Department of Labor: Findings
Department of Labor: Findings
Department of Labor
Bureau of International Labor Affairs
2002
The Department of Labor’s
2001
II. Introduction
V. Country Profiles
1. Albania.............................................................................................................................. 15
2. Angola .............................................................................................................................. 18
3. Antigua and Barbuda ........................................................................................................ 21
4. Argentina .......................................................................................................................... 23
5. Armenia ............................................................................................................................ 26
6. Bahrain.............................................................................................................................. 29
7. Bangladesh ........................................................................................................................ 31
8. Barbados ........................................................................................................................... 35
9. Belize ................................................................................................................................ 37
10. Benin ................................................................................................................................. 40
11. Bhutan ............................................................................................................................... 44
12. Bolivia .............................................................................................................................. 46
13. Bosnia and Herzegovina ................................................................................................... 50
14. Botswana .......................................................................................................................... 53
15. Brazil ................................................................................................................................ 55
16. Bulgaria ............................................................................................................................ 59
17. Burkina Faso ..................................................................................................................... 62
18. Burundi ............................................................................................................................. 66
19. Cambodia .......................................................................................................................... 69
20. Cameroon .......................................................................................................................... 74
21. Cape Verde ....................................................................................................................... 77
22. Central African Republic .................................................................................................. 79
23. Chad .................................................................................................................................. 81
24. Chile ................................................................................................................................. 84
25. Colombia .......................................................................................................................... 87
V. Country Profiles continued
26. Comoros............................................................................................................................ 91
27. Congo (Brazzaville) .......................................................................................................... 93
28. Congo (Kinshasa) ............................................................................................................. 96
29. Costa Rica ......................................................................................................................... 99
30. Cote d’Ivoire ................................................................................................................... 103
31. Croatia ............................................................................................................................ 107
32. Czech Republic ............................................................................................................... 109
33. Djibouti ........................................................................................................................... 111
34. Dominica ........................................................................................................................ 113
35. Dominican Republic ....................................................................................................... 115
36. Ecuador ........................................................................................................................... 119
37. Egypt ............................................................................................................................... 122
38. El Salvador ..................................................................................................................... 127
39. Equatorial Guinea ........................................................................................................... 130
40. Eritrea ............................................................................................................................. 132
41. Estonia ............................................................................................................................ 134
42. Ethiopia ........................................................................................................................... 136
43. Fiji ................................................................................................................................... 139
44. Gabon ............................................................................................................................. 141
45. The Gambia .................................................................................................................... 143
46. Georgia ........................................................................................................................... 145
47. Ghana .............................................................................................................................. 147
48. Grenada ........................................................................................................................... 151
49. Guatemala ....................................................................................................................... 153
50. Guinea ............................................................................................................................. 156
51. Guinea-Bissau ................................................................................................................. 159
52. Guyana ............................................................................................................................ 161
53. Haiti ................................................................................................................................ 163
54. Honduras ......................................................................................................................... 166
55. Hungary .......................................................................................................................... 170
56. India ................................................................................................................................ 173
57. Indonesia ......................................................................................................................... 178
58. Jamaica ........................................................................................................................... 181
59. Jordan ............................................................................................................................. 184
60. Kazakhstan ...................................................................................................................... 187
61. Kenya .............................................................................................................................. 189
62. Kiribati ............................................................................................................................ 192
63. Kyrgyzstan ...................................................................................................................... 194
64. Latvia .............................................................................................................................. 197
65. Lebanon .......................................................................................................................... 200
66. Lesotho ........................................................................................................................... 203
67. Lithuania ......................................................................................................................... 207
68. Macedonia, Former Republic of Yugoslavia .................................................................. 210
69. Madagascar ..................................................................................................................... 213
70. Malawi ............................................................................................................................ 217
71. Mali ................................................................................................................................. 220
72. Mauritania ....................................................................................................................... 223
V. Country Profiles continued
73. Mauritius ......................................................................................................................... 225
74. Moldova .......................................................................................................................... 227
75. Mongolia ......................................................................................................................... 229
76. Morocco .......................................................................................................................... 233
77. Mozambique ................................................................................................................... 237
78. Namibia .......................................................................................................................... 241
79. Nepal ............................................................................................................................... 244
80. Nicaragua ........................................................................................................................ 247
81. Niger ............................................................................................................................... 250
82. Nigeria ............................................................................................................................ 253
83. Oman .............................................................................................................................. 257
84. Pakistan ........................................................................................................................... 259
85. Panama ........................................................................................................................... 263
86. Papua New Guinea ......................................................................................................... 267
87. Paraguay ......................................................................................................................... 269
88. Peru ................................................................................................................................. 272
89. Philippines ...................................................................................................................... 276
90. Poland ............................................................................................................................. 281
91. Romania .......................................................................................................................... 284
92. Russian Federation .......................................................................................................... 287
93. Rwanda ........................................................................................................................... 291
94. Saint Kitts and Nevis ...................................................................................................... 293
95. Saint Lucia ...................................................................................................................... 295
96. Saint Vincent and the Grenadines ................................................................................... 297
97. Samoa ............................................................................................................................. 299
98. São Tomé and Principe .................................................................................................. 302
99. Senegal............................................................................................................................ 304
100. Seychelles ....................................................................................................................... 307
101. Sierra Leone .................................................................................................................... 309
102. Slovak Republic .............................................................................................................. 311
103. Solomon Islands .............................................................................................................. 313
104. Somalia ........................................................................................................................... 315
105. South Africa .................................................................................................................... 317
106. Sri Lanka ......................................................................................................................... 322
107. Suriname ......................................................................................................................... 325
108. Swaziland ........................................................................................................................ 327
109. Tanzania.......................................................................................................................... 329
110. Thailand .......................................................................................................................... 333
111. Togo ................................................................................................................................ 338
112. Tonga .............................................................................................................................. 341
113. Trinidad and Tobago ....................................................................................................... 343
114. Tunisia ............................................................................................................................ 345
115. Turkey ............................................................................................................................. 348
116. Tuvalu ............................................................................................................................. 352
117. Uganda ............................................................................................................................ 354
118. Uruguay .......................................................................................................................... 358
119. Uzbekistan ...................................................................................................................... 361
V. Country Profiles continued
By adopting Convention 182, the United States and the other ILO member nations made
the first step to ensuring that no child engages in forced or bonded labor, is used in armed conflict
or illicit activities, is exploited by the commercial sex trade, or is placed in hazardous work.
In this report on the Department of Labor’s 2001 Findings on the Worst Forms of Child
Labor, we describe the nature and extent of child labor in 143 countries and territories, the laws
and enforcement policies that exist to protect children, and efforts that have been made by govern-
ments to meet international commitments to eliminate the worst forms of child labor.
I hope that you will find the information in this report useful to your understanding of the
international child labor issue.
Thomas B. Moorhead
Deputy Under Secretary for
International Affairs
U.S. Department of Labor
Washington, D.C.
May 30, 2002
ix
Introduction
This report was prepared in accordance with Section 412(c) of the Trade and Development
Act of 2000 (TDA), Pub.L. 106-200. Section 504 of the Trade Act of 1974 (Trade Act) requires the
President to submit an annual report to the Congress on the status of internationally recognized
worker rights within each beneficiary country.1 Section 412(c) of the TDA amended the Trade Act
by expanding the annual report to include “the findings of the Secretary of Labor with respect to the
beneficiary country’s implementation of its international commitments to eliminate the worst forms
of child labor.”2 The countries referenced in the legislation are those countries that may be desig-
nated as beneficiaries under the U.S. Generalized System of Preferences (GSP).3
The GSP is a unilateral program that extends duty-free entry to a wide range of products
from more than 140 designated developing countries and territories.4 The GSP program was
enacted by Title V of the Trade Act of 1974.5 When the Trade and Tariff Act of 1984 reauthorized
the program, new country practices eligibility criteria included a requirement that countries take
steps to afford internationally recognized worker rights.6 The TDA expanded the GSP eligibility
criteria further to include a new criterion on the Worst Forms of Child Labor. The new criterion
specifies that the President shall not designate any country a beneficiary developing country if
“[s]uch country has not implemented its commitments to eliminate the worst forms of child
labor.”7 (See Table 1 for GSP Bases for Ineligibility).
Section 412(b) of the TDA,8 defines “worst forms of child labor” as follows:
(A) all forms of slavery or practices similar to slavery, such as the sale or trafficking of children,
debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory
recruitment of children for use in armed conflict;
(B) the use, procuring or offering of a child for prostitution, for the production of pornography
or for pornographic purposes;
(C) the use, procuring, or offering of a child for illicit activities in particular for the production
and trafficking of drugs; and
(D) work which, by its nature or the circumstances in which it is carried out, is likely to harm
the health, safety or morals of children.
1
See 19 U.S.C. § 2464.
2
Ibid.
3
See 19 U.S.C. § 2461.
4
See 19 U.S.C. § 2461.
5
See 19 U.S.C. § 2461-67.
6
See 19 U.S.C. § 2462(b)(2)(G) and (c)(7).
7
See 19 U.S.C. § 2462(b)(2)(H).
8
See 19 U.S.C. § 2467(6).
1
The work referred to in subparagraph (D) shall be determined by the laws, regulations, or compe-
tent authority of the beneficiary developing country involved.
The TDA’s definition of the “worst forms of child labor” is based on International Labor
Organization’s (ILO) Convention No. 182 on the Worst Forms of Child Labor.9
Table 1
General System of Preferences Bases for Ineligibility
The President shall not designate a country as a beneficiary developing country if any of the
following applies:
A. A country may not be a Communist country unless 1) its products receive nondiscriminatory
treatment, 2) such country is a WTO member and a member of the International Monetary Fund,
and 3) such country is not dominated or controlled by international communism. 19 U.S.C.
§2464(b)(2)(A).
B. A country may not be a party to an arrangement the effect of which is to withhold supplies of
vital commodity resources from international trade or to raise the price of such commodities to an
unreasonable level, and to cause serious disruption of the world economy. 19 U.S.C.
§2464(b)(2)(B).
C. A country may not afford preferential treatment to products of a developed country that has, or is
likely to have, a significant adverse effect on United States commerce. 19 U.S.C. §2464(b)(2)(C).
D. A country may not have nationalized, expropriated, or otherwise seized property of U.S. citizens
or corporations without providing, or taking steps to provide prompt, adequate, and effective
compensation, or submitting such issues to a mutually agreed forum for arbitration. 19 U.S.C.
§2464(b)(2)(D).
E. A country may not have failed to recognize or enforce arbitral awards in favor of U.S. citizens or
corporations. 19 U.S.C. §2464(b)(2)(E).
F. A country may not aid or abet, by granting sanctuary from prosecution, any individual or group
that has committed an act of international terrorism. 19 U.S.C. §2464(b)(2)(F).
G. A country has not taken or is not taking steps to afford internationally recognized worker rights,
including (1) the right of association, (2) the right to organize and bargain collectively, (3) freedom
from compulsory labor, (4) a minimum age for the employment of children, and (5) acceptable
conditions of work with respect to minimum wages, hours of work, and occupational safety and
health. 19 U.S.C. §2464(b)(2)(G).
H. A country has not implemented its commitments to eliminate the worst forms of child labor. 19
U.S.C. §2464(b)(2)(H).
9
Convention No. 182 calls on member countries to take measures toward the elimination of child labor as
a matter of urgency. The Convention, which was unanimously adopted by the 174 members of the ILO in
1999, is the most rapidly ratified convention in that organization’s history. By December 31, 2001, over
100 ILO member countries had ratified No. 182. However, any country that is an ILO member, even if it
has not ratified Convention No. 182, is obligated under the ILO’s Declaration on Fundamental Principles
and Rights to Work to respect, promote and realize the principles concerning the fundamental rights that
are the subject of the ILO conventions. These include the effective abolition of child labor.
2
Structure of the Report
The report provides individual profiles on 124 independent countries and a summary
report on 19 non-independent countries and territories designated as GSP beneficiaries and/or
beneficiaries under the Caribbean Basin Trade Partnership Act.10 Wherever possible, these profiles
focus on the worst forms of child labor, rather than on child labor in general. However, since data
and information on the incidence of the worst forms is often unavailable, the profiles do not always
make this distinction. Each of the profiles consists of three sections: government policies and
programs to eliminate the worst forms of child labor; incidence and nature of child labor and child
labor laws and enforcement.
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
To the extent that there is a child labor problem in the country, this section describes
government initiatives aimed at combating the worst forms of child labor. It is important to note,
however, that it is often difficult to separate out those policies and programs that address only the
worst forms of child labor, from those that focus on child labor in general. Where appropriate, this
section of the report provides information on both types of child labor initiatives. Such initiatives
include national plans of action or comprehensive policies to address the worst forms of child
labor, which typically consist of a combination of strategies, including raising awareness about the
worst forms of child labor, enhancing local capacity to address the problem, withdrawing children
from exploitative work, and offering children educational alternatives. Many countries also have
targeted programs to reduce child labor, often supported by the ILO’s International Program on the
Elimination of Child Labor (IPEC) and other multilateral and bilateral donor agencies. These
efforts frequently go beyond simply withdrawing children from the worst forms of child labor to
include broader social programs to prevent the engagement of children in the worst forms of child
labor; to ensure that these children have access to educational alternatives; and, to access income
generating opportunities for the children’s families that help reduce dependence on the labor of
their children.
This section reviews estimates of the incidence of child labor in each country or territory,
and provides examples of the activities in which children work. It bears stating at the outset that
systematic statistical information about the incidence and nature of child labor tends to be scarce
and is often dated. The lack of availability, reliability and timeliness of data is more pronounced
for subsets of child laborers, such as those working subject to the worst forms of child labor.
Although the preferred information for this section of the report is on children engaged in the worst
forms of child labor, it is not always possible to separate out the worst forms from other types of
10
The Caribbean Basin Trade Partnership Act, which constitutes Title II of the TDA, provides addi-
tional benefits to certain GSP eligible countries in Central America and the Caribbean. The CBTPA
includes as a criterion for receiving benefits “whether a country has implemented its commitments to
eliminate the worst forms of child labor.” The African Growth and Opportunity Act constitutes Title I of
the TDA. H.R. Conf. Rep. No 606, 106th Cong., 2nd Sess. 123 (2000) states that with regard to, “addi-
tional trade benefits extended to African beneficiary countries….the conferees intend that the GSP
standard, including the provision with respect to the implementation of obligations to eliminate the
worst forms of child labor, apply to eligibility for those additional benefits.”
3
child labor. In most instances overall child labor information is reported because data specifically
on the worst forms is not available.
Also included in this section is information on laws and policies that set educational
requirements for children, as well as a brief assessment of children’s involvement in primary
schooling.11 This information provides an indication of the extent to which children are participat-
ing and successful in primary school. Children in the worst forms of child labor are less likely to
participate in primary schooling. Primary school enrollment and attendance figures are presented
along with estimates of the percentage of children reaching the fifth grade and the number that
repeat a grade of school, where available. Information pertaining to gender, ethnicity, or rural/
urban demographics is provided, if particularly relevant.
This section reviews major laws and regulations related to child labor and available
evidence regarding implementation. Laws and regulations described in this section include those
that establish a minimum age for work and those that set related standards for light work, hours of
work for children of different ages, and requirements of parental approval. Laws that prohibit
children’s involvement in the worst forms of child labor are given special attention.
Finally, this section reports whether a country has ratified the principal ILO conventions
on child labor, Conventions No. 138 on Minimum Age for Employment and No. 182 on the Worst
Forms of Child Labor.
Sources of Information
In preparing this report, the U.S. Department of Labor relied primarily on information
garnered from the Department of State and U.S. consulates and embassies abroad. Also relied upon
are a wide variety of reports and materials originating from foreign countries, international organi-
zations, non-governmental organizations, and other agencies within the U.S. Government. U.S.
Department of Labor officials also gathered materials during field visits to some of the countries
covered in this report. Finally, information was submitted in response to two Department requests
for public input published in the Federal Register.12
11
Some country profiles include a statement indicating that the age for compulsory education and the
minimum age for work do not coincide. In cases where the minimum age for compulsory education is one
or more years lower than the minimum age for work, children may be more likely to enter work illegally.
12
“Request for Information on Efforts by Certain Countries to Eliminate the Worst Forms of Child
Labor”, 65 Fed. Reg. 49466 (2000), and 66 Fed. Reg. 49070/(2001).
4
Acronyms
AGOA ................................. African Growth and Opportunity Act
CBTPA ................................ Caribbean Basin Trade Partnership Act
ILO Convention 138 .......... International Labor Organization, Convention No. 138:
Minimum Age for Admission to Employment
ILO Convention 182 .......... International Labor Organization, Convention No. 182:
Worst Forms of Child Labor
ILO-IPEC ........................... International Labor Organization, International Program on the
Elimination of Child Labor
5
Glossary of Terms
Basic Education
Basic education comprises both formal schooling (primary and sometimes lower second-
ary) as well as a wide variety of non-formal and informal public and private educational activities
offered to meet the defined basic learning needs of groups of people of all ages.
Source: UNESCO, Education for All: Year 2000 Assessment: Glossary (Paris, 2001)[CD-ROM].
Bonded Labor
Bonded labor or debt bondage is “the status or condition arising from a pledge by a debtor
of his personal services or those of a person under his control as security for a debt,” as defined in
the UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery (1956).
Bonded labor typically occurs when a person needing a loan and having no security to
offer, pledges his/her labor, or that of someone under his/her control, as a security for a loan. The
interest on the loan may be so high that it cannot be paid, or the laborer may be deemed to repay
the interest on the loan but not the capital. Thus, the loan is inherited and perpetuated, and becomes
an inter-generational debt.
Bonded labor is identified as one of the worst forms of child labor in ILO Convention 182.
Source: By the Sweat and Toil of Children, Vol. I: The Use of Child Labor in U.S. Manufactured and Mined
Imports (Washington, D.C.: USDOL, 1994), 18. See also ILO Convention No. 182: Worst Forms of Child
Labor, 1999, at http://ilolex.ilo.ch:1567/english/convdisp2.htm.
Child Labor
The international definition of child labor is derived from ILO Convention 138, which
states that child labor is any economic activity performed by a person under the age of 15. How-
ever, not all work is considered harmful to or exploitative of children. Child work can include
performing light work after school, household chores, or legitimate apprenticeship programs.
Therefore, for the purposes of this report, child labor is defined as work that prevents children
from attending and participating effectively in school or is performed by children under hazardous
conditions that place their healthy physical, intellectual or moral development at risk.
Source: By the Sweat and Toil of Children, Vol. I: The Use of Child Labor in U.S. Manufactured and
Mined Imports (Washington, D.C.: USDOL, 1994), 1. See also Richard Anker, “The Economics of Child
Labour: A Framework for Measurement,” International Labor Review (2000), 139, 257-280.
Commercial Farms
Commercial farms are large-scale agricultural holdings that produce for largely commer-
cial purposes. For the purposes of this report, the term commercial farms encompasses both farms
and plantations, which are defined as agricultural holdings that produce commodities exclusively
7
for export. Commercial farms generally pay workers by either the weight or the quantity of the
product collected. To ensure that this minimal amount is met, or to maximize earnings, children
may work alongside their parents, as part of a family unit. Children may also be hired as full-time
wage-laborers, although they usually perform the same work as adult workers, but are paid one-
half to one-third what is paid to adults doing comparable work. Workdays are extremely long, and
safety and health risks include exposure to dangerous chemical fertilizers or pesticides, poisonous
insects or reptiles, and unsafe hygienic conditions and drinking water.
ILO Convention 138 prohibits the use of child labor on “plantation and other agricultural
undertakings mainly producing for commercial purposes, but excluding family and small-scale
holdings producing for local consumption and not regularly employing hired workers.” The line
between “commercial” agriculture and “production for local consumption” is frequently blurred,
and sometimes requires difficult judgment calls.
Source: By the Sweat and Toil of Children, Vol. II: The Use of Child Labor in U.S. Agricultural Imports
and Forced and Bonded Child Labor (Washington, D.C.: USDOL, 1995), 2-4, 10.
The exact nature of the exploitation differs from one country to another. CSEC includes
so-called “sex tourism” in which adults procure the services of children for prostitution or pornog-
raphy; the exploitation of children by pimps or other criminal elements who offer “protection” to
children (often children living on the streets) in return for their work in the sex trade; trafficking of
children across borders to fuel prostitution or pedophilia rings; or the use of domestic servants,
refugee children, or child soldiers for sexual purposes.
ILO Convention 182 prohibits the sale and trafficking of children, and the use, procuring
or offering of a child for prostitution, for the production of pornography, or for pornographic
performances.
Source: CSEC Overview, World Congress Against the Commercial Sexual Exploitation of Children,
August 27-31, 1666, U.S. Embassy-Stockholm, at http://www.usis.usemb.se/children/csec/overview.html.
See also UN Convention on the Rights of the Child, Article 34, at http://www.unhchr.ch/html/menu3/b/
k2crc.htm, and ILO Convention No. 182: Worst Forms of Child Labor, 1999, at http://ilolex.ilo.ch:1567/
english/convdisp2.htm.
Compulsory Education
Compulsory education refers to the number of years or the age-span during which
children and youth are legally obliged to attend school.
Source: UNESCO, Education for All: Year 2000 Assessment: Glossary (Paris, 2001) [CD-ROM].
8
Domestic Servants
Domestic servants, also referred to as domestic workers or child domestics, are children
who work in other people’s households doing domestic chores, caring for children, and running
errands, among other tasks. Child domestics sometimes have live-in arrangements, whereby they
live in their employer’s household and work full time in exchange for room, board, care, and
sometimes remuneration.
Forced Labor
Forced labor is defined in ILO Convention No. 29 as “all work or service which is exacted
from any person under the menace of any penalty and for which the said person has not offered
himself voluntarily.” In practice, it is the enslavement of workers through the threat or use of
coercion, and it is primarily found among the most economically vulnerable members of society.
Forced and compulsory labor is identified as one of the worst forms of child labor in ILO
Convention 182.
The gross primary attendance ratio is the total number of students attending primary
school (regardless of age) expressed as a percentage of the official primary school-age population.
It indicates the general level of participation in primary schooling by people of any age, and in
comparison with the net primary attendance ratio, indicates the extent of over- and under-age
participation in primary schooling. In countries with high primary school attendance rates, if there
are significant numbers of overage (or underage) students in primary school, the gross primary
attendance ratio can exceed 100.
Source: “UNESCO Indicator Definitions for GED Online,” USAID Web Site, at http://
quesdb.cdie.org/ged/un_def.html.
The gross primary enrollment ratio is the enrollment of primary students of all ages
expressed as a percentage of the primary school-age population. The gross primary enrollment
ratio describes the capacity of a school system in relation to the size of the official school-age
population. For example, a ratio of 100 percent indicates that the number of children actually
enrolled, including those outside the official age range, is equivalent to the size of the official
primary school-age population. It does not mean that all children of official primary school age are
9
actually enrolled. If the ratio was so misinterpreted, it would overstate the actual enrollment picture
in those countries in which a sizable proportion of students are younger or older than the official
age owing to early or delayed entry or to repetition. In many countries, the official primary school-
age group is 6-11 years. The differences in national systems of education and duration of schooling
should be considered when comparing the ratios.
Source: “UNESCO Indicator Definitions for GED Online,” USAID Web Site, at http://quesdb.cdie.org/
ged/un_def.html.
Hazardous work
Hazardous work refers to work that is likely to jeopardize the health, safety, or morals of a
young person. This is consistent with ILO Convention 138, which states that “the minimum age for
any type of employment or work which by its nature or the circumstances in which it is carried out
is likely to jeopardize the health, safety, or morals of young persons shall not be less than 18
years.” Hazardous work is identified as a worst form of child labor in ILO Convention 182.
Source: ILO Convention No. 138: Minimum Age for Employment, 1973, Article 3, at http://
ilolex.ilo.ch:1567/english/convdisp2.htm. See also ILO Convention No. 182: Worst Forms of Child Labor,
1999, at http://ilolex.ilo.ch:1567/english/convdisp2.htm.
ILO Convention 138 serves as the principal standard on child labor. This conven-
tion, passed in 1973 and ratified by 116 nations, defines the term “child labor” as any
economic activity performed by a person under the age of 15. Signatories of the Conven-
tion are required to set a minimum work age standard of 15 years, although exemptions are
included which permit countries whose economy and educational facilities are insuffi-
ciently developed to initially specify a minimum age of 14 years.
ILO Convention 182 was passed in 1999 and had been ratified by 122 nations. It commits ratifying
nations to take immediate action to secure the prohibition and elimination of the worst forms of
child labor, defined as:
all forms of slavery or practices similar to slavery, such as the sale and trafficking of
children, debt bondage and serfdom and forced or compulsory labor, including forced or
compulsory recruitment of children for use in armed conflict;
the use, procuring or offering of a child for prostitution, for the production of pornography
or for pornographic performances;
10
the use, procuring or offering of a child for illicit activities, in particular for the production
and trafficking of drugs as defined in the relevant international treaties;
work which, by its nature or the circumstances in which it is carried out, is likely to harm
the health, safety or morals of children.
Among other actions, ILO Convention 182 requires ratifying nations to: remove children
from abusive child labor and provide them with rehabilitation, social reintegration, access to free
basic education and vocational training; consult with employer and worker organizations to create
appropriate mechanisms to monitor implementation of the Convention; apply the Convention to
children under the age of 18; take into account the special vulnerability of girls; and provide
assistance and/or cooperate with efforts of other members to implement the Convention.
Source: ILO Convention No. 182: Worst Forms of Child Labor, 1999, at http://ilolex.ilo.ch:1567/english/
convdisp2.htm. See also “About Child Labor,” USDOL, ICLP, at http://www.dol.gov/dol/ilab/public/
programs/iclp/projects.htm. Ratifications are as of January 25, 2002.
Informal sector
The informal sector refers to areas of economic activity that are largely unregulated
and not subject to labor legislation. A more precise description of the informal sector by
the ILO suggests “these units typically operate at a low level of organization, with little or
no division between labor and capital as factors of production and on a small scale.”
Furthermore, where labor relations exist, interactions are not based on contracts or formal
arrangements; rather they are grounded on casual employment, kinship, and personal or
social relations. Because employers in the informal sector are not accountable for comply-
ing with occupational safety measures, children who work in “hazardous” or “ultra-hazard-
ous” settings likely run the risk of injury without any social protections. For this reason,
households may be reluctant to indicate work by children in the informal sector, which can
increase the probability of underreporting. In addition, because businesses in the informal
sector are not usually included in official statistics, children working in informal sector
enterprises do not show up in labor force activity rates.
Source: “Informal Sector: Who are they?” ILO Web site at www.ilo.org/public/English/employment/
skills/informal/who.htm. See also ILO, 15th International Conference of Labor Statisticians (Geneva,
Switzerland, January 19-28, 1993) and By the Sweat and Toil of Children, Vol. I: The Use of Child Labor
in U.S. Manufactured and Mined Imports (Washington, D.C.: USDOL, 1994), 2.
In 1992, the ILO created IPEC to implement technical cooperation activities in countries
with significant numbers of child laborers. The objective of the IPEC program is the elimination of
child labor, particularly children working under forced labor conditions and in bondage, children in
hazardous working conditions and occupations, and especially vulnerable children, such as work-
ing girls and very young working children (under 12 years of age).
Countries participating in IPEC sign an MOU outlining the development and implementa-
11
tion of IPEC activities and the efforts to be undertaken by governments to progressively eradicate
child labor. IPEC National Program Steering Committees are then established with participation of
governments, industry and labor representatives, and experienced NGOs. IPEC provides technical
assistance to governments, but most of the direct action programs are carried out by local NGOs
and workers’ and employers’ organizations. IPEC activities include awareness-raising about child
labor problems; capacity building for government agencies and statistical organizations; advice and
support for direct action projects to withdraw working children from the workplace; and assistance
to governments in drawing up national policies and legislation.
Between fiscal years 1995 and 2001, the U.S. Congress has appropriated over USD 112
million for child labor activities, including support of IPEC programs.
Source: By the Sweat and Toil of Children, Vol. V: Efforts to Eliminate Child Labor (Washington, D.C.:
USDOL, 1998), 4. See also “Child Labor Projects,” USDOL, ICLP, at http://www.dol.gov/dol/ilab/public/
programs/iclp/projects.htm.
Light Work
Light work is defined in ILO Convention 138 as work that is not likely to harm the health
or development of young persons, and not such as to prejudice their attendance at school, their
participation in vocational orientation or training programs approved by the competent authority or
their capacity to benefit from the instruction received.
Source: ILO Convention No. 138: Minimum Age for Employment, 1973, Article 3, at http://
ilolex.ilo.ch:1567/english/convdisp2.htm.
The net primary attendance ratio is the percentage of the official primary
school age population that attends primary school. This indicator shows the extent
of participation in primary schooling among children of primary school age.
Source: “UNESCO Indicator Definitions for GED Online,” USAID, at http://quesdb.cdie.org/ged/
un_def.html.
The net primary enrollment ratio is the enrollment of primary students of the official age
expressed as a percentage of the primary school-age population. A high net primary enrollment
ratio denotes a high degree of participation of the official school-age population. When compared
with the gross primary enrollment ratio, the difference between the two ratios highlights the
incidence of under-aged and over-aged enrollment. In many countries the official primary school
age group is 6-11 years. The difference in national systems of education should be accounted for
when comparing rati
12
Primary Education
Promotion Rate
The promotion rate is the percentage of pupils promoted to the next grade in the following
school year. Some countries practice automatic promotion, meaning that all pupils are promoted,
regardless of their scholastic achievement.
Source: UNESCO Education for All: Year 2000 Assessment: Glossary (Paris, 2001) [CD-ROM].
Ratification
Source: “Glossary of Terms Related to International Labour Standards,” ILO International Labour Stan-
dards, at 222.ilo.org/public/English/standards/norm/sources/glossry.htm. See also The Process: From
Signature to Ratification, Convention on the Rights of the Child, UNICEF, at http://www.unicef.org/crc/
process.htm. See also ILO Convention No. 138: Minimum Age for Admission to Employment, Article 11, at
http://ilolex.ilo.ch:1567/english/convdisp2.htm, and ILO Convention No. 182: Worst Forms of Child Labor,
Article 9, at http://ilolex.ilo.ch:1567/english/convdisp2.htm.
Retention Rate
The repetition rate is the percentage of pupils who enroll in the same grade the following
school year, as in the current school year.
Source: UNESCO, Education for All: Year 2000 Assessment: Glossary (Paris, 2001) [CD-ROM].
13
Time-Bound Program
Time-Bound Programs are implemented through ILO-IPEC and aim to prevent and
eliminate all incidences of the worst forms of child labor within a defined period. The
objective is to eradicate these forms of child labor within a period of 5-10 years,
depending on the magnitude and complexity of child labor in each country.
Source: Eliminating the Worst Forms of Child Labour: An Integrated and Time-Bound Approach, A
Guide for Governments, Employers, Workers, Donors, and other Stakeholders (Geneva: ILO-IPEC, April
2001), 3.
Trafficking of Children
At its most basic, the trafficking of children can be defined as a series of events that
includes acquiring the children, moving them and exploiting them. In the context of CSEC, the
exploitation is taken to mean in commercial sex, although it is recognized that children trafficked
into exploitative labor, for example into begging, sweatshops, industry or agriculture, are also at
risk of then being sold into sex.
The acquisition and transport may involve force, persuasion, coercion, trickery, the
administration of drugs, family and other complicity, or may be on the initiative of the child him/
herself. The transport may be by road, air, rail or sea and be cross-border or within a country, for
example from rural community to urban area. The exploitation may involve labor or commercial
sex, and may involve financial transactions or other rewards for the exploiter (for example elevated
status within para-military hierarchies for militia who provide children for the service of their
superiors).
Trafficking of children is identified as a worst form of child labor in ILO Convention 182.
Source: Press Kit Background Paper One: Commercial Sexual Exploitation of Children, an Update, 2nd
World Congress Against Commercial Sexual Exploitation of Children, Yokohama, Japan, December 17-
20, 2001, at http://www.focalpointngo.org/yokohama/presskit/backgound1.htm. See also ILO Convention
No. 182: Worst Forms of Child Labor, 1999, at http://ilolex.ilo.ch:1567/english/convdisp2.htm.
See section “ILO Convention No. 182: Worst Forms of Child Labor.”
14
Country Profiles
Albania
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Albania has been a member of ILO-IPEC since June 1999. The
Albanian Government, in cooperation with ILO-IPEC, is working with local organizations to
initiate direct action programs to assist street children, children working in agriculture, and victims
of child trafficking.13
UNICEF has been working with the government to promote children’s rights and reestab-
lish a secure, normalized environment for children in a number of primary schools and kindergar-
tens in war-affected regions.14 In addition, the government has publicly acknowledged the need for
improved anti-trafficking measures, and the IOM is implementing a counter-trafficking strategy
that includes mass information campaigns, return and reintegration programs for victims, and ‘best
practices’ training for government personnel and related organizations involved in the counter-
trafficking effort.15
In 2000, UNICEF estimated that 31.7 percent of children between the ages of 5 and 14
years in Albania were working.16 Children work in the streets as beggars and vendors, in their
households as farm or domestic workers, and in the commercial sex industry.17 Young girls are
13
Programs also include training for government personnel on Conventions No. 138 and 182 and child
trafficking data collection. See ILO-IPEC, Programme Implementation Report, 1998-1999, at http://
www.ILO.org/public/english/standards/ipec/publ/imprep99/report5.htm. See also Altin Haziza, Children’s
Human Rights Centre of Albania, Child Labor Program Coordinator, interview [ICLB files].
14
Children’s Human Rights Centre of Albania, “Help the Children,” Electronic Newsletter #83, October
4, 2000, at http://www.geocities.com/qmdfsh/Sites/English/Newsletter83.htm.
15
U.S. Embassy—Tirana, unclassified telegram no. 1818, October 2001. See also IOM, IOM Counter
Trafficking Strategy for the Balkans and Neighboring Countries, January 2001.
16
This estimate includes all children who have performed any paid or unpaid work for someone who is
not a member of the household, who have performed more than 4 hours of housekeeping chores in the
household, or who have performed other family work. See Multiple Indicator Cluster Survey (MICS) 2,
2000 (UNICEF, December 4, 2000) [hereinafter MICS 2], at http://www.ucw-project.org/cgi-bin/ucw/
Survey/ on 11/5/01.
17
Children working as street beggars are often ethnic Roma. According to MICS 2, just over half of
Albanian children perform domestic work for up to 4 hours per day. In 2000, more than 2,000 children
between ages 13 and 18 were reportedly involved in prostitution rings. See Children’s Human Rights
Centre of Albania, The Vicious Circle: A Report on Child Labour—Albania (Tirana, 2000) [hereinafter
The Vicious Circle]. See also Country Reports on Human Rights Practices for 2000—Albania (Washing-
15
trafficked to Western Europe to work as prostitutes, and boys are trafficked to Greece and Italy. A
large percentage of trafficked Albanians—up to 75 percent in some regions—are children. Many
are tricked into prostitution or abducted from families or orphanages and then sold to prostitution
or pedophilia rings abroad.18 There are no current reports of children working as soldiers, although
children allegedly were involved in armed activity in 1997.19
Primary education is compulsory and free for eight years, typically through the age of
20
18. In 1995, the gross primary enrollment rate was 107.2 percent, and the net primary enrollment
rate was 101.7 percent.21 Primary school attendance rates are unavailable for Albania. While
enrollment rates indicate a level of commitment to education, they do not always reflect children’s
participation in school.22 While the Ministry of Education and Sciences reports that the dropout
rate is approximately 3 percent, local children’s groups believe the number is higher.23
ton, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000], Sections 6d and 6f, at
http://www.state.gov/g/drl/rls/hrrpt/2000/eur/index.cfm?docid=668. See also MICS 2.
18
Young boys traveling to Greece or Italy may become indebted to traffickers and become involved in
begging rings or forced labor after borrowing money to pay for the speedboat crossing. According to the
Center for the Protection of Children’s Rights (CRCA), a large number of children (as many as 4,000)
work as child prostitutes in Greece. See Daniel Renton, “Child Trafficking in Albania” (Save the Children
publication, March 2001) [hereinafter Renton, “Child Trafficking”], 16, 18-22, 44. See also Country
Reports 2000 at Sections 5, 6c, 6f.
19
Coalition to Stop the Use of Child Soldiers, Global Report 2000: Albania, at http://
www.child-soldiers.org/.
20
Violations of compulsory education laws are punishable by fines, as stated in Article 59 of the Law for
Pre-University Education. See Country Reports 2000 at Section 6d. See also UN Commission on Human
Rights, Preliminary Report of the Special Rapporteur on the Right to Education, prepared by Katarina
Tomasevski, E/CN.4/1999/4913 (Geneva, January 1999). See also The Vicious Circle.
21
The available net enrollment statistic is higher than 100 percent, although this is theoretically impos-
sible. The World Bank attributes this abnormality to discrepancies between estimates of the school-age
population and reported enrollment data. See World Development Indicators 2001 (Washington, D.C.:
World Bank, 2001) [CD-ROM].
22
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
23
Local organizations report that dropout rates and child truancies are much higher than government
reports indicate, although no formal data are available. Interviews of people in rural and urban areas
indicate that children leave school for various reasons, including work and fear for personal safety. School
attendance rates in rural areas are reportedly lower because of the fear of abduction by traffickers, and it is
reported that as a result, in some rural areas, up to 90 percent of girls over age 14 do not attend school.
Reports of dropouts are particularly high among the ethnic Roma minority. See The Vicious Circle and
Renton, “Child Trafficking,” at 34.
16
Child Labor Laws and Enforcement
The Labor Code sets the minimum age of employment at 16 years. Minors 14 years of age
and older may seek employment during school holidays, but until the age of 18 they are only
permitted to work in light jobs, which are determined by the Council of Ministers.24 Labor Act No.
7724 prohibits night work by children less than 18 years of age and limits their work to six hours
per day.25 The Constitution forbids forced labor by any person, except in cases of execution of
judicial decision, military service, or for service during state emergency or war.26 The Labor Code
also prohibits forced or compulsory labor.27 The Criminal Code prohibits prostitution, and the
penalty is more severe when a minor girl is solicited.28 In January 2002, changes to the Criminal
Code established penalties for trafficking of minors as well as trafficking of women for prostitu-
tion.29 However, trafficking prohibitions are rarely enforced.30 Albania ratified ILO Convention
138 on February 16, 1998 and ILO Convention 182 on August 2, 2001.31
24
The Ministry of Labor may enforce minimum age requirements through the courts, but no recent cases
of this actually occurring are known. The employment of children is punishable by a fine, as stated in
Article 60 of the Law for Pre-University Education. See Country Reports 2000 at Section 6d and The
Vicious Circle.
25
Act No. 7724 of June 1993 at http://www.cyber.law.harvard.edu/population/cgi-gin/dbtcgi.exe on 9/26/
01.
26
Furthermore, Article 54(3) of the Constitution states that “children, the young, pregnant women and
new mothers have the right to special protection by the state.” The ages of children protected under Article
54(3) are not specified. See Constitution for the Republic of Albania, Chapter II, Article 26, and Chapter
IV, Article 54(3), at http://pbosnia.kentlaw.edu/resources/legal/albania/constitution/pt2ch2.htm on 9/21/01.
27
Country Reports 2000 at Section 6c.
28
Albania Criminal Code, Articles 113-115, as cited in Human Rights Report on Trafficking of Women
and Children: Albania, The Protection Project Database, at http://www.protectionproject.org on 12/27/01.
29
Country Reports on Human Rights Practices for 2001—Albania (Washington, D.C.: U.S. Department of
State, 2002) Section 6f.
30
There are very few prosecutions for offences related to trafficking. Also, victims of prostitution rings
rather than the pimp are often penalized. See Renton, “Child Trafficking,” at 11, 12. See also Country
Reports 2000 at Section 6f.
31
ILOLEX database: Albania at http://www.ilolex.ilo.ch.
NOTE: Hard copies of all Web citations are on file.
17
Angola
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Armed conflict in Angola has severely affected children and limited government spending
for social and educational programs.32 In 2001, the government initiated a national registration
system to document the age of children under 18, which will enable military recruiters to adhere to
minimum conscription age laws by verifying age documentation.33 In 1994, the Government of
Angola and UNITA signed the Lusaka Protocol, which gave UNICEF responsibility for the
establishment of rehabilitation programs for former child soldiers. UNICEF locates relatives,
arranges transportation and reunites the children with their families. The program also serves to
identify appropriate school and job training opportunities, and prepares local communities to
accept children who were engaged in armed conflict.34
In 1999, the ILO estimated that 26.3 percent of children between the ages of 10 and 14 in
Angola were working.35 Many children work in subsistence agriculture and as domestic servants.36
In 1998, UNICEF estimated that there were approximately 5,000 street children living in Luanda,
many of whom work in the commercial sex industry, or as street vendors or beggars.37 Both the
Government and the rebel militia of National Union for the Total Independence of Angola
(UNITA) have used children as soldiers, and it there are reportedly nearly 7,000 children currently
32
UNICEF, A Humanitarian Appeal for Children and Women, January-December 2001, Angola [hereinaf-
ter Humanitarian Appeal].
33
U.S. Embassy—Luanda, unclassified telegram no. 3017, September 2001 [hereinafter unclassified
telegram 3017].
34
UNICEF is also working on an emergency education initiative to provide schooling for internally
displaced children. See Damien Personnaz, “For Angola’s Former Child Soldiers, Peace Brings Uneasy
Calm,” UNICEF Feature, at http://www.unicef.org/features/feat171.htm. See also Coalition to End the
Use of Child Soldiers, Global Report 2001: Angola [hereinafter Global Report 2001], at http://
www.child-soldiers.org/embargo/donotpublish/globalreport.html#, and Humanitarian Appeal.
35
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World Devel-
opment Indicators 2001] [CD-ROM].
36
Country Reports on Human Rights Practices for 2000—Angola (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfm?docid=658.
37
According to a local NGO in Luanda, about 500 to 1,000 children were working as prostitutes in the
capital city. See “Angola: Children Survive War as Scavengers, Prostitutes,” UN Wire, June 1, 1999, at
http://www.unfoundation.org/unwire/archives/search-r.asp?q=angola&qu2=women&ct=UNF_DBase2,
and Country Reports 2000 at Section 5.
18
drafted, some as young as 10 years old.38 UNITA drafts or kidnaps children to serve in combat and
as laborers.39
Education in Angola is compulsory for eight years,40 and it is free of charge, although
families are responsible for significant additional fees.41 In 1991, gross enrollment in primary
school was 88.1 percent.42 Primary school attendance rates are unavailable for Angola. While
enrollment rates indicate a level of commitment to education, they do not always reflect children’s
participation in school.43
The minimum age for employment in Angola is 14 years.44 Children between the ages of
14 and 18 are not permitted to work at night, in dangerous conditions, or in occupations requiring
great physical effort.45 Children under 16 years of age are restricted from working in factories.46
Forced or bonded labor is prohibited by law,47 and in 1998 the Angolan Council of Ministers
38
The use of child soldiers is a significant and ongoing problem in Angola. In March 1996, the UN’s
Department of Humanitarian Affairs surveyed 17,000 demobilized soldiers in just 4 of 15 demobilization
centers and found that more than 1,500 were under age 18. Coalition to Stop the Use of Child Soldiers
sources report 3,000 children active in the Angolan Armed Forces and another 3,000 active with the
National Union for the Total Independence of Angola (UNITA), despite efforts to demobilize 8,500
children following the 1994 peace agreement. The State Department reports that children as young as age
10 are being recruited or forcibly conscripted by UNITA. The Government of Angola does not target
children in recruitment and conscription efforts, but because of difficulties in documenting age, it is
common to discover children as young as age 16 or 17 on active duty. To enforce laws on mandatory
military service, the armed forces and police conducted forced conscription drives in many of the areas
under the control of the government, including Luanda, in which some minors may have been recruited.
The government denied that forced recruiting was taking place, however. See Country Reports 2000 at
Section 5, Global Report 2001, and unclassified telegram 3017.
39
Unclassified telegram 3017.
40
UN Commission on Human Rights, Preliminary Report of the Special Rapporteur on the Right to
Education, prepared by Katarina Tom_sevski, at http://www.right-to-education.org/unreports/
unreport1prt3.html#tabel6 on 10/30/01.
41
Country Reports 2000 at Section 5.
42
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM]. The U.S. State Depart-
ment reports net enrollment to be dramatically lower and states that only 30 percent of children remain in
school after grade 5. Net enrollment of school-age children is 40 percent, and approximately 1 million
children are estimated to be out of school, with no prospect of future integration into the education
system. See also World Development Indicators 2001 and Country Reports 2000 at Section 5.
43
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
44
Country Reports 2000 at Section 6d.
45
Ibid.
46
Ibid.
47
Ibid. at Section 6c.
19
established a minimum conscription age for military service of 17 years.48 Trafficking is not
prohibited in Angola,49 and there are no laws specifically dealing with child prostitution or child
pornography, although prostitution at any age is prohibited.50
The Inspector General of the Ministry of Public Administration, Employment, and Social
Security is responsible for enforcing labor laws. In theory, child labor complaints are filed with the
Ministry of Family and Women’s Affairs. In addition, the Ministry of Public Administration,
Employment, and Social Security maintains employment centers to screen out applicants under age
14. Fines and restitutions are the primary available legal remedies for the enforcement of child
labor laws. However, there is no formal procedure for inspections and investigations into child
labor, and reports of child labor complaints have been virtually non-existent.51 The Government of
Angola ratified ILO Convention 138 and ILO Convention 182 on June 13, 2001.52
48
According to UNICEF, only 5 percent of the births in Angola are registered, which causes problems
when verifying children’s ages for both military recruitment and school enrollment purposes. See unclassi-
fied telegram 3017. See also Humanitarian Appeal.
49
Country Reports on Human Rights Practices for 2001—Angola (U.S. Department of State: Washington,
D.C., 2002), Section 6f.
50
U.S. Embassy—Luanda, unclassified telegram no. 3182, August 2000.
51
Angola’s primary law concerning child labor comes from Articles 29-31 of the Constitutional Law of
1992, which guarantee protection of the family and children. Child labor is thereby considered a family
issue, and responsibility for implementation and enforcement of child labor laws is delegated to the
Ministry of Family and Women’s Affairs. There are no reports that forced labor occurs in government-held
areas, but the government does not have the capacity to enforce this legislation in non-government-held
areas. See Country Reports 2000 at Section 6c and U.S. Embassy—Luanda, unclassified telegram no.
2685, July 2000.
52
ILOLEX database: Angola at http://ilolex.ilo.ch:1567/english/ on 10/30/01.
NOTE: Hard copies of all Web citations are on file.
20
Antigua and Barbuda
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Antigua and Barbuda is conducting extensive research on child labor,
and simultaneously implementing a public education campaign on child labor through the print and
electronic media.53
Statistics on the number of working children under the age of 15 years in Antigua and
Barbuda are unavailable and there is limited information on the incidence of child labor in the
country. 54 However, recent investigations indicate that children as young as 13 years old have
been involved in a prostitution and pornography ring.55
Education is compulsory and free for children between the ages of 5 and 16 years.56 In
order to ensure that all costs related to schooling are covered by the government, there is an
53
The government also plans to establish a committee on children’s rights and indicated that it intends to
strengthen monitoring and implementation of the UN Convention on the Rights of the Child. In addition,
UNICEF conducted a needs assessment on children and families for the government to establish a
National Plan of Action on Child Survival, Development, and Protection. UNICEF is also actively
promoting the development of National Plans of Action on children’s rights in Caribbean countries,
following the World Summit for Children. See U.S. Embassy— Bridgetown, unclassified telegram 1773,
September 2001 [hereinafter unclassified telegram 1773], and Country Reports on Human Rights Prac-
tices for 2000—Antigua and Barbuda (Washington, D.C.: U.S. Department of State, 2000) [hereinafter
Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm?docid=667.
See also UNICEF, “Social Policy, Development and Planning, Caribbean Area Office,” at http://
www.unicef-cao.bb/spdp1.htm on 11/26/01.
54
According to various sources, there are no reports of child trafficking, forced labor, or violations of the
laws on the minimum age for employment. There are approximately 24,000 children under age 18 in the
country, or 36 percent of the total population. Statistics on children active in the labor force are not
available. See Country Reports at Sections 6c, 6d, 6f. See also World Development Indicators 2001
(Washington, D.C.: World Bank, 2001) [CD- ROM].
55
To date, eight individuals have been arrested and charged based on this incident, and investigations are
ongoing. In addition, given the economy’s heavy reliance on tourism, government officials could not rule
out the possibility that child prostitution or the involvement of children in drug trafficking continues.
Representatives from Antigua and Barbuda attended the ILO Caribbean Tripartite Meeting on the Worst
Forms of Child Labor in December 1999, and based on what was learned at the meeting, they expressed a
need to reassess the country’s situation with regard to child labor sectors that cater to the tourist industry.
See Lionel Hurst, Labour Commissioner of the Government of Antigua and Barbuda, letter to ICLP
official, October 18, 2001 [hereinafter Hurst letter] [letter on file], and unclassified telegram 1773.
56
Gross and net attendance and enrollment statistics are not available. See UNESCO, The Education for
All (EFA) 2000 Assessment: Country Reports—Antigua and Barbuda, at http://www2.unesco.org/wef/
countryreports/antigua_barbuda/rapport_1.html.
21
education levy on all basic wages in Antigua and Barbuda, with the funds used toward such costs
as supplies, transportation, and school infrastructure maintenance.57
The Women, Young Persons and Children Employment Provisions within the Labor Code
set the minimum age for employment at 16 years.58 The Provisions also establish limited working
hours for children less than 16 years, and prohibit working during school hours.59 Chapter II of the
Constitution (Article 6) prohibits slavery and forced labor.60 The Sexual Offences Act prohibits
prostitution, and it is mandatory to report all incidents to government police.61 There is no compre-
hensive law prohibiting trafficking in persons; however, existing laws on prostitution and labor
provide a legal framework to prosecute individuals for trafficking offenses.62 The Ministry of
Labor is required to conduct periodic inspections of workplaces. There have been no reports of
minimum age violations, according to the Ministry of Labor. Antigua and Barbuda ratified ILO
Convention 138 on March 17, 1983, and expects to ratify ILO Convention 182 before the end of
the calendar year.63
57
Unclassified telegram 1773.
58
Antigua and Barbuda Labour Code [hereinafter Labour Code], Division E, as cited in Hurst letter. See
also Country Reports 2000 at Section 6d.
59
Labour Code at Division E, Sections E3-E5(3).
60
Constitution of Antigua and Barbuda, Chapter II, Article 6 (1981), at http://www.georgetown.edu/
LatAmerPolitical/Constitutions/Antigua/antigua-barbuda.html on 10/16/01.
61
Sexual Offences Act (1995), Part II, as cited in Human Rights Reports on Trafficking of Women and
Children, Antigua and Barbuda, The Protection Project Database, at http://www.protectionproject.org.
See also unclassified telegram 1773.
62
Prostitution and drug trafficking laws establish penalties, including fines, confinement, confiscation of
property, or a combination of the three. See unclassified telegram 1773.
63
The Cabinet approved the recommendation of the Labor Commissioner that Convention 182 should be
ratified, and it is currently before Parliament for consideration. See unclassified telegram 1773. See also
ILOLEX database: Antigua and Barbuda at http://ilolex.ilo.ch:1567/english/.
NOTE: Hard copies of all Web citations are on file.
22
Argentina
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Argentina has been a member of ILO-IPEC since 1996. In August
2000, a National Commission for the Eradication of Child Labor (CONAETI) was established to
initiate research and data collection on child labor and to initiate a national awareness campaign
aimed at children who leave school early to work.64 Currently, CONAETI is planning a national
child labor survey with technical assistance from ILO-IPEC’s SIMPOC to collect data on working
children. The Commission has also created a website on child labor and coordinated four sectoral
agreements with labor organizations and businesses to examine and address child labor issues in
the clothing, footwear, agriculture and construction industries.65 The National Council for Minors
and Family, a government organization reporting to the Ministry of Social Development and
Environment, developed an Action Plan, together with the Attorney General, the Ministry of
Justice and Human Rights, the National Council of Women, and UNICEF, for the elimination of
child prostitution.66
The Ministry of Culture and Education is working to improve the education system for
disadvantaged children. In 1997, the government received a loan from the Inter-American Devel-
opment Bank to implement programs assisting youth in low-income families, including the distri-
bution of scholarships to reduce the dropout rate among 13 to 19 year olds.67
In 1999, the ILO estimated that 2.8 percent of children between the ages of 10 and 14
years in Argentina were working.68 In 1995, 73 percent of working children were found in urban
64
The Argentine Government is concerned by the lack of reliable qualitative and quantitative information
available on child labor. To address this problem, the National Commission established a subcommission
for research and data-collection, consisting of representatives from the government, organized labor, the
business community, religious groups, UNICEF, and NGOs. See Government of Argentina, Ministry of
Labor, “NO al Trabajo Infantil,” at http://www.trabajo.gov.ar/institucional/trabajoinfantil/index.html.
65
U.S. Embassy— Buenos Aires, unclassified telegram no. 4240, November 2001 [hereinafter unclassi-
fied telegram 4240].
66
Country Reports on Human Rights Practices for 2000—Argentina (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/
wha/index.cfm?docid=690.
67
The Inter-American Development Bank provided a USD 370 million loan in 1997 to support Govern-
ment of Argentine efforts to support youth in low-income families. See Youth at the UN, Country Profiles
on the Situation of Youth—Argentina, at http://esa.un.org/socdev/unyin/country7.asp?countrycode=ar on
9/28/01.
68
World Development Indicators 2001 (Washington D.C.: World Bank, 2001) [hereinafter World Develop-
ment Indicators 2001] [CD-ROM].
23
areas, 27 percent in rural areas.69 Children work in agriculture, the informal service industry, the
commercial sex industry, and in the household.70 The sexual exploitation of children is reportedly
widespread.71 There were also reports of children being trafficked from rural to urban areas of the
country.72 Argentine women and children are trafficked to countries throughout Europe. Argentina
also receives trafficked children from Latin American countries.73
Education is free and compulsory in Argentina for a minimum of nine years, beginning at
74
age 6. In 1997, the gross primary enrollment rate was 110.7 percent, and in 1991, the net primary
enrollment rate was 95.7 percent.75 Reportedly, the majority of child workers drop out of primary
school.76 Primary school attendance rates are unavailable for Argentina. While enrollment rates
indicate a level of commitment to education, they do not always reflect children’s participation in
school.77
69
Government census figures indicate that about 5 percent of children between ages 6 and 14 are em-
ployed. Local NGOs put that estimate closer to 10 percent. See Ministerio de Trabajo, Empleo y
Formacion de Recursos Humanos, Secretaria de Trabajo, “Estadisticas Nacionales” [hereinafter
“Estadisticas Nacionales”], at http://www.trabajo.gov.ar/trabajo/menores/estadisticas_nacion.html. See
also Country Reports 2000 at Section 6d.
70
Specifically, children have been found in agriculture, helping with the harvests of cotton, tea, tobacco,
fruit, and other products; working at home or in small family establishments; and working in the informal
commercial and service sectors. According to a UNICEF study in the early 1990s, three out of four urban
child laborers work in the informal sector of the economy. In addition, in rural areas, “naturalization” of
child laborers occurs, which refers to the culturally accepted practice of allowing and encouraging
children, when they are as young as 4 or 5 years old, to begin performing domestic work with family
member. See Country Reports 2000 at Section 6d. See also “Estadisticas Nacionales.”
71
Country Reports 2000 at Section 6d.
72
Ibid. at Sections 5 and 6f.
73
According to The Protection Project, Paraguayan authorities uncovered a trafficking ring that sent
Paraguayan women and young girls to Buenos Aires, under the guise of working as domestic servants, and
then forced them into prostitution. In one prominent case, two girls escaped from an Argentine brothel in
April 2000 and returned to their homes. The Paraguayan authorities charged a number of Paraguayans
with involvement in the case; however, at year’s end, none had been convicted. An Argentine television
station also conducted an investigation of prostitutes working in greater Buenos Aires and reported a
number of undocumented Paraguayan women and girls working in slave-like conditions, offering their
services as prostitutes in exchange for their clothing, room, and board. There were also unconfirmed press
reports that Bolivian children sometimes were sold to sweatshops in Argentina. See Country Reports 2000
at Section 6f. See also The Protection Project Database at http://www.protectionproject.org.
74
Federal Law of Education 1993, as cited in unclassified telegram 4240. See also Country Reports 2000
at Section 5.
75
For gross enrollment figures, see World Development Indicators 2001. For the enrollment figures, see
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
76
“En la Argentina hay casi 500,000 chicos que trabajan,” La Nacion Line, July 30, 2001, at http://
www.lanacion.com.ar/01/07/30/de_323703 on 7/31/01.
77
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
24
Child Labor Laws and Enforcement
The Law on Labor Contracts (No. 20.744) sets the minimum age for employment at 14
years, but children of legal working age are prohibited from entering employment if they have not
completed compulsory education, which normally ends at 15 years.78 Children who are under the
age of 14 may work in businesses where only family members are employed, as long as the work
is not dangerous, harmful or detrimental to them.79 Children between the ages of 14 and 18 are
prohibited from working more than six hours a day and 36 hours a week, with certain exceptions
for 16 to 18-year-olds.80 Children under the age of 18 are prohibited from working between the
hours of 8 p.m. and 6 a.m. and from engaging in work that could endanger their safety, health or
moral integrity.81 The Constitution prohibits slavery.82 Argentine laws against child abuse
criminalize the trafficking of children for prostitution.83
In January of 2000, the government enacted a federal law that establishes a unified regime
of sanctions for the infringement of labor laws. Child labor laws are still enforced on a provincial
or local basis, however. Violators of underage employment laws can receive a fine of USD 1,000
to 5,000, but penalties are not consistent from province to province.84 Argentina ratified ILO
Convention 138 on November 11, 1996 and ILO Convention 182 on February 5, 2001.85
78
The law states that children can work at age 14 if they have completed compulsory education. Since
compulsory education normally ends at age 15, the minimum age for employment is, in effect, 15. See
Ministry of Labor, Employment and Human Resources Training, “Cuales Son Las Normas Que Regulan
el Trabajo de Niños,” at http://www.trabajo/gov.ar/documentacion/legislacion/index.html. See also
Ministry of Labor, Employment and Human Resources Training, “Legislación Laboral—Ley de Contrato
de Trabajo,” Articles 187-195, 32 [hereinafter “Ley de Contrato de Trabajo”], at http://www.trabajo/
gov.ar/documentacion/legislacion/index.html.
79
In 1993, the Federal Education Law set the compulsory education at age 9. The government is currently
considering a law that would raise the minimum age for employment to 15, making it consistent with the
Federal Education Law. See “Ley de Contrato de Trabajo” at Articles 187-195, 32.
80
Children between ages 16 and 18 can work 8 hours a day and 48 hours a week if they obtain the
permission of administrative authorities. See “Ley de Contrato de Trabajo” at Articles 187-195, 32 .
81
“Ley de Contrato de Trabajo” at Articles 187-195, 32. See also unclassified telegram 4240.
82
Constitution of Argentina, Section 15, at http://www.uni-wuerzburg.de/law/ar00000_html.
83
Article 127 of the Penal Code states, “A person who procures or facilitates the entry into or exit from the
country of a woman or minor for the purposes of prostitution shall be punished by detention or a prison
term from three to six years.” In addition, other laws prohibit alien smuggling, indentured servitude, and
similar abuses. See UN Committee on the Elimination of Discrimination Against Women, Consideration
of Reports Submitted by States Parties Under Article 18 of the Convention: Second Periodic Report of
States Parties, Argentina, CEDAW/C/ARG/2, September 21, 1992.
84
This law replaced provincial laws previously in effect. See unclassified telegram 4240.
85
ILOLEX database: Argentina at http://ilolex.ilo.ch:1567/english/ on 9/28/01.
25
Armenia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Statistics on the number of working children under the age of 15 in Armenia are unavail-
88
able. However, reports indicate the existence of child labor in agriculture, in the commercial sex
industry, and among street children.89 In the city of Yerevan, children were found selling newspa-
pers and flowers, often during normal school hours.90 In rural areas, children perform household
chores and work in seasonal harvesting.91 In 2001, a report by IOM and OSCE found that women
and children are trafficked from Armenia to the Middle East, Turkey, and Russia to work as
prostitutes.92 Minors are also reportedly conscripted into the Armenian armed forces to work as
child soldiers.93
86
Embassy of the Republic of Armenia letter to ICLP official, October 24, 2001 [hereinafter Embassy of
the Republic of Armenia letter][letter on file].
87
The first part of the project involved a survey of the situation in Armenia, public awareness efforts, and
government lobbying. The second stage is the initiation of legislation on the prosecution of trafficking.
See OSCE, Project: Trafficking in Human Beings, OSCE Office, Yerevan, at http://www.osce.org/yerevan/
projects on 10/25/01.
88
World Development Indicators 2001 (Washington D.C.: World Bank, 2001) [hereinafter World Develop-
ment Indicators 2001] [CD-ROM].
89
The UN Committee on the Rights of the Child expressed concern about street children and hazardous
work conditions for children in the informal sector. See UN Committee on the Rights of the Child,
Consideration of Reports Submitted by States Parties Under Article 44 of the Convention: Concluding
Observations of the Committee on the Rights of the Child, Armenia, CRC/C/15/Add.119, February 24,
2000 [hereinafter Concluding Observations]. See also Embassy of the Republic of Armenia letter.
90
Ibid.
91
Embassy of the Republic of Armenia letter. See also Country Reports on Human Rights Practices
2000—Armenia (Washington, D.C.: U.S. State Department, 2000) [hereinafter Country Reports 2000],
Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/eur/index.cfm?docid=672.
92
IOM, Trafficking in Women and Children From the Republic of Armenia: A Study (Yerevan, 2001)
[hereinafter Trafficking in Women and Children], 11. See also Country Reports 2000 at Section 6f.
93
The UN Committee on the Rights of the Child is concerned about the alleged conscription of young
children into the State party’s armed forces, particularly refugee children from Azerbaijan. See Conclud-
ing Observations.
26
Primary and secondary school is compulsory up to age 14.94 In 1996, the gross primary
enrollment rate was 87.4 percent.95 Primary school attendance rates are unavailable for Armenia.
