unionstrategiestocombatchildlabour developingnationalandinternationaltrade … · 2018-08-29 ·...

BITTERBITTERHarvest

CHILD LABOUR IN AGRICULTURE

INTERNATIONAL LABOUR ORGANIZATION BUREAU FOR WORKERS’ ACTIVITIES GENEVA

DEVELOPING NATIONAL AND INTERNATIONAL TRADEUNION STRATEGIES TO COMBAT CHILD LABOUR

(INT/00/M17/NOR)

Published by the project

Children

BITTER HARVEST 2 BITTER HARVEST 3

Introduction 4

Fields Not Factories 5

250 Million Working Children 6

Modern Slavery 8

Hazardous Work & Forced Labour 10

List of Hazards 15

AIDS increases Child Labour 17

International Legislation 40

Conventions 182, 184 43

Breaking Rural Tradition 18

IUF 21

What can be done by Trade Unions? 22

CONTAG (Brazil) 24

Practical Action 26

ITGA Agreement (with IUF) 29

ILO-ACTRAV, Workers’ Activities 30

Children out of work (ACTRAV Project) 32

IPEC, Eliminating Child Labour 36

Resources List 44

aged between 5 and 14 are workingworldwide, with 120 million workingfull-time. 80 million are estimatedto work in the worst forms of childlabour. The large majority of thesechildren are working in agriculturalactivities.

“Bitter Harvest” by Alec Fyfe was first published in 1997 to raise awareness of issues to bediscussed in the debate on the new ILO Convention on Worst Forms of Child Labour, C 182,adopted in 1999.This new revised version of “Bitter Harvest ” has now been updated taking into accountrecent initiatives to combat child labour, including the Norwegian funded project on ChildLabour, coordinated by Tor Monsen of the Bureau for Workers’ Activities. Special thanks aregiven for information received from IUF, IPEC and to Geneviève Marineau, who assisted aspart of the ILO intern programme.

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TABLE OF CONTENTSECLT (Tobacco) 38

DUCTIONINTRO FACTORIESNOT FIELDS


Most working children are found toiling in the fields and fisheries of theworld, not in factories. This basic fact about child labour is often ignored infavour of an urban and industrial view of what constitutes child labour. Thisurban image has its origins in the struggle against child labour in the nine-teenth century in Europe. But even at the time, most children in Europewere working in the rural areas on family farms, where it was taken forgranted. This neglect of agricultural child labour, linked to an unquestionedassumption that children working on farms and in fisheries are less likelyto be at risk than urban workers, still prevails today. As a result of this cul-tural attitude, a false view of the child labour problem is promoted and leg-islation that would protect children fails to cover most agricultural settingswhere they work.

The world relies on the productionof food, but those who produce ourfood are faced with many economicand social problems. Those who growour food often cannot afford to feedtheir families or send their childrento school.

Half of the world’s workers arefound in agriculture, and 40% (some440 million workers) are found inwaged employment. Many women areworking in agriculture throughout theworld, often in the most precarioussituations. Women now account for20-30 percent of total agriculturalwaged employment. The work chil-dren perform in agriculture is ofteninvisible, because they assist theirparents in task work or other formsof work organization. Because thiswork is not recognized, nor easilyrecorded in statistics, it goes largelyunnoticed. This creates a cycle ofpoverty and affects the future of chil-dren since their access to educationand training is greatly reduced.

The ILO is concerned to make theworld of work a place where all canbenefit from "Decent Work" – workwhich respects the basic rightsembodied in ILO standards, (especial-ly those on forced work, freedom ofassociation, collective bargaining,non-discrimination and child labour),and those which affect the quality oflife – social protection and employ-ment opportunities. In addition, agri-culture is amongst the three most

dangerous industries (along with min-ing and construction). Half of all theworkplace fatalities are in agriculturealone. Sadly, children figure amongthese fatalities – they die becausethey work in agriculture. This bookletis a means to raise awareness and topromote the mandate of the ILO in thecontext of the rapid globalization ofagriculture throughout the world. Theproblems facing workers in agricul-ture need to be highlighted becausethey also affect children who areworking in agriculture. Thus to allevi-ate the need and pressure for childrento work in agriculture, other areashave to be addressed — social exclu-sion, poverty alleviation, fundamentalrights, sustainable agriculture andsustainable development, food securi-ty and decent work in agriculture.

Trade Unions have conducted cam-paigns, programmes and activities topromote decent work in agricultureand to use their collective action,either through collective bargainingor grass-roots action. This commit-ment is to ensure that children have achance in life: to live in a safe environ-ment, particularly one free from haz-ardous work, and to have access toschool so they can achieve their fullpotential. The experiences gathered inthis booklet show many positive initia-tives which combat child labour inagriculture.

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Those who study child labour problems and devel-op programmes to deal with them are usuallyurban based and are more likely to focus on cityconditions, such as the hazards face by street chil-dren, that are visible and close at hand.

Rural areas are often remote, both physically andculturally, which inhibits urban-based researchersand programme developers from spending longperiods of time there.

In many countries, it is urban conditions whichreceive priority attention from governments, oftenreflecting wilful neglect by powerful interestgroups.

Many international and national policy makersassume that family based work in "idyllic" ruralsurroundings cannot possibly be harmful to chil-dren – indeed this type of "family solidarity" isviewed as entirely beneficial. The culture in agri-culture is a most powerful factor in the age-oldneglect of rural child labour.

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The neglect of rural child workers can be explained by atleast four factors:

Manuel SimónDirector of Bureau for Workers’ Activities

ACTRAV


250WORKING MILLION CHILDREN

Accurate statistics on childlabour are elusive. Recent ILO sur-veys suggest that there are atleast 120 million children betweenthe ages of 5 and 14 who are fullyat work, and more than twice asmany (or about 250 million) ifthose for whom work is a second-ary activity are included. Of these,61% were found in Asia, 32% inAfrica and 7% in Latin America andat least 5% were found in devel-oped countries. Although Asia hasthe largest absolute number ofchild workers, the proportion ofworking children between 5 and 14years is highest in Africa (at around40%). Child labour also remains aproblem in many developed coun-tries and is emerging in many cen-tral and eastern European as well

as Asian countries which are mov-ing towards a market economy. TheILO estimates that 50 million chil-dren under the age of twelveworked in hazardous circum-stances. (ILO Child Labour,Targeting the Intolerable, Geneva,November 1996).

Data from countries with reason-ably good labour statistics or spe-cial studies on children suggest, onthe whole, that a far higher per-centage of rural rather than urbanchildren work, that they start earli-er (at 5, 6 or 7 years) and that theymay work more days and hours.Girls are particularly likely to startwork earlier and to be deniedaccess to education.

A recent ILO report says that insome developing countries, nearly

a third of the agricultural work-force is made up of children. Onlyrelatively recently have specificILO country studies shown howmuch children contribute to worldfood production and agriculturalcommodity production.

In Bangladesh, 82% of the coun-try’s 6.1 million economically activechildren work in agriculture. Asmany as 3 million children, age 10to 14, are estimated to work inBrazil’s sisal, tea, sugar cane andtobacco plantations. Children arebelieved to comprise a quarter ofall agricultural workers in Kenya.And a 1993 study in Malawi foundthat the majority of children livingon tobacco estates were workingfull or part-time (78% of 10 to 14years olds and 55% of 7 to 9 yearsolds).

According to Human RightsWatch (2001) in Egypt, more thanone million rural children are hiredeach year from May to July, largelyduring the school recess, to controlcotton leaf worm infestations.Working eleven hours a day, sevendays a week, the children inspectcotton plants for leaf worm eggsand manually remove infected por-tions of leaves. The children’sworking hours far exceed the max-imum six hours per day for whichthey may be employed under the

Child Law. A majority of the chil-dren are between the ages of 7 and12; they earn about one US dollarper day. Children resumed work oncotton fields either immediatelyafter pesticides spraying or after24 to 48 hours, a period that fallsshort of the recommended inter-vals for re-entry after the use ofcertain pesticides registered foruse in Egypt.

