13.06.02
Events
OMCT calls ILO to strengthen its human rights approach
- Event Date: 13.06.02
- Event Time: 00:00:00
International Labour Conference, 90th Session, Geneva, 3-20 June 2002
Statement under Agenda item 1. (b) Global report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work
Mr Chairman,
OMCT welcomes the Director-General’s Report “A future without child labour” and salutes the ILO’s efforts to produce such a comprehensive picture of the nature and causes of child labour today. According to the report, there are grounds to believe that the total estimated number of “economically active” children aged between 5-14 in developing countries has decreased since 1995. OMCT would like to recall that, according to articles 6 and 32 of the Convention on the Rights of the Child, “States Parties shall ensure to the maximum extent possible the survival and development of the child” by ensuring, without any discrimination, the protection of every child from economic exploitation.
OMCT strongly believes that there is no acceptable form of work nor justification of any kind for a child working while still below the minimum age of employment, as established by ILO Convention nr 138. Extreme poverty, low family income, lack of schooling opportunities, poor quality education, lack of future job opportunities, cultural or traditional attitudes or practices can never justify child labour.
Furthermore, what is utterly disturbing, is that according to the report, the estimated number of children engaged in the worst forms of child labour is believed to amount to 180 million and to constitute 73 percent of all child labourers. These grave violations of children’s rights include slavery, trafficking, debt bondage and other forms of forced labour, forced recruitment for use in armed conflict, prostitution and pornography, and other illicit activities. This situation urgently calls for an enhanced effort from the ILO, its constituency and partners to strengthen their human rights approach and to put an immediate end to these violations of children’s rights.
In this context, a human rights approach, given the causes and the nature of child labour, requires that particular attention be paid to the enhancement of economic, social and cultural rights and to the fulfilment of States’ obligations in this respect. Indeed, the elimination of the worst forms of child labour, along with the ones OMCT considers as unacceptable forms of child labour remains illusory without securing rights such as the right to education, the right to health and the right to adequate housing. Similarly, without the protection of groups and individuals engaged in the defence of all human rights this goal cannot effectively be achieved. Too often, trade union members and representatives face harassment and threats or even extra judicial execution for having denounced breaches of basic labour and human rights. In this era of globalisation and the whole range of impacts this process has had on the enjoyment of human rights and labour rights, it is urgent that the ILO, notably through its World Commission on the Social Dimension of Globalisation, ensures the inclusiveness of this process, along with the primacy of rights.
Mr Chairman,
At the international conference on “Children, torture and other forms of violence” that OMCT organised in November 2001 with the support of the High Commissioner for Human Rights, it was concluded that under certain circumstances bonded labour and slavery might amount to cruel, inhuman or degrading treatment or even to torture. Consequently, the responsibility of the State for such violations becomes evident.
In most situations, the suffering endured by children reaches the threshold of article 1 of the UN Convention against Torture and has both immediate and long-term consequences for the physical, psychological, social and intellectual development of the child.
Slavery and bonded labour cause severe pain and suffering to child victims. The deprivation of liberty, generally linked to physical constraints, being treated as an object or a simple commodity of exchange and the lack of future prospects are forms of violence inherent to every kind of forced labour. However, the intensity of such pain and suffering also depends on various factors such as the type of work given to the children, the conditions in which they must perform it and the risks or abuse to which they are exposed in their activities.
Children, and especially the youngest children, are particularly vulnerable both to the exploitation as forced and slave labour, as well as to physical, chemical and other hazards, to which they might be subjected in the workplace. Children endure physical suffering through, inter alia, work that is beyond their physical capacity, dangerous tools or machinery, exposure to toxic chemicals, motorized equipment, excessive noise levels, damaging vibrations, harsh climatic conditions, carrying heavy loads, or sitting for long periods in unnatural positions.
Bonded child labourers are often subjected to physical, mental and sexual abuse. Children are often whipped or beaten for making mistakes, working too slowly, asking about their wages, or trying to escape. Girls in particular are vulnerable to sexual abuse, which places them at increased risk of contracting HIV.