While enrollment rates indicate a level of commitment to education, they do not always reflect
children’s participation in school.96 There are high dropout, repetition, and absenteeism rates, and
access to education is poor in rural areas.97 In rural areas, seasonal harvesting and other agricul-
tural responsibilities often take precedence over education and result in prolonged absences from
school.98
The 1996 Labor Code sets the minimum age for employment at 16 years with certain
exceptions, and children 15 years of age are allowed to work in non-dangerous conditions with the
consent of their parents or the labor union of the organization for which they work.99 Children
under 18 years may not engage in hazardous work, nor may they work overtime, on holidays, or at
night.100 The 1996 Law on Rights of Children specifically prohibits work that would cause physi-
cal or mental harm to a child, or interfere with the child’s education.101 UN officials raised con-
cerns regarding disparities between the Labor Code and the Armenian Civil Code. According to
Article 13 of the Civil Code, minors under the age of 15 years are required to obtain a parent’s
94
U.S. Embassy— Yerevan, unclassified telegram no. 2213, August 2000 [hereinafter unclassified
telegram 2213].
95
World Development Indicators 2001.
96
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
97
In rural areas, and particularly among ethnic minorities (including the Kurds and Yezdis), cultural
norms frequently dictate that children quit school early to contribute to their family agriculture or busi-
ness. See Concluding Observations and unclassified telegram 2213.
98
Embassy of the Republic of Armenia letter.
99
Labor Code of the Republic of Armenia [hereinafter Labor Code], Articles 19,198, as cited in Embassy
of the Republic of Armenia letter. See also unclassified telegram 2213.
100
According to the Labor Code, workers between ages 16 and 18 must have a shorter workday and
cannot work more than 36 hours a week (24 hours for those between ages 15 and 16). The Government’s
Ministry of Social Welfare, which has jurisdiction over labor problems, maintains a list of jobs considered
to be “hard or hazardous.” See Labor Code at Articles 200, 201, 202, 215, as cited in Embassy of the
Republic of Armenia letter. See also unclassified telegram 2213.
101
Unclassified telegram 2213.
27
consent in order to engage in employment contracts, but this consent in not required for children to
engage in small contracts.102 The Constitution and the 1992 Law on Employment prohibit forced
labor by children.103 The Administrative Code of Armenia makes prostitution illegal and punish-
able by a fine.104 Armenian laws do not prohibit trafficking in persons specifically, although the
Administrative Code criminalizes kidnapping.105
The Ministry of Welfare and the National Police are responsible for monitoring and
enforcing child labor laws. There are no reports of child labor complaints being investigated since
at least 1994.106 Armenia has not ratified either ILO Convention 138 or ILO Convention 182.107
102
This legal loophole would explain why children under age 15 may legally work in family businesses,
such as agriculture. See UN Committee on the Rights of the Child, Consideration of Reports Submitted
by States Parties Under Article 44 of the Convention: Initial Reports of States Parties Due in 1995,
Addendum, Armenia, CRC/C/28/Add.9, July 30, 1997. See also Concluding Observations.
103
Country Reports 2000 at Section 6c.
104
Trafficking in Women and Children at 34.
105
Cases of trafficking in women currently in court are being prosecuted under the Criminal Code
prohibition on brothels. See Country Reports 2000 at Section 6f and Trafficking in Women and Children
at 34.
106
If an agent of the Ministry of Welfare finds probable cause to assume that labor laws are being
violated, the case may be addressed by the Ministry or turned over to the National Police. Family-run
businesses may not be as closely monitored because of legal and cultural reasons. In both Armenian law
and custom, the family is considered a privileged unit that should be and is subject to an absolute
minimum of state interference. In that context, exploitation of children by a child’s family may not be
reported. See unclassified telegram 2213 and Concluding Observations.
107
ILOLEX database: Armenia at http://www.ilolex.ilo.ch.
NOTE: Hard copies of all Web citations are on file.
28
Bahrain
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Bahrain is in the process of drafting a new labor legislation that is
intended to bring the country into full compliance with ILO Convention 182.108 The government
has also established educational training programs for school dropouts.109
Statistics on the number of working children under the age of 15 years in Bahrain are
unavailable. Children work in family businesses and in the informal sector as car washers, vendors,
and porters.110 Child trafficking is a problem throughout the Middle East and the Gulf States,
although there are no official confirmations of such activities in Bahrain.111
Primary education is compulsory under the Constitution and generally lasts until the age of
12 or 13. 112 In 1996, the gross primary enrollment rate was 105.6 percent, and the net primary
enrollment rate was 98.2 percent.113 Primary school attendance rates are unavailable for Bahrain.
While enrollment rates indicate a level of commitment to education, they do not always reflect
children’s participation in school.114 Bahrain’s Shura Council approved a draft Education Law on
October 9, 2001, that would make education compulsory and impose fines on parents of students
who fail to attend school.115
108
U.S. Embassy— Manama, unclassified telegram no. 3448, October 2001 [hereinafter unclassified
telegram 3448].
109
ILO, Review of Annual Reports, The Effective Abolition of Child Labor: Bahrain, GB.277/3/2 (Geneva,
March 2000), 212.
110
U.S. Embassy— Manama, unclassified telegram no. 2602, June 2000. See also unclassified telegram
3448 and Country Reports on Human Rights Practices for 2000—Bahrain (Washington, D.C.: U.S.
Department of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/
rls/hrrpt/2000/nea/index.cfm?docid=781.
111
Country Reports 2000 at Section 5. See also UN Commission on Human Rights, Report of the Special
Rapporteur on Violence Against Women, E/CN.4/2000/68 (Geneva, February 2000); Human Rights Report
on Trafficking of Women and Children: Bahrain, The Protection Project Database [hereinafter Human
Rights Report], at http://ww.protectionproject.org on 12/20/01; and Swedish International Development
Agency, Looking Back, Thinking Forward: The Fourth Report on the Implementation of the Agenda for
Action Adopted at the First World Congress Against Commercial Sexual Exploitation of Children in
Stockholm, Sweden, on August 28, 1996.
112
Constitution of Bahrain (1973) [hereinafter Constitution of Bahrain], Article 7(a), at http://
www.uni-wuerzburg.de/law/ba00000_.html on 10/25/01. See also Country Reports 2000 at Section 5.
113
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
114
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
115
Unclassified telegram 3448.
29
Child Labor Laws and Enforcement
The Labor Law of 1976 establishes 14 years as the minimum age for employment. Ac-
cording to the Labor Law, children between the ages of 14 and 16 may not be employed in hazard-
ous conditions, at night, or for more than six hours per day.116 The Ministry of Labor and Social
Affairs has inspectors to enforce legislation in the industrial sector, and reports indicate that the
mechanisms in place are effective.117 Labor laws do not apply to child domestic workers.118 Forced
or compulsory child labor is prohibited by the Constitution.119 Prostitution is illegal under the
Penal Code, and there are increased penalties for offenses involving a child less than 18 years of
age.120 The Government of Bahrain has not ratified ILO Convention 138, but ratified ILO Conven-
tion 182 on March 23, 2001.121
116
Order No. 6/1979 on the Employment of Juveniles has an extensive listing of occupations and
working conditions that are considered “hazardous” and thereby forbidden for children between
ages 14 and 16. In addition, according to the State Department, employment of juveniles is strictly
regulated. See Government of Bahrain Labour Law for the Private Sector, 1976, at http://
www.cyber.law.harvard.edu/population/cgi-bin/dbtcgi.exe on 9/26/01. See also unclassified
telegram 3448.
117
Country Reports 2000 at Section 6d.
118
There are no available statistics on the numbers of domestic child laborers and servants. Also,
laws are intended to protect Bahraini citizens, and there is no reliable way to monitor or control
working conditions for foreign or illegal workers. See Country Reports 2000 at Section 6c.
119
Constitution of Bahrain at Article 13(c).
120
The Penal Code prohibits solicitation for the purposes of prostitution, enticing a person to
commit acts of immorality or prostitution, living off the profits from prostitution, and establishing
a brothel. Punishments range from 2 to 10 years of imprisonment depending on the crime and the
age of the victim. Bahraini authorities actively enforce the laws against prostitution, and violators
are dealt with harshly and can be imprisoned or, if a noncitizen, deported. In some cases, authori-
ties reportedly return children arrested for prostitution and other nonpolitical crimes to their
families rather than prosecute them, especially for the first offense. See Penal Code of Bahrain,
Articles 324-329, as cited in Human Rights Report. See also Country Reports 2000 at Section 5.
121
ILOLEX database: Bahrain at http://ilolex.ilo.ch:1567/english/ on 10/30/01.
NOTE: Hard copies of all Web citations are on file.
30
Bangladesh
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Bangladesh has been a member of ILO-IPEC since 1994.122 Soon
after, a child labor survey was conducted in 1995 by the Bangladesh Bureau of Statistics with
technical assistance from the ILO’s statistical agency.123 The ILO-IPEC program in Bangladesh
has implemented 75 action programs targeting the worst forms of child labor through awareness
raising, non-formal education, income generating alternatives for families, and capacity building of
partner organizations.124 These programs include USDOL-funded projects to eliminate child labor
in the garment sector and in five hazardous industries, including bidis,125 construction, leather
tanneries, matches, and child domestic services.126 In 2000, USDOL also provided funding for a
follow-up national child labor survey to be conducted by the Bangladesh Bureau of Statistics with
technical assistance from ILO-IPEC’s SIMPOC.127
Bangladesh is one of three countries that participate in the ILO-IPEC South Asia Sub-
Regional Programme to Combat Trafficking in Children for Exploitative Employment (funded by
USDOL).128 The Bangladesh Ministry of Labor, with the support of USAID, is implementing
projects to combat child labor in selected hazardous industries.129 To combat trafficking, the
Department of Social Services under the Ministry of Welfare is implementing a project for socially
122
ILO-IPEC, Project Proposal: Preventing and Eliminating Worst Forms of Child Labor in Selected
Formal and Informal Sectors (Geneva, August 2000) [hereinafter Preventing and Eliminating Worst
Forms of Child Labour], 10, 12. See also ILO-IPEC, Project Document: Continuing the Child Labour
Monitoring and Education Components, and Prepare for the Integration into a Broader Project in the
Garment Export Industry in Bangladesh (Geneva, April 2001), 2 [hereinafter Continuing the Child Labour
Monitoring].
123
Bangladesh Bureau of Statistics, Report on National Sample Survey of Child Labour in Bangladesh,
1995-1996 (Dhaka: ILO-IPEC, October 1996).
124
Preventing and Eliminating Worst Forms of Child Labor at 10, 12. See also Continuing the Child
Labour Monitoring at 2.
125
A bidi is a type of small, hand-rolled cigarette.
126
In 2000, IPEC initiated a project targeting child labor in five hazardous industries. In addition in 1995
and again in 2000, the Bangladesh Garment Manufacturers’ Association, the ILO, and UNICEF signed
Memorandums of Understanding (MOUs) aimed at eliminating child labor in the garment industry. See
Preventing and Eliminating Worst Forms of Child Labor at 10, 12 and Continuing the Child Labour
Monitoring at 2. See also the Second Memorandum of Understanding (MOU-2) Between the Bangladesh
Garment Manufacturers’ and Exporters’ Association (BGMEA), ILO, and UNICEF Regarding the
Monitoring To Keep Garment Factories Child Labour Free, the Education Programme for Child Workers,
and the Elimination of Child Labour (Geneva, June 16, 2000).
127
Preventing and Eliminating Worst Forms of Child Labor.
128
USDOL-Funded IPEC Projects/Programs, Technical Progress Report: South-Asian Sub-Regional
Programme To Combat Trafficking in Children for Exploitative Employment in Bangladesh, Nepal and Sri
Lanka, February 2000.
129
ILO, Country Paper–Bangladesh: Trafficking of Children for Labor and Sexual Exploitation, by
31
disadvantaged women and children, that specifically assists sex workers. The Ministry of Women
and Children Affairs has a child trafficking project to rescue and rehabilitate trafficked children
and to raise awareness about the issue.130
In order to promote education and increase enrollment, the Government of Bangladesh and
the WFP implemented a Food for Education Program in 1993, which gives families wheat or rice
in exchange for sending their children to school.131 In April 2000, the government began a stipend
program that provides 20 taka (USD 0.36) per month to mothers of poor households as an incen-
tive to send their children to school.132 The government collaborates with UNICEF on the Basic
Education for Hard to Reach Urban Children’s Project (BEHTRUC) that provides two-year basic
literacy education to working children living in poor, urban areas.133
In 1999, the ILO estimated that 28.2 percent of children between ages 10 and 14 in
Bangladesh were working.134 According to child labor survey conducted in 1995 by the
Bangladesh Bureau of Statistics, in cooperation with ILO’s statistical agency 1995, the majority of
working children were boys; most working children did not participate in schooling; and child
labor was predominantly found in rural areas.135 Children are found working in a variety of hazard-
Murari Mohan Datta, The ILO-Japan Asian Meeting on the Trafficking of Children for Labor and Sexual
Exploitation, Manila, 2001 [hereinafter Datta, Trafficking of Children] [CD-ROM].
130
Ibid.
131
More than 2.2 million children from 17,000 schools have benefited from this program. See Preventing
and Eliminating Worst Forms of Child Labor at 9. See also Government of Bangladesh, Directorate of
Primary Education, Primary and Mass Education Division, Education for All: Primary Education in
Bangladesh (Dhaka, November 1999), 17.
132
Delwar Hossain, Deputy Chief of Planning, Primary and Mass Education Division, Ministry of
Education, Government of Bangladesh, interview by USDOL official, June 25, 2001. Currency conversion
at http://www.carosta.de/frames/convert.htm on 1/29/02.
133
Ruby Noble, “Basic Education for Hard to Reach Urban Children’s Project: An Overview,” a presenta-
tion at the symposium “Child Labor and the Globalizing Economy: Lessons from Asia/Pacific Countries,”
Stanford University, February 7-9, 2001, at http://www.childlabor.org/events/Ruby_ Noble.htm on 11/6/
01.
134
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
135
The 1995 child labor survey conducted by the Bangladesh Bureau or Statistics estimated that 19
percent (6.6 million) of children between the ages of 5 and 14 in Bangladesh were working. Out of the
total number of working children, boys account for 60 percent (3.9 million) and girls for 40 percent (2.7
million). Nearly 89 percent of these working children do not participate in schooling. Eighty-three percent
of working children are in rural areas as compared to 17 percent in urban areas. Of the total number of
working children, 5.4 million were between ages 10 and 14. Bangladesh Bureau of Statistics, Report on
National Sample Survey of Child Labour in Bangladesh, 1995-1996 (Dhaka: ILO-IPEC, October 1996),
xv, 44-47.
32
ous occupations and sectors, including bidi factories, construction, tanneries, and the seafood and
garment industries.136 Children also work as domestic servants, porters, and street vendors, and are
found working on commercial tea farms.137 Children are reported to be sexually exploited as
prostitutes.138
It is estimated that over 20,000 women and children are trafficked from Bangladesh each
year, often for forced labor or prostitution.139 Trafficking takes place from rural areas of
Bangladesh to its capital, Dhaka, and to India, Pakistan, and countries in the Gulf region and the
Middle East.140 UNICEF estimates that 40,000 children from Bangladesh are involved in commer-
cial sex work in Pakistan alone.141 Boys as young as 4 and 5 years old are also trafficked to the
United Arab Emirates to work as camel jockeys.142
In 1991, the Government of Bangladesh made primary education compulsory for children
between the ages of 6 and 10.143 In 1998, the gross primary enrollment rate was 96.5 percent, and
the net primary enrollment rate was 81.4 percent.144 Primary school attendance rates are unavail-
able for Bangladesh. While enrollment rates indicate a level of commitment to education, they do
not always reflect children’s participation in school.145
136
An ILO study identified and investigated 47 economic activities that were considered hazardous for
children in Bangladesh. In addition, it was found that approximately 65 percent of children work between
9 and 14 hours per day. See Government of Bangladesh, Department of Labour, Hazardous Child Labor
in Bangladesh, study by Dr. Wahidur Rahman (Dhaka: ILO and the Government of Bangladesh, 1996), 3,
4. See also ILO, Child Labour Situation in Bangladesh: A Rapid Assessment, study by Dr. Wahidur
Rahman (Dhaka: ILO and UNICEF, 1997) [hereinafter Rahman, Child Labour Situation].
137
Rahman, Child Labour Situation, at ix, 23.
138
Ibid.
139
Country Reports on Human Rights Practices 2000—Bangladesh (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/hrrpt/
2000/sa/index.cfm?docid=692. See also U.S. Embassy— Abu Dhabi, unclassified telegram no. 3162, May
2000.
140
Datta, Trafficking of Children.
141
Ibid.
142
Unclassified telegram 3162. See also “The Seamy Side of Camel Racing,” BBC News, April 17, 1998,
at news1.thdo.bbc.co.uk/hi/english/despatches/newsid_79000/79504.stm on 11/8/01.
143
Country Reports 2000 at Section 5.
144
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
145
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
33
Child Labor Laws and Enforcement
The minimum age for employment varies according to sector. The Employment of Chil-
dren Act prohibits children less than 12 years of age from working in areas such as tanning as well
as bidi, carpet, cloth, cement, and fireworks manufacturing, and it prohibits children less than 15
years old from working in railways.146 The Mines Act prohibits children under 15 years old from
working in mines.147 The Factories Act and Rules establishes 14 years as the minimum age for
employment in factories,148 and the Children Act of 1974 prohibits the employment of children
less than 16 years as beggars and in brothels.149 There are no specific laws covering the informal
sectors, such as agriculture and domestic work, although the majority of child workers fall under
these categories.150 The Constitution forbids all forms of forced labor.151 The Suppression of
Immoral Traffic Act prohibits importing women for the purposes of prostitution. The Oppression
of Women and Children Act of 1995 prohibits the trafficking of women and girls, and the selling
or hiring of girls less than 18 years for prostitution.152
The Ministry of Labor and Employment is designated to enforce labor legislation; how-
ever, there are no penalties for breaking child labor laws. Due to a lack of manpower, child labor
laws are seldom enforced outside of the garment export industry.153 The Government of
Bangladesh has not ratified ILO Convention 138, but ratified ILO Convention 182 on March 12,
2001.154
146
U.S. Embassy— Dhaka, unclassified telegram no. 2999, December 2000 [hereinafter unclassified
telegram 2999].
147
Ibid.
148
The Factories Rule, 1979, Article 76, at http://www.natlex.ilo.org/txt/E79BGD01.htm#c7 on 11/2/01.
See also Factories Act (No. 4 of 1965), Section 66, at http://ww.natlex.ilo.org/txt/E79BGD01.htm#c7 on
11/2/01.
149
Unclassified telegram 2999. See also Datta, Trafficking of Children.
150
Unclassified telegram 2999.
151
Constitution of Bangladesh, November 1972, Article 34, at http://www. bangladeshgov.org/pmo/
constitution/consti2.htm#8 on 11/5/01.
152
Selling a minor for the purposes of prostitution can carry a life sentence in prison. See Suppression of
Immoral Traffic Act of 1933 (Act No. VI of 1933), Section 12, and Oppression of Women and Children
Act of 1995 (Act No. XVIII of 1995), as cited in The Protection Project Database at http://
www.protectionproject.org on 12/20/01.
153
The Ministry has only 110 inspectors to monitor about 180,000 registered factories and establishments.
According to a Ministry official, there have been no prosecutions for violations of child labor laws. U.S.
Embassy- Dhaka, unclassified telegram no. 2156, October 2001. See also unclassified telegram 2999 and
Latifur Rahman, Deputy Secretary, Ministry of Labour and Employment, Government of Bangladesh,
interview by USDOL official, June 29, 2000.
154
ILOLEX database: Bangladesh at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 11/5/01.
NOTE: Hard copies of all Web citations are on file.
34
Barbados
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Both the Government of Barbados and labor unions have expressed public opposition to
all forms of child labor in the country and abroad.155 The government is working closely with the
Barbados Worker’s Union (BWU) to prevent child labor within Barbados and regionally.156 In
May 1998, the Government of Barbados called for a ban on imports from countries where child
labor was utilized in the production process.157 Despite the high rates of school participation, the
government and the World Bank are collaborating to address deficiencies in the education system,
including inadequate school infrastructure and staff training, and a lack of supplies.158
Statistics on the number of working children under the age of 15 in Barbados are unavail-
able. Information on child labor practices is also limited, and, according to available sources, no
cases of abusive child labor have been reported.159
Education is free of charge and compulsory between the ages of 5 and 16, and attendance
is strictly enforced.160 In 1997, the gross primary enrollment rate was 101.3 percent.161 Primary
155
U.S. Embassy— Bridgetown, unclassified telegram no. 1782, September 2001 [hereinafter unclassified
telegram 1782], and U.S. Embassy— Bridgetown, unclassified telegram no. 1511, May 1997.
156
The Barbados Workers’ Union (BWU) was a prime actor behind the 1999 ILO Caribbean Tripartite
Meeting on the worst forms of child labor, at which the General Secretary advocated the development of a
regional position on child labor. The BWU is led by General Secretary Leroy Trotman, who is a member
of the ILO Governing Body. At the meeting, Mr. Trotman stressed that in order to prevent the growth of
child labor in the Caribbean region, countries should guarantee access to education and job preparation
and enhance the political leverage of ministries of labor. See unclassified telegram 1782.
157
Unclassified telegram 1782.
158
World Bank, Barbados Human Resources Project: Secondary Education [hereinafter Barbados Human
Resources Project], at http://www1.worldbank.org/education/secondary/wbprojects/barbodos.htm on 12/
11/01.
159
There are no reports of children working in any sector of the economy, nor are there reports of forced
or bonded labor, prostitution, or trafficking. There are no statistics available on the number of economi-
cally active children. See World Development Indicators 2001 (Washington, D.C.: World Bank, 2001)
[hereinafter World Development Indicators 2001] [CD-ROM].
160
School attendance officers and parents can be fined or imprisoned (for no more than 3 months) for
failure to enforce attendance. See unclassified telegram no. 1782. See also UNESCO, The Education for
All (EFA) 2000 Assessment: Country Reports—Barbados [hereinafter EFA 2000 Assessment], at http://
www2.unesco.org/wef/countryreports/barbados/rapport_2.html, and Barbados Human Resources Project.
161
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM]. Also, in 1991, gross
primary school enrollment was 90.4 percent, and net primary school attendance was 77.9 percent. See
World Development Indicators 2001.
35
school attendance rates are unavailable for Barbados. While enrollment rates indicate a level of
commitment to education, they do not always reflect children’s participation in school.162
According to the Miscellaneous Provisions of the Employment Act, 16 years is the mini-
mum age for all employment during school hours, and the minimum age for industrial undertak-
ings or work on ships.163 Children under 18 are prohibited from engaging in hazardous work, and
are guaranteed a 13-hour rest period between two work periods.164 The Act also stipulates that 18
is the minimum age for night work, unless the work is for an apprenticeship or vocational training,
and has been authorized by the Minister of Labor.165 The Police Force and the Department of
Labor have jurisdiction over the monitoring and enforcement of child labor legislation,166 and labor
inspectors conduct spot checks of businesses and check records to verify compliance with the
law.167 The Constitution prohibits forced labor,168 and although trafficking is not specifically
prohibited by law, the Criminal Code prohibits procurement of a minor less than 16 years of age.169
Barbados ratified ILO Convention 138 on January 4, 2000 and ILO Convention 182 on October
23, 2000.170
162
For a more detailed discussion on the relationship between education statistics and work, see Intro-
duction to this report.
163
Employment Act [hereinafter Employment Act], Sections 9, 14 (1), (2), as cited in unclassified
telegram 1782.
164
Ibid. at Sections 8 (1), (3).
165
Ibid. at Sections 8 (1), (2).
166
Police have the authority to enter any business under suspicion of using child laborers in order to
inspect the facilities. The penalty for violating child labor legislation is imprisonment for up to 12
months or a fine of up to USD 1,000. See unclassified telegram 1782.
167
Country Reports on Human Rights Practices for 2000—Barbados (Washington, D.C.: U.S. Depart-
ment of State, 2001), Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm?docid=701.
168
Constitution of Barbados, Chapter III, Article 14, at http://www.georgetown.edu/LatAmerPolitical/
Constitutions/Barbados/barbados.html on 10/16/01.
169
Human Rights Report on Trafficking of Women and Children, Barbados, The Protection Project
Database, at http://www.protectionproject.org.
170
ILOLEX database: Barbados at http://www.ilolex.ilo.ch.
NOTE: Hard copies of all Web citations are on file.
36
Belize
Government Programs and Policies to Eliminate the Worst Forms of Child Labor
On November 11, 2000, the Government of Belize announced the launch of a Program to
Eliminate Child Labor (PETI) in the Northern District of Corozal, which is the country’s primary
sugar cane area. 171 The project is being implemented by the National Organization for the Preven-
tion of Child Abuse (NOPCA), and is co-sponsored by USAID and FUNPADEM, a regional
organization promoting peace and democracy in Central America. 172 PETI includes measures to
rehabilitate working children and return them to school, and to gather information on social
conditions contributing to child labor.173 Before the program announcement, the Government had
established a National Committee for Families and Children, including a subcommittee to specifi-
cally address child labor.174 The Government of Belize is also conducting a national child labor
survey, funded by USDOL with technical assistance from ILO-IPEC’s SIMPOC, to collect qualita-
tive and quantitative data on the nature and extent of child labor in the country to support effective
interventions against child labor.175
Since 1988, the government has had a National Apprenticeship Program, which provides
young persons (between 14 and 18 years) who are no longer in school with work experience and a
stipend.176 Out of concern for high dropout rates and limited school access, the 1990s was declared
171
PETI is a 1-year pilot project that, according to Valdemar Castillo, Minister of Sugar Industry, Labor
and Local Government, is intended to provide an information base from which all relevant organizations
and individuals can work in order to adopt a coordinated approach to the elimination of child labor. PETI
staff members are interviewing and surveying families in the Corozal District to collect information. See
U.S. Embassy-Belize, unclassified telegram no. 122, January 2001 [hereinafter unclassified telegram 122].
See also U.S. Embassy— Belize, unclassified telegram no. 1245, November 2000 [hereinafter unclassified
telegram 1245].
172
Unclassified telegrams 122 and 1245.
173
Ibid.
174
The Committee includes relevant government personnel and representatives from UNICEF, the Pan-
American Health Organization, the Belize Family Life Association, and the National Organization for the
Prevention of Child Abuse. See U.S. Embassy— Belize, unclassified telegram no. 771, July 2000 [herein-
after unclassified telegram 771].
175
Through SIMPOC, data will be collected and consolidated into a database on child labor. SIMPOC
staff will support the Belize Central Statistical Office through capacity-building training to enable
government officials to independently produce and analyze data in the future. In addition, the data being
collected presently will be analyzed to determine priority target groups for future child labor programs.
See USDOL-Funded IPEC Projects/Programs, Technical Progress Report No. 2: Child Labour Survey and
Development of Database on Child Labour in Belize, Project No. CAM/99/05P/051 (Geneva, April-June
2001).
176
Ramon Puck, “Belize Forced Child Labour Presentation,” paper presented at the Americas Regional Forced
Child Labour Symposium, Panama, June 25-27, 2001 [hereinafter Puck, “Belize Forced Child Labour”], as
found in U.S. Embassy official electronic correspondence to USDOL official, September 24, 2001.
37
an “Education For All” decade in Belize, and with the support of the World Bank and a number of
foreign assistance agencies, the government has worked to improve universal access to primary
school as well as the quality of the educational system.177
In 1999, the ILO estimated that 1.97 percent of children between the ages of 10 and 14 in
Belize were working.178 In rural regions, children are found working on family plots and busi-
nesses after school, on weekends, and during vacations179 and are involved in the citrus, banana,
and sugar industries as field workers.180 In urban areas, children shine shoes, sell newspapers and
other small items, and work in markets.181 Teenage girls, many of whom are migrants from
neighboring Central American countries, are reported to work as domestic servants, and some are
rumored to work as bar maids and prostitutes.182 There are also reports of child trafficking and
trafficking for purposes of prostitution.183
Education in Belize is compulsory between the ages of 5 to 14.184 Education is free, but
related expenses, such as uniforms, are a financial strain on poor families.185 In 1994, the gross
177
UNESCO, The Education for All (EFA) EFA 2000 Assessment: Country Reports—Belize [hereinafter
EFA 2000 Assessment], at http://www.unesco.org/wef/countryreports/belize/rapport_2_3.htm.
178
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
179
It is common for children to work on family plots or sell family produce after school or on the week-
ends. Different ethnic communities take varied approaches to child labor. The agrarian-based Mennonite
community, for example, shifted its school year so that an extended school vacation would coincide with
the harvest. Similarly, the Mayan community has attempted to balance agricultural work and school for its
youth. Within the ethnic Chinese immigrant population, children routinely help in family shops and
restaurants. According to Belizean union leaders, these are not examples of exploitation but rather
acceptable aspects of child work tied to the family structure. See unclassified telegram no. 771.
180
Immigrant and migrant children are particularly susceptible to work in the rural agricultural sector. In
the past few years, the northern Commercial Free Zone, which caters to cross-border Mexican trade, has
developed a booming commercial sector, and children work in trading, sugar cane harvesting, transporta-
tion, and other sectors. See Puck, “Belize Forced Child Labour,” at 5. In addition, the Corozol District is
cited as a region with particularly high levels of child labor, including cane farming. See unclassified
telegram 122. See also UN Committee on the Rights of the Child, Consideration of Reports Submitted by
States Parties Under Article 44 of the Convention: Concluding Observations of the Committee on the
Rights of the Child, Belize, CRC/C/15/Add.99, May 10, 1999.
181
No figures are available for the number of children working in the informal sector. See unclassified
telegram 771.
182
Unclassified telegram 771.
183
Country Reports on Human Rights Practices for 2000—Belize (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Sections 6c, 6f, at http:/www.state.gov/g/drl/rls/hrrpt/
2000/wha/index.cfm?docid=708.
184
After children finish their primary education, they may enter a secondary school, the government-run
apprenticeship program, or a vocational institution. However, these programs have room for only about
38
primary enrollment rate was 121 percent, and the net primary enrollment rate was 98.9 percent.186
Primary school attendance rates are unavailable for Belize. While enrollment rates indicate a level
of commitment to education, they do not always reflect children’s participation in school.187
The Labor Law sets the minimum age for employment at 12 years of age, and children
between the ages of 12 to 14 may only participate in light work after school hours.188 The Labor
Law applies to all employment in the formal sector, but not to self-employment or employment by
family members.189 The minimum age for employment near hazardous machinery is 17 years.190 In
1998, Belize passed the Family and Children’s Act, which consolidated previous legislation
regarding the protection of children in the formal sector. According to the Act, children (defined as
persons below 18 years of age) are prohibited from employment in activities that may be detrimen-
tal to their health, education, or mental, physical, or moral development.191 The Constitution
prohibits forced or bonded labor.192 Trafficking in persons is not specifically illegal, but prostitu-
tion is prohibited in Belize.193 Belize ratified both ILO Convention 138 and ILO Convention 182
on March 6, 2000.194
half of the children finishing primary school, and competition for spaces in secondary school is intense.
See EFA 2000 Assessment and Country Reports 2000 at Section 5.
185
Country Reports 2000 at Section 5.
186
World Development Indicators 2001.
187
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
188
According to a State Department official, children under age 14 are not known to be working in
industry jobs or as wage earners; instead, they tend to be active on family farms. See Laws of Belize -
Labour Act, Chapter 234, Section 169, as cited in Dorothy Rozga, Liaison Officer, UNICEF-Belize, letter
to Sonia Rosen, ICLP official, May 1995 [letter on file]. See also Country Reports 2000 at Section 6d.
189
Unclassified telegram 771.
190
Inspectors from the Departments of Labor and Education enforce this regulation. See Country Reports
2000 at Section 6d.
191
Official Gazette, Acts (BLZ-1998-L-50986Families and Children Act, 1998, No. 17 of 1998), 91-173,
as cited in NATLEX database: Belize at http://natlex.ilo.org/natlexnewfaceE.htm.
192
Constitution of Belize, 1981, Article 8(2), at http://www.georgetown.edu/LatAmerPolitical/Constitu-
tions/Belize/belize.html on 10/16/01.
193
The Ministry of Human Development, Women and Civil Society, the police department, and the
Ministry of National Security and Immigration investigate cases involving trafficking of children. Inci-
dents of trafficking in children for the purpose of prostitution are infrequent. See Country Reports 2000 at
Section 6d. See also Government of Belize, Ministry of Human Development, Women and Civil Society,
The Complicated Truth About Prostitution, at http://www.belize.gov.bz/cabinet/d_balderamos_garcia/
truth.html
194
ILOLEX database: Belize at http://ilolex.ilo.ch:1567/english/.
NOTE: Hard copies of all Web citations are on file.
39
Benin
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Benin has been a member of ILO-IPEC since 1996, and is engaged in
a country program to eliminate child trafficking and the worst forms of child labor.195 The program
aims to prevent children from entering the labor market, improve the conditions of working
children as a first step toward the elimination of child labor, abolish child labor in hazardous
activities and raise awareness about the dangers of early work for children.196 To enhance regional
cooperation on trafficking, the government signed a 1984 agreement with Ghana, Nigeria and
Togo to facilitate the return of trafficked children and to extradite traffickers.197 The government is
also engaged in several international and regional efforts to end trafficking, including a 2-phase
USDOL-funded ILO-IPEC regional project in nine West and Central Africa countries.198 The
projects entail direct action to combat trafficking, assessments of the problem in each country,
coordination with non-governmental organizations for social protection and support services,
awareness raising activities, and capacity building for local authorities.199 In 1999, the Ministry of
Social Protection and Family established a unit for Family and Childhood to combat displacement
and trafficking in children.200 UNICEF is implementing a “Project on Children in Need of Special
Protection” program that seeks to raise awareness about trafficking of children and the hazards
faced by children who are trafficked.201
195
ILO-IPEC, All About IPEC: Programme Countries, at http://www.ilo.org/public/english/standards/
ipec/about/countries/t_country.htm on 12/12/01. See also ILO/IPEC, ILO-IPEC Highlights of 1998
(Geneva: October 1998) [hereinafter Highlights of 1998], at http://www.ilo.public/english/standards/
ipec/publ/policy/high-98/part1.htm on 12/12/01, and ILO-IPEC, Combating the Trafficking of Children
for Labour Exploitation in West and Central Africa (Phase II), Country Annex I: Benin, 2000 [hereinaf-
ter Combating the Trafficking of Children].
196
Highlights of 1998.
197
According to this agreement, if, for example, the Beninese police intercept a convoy of Togolese
children being trafficked through Benin to Nigeria or Gabon, the Togolese police should be informed
and the children returned. See Combating the Trafficking of Children at 3.
198
The project included assessments of the trafficking problem in all countries and a subregional report
synthesizing the main findings. Efforts were also made to channel identified children to nongovernmen-
tal organizations providing social protection and support services for victims of trafficking. See Combat-
ing the Trafficking of Children at 3, 4.
199
Phase I was 10 months, beginning in October 1999. Phase II, the direct action project, is 36 months,
beginning in May 2001. See Combating the Trafficking of Children” at 3, 4. See also ILO-IPEC,
Combating the Trafficking of Children for Labour Exploitation in West and Central Africa (Phase II),
Project Document, 2000 at 12, 13.
200
The effort is supported in part by UNICEF within the framework of the program of social develop-
ment aid. The effort aims to create regional crisis centers to assist children throughout the country. See
Combating the Trafficking of Children at 3.
201
The project has established eight education centers for girls involved in domestic service and
provided assistance to help women access loans for income-generating activities. UNICEF programs to
address trafficking of children have also established local committees in rural areas to address traffick-
40
Since 1990, the Government of Benin has made several efforts to upgrade its educational
system, most significantly by raising the percentage of its budget targeted to education, increasing
the number of qualified teachers, improving teacher training, enhancing its capacity for educational
planning and administration, developing new curricula and delineating educational standards.
USAID, UNICEF, and other international organizations are assisting these efforts. 202
In 1999, the ILO estimated that 26.7 percent of children between the ages of 10 and 14 in
Benin were working.203 Children work on family farms and in commercial agriculture, especially
in the production of cotton for export.204 Children also work in the construction industry, as
domestic servants and as street vendors.205
Benin is reportedly a source, destination and transit country for trafficked children.206
Children are trafficked into Nigeria, Cameroon, Cote d’Ivoire, Gabon, and Niger and sold into
servitude in agriculture, as domestic servants, or the commercial sex industry.207 Children from
ing, have used radio and television broadcasts for awareness raising, and have supported NGOs that
facilitate the reintegration of trafficking children. See UNICEF, Child Trafficking in West Africa, Back-
ground: Protecting Children From Trafficking [hereinafter Protecting Children], at http://
www.unicefusa.org/ ct/background_2.html on 10/30/01. See also Combating the Trafficking of Children at
3, 4.
202
USAID, Country Profiles: Basic Education Programs in Africa—Benin, at http://www.usaid.gov/
regions/afr/basiced/mali.html on 8/14/01. See also Protecting Children.
203
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
204
International Confederation of Free Trade Unions, Internationally-Recognized Core Labour Standards
in Benin: Report for the World Trade Organization General Council Review of the Trade Policies of Benin
(Geneva, September 15, 1997), 2. See also Country Reports on Human Rights Practices for 2000—Benin
(Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports for 2000], Section 6f, at
http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid=861. See also “Benin: The Cotton Scandal,”
Trade Union World, November 1997, 37.
205
In 1998, UNICEF reported that 72 percent of the child domestic servants it surveyed were between
ages 10 and 14, while about 20 percent were below age 10. See Wendy Shapiro, “The Problems of the
Videmegons in Benin,” SC&D News (Washington, D.C.) (winter 1998), vol. 10, no. 2 [hereinafter
Shapiro, “Problems of the Videmegons”], 1. See also UNICEF, “The Issue of Child Domestic Labor and
Trafficking in West and Central Africa,” July 1998, as cited in The Global March Against Child Labour,
Worst Forms of Child Labor Data—Benin (New Delhi, October 2000).
206
U.S. Department of State, Trafficking in Persons Report, July 2001, Tier 2, Benin [hereinafter
Trafficking in Persons Report]. According to statistics from the police, 802 child victims of trafficking
from Benin and other countries were intercepted at the border in 1997, 1,058 in 1998, and 670 in 1999.
See Combating the Trafficking of Children at 2.
207
Combating the Trafficking of Children. See also Country Reports 2000 and “Benin Sourcing Children
for Labour Says Report,” Africa News Service, July 15, 2000 [hereinafter “Benin Sourcing Children”], at
http://www.allAfrica.com/stories/200007170044.html.
41
Burkina Faso, Niger and Togo have been trafficked into Benin where they are often placed in
indentured or domestic servitude.208 Internal trafficking of children involves poor rural families
placing children (typically daughters) in the homes of wealthier families entrusted with their
education, a practice known as videmegon.209 The practice often degenerates into exploitation as
children end up working at early ages with little or no benefit to themselves.210
Education in Benin is neither free nor mandatory.211 In 1996, the gross primary enrollment
rate was 72.5 percent, and the net primary enrollment rate was 59.3 percent.212 A far greater
percentage of boys is enrolled in school than girls: in 1996, the gross primary enrollment rate for
boys was 88.4 percent as opposed to 55.7 percent for girls; the net primary enrollment rates were
71.6 percent for boys and 46.2 percent for girls.213 Primary school attendance rates are unavailable
for Benin. While enrollment rates indicate a level of commitment to education, they do not always
reflect children’s participation in school.214 Because of a rapid increase in the enrollment rate, the
student/teacher ratio rose from 36:1 in 1990 to 53:1 in 1997.215
Benin’s Labor Code sets the minimum age for employment or apprenticeship at 14
years.216 The Labor Code also prohibits forced labor.217 The prostitution of children is not specifi-
cally prohibited by law, but offenses can be prosecuted under February 7, 1905, and August 23,
1912, decrees that prohibit using deceit, coercion, or violence to entice a minor to satisfy another,
or under the Law of April 13, 1946, that prohibits hiring or training prostitutes, sharing in the
208
Trafficking in Persons Report.
209
Shapiro, “Problems of the Videmegons.” See also UN Committee on the Rights of the Child, Consider-
ation of Reports Submitted by States Parties Under Article 44 of the Convention: Concluding Observa-
tions of the Committee on the Rights of the Child, Benin, CRC/C/15/Add.106, September 8, 1999, 2.
210
According to the ILO and UNICEF, many parents have come to rely on their children to contribute to
the household’s work or income from a very early age, as a result of economic hardship attributable to the
Structural Adjustment Program and the deterioration of family structures. Combating the Trafficking of
Children at 2 and Trafficking in Persons Report.
211
Country Reports 2000 at Section 5.
212
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
213
Ibid.
214
For a more detailed discussion on the relationship between education statistics and work, see
Introduction to this report.
215
UNESCO, Statistical Database, at http://unescostat.unesco.org/uis/en/stats/stats0.htm on 8/20/01.
216
Ordinance No. 33-PR/MFPTT (Labour Code), Articles 107 and 108, as cited in “Protection,” ECPAT
Database: Benin [hereinafter ECPAT Database], at http://www.ecpat.net/eng/Ecpat_inter/projects/monitor-
ing/online_database/ on 2/15/02. See also Country Reports 2000 at Section 6d.
217
Ibid.
42
proceeds, acting as an intermediary for prostitution, or establishing a brothel.218 Trafficking of
children is not specifically prohibited either, although a December 12, 1905, decree criminalizes
smuggling any person into Benin with the intention of subverting their freedom, and Decree No.
95-191 (1995) establishes several regulations for adults wishing to exit the country with a child
under 18 years of age.219
Due to a lack of labor inspectors, enforcement is limited in the formal sector and nonexist-
ent in the informal sector.220 Benin ratified ILO Convention 138 on June 11, 2001 and ratified ILO
Convention 182 on November 6, 2001.221
218
The punishment of violations of the 1905 or 1912 decrees is extradition. The punishment for violating
the Law of 1946 is imprisonment for 6 months to 2 years and a fine of 400,000 to 4 million francs (USD
541 to 5,406). See The Protection Project: Commercial Sexual Exploitation of Women and Children: A
Human Rights Report, Benin, January 2001 [hard copy on file]. See also ECPAT Database. Currency
conversion at http://www.carosta.de/frames/convert.htm on 2/15/02.
219
Ibid.
220
Country Reports 2000 at Section 6d.
221
ILOLEX database: Benin, at http://ilolex.ch:1567/english/newratframeE.htm on 2/15/02.
NOTE: Hard copies of all Web citations are on file.
43
Bhutan
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
UNICEF is actively working with the government to improve the education system, with
an emphasis on the needs of women and children, training for teachers, and providing essential
supplies.222 The World Bank is also funding an education program implemented by the Education
Division of the Ministry of Health and Education that aims to expand access to primary schools
and reduce the dropout rate.223
In 1999, the ILO estimated that 51.9 percent of children between the ages of 10 and 14 in
Bhutan were working.224 Specific information on the sectors in which children work is limited, but
children are most often found working in the agriculture sector on family farms.225
Education is not compulsory at any age in Bhutan, but it is free for all children beginning
at the age of 6 years.226 In 1998, the gross primary enrollment rate was 71.9 percent.227 Gross
enrollment varied significantly between sexes, with boys enrolled at a rate of 82.1 percent and girls
at 61.5 percent.228 The net primary enrollment rate was 52.9 percent in 1998, with 58.4 percent for
boys and 47.2 percent for girls.229 Primary school attendance rates are unavailable for Bhutan.
While enrollment rates indicate a level of commitment to education, they do not always reflect
children’s participation in school.230 Most primary schools in southern Bhutan have been closed
since 1990. Ethnic Nepalese heavily populates this area, and thus the closures have effectively
prevented children within that minority group from obtaining basic education.231
222
UNICEF, UNICEF in Bhutan: Committed Partner in Progress, at http://www.unicef.org/bhutan/
educat.htm on 9/19/01.
223
World Bank, Bhutan - Second Education, Project No. BT-PE-9574, Report No. PID5746, at http://
www4.worldbank.org/sprojects/Project.asp?pid=P009574 on 10/30/01.
224
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD ROM].
225
Bhutanese society is largely agrarian. See Country Reports on Human Rights Practices 2000—Bhutan
(Washington, D.C.: U.S. Department of State, 2000) [hereinafter Country Reports 2000], Section 6d, at
http://www.state.gov/g/drl/rls/hrrpt/2000/sa/index.cfm?docid=695.
226
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under
Article 44 of the Convention: Initial Reports of States Parties Due in 1992, Bhutan, CRC/C/3/Add.60,
October 14, 1999 [hereinafter Initial Reports of States Parties].
227
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
228
Ibid.
229
Ibid.
230
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
231
Country Reports 2000 at Section 6d.
44
Child Labor Laws and Enforcement
Employment of any kind by children is prohibited by the Regulation for Wage Rate,
Recruitment Agencies and Workmen’s Compensation. This law prohibits the employment of
“children” without clearly establishing a minimum age.232 Bhutanese law does not specifically
prohibit forced or bonded labor by children, or trafficking in persons.233 Bhutan is not a member of
the ILO and has not ratified ILO Convention 138 or ILO Convention 182.234
232
Because there is no clearly established minimum age for employment, other measures of Bhutanese
law, which define children to be girls under age 16 and boys under age 18, are applied to the Regulation.
There is no information available on enforcement mechanisms or penalties for noncompliance relating to
the minimum age for employment. Bhutan has no Constitution or Bill of Rights, and its legal system,
based on Indian law and English common law, is in the process of modernizing in order to establish a rule
of law at the State level. A Department of Legal Affairs was just recently established, and civil and
criminal procedures are still being formed. See UN, Summary Record of the 715th Meeting: Bhutan, CRC/
C/SR.715, June 5, 2001. See also Initial Reports of States Parties and UN Committee on the Rights of the
Child, Consideration of Reports Submitted by States Parties Under Article 44 of the Convention: Con-
cluding Observations of the Committee on the Rights of the Child, Bhutan, CRC/C/15/Add.157, July 9,
2001.
233
Country Reports 2000 at Section 6f.
234
ILO List of Member Countries at http://www.ilo.ch/public/english/standards/relm/country.htm on
9/24/01.
NOTE: Hard copies of all Web citations are on file.
45
Bolivia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Bolivia has been a member of ILO-IPEC since 1996.235 The govern-
ment is currently participating in a USDOL-funded ILO-IPEC regional project to eliminate child
labor in small-scale traditional mining in the Andean region.236 From 1999 to 2001, ILO-IPEC
implemented a project to progressively eradicate urban child labor in El Alto.237 From 1996 to
2000, the Vice-Ministry of Gender Affairs, in collaboration with the Inter-American Development
Bank, implemented a program for children between the ages of 7 and 12 who were working or at
risk of dropping out of school. The program provided financial assistance to families of targeted
children by covering school-related expenses, such as school materials, uniforms, transportation,
and food.238 The Vice-Ministry is currently looking to fund a second phase of the project (2001-
2004) that would provide additional children with financial support.239 In December 2000, the
Inter-Institutional Commission on the Eradication of Child Labor completed a National Plan on the
Progressive Eradication of Child Labor 2000-2010, which was approved by the Congress.240 The
Vice-Ministry of Alternative Education is also implementing a program that is designed to keep
children and adolescents in school by offering them night classes with specially designed curricula
that are flexible and adapted to the students’ specific needs.241
235
ILO-IPEC, All About IPEC: Programme Countries, at http://www.ilo.org/public/english/standards/ipec/
about/countries/t_country.htm.
236
IPEC, Project Document: The Regional Program on the Progressive Elimination of Child Labor in
Small-Scale Traditional Gold Mining [document on file].
237
Trabajo Infantil en la Ciudad de El Alto: Una experiencia de su erradicacion progresiva, Enda, Bolivia,
La Paz, Bolivia, 11.
238
Ministerio de Desarrollo Sostenible y Planificación, Vice-Ministerio de Asuntos de Género,
Generacionales y Familia, Dirección General de Asuntos Generacionales y Familia, Programa de
Asistencia Familiar para la Permanencia Escolar de Niñas y Niños Trabajadores, February 2000 [herein-
after Programa de Asistencia Familiar]. See also Vice-Ministerio de Asuntos de Género, Generacionales y
Familia. Dirección General de Asuntos Generacionales y Familia, Solicitud de Cooperación, Proyecto de
Continuidad del Programa de Escolarización de Niñas y Niños Trabajadores de 7 a 12 Años de Edad.
2001 [hereinafter Proyecto de Continuidad del Programa].
239
Proyecto de Continuidad del Programa. See also Naomi Westland, “Working Children Denied Educa-
tion,” The Bolivian Times [document on file].
240
U.S. Embassy— La Paz, unclassified telegram no. 5174, December 2000.
241
Ministerio de Educatión, Cultura y Deportes. Vice-ministerio de Educación Alternativa, Boletin
Informativo del Proyecto Curricular de la Escuela Nocturna-EJA, Año 2-No. 2-Enero 1999.
46
Incidence and Nature of Child Labor
In 2000, the Ministry of Planning and Sustainable Development estimated that 23 percent
of children between the ages of 7 and 14 are working. Approximately 60 percent of those children
do not attend school. Of those who do not attend school, approximately 70 percent live in rural
areas and 30 percent live in urban areas. Children in Bolivia generally enter the labor market
between the ages of 10 and 12, but children reportedly as young as 6 years old work.242 Children
and adolescents frequently work the same number of hours as adults.243 The greatest proportion of
working children is in rural areas, particularly working in the construction, livestock and agricul-
tural sectors. In urban areas, children work in services, commerce, manufacturing and industry, and
family businesses.244 Children also work as domestic laborers245 and small-scale traditional
miners246 and are trafficked for the purposes of commercial sexual exploitation.247
The Constitution of Bolivia calls for the provision of education as a principal responsibil-
ity of the state and establishes free, compulsory primary education for eight years for children ages
6 to 14.248 In 1997, the net primary enrollment rate was 97 percent.249 More than 56 percent of
242
The number of working boys in rural areas is twice as great as the number of working girls, while the
number of working boys in urban areas is almost equal to the number of working girls. The Ministry of
Planning and Sustainable Development has reported that, of the approximately 1.6 million children and
adolescents between ages 7 and 14 in the country, nearly 370,000 work. See Programa de Asistencia
Familiar at 6. See also Oficina Internacional del Trabajo, Trabajo Infantil en los Países Andinos: Bolivia,
Colombia, Ecuador, Peru y Venezuela (ILO: Primera Edición, 1998, Lima, Peru) [hereinafter Trabajo
Infantil en los Países Andinos], 17. In 1999, the ILO estimated that 13 percent of children between the
ages of 10 and 14 years in Bolivia were working. See World Development Indicators 2001 (Washington
D.C.: World Bank, 2001) [hereinafter World Development Indicators 2000 ] [CD ROM].
243
International Confederation of Free Trade Unions, Internationally-Recognized Core Labour Standards
in Bolivia: Report for the World Trade Organization General Council Review of the Trade Policies of
Bolivia (Geneva, July 19 and 21, 1999), at http://www2.iicftu.org/
displaydocument.asp?Index=990916233&Language=EN&Printout=Yes.
244
“Trabajo infantil: 370 mil niños trabajan en Bolivia, informo hoy la viceministra de Género, Jarmila
Moravek,” El Diario, July 5, 2000, at http://www.caj.../
bdescriptor.in]?bdatos=2000&egistros=25&format=resumen&boolean=0499.
245
Country Reports on Human Rights Practices for 2000—Bolivia (Washington, D.C.; U.S. Department of
State, 2001), Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/wha/715.htm.
246
ILO-IPEC, Program to Prevent and Progressively Eliminate Child Labor in Small-Scale Traditional
Gold Mining in South America, project document, March 09, 2000, 3 [document on file].
247
U.S. Embassy— La Paz, unclassified telegram no. 3284, July 2000. See also “Bolivia: Officials
Launch Investigation on Child Trafficking” (as quoted in La Paz Los Tiempos, September 12, 2001), UN
Wire, at http://www.unfoundation.org/unwire/2001/09/12/current.asp#18042.
248
UNESCO, La EPT Evaluación 2000: Informes de País, Bolivia, Parte II: Sección Analítica, 3.1. En la
Estructura Curricular, at http://www2.unesco.org/wef/countryreports/bolivia/rapport_1.html.
249
World Development Indicators 2001.
47
Bolivian children and adolescents do not attend or have abandoned school.250 Girls frequently
leave school at a young age to work and supplement the family income.251
The Child and Adolescent Code sets the minimum age for employment at 14 years.252 The
General Labor Law allows apprenticeships for children younger than 14 years, which may not
exceed a two-year period.253 According to the Labor Law, employers are required to ensure that
apprentices attend school during normal school hours,254 and any employer who has hired more
than 30 school-aged children (typically between the ages of 6 and 14) is required to provide them
with schooling if a public school is not available.255 The Labor Law also prohibits forced labor.256
Prostitution is illegal for individuals under 18 years, but enforcement is poor and police raids are
250
In urban centers, 57 percent of all children between ages 7 and 12 leave school before the sixth grade.
The dropout rate was 89 percent in rural regions. See Plan Nacional para la Erradicación Progresiva del
Trabajo Infantil, 2000-2010, elaborado por la Comision Interinstitucional de Erradicación Progresiva del
Trabajo Infantil (La Paz, 2000), 11. See also Vice-Ministerio de Asuntos de Género, Generaciones y
Familia, Dirección General de Asuntos Generacionales y Familia, Solicitud de Cooperación: Proyecto de
Continuidad del Programa de Escolarizacón de Niñas y Niños Trabajadores de 7 a 12 Años de Edad, 12.
The Child and Adolescent Code calls upon the government to take steps to reduce school desertion rates, to
build schools where they do not exist, to adapt the school calendar and attendance schedule to local
realities, and to raise awareness within communities and among parents about the importance of registering
children for school and maintaining their regular attendance. The Code further stipulates that the Bolivian
government should provide primary school students with school materials, transportation, meals, and
medical services. See Código del Niño, Niña y Adolescente: Ley número 2026 del 27 de octubre de 1999,
U.P.S. Editorial, La Paz, Bolivia, 2000 [hereinafter Código del Niño], 38.
251
1999 Country Reports on Human Rights Practices—Bolivia (Washington, D.C.; U.S. Department of
State, January 2000), Section 5, at http://www.state.gov/www/global/human_rights/1999_hrp_report/.
252
Código del Niño at 41. The Code also states that youths between ages 14 and 18 are required to obtain
authorization from their parents or wards in order to work. If neither exists, they then need to request
authorization from a labor inspector of the Labor Ministry. See Ley General del Trabajo-Eleva a Rango de
Ley, Chapter 1, General Dispositions, Title II, Article 8, at http://www.bizinfonet.com/bolivia-pensions/
laws/leytraba.htm.
253
Ley General del Trabajo, Decreto Reglamentario, Código Procesal del Trabajo, Decreto Ley de 24 de
mayo de 1939, elevado a rango de Ley el 8 de diciembre de 1942. U.P.S. Editorial, La Paz, Bolivia, 2000
[hereinafter Decreto Reglamentario], 20.
254
Ibid. The General Labor Law also prohibits minors from dangerous, unhealthy, and physically taxing
work or work that negatively affects their moral and proper upbringing. It also outlaws minors from
working in underground mines. The Labor Law further states that women and children under age 18 are
permitted to work only during the day except those involved in fields such as nursing, domestic service, or
others where exceptions apply. See Ley General del Trabajo, Eleva a Rango de Ley, Capítolo VI, Artículos
58-61, at http://www.bizinfonet.com/bolivia-pensions/laws/leytraba.htm.
255
Employers who have hired fewer than 30 school-age children are expected to work together to provide a
community school for all working children in the area to attend. See Decreto Reglamentario.
256
Decreto Reglamentario a Capitulo IV, Del Contrato de “Enganche,” U.P.S. Editorial, La Paz, Bolivia,
69.
48
ineffectual and easily avoided.257 All forms of pornography are illegal under Bolivian law.258 In
March 2001, the Government adopted into law the stipulations of the Child and Adolescent Code
that allow judges and other authorities of the Ministry of Justice to impose penalties for violations
of children’s rights within the country.259 Bolivia ratified ILO Convention 138 on June 11, 1997,
but has not ratified ILO Convention 182.260
257
U.S. Embassy-La Paz, unclassified telegram no. 3434, August 2000.
258
Ibid.
259
“Correo del Sur: Protegan legalmente a los niños,” Los Tiempos: Vida y Futuro, March 21, 2001, at
http://www.lostiempos.com/pvyf4.shtml.
260
ILOLEX database: Bolivia at http://ilolex.ilo.ch:1567/scripts/ratifce.pl?C138.
Note: Hard copies of all Web citations are on file.
49
Bosnia and Herzegovina
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The IOM, in cooperation with government authorities, the UN, and NGOs, initiated a
project to protect and assist trafficking victims by providing them with transportation, housing and
financial assistance. The project targets women and children working in the sex industry.261 In
addition, UNICEF has been working with the Ministry of Health, Education and Social Welfare to
implement a Basic Education Project to improve the quality of schools and support children whose
access to education has been severely limited by the war.262
In 2000, UNICEF estimated that 17.7 percent of children between the ages of 5 and 14 in
Bosnia and Herzegovina were working.263 There were reports of forced labor by children over 15
years of age during the 1991-95 war, which included digging trenches or evacuating the dead or
wounded at the front lines, as well as agriculture, mining, manufacturing, and service industry
work. There are no current reports of forced or bonded labor.264 The prostitution and trafficking of
girls for exploitative work is a serious problem.265 Children as young as 13 and 14 years old from
Eastern Europe and the former Soviet Union are trafficked to Bosnia and Herzegovina and sold
into prostitution.266
261
IOM, Trafficking in Human Beings in Bosnia and Herzegovina, at http://www.iom.int/offices/
Bosnia_Herzegovina/Trafficking.htm on 9/27/01.
262
UNICEF, Country Profiles: Bosnia and Herzegovina, at http://www.unicef.org/programme/
countryprog/cee-cis/bh/support.htm on 9/27/01.
263
This figure includes children working only, as well as children both working and studying. It also
includes children who perform household chores for more than 4 hours per day. An estimated 1 percent of
children between ages 5 and 14 were paid for their employment, 6 percent of children participated in
unpaid work for someone other than a family member, and 15 percent of children worked on the family
farm or in the family business. See Multiple Indicator Cluster Survey 2 (MICS 2), 2000 [hereinafter MICS
2), as found in Understanding Children’s Work Project at http://www.ucw-project.org/resources/
index.html on 11/5/01. See also draft report in same survey (March 14, 2000) at http://www.childinfo.org/
MICS2/natlMICSrepz/MICSnatrep.htm on 10/5/01.
264
Anti-Slavery International, in consultative status with the UN Economic and Social Council Commis-
sion on Human Rights, Forced Labour in Northern Bosnia (Geneva, 1995) [on file].
265
There are no statistics to separate girl children from adult women trafficked into Bosnia, but it is
reported that as many as 5,000 trafficked women may be working in the country. The State Department
reports that the average age of trafficked women is 22.8 years, ranging from age 16 to 33, with less than 5
percent of the women being minors. Also, according to the State Department, there have been credible but
unconfirmed reports that children are trafficked to work in begging rings, mainly in Sarajevo. See Country
Reports on Human Rights Practices for 2000–Bosnia and Herzegovina (Washington, D.C.: U.S. Depart-
ment of State, 2000) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/
hrrpt/2000/eur/index.cfm?docid=693.
266
The majority of trafficked women and girls in Bosnia come from Moldova, Romania, and Ukraine, but
50
Education is compulsory until age 15.267 The right to education is guaranteed by the
Constitution, but specific laws on compulsory education requirements are established in the
separate legislation of the country’s two political entities, the Federation of Bosnia and
Herzegovina and Republika Srpska.268 In 1998, the gross primary enrollment rate was 103.6
percent, and the net primary enrollment rate was 97.4 percent.269 In 2000, the primary attendance
rate was 94 percent.270 Access to education remains limited in war-affected areas, where one-third
to one-half of schools has been destroyed.271 Tension among different ethnic communities and
local policies favoring citizens in the ethnic majority also prevent minority children from attending
school in these regions.272
they also arrive from Russia, Belarus, Kazakhstan, and Bulgaria. See Country Reports 2000 at Section 6f.
See also Emir Imamovic, “Bosnian Brothels Flourish,” Balkan Crisis Report No. 201, Institute for War
and Peace Reporting, December 6, 2000, and Alix Kroeger, “Vice Bars Raided in Bosnia,” BBC News,
March 3, 2001.
267
See Country Reports 2000 at Section 5. See also Constitution of Republika Srpska, Article 38, at http://
www.bihpress.ba/GIH/POLITIKA/CONSTITUTIONSRS/2.htm on 9/27/01. See also Constitution of the
Federation of Bosnia and Herzegovina, Article 4, at http://www.bihfedomb.org/eng-cons/
constit.htm#annex on 10/30/01.
268
The Dayton Accords established two distinct entities within the Republic of Bosnia and Herzegovina:
the Federation of Bosnia and Herzegovina and Republika Srpska (RS). According to the Constitution of
the Republic, the two entities are entitled to establish their own laws and government functions for matters
not covered by the Constitution and provided that all provisions detailed in the national Constitution
supersede those of the entities. Education is one area that remains highly decentralized in the country, as it
is determined separately by the provisions of the RS Constitution and by the 10 canton units within the
Federation. Article 2(31) of the Constitution of the Republic of Bosnia and Herzegovina establishes the
right to education for all persons, but compulsory education laws and curricula are established by the
entities. Currently, the two entities have differing curricula, but an agreement was recently reached to
begin developing a common curriculum. See Constitution of the Republic of Bosnia and Herzegovina
[hereinafter Constitution of Bosnia and Herzegovina] at http://www.uni-wuerzburg.de/law/bk00000_.html
on 9/27/01. See also UNICEF, Consolidated Donor Report for Southeastern Europe: Bosnia and
Herzegovina, 2000 [hereinafter UNICEF Consolidated Donor Report], at http://www.unicef.org/balkans/
donrep-seeur-2000.pdf on 10/5/01.
269
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
270
MICS 2 draft report.
271
UNICEF Consolidated Donor Report.