The situation is by no means con-fined to the developing world.Entire families of migrant labour-ers, as in the case of Mexicanmigrant workers in the USA, helpplant and harvest the rich world’sfruit and vegetables. In the UnitedStates, over 300,000 childrenworked as hired labourers on com-mercial farms, frequently underdangerous and gruelling condi-tions. They account for 8% ofworking children but suffered 40%of work-related fatalities. Childrenworking on US farms often worktwelve-hour days, sometimesbeginning at 3:00 or 4:00 a.m.(Human Rights Watch, 2001) Farm-worker families are overwhelming-ly people of colour. Seventy per-cent or more are Hispanic andother are African American, Asian,Haitian, West Indian and NativeAmerican. (US Commission onImmigration Reform, 1995).

Children who live in poor, rural communities face the great-est risks from hazardous and exploitative agricultural labour.The risks are many. Children pick crops still dripping with pes-ticides or spray the chemicals themselves. According to datafrom Sri Lanka, death from pesticides poisoning on farms andplantations is greater than from other childhood diseases suchas malaria and tetanus.

Skin, eye, respiratory or nervous problems occur in childrenexposed to pesticides. Children harvesting tobacco in Tanzaniaexperience nausea, vomiting and fainting from nicotine poi-soning. Children involved in processing crops such as sisal cansuffer respiratory problems due to dust, or skin problems fromhandling the sharp, abrasive leaves. Frequent awkward orheavy lifting and repetitive strains can permanently injuregrowing spines or limbs, especially if poorly designed equip-ment is being used. Transport machinery accidents arecommon, children are run over by moving equipment such asforklift trucks, or fall off or under tractors or harvestingmachinery.

Children face poisonous snakes and insects, and cut them-selves on tough stems and on the tools they use. Rising earlyto work in the damp and cold, often barefoot and inadequatelydressed, they develop chronic coughs and pneumonia. Thehours in the fields are long – 8 to 10 hour days are not uncom-mon.

It cannot automatically be assumed that children working onsmall "family farms" do not face these risks. In many countries,farms fitting this description produce much or most of theagricultural grains and/or fresh produce, and they may be

mechanized with small machines and make heavy use of pesticides. Smallfarms are as likely as larger commercial enterprises to misuse chemicals,through lack of education and training in their handling.

Children are often included as part of hired family labour in large scaleenterprises producing for export. Where a piece-rate or quota system oper-ates, it is assumed children work, though they are not formally hired. Theuse of casual labour by contractors in plantations on a piece-rate systemnot infrequently involves children as cheap labour who may engage in dan-gerous tasks. Management can plead in such situations that they have nodirect responsibility for the health and safety of child workers. With a dra-


MODERNSLAVERYHazardous Work & Child Labour

matic rise in the use of contractlabour worldwide, the demand forchild labour on farms and planta-tions is likely to remain strong.

Large numbers of children aroundthe world are forced to work in thefarm sector. Farming may accountfor more forced child labour thanmanufacturing. Debt bondage,found predominantly in South Asiaand Latin America, is a form of mod-ern slavery whereby, in return for acash advance or credit, a personoffers their labour, or that of a child,for an indefinite period. Sometimesonly the child is pledged, becominga commodity in the process.

Debt bondage is commonly foundin rural areas where traditional classor caste structures and semi-feudalrelationships survive. Landless ornear landless households, as well asmigrant labourers, are particularlyvulnerable to debt bondage because

they have no alternative sources ofcredit. Debt bondage also occursunder land tenancy or sharecropperarrangements. When wages areinsufficient to cover necessaryexpenditures such as food, tools orseed, tenants and sharecropperfamilies often rely on the landownerfor loans and other forms ofadvances.

In addition to reports of forcedlabour in the farming sector, thereare situations of forced labour ofchildren in the commercial fishingindustries of India, Indonesia,Pakistan, the Philippines, and SriLanka. Forced labour in commercialagriculture may also be found in theharvesting of rattan in thePhilippines, sugar cane and rubberin Brazil, and vegetables inHonduras and South Africa. Suchcases also occur on small-scalefarms.


In Zimbabwe, tea estatesemploy a large number of chil-dren, often 10-12 years old. Theyare paid according to the amountof tea picked. Child workersbegin their work day at 5:30a.m., walk 5-8 kilometers to thetea fields, and work until 11:30a.m. When they finish picking thetea leaves, they carry the sacksof leaves to the weighing station.If they fail to pick the minimumdaily load they are forced towork a half day on Saturday aspunishment. Some children suf-fer exhaustion, lacerations andcalluses on their plucking fingers(tea ulcers).

In Kenya, children pick coffee berries during the harvest season. Youngerchildren work alongside their parents, usually their mothers, while olderchildren often work independently. By one estimate, children comprise 58percent of the coffee plantation work force during peak seasons and 18 percent of the work force during the rest of the year. While some childworkers live on the plantations, others either walk or are picked up by

In Egypt, children are regularly employed picking jasmine. Between Julyand October, recruiters take children from villages in the Nile Delta to gath-er the flowers in the middle of the night, when the essence is purest.Recruiters prefer small children, because their small hands better enablethem to pick delicate single flowers. The children work barefoot in the mud

In Madagascar, children are employed in small-scale private farms that produce vanilla. Children aged 10 andolder nip the flowers of the vanilla orchid, usually from 4:00a.m. to 7:00 a.m. in the morning. They earn 12 cents per day.

and must rely on theirsense of touch as there isno light. The childrenwork 9 hour shifts with-out eating or stoppinguntil the morning sungrows too strong. Thechildren are paid 3Egyptian pounds per day.If the children stop workfor any reason (to avoidswarms of mosquitos)they may be caned bythe recruiter.

WORK & FORCED LABOUR

trucks between 5:30 and 6:30 a.m. and return at 5:00 to7:00 p.m. Protective clothing and safety devices are not regularly issued; children who climb taller trees to collectbeans sometimes fall.

In Malaysia, children on rubber plantations mark rubber trees, tap rubbertrees, collect latex, clean latex cups, spray pesticides, and work in factorieson the plantations. They also perform many supporting tasks related torubber production. They work with their parents 7 days per week, 8 hoursper day. Rubber tapping begins in the morning usually at 5:30 a.m. and con-tinues until 3: 00 p.m. Many children who clean the latex cups may beunder 14 years of age. Five percent of the children suffer injuries, mostlyfrom tapping knives, fallen branches, bee stings, falling machinery, and cutsfrom broken glass. They are regularly exposed to hazardous pesticides andthorny plants. They rarely wear footwear and are susceptible to insect andleech-bites, as well as to mosquitos that carry the deadly "Dengue" dis-ease. Children are also bitten by poisonous snakes and stung by hornets,scorpions, and centipedes. Children’s eyes are not protected from chips ofwood and flying dirt caused by drilling holes in the trees.

CHILDREN“ ”WORK 7 days A WEEK

HAZARDOUS…In South Africa, children arereported to work on farms thatproduce fruit and vegetables,grapes for wine, maize, sugarcane, tobacco, asparagus andoranges. Children have been seenspreading pesticides with theirbare hands. A team leader will hirethe children, who are usually 10years old and above, thusenabling the farm owners them-selves to deny responsibilityfor knowing the ages of thechildren or the terms underwhich they were hired.

CHILDREN WORK

CHILDREN SUFFER FROM

BITTER HARVEST 12

In Tanzania, many children aged12-14 are employed in the sisalindustry, where they cultivate theimmature sisal, transplant it oncethe plants have reached therequired height, and weed itthroughout the year. The weedingis done almost exclusively by chil-dren. They also carry wet sisalfibers from the machines thatstrip the leaves to the drying lines,and collect the short fibers thatare ejected from the brushingmachines. They work up to 11hours per day, 6 days per week,with no regular or specified restperiods. Children regularly workunder the sun and during rainwithout protective clothing.Continuous inhalation of sisalfibers and air-borne dust from thebrushing machines causes byssi-nosis, a lung disease. When carry-ing wet sisal fibers, children areexposed to the sisal liquid, whichirritates the skin and causessevere itching.

vate, turn soil, fix canals, harvest,and apply pesticides. Children weed,cut cane and apply fertilizers onsugar plantations. Sometimes, theyare as young as 7-8 years old andbegin to cut the cane at age 12.Children are injured from using sharpknives, and are poisoned from theuse of dangerous fertilizers. Also,some children as young as 7 dry,clean, and sort fish. Muro-ami (whichis a labour intensive form of fishing)is generally considered a good sourceof income, and fathers often take twoor three sons (sometimes as youngas 7-9 years old) with them duringthe 10-month period. The majority ofthe swimmers and divers (the mostphysically dangerous tasks) are chil-dren between the ages of 12 and 14.They have no diving equipment otherthan wooden goggles, and injuriessuch as ruptured eardrums are com-mon. The boys are also in dangerfrom shark attacks. The boats fromwhich they dive and on which theylive are overcrowded and unsanitary.

