Setting the scene - Child labour

by ILO IPEC

Child labour is a global phenomenon and is found in all regions of the world, in both developing and industrialised countries. Globally, an estimated 218 million children – defined as persons under 18 years of age - carry out economic activities which harms, abuses and exploits them or hinders their education, development and future livelihoods.

It must be stressed that not all work that children undertake is bad for them or would qualify as work to be eliminated under the ILO Minimum Age Convention No. 138 or the Worst Forms of Child Labour Convention No. 182. Age-appropriate tasks that are of lower risk and do not interfere with a child’s schooling or right to leisure time can be a normal part of growing up. Indeed, many types of work experience for children can be positive, providing them with practical and social skills for work as adults. Improved self-confidence, self-esteem and work skills are attributes often found in young people engaged in some aspects of work. Promoting decent youth employment should be a goal in many economic sectors where child labour is found.

Child labour is another matter, however, and given the inherently hazardous nature of many types of work, the line between what is acceptable work and what is not can be easily crossed. This problem is not restricted to developing countries and can occur in industrial countries as well. Whether child labourers work with their parents, are hired by others, or accompany their migrant worker parents, the hazards and levels of risk they face can be worse than those for adult workers. Because children’s bodies and minds are still growing and developing, exposure to workplace hazards can be more devastating and long lasting for them, resulting in lifelong disabilities.

In order to deal with child labour effectively, it is important for farmers to have some background information on the nature, extent and characteristics of child labour. This section, therefore, explains the principal terms and concepts and conventions that are essential to understanding child labour issues, with a special focus on hazardous child labour as this is a major form of child labour in agriculture. The general characteristics of child labour are then outlined. Information is given on why children are at greater risk than adult workers from occupational health and safety hazards in the workplace. Specific information of the types of hazards and levels of risk faced by child labourers in this sector is then given.

Basic facts and terminology on child labour

This paragraph is based on the legal framework for child labour provided by ILO Convention No. 138 Concerning Minimum Age for Admission to Employment, 1973, and ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Worst Forms of Child Labour, 1999 (Convention 138 was the first child labour convention and its provisions are complemented by C 182.) Both these conventions are explained in detail in this paragraph.

What is “child labour”?

The term “child labour” reflects the engagement of children in prohibited work and activities, that is, work and activities by children to be eliminated as socially and morally undesirable.

Who is “a child”?

Article 2 of the ILO convention on the Worst Forms of Child Labour, 1999 (No.182) states that "the term ‘child’ shall apply to all persons under the age of 18." This is also the definition used in the UN Convention on the Human Rights of the Child. (See Section 3 of Book 3 for the full text of the relevant ILO Conventions).

What are “the worst forms of child labour ”?

Whilst child labour of both boys and girls takes many different forms, a priority is to eliminate without delay the worst forms of child labour as defined by Article 3 of ILO Convention No. 182:

(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.

What is “hazardous child labour ”?

Subparagraph (d) of Article 3 describes what is popularly referred to as “hazardous child labour”. Hazardous child labour (HCL) is work in dangerous or unhealthy conditions that could result in a child being killed, or injured (often permanently) and/or made ill (often permanently) as a consequence of poor safety and health standards and working arrangements*.

Hazardous child labour is the largest category of child labour with an estimated 126 million children out of 218 million child labourers in this category. This is the type of child labour where cooperatives can be most effective in terms of their business operations and so this report gives especial prominence to this category.

Both ILO Conventions 138 and I82 state that hazardous work should not be carried out by anyone under 18 with certain reservations (see the minimum age and young workers sub section below).

Hazardous child labour lists

An important instrument that policy-makers can use as part of their strategy to tackle hazardous child labour is a legally-binding list of hazardous work activities and sectors that are prohibited for children. Countries that have ratified ILO Convention No.182 are obligated to do this under Article 4.

In drawing up a national list, countries must also identify where such hazardous work is found and devise measures to implement the prohibitions or restrictions included in their list. Because this list is critical to subsequent efforts to eliminate hazardous child labour, the Convention emphasizes the importance of a proper consultative process, especially with workers’ and employers’ organizations, in drawing up, implementing it, and periodically revising it.