272
Country Reports 2000 at Section 5.
273
Act of 15 August 2000 to Amend and Supplement the Labor Code (Text No. 265), Sluzbene Novine,
2000-08-30, No. 3, 1088-1092, as cited on NATLEX database at http://natlex.ilo.org/ on 9/27/01.
274
Country Reports 2000 at Section 6d.
51
Child Labor Laws and Enforcement
The Labor Law sets the minimum age for employment at 15 years.273 Children are prohib-
ited from performing hazardous work and night work.274 The Constitution forbids forced or bonded
labor by children.275 There is no comprehensive law against trafficking in persons, but under the
Criminal Code, procuring a juvenile or seeking opportunities for illicit sexual relations with a
juvenile are specifically prohibited.276 Bosnia and Herzegovina ratified ILO Convention 138 on
June 2, 1993, and ratified ILO Convention 182 on October 5, 2001.277
275
Constitution of Bosnia and Herzegovina at Article II (31).
276
The punishment for violators is imprisonment for three to five years. See Country Reports 2000 at
Section 6f and Criminal Code of Bosnia and Herzegovina, Article 96 (1, 2), as cited in the Protection
Project Database.
277
ILOLEX database at http://ilolex.ilo.ch:1567/english/ on 9/27/01.
NOTE: Hard copies of all Web citations are on file.
52
Botswana
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Government efforts to address the worst forms of child labor in Botswana are in initial
stages. In 2002, the Labor Department will work in consultation with the Central Statistics Office
(CSO) with technical assistance from ILO-IPEC to conduct a national child labor survey to deter-
mine the extent and nature of child labor.278 Results from this survey will provide the basis for
developing an action plan to implement ILO Convention 182.279 The Government of Botswana is
also working in consultation with UNICEF to implement its National Program of Action for
Children to reduce the incidence of HIV-related infant mortality, increase access to universal basic
education, and improve the protection of children in vulnerable situations, among other goals.280
In 1999, the ILO estimated that 14.9 percent of children between the ages of 10 and 14 in
Botswana were working.281 In urban areas, children orphaned by HIV/AIDS allegedly engage in
begging and prostitution.282 In remote areas, young children reportedly work as cattle tenders,
domestic servants, and babysitters.283
Children who are citizens of Botswana have access to seven years of free primary educa-
tion, but it is not compulsory.284 In 1996, the gross primary enrollment rate was 107.8 percent, and
the net primary enrollment rate was 81 percent.285 Primary school attendance rates are unavailable
for Botswana. While enrollment rates indicate a level of commitment to education, they do not
always reflect children’s participation in school.286
278
Unclassified telegram 3277, September 2001 [hereinafter unclassified telegram 3277].
279
Ibid.
280
UNICEF, Preliminary Report: Botswana Multiple Indicator Survey 2001, at http://www.childinfo.org/
MICS2/natlMICSrepz/Botswana/BotsMICS_preliminary.pdf.
281
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
282
Country Reports on Human Rights Practices for 2000—Botswana (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfm?docid=677.
283
Ibid. at Section 6d.
284
Ibid. at Section 5. See also unclassified telegram 3277.
285
World Development Indicators 2001.
286
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
53
Child Labor Laws and Enforcement
The Employment Act sets the minimum age for employment at 14 years, although children
under 14 may work in family businesses. Children between 14 and 18 years are prohibited from
working in hazardous conditions.287 The Adoption Act contains provisions to protect adopted
children from being exploited as cheap labor.288 The Constitution prohibits forced or compulsory
labor.289 Child prostitution and pornography are criminal offenses, and penalties apply to violations
against children under the age of 16.290
The Ministry of Local Government, Lands, and Housing is the government agency that
oversees the protection and welfare of children,291 and the Commissioner of Labor is authorized to
terminate unlawful employment of a child. Penalties for employers may include imprisonment up
to 12 months, fines of 1500 Pula (USD 231), or a combination of both.292 The Government of
Botswana ratified ILO Convention 138 on June 5, 1997, and ratified ILO Convention 182 on
January 3, 2000.293
287
Submission by Botswana for Designation as a Beneficiary Under the Africa Growth and Opportunity
Act, 10.
288
Country Reports 2000 at Section 6d.
289
Ibid. at Section 6c.
290
Ibid. at Section 5.
291
Government of Botswana, Ministry of Local Government Lands and Housing, at http://www.gov/bw/
government/ministry_of_local_government_lands_and_housing.html.
292
Unclassified telegram 3277. See also Currency conversion at http://www.carosta.de/frames/convert.htm
on 1/29/02.
293
ILOLEX databases: Botswana at http://ilolex.ilo.ch:1567/cgi-lex/ratifce.pl?C138 and http://
ilolex.ilo.ch:1567/cgi-lex/ratifce.pl?C182.
NOTE: Hard copies of all Web citations are on file.
54
Brazil
Government Policies and Program to Eliminate the Worst Forms of Child Labor
In 1992, the Government of Brazil became one of the six original countries to participate
in ILO-IPEC.294 USDOL has funded three ILO-IPEC projects in Brazil: one in 1995 addressed
child labor in the shoe industry of Vale dos Sinos; one in 2000 combats the child domestic worker
problem in Brazil, Colombia, Paraguay and Peru; and another also funded in 2000 addresses the
commercial sexual exploitation of minors in a border town between Brazil and Paraguay.295 In
October 2001, the Brazilian Institute of Geography and Statistics (IBGE) began collaborating with
the ILO’s SIMPOC to conduct a survey of child labor as part of Brazil’s National Household
Survey.296
The federal government administers numerous programs under different ministries aimed
at combating child labor and has formed various commissions to address issues related to child
labor in Brazil.297 In May 2000, the MLE established the Tripartite Commission, which produced a
list of over 80 activities defined as “worst forms” of child labor by the government.298 In some
regions, councils defend the rights of children and adolescents on the federal, state, and municipal
levels.299 As part of the country’s adherence to ILO Convention 182, the Federal Ministry of
Welfare and Social Assistance (MPAS) has informally identified activities in both the rural and
294
ILO-IPEC, All About IPEC: Programme Countries, at http://www.ilo.org/public/english/standards/
ipec/about/countries/t_country.htm.
295
USDOL/IPEC program documents: Combating Child Labor in the Shoe Industry of Vale dos Sinos,
Brazil, 1995; The Prevention and Elimination of Commercial Sexual Exploitation of Children and
Adolescents, September, 2000; and The Prevention and Elimination of Child Domestic Labour in South
America, September 2000.
296
The survey will reach approximately 120,000 households. See USDOL/ICLP, Technical Cooperation
Summaries: SIMPOC, internal document, September 1, 1999.
297
The various programs of the federal government to eradicate child labor are listed in the Government
of Brazil’s multi-year plan (PPA). U.S. Embassy— Brazil, unclassified telegram no. 1439, September
2000 [hereinafter unclassified telegram 1439]. See also Ministerio Publico do Trabalho, Procuraduria
Geral. Comissoes, August 8, 2001, at http://www.pgt.mpt.gov.br/comissoes.html. Among these is the
Executive Group to Combat Forced Labor (GERTRAF), the National Forum for the Eradication of Child
Labor and the Protection of the Adolescent Worker, and the National Office of Coordination for Combat-
ing the Exploitation of Child and Adolescent Labor. State governments have also formed local commis-
sions, such as the State of Rio de Janeiro’s Commission on the Prevention and Eradication of Child Labor.
298
U.S. Embassy— Brazil, unclassified telegram no. 1715, November 2000 [hereinafter unclassified
telegram 1715]. The list includes such activities as harvesting citrus fruits, driving tractors, performing
civil construction, picking garbage, cutting sugar cane, selling alcohol, and working in bars and brothels.
The list produced by the Tripartite Commission led to an additional 27 activities being banned for workers
between ages 16 and 18. See Mark Mittelhauser, Labor Attache at U.S. Consulate, Sao Paolo, Brazil, E-
mail to ICLP official, February 5, 2001.
299
Unclassified telegram 1439.
55
urban sectors that are considered the worst forms of child labor.300 The MPAS also launched a
program to create centers and networks to assist children and adolescents who are victims of sexual
abuse and exploitation.301 A new Parliamentary Investigative Commission on Sexual Tourism
began functioning in September 2001 in the state of Fortaleza.302
The government’s Program on the Eradication of Child Labor (PETI) gives stipends to
families who remove children from work and keep them in school.303 The Ministry of Education
(MEC) has developed a preventive counterpart to the PETI program, which provides mothers with
a fixed sum. In return, the mothers agree to ensure that their children maintain at least an 85
percent attendance rate in school.304 The government has also designed special classes to address
the problem of students who are forced to repeat grades,305 created a school lunch program which
seeks to promote children’s attendance,306 and raised the average wage paid to teachers by 13
percent nationally and up to 49 percent in the Northeast region.307
In 1999, UNICEF estimated that 11 percent of children between the ages of 5 and 15 in
Brazil were working.308 Child labor occurs more frequently in northeastern Brazil than in any other
300
In rural areas, these activities include harvesting of sisal and sugar cane, cotton, tobacco, and citrus;
producing wood, brick, charcoal, ceramics, and flour; working in salt and other mines; weaving; and
fishing. Some urban sector activities include drug trafficking, trash picking, shoe shining, and commerce.
See unclassified telegram 1439.
301
The centers serve as clearinghouses for allegations; offer psychological, social, and legal counseling;
and attempt to create safer environments for victims. Sentinela currently has 40 centers and aims to have
200 by the end of 2001. Centers work with a network of NGOs and public officials to guarantee the rights
of victims of abuse and of children working as prostitutes. See Mark Mittelhauser, Labor Attache at U.S.
Consulate, Sao Paolo, Brazil, E-mail to ICLP official, September 28, 2001.
302
Viviane Lima, O Povo, CE, p. 18, September 9, 2001, as cited in CPI do Turismo Sexual em Fortaleza
já tem denúncias, A_encia de Noticías dos Direitos da Infancia, at http://www2.uol.com.br/andi/noticias/
sexta.htm on 09/25/01.
303
Unclassified telegram 1715. Overall, the Federal Ministry of Welfare and Social Assistance (MPAS)
provides guidelines and most of the funding, but state and municipal governments are charged with
implementing the bulk of the program locally. The government’s PETI has grown from a pilot project in a
few municipalities in two states in 1996 to over 160 municipalities in 13 states by the end of 1999. See
unclassified telegram 1439.
304
Mark Mittelhauser, Labor Attache at U.S. Consulate, Sao Paolo, Brazil, E-mail to ICLP official,
October 9, 2001.
305
Secretaria de Educação Fundamental, Ensino Fundamental, Programa de Aceleração da
Aprendizagem, at http://www.mec.gov.br/sef/fundamental/proacele.shtm.
306
Ministerio da Educação, Noticias—Dezembro/2001, Programa da Merenda Escolar é destaque en
2001, December 26, 2001.
307
EFA 2000 Assessment at http://www2.unesco.org/wef/countryreports/brazil/rapport_1.html.
308
According to the survey, 3.8 million children were working. Instituto Brasileiro de Geografia e
Estati_tica, Pesquisa Nacional por Amostra de Domicilios, PNAD—1999, as cited in UNICEF, Brasil,
Indicadores sobre crianças e adolescentes: Brasil 1990-1999, UNICEF/IBGE 2001 Fundo das Nações
56
region and is particularly common in rural areas.309 Children work on commercial orange, sugar
cane, and sisal farms; in traditional sectors of the Brazilian economy, including the shoe, logging,
mining and charcoal industries; and as domestic servants and scavengers in garbage dumps.
Children are also involved in prostitution, pornography and the trafficking of drugs.310 Most child
and adolescent laborers are not paid for their work.311
Basic education (grades one through eight) is free and compulsory for children between
the ages of 7 and 14.312 In 1998, the gross primary enrollment rate was 128 percent, and the net
primary enrollment rate was 95.3 percent.313 Primary school attendance rates are unavailable for
Brazil. While enrollment rates indicate a level of commitment to education, they do not always
reflect children’s participation in school.314
The Constitution sets the minimum age for general employment at 16 years and the
minimum age for apprenticeships at 14 years. These minimum age standards were raised from 14
years and 12 years, respectively, after a 1998 Constitutional amendment.315 The 1990 Statute on
Unidas para a Infancia—UNICEF, Tabelas 9 and 153, p. 38, 220. Statistics for Brazil generally employ the
term “minors” to refer to anyone below age 12 and the term “adolescents” to refer to anyone between ages
12 and 18. See Estatuto da Criança e Adolescente, Livro I, Parte Geral, Titulo I: Das Disposições
Preliminares, at http://www.ibge.gov.br/ibgeteen/estatuto/estatuto.html.
309
Ministerio do Trabalho e Emprego, Quantitativo dos Ocupados na Semana de Referencia, PNAD—
1999, 26/09/01. In 1999, an estimated 57 percent of working boys and 52 percent of working girls
between ages 5 and 15 lived in rural regions. See Ministerio do Trabalho e Emprego, Ocupados por área
geoeconômica Rural ou Urbana, PNAD –1999, 26/09/01.
310
“Toil for Tots: Low Wages and Unemployment are Mainstream Concerns in Brazilian Society, but
Their Most Painful Sign is the Exploitation of Child Labor,” Brazil, July 1998, at http://www.brazil-
brasil.com/p24jul98.htm on 09/26/01. See also International Confederation of Free Trade Unions, Interna-
tionally Recognized Core Labour Standards in Brazil: Report for the World Trade Organization General
Council Review of Trade Policies of Brazil (Geneva, October 25 and 27, 2000), at http://www.icftu.org/
displaydocument.asp?Index=991211582&Language=EN&Printout+Yes ; unclassified telegram 1439;
Country Reports on Human Rights Practices for 2000—Brazil (Washington, D.C.: U.S. Department of
State, 2001), Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm?docid=724.; and
Xisto Tiago de Medeiros Neto, O Procurador-Geral do Trabalho, Diario de Natal, Opiniao, A crueldade do
Trabalho infantil, 21/10/2000 [hereinafter de Medeiros Neto, A crueldade do Trabalho infantil], at http://
www.pgt.mpt.gov.br/noticias/noticia17.html.
311
Of those minors who are paid for work, 90 percent receive less than the national minimum wage. See
de Medeiros Neto, A crueldade do trabalho infantil.
312
Unclassified telegram 1439. See also Estatuto da criança e do Adolescente, Capítulo IV—Do Direito à
Educação, à Cultura, Ao Esporte e Ao Lazer, Artigo 54, at http://www.pgt.mpt.gov.br/cnti/legislacao%20-
%20ECA.html.
313
UNESCO, The Education for All (EFA) Assessment: Country Reports—Brazil (Paris, 2000) [CD-
ROM].
314
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
315
Unclassified telegram 1439. See also Emenda Constitucional no. 20, de 15/12/98, O Ministério Público
57
Children and Adolescents (ECA) prohibits children under the age of 18 from working in unhealthy,
dangerous and arduous conditions, at night, or for long hours that impede school attendance. It also
prohibits children less than 18 years of age from carrying heavy loads and work in settings where
their physical, moral or social being is at risk.316 Under the Penal Code, it is illegal to hire workers
with the intention of transporting them to another state or national territory.317
The Ministry of Labor and Employment is responsible for training inspectors to determine
child labor work site violations.318 Employers that violate Brazil’s child labor laws are subject to
monetary fines although the initial levying of fines usually occurs only after several violations.319
Ministry enforcement of child labor laws is weakened by a lack of resources, an insufficient
number of inspectors, and statutory limitations.320 Brazil ratified ILO Convention 138 on June 28,
2001 and ILO Convention 182 on February 2, 2000.321
58
Bulgaria
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 2000, the ILO estimated that 14 percent of children between the ages of 5 and 17 in
Bulgaria were working.326 Roma children are particularly susceptible to child labor.327 Children
engaging in paid work outside of the home work in the trade and service sectors, transport and
322
IOM, IOM Counter Trafficking Strategy for the Balkans and Neighboring Countries, January 2001
[hereinafter IOM Counter Trafficking Strategy], at http://www.iom.int/PDF_Files/Balkan_strategy.pdf on
9/28/01.
323
UN Committee on the Rights of the Child, Summary Record of the 345th Meeting: Initial Report of
Bulgaria, CRC/C/SR.345, January 30, 1997.
324
The action plan was developed in 2000 and updated in the 2001 governmental program plan. See
Government of Bulgaria Strategy and Action Plan on Protecting the Rights of Children in Bulgaria 2000-
2003 [on file].
325
Some of the Ministry of Education’s programs are being implemented in cooperation with UNESCO or
NGOs. See UN Committee on the Rights of the Child, Summary Record of the 347th Meeting, Consider-
ation of Reports of States Parties (continued), Bulgaria, CRC/C/SR.347, January 8, 1997. See also See
U.S. Embassy— Sofia, unclassified telegram no. 4519, June 2000 [hereinafter unclassified telegram
4519].
326
Six percent of children (83,000) work for payment, 32 percent (418,000) work on the household farm,
and 47 percent (611,000) work in the household. Of the children performing paid labor, 94.1 percent do
not have a contract. See ILO-IPEC, Problems of Child Labor in the Conditions of Transition in Bulgaria,
study project (Sofia, 2000) [hereinafter Problems of Child Labor] at 13, 31, 32.
327
The Roma are an ethnic minority in Bulgaria, comprising between 3.5 and 7 percent of the total
population. Approximately 85 percent of street children in Bulgaria are thought to be ethnic Roma. See
UN Committee on the Rights of the Child, Summary Record of the 345th Meeting, Consideration of
Reports of States Parties—Bulgaria, CRC/C/SR.345, January 8, 1997 [hereinafter Reports of States
Parties]. See also Country Reports on Human Rights Practices for 2000—Bulgaria (Washington, D.C:
U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/
drl/rls/hrrpt/2000/eur/705.htm.
59
communications, construction, agriculture, and forestry.328 Children also engage in unpaid work
for family businesses or farms, and in their households.329 The prostitution of children often occurs
through organized crime rings. The police estimate that 10 percent of prostitutes are minors, many
as young as 14 years old.330 Trafficking in young girls is also a problem in Bulgaria. Girls as young
as 14 years of age have been kidnapped and smuggled out of the country to destinations across
Europe.331
Education is compulsory up to the age of 16 under the National Education Act of 1991,
with children typically starting school at the age of 6 or 7.332 In 1996, the gross primary enrollment
rate was 98.9 percent, and the net primary enrollment rate was 91.8 percent.333 Roma children have
particularly low attendance and high dropout rates.334
The Labor Code sets the minimum age for employment at 16 years. Exceptions to the
Labor Code stipulate that children under 16 can work in government-approved jobs with the
consent of a parent and that children may not work in hazardous conditions until the age of 18
years.335 Children under 18 are required to work reduced hours and are prohibited from night work
328
The informal sector is also problematic. Young children work as panhandlers, particularly among the
minority Roma population. Child labor has been reported by Trade Union Labor Inspectors in factories
producing textiles and leatherwork, although this work generally involves older children age 16 or 17. See
Country Reports 2000 at Section 6d. See also Problems of Child Labor at 32-36.
329
Problems of Child Labor at 32-36.
330
Ibid. at 54. See also European Parliament, Trafficking in Women, working paper (Brussels, March
2000).
331
Bulgaria is both a source and a transit country for human trafficking. No official statistics on traffick-
ing of children are available. Bulgarian women are trafficked to Poland, the Netherlands, the Czech
Republic, Germany, Belgium, France, Canada, the Federal Republic of Yugoslavia (including Kosovo),
Romania, Hungary, Macedonia, Italy, Greece, Cyprus, and Turkey. In addition to trafficking out of
Bulgaria, women have been trafficked into Bulgaria from the former Soviet Union and Macedonia for the
purpose of prostitution. See Country Reports 2000 at Section 6f and IOM Counter Trafficking Strategy.
332
Parents are responsible for ensuring that their children attend school. Failure to comply warrants a fine.
See National Education Act, 1991, Articles 6, 7 (State Gazette, No. 86/18.10.1991), at http://www.bild.net/
legislation/ on 9/28/01.
333
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
334
Problems of Child Labor.
335
Children under age 16 may also be employed within the “sphere of culture,” including film, theater, or
entertainment. Comprehensive Bulgarian legislation pertaining to child labor can be found in the Labor
Code, Chapter 15, Section I, “Special Protection of Children,” Articles 301-305, which were adopted after
Bulgaria ratified ILO Conventions 138 and 182. See Problems of Child Labor at 59. See also UN Com-
mittee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under Article 44
of the Convention: Initial Reports of States Parties Due in 1993, Bulgaria, CRC/C/8/Add.29, October 12,
1995 [hereinafter Initial Reports of States Parties].
60
and overtime.336 The Family Code establishes legal protections for children working in family
businesses.337 In May 2000, the government passed the Child Protection Act, which prohibits the
employment of children in begging and prostitution, among other potentially harmful acts.338 The
Bulgarian Constitution prohibits forced labor.339 The Bulgarian Penal Code forbids procuring
women for prostitution, abducting a woman for the purposes of sexual exploitation, and depriving
any individual of his or her liberty.340
The Ministry of Labor and Social Policy is responsible for enforcing child labor laws, but
inspection and monitoring is weak, particularly for the informal sector and for trafficking.341 The
Bulgarian Government ratified ILO Convention 138 on April 23, 1980 and ILO Convention 182
on July 28, 2000.342
336
Bulgarian Labor Code (State Gazette, No. 26 and 27/1986), Articles 137, 140, 147, at http://
www.bild.net/legislation/ on 9/28/01.
337
Problems of Child Labor at 60.
338
Problems of Child Labor at 59. See also “Parliament Sets Up Child Protection Agency,” FBIS Report,
Serial No. EU0005180273, May 2000.
339
Constitution of Bulgaria, 1991, Article 48 (4), at http://www.uni-wuerzburg.de/law/bu_indx.html on 9/
28/01.
340
Article 142a prohibits trafficking by criminalizing the illegal deprivation of liberty of a person and, in
cases involving minors, establishes a penalty of jail for three to 10 years. Articles 155 and 156 prohibit the
abduction or persuasion of a female for prostitution, and Article 188 sets specific penalties of up to six
years imprisonment for those who compel a minor to engage in prostitution. See Human Rights Report on
Trafficking of Women and Children: Bulgaria, The Protection Project Database, at http://
www.protectionproject.org.
341
Employers and the Ministry of Labor and Social Policy are responsible for enforcing child labor laws.
While inspectors are not reported to provide effective enforcement, Bulgaria’s trade unions have the right
to inspect enterprises, and union inspectors have been known to report incidents of child labor. Enforce-
ment of trafficking laws is particularly weak, however. There are unconfirmed reports that local police are
involved in trafficking, that no suspected traffickers have been brought to trial, and that judges and
prosecutors fear reprisals from organized crime figures should they pursue trafficking charges. In 2000,
the Ministry of Labor Inspectorate conducted checks on 5.7 percent of all enterprises, or 57 percent of all
employees, in Bulgaria. In the first six months of 2001, the Inspectorate detected 473 violations of child
labor laws. See unclassified telegram 4519;z U.S. Embassy—Sofia, unclassified telegram no. 5059,
October 2001; and Country Reports 2000.
342
ILOLEX database at http://ilolex.ilo.ch:1567/english/ on 9/28/01.
NOTE: Hard copies of all Web citations are on file.
61
Burkina Faso
Government Programs and Policies to Eliminate the Worst Forms of Child Labor
The Government of Burkina Faso has been a member of ILO-IPEC since 1999 and has
created a National Action Plan Against Child Labor as a part of the program.343 Burkina Faso is
part of a nine-country ILO-IPEC regional program funded by USDOL to combat the trafficking of
children in West and Central Africa.344 In addition, in a 2001 diplomatic note to foreign ministries,
the government appealed to UNICEF, the ILO, and the international community to help Burkina
Faso eradicate child trafficking and reaffirmed its commitment to conventions guaranteeing
children’s rights.345 In 2004, a national child labor survey will be conducted in Burkina Faso, with
technical assistance from ILO-IPEC’s SIMPOC.346 As part of its efforts to combat exploitative
child labor, the Government has produced and distributed documentaries on child labor in the
mining and domestic sectors, and produced a television series on child labor.347 A May 2001
workshop on children’s rights was held by the military, and the government organized seminars for
customs officers on halting the activities of child traffickers.348 In addition, it has supported NGO
efforts to shelter and educate street children, child prostitutes, and other at-risk children.349
The Government of Burkina Faso has made efforts to improve and increase the provision
of primary education. Education receives the largest portion of the government’s budget.350 It has
welcomed donor support to fund programs that promote schooling and make the primary curricu-
lum more relevant.351 Between the years 1990 and 2000, the government increased the portion of
the education budget dedicated to basic education and invested in the construction of additional
343
U.S. Department of State, Trafficking in Persons Report, 2001 (Washington, D.C., 2001) [hereinafter
Trafficking in Persons Report], 34.
344
ILO-IPEC, Combating Trafficking in Children for Labour Exploitation in West and Central Africa
(Geneva, 2001) [hereinafter Combating Trafficking in Children], 9, at http://www.ilo.org/public/english/
standards/ipec/publ/field/africa/central.pdf.
345
U.S. Embassy-Ouagadougou, unclassified telegram no. 1153, June 1, 2001 [hereinafter unclassified
telegram 1153].
346
ILO-IPEC, E-mail correspondence on SIMPOC countries to USDOL official, January 18, 2001 [on
file]. See Also ILO-IPEC, Child Labor Statistics: SIMPOC Countries, at http://www.ilo.org/public/
english/standards/ipec/simpoc/countries.htm on 1/29/02.
347
Ibid.
348
Ibid.
349
Ibid.
350
Ibid.
351
Ibid.
62
school facilities.352 In addition, the development of the education sector with a focus on basic
education is included in Burkina Faso’s poverty reduction strategy for debt reduction under an
International Monetary Fund and World Bank initiative.353
In 1999, the ILO estimated that 44.9 percent of children between the ages of 10 and 14 in
Burkina Faso were working.354 Most working children are found in agriculture, mining, and
domestic service.355 An ILO study estimated that 81,000 children in Burkina Faso’s two largest
cities have been “placed” in work situations by an intermediary.356 Burkina Faso is a transit and
destination country for trafficked children.357 Children are trafficked from Burkina Faso to coun-
tries including Cote d’Ivoire, Benin, Ghana, Mali, and Nigeria to work primarily in agriculture, and
sometimes in prostitution.358 Children are trafficked to Burkina Faso to work as domestic servants,
street vendors, in agriculture, and in prostitution.359 The HIV/AIDS epidemic has orphaned numer-
ous children, thereby increasing the population of street children, an at-risk group for child la-
bor.360
Education is compulsory for children until the age of 16, but in practice, many children do
not complete even primary school.361 In 1996, the gross primary enrollment rate was 38.4 percent,
352
“Burkina Faso Qualifies for HIPC Debt Relief Totaling USD 700 Million: West African Country
Completes Original HIPC Initiative and Qualifies for Additional Relief Under Enhanced Framework,”
World Bank, news release no. 2001/008/S, July 11, 2000.
353
Ministry of Economy and Finance, Burkina Faso, Poverty Reduction Strategy Paper, draft report, May
25, 2000, 38, 39. See also IMF and International Development Association, Burkina Faso: Completion
Point Document for the Original Heavily Indebted Poor Countries (HIPC) Initiative and Second Decision
Point for the Enhanced HIPC Initiative, June 19, 2000 [hereinafter Completion Point Document], 42.
354
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
355
U.S. Embassy—Ouagadougou, unclassified telegram no. 1505, September 2001 [hereinafter unclassi-
fied telegram 1505].
356
ILO-IPEC, “Study Concerning Child Trafficking for the Purpose of Exploiting Their Labor in West
and Central African Countries—The Case of Burkina Faso,” as cited in electronic correspondence
between U.S. Department of State official, U.S. Embassy Ouagadougou, Christopher Palmer, and ICLP
official, April 15, 2002 [hereinafter electronic correspondence].
357
Trafficking in Persons Report at 34.
358
Combating Trafficking in Children at 9. See also Trafficking in Persons Report at 34. See also elec-
tronic correspondence.
359
Combating Trafficking in Children at 9, 11.
360
President of Burkina Faso, address at the XII International Conference on AIDS and Sexually Trans-
mitted Diseases in Africa (ICASA), Ouagadougou, Burkina Faso, December 2001. Full text is at http://
www.cisma2001.bf/us/ .
361
Unclassified telegram 1505.
63
and the net primary enrollment rate was 32.4 percent.362 According to UNDP, school enrollment is
lower among children in rural areas, and particularly among girls.363 Primary school attendance
rates are unavailable for Burkina Faso. While enrollment rates indicate a level of commitment to
education, they do not always reflect children’s participation in school.364 In principle, the govern-
ment bears the cost of primary and secondary education, but communities are frequently respon-
sible for constructing primary school buildings and teachers’ housing. Even when schools are
present, many families cannot afford school fees.365
The Labor Code sets the minimum age of employment in Burkina Faso at 14 years, but
children who are 12 or 13 years old may perform light work for up to four and a half hours per day
in the domestic and agricultural sectors; other light work is permitted for children under the age of
12.366 Despite labor regulations, children in all sectors often work long hours, particularly in the
agricultural and mining sectors and in domestic service.367 Slavery and like practices, cruelty
toward children, and the degradation of human beings are forbidden by the Constitution.368 The
Penal Code prohibits kidnapping, violence, and mistreatment of children.369 While trafficking is
not specifically forbidden, a number of laws may be used to prosecute traffickers.370 The Code
forbids direct and indirect involvement in the prostitution of persons, and explicitly proscribes that
of persons less than 18 years of age.371 Contributing to the corruption or debauchery of a minor is
362
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
363
Completion Point Document at 10.
364
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
365
Unclassified telegram 1505.
366
Burkina Faso Labor Code, Article 87 (December 22, 1992), as cited in Diedi Dembele, U.S. State
Department official, electronic correspondence to USDOL official, December 5, 2001. See also unclassi-
fied telegram 1505 and electronic correspondence with U.S. Embassy in Burkina Faso, December 5, 2001.
367
Unclassified telegram 1505.
368
Article 2 of the Constitution of Burkina Faso, as cited in UN Committee on the Elimination of Racial
Discrimination, Reports Submitted by States Parties Under Article 9 of the Convention, Eleventh Periodic
Report of States Parties Due in 1995, Addendum, Burkina Faso, CERD/C/279/Add.2, March 1997.
369
Trafficking in Persons Report at 34. See also unclassified telegram 1153.
370
Ibid.
371
Indirect or direct involvement is meant to describe the action of a person who does any of the follow-
ing: “knowingly aids, assists, or protects the prostitution of others of the solicitation for the purposes of
prostitution; shares, in any manner whatsoever, in the profits, or receives subsidies from [the prostitution
of others]; knowingly lives with a person regularly engaged in prostitution; engages, entices, or supports a
person for the purpose of engaging in prostitution or debauchery, or delivers a person into prostitution or
debauchery; or serves as an intermediary . . .between persons engaging in prostitution or debauchery and
individuals who exploit or remunerate the prostitution or debauchery of others.” See Burkina Faso
Criminal Code [hereinafter Burkina Faso Criminal Code], Articles 334 and 334-1, as reported in The
Protection Project Database at http://www.protectionproject.org.
64
also illegal.372 Penalties specified for these crimes apply even if the offences are committed in
different countries.373
The Ministry of Social Affairs and the Directorate of Labor, Health, and Security, Child
Labor and Trafficking Division at the Ministry of Labor enforce child labor laws.374 The Ministry
of Labor has few inspectors to enforce labor laws, and the government has minimal resources to
conduct child labor investigations.375 In 1997, the government conducted an investigation targeting
the employers of 2,000 children in the agriculture, mining, and domestic sectors, and in 2001, the
government prosecuted a foreign national accused of trafficking children in Burkina Faso.376
Burkina Faso ratified ILO Convention 138 on February 11, 1999, and ILO Convention 182 on July
25, 2001.377
372
Article 334-1 of the Burkina Faso Criminal Code makes illegal the regular contribution to the corrup-
tion of a juvenile under age 21 and the occasional contribution to the corruption of a juvenile under age
16. The full text is in the Burkina Faso Criminal Code at Article 334-1.
373
Burkina Faso Criminal Code at Article 334-1.
374
Penalties for child labor law violations include 3-month to 5-year prison sentences and fines ranging
from CFAF Franc-BCEAO 5,000 to 600,000 (USD 7 to USD 811). See unclassified telegram 1505.
Currency conversion at http://www.carosta.de/frames/convert.htm on 1/25/02.
375
Unclassified telegram 1505.
376
No child labor investigation or inspection has resulted in convictions or the imposition of fines, with
the exception of efforts made to prosecute child traffickers. In May 2001, the governments of Burkina
Faso and Cote D’Ivoire worked together to repatriate 104 children from Cote D’Ivoire. In June 2001, 10
children from Niger, ages 6 to 15, were intercepted by Burkinabe police in Dori. Also in 2001, police
arrested and prosecuted a Ghanaian national for child trafficking. See unclassified telegram 1505 and U.S.
Embassy—Ouagadougou, unclassified telegram no. 1153, June 2001.
377
ILO, List of Ratifications of International Labour Conventions, Burkina Faso, at http://
webfusion.ilo.org/public/db/standards/normes/appl/appl-ratif8conv.cfm?Lang=EN.
NOTE: Hard copies of all Web citations are on file.
65
Burundi
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that 48.6 percent of children between the ages of 10 and 14 in
Burundi were working.382 Children are engaged in subsistence agriculture, family-run enterprises,
and the informal sector.383 In rural areas, children under the age of 16 engage in heavy manual
labor during the school day.384 Soldiers also force children to work as domestics or as porters.
378
ILO, Phase I: Regional Programme on the Prevention and Reintegration of Children Involved in
Armed Conflicts in Central Africa, project document (Geneva: 2001) [on-file].
379
The report also indicated that of the 80 percent of children who enter first grade, 20 percent drop off
by fifth grade. See Enquete Nationale d=Evaluation des Conditions de vie de l=Enfant et de la Femme
au Burundi, Ministere de la Planification de Developpement et de la Reconstruction, Institut de
Statistiques et D’etudes Economiques de Burundi, Rapport Preliminiare, ENECEF-Burundi, December
2000 [hereinafter Enquete Nationale d=Evaluation des Conditions].
380
Enquete Nationale d=Evaluation des Conditions at 5.
381
UN Committee on the Rights of the Child, Summary Record of the 645th Meeting, Burundi, CRC/C/
SR.645 (Geneva, September 26, 2000).
382
World Development Indicators 2001 (Washington D.C.: World Bank, 2001) [CD-ROM].
383
Country Reports on Human Rights Practices for 2000—Burundi (Washington, D.C.: U.S. Department
of State, 2000) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/703.htm.
384
Ibid.
66
Children as young as 12 years old have been recruited as soldiers in the civil war between the
Tutsi-dominated security forces and the Hutu-dominated armed opposition groups.385 Children also
work as prostitutes.386
Education in Burundi is compulsory for six years, between the ages of 7 and 13.387 In
1998, the gross primary enrollment rate was 62 percent, and the net primary enrollment rate was 37
percent.388 Primary school attendance rates are unavailable for Burundi. While enrollment rates
indicate a level of commitment to education, they do not always reflect children’s participation in
school.389 The government attempts to provide for most of the costs of education through grade
six.390 An inequitable distribution of educational resources favors children in the south and central
regions of the nation.391 Discrimination against females has resulted in differential access of girls
to education.392 More than a quarter of the country’s primary schools were destroyed in the war,
and many teachers have been killed. Teacher training has been interrupted and it is difficult to
recruit teachers to provincial areas affected by fighting.393
The Labor Code sets the minimum age of employment at 16 years in “an enterprise,” even
for apprenticeships. Under the Labor Code, children less than 16 may engage in occasional work
that does not interfere with their schooling or cause harm to their health.394 The Penal Code
prohibits facilitating the prostitution or corruption of a person who appears to be younger than age
21. Violations are punishable by up to 10 years of imprisonment. More severe penalties may result
for exploiting or facilitating the prostitution of minors younger than age 18. There is no law
385
Ibid at Section 6c. Girls may become the property of particular soldiers and are used for domestic labor
and sex. See also Coalition to Stop the Use Of Child Soldiers, Global Report 2001: Burundi [hereinafter
Global Report 2001], at http://www.child-soldiers.org/report2001/countries/burundi.html. See also Worst
Forms of Child Labour Data: Burundi [hereinafter Child Labour Data] at http://www.globalmarch.org/
worstformsreport/world/burundi.html.
386
Country Reports 2000 at Section 6d
387
UNESCO, “National Education Systems,” Institute for Statistics, at http://unescostat.unesco.org/
statsen/statistics/yearbook/tbles/Table3_1.html.
388
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
389
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
390
Country Reports 2000 at Section 5.
391
Ibid.
392
International Women’s Rights Action Watch at http://www.igc.org/iwraw/publications/countries/
burundi.html.
393
Country Reports 2000 at Section 5.
394
Ibid. at Section 6d.
67
specifically prohibiting trafficking in persons.395 Article 50 of the Constitution calls upon every
citizen to participate in the defense of the country and the age of compulsory recruitment is be-
tween 16 and 25 years. In 1996, Burundi established a compulsory civic service for all young
people who have completed secondary school, but according to the UN Special Rapporteur the
service is more of a military than civilian nature.396 Burundi ratified ILO Convention 138 on July
19, 2000, and has not ratified ILO Convention 182.397
395
Ibid. at Section 6f. See also The Protection Project: Commercial Exploitation of Women and Children,
A Human Rights Report—Burundi.
396
The government states that in practice no one under age 18 is recruited, but there has been no qualifica-
tion regarding the practice of accepting those under age 18. See Global Report 2001. See also Child
Labour Data.
397
ILO, Ratifications of the Fundamental Human Right Conventions by Country, at http://
www.ilolex.ilo.ch:1567/english/docs/declworld.htm.
NOTE: Hard copies of all Web citations are on file.
68
Cambodia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Cambodia has been a member of ILO-IPEC since 1996. The govern-
ment has adopted national action plans for children’s issues398 and for combating the trafficking
and sexual exploitation of children.399 The National Institute of Statistics (NIS) conducted the first
national child labor survey for Cambodia in 1996 with technical assistance from ILO-IPEC’s
SIMPOC, and a follow-up survey on child labor is currently taking place under the guidance of
NIS and SIMPOC.400
ILO-IPEC projects in Cambodia aim to remove children engaged in child labor in the
brick making, rubber, salt, and fishing sectors.401 In 2001, the USDOL funded a project in Cambo-
dia to eliminate hazardous work in salt production, commercial rubber farms, and fish and shrimp
processing centers in Cambodia.402 The Government of Cambodia, with support from ILO-IPEC,
also conducts training on child labor for labor inspectors and awareness-raising programs through
radio broadcasts. Various ministries have conducted training seminars to improve assistance for
victims of trafficking and sexual exploitation.403 The Ministry of Social Affairs, Labor Vocational
Training and Youth Rehabilitation (MOSALVY) works with UNICEF and IOM to return traf-
ficked children to their homes.404 A joint project with the Ministry of Interior (MOI), UNICEF,
IOM, World Vision, the United Nations Cambodia Office of the High Commission for Human
Rights, and Redd Barna developed training materials and procedures for ongoing MOI police
training to combat sexual exploitation.405
398
National Programme of Action for Children in Cambodia, 1998-2000 (Phnom Penh: Cambodian
National Council for Children, undated), 17.
399
Five Year Plan Against Trafficking and Sexual Exploitation of Children, 2000-2004 (Phnom Penh:
Cambodian National Council for Children, April 2000).
400
Report on Child Labor in Cambodia, 1996, National Institute of Statistics, Phnom Penh, Cambodia,
1997, at http://www.ilo.org/public/english/standards/ipec/simpoc/cambodia/cambodia.pdf on 1/29/02. See
also ILO-IPEC, Child Labor Statistics: SIMPOC Countries, at http://www.ilo.org/public/english/stan-
dards/ipec/simpoc/countries.htm on 1/29/02.
401
U.S. Embassy— Phnom Penh, unclassified telegram no. 1719, September 2000 [hereinafter unclassi-
fied telegram 1719].
402
ILO-IPEC, Project Document: Combating Child Labor in Hazardous Work in Salt Production, Rubber
Plantations, and Fish/Shrimp Processing Centers in Cambodia (Geneva, 2001) [on file].
403
Unclassified telegram 1719.
404
Ibid.
405
Cambodia Country Paper, delivered at the ILO/Japan Asia Meeting on the Trafficking of Children for
Labour and Sexual Exploitation (Manila, the Philippines, October 10-12, 2001). See also Laurence Gray,
World Vision’s CEDC Program Manager, interview by USDOL official, October 17, 2000.
69
The government also works with various donors and NGOs on education issues, focusing
on improving the quality of education and access to primary school. ILO-IPEC is currently work-
ing with the government to create a non-formal education program for former child workers.406
The Ministry of Education, Youth and Sport (MOEYS) also began a Priority Action Program in
ten provincial towns, charging no school fees and providing books on loan.407 In 1999, MOEYS set
a goal for 75 percent of all primary schools to have a complete range of classes through grade six
by 2004. Currently only 48 percent of schools meet this standard.408 A Nonformal Education
Department within MOEYS focuses on delivering tailored education services to meet the needs of
people of all ages.409 The Asian Development Bank supported projects to design and print new
primary school textbooks,410 and to assist MOEYS in developing a basic education plan that is
responsive to the needs of the poor.411 Additionally, the World Bank is facilitating MOEYS’
development of a participatory approach to improving school quality and performance through the
effective management of available resources, and provided assistance for the construction of
schools in rural areas in 1999.412
In 1999, the Cambodian National Institute of Statistics estimated that 9.8 percent of
children between the ages of 5 and 14 in Cambodia were working.413 Beginning at around the age
of 12, the percentage of working girls begins to outnumber that of boys.414 More children work in
rural areas than in urban areas.415 The vast majority of working children in Cambodia are engaged
406
Unclassified telegram 1719.
407
Director of Nonformal Education, Department of Ministry of Education, Youth and Sports, interview
by USDOL official, October 17, 2000 [hereinafter Director of Nonformal Education interview]. Students
must still provide materials such as paper and pens.
408
Education in Cambodia (Phnom Penh: Ministry of Education, Youth and Sport’s Department of
Planning, July 1999), 14.
409
Director, Nonformal Education Department of MOEYS, interview by USDOL official, October 17,
2000 [hereinafter Director of Nonformal Education interview].
410
Asian Development Bank’s Country Assistance Plan, 2000-2002: Cambodia (Asian Development
Bank, December 1999), 7.
411
Cambodia Education Sector Development Plan, PPTA: CAM33396-01, at http://www.adb.org/Docu-
ments/ Profiles/PPTA/33396012.ASP.
412
The World Bank and Cambodia at http://wbln0018.worldbank.org/eap/eap.nsf/
236c318fc341033852567 c9006baf9a/a327463333316f90852567d700792a4c?OpenDocument.
413
According to the survey, 313,811 children were working. Report on the Cambodia Socio-Economic
Survey 1999 (Phnom Penh: National Institute of Statistics, Ministry of Planning, 2000) [hereinafter
Cambodia Socio-Economic Survey], 40. In 1999, approximately 65,000 children ages 5 to 13 worked over
25 hours a week and did not attend school. See Human Development Report at 57.
414
Cambodia Human Development Report 2000: Children and Employment (Phnom Penh: Ministry of
Planning, 2000) [hereinafter Human Development Report], 29. Whereas approximately 50 percent of all
girls between ages 14 and 17 work, only 33 percent of boys in the same age group work.
415
Cambodia Socioeconomic Survey at 39.
70
in the agriculture, forestry, and fishing sectors.416 Children also are exposed to hazardous condi-
tions in brick factories and on commercial rubber farms; in construction and salt production; and as
stonecutters, fish processors, porters, street vendors, and garbage pickers.417 Street children engage
in begging, shoe polishing and other income-generating activities.418 Children, primarily girls, also
work as domestic servants.419
There are reports that some children are held in debt bondage as commercial sex workers
until they work off loans provided to their parents.420 Cambodia is reported to be a country of
origin, transit and destination for trafficking in persons for the purposes of prostitution and various
forms of bonded labor, including begging. Children are trafficked internationally, mostly to
Thailand, for the purposes of commercial sexual exploitation or bonded labor. Most victims being
trafficked into Cambodia come from Vietnam. Internal trafficking occurs from rural to urban areas
for the purposes of sexual exploitation and forced labor.421
The Constitution provides for nine years of free schooling to all citizens, but there are no
compulsory education laws.422 In 1998, the gross primary enrollment rate was 89.7 percent, and the
net primary enrollment rate was 78.3 percent.423 Primary school attendance rates are unavailable
for Cambodia. While enrollment rates indicate a level of commitment to education, they do not
416
Human Development Report at 33, 34. See also Country Reports on Human Rights Practices for 2000—
Cambodia (Washington, DC: U.S. Department of State, 2000) [hereinafter Country Reports 2000],
Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.
417
U.S. Embassy— Phnom Penh, unclassified telegram no. 1077, June 2000. See also UN, Situation of
Human Rights in Cambodia: Report of the Secretary-General, 52nd Session of the General Assembly, A/52/
489 (Geneva, October 17, 1997) [hereinafter Human Rights in Cambodia], Point 167. See also Chea
Pyden, “Garbage Collection Children,” in Child Workers in Asia, newsletter, vol. 16, no. 1, 2000, at http://
www.cwa.tnet.co.th/vol16-1/vcaocambodia.htm.
418
Human Development Report at 39.
419
Ibid. at 41. Most of these children are girls between ages 12 and 15 from remote provinces. Many have
never attended school. See Chea Pyden and Un Chanvirak, “Child Labor in Cambodia,” from the Fifth
Regional Consultation of Child Workers of Asia on the Asian Economic Crisis at http://
www.cwa.tnet.co.th/booklet/cambodia.htm.
420
Some parents say they are tricked into sending their daughters to the cities. See Human Development
Report at 37.
421
Human Development Report at 38. See also U.S. Department of State, Trafficking in Persons Report,
“Victims of Trafficking and Violence Protection Act 2000” (Washington, D.C., July 2001), 35.
422
Director of Nonformal Education interview. A 1999 MOEYS report noted that only half of Cambodia’s
primary schools provide a full 6 years of instruction and 28 districts are without a lower secondary school.
Many children, especially girls, do not have access to secondary schools. See Education in Cambodia
(Phnom Penh: Ministry of Education, Youth and Sport’s Department of Planning, July 1999), 14.
423
Both gross primary enrollment and net primary enrollment rates are lower for females (84 percent and
74 percent, respectively) than for males (95 percent and 82 percent, respectively). See UNESCO, Educa-
tion for All 2000 Assessment (Paris, 2000) [CD-ROM].
71
always reflect children’s participation in school.424 Education is often inaccessible to minority
groups, as classes are conducted only in the Khmer language. Promotion rates to the second grade
for children in minority regions are significantly lower than the national average.425
The Labor Law sets the minimum age for employment at 15 years, though children
between the ages of 12 and 15 are permitted to do light work that is not hazardous and that does
not affect regular school attendance or participation in other training programs.426 The Labor Law
prohibits work that is hazardous to the mental and physical development of people under the age of
18, but the law does not define what types of work are considered hazardous.427 Lists of working
children below the age of 18 must be kept by employers and submitted to the labor inspector and
children must have the consent of a parent or guardian in order to work.428 The Constitution
prohibits prostitution and the trafficking of women,429 and the 1996 Law on the Suppression of
Kidnapping and Sale of Human Beings outlaws trafficking. Brothel owners, operators, and indi-
viduals who prostitute others are all subject to the 1996 law’s penalties.430
424
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
425
Human Rights in Cambodia at Point 108.
426
Bruce Levine, USDOL official, U.S. Embassy-Phnom Pehn, facsimile on Cambodian Labour Law
[hereinafter Cambodian Labour Law], Section VIII, Articles 172–181, to USDOL, June 12, 2000 [herein-
after Levine facsimile]. Employers who violate these laws may be fined 31 to 60 days of the base daily
wage. Hazardous work is defined as “hazardous to the health, the safety, or the morality of an adolescent.”
Article 360 defines the base daily wage as “the minimum wage set by a joint Prakas [declaration] of the
Ministry in charge of Labour and the Ministry of Justice.” The Labor Advisory Committee (LAC) is
tasked with officially determining hazardous work for minors but has yet to provide a list.
427
The Ministry of Social Affairs, Labor, Vocational Training, and Youth Rehabilitation (MOSALVY) is
in the process of drafting regulations to define “light” and “hazardous” work. Until the definitions are
established, the MOSALVY labor inspectors cannot effectively enforce the law for child workers under
age 18. See Cambodian Labour Law at Section VIII, Articles 172–181, in Levine facsimile. See also U.S.
Embassy— Phnom Penh, unclassified telegram no. 1973, December 2001.
428
Cambodian Labour Law at Section VIII, Articles 172– 181, in Levine facsimile.
429
Constitution of the Kingdom of Cambodia, Article 46, at http://www.cambodian-parliament.org/
Constitution/constitution.htm.
430
Law on the Suppression of the Kidnapping, Trafficking and Exploitation of Human Beings, as promul-
gated by Royal Decree No. 0296/01, Article 4. The law stipulates 10 to 15 years of imprisonment for
traffickers and their accomplices. Penalties increase if the victim is under age 15: customers of child
prostitutes under age 15 face penalties of 10 to 20 years of imprisonment. Penalties of 10 to 20 years of
imprisonment are imposed on brothel owners, operators, and individuals who prostitute others.
72
MOSALVY is responsible for monitoring and enforcing compliance with child labor
laws.431 However, the number of labor inspectors outside of Phnom Penh is limited, with no more
than four labor inspectors per province.432
Cambodia ratified ILO Convention 138 on August 23, 1999, but has not ratified ILO
Convention 182.433
431
Unclassified telegram 1719. Because the majority of Cambodia’s workers are in the informal sector,
the labor law effectively covers only a small fraction of the country’s workers.
432
Mar Sophea, ILO-IPEC National Program Manager, interview by USDOL official, October 17, 2000.
433
ILO, International Labour Standards and Human Rights Department, ILOLEX database, at http://
ilolex.ilo.ch:1567/scripts/ratifce.pl?C138.
NOTE: Hard copies of all Web citations are on file.
73
Cameroon
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In September 2001, the Minister of Education began requiring public school principals to
establish school councils to ensure that students are not forced to pay bribes in order to enroll in
school.436 The government has worked with UNESCO on the development of an Education for All
Plan to improve access to schools for all children, including children with disabilities, reduce
disparities in school attendance by region, and improve the quality of girls’ education.437
In 1999, the ILO estimated that 23.4 percent of children between the ages of 10 and 14 in
Cameroon were working.438 According to a study conducted in 2000 by the ILO, the Ministry of
Labor and NGOs, children in Cameroon work in the agricultural sector, in informal activities such
as street vending and car washing, as domestic servants, and in prostitution and other illicit activi-
ties. The study also found that 7 percent of working children in the cities of Yaounde, Douala and
Bamenda were less than 12 years of age and that 60 percent had dropped out of primary school.439
Cameroon is a source, transit and destination country for the trafficking of children.
Children from Cameroon are trafficked internally from rural areas of the country to urban areas
434
ILO-IPEC, Combating the Trafficking of Children for Labour Exploitation in West and Central Africa
(Phase II) (Geneva, 2001) [hereinafter Combating the Trafficking of Children].
435
U.S. Embassy— Yaounde, unclassified telegram no. 3239, October 2001 [hereinafter unclassified
telegram 3239].
436
Ibid.
437
UNESCO, The Education for All 2000 Assessment: Country Reports—Cameroon, at http://
www2unesco.org/wef/countryreports/cameroon/rapport-1html.
438
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
439
The study found that 19.8 percent of children are working in agriculture and the informal sector, 3.4
percent are in car wash businesses, 31 percent work as domestic servants for their relatives, and 7 percent
work in prostitution or other illicit activities. See unclassified telegram 3239.
74
and to other countries in West Africa.440 Children are trafficked to Cameroon primarily from
Nigeria, Benin, Niger, Chad, Congo, Central African Republic, Togo and Mali.441 According to the
ILO, children who have been trafficked within or into Cameroon are employed most often as
domestic workers, street traders, farm laborers, waiters in cafes and bars, prostitutes, manual
workers and night guards.442
Education is compulsory and free through the age of 14.443 In February 2000, the President
of Cameroon announced the elimination of school matriculation fees for public primary schools.444
Nevertheless, reports indicate that some school principals have been requiring bribes to enroll
children in school445 and the families of primary school children must pay for uniforms and book
fees.446 Tuition and fees at the secondary school level remain unaffordable for many families.447
The gross primary enrollment rate has steadily declined during the last decade, from 101.1
percent in 1990 to 85.4 percent in 1996.448 Primary school attendance rates are unavailable for
Cameroon. Although the Constitution of Cameroon guarantees a child’s right to education,449 girls
suffer discrimination in their access to schooling and have lower attendance rates than boys.450 In
2001, the UN Committee on the Rights of the Child indicated a number of problems with the
educational system in Cameroon, including rural/urban and regional disparities in school atten-
dance, limited access to formal and vocational education for children with disabilities, children
falling behind in their primary education, a high dropout rate in primary education, lack of primary
school teachers, and a high degree of violence and sexual abuse against children in schools.451
440
Combating the Trafficking of Children. See also Country Reports on Human Rights Practices for
2000—Cameroon (Washington, D.C.: U.S. Department of State) [hereinafter Country Reports 2000],
Section 6f, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid=713.
441
Combating the Trafficking of Children.
442
Ibid.
443
Country Reports 2000 at Section 5.
444
Ibid.
445
Unclassified telegram 3239.
446
Country Reports 2000 at Section 5.
447
Ibid.
448
In 1994, the gross primary enrollment rate was 84.3 percent for girls and 93.2 percent for boys. See
World Development Indicators 2001.
449
Constitution of the Republic of Cameroon (Law no. 96-06), 1996, preamble, at http://
confinder.richmond.edu/Cameroon.htm on 12/10/01.
450
In 1991, the net attendance rate for girls attending primary school was 61.7 percent and for boys was
70.3 percent. See USAID, Global Education Database 2000, Washington, D.C., at http://www.usaid.gov/
educ_training/ged.html. See also Country Reports 2000 at Section 5.
451
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under
Article 44 of the Convention: Concluding Observations of the Committee on the Rights of the Child,
Cameroon, CRC/C/15/Add.164 (Geneva, November 6, 2001), 54.
75
Child Labor Laws and Enforcement
The Labor Code and the Ministerial Order on Labor set the minimum age for employment
at 14 years.452 The Ministerial Order prohibits youths between the ages of 14 to 18 from engaging
in certain work, including moving heavy weights, working in dangerous and unhealthy tasks,
working in confined areas, or engaging in tasks that can harm a youth’s morality.453 The Labor
Code also specifies that children cannot continue working in any job that exceeds their physical
capacity.454 Under the Labor Code, the Labor Inspectorate can require children to be examined by
a medical professional to make sure their work does not exceed their physical capacity. Children
can also request this examination themselves.455 The Ministerial Order prohibits work by youths in
excess of eight hours per day and work between midnight and 6 a.m.456
Part I of the Labor Code prohibits forced labor.457 Article 292 of the Penal Code prohibits
a person from imposing a work or service obligation on another person for which that person has
not freely applied.458 Article 293 of the Penal Code prohibits slavery and engaging in the traffick-
ing of human beings.459 An amendment to Article 293 prohibits procuring, as well as trafficking of
a person for prostitution or sharing in the profits from another person’s prostitution.460 The penalty
under Article 293 doubles if the crime involves a minor less than 21 years of age.461 Prostitution is
prohibited under Article 343 of the Penal Code.462
The Ministry of Social Affairs and the Ministry of Labor enforce child labor laws through
site inspections of registered businesses. However, a lack of resources hinders the effective en-
forcement of child labor laws.463 Cameroon ratified ILO Convention 138 on August 13, 2001 but
has not ratified ILO Convention 182.464
452
Cameroun Labour Code (Law no. 92/007), 1992 [hereinafter Cameroun Law 92/007], Part V, Chapter
III, Section 86, as cited on NATLEX database at http://natlex.ilo.org/txt/E92CMR01.htm on 12/10/01. See
also Country Reports 2000 at Section 6d.
453
Country Reports 2000 at Section 6d.
454
Cameroun Law 92/007 at Part V, Chapter III, Section 87.
455
Ibid.
456
Country Reports 2000 at Section 6d.
457
Cameroun Law 92/007 at Part I, Section 2.
458
The Protection Project: Commercial Sexual Exploitation of Women and Children: A Human Rights
Report, Cameroon (see Criminal Statutes), January 2001 [hereinafter Human Rights Report] [hard copy
on file].
459
Ibid.
460
Ibid.
461
Ibid.
462
Ibid.
463
Country Reports 2000 at Section 6d.
464
ILO, Ratifications of ILO Fundamental Conventions, at http://www.ilolex.ilo.ch:1567/English/.
NOTE: Hard copies of all Web citations are on file.
76
Cape Verde
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Cape Verde has launched several initiatives aimed at improving basic
education and providing universal education to all children. The government’s current education
reform plan contains strategies for improving the curriculum, training teachers and extending
compulsory basic education.465 In July 2001, Cape Verde signed a MOU with the sponsors of
Education for All in Cape Verde, which include FAO, UNESCO, UNDP, UNICEF, UNFPA, the
World Bank, and WHO, under which the sponsors will collaborate in the preparing the National
Plan of Action of Education for All, work to include more stakeholders in the system, and better
share information.466
In 1999, the ILO estimated that 13.7 percent of children between the ages of 10 and 14 in
Cape Verde were working.467 There is no information available on the incidence of child labor in
Cape Verde. There are no reports specific to children, but Cape Verde is believed to be a transit
point for the trafficking of persons to Europe.468
Primary school education is mandatory between the ages of 6 and 14 years and free for
children ages 6 to 12.469 In 1997, the gross primary enrollment rate was 148.8 percent.470 Primary
school attendance rates are unavailable for Cape Verde. While enrollment rates indicate a level of
465
Oxfam International, Aid and Education: The Squandered Opportunity, policy paper, March 2000
[hereinafter Aid and Education], at http://www.caa.org.au/oxfam/advocacy/education/aid/index.html on
10/30/01.
466
Memorandum of Understanding between the sponsors of Education for All and the Government of
Cape Verde at http://www.dakar.unesco.org/countries/news_docs_comnat/010816_en_capvert.shtml on
12/21/01.
467
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
468
Country Reports on Human Rights Practices for 2000—Cape Verde (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/
hrrpt/2000/af/index.cfm?docid=725.
469
Secondary education is free only for children whose families have an annual income below approxi-
mately 160,000 escudos (USD 1,390). See Embassy of the Republic of Cape Verde to the United States of
America, and Canada, letter to USDOL official, October 26, 2001 [hereinafter Embassy of the Republic of
Cape Verde letter]. See also Country Reports at Section 5. Currency conversion at http://www.carosta.de/
frames/convert.htm on 2/7/02.
470
World Development Indicators 2001.
471
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
77
commitment to education, they do not always reflect children’s participation in school.471 Text-
books have been made available to 90 percent of school children, and 83 percent of the teachers
have attended in-service teacher training.472 Although most children have access to education,
some problems remain. For example, many students and some teachers speak Creole at home and
have a poor command of Portuguese (the language of instruction); there is insufficient spending on
school materials, lunches, and books; and there is a high repetition rate for certain grades.473
The Labor Law sets the minimum age for employment at 14 years and prohibits children
under the age of 16 from working at night or in enterprises that produce toxic products.474 Children
between the ages of 14 and 18 may not work more than 38 hours per week or more than seven
hours per day, except where special permission is granted, and can only work with the consent of
their parents.475 Cape Verde’s Constitution protects children from exploitation in the form of child
labor.476 The Ministries of Justice and Labor enforce child labor laws, but only in the urban, formal
sector of the economy.477 Forced and compulsory labor by children is prohibited by law.478 The
Criminal Code prohibits trafficking of children for the purposes of sexual exploitation, and estab-
lishes a penalty of 12 to 16 years imprisonment as the penalty for infractions.479 The government
has cooperated with European authorities and neighboring governments to address the issue of
trafficking.480 Cape Verde has not ratified ILO Convention 138, but ratified ILO Convention 182
on October 23, 2001.481
472
The World Bank, Project Appraisal Document on a Proposed Credit in the Amount of Sdr 4.5
Million (US$6.0 Million Equivalent) to the Republic of Cape Verde for an Education and Training
Consolidation and Modernization Project, Report No.18581-CV, April 30, 1999 [hereinafter Project
Appraisal Document], 6, at http://www-wds.worldbank.org/pdf_content/00009494699052608145863/
multi_page.pdf on 10/30/01.
473
Ibid.
474
Embassy of the Republic of Cape Verde letter. See also Country Reports 2000 at Section 6d.
475
Embassy of the Republic of Cape Verde letter.
476
Constitution of the Republic of Cape Verde (1992), Article 87 (2) at http:/www.richmond.edu/
~jpjones/confinder/CapeVerde.htm on 10/12/01.
477
Country Reports 2000 at Section 6d.
478
Ibid at 6c.
479
Law No. 91/V/98, Article 406-D, as cited in Human Rights Reports—Cape Verde, Protection
Project Database, at www.protectionproject.org.
480
Country Reports 2000 at Section 6f.
481
ILO-IPEC, Ratification Map, at http://www.ilo.org/public/english/standards/ipec/ratification/map/
index.htm on 10/30/01.
NOTE: Hard copies of all Web citations are on file.
78
Central African Republic
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1998 the government, local NGOs and unions established a network to fight against the
worst forms of child labor.482 Other efforts have been hampered by the country’s faltering
economy, which was further exacerbated following a failed coup attempt in May 2001, forcing the
government to slash its already small budget by one-third.483
In 2000, UNICEF estimated that 63.5 percent of children between the ages of 5 and 14 in
the Central African Republic were working.484 Child labor is widespread, especially in rural areas,
and some children work long hours at young ages.485 Children work in agriculture, mining,
domestic services, cattle raising, and street vending.486 Some girls reportedly engage in prostitu-
tion.487
Public education is free, and education is compulsory from ages 6 to 14.488 AIDS-related
deaths have taken a heavy toll on teachers, contributing to the closure of more than 100 primary
schools between 1996 and 1998.489 In 1991, the gross primary enrollment rate was 56.9 percent.490
482
U.S. Embassy— Bangui, unclassified telegram no. 783, October 2001 [hereinafter unclassified
telegram 783].