In the Philippines, childrenwork 10 hours per day fromMonday through Saturdaywith only short breaks andhalf a day on Sunday. Thechildren earn less than oneUSD daily. They weed, culti-

In Thailand, children are involved in all stages of the fishing industry.Nearly 90 percent work full time and 62 percent earn their own income.Many children as young as 5-6 years old accompany their parents orother relatives for the purpose of working. Most of the children clean,bone, and skin fish; shell squid, mussels, shrimp and crab; and wash squidto remove the ink. Other children sort, weigh, check, and load the fish;process seafood; work on fishing boats; build boats; and work on thedocks. The children who shell seafood generally squat on the floor or siton a small bench for the duration of the working day, which can last 15hours or longer. Children of all ages use sharp knives or shelling tools,and suffer frequent cuts and scrapes.

Because they work with salt water and fish all day, many children suf-fer from skin diseases on their hands. Protective gloves are not usedbecause they slow the pace of work. Children begin to work at 1:00 a.m.,and work until after 6:00 p.m. Children also work in deep sea fishingoperations. They dive into the sea to close the mouth of the net and staywith the net until it is hauled in. Hazards include drowning, gettingcaught under the nets, injuries caused by hauling rope, and injuries frommalfunctioning equipment.

10 hours PER DAY

In Bangladesh, boys under14 help spray chemical fertil-izers on the fields. Girls helptheir mothers dry, cut, andpack the tobacco leaves.

diseases“”

BITTER HARVEST 13

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BITTER HARVEST 15BITTER HARVEST 14

Reference (except United Kingdom): Child Labor in Commercial Agriculture(US Department of Labor)www.dol.gov/dol/ilab/public/media/reports/iclp/sweat2/commercial.htmReference for United Kingdom: FATAL INJURIES in farming, forestry and horticulture 2000-2001 - UK

R E F E R E N C E

In Brazil, 15 percent of the 70,000 fruit pickers are estimated to be under14. Some employers hire children because they are lighter and more able toclimb trees without breaking branches. Children usually pick oranges fromtrees or off the ground and box them for shipment. They are paid 3 dollarsfor working a 14 hour day. Children earn approximately 2 dollars per daypicking grapes from the vines. They also load the grapes into boxes, forwhich they receive less than one cent per box. They usually fill 100-200boxes per day. Children also perform the same work as adult in the resinindustry. Because they do not wear gloves, children’s hands often becomesticky with glue from the resin. The glue is usually removed by washingtheir hands with diesel oil.

In Guatemala, children as youngas 6 or 8 assist their parents duringthe harvest season. They pick andsort beans, carry sacks of coffee,and sometimes handle fertilizers,herbicides, and insecticides withoutproper health and safety equip-ment. They work from 8 to 12 hoursper day and receive about USD0,50 per day, half the wage of adultmen. Children begin to pick beanswhen they are old enough to reachthe lower branches of trees and areable to determine which beans topick. They carry sacks of beansweighing 75-150 pounds for severalmiles to weighing stations.

being used. Skin, eye, respirato-ry or nervous problems oftenoccur in children exposed topesticides, and children are vul-nerable to much lower levels ofexposure than adults. Theremay well be chronic long-termhealth effects from exposure topesticides that will not show upuntil the child is an adult.

The most common causes of fatalities are:

• being struck by a movingvehicle;

• being trapped by somethingfalling or collapsing or over-turning, e.g. a tree;

• falls from a height;• contact with machinery;• being struck by a moving or

falling object, e.g. bales;• contact with electricity• asphyxiation (including in

water, grain, slurry etc).

AccidentsThe most common causes of non-

fatal injuries, are:

• cuts and wounds – includinginjuries from knives,machetes etc;

• handling, lifting or carrying;• being struck by a moving

object;• slip, trip or fall on the same

level;• contact with machinery;• being injured by an animal;• being struck by a moving

vehicle.

Children working in agriculture suffer from the sameaccidents, ill-health and fatalities as young and adult work-ers. However, because of their lack of experience, their lackof education on hazards and risks, and the fact that theirbodies are still growing, children may be exposed to specialrisks. Frequent awkward or heavy lifting and repetitivestrains, for example, can permanently injure growingspines or limbs, especially if poorly designed equipment is

HAZARDSLIST OFIn the United Kingdom, the num-

ber of children suffering a majorinjury in 1999/2000 was 58 – thehighest recorded since the intro-duction of the Reporting ofinjuries, diseases and dangerousoccurrences regulations (RIDDOR)in April 1996. It is also six higherthan the average over the fouryears since the change in the RID-DOR. Children, even the veryyoung, are often injured or killedbecause they accompany their par-ents or are present at the worksite.They are often in contact with haz-ardous machinery or equipment,silos or toxic substances, or injuredby riding on tractors or trailers.

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Health/Disease• musculoskeletal injury/disorders (aches, sprains or strains),

including:- repetitive strain injuries (RSI) where workers are doing

repetitive tasks cutting crops, on crop/commodity/flowergrading lines, on inspection tables on root harvesters, orprocessing poultry;

- vibration• exposure to pesticides and other agrochemicals - can result in

death, poisoning and, in certain cases, work-related cancersand reproductive problems;

• agricultural workers are affected by asthma at a rates usuallyabove national averages;

• agricultural workers are at risk from zoonoses (diseasespassed from animals to humans);

• work-related hearing loss.

Other Risks/Hazards• dusts, fibres, mists, fumes, micro-organisms, gases and

vapours causing respiratory and/or skin/eye problems;• livestock handling (risks of being bitten, butted, gored or oth-

erwise attacked). Transmission of diseases from animals tohumans (zoonoses);

• poor hygiene conditions – drinking water, washing and toiletfacilities;

• thermal stress caused by excessive heat and fatigue• heat and cold. High temperatures in the tropics. Cold temper-

atures in fields, working outdoors, poorly heated stores, coldstores;

• poorly designed and maintained personal protective equip-ment;

• poorly designed tools and machinery (ergonomics);• electricity and electrocution from poorly maintained hand-

held equipment, extension cables.

AIDS

INCR

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The consequences are that there is increasing pressure forAIDS orphans to be allowed to work in agriculture to cover thecosts of their remaining on the farm/plantation and to payschool fees. There is a very real and immediate danger thatthese children will be exploited and their health put further atrisk by exposure to occupational health and safety hazards.

What can be done?• adopting measures in the workplace to ensure that these

vulnerable children are not exploited.• becoming involved in awareness raising programmes and

campaigns aimed at HIV/AIDS prevention and campaignsfor provision of essential drugs at local, affordable prices.

• raising HIV/AIDS in collective bargaining, other appropriate fora with employers to ensure provision oftraining and preventive measures and no discrimination.

• promoting the ILO Code of practice on HIV/AIDS in theworld of work.

• working with their government to ensure an effectiveHIV/AIDS national prevention policy is implemented andthat the needs of AIDS orphans are taken into account.

The ILO has a code of practice on HIV/AIDS in the world of work which pro-vides guidelines on how to address HIV/AIDS within the context of work and toprevent discrimination against workers affected.

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AIDS and HIV are having a devastating effectin sub-Saharan Africa. This epidemic has affectedmillions of workers and their families, wiping outbreadwinners and thus increasing poverty and leavingmany children orphaned.

A report from the FAO (The impact of HIV/AIDS on foodsecurity in Africa; 22nd Regional Conference for Africa,February 2002) estimates that:

• in the 25 most affected countries in Africa, 7 millionagricultural workers have died from AIDS since 1985.

• 16 million more deaths are likely in the next two decades.


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Improving legislation and enforcement measures to establish alegal minimum age for work and employment have been the tra-ditional response to the problem of child labour. However, partic-ularly in developing regions, effective legal protection does notoften extend beyond urban areas and the formal sector. It isworth noting that the ILO Minimum Age Convention, 1973 (No.138), provides for flexible options, for instance allowing exclusionof certain categories or sectors from its scope of application.Thus, Governments may, and often do, exclude family and small-scale undertakings in agriculture from minimum age legislation.However, the Convention must apply to plantations and otheragricultural undertakings mainly producing for commercial pur-poses.

