Paragraphe II
:
Need for creating a broad social consensus
against the child
work
The social mobilization is a decisive step which guarantees an
engagement favorable to the change. During the twentieth century, the social
mobilization was used of many manners to achieve goals as different as the
application from the laws concerning the racial and sexual equality, or as a
change voluntarily agreed in favor of the environmental protection. Currently,
the term of social mobilization indicates such a variety of actions of groups
that the area of agreement on its exact significance is very reduced.
Nevertheless, everyone agrees to affirm that any social mobilization aiming at
a lasting change and permanent requires : a determination and an
engagement to change ; a consecutive action with an awakening ; a
dialog and a negotiation which support the respect of the differences and the
coordination of the efforts.
The Eighties and Nineties were remembered by the awakening of
the civil company to the child work, at one time when the world more largely
took conscience than the economic exploitation of the labor of the Third World
was one of the conditions of the globalisation of the economy. The wide-area
networks were then devoted to the sensitizing of the opinion. During ten last
years, the question of the child work became a topic dominating over the
international scene. At the same time, associations of consumers engaged on the
social plan, the union action, the creation of the international Program for
the abolition of the child work (IPEC) and the establishment of strategic
partnerships with of ONG contributed to raise the indignation of the public
against the exploitation of the children. Increase in the number of
organizations militant in favor of abolition of work of the children, the
public discussion and the attention of the media, the initiatives taken by
industries such as « codes of conduct » are as many answers
to a major awakening : the exploitation of the children is a violation of
their most fundamental rights. The social mobilization is worth by the impact
of its action, which exceeds the sum of the various initiatives taken, and by
the engagement of all the levels of the company for a common objective. The
various initiatives and spontaneous catches to restrict the child work are rich
of teaching for the preparation of a planned social mobilization. To be able to
contribute to the movement against the child work, the currently made efforts
must be integrated in a vaster process, voluntarily directed which is based on
social alliances. However, without the collaboration and the will of the
governments, there are hardly chances that the initiatives of the social
mobilization are crowned success or produce lasting changes. Indeed, the social
mobilization should not serve only to move the public opinion by the situation
as these children, but especially to improve this situation concretely.
Moreover, the action of the Western consumer can relate to only one minority of
active children, those which concern the international trade. This is why, it
is necessary to act as priority on the spot, on the other forms of work.
It is in the countries concerned that the social mobilization
must be done. On the spot, it is necessary well to include/understand which
types of changes are necessary to the various levels, which are the principal
social actors, their assets and their points of view. It is only by making this
step which one will be able to make move back the child work ; it is
essential when one prepares a campaign against the domestic exploitation of the
children, that the principal partners are associated this countryside. ONG
local, associations of domestic employees, the local female organizations, the
children who work like domestic employees, the media and the local businessmen
must be integrated into this action. Indeed, the dialog is in the middle of the
social mobilization, the exchanges of information and of experiments are the
angular stones of any communication worthy of this name. It is indeed very rare
that an imposed intervention of outside, without discussion nor debate, that is
to say included/understood and accepted by the people that it is supposed to
help. However, to engage a dialog and to introduce a change with those which,
intentionally or by ignorance, perpetuate the child work, constitute a
challenge of size. Nevertheless, one cannot truly commit oneself bringing a
change without taking account of the point of view of the employers who, often,
regard themselves as the benefactors of the children of the poor families that
they employ. Those which stick firmly to positions of principle against work of
the children must agree to dialog and negotiate with those which are convinced.
The private sector plays indeed today an increasingly crucial part in the field
of the development and in particular in the abolition of the child work.
Because of their contribution to the economic development of their country and
communities in which they are installed, the employers must be sensitized with
the effects of their actions on the development of human resources. According
to practices' which they follow as regards work, they can delay or accelerate
the development of the policies of fight against the child work.
It is thus necessary to render comprehensible with the
employers, in particular with the owners of small companies, that while putting
an end to their dependence with respect to the child work and while taking a
care particular to the development of the children who work, the employers
render service to their company and the long-term health of the businesses and
industries. The organizations of employers have in this matter a great role to
play to educate the employers of the sectors formal and abstract of the
long-term benefit of practices of management excluding any exploitation from
childish labor.