483
“Budget Slashed by One-Third Due to Coup Attempt,” UN Integrated Regional Information Networks,
September 28, 2001, on the allAfrica.com Web site at
http://allafrica.com/stories/printable/200109300013.html on 11/5/01.
484
“Enquete a Indicateurs Multiples en Republique Centrafricaine, Rapport Préliminaire,” Bangui, 30
Décembre 2000, UNICEF, Ministere de l=economie, du Plan et de la Cooperation Internationale, Division
Des Statistiques et Des Etudes Economiques, Bureau Central du Recensement [hereinafter “Enquete a
Indicateurs Multiples”], 31.
485
Central African Republic, Reports to Treaty Bodies: Committee on the Rights of the Child, from For the
Record 2000: the UN Human Rights System, at http://www.hri.ca/fortherecord2000/vol2/cartb.htm on 11/
5/01.See also Country Reports on Human Rights Practices for 2000—Central African Republic (Washing-
ton, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://
www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid=731.
486
Unclassified telegram 783.
487
The presence of international peacekeeping forces perpetuated the prostitution trade in the Central
African Republic, as the peacekeepers served as a large group of clients. The practice of children engaging
in prostitution has declined since late 1999, when international peacekeeping forces departed the country
and the demand for prostitutes declined. See Country Reports 2000 at Section 5.
488
Country Reports 2000 at Section 5.
489
“CAR: HIV/AIDS Leading Cause of Death for Teachers,” UN OCHA Integrated Regional Information
Network for Central and Eastern Africa, IRIN News Briefs, September 5, 2001, at http://
www.reliefweb.int/w/rwb.nsf/.
490
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
79
In 2000, the net primary enrollment rate for children between the ages of 6 and 11 was 43 per-
cent.491 Primary school attendance rates are unavailable for the Central African Republic. While
enrollment rates indicate a level of commitment to education, they do not always reflect children’s
participation in school.492 The educational system’s meager budget and salary arrears have resulted
in a shortage of teachers and an increase in the number of street children.493 The percentage of the
national budget allocated to education, which traditionally stood at less than 12 percent, increased
to 18 percent in the late 1990s. According to the government, it will further increase to 25 percent
by 2010.494
The Labor Code sets the minimum age for employment at 14, with the exception that
children who are at least 12 may engage in light work in traditional agricultural activities or
domestic work.495 Children under 18 are forbidden to perform hazardous work or to work at
night.496 The Labor Code prohibits all forced labor.497 Enforcement of the labor laws is poor due to
a lack of sufficient resources by the government.498 The Central African Republic ratified ILO
Convention 138 and ILO Convention 182 on June 28, 2000.499
491
“Enquete a Indicateurs Multiples” at 10.
492
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
493
Country Reports 2000 at Section 5
494
UN Committee on the Rights of the Child, Summary Record of the 657th Meeting: Central African
Republic, CRC/C/SR.657 (Geneva, September 28, 2000).
495
Unclassified telegram 783.
496
Ibid.
497
Country Reports 2000 at Section 6c.
498
It was reported in October 2001 that government employees had not been paid for approximately eight
months. Unclassified telegram 783.
499
ILOLEX database: http://ilolex.ilo.ch:1567/english/iloquery.htm on 12/19/01.
80
Chad
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
UNICEF and the Government of Chad are collaborating on a campaign against the worst
forms of child labor, particularly the use of children as herders in southern Chad.500 In 2000, the
government sponsored a number of workshops, seminars, and radio broadcasts to raise awareness
on child labor.501 In an effort to combat child trafficking, the government also sponsored media
campaigns to advise parents on how to instruct children about the danger of trusting strangers.502
In 2000, UNICEF estimated that 65.5 percent of children between the ages of 5 and 14 in
Chad were working.504 Child labor is rare in the formal sector, but it is common in agriculture and
herding.505 In southern Chad, children are contracted to Arab nomadic herders to tend animals.
These children are often abused and offered little monetary compensation for their labor.506
Children also work for little compensation as domestic servants in the households of relatives.507
Some families arrange marriages for daughters who are as young as 11 or 12 years. Once married,
many of these girls are obligated to work long hours in the fields or in the home for their hus-
500
U.S. Embassy—N’djamena, unclassified telegram no. 1795, November 2001 [hereinafter unclassified
telegram 1795].
501
Country Reports on Human Rights Practices for 2000—Chad (Washington, DC: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfm?docid’742.
502
Ibid. at Section 6f.
503
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under
Article 44 of the Convention: Initial Reports of States Parties Due in 1992, Addendum, Chad, CRC/C/3/
Add.50 (Geneva, 1997) [hereinafter Initial Reports of States Parties], 12.
504
UNICEF, Enquête par grappes á indicateurs multiples, Rapport complet, 2001, at http://
www.childinfo.org/MICS2/natlMICSrepz/Chad/Chad_MICS_Report.pdf. In 1999, the ILO estimated that
approximately 37 percent of children between ages 10 and 14 in Chad were working. See World Develop-
ment Indicators 2001 (Washington, DC: World Bank, 2001) [hereinafter World Development Indicators
2001] [CD-ROM].
505
Country Reports 2000 at Section 6d. See also U.S. Embassy— N’Djamena, unclassified telegram no.
1982, May 1997 [hereinafter unclassified telegram 1982].
506
Country Reports 2000 at Section 6d.
507
Ibid. See also unclassified telegram 1982.
81
bands.508 There are allegations that, in isolated instances, local authorities force children to work in
the rural sector.509
The Constitution guarantees free and compulsory education for nine years, beginning at
the age of six.514 However, parents still make considerable contributions toward school costs.515 In
1996, the gross primary enrollment rate was 57.5 percent, and the net primary enrollment rate was
45.8 percent.516 In 1996, the gross primary enrollment rate for girls was 39.3 percent compared
with 75.7 percent for boys.517 Primary school attendance rates are unavailable for Chad. While
enrollment rates indicate a level of commitment to education, they do not always reflect children’s
participation in school.518 Educational opportunities for girls are limited, mainly because of
tradition, and girls tend not to attend as many years of school as boys. 519
The Labor Code sets the minimum age of employment at 14 years old, but children may
engage in several types of light and non-hazardous work at the age of 12.520 According to the law,
certain jobs are deemed hazardous by the government and are therefore prohibited by children
508
Country Reports 2000 at Section 6c. See also unclassified telegram 1982.
509
Country Reports 2000 at Section 6c
510
Coalition to Stop the Use of Child Soldiers, Global Report 2001: Chad (London, May 2001)
[hereinafter Global Report 2001].
511
Ibid.
512
Ibid. See also Country Reports 2000 at Section 6c.
513
Global Report 2001.
514
Initial Reports of States Parties at 12. See also unclassified telegram 1795.
515
In 1995, it was estimated that parents gave approximately 800 million CFA (USD 1,088,500) to
schools. See Initial Reports of States Parties at 12. Currency conversion at http://www.carosta.de/frames/
convert.htm on 1/29/02.
516
World Development Indicators 2001.
517
Ibid.
518
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
519
Country Reports 2000 at Section 5.
520
“Décret no 55/PR-MTJS-DTMOPS du 8 février 1969 relatif au travail des enfants,” Textes
82
under 18 years of age.521 The Constitution and the Labor Code prohibit slavery and forced labor.
The trafficking of persons is also prohibited.522 The Armed Forces Reorganization Ordinance
establishes 18 years as the minimum age of recruitment into the army,523 but the General Statue of
the Army Ordinance allows a minor to voluntarily join the military with the consent of a parent or
legal guardian.524
Labor inspectors are required to examine work environments to ensure that youth are not
subject to difficult working conditions.525 Offenders of minimum age laws are subject to penalties
laid out in the Labour and Social Security Code.526 The Government of Chad has not ratified ILO
Convention 138, but ratified ILO Convention 182 on November 6, 2000.527
d’application du Code du travail [hereinafter Textes d’application du Code du travail]. See also Initial
Reports of States Parties at 12
521
Initial Reports of States Parties at 12.
522
Country Reports 2000 at Sections 6c, 6f.
523
Ordinance No. 001 of 16 January 1991, as cited in Global Report 2001. See also Initial Reports of
States Parties at 35.
524
Article 52 of the General Statute of the Army, Ordinance No. 006/PR/92, as cited in Global Report
2001.
525
Textes d’application du Code du travail.
526
Initial Reports of States Parties at 12.
527
ILO, Ratification Information, at http://ilolex.ilo.ch:1567/scripts/ratifce.pl?C182.
NOTE: Hard copies of all Web citations are on file.
83
Chile
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Chile has been a member of ILO-IPEC since 1996. As part of the
program, the government established the National Advisory Committee to Eradicate Child La-
bor.528 The Committee has promoted legislation, raised awareness about child labor issues and
designed regional programs for children in Rio Cachapoal, El Olivar, Temuco and the suburbs of
Santiago.529 In September 2000, the Committee organized a seminar to define guidelines for a
national action plan to address child labor. The Committee is also participating in a South America
regional project through ILO-IPEC to train labor inspectors on child labor issues, collect data
under ILO-IPEC’s SIMPOC, and conduct activities on child labor for employers and workers.530
The Chilean Ministry of Education has initiated reforms to improve the quality, equity and
efficiency of the country’s educational system.531 The Program of 900 Schools (P-900), which was
launched in 1990, provided professional development for teachers, special courses for children,
leadership development and family involvement for Chile’s most economically disadvantaged pre-
and primary school children.532 Since 1992, the Rural Basic Education Program has provided
additional funding for rural students and teachers.533 In 1996, the government implemented the
Full School Day Reform, which extended the school day, provided a new curriculum framework,
implemented incentives for teacher professionalism and initiated a network to model and dissemi-
nate innovative teaching, learning and managerial practices at the secondary level.534
528
ILO-IPEC, All About IPEC: Programme Countries, at http://www.ilo.org/public/english/standards/
ipec/about/countries/t_country.htm. This committee includes the Ministry of Labor, UNICEF, ILO,
NGOs, business leaders, legislators, trade unions, churches, and other public and private entities. See also
U.S. Embassy— Santiago, unclassified telegram no. 2756, October 2001 [hereinafter unclassified
telegram 2756].
529
Unclassified telegram 2756.
530
Organización Internacional del Trabajo, Oficina Regional para América Latina y el Caribe, Programa
Internacional para la Erradicación del Trabajo Infantil IPEC, Coordinación Subregional para America
del Sur: Chile, at http://www.ilolim.org/pe/spanish/260ameri/activi/proyecto/ipec/chile.shtml.
531
Francoise Delannoy, “Education Reforms in Chile, 1980-1998: A Lesson in Pragmatism,” The
Education Reform and Management Publication Series, vol. 1, no. 1, World Bank, Human Development
Network, Washington, D.C. [hereinafter Delannoy, “Education Reforms in Chile”], 61.
532
Gobierno de Chile, Ministerio de Educación, Programa de las 900 Escuelas Para Sectores Pobres, at
http://www.mineduc.cl/basica/p_900.htm.
533
Gobierno de Chile, Ministerio de Educación, Educación Rural, Programa Básica Rural, at http://
www.mineduc.cl/basica/rural.htm.
534
Delannoy, “Education Reform in Chile,” at 25-27.
84
Incidence and Nature of Child Labor
In 1996, a survey conducted by the Government of Chile estimated that 1.9 percent of
children between the ages of 6 and 14 in Chile were working during the three months preceding the
survey.535 ILO-IPEC identified mining, agriculture, and street work as three areas where children
are working in Chile.536 Children also work in fishing, charcoal production, meat processing,
manufacturing (bakeries, furniture, bottling and packaging), ranching, shepherding, shellfish
processing, construction, lumber processing, domestic service, as porters and baggers in supermar-
kets, and in the sale of drugs.537 The government reported that in 1999, 3,500 children under the
age of 18 worked in prostitution and pornography.538 Girls are trafficked from Chile to Brazil’s
Pantanal region, and there is allegedly an increase in the prostitution of boys.539
Education is compulsory in Chile between the ages of 6 and 13.540 The gross primary
enrollment rate was 101.3 percent and the net primary enrollment rate was 89.4 percent in 1996.541
Primary school attendance rates are unavailable for Chile. While enrollment rates indicate a level
535
The 1996 government survey found that 47,000 children between the ages of 6 and 14 were working,
and that 78,000 children between ages 15 and 17 were working, which is 9.7 percent of the total number
of children in that age group. See Ministerio de Planificación y Cooperación, Situación del Trabajo
Infantil en Chile, 1996: Resultados de la Encuesta de Caracterización Socioeconómica Nacional
(Santiago, September 1997), 3, 9.
536
Unclassified telegram 2756.
537
Sistema de Información Regional sobre Trabajo Infantil, Sistematización del Proyecto: Acción Contra
el Trabajo Infantil á Través de la Educación y la Motivación, at http://www.colegiodeprofesores.cl/
trabajoinfantil/erradicación2.htm. See also Colegio de Profesores de Chile, A.G, “Trabajo Infantil: Los
Niños y Niñas a la Escuela,” El Nuevo Educador, March 5, 2000 [on file]; Coordinación Nacional de
Marcha, Corporación Opción Marcha, Global Contra el Trabajo Infantil (Chile, March 12-17, 1998), 7
[on file]; and Ministerio de Justicia, Trabajo Infantil en Chile: Ponencia de la Ministra de Justicia, Maria
Soledad Alvear Valenzuela, en la Conferencia Internacional sobre Trabajo Infantil, realizada en Oslo
Noruega, October 1997 [hereinafter Trabajo Infantil en Chile], 4, 5 [on file].
538
Comisión Andina de Juristas CAJ, 3,500 Children Involved in Prostitution in 1999, A Figure Provided
by President Ricardo Lagos, The Government Ratifies ILO Convention 182 on Eliminating the Worst
Forms of Child Labor, at http://caj.../
bdescrptior.in]?ddatos’2000&egistros’25&format’resumen&bollean’0470 [on file].
539
Swedish International Development Agency, Looking Back Thinking Forward: The Fourth Report on
the Implementation of the Agenda for Action Adopted at the First World Congress Against Commercial
Sexual Exploitation of Children in Stockholm, Sweden, 28 August 1996 for 1999-2000 (Stockholm, 2000),
Section 4.3.
540
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports—Chile at http://
www2.unesco.org/wef/countryreports/chile/rapport_1.htm.
541
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
85
of commitment to education, they do not always reflect children’s participation in school.542 The
country’s rural population, particularly that which is directly engaged in agriculture, rarely com-
pletes basic education.543 Children of low-income families are more likely to work and are less
likely to attend school than children of higher-income families.544
The Labor Code sets the minimum age for employment at 15 years.545 Children ages 15 to
18 can work with the permission of their parents. Fifteen year olds are allowed to do light work if
they have completed compulsory education, and if the work will not affect their health, develop-
ment or attendance in education and training programs.546 Children under the age of 18 are prohib-
ited from working more than eight hours a day, at night between the hours of 10 p.m. and 7 a.m.
(outside a family business), underground, in nightclubs, or in activities that endanger their health,
safety and morality.547 The Constitution and the Labor Code prohibit forced labor,548 and child
prostitution, the corruption of minors and pornography are prohibited under the Penal Code.549 The
trafficking of children for prostitution is also prohibited under the Penal Code.550
The Ministry of Labor’s Inspection Agency enforces child labor laws in the formal sector,
while the National Service for Minors (SENAME) within the Ministry of Justice investigates
exploitative child labor related to pornography, the sale of drugs, and other related criminal
activities.551 Child labor inspections are infrequent, and are usually initiated only after a com-
plaint.552 Chile ratified ILO Convention 138 on February 1, 1999 and ILO Convention 182 on July
17, 2000.553
542
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
543
ILO-IPEC, untitled paper from Sistema Regional de Informacion sobre Trabajo Infantil (Chile, 1995),
16 [on file].
544
Trabajo Infantil en Chile at 6, 7.
545
Unclassified telegram 2756.
546
Código Del Trabajo (1994), Chapter II, Articles 13-18, Ministerio Del Trabajo y Prevision Social,
LEY-19684, as found in Andres Lamoliatte, Embassy of Chile, electronic correspondence to Chris
Camillo, USDOL official, November 2, 2001.
547
Unclassified telegram 2756. See also Country Reports on Human Rights Practices for 2000—Chile
(Washington, D.C.: U.S. Department of State, 2001), [hereinafter Country Reports for 2000], Section 6d,
at http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm?docid’736.
548
Country Reports for 2000, Section 6c.
549
Unclassified telegram 2756. See also Interpol, Legislation of Interpol Member States on Sexual
Offenses Against Children: Chile [hereinafter Legislation of Interpol Member States], at http://
www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaChile.asp on 11/6/01.
550
Legislation of Interpol Member States.
551
Unclassified telegram 2756.
552
Ibid.
553
ILO, Ratifications of ILO Conventions, ILOLEX database, at http://www.ilolex.ilo.ch:1567/english/.
86
Colombia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Colombia has participated in several projects to address child labor
with the support of ILO-IPEC.554 The government plans to conduct a national child labor survey in
Colombia with technical assistance from ILO-IPEC’s SIMPOC.555 The government established the
National Committee for the Eradication of Child Labor and Protection of Young Workers, which
developed a four-year action plan to eradicate child labor in 1995, and a two-year plan in 2000.556
In 2001, a three-year ILO-IPEC regional project on the prevention and elimination of child
domestic labor in South America, funded by USDOL, was initiated in four South American
countries, including Colombia.557 In 2001, a two-year ILO-IPEC project on the prevention and
elimination of child labor in small-scale mining, also funded by USDOL, was established in
Colombia. This project aims to coordinate efforts among government agencies, nongovernmental
organizations, and worker and employer organizations to raise awareness, bring mining operations
into the formal sector, and withdraw children from clay, coal, emerald and gold mining work.558
ILO-IPEC is also providing support for a project to provide education, healthcare, and develop-
554
USDOL-Funded IPEC Projects/Programs, Technical Progress Report on South America (Geneva,
September 14, 2001), 3 [document on file].
555
ILO-IPEC, Prevention and Elimination of Child Domestic Labor in South America, project report
(Geneva, September 22, 2000), 9 [hereinafter Child Domestic Labor in South America] [document on
file].
556
Angelino Garzón, “Colombia avanza en la lucha contra las formas extremas de trabajo infantil,”
Boletín Electrónico Encuentros, Programa IPEC Sudamérica [hereinafter Garzón ,“Colombia contra
extremas trabajo infantile”], at http://www.oit.org.pe/spanish/260ameri/oitreg/activid/proyectos/ipec/
boletin/paraeldialogo.html. See also Observatory of the Presidential Program for Human Rights and
International Humanitarian Law, The Eradication of the Child Labor, 2001 (Bogotá, 2001) [hereinafter
Eradication of the Child Labor], 3, 5. The new plan calls for the consolidation of a national child labor
information system; transformation of cultural norms that support child labor; design of public policy
approaches in areas that will have the most impact on child laborers; development of legislation on child
labor and strengthening of the mechanisms that guarantee its application; withdrawal of children from
involvement in the worst forms of child labor; and the development of mechanisms that facilitate the
coordination of efforts among national, regional, and local governments. See Comité Interinstitucional
para la Erradicación del Trabajo Infantil, Plan Nacional de Acción para la Erradicación del Trabajo
Infantil y la Protección de los Jóvenes Trabajadores, 2000-2002 (Bogotá, IPEC, AECI, February 2000),
40, 41.
557
The project aims to gather information on child domestic workers, analyze legislation pertaining to
child labor and train government officials in this legislation and their responsibilities to enforce it, build
the capacity of governmental and nongovernmental organizations to address the issue of child domestic
workers, raise awareness of the problem, withdraw child domestic workers from employment where
possible, provide training in nonhazardous occupations, and establish an integrated reference service
center. See Child Domestic Labor in South America at 8-13.
558
ILO-IPEC, Prevention and Elimination of Child Labor in Small-Scale Mining–Colombia, project
document, E-9-K-1-0001 (Geneva, September 2001) [hereinafter Child Labor in Small-Scale Mining], 4
[document on file].
87
ment of alternative economic activities for the families of child street vendors.559 In addition, ILO-
IPEC is providing support to the second phase of a project to provide job training and placement
services to child victims of sexual exploitation in Colombian coastal cities. 560 Government efforts
have also removed minors from guerrilla and military self-defense groups, and sought to prevent
their recruitment in the future.561 In 1998, the Colombian Institute for Family Welfare (ICBF)
provided social and legal services, nutrition information, and job training and education to 1,220
minors, and supported services to protect the basic human rights of over 12,000 children and
adolescents.562
The government is also working with international development banks and other institu-
tions to promote the welfare of children in Colombia. In March 2001, the World Bank approved a
USD 150 million loan to Colombia to protect and improve the health and educational conditions of
more than a million of the poorest children in the country.563 In 1999, the IDB approved financing
for the government to initiate reforms in the Colombian education system.564 The IDB is funding a
Ministry of Education project to mitigate the effects of the country’s economic crisis on the very
poor, including support to families to increase school attendance and reduce primary and second-
ary dropout rates.565
559
Garzón, “Colombia contra extremas de trabajo infantile.”
560
Ibid.
561
Eradication of Child Labor at 7.
562
Emilio García Méndez and María Cristina Salazar, eds., Nuevas Perspectivas para Erradicar el
Trabajo Infantil en América Latina: Seminario Regional Post-Oslo (Bogotá: UNICEF and Tercer Mundo
Editores, 1999), 273, 274.
563
The loan will finance a government project to provide health and nutrition grants and education grants
for a 3-year period to mothers of children living in the poorest quintile of income distribution. The project
aims to increase school enrollment, reduce student absenteeism, and decrease primary and secondary
school dropout rates. It will also improve the nutrition and health of vulnerable children and improve
childcare practices among poor families in nutrition, health, early stimulation, and avoidance of intra-
family violence. See “Colombia: World Bank Approves $150 Million Loan to Improve Children’s Health
and Education in Colombia,” The World Bank Group, news release 2001/280/S, March 29, 2001, at http://
wbln0018.worldbank.org/news/pressrelease.nsf/673fa6c5a2d50a67852565e200692a79/
e4cbadefc061f4f285256a1e006a87bd?OpenDocument.
564
The goal of the project is to strengthen decentralized independent management and improve efficiency
and equity in the allocation of resources as a means to offer better quality education services in the
country. See “New School System Program: Reform of Education Management and Participation” at http:/
/www.iadb.org/exr/doc98/apr/CO1202E.pdf.
565
“Social Safety Net Program” at http://www.iadb.org/exr/doc98/apr/CO1280E.pdf.
88
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 6.1 percent of children between the ages of 10 and 14 in
Colombia were working.566 In urban areas, child labor is concentrated in the retail and services
sectors, and in activities such as street vending, waiting tables, and prostitution,567 while in rural
areas most of the working children participate in uncompensated family agricultural activities,
including mining.568 Children also work in the cut flower industry, in mining, and in cocoa pick-
ing.569
Children work in the commercial sex industry and are trafficked abroad by international
networks.570 An insurgent campaign to overthrow the Colombian Government has been ongoing
for over 40 years, and reportedly between 15 percent and 20 percent of the nongovernmental
guerrilla and self-defense forces currently involved in the armed conflict are children.571 According
to the Colombian Institute for Family Welfare (ICBF), approximately one million youths in
Colombia under the age of 18 were working in high-risk conditions in the year 2000.572
The Colombian Constitution requires children between the ages of 5 and 15 to attend
school, and education is free in state institutions.573 In 1996, the gross primary enrollment rate was
566
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 200] [CD-ROM]. According to a child labor survey conducted by the government
in 1996, 21 percent of children and adolescents between the ages of 12 and 17 in Colombia were working.
Colombian government surveys collect information on the following populations: 7- to 10-year-olds in
urban areas, 10- to 11-year-olds in rural areas, and 12- to 17-year-olds in both urban and rural regions.
According to the child labor survey cited, however, 1 percent of girls and 2 percent of boys age 7 to 11
worked in urban areas of the country, while 3 percent of girls and 15 percent of boys age 10 to 11 worked
in rural areas. Ministerio de Trabajo y Seguridad Social , el Programa Acordado Colombia, IPEC/ILO, and
the Spanish Agency for International Cooperation (AECI), “El Trabajo Infantil en Colombia: Cifras,” in
Colombia comprometida con la Erradicación del Trabajo Infantil y la Protección del Joven Trabajador:
Principales desarrollos 1996-1999 [hereinafter “El Trabajo Infantil en Colombia”], 5.
567
U.S. Embassy— Bogotá, unclassified telegram no. 9111, October 2001 [hereinafter unclassified
telegram 9111].
568
Child Labor in Small-Scale Mining at 7.
569
Country Reports on Human Rights Practices for 2000—Colombia [hereinafter Country Reports 2000]
(Washington, D.C.: U.S. State Department, 2001), Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
wha/index.cfm?docid’741. See also unclassified telegram 9111.
570
Unclassified telegram 9111. See also The Protection Project, Commercial Sexual Exploitation of
Women and Children: A Human Rights Report—Colombia at http://209.190.246.239/protectionproject/
HrrPDF/Colombia.pdf, cited with permission.
571
CIA World Factbook – Colombia (Washington, D.C.: Central Intelligence Agency, 2001) at http://
www.cia.gov/cia/publications/factbook/geos/co.html. See also Eradication of the Child Labor at 3.
572
Instituto Colombiano de Bienestar Familiar (ICBF), Sistema de Información ICBF, at http://
www.icbf.gov.co/espanol/estadisticas.asp.
573
Constitución Política de Colombia, 1991 con reforma de 1997, at http://www.georgetown.edu/pdba/
Constitutions/Colombia/colombia.html.
89
112.5 percent, and the net primary enrollment rate was 84.7 percent.574 According to government
figures, in 1997, the primary school enrollment rate was 634.3 percent in urban areas and 35.7
percent in rural areas.575 Primary school attendance rates are unavailable for Colombia. While
enrollment rates indicate a level of commitment to education, they do not always reflect children’s
participation in school.576
Colombia’s Labor Code sets the minimum age for employment at 14 years, but also
defines special conditions under which children ages 12 and 13 are authorized to perform light
work with proper permission from parents and labor authorities.577 Article 44 of the Colombian
Constitution calls for the protection of children against all forms of economic exploitation and
exploitation in employment.578 Law 548 of 1999 establishes that persons below the age of 18
cannot perform military service.579 Decree 1974, enacted in 1996, created the Committee to Fight
against Trafficking in Persons, Especially Women and Children.580
The Ministry of Labor, the Colombian Institute for Family Welfare (ICBF), the Minors’
Police, the Prosecutor’s Office for the Protection of the Child and Family, and Family Commis-
sioners are the authorities empowered to enforce the country’s child labor laws and regulations.581
Colombia ratified ILO Convention 138 on February 2, 2001, but has not ratified ILO Convention
182.582
574
World Development Indicators 2001.
575
El Trabajo Infantil en Colombia, 17.
576
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
577
Unclassified telegram 9111.
578
Eradication of the Child Labor at 4.
579
Coalition to Stop the Use of Child Soldiers, Global Report 2001: Colombia, at http://www.child-
soldiers.org.
580
Unclassified telegram 9111.
581
Ibid.
582
ILOLEX database: Colombia at http://ilolex.ilo.ch:1567/english/newratframeE.htm.
NOTE: Hard copies of all Web citations are on file.
90
Comoros
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The government and UNICEF have worked together to evaluate the extent of child
labor.583 Awareness-raising meetings and information campaigns on child labor have been orga-
nized among families and children.584
In 1999, the ILO estimated that 37.9 percent of children between the ages of 10 and 14 in
Comoros were working.585 Children work in the informal sector, in agriculture, and in family
enterprises, particularly in subsistence farming and fishing.586 Children also work as domestic
servants, some as young as seven years.587 Migration from rural areas has led to a growing number
of children working and living on the streets.588 Two armed separatist groups in Anjouan, an island
in Comoros, have reportedly been recruiting boy soldiers between the ages of 13 and 16.589
Primary education is compulsory until the age of 10.590 In 1993, the gross primary enroll-
ment rate was 74.6 percent, and the net primary enrollment rate was 52 percent.591 There are
gender disparities in school attendance and dropout rates.592 In 1993, the gross primary enrollment
583
UN Committee on the Rights of the Child, Summary Record of the 666th Meeting: Comoros, CDC/C/
SR.666 (Geneva, October 4, 2000) [hereinafter Record of 666th Meeting], para. 39.
584
Ibid. at para 46.
585
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
586
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under
Article 44 of the Convention: Concluding Observations of the Committee on the Rights of the Child,
Comoros, CRC/C/15/Add.141 (Geneva, October 16, 2000) [hereinafter Concluding Observations], para.
48. See also Country Reports on Human Rights Practices for 2000–Comoros (Washington, D.C.: U.S.
Department of State, February 2001) [hereinafter Country Reports 2000], Section 6d, at http://
www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’838.
587
Concluding Observations at para. 29. See also Record of 666th Meeting at para. 3 and Country Reports
2000 at Section 5.
588
Concluding Observations at para. 39. See also Record of the 666th meeting at para. 3.
589
Record of 666th Meeting at para 41. See also Coalition to Stop the Use of Child Soldiers, Africa Report:
Comoros (London, March 1999).
590
Country Reports 2000 at Section 5.
591
World Development Indicators 2001.
592
Concluding Observations at para. 43.
91
rate was 84.3 percent for boys and 69.2 percent for girls; the net primary enrollment rate was 57.3
percent for boys and 46.6 percent for girls.593 Primary school attendance rates are unavailable for
Comoros. While enrollment rates indicate a level of commitment to education, they do not always
reflect children’s participation in school.594 There is a general lack of facilities, equipment, quali-
fied teachers, and textbooks and other resources.595 Salaries for teachers are low and often so far in
arrears that many teachers refuse to work.596
The Labor Code sets the minimum age for work at 15 years. There are no laws prohibiting
forced and bonded labor or trafficking in persons.597 There is lax enforcement of labor laws,598 in
part because of a lack of labor inspectors and general lack of resources.599 Comoros has not ratified
ILO Convention 138 or ILO Convention 182.600
593
World Development Indicators 2001.
594
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
595
Concluding Observations at para. 43.
596
Record of 666th Meeting at para. 23.
597
Country Reports 2000 at Sections 6d, 6f.
598
Concluding Observations at para. 48.
599
Country Reports 2000 at Sections 5, 6d.
600
In February 2000, the Council of Ministers in Comoros approved ILO Convention 182 for ratification.
See Record of 666th Meeting at para. 39. See also ILO-IPEC, Ratification Campaign: Ratification Map, on
11/20/01.
NOTE: Hard copies of all Web citations are on file.
92
Congo, Republic of the
(Brazzaville)
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Republic of the Congo is participating in a regional program to prevent the participa-
tion of children involved in armed conflicts in Central Africa, which sponsored by ILO-IPEC and
funded by USDOL.601 The Ministry of Education is working with UNICEF and UNESCO to
rebuild school facilities damaged during the country’s armed conflicts, provide school supplies to
vulnerable families, and train teachers.602 UN agencies are implementing poverty reduction
projects that focus on human rights, health, and employment.603
In 1999, the ILO estimated that 25.5 percent of children between the ages of 10 and 14 in
the Republic of the Congo were working.604 Many of the children work for their families in rural
areas or in informal business activities in cities.605 Isolated cases of child prostitution have also
been reported.606 During a civil war that began in 1993 and lasted for seven years, pro-government
militias and rebel groups systematically recruited children.607 Following a cease-fire in December
1999, all parties agreed to demobilize all their soldiers, including children. While large numbers of
soldiers returned to civilian life, the process of demobilization has proceeded irregularly, and it is
unclear whether some children remain in militias.608 It is alleged that traditional practices exist in
601
ILO, Phase I: Regional Programme on the Prevention and Reintegration of Children Involved in
Armed Conflicts in Central Africa, project document (Geneva, 2001).
602
“Education: Support to Primary Education,” UN Plan for Republic of the Congo, 2001-2002, at http://
www.mirror/undp/congo on 1/2/02.
603
Ibid.
604
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
605
Country Reports on Human Rights Practices for 2000—Congo (Washington, D.C.: U.S. Department of
State, 2001)[hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfm?docid’763.
606
Country Reports 2000 at Section 6d.
607
Coalition to Stop the Use of Child Soldiers, Global Report 2001: Congo [hereinafter Global Report
2001], at http://www.child-soldiers.org on 10/23/01.
608
See Global Report 2001. Estimates are virtually impossible to obtain. Roger Bouka Owoko of Human
Rights Congo told a USDOL official in July 2000 that the general in charge of demobilization efforts said
that there were more than 1,500 ex-militiamen under age 18. However, no serious survey has been con-
ducted, and even militia commanders did not know the number and ages of the people in their units. Many
militia units had teenage members, but it was unclear whether they fought. See Bouka Owoko, Director of
Communications, Congolese Human Rights Watch, interview by USDOL official, July 25, 2000.
93
which ethnic Pygmies, possibly including children, work as indentured servants for ethnic Bantus
in remote northern areas of the country. 609
Primary school education is compulsory for children between the ages of 6 and 11.610 The
gross primary enrollment rate was 114.3 percent in 1995.611 More than 50 percent of the Congo’s
school-age children, however, reportedly do not attend school.612 Many classroom buildings were
damaged because of the civil war, and schools have few educational materials, and poor hygiene/
sanitation systems.613 High dropout rates in urban and rural areas are reportedly due to poverty,
teacher absenteeism, and poor learning conditions. According to UNICEF, 1,714 schools in the
country need rehabilitation.614 Lack of resources has made it very difficult for the Ministry of
Education to rehabilitate the facilities and rebuild the system.615
609
Little reliable information exists on the scope of the problem. See Country Reports 2000 at Section 6c.
The Congo Government argues that what may appear to be slavery is in fact an arrangement whereby the
Pygmies, who are hunters, work for monetary compensation on farms owned by the Bantus. See Embassy
of the Republic of Congo diplomatic note 2267/MAECF-CAB/CAJ, October 25, 2001, to USDOL
[hereinafter diplomatic note 2267/MAECF-CAB/CAJ].
610
UNESCO, International Association of Universities, Higher Education System: Congo—Education
System, at http://www.unesco.org/iau/cd-data/cg.rtf on 12/19/01.
611
World Development Indicators 2001.
612
“UNICEF to Build and Rehabilitate Schools,” UN Integrated Regional Information Networks, Sep-
tember 7, 2001, at http://allafrica.com/stories/200109070016.html on 10/23/01. See also UNICEF,
“UNICEF Emergency Programmes, Republic of Congo Donor Update,” March 7, 2000, at http://
www.unicef.org/emerg/congomar.htm, on 10/26/01.
613
UNICEF, UNICEF Humanitarian Action: Republic of Congo Donor Update, September 4, 2001, at
http://www.reliefweb.int/w/Rwb.nsf/vID/2C45D0903EF3950D85256ABD005B3D8D?OpenDocument on
10/31/01.
614
Ibid.
615
Ibid.
94
Child Labor Laws and Enforcement
The minimum age for employment is 16, unless specifically permitted by the Ministry of
Education.616 The law prohibits forced or compulsory labor, including that performed by children.617
Procuring any person for the purposes of prostitution is illegal, with increased punishment if the
crime is committed with a minor.618 The Ministry of Labor is responsible for enforcing child labor
laws but concentrates its efforts only on the formal wage sector and does not monitor either the rural
or the informal sectors, where most child labor occurs.619 The Republic of the Congo ratified ILO
Convention 138 on November 26, 1999, and ratified ILO Convention 182 on April 29, 2002.620
616
Diplomatic note 2267/MAECF-CAB/CAJ.
617
Ibid.
618
The Protection Project Database, Section 2, Article 225-7, at http://209.190.246.234/vt/2.htm on 2/10/02.
619
Country Reports 2000 at Section 6d.
620
ILO, International Labour Standards, List of Ratifications of International Labour Conventions:
Congo, at http://webfusion.ilo.org/public/db/standards/normes/appl/index.cfm?lang’EN.
NOTE: Hard copies of all Web citations are on file.
95
Congo, Democratic Republic of the
(Kinshasa)
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The DRC is participating in a regional program to prevent children from becoming in-
volved in armed conflicts in Central Africa. The program is sponsored by ILO-IPEC and funded by
USDOL.621 In June 2001, the government created institutions and mechanisms to oversee the
disarmament, demobilization, and reintegration of child soldiers into society622 and initiated a
series of workshops and seminars as part of a national campaign to sensitize both civilians and
soldiers on the demobilization and re-integration of child soldiers into the social mainstream.623
USAID works with and through NGOs that address girls’ education; demobilizing child soldiers;
training and reintegrating child soldiers into their home communities; and protecting vulnerable
and street children, orphans and victims of torture.624
In 1999, the ILO estimated that 28.8 percent of children between the ages of 10 and 14
were working in the Democratic Republic of the Congo (DRC).625 Children work in the informal
sector and in subsistence agriculture, which constitute the larger part of the economy.626 Thousands
of street children in the DRC’s major towns and cities often work in extremely hazardous condi-
tions and are at risk of sexual exploitation or recruitment into the armed forces.627 In November
621
ILO, Phase I: Regional Programme on the Prevention and Reintegration of Children Involved in
Armed Conflicts in Central Africa, project document (Geneva, 2001) [on-file].
622
Human Rights Watch, World Report 2001, Children’s Rights: The Use of Children as Soldiers, at http://
www.hrw.org/wr2k1/children/child2.html on 10/22/01.
623
“Minister Condemns Utilization of Child Soldiers,” Panapress, June 13, 2001, at http://
www.panapress.com/newslat.asp?code’eng005723&dte’13/06/2001 on 10/26/01. The civil war, corrup-
tion, and the government’s inability to control much of the country have combined to make education and
the reduction of child labor a low priority. An estimated 30 percent of children under age 5 suffer from
severe malnutrition, and many children suffer from measles, whooping cough, bubonic plague, malaria,
and HIV/AIDS. See “No End in Sight: The Human Tragedy of the Conflict in the Democratic Republic of
Congo - August 2001,” Christian Aid, Oxfam GB, and Save the Children UK, Oxfam, June 8, 2001
[hereinafter “Human Tragedy of the Conflict”], at http://www.oxfam.org.uk/policy/papers/drc2.htm on 10/
26/01.
624
USAID, Democratic Republic of the Congo, Budget Justification for FY 2002 [hereinafter FY 2002
Budget Justification], at http://www.usaid.gov/country/afr/cd/ on 10/23/01.
625
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM] [hereinafter
World Development Indicators 2001].
626
Country Reports on Human Rights Practices for 2000–Democratic Republic of the Congo (DRC)
(Kinshasa) (Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000],
Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’753.
627
“Human Tragedy of the Conflict.”
96
2001, more than 10,000 children were reportedly serving in armies or in armed opposition mili-
tias.628 Children as young as 10 years of age reportedly have enlisted as soldiers in the Congolese
Armed Forces (FAC).629 The FAC has targeted homeless children, forcing young boys into the
army and sexually exploiting girls.630 Many children are forced by their parents to leave school and
beg in the streets, or work to provide income to their families.631 Girls as young as 8 years of age
have reportedly been forced into prostitution,632 while other children hunt or fish to support their
families instead of attending school.633
Primary education is not compulsory or free.634 In 1994, the gross primary school enroll-
ment rate was 72.2 percent, and the net primary school enrollment rate was 60.8 percent.635 Less
than half of school-age children between ages 6 and 15 attended school in 1999.636 Approximately
three-quarters of children drop out before completing their primary education.637 The main barriers
to attendance are parents’ inability to pay school fees, dilapidated school facilities, and population
displacement.638 From 1990 to 1995, only 64 percent of children who enrolled in the first year of
primary education reached the fifth year.639 The DRC spent approximately 1 percent of its budget
628
Ibid.
629
Country Reports 2000 at Section 5. The UN Committee on the Rights of the Child states that “in some
cases, the age of a child was falsified and children as young as 13 were recruited as soldiers.” See UN,
“CRC Starts Consideration of Report of Democratic Republic of the Congo: Delegation Asked to Clarify
the Fate of Children Sentenced to Capital Punishment, Child-Soldiers,” press release, 27th session, May
28, 2001 [hereinafter UN press release on rights of child], at http://www.unhchr.ch/huricane/huricane.nsf/
view01/D33F9C5FC1976910C1256A5B0057D64A?opendocument.
630
Country Reports 2000 at Sections 1c, 5.
631
Ibid. at Section 6d. Much of this can be attributed to the country’s faltering economy, which has seen
per capita income fall from USD 361 in 1960 to below USD 100 in 2000. Over 80 percent of the DRC’s
population lives in absolute poverty. See also FY 2002 Budget Justification.
632
Country Reports 2000 at Section 6d.
633
Ibid. at Section 5.
634
Ibid.
635
World Development Indicators 2001.
636
UN, “Committee on Rights of Child Starts Consideration of Report of Democratic Republic of the
Congo,” press release, May 28, 2001, at http://www.unhcrh.ch/huricane/huricane.nsf/view01 on 11/19/01
[hard copy on file].
637
UN press release on rights of child.
97
on education in 1999.640 Catholic and Protestant churches support over 60 percent of the educa-
tional services in the country.641
Article 115 of the Labor Law sets the minimum age for employment at 14 years.642
Children between the ages of 14 and 18 may work with the consent of a parent or guardian; those
under 16 may work up to 4 hours per day; those 16 to 18 years may work up to 8 hours per day.643
Children under the age of 18 are prohibited from working at night in public or private establish-
ments.644 Article 15 of the Constitution prohibits forced labor.645 Under the Juvenile Code, children
under 14 are prohibited from engaging in prostitution, although child prostitution is common.646
The Ministry of Labor is responsible for enforcing the labor laws, but does not make an effort to
enforce child labor laws.647 The DRC ratified ILO Convention 138 and ILO Convention 182 on
June 20, 2001.648
638
“Human Tragedy of the Conflict.”
639
UN press release on rights of child.
640
Ibid.
641
FY 2002 Budget Justification.
642
Republique Democratique du Congo, Article 106, Code du Travail, Ordonnance-Loi no. 67/310 du 9
Août 1967 constituent le Code du Travail, dans sa teneur modifiée au 31 décembre 1996 [hereinafter Code
du Travail], NATLEX database, at http://natlex.ilo.org/scripts/natlexcgi.exe?lang’E on 12/10/10.
643
Country Reports 2000 at Section 6d.
644
Code du Travail.
645
Ebauche de la Constitution de la Republique Democratique du Congo at http://confinder.richmond.edu/
congo-k.htm on 12/10/01.
646
Country Reports 2000 at Section 5.
647
Ibid. at Section 6d.
648
ILO, List of Ratifications of International Labour Conventions, Democratic Republic of the Congo, at
http://webfusion.ilo.org/public/db/standards/normes/appl/index.cfm?lang’EN on 10/22/01.
NOTE: Hard copies of all Web citations are on file.
98
Costa Rica
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Costa Rica has been a member of ILO-IPEC since 1996.649 In 1998,
Costa Rica began participating in a two-year USDOL-funded ILO-IPEC project to combat child
prostitution in San Jose.650 Currently, Costa Rica is participating in ILO-IPEC projects to collect
child labor statistics and combat child labor in the coffee sector (in Turrialba and Guanacaste), in
the fishing sector (in the Gulf of Nicoya) and in agricultural markets (in Cartago).651
In 1990, the Government of Costa Rica established the National Directive Committee for
the Progressive Eradication of Child Labor and the Protection of Adolescent Workers in Costa
Rica (formerly the National Directive Committee Against Child Labor).652 The Committee has
developed a national plan to eliminate child labor and fostered a number of institutions that address
child labor, including the Executive Secretariat for the Eradication of Child Labor, the Office of
Eradication of Child Labor and Protection of Adolescent Laborers, and the National Commission
Against the Commercial Exploitation of Minors and Adolescents.653
In September 2000, the government established the “National Agenda for Children and
Adolescents, 2000-2010”, in which it pledged to prevent and eliminate the worst forms of child
labor and retain 100 percent of children in basic education by the year 2010.654 Since implementa-
tion of the agenda began in 2000, the government has created promotional materials on the prob-
lem of child labor; provided awareness training to over 1,450 government officials, college stu-
dents, and private sector employees in the banana industry; and educated 4,000 youths on worker
rights. All labor inspectors are reportedly trained in child labor enforcement and the prevention of
child exploitation.655
649
The ILO-IPEC Regional Office is located in San Jose, Costa Rica. See ILO-IPEC, All About IPEC:
Programme Countries, at http://www.ilo.org/public/english/standards/ipec/about/countries/t_country.htm.
650
ILO, Combating Child Prostitution in Costa Rica, project document, 1998 [on file].
651
U.S. Embassy—San Jose, unclassified telegram no. 1586, June 2000 [hereinafter unclassified telegram
1586]. See also the following ILO project documents: Statistical Information and Monitoring Programme
on Child Labor, September 1999 [on file], and Prevention and Progressive Elimination of Child Labor in
the Coffee Sector in Costa Rica, 1999 [on file].
652
Unclassified telegram 1586.
653
Ibid.
654
“Agenda Nacional para la Niñez y la Adolescencia: Metas y Compromisos, 2000-2001,” Septiembre
2000, pg. 21.
655
Informe de Avance de la Acciones Realizadas en Materia de Niñez y Adolescencia, submitted as an
attachment to Ambassador Jaime Daremblum, Embassy of Costa Rica, letter to USDOL official, October
23, 2001[hereinafter Ambassador Daremblum letter].
99
In the area of education, the government is promoting children’s access to primary school
through ongoing publicity campaigns sponsored by the Ministries of Labor and Public Education
and has increased its education budget 22 percent in the last five years in an effort to help more
children complete secondary school.656 The government is also working with the World Bank on a
USD 23 million project designed to improve basic education in grades one through nine, particu-
larly in disadvantaged rural and marginal urban areas.657
In 1999, the ILO estimated that 4.4 percent of children between the ages of 10 and 14 in
Costa Rica were working.658 In rural areas, children work in agriculture and cattle raising, prima-
rily on family-owned farms. Children traditionally help harvest coffee beans and sugarcane.659 In
urban areas, some children work as domestic servants, and others may be involved in construction,
carpentry, furniture making, baking, sewing and the small-scale production of handicrafts. Chil-
dren also bag groceries at supermarkets, sell goods on streets or highways, and watch over parked
vehicles.660 The prostitution of children is a growing problem in Costa Rica, 661 and is often
associated with the country’s sex tourism industry.662
Education is compulsory and free for 6 years at the primary level and 3 years at the
secondary level.663 In 1998, the gross primary enrollment rate was 108.5 percent and the net
primary enrollment rate was 93.1 percent. 664 Primary school attendance rates are unavailable for
Costa Rica. While enrollment rates indicate a level of commitment to education, they do not
656
Unclassified telegram 1586.
657
The project is helping to revise the curriculum, produce and distribute textbooks, create teaching
manuals and educational materials, deliver training for teachers and school administrators, and pilot
computer use in classrooms. See “Countries: Costa Rica,” The World Bank Group, at http://
www.worldbank.org/html.extdr/offrep/lac/cr2.htm.
658
ILO, Yearbook of Labor Statistics 2000 (Geneva, 2000).
659
U.S. Embassy— San Jose, unclassified telegram no. 515, February 1998 [hereinafter unclassified
telegram 515].
660
Ibid. See also “El Trabajo Infanto Juvenil en Costa Rica y Su Relación Con La Educación: Analysis de
los Resultados de la Encuesta de Hogares de Propositus Múltiples 1994 Sobre Actividades de los Menores
de Edad” (PANI, Costa Rica), 23, 24 [on file].
661
According to the National Board for Children (PANI), street children in San Jose, Limon, and
Puntarenas are at the greatest risk of entering prostitution. See Country Reports on Human Rights Prac-
tices for 2000—Costa Rica (Washington, D.C.: U.S. State Department, 2001) [hereinafter Country Reports
2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/wha/746.htm.
662
UNICEF, Sexual Exploitation in Costa Rica: Analysis of the critical path to prostitution for boys, girls,
and adolescents, 29.
663
A tradition of free schooling dates back to 1869. See “Education in Costa Rica” at http://
www.infocostarica.com//education/education.html [on file]. See also Country Reports 2000 at Section 5.
664
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
100
always reflect children’s participation in school.665 The proportion of dropouts is higher in rural
areas than in urban areas.666
The Labor Code sets the minimum age for employment at 15 years.667 Article 94 of the
Children and Adolescents’ Code prohibits minors under the age of 18 from working in mines, bars
and other businesses that sell alcohol, in unsafe and unhealthy places, in activities where they are
responsible for their own safety and the safety of other minors, and where there they are required to
work with dangerous equipment, contaminated substances or excessive noise.668 Under Article 95
of the Children and Adolescent’s Code, children are also not allowed to work at night or more than
6 hours a day or 36 hours a week.669 Article 71 of the Constitution provides working women and
children with special protection.670
The Children’s Bill of Rights states that all children and adolescents have the right to
protection from all forms of exploitation, including prostitution and pornography.671 Article 170 of
the Penal Code provides a prison sentence of between 4 and 10 years if the victim of prostitution is
under the age of 18.672 Costa Rican law also prohibits the trafficking of women and minors in and
out of the country for prostitution.673
The Ministry of Labor and Social Security is responsible for detecting and investigating
labor violations, while the National Board for Children and the judiciary are responsible for
665
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
666
“UNICEF Señala Debilidades en Lucha Contra Deserción: Niños Esperan Mejor Educación,” Septem-
ber 20, 2001, at http://www.nacion.com/ln_ee/2000/septiembre/20/pais8html. See also “Informe Sobre el
Trabajo Infantil y Adolescente en Costa Rica: Actividad Doméstica Infantil y Adolescente,” PANI (no
publication date) [document on file].
667
In 1998, Costa Rica passed the Children and Adolescent’s Code, which amended Articles 88 and 89 of
the Labor Code to increase the minimum age for work to 15. See Ambassador Daremblum letter. See also
Código de la Niñez y la Adolescencia, 1997 (Geneva: UNICEF, 1998) [hereinafter Código de la Niñez],
and Código de Trabajo (Investigaciones Jurídicas S.A., San Jose, 1999) [hereinafter Código de Trabajo]
[document on file].
668
Código de Trabajo. See also Ambassador Daremblum letter.
669
Código de la Niñez.
670
Constitución Política de la República de Costa Rica, 1949, at .
http://www.georgetown.edu/puba/Constitutions/Costa/costa2.html.
671
U.S. Embassy--San Jose, unclassified telegram no. 1977, August 2000.
672
Ibid.
673
Interpol, “Sexual Offenses Laws: Costa Rica,” at http://www.interpol.int/Public/Children/
SexualAbuse/NationalLaws/scaCostaRica.asp on 11/19/01.
101
addressing cases of child sexual exploitation.674 There are approximately 130 labor inspectors in
Costa Rica.675 Child labor investigations can be initiated after an inspection, or in response to
complaints filed by governmental or non-governmental organizations, or members of civil society,
including children and adolescents who are subject to exploitation.676 Due to limited resources,
child labor regulations are not always enforced outside the formal economy.677 The government
effectively enforces its law against forced labor678 and has been enforcing its prohibitions against
the sexual exploitation of minors by raiding brothels and arresting pedophiles.679
Costa Rica ratified ILO Convention 138 on June 11, 1976, and ILO Convention 182 on
September 10, 2001.680
674
The Ministry of Labor carries out these responsibilities through its Bureau for the Attention and
Eradication of Child Work and Protection of Adolescents, and through the Office of Labor Inspection.
Ambassador Daremblum letter, 3.
675
Minister of Labor of Costa Rica, interview by USDOL official, August 11, 2000.
676
Ambassador Daremblum letter.
677
Country Reports 2000 at Section 6d.
678
Ibid.
679
U.S. Embassy—San Jose, unclassified telegram no. 968, August 2001. See also “Police Raid Reveals
More Child Prostitution in Costa Rica” at http://www.casa-alianza.org/EN/lmn/docs/20000317.00389.htm
[on file].
680
ILO, Ratifications of ILO Fundamental Conventions, at http://www.iloles.ilo.ch:1567/English/.
NOTE: Hard copies of all Web citations are on file.
102
Côte d’Ivoire
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Côte d’Ivoire is one of nine countries participating in the ILO-IPEC project to combat the
trafficking of children for exploitative labor in West and Central Africa, which is funded by
USDOL.681 In September 2000, Côte d’Ivoire and Mali signed a bilateral agreement to curb the
trafficking of Malian children into Côte d’Ivoire.682 The Government of Côte d’Ivoire is in discus-
sions with Burkina Faso and Togo to establish similar agreements.683 In July 2001, the National
Committee for Combating Trafficking and Exploitation of Children was created by presidential
decree.684 The government has also undertaken several educational and training programs to
discourage domestic trafficking685 and is now utilizing the police along the country’s borders to
stop international trafficking.686
The Government of Côte d’Ivoire has stated its support for efforts to combat exploitation
of children in the country’s cocoa sector. A program, funded by USDOL, will seek to withdraw
children from hazardous work in this sector, provide income generation and economic alternatives,
and promote education.687 In addition, the USAID-supported Sustainable Tree Crops Program is
incorporating elements into its program and is coordinating with the USDOL-funded ILO-IPEC
program to address child labor in the cocoa sector.688 The government has agreed to various
surveys and studies on child labor and labor conditions in the cocoa sector funded by USAID,
681
ILO-IPEC, Combating the Trafficking of Children for Labour Exploitation in West and Central Africa
(Phase II): Country Annex IV: Côte d’Ivoire (Geneva) [hereinafter Combating the Trafficking of Children]
[fact sheet on file]. See also ILO-IPEC, Combating the Trafficking of Children for Labour Exploitation in
West and Central Africa (Phase II): Project Document.
682
U.S. Embassy— Abidjan, unclassified telegram no. 2176, June 2001 [hereinafter unclassified telegram
2176]. See also Ministry of Families, Women and Children, Combating Trafficking and Economic
Exploitation of Children in Côte d’Ivoire (Abidjan, July 2001) [hereinafter Trafficking and Economic
Exploitation of Children] [fact sheet on file].
683
Unclassified telegram 2176.
684
Trafficking and Economic Exploitation of Children.
685
Unclassified telegram 2176. See also Trafficking and Economic Exploitation of Children.
686
Trafficking and Economic Exploitation of Children.
687
The program will be coordinated by the National Project Advisory Committee established under the
ILO-IPEC trafficking program. See ILO-IPEC, Action to Combat Hazardous and Exploitative Child
Labour in Commercial Agriculture in West Africa, draft program document (Geneva, December 2001).
688
ILO-IPEC, Action to Combat Hazardous and Exploitative Child Labour in Commercial Agriculture in
West Africa, program overview (December 2001) (Geneva, December 2001). See also Trafficking in
Persons: USAID’s Response (USAID, September 2001), 4.
103
USDOL, and the Chocolate Manufacturers’ Association.689 A national child labor survey is also
planned for 2002 in Côte d’Ivoire with technical assistance from ILO-IPEC’s SIMPOC.690
The Government of Côte d’Ivoire allocates more than 40 percent of its budget to educa-
tion691 and has implemented a National Development Plan for Education, which calls for universal
primary school education by 2010.692
In 2000, UNICEF estimated that 40.3 percent of children between the ages of 5 and 14 in
Côte d’Ivoire work.693 Children work on family farms or as vendors, carpenters, and automobile
mechanics.694 They also work in restaurants and cafes, shine shoes, run errands, watch cars, and
wash car windows.695 Children are reportedly trafficked from Côte d’Ivoire to African, European,
and Middle Eastern countries.696 Children have also been trafficked within Côte d’Ivoire and into
the country from Mali, Benin, Burkina Faso, Ghana, and Togo to work as domestic servants, farm
laborers, and indentured servants.697 These children are sometimes forced to work for owners of
commercial farms harvesting cocoa, cotton, corn, rice, and pineapples.698 Other children are forced
to work in the country’s gold and diamond mines or in sweatshop conditions in small work-
shops.699 There have been reports of the trafficking of Nigerian girls into Côte d’Ivoire for the
purpose of child prostitution.700
689
U.S. Embassy— Abidjan, unclassified telegram no. 3470, October 2001 [hereinafter unclassified
telegram 3470]. See also Chocolate Manufacturers Association, Protocol for the Growing and Processing
of Cocoa Beans and Their Derivative Products in a Manner That Complies with ILO Convention 182
Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor
[on file].
690
ILO-IPEC electronic correspondence on SIMPOC countries to USDOL official, January 18, 2001 [on
file]. See also ILO-IPEC, Child Labor Statistics: SIMPOC Countries, at http://www.ilo.org/public/english/
standards/ipec/simpoc/countries.htm on 1/29/02.
691
UN, Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties
Under Article 44 of the Convention, Initial Reports of States Parties Due in 1993, Addendum, Côte
d’Ivoire, CRC/C/8/Add.41 (Geneva, April 2000) [hereinafter Initial Reports of States Parties], para. 168.
692
UNICEF, Enquête à Indicateurs Multiples - MICS2000: Rapport Final (Abidjan, December 2000)
[hereinafter Indicateurs Multiples - MICS2000: Rapport Final], 24, at http://www.childinfo.org/MICS2/
natlMICSrepz/Ivory_Coast/mics2rap.pdf.
693
Multiple Indicator Cluster Survey 2 at http://www.ucw-project.org.
694
Unclassified telegram 3470. See also Country Reports on Human Rights Practices for 2000—Côte
d’Ivoire (Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section
6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’773.
695
Country Reports 2000 at Section 6f. See also unclassified telegram 3470.
696
U.S. Department of State, Trafficking in Persons Report - Côte d’Ivoire, June 2001.
697
Unclassified telegram 2176. See also Country Reports 2000 at Section 6f.
698
Unclassified telegram 3470.
699
Ibid.
700
U.S. Embassy— Abidjan, unclassified telegram no. 177014, October 2001.
104
Primary education in Côte d’Ivoire is compulsory for children between the ages of 7 and
13.701 Beginning in the 2001-2002 school year, tuition fees for primary school students are
waived.702 However, parents must still pay an annual fee of 2,600 FCFA (USD 3.50) for each
child’s enrollment in public secondary schools and a monthly fee of 3,000 FCFA (USD 4) for
transporting their secondary school children.703 Parents also are responsible for buying books and
school supplies.704 In 1996, the gross primary enrollment rate was 71.3 percent, and the net pri-
mary enrollment rate was 55.2 percent.705 A UNICEF study in 2000 indicated that 56.9 percent of
Ivorian children ages 6 to 11 attend school and that 69.3 percent of children who enter Grade 1
actually reach Grade 5.706 There is a disparity in primary school attendance between children in
urban areas (66.5 percent) and rural areas (48.5 percent), as well as between boys (61.4 percent)
and girls (51.8 percent).707
The Labor Code sets the minimum age for employment at 14 years and prohibits children
under 18 years from working more than 12 consecutive hours or at night, unless working as an
apprentice.708 Decree No. 96-204 also prohibits night work by children between 14 and 17 years,
unless granted on exception by the Labor Inspectorate.709 The Minority Act requires parents or
legal guardians to sign employment contracts on the behalf of children under 16 years of age and to
serve as witnesses to the signing for children between the ages of 16 and 18.710 The Labor Inspec-
701
UNESCO, Education Indicators: Statistical Yearbook, 1996, at http://esa.un.org/socdev/unyin/
country3b.asp?countrycode’ci. See also Country Reports 2000 at Section 5.
702
Unclassified telegram 3470.
703
Ibid. Currency conversion at http://www.carosta.de/frames/convert.htm on 1/29/02.
704
Ibid.
705
World Development Indicators 2001 (Washington, DC: World Bank, 2001) [CD-ROM].
706
Indicateurs Multiples - MICS2000: Rapport Final at 27, 28. See also UNICEF, Enquête à Indicateurs
Multiples - MICS2000: Principaux Résultats (Abidjan, November 2000), at http://www.childinfo.org/
MICS2/natlMICSrepz/Ivory_Coast/Principaux_resultats.pdf.
707
Indicateurs Multiples - MICS2000: Rapport Final at 27.
708
Code du travail [hereinafter Code du travail], Titre II, Chapitre 2, Articles 22.2, 23.8, at http://
www.natlex.ilo.org/txt/F95CIV01.htm.
709
Decree No. 96-204, as cited in unclassified telegram 3470. Employers found in violation of the night
work prohibition are punishable with imprisonment from 10 days to two months and/or a fine ranging
from 2,000 to 72,000 FCFA (USD 3 to 97). Currency conversion at http://www.carosta.de/frames/
convert.htm on 1/29/02.
105
torate can require children to take a medical exam to ensure that they can undertake the work for
which they are hired. If the child cannot perform the required tasks, the employer must move him/
her to a suitable job, and if that is not possible, the contract must be cancelled.711 Decree No. 96-
193 restricts children from working in bars, hotels, pawnshops, and second-hand clothing stores.712
Forced or compulsory labor is prohibited,713 as is having sexual relations with a minor 15 years or
younger.714
The child labor laws in Côte d’Ivoire apply to all sectors and industries in the country,
although the lack of government resources make them difficult to enforce in the informal sector.715
Côte d’Ivoire has not ratified ILO Convention 138 or ILO Convention 182.716
710
Unclassified telegram 3470. See also Initial Reports of States Parties at para. 85.
711
Code du travail at Titre II, Chapitre 3, Article 23.9.
712
Unclassified telegram 3470.
713
Code du travail, Dispositions Générales, Article 3.
714
The penalty for statutory rape or the attempted rape of children age 15 or younger is imprisonment for
1 to 3 years and a fine of 100,000 to 1,000,000 FCFA (USD 135 to 1,351). Persons convicted of procuring
a prostitute under age 21 may be imprisoned for 2 to 10 years. See Country Reports 2000 at Section 5. See
also Initial Reports of States Parties at 32. Currency conversion at http://www.carosta.de/frames/
convert.htm on 1/29/02.
715
Unclassified telegram 3470.
716
The Ivorian Parliament passed ILO Convention 138 and ILO Convention 182 on January 3, 2002. See
ILOLEX database: Côte d’Ivoire at http://ilolex.olo.ch:1567. See also Youssoufou Bamba, Ambassador of
Côte d’Ivoire, letter to Cadbury International Limited official, January 22, 2002.
