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Le Travail des enfants


par Aude Cadiou
Université de Nantes - DEA de droit privé 2002
  

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SECTION II  :
Importance of the social mobilization in the fight against the child work

The social mobilization has undoubtedly a key role to play in the fight against the child work in the world. Indeed, the abolition of the economic exploitation could not be done without a broad consensus in the world opinion. Nevertheless, this mobilization, as sincere as are its reasons, can sometimes have perverse effects, in particular as regards boycotts of products manufactured by the products (Paragraph I). It remains however, an essential factor to make evolve/move the situation of these children (Paragraph II).

Paragraphe I  :
The boycott of the products resulting from the child work :
a false solution

The boycott of the products manufactured by the children is an undeniable tool of pressure. International engagement and the pressures which accompany it are without any doubt useful. However, the sanctions touch only exporting industries which do not exploit, contrary to certain generally accepted ideas, which a relatively small percentage children. Exporting industries are the most visible sector in which the children work. The soccer balls manufactured by the children in Pakistan to be used by the children in the industrialized countries are without any doubt emblematic. Nevertheless, one should not forget tens of million children who work in the sectors not centered on export. In fact, only a very small percentage of the hard-working children are employed in industries of export, probably less than 5%. Nevertheless, the testimony of small Iqbal Masih, former Pakistani slave assassinated in 1995, had revealed the true face of the manufacture of carpet in Pakistan. The result had been immediate : the sales turnover of the export of the carpets in Pakistan fell vertiginously. For this case, the effect of the boycott had been very interesting, since under the international pressure, and especially of the fall of the sales turnover, the Association of the manufacturers and exporters of carpet of the country agree to sign in 1998 an agreement with the ILO, concerning the withdrawal of 8.000 children of work.

Of course, it is not a question of saying « let us buy French » or « especially let us not buy as soon as one sees made in Clouded or made in Bangladesh ». It is not a question to boycott Chinese products to sanction second once of the Chinese workmen who, not only do not have freedom on the place of work, but which moreover would lose their employment because they would not have any more outlets.

The boycott is indeed a weapon with double edge which it is necessary to use with much prudence. The long-term consequences of these sanctions are not always foreseeable and one is then likely to make more evil than good with the children. The history of the bill Harkin is completely revealing dangers of the boycott. This project, presented at the American Congress in 1992, of which the goal was to prohibit the importation of products manufactured by the children of less than 15 years, had caused a true panic in the industry of clothing in Bangladesh which exports 60% of its production towards the United States. Before even the adoption of this text, the factories returned day to the following day the 500.000 hard-working children, who were for the majority of girls. A study sponsored by international organizations sought some of these children to learn what had arrived to them after their dismissal : a great part of them were devoted to other activities often more dangerous and less better paid, even with the prostitution. This project is the perfect illustration of the good intentions of the international community which can make much more evil with the children than of good. This example should be included/understood that because of the potential danger that any sanction contains, it is each time advisable to evaluate of them the short-term and long-term effects on the life of the children.

It seems more suitable, and less dangerous, to conclude with the companies from the charters from good control. Campaigns, going in this direction saw the day in the middle of the years four twenty ten in Europe, on the initiative of organizations of consumers, trade unions and nongovernmental organizations (ONG). These campaigns, called « Ethics on the label » in France, prefer with the boycott, the public interpellation of the marks so that they adopt a code of conduct, together with independent controls, which implies necessarily the end of the relations with the subcontractors who violate the social rights. In connection with these campaigns, of the surveys showed that the consumers were ready to pay a possible overcost to avoid the child work. However, it is not obligatorily to the consumers to pay expensive, but with the intermediaries to gain a little less. If one studies the composition of the cost price of a shoe of Nike sport for example sold 53 euros, the price of labor is established to 1.72% is 1 euro. On the other hand the expenses of publicity represents 4.58% either 2.5 euros and the share of the retailer to 39.88% or 21 euros48(*). It is thus seen that while reducing this would be only third the share publicity, and by transferring this third in the form of wages, one would double the versed wages.

However, even if many companies included/understood the interest of such a charter for their image, they did not accept all the same rules. Some adopted a code written by ONG, but of others chose internal charters suspected by ONG of partiality and whose controls comprise sometimes important gaps. The ILO analyzed 215 codes of conduct and only half approached the child work, and a quarter the forced labor. Moreover the adoption of a code of conduct its effective application does not guarantee at all. The public engagement of the companies is thus still lacunar and for this reason ONG have creates the social labels.

The social labels constitute alternate circuits of consumption : ONG select products manufactured under respectful conditions of rights social and bought to small producers of the Third World at a reasonable price, which enables them to leave poverty. The goal is to reverse the current trade founded on the exploitation of the Third World, to establish relations of equitable trade aiming at supporting its development. These products are then marketed in the rich countries under specific labels. This type of policy is spreading itself throughout the world. The Abrinq foundation, group of almost 2.000 homes of businesses and manufacturers of toys which was constituted in 1990 to defend the rights of the child, decree a special label « friend of the children » at the companies which prove that with any stage production did not have recourse to the child work. During the first ten months of the program, 150 companies deserved the approval of Abrinq. Mr. Magri, coordinator of the programme of granting of the label is astonished itself by the success of this label : « We did not hope only in if little time, the companies not only would agree not to employ childish labor, but would also exert pressures on their suppliers so that they make some in the same way ».

From now on certain multinationals developed strategies to improve the practices of employment at the local level, asserting in certain cases the right to cancel, without allowance, of the orders carried out with childish labor. The question of the child work thus becomes impossible to circumvent for industries making trade with the developing countries.

It is at the international level that one is likely the most to influence the behavior of these companies. A debate currently makes rage on the advisability of integrating in the rules of the world Organization of the trade a social clause setting the minimal standards of behavior to open with the companies the right to make deals on a worldwide scale. In the number of the conditions prohibition would appear to employ children. However, one should not which this social clause generates the same perverse effects as the boycott. The children should not have to suffer from the goodwills of the rich countries. It is necessary thus that these social clauses are generalized, but that true alternatives are proposed to the families and the children so that the child work can disappear one day. Nevertheless, these sanctions or these incentives, even if they do not attack the essential cause of the child work who is poverty, are directed against the contractors profiting from the economic exploitation of the children. They thus have the advantage of attacking one of the principal causes of the child work : the search for profits increasingly larger on behalf of not very scrupulous contractors.

However, the social mobilization necessary to any action against the child work is not limited to financial or commercial sanctions.

* 48 source CFIE, quoted in the booklet, «  Play the game, save the humans right  », published by the Collective «  Ethics on the label  », January 1998.

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