be monitored by trade unions.
Fourthly, IPEC is strongly involved in encouraging international cooperation. This is done through global initiatives such as the Global Task Force on Child Labour and Education For All, involving a partnership between the ILO, UNESCO, UNICEF, Work Bank, UNDP, Education International and the Global March against Child
Labour68. Another important initiative is the International Partnership for Cooperation
on Child Labour in Agriculture, which is a partnership between the ILO and the UN
Food and Agriculture Organisation.
Moreover, IPEC is part of numerous inter-agency groups, such as the UN Global Initiative to Fight Human Trafficking, the Working Group on Children on the Move,
the Paris Principles Steering Group, and the Child Protection Working Group.69 IPEC
consistently works with different partners, and increasingly places importance on collaboration with businesses ensuring abolition of child labour in the supply chains.
3.1.3 Main areas of Focus
Through IPEC, ILO aims to eliminate child labour by providing technical cooperation. However, the ILO integrated approach also takes into account other areas of need improvement in order to increase efficiency of child labour elimination process.
Social Security
In 2013, IPEC published the World Report on Child Labour- Economic vulnerability,
Social Protection and the Fight against Child Labour70. According to the latest policy
statement by major international organisations such as the UN, the G20, the OECD, the European Commission, UNICEF and the World Bank, decent social protection is fundamental for development. Since child labour is the result of household vulnerabilities related to poverty, social security is a crucial element to moderating such vulnerabilities. More importantly, evidence has shown that child labour is a
68
http://www.ilo.org/ipec/Action/Education/GlobalTaskForceonchildlaboburandeducation/lang--en/index.htm
69 ILO, 'IPEC Action Against Child Labour 2010-2011: Progress And Future Priorities' (2012), 80. 70 ILO, 'IPEC Action Against Child Labour 2010-2011: Progress And Future Priorities' (2012), 20.
direct consequence of negative economic shocks. For instance in countries prove to agriculture related shocks such as draught or crop failure where parents lose their jobs, children are obliged to drop school and help their household.71 ILO stresses upon the need to have an integrated approach: “there is no single “optimal” social protection instrument for addressing child labour; rather, the range of contingencies associated with child labour need to be addressed by a combination of instruments within an integrated systems approach”.72
The report evinces the effectiveness of specific social protection mechanisms combined; such as cash and non-kind transfer programmes, public employment programmes, social health protection, protection for disabled persons and unemployment protection.73 While ILO’s evidence proves that the effectiveness of cash and in-kind programme has to be assessed on a case-by-case basis, it does show a general decrease of child labour amongst the children from the poorest families. Additionally, these cash programmes are most optimal in combination with the so-called “supply-side interventions” which include access to health and education establishments and after-school education and trainings.74 Again, this shows the need for a multifaceted approach to development, that will both directly and indirectly diminish recurrence to child labour.
Another strategy, is designing appropriate programmes that will provide a source of employment for adults. This includes providing parents with decent jobs that will reduce their dependence on child labour. This can be done through public employment programmes, designed in such a way that they will deter children from taking over their parent’s jobs due to the lack of income.
The same applies to social health protection plans. According to research75, there is
a direct correlation between health shocks, the existence of disabled family members
71 ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour'
(2013), XVI.
72
ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour' (2013), XXI.
73 ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour'
(2013), XVII.
74
ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour' (2013), 28-39.
75ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour'
within households and child labour. Thus, ensuring at least a basic level of protection against diseases and sickness through universal social health protection would contribute a great deal to the elimination of child labour. Furthermore, in the developing world it is common to have multigenerational households. When the older generations are no longer able to perform any work, the younger generations are obliged to provide for the family. Thus, providing old age income security has a direct
impact on children, who can then focus on schooling.76
Post-child labour rehabilitation
IPEC also focuses on locating children that are hard to reach; for instance those that are out of school, children who do not have any legal documents, isolated and homeless children, and children that execute the worst forms of child labour. These children are extremely hard to locate, mostly due to the criminal nature of their activities (prostitution, production and sale of drugs, child soldiers). These children need to be treated as victims of abuse, and ought to go through a rehabilitation process that will prevent them from re-entering the hazardous working environment.
3.2 Case-study: IPEC’s involvement in the Sialkot Football Production
This section deals with IPEC’s most famous success story, namely its efforts in eliminating child labour from the soccer ball industry in the Pakistani city of Sialkot and it’s surroundings. In early 2000, Pakistan manufactured nearly 75% of world’s soccer balls, making it an important source of Pakistani export production.77 The ILO-IPEC project involved two phases, which lasted from 1997 till 2007.78 The project followed the so-called Atlanta Agreement of 1997. This agreement was signed in Atlanta (USA) between IPEC, the Sialkot Chamber of Commerce and Industry (SCCI) and the UNICEF aiming at combatting child labour in the football making industry through improvement of monitoring systems and provision of social protection and educational trainings. Other important international and national
76 ILO, 'World Report On Child Labour: Economic Vulnerability, Social Protection And The Fight Against Child Labour'
(2013), 48.
77
Sehr Hussain-Khaliq, 'Eliminating Child Labour From The Sialkot Soccer Ball Industry' (2004) 2004 Journal of Corporate Citizenship, 102.
78