NOTE: Hard copies of all Web citations are on file.
106
Croatia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Croatia has supported the establishment of the National Council for
Children, a group of state and local institutions that promote general children’s rights issues.717
Several nongovernmental organizations are actively assisting children and ethnic minorities who
were displaced or otherwise affected by the regional armed conflict in the early 1990s. UNICEF
has education programs to improve curricula; train teachers; and address ethnic intolerance—
which may affect children’s school attendance, particularly in areas where Bosnian or Serbian
refugees are returning home.718 In addition, the government signed a trans-border crime agreement
as part of an effort to prevent trafficking, and IOM is working in Croatia to research the current
trafficking situation and raise awareness about the issue.719
Statistics on the number of working children under age 15 in Croatia are unavailable.
According to government officials, only a small number of children between ages 15 and 18 are
employed, mainly in the textile and maritime industries.720 Reports indicate that Croatia is prima-
rily a transit country but also an origin and destination country for trafficking women and children
for prostitution.721
717
UNICEF, 2000 Consolidated Report for Southeast Europe [hereinafter Consolidated Report for
Southeast Europe], 78, at http://www.unicef.org on 10/1/01.
718
UNICEF is also working to improve the national capacity to monitor children’s rights and to increase
government allocations for child social services and child protection. See Consolidated Report for
Southeast Europe at 78.
719
The Croatian government signed the Agreement on Cooperation to Prevent and Combat Trans-border
Crime with the Southeast European Cooperative Initiative. IOM is operating a regional program with a
branch in Croatia. The specific goals of the IOM program are to conduct research into the problem of
trafficking, raise public awareness of the issue, and hold capacity-building programs for police and
potential law enforcers. See UNICEF, Trafficking in Human Beings in Southeastern Europe, August 15,
2000, and IOM, IOM Counter Trafficking Strategy for the Balkans and Neighboring Countries, January
2001. The Ministry of Labour and Welfare has also stated that an initiative was launched in 2000 to make
a plan of action to combat commercial sexual exploitation of children. See Swedish International Devel-
opment Agency, Looking Back, Thinking Forward: The Fourth Report on the Implementation of the
Agenda for Action Adopted at the First World Congress Against Commercial Sexual Exploitation of
Children in Stockholm, Sweden, 28 August 1996, for 1999-2000, 125.
720
“Regulation of Child Labor in the Republic of Croatia,” 1998 Public Hearing on Child Labor (Wash-
ington, D.C.: USDOL, 1998) [hereinafter “Regulation of Child Labor”].
721
The Protection Project Database: Human Rights Report on Trafficking of Women and Children:
Croatia at http://www.protectionproject.org. See also UNICEF, Trafficking In Human Beings in Southeast-
ern Europe, August 15, 2000, and UNESCO, Integration of the Human Rights of Women and the Gender
Perspective, E/CN.4/2000/68, February 2000.
107
Education is free and compulsory through grade eight.722 Children generally finish com-
pulsory education at age 14, but the minimum age for employment is 15.723 In 1996, the gross
primary enrollment rate was 87.1 percent, and in 1994, the net primary enrollment rate was 82.3
percent.724 Primary school attendance is lower among ethnic Roma, many of who do not go to
school at all, or drop out around the second or third grade.725
The Labor Law sets the minimum age for employment at 15, and children between ages 15
and 18 may only work with written permission from a legal guardian.726 According to stipulations
in the Labor Law and the Occupational Safety and Health Act, children under age 18 are prohibited
from working overtime, at night, under dangerous labor conditions, or in any other job that may be
harmful to a child’s health, morality, or development.727 The Constitution prohibits forced or
bonded labor, including labor by children.728 Article 175 of the Criminal Code prohibits slavery
and the transport of slaves; Article 178 outlaws international prostitution, including solicitation of a
minor; and Article 195 prohibits procurement of minors for sexual purposes. Penalties range from
6 months to 5 years in prison, or 10 years for crimes against minors.729 Croatia ratified ILO
Convention 138 on October 8, 1991, and ILO Convention 182 on July 17, 2001.730
722
Country Reports on Human Rights Practices for 2000—Croatia (Washington, D.C., U.S. Department
of State, 2000) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/
eur/index.cfm:docid’716.
723
Ibid. at Section 6d.
724
World Development Indicators 2001, Washington, D.C., 2001 [CD-ROM].
725
While the 1991 Government Census counted 6,700 ethnic Roma in Croatia, government and nongov-
ernmental officials agree that the true number of Roma may be 30,000 to 40,000. Ethnic Roma face
discrimination, particularly in the labor market and in schools. See Savelina Danova and Ruman Russinov,
“Field Report: The ERRC in Croatia,” European Roma Rights Center (summer 1998), at http://
www.errc.org/rr_sum1998/field_report.shtml on 10/1/01. See also Country Reports 2000 at Section 5.
726
Children under age 15 may work or participate in artistic or entertainment functions (such as making
movies) with special permission from the parent or guardian and the labor inspector, assuming that the
work is not harmful to the child’s health, morality, education, or development. See Croatia Labor Law
(1996), Articles 14 and 15, as cited in “Regulation of Child Labor.”
727
Occupational Safety and Health Act, Article 40, as cited in Davor Stier, Embassy of the Republic of
Croatia and the Croatian Ministry of Labor, letter, October 10, 2000 [letter on file]. The list of “harmful
activities” is determined by the Ministry of Labor and Social Welfare, in concert with the Ministry of
Health. In general, all labor provisions are enforced by the Ministry of Labor and Social Welfare. See
Croatia Labor Law (1996), Articles 16 and 40, as cited in “Regulation of Child Labor.”
728
Constitution of the Republic of Croatia, Article 23, at http://www.vlada.hr/english/docs-
constitution.html on 10/1/01.
729
See Protection Project Database at http://www.protectionproject.org.
730
ILOLEX database at http://ilolex.ilo.ch:1567/english on 10/1/01.
108
Czech Republic
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Czech police force is taking active measures to prevent the solicitation of sexual
activity from children through raids of high-crime areas and increased monitoring. This is part of a
government-approved plan to prevent sexual abuse that focuses on crime prevention and rehabilita-
tion of children who have been victims of sexual exploitation.731 With the support of the Czech
Government, the United Nations Center for International Crime Prevention initiated a Global
Program against Trafficking in Human Beings in 2001. The program aims to improve law enforce-
ment and criminal justice responses to trafficking; raise awareness and improve inter-agency and
inter-country cooperation; and enhance existing research on trafficking.732
Statistics on the number of working children below the age of 15 years in the Czech
Republic are unavailable. The popular press has cited incidents of child sexual exploitation in
recent years, and government reports indicate that child prostitution is a present and growing
problem.733 Czech girls are trafficked for purposes of prostitution to and from the former Soviet
Union, Africa, Asia, and the Middle East. The Czech Republic is also a source country for girls
trafficked to Western Europe.734
Education is free and compulsory from ages 6 to 15.735 In 1996, the gross primary enroll-
ment rate was 104 percent, and in 1995, the net primary enrollment rate was 86.9 percent.736
Primary school attendance rates are unavailable for the Czech Republic. While enrollment rates
indicate a level of commitment to education, they do not always reflect children’s participation in
731
U.S. Embassy—Prague, unclassified telegram no. 2575, September 2000 [hereinafter unclassified
telegram 2575]. See also Country Reports on Human Rights Practices for 2000—Czech Republic (Wash-
ington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://
www.state.gov/g/drl/rls/hrrpt/2000/eur/733.htm.
732
Global Programme Against Trafficking in Human Beings, UN Centre for International Crime Program,
at http://www.uncjin.org/CICP/Folder/traff.htm on 10/4/01.
733
In the past few years, the media have produced numerous reports on child sexual exploitation, in
particular, pedophilia. Reports by the government indicate that in recent years, the number of prostitutes
who are under age 18 has increased. Hundreds of cases are listed every year, though the government
believes this to be a fraction of the real number of child prostitutes. See UN Committee on the Rights of
the Child, Consideration of Reports Submitted by States Parties Under Article 44 of the Convention:
Initial Reports of States Parties Due in 1994, Addendum, Czech Republic, CRC/C/11Add.11 (Geneva,
1994) [hereinafter Initial Reports of States Parties]. See also Ray Furlong, “Czech Challenge to Child
Prostitution,” BBC News, July 22, 2000, at http://news.bbc.co.uk/hi/english/world/europe/newsid_846000/
846226.stm; Country Reports 2000 at Sections 5, 6f; and European Parliament, Trafficking in Women,
working paper (Brussels, March 2000).
734
Country Reports 2000 at Section 6f. See also Petr Ibl, Vice-Minister of Interior and Head of the
Delegation of the Czech Republic, statement at the Tenth United Nations Congress on Crime Prevention
and the Treatment of Offenders, April 14, 2000.
735
Unclassified telegram 2575.
109
school.737 Ethnic Roma children attend school less regularly, and disproportionately attend “special
schools” for mentally disabled or socially maladjusted individuals.738
The Labor Code sets the minimum age for employment at 15 years and requires that
youths between the ages of 15 and 18 receive special care and protection.739 Overtime and night
work is prohibited for minors, except for children over 16 years who may work for one hour past
the normal daytime hours.740 Forced labor or service is prohibited in the Charter of Fundamental
Rights and Freedoms.741 The Criminal Code prohibits the trafficking of women and children and
establishes a sentence of three to eight years of imprisonment for violations against women and
children under age 18. The Criminal Code also prohibits procurement of a child under age 18 for
sexual relations; the imprisonment term for violators is five to 12 years for offenses against chil-
dren under age 15.742
Enforcement of child labor laws is carried out through work-place inspections and moni-
tored jointly by the Ministry of Health and the Ministry of Labor and Social Affairs. There have
been no registered violations of labor laws involving minors in the last 10 years.743 The govern-
ment is making an effort to increase enforcement of legislation regarding child sexual exploitation,
but fear of reprisals by organized crime leaders often hinder the process.744 The Czech government
has not ratified ILO Convention 138, but ratified ILO Convention 182 on June 19, 2001.745
736
World Development Indicators 2001.
737
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
738
Country Reports 2000 at Section 5.
739
The only exception to the minimum age law applies to special schools for children with disabilities,
whose graduates may be employed at age 14. The minimum age is established in Article 11 of the 1965
Labor Code. Additional protections for children are established under Articles 165, 166, and 167 of the
Labor Code. See unclassified telegram 2575.
740
Initial Reports of States Parties.
741
Charter of Fundamental Rights and Freedoms, Article 9, at http://www.psp.cz/cgi-bin/eng/docx/laws/
listina.html on 10/2/10.
742
See Criminal Code, Articles 204, 246, The Protection Project Database, at http://
www.protectionproject.org.
743
According to a representative at the Ministry of Labor and Social Affairs, Employment Services
Department, the law requires labor offices throughout the country to carry out thousands of inspections
and investigations a year. During the past 10 years, no child labor violations have been discovered in the
formal sector. See unclassified telegram 2575.
744
In 2000, several trials and convictions of persons involved in sexual exploitation took place. According
to government reports, criminal activities and organized crime connected with child prostitution compli-
cate the enforcement process, as affected persons may fear revenge or condemnation by crime gangs and
hinder legal proceedings. See Country Reports 2000 at Section 6f and Initial Reports of States Parties.
745
ILOLEX database: Czech Republic at http://ilolex.ilo.ch:1567/english/ on 10/2/01.
NOTE: Hard copies of all Web citations are on file.
110
Djibouti
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Statistics on the number of working children under the age of 15 in Djibouti are unavail-
able. Information on the incidence of children’s work is limited, although reports indicate that child
labor exists, primarily in informal economic activities.748 In rural areas, children perform unpaid
labor on family farms, and in urban areas, children often work in small-scale family businesses,
trade, catering or craft sectors, or as domestic servants.749 Children displaced from Ethiopia,
Eritrea, and Somalia seeking work in Djibouti’s cities where they beg as street children.750 Child
prostitution reportedly is increasing, particularly among street children in the capital city.751
Education is free and compulsory between the ages of 6 and 12.752 Although education is
free, there are additional expenses (e.g., transportation and books) that might prohibit poorer
746
U.S. Embassy—Djibouti, unclassified telegram no. 1503, Section 6d, August 2000 [hereinafter
unclassified telegram 1503].
747
Ibid.
748
Unclassified telegram 1503. See also UN Committee on the Rights of the Child, Consideration of
Reports Submitted by States Parties Under Article 44 of the Convention: Initial Reports of States Parties
Due in 1993, Addendum, Djibouti, CRC/C/8/Add.39 (Geneva, August 3, 1998) [hereinafter Initial Reports
of States Parties], paras. 144, 145.
749
Initial Reports of States Parties at paras. 144, 145.
750
The Effective Abolition of Child Labour: Djibouti, Review of Annual Reports Under the Follow-Up to
the ILO Declaration on Fundamental Principles and Rights at Work, GB.277/3/2 (Geneva, March 2000)
[hereinafter Effective Abolition of Child Labour]. See also “Djibouti: Drought and Economic Refugees
Overburden Capital,” [hereinafter “Djibouti: Drought and Economic Refugees Overburden Capital”],
IRIN News Service, UN Office for the Coordination of Humanitarian Affairs, September 5, 2001, at http://
www.irinnews.org on 11/28/01.
751
“Child Prostitution,” ECPAT International Database: Djibouti, at http://www.ecpat.net/eng/Ecpat_inter/
projects/monitoring/online_database/ on 11/28/01. See also UN Committee on the Rights of the Child,
Consideration of Reports Submitted by States Parties Under Article 44 of the Convention: Concluding
Observations of the Committee on the Rights of the Child: Djibouti, CRC/C/15/Add.131 (Geneva, June
28, 2000). See also “Djibouti: Drought and Economic Refugees Overburden Capital”.
752
Country Reports on Human Rights Practices for 2000 – Djibouti (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfm?docid’665. See also Youth at the UN, Country Profiles on the Situation of Youth: Djibouti, at
http://www.esa.un.org/socdev/unyin/countrya.asp?countrycode’dj on 11/28/01.
111
families from sending their children to school.753 In 1996, the gross primary enrollment rate was
38.6 percent, and the net primary enrollment rate was 31.7 percent.754 Both gross and net enroll-
ment rates are lower for girls than for boys.755 Primary school attendance rates are unavailable for
Djibouti. While enrollment rates indicate a level of commitment to education, they do not always
reflect children’s participation in school.756
The Labor Code sets the minimum age for employment at 14 years.757 Night work is
prohibited for children under the age of 16, and the hours and conditions of work by children are
regulated.758 Forced labor is also prohibited.759 The Penal Code criminalizes prostitution.760 There
is no authority within the Government of Djibouti responsible for investigating violations of child
labor laws, although the national labor inspectors are required to report infractions as they occur.761
No incidents of child labor violations have been brought before the judicial system to date.762
Djibouti has not ratified ILO Convention 138 or ILO Convention 182.763
753
Country Reports 2000 at Section 5.
754
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
755
Ibid. In 1996, the gross primary enrollment rate was 32.6 percent for girls and 44.5 percent for boys.
The net primary enrollment rate was 27.3 percent for girls and 36.2 percent for boys.
756
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
757
The government is currently drafting a new Labor Code that will raise the minimum age for employ-
ment from age 14 to 16. See Effective Abolition of Child Labour.
758
Initial Reports of States Parties at para. 25.
759
Country Reports 2000 at Section 6c.
760
“Protection,” ECPAT International Database: Djibouti, at http://www.ecpat.net/eng/Ecpat_inter/
projects/monitoring/online_database/ on 11/28/01.
761
Unclassified telegram 1503.
762
Ibid. There is reported to be a shortage of labor inspectors, which may contribute to the lack of
reported child labor violations. See also Country Reports 2000 at Section 6d.
763
ILOLEX database: Djibouti at http://www.ilolex.ch on 11/29/01.
112
Dominica
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Statistics on the number of working children below the age of 15 in Dominica are unavail-
able. However, some children are reported to work on a seasonal basis with their families in
agriculture.768
Education in Dominica is compulsory from ages 5 to 16.769 The gross primary enrollment
rate was 100.4 percent in 1991 and 98.2 percent in 1998, and the net primary enrollment rate was
88.7 percent in 1991 and 88.8 percent in 1998.770 Primary school attendance rates are unavailable
for Dominica. While enrollment rates indicate a level of commitment to education, they do not
always reflect children’s participation in school.771 Poor physical conditions in many primary
schools affect the quality of education, and some schools are overcrowded, limiting access to
primary education, particularly for children living in urban areas around the capital.772 Poverty and
764
U.S. Embassy—Bridgetown, unclassified telegram no. 1126, June 2000 [hereinafter unclassified
telegram 1126].
765
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports—Dominica [hereinafter
EFA 2000 Assessment: Country Reports], at http://www2unesco.org/wef/countryreports/dominica/
rapport_2html on 11/6/01.
766
Ibid.
767
Ibid.
768
Unclassified telegram 1126.
769
EFA 2000 Assessment: Country Reports.
770
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
771
For a more detailed discussion on the relationship between education statistics and work, see Intro-
duction to this report.
772
EFA 2000 Assessment: Country Reports at 9.
113
work on family banana farms during the harvest season can affect school attendance, but other
employment does not pull minors out of school.773 There is a significant Carib Indian population
on Dominica, and schools on the Carib reservations are reported to have fewer resources.774
The minimum age for employment in Dominica is 15 years.775 There are no laws that
specifically prohibit trafficking in persons or child pornography,776 but the Sexual Offenses Act of
1998 prohibits the prostitution of minors.777 Dominica has no military; therefore, the use of child
soldiers is not considered a problem.778
Dominica ratified ILO Convention 138 in September 27, 1983 and ILO Convention 182
on January 4, 2001.779
773
Unclassified telegram 1126.
774
El Barometer North America, North America and the Caribbean: Dominica, at America.html” http://
www.ei-ie.org/pub/english/BarometreNorth America.html on 6/6/00.
775
EFA 2000 Assessment: Country Reports.
776
Country Reports on Human Rights Practices for 2000—Dominica (Washington, D.C.: U.S. Department
of State, 2001), Section 6f, at http://state.gov/g/drl/rls/hrpt/2000/wha/index.cfm?docid’757. See also
Sexual Offenses Act of 1998, as cited on NATLEX database at http://www.natlex.ilo.org/scripts/
natlexorgi.exe?lang’E on 11/6/01.
777
DMA-1998-L-49696, NATLEX database at http://natlex.ilo.org/Scripts/
natlexcgi.exe?lang’E&doc’query on 10/2/01.
778
Coalition to Stop the Use of Child Soldiers, Global Report 2001: Dominica, at http://www.child-
soldiers.org/report2001/countries.caribbean.html on 10/9/01.
779
ILO, Ratifications of the ILO Fundamental Conventions, at http://webfusion.ilo.org/public/db/stan-
dards/normes/appl/atif8conv.cfm?Lang’EN.
NOTE: Hard copies of all Web citations are on file.
114
Dominican Republic
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of the Dominican Republic has been a member of ILO-IPEC since
1997.780 In December 1998, a successful, two-year pilot project was launched to eliminate and
prevent child labor in Constanza.781 The Dominican Republic is currently participating in two ILO-
IPEC regional projects funded by USDOL to combat child labor in the coffee sector and the
tomato sector.782 With funding from the USDOL and technical assistance from ILO-IPEC’s
SIMPOC, the National Statistics Office also conducted a national child labor survey in 2000.783
The Dominican Republic is now undergoing preparatory work for a national Timebound Program
to eliminate the worst forms of child labor within a specific timeframe.784
Since 1992, government policy on education has been coordinated through its Ten-Year
Education Plan (PDE).785 In 1995, the World Bank, IDB, and local contributors funded a project
entitled, “Basic Education Improvement Project” to improve school infrastructures, expand school
nutrition programs, train teachers and improve monitoring and evaluation in the education sector.786
780
ILO-IPEC, Preparatory Activities for the Elimination of the Worst Forms of Child Labour in the
Dominican Republic, project document (Geneva, September 2001) [hereinafter Elimination of the Worst
Forms of Child Labour], 1.
781
ILO-IPEC, Combating Child Labour in High-Risk Agriculture Activities in Constanza, project docu-
ment (Geneva, March 2001).
782
ILO-IPEC, Prevention and Elimination of Child Labor in the Tomato Producing Sector in the Domini-
can Republic (Geneva, 2000) [hereinafter Elimination of Child Labor in the Tomato Producing Sector], 3.
See also ILO-IPEC, Prevention and Elimination of Child Labor in the Coffee Industry in the Dominican
Republic, (Geneva, 1999) [hereinafter Elimination of Child Labor in the Coffee Industry].
783
ILO, SIMPOC: Central America, project document, 1999 [document on file].
784
Elimination of the Worst Forms of Child Labour.
785
The main goal of the Ten-Year Education Plan (PDE) is to increase access to quality education by
reforming curricula, improving teaching conditions, increasing community participation in education,
enacting a new education law, and increasing resources for education. See Elimination of the Worst Forms
of Child Labour.
786
Inter-American Development Bank, Basic Education Improvement Program, at http://www.iadb.org/
exr/PRENSA/1995/cp23695e.htm on 9/28/01.
115
Incidence and Nature of Child Labor
In 1999, the ILO estimated that, in the Dominican Republic, 13.7 percent of children
between the ages of 10 and 14 were working.787 Children work as agricultural workers, street
vendors and shoe shiners, and domestic servants.788 Haitian children work on sugarcane farms in
the Dominican Republic, particularly in the Barahona province.789 Children from poor families are
adopted into others’ homes, often serving under a kind of indentured servitude.790
Basic education is free and compulsory between the ages of 5 and 14.795 The gross primary
enrollment rate was 93.9 percent in 1996.796 The repetition rate was 5.6 percent and the dropout
rate was 14.4 percent for children enrolled in grades one to eight in 1999.797 Primary school
787
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
788
Almost three quarters of working children are boys, and more children work in urban areas than in
rural areas. See Elimination of the Worst Forms of Child Labour at 1.
789
Agustin Vargas-Saillant, Domingo Jimenez, and Rufino Alvarez, Unitary Confederation of Workers
(CTU and Futrazona), Dominican Republic, interview by USDOL official, August 29, 2000.
790
They work long hours under the threat of punishment, in agriculture, domestic service, or industry.
Some, especially the girls, are sexually abused. See Country Reports on Human Rights Practices for
2000—Dominican Republic (Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country
Reports 2000], Section 6c, at http://www.state.gov/g/drl/rls/rpt/hrrpt/2000/wha/index.cfm?docid’761.
791
Country Reports 2000 at Section 5.
792
Mercedes Gonzalez, “La explotación sexual y laboral de niños,” El Siglo (August 20, 2000).
793
Country Reports 2000 at Section 6f.
794
Ibid.
795
Children usually begin school at age 6 and complete it at age 13. See UNESCO, Statistics: National
Education Systems, at http://www.uis.unesco.org/statsen/statistics/yearbook/tables/Table3_1.html.
796
World Development Indicators 2001.
797
Elimination of the Worst Forms of Child Labour at 6.
116
attendance rates are unavailable for the Dominican Republic. While enrollment rates indicate a
level of commitment to education, they do not always reflect children’s participation in school.798
In rural areas, schools often lack basic furnishings and teaching materials and are far from
children’s homes. In many cases, school fees and the cost of uniforms, books, meals, and transpor-
tation make education prohibitively expensive for poor families.799
The Labor Code sets the minimum age for employment at 14 years, and places restrictions
on the employment of youth between the ages of 14 and 16.800 Youth may not work more than 6
hours a day, and must have a medical certificate.801 They are restricted from performing night work
during certain hours and working more than 12 hours daily. Youth are also prohibited from per-
forming ambulatory work, delivery work, work in establishments that serve alcohol, and work that
would harm their health and safety.802 Article 254 of the Labor Code requires employers to ensure
that minors may continue their schooling.803
Forced and bonded labor is prohibited under the Labor Code.804 The Criminal Code
prohibits trafficking in persons for the purpose of prostitution, but does not include other severe
forms of trafficking. A migrant smuggling law can be used to prosecute traffickers; however, the
penalties for trafficking in persons are not commensurate with penalties for rape, sexual assault, or
severe forms of domestic violence.805
798
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
799
Elimination of the Worst Forms of Child Labour.
800
Código de Trabajo de la República Dominicana 1999 [hereinafter Código de Trabajo] [hard copy on
file].
801
Permission is needed from both the mother and father. If this is not possible, then authorization can be
gained from the child’s tutor. If there is no tutor, authorization can be granted by a judge from the child’s
area of residence. See Código de Trabajo, articles 247 and 248. See also Preguntas y Respuestas,
Secretaria de Estado de Trabajo, Republica Dominicana, at http://www.set.gov.do/preguntas/menor.htm.
802
Código de Trabajo, articles 246 and 249.
803
Ibid. at Article 254.
804
Ibid.
805
U.S. Department of State, Trafficking in Persons Report, July 2001, Tier 2, Angola
(Washington, D.C., 2001).
117
The Secretariat of Labor is responsible for enforcing child labor laws.806 In 2000, the
Government of the Dominican Republic had approximately 232 labor inspectors charged with
enforcement of the minimum wage, child labor laws, and health and safety legislation. The Minis-
try of Labor has taken employers in violation of the law to court.807
The Dominican Republic ratified ILO Convention 138 on June 15, 1999 and ILO Conven-
tion 182 on November 15, 2000.808
806
U.S. Embassy—Santo Domingo, unclassified telegram no. 3919, September 2001.
807
U.S. Embassy—Santo Domingo, unclassified telegram no. 2499, June 2000.
808
ILO, Ratifications of ILO Conventions, at http://ilolex.ilo.ch:1567/english/ on 11/20/01.
NOTE: Hard copies of all Web citations are on file.
118
Ecuador
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Ecuador has been a member of ILO-IPEC since 1997. As part of the
program, the government established a National Committee for the Progressive Eradication of
Child Labor,809 which is currently formulating a Child and Adolescent Law and is planning to
conduct a national child labor survey with technical assistance from ILO-IPEC’s SIMPOC.810 In
2000, an ILO-IPEC Regional Program was established in Ecuador, along with Bolivia and Peru, to
prevent and progressively eliminate child labor in small-scale traditional gold mining.811 With
assistance from ILO-IPEC, the government has instituted several sector-specific programs to study
and combat child labor. Programs have been established to combat child labor in the brick making
industries of Quito and Cuenca, the garbage dumps of Santo Domingo de los Colorados, and in the
country’s flower industry.812
809
USDOL-Funded IPEC Projects/Programs, Technical Progress Report on Bolivia, Ecuador, and Peru
(Geneva, September 12, 2001) [hereinafter Technical Progress Report], 4 [document on file]. The
committee’s existence has been somewhat precarious because of political instability, but an executive
decree promulgated in 2001 set the base for legally creating the Technical Secretariat of the committee,
which will determine its structure, functions, and financing.
810
Technical Progress Report at 5. See also ILO-IPEC official E-mail correspondence on SIMPOC
countries to USDOL official, January 18, 2001 [document on file].
811
The program consists of awareness-raising campaigns, baseline studies of child labor in traditional
mining, training programs for governmental and nongovernmental workers and employer service provid-
ers, promulgation of national policies on child labor in traditional mining activities, development of
national networks focused on child labor in mining, and local action plans to withdraw children from
hazardous mining tasks. See IPEC, Program To Prevent and Progressively Eliminate Child Labor in
Small-Scale Traditional Gold Mining in South America, project document (Geneva, May 2000), 10, 11
[document on file].
812
“Condiciones actuales sobre el trabajo realizado en materia de erradicación del trabajo infantil,” fact
sheet from the Ecuadorian Ministry of Labor and Human Resources [document on file].
813
U.S. Embassy— Quito, unclassified telegram no. 3265, September 2001 [hereinafter unclassified
telegram 3265].
814
Inter-American Development Bank, Rural Autonomous School Network Program, at http://
www.iadb.org/exr/doc98/apr/ec1142e.pdf.
119
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 4.5 percent of children between the ages of 10 and 14 in
Ecuador were working.815 According to a 1997 UNICEF report, more than 60 percent of working
children in Ecuador lived in rural areas, and most did unpaid agricultural labor for their families.816
In urban areas, children work in manufacturing, commerce, services such as automobile repair, and
domestic service.817 Many children under 12 years of age, living in urban areas, work in family-
owned businesses in the informal sector, including vending, shining shoes, collecting and recycling
garbage, and begging on the streets.818 There are reports of prostitution by girls and boys under 18
years of age in urban areas.819
The Constitution requires that all children attend school until they achieve a “basic level of
education,” which is estimated at nine school years.820 In 1996, the net primary enrollment rate was
96.9 percent,821 and 71.8 percent of children stayed in school until the fifth grade.822 Primary
school attendance rates are unavailable for Ecuador. While enrollment rates indicate a level of
commitment to education, they do not always reflect children’s participation in school.823 The cost
of primary and secondary education is borne by the government, but families often face significant
additional expenses such as fees and transportation costs.824 In 2000, government spending on
education continued to decline, both in real terms and as a proportion of GDP.825
815
World Development Indicators 2001 (Washington, D.C., World Bank, 2000) [hereinafter World
Development Indicators 2001] [CD-ROM].
816
Mauricio Garcia M., El trabajo y la educación de los niños y de los adolescentes en el Ecuador
(Ecuador: UNICEF, 1997), 38.
817
Ibid.
818
Unclassified telegram 3265.
819
Country Reports on Human Rights Practices for 2000—Ecuador (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000] at “http://www.state.gov/g/drl/rls/hrrpt/2000/wha/
index.cfm?docid’766” http://www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm?docid’766.
820
Unclassified telegram 3265.
821
World Development Indicators 2001.
822
UNESCO, Education for All 2000 Assessment: A Decade of Education (Paris, 2000) [CD-ROM].
823
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
824
Unclassified telegram 3265.
825
Country Reports 2000 at Section 5.
120
Child Labor Laws and Enforcement
The 1992 Minors’ Code sets the minimum age for employment at 14, but permits children
12 years of age and older to work as apprentices with authorization from the Minors’ Tribunal.826
The Labor Code prohibits children under 15 from working more than six hours per day or 30 hours
per week, and children between the ages of 15 and 18 from working more than seven hours per day
or 35 hours per week. Minors under 18 years are prohibited from engaging in night work, and
children under 15 may not work aboard fishing vessels, except with special permission from the
court and when the work does not interfere with school.827 The 1998 Constitution specifically calls
for children in Ecuador to be protected in the workplace against economic exploitation; dangerous
or unhealthy labor conditions; and conditions that hinder minor’s personal development or educa-
tion. Minors are also protected against trafficking, prostitution, and the use of illegal drugs and
alcohol.828 The Penal Code explicitly defines and prohibits child pornography, promoting and
facilitating prostitution, and trafficking. Adults convicted of promoting or engaging in such
activities may be sentenced from one to nine years in jail.829
No single government authority is responsible for the implementation of child labor laws
and regulations forbidding the worst forms of child labor. Public institutions charged with enforc-
ing child labor laws include the Ministry of Labor, Ministry of Welfare, and Minors’ Tribunals.
The Ministry of Labor has created a Social Service Directorate to monitor and control child labor
in the formal sector; however, most child laborers are found in the informal sector, where monitor-
ing is difficult. In some instances, the directorate has applied sanctions, but in others, it has merely
helped to provide work authorization documents to child workers.830
Ecuador ratified ILO Convention 138 and ILO Convention 182 on September 19, 2000.831
826
ILO/IPEC, Ecuador, Sistema Regional de Información sobre Trabajo Infantil, Instituto Nacional del
Niño y la Familia [INNFA], and Cooperación Espanola, 1995 [hereinafter Ecuador], 20. In 2000, legisla-
tion was introduced into Congress that would raise the minimum working age to 15. As of September
2001, however, this legislation had not been passed.
827
Ecuador at 24.
828
Unclassified telegram 3265.
829
Código Penal Ecuatoriano at http://www.unifr.ch/derechopenal/ljecuador/cpecu30.html.
830
Unclassified telegram 3265.
831
ILOLEX database: Ecuador at http://www.ilolex.ilo.ch.
NOTE: Hard copies of all Web citations are on file.
121
Egypt
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Egypt established a national plan against child labor in 1995, which
proposed education programs, income-generating activities for families, and training for govern-
ment officials and labor inspectors on child labor issues.832 The government has requested the
assistance of the ILO and UNICEF to implement the plan.833 The Government of Egypt has been a
member of ILO-IPEC since 1996, and is implementing various ILO-IPEC initiatives, including
direct action to prevent and rehabilitate child laborers in tanneries, pottery kilns, and other hazard-
ous industries.834 Other ILO-IPEC efforts involve public awareness raising against child labor and
capacity-building, including a project with the Ministry of Manpower and Migration (MOMM)
and the Arab Labor Organization to train and educate inspectors in the Child Labor Unit.835 In
addition, the ILO in Cairo plans to implement a rapid assessment survey that will provide updated
estimates on the number of working children in Egypt.836
The National Council for Children and Motherhood, under the guidance of First Lady
Suzanne Mubarak, is also coordinating a national plan for the protection of mothers and children,
and working with various research institutions to study and propose specific programs to eliminate
child labor.837 UNICEF has been working in urban slums and other impoverished regions of rural
Egypt since 1993, implementing micro-credit projects that provide small loans to women under the
condition that they ensure that their children attend classes.838 USAID and the Alexandria Cotton
Exporters Association are collaborating to raise awareness about child labor.839
832
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under
Article 44 of the Convention: Periodic Reports of States Parties Due in 1997, Addendum, Egypt, CRC/C/
65/Add. 9, November 11, 1999 [hereinafter Periodic Reports of States Parties], para. 220.
833
Ibid. at para. 213.
834
Sule Caglar, ILO-IPEC official, electronic correspondence to USDOL official, January 7, 2002
[hereinafter Cagler correspondence].
835
U.S. Embassy—Cairo, unclassified telegram no. 6469, October 2001 [hereinafter unclassified telegram
6469]. See also Cagler correspondence.
836
SIMPOC Target and Implementation Schedule 1998-2003 at http://www.ilo.org/public/english/
standards/ipec/simpoc/countries.htm on 11/26/01.
837
The National Council is focusing in particular on the areas of social welfare, health, education, and
social protection. The Council includes active participation by the Ministers of Social Affairs, Health,
Culture, Education, Manpower and Vocational Training, Planning, and Information; the chairman of the
High Council for Youth and Sports; and the First Lady. See Periodic Reports of States Parties at para.
215. See also Country Reports on Human Rights Practices for 2000—Egypt (Washington, D.C.: U.S.
Department of State, 2000) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/
rls/hrrpt/2000/nea/index.cfm?docid’784.
838
Egypt: Combating Child Labour Through Microcredit, UNICEF, Family Development Fund Project,
Cairo, 1996, at creegypt.htm” http://www.unicef.org/credit/ creegypt.htm on 08/01/01.
839
Child Labor Coalition notes, March 14, 2001, Washington, D.C.
122
In 1996, the Ministry of Education established the Mubarak Program for Social Coopera-
tion to offset school fees and indirect costs of schooling and promote school attendance.840 The
Ministry of Education has been encouraging working children and school dropouts in rural areas to
attend school by increasing the number of schools being built.841 The location of these new school
buildings are within walking distance of many of the community homes, and an increase in the
number of female teachers adds incentive for girls to continue their schooling. In addition, the
Ministry of Education provides a meal to children during the school day as an additional incentive
to attend classes.842 USAID has initiated a Girls’ Education Program to build over 800 new
classrooms and boost school attendance for girls. USAID has also implemented a New Schools
Program that targets girls aged 6 to 14 who have never enrolled or have dropped out of school.843
In some northern communities of program operation, girls’ enrollment has increased from 30
percent to 70 percent, and attendance rates have remained consistently high (between 95 and 100
percent).844
In 1998, the Egypt Labor Market Survey estimated that 6 percent of children between the
ages of 6 and 14 years in Egypt were working.845 An estimated 78 percent of working children are
840
School grants are provided through the Ministry of Social Affairs to school children whose families
earn less than 100 Egyptian pounds (USD 21.70) per month. During 1996-1997, about 169,000 children
received grants, either in-kind or cash, to cover the costs of school uniforms, books, supplies, and school
fees. The average annual grant per child was equal to USD 4.17. Grants fall short of the estimated costs of
sending children to school, where average primary school fees range from 11.35 to 15.85 pounds (USD
2.50 to 3.40), and the Ministry of Education estimates that the average annual cost paid by poor families
for primary school education amounts to 348 pounds (USD 75.45) per child. See Nadia Ramsis Farah,
Child Labour in Egypt Within the Context of the Committee on the Rights of the Child (Cairo: Cairo
Center for Development Studies/UNICEF, June 1997) [hereinafter Ramsis Farah, Child Labour in Egypt],
27. Currency conversion at http://www.carosta.de/frames/convert.htm on 1/29/02.
841
Hussein Kamel Bahaa El-Din, Minister of Education, interview by USDOL official, May 12, 1998.
842
Ibid.
843
U.S. Department of State official, U.S. Embassy—Cairo, interview by Sudha Haley, USDOL official,
December 2001 [hereinafter U.S. Embassy—Cairo interview].
844
Kristin Moehlmann, “Girl-Friendly Schools Improve Egypt’s Report Card,” UNICEF [hereinafter
Moehlmann, “Girl-Friendly Schools”], at http://www.unicef.org/information/mdg/mdg07.htm on 11/26/
01. See also “UNICEF Global Girls’ Education Programme: Country Highlights” at http://
www.unicef.org/efa/girlsed.htm#Egypt, on 11/26/01.
845
This figure accounts for children who are working only (3 percent), as well as working and studying (3
percent). See Egypt Labour Market Survey 1998, as found on Understanding Children’s Work Project at
http://www.ucw-project.org/cgi-bin/ucw/Survey/ on 11/20/01. According to the ILO, in 1999 an estimated
10 percent of children between ages 10 and 14 were working, a total of 23,687,000. See World Develop-
ment Indicators for 2001—Egypt (Washington, D.C.: World Bank, 2001) [hereinafter World Development
Indicators 2001] [CD-ROM]. See also Nassar F., Economic Aspects of Children’s Vulnerability in Egypt
(Cairo: UNICEF, 1995), as cited in Philip L. Graitcer and Leonard B. Lerer, The Impact of Child Labor on
Health: Report of a Field Investigation in Egypt, July 2000 [hereinafter Graitcer and Lerer, Investigation
123
in the agricultural sector,846 in which over one million children between the ages of 7 and 12 are
hired each year to work in agricultural cooperatives.847 Children work in the carpet and textile
industries, as apprentices in auto repair, craft shops, construction, brick making, and in tanneries.848
Many children, especially daughters from poor families, work as domestic servants in the homes of
other families,849 and in urban areas, street children sell items or resort to begging to meet their
basic needs.850 Government studies reveal that the concentration of working children is higher in
rural than in urban areas.851
The Education Law No. 139 (1981) calls for compulsory primary education through the
eighth grade and requires children to attend school until they reach the age of 15.852 Egypt’s
Constitution also establishes compulsory primary school education and mandates that education
should be free for all children.853 The government, however, imposes school fees as high as 15.85
in Egypt], 33. Other sources suggest that the number of working children in Egypt reached 1.5 million in
1999, making up 9 percent of the country’s total labor force. Estimates from some nongovernmental
organizations also indicate that up to 1.5 million children are working throughout the country. See Al-Wafd
Newspaper, issue no. 3807, 1999, as quoted in Children—Laborers of the Stone Crashers in Egypt, report
prepared for Land Center for Human Rights, The Series of Reports on the Economic and Social Rights,
Issue No. 13, March 2000, 5. See also Country Reports on Human Rights Practices for 2000—Egypt
(Washington, D.C.: U.S. Department of State, 2000) [hereinafter Country Reports 2000], Section 6d, at
http://www.state.gov/g/drl/rls/hrrpt/2000/nea/index.cfm?docid’784.
846
Country Reports 2000 at Section 6d.
847
In November 1999, the Ministry of Social Affairs reported that 1 million children worked in this sector.
These children perform seasonal work for 11 hours per day, 7 days a week, and are exposed to heat and
pesticides and suffer from abuse by foremen. According to an agricultural engineer assigned to a coopera-
tive, children are hired because they are cheaper and more obedient, and are the appropriate height to
inspect cotton plants. See Human Rights Watch, Underage and Unprotected: Child Labor in Egypt’s
Cotton Fields, vol. 13, no. 1 (E) (New York, January 2001) [hereinafter Underage and Unprotected], 2.
See also Country Reports 2000 at Section 6d and Anthony Shadid, “Year After Tragic Deaths, Egypt’s
Young Return to Cotton Fields,” Associated Press, September 24, 1998, as cited in USDOL, By the Sweat
and Toil of Children, Vol. V: Efforts to Eliminate Child Labor (Washington, D.C., 1998) [hereinafter Sweat
and Toil of Children], 18.
848
Bjorne Grimsrud and Liv Jorunn Stokke, Child Labour in Africa: Poverty or Institutional Failures?
The Cases of Egypt and Zimbabwe, Fafo Institute for Applied Social Science, report no. 233, 1997
[hereinafter Grimsrud and Jorunn Stokke, Child Labour in Africa], 35. See also Country Reports 2000 at
Section 6d.
849
Country Reports 2000 at Section 6d.
850
“About ten million street children in Arab world,” News-in-Brief, Child Labor News Service, at http://
www.globalmarch.org/clns/clns-15-06-2001.htm.
851
While the number of working children is similar among boys and girls in rural areas, boys account for
approximately 70 percent of working children in urban areas. See Country Reports 2000 at Section 6d.
According to a survey in urban Cairo, most girls work in clothing or textile manufacturing, while most
boys work as mechanics or in the retail or service sector jobs. See Graitcer and Lerer, Investigation in
Egypt, at 34, 51.
852
Law No. 12 for 1996: Child Law, Article 59 [on file].
853
Constitution of Egypt, Articles 18, 20, at http:www.newafrica.com/egypt/
constitution.asp#Part%20Three on 11/21/01. See also Ramsis Farah, Child Labour in Egypt, at 27.
124
pounds (USD 3.40) for primary education.854 In 1997, the gross primary enrollment rate was 101.1
percent, and in 1996, the net primary enrollment rate was 93 percent.855 Cultural and social tradi-
tions, as well as work in the domestic service sector, contribute to significantly lower school
enrollment rates for girls.856 In 1996, primary school attendance was 88.3 percent.857 However, as
many as 37 percent of Egyptian children do not complete a basic education.858
The Child Law of 1996 establishes 14 years as the minimum age for employment.859
Nonetheless, the Child Law allows for provincial governors, with the consent of the Ministry of
Education, to permit seasonal agricultural work for children between the ages of 12 and 14,
provided that it is not hazardous and does not interfere with a child’s education.860 In April 2001,
however, the government issued a decree making it illegal to employ children below the age of 14
in cotton fields.861 The Child Law also prohibits children from working for over six hours a day or
more than four consecutive hours, at night, or during overtime hours.862 Forced labor is prohibited
by the Constitution.863 In 1997, the MOMM issued two decrees restricting the employment of
youths in hazardous work.864 In addition, the Suppression of Prostitution Act No. 10 criminalizes
prostitution; the Penal Code, which has penalties for the abduction of children, can be used to
prosecute trafficking.865
854
Ramsis Farah, Child Labour in Egypt, at 27. Currency conversion at http://www.carosta.de/frames/
convert.htm on 1/29/02.
855
World Development Indicators for 2001.
856
Girls working in domestic service are often deprived of an education. See Grimsrud and Stokke,
Child Labour in Africa, at 32. See also Moehlmann, “Girl-Friendly Schools.”
857
USAID, Global Education Database 2000, Washington, D.C. [CD-ROM], at http://www.usaid.gov/
educ_training/ged.html.
858
Mona El Baradei, The Impact of Structural Adjustment and Stabilisation Policies on Educational
Health in Egypt (1994), as cited in Grimsrud and Jorunn Stokke, Child Labour in Africa, 29
859
U.S. Embassy—Cairo, unclassified telegram no. 6469, October 2001 [hereinafter unclassified
telegram 6469]. See also Underage and Unprotected at 8.
860
Periodic Reports of States Parties. See also Underage and Unprotected at 8.
861
Unclassified telegram 6469.
862
Ibid. See also Country Reports 2000 at Section 6d.
863
Constitution of Egypt, Article 13, at http://www.newafrica.com/egypt/constitution.asp#Part%20Three
on 11/21/01.
864
According to these decrees, children under age 15 are prohibited from work involving furnaces or
ovens in bakeries, freezing and refrigeration units, fertilizers, acids, or chemicals; work in cement
factories, petroleum and distillation labs, or pressurized gas industries; cotton bailing; work involving
bleaching, dyeing, and textile printing; or jobs requiring heavy lifting. Children under age 17 are prohib-
ited from employment in a number of areas, including mining, smelting metals, working with explosives,
welding, tanneries, fertilizer industries, or butchering animals. See unclassified telegram 6469.
865
Periodic Reports of States Parties at para. 229. See also unclassified telegram 6469 and Country
Reports 2000 at Section 6f.
125
The MOMM and the Ministry of Interior (MOI) are responsible for labor inspections.866
The MOMM maintains approximately 2,000 inspectors who are charged with investigating safety,
health, and age violations.867 In 2000, the MOMM issued Decree No. 117 which established a
specialized Child Labor Unit within the Juvenile Department.868 In 2001, the Child Labor Unit
carried out a raid that removed 112 children from work in 17 workshops.869 In addition, in 1999,
the government investigated two reported cases of child labor violations, involving 34 children.870
Local trade unions have reported that the MOMM adequately enforces child labor laws in state-
owned enterprises but there has been much criticism that the MOMM has not enforced the restric-
tions in the informal sector.871
Egypt ratified ILO Convention 138 on June 9, 1999, and ratified ILO Convention 182 on
May 6, 2002.872
866
The Ministry of Manpower and Migration (MOMM) and the Ministry of Interior (MOI) are currently
enacting a protocol for interministerial coordination of child labor enforcement and inspection. See U.S.
Embassy—Cairo interview.
867
Inspectors work out of 450 different MOMM offices in Egypt’s 26 governorships. See unclassified
telegram 6469.
868
Unclassified telegram 6469.
869
The government has provided a package of services to the children removed from work and their
families. The assistance includes financial donations, literacy programs, health care, transportation
compensation, and loans for income-generating projects. See U.S. Embassy—Cairo interview
870
The MOMM raided 16 electrical workshops in Cairo and discovered 30 children between ages 6 and
12 working. In the second case, authorities found four children working in a Cairo restaurant. See Country
Reports 2000 at Section 6d.
871
Article 74 of the Child Law calls for the owners of establishments where working children are found to
pay a fine of between USD 27 and 133 per illegal child worker. Fines are doubled in the case of repeat
offenders. In addition, parents and employers can be fined USD 59 to 147 or imprisoned for up to 1 month
for forcing their children to work and not allowing them to go to school. See Country Reports 2000 at
Section 6d. See also Sallama Shaker, Deputy Assistant Minister for North American Affairs, Ministry of
Foreign Affairs, interview by USDOL officials, May 9, 1999, as cited in Sweat and Toil of Children at 45.
872
ILOLEX database: Egypt at http://www.ilolex.ilo.ch/ at 11/21/01. See also U.S. Embassy—Cairo
interview. The Government of Egypt ratified ILO Convention 182 on April 16, 2002, but as of report
publication, the government had not yet submitted the legal instruments of ratification to the ILO. See
U.S. Embassy-Cairo, unclassified telegram no. 3864, April 23, 2002.
NOTE: Hard copies of all Web citations are on file.
126
El Salvador
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of El Salvador has been a member of ILO-IPEC since 1996. In June
2001, El Salvador became one of the first countries to initiate a comprehensive, national Time-
Bound Program to eliminate the worst forms of child labor. The program focuses on eliminating
exploitative child labor in fireworks, fishing, sugar cane production, the commercial sex industry,
and in garbage dumps scavenging.873 The government has collaborated with ILO-IPEC on five
projects funded by USDOL. These projects seek to gather statistical information on children
engaged in economic activities and withdraw child workers from mangrove clam harvesting,
coffee harvesting and the cottage production of fireworks.874 A National Committee for Child
Labor Eradication, under the auspices of the Ministry of Labor and Social Security, provides
leadership and guidance to the ILO-IPEC program.875 Thus far, a child labor module designed by
ILO-IPEC’s SIMPOC has been included in the government’s Multiple Purpose Household Survey
of 2001 and ILO-IPEC is conducting assessments in the sectors where the worst forms of child
labor is a particular problem. 876
The Ministry of Education is working with other ministries in the implementation of the
education component of the ILO-IPEC Time-Bound Program and has developed an Education for
All plan to increase access to primary education, improve the quality and results of learning, and
expand basic education services and training in essential skills for youth.877
In 1999, the ILO estimated that 12.3 percent of children between the ages of 10 and 14 in
El Salvador were working.878 About two-thirds of working children are located in rural areas and
873
IPEC, Combating the Worst Forms of Child Labor in El Salvador–Supporting the Time-Bound Pro-
gram for the Elimination of the Worst Forms of Child Labor in El Salvador, project document (Geneva)
[hereinafter Combating the Worst Forms of Child Labor].
874
IPEC project documents: Combating Child Labor in the Fireworks Industry in El Salvador (Geneva,
2000), Combating Child Labor in the Coffee Industry of Central America (Geneva, 1999), and Combating
Child Labor in Shellfish Harvesting in El Salvador (Geneva, 1999).
875
Embassy of El Salvador, written submission by El Salvador on eliminating child labor , October 25,
2001, in response to International Child Labor Program Federal Register notice of September 25, 2001,
pp. 6-7.
876
ILO-IPEC, IPEC Country Profile: El Salvador (Geneva) [hereinafter IPEC Country Profile], pp. 2, 5.
877
UNESCO, Education for All Assessment 2000: El Salvador, at http://www2.unesco.org/wef/
countryreports/el_salvador/rapport_1.html. See also Combating the Worst Forms of Child Labor.
878
According to the ILO, 357,780 children were working. ILO, Yearbook of Labor Statistics—2000
(Geneva, 2000).
127
are involved in agricultural and related activities.879 Children often accompany their parents to
work in commercial agriculture, particularly during coffee and sugar harvests.880 Orphans and
children from poor families work as street vendors and general laborers in small businesses,
primarily in the informal sector.881 Children also work in fishing (small-scale family or private
businesses), firework manufacturing, charcoal production, shellfish harvesting, drug trafficking
and garbage scavenging.882
There is evidence that some children, especially girls, engage in prostitution. El Salvador
is both a source and a destination country for girls trafficked for commercial sexual exploitation.883
Children who live on the streets are trafficked to other countries, such as Guatemala, and forced
into prostitution.884 Children from Honduras have also been used as beggars to support traffickers
in San Salvador.885
Education is compulsory through the ninth grade or up to 14 years of age and public
education is free through high school.886 In 1997, the gross primary enrollment rate was 97.3
percent, and in 1995, the net primary enrollment rate was 78.1 percent.887 Many students in rural
areas do not reach the ninth grade due to a lack of resources and the fact that many parents with-
draw their children from school by the sixth grade so that they can work.888
879
IPEC Country Profile.
880
U.S. Embassy–El Salvador, unclassified telegram no. 5508, February 1998 [hereinafter unclassified
telegram 5508]. See also U.S. Embassy–El Salvador, unclassified telegram no. 2066, June 2000 [hereinaf-
ter unclassified telegram 2066], and IPEC Country Profile
881
Country Reports on Human Rights Practices for 2000–El Salvador (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/wha/index.cfm?docid’768.
882
Unclassified telegrams 5508 and 2066. See also IPEC Country Profile.
883
Country Reports 2000 at Sections 5 and 6d.
884
Swedish International Development Agency, Looking Back Thinking Forward: The Fourth Report on
the Implementation of the Agenda for Action Adopted at the First World Congress Against Commercial
Sexual Exploitation of Children in Stockholm, Sweden, August 28, 1996, for 1999-2000 (Stockholm),
Section 4.1. p.48. See also Country Reports 2000 at Section 5.
885
Country Reports 2000 at Section 6f.
886
Ibid. at Section 5.
887
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
888
Country Reports 2000 at Section 5.
128
Child Labor Laws and Enforcement
The Labor Code sets the minimum age for employment at 14 years.889 Children between
the ages of 12 and 14 may perform light work, as long as it does not harm their health and develop-
ment or interfere with their education.890 Children who are 14 years or older may receive permis-
sion from the Ministry of Labor to work, but only when it is necessary for the survival of the child
or the child’s family.891 Children under the age of 18 are prohibited from working in hazardous or
morally dangerous conditions.892 Forced or compulsory labor is prohibited by the Constitution.893
Laws do not specifically prohibit trafficking in persons, but stipulate that any crime
involving commerce in women or children automatically carries a 30 percent increase in the prison
sentence or fine.894 The Constitution makes military service compulsory between the ages of 18
and 30 years, but voluntary service can occur beginning at age 16.895 El Salvador’s Penal Code
does not criminalize prostitution.896 However, the Code provides for penalties of two to four years
in prison for the inducement, facilitation, or promotion of prostitution, and the penalty increases if
the victim is less than 18 years old.897 The Penal Code also prohibits sexual relations with persons
less than 16 years of age, regardless of the child’s consent.898 In June 1999, the Legislative Assem-
bly approved a new provision to the Criminal Code that mandates a six to eight year prison sen-
tence for individuals convicted of sexual aggression against minors.899
The Ministry of Labor is responsible for enforcing child labor laws.900 Limited resources
and the difficulty of monitoring in the informal sector limit the effectiveness of the Ministry of
Labor in enforcing labor laws outside of the urban formal sector.901 El Salvador ratified ILO
Convention 138 on January 23, 1996 and ILO Convention 182 on October 12, 2000.902
889
Country Reports 2000 at Section 6d.
890
Código de Trabajo at Article 114.
891
U.S. Embassy–San Salvador, unclassified telegram no. 3283, October 2001. [hereinafter unclassified
telegram no. 3283].See also Country Reports 2000 at Section 6d.
892
Unclassified telegram 3283. See also Country Reports 2000 at Sections 6d, 6e.
893
Country Reports 2000 at Section 6c.
894
Country Reports 2000 at Section 6f.
895
Country Reports 2000 at Section 6f. See also Military Service and Armed Forces Reserve Act, Articles
2 and 6, and 1983 Constitution, Article 215, as cited in Coalition to Stop the Use of Child Soldiers, Global
Report 2000: El Salvador (London, May 2001).
896
U.S. Embassy–El Salvador, unclassified telegram no. 2731, August 2000.
897
Ibid.
898
Ibid.
899
Country Reports 2000 at Section 5.
900
Ibid. at Section 6d.
901
Country Reports 2000 at Section 6d.
902
ILOLEX Database: El Salvador at http://www.ilolex.ilo.ch.
NOTE: Hard copies of all Web citations are on file.
129
Equatorial Guinea
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In May 2000, the Government of Equatorial Guinea requested assistance from the ILO
regional office to improve the country’s adherence to international labor standards, including those
related to child labor.903 The country also has government-sponsored and private programs to
provide education for vulnerable children.904
In 1999, the ILO estimated that 32 percent of children between the ages of 10 and 14 in
Equatorial Guinea were working.905 Children primarily work in the informal sector, on family
farms, and in street vending.906 There is evidence that some children engage in prostitution,
particularly in urban areas.907
Education is free and compulsory until the age of 14.908 In 1993, the gross primary enroll-
ment rate was 149.7 percent, and the net primary enrollment rate was 83.4 percent.909 Late entry
into the school system and high dropout rates are common, and girls are more likely than boys to
drop out of school.910
903
The ILO Representative has reported that progress is being made in cooperation with the Ministry of
Labor. See U.S. Embassy–Yaounde, unclassified telegram no. 3123, July 2000 [hereinafter unclassified
telegram 3123].
904
Unclassified telegram 3123.
905
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
906
Country Reports on Human Rights Practices for 2000—Equatorial Guinea (Washington, D.C.: U.S.
Department of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/
rls/hrrpt/2000/af/index.cfm?docid’777.
907
UN Commission on Human Rights, Question of the Violation of Human Rights and Fundamental
Freedoms in Any Part of the World: Report on the Human Rights Situation in the Republic of Equatorial
Guinea Submitted by Mr. Alejandro Artucio, Special Rapporteur of the Commission, Pursuant to Commis-
sion Resolution 1998/71, 1999/41, E/CN.4/1999/41 (Geneva, 1999). See also “Child Labour Increasing in
Equatorial Guinea,” November 21, 2000, at http://www.afrol.com/News/eqg023_child_labour.htm, and
“Prostitution Booms in Equatorial Guinea As Education Sector Folds Up,” October 12, 2000, at
http:www.afrol.com/News/eqg013_prostitution.htm on 10/4/01.
908
According to the State Department, this measure is not enforced. See Country Reports 2000 at Section
5. See also Republic of Equatorial Guinea, “Quick Facts,” at http://www.orgitecture.com/guinea/informa-
tion1387/information.htm on 1/10/01.
909
World Development Indicators 2001.
910
The higher dropout rate for girls is attributable in part to early pregnancies. In 1999, only a small
percentage of Equatorial Guinea’s budget was earmarked for education (1.8 percent). See UN Commis-
sion on Human Rights, Question of the Violation of Human Rights and Fundamental Freedoms in Any
Part of the World: Report on the Human Rights Situation in the Republic of Equatorial Guinea Submitted
130
Child Labor Law and Enforcement
The minimum age for employment is set at 14 years, but children as young as 13 can work
in light jobs on the condition that these do not affect their health, growth, or school attendance. In
addition, children who are 12 years old may work in agriculture or craft making.911 Children under
16 years are prohibited from work that might harm their health, safety or morals.912 Forced or
bonded labor by children is prohibited.913 The Ministry of Labor corps of 50 national labor inspec-
tors enforces labor laws.914 Equatorial Guinea ratified ILO Convention 138 on June 12, 1985 and
ILO Convention 182 on August 13, 2001.915
by the Special Representative of the Commission, Mr. Gustavo Gallon, Pursuant to Commission Resolu-
tion 2000/19, E/CN.4/2001/38 (Geneva, 1999).
911
For a 12-year-old to work, professional organizations of workers and authorities within the Ministry of
Labor must be consulted in advance. These regulations are found in unspecified government labor laws.
See unclassified telegram 3123.
912
Unclassified telegram 3123.
913
Country Reports 2000 at Section 6c.
914
Unclassified telegram 3123.
915
ILOLEX database: Equatorial Guinea at http://ilolex.ilo.ch:1567/english/ on 10/4/01.
NOTE: Hard copies of all Web citations are on file.
131
Eritrea
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Ministry of Labor and Human Welfare (MOLHW) is working in cooperation with
UNICEF to implement community sensitization activities on children’s rights.916 UNICEF is also
promoting access to education in war-affected areas by providing learning materials to displaced
children, establishing makeshift classrooms, and training teachers.917 The government is in the
process of evaluating the quality of primary education, although the country’s weak national
economy and lack of institutions and expertise limit reform efforts.918 From 1993 to 1997, govern-
ment expenditure on education as a percentage of the gross national product increased from 2.1
percent to 4 percent.919
In 1999, the ILO estimated that 38.6 percent of children between the ages of 10 and 14 in
Eritrea were working.920 Children work as street vendors, in domestic services, in small-scale
manufacturing, and on family farms.921
Children as young as 12 years of age are reportedly involved in prostitution on the streets
of Massawa and Asmara, as well as in hotels and bars.922 A 1999 MOLHW survey on commercial
sex workers revealed that 5 percent of prostitutes surveyed in Eritrea were between the ages of 14
and 17 years.923 In addition, children fight as soldiers with the Eritrean People’s Liberation Front.
Insufficient birth registrations make it difficult to verify the ages of recruited soldiers.924
916
“Prevention,” ECPAT International Database: Eritrea, at http://www.ecpat.net/eng/Ecpat_inter/projects/
monitoring/online_database/ on 11/28/01.
917
UNICEF, Donor Update: Eritrea, September 5, 2001 [hereinafter Donor Update].
918
UNESCO, The Education for All (EFA) Assessment: Country Reports—Eritrea [hereinafter EFA 2000
Assessment].
919
Ibid.
920
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001].
921
Country Reports on Human Rights Practices for 2000—Eritrea (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/782.htm.
922
“Eritrea: Sex case with military prosecutor’s office,” IRIN news.org, at http://www.irinnews.org/
Report, on 11/28/01
923
“Child Prostitution,” ECPAT International Database: Eritrea, at http://www.ecpat.net/eng/Ecpat_inter/
projects/monitoring/online_database/ on 11/28/01.
924
Children as young as age 14 were reportedly used as Eritrean troop reinforcements to counter a May
2000 attack by Ethiopia. At the 1999 African Conference to Stop the Use of Child Soldiers, the Ethiopian
Government also circulated a list of Eritrean prisoners of war between ages 15 and 18. Prior to the border
conflict in recent years, hundreds of children were used as soldiers (“Red Flags”) during the 30-year war
132
Education is free and compulsory from the ages of 7 to 13, or through grade seven.925 In
1996, the gross primary enrollment rate was 53.4 percent, with 58.7 percent of boys enrolled,
compared to 48.1 percent of girls. The net primary enrollment rate was 30.4 percent.926 The
Ministry of Education estimates that only 37 to 38 percent of children attend school.927 In rural
areas, girls often leave school early to work at home.928
The Transitional Labor Law No. 8/91 sets the minimum age for employment at 18 years,
but allows for the employment of apprentices starting at the age of 14 years.929 The 1996 Constitu-
tion prohibits forced labor, but the National Service Proclamation obligates that all citizens com-
plete compulsory service in the national armed forces.930 The National Service Proclamation sets
the minimum age for military service at 18 years and requires 18 months of duty.931 The Penal
Code prohibits the procurement, seduction, or trafficking of children under the age of 18, and also
bans sexual relations with children under 18 years old.932
Labor inspectors in the MOLHW enforce child labor laws, but inspections are infrequent
due to the small number of inspectors.933 Eritrea ratified ILO Convention 138 on February 22,
2000, and has not ratified ILO Convention 182.934
for independence. See Coalition to End the Use of Child Soldiers, Global Report 2001: Eritrea [hereinaf-
ter Global Report 2001]. See also “Ethiopia-Eritrea: End to Use of Child Soldiers Urged,” UN OCHA
Integrated Regional Information Network for Central and Eastern Africa, July 11, 2000.