Furthermore, child victims generally work very hard for long hours, often in total isolation from family and friends. They endure considerable stress and anguish, which may result in deep depression, poor self-esteem, and inability to interact with others. This tendency may also be reinforced when the child is a victim of slavery and bonded labour as a result of being a member of a particular caste, an ethnic minority, or other discriminated group.
Children subjected to slavery and bonded labour are also generally prevented from attending school. Even when attendance at school is permitted, the excessive time dedicated to work and the psychological trauma related to the conditions of exploitation directly affect their capacity to learn. The demands of their work often leave them with neither time nor energy to attend school regularly or keep up with their studies.
Mr Chairman,
OMCT considers that State responsibility includes an obligation of due diligence to prevent, to stop, to investigate and to punish slavery and bonded labour, irrespective of whether the perpetrators are acting in an official capacity or as private individuals. ILO Conventions prohibiting slavery and bonded labour cover situations where both State and private actors are involved. Regarding the latter, the ILO Convention 29, according to which States Parties must “suppress the use of forced or compulsory labour in all its forms within the shortest possible period”, clearly provides that the competent authority shall not permit the imposition of forced labour for the benefit of private individuals, companies or associations. It also provides that the illegal exaction of forced labour shall be punishable as a penal offence.
Furthermore, in some cases, State agents are complicit in slavery or bonded labour practices perpetrated by private actors. This happens, for example, when police officers bring run-away children back to their employers or when police or labour inspectors accept bribes for not investigating a case.
Mr Chairman,
OMCT welcomes the action plan for the effective abolition of child labour and the commitment of the ILO to further enhance its partnership with key partners. OMCT would strongly call on the ILO to formally engage - along with the Office of the High Commissioner for Human Rights, UNICEF and WHO – to contribute to the UN Study on Violence against Children that the UN General Assembly recommended at its ordinary session in 2001.
The study constitutes a unique opportunity to make all violence against children visible, this being an essential step in the development of strategies to effectively reduce and end it. OMCT recommends and urges that the study be carried out in accordance with the recommendations of the Committee on the Rights of the Child, and that it cover, amongst other things, violence against children in the street and in work situations.
It is certain that the ILO could make a great contribution to the study, by bringing its knowledge, research capacity and expertise and its active involvement and support will be key to the study’s success.
Thank you Mr Chairman.
Geneva, June 2002
Statement under Agenda item 1. (b) Global report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work
Mr Chairman,
OMCT welcomes the Director-General’s Report “A future without child labour” and salutes the ILO’s efforts to produce such a comprehensive picture of the nature and causes of child labour today. According to the report, there are grounds to believe that the total estimated number of “economically active” children aged between 5-14 in developing countries has decreased since 1995. OMCT would like to recall that, according to articles 6 and 32 of the Convention on the Rights of the Child, “States Parties shall ensure to the maximum extent possible the survival and development of the child” by ensuring, without any discrimination, the protection of every child from economic exploitation.
OMCT strongly believes that there is no acceptable form of work nor justification of any kind for a child working while still below the minimum age of employment, as established by ILO Convention nr 138. Extreme poverty, low family income, lack of schooling opportunities, poor quality education, lack of future job opportunities, cultural or traditional attitudes or practices can never justify child labour.
Furthermore, what is utterly disturbing, is that according to the report, the estimated number of children engaged in the worst forms of child labour is believed to amount to 180 million and to constitute 73 percent of all child labourers. These grave violations of children’s rights include slavery, trafficking, debt bondage and other forms of forced labour, forced recruitment for use in armed conflict, prostitution and pornography, and other illicit activities. This situation urgently calls for an enhanced effort from the ILO, its constituency and partners to strengthen their human rights approach and to put an immediate end to these violations of children’s rights.
In this context, a human rights approach, given the causes and the nature of child labour, requires that particular attention be paid to the enhancement of economic, social and cultural rights and to the fulfilment of States’ obligations in this respect. Indeed, the elimination of the worst forms of child labour, along with the ones OMCT considers as unacceptable forms of child labour remains illusory without securing rights such as the right to education, the right to health and the right to adequate housing. Similarly, without the protection of groups and individuals engaged in the defence of all human rights this goal cannot effectively be achieved. Too often, trade union members and representatives face harassment and threats or even extra judicial execution for having denounced breaches of basic labour and human rights. In this era of globalisation and the whole range of impacts this process has had on the enjoyment of human rights and labour rights, it is urgent that the ILO, notably through its World Commission on the Social Dimension of Globalisation, ensures the inclusiveness of this process, along with the primacy of rights.