Most national legislation on the minimum age for employmentindeed excludes family and small-scale agricultural undertak-ings. In too many cases the agricultural sector as a whole isexcluded (partially or in full) from the scope of labour and sociallegislation. Moreover, given the geographically dispersed natureof agriculture, public sector labour inspection services are fre-quently unable to cover even large commercial plantations.Given the inadequacies of labour and social legislation, andinspection and enforcement mechanisms in many countries,

other means must be developed to abolish effectively child labour in agri-culture.

In this regard, community education and mobilization are essential. Thetask is to direct messages about child labour to the wider rural communityand to governments. A key to the design of public awareness campaignsmust be the recognition that agricultural child labour is hazardous. Work onthe family farm may demand too much of children, requiring them to labourlong hours that keeps them from school and takes too great a toll on theirdeveloping bodies. Such work can prevent children from exercising theirrights and developing to their full potential.

It is also necessary to reach and educate rural communities about thealternatives to child work, in particular the importance of education for allchildren. Extending and improving schooling for the poor – especially forgirls – is the single most effective way to stem the flow of children into abu-sive forms of work.

Rural communities face the worst educational services. Special effortstherefore need to be made to ensure adequate school provision, allied toimprovements in the quality, flexibility and relevance of education, so as toimprove the demand for education from poor parents. Incentives must befound to break the rural tradition of child labour at the expense of childdevelopment.

EXTENDING ANDIMPROVING

IT IS

NECESSARY

TO REACH

AND EDUCATE

ruralcommunities

ABOUT THE

ALTERNATIVES

TO CHILD WORK

“

”

FOR THE POOR-ESPECIALLY FOR

“

”

SCHOOLING

girls -IS THE MOST

EFFECTIVE WAY TO

eliminate CHILD LABOUR

BITTER HARVEST 21

IUFIUFIUF

Children work because their parents are poor; they haveto supplement the family income or provide unpaidlabour. Child labour in agriculture cannot be tackled inisolation from one of its main causes – rural poverty.Trade unions can work to eliminate child labour but themain priority has to be improving the living and workingconditions of adult workers and through this eliminatingthe need for children to work. Cheap child labour under-mines or weakens the possibility of negotiating a fairand decent wage for adult workers. We must work toeliminate child labour in order to help break the cycle ofrural poverty.

Ron OswaldGeneral secretary, IUF

The IUF is an internationaltrade union federationrepresenting workersthroughout the food chain.Currently it has 336 affili-ated trade unions in 114countries.

Article: “Farm Death Toll Rises”, Landworker, UKSeptember/October, 2001.

INTERNATIONAL UNION OF FOOD, AGRICULTURAL, HOTEL RESTAURANT,CATERING, TOBACCO AND ALLIED WORKERS’ ASSOCIATION

THE eliminationOF THE WORST

FORMS OF CHILD LABOUR

MUST BE ACHIEVED FOR

BITTER HARVEST 20

It is also now widely acknowledged that child labour cannot be tackled inisolation from rural poverty, particularly that of agricultural and plantationworkers and small farmers. Measures have to be taken to improve theincomes/livelihoods of adult workers so children are not obliged to work totry to get the family a living wage.

Significantly, the Worst Forms of Child Labour Convention (No.182) doesnot allow for the exclusion of any sector of the economy or any category ofworkers. It is implicit that the elimination of the worst forms of child labourmust be achieved for all girls and boys. Convention No. 182 thus shed a newlight on the situation of children in agriculture, which may include theirexposure to many safety and health hazards. Hazardous work in agricultureby girls and boys under 18 must be eliminated as part of the worst forms ofchild labour. If national minimum age legislation does not cover the agri-cultural sector or the non-commercial part of it, other effective measureshave to be found.

Convention No. 182 recognises that such elimination will only be achievedin a sustainable way if it is embedded in a broadly based policy frameworkthat takes account of the needs of the children concerned and their fami-lies. Accordingly the Convention requires ratifying States to design andimplement programmes of action to eliminate the worst forms of childlabour as a priority, and establish or designate appropriate mechanisms formonitoring implementation of the Convention. It also says ratifying Statesshould take time-bound measures for prevention; provide support for theremoval of children from the worst forms of child labour and their rehabili-tation; ensure access to free basic education or vocational training for allchildren removed from the worst forms of child labour; identify children atspecial risk; and take account of the special situation of girls.

Convention No. 182 goes beyond national policy by calling for interna-tional cooperation or assistance in the efforts to implement its provisions,including support for social and economic development, poverty eradica-tion and education. It also provides for broad consultation among govern-ments, workers and employers in the ILO's tripartite structure.

ALL girls AND boys

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Utilizing the supervisory machinery of international instruments: trade unions can report to the ILO Committeeof Experts, the Working Group on Contemporary Forms ofSlavery, and the United Nations Committee for the Rights ofthe Child. In recent years, trade unions in many countrieshave been able to implement some, if not all of these steps.

Campaigning: pressing for enforcement, public education,consumer action, etc.;

Mobilization: forming alliances with others, both within andoutside the labour movement, to press for improved childprotection measures and to advocate children’s right to edu-cation;

TRADE UNIONS

“

”the elimination

OF CHILD LABOUR

CONTRIBUTE TO

BY FIGHTING FORtheir basics

objectives

The capacity of trade unions to perceive and respond to the prob-lem of child labour depends, quite obviously, on their level of organ-ization. But rather than wait until they have built themselves up totake action against child labour, trade unions can use child labourcampaigns as a means of attaining their goals. Indeed, it is theattainment of basic trade union objectives – jobs, increased wages,improved working conditions, no discrimination of any kind inemployment – that can help combat child labour.

The active involvement of trade unions in combating child labourrequires a step-by-step approach which embraces:

1

2

3

4

5

6

7

Investigation: finding the facts at the local and national level,a watchdog role in bringing abuses to light;

Institutional development: establishing sustainable struc-tures like child labour focal points, units, committees, andnetworks with other organisations;

Policy development: developing and updating policies andplans of actions;

Publicizing: publicizing the various forms of agricultural childlabour and those which put children at most risk;

Collective bargaining: ensure in collective bargaining agree-ments a commitment not to employ/use child labour and towork to ensure its elimination;

Monitoring: making sure collective agreements and codes ofconduct are being adhered to;

Raising awareness: workers’ education and public informa-tion activities;

?WHAT CAN BE DONE BYTRTRADE UNIONSADE UNIONS


As in many other countries, inBrazil most child labour is in agri-culture. However CONTAG hasbeen at the forefront of the fightto stop child labour. In 1993, inpartnership with the ILO-IPEC,the union started a "ChildWorkers’ Programme" in 88municipalities where there werelarge numbers of rural workers.

The main objectives of theAction Programme were to pro-duce and disseminate informationconcerning the rights of ruralworking children and to trainunionists to improve provisions incollective bargaining agreementson prohibition of child labour. Theproject produced 10,000 copies ofa booklet on the rights of ruralworking children, provided fivetraining courses for 150 unionleaders and monitors and pro-duced seven highly successful

CONTAG CONTAG CONTAGTHE NATIONAL CONFEDERATION OF WORKERS IN AGRICULTURE (BRAZIL)

Lobbying for ratification of Convention Nos. 129 and 184.

Awareness raising amongst members of parliament,judges, employers, parents and children;

Land reform;

Universal social security;

School scholarship programmes where poor familiesreceive a minimum salary if they keep on sending theirchildren to school;

Including in collective bargaining agreements clausesto prohibit the use of child labour and to protect ado-lescent workers;

CONTAG is the largest agriculturalworkers’ trade union. It coversboth agricultural workers andsmall farmers; membership is cur-rently 9 million. It is affiliated tothe IUF.

THE UNION IS SUGGESTING A SERIES OF MEASURES INCLUDING:

radio programmes aimed atawareness raising. The pro-grammes were aired on CONTAG’snetwork of 160 local radio pro-grammes.