925
Country Reports 2000 at Section 5. See also Youth at the United Nations, Country Profiles on the
Situation of Youth: Eritrea, at http://www.esa.un.org/socdev/unyin/countrya.asp?countrycode’er on 11/28/
01, and EFA 2000 Assessment.
926
The net primary enrollment rate was 28.8 percent for girls and 32 percent for boys. See World Develop-
ment Indicators 2001.
927
Country Reports 2000 at Section 5.
928
ILOLEX database: Eritrea at http://www.ilolex.ilo.ch on 11/27/01.
929
Transitional Labour Law No. 8/91, Articles 2, 27, 30, 32, as cited in Veronica Rentmeesters, Informa-
tion Officer, Embassy of Eritrea, letter to ICLP official, August 23, 1996.
930
Constitution of Eritrea, 1996, Articles 16(3), 25, at http://www.uni-wuerzburg.de/law/er00000_.html
on 11/27/01.
931
National Service Proclamation No. 82/95, October 23, 1995, Articles 8, 9, as cited in Global Report
2001.
932
Committing indecent acts with a child under age 15 is a criminal offense punishable by 5 years of
imprisonment. Sexual acts with children between ages 15 and 18 are also prohibited, although the penalty
is less severe. See “Protection,” ECPAT International Database: Eritrea [hereinafter “Protection,” ECPAT
Database], at http://www.ecpat.net/eng/Ecpat_inter/projects/monitoring/online_database/ on 11/28/01.
933
Laws on commercial sexual exploitation are also reported to be poorly enforced and inadequate. See
Country Reports 2000 at Section 6d and “Protection,” ECPAT Database.
934
ILOLEX database: Eritrea at http://www.ilolex.ilo.ch on 11/27/01.
NOTE: Hard copies of all Web citations are on file.
133
Estonia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Statistics on the number of working children under the age of 15 in Estonia are unavail-
able. In some instances, children peddle goods and beg on the streets.936 There are also reports that
children engage in prostitution, and women and girls are trafficked to Western Europe, the United
States, and Asia.937
The Basic Schools and Upper Secondary Schools Act makes education compulsory for
children between the ages of 7 and 17, and basic education is free.938 In 1996, the gross primary
enrollment rate was 94 percent, and in 1995, the net primary enrollment rate was 86.6 percent.939
The Employment Contract Act sets the minimum age for employment at 18 years, al-
though children 15 to 17 years old may work with the consent of a parent or guardian, and children
935
European Commission Stop-Project, Building up a Network for Monitoring, Analyzing and Combating
Trafficking in Women and Children [hereinafter Building up a Network], at http://www.stakes.fi/
sexviolence/stop/ on 10/9/01.
936
Country Reports on Human Rights Practices for 2000—Estonia (Washington, D.C.: U.S. Department
of State, 2001), Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/eur/index.cfm?docid’745.
937
Building up a Network. See also The Protection Project Database at http://www.protectionproject.org
and Helena Karlen and Christina Hagner, Commercial Sexual Exploitation of Children in Some Eastern
European Countries, a study for ECPAT International, March 1996, 5. Statistics on the scope of the child
sexual exploitation and trafficking problems are not widely available. A 1995 End Child Prostitution,
Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT), study suggested that there
were up to 4,000 prostitutes in Estonia, 20 to 30 percent of who were minors. See Women Aid Interna-
tional, Trafficking: Europe and North America, at http://www.womenaid.org/press/info/traffick/
traffic6.html on 10/9/01.
938
Basic Schools and Upper Secondary Schools Act of 1993, Article 17(1), at http://www.riga.lv/minelres/
NationalLegislation/Estonia/Estonia_BasicSchools_English.htm1 on 10/9/01. See also Summary Sheets
on Education Systems in Europe: Estonia, Education Information Network in Europe, July 2001, at http://
www.eurydice.org/Documents/Fiches_nationales/files/ESTONIA_EN.pdf on 1/10/01.
939
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
134
13 to 15 years old may work with the consent of a parent or guardian and a labor inspector.940
Children under 18 years may not perform hazardous or dangerous work.941 The Working and Rest
Time Act limits the hours that children under 18 years old can work and prohibits overtime or
night work.942 There are no laws that specifically criminalize the trafficking of children, but
offenses may be prosecuted under existing prostitution legislation. The Criminal Code prohibits the
solicitation of juveniles for prostitution.943 The Constitution prohibits forced or bonded labor,
except military or alternative service, work required in times of natural disasters or catastrophes, or
when fulfilling a court sentence.944
The Occupational Health and Safety Act delegates enforcement responsibilities for labor
laws to the Labor Inspector Service.945 The Government of Estonia has not ratified ILO Conven-
tion 138, but ratified ILO Convention 182 on September 24, 2001.946
940
These allowances are made only if the work will not endanger the health, morality, or education of the
minor. See Republic of Estonia Employment Contract Act of 1992, Article 2 (1,2) [hereinafter Employ-
ment Contract Act], at http://legaltext.ee/en/andmebaas/ava.asp?m’0221 on 10/9/01.
941
Hazardous or dangerous work includes “heavy work, work which poses a health hazard or has
dangerous working conditions, underground work, or work which endangers the morality of minors.” A
complete list of work that is prohibited for minors was determined by the government in regulation no.
214 of July 22, 1992. The following work is prohibited: work involving slaughter or destruction and
processing of live animals and birds; work related to exploiting and promoting sex, violence, and
gambling; and work where a minor is in contact with alcohol, narcotic, toxic, and psychotropic sub-
stances. However, the Employment Contract Act does not extend to work on family farms or family
enterprises. See Employment Contract Act at Article 36. See also ILO, Review of Annual Reports: The
Effective Abolition of Child Labor, Estonia, GB.277/3/2 (Geneva, March 2000) [hereinafter Effective
Abolition of Child Labor], 272. See also Secretary Miko Haljas, Embassy of Estonia, letter to Maureen
Jaffe, USDOL official, November 26, 2001.
942
Working and Rest Time Act of January 24, 2001, Articles 8, 11, 20, 22, 27, at www.legaltext.ee/en/
andmebaas/ava.asp?m’0221on 10/9/01.
943
Building up a Network.
944
Constitution of Estonia (1992), Article 29, at http://www.uni-wuerzburg.de/law/en00000_.html on 10/
9/01.
945
Violations are provided for in the Criminal Code, para. 135. Occupational Health and Safety Act of
June 16, 1999, as cited in Effective Abolition of Child Labor at 272. Generally, child labor laws are
respected, and no cases of violations have been submitted to the courts. See U.S. Embassy–Tallinn,
unclassified telegram no. 2353, September 2000.
946
ILOLEX database: Estonia at http://ilolex.ilo.ch:1567/english/ on 10/9/01.
NOTE: Hard copies of all Web citations are on file.
135
Ethiopia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Ethiopia participates in a Child Labor Forum initiated by the ILO
regional office in Addis Ababa to combat the worst forms of child labor by creating an umbrella
organization comprised of government ministries, UN agencies, trade unions and employer
organizations, embassies, and NGOs.947 The Ministry of Labor and Social Affairs (MOLSA) is
working with the Ethiopian Central Statistical Authority and ILO-IPEC’s SIMPOC to conduct a
national household survey on child labor.948 The Ethiopian Government aims to provide universal
primary education by the year 2020. It has adopted an Educational Sector Development Program to
construct new schools, to increase the availability of textbooks in local languages, to train addi-
tional teachers, and to expand vocational training. The government built 303 new schools in
1999.949
In 1999, the ILO estimated that 53.7 percent of children between the ages of 10 and 14 in
Ethiopia were working.950 In urban areas, children work as domestic workers, street peddlers, as
employees in private enterprises,951 and in the agricultural sector on state-owned farms.952 Children
work on commercial cotton, sugarcane, coffee, and tea farms.953 In rural areas, children work on
family farms. Household chores may require long hours and excessive physical exertion, and
interfere with school, particularly in the case of girls.954 Children are also shipped to Saudi Arabia
947
U.S. Embassy–Addis Ababa, unclassified telegram no. 1343, April 2000 [hereinafter unclassified
telegram 1343].
948
Dr. Abdulaki Hasen, General Manager of the Ethiopian Central Statistical Authority, interview by
USDOL official, August 9, 2000. Results from the survey will be available in 2002. See ILO-IPEC
electronic correspondence to USDOL official, October 15, 2001.
949
U.S. Embassy–Addis Ababa, unclassified telegram no. 1965, June 2000.
950
According to the ILO, 3,878,213 million children are working. See ILO, Yearbook of Labour Statistics
for 2000 (Geneva, 2000).
951
Children working as domestic servants, most of whom are girls, are often victims of physical, emo-
tional, and sexual abuse, including rape. See ILO/EAMAT, A Study on Child Labour in an Urban District
of Addis Ababa, working paper on child labour no. 2 (Addis Ababa, 2000), 3, 6. Street children are
reported to live in urban areas and, in particular, Addis Ababa. Some of these children beg or work in the
informal sector in order to survive. See also Country Reports on Human Rights Practices for 2000—
Ethiopia (Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section
5, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’789.
952
For example, on the Bebeka Coffee Farm, an estimated 490 children ranging from ages 7 to 16 were
found to be working on the farm. See ILO/EAMAT, A Study on Child Labour in Rural Ethiopia, working
paper no. 1 (Addis Ababa, 1999) [hereinafter Child Labour in Rural Ethiopia], 4-10. See also Country
Reports 2000 and Carol Cox, Third Secretary, Political Section and Girma Abebe, Foreign Service
National, U.S. Embassy, interview by USDOL official, August 7, 2000.
136
and elsewhere in the Middle East to work as house servants or nannies.955 One of the most visible
worst forms of child labor is prostitution. Girls as young as 11 years old are recruited by the
commercial sex industry to work in brothels, bars, and hotels. 956 Recruitment of children into the
armed forces occurred in 1999, before the border conflict with Eritrea. There is no evidence that
underage recruitment by the government is continuing.957 Children as young as 11 to 14 years of
age reportedly join local militias.958
Primary education is compulsory and free in Ethiopia; however, there are not enough
schools to accommodate all students.959 Most schools are located in urban districts, so children
living in rural areas of Ethiopia do not have the same educational opportunities available to
them.960 In 1996, the gross primary enrollment rate was 42.9 percent, and the net primary enroll-
ment rate was 32 percent.961
Ethiopia’s Labor Proclamation sets the minimum age for employment at 14 years.962
Under the Proclamation, employers are forbidden to employ young workers when the nature of the
job or the conditions under which it is carried out may endanger the life or health of the children.
953
Children working on commercial farms are often exposed to environmental toxins that can be detri-
mental to their health, especially on cotton farms. The cotton farms are located in the kolla zone, where
children tend to be at a higher risk for malaria, yellow fever, and snakebites. See Child Labour in Rural
Ethiopia at 3-10.
954
Embassy of Ethiopia, Brief Report on Efforts Made by Ethiopia to Eliminate the Worst Forms of Child
Labour, October 2001 [hereinafter Efforts Made to Eliminate the Worst Forms of Child Labour], 3.
955
Country Reports 2000 at Sections 5, 6c, 6f. See also Education International, El Barometer on Human
and Trade Union Rights in the Education Sector (Brussels, Belgium, 1998), 46.
956
Unclassified telegram 1343. Underground child sex trade and sex tourism in Ethiopia are reportedly on
the rise and are more organized than once believed. Children’s involvement in the commercial sex trade
occurs mainly in resort towns and truck stops in Addis Ababa. Children in the sex industry are at great risk
for contracting sexually transmitted diseases, particularly HIV infection, but are reportedly kept unaware
of this risk. See Country Reports 2000 at Section 5.
957
Country Reports 2000 at Section 5. See also Coalition to Stop the Use of Child Soldiers, Global Report
2000: Ethiopia [hereinafter Global Report 2000], at http://www.child-soldiers.org on 11/14/01.
958
Country Reports 2000 at Section 5. The Ministry of Defense does not permit individuals under age 18
to enlist in the military, but the policy is difficult to enforce, since an estimated 95 percent of Ethiopians
have no birth certificates. See Seife Tadelle, President of Ethiopian Youth League, interview by USDOL
official, August 8, 2000. See also Global Report 2000.
959
U.S. Embassy–Addis Ababa, unclassified telegram no. 3394, November 2001.
960
Child Labour in Rural Ethiopia at 1.
961
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
137
Some prohibited activities defined in the proclamation are transporting goods by air, land, or sea;
working with electric power generation plants; and performing underground work (e.g., quarrying
in mines).963 Children between 14 and 18 years are prohibited from working over seven hours per
day; overtime; between the hours of 10 p.m. and 6 a.m.; during weekly rest days; and on public
holidays.964 Ethiopia’s Penal Code includes provisions specifically prohibiting child trafficking,
child prostitution, and bonded child labor.965 The Constitution (Article 36) also stipulates that
children are not to be subjected to hazardous work or exploitative practices.966 Enforcement of
labor laws regarding children is reportedly weak, due in large part to an insufficient number of
labor inspectors. Currently, about 50 labor inspectors in MOLSA enforce all the country’s labor
laws in the formal sector, and the government maintains child labor is not a problem in the formal
economy. 967
The Government of Ethiopia ratified ILO Convention 138 on May 27, 1999, and has not
ratified ILO Convention 182. 968
962
Negarit Gazeta, Proclamation No. 42/1993, Part Six, Chapter 2, Article 89 (Addis Ababa, Ethiopia:
Negarit Gazeta of the Transitional Government of Ethiopia) [hereinafter Proclamation No. 42/1993], 295.
963
Ibid.
964
Proclamation No. 42/1993, Part Six, Chapter 2, Articles 90, 91, at 295.
965
The trafficking of women and children is punishable by imprisonment of up to 5 years, with fines up to
10,000 birr (USD 1,244). See Tilahun Teshome, Dean of the Faculty of Law, Addis Ababa University,
interview by USDOL official, August 10, 2000. Currency conversion at http://www.carosta.de/frames/
convert.htm on 1/30/02.
966
Efforts Made to Eliminate the Worst Forms of Child Labour at 3.
967
Getaneh Mitiku, Head of Ethiopian Department of Labor, Ministry of Labor and Social Affairs,
interview by USDOL official, August 7, 2000.
968
ILOLEX database: Ethiopia at http://ilolex.ilo.ch:1567/english.
NOTE: Hard copies of all Web citations are on file.
138
Fiji
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Fiji has not ratified ILO Conventions No. 138 or 182, but has ratified
the U.N. Convention on the Rights of the Child. Before the May 19, 2000, armed civilian take-
over of Parliament, the government was considering ratifying Convention No. 182, but final
action has been placed on hold. The Fiji Law Reform Commission has authored an Employment
Act containing provisions for child labor, minimum ages for employment, and proscriptions
against hazardous work, but the draft legislation has not been tabled for action due to a govern-
ment coup in May 2000.969 As part of Australia’s plan of action against Sexual Exploitation of
Children, the Government of Fiji signed an MOU with the Australian Government for joint action
to combat child sexual abuse, including cooperative law enforcement mechanisms.970 The Minis-
try of Education is working with Save the Children Fund to compile data on school enrollment,
attendance, completion and dropout rates.971
Statistics on the number of working children under the age of 15 in Fiji are unavailable.
Reports indicate that child labor exists, particularly in the informal sector.972 Children work on
family farms or businesses, as domestic servants, as shoe shiners, or in car repair shops.973
Homeless children also work in the informal sector,974 and the number of street children in Suva
is reported to be growing.975 Children are also lured into the commercial sex industry.976
969
ILOLEX database: Fiji [hereinafter ILOLEX database] at http://ilolex.ilo.ch:1567/english/ on 10/10/01.
970
Australia Department of Family and Community Services, “Australia’s National Plan of Action Against
the Commercial Sexual Exploitation of Children,” 2000, at http://www.focalpointngo.org/DOCS/English/
AustraliaPlanAction.htm on 10/10/01.
971
With funding from the Australian Government, the Save the Children Fund is also working in Fiji to
improve school facilities and increase school accessibility for disadvantaged children. See U.S. Embassy–
Suva, unclassified telegram no. 756, September 2001 [hereinafter unclassified telegram 756].
972
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
973
Unclassified telegram 756.
974
International Confederation of Free Trade Unions, Internationally-Recognized Core Labour Standards
in Fiji: Report for the World Trade Organization General Council Review of the Trade Policies of Fiji,
April 9-10, 1997, at http://www.icftu.org/
displaydocument.asp?Index’990916254&Language’EN&Printout’Yes on 10/13/00.
975
Approximately 200 street children live in Suva. See UN Commission on Human Rights, Rights of the
Child: Report of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornogra-
phy, Ms. Ofelia Calcetas-Santos, Addendum, Report on the Mission of the Special Rapporteur to the
Republic of Fiji on the Issue of Commercial Sexual Exploitation of Children (October 11-16, 1999), E/
CN.4/2000/73/Add.3 (December 27, 1999) [hereinafter Commercial Sexual Exploitation of Children].
139
Primary school education is compulsory for eight years.977 In 1998, the gross primary
enrollment rate was 110.5 percent, and the net primary enrollment rate was 99.4 percent.978 Atten-
dance is decreasing due to security concerns and the burden of school fees, often due to the cost of
transport. Following the government coup in May 2000, more than 5,000 students were reported to
have left school.979
The Employment Act sets the minimum age for employment at 12 years, and establishes
that working children between the ages of 12 and 15 years of age are prohibited from harsh condi-
tions, long hours, and night work.980 The Constitution prohibits forced labor.981 The Penal Code
prohibits the sale or hiring of minors under 16 years of age for prostitution.982 There is no enforce-
ment mechanism written into legislation relating to child labor.983 Fiji ratified ILO Convention 182
on April 17, 2002, but has not ratified ILO Convention 138.984
976
Exploitation of children through both prostitution and pornography occurs both by local and foreign
abusers. See Commercial Sexual Exploitation of Children. See also “CSEC Overview, Fiji,” ECPAT
International Database, at http://www.ecpat.net/eng/Ecpat_inter/projects/monitoring/online_database/ on
10/9/01.
977
Fiji Government, Ministry of Education, “Conclusion—Directions for Change,” at http://
www.fiji.gov.fj/speeches_features/S2000_12/S2000_12_01-02.shtml on 10/10/01.
978
Statistics were taken from UNESCO, The Education for All (EFA) 2000 Assessment: Country Re-
ports—Fiji [hereinafter EFA Assessment] [CD-ROM]. The most recent statistics available from the World
Bank’s World Development Indicators are from 1992. At that time, the gross primary enrollment rate was
128 percent and the net primary attendance rate was 99 percent. See also World Development Indicators
2001.
979
Country Reports on Human Rights Practices for 2000—Fiji (Washington, D.C.: U.S. Department of
State, 2001), Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/eap/index.cfm?docid’699.
980
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under
Article 44 of the Convention, Initial Reports of States Parties Due in 1995, Addendum, Fiji, CRC/C/28/
Add.7 (September 24, 1996) [hereinafter Initial Reports of States Parties].
981
Fiji Constitution (1988), Section 24, at http://uni-wuerzburg.de/law/fj00000_.html on 10/10/01.
982
The Penal Code also prohibits detaining a woman or girl against her will, living on the earnings of
prostitution, and maintaining brothels. See Fiji Islands Penal Code (1978), Articles 157-170, at http://
www.buffalo.edu/law/bclc/resource.htm on 10/17/01. See also Initial Reports of States Parties.
983
There are only two inspectors at the Ministry of Labor and no investigators to follow up on claims or
reports. Inspections are scheduled once a year, although these inspections are not always carried out. The
police department has no mandate to stop child labor practices. See unclassified telegram 756.
984
ILOLEX database.
NOTE: Hard copies of all Web citations are on file.
140
Gabon
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 2000, Gabon and eight other African countries began working with the ILO-IPEC on a
project on combating the trafficking of children in West and Central Africa, funded by the
USDOL.985 The government hosted a regional conference on trafficking in February 2001, created
an inter-ministerial committee to work with UNICEF and the ILO to address the issue, and desig-
nated focal points in each ministry with relevant responsibilities.986 Gabon is also considering
amending its national legislation to deal directly with trafficking, and is developing a plan to
rehabilitate victims of trafficking.987 In November 2001, Gabon, UNICEF and several nongovern-
mental organizations announced a campaign to increase awareness about child labor and child
trafficking.988
In 1999, the ILO estimated that 14.9 percent of children between the ages of 10 and 14 in
Gabon were working.989 Children work on commercial farms, in marketplaces, as street vendors,
child beggars, domestic workers, and in prostitution.990 Children are trafficked into the country from
Benin, Togo, Nigeria, Burkina Faso, and Mali for the purposes of labor and sexual exploitation.991
985
ILO-IPEC, Combating the Trafficking of Children for Labour Exploitation in West and Central Africa
(Phase II), Executive Summary (Geneva).
986
Country Reports on Human Rights Practices for 2000—Gabon (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfm?docid’793.
987
“UNICEF and Partners Against Child Trafficking,” UN Integrated Regional Information Networks,
November 8, 2001 [hereinafter “UNICEF and Partners”], in allAfrica.com, http://allafrica.com/stories/
200111080486.html on 12/5/01.
988
Ibid.
989
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001]. See also Country Reports 2000; Lutte Contre le Trafic des Engants a des
fins d’exploitation du Travail, Synthese du 29 Janvier 2001, Ministre du Travail, de l’Emploi et de la
Formation Progessionnelle, Republique Gabonaise [hereinafter Lutte Contre le Trafic des Engants]; and
International Confederation of Free Trade Unions, Report for the World Trade Organization General
Council Review of Trade Policies of Gabon (Geneva, June 2001) [hereinafter Review of Trade Policies of
Gabon].
990
U.S. Embassy— Libreville, unclassified telegram no. 1540, November 2001 [hereinafter unclassified
telegram 1540]. See also Lutte Contre le Trafic des Engants; “UNICEF and Partners”; and “Robbed of
Youth and Lost to a Bondage Hell,” The Age (Australia), April 17, 2001 [hereinafter “Robbed of Youth”],
at http://www.theage.com.au/news/2001/04/17/FFX9WJX3LLC.html on 12/5/01.
991
“UNICEF and Partners.” See also “Robbed of Youth” and “Descent into Lives of Silent Servitude,”
Sydney Morning Herald [Australia], June 6, 2001.
141
Education is compulsory and free until age 16, but parents must pay for expenses such as
books and school supplies.992 In 1998, the gross primary enrollment rate was 132 percent and the
net primary enrollment rate was 82.6 percent.993 According to the government, over 60 percent of
students drop out before they complete the last year of primary school.994 Problems in the educa-
tion system include poor management, planning and oversight, a shortage of teaching material,
poorly qualified teachers and overcrowded classes.995 Gabon allocates nearly one tenth of the
annual state budget to national education.996
The Labor Code prohibits children below the age of 16 from working without the express
consent of the Ministries of Labor, Education, and Public Health.997 Children between 16 years and
18 years of age are prohibited from working in industries that necessitate continuous work hours,
such as iron, sugar and paper factories. Children under 18 years are prohibited from working at
night, except in family enterprises.998 No laws specifically prohibit trafficking, but traffickers can
be prosecuted under laws that prohibit exploitation, abandonment, and mistreatment of women.999
While the Labor Code is intended to cover all children, in practice it is enforced only in
situations involving Gabonese, not foreign born, children.1000 Gabon has 35 labor investigators but
none are explicitly tasked with investigating violations of the child labor laws.1001 In practice, the
government has neither investigated nor prosecuted cases of trafficking.1002 Gabon has not ratified
ILO Convention 138, but ratified ILO Convention 182 on March 28, 2001.1003
992
Country Reports 2000 at Section 5.
993
UNESCO, Education For All (EFA) 2000 Assessment, (Paris, 2000) [CD-ROM].
994
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under
Article 44 of the Convention, Initial Reports of States Parties Due in 1996, Addendum, Gabon CRC/C/41/
Add. 10 (June 21, 2000) [hereinafter Initial Reports of States Parties], paras. 214, 218.
995
In Libreville, classes average over 100 students in size, and rural area classes average about 40
students. Many rural schools are poorly built and lack furniture and educational material. Sixteen percent
of school children have only one teacher for all six primary years, and some schools have no teacher at all.
See Initial Reports of States Parties at para. 217/8.
996
Initial Reports of States Parties at para. 213, p. 42.
997
Country Reports 2000 at Section 6d.
998
Unclassified telegram 1540.
999
U.S. Department of State, Trafficking in Persons Report for 2001: Gabon (Washington, D.C., 2001)
[hereinafter Trafficking in Persons Report], at http://www.state.gov/g/inl/rls/tiprpt/2001/.
1000
Country Reports 2000 at Section 6c.
1001
U.S. Embassy— Libreville, unclassified telegram no. 1365, July 2000.
1002
Trafficking in Persons Report.
1003
ILO, Table of Ratifications of Fundamental ILO Conventions, at http://www.ilo.org/public/french/
standards/norm/sources/rats_pri.htm.
NOTE: Hard copies of all Web citations are on file.
142
The Gambia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1988, the Government of The Gambia began a major education initiative which
included a 15-year plan that has emphasized increasing gross enrollment rates, lowering school
entry age from 8 to 7, developing basic education curricula, and improving teacher training.1004
Many of these goals have been met. The gross primary enrollment rate increased from 62.2 to
77.1 percent from 1989 to 1995; the entry age was lowered to seven years; more textbooks were
made available for students; and 1,200 unqualified teachers in the system received training.1005
The major goal The Gambia has set for itself for the remainder of the plan is to enroll 90 percent
of children in schools for the full cycle of basic education by 2005.1006 Over the 1990s, spending
on education increased from 15 to 21 percent of government expenditure and 2.6 percent to 4.3
percent of GNP, while the share of the education budget devoted to primary education increased
from 38 percent to 45 percent.1007
In 1999, the ILO estimated that 34.5 percent of the children between the ages of 10 and
14 in The Gambia were working.1008 Children in rural areas help their families on farms and with
housework, and children in urban areas often work as street vendors and taxi and bus assis-
tants.1009 Some children become involved in prostitution, which is engendered by The Gambia’s
thriving tourist industry.1010 Many girls in rural areas leave school to work, and some migrate to
urban areas seeking domestic or other employment.1011 According to a press report, The Gambia
1004
World Bank, Project Appraisal Document on a Proposed Credit in the Amount of SDR 15.0 Million to
the Republic of the Gambia for a Third Education Sector Project in Support of the First Phase of the
Third Education Sector Program, August 7, 1998, 17903-GM [hereinafter World Bank Project Appraisal].
See also World Development Indicators 2001 and The World Bank, Education and Health in Sub-Saharan
Africa: A Review of Sector-Wide Approaches, Annex 7, “The Gambia Education Case Study” [hereinafter
“The Gambia Education Case Study”], January 2001.
1005
World Bank Project Appraisal and World Development Indicators 2001 (Washington, D.C.: World
Bank, 2001) [hereinafter World Development Indicators 2001] [CD-ROM].
1006
“The Gambia Education Case Study.”
1007
Ibid.
1008
World Development Indicators 2001.
1009
Country Reports on Human Rights Practices for 2000—The Gambia (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/af/index.cfm?docid’799.
1010
Two brothels in Banjul, the capital of the Gambia, reportedly keep young girls to serve foreign tourists.
See UNICEF, Country Profile: UNICEF in The Gambia, Programme Cycle: 1999-2003 [hereinafter
Country Profile], at http://www.un.gm/unicef/profile.html on 11/28/01. See also Country Reports 2000 at
Section 6d and Saihou Mballow, “Sex Trafficking in Gambia, West Africa,” ECPAT News, March 2000
[hereinafter Mballow, “Sex Trafficking”], at http://www.dreamwater.net/ecpatusa/enews1.html on 11/28/01.
1011
Country Profile.
143
is also a destination for children trafficked from West and Central African countries, some of
whom are purchased for as little as USD 10 in Benin, Togo, Mali, Niger and Nigeria.1012
The Constitution mandates free and compulsory primary education, but a lack of resources
and educational infrastructure has made implementation difficult.1013 In 1995, the gross primary
enrollment rate was 77.1 percent and the net primary enrollment rate was 64.7 percent.1014 School
fees long prevented many children from attending school, but in February 1998 the President of The
Gambia ordered the termination of fees for the first six years of schooling.1015 Girls make up about
40 percent of primary school students, though the figure is much lower in rural areas where cultural
factors and poverty prevent parents from sending girls to school.1016 Approximately 20 percent of
school-age children attend Koranic schools, which usually have a restricted curriculum.1017
The Gambia’s minimum age for employment is set at 18 years.1018 All employers must file
labor cards that list employees’ ages with the Labor Commissioner, but few inspections are
conducted.1019 The Gambia has arrested and deported child traffickers, although the practice
continues.1020 The Gambia ratified both ILO Convention 138 on September 4, 2000 and ILO
Convention 182 on July 3, 2001.1021
1012
Matthias Muindi, “West Africa: The Bitter Taste of Chocolate: Child Labour in Cote d’Ivoire and
Ghana,” AfricaNews, July 2001, at http://www.globalmarch.org/child-trafficking/news-articles/
thebittertasteofchocolate.htm on 11/28/01.
1013
Information on the length of compulsory education in the Gambia is not available. See Country
Reports 2000 at Section 5.
1014
World Development Indicators 2001. According to United Kingdom statistics, in 1999/2000 the gross
enrollment rate for primary school was 72 percent and for girls was 47 percent. See United Kingdom,
Department for International Development, The Gambia: The Gambian ICT Distance Education
Programme, at http://www.imfundo.org/projects/gambia.htm on 11/28/01.
1015
Country Reports 2000 at Section 5
1016
Ibid.
1017
Country Profile.
1018
Country Reports 2000 at Section 6d.
1019
Ibid.
1020
For example, one English tourist was arrested and extradited for having sex with girls ages 8 to 18 in
the Gambia. See Mballow, “Sex Trafficking.” Several Nigerians trafficking women into Gambia were
expelled in November 2001. See “Banjul Deports Three Foreigners Over Girl Trafficking,” This Day
(Lagos), November 8, 2001.
1021
ILO, International Labour Standards: Gambia, at http://ilolex.ilo.ch:1567/english/iloquery.htm on 11/
27/01.
NOTE: Hard copies of all Web citations are on file.
144
Georgia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Georgia is conducting a national child labor survey with technical
assistance from ILO-IPEC’s SIMPOC.1022 The UNDP is also working to strengthen the capacity of
the State Department of Statistics, in order to conduct a national child labor survey, as a part of a
national Poverty Reduction and Social-Economic Development Program.1023 In addition, the
Ministry of Education joined with UNESCO in 1999 to implement the Education For All initiative
to improve the country’s educational system. With its limited budget, the Ministry’s efforts aim to
improve existing institutions, support teacher training, and establish new curricula and education
standards.1024 The World Bank recently provided Georgia with a loan to work toward several of
these objectives in the education sector.1025 Save the Children-US is also collaborating with local
NGOs to promote children’s rights, and specifically to assist street children who do not have
access to education.1026
In 1999, UNICEF estimated that 30 percent of children between the ages of 5 and 15 years
in Georgia were working.1027 There is limited information on the specific sectors in which children
work. However, there are reports of children as young as nine working on the streets of Tbilisi,1028
in markets and sometimes at night, carrying or loading wares.1029 Children as young as 5 years of
1022
ILO-IPEC, Child Labor Statistics: SIMPOC Countries, at http://www.ilo.org/public/english/standards/
ipec/simpoc/countries.htm on 1/29/02.
1023
“Project Summary: Child Labor Survey Module in Georgia,” UNDP in Georgia, at http://
www.undp.org.ge/programme/ongoing/laborchild.pdf on 10/15/01.
1024
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports—Georgia, at http://
www2.unesco.org/wef/countryreports/georgia/contents.html on 10/15/01.
1025
“Education System Realignment and Strengthening Credit Project,” World Bank Group, at http://
www.worldbank.org/sprojects/Project.asp?pid’P055173 on 12/11/01.
1026
“Child Rights Promotion and Advocacy/Children in Crisis in Georgia,” Assistance Georgia, at http://
www.assistancegeorgia.org.ge on 12/11/01 [document on file].
1027
The Multiple Indicator Cluster Survey (MICS) study defines “currently working” to include children
who were performing any paid or unpaid work for someone other than a member of the household, who
performed more than 4 hours of housekeeping chores in the household, or who performed other family
work during the period cited. See MICS 2: Understanding Children’s Work at http://www.ucw-project.org/
resources/index.html on 12/11/01. See also MICS, 1999: Republic of Georgia, State Department of
Statistics, National Center for Disease Control, UNICEF (Tbilisi, 2000), table 37, at http://
www.childinfo.org/MICS2/Gj99306k.htm on 12/11/01.
1028
Georgia NGO Convention on the Rights of the Child Coordinative Council, Implementation of the
Convention on Children’s Rights in Georgia: A Report of Non-Governmental Organizations [hereinafter
Implementation of the Convention on Children’s Rights] (Tbilisi, December 1999).
1029
Implementation of the Convention on Children’s Rights at 26. See also “Irregular Migration and
Trafficking in Migrants– the Case of Georgia,” Trafficking in Migrants, no. 22 (autumn 2000).
145
age work as beggars.1030 Other reports indicate that children from Turkey and Greece are trafficked
to Georgia for the purpose of prostitution.1031 Homeless and street children are often vulnerable to
sexual exploitation.1032
Education in Georgia is free of charge and compulsory from the age of 6 or 7 until 16
years.1033 In 1996, the gross primary enrollment rate was 88.2 percent, and the net primary enroll-
ment rate was 87 percent.1034 Although the Constitution mandates that education is “free,” related
expenses that include books prevent some children from attending.1035
The law sets the minimum age for employment at 16 years. Children who are 15 years old,
however, may work in jobs that are not dangerous to their health or development, in some jobs in
the performing arts, or with special permission from the local trade union.1036 In general, children
under 18 years of age may not be hired for unhealthy or underground work, and children between
the ages of 16 and 18 years have reduced working hours.1037 The Criminal Code prohibits keeping
brothels, procuring women for prostitution, lewd conduct involving minors, and sexual relations
with a person under 16. Although there are no laws that specifically address trafficking, related
offenses can be prosecuted under the Criminal Code.1038 Georgia ratified ILO Convention 138 on
September 23, 1996, but has not ratified ILO Convention 182.1039
1030
Implementation of the Convention on Children’s Rights.
1031
Trafficking arrangements through Georgia and into Turkey may be facilitated by the visa-free
arrangement between the two countries. See Country Reports on Human Rights Practices 2000—
Georgia (Washington, D.C.: U.S. Department of State, 2000) [hereinafter Country Reports 2000],
Section 6f. See also Dr. Louise I. Shelley statement at Hearing on Sex Trade: Trafficking of Women
and Children in Europe and the United States, before the Commission on Security and Cooperation
in Europe (Helsinki Commission), June 28, 1999.
1032
Implementation of the Convention on Children’s Rights at 27.
1033
The Constitution guarantees free primary education for all citizens and states that primary
education is mandatory for all. See Constitution of Georgia [hereinafter Constitution of Georgia],
Article 35, at http://www.parliament.ge/GOVERNANCE/parl/L_A/S_P/CONSTITUTION/
consen.html on 10/12/01. See also UN Committee on the Rights of the Child, Consideration of
Reports Submitted by States Parties Under Article 44 of the Convention, Initial Reports of States
Parties Due in 1996, Addendum, Georgia, CRC/C/41/Add. 4, May 26, 1997 [hereinafter Initial
Reports of States Parties].
1034
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
1035
Constitution of Georgia at Article 35 and Country Reports 2000 at Section 5.
1036
Initial Reports of States Parties.
1037
Ibid.
1038
These offenses are punishable by a prison sentence of up to 3 years. See Republic of Georgia
Criminal Code, Chapter 12, Articles 118, 119, 133, 230 as cited in The Protection Project Database.
See also Initial Reports of States Parties and Country Reports 2000 at Section 5.
1039
ILOLEX database: Georgia at http://www.ilolex.ilo.ch on 12/11/01.
NOTE: Hard copies of all Web citations are on file.
146
Ghana
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the USDOL funded a national program on the prevention and elimination of child
labor in Ghana, and the Government of Ghana has been a member of ILO-IPEC since 2000.1040
The Government of Ghana is in the process of formulating a national policy and plan of action to
combat child labor with a focus on the worst forms of child labor.1041 Ghana also participates in a
nine-country ILO-IPEC regional project in West and Central Africa, funded by the USDOL. It is
designed to prevent and halt the practice of trafficking children and rehabilitate victims of traffick-
ing.1042 The Ghana Statistical Service is also conducting a national survey on child labor with
funding from USDOL and technical assistance from the ILO-IPEC’s SIMPOC.1043
In 1996, Ghana initiated its Free Compulsory and Universal Basic Education (FCUBE)
program to serve as the focal point for all domestic and internationally funded initiatives to im-
prove basic education.1044 The goals of the FCUBE are to improve the quality of teaching and
learning, access to basic education facilities, and management efficiency.1045 The enrollment,
retention and provision of various educational services to girls is specially emphasized.1046 Interna-
tional donors are assisting Ghana to construct new classroom facilities, conduct school feeding
programs, provide training to teachers and educational administrators, and help families defray the
cost of children’s school fees and other expenses.1047 To attract teachers to rural areas and supple-
ment low salaries, the government has offered accelerated promotions and incentives such as
1040
ILO-IPEC, National Program on the Elimination of Child Labor in Ghana, project document
(Geneva, 1999) [on-file].
1041
ILO-IPEC, Summary of Individual Country Programs—National Program on the Elimination of Child
Labor in Ghana, August 1999 [hereinafter Summary of Individual Country Programs], 7.
1042
ILO-IPEC, Combating the Trafficking of Children for Labor Exploitation in West and Central Africa
(Phase II), Country Annex: Ghana [hereinafter Combating the Trafficking of Children (Phase II)], 6.
1043
The survey is currently in the data processing stage. See USDOL-Funded ILO-IPEC Projects/Pro-
grams, Technical Progress Report: Statistical Programme for Advocacy on the Elimination of Child
Labour and the Protection of Working Children in Ghana, no. 4 (November 2001). See also Summary of
Individual Country Programs.
1044
Harry Sawyerr, “Successful African Experiences: Country-Led Coordination of Aid in Ghana,”
Association for the Development of Education in Africa Newsletter, vol. 9, no. 3, at http://
www.adeanet.org/newsletter/Vol9No3/ghana-eng.html on 12/11/01.
1045
Ghana, Ministry of Education, “Implementation,” The Ghana Education Website [hereinafter “Imple-
mentation”], at http://www.ghana.edu.gh/present/implementation.html on 12/11/01.
1046
“Implementation.”
1047
Plan International, World Vision, and the European Union have helped with the provision of class-
room facilities. See Emmanuel Acquaye, Director of Basic Education, Ghana Education Service, interview
by USDOL official, August 1, 2000 [hereinafter Acquaye interview], and U.S. Embassy–Accra, unclassi-
fied telegram no. 3474, June 2000 [hereinafter unclassified telegram 3474].
147
bicycles to teachers willing to work in rural areas.1048 Ghana has also initiated a Needy Child Fund
that helps up to fifty children in each of Ghana’s 110 districts qualify for help with basic school
needs, and programs on girls’ education.1049
In 1999, the ILO estimated that 12.3 percent of children between the ages of 10 and 14 in
Ghana were working.1050 Deteriorating economic conditions have led to an increase in the number
of children who earn a living for themselves or supplement family income.1051 The majority of
working children are unpaid family workers, involved in family farms and family enterprises.1052
Children as young as 7 years old work as porters, domestic servants, street vendors, rock breakers
in quarries, farmers, in small-scale mines and in various jobs in the fishing industry.1053 Increased
migration to urban areas, particularly Accra, has led to an increase in the numbers of street and
working children in urban areas.1054
Some girls who migrate from rural areas to urban centers serve as kayayoos—self-em-
ployed girl porters who carry goods on their heads for petty traders.1055 Some kayayoos reportedly
1048
Acquaye interview.
1049
The government has allocated two million cedis (approximately USD 276) to each District for this
program. See Acquaye interview and Country Reports 2000 at Section 5. Currency conversion at http://
www.carosta.de/frames/convert.htm on 2/7/02.
1050
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM]. In 1997, the Core Welfare Indicators Survey estimated that 9.2
percent of children between ages 6 and 14 in Ghana were working. See Ghana, Core Welfare Indicators
Survey, 1997, as found in Understanding Children’s Work, at http://www.ucw-project.org/cgi-bin/ucw/
Survey/ on 12/5/01.
1051
The Ghana National Commission on Children, The First Decade of the Ghana National Commission
on Children (1979-1989) (Accra, 1990).
1052
Sudharshan Canagarajah and Harold Coulombe, Child Labor and Schooling in Ghana, background
paper for World Bank Economic and Sector Work (Washington D.C., 1997) [hereinafter Canagarajan and
Coulombe, Child Labor and Schooling], 10.
1053
Country Reports on Human Rights Practices for 2000—Ghana (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/index.cfm?docid’803.
1054
In August 2000, Ghana’s Ministry of Employment and Social Welfare reported that 18,000 children
were working in Accra and 800,000 were working nationwide. Seventy percent of these working children
are estimated to receive no schooling, while 21 percent complete only their primary education. See
Margaret Sackey, Executive Director, Ghana National Children’s Commission, interview by DOL official,
August 4, 2000 [hereinafter Sackey interview]. See also Country Reports 2000.
1055
Seema Agarwal et al., “Bearing the Weight: The Kayayoo—Ghana’s Working Girl Child” (Legon:
Centre for Social Policy Studies, University of Ghana, May 1997), 1.
148
practice prostitution to add to their earnings.1056 Ghana is also a source and a destination for
trafficked children,1057 many of whom are girls between the ages of 10 to 15 years.1058
Under FCUBE, the government is striving to provide nine years of free and compulsory
education to all children by 2005. Currently, school expenses amount to about 35,000 cedis a year
(USD 6.77).1059 In 1997, the gross primary attendance rate was 72 percent.1060 Schools in rural
areas are often inadequate due to a shortage of teachers.1061 School taxes and associated costs, such
as books and uniforms, make education costly and preclude some children from attending
school.1062
The Children’s Act sets the minimum age for general employment at 15 years, although 13
years is the minimum age for light work, defined as work that is not harmful to the health or
development of a child and does not affect the child’s attendance at school. 1063 The Children’s Act
1056
Nana Araba Apt and Ebenezer Q. Blavo, “Street Children and AIDS” (Legon: Centre for Social Policy
Studies, University of Ghana, May 1997), 9.
1057
Country Reports 2000 at Section 6f.
1058
African Centre for Human Development, Ghana Country Study: Combating the Trafficking in Chil-
dren for Labour Exploitation in West and Central Africa (Accra, April 2000), 6. Cross-border trafficking
and abduction have been reported between Ghana and Togo, Benin, Burkina Faso, Côte d’Ivoire, and
Nigeria, where both boys and girls are lured into prostitution or hard labor. See Combating the Trafficking
of Children (Phase II).
1059
Acquaye interview. See also unclassified telegram 3474.
1060
Net enrollment statistics for Ghana are unavailable. See Sudharshan Canagarajab and XiaoYe, Public
Health and Education Spending in Ghana in 1992-98, Issues of Equity and Efficiency, policy research
working paper 2579, The World Bank, Country Director Groups, Ghana Country Department and Africa
Technical Families, Macroeconomics 1, April 2001.
1061
Teachers’ salaries are considered inadequate, and it is difficult to attract teachers to rural areas. See
Acquaye interview.
1062
Acquaye interview and Canagarajan and Coulombe, Child Labor and Schooling, at 11.
1063
Government of Ghana, Act 560, The Children’s Act, 1998, Part V, Employment of Children, Sub-Part
I, Child Labour.
149
prohibits children under 18 years from engaging in hazardous labor, including work in mines and
quarries, manufacturing industries, at sea, where machines are used, in bars, and in any job that
necessitates carrying heavy loads.1064 Children may serve as apprentices at the age of 15 years, so
long as their employers provide a safe and healthy work environment.1065 Ghana’s Constitution
prohibits slavery and forced or bonded labor.1066
Inspectors from the Ministry of Labor and Social Welfare inspect worksites annually and
make spot checks when violations are alleged.1067 Although trafficking is a problem, no laws
specifically address trafficking.1068 The Government of Ghana has not ratified ILO Convention
138, but ratified ILO Convention 182 on June 13, 2000.1069
1064
Ibid.
1065
Violation of any sub-part pertaining to child labor of the Children’s Act may result in a fine not to
exceed 10 million cedis (USD 1,420) or to imprisonment for a term not to exceed 2 years or both.
See Country Reports 2000 at Section 6d. Currency conversion at http://www.carosta.de/frames/
convert.htm on 1/29/02.
1066
Country Reports 2000 at Section 6c.
1067
Ibid. at Section 6d.
1068
Ibid. at Section 6f.
1069
ILOLEX database: Ghana at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 11/27/01.
NOTE: Hard copies of all Web citations are on file.
150
Grenada
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Grenada has indicated a desire to determine the extent of poverty in
Grenada and possible solutions to this problem.1070 In 1990, under the auspices of the WFP, the
government began a school meals program throughout the nation’s pre-primary and primary
schools, a textbook program, and a program to upgrade some of the country’s pre-schools. Under
the school meal program, children pay a minimal fee to their school for a daily meal. The textbook
program helps children from low-income families obtain the necessary tools to enhance their
educational opportunities.1071
Statistics on the number of working children under the age of 15 in Grenada are unavail-
able. Child labor is reportedly not a significant problem in Grenada, although some children help
with the periodic harvesting of family spice or banana fields.1072
Education is free and compulsory in Grenada between the ages of 6 and 14 years.1073 In
1998, the gross primary enrollment rate was 125.5 percent, while the net primary enrollment rate
was 97.5 percent.1074 Despite the high enrollment rate, poverty, poor school facilities, and the
periodic need to help with family farm harvests have resulted in approximately a 7 percent absen-
teeism rate among primary school children.1075
1070
Grenada’s GDP is one of the lowest per capita in the region. See U.S. Embassy–Bridgetown, unclassi-
fied telegram no. 1126, June 2000 [hereinafter unclassified telegram 1126].
1071
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties
Under Article 44 of the Convention: Initial Reports of States Parties Due in 1992, Addendum, Grenada,
CRC/C/3/Add. 55, [hereinafter Initial Reports of States Parties], p. 5, para. 24, at http://www.hri.ca/
fortherecord2000/documentation/tbodies/crc-c-3-add55.htm on 11/5/01.
1072
Unclassified telegram 1126.
1073
Initial Reports of States Parties, p. 6, para. 31.
1074
An explanation for the high net primary enrollment rate in 1991 was unavailable. See UNESCO,
Education for All: Year 2000 Assessment [CD-ROM].
1075
Unclassified telegram 1126.
1076
Employment of Women, Young Persons and Children Act, 1999, Article 32, p. 132 [copy on file].
151
Child Labor Laws and Enforcement
Under the Employment of Women, Young Persons and Children Act, the minimum age
for employment in Grenada is 16 years.1076 The Constitution prohibits forced labor and slavery.1077
There are no laws that specifically address trafficking in persons and there were no reports that
children were trafficked to, from, within or through the country.1078 The Ministry of Labor enforces
child labor laws in the formal sector through periodic checks.1079 Grenada has not ratified ILO
Convention 138 or ILO Convention 182.1080
1077
The Grenada Constitution Order, 1973, Chapter 1, Section 4, at http://www.georgetown.edu/pdba/
Constitutions/Grenada/gren/73eng.html.
1078
Country Reports on Human Rights Practices for 2000—Grenada (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/hrpt/2000/
wha/index.cfm?docid’757.
1079
Ibid at 6d.
1080
ILO, International Labour Standards and Human Rights Department, at http://webfusion.ilo.org/
public/db/standards/normes/appl-ratif8conv.cfm?Lang’EN.
NOTE: Hard copies of all Web citations are on file.
152
Guatemala
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Guatemala has been a member of ILO-IPEC since 1996.1081 In 2001,
the government implemented the National Plan for the Prevention and Eradication of Child Labor
and the Adolescent Worker.1082 In its 2000-2004 agenda for social programs, the Government of
Guatemala set a goal to reduce the number of child workers by 10 percent by the year 2004. The
Ministry of Labor has also taken steps to establish a national committee to eradicate child labor.1083
The Government of Guatemala is collaborating with ILO-IPEC on several USDOL-funded
projects aimed at combating child labor in the fireworks, stone quarrying, coffee, and broccoli
sectors.1084 Guatemala is also collaborating with ILO-IPEC’s SIMPOC to collect data on child
labor.1085
1081
ILO-IPEC, Progressive Eradication of Child Labor in Gravel Production in Retalhuleu, Guatemala,
summary outline (Geneva, 2001), 1 [hereinafter Child Labor in Gravel Production] [on file].
1082
Ministerio de Trabajo y Previsión Social, Plan Nacional para la Prevención y Erradicación del
Trabajo Infantil y Protección a la Adolescencia Trabajadora, Guatemala, 2001 [hereinafter Plan
Nacional]. See also U.S. Embassy— Guatemala City, unclassified telegram no. 2895, October 2001.
1083
Child Labor in Gravel Production at 2.
1084
See the following ILO-IPEC project documents: Combating Child Labour in the Fireworks Industry
in Guatemala (Geneva, 1999), Child Labor in Gravel Production; Prevention and Elimination of Child
Labour in the Coffee Industry in Guatemala (Geneva, 1999); and Progressive Elimination of Child Labour
in the Broccoli Sector (Geneva, 2001) [on file].
1085
ILO-IPEC, Statistical Information and Monitoring Programme on Child Labor (Geneva, 2001) [on
file].
1086
Plan Nacional at 19.
1087
Nery Macz, Guatamalan Ministry of Education, and Demetrio Cojti, Vice Minister of Education,
interview by USDOL official, August 16, 2000.
1088
Ibid.
153
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 14.6 percent of children between the ages of 10 and 14 in
Guatemala were working.1089 Three out of four working children in Guatemala work in rural areas
and child labor rates are highest in areas with a large indigenous population.1090 Children work on
family farms and helping harvest commercial crops such as coffee and sugarcane.1091 Children are
also employed as domestic servants, shoeshine boys, beggars, street performers, construction
workers, in the fireworks industry, and in quarries where they chip and carry stones to make
gravel.1092
Education is free and compulsory in Guatemala for six years.1094 In 1997, the gross
primary enrollment rate was 88.1 percent and the net primary enrollment rate was 73.5 percent.1095
However, only 30 percent of students who begin primary school in Guatemala complete this level
of education.1096 Children who do not attend school are concentrated in rural areas, and a dispro-
portionate number of them are indigenous.1097
1089
World Development Indicators 2001 (Washington, DC: World Bank, 2001) [hereinafter World Devel-
opment Indicators 2001] [CD-ROM].
1090
Plan Nacional, 5, 6.
1091
Country Reports on Human Rights Practices for 2000—Guatemala (Washington, D.C.: U.S. Depart-
ment of State, 2001 [hereinafter Country Reports 2000]), Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/wha/775.htm.
1092
Between 3,000 and 5,000 children are reportedly employed in the fireworks industry. Ibid. See also
Child Labor in Gravel Production.
1093
UN Commission on Human Rights, Report of the Special Rapporteur on the Sale of Children, Child
Prostitution and Child Pornography, Ms. Ofelia Calcetas-Santo, Addendum, Report on the Mission to
Guatemala, E/CN.4/2000/73/Add. 227 (Geneva, 1998), 47, 107 [on file].
1094
Free and compulsory primary education is restricted to citizens and residents of Guatemala. See UN
Commission on Human Rights, Annual Report the Special Rapporteur on the Right to Education,
Katarina Tomasevski, Submitted in Accordance with Commission on Human Rights Resolution 2000/9, E/
CN.4/2001/52, January 9, 2001 [on file].
1095
World Development Indicators 2001.
1096
Country Reports 2000 at Section 5.
1097
Ibid.
154
Child Labor Laws and Enforcement
The Labor Code sets the minimum age for employment at 14 years.1098 In some excep-
tional cases, the Labor Inspection Agency can provide work permits to children under the age of
14, provided that the work is related to an apprenticeship, is light work of short duration and
intensity, is necessary due to conditions of extreme poverty within the child’s family, and enables
the child to meet compulsory education requirements in some way.1099 Children are prohibited
from working at night, overtime and in places that are unsafe and dangerous.1100 Children may not
work in bars or in other establishments where alcoholic beverages are served.1101
Article 188 of the Penal Code prohibits child pornography and prostitution.1102 Procuring
and inducing a person into prostitution are crimes that can result in either fines or imprisonment,
with heavier penalties if minors are involved.1103 Trafficking in persons is not prohibited, unless
the trafficking involves entry into or departure from the country for the purpose of prostitution.1104
Guatemala ratified ILO Convention 138 on April 27, 1990 and ILO Convention 182 on October
11, 2001.1105
1098
Código de Trabajo de la República de Guatemala (Guatemala City: Ministerio de Trabajo y Prevision
Social, 1996) [hereinafter Código de Trabajo], Article 148, and Article 2, footnote 108. [hard copy on
file].
1099
Ibid. at 44, 51-53.
1100
Between 1995 and 1999, the Ministry of Labor granted only 507 permits to underage workers. See
Código de Trabajo at 44, 51-53, Article 148.
1101
Ibid.: Article 148.
1102
U.S. Embassy— Guatemala City, unclassified telegram no. 2507, August 2000.
1103
Country Reports 2000 at Section 6f.
1104
Ibid.
1105
ILO, Ratifications of ILO Fundamental Conventions, at http://www.ilolex.ilo.ch:1567/english/.
155
Guinea
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that 31.7 percent of children between the ages of 10 and 14
years in Guinea were working.1111 Children begin working beside their parents at a young age,
often at 7 years.1112 The majority of child labor in Guinea takes place in the domestic or informal
sectors, and includes such activities as subsistence farming, petty commerce, family work, fishing,
1106
Government of Guinea, Secteur de L’Education, at “http://www.guinee.gov.gn/6_Politiques/
education.htm” http://www.guinee.gov.gn/6_Politiques/education.htm on 10/11/01. See also UNESCO,
The Education for All (EFA) 2000 Assessment: Country Reports—Guinea, at http://www2.unesco.org/wef/
countryreports/guinea/rapport_1.html on 10/11/01.
1107
U.S. Embassy-Conakry, unclassified telegram no. 2368, July 2001 [hereinafter unclassified telegram
2368].
1108
UNICEF, Donor Update: Guinea, July 27, 2001, at http://www.unicef.org/emerg/Guinea27Jul01.PDF
on 10/11/01.
1109
USAID projects include an effort to boost female enrollment rates and a popular interactive radio
program, among others. See “Education,” USAID-Guinea, at http://www.usaid.gov/gn/education/back-
ground/index.htm on 10/11/01.
1110
Unclassified telegram 2368.
1111
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM]. In 1997, the Ministry of Planning estimated that about 48
percent of children under the age of 15 were employed, accounting for approximately 20 percent of the
total working population and 26 percent of agricultural workers. The Ministry of Planning estimates also
suggested that child labor is much more prevalent in rural than urban areas. The Ministry estimated that in
rural areas, approximately 66 percent of children between ages 7 and 14 and 91 percent between ages 15
and 19 were working. In urban areas, the numbers were approximately 19 percent and 50 percent, respec-
tively. See Country Reports on Human Rights Practices for 2000—Guinea (Washington, D.C.: U.S.
Department of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/
rls/hrrpt/2000/af/index.cfm?docid’806.
1112
Republique de Guinee, Situation Des Enfants et Des Femmes, Programme De Cooperation 2002-2006
(UNICEF-Conakry, November 2000) [hereinafter Programme De Cooperation], 35.
156
and small-scale mining.1113 Children also work in gold, diamond, granite and sand mines and as
apprentices to mechanics, electricians, and plumbers, among others professions.1114
There are no statistical data available on the number of street children in Guinea, although
children work in the streets selling cheap goods for traders, carrying baggage, or shining shoes.1115
Child sexual exploitation occurs and is on the rise. Guinea is reported to be an origin and destina-
tion country for trafficking in persons for prostitution and illegal labor. Children are trafficked
internationally to Senegal. Most victims of trafficking come from Mali and Benin. Internal traffick-
ing occurs from rural to urban areas.1116 Children may also serve in armed conflict, but the reports
cannot be fully corroborated, because the Government of Guinea does not have a reliable birth
registration system and children often do not know their exact ages.1117
Primary education is compulsory for 8 years.1118 In 1997, the gross primary enrollment
rate was 54.4 percent and the net primary enrollment rate was 41.8 percent.1119 Enrollment remains
substantially lower among girls than boys. In 1997, gross female enrollment was 40.7 percent,
compared to 67.7 percent for boys.1120 In 1999, primary school attendance was 40 percent.1121
According to USAID, one girl attends school for every two boys.1122 Children, particularly girls,
1113
U.S. Embassy— Conakry, unclassified telegram no. 1857, March 1998 [hereinafter unclassified
telegram 1857]. See also Programme De Cooperation at 83.
1114
Programme De Cooperation at 84.
1115
Unclassified telegram 2368. See also UN Committee on the Rights of the Child, Consideration of
Reports Submitted by States Parties Under Article 44 of the Convention: Initial Reports Awaited From the
States Parties for 1992, Addendum, Guinea, CRC/C/3/Add. 48, June 17, 1997 [hereinafter Initial Reports
Awaited], para. 117. See also “Trafficking,” ECPAT International Database: Guinea, at http://
www.ecpat.net/eng/Ecpat_inter/projects/monitoring/online_database/index.asp on 12/18/01.
1116
Initial Reports Awaited at para. 131. See also Country Reports 2000 at Section 6f and Programme De
Cooperation at 85. See also unclassified telegram 2368.
1117
Military recruits often do not know their exact age or do not have documentation of their age, which
makes it nearly impossible to monitor the use of children as soldiers. Because members of the armed
forces go into combat if their unit is called, regardless of age, the State Department report notes that
underage soldiers have undoubtedly been used in combatant groups. See U. S. Embassy - Conakry,
unclassified telegram no. 2704, September 2001 [hereinafter unclassified telegram 2704].
1118
Country Reports 2000 at Section 3.
1119
World Development Indicators 2001.
1120
Ibid.
1121
Schooling in Guinea, Findings from the GDHS-II 1999 (Conakry, Guinea: Ministere de
l’Enseignement Pre-Universitaire et de l’Education Civique), January 2001, 17.
1122
“Speaking Up For Girls’ Education,” USAID-Guinea, February 1, 2000, at http://www.usaid.gov/gn/
education/news/girls/index.htm on 10/11/01.
157
are kept out of school in order to assist their parents with domestic work or agriculture.1123 Govern-
ment resources for education are limited, there are not enough school facilities to adequately serve
the population of school-age children, and the availability of school supplies and equipment is
poor.1124
The Labor Code sets the minimum age for employment at 16 years, although children
under the age of 16 can work with the consent of a parent or guardian.1125 Based on the Labor
Code, apprentices may begin to work at 14 years of age, with the provision that workers and
apprentices under the age of 18 are not permitted to work at night or work more than 12 consecu-
tive hours.1126 The Labor Code also prohibits forced or bonded labor and hazardous work by
children under 18 years.1127 The government has acknowledged that the implementation and
enforcement of labor legislation remains weak.1128 Guinea’s Penal Code prohibits trafficking of
persons, as well as the exploitation of vulnerable persons for unpaid or underpaid labor.1129 The
official age for voluntary recruitment or conscription into the armed forces is 18 years, although
insufficient birth registration practices make the law difficult to enforce.1130 Guinea has not ratified
ILO Convention 138 or ILO Convention 182.1131
1123
Programme De Cooperation at 70.
1124
Ibid. at 68.
1125
Code du Travail de la Republique de Guinee (1988) [hereinafter Code du Travail], Article 5
(Republique de Guinee: Ministere des Affaires Sociales et De L’Emploi).
1126
The penalty for an infraction of the law is a fine of 30,000 to 600,000 GFN (USD 16 to 315). See
Code du Travail at Articles 13, 148, 149, 167. Currency conversion at http://www.carosta.de/frames/
convert.htm on 1/29/02.
1127
Section 187 of the Labor Code prohibits hazardous work, defined as any work likely to endanger the
health, safety, or morals of children. The Ministry of Labor determines the exact jobs that are considered
hazardous. Punishment for infractions of the law range from a fine to imprisonment of no more than 2
months. See Code du Travail at Articles 186, 187, 205.
1128
Initial Reports Awaited at para. 119.
1129
The penalty for trafficking is 5 to 10 years of imprisonment, and the penalty for exploitation is 6
months to 5 years of imprisonment and a fine. See unclassified telegram 2368.
1130
Unclassified telegram 2704. See also Coalition to Stop the Use of Child Soldiers, Global Report 2001:
Guinea, at http://www.child-soldiers.org/report2001/global_report_contents.html on 10/17/01.
1131
ILOLEX database: Guinea at http://ilolex.ilo.ch:1567/english/ on 10/11/01.
NOTE: Hard copies of all Web citations are on file.
158
Guinea-Bissau
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Guinea-Bissau has developed a national education plan, which will
improve both access to schools and the quality of education, and which relies upon the work of the
general population, the private sector, and contributions by NGOs.1132 The World Bank is assisting
the government to achieve these goals through a Basic Education Support loan project. The World
Bank Project also has a girls’ schooling component.1133 In addition, UNICEF is working with the
Ministry of Education to operate primary education projects in war-affected areas in order to
rebuild houses and to provide teacher training and classroom supplies.1134
In 1999, UNICEF estimated that 65.4 percent of children between the ages of 5 and 14
years in Guinea-Bissau were working.1135 Children work in street trading, farming, and domestic
labor.1136 Reports also indicate that children as young as 14 years of age fought on both sides of the
civil conflict in 1998 and 1999.1137
1132
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports—Guinea-Bissau, at http://
www2.unesco.org/wef/countryreports/guinea_bissau/contents.html on 10/17/01.
1133
Basic Education Support Project, World Bank Project Data, at http://www.worldbank.org/sprojects/
Project.asp?pid’P001015 on 12/11/01.