The trade unions of hard-working children, who start to
develop thanks to the support of ONG and social workers, also have a role
important to play in the programs which are intended to them. These groups of
children, organized around the same district or of the same trade, are clearly
anti-abolitionists : they analyze their work like an economic need, but
ask decent terms of employment. These representations of the first concerned
often propose very interesting solutions likely to clarify the action of ONG
and institutions, such as the flexible forms of education.
That it is on behalf of the representations of the employers
or the hard-working children, these forms of expressions are always to
privilege because they improve the working conditions of ONG. Indeed, the
essence of the solution to the problem of the child work will undoubtedly come
from the work carried out daily by these ONG on the ground. These groups indeed
can, because of their proximity, investiguer with determination and
aggressiveness the abuses made against children on the places of work as well
as the failures of the official authorities. They are to some extent, the
defenders and the spokesman of the laws and exert on the governments a
considerable pressure.
Thanks to their experiment in the field of the activities of
plea and by emitting criticisms constructive, ONG also throw a bridge between
the population and her representatives on all the levels. It is in fact ONG
which took the head of the movement of fight against the child work and who
endeavoured to promote the principle of the rights of the child during last
decades. Unfortunately, much of countries afflicted by serious problems of work
with the children do not have the chance to have groups sufficiently strong and
organized to defend the rights of the children as regards work. For this
reason, it appears urgent and necessary to support technically and financially
such groups and to create the new ones if need be. Thanks to the experiment
that they acquired and with human resources of which they lay out in the whole
world, ONG international could be particularly useful to promote, form and
support at the national level the rights of the children. It is in particular
thanks to these ONG that the readjustment of the hard-working children could be
done. It is they indeed which can propose alternatives to the families which
withdraw their children of work.
The initiatives also should be promoted aiming at reducing the
poverty of these families such as the development banks of which the goal
agrees appropriations to the poor families which have an urgent need for it.
Indeed, to release these families of their debts and the exorbitant interests
to pour with the lenders will be a vital contribution to the prevention of the
forced child work. These banks do not advance that small sums, but generally a
small sum is enough to break the cycle of poverty and makes it possible either
to withdraw his/her children of work, or not to send to it.
All these initiatives must strongly constant and be encouraged
by the rich countries. There still, the financial contributions are essential,
but a real political good-will to act is of primary importance. However, these
are these ways that the fight against the child work will have to borrow in the
years to come. It is now advisable to see whether renewed engagements of the
international community at the time of the Extraordinary session of the United
Nations in May 2002, will be followed concrete progress contrary to the
commitments entered into to the world Summit for the children in 1990.
APPENDIX 1 : EXTRACTS OF THE PRINCIPAL CONVENTIONS
ON
CHILD WORK.
Extracts of Convention n°29 concerning the
forced labor,
adopted on June 28, 1930.
Article 1
1. Any Member of the International Labor Organization which
ratifies present Convention engages to remove the use of the labor forced or
obligatory in all his forms as soon as possible possible.
Article 2
1. For purposes of this Convention, the term «labor
forced or obligatory» will indicate any work or service required of an
individual under the threat of an unspecified sorrow and for which the
aforementioned individual did not offer himself of full liking.
Extract of the international Pact relating to the
civil laws
and policies, UNO, New York December 16, 1966.
Article 8
1. No one will not be held in slavery; the slavery and draft
of the slaves, under all theirs
forms,
are prohibited.
2. No one will not be held in constraint.
/No one has will not be compels to achieve a forced or
obligatory labor;
B/the subparagraph has this paragraph
could not be interpreted like prohibiting, in the countries where certain
crimes can be punished of detention accompanied by forced work, the achievement
of a sorrow of forced work, inflicted by a court of competent jurisdiction;
C/is not regarded as «labor forced or
obligatory» as used in this paragraph:
I) Any work or
service, not noted to the subparagraph B, normally necessary of an individual
who is held under the terms of a decision of regular court or who, having been
the subject of such a decision, is released conditionally;
II) Any service of military nature and, in the countries where the
conscientious objection is allowed, any national service required of the
conscientious objectors under the terms of the law;
III)
Any service required in the disaster or cases of absolute necessity which
threaten the life or the wellbeing of the community;
IV) Any work or any
forming service left the normal civic obligations.