The Action Programme did raiseunion leaders’ awareness aboutchild labour and how to combat it.It also brought together parentsand working children to discussliving and working conditions ofchildren in rural areas. The CON-TAG estimates that 80% of thechildren participating in thesecond national forum of childrural workers were suffering fromhealth problems, such as malnu-trition or musculo-skeletal disor-ders.

This awareness helped theunion in lobbying the Braziliangovernment to ratify theConvention No. 182 (which it didin February 2000). In 2000, a

commission was estab-lished to determine theworst forms of childlabour.

CONTAG’s new chal-lenge is to pressure thegovernment to formulatepublic policies to imple-ment Convention Nos.138 and 182.


INTERNATIONALLEVEL

Using framework agreementsThe International Union of Food, Agriculture, Hotels, Restaurant,

Catering, Tobacco and Allied Workers Association (IUF) has a long his-tory of trying to engage transnational companies in internationalnegotiations to ensure rights throughout the company. In 2001, IUF,along with the Co-ordination of Latin America Banana Workers Unions(COLSIBA), signed a framework agreement with the banana transna-tional Chiquita. The agreement obliges Chiquita to respect core labourstandards including ILO Conventions 138 and 182. The agreement alsoobliges Chiquita to require that its suppliers, contract growers andjoint venture partners respect these same standards.

CocoaIn 2001, following media revelations about the use of child and

forced labour in cocoa production in some West African states, the IUFwas able in conjunction with several non-governmental organizationsto begin talks with the chocolate and cocoa industry. All major inter-ests in the global cocoa and chocolate industry, including the choco-late manufacturers were brought in to the negotiations.

This led to a joint statement which commits the signatories to amajor long-term joint effort to address the worst forms of child labourin the sector. The joint statement also recognizes that child labourdoes not occur in isolation from general conditions and recognizes theneed for action by appropriate parties to improve overall labour stan-dards and access to education. The recognition by the world’s choco-late and cocoa industry of the need to work with trade unions in theindustry, represented through the IUF, raises the chances that this ini-tiative will succeed.

The initiative and the practical activities will be developed around ajoint foundation to be established in mid-2002 and will focus initiallyon West Africa.

Defining sustainable agricultureSustainable development and sustainable agriculture are much-used

phrases. For sometime the IUF has been working, along with the ICFTUand other international trade unions, to get ILO core standards accept-ed as benchmarks/measures of sustainability. There have already beensuccesses in the UN Commission for Sustainable Development. Thisallows trade unions to use the argument that agriculture that relies onchild labour is not sustainable.

PRACTICALACTIONIn Ghana, the General Agricultural Workers Union has been able to

negotiate a collective bargaining agreement (CBA) with the GhanaOil Palm Development Company which contains the following clause:

"The management is committed to the eradication of child labourin and around the plantations, and within the country as a whole.

"The management shall, in conjunction with the Union take nec-essary action to ensure that child labour is absent from within andaround the plantation."

GAWU believes that their CBA allows them the chance to:

Share information with management on child labour issues- at the plantation- around the plantation- in the agricultural sector- within the country

Undertake joint research/studies on child labour

Conduct training and education

Institute rewards and sanction schemes with particularreference to casual, small holders and outgrowers

Deepen awareness about child labour and its manifold linkageswith- the rights of children- the rights of women- workers’ rights- human rights- sustainable development

Unearth the causal linkages between child labour and cost-saving production and management methods- cazualisation- contracting and sub-contracting- non-payment of social security on behalf of casual and

contract workers and care for the aged- piece rate system of remuneration- depressing wagesCampaign and advocate for national legislation and policy formulation.

NATIO

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LEVE

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International Tobacco Growers’Association (ITGA)

International Union of Food,Agricultural, Hotel, Restaurant,

Catering, Tobacco and AlliedWorkers’ Associations (IUF)

JOINT STATEMENT BY THE ITGA AND THE IUF

ng that gives themThe ITGA and the IUF recognise the need to end the use of child labour in thetobacco growing sector and to provide children with an upbringithe best chance to succeed in all aspects of life. The ITGA and the IUF share the view that child labour results from a number offactors including the generally poor social and economic conditions faced by tenantfarmers and labourers. These poor conditions are often compounded as a result ofthe deaths of family members arising from the prevalence of AIDS in ruralcommunities in many developing countries where tobacco is grown.

to the achievement of best practice ind internationally recognized employment

The ITGA and the IUF are jointly committed relation to both agricultural production anstandards and workers’ rights.The ITGA and the IUF agree that the needs of each country differ and local solutionsshould be found within a framework including the following principles:• Children have right to schooling, a full family life and a safe and healthy

upbringing• Children under the minimum legal age or under the age recognized by the

relevant ILO Convention should not be employed in the production of tobacco leafBecause many tobacco enterprises are family-run, it may be possible that childrentake part in routine chores as part of family life. However this must not extend topotentially hazardous tasks using machinery and crop chemicals.

their members to develop a researchthe general social and economic standards

The ITGA and the IUF will work closely withprogramme that covers child labour and of tenant farmers and labourers.

ssues may be difficult to resolve in thelong-term commitment from all parties

The ITGA and the IUF recognise that these ishort-term and will therefore require a concerned.The ITGA and the IUF agree to seek to establish a joint programme of research,information exchange and action in order that internationally recognized standardscan be fostered in countries where tobacco and related crops are grown. Prioritycountries and a timetable for this programme will be developed and announced at alater date. This programme will include joint activity in relation to AIDS awarenessand prevention programmes.

For the ITGA: For the IUF:Antonio Abrunhosa, Ron Oswald,Executive Director General SecretaryITGA IUF

Witnessed on behalf on the International Labour Office (ILO):

Kari Tapiola,

Executive Director for Fundamental Principles and Rights at Work. Date: 10/6/1999

Consumers – ethical and fair tradeThere have been many consumer initiatives relating to the elimina-

tion of child labour. These have led to major retailers, especiallysupermarkets trying to find ways to inspect and monitor their supplychains. In the best cases they look not just for child labour but forapplication of all core labour standards and more, especially healthand safety provisions.

Recent schemes include the UK-based Ethical Trading Initiative –where trade unions, companies and non-governmental organizationswork together to try to establish best practice in monitoring supplychains and getting compliance with the ETI’s base code.

Fair Trade Fair trade is also based on ILO standards but in addition gives a

specific commitment to ensure a fair return to the producer. To pro-vide this, consumers are asked to pay a slightly higher price, whichthen goes back to the producer - be it a small farmer or plantationworker.

INTE

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ACTRAV ACTRAV ACTRAVAs the main link between the International Labour Office and

workers, the Bureau for Workers' Activities (ACTRAV) coordinatesall the activities of the Office related to workers and their organi-sations, both at headquarters and in the field.

ACTRAV's mission is to maintain close relations with the tradeunion movement throughout the various countries of the world, toprovide trade unions with the support of the International LabourOffice in endeavours to strengthen their influence by promotingactivities which defend and advance the rights of workers.

In addition to ACTRAV staff at the Geneva headquarters of theInternational Labour Organisation, Regional Specialists on WorkersEducation are active in Africa, Asia and Latin America, and SeniorSpecialists on workers’ activities have been posted to form part ofmulti-disciplinary teams (MDTs) in the field.

THE ILO BUREAU FOR WORKERS’ ACTIVITIES (ACTRAV)

ACTRAV:

ensures that ILO projects and programmes address theneeds of workers and their organisations and to pro-mote the active involvement of trade unions in theactivities of the ILO.

is the link between the International Labour Office andone of its key stakeholders: the trade union movement

ensures that the concerns of trade unions are incorpo-rated into all the activities of the International LabourOfficeenables trade union organizations to make full use ofthe potential of the Office

enables the Office to count on the support of tradeunions in promoting and attaining its goals

The 2002/2003 ACTRAV document on Strategic Planning insiststhat the "Capacity of workers' organisations is strengthened to dealwith the issues of social protection including working conditions,social security and OSH… Gender equality, child labour andHIV/AIDS are given top priority."

As well as its regular-budget activities, ACTRAV manages a num-ber of projects funded by external donors. Most projects are at thenational level, some are regional or inter-regional.


Child labour undermines the bargaining power of trade unions.Working children represent a plentiful source of cheap labour. This con-tributes to the depression of wages and leads to the weakening of tradeunions’ ability to negotiate improvements in workers’ wages and condi-tions of service.