1134
In the past, UNICEF also implemented its Global Girls’ Education Program in Guinea-Bissau,
specifically targeting girls’ enrollment, although the country project was recently put on hold. See
UNICEF’s Humanitarian Response. See also UNICEF, Global Girls’ Education Program, Guinea-Bissau,
at http://www.unicefusa.org/girls_ed/global.html#GuineaBissau on 10/17/01.
1135
In a 2000 study, it was estimated that 5.1 percent of children between ages 5 and 14 engage in paid
work; 9.7 percent participate in unpaid work for someone other than a household member; and, overall,
65.4 percent of children are working in some capacity. Children who are working in some capacity
include children who have performed any paid or unpaid work for someone who is not a member of the
household, who have performed more than 4 hours of housekeeping chores in the household, or who have
performed other family work. See Multiple Indicator Cluster Survey (MICS) 2, available at Understanding
Children’s Work, at http://www.ucw-project.org/resources/index.html on 12/11/01. See also UNICEF,
MICS: Guinea-Bissau, December 2000, at http://www.childinfo.org/MICS2/Gj99306k.htm on 12/11/01.
1136
Country Reports on Human Rights Practices for 2000—Guinea-Bissau (Washington, D.C.: U.S.
Department of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/
rls/hrrpt/2000/af/index.cfm?docid’828.
1137
Amnesty International, Annual Report 2000: Guinea-Bissau, at http;www.web.amnesty.org/web/
ar2000web.nsf on 10/16/01.
159
Education is compulsory from the age of 7 to 13.1138 In 1998, the gross primary enroll-
ment rate was 53.5 percent, with higher enrollment ratio for males (67.7 percent) compared to
females (40 percent).1139 Guinea-Bissau is continuing to recover from the civil conflict of 1999,
which displaced one-third of the population, destroyed many schools, and prevented most young
children from attending school for at least half a year.1140
The General Labor Act sets the minimum age for employment at 14 years for factory
work and 18 years for heavy or dangerous labor, including work in mines.1141 The law prohibits
forced labor.1142 Twenty-four months of military service is compulsory for all citizens between
18 and 25 years old.1143 There are no specific laws protecting children from commercial sexual
exploitation.1144 The Ministry of Justice and the Ministry of Civil Service and Labor generally
enforce minimum age laws in the formal sector, but do not enforce these requirements in other
sectors.1145 Guinea-Bissau has not ratified ILO Convention 138 or ILO Convention 182.1146
1138
Youth at the UN, Country Profiles on the Situation of Youth: Guinea-Bissau, at http://esa.un.org/
socdev/unyin/countrya.asp?countrycode’gw on 10/16/01.
1139
Net enrollment statistics on Guinea-Bissau are not available. See UNESCO, Education for All (EFA):
Year 2000 Assessment (Paris, 2000) [hereinafter EFA Assessment] [CD-ROM].
1140
According to the U.S. Department of State, by the end of 1999, most internally displaced persons had
returned to their homes. See UNICEF, UNICEF’s Humanitarian Response to Children, January–Decem-
ber 1999, Guinea-Bissau [hereinafter UNICEF’s Humanitarian Response], at http://www.unicef.org/cap/
gbissau.pdf on 10/16/01. For year of conflict, see also Country Reports 2000 at the Introduction.
1141
Country Reports 2000 at Section 6d.
1142
Ibid. at Section 6c.
1143
There is no information available on the minimum age for voluntary recruitment in Guinea-Bissau.
See Coalition to End the Use of Child Soldiers, Global Report 2001: Guinea-Bissau, at “http://www.child-
soldiers.org/report2001/countries/guinea_bissau.html” http://www.child-soldiers.org/report2001/countries/
guinea_bissau.html on 11/29/01.
1144
The specific law prohibiting forced labor is not named. See “CSEC Overview,” ECPAT International
Database, at http://www.ecpat.net/eng/Ecpat_inter/projects/monitoring/online/database/ on 0/30/01.
1145
Country Reports 2000 at Section 6d.
1146
ILOLEX database: Guinea-Bissau at http://ilolex.ilo.ch:1567/english/ on 10/16/01.
NOTE: Hard copies of all Web citations are on file.
160
Guyana
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Guyana seeks to discourage children from joining the workforce by
offering school welfare subsidies to poor families.1147 The government drafted a five-year
National Educational Plan that includes improving strategies for access to education, and several
government education projects target rural populations.1148 UNICEF is also implementing an
education development program that includes teacher training.1149
Statistics on the number of working children under the age of 15 in Guyana are unavail-
able. However, children work in agriculture (mainly on family farms), domestic service, saw-
mills, street vending, river mining, and textile factories.1150 The prostitution of children also
occurs, particularly in tourist areas.1151
Primary education is free and compulsory for 6 years, beginning at the age of 5 years, 9
1152
months. In 1996, the gross primary enrollment rate was 96.4 percent, and in 1995, the net
primary enrollment rate was 87.3 percent.1153 Attendance rates are slightly lower among rural
populations.1154
1147
Earl Boatswain, Guyana Ministry of Education, interview by USDOL official.
1148
Guyana Human Development Report 1996, UNDP, at http://www.sdnp.org.gy/undp-docs/ghdr/ on 10/
18/01. Projects include the Parent Education Participation Project and the Escuela Nueva Project. The
government also implemented a Primary Education Improvement Project with a loan from the IDB. See
also UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports—Guyana [hereinafter
EFA 2000 Assessment], at http://www2.unesco.org/wef/countryreports/guyana/rapport_2html on 10/18/01.
1149
The Education for Development News Bulletin, November 1999, vol. 10, no. 2, at http://
www.unicef.org/pdeduc/education/pdf/edev_nov99_ccrc_eng.pdf on 10/18/01.
1150
UN Committee on Economic, Social and Cultural Rights, Implementation of the International Cov-
enant on Economic, Social and Cultural rights, Initial Reports Submitted by States Parties Under Articles
16 and 17 of the Covenant, Addendum, Guyana, para 62, E/1990/5/Add. 27, June 7, 1995.
1151
Human Rights Report on the Trafficking of Women and Children: Guyana, The Protection Project
Database [hereinafter Human Rights Report], at http://www.protectionproject.org. See also “CSEC
Overview: Guyana,” ECPAT Database, at http://www.ecpat.net/eng/Ecpat_inter/projects/monitoring/
online_database/index.asp on 10/18/01.
1152
Guyana, National Development Strategy, Vol. 3: The Social Sectors, at http://www.guyana.org/NDS/
NDS.htm on 10/18/01.
1153
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
1154
UNESCO reported that attendance rates in the “hinterland” regions are about 10 to 15 percent lower
than the national average, which is attributable to inaccessibility of schools, particularly during the rainy
season. See EFA 2000 Assessment.
161
Child Labor Laws and Enforcement
The Employment of Young Persons and Children Act of 1999 sets the minimum age for
employment at 15 years. Children under the age of 18 are prohibited from work that could jeopar-
dize their health, safety, or morals.1155 The Constitution prohibits forced labor.1156 While there are
no laws that specifically prevent trafficking in persons or prostitution, the Criminal Code of
Guyana prohibits procuring a female for the purpose of prostitution.1157 The Criminal Law Of-
fenses Act establishes a relatively young age of consent for sexual relations at 13 years.1158 The
Ministry of Labor is responsible for the enforcement of child labor legislation through inspec-
tions.1159 Guyana ratified ILO Convention 138 on April 15, 1998 and ILO Convention 182 on
January 15, 2001.1160
1155
U.S. Embassy— Georgetown, unclassified telegram no. 999, October 2001 [hereinafter unclassified
telegram 999].
1156
Constitution of Guyana (1980), Article 140(2), at http://www.guyanaguide.com/constitution/ on 10/
18/01.
1157
Criminal Code, Article 73, as cited in Human Rights Report.
1158
Criminal Law Offences Act at Chapter 8.01, Section 61, as cited in Interpol, “Sexual Offences Laws:
Guyana,” at http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaGuyana.asp on 10/
18/01.
1159
Unclassified telegram 999.
1160
ILOLEX database: Guyana at http://ilolex.ilo.ch:1567/english/ on 10/18/01.
NOTE: Hard copies of all Web citations are on file.
162
Haiti
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Haiti has been a member of ILO-IPEC since 1999.1161 With funding
from USDOL, ILO-IPEC is coordinating a three-year country program in Haiti for children
working as domestic servants. The government and ILO-IPEC are also planning to collaborate
with NGOs to conduct a national survey on child domestic work.1162 The Ministry of Social Affairs
implements a program called SOS Timoun, under which the Ministry’s Institute of Welfare and
Research (IBESR) works in collaboration with the “Service de la Protection de Mineurs” to
withdraw children from abusive households. 1163 The program has withdrawn 240 children thus far,
including children in domestic work, 1164 and overall, the media campaign against child labor has
resulted in the removal of 760 children from abusive households.1165 UNICEF and the Ministry of
Social Affairs are also implementing a project to assist child domestic workers through the provi-
sion of vocational training.1166
Haiti has launched a program called “Ed 2004” with funding from USAID, to improve the
quality of primary education for children and young adults. The Ed 2004 program also aims to
address the needs of orphans and other at-risk children, improve non-formal education, and
improve access to information and communications technology.1167 In addition, the Ministry of
Education works with NGOs to implement alternative education initiatives.1168
1161
As part of Haiti’s participation in ILO-IPEC, the government intends to establish a National Steering
Committee on child labor, which will be charged with preparing a national plan of action on child labor.
See ILO-IPEC, Technical Report No. 3: Combating the Exploitation of Child Domestic Workers, Septem-
ber 2001 [hereinafter Exploitation of Child Domestic Workers]. See also ILO-IPEC, All About IPEC: Fact
Sheet 20, Haiti and IPEC Launch Programme to Combat Child Domestic Labour [hereinafter Programme
to Combat Child Domestic Labour], at www.ilo.org/public/English/standards/ipec/about/factsheet/
facts20.htm on 5/4/01.
1162
Exploitation of Child Domestic Workers. See also Programme to Combat Child Domestic Labour.
1163
Madame Mathilde Flambert, Minister of Social Affairs, and Pierre Richard Painson, Chef du Cabinet,
interview by USDOL official, August 3, 2000. Since its inception, the program has registered 250 calls
from institutions, police commissariats, distressed children, individuals, and radio and television stations.
See also U.S. Department of State official electronic correspondence to USDOL official dated October 13,
2000 [hereinafter Department of State electronic correspondence] [on file].
1164
Of the child domestic servants withdrawn from abusive situations, 19 were sent to a receiving home or
shelter, while 14 were reunited with their parents. See Department of State electronic correspondence.
1165
U.S. Embassy–Port Au Prince, unclassified telegram no. 1203, May 2001. See also U.S. Embassy–
Port au Prince, unclassified telegram no. 3160, June 1997 and U.S. Embassy–Port au Prince, unclassified
telegram no. 2570, October 2001 [hereinafter unclassified telegram 2570].
1166
Unclassified telegram 2570.
1167
The Ed 2004 program has established a public-private partnership commission to reform national
educational policy in order to foster increased collaboration between private and public schools and
promote resource sharing among schools. See USAID, Activity Data Sheet for FY 2002: Haiti, at http://
www.usaid.gov/country/lac/ht/521-004.html on 10/01/01.
1168
Paul Bien-Aime, Minister of Education, interview by USDOL official, August 1, 2000 [hereinafter
163
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 23.3 percent of children between the ages of 10 and 14
years in Haiti were working.1169 Children work as domestic servants and in street trades, and assist
their families in subsistence agriculture. A 1997 UNICEF study estimated that there were some
250,000 to 300,000 child domestic servants, 80 percent of whom were girls under the age of 14.1170
Child domestics in Haiti are commonly referred to as restaveks, a Creole word meaning “to stay
with.” They are among the most vulnerable and exploited of all children in Haiti. According to
UNICEF, most restaveks work without compensation, reach the age of 15, 16, or 17 without ever
having been to school, and may undergo physical or sexual abuse.1171 UNICEF estimated that there
are 5,000 street children in Haiti, including those who escaped from domestic servitude, or moved
to Haitian cities seeking work.1172 Some street children engage in prostitution.1173 In the neighbor-
ing Dominican Republic, Haitian children are contracted annually to work in the sugarcane indus-
try, particularly in the Barahona province.1174
According to the Constitution, primary schooling is free and compulsory. 1175 Education is
required from the age of 6 to 15 years.1176 In 1997, the gross primary enrollment rate was 126 percent,
while the net primary enrollment rate was only 42.2 percent. 1177 Some 500,000 children in Haiti do
not attend school,1178 and only 23 percent of children who do attend finish secondary school. 1179
Bien-Aime interview].
1169
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
1170
“The State of the World’s Children, 1997,” UNICEF (New York, 1996), 30. See also “Haiti Faces
Major Education Challenge,” UNICEF Information Newsline [hereinafter “Major Education Challenge”],
at http://www.unicef.org/newsline/99pr16.htm. Child labor in Haiti is generally nonexistent in the indus-
trial and commercial agriculture sectors because of high adult unemployment and cultural prohibitions.
See unclassified telegram 2570.
1171
“Helping Child Servants Who are Virtual Slaves—Haiti,” UNICEF, National Coalition for Haitian
Rights (updated 11/30/00), at http://www.unicef.org/media/storyideas/946.htm on 10/26/01.
1172
“Major Education Challenge.”
1173
Jean Robert Cadet, “Restavek Servitude,” statement before the UN Commission on Human Rights,
Sub-Commission on the Promotion and Protection of Human Rights, Working Group on Contemporary
Forms of Slavery, 25th Session (Geneva, June 14-23, 2000) [document on file].
1174
Agustin Vargas-Saillant, Domingo Jimenez, and Rufino Alvarez, Unitary Confederation of Workers
(CTU and Futrazona), Dominican Republic, interview by USDOL official, August 29, 2000.
1175
Constitution of Haiti, 1987, Articles 32-1, 32-3, at http://www.right-to-education.org/consguarant/
haiti.html on 10/25/01.
1176
Le Projet de Loi d’Orientation de l’Education, as cited in UNESCO, The Education for All (EFA) 2000
Assessment: Haiti [hereinafter EFA 2000 Assessment], at http://www2.unesco.org/wef/countryreports/
haiti/rapport_1.html on 1/14/02.
1177
UNESCO, Education for All (EFA): Year 2000 Assessment (Paris, 2000) [CD-ROM].
1178
Bien-Aime interview.
1179
Lyne Godmaire, responsible for the Education Section, UNICEF, interview by USDOL official,
August 2, 2000.
164
Child Labor Laws and Enforcement
The 1984 Labor Code prohibits children under 15 years of age from working in industrial,
agricultural, or commercial enterprises, and establishes 12 years as the minimum age for domestic
work and 14 as the minimum age for apprenticeships.1180 The Labor Code prohibits hazardous
work for minors and night-work in industrial jobs for children under 18 years, and additional
provisions regulate the employment of children between 15 and 18 years of age.1181 The Labor
Code also prohibits forced labor.1182 The law does not specifically prohibit trafficking, although the
Criminal Code prohibits prostitution or the corruption of a young person under the age of 21.1183
The Ministry and Social Affairs is responsible for enforcing all child labor legislation, and
the IBESR coordinates the implementation of child labor laws with other government agencies.1184
IBESR conducted just over 120 child labor inspections a year between 1996 and 2000, all for cases
involving child domestic workers who were subsequently removed from abusive households and
placed in shelters or in the care of nongovernmental organizations. However, none of the inspec-
tions resulted in fines, penalties, or convictions.1185 Haiti has not ratified either ILO Convention
138 or ILO Convention 182.1186
1180
Decret du 24 fevrier 1984 actualisant le Code du Travail du 12 septembre 1961 [hereinafter Code du
Travail], Articles 73, 335, 341, as found on Natlex database at http:www.natlex.ilo.org/txt/F61HTI01.htm
on 11/20/01.
1181
Children under age 18 are required to undergo a medical examination before working in an enterprise.
Also, children between ages 15 and 18 are required to obtain a work permit for agricultural, industrial, or
commercial labor, and employers must retain a copy of the permit, along with additional personal infor-
mation on the employee, in an official register. See Code du Travail at Articles 333, 334, 336-339.
1182
Code du Travail at Article 4.
1183
Country Reports on Human Rights Practices for 2000—Haiti (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/hrrpt/2000/
wha/index.cfm?docid’795. The punishment for violation of this law is six months to two years of impris-
onment. See also Criminal Code, Article 282, in “Human Rights Reports: Haiti,” The Protection Project
Database, at http://protectionproject.org.
1184
Unclassified telegram 2570.
1185
Unclassified telegram 2570.
1186
ILOLEX database: Haiti at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 11/20/01.
NOTE: Hard copies of all Web citations are on file.
165
Honduras
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Honduras has been a member of ILO-IPEC since 1996.1187 In 1998,
the National Commission for the Gradual and Progressive Eradication of Child Labor was estab-
lished by the government to coordinate all activities to combat child labor, and to mainstream
working minors into educational programs.1188 The Commission is currently working with ILO-
IPEC project with funding from USDOL to prevent and remove children from full-time work in
the melon sector of Choluteca and in commercial coffee farms in Santa Barbara.1189 A similar ILO-
IPEC program in the tobacco sector coordinates in El Paraiso with the Honduras Committee for
Human Right.1190 The Honduras National Institute of Statistics, in consultation with the Ministry of
Labor and Social Security (MOL), is beginning fieldwork to conduct a national child labor survey,
with funding from the USDOL and assistance from ILO-IPEC’s SIMPOC, to determine the
number of working children between the ages of 5 and 17 in the country.1191 In September 2001,
the MOL implemented an education campaign, in collaboration with the Honduran Private Busi-
ness Council, to increase industry awareness of the worst forms of child labor.1192
The government is also collaborating with the Spanish Agency for International Coopera-
tion on child labor public awareness and information collection strategies, with UNICEF on
capacity building and public awareness activities, and with Save the Children–UK on activities
related to its national plan of action and child labor in the diving sector.1193
The government has initiated several programs in order to improve children’s access to
quality, basic education. The Ministry of Education provides very poor families with stipends for
1187
ILO-IPEC, Prevention and Elimination of Child Labor in the Melon Plantations in Honduras, project
proposal (Geneva 2000) [hereinafter Child Labor in the Melon Plantations], 5.
1188
In June 2000, the Ministry of Labor and Social Security published a report on its efforts and focus on
inspection, capacity building, surveys, awareness raising, and coordination between agencies. See U.S.
Embassy – Tegucigalpa, unclassified telegram no. 2157, June 2000. See also Informe Trabajo Infantil en
Hondura, (Secretaria de Trabajo y Seguridad Social, 2000) [hereinafter Informe Trabajo Infantil] [docu-
ment on file].
1189
Child Labor in the Melon Plantations. See also ILO-IPEC, Prevention and Progressive Elimination of
Child Labor in the Coffee Industry in Honduras, project proposal (Geneva, 1999).
1190
U.S. Embassy–Tegucigalpa, unclassified telegram 2159, June 2000 [hereinafter unclassified telegram
2159].
1191
ILO-IPEC, SIMPOC: Central America, project proposal (Geneva, 1999).
1192
U.S. Embassy–Tegucigalpa, unclassified telegram no. 3211, October 2001 [hereinafter unclassified
telegram 3211].
1193
Informe Trabajo Infantil.
166
school supplies and makes available radio and long distance learning for children in distant rural
areas with few schools.1194 Regional committees of child defense volunteers also try to convince
parents to send their children to school.1195
In 1999, the ILO estimated that 17.3 percent of children between the ages of 10 and 14
were working in Honduras.1196 According to a study undertaken by the Ministry of Labor and
Social Security, in association with UNICEF and the Honduran Institute for Childhood and the
Family, nearly half of all working children work in agriculture, cattle farming, or fishing.1197
Twenty percent work in manufacturing, mining, electricity, gas, and construction. The remaining
30 percent work in commerce, transportation, finance, or service industries. Two-thirds of working
children work without compensation to supplement family incomes derived from family farms or
for small businesses.1198
According to ILO-IPEC, the worst forms of child labor in Honduras include: prostitution
(particularly in the tourist sector along the North Coast); fireworks manufacturing (in Copan);
marine diving (on lobster boats in the Mosquito coast); work in limestone quarries and garbage
dumps (in the two large cities of Tegucigalpa and San Pedro Sula); and agricultural work (in the
coffee and melon industries).1199 Children have also been used to sell drugs in Olancho and
Comayagua.1200
Education is free and compulsory in Honduras for six years.1201 In 1999, the gross primary
enrollment rate was 97.3 percent and the net primary enrollment rate was 85.7 percent.1202 Among
working children, an estimated 34 percent complete primary school.1203 A lack of schools prevents
1194
Unclassified telegram 3211.
1195
Ibid.
1196
According to the ILO, 142,170 children were working. ILO, Yearbook of Labour Statistics 2000,
Geneva [document on file].
1197
Unclassified telegram 2159.
1198
Ibid.
1199
See unclassified telegram 3211.
1200
Comisión Nacional para la Erradicación del Trabajo Infantil, Diagnóstico y Plan Nacional Para La
Erradicación Gradual y Progresiva del Trabajo Infantil (Tegucigalpa, 2000), 17.
1201
Country Reports on Human Rights Practices for 2000—Honduras (Washington, D.C.: U.S. State
Department, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g.drl/rls/hrrpt/
2000/wha/index.cfm?docid’801.
1202
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports—Honduras, at http://
www2unesco.org/wef/countryreports/honduras/rapport_2html.
1203
Child Labor in the Melon Plantations, 2.
1204
Ibid.
167
many children in Honduras from receiving an education, as do costs such as enrollment fees,
school uniforms, and transportation costs.1204 In 1998, Hurricane Mitch damaged more than 3,000
schools nationwide. 1205 The poor quality of education and the lack of vocational education are
other education concerns.1206
The Constitution and the Labor Code set the minimum age for employment at 16 years,
with the exception that a child who is 15 years of age is permitted to work with parental consent
and Ministry of Labor permission.1207 An employer who legally hires a 15-year-old must certify
that the child has finished, or is finishing, compulsory schooling.1208 Children under the age of 16
are prohibited from night work and from working in clubs, theatres, circuses, cafes, cantinas, and
in establishments that serve alcoholic beverages.1209 Children under age 16 are limited to working
six hours a day and 30 hours a week.1210 The Children’s Code prohibits a child of 14 years of age
or younger from working, even with parental permission, and establishes prison sentences of three
to five years for individuals who allow children to work illegally.1211
Article 148 of the Minor’s Code criminalizes child prostitution. Children 18 years of age
and younger are protected under this law against sexual exploitation, child prostitution and child
pornography.1212 The Penal Code also includes provisions that prohibit trafficking in persons.1213
1205
U.S. Department of State, Background Notes: Honduras (Washington, D.C., 1999) at http://
www.state.gov/www/background_notes [document on file].
1206
Child Labor in the Melon Plantations at 2.
1207
Country Reports 2000 at Section 6d.
1208
Country Reports 2000 at Section 6d
1209
Oficina Regional para America Latina y el Caribe, Programa Internacional para la Erradicación del
Trabajo Infantil, Honduras (San Jose, 1999), 20.
1210
Constitution of the Republic of Honduras, 1982 [hereinafter Constitution of the Republic of Hondu-
ras], Chapter 5, Article 128, No. 7, at http://www.georgetown.edu.pdba/Constitutions/Honduras/
honduras.html.
1211
Country Reports 2000 at Section 6d.
1212
U.S. Embassy–Tegucigalpa, unclassified telegram no. 2902, August 2000.
1213
Country Reports 2000 at Section 6f.
168
The Ministry of Labor and Social Security is responsible for conducting child labor
inspections.1214 The Ministry has less than 50 inspectors for the entire country,1215 and is not able to
effectively enforce laws in rural areas or in small companies.1216 Despite these problems, in 2001,
the Ministry opened a regional office and re-initiated inspections on lobster boats in the Mosquito
area, where boat captains illegally employ boy divers. Early in 2001, the Minister of Labor con-
ducted a special inspection of the melon industry in order to uncover the incidence of child labor in
that sector.1217 Honduras ratified ILO Convention 138 on June 9, 1980 and ILO Convention 182 on
October 25, 2001.1218
1214
Informe Trabajo Infantil.
1215
Unclassified telegram 3211.
1216
Country Reports 2000 at Section 6d.
1217
Unclassified telegram 3211.
1218
ILO, Ratifications of ILO Conventions, ILOLEX database, at http://www.ilolex.ilo.ch:1567/english/.
NOTE: Hard copies of all Web citations are on file.
169
Hungary
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that less than 1 percent of children between the ages of 10 and
14 in Hungary were working.1223 Children are reported to work in family businesses, on farms, as
beggars on the streets, and as prostitutes. Hungary is a source and destination country for the
trafficking of children, some as young as 12 or 13 years, for the purposes of forced labor.1224
1219
Country Reports on Human Rights Practices for 2000—Hungary (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/
hrrpt/2000/eur/index.cfm?docid’774.
1220
Council of Europe. Implementation of Recommendation No. R(91)11 on sexual exploitation,
pornography and prostitution of, and trafficking in, children and young adults, March 15, 1997, as cited
in Trafficking in Women Working Paper, 69.
1221
“IOM Launches Information Campaign to Raise Awareness About Trafficking in Women in Bulgaria
and Hungary,” IOM News Release, November 12, 1999, no. 842, at http://www.uri.edu/dignity/
iomnov99.htm on 10/19/01.
1222
Ministry of Education, Comenius 2000 Programme for Quality Improvement in Public Education,
The New Approach to Quality in Public Education, at http://www.om.hu/j430 _english.html on 10/19/01.
1223
The study found that 0.04 percent of children between ages 10 and 14 are economically active. See
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World Develop-
ment Indicators 2001] [CD-ROM]. More children in the ethnic Roma population work because of their
tendency to drop out of primary school. See also U.S. Embassy-Budapest, unclassified telegram no.
1920, March 1998 [hereinafter unclassified telegram 1920]; and International Confederation of Free
Trade Unions, Internationally Recognized Core Labor Standards in Hungary, Report for the World Trade
Organization General Council Review of the Labor Policies of Hungary (Geneva, July 1998).
1224
Unclassified telegram 1920. See Country Reports 2000, Section 6f. See also “Hungary Considers
Legalized Prostitution,” Agence-France Presse, December 1, 1997, at http://
www.archive.nandotimes.com/newsroom/ntn/health/120197/health10_6874_noframes.html on 10/19/01;
European Parliament, Directorate-General for Research, Trafficking in Women Working Paper (Brussels,
March 2000) [hereinafter Trafficking in Women Working Paper]; and Human Rights Reports on Traffick-
ing of Women and Children, Hungary, The Protection Project Database [hereinafter Human Rights
Reports], at http://www.protectionproject.org on 12/11/01.
170
Women are trafficked to Western and Eastern European countries, including Russia, Ukraine, and
Romania, are trafficked into Hungary for the purposes of commercial sexual exploitation.1225
Education is free and compulsory between the ages of 6 and 16 years.1226 In 1995, the
gross primary enrollment rate was 103 percent and the net primary enrollment rate was 96.7
percent.1227 Schools in ethnic Roma communities are in markedly poorer condition, and in 1992,
less than 2 percent of Roma children graduated from high school.1228
The 1992 Labor Code states that children may only be employed when they have finished
their compulsory education, which effectively sets the minimum age at 16 years.1229 However,
children who are 14 years old are permitted to work if the work does not interfere with schooling
or if they are exempt from attending school.1230 All children under age 16 must obtain the consent
of a legal guardian before entering into an employment contract.1231 The Labor Code specifically
prohibits children under the age of 18 from working in jobs that may be detrimental to their
physical well-being or development, in night work, or in overtime work.1232 Forced labor is
prohibited by law.1233 According to the 1999 Act of Offenses, persuading or soliciting another to
engage in prostitution is illegal, as is working in a brothel under the age of 18.1234 There are no
1225
According to one estimate, one third of the female prostitutes in Hungary are from the Ukraine,
Romania, and Russia. See Trafficking in Women Working Paper and Country Reports 2000 at Section 6f.
See also Coalition Against Trafficking in Women, Factbook on Global Sexual Exploitation: Hungary, at
http://www.uri.edu/artsci/wms/hughes/catw/hungary.htm on 10/19/01.
1226
U.S. Embassy–Budapest, unclassified telegram no. 3455, September 2000 [hereinafter unclassified
telegram 3455]. See also UN Committee on the Rights of the Child, Consideration of Reports Submitted
by States Parties Under Article 44 of the Convention: Initial Reports of States Parties Due in 1993,
Addendum, Hungary, CRC/C/8/Add.34 (Geneva, September 24, 1996) [hereinafter Initial Reports of
States Parties], para. 66.
1227
World Development Indicators 2001.
1228
Roma children are often placed in remedial education programs designed for children with mental
disabilities or low academic performance, and in September 1999, the Minister of Education and the
parliamentary Ombudsman for Minority Rights acknowledged that there is segregation in the country’s
educational system. See Country Reports 2000 at Section 5.
1229
Hungary Labour Code [hereinafter Hungary Labour Code], Act No. 22 of 1992, Part III, Section
72(1), at http://www.natlex.ilo.org/txt/E92HUN01.htm on 11/2/01. See also unclassified telegram 3455.
1230
Hungary Labour Code at Part III, Section 72(4).
1231
Ibid. at Part III, Section 72(2).
1232
Ibid. at Part III, Sections 75, 121, 128(2).
1233
The law that prohibits forced labor is not specified. See Country Reports 2000 at Section 6c.
1234
Act of Offenses (Act LXIX of 1999), Sections 143, 205-207, as cited in Human Rights Report.
171
specific laws that address trafficking, but the Criminal Code has provisions against kidnapping
and violations of personal freedom.1235
Labor, education, and child welfare authorities monitor and address complaints relating
to child labor through spot-check inspections and labor courts.1236 Hungary ratified ILO Conven-
tion 138 on May 28, 1998 and ILO Convention 182 on April 20, 2000.1237
1235
Initial Reports of States Parties at paras. 101, 103.
1236
The National Work Safety and Labor Affairs Supervision Office (OMMF) has 20 county and local
offices to enforce the labor code. OMMF inspectors respond to complaints and conduct random spot
checks. Complex cases may be presented to the labor courts. Violations of labor regulations are misde-
meanors punishable by a fine ranging from approximately USD 160 to 9,000. See unclassified telegram
3455.
1237
ILOLEX database: Hungary at http://ilolex.ilo.ch:1567/english/ on 10/19/01.
NOTE: Hard copies of all Web citations are on file.
172
India
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1987, the Government of India adopted a National Policy on Child Labor, under which
National Child Labor Projects were initiated in 12 states with a high proportion of working chil-
dren.1238 The main components of the projects include non-formal education, health, nutrition and
poverty alleviation.1239 Projects are implemented by NGOs, and the government provides up to 75
percent of project costs.1240 Under these, some 1,800 non-formal schools have opened, and ap-
proximately 105,000 children have been enrolled.1241
In 1992, India became one of the six original countries to participate in ILO-IPEC. The
program has created broad-ranging and multi-sectoral efforts to rescue, remove and rehabilitate
children from child labor. The ILO-IPEC program, which has reached more than 90,000 children
in India since its inception, was renewed for a further two years in January 2000.1242 In 2001,
USDOL collaborated with the Government of India to fund a USD 40 million ILO-IPEC project to
eliminate child labor in 10 hazardous sectors in the states of Madhya Pradesh, Maharastra, Tamil
Nadu and Uttar Pradesh.1243 The Government of India is also planning to conduct a national child
labor survey in 2004 with technical assistance from ILO-IPEC’s SIMPOC.1244
1238
Child Labor and India, Embassy of India, Washington, D.C., at http://www.indianembassy.org/policy/
Child_Labor/childlabor.htm on January 2, 2002. According to the government, 94 child labor projects
were established by February 2001, as stated in “Social Sectors—Labour and Employment,” Economic
Survey 2000-2001 (India: Ministry of Finance, February 2001), at http://www.indiabudget.nic.in/es2000-
01/social.htm.
1239
National Policy on Child Labor, 1987, Embassy of India, Washington, D.C., at http://
www.indianembassy.org/policy/Child_Labor/childlabor.htm on January 2, 2002.
1240
Embassy of India written submission for 5th International Child Labour Study by the Bureau of
International Affairs, USDOL, Embassy of India (Washington, D.C., February 25, 1998) [hereinafter 5th
International Child Labour Study], at 9, 10.
1241
Lakshmidhar Mishra, Child Labour in India (London: Oxfam University Press, April 2000), 200.
1242
U.S. Embassy–New Delhi, unclassified telegram no. 4282, June 2000 [hereinafter unclassified
telegram 4282].
1243
In August 2000, the Indian Ministry of Labor and USDOL signed a Joint Statement agreeing to
collaborate on an ILO-IPEC project to prevent and eliminate child labor in 10 hazardous sectors: bidis (a
type of small, hand-rolled cigarette), brassware, bricks, fireworks, footwear, glass bangles, locks, matches,
quarrying, and silk. Each government is contributing USD 20 million to the project, which will target
80,000 children. Project activities are expected to begin in early 2002. Child labor prevention and with-
drawal activities will be implemented through the government’s National Child Labor Program. See ILO-
IPEC, Preventing and Eliminating Child Labor in Identified Hazardous Sectors, project document
(Geneva, 2001) [on file].
1244
ILO-IPEC official, E-mail correspondence to USDOL official, January 18, 2001[on file]. See also
ILO-IPEC, Child Labor Statistics: SIMPOC Countries, at http://www.ilo.org/public/english/standards/
ipec/simpoc/countries.htm on January 29, 2002.
173
The Ministry of Human Resource Development operates programs that target pre-school
aged children in nine states with low education statistics, facilitate universal primary education
focusing on improving the quality, and provide non-formal education programs for children with
special needs, including working children.1245 The Ministry of Education manages the Sarva
Shiksha Abhiyan (SSA) Program, which aims to achieve universal elementary education for all
children between the ages of 6 and 14 by 2010.1246
In 1999, the ILO estimated that 12.5 percent of the children between the ages of 10 and 14
in India were working.1247 There are reports of bonded child labor in the carpet manufacturing
industry,1248 in agriculture (particularly in small-scale, rural operations),1249 and in the construction
industry.1250 Children are reported to work in hazardous conditions in numerous industries: glass
1245
UN Committee on the Rights of the Child, Country Report—India (New Delhi: Ministry of Human
Resource Development’s Department of Women and Child Development, February 1997), Sections 8.5-
8.8, at http://wcd.nic.in/CRCFEBmr.htm.
1246
The Ministry of Education is collaborating with the Indian Ministry of Labor on the USDOL-funded
ILO-IPEC project and will provide educational services to working children in the 10 targeted hazardous
sectors through its SSA Program. See ILO, Preventing and Eliminating Child Labor in Identified Hazard-
ous Sectors (Geneva, 2001) [hereinafter Preventing and Eliminating Child Labor], 47, [on file].
1247
World Development Indicators 2001 (Washington, D.C., World Bank, 2001) [CD-ROM]. Estimates of
the number of working children in India vary greatly. India’s 1991 national census found that of the
country’s 210 million children between ages 5 and 14, 11.3 million children worked. Because half of all
children ages 5 to 14 are reportedly not enrolled in school (105 million children), many NGOs and
international organizations place the number of working children at 44 million to 55 million. See U.S.
Embassy - New Delhi, unclassified telegram no. 1401, February 1998. See also D.P. Chaudhri, “A
Dynamic Profile of Child Labour in India,” cited in “Child Labour in India,” press release, UNICEF
Information Service (New Delhi, 1996), 1, 2. Some NGOs, like the Bangladore Centre for Concern for
Working Children, developed estimates that take into account the official number of children out of
school, as stated in S. Sinha, “Collection and Dissemination of Data on Child Labour in Asia,” ILO-IPEC
(Bangkok, 1998), Table 1, 107 [draft on file]. For example, in 2000, the Chamber of Commerce and
Industry (CCI) estimated child labour in the organized and unorganized and household sectors to be over
100 million. See S. Mahendra Dev, “Editorial: Eradicating Child Labour,” The Hindu, World Reporter,
August 15, 2000.
1248
Country Reports on Human Rights Practices for 2000—India (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6c, at http://www.state.gov/g/drl/rls/hrrpt/2000/
sa/717.htm. See also USDOL, By the Sweat and Toil of Children [hereinafter Sweat and Toil of Children],
vol. II, 85-94, and vol. IV, 19-22.
1249
Sweat and Toil of Children, vol. V, at 21.
1250
Isabel Austin, State Representative for UNICEF for Tamil Nadu and Kerala, interview by USDOL
official, May 5, 1998 [hereinafter Austin interview]. A 1996 Human Rights Watch report found bonded
child labor in the silk industry; in the production of bidis, carpets, silver, synthetic gemstones, and leather
products; and in agriculture. See Human Rights Watch, The Small Hands of Slavery: Bonded Child Labor
in India (United States, September 1996), at http://www.hrw.org/hrw/reports/1996/India3.htm.
174
manufacturing, leather tanning, 1251 footwear,1252 hand-knotted carpet,1253 stone quarries,1254
construction,1255 gemstones,1256 and fireworks.1257 Children also work as domestic servants.1258
1251
“Children in Hazardous Work,” fact sheet from Abolishing Extreme Forms of Child Labour (Geneva:
ILO, 1998) [hereinafter “Children in Hazardous Work” fact sheet]. See also By the Sweat and Toil of
Children: Consumer Labels and Child Labor, vol. 4 (Washington, D.C.: U.S. Department of Labor, 1995),
70-73 [hereinafter By the Sweat and Toil of Children, vol. 4].
1252
Abhinay Prasad, Secretary, AADHAR (Welfare Society), and R.K. Pandey, Regional Director, Council
for Leather Exports, interview by USDOL official, May 17, 1998. Children are reportedly not employed
by companies producing shoes directly for the export market, although it is unclear whether shoes and
shoe parts produced under subcontracting arrangements in the cottage industry are destined for the
domestic or export market. Agra is located in the state of Uttar Pradesh, south of New Delhi. See also
Preventing and Eliminating Child Labor, 6, 7.
1253
Sweat and Toil of Children, vol. II at 85-94 and vol. IV at 19-22.
1254
S.P. Gnanamoni, Secretary of the Quarry Workers Development Society, Dindigal, interview by
USDOL official, May 7, 1998. See Preventing and Eliminating Child Labor at 6. See also “Children in
Hazardous Work,” fact sheet from Abolishing Extreme Forms of Child Labour (Geneva: ILO, 1998).
1255
Austin interview.
1256
ILO and the Universal Alliance of Diamond Workers, Precious Lives: Child Labour and Other Labour
Rights Violations in the Diamond and Gemstone Industry (Geneva, last updated June 16, 1998), at http://
www.ilo.org/public/english/dialogue/actrav/child/proj/childiam.htm, within the fact sheet “Child Labour
in the Diamond Industry.” India is a large producer of processed diamonds, which are typically mined in
other countries and exported to India for processing. See also Amar Nath, Director of Inter Gold (India)
Limited, et al., interview by USDOL official, May 12, 1998, and notes on eyewitness accounts of condi-
tions in the gemstone workshops from the site visit by USDOL officials to Jaipur, May 15, 1998.
1257
Jill McGivering, AFestival of Lights Without Fireworks,” BBC News, at http://news6.thdo.bbc.co.uk/
hi/english/world/south%5Fasia/newsid%5F990000/990606.stm on 10/25/00. See also Preventing and
Eliminating Child Labor at 6, 7.
1258
“Future in Chains,” Pioneer, New Delhi, at http://www.globalmarch.org/cl-around-the-world/
index.html on 12/31/99. A study in Tamil Nadu showed that 26.5 percent of child domestic workers are
employed by government staff. See Ramya Kannan, “India: Study Shows Lack of Follow-up Action,” The
Hindu, Source: World Reporter (TM) - Asia Intelligence Wire, September 20, 2000.
1259
Swedish International Development Agency, Looking Back, Thinking Forward: The Fourth Report on
the Implementation of the Agenda for Action Adopted at the First World Congress Against Commercial
Sexual Exploitation of Children in Stockholm, Sweden, 28 August, 1996 (Bangkok, Thailand, 2000)
[hereinafter Looking Back, Thinking Forward], 91.
1260
Ibid. at 92. See also “Human Rights Reports: India,” The Protection Project Database, at http://
www.protectionproject.org.
175
relation to the tradition of tawiffs, or dancing girls, in certain regions of the country.1261 Children
are trafficked to countries in Asia, the Middle East and the West, and into India from neighboring
Nepal or Bangladesh, often for the purposes of sexual exploitation.1262
Primary education is not compulsory in India and the national government does not
provide free or universal primary education. Legislation at the state and/or provincial level estab-
lishes compulsory primary education in 14 of the 24 states and 4 Union territories.1263 Approxi-
mately 59 percent of children between the ages of 5 and 14 attend school.1264 In 1997, the gross
primary enrollment rate was 90.3 percent, while the net primary enrollment rate was 71.1 per-
cent.1265
The Child Labor (Prohibition and Regulation) Act prohibits the employment of children
under 14 years old in 13 occupations and 51 processes,1266 and bars children from working in
hazardous processes or dangerous operations, as identified by the Child Labor Act or by Section 67
of the Factories Act of 1948.1267 In 1996, India’s Supreme Court established a penalty of 20,000
rupees (USD 415) for persons employing children in hazardous industries and directed national
and state governments to identify and withdraw children from hazardous work and provide them
with education.1268 The enforcement of child labor laws falls under the jurisdiction of state-level
labor ministries.
1261
Looking Back, Thinking Forward at 92.
1262
Ibid. See also Trafficking in Persons Report for 2000: India (Washington, D.C.: U.S. Department of
State, 2001).
1263
These states and union territories are Assam, Andhra Pradesh, Bihar, Delhi, Gujarat, Haryana, Jammu
and Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Kerala, West
Bengal, Chandigarh, Pondicherry, and the Andaman and Nicobar Islands. See 5th International Child
Labour Study, 11. In December 2001, the lower house of Indian Parliament passed a bill making the right
to education a basic fundamental right for all children between ages 6 and 14. The bill will go to the upper
house in 2002 for passage. See also U.S. Department of State official, U.S. Embassy New Delhi, India,
electronic correspondence to Sudha Haley, USDOL official, December 19, 2001.
1264
Country Reports 2000 at Section 5.
1265
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
1266
Unclassified telegram 4282. The occupations and processes where children cannot work were ex-
panded from 7 to 13 and 18 to 51, respectively. The Act was passed in 1986 and amended in 1999.
1267
Sweat and Toil of Children, vol. V, at 177, 178.
1268
“Child Labor in India,” IPEC India briefing note, 2, 3 [on file]. The 1996 Supreme Court decision
established a fund to be created from the proceeds of this fine to provide supplemental income to parents
and guardians of child workers on the condition that the children would be sent to school. The Court also
ordered that a survey of the child labor situation in the country be conducted. Currency conversion at
http://www.carosta.de/frames/convert.htm on 1/25/02.
176
The Bonded Labor Abolition Act of 1986 has only draft regulations and the Child Labor
Abolition Act of 1984 has no implementing regulations.1269 The Prevention of Immoral Trafficking
Act of 1986 is the principle law applied to trafficking in children and prostitution. India has not
ratified ILO Convention 138 or ILO Convention 182.1270
1269
Garimella Subramaniam, “India: Recent Social Laws an ‘Eyewash,’” The Hindu, Source: World
Reporter (TM) - Asia Intelligence Wire, October 30, 2000. In 2000, the Labor Department proposed
legislation to ban child labor totally to remove the difficulties of enforcing laws regulating child labor on
account of partial permission for employment of children in some trades. The Law Department returned
the proposed legislation with several questions, including whether it would be constitutional to ban child
labor entirely. See Roy Mathew, “India: Total Ban on Child Labour Likely,” The Hindu, Source: World
Reporter (TM)—Asia Intelligence Wire, October 6, 2000.
1270
ILO, Table of Ratifications and Information Concerning the Fundamental Conventions of the ILO, at
http://www.ilo.org/public/french/standards/norm/sources/rats_pri.htm.
NOTE: Hard copies of all Web citations are on file.
177
Indonesia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1992, the Government of Indonesia became one of the six original countries to partici-
pate in ILO-IPEC, establishing a national steering committee and developing a draft National Plan
of Action for addressing exploitative child labor, and launching various child labor projects.1271 In
1999, the USDOL funded projects in Indonesia to combat child labor in the fishing and footwear
industries.1272 The Government of Indonesia is also collaborating with ILO-IPEC on a regional
level to address children working in industries and trafficking.1273 In 1999, Indonesia’s Central
Planning and Development Board earmarked 10 percent of educational safety net funds for working
children to alleviate the growing trend of children dropping out of school for economic reasons.1274
In 1999, the ILO estimated that 8.2 percent of children between the ages of 10 and 14 in
Indonesia were working.1275 Children work in various industries, including rattan and wood
furniture, garments, footwear, food processing, toy-making, and small mining. More children are
reportedly working in informal sectors, selling newspapers, shining shoes, parking cars, or working
beside their parents in family businesses and on commercial farms.1276
1271
Pandji Putranto, ILO-IPEC, electronic correspondence to USDOL official, March 18, 2001. See also
ILO-IPEC, All About IPEC: Programme Countries, at http://www.ilo.org/public/English/standards/ipec/
about/countries/t_country.htm on 11/27/01.
1272
See the following ILO project documents: Programme to Combat Child Labor in the Fishing Sector in
Indonesia and the Philippines (Phase 1) (Geneva, 1999) and Programme to Combat Child Labor in the
Footwear Industry in Indonesia and the Philippines (Phase 1) (Geneva, 1999).
1273
“IPEC in Action: Asia, Progress and Challenge in East and South-East Asia,” ILO-IPEC Web site, at
http://www.ilo.org/public/English/standards/ipec/publ/field/asia/progchalpr.htm on 12/28/01.
1274
Esther Duflo, Schooling and Labor Market Consequences of School Construction in Indonesia:
Evidence from an Unusual Policy Experiment, B NBER Working Paper Series (Massachusetts: National
Bureau of Economic Research Working Paper 7860, 2000), 2.
1275
World Development Indicators 2001 (Washington, D.C., World Bank, 2001) [CD-ROM]. In 1996, a
Labor Force Survey by the Indonesian Central Bureau of Statistics (BPS) estimated that 8.5 percent (1.9
million) of children between ages 10 and 14 in Indonesia were working. See Nafsiah Mboi and Irwanto,
Indonesian Experience With Child Labor: Looking for Best Practices (Jakarta: ILO-IPEC, 1998), 20, 21.
A 1999 National Socioeconomic Survey found that 10 percent of children between ages 10 and 14
worked. However, given the percentage of children out of school, some analysts suggest that 20 percent is
a more likely figure. See P. Irwan, H. Hendriati and Y. Hestyani,, “Alternative Education Strategies for the
Young Disadvantaged Groups in Indonesia” (Jakarta: UNESCO, 1999), as cited in Peter Stalker, “Beyond
Krismon: The Social Legacy of Indonesia’s Financial Crisis” (Florence: UNICEF Innocenti Research
Centre, 2000) [hereinafter Stalker, “Beyond Krismon”], 20.
1276
Country Reports on Human Rights Practices for 2000—Indonesia (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/eap/707.htm.
178
A 2000 report by the Government of Indonesia and UNICEF found that more children are
working in exploitative and hazardous activities such as garbage scavenging, street peddling,
domestic servitude, and prostitution.1277 In North Sumatra, boys work on fishing platforms called
jermals for 12 to 13 hours per day for up to three months, often in dangerous conditions.1278 In
addition, children have allegedly been recruited as child soldiers in armed conflicts.1279 An esti-
mated 30 percent of all sex workers are under the age of 18 (between 40,000 to 70,000 chil-
dren).1280 Trafficking of children is a growing problem.1281 Children, primarily girls, are trafficked
for sexual exploitation and forced labor both within Indonesia and to international locations.1282
In 1994, compulsory basic education was extended from six to nine years, but this measure
has not been fully implemented because of the lack of legal mechanisms for enforcement.1283
Education is not free. Families must pay tuition fees, cover the cost of uniforms and supplies, and
pay fees for parent-teacher associations.1284 In 1997, the gross primary enrollment rate was 113.6
percent, and the net primary enrollment rate was 95 percent, roughly similar for boys and girls. 1285
In 2000, UNICEF reported that 20 percent of children fail to complete their primary education, and
30 percent of children ages 13 to 15 years old are not in school.1286 The number of school age
dropouts rose from three million in 1997 to eight million at the end of 1998, mainly because the
1277
Government of Indonesia and UNICEF, Challenges for a New Generation: The Situation of Children
and Women in Indonesia, 2000 (Jakarta, 2000) [hereinafter Challenges for a New Generation], vi.
1278
ILO-IPEC, Programme to Combat Child Labor in the Fishing Sector in Indonesia and the Philippines
(Phase 1), project document (Geneva, 1999), 2, 3.
1279
Children have been reported in militia groups that formed in East Timor, in the separatist region of
Aceh, and in the Maluku Islands. Reports from the Malukus indicate that children between ages 7 and 12
have participated in both sides of the conflict. See Coalition to Stop the Use of Child Soldiers, Asia
Report: Indonesia and East Timor, May 2000 [hereinafter Asia Report], 27, at http://www.child-
soldiers.org/reports_asia/indon_and_et.html. According to this report, sources within the churches in the
region said that at least 200 boys had been forcibly recruited and trained as fighters.
1280
Mohammad Farid, “Sexual Abuse, Sexual Exploitation, and the Commercial Sexual Exploitation of
Children,” in Irwanto, Mohammad Farid, and Jeffry Anwar, Situational Analysis of Children in Need of
Special Protection in Indonesia (Jakarta: CSDS Atma Jaya, Department of Social Affairs, and UNICEF,
1998), 96, 97.
1281
Country Reports 2000 at Section 6f. See also Challenges for a New Generation: The Situation of
Children and Women in Indonesia, 2000 (Jakarta: Government of Indonesia and UNICEF, 2000) [herein-
after Challenges for a New Generation], vi.
1282
Destinations for women and girls trafficked from Indonesia include Hong Kong, Singapore, Taiwan,
Malaysia, Brunei, the Persian Gulf countries, Australia, Korea, and Japan. See Victims of Trafficking and
Violence Protection Act of 2000: Trafficking in Persons Report, Indonesia (Washington, D.C.: U.S.
Department of State, 2001), at http://www.state.gov/g/inl/rls/tiprpt/2001/ on 12/28/01.
1283
Challenges for a New Generation at 98. See also Darmastuti Soetrisno, Director of Kindergarten and
Primary Education of the Ministry of Education, interview by USDOL official, October 13, 2000.
1284
Stalker, Beyond Krismon, at 19.
1285
UNESCO, Education For All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
1286
Stalker, Beyond Krismon, at 19.
179
children had to work and they could not afford school fees and related expenses.1287 According to
the Indonesian Ministry of Education and ILO data, close to 12 million school age children did not
attend school in 1999.1288
In April 1999, Indonesian law raised the minimum age for employment from 14 to 15
years.1289 Enforcement of this law, however, is reportedly rare.1290 The Protection of Children
Forced to Work Law Regulation of 1987 allows children under the age of 14 to engage in certain
types of work, and requires employers to report the number of children working.1291 A 1998
Circular Letter from the Governor of North Sumatra set the minimum age for employment on
jermals at 18 years.1292 Prostitution is not illegal, although the Penal Code prohibits using violence
or threats to force someone to engage in an obscene act.1293 The Penal Code also prohibits traffick-
ing of women and immature boys.1294 The Law on National Defense of 1982 sets the minimum age
for voluntary recruitment into the armed forces at 18 years.1295
Due in part to a lack of resources, the government does not enforce child labor laws in an
effective or thorough manner.1296 The Government of Indonesia ratified ILO Convention 138 on
June 7, 1999 and ILO Convention 182 on March 28, 2000.1297
1287
U.S. Embassy–Jakarta, unclassified telegram no. 3129, June 1999 [hereinafter unclassified telegram
3129].
1288
Country Reports 2000 at Section 5.
1289
U.S. Embassy–Jakarta, unclassified telegram no. 4679, September 2000 [hereinafter unclassified
telegram 4679].
1290
The Department of Manpower includes 1,300 labor inspectors responsible for enforcing all labor laws,
including those related to child labor. The size of the force is reportedly inadequate for the effective
monitoring or response to child labor. Training specifically on child labor issues is provided to labor
inspectors. See unclassified telegram 3129. See also ILO, Indonesia Country Report, The ILO-Japan
Asian Meeting on the Trafficking of Children for Labour and Sexual Exploitation, Manila, 2001 [CD-
ROM].
1291
Country Reports 2000 at Section 6d. See also unclassified telegram 4679.
1292
“Implementation of the Convention on the Rights of the Child: Experience in Handling Child Labor in
North Sumatra,” Child Workers in Asia, vol. 15, no. 3 (September-December 1999), at http://
www.cwa.tnet.co.th/V15-3/indonesia.htm.
1293
Penal Code [hereinafter Penal Code], Article 289, as cited in “Human Rights Reports: Indonesia,” The
Protection Project Database, at http://www.protectionproject.org on December 28, 2001.
1294
Penal Code at Article 297.
1295
Asia Report.
1296
Unclassified telegram 3129.
1297
ILOLEX databases at http://ilolex.ilo.ch:1567/scripts/ratifce.pl?C182 and http://ilolex.ilo.ch:1567/
scripts/ratifce.pl?C138.
NOTE: Hard copies of all Web citations are on file.
180
Jamaica
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1996, the government launched a National Plan of Action for Children, to provide
universal access to basic education, reintegrate street children into school, and develop a compre-
hensive national policy statement.1300 The Ministry of Education has instituted a cost-sharing
program to help parents pay school fees at the secondary level.1301
In 1997, the government signed an agreement with the World Bank and other donors for a
Social Investment Fund to support social assistance and income generation activities.1302 That same
year, the government began collaborating with UNICEF on the Child and Youth At Risk Program
designed to address child labor issues and increase school attendance through poverty alleviation
and a public-awareness campaign. However, it is reported that these efforts have been less effec-
tive due to poor economic conditions, few resources, and lack of information about the full extent
of the country’s child labor problem.1303
During the mid-to-late-1990s, the government implemented several reforms to its educa-
tional systems designed to correct inequities in access to quality education and to improve educa-
tional achievement. These included curriculum revisions, construction of more classroom space, a
grade four literacy test, provision of textbooks and school meals, and other efforts.1304
1298
ILO-IPEC, National Programme for the Prevention and Elimination of Child Labour in Jamaica and
SIMPOC Survey, project document (Geneva, June 2001) [hereinafter National Programme], 13.
1299
Ibid. at Annex 1.
1300
Ibid. at 11.
1301
U.S. Embassy–Kingston, unclassified telegram, no. 2589, October 2001 [hereinafter unclassified
telegram 2589].
1302
National Programme at 13.
1303
U.S. Embassy–Kingston, unclassified telegram no. 1622, June 2000.
1304
National Programme at 13.
181
Incidence and Nature of Child Labor
In urban areas, children work as shop assistants, beggars, vendors of newspapers and
cigarettes, cart pushers, windshield washers and domestic servants.1308 In some villages, children
catch, scale and gut fish1309 while in agriculture, children help on family farms and with the
cultivation and harvesting of ganja (marijuana).1310 In tourist towns, children are reported to work
in kitchens, hotels, recreational and cultural activities, in pornography, and as prostitutes, go-go
dancers, and masseuses.1311
Under the Education Act of 1965, school is free and compulsory for children between the
ages of 6 and 11.1312 In 1999, the gross primary enrollment rate was rate was 96.6 percent.1313 In
spite of high enrollment rates, many Jamaican children (between 19 and 25 percent) fail to attend
primary school regularly.1314 Some families keep their children home because they cannot afford to
pay school expenses.1315 Although schooling is free at the primary level, one report indicated that
some local schools and parent teacher organizations nonetheless collected fees.1316 Other reports
1305
According to the survey, 22,000 children were working. National Programme, 7.
1306
Unclassified telegram 2589.
1307
National Programme at 7, 8.
1308
Ibid. at 8.
1309
Claudette Richardson-Pious, Executive Director, Children First, interview by USDOL official, July
2000 [on file].
1310
National Programme at 7.
1311
Ibid. See generally Sian Williams, “Sexual Violence and the Exploitation of Children in Latin America
and the Caribbean: The Case of Jamaica,” Caribbean Development Center, July 1999.
1312
Country Reports on Human Rights Practices for 2000—Jamaica (Washington, D.C.: U.S. Department
of State) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/wha/
index.cfm?docid’805. See also unclassified telegram 2589.
1313
National Programme at 10.
1314
UNICEF, Changing the Future for Jamaica’s Children (Kingston, August 1999) [hereinafter Changing
the Future], 5, 6.
1315
Ibid. See also UN, Review of Annual Reports Under the Follow-up to the ILO Declaration on Funda-
mental Principles and Rights at Work, Part II, Compilation of Annual Reports by the International Labor
Office, GB277/3/2 (Geneva, March 2000), 299.
1316
Unclassified telegram 2589.
182
attribute low school attendance to the lack of relevance of the curriculum, the lack of space in
schools (especially at the secondary level) and the low quality of instruction.1317
The Juveniles Act of 1951 prohibits the employment of children under the age of 12,
except in family domestic, agricultural or horticultural work.1318 Children under 15 may not be
employed in industrial work. They are also prohibited from working on a ship, except where only
family members are employed.1319 Children under 16 are prohibited from night work and from
begging. The Constitution does not specifically prohibit forced child labor1320 but child prostitution
is prohibited for girls under 18.1321 There is no comprehensive law prohibiting trafficking in
persons.1322 Children can join the armed forces at age 17 with parental consent.1323
Jamaica’s police are responsible for addressing child labor related complaints, while the
Ministry of Health places children in a safe locations once they are withdrawn from work.1324
Under the Juveniles Act, child labor violators can be subject to a fine or imprisonment. Criminal,
immigration or customs penalties can be applied in situations of child trafficking.1325 Enforcement
of child labor laws in the informal sector is inadequate.1326
Jamaica has not ratified ILO Convention 138 or ILO Convention 182.1327
1317
National Programme at 9-11. See also Changing the Future at 6.
1318
Juveniles Act of 1951 [hereinafter Juveniles Act], Part 8, Section 71 [hard copy on file].
1319
Ibid. at Part 8, Section 72.
1320
Country Reports 2000 at Section 6d.
1321
Ibid. at Section 5.
1322
Ibid. at Section 6f.
1323
Seth Vaughn, U.S. Embassy Jamaica, electronic correspondence to USDOL official, October 30, 2001.
1324
Unclassified telegram 2589.
1325
Country Reports 2000 at Section 6f.
1326
Unclassified telegram 2589.
1327
ILO, International Labour Standards and Human Rights Department, at http://webfusion.ilo.org/
public/db/standards/normes/appl-ratif8conv.cfm?Lang’EN.
NOTE: Hard copies of all Web citations are on file.
183
Jordan
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In July 1995, Queen Noor established the National Task Force for Children (NTFC) to
monitor the condition and status of Jordanian children. Through its National Coalition for Chil-
dren, the NTFC has brought together governmental, nongovernmental, and international organiza-
tions to develop initiatives which enhance the rights and well-being of the country’s children.1328 In
1998, the NTFC drafted a plan of action to assist working children. As a result, the Ministry of
Labor created a Child Labor Division to receive and address child labor complaints and related
issues.1329
In 2000, Jordan became a member of ILO-IPEC, and in that same year, ILO-IPEC pro-
vided funding to the Government of Jordan to conduct a national child labor survey, covering both
the formal and informal sectors of the economy, and to build a national database on child labor.1330
Presently, the Ministry of Education is conducting a five-year education reform plan, focusing on
pre-school education and education for children with special needs.1331 Queen Rania also has
established the National Team for Early Childhood Development to address the issues of develop-
ment and education of children from birth to age 8.1332 The National Team’s first task assessed
preschool education, which led to its call for expanded kindergarten provisions.1333 Consequently,
kindergarten was made compulsory in 2000.1334
1328
NTFC projects include the 1997 pilot study on child labor in Jordan and the drafting of the law on the
rights of the child. The NTFC, in coordination with UNICEF, also has established a training and child
rights advocacy program, with emphasis on child labor. See National Task Force for Children at http://
www.noor.gov.jo/main/ntfc.htm.
1329
The Ministry of Labor created a Child Labor Unit (CLU) in 1999. The CLU was responsible for
conducting national research on child labor, establishing preventive and remedial measures, and training
and monitoring labor inspectors on child labor. In 2000, the Ministry of Labor established a new Child
Labor Division, with the added duties of receiving, investigating, and addressing child labor complaints.
At present, only five employees are in the Child Labor Division, so enforcement responsibilities remain
with the general labor inspectors. See U.S. Embassy Embassy–Amman, unclassified telegram 3340, June
2000 [hereinafter unclassified telegram 3340]. See also U.S. Embassy–Amman, unclassified telegram
4670, October 2001 [hereinafter unclassified telegram 4670].
1330
Unclassified telegram 4670. See also ILO-IPEC, All About IPEC: Programme Countries, at http://
www.ilo.org/public/english/standards/ipec/about/countries/t_country.htm.
1331
The 1998-2002 education reform plan also covers upgrading teachers’ skills, school administration,
and educational information systems. The first education plan was from 1988 to 1998, and its goal was to
enhance student achievement while reducing the number of dropouts. For these reasons, the Government
of Jordan implemented evening, summer, and home studies programs. See unclassified telegram 3340, and
“Education in Jordan: A Commitment to Excellence” [hereinafter “Education in Jordan”] at http://
www.kingabdullah.jo/about_jordan/education_in_jordan.html.
1332
“Core Issues—Early Childhood Development,” Queen Rania Al-Abdullah, at http://209.41.172.238/
coreissues.edc.cfm.
1333
Ibid.
1334
Unclassified telegram 3340.