Extracts of Convention n°138 on the minimum
age,
adopted on June 26, 1973
Article 1
Any Member for whom present convention is in force engages to
continue a national policy aiming ensuring the effective abolition of the child
work and at gradually raising the minimum age of admission to employment or
work on a level allowing the teenagers to reach the most complete physical and
mental development.
Article 2
1. Any Member who ratifies present convention will have to
specify, in a declaration attached to his ratification, a minimum age of
admission to employment or work on his territory and in the means of transport
registered on his territory; subject to the provisions of articles 4 to 8 of
this convention, no person of an age lower than this minimum will have to be
allowed with employment or work in an unspecified profession.
2. Any Member having ratified present convention will be able,
thereafter, to inform the General manager of the International Labor Office, by
new declarations, which it raises the minimum age specified previously.
3. The minimum age specified in accordance with paragraph 1 of
this article will not have to be lower than the age to which cease compulsory
schooling, nor in any case at fifteen years.
4. Notwithstanding the provisions of paragraph 3 of this
article, any Member whose school economy and institutions are not sufficiently
developed will be able, after consultation of the interested organizations of
employers and workers, if there are some, to specify, in a first stage,
fourteen years a minimum age.
5. Any Member who will have specified fourteen years a minimum
age under the terms of the preceding paragraph will have, in the reports/ratios
which it is held to present in accordance with article 22 of the Constitution
of the International Labor Organization, to declare:
a) maybe that the reason for its decision persists;
b) maybe that it gives up being prevailed of paragraph 4 above
starting from a given date.
Article 3
1. The minimum age of admission to any type of employment or
work which, by its nature or the conditions under which it is exerted, is
likely to compromise health, the safety or the morality of the teenagers will
not have to be lower than eighteen years.
2. The types of employment or work cited in paragraph 1 above
will be determined by the national legislation or the proper authority, after
consultation of the interested organizations of employers and workers, if there
are some.
3. Notwithstanding the provisions of paragraph 1 above, the
national legislation or the proper authority will be able, after consultation
of the interested organizations of employers and workers, if there are some, to
authorize the use or the work of teenagers as of age the sixteen years provided
that their health, their safety and their morality are fully guaranteed and
that they received, in the branch of corresponding activity, a specific and
adequate instruction or a vocational training.
Article 4
1. In so far as that is necessary and after having consulted
the interested organizations of employers and workers, if there are some, the
proper authority will be able not to apply present convention at limited
categories of employment or work when the application of this convention at
these categories would raise special and important difficulties of
execution.
2. Any Member who ratifies present convention will have, in
the first report/ratio on the application of this one which it is held to
present in accordance with article 22 of the Constitution of the International
Labor Organization, to indicate, with reasons with the support, the categories
of employment which would have been the object of an exclusion under paragraph
1 of this article, and to expose, in its later reports/ratios, the state of its
legislation and its practice as for these categories, while specifying up to
what point it was given effect or it is proposed to give effect to the present
convention with regard to the known as categories.
3. This article does not authorize to exclude from the field
of application of this convention the employment or work aimed to article 3.
Article 5
1. Any Member whose economy and the administrative services
did not reach a sufficient development will be able, after consultation of the
interested organizations of employers and workers, if there are some, to limit,
in a first stage, the field of application of this convention.
2. Any Member who prevails himself of paragraph 1 of this
article will have to specify, in a declaration attached to his ratification,
the branches of economic activity or the types of companies to which the
provisions of this convention will apply.
3. The field of application of this convention will have to
include/understand at least: minings; manufacturing industries; the building
and public works; electricity, the gas and water; medical services; transport,
warehouses and communications; plantations and other agricultural companies
exploited mainly at commercial purposes, other than the family or low-size
companies producing for the local market and not employing regularly employed
persons.