Advice for governments and the social partners on some hazardous child labour activities which should be prohibited is given in the ILO Worst Forms of Child Labour Recommendation, 1999 (No 190), which accompanies Convention No. 182:

“Recommendation 190, Paragraph 3. In determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to:

(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.”

National action programmes on child labour

Under Article 6 of Convention No. 182, governments are required to:

• design and implement programmes of action to eliminate as a priority the worst forms of child labour; and
• consult with relevant government institutions and employers' and workers' organizations, taking into consideration the views of other concerned groups as appropriate.

Convention No. 182 calls for international cooperation and assistance for putting an immediate end to the worst forms of child labour through (i) priority action to determine which hazards bring work into the category of the worst forms; (ii) the establishment of monitoring mechanisms and the implementation of programmes of action; (iii) the adoption of measures for prevention, rehabilitation and reintegration; and (iv) particular attention to children at special risk and the situation of girls.

Other worst forms of child labour

Subparagraphs (a) to (c) of Article 3 of ILO Convention No. 182 on WFCL describe what is popularly referred to as “unconditional worst forms of child labour (HCL)”. The activities covered by this term – prostitution, pornography etc – are criminal activities where there is clear consensus that they must be banned. As they are not directly relevant to cooperatives in terms of their business operations, they are not covered extensively in this Report.

Other terminology associated with the use of the word “child”

As noted in Section 1.1, Convention No. 182 states that "the term ‘child’ shall apply to all persons under the age of 18". However, there are other sub-categories, based upon age, which are relevant to action on child labour.

Minimum age for employment and young workers

Young workers are female and male adolescents below age 18 who have attained the minimum legal age for admission to employment and are therefore legally authorised to work under certain conditions. The ILO Minimum Age Convention, 1973 (No.138) stipulates that ratifying States fix a minimum age for admission to employment or work. Under this Convention, the minimum age for employment or work should not be less than 15 years, but developing countries may fix it at 14. A number of countries have fixed it at 16.

Young workers must not be engaged in hazardous work. If they are involved in hazardous work then they would be classed as child labourers, and not as young workers, and their employment under such hazardous conditions would be in breach of the law. Efforts must be made to ensure that young workers labour under decent conditions of work which means good health, safety and working conditions.

Light work

In general, girls and boys aged 13-15 are permitted to carry out "light work" under the ILO Minimum Age Convention No. 138. Article 7 states that:

1. National laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work which is:

(a) not likely to be harmful to their health or development; and

(b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

Article 7, Paragraph 4 of the same Convention allows developing countries to substitute the ages of 12 and 14 for 13 and 15 in Paragraph 1 above.

Clearly, the term “child labour” does not encompass all work performed by girls and boys under the age of 18. Child labour is not children doing small tasks around the house, nor is it children participating in work appropriate to their level of development and which allows them to acquire practical skills. Millions of young people legitimately undertake work, paid or unpaid, that is appropriate for their age and level of maturity. By so doing, they learn to take responsibility, they gain skills, they add to their families’ and their own well-being and income, and they contribute to their countries’ economies.

Children’s rights with regard to work

All adults and children are entitled to certain rights by virtue of being human, and it is recognized that children have rights of their own**.Children need to know their rights, including the right to work in a safe and healthful workplace environment where hazards have been identified, risks assessed and appropriate prevention or control measures put in place. This includes a right to know about the dangers and risks to their own health and safety and the consequences of working on their education and futures. They need to learn how to protect themselves and which laws exist specifically for their protection and whom they can turn to for help***.Young workers should also have the right to refuse dangerous work tasks and conditions and should receive workers' compensation in the event of work injury or illness.

Children’s participation

ILO Recommendation No. 190 associated with ILO Convention No. 182 states: “The programmes of action referred to … in the Convention should be designed and implemented … in consultation … taking into consideration the views of the children directly affected by the worst forms of child labour …”. In other words, within the context of the work of IPEC, children constitute one of the stakeholder groups of its programmes and therefore are consulted as such. Children's participation in designing and implementing programmes affecting their occupational safety and health and well-being should be fully encouraged.