Workers’ organizations are logical leaders in discovering and fightingchild labour at the local, national and international level. Trade unionscan and must assert the right of workers to adequate remuneration,reducing poor families’ dependency on child labour. Workers’ organiza-tions have access to large numbers of adult workers and their families.Trade unions have a role to play in collective bargaining and in socialmobilization efforts at the national and international levels.

The ACTRAV project “Developing National and International TradeUnion Strategies to Combat Child Labour” has as its main objective tostrengthen the ability of trade union organizations to start the processof developing trade union policy and action plans to combat childlabour. In the beginning, the project focussed on close cooperation withthe Global Union Federations (formerly referred to as InternationalTrade Secretariats) and other international trade union organizations.Campaigns, awareness-raising workshops, research and action planswere carried out. From 2000 onwards, national centres of trade unionswere approached in order to start the process of awareness raising, pol-icy making and action planning at national and regional levels.

CHILDRENOUTOFWORK…and into school

out of

work

USING ILO STANDARDS TO COMBAT CHILD LABOUR

• International labour standards - the core standards

• Guidance for the use of the two main ILO child labour conventions

• Other international instruments that can help inthe fight against child labour

THE TRIPARTITE STRUCTURE TO COMBAT CHILD LABOUR

• The role of the social partners in combatting child labour

• Building alliances and networks with othergroups concerned to combat child labour

• Specific ILO departments and their activities to combat child labour

Booklet 5

Booklet 6

Booklet 7


The booklets are available at ILO/ACTRAV Geneva.On the web:http://www.ilo.org/public/english/dialogue/actrav/genact/child(training and campaign materials/ trade union manuals on child labour)

E-mail: [email protected]@ilo.org

Address: Bureau for Workers’ Activities/International Labour Office4, route des MorillonsCH-1211 Geneva 22Switzerland

I N F O R M A T I O N

A GUIDE TO THE WHOLE SEVEN BOOKLET FOLDER

UNION POLICIES AND ACTION PLANS TO COMBAT CHILD

LABOUR

• Child labour as a trade union issue• A framework for trade union action• Development of trade union policy• Establishing priorities and action plans

FACT FINDING AND INFORMATION ABOUT CHILD LABOUR

• Where to obtain existing data on child labour• Methods trade unions can use to compile their

own data.• Information need for action

CAMPAIGNING AGAINST CHILD LABOUR

• Campaign issues and different levels of action• Developing sustainable campaigns

Booklet 1

Booklet 2

Booklet 3

Booklet 4

A seven booklet folder to support trade unions intheir fight against child labour has been developedthrough a collective process by trade unionists in thefield. The initial draft was used in several workshops inAfrica and Asia before the final editing process.

COLLECTIVE BARGAINING TO COMBAT CHILD LABOUR

• How trade unions can use collective bargaining tocombat child labour

• Different levels of trade union activity• Tools to take action in the area of collective

bargaining at their level of participation• Information on other international initiatives


Convention No. 182, while acknowledging the important con-tributions from NGOs and civil society in general in the strug-gle against child labour, re-emphasised the key role that tradeunions and employers’ associations are expected to play in therapid elimination of the worst forms of child labour.

The organisations of employers and workers are alreadyplaying an important role in the National Steering Committeesof IPEC MoU (Memorandum of Understanding) countries. Thisrole - in particular where it relates to their influence on nation-al child labour policy and labour market policies in general - isalready a very important contribution.

IPEC’SAIM IS TO“

”CHILD LABOUR

world-wide

Workers’ and employers’ organisations are particularly well placed toallow members, private citizens, companies and corporations, and the pri-vate sector as a whole, to make positive contributions towards the struggleagainst child labour. IPEC will explore with ACT/EMP (ILO Bureau forEmployers’ Activities) and ACTRAV (ILO Bureau for Workers’ Activities)how such examples could be multiplied, and perhaps expanded to the glob-al level.

ILO-IPEC’s aim is the progressive elimination of child labour world-wide, emphasising the eradication of the worst forms as rapidly aspossible.

The political will and commitment of individual governments toaddress child labour – in alliance with employers’ and workers’organizations, non-governmental organizations, and society actors– is the foundation for ILO-IPEC action. Since its inception in 1992,IPEC programmes in more than 60 countries have had considerableimpact in both removing hundreds of thousands of children from theworkplace and raising general awareness of the scourge of childlabour.

IPEC has a strong presence in the three regions most affected bychild labour – Africa, Asia and Latin America. IPEC works with localpartner organizations to develop and implement measures whichaim at preventing child labour, withdrawing children from hazardouswork and providing alternatives to them and their families, andimproving working conditions as a transitional measure towards theelimination of child labour.

Among the strengths of IPEC’s work are the solid research, analy-sis and evaluation efforts which complement its country programmeand campaigning functions and which help reinforce ILO’s role as aglobal clearing house for child labour information and legal expert-ise.

IPEC’s statistical research on the scope of child labour is theresponsibility of the Statistical Information and MonitoringProgramme on Child Labour (SIMPOC).

The policy framework for IPEC is based on the Declaration onFundamental Principles and Rights at Work, adopted in 1998, alongwith the Minimum Age Convention 138 (1973) abolishing child labourand Convention 182 (1999) eliminating and prohibiting the worstforms of child labour. Eradicating the worst forms of child labour,such as slavery, forced labour, trafficking, debt bondage, serfdom,prostitution, pornography, and various forms of hazardous andexploitative work, is an important first step in the wider effort toeradicate all child labour and, thus, a principal concern and focus ofIPEC.

INTERNATIONAL PROGRAMME ON THE ELIMINATION OF CHILD LABOUR

IPEC IPEC IPEC

eliminate

www.ilo.org/childlabour


ECLT Foundation work and principlesThe largest use of child labour worldwide takes place in the agricultural

sector and tobacco growing has its share. Rural children, in particular girls,tend to become economically active at an early age. These children are notonly exposed to health risks associated with rural poverty but also thoseassociated with agricultural work. Overall, the effects for children are:

• denial of their human rights and well-being;• deprivation of their right to health, safety, education and overall

childhood;• denial of a decent future.

To combat this reality, the ECLT Foundation will support and fund localand community-based initiatives in order to raise awareness and fight prag-matically and with hands on projects against child labour. These projectsneed to be based on relevance, feasibility, cost-effectiveness and sustain-ability. Monitoring will play an important role as well. The ECLT Foundationis convinced that the most efficient way to be successful in fighting childlabour is to build broad and effective alliances of partners on the ground:these include the ECLT Foundation Board members’ affiliates as well asrepresentatives of the civil society involved in the issue of child labour,namely NGOs, community and religious leaders, women’s and teacher’sassociations and representatives from governments and UN bodies, suchas the ILO and UNICEF. The Foundation’s priority areas are Eastern andSouthern Africa as well as Latin America.

In parallel to supporting locally based projects and initiatives, the ECLTFoundation will also launch and finance independent research with variousinstitutes in order to better identify the reality of child labour on theground and thus to improve its response capacity.

The ECLT Foundation cannot and will not substitute for government edu-cation programmes. However it will be able to fill specific gaps in providinglocal education in tobacco growing areas. It cannot wipe out the povertythat is the main cause of child labour but will try to help raise working con-ditions of the tobacco workers and small farmers. It cannot substitute fora public health system to fight AIDS but will contribute through educationwhere AIDS is a major cause of child labour in tobacco growing.

ELIMINATE CHILD LABOUR IN TOBACCO FOUNDATION (ECLT)28 Rue du Village, CH-1214 Vernier, GenevaSwitzerlandTel: +41 22 306 1444E-mail: [email protected]: www.eliminatechildlabour.org

The ECLT Foundation (Eliminate Child Labour in Tobacco) was founded inOctober 2001 in Geneva, Switzerland. It is the result of an innovative ini-tiative and coalition of forces.

BackgroundIn 1999, the International Union of Food, Agricultural, Hotel, Restaurant,

Catering, Tobacco and Allied Workers Associations (IUF) signed a state-ment with the International Tobacco Growers Association. This statement,which was witnessed and fully supported by the International LabourOrganisation (ILO), recognized the need to contribute to the elimination ofthe use of child labour in the tobacco growing sector in order to providechildren with an upbringing that would give them the best chance to suc-ceed in all aspects of life. Two basic principles were stated:

• that children have the right to schooling, a full family life and asafe and healthy upbringing;

• and that children under the minimum legal age or under the agerecognised by the relevant ILO Convention should not be employedin the production of tobacco leaf.