4. Any Member having limited the field of application of
convention under the terms of the present article:
a) will have to indicate, in the reports/ratios which it is
held to present in accordance with article 22 of the Constitution of the
International Labor Organization, the general situation of the employment or
the work of the teenagers and children in the branches of activity which are
excluded from the field of application of this convention like any progress
made for a broader application of the provisions of convention;
b) will be able, in any time, to extend the field of
application of convention by a declaration addressed to the General manager of
the International Labor Office.
Article 7
1. The national legislation will be able to authorize
employment with light work of the people from thirteen to fifteen years or the
execution, by these people, such work, provided that those:
a) are not likely to carry damage to their health or their
development;
b) are not likely to carry damage to their school assiduity,
with their participation in programs of orientation or vocational training
approved by the proper authority or with their aptitude to be profited from the
received instruction.
2. The national legislation will also be able, subject to the
conditions envisaged with the subparagraphs has) and b) of paragraph 1 above,
to authorize the employment or the work of the people of at least fifteen years
which did not finish their compulsory schooling yet.
3. The proper authority will determine the activities in which
employment or work could be authorized in accordance with paragraphs 1 and 2 of
this article and will prescribe the duration, in hours, and work or condition
of uses in question.
4. Notwithstanding the provisions of paragraphs 1 and 2 of
this article, a Member who has made use of the provisions of paragraph 4 of
article 2 can, as long as it is prevailed about it, substitute the ages of
twelve and fourteen years for the ages of thirteen and fifteen years indicated
at paragraph 1 and the fourteen years age to the fifteen years age indicated at
paragraph 2 of this article.
Extracts of the International Convention
relating to the Rights of the Child,
adopted on November 20,
1989
Article first
Within the meaning of present Convention, a child means of all
old human be less than eighteen years, except if the majority is reached
earlier under the terms of the legislation which is applicable for him.
Article 19
1. The States left take all measurements
legislative, administrative, social and educational adapted to protect the
child against any form from violence, attack or physical or mental brutalities,
abandonment or negligence, ill treatments or exploitation, including the sexual
violence, while it is under the guard of his parents or the one of them, of
sound or its legal representatives or any other person to which it is
entrusted
Article 28
1. The States left recognize the right of the
child to education, and in particular, in order to gradually ensure the
exercise of this right and on the basis of equal opportunity :
a) They make teaching primary education obligatory and free
for all ;
b) They encourage the organization of various forms of
secondary education, as well general as professional, make them open and
accessible to any child, and take adapted measurements, such as the
introduction of the exemption from payment of the teaching and the offer of a
financial assistance where necessary ;
c) They ensure all the accesses to the higher education,
according to the capacities of each one, by all the suitable means ;
d) They make open and accessible to any child school and
professional information and the orientation ;
e) They take measures to encourage the regularity of the
school attendance and the reduction of the school rate of abandonment.
2. The States left take all suitable
measurements to take care that the school discipline is applied in a way
compatible with dignity of the child as a human being and in accordance with
present Convention.
3. The States left support and encourage the
international co-operation in the field of education, with a view in particular
to contribute to eliminate ignorance and illiteracy in the world and to
facilitate the access to the scientific and technical training and the modern
methods of teaching. In this respect, it is taken particularly account of the
needs for the developing countries.
Article 29
1. The States left agree that the education
of the child must aim to :
a) To support the blooming of the personality of the child and
the development of his gifts and its mental capacities and physical, in all the
measurement of their potentialities ;
b) To inculcate in the child the respect humans right and
fundamental freedoms, and principles devoted in the Charter of the United
Nations ;
c) To inculcate in the child the respect his parents, of his
identity, its language and its cultural values, as well as the respect of the
national values of the country in which it lives, the country of which it can
be originating and of civilizations different from his ;
D) To prepare the child to assume the responsibilities for the
life in a free company, a spirit of comprehension, peace, of tolerance,
equality enters the sexes and of friendship between all the people and groups
ethnic, national and religious, and with the people of indigenous origin ;
E) To inculcate in the child the respect natural environment.