Mr Chairman,
At the international conference on “Children, torture and other forms of violence” that OMCT organised in November 2001 with the support of the High Commissioner for Human Rights, it was concluded that under certain circumstances bonded labour and slavery might amount to cruel, inhuman or degrading treatment or even to torture. Consequently, the responsibility of the State for such violations becomes evident.
In most situations, the suffering endured by children reaches the threshold of article 1 of the UN Convention against Torture and has both immediate and long-term consequences for the physical, psychological, social and intellectual development of the child.
Slavery and bonded labour cause severe pain and suffering to child victims. The deprivation of liberty, generally linked to physical constraints, being treated as an object or a simple commodity of exchange and the lack of future prospects are forms of violence inherent to every kind of forced labour. However, the intensity of such pain and suffering also depends on various factors such as the type of work given to the children, the conditions in which they must perform it and the risks or abuse to which they are exposed in their activities.
Children, and especially the youngest children, are particularly vulnerable both to the exploitation as forced and slave labour, as well as to physical, chemical and other hazards, to which they might be subjected in the workplace. Children endure physical suffering through, inter alia, work that is beyond their physical capacity, dangerous tools or machinery, exposure to toxic chemicals, motorized equipment, excessive noise levels, damaging vibrations, harsh climatic conditions, carrying heavy loads, or sitting for long periods in unnatural positions.
Bonded child labourers are often subjected to physical, mental and sexual abuse. Children are often whipped or beaten for making mistakes, working too slowly, asking about their wages, or trying to escape. Girls in particular are vulnerable to sexual abuse, which places them at increased risk of contracting HIV.
Furthermore, child victims generally work very hard for long hours, often in total isolation from family and friends. They endure considerable stress and anguish, which may result in deep depression, poor self-esteem, and inability to interact with others. This tendency may also be reinforced when the child is a victim of slavery and bonded labour as a result of being a member of a particular caste, an ethnic minority, or other discriminated group.
Children subjected to slavery and bonded labour are also generally prevented from attending school. Even when attendance at school is permitted, the excessive time dedicated to work and the psychological trauma related to the conditions of exploitation directly affect their capacity to learn. The demands of their work often leave them with neither time nor energy to attend school regularly or keep up with their studies.
Mr Chairman,
OMCT considers that State responsibility includes an obligation of due diligence to prevent, to stop, to investigate and to punish slavery and bonded labour, irrespective of whether the perpetrators are acting in an official capacity or as private individuals. ILO Conventions prohibiting slavery and bonded labour cover situations where both State and private actors are involved. Regarding the latter, the ILO Convention 29, according to which States Parties must “suppress the use of forced or compulsory labour in all its forms within the shortest possible period”, clearly provides that the competent authority shall not permit the imposition of forced labour for the benefit of private individuals, companies or associations. It also provides that the illegal exaction of forced labour shall be punishable as a penal offence.
Furthermore, in some cases, State agents are complicit in slavery or bonded labour practices perpetrated by private actors. This happens, for example, when police officers bring run-away children back to their employers or when police or labour inspectors accept bribes for not investigating a case.
Mr Chairman,
OMCT welcomes the action plan for the effective abolition of child labour and the commitment of the ILO to further enhance its partnership with key partners. OMCT would strongly call on the ILO to formally engage - along with the Office of the High Commissioner for Human Rights, UNICEF and WHO – to contribute to the UN Study on Violence against Children that the UN General Assembly recommended at its ordinary session in 2001.
The study constitutes a unique opportunity to make all violence against children visible, this being an essential step in the development of strategies to effectively reduce and end it. OMCT recommends and urges that the study be carried out in accordance with the recommendations of the Committee on the Rights of the Child, and that it cover, amongst other things, violence against children in the street and in work situations.
It is certain that the ILO could make a great contribution to the study, by bringing its knowledge, research capacity and expertise and its active involvement and support will be key to the study’s success.
Thank you Mr Chairman.
Geneva, June 2002