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Le Travail des enfants


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

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Paragraphe II  :
Child work in the formal sector

The formal sector gathers all the activities equipped with the attributes of the traditional economic activity, namely the wage bond and the legal framing. As regards child work, childish labor is then employed either in factories, like any adult employee, or the children are reduced to the state of slaves by managers of not very scrupulous factories, by the means of the constraint for debts.
The constraint for debts is without any doubt one of the shapes of exploitation of the most intolerable children. What characterizes this form of exploitation, they are not only the deplorable working conditions, but especially that the human person is reduced to the state of goods : the child slave belongs to an owner. One learns how with the young victims to accept the conditions under which they live and especially never to rebel. In South Asia, in particular in India, this phenomenon of slavery took a known almost traditional form under the name of work in constraint of the children. The principle of this system is very simple, the children who have often only eight or nine years, are given in pledge by their parents to owners of factories in exchange of loans. The children thus work to discharge a debt or any other obligation contracted by their family, however the constraint of a whole life does not most of the time even manage to reduce the debt of the parents. Indeed, the creditors, who are generally the owners, handle the parents so that it is very difficult, to see even impossible with the family to settle her debt ; they thus secure a practically free labor with perpetuity. The families can thus remain in constraint during generations, the children taking the changing of the old or crippled parents. It will be pointed out once more that the systems of constraint are illegal in almost all the countries and in particular in those where they are most widespread ; they are contrary not only with the laws on the child work but also with all the International Conventions ratified by these countries.

In India, this type of transaction is very frequent in agriculture, like industries like the manufacture of cigarettes, the weaving of the carpets, the production of matches, the slate quarries and the industry of silk. In Asia, one estimates at several tens of million the number of children employed under these conditions. Well knew, the majority of the children thus exploited belong to the most marginalized sectors of the company. These ethnic minorities or these underprivileged groups are often regarded as not having any right, and themselves were often able to believe it. In connection with this true shape of slavery of the children, one generally thinks of meeting it only in India, in Nepal and Pakistan, but it also exists in sub-Saharan Africa, in Brazil or in Mauritania where each year of the thousands of babies are still born in a slavery in fact. Traditional during generations, slavery was officially abolished in 1980, but 400.000 black Africans are always useful as slaves, officially or not their Berber Masters15(*).

The work of these children is not always remunerated, but when it is it, the pledges are most of the time so thin that they will never be enough to refund the debt. Of as much, that the owners of these children, are never with court of ideas to prolong the financial dependence : the employer takes the price of food and of the tools, if the child makes a fault an additional sum is taken on his pledges and if it is sick, a new debt comes to weigh down the first to pay the care. This rate/rhythm, it is thus not astonishing that a family is controlled on several generations and what is of course the objectives by the creditor-owner. This form of exploitation, qualified the intolerable one by the UNICEF, fact part of the top priority of the International Labor Organization, but its eradication appears difficult because of the traditional character of this system and the great poverty of the families, which consider it often preferable to send their child to work, under conditions which they are unaware of often, rather than to keep it in a family which cannot nourish it for lack of means.

The wage-earning of the children in the structured economic sector is certainly the most studied form and médiatisée of the child work, whereas in fact it relates to only one minority of children to work ; the International Labor Office counts indeed only 8% of the active children in manufacturing industries and as much in the trade and hotel trade, a little less than 4% in transport and handling, 2% in the construction industry and hardly 1% in the mines and the careers. Michel Bonnet affirms that work in subcontracting for the multinationals
(articles of sport, clothing) 10% of the workers would undoubtedly not occupy16(*). It is probably the same for industrial agriculture (large coffee plantations, bananas, canes with sugar, tea...) where 5% of the children would be active. Nevertheless, even if these children represent a minority of the children to work, their working conditions deserve alone that one stops on this form of exploitation. Indeed, they work under particularly dangerous conditions ; let us quote simply as example the working conditions in a factory of glass in India where « the children transport masses of glass melted at the end of iron canes, with 60 centimetres hardly of their bodies ; they withdraw molten glass of furnaces where the temperature reaches of 1500 with 1800°C, their short arms children touching the furnace almost ; they assemble and model the bracelets of glass on the small flame of a stove with kerosene in a part little or not aired, since it would be enough to a draft to extinguish the flame. All the ground of the factory is covered with fragment of glass and the children go and come, carrying this extreme glass, without shoes to protect their feet. Naked electric wire during a little everywhere because the owners of the factory did not worry to install an electrical supply network interns insulated. »17(*) The deplorable conditions are thus seen under which children of less than 14 years are brought to work up to 14 hours per day. The young minors know serious respiratory problems, such as tuberculosis, bronchitis and asthma... the children working in the exploitations also run of great physical risks, in particular of mutilations, in the plantations of cane with sugar, where still risks of bites of snakes or insect bites.

If the majority of these industrial activities and agricultural are the fact of national subcontractors, a part nevertheless is controlled by transnational companies whose products are intended for the stores and the hearths of the Occident. Large companies having their registered office in the rich countries delocalize their installations of assembly in the poor countries to benefit from the lower costs of personnel and the reduced social security benefits. These cases brought humane militants in the countries of origin and reception to make pressure on these companies so that they establish as well codes of conduct applicable to their own operations, as with those their subcontractors. We will see later on, the problems which can pose this type of action and in particular their perverse influence on the child work.

* 15 Charles Jacobs and Mohammed Athie, «  Bought and Sold  », The New York Times, July 13, 1994

* 16 BONNET Mr. Regards on the hard-working children. The energization of the children in the contemporary world. Analyze and case studies,  «  Free books  », Editions Page Two, Lausanne, 1998.

* 17 Report/ratio UNICEF  :  «  The situation of the children in the world  » 1997

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"Nous devons apprendre à vivre ensemble comme des frères sinon nous allons mourir tous ensemble comme des idiots"   Martin Luther King