Shortly after, a tobacco company, British American Tobacco, joined inwhat was to become the first ever-global initiative to fight against childlabour in tobacco growing. In October 2000, a conference was held inNairobi by the three founding partners of this initiative as well as a highlevel representative of the ILO. The foundations were laid for ongoing col-laborative work to eliminate child labour and for widening the network ofpossible new partners.

One year later, in October 2001, the ECLT Foundation was established.Beside the three founding members, new partners from the corporate sec-tor have joined in: Gallaher Group, Imperial Tobacco, Japan TobaccoInternational, Philip Morris and Scandinavian Tobacco. The three majorinternational leaf processing companies (Dimon, Standard Commercial andUniversal Leaf) have also become members of the ECLT Foundation, ofwhich the ILO is the key advisor. Despite sometimes opposite interests,these various sectors of the tobacco industry, representing agriculturalwaged workers, growers and the private sector, have joined in the sameeffort to fight for a common cause: to eliminate child labour.

ECLT ECLT ECLTELIMINATE CHILD LABOUR IN TOBACCO


ever rate of ratifications in the his-tory of the ILO. By March 2002, 117countries had ratified.

Convention No. 182 covers all girlsand boys under the age of 18 anddoes not allow for the exclusion ofany economic sectors or categoriesof workers. It calls for "immediateand effective measures to securethe prohibition and elimination ofthe worst forms of child labour as amatter of urgency".

Convention No. 182 defines theworst forms of child labour as: (a)slavery and forced labour, includingchild trafficking and forced recruit-ment for armed conflict; (b) childprostitution and pornography; (c)production and trafficking of drugs;and (d) work likely to harm thehealth, safety or morals of children.The Convention leaves it to nationalgovernments to determine theexact types of work to be prohibitedas hazardous work under item (d)above – this should be done afterconsultation with employers’ andworkers’ organizations and takinginto consideration relevant interna-tional standards.

The Convention requires ratifyingStates to design and implementprogrammes of action to eliminateexisting child labour and to preventnew instances. Such measuresshould include the rehabilitationand free education or vocationaltraining for the children concerned.

1919 First Convention onChild Labour

1973 Minimum AgeConvention (No. 138)

Minimum AgeRecommendation (No. 146)

1999 Worst Forms of Child LabourConvention (No. 182)

Worst Forms of Child LabourRecommendation (No. 190)

2001 Convention on Safety and Health in Agriculture (No. 184)

1930 Forced LabourConvention (No. 29)

1989 UN Convention on theRights of the Child

Recommendation on Safety and Health in Agriculture (No. 192)

One of the most important toolsavailable to the ILO in the fightagainst child labour is the adoptionof International Labour Conven-tions and Recommendations. TheILO adopted its first Convention onchild labour in 1919, the year of itsfoundation. Over the years, a fur-ther nine Conventions on the mini-mum age of admission to employ-ment were adopted, coveringamong others agriculture and fish-ing. The most recent and compre-hensive ILO standards on childlabour are the Minimum AgeConvention, 1973 (No. 138), and itsaccompanying Recommendation(No. 146), and the Worst Forms ofChild Labour Convention, 1999 (No. 182) and its accompanyingRecommendation (No. 190).

The Minimum Age Convention(No. 138), supplemented by Re-commendation No. 146 requiresratifying States to pursue a nation-al policy to ensure the effectiveabolition of child labour, and toprogressively raise the minimumage for employment or work. TheConvention is a flexible anddynamic instrument setting vari-ous minimum ages depending onthe type of work and level of devel-opment of the country concerned.Since the Convention covers allsectors of the economy andemployment as well as work, thereare several clauses allowing flexi-

bility, for example: a possibility toexclude limited categories such asfamily undertakings or the exclu-sion of some kinds of work carriedout in the framework of educationor training. The first principle ofthe Convention is that the mini-mum age should not be less thanthe age for completing compulsoryschooling, and in no event less thanage 15, and that the minimum ageshould be progressively raised to alevel consistent with the fullestphysical and mental developmentof young persons. Unfortunatelymany governments exempt smalland family farms from the provi-sions of Convention No. 138.

The ultimate objective ofConvention No. 138 is the effectiveabolition of child labour; as such itis a key instrument of a coherentstrategy against child labour, whilstRecommendation No. 146 providesthe broad framework and essentialpolicy measures for both the pre-vention and elimination of theproblem.

In June 1999 the InternationalLabour Conference unanimouslyadopted a new Convention dealingwith the issue of child labour. TheWorst Forms of Child LabourConvention, (No. 182) reflects glob-al consensus that there should bean immediate end to the worstforms of child labour – theConvention is recording the fastest

INTERNATIONAL LEGISLATION&CHILD LABOUR


CONV

ENTIO

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2 Worst Forms of Child Labour - 1999Article 3

For the purposes of this Convention, the term the worstforms of child labour comprises:

(a) all forms of slavery or practices similar to slavery, suchas the sale and trafficking of children, debt bondage and serf-dom and forced or compulsory labour, including forced orcompulsory 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 per-formances;

(c) the use, procuring or offering of a child for illicit activi-ties, in particular for the production and trafficking of drugsas defined in the relevant international treaties;

(d) work which, by its nature or the circumstances in whichit is carried out, is likely to harm the health, safety or moralsof children.

CONV

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4Safety and Health in Agriculture, 2001Article 16

1. The minimum age for assignment to work in agriculture whichby its nature or the circumstances in which it is carried out is like-ly to harm the safety and health of young persons shall not be lessthan 18 years.

2. The types of employment or work to which paragraph 1applies shall be determined by national laws and regulations or bythe competent authority, after consultation with the representa-tive organizations of employers and workers concerned.

3. Notwithstanding paragraph 1, national laws or regulations orthe competent authority may, after consultation with the repre-sentative organizations of employers and workers concerned,authorize the performance of work referred to in that paragraphas from 16 years of age on condition that appropriate prior train-ing is given and the safety and health of the young workers arefully protected.

Convention No. 182 did not reviseor replace Convention No. 138,which remains the bedrock ofnational and international action forthe total abolition of child labour.They complement each other:Convention No. 182 focuses on theworst forms as a priority target,while Convention No. 138 sets forththe ultimate objective of the effec-tive abolition of child labour, andalso clarifies what should be tackledas child labour by providing for theminimum age standards.

Article 16 of the Convention onSafety and Health in Agriculture(No. 184) reflects the provisions ofConventions 138 and 182 in relationto hazardous work; it states that theminimum age for assignment tohazardous work in agriculture shallbe 18 years. This is an example ofthe consistency of the ILO approachon this issue and reflects growingglobal awareness of the problems ofchild labour.

Another ILO Convention that iscrucial in protecting childrenagainst some of the worst forms ofexploitation is the Forced LabourConvention, 1930 (No. 29), which isone of the most fundamental andwidely ratified Conventions of theILO.

The Minimum Age Convention (No. 138), the Worst Forms of ChildLabour Convention (No. 182) andthe Forced Labour Convention (No. 29) are all considered to becore Conventions of the ILO and areincluded within the scope of the ILODeclaration on FundamentalPrinciples and Rights at Work, which

was adopted by the InternationalLabour Conference in 1998. TheDeclaration recognizes that certainILO Conventions express principlesand rights that are fundamental tothe ILO Constitution and theDeclaration of Philadelphia, towhich all Member States commitwhen joining the ILO. The principlesand rights included in theDeclaration are freedom of associa-tion and the right to collective bar-gaining (Conventions 87 and 98),the elimination of all forms of forcedor compulsory labour (Conventions29 and 105), the effective abolitionof child labour (Conventions 138 and182), and the elimination of discrim-ination in respect of employmentand occupation (Conventions 100and 111). The Declaration states thatall Members have an obligation topromote and realize the principlesexpressed in these Conventionsregardless of whether or not theyhave been specifically ratified.

A good number of other interna-tional treaties are relevant to childlabour. Foremost among these is theUN Convention on the Rights of theChild, 1989. The Convention seeks toprotect a wide range of children’srights, including the right to educa-tion and the right to be protectedfrom economic exploitation. ThisConvention is the most ratified inhistory, with all but a few countrieshaving now adopted it.


