Monday 13 June 2011

Child Labour Elimination - An International Obligation

Governments and civil society commemorated the World Day Against Child Labour on June 12th, but the fact of the matter is that over twenty crore children still continue to slog as child labourers. More than half of them are victims of various worst forms of child labour worldwide. Though India has the dubious distinction of having the largest number of child labourers, this is a global scourge. Asia Pacific accounts for 41% of the child labour, followed by Africa with 33% and Latin America with 8%. Besides the developing world, child labour still exists in the USA and many parts of Europe particularly Central and Eastern.
Two out of three child labourers are engaged in agriculture and other allied activities while the rest are languishing in informal and unorganized sectors like mining, construction, garment production, sporting goods, leather, plastic, glass and brick making, entertainment industry, restaurants, shops and domestic help. Many are used as child prostitutes and for pornographic purposes, forced beggary, child soldiers and in committing petty crimes for their bosses. 
Child labour and slavery are the worst human rights violations. Prevalence of child labour is an utter disrespect towards all the International Declarations, Treaties and Conventions and the national Constitutions and domestic legislations. It is the biggest obstacle in the way of education and development. Its continued prevalence is an evidence of serious lack of political will and social concern. Child labour denies freedom, justice, dignity, equal opportunities and fulfilled childhood simultaneously endangering children's present and future. It is thus a slap across the face of civilizations, cultures and religions.
The push factors behind this evil include abject poverty, illiteracy, lack of awareness, gullibility of parents, child un-friendly mindset prevailing in the communities, socio-cultural discrimination, gender bias, denial of legal safeguards & thin outreach of development benefits, absence of or poor education facilities, State's incapability to effectively handle natural disasters like flood, earthquakes droughts & famines, development disasters like deforestation, mining and displacement are largely responsible for children falling prey to child labour. On the other hand, the insatiable greed on the part of employers who always scout for vulnerable, docile and cheap workforce, prevalence of bribery and other forms of corruption and apathy among the law enforcement agencies coupled with connivance between traffickers, employers, politicians and bureaucracy are some of the key pull factors resulting in child labour. In addition to being cheap or free labour, children are preferred over adults because they don't challenge the employers or form unions, are unable to demand decent work and never do they resort to strikes despite abuse and exploitation.
It is the statutory obligation of the Governments to eliminate child labour, besides a moral and social responsibility. Child labour is one of the four core labour standards of the International Labour Organization (ILO) and is incorporated in the definition of fundamental principles of ILO. It means that all State parties are accountable to act in accordance to the International Treaties and Conventions. There are two specific international legislations that deal with the problem of child labour. One is the ILO Convention 138 on minimum age adopted way back in 1973 and ratified by 159 countries so far. Under this, no child can be employed before completing 14 years of age in any occupation in developing countries and 15 years in developed countries. The other is Convention 182 on the worst forms of child labour, which was unanimously adopted in 1999 and has been ratified by 173 countries. It is ironic that India has not signed either of these two Conventions thus she joins the ranks with countries like Sierra Leone, Somalia and Burma. 
Worst forms of child labour include slavery, forced labour, bonded labour, trafficking, armed conscription, illegal activities and criminal activities like drug peddling, etc. These are occupations that jeopardize the physical, mental or moral well-being of a child, either because of its nature or because of the conditions in which it is carried out, and is known as "hazardous work". The State parties in the ILO were encouraged to ratify the Convention in their Parliaments and synchronize their domestic legislation with international obligations. They are also supposed to develop a time bound national action plan and involve stakeholders like workers, employers, NGOs, groups representing children in planning, implementation and monitoring of the action plan.
Besides legal obligations, the countries are also accountable to two other international commitments- the UN Millennium Development Goals (MDGs) and the Dakar Framework of Action on Education for all. Notably, India is signatory to both of them. Education figures prominently in MDGs along with poverty reduction, employment generation and adult literacy along with several other important issues. International community has pledged to achieve both the development and education goals by 2015. This means that all children are supposed to be enrolled in schools this year.
What could be a bigger matter of urgency than 7 crore children who have never been to school or another 15 crore who have dropped out? Recent UN reports are alarming. More than 80 countries have failed their children in their commitment towards education. Civil society has been rigorously advocating that without the abolition of child labour, these goals can never be met, as it is a cross cutting issue.
Several studies prove that child labour is a significant cause that creates and perpetuates poverty and unemployment. It is also a serious obstacle in achieving education goals. We should remember that each child is employed at the cost of an adult's job. There are 21.5 crore child labourers worldwide while 26 crore unemployed adults. Several studies have revealed that most of the jobless adults are the very parents of full time child labourers. This is a vicious circle. No country could ever possibly solve the problem of poverty, unemployment and illiteracy without eliminating child labour.
A recent UN study on the economic aspect of child labour reveals that an investment of 1 $ on elimination of child labour will return over 7 $ over a period of 20 years. While lack of education is a cause of child labour, it is also its consequence and effect. Education is the single most important tool of growth that can be given to children for taking them out of the rut of poverty and to better their lives. Bringing children under the ambit of education definitely requires getting them liberated from the trap of child labour.
The good news is that for the first time in the global development discourse child labour was formally incorporated and acknowledged as a key obstacle in attaining the MDGs. During the UN MDG summit in September 2010, the member states agreed that appropriate steps in the elimination of the worst forms of child labour are necessary to ensure universal elementary education, strengthening child protection systems and combating trafficking in children.
Child labour is a serious threat to human rights and liberty, and also an impediment to personal development of an individual and economic growth of a nation. It has to be addressed as the utmost political priority and with a sense of urgency. On one hand, the laws have to be in place and respected; on the other, agencies responsible for their implementation are to be held accountable.
Adequate budgetary provisions for law enforcement and for providing free and quality education for all must be ensured. Since child labour, trafficking and slavery are not isolated issues, they have to be addressed in a holistic approach of development in human rights. This requires an effective inter-ministerial and inter-agency cooperation and coordination with a convergent and coherent policy framework.
Child labour is a major threat to the success of Corporate Social Responsibility and ethical trading practices. Globalization, privatization and liberalization have fuelled a massive demand for cheap and docile labour in the supply chain. The fast growing domestic and international corporations must be held accountable in this regard. Though all major brands in consumer goods and industries claim their commitment through contracts, codes of conduct and internal monitoring systems, many of them have been exposed time and again of employing child labour. It is here that the role of consumer concern and action is of importance. They must boycott all services provided by and goods made by children. Their personal commitment and social alertness are essential in solving this complex problem. 
There are several success stories to learn from too. The mid-day meal and Sarva Shiksha Abhiyan in India have helped increase the enrollment and retention of children in schools. Similar is the case with Bangladesh, where a similar food for education programme and special focus on girls' education has helped remarkably. In addition, the focus on enrolling and providing life skills education to hard to reach urban children, especially girls, was very successful. In the Bolsa Escola, and later on the Bolsa Familia programme in Brazil, stipend was given to children from poor families provided they did not miss more than two classes per month. This conditional cash transfer programme was a great success. There was a huge surge in enrollment of children into school, and more importantly, there were no drop-outs as per a World Bank study. Abolition of school fee and improving quality has attracted millions of child labourers in Tanzania, Mozambique and Kenya into classrooms. Initiatives such as multi stakeholder partnerships in chocolate industry, voluntary social labeling in South Asian carpets and mass movement building by the Global March Against Child Labour, are a few success stories worth emulating. Thus, though it presents a huge challenge, the end of child labour is definitely within reach. What are necessary are persistent efforts and some innovative measures.

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