The international community is currently highlighting the need for greater and more meaningful child participation within the framework of a number of global initiatives, including Education For All, the elimination of child labour, HIV/AIDS, follow-up to the “World fit for children” initiative, the International Partnership for Cooperation on Child Labour in Agriculture and so on. It is important that means and methodologies are elaborated and improved to ensure that this significant group of stakeholders define their own ways of contributing to global efforts to help and support them in their development and fulfilment.

The ILO fully endorses the need for meaningful child participation and IPEC has developed its own methodology for facilitating this through the SCREAM Stop Child Labour programme (www.ilo.org/scream), which is an interactive programme based on the use of the visual, literary and performing arts, the media and campaigning and community mobilization*.

Strategies for the elimination of hazardous child labour

ILO’s strategies for elimination of hazardous child labour can be classified under three general headings: prevention, removal, and protection.

Prevention

Prevention is the primary long-term aim. It means identifying children at potential risk, and stopping them from becoming child labourers in the first place by keeping them out of unsuitable work, especially hazardous labour. To ensure that parents see schooling as the best option for their children, families need, among other things, income security and social benefits, like health insurance, to survive short and long-term crises.

Investment in the prevention of child labour is the most cost-effective approach to ending child labour in the long run. Systems of prevention need to be carefully designed by the government or non-state agencies. Micro-insurance schemes organized by civil society groups at the local level are one example. These can be linked into larger structures, such as banks and credit schemes. The government can help by providing start-up funds, matching workers’ contributions and developing supportive laws. Self-help groups can provide assistance through cooperatives, mutual benefit societies and so on, which are usually financed by beneficiary contributions.

Removal

ILO’s experience has shown that parents and families who are given a viable choice prefer to keep children out of the workplace. The simple removal of children from the workplace does not have a significant impact unless it is carried out in the context of a national policy that promotes the rights, welfare and sound development of children and encourages their participation in finding solutions to the problem of child labour.

The removal and subsequent rehabilitation of children already at work includes:

• identifying those children in unsuitable work, especially hazardous child labour;
• removing them from workplaces;
• getting them into school and/or skills training;
• monitoring to ensure that they do not return to the same workplace or move to a new workplace.

Children in the worst forms of child labour need urgent action for rescue and rehabilitation. Measures to withdraw children from may rely on persuasion through dialogue with parents, children, employers or law enforcement authorities or radical “rescue” operations. Community-based, integrated initiatives tailored to the specific needs of each target group, with close community participation, have proven to be the most effective solutions.

Protection (Young workers)

Wherever possible, ILO promotes youth employment under decent conditions of work. However, many children who have achieved the current minimum legal employment age in their country (14-17 years depending on the country) continue to be at risk and need to be better protected. This requires improving occupational safety and health ( OSH ) and working conditions and arrangements in the workplace. Strengthening risk management in the undertaking is considered to be a basis for these types of initiative.

If these young workers are not better protected and continue to work under hazardous conditions then they are classed as child labourers. As no child under 18 is allowed to carry out hazardous work, failure to improve OSH standards means they must be withdrawn from dangerous workplaces.

Protection is not a viable option in certain sectors. For example, small-scale mining – whether surface or underground – is considered so hazardous and the general working conditions so harsh, that prevention or removal are the only options.

Go to: FAO's PW newsletter n. 19 "Participation &...Child Labour in Agriculture"

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* IPEC: Training resource pack on elimination of hazardous child labour in agriculture (Geneva, ILO, 2005).

** IPEC and the Inter-parliamentary Union: Eliminating the WFCL. Handbook for Parliamentarians No. 3, (Geneva, ILO, 2002), p 29.

*** IPEC: Action against child labour (Geneva, ILO, 2000), p 150.

**** This resource material for SCREAM (Securing Children’s Rights through Education, the Arts and the Media) is available from www.ilo.org/scream or by contacting ILO-IPEC directly.