Elimination of Child Labour: A HandbookCompiled and Edited by Reny Jacob and Nisha Cairae, Published by SteeringCommittee All India Teachers' Campaign for Eradication of Child Labour, ALACHE,AIFTO, AIPTF, AISTF, in cooperation with Education International and ILO/ACTRAV,April 2001Available in PDF format at:www.ilo.org/public/english/dialogue/actrav/genact/child/part4/publ/publ1.htm

ILO Declaration on Principles: a New Instrument to Promote Fundamental RightsA workers' educational guide prepared by Monique Cloutier from The Bureau forWorkers' Activities, International Labour Office, Geneva, 2000Available in English, French, Spanish, Portuguese, Arabic, Russian

Also available at:www.ilo.org/public/english/dialogue/actrav/genact/child/index.htm#Conventions and RecommendationsCodes of conduct as a tool for elimination child labourThe UN Convention on the Rights of the Child

The International Labour Office publicationsChild Labour Briefing MaterialPublished by the International Training Center, International Labour Organization,Turin, 2000Available in English onlyWeb site: www.itcilo.it

Action Against Child LabourEdited by Nelien Haspels and Michele Jankanish, 2000 xv+334 pp.ISBN 92-2-110868-6

Child Labour: Targeting the IntolerableInternational Labour Conference, 86th Session, 1998. Report VI, Part 11996, iv+127 pp.ISBN 92-2-110328-5Also available in French, Spanish, German, Arabic, Russian, Chinese and Italian

I am a child [videorecording]International Labour Organization, Geneva1996, 52 minuteVHS PAL: ISBN 92-2-110373-0VHS NTSC: ISBN 92-2-110374-9Also available in French, Spanish, Italian, Japanese and German

Shackled children [videorecording]International Labour Organization, Geneva1993, 52 minuteAlso available in French, Spanish

Investigating the worst forms of child labourIPEC projects

ILO / ACTRAV publicationsTrade Unions Campaign Against Child Labour (Leaflet)Training and campaign materialsAvailable in English, French, Spanish, Arabic, Khmer, Mongolian, Thai, TanzanianAvailable in PDF format at: www.ilo.org/public/english/dialogue/actrav/genact/child/part3_c/leaf.htm

Project on Combating Child Labour (Posters, stickers and bookmarks)Available in English, French, Spanish, ArabicAvailable in PDF format at:www.ilo.org/public/english/dialogue/actrav/genact/child/part4/publ/publ1.htm

Trade Unions and Child Labour: children out of work and into school, adults into work Developing National and International Trade Unions Strategies to Combat ChildLabour Project INT/96/MO6/NOR, Bureau for Workers' Activities, International LabourOffice, Geneva: ILO, 2000 1 portfolio (7 bookelets)Available in PDF format at:www.ilo.org/public/english/dialogue/actrav/genact/child/part4/publ/publ1.htm

Trade Unions & Child Labour, Trade Unions Briefing on Convention 182 Developing National and International Trade Unions Strategies to Combat ChildLabour Project INT/96/MO6/NOR, Bureau for Workers' Activities, International LabourOffice, Geneva: ILO, 2000Available in FrenchAvailable in PDF format at:www.ilo.org/public/english/dialogue/actrav/genact/child/part4/publ/publ1.htm

Say No to Child Labour!: children belong in school, adults in the workplace: guidelinesfor trade unions in collecting background information on child labourDeveloping National and International Trade Unions Strategies to Combat ChildLabour Project INT/96/MO6/NOR, Bureau for Workers' Activities, International LabourOffice, Geneva: ILO, 2000Available in PDF format at:www.ilo.org/public/english/dialogue/actrav/genact/child/part4/publ/publ1.htm

Child Labour in Agriculture: a survey of national legislation [by Suzanna Nola and revised and updated by Steve G. Bosnick]; Developing Nationaland International Trade Unions Strategies to Combat Child Labour ProjectINT/96/MO6/NOR, Bureau for Workers' Activities, International Labour Office, Geneva:ILO, 2000Available in PDF format at:www.ilo.org/public/english/dialogue/actrav/genact/child/part4/publ/publ1.htm

Trade Unions Action against Child Labour: Brazilian Experience Brasilia, DF, Brazil, ACTRAV, International Labour Office, 1997Available in PDF format at:www.ilo.org/public/english/dialogue/actrav/genact/child/part4/publ/publ1.htm

@RESOURCESLIST


The ICFTU has launched a new worldwide campaign to stop child labour. To make thiscampaign work, you and your union need to be actively involved. Here are some waysyou can support the campaign: activities, petition, press, poster, flyer, documents, con-gress statement, contact and links.www2.icftu.org/focus.asp?Issue=childlabour&Language=EN

WebsitesUnited Nations Children's Fund (UNICEF)www.unicef.org

International Labour Organization (ILO)www.ilo.org

International Programme on the Elimination of Child Labour (ILO-IPEC)www.ilo.org/childlabour

International Confederation of Free Trade Unions (ICFTU)www.icftu.org/www.icftu.org/focus.asp?Issue=childlabour&Language=EN (Campaign to STOP Child Labour)

World Confederation of Labour (WCL)www.cmt-wcl.org/en/pubs/childl.html

The Global Unionswww.global-unions.org

Human Rights Watchwww.hrw.org/children/

Eliminate Child Labour in Tobacco (ECLT)www.endchildlabour.org

The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)www.fieldsofhope.org

The following publications are currently available from the International Programmeon the Elimination of Child Labour (IPEC). Please contact [email protected] torequest copies, or check the IPEC web site, www.ilo.org/childlabour, after March 1st2002 to view the full reports. The additional 21 reports that complete the IPECproject investigate the worst forms of child labour through 38 rapid assessmentswill be produced and made available by July 2002.Tanzania: Children Working in Commercial Agriculture- Coffee: A Rapid AssessmentChildren Working in Commercial Agriculture- Tea: A Rapid AssessmentChildren Working in Commercial Agriculture- Tobacco: A Rapid Assessment

The International Union of Food, Agricultural,Hotel, Restaurant, Catering, Tobacco and AlliedWorkers’ Associations (IUF)PUBLICATIONSHow to Ratify & Use ILO Convention No 184 on Safety & Health in Agriculture, aCampaign GuideIUF Health, Safety and Environment Training Manual for Agricultural Workers,Section 6, 2002

Child Labour Statement, Resolution on Child Labour, Code of Conduct for the TeaSector www.iuf.org/iuf/ChildLabour/index.htm

Good Food, Safe Work: trade unions and sustainable development (2000)

Editorials from the IUF bulletinwww.iuf.org/iuf/editorials/index.htm

The International Confederation of Free TradeUnions (ICFTU) PUBLICATIONSCombating the Unacceptable: video on efforts to tackle worst forms of child labour[videorecording]International Confederation of Free Trade Unions (ICFTU), Brussels2002, 30 minuteTo preview an 8 minute extract of the video: www.icftu.org/displaydocument.asp?Index=991214790

Parts of this booklet may be reproduced and/or copied on condition thatthe source is indicated.

CONTACTS

INTERNATIONAL LABOUR OFFICE (ILO)Bureau for Workers’ Activities (ACTRAV)4, route des Morillons, CH-1211 GENEVA 22Telephone: +41 22 799 70 21Telefax: +41 22 799 65 70Web site: www.ilo.org/public/english/dialogue/actrav/index.htmE-mail: [email protected]

DEVELOPING NATIONAL AND INTERNATIONAL TRADE UNION

STRATEGIES TO COMBAT CHILD LABOUR

Project (INT/00/M17/NOR)Telephone direct: + 41 22 799 6234E-mail direct: [email protected]: www.ilo.org/public/english/dialogue/actrav/genact/child

INTERNATIONAL UNION OF FOOD, AGRICULTURAL, HOTEL,RESTAURANT, CATERING, TOBACCO AND ALLIED WORKERS'ASSOCIATIONS (IUF)Rampe du Pont-Rouge 8, CH-1213 GENEVATelephone: +41 22 793 22 33Telefax: +41 22 793 22 38Web site: www.iuf.orgE-mail: [email protected]

images, courtesy of ILO published 2002

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