2. No provision of this article or article 28
will be interpreted of a manner which undermines the freedom of the persons or
entities to create and direct educational establishments, provided that the
principles stated in paragraph 1 of this article are respected and that the
education exempted in these establishments is in conformity with the minimal
standards that the State will have prescribed.
Article 31
1. The States left recognize with the child
the right at rest and to the leisures, to devote themselves to the play and
specific entertaining activities to its age and to take part freely in the
cultural and artistic life.
2. The States left respect and support the
right of the child to take part fully in the cultural and artistic life and
encourage the organization with its intention of suitable means of leisures and
entertaining, artistic and cultural activities, under conditions of equality.
Article 32
1. The States left recognize the right of the
child to be protected from the economic exploitation and not to be compels with
any work comprising of the risks or likely to compromise its education or to
harm its health or its development physical, mental, spiritual, moral or
social.
2. The States left take measures legislative,
administrative, social and educational to ensure the application of this
article. For this purpose, and the relevant provisions of the other
international instruments, States left, in particular :
a) Fixes a minimum age or minimum ages of admission at
employment ;
b) A suitable regulation of the schedules of work and
condition of uses envisage ;
c) Envisage suitable sorrows or other sanctions to ensure the
effective application of this article.
Article 34
The States left begin to protect the child against all the
forms from sexual exploitation and sexual violence. For this purpose, the
States take in particular all suitable measurements on the national plans,
bilateral and multilateral to prevent :
a) Whether children are not incited or constrained to devote
itself to an illegal sexual activity ;
b) That children are not exploited at ends of prostitution or
others practice sexual illegal ;
c) That children are not exploited for purposes of the
production of spectacles or pornographic material of character.
Article 35
The States left take all suitable measurements on the national
plans, bilateral and multilateral to prevent removal, the sale or the draft of
children at some end that it is and in some form that it is.
Article 36
The States left protect the child against all other forms of
exploitation prejudicial to any aspect from its wellbeing.
Extracts of Convention n°182
concerning
« the worse shapes of work
children »,
adopted on June 17, 1999.
Considering the need for adopting new instruments aiming at
the prohibition and the elimination of the worst shapes of work children as a
major priority of the national and international action, in particular of the
co-operation and the assistance international, to supplement the convention and
the recommendation relating to the minimum age of admission to employment,
1973, which remain fundamental instruments with regard to the child work;
Considering that the effective elimination of the worst forms
of child work requires an immediate overall action, which takes account of the
importance of a free basic education and need for withdrawing of all these
forms of work the children concerned and for ensuring their readjustment and
their social integration, while taking into account the needs for their
families
Recognizing that the child work to a large extent is caused by
poverty and that the long-term solution lies in the constant economic growth
leading to the social progress, and in particular with the attenuation of
poverty and universal education;
Article 1
Any Member who ratifies present convention must take immediate
and effective measures to ensure the prohibition and the elimination of the
worst shapes of work children and this, urgently.
Article 2
For purposes of this convention, the child term applies to the
whole of the people of less than 18 years
Article 3
For purposes of this convention, the expression the worst
shapes of work children includes/understands:
a) all forms of slavery or practical similar, such as the sale
and the draft of the children, the constraint for debts and serfdom as well as
the forced or obligatory labor, including the forced or obligatory recruitment
of the children for their use in wars;
b) the use, the recruitment or the offer of a child at ends of
prostitution, production of pornographic material or pornographic spectacles;
c) the use, the recruitment or the offer of a child for
illicit purposes of activities, in particular for the production and the
traffic of narcotics, such as define them the relevant International
Conventions;
d) work which, by their nature or the conditions in which they
are exerted, been likely to harm health, the safety or the morality of the
child.
Article 4
1. The types of work aimed to the article 3D) must be
determined by the national legislation or the proper authority, after
consultation of the interested organizations of employers and workers, by
taking into account the relevant international standards, and in particular
paragraphs 3 and 4 of the recommendation on the worst shapes of work children,
1999.
2. The proper authority, after consultation of the interested
organizations of employers and workers, must locate the types of work thus
determined.
3. The list of the types of work determined in accordance with
paragraph 1 of this article must be periodically examined and, if need be, be
revised in consultation with the interested organizations of employers and
workers.
Article 5
Any Member must, after consultation of the organizations of
employers and workers, to establish or indicate suitable mechanisms to
supervise the application of the provisions giving effect to the present
convention.
Article 6
1.Tout Membre must work out and implement action plans in
order to eliminate in priority the worst forms from work from the children
2. These action plans must elaborate and be implemented in
consultation with the qualified public institutions and the organizations of
employers and workers, if necessary by taking into account the sights of other
interested groups.
Article 7
1. Any Member must take all measurements necessary to ensure
implementation the effective and the respect of the provisions giving effect to
the present convention, including by the establishment and the application of
penal sanctions or, if necessary, other sanctions.
2. Any Member must, by taking account of the importance of
education for the elimination of the child work, to take effective measures
within a given period of time for:
a) To prevent that children are not engaged in the worst
shapes of work children;
b) to envisage the direct assistance necessary and adapted to
withdraw the children of the worst shapes of work children and to ensure their
readjustment and their social integration;
c) to ensure the access to free basic education and, when that
is possible and suitable, to the vocational training for all the children who
will have been withdrawn the worse shapes of work children;
d) to identify the particularly exposed children at the risks
and to come into direct contact with them;
e) to take account of the particular situation of the
girls.
3. Any Member must indicate the proper authority in charge of
the implementation of the provisions giving effect to the present
convention.
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http://www.unicef.org/french
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27-30, 1997
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by affirming their rights ». March 2001
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Organization.
Internet site of ILO :
http://www.ilo.org/french
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ILO ».
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services. », International of the public services, (Internet
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rights of the child »,
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site :
http://www.rosenczveig.com)
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menu », The interactive world, Web citizen, October 29, 2001
(Internet site :
http://www.lemonde.fr)
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the leaders of planet » The World, May 08, 2002
Ø « Childhood : difficult
adoption of a world action plan » The World, May 11,
2002.
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(Internet site :
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Kanbur, International Review of Work, vol.134, 1995, n°2.
CONTENTS.
PART I : RELATIVE IMPOTENCE OF the INTERNATIONAL
COMMUNITY IN FRONT OF the EXTENT OF the CHILD WORK
p.12
CHAPTER I : Child work : a situation
intolerable
p.13
Section I : Extent of the phenomenon of the work
of
children.
p.13
Paragraph I : A not easily quantifiable
phenomenon p.14
Paragraph II : A phenomenon not being
limited to the poor countries p.17
Section II : A work being carried out in forms
very
any other
business. p.20
Paragraph I : Child work within a family
sphere. p.20
Paragraph II : Child work in the formal
sector. p.24
CHAPTER II : International will of
prohibition
child work: a failure.
p.27
Section I : Conventions of ILO relating to the
work of
children and national
impact. p.28
Paragraph I : A very prodigal organization
as regards regulation of the child work. p.28
Paragraph II : An application however
limited in the national legislations. p.32
Section II : The Convention on the rights of
the child and
application. p.36
Paragraph I : Genesis of the International
Convention of the rights of the child p.36
Paragraph II : An ambitious convention but
still too recent to measure made progress. p.39
PART II : CHANGE OF POLICY OF THE INTERNATIONAL
COMMUNITY. p.43
CHAPTER I a concerned international
community
to include/understand for better
fighting. p.44
Section I : Causes of the child work taken into
account
as a whole.
p.44
Paragraph I : Causes related to the poverty
of the families p.45
Paragraph II : Causes external with the
family. p.50
Section II : The creation of standards against
the «worse forms of
child work " p.54
Paragraph I : Why a new more restricted
convention ?. p.54
Paragraph II : The contribution of
Convention n°182 p.58
CHAPTER II it search for more concrete solutions
and of alternatives to the child work.
p.63
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