184
Incidence and Nature of Child Labor
In 1999, the ILO estimated that less than 1 percent of children between the ages of 10 and
14 were working in Jordan.1335 Children are employed in agriculture and in small businesses.1336
Child vendors work on the streets of Amman, selling newspapers, tissues, cigarettes, food, and
gum.1337 Children from East Amman and the adjoining refugee camps are trucked daily into West
Amman to cull through dumpsters for recyclables.1338
Education in Jordan is compulsory until age 16.1339 While the Education Act states that
basic schooling for primary and secondary students is free, families are responsible for education-
related expenses, including transportation and books, and tuition is required for public schools.1340
The Government of Jordan grants a 20 percent tuition fee reduction to underprivileged families and
also provides food and transportation supplements to poor families and families with many chil-
1335
The ILO estimated that 0.14 percent of children between the ages 10 and 14 were working in 1999.
See World Development Indicators 2001 (Washington, DC: World Bank, 2001) [hereinafter World
Development Indicators 2000] [CD-ROM].
1336
In 1998, the National Task Force for Children (NTFC) presented the major findings of its pilot study
on child labor in Jordan. The NTFC reported that the majority of working children in Jordan were em-
ployed on the farm, in crafts, and in trade and noted that 42 percent of employed children worked over 49
hours per week. The NTFC estimated that 75 percent of these children worked only during the summer
but indicated that they were exposed to occupational hazards and physical abuse. See U.S. Embassy–
Amman unclassified telegram no. 1460, February 1998 [hereinafter unclassified telegram 1460]. See also
“Queen Chairs Round Table on Child Labour in Jordan,” Jordan Times, February 14, 1998, at http://
www.jordanembassyus.org/021498005.htm, and UN Committee on the Rights of the Child, Consideration
of Reports Submitted by States Parties Under Article 44 of the Convention, Periodic Reports of States
Parties Due in 1998, Addendum, Jordan CRC/C/70/Add. 4, September 13, 1999 [hereinafter Periodic
Reports Submitted by States Parties].
1337
Children also have been reported working on the streets of Zarqa and Irbid. In many of these cases,
the children provide the only means of income for the family. See U.S. Embassy–Amman unclassified
telegram no. 4578, June 1999 [hereinafter unclassified telegram 4578]. See also Country Reports on
Human Rights Practices for 2000—Jordan (Washington, D.C.: U.S. Department of State, 2001) [hereinaf-
ter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/nea/836.htm, and UN
Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under Article
44 of the Convention, Concluding Observations of the Committee on the Rights of the Child, Jordan,
CRC/C/15/Add. 125, June 2, 2000.
1338
Unclassified telegram 4578.
1339
In 1988, education was made compulsory for citizens ages 6 to 16. Beginning in the 2000-2001 school
year, kindergarten education also was made mandatory in both government and private schools. However,
the Government of Jordan has refused to allow Iraqi children to attend school unless they are legal
residents or are recognized as refugees by the United Nations High Commissioner for Refugees. See
unclassified telegram 3340. See also Country Reports 2000 at Section 5.
1340
Unclassified telegram 3340. See also “Education in Jordan”; Periodic Reports Submitted by States
Parties; and “IWRAW Country Reports: Jordan,” IWRAW Publications, at http://www.igc.org/iwraw/
publications/countries/jordan.html.
185
dren in order to make education more affordable.1341 In 1997, the gross primary enrollment rate
was 70.6 percent, and in 1995, the net primary enrollment rate was 67.5 percent.1342
In 1996, the Labor Code was amended to raise the minimum legal working age from 13 to
16.1343 According to the Labor Code, children under 17 are prohibited from working in dangerous
and hazardous jobs.1344 Children under the age of 18 are not allowed to work more than six hours
per day, and they may not work during evenings, weekends, or holidays.1345 Before hiring a minor,
a prospective employer must obtain a guardian’s written approval, the minor’s birth certificate, and
a health certificate.1346 An employer found in violation of the above requirements must pay a fine
ranging from 100 to 500 dinars (USD 142 to 710), with a doubling of the fine for repeat of-
fenses.1347 The Criminal Code bans the procurement of females under the age of 20 for the purpose
of prostitution.1348 A 1926 law specifically prohibits the trafficking of children.1349 Jordan ratified
ILO Convention 138 on March 23, 1998 and ILO Convention 182 on April 20, 2000.1350
1341
Country Reports 2000 at Section 5 and unclassified telegram 3340.
1342
World Development Indicators 2001.
1343
Labour Code [hereinafter Labour Code], Law No. 8 of 1996, Chapter VIII, Section 73, at http://
www.natlex.ilo.org/txt/E96JOR01.htm.
1344
Ibid. at Section 74.
1345
Ibid. at Section 75.
1346
Ibid. at Section 76.
1347
At present, the Government of Jordan has 85 general labor inspectors who are also tasked with
investigating child labor investigations. See Labour Code at Chapter VIII, Section 77. See also unclassi-
fied telegram 4670. Currency conversion at http://www.carosta.de/frames/convert.htm on 1/25/02.
1348
The Protection Project, Commercial Sexual Exploitation of Women and Children: A Human Rights
Report—Jordan, The Protection Project, at http://www.protectionproject.org.
1349
Country Reports 2000 at Section 6d.
1350
ILOLEX database: Jordan at http://ilolex.olo.ch:1567.
NOTE: Hard copies of all Web citations are on file.
186
Kazakhstan
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that less than 1 percent of children between the ages of 10 and
14 in Kazakhstan was working.1353 Homeless and abandoned children are found working on the
streets selling newspapers, begging, or working in bazaars.1354 Children also work on family farms,
and parents bring their children to work alongside them in bazaars or markets.1355 Although the
scope of the problem is unknown, local media reports indicate that the prostitution and trafficking
of children occurs.1356
1351
U.S. Embassy–Almaty, unclassified telegram no. 8731, September 2000 [hereinafter unclassified
telegram 8731].
1352
S. Bereshev and J. Windell, Child Labour in Kazakstan, report prepared for ILO-IPEC, 19, September
1997 [hereinafter Bereshev and Windell, Child Labour]. UNICEF is implementing a public awareness
campaign on the rights of the child, in addition to running a major health and education program in
Kazakstan, Turkmenistan, and Uzbekistan. See A. Bauer, N. Boschmann, D. Jay Green, and K. Kuehnast,
“A Generation at Risk, Children in the Central Asian Republics of Kazakstan and Kyrgyzstan” (Asian
Development Bank, April 1998) [hereinafter Bauer et al., “A Generation at Risk”], at 128.
1353
The 1999 ILO Yearbook of Labor Statistics reported that 0.1 percent of the population between ages
10 and 14 were working. According to the ILO, 1,278 children were working. See ILO, Yearbook of Labor
Statistics, 1999: Kazakhstan (Geneva, 1999).
1354
Bauer et al., “A Generation at Risk”, 39 and 108. See also Bereshev and Windell, Child Labour, and
unclassified telegram 8731.
1355
Bauer et al., “A Generation at Risk,” at 39.
1356
A survey of school-age girls in Almaty suggested that prostitution is regarded as an acceptable
profession given serious economic problems in the family. See Bauer et al., “A Generation at Risk,” 114-
115. Regionally, child prostitution and trafficking for sexual exploitation are of concern, but there are no
official reports of such activity. In 2001, the Kazakhstan Today News Agency reported on a medical
investigation revealing venereal diseases in children as young as ages 10 to 11, who were confirmed
victims of sexual exploitation under the cover of tourism. See Cheryl Eichorn, U.S. Department of State,
electronic correspondence to USDOL official, October 23, 2001 [correspondence on file].
187
School is free and compulsory through the secondary level, from grades one through nine,
or up to the age of 14 years, under the Education Law.1357 In 1996, the gross primary enrollment
rate was 97.8 percent.1358 However, since 1991, government resources for education have declined
by over 50 percent. In 1994-95, a lack of funds, mainly for transportation, led to the closure of 558
schools.1359
The Labor Law sets the minimum age for employment at 14 years during non-school hours
with the authorization of a parent or guardian.1360 Children over the age of 16 years may indepen-
dently sign work contracts.1361 Children under 18 years old are prohibited from working in danger-
ous conditions, overtime work, night work, and for excessive hours.1362 The government has pub-
lished a list of over 2,000 occupations considered to be harmful or hazardous, and thereby prohibited
for children under 18 years old.1363 State labor inspectors are responsible for following up on labor-
related complaints, conducting random inspections, and levying steep fines for labor law violations,
but reports indicate that regulations are inadequately enforced.1364 The Constitution prohibits forced
labor, except upon the sentence of a court or in a state of emergency.1365 Involving a minor in
prostitution, begging, or maintaining a brothel is illegal under the Criminal Code.1366 Kazakhstan
ratified ILO Convention 138 on May 18, 2001, but has not ratified ILO Convention 182.1367
1357
Secondary school runs through grade nine, or age 14, at which point high school commences for
grades 10 and 11, finishing when students are age 15 or 16. See unclassified telegram 8731. See also the
Constitution of the Republic of Kazakhstan [hereinafter Constitution of the Republic of Kazakhstan],
Article 30, at http://www.president.kz/articles/state/state_container.asp?Ing’eng&art’constitution on 10/
22/01.
1358
World Development Indicators 2001 (Washington, D.C.: World Bank Group, 2001) [CD-ROM].
1359
Bauer et al., “A Generation at Risk,” at 48.
1360
Bereshev and Windell, Labour Code, Article 210, as cited in Child Labour, Appendix IV. See also U.S.
Embassy–Almaty, unclassified telegram no. 6573, October 2001 [hereinafter unclassified telegram 6573].
1361
Unclassified telegram 6573.
1362
Children between ages 16 and 18 may not work more than 35 hours per week. Children between ages
15 and 16 (or 14 and 16 years during non-school periods) may not work over 21 hours per week. See
Labour Code, Articles 211-217, as cited in Bereshev and Windell, Child Labour, Appendices III and IV.
See also unclassified telegram 6573.
1363
Bereshev and Windell, Child Labour,. See also unclassified telegram 6573.
1364
According to the Administrative and Criminal Codes, fines for violations of labor codes range from 50
MCU (USD 250) to 5,000 MCU (USD 25,000) and/or imprisonment, depending on damages to a worker’s
health. See unclassified telegram 6573. See also Bereshev and Windell, Child Labour.
1365
Constitution of the Republic of Kazakhstan at Article 24.
1366
Human Rights Report on Trafficking of Women and Children: Kazakhstan, The Protection Project, at
http://www.protectionproject.org. See also unclassified telegram 8731.
1367
ILOLEX database: Kazakhstan at http://ilolex.ilo.ch:1567/english/ on 10/22/01.
NOTE: Hard copies of all Web citations are on file.
188
Kenya
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1992, the Government of Kenya became one of the six original countries to participate
in ILO-IPEC. Since then, 67 action programs on child labor have been launched targeting domestic
service, cross-border trade, quarries and mines, fishing, construction, and the hotel and tourism
industries. Kenya is also a part of an ILO-IPEC regional program funded by USDOL to prevent,
withdraw, and rehabilitate children engaged in hazardous work in the commercial agriculture
sector in East Africa.1368 In all, some 7,000 children have received assistance through ILO-IPEC
child labor programs.1369 In 2000, the government conducted a child labor survey with technical
assistance from ILO-IPEC’s SIMPOC.1370
UNICEF is also active in Kenya, working to help formulate policy on issues affecting
children, and monitoring and evaluating public sector and civil society child labor efforts. Since
1999, UNICEF and the Government of Kenya have implemented a project for children in need of
special protection, focusing on street children.1371
To promote girls’ education, in 1995 the government created a gender unit within the
Ministry of Education that works with other ministries within the government, with NGOs, and
community leaders. In addition, the Ministry of Education has worked with UNICEF on a girl
child program, which aims to close the gender gap in education.1372
In 2000, a child labor survey conducted by the Kenyan Central Bureau of Statistics in
cooperation with ILO-IPEC estimated that 18 percent of children between the ages of 5 and 17 in
Kenya were working.1373 According to the ILO, 57.6 percent of child laborers work in commercial
or subsistence agriculture and fishing, and 17.9 percent as domestic workers.1374 Children also
1368
ILO-IPEC, Regional Programme on the Prevention, Withdrawal and Rehabilitation of Children
Engaged in Hazardous Work in the Commercial Agriculture Sector in Africa, project document (Geneva,
2000) [on-file].
1369
ILO-IPEC, Kenya Country Program 1992-2001, at Introduction: Brief Profile of Activities (Nairobi,
May 2001) [hereinafter Profile of Activities] at 1.
1370
Ibid.
1371
UNICEF-Kenya, Country Project Proposals, 1999-2003 (Nairobi: UNICEF, October 1998), 31-44.
1372
Education for All (EFA 2000) Assessment of Progress, Kenya Country Report (Nairobi: Ministry of
Education and Human Resource Development, 1999) [hereinafter EFA Assessment], at 30.
1373
Profile of Activities.
1374
Ibid., at Introduction.
189
work in construction, wholesale and retail trade, mining, and manufacturing, particularly in textile
mills and chemical factories.1375 Children employed in the hotel industry and street children are
often drawn into commercial sex work.1376 Street children are often engaged in odd jobs in the
informal sector, prostitution, or various illegal activities often under the control of organized
criminal groups. 1377 Nearly half of the jobs that children perform are in the informal sector. Cases
of forced labor, in which children are loaned out to creditors to pay off family debt, have also been
documented in Kenya. 1378
Education is compulsory for eight years, between the ages of 6 and 14.1379 In 1989, it
replaced its free system of education with a “cost sharing” system in which students pay both
tuition and other associated schooling costs.1380 In 1995, the gross primary enrollment rate was
84.9 percent.1381 There is gender parity in terms of enrollment and attendance in Kenya. Of stu-
dents enrolled in primary school in 1997, 46 percent completed the fifth grade, and 45 percent of
those completing primary school transitioned to secondary school.1382
The Employment Act of 1976 sets the minimum age for employment in industrial under-
takings at 16 years; however, the law does not apply to children working in the agriculture sector
or to children serving as apprentices.1383 The Employment Act prohibits the employment of
children in mines, quarries and other works for the extraction of any substance from or under the
surface of the earth, factories, construction sites, the transportation of passengers or goods, and
open cast or sub-surface employment. The Employment (Children) Rules of 1977 sets establish
1375
Republic of Kenya, Ministry of Education, and ILO-IPEC, Action Program on Child Labor: Capacity
Building for the Ministry of Education to Address the Problem of Child Labor Related Drop Out in
Primary Schools in Kenya, final report (Nairobi: Ministry of Education, 1997) [hereinafter Action Pro-
gram on Child Labor], 60-71.
1376
Ibid. at 69, 70.
1377
Ibid. at 70.
1378
Country Reports on Human Rights Practices for 2000—Kenya (Washington, DC: U.S. Department of
State, January 2000) [hereinafter Country Reports 2000], Section 6e, at http://www.state.gov/g/drl/rls/
hrrpt/2000/af/index.cfm?docid’841.
1379
UNESCO, “Kenya—Education System: Structure of Education System,” at www.unesco.org/iau/cd-
data/ke.rtf on 3/18/01.
1380
Country Reports 2000 at Section 5.
1381
World Development Indicators 2001 (Washington D.C.: World Bank, 2000) [CD-ROM].
1382
EFA Assessment, 27, 28.
190
policies for the employment of children in permissible sectors and industries.1384 Industrial child
labor is also prohibited by the Employment of Women, Young Persons and Children Ordinance of
1948, which establishes procedures for prohibiting child labor in industrial sectors.1385 The Consti-
tution prohibits slavery, servitude and forced labor.1386
The Ministry of Labor and Human Resource Development’s Child Labor Unit and District
Children’s Advisory Committees, are involved in administering child labor laws.1387 There are
more than 80 Directorate of Occupational Health and Safety Services inspectors and 140 Ministry
of Labor officers who have been trained in the detection and reporting of child labor. However, the
number of inspectors is reported to be insufficient, and fines are not high enough to effectively
deter employers from utilizing children under the minimum age.1388 Kenya ratified ILO Conven-
tion 138 on April 9, 1979 and ILO Convention 182 on May 7, 2001.1389
1384
Federation of Kenya Employers (FKE), “FKE Guidelines on Employment of Children” (Nairobi:
Federation of Kenya Employers, 1996). See also Benson Oyuga, Collette Suda, and Afia Mugambi, A
Study of Action Against Child Labour in Kenya: Towards a Best Practice Guide on Sustainable Action
Against Child Labour for Policy Makers (Nairobi: ILO-IPEC, 1997), 27. See also U.S. Embassy–Nairobi,
unclassified telegram no. 7028, November 2001 [hereinafter unclassified telegram 7028].
1385
Sweat and Toil, vol. V, 9, 10.
1386
Constitution of Kenya, Revised Edition 1998, Article 73, at http://kenya.rcbowen.com/constitution/ on
1/17/01.
1387
Profile of Activities at 1.
1388
Unclassified telegram 7028.
1389
ILOLEX database: Kenya at http://ilolex.ilo.ch: 1567/scripts/ratifce.pl? C182.
NOTE: Hard copies of Web citations are on file.
191
Kiribati
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Kiribati developed the National Development Strategy for 2000-2003
to promote access to education, which includes the provision of universal education at little or no
direct cost to parents throughout Kiribati, including the outer islands of Teraina and Tabuaeran.1390
UNICEF is also active in Kiribati implementing child and youth advocacy projects.1391
Statistics on the number of working children under the age of 15 in Kiribati are not
available. Some children who are not in school are reported to work in the informal sector, either in
small-scale enterprises or in their homes.1392
Education is free and compulsory from age 6 to 14, which includes primary school through
grade six, and Junior Secondary School for three additional grade levels.1393 In 1998, the gross
primary enrollment rate was 84.4 percent, and net primary enrollment rate was 70.7 percent.1394
School quality and access to education are better in urban areas; schools in small communities on
isolated islands are expensive to maintain.1395
The minimum age for employment is 14 years, and children under 16 years are prohibited
from industrial employment or jobs aboard ships.1396 The Constitution prohibits forced labor,1397
1390
“Kiribati Education Policy: National Development Strategies 2000-2003” at http://
www.janeresture.com/kiribati_edupolicy on 12/3/01.
1391
“UNICEF Assistance to Pacific Island Countries, Kiribati,” at http://www.undp.org.fj/un/UNICEF/
UNICEF_PIC.htm on 12/3/01.
1392
Informal sector economic activities in the Pacific Islands include small-scale agriculture in rural areas
and small enterprises or domestic services in urban areas. The informal sector is not widely visible in
Pacific island towns, because much of the activity is home-based. This makes it particularly difficult to
monitor the extent of child labor practices. See Pacific Human Development Report 1999: Creating
Opportunities, UNDP Document [hereinafter Pacific Report], 42, 80-81, at http://www.undp.org.fj/phdr/
on 12/3/01.
1393
Jennifer L. Brush, Deputy Chief of Mission, U.S. Embassy–Majuro, electronic correspondence to
ICLP official, December 5, 2001, 6.
1394
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
1395
Pacific Report at 41.
1396
Country Reports on Human Rights Practices for 2000—Kiribati (Washington, D.C.: U.S. Department
of State, 2000) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/eap/index.cfm?docid’718.
192
and the Penal Code criminalizes the procurement of girls under 18 years of age for the purpose of
sexual relations.1398 The Penal Code also bans parents or guardians from prostituting children
under 15 years old.1399 The Penal Code prohibits the procurement of girls under the age of 18, and
establishes a penalty of two years imprisonment for offenses.1400 Child labor laws are enforced by
the Ministry of Commerce, Industry, and Employment.1401 Kiribati has not ratified either ILO
Convention 138 or ILO Convention 182.1402
1397
Constitution of Kiribati, Chapter 2, Article 6, at http://www.vanuatu.usp.ac.fj/paclawmat/
Kiribati_legislation/Kiribati_Constitution.htm on 11/28/01.
1398
Kiribati Penal Code (1977) [hereinafter Penal Code], Article 136, at http://www.vanuatu.usp.ac.fj/
Paclawmat/Kiribati_legislation/Consolidation_1977/Kiribati_Penal_Code.html1 on 11/28/01.
1399
Penal Code at Articles 141, 143.
1400
Criminal Code, Article 136, as cited in Human Rights Report: Kiribati, The Protection Project
Database at www.protectionproject.org.
1401
Ibid.
1402
ILOLEX database: Kiribati at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 12/3/01.
NOTE: Hard copies of all Web citations are on file.
193
Kyrgyzstan
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Kyrgyzstan has made efforts to improve the educational sector
through various national programs. The Asian Development Bank supported the Bilim project,
which included measures to ensure access to schools among poor populations and rehabilitate
school facilities,1403 and Araket and Jetkincheck are government education programs that provide
school supplies or other educational benefits for low income families.1404 The IOM, with funding
from USAID, is implementing an anti-trafficking program in cooperation with government minis-
tries to raise awareness, educate potential victims, and initiate a preventive action plan. 1405
Statistics on the number of working children under the age of 15 in Kyrgyzstan are un-
available. Children are reportedly found selling newspapers, cigarettes and candy, washing cars, or
working in bazaars. 1406 In southern rural areas, children work in mines; they are pulled out of
school to harvest cotton; and during the summer, when school is out, they work on commercial
tobacco farms.1407 Child labor is also found on family farms and in family enterprises such as
shepherding or selling products at roadside kiosks.1408 Children are reported to work as prostitutes
in Bishkek, and girls as young as 13 years are trafficked to countries including the United Arab
Emirates, Turkey, China, Russia, Germany, and Kazakhstan, to name a few.1409
1403
A. Bauer, N. Boschmann, D. Jay Green, and K. Kuehnast, “A Generation at Risk, Children in the
Central Asian Republics of Kazakstan and Kyrgyzstan” (Asian Development Bank, April 1998) [hereinaf-
ter Bauer et al., “A Generation at Risk”], at 120.
1404
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports—Kyrgyz Republic [herein-
after EFA 2000 Assessment] at http://www2.unesco.org/wef/countryreports/kyrgyz/contents.html on 10/22/
01. See also Country Reports on Human Rights Practices for 2000—Kyrgyzstan (Washington, D.C.: U.S.
Department of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/
rls/hrrpt/2000/eur/index.cfm?docid’807.
1405
“Selected USAID Anti-Trafficking Efforts in Central Europe and the Former Soviet Union,” USAID’s
Women in Development Publications, September 2001, at http://www.genderreach.com/pubs/trafficking/
ee.htm on 10/23/01.
1406
Country Reports 2000, Section 6d. See also “Kyrgyzstan: IRIN Focus on Street Children in Bishkek,”
Integrated Regional Information Networks, July 6, 2001 [hereinafter “IRIN Focus on Street Children”], at
http://www.reliefweb.int/IRIN/asia/countrystories/kyrgyzstan/200010706.phtml on 10/22/01.
1407
Country Reports 2000 at Section 6d and UN Committee on the Rights of the Child, Consideration of
Reports Submitted by States Parties Under Article 44 of the Convention: Concluding Observations of the
Committee on the Rights of the Child, Kyrgyzstan, CRC/C/15/Add. 127 (Geneva: August 9, 2000) [herein-
after Concluding Observations], para. 55. See also UN Committee on the Rights of the Child, Consider-
ation of Reports Submitted by States Parties Under Article 44 of the Convention: Initial Reports of States
Parties Due in 1996, Kyrgyzstan, CRC/C/41/Add. 6 (Geneva, December 20, 1999) [hereinafter Initial
Reports of States Parties], para. 81.
1408
Country Reports 2000 at Section 6d.
1409
“Kyrgyzstan: Poverty Fuels Trafficking in Women and Girls,” Integrated Regional Information
194
The Constitution establishes free and compulsory education up to the secondary level,
which is generally completed by the age of 14.1410 In 1995, the gross primary enrollment rate was
104.1 percent, and the net primary enrollment rate was 94.6 percent.1411 The current economic
crisis and declining family incomes has led to an increase in the number of children who drop out
of school and take up work.1412
The Labor Code sets the minimum age for employment at 16 years. However, work may
begin at age 14, so long as children obtain the consent of parents or guardians and the work does
not interfere with school attendance or pose a threat to their health and development.1413 The Labor
Code prohibits children under 18 years from working overtime hours or at night.1414 Hazardous
work is prohibited for children under 18 years of age.1415 Both the Constitution and the Labor Law
prohibit forced labor.1416 The Criminal Code prohibits the recruitment of individuals for exploita-
tion, trading or selling of children, and coercion into prostitution.1417
According to the IOM, weak legislation and a lack of coordination between government
ministries results in the prosecution of few crimes related to the trafficking of people.1418 Compli
195
ance with labor legislation is monitored by state health agencies, trade unions, government
departments, and commissions for minors.1419 The Government of Kyrgyzstan ratified ILO Con-
vention 138 on March 31, 1992, but has not ratified ILO Convention 182.1420
1419
Labor Code at Article 321. See also Initial Reports of States Parties at para. 262.
1420
ILOLEX database: Kyrgyzstan at http://ilolex.ilo.ch:1567/english/ on 10/22/01.
NOTE: Hard copies of all Web citations are on file.
196
Latvia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Latvia has initiated a National Program for Preventing Sexual Vio-
lence Against Children for 2000-2004,1421 and it is cooperating with the Baltic and Eastern Euro-
pean governments to combat regional organized crime groups that engage in trafficking or prostitu-
tion.1422 In 1995, the Ministry of Education and Science established a Children’s Rights Protection
Center to coordinate regional children’s assistance centers and provide teaching and informative
materials on legal instruments pertaining to the rights of children.1423 In addition, several interna-
tional organizations have programs that support children. The UNDP has a Project for the Preven-
tion of Adolescent Trafficking to promote a coordinated government strategy to prevent traffick-
ing,1424 and the World Bank Group is providing the Government of Latvia with a loan to
implement an Education Improvement Project.1425
1421
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties
Under Article 44 of the Convention: Concluding Observations of the Committee on the Rights of the
Child, Latvia, CRC/C/15/Add. 142 at para. 5, (Geneva, January 26, 2001) [hereinafter Concluding
Observations].
1422
Latvia is involved with the Special Task Force of the Baltic Sea States, which combats regional
organized crime, holds training on related issues, and coordinates the protection of witnesses and victims.
Latvia has also signed bilateral agreements with Belarus, Estonia, Lithuania, Kyrgyzstan, Russia,
Moldova, Poland, Ukraine, and Uzbekistan to implement mutual legal assistance measures. See
Kamenska, “Trafficking in Women,” at 14.
1423
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties
Under Article 44 of the Convention: Initial Reports of States Parties Due in 1994, Latvia, CRC/C/11/Add.
22 (Geneva, March 22, 2000) [hereinafter Initial Reports of States Parties], para. 30.
1424
Although their awareness-raising effort does not have a direct connection to government agencies,
UNICEF is working throughout Latvia to educate teachers about children’s rights and to provide them
with training materials for their students. See Project for the Prevention of Adolescent Trafficking, project
document submitted in electronic correspondence from Laura Kauppila, UNDP Latvia Project Manager, to
USDOL official. See also UNDP, Project for the Prevention of Adolescent Trafficking, at http://
www.bctest.deac.lv/undp/proj_en.php?SUBACT’SHOW&ID’52 on 11/16/01, and UNICEF, UN Conven-
tion on the Founding Principles of Child Rights for the Education System in Latvia, at http://www.un.lv/
unicef/English/Projects/Konv_eng.htm on 11/16/01.
1425
The World Bank’s 5-year, USD 40 million project will provide school building and structural repairs,
improve the quality of education, and strengthen the capacity of the Ministry of Education and Science.
See “Latvia—Education Improvement Project,” World Bank Group Project Information Document
[hereinafter “Education Improvement Project”], at http://www.wds.worldbank.org on 11/16/01.
197
Incidence and Nature of Child Labor
Statistics on the number of working children under the age of 15 in Latvia are unavailable.
However, the commercial sexual exploitation of children is known to exist.1426 Prostitution by both
boys and girls is a significant problem, particularly in rural areas, near borders, and in Riga.1427 An
estimated 12 to 15 percent of prostitutes in Latvia are between the ages of 8 and 18.1428 Girls from
Latvia are trafficked to countries in Western Europe, including Germany, Switzerland, Denmark,
Spain, Greece, Italy, and UK for the purposes of sexual exploitation.1429 There are also reports of
child involvement in the production of pornography.1430 A 1997 UNICEF study estimated that 24
percent of children who live on the streets do so in order to make money through various activities,
including begging.1431
Education is free and compulsory until the age of 15, or through the completion of primary
school.1432 In 1996, the gross primary enrollment rate was 95.8 percent, while the net primary
enrollment rate was 89.5 percent.1433 The number of children who do not attend primary school is
increasing.1434 In rural areas, a number of schools have been closed.1435
1426
Concluding Observations. See also Country Reports on Human Rights Practices for 2000—Latvia
(Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000] at http://
www.state.gov/g/drl/rls/hrrpt/2000/eur/ and Swedish International Development Agency, Looking Back,
Thinking Forward: Fourth Annual Report on the Implementation of the Agenda for Action Adopted at the
First World Congress against Commercial Sexual Exploitation of Children in Stockholm, Sweden, August
28, 1996 [hereinafter Looking Back, Thinking Forward], 131.
1427
Looking Back, Thinking Forward, 132.
1428
Country Reports 2000 at Section 5.
1429
There are no official estimates of the number of trafficking cases. However, Swiss police reported that
nearly half of the registered prostitutes in one of the country’s 27 cantons were Latvian. In addition, a
Swedish foundation reported that the majority of trafficked women in both Sweden and Denmark were
from the Baltic States. See Kamenska, “Trafficking in Women”, 13, 14. See also Gillian Caldwell, Steven
Galster, and Nadia Steinzor, “Crime and Servitude: An Exposé of the Traffic in Women for Prostitution
From the Newly Independent States,” Global Survival Network, 1997, 10.
1430
Looking Back, Thinking Forward, 132.
1431
An undetermined number of children live in the streets in Latvia. According to a government report,
research indicates that about 15 percent of child beggars were forced to work by their parents. See
Concluding Observations at para. 49. See also “Street Children Program,” King Baudouin Foundation, at
http://www.ielasberni.lv/english/ on 11/16/01, and Initial Reports of States Parties, para. 237.
1432
Initial Reports of States Parties at para. 38.
1433
World Development Indicators for 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
1434
Initial Reports of States Parties at para. 202. See also Country Reports 2000 at Section 5
1435
School infrastructure has severely deteriorated. Few investments have been made in teacher training.
The financial burden of maintaining and improving schools has fallen heavily on municipalities rather
than on the central government, which is burdening local communities with excessive costs. See Conclud-
ing Observations at para. 43. See also “Education Improvement Project”.
198
Child Labor Laws and Enforcement
The Latvian Labor Code establishes 15 years as the minimum age for general employ-
ment, although children over 13 years of age may work in light jobs that are not harmful to their
health and morals, if they do not interfere with school, and if the child has permission from a
parent or guardian.1436 According to the Labor Code, children under 18 years may not be employed
in jobs requiring heavy labor, night-time or overtime work, or under conditions that are hazardous
to health or morals.1437 The Constitution prohibits forced labor, unless it is required by a court
order or in the case of a disaster.1438 Approved in May 2000, Article 165 of the Criminal Code
prohibits sending a person to a foreign country for the purpose of sexual exploitation and serves as
Latvia’s primary anti-trafficking legislation.1439 The Cabinet of Ministers also adopted Regulations
on the Restriction of Prostitution in 1998, which prohibits juveniles from engaging in prostitu-
tion.1440 Additionally, the Criminal Code prohibits the procuring, inducing, or compelling of a
minor to commit prostitution.1441
Latvia has not ratified ILO Convention 138 or ILO Convention 182.1442
1436
The Council of Ministers approves a list of jobs that are prohibited for children under age 15. See
Latvia Labour Code, amended March 17, 1992 [hereinafter Latvia Labour Code], Section 180, as found
on Natlex database at http://www.natlex.ilo.org/txt/E94LVA01.htm on 11/16/01.
1437
The Council of Ministers also approves the list of heavy or hazardous jobs. A state labor inspectorate
was established by the government to monitor work conditions. If a violation of child labor laws should
occur, the government agency will investigate the report and, if necessary, forward the case to state courts.
See Latvia Labour Code at Sections 182, 184, 186. See also U.S. Embassy–Riga, unclassified telegram no.
1381, October 2001.
1438
Constitution of Latvia, February 15, 1922, Article 106, at http://www.uni-wuerzburg.de/law/
lg00000_.html#C008 on 11/15/01.
1439
Because it is relatively new, the effectiveness of Latvia’s trafficking legislation has not yet been tested.
In general, fear of retribution from traffickers makes victims extremely reluctant to testify. In addition,
victims report dissatisfaction with police handling of cases, which often prevents them from seeking
immediate police assistance. Article 152, which prohibits illegal deprivation of liberty, and Article 153,
which prohibits kidnapping, can also be used to prosecute trafficking. See Latvia Criminal Code, Articles
152, 153, 165, as cited in Kamenska, “Trafficking in Women,” at 3, 4, 6, 18.
1440
Anhelita Kamenska, “Trafficking in Women—Latvia,” Latvian Center for Human Rights and Ethnic
Studies (IOM: 2001) [hereinafter Kamenska, “Trafficking in Women”], at 4.
1441
Latvia Criminal Code, Articles 164, 165, as cited in Kamenska, “Trafficking in Women,” at 5.
1442
ILOLEX database: Latvia at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 11/19/01.
199
Lebanon
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 2000, UNICEF estimated that 45 percent of children between the ages of 5 and 14 were
working in Lebanon.1437 Children are employed in the assembly of electrical and electronic equip-
ment, in the production of textiles, in the preparation of food products, in the furniture trade, and in
the fashion industry.1438 Working children also serve as miners, stone cutters, fishermen, and
agricultural laborers.1439 There are no indications that children served in the government armed
forces. However, before the Israeli withdrawal from South Lebanon in June 2000, the armed
militias of both sides, Hezbollah and the South Lebanese Army, reportedly conscripted youth
1434
ILO-IPEC, International Programme on the Elimination of Child Labour: Programme Countries, at
http://www.ilo.org/public/english/standards/ipec/about/countries/t_country.htm.
1435
U.S. Embassy–Beirut, unclassified telegram no. 3532, September 2000 [hereinafter unclassified
telegram 3532].
1436
The National Plan focuses on preventing children from entering the labor market at an early age,
protecting children who entered the labor market from exploitation and harm, and raising awareness of the
issue. See UN Committee on the Rights of the Child, Consideration of Reports Submitted by States
Parties Under Article 44 of the Convention: Second Periodic Reports of States Parties Due in 1998,
Addendum, Lebanon, CRC/C/70/Add. 8 (Geneva, September 2000) [hereinafter Second Periodic Reports],
at 54. See also unclassified telegram 3532, and ILO, The Effective Abolition of Child Labour (Geneva,
2000) [hereinafter Effective Abolition of Child Labour], 306.
1437
Preliminary Report on the Multiple Cluster Survey on the Situation of Children in Lebanon (Lebanon:
Central Bureau of Statistics and UNICEF, February 2001). See also Multiple Indicator Cluster Survey 2 at
http://www.ucw-project.org.
1438
Second Periodic Reports, 126.
1439
The Union of Southern Tobacco Growers estimates that roughly 25,000 children ages 7 to 14 work in
the tobacco fields during cultivation and harvesting. Ninety percent of these child agricultural laborers
work for their families. See Second Periodic Reports at 118, 126.
200
under 18 as soldiers.1440 There also have been reports of child prostitution,1441 as well as bonded
child labor.1442
On March 16, 1998, the Government of Lebanon adopted legislation providing compul-
sory primary school education, which is currently to the age of 12.1443 The cost of education at the
primary and secondary levels is problematic for the lower and middle classes in Lebanon. Tuition
fees range from USD 40 to 80 per year for public schools, USD 500 in semi-private schools, and
USD 1,000 to 6,000 in private schools.1444 The Government of Lebanon provides poor families
with an allowance of 10,000 Lebanese pounds (USD 7) to cover part of the public school fees.1445
In 1996, the gross primary enrollment rate was 110.7 percent, and the net primary enrollment rate
was 76.1 percent.1446 Roughly 3 percent of Lebanese children aged 10 to 17 are illiterate, and 3
percent are semi-illiterate.1447
1440
The minimum age for official military service is 18. Hezbollah allegedly recruited children as young
as 10 years old into its organization. Witnesses have stated that youth between ages 14 and 17 joined the
South Lebanese Army (SLA) voluntarily or by force. Many families allegedly were expelled from South
Lebanon when their children tried to desert the SLA. Since the Israeli withdrawal, the SLA has disbanded,
and Hezbollah supposedly has ceased child recruitment. See Coalition to Stop the Use of Child Soldiers,
Global Report 2001: Lebanon (London, May 2001), at http://www.child-soldiers.org. See also Human
Rights Watch, Persona Non Grata: The Expulsion of Civilians from Israeli-Occupied Lebanon (New
York, July 1999), at http://www.hrw.org/reports/1999/lebanon/index.htm.
1441
Between 1993 and 1996, Internal Security Forces reported 23 cases of solicitation and prostitution of
minors under age 18. A report by Deutsche Presse—Agentur asserted that runaway Lebanese children, as
young as 12 years old, were being forced into prostitution. See Second Periodic Reports at 148. See also
Human Rights Report on Trafficking of Women and Children, Lebanon, The Protection Project Database
[hereinafter Human Rights Report], at http://www.protectionproject.org.
1442
Country Reports on Human Rights Practices for 2000—Lebanon (Washington, DC: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6c, at http://www.state.gov/g/drl/rls/hrrpt/
2000/nea/800.htm.
1443
Decree No. 686, as cited in Second Periodic Reports at 60.
1444
Unclassified telegram 3532. See also Second Periodic Reports at 61.
1445
Unclassified telegram 3532. Currency conversion at http://www.carosta.de/frames/convert.htm on 1/29/02.
1446
World Development Indicators 2001 (Washington, DC: World Bank, 2001) [CD-ROM]. The 1996
Survey of Population and Housing placed the gross primary enrollment rate at 97 percent, with intermedi-
ate and secondary gross enrollment figures at 88 percent and 58 percent, respectively. The net primary
enrollment rate was 83 percent. In addition, the 1996 Survey and Population and Housing found that
25,354 children between ages 6 and 18 never attended school, including 11,953 children in the 6 to 11 age
group. See also Second Periodic Reports at 62.
1447
Second Periodic Reports at 69, 70.
201
Child Labor Laws and Enforcement
The Labor Code of 1996 sets the minimum age for employment at 13 years.1448 Children
under 15 are prohibited from working in industrial enterprises, which are physically demanding or
detrimental to their health, and youth below the age of 16 may not participate in dangerous work or
work which may endanger their life, health, or morals.1449 Children under age 18 are not allowed to
work more than 6 hours a day and are prohibited from working overtime.1450 In addition, children
under 18 may not work in the evenings, during daily or weekly rest periods, or during holidays.1451
Adolescents between ages 13 to 18 must pass a medical examination to ensure that they can
undertake the work for which they are to be engaged, and the prospective employer must request
the identity card of the child to verify his/her age.1452 The Penal Code bans the procurement of
females under the age of 21 for prostitution, with a penalty of imprisonment for at least 1 year and
a fine of no less than 200,000 Lebanese pounds (USD 137).1453
1448
Code du Travail [hereinafter Code du Travail], Titre Premier, Chapitre 2, Article 22, at http://
www.natlex.ilo.org/txt/F93LBN01.htm.
1449
Decree No. 700 of May 25, 1999, lists the types of work that could endanger adolescents’ lives,
health, or morals. Children under age 16 may not work in the following areas: cold storage factories; stove
ash removal; storage and stowage in the maritime industry; textile industry; tapestry weaving; aluminum
industry; and mechanical carpentry. All children under age 17 are banned from the following work: bomb
manufacturing; power generation and transmission; reinforcements in railways; demolition; crystal or
glass industry; match manufacturing; underground work in mines and stone quarries; tanneries; transpor-
tation; handling of poisoning material; working with firemen; using derricks and digging machines;
working with dangerous or wild animals; and employment that entails working close to fire, such as in
bakeries. Employment that could jeopardize the health of adolescents is in the following areas: tobacco
manufacturing, manufacturing and use of agro-chemicals, papers and printing, the soap industry, and the
rubber industry. In addition, work in the following sectors has been determined to be harmful to the
morals of children: street commerce; courts and prisons; production or sale of alcoholic beverages;
serving as a receptionist in night clubs; bars; criminal acts; household service; and service in entertain-
ment venues such as nightclubs, casinos, circuses, and gambling. See Code du Travail at Titre Premier,
Chapitre 2, Article 23. See also unclassified telegram 3532.
1450
Decree No. 91 of June 14, 1999 amended Article 23 of the Labor Code. See unclassified telegram
3532. Also, per Decree No. 91, children under age 18 are not allowed to work between 7 p.m. and 7 a.m.
1451
Unclassified telegram 3532.
1452
Code du Travail at Titre Premier, Chapitre 2, Articles 22, 24.
1453
Article 525 of the Penal Code further provides for imprisonment of from 2 months to 2 years and a
fine from 50,000 to 500,000 pounds (USD 34 to 343) if an individual keeps a person against his/her will
in a brothel or has coerced him/her to practice prostitution. Article 503 of the Penal Code calls for 5 years
of forced labor for anyone using force or intimidation and thereby causing the victim to commit a sexual
act before marriage; the penalty is 7 years of forced labor if the victim is under age 15. See Penal Code of
Lebanon, Articles 503 and 524, as cited in “Legislation of Interpol Member States on Sexual Offences
Against Children: Lebanon,” Interpol, at http://www.interpol.int/Public/Children/SexualAbuse/National
202
The provisions of the Labor Code do not apply to domestic workers in private homes,
workers in enterprises held by their family, agricultural unions with no ties to commerce and
industry, and daily or temporary workers of government departments and municipal services.1454
Forced labor is not prohibited by law.1455 Employers and parents or guardians are to be held
responsible for any violations of labor laws concerning children,1456 and convictions of anyone
violating such laws result in fines between 2,500 and 25,000 Lebanese pounds (USD 2 to 17).1457
Lebanon has not ratified ILO Convention 138, but ratified ILO Convention 182 on September 11,
2001.1458
Laws/csaLebanon.asp. See also Penal Code of Lebanon, Article 525, as cited in The Protection Project
Database at http://www.protectionproject.org, and Human Rights Report. Currency conversion at http://
www.carosta.de/frames/convert.htm on 1/29/02.
1454
Effective Abolition of Child Labour, 303.
1455
Country Reports 2000 at Section 6c.
1456
Sentences are usually light, as it is viewed as unrealistic to impose severe penalties on families who
depend on income earned by children. However, efforts are being made to increase civil fines. See Code
du Travail at Titre Premier, Chapitre 2, Article 30. See also unclassified telegram 3532.
1457
U.S. Embassy–Beirut, unclassified telegram no. 2920, November 2001. Currency conversion at http://
www.carosta.de/frames/convert.htm on 1/29/02.
1458
ILOLEX database: Lebanon at http://ilolex.ilo.ch:1567.
NOTE: Hard copies of all Web citations are on file.
203
Lesotho
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Lesotho has established a national child labor support group including
representatives from the Ministries of Labor, Education, Social Welfare, and Youth Affairs,
members of NGOs, and trade union officials. The group is developing an action plan to address
child labor in the country.1459 The Ministry of Labor and Employment recently applied to become a
member of ILO-IPEC.1460
The government and UNICEF have several educational initiatives benefiting employed
youth and children who have dropped out of school, including the Non-Formal Education Project,
which provides literacy courses for herdboys and unemployed miners; the Early Childhood Educa-
tion Project; and the Primary Education Project, which introduced measures in 2000 to provide free
primary school education throughout Lesotho. In addition, UNICEF and the Ministry of Education
are studying the practice of livestock herding among young boys in order to develop a strategy to
address their basic education needs.1461 Save the Children Fund (UK) is also working with the
Ministry of Education to support the goal of free primary school education,1462 and the World Bank
has an on-going Education Sector Development loan project through the Ministry of Education to
increase access to schools and provide non-formal education assistance.1463
In 1999, the ILO estimated that 21 percent of children between the ages of 10 and 14 in
Lesotho were working.1464 According to a 1997 national labor force survey, boys are far more
likely to work than girls, and the majority of child labor takes place in rural areas.1465 Young boys
are frequently employed in hazardous conditions as livestock herders, either for their family or
through an arrangement whereby parents hire out boys to earn money or increase the family herd
1459
U.S. Embassy–Johannesburg, unclassified telegram no. 1406, November 2001 [hereinafter unclassi-
fied telegram 1406].
1460
U.S. Embassy–Maseru, unclassified telegram no. 422, June 2000 [hereinafter unclassified telegram
422].
1461
Ibid.
1462
Ibid.
1463
The World Bank Group, Projects and Operations: Education Sector Development Project (02), at
http://www.worldbank.org/sprojects/ on 11/15/01.
1464
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
1465
The government survey found that 19,000 children between ages 10 and 14 were working. Boys
account for 16,000 of those economically active children, compared with slightly over 2,700 girls. In
addition, the survey found that over 82 percent of working children between ages 10 and 14 were
employed in rural areas. See Ministry of Labour and Employment, Bureau of Statistics, Labour Force
Survey 1997 (Maseru: Employment Policy Formulation and Labour Market Analysis, LES/004/94,
1998), 32-34.
204
stock.1466 According to the National University of Lesotho and UNICEF, approximately 11.4
percent of boys between 6 and 15 years, one-third of whom are under 10 years of age, work as full-
time herdboys.1467 Many young girls reportedly move to urban areas to work as domestic servants
or in the commercial sex industry,1468 and urban street children wash cars, sell newspapers, carry
luggage, or perform other informal tasks.1469 It is reported that children work from home in the
footwear sector by stitching leather.1470 In addition, children orphaned because of the HIV/AIDS
epidemic may be hired out to work by their guardians, or become susceptible to other forms of
exploitation.1471
Education is not compulsory or free in Lesotho.1472 In 1996, the gross primary enrollment
rate was 107.7 percent, while the net primary enrollment rate was 69.9 percent, with higher rates
for girls than boys.1473 Many young boys involved in herding forgo even the most basic levels of
primary education.1474
1466
Boys often work at cattle posts, where they may be at risk of hunger, extreme weather, and armed
cattle rustlers. There are no formal schools at cattle posts. See Country Reports on Human Rights Prac-
tices for 2000—Lesotho (Washington, D.C.: U.S. Department of State, 2000) [hereinafter Country Reports
2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’843. See also UN
Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under Article
44 of the Convention: Initial Reports of States Parties Due in 1994, Addendum, Lesotho, CRC/C/11/Add.
20 (Geneva, July 20, 1998) [hereinafter Initial Reports of States Parties], para. 234. See also unclassified
telegram 1406.
1467
Unclassified telegram 1406. See also Initial Reports of States Parties at para. 235.
1468
Esther Sakoane, Lesotho Association of Non-Formal Education, interview by USDOL official, August
1, 2000, and UNICEF-Lesotho official interview by USDOL official, July 31, 2000.
1469
Initial Reports of States Parties at para. 231.
1470
Makatleho Nyabela, Marake Makhetha, and Elliot Ramochela, Lesotho Federation of Democratic
Unions, interview by USDOL official, August 1, 2000.
1471
According to a 2000 report by UNAIDS, there were nearly 30,000 HIV/AIDS orphans living in
Lesotho at the end of 1999. See Complementary Report on the Implementation of the UN Convention on
the Rights of the Child in Lesotho (NGO Coalition for the Rights of the Child/Save the Children U.K.,
June 2000) [hereinafter Complementary Report on the Implementation], 18, 25. See also unclassified
telegram 1406 and UNAIDS/WHO, Epidemiological Facts Sheets on HIV/AIDS and Sexually Transmit-
ted Infections: Lesotho, 2000, at http://www.unaids.org/hivaidsinfo/statistics/fact_sheets/pdfs/
Lesotho_en.pdf on 2/8/02.
1472
In 2000, a draft plan was submitted to the Ministry of Law, Constitutional and Parliamentary Affairs,
to develop a law that would prosecute parents who failed to send their children to school. See Country
Reports 2000 at Section 3. See also unclassified telegram 422 and unclassified telegram 1406.
1473
In 1996, the gross primary enrollment rate for boys was 101.8 percent, and 113.7 percent for girls,
while the net primary enrollment rate for boys was 64.3 percent but 75.6 percent for girls. See World
Development Indicators 2001.
1474
Complementary Report on the Implementation at 11. See also World Development Indicators 2001.
205
Child Labor Laws and Enforcement
The Labor Code of 1992 establishes 15 years as the minimum age for employment for
industrial work or private undertakings involving family members, although children between the
ages of 13 and 15 may perform light work if it is done in a technical school or institution approved
by the Department of Education.1475 The Labor Code establishes 18 years as the minimum age for
hazardous work,1476 and the Constitution provides a general prohibition against the employment of
children or young persons in work that is harmful to their health or development.1477 The Labor
Code prohibits children under 18 years of age from mine or quarry work and children under 16
years of age from engaging in industrial or commercial work during night hours. The Labor Code
also states that no person under 16 years of age may work for over four consecutive hours without
a one hour break, or for more than eight hours in one day.1478 The Labor Code, the 1987 Employ-
ment Act, and the Constitution prohibit forced labor.1479 There are no laws that specifically outlaw
child prostitution or trafficking, although Proclamation 14 of 1949 prohibits procuring women or
girls for carnal acts, and abduction of children is illegal.1480
The Ministry of Labor and Employment is responsible for enforcing labor laws through
inspections of industrial and commercial enterprises. Monitoring of hazardous or dangerous
working conditions is reportedly lax, however, and the Ministry is understaffed, with only 15
inspectors responsible for monitoring adherence to the full range of labor laws throughout the
country.1481 In addition, the employment restrictions in the Labor Code do not apply to the agricul-
tural sector, including the employment of children for herding.1482 Lesotho ratified ILO Convention
138 and ILO Convention 182 on June 14, 2001.1483
1475
Article 3 of the Labor Code defines a “child” as a person under age 15. See Lesotho Labour Code
Order No. 24 of 1992 [hereinafter Labour Code], Article 124, as cited on Natlex database at http://
www.natlex.ilo.org/txt/E92LSO01.htm on 11/14/01.
1476
Article 3 of the Labour Code defines a “young person” as a person between ages 15 and 18. See
Lesotho Labour Code Order at Articles 125, 127
1477
Constitution of Lesotho [hereinafter Constitution of Lesotho], Article 32 (Maseru: Government
Printer), 44.
1478
The Labor Commissioner may authorize night work for apprenticeship or training purposes and also
for children who are age 16. See Labour Code at Articles 125, 126.
1479
Labour Code at Article 7. See also Country Reports 2000 at Section 6c and Constitution of Lesotho at
Article 9, p. 21.
1480
Initial Reports of States at paras. 238, 240. See also Country Reports 2000 at Section 6f.
1481
L. Mandoro, Labor Commissioner, interview by USDOL official, August 1, 2000.
1482
Unclassified telegram 422.
1483
ILOLEX database: Lesotho at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 11/15/01.
NOTE: Hard copies of all Web citations are on file.
206
Lithuania
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Lithuania initiated the National Program Against Commercial Sexual
Exploitation and Sexual Abuse of Children in 2000 to support and rehabilitate victims of sexual
crimes.1484 In the same year, the Parliament created the position of Child Ombudsman to centralize
advocacy efforts for children’s rights.1485 The government is implementing a National Poverty
Reduction Strategy with funding and assistance from the World Bank in order to assist vulnerable
populations, including children.1486 UNICEF is providing advisory support to Lithuanian authori-
ties on education, health care, and children’s welfare, and approximately 100 NGOs and founda-
tions throughout the country represent the interests of children.1487
Statistics on the number of working children under the age of 15 years in Lithuania are
unavailable. Children are reported to beg on the streets or perform odd jobs, such as cleaning cars
or selling newspapers.1488 There are reports of children as young as 11 years old working as
prostitutes in brothels, and according to UNICEF, between 20 to 50 percent of Lithuanian prosti-
tutes are believed to be minors.1489 Organized crime figures are reported to use coercive means to
lure Lithuanian girls into prostitution abroad, particularly to Western European countries.1490
1484
Valdas Rupsys, State Secretary of the Ministry of Social Security and Labor, letter to Maureen Jaffe,
ICLP, September 2000 [hereinafter Rupsys letter] [letter on file].
1485
Ibid.
1486
The World Bank is also preparing to implement an Education Project that will improve educational
facilities and reduce the costs of schooling, among other aims. See Rupsys letter. See also World Bank,
Structural Adjustment Loan Project, at http://www.worldbank.lt/P068706.htm on 10/30/01, and World
Bank, Education Project, at http://www.worldbank.lt/P070112.htm on 10/30/01.
1487
Lithuanian National Committee for UNICEF at http://www.un.lt/UNICEF/index.htm on 10/30/01. See
also Initial Reports of States Parties.
1488
UN Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under
Article 44 of the Convention: Initial Reports of States Parties Due in 1994, Addendum, Lithuania, CRC/C/
11/Add. 21 (Geneva, November 24, 1998) [hereinafter Initial Reports of States Parties], para. 253.
1489
UNICEF, “Profiting From Abuse: An Investigation into the Sexual Exploitation of our Children” (New
York, 2001), 7, at http://www.unicef.org/pubsgen/profiting/index.html on 01/11/01.
1490
Germany, the Netherlands, Denmark, Austria, and Israel are major trafficking destinations, according
to figures of women deported from these countries to Lithuania. There are also reports of women traf-
ficked to Lithuanian cities from Belarus, Russia, Latvia, and parts of the Lithuanian countryside. Country
Reports on Human Rights Practices for 2000—Lithuania (Washington, D.C.: U.S. Department of State,
207
According to the Law on Education, school is free of charge and compulsory from the age
of 6 or 7 to 16 years. 1491 In 1996, the gross primary enrollment rate was 98 percent. 1492 Primary
school attendance rates are unavailable for Lithuania. While enrollments rates indicate a level of
commitment to education, they do not always reflect children’s participation in school.1493
According to the Law on Employment Contracts, the minimum age for employment is 14
years, but only in certain government-approved categories.1494 The law also stipulates that children
from 14 to 16 years must have the consent of a parent in order to be employed, and work hours
may not conflict with school.1485 The Law on Fundamentals of Protection of the Rights of the
Child sets the minimum age for all other work at 16 years.1496 The Law on Labor Protection
prohibits children under 18 years old from working in hazardous conditions, night work, or over-
time, and mandates shortened work hours for children between 14 and 18 years.1497
208
Law No. I-1418 and the Law on Fundamentals of Protection of the Rights of the Child
prohibit prostitution by children, and the Criminal Code prohibits trafficking in persons.1498 Forced
labor is prohibited by the Constitution.1499 Lithuania ratified ILO Convention 138 on June 22,
1998, but has not ratified ILO Convention 182.1500
See Law on Labor Protection at Articles 41, 59, 16 See also Regulation No. 1055 of 11 September 1996,
Vedomosti, 1996-10-31. No. 30, 42-48, as cited in NATLEX database at http://www.natlex.ilo.org/scripts/
natlexcgi.exe?lang’E1 on 10/29/01.
Report on the Implementation of the Agenda for Action Adopted at the First World Congress Against
Commercial Sexual Exploitation of Children in Stockholm, Sweden, 28 August 1996. See also Country
Reports on Human Rights Practices for 2000—Lithuania (Washington, D.C.: U.S. Department of State,
2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/hrrpt/2000/eur/
index.cfm?docid’69.
1498
Human Rights Reports on Trafficking of Women and Children, Lithuania, The Protection Project
Database, at http://ww.protectionproject.org , and Law on Fundamentals of Protection at Chapter VII,
Article 47.
1499
Constitution of Lithuania, Article 48, October 25, 1992, at “http://www.uni-wuerzburg.de/law/
lh00000_.html” http://www.uni-wuerzburg.de/law/lh00000_.html on 10/29/01.
1500
ILOLEX database: Lithuania at http://ilolex.ilo.ch:1567/english/ on 10/29/01.
NOTE: Hard copies of all Web citations are on file.
209
Macedonia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that less than 1 percent of children between the ages of 10 and
14 in Macedonia was working.1507 In rural areas, it is reported to be common for children to leave
school early to assist with domestic agricultural duties.1508 Children work in the informal sector
1501
U.S. Embassy–Skopje, unclassified telegram no. 2616, November 2001 [hereinafter unclassified
telegram 2616].
1502
Macedonia ratified the Southeast European Cooperative Initiative “Agreement on Co-operation to
Prevent and Combat Transborder Crime,” which links regional governments in information-sharing and
planning programs. Macedonia also signed an agreement with the Government of Bulgaria to take similar
cooperative anti-trafficking measures. See UNICEF, “Trafficking in Human Beings in Southeastern
Europe,” Area Office for the Balkans, August 15, 2000 [hereinafter “Trafficking in Human Beings in
Southeastern Europe”], 12.
1503
“Trafficking in Human Beings in Southeastern Europe,” 95. See also Looking Back, Thinking For-
ward: The Fourth Report on the Implementation of the Agenda for Action Adopted at the First World
Congress against Commercial Sexual Exploitation of Children in Stockholm, Sweden, 28 August 1996:
1999-2000 (Bangkok: ECPAT International, 2000) [hereinafter Looking Back, Thinking Forward], 125.
1504
“Trafficking in Human Beings in Southeastern Europe,” 95.
1505
OSCE is the leading agency with regard to trafficking in Macedonia. In conjunction with IOM, its
programs include government negotiations, a working group on the subject, and the development of a
shelter for women. IOM is also establishing repatriation processes for trafficked women. See Ibid. at 97.
1506
UNICEF, “UNICEF’s Priority: Education Objectives,” Macedonia, at www.unicef.org/macedonia/
education/educationContent.htm on 11/1/01.
1507
The ILO reported that 0.02 percent of children in the age group were economically active in the
formal sector. See World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinaf-
ter World Development Indicators 2001].
1508
Initial Reports of States Parties Due in 1993: The Former Yugoslav Republic of Macedonia, Commit-
tee on the Rights of the Child, UN Document CRC/C/8/Add. 36 (Geneva, July 27, 1997) [hereinafter
Initial Reports of States Parties], para. 202.
210
and in illegal small businesses.1509 Children work in the streets and markets selling cigarettes and
other small items.1510 Trafficking of girls for prostitution and pornography is a growing con-
cern.1511 The country is a destination for girls forced into prostitution from Bulgaria, Montenegro
and Serbia, as well as a transit and source country for trafficking of children to Greece, Albania,
Kosovo, and Western Europe.1512
The Constitution mandates free and compulsory primary education, and the Law on
Primary Education specifies that all children from 7 to 15 years of age attend school for a compul-
sory 8 years.1513 In 1996, the gross primary enrollment rate was 99.1 percent and the net primary
enrollment rate was 95.3 percent.1514 Dropout rates for girls in primary and secondary school are
high, particularly among ethnic Roma or Albanian children.1515
1509
Unclassified telegram 2616.
1510
Initial Reports of States Parties at para. 246. See also Concluding Observations of the Committee on
the Rights of the Child: The Former Yugoslav Republic of Macedonia, Committee on the Rights of the
Child, UN Document CRC/C/15/Add. 118 (Geneva, February 23, 2000) [hereinafter Concluding Observa-
tions of the Committee on the Rights of the Child.
1511
Country Reports on Human Rights Practices for 2000—Macedonia (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/
hrrpt/2000/eur/867.htm.
1512
It is also reported that women are trafficked from Bulgaria, Albania, Romania, Moldova, the Czech
Republic, Montenegro, and Serbia. One study indicated that at least 20 percent of prostitutes detained for
working illegally in Macedonia were minors. See “Trafficking in Human Beings in Southeastern Europe”.
See also Country Reports 2000 and Looking Back, Thinking Forward, 124.
1513
Tuition is free but families must provide children with their own books and supplies. The Ministry of
Education is proposing that the government provide these materials free of charge through primary school.
Transportation is also free for students. See Constitution of Macedonia, Article 44, Nov. 17, 1991 [herein-
after Constitution of Macedonia], at www.uni-wuerzburg.de/law/mk00000_.html on 10/29/01. See also
Initial Reports of States Parties, para. 20, and unclassified telegram 2616.
1514
World Development Indicators 2001.
1515
Concluding Observations of the Committee on the Rights of the Child. See also unclassified telegram
2616 and Country Reports 2000 at Section 5.
211
Child Labor Laws and Enforcement
The Constitution and Labor Relations Act sets the minimum age for employment at 15
1516
years. The Labor Relations Act prohibits overtime work by children as well as work that may
be harmful or threatening to their health or life.1517 The Constitution prohibits forced labor.1518 The
Criminal Code prohibits various acts of sexual exploitation against children, including the recruit-
ment or solicitation of children for prostitution and procurement of a child, and trafficking can be
prosecuted through regulations prohibiting the abduction of children and sales in persons.1519 The
Ministry of Labor and Social Policy is responsible for enforcing the child labor laws, but there are
no comprehensive reports on the effectiveness of enforcement mechanisms.1520 Macedonia ratified
ILO Convention 138 on November 17, 1991, but has not ratified ILO Convention 182.1521
1516
Constitution of Macedonia at Article 42(1). In addition, the minimum age for work in mines is 18. See
Labour Relations Act, Section 7, December 27, 1993 [hereinafter Labour Relations Act], at
www.natlex.ilo.org/txt/E93MKDO2.htm on 11/2/01.
1517
Children under 18 are prohibited from working at night for industrial jobs. See Labour Relations Act
at Sections 63, 66, and 67.
1518
Constitution of Macedonia at Article 42(1).
1519
Initial Reports of States Parties at paras. 259 and 263. See also Criminal Code of Macedonia, Articles
192 and 193, as cited in the Protection Project Database at www.protectionproject.org.
1520
Labour Relations Act at Section 139. According to the government, no cases of child labor are filed
with the Ministry. In regard to the effectiveness of enforcement mechanisms, UNICEF observed that
punishments are mild, which contributes to the continuing exploitation of children, and the State Depart-
ment noted that authorities are reluctant to enforce labor laws in Roma populations. No other information
is available. See also Country Reports 2000 at Section 6d; letter from Oliver Krliu, Embassy of the
Republic of Macedonia, to Kevin Willcutts, ICLP official, September 14, 2000 [letter on file]; and
UNICEF, “The Former Yugoslav Republic of Macedonia: Situation Analysis of Children and Women ” at
www.unicef.org/macedonia/ on 11/1/01.
1521
ILO, ILOLEX database, Former Yugoslav Republic of Macedonia at http://ilolex.ilo.ch:1567/english/
on 10/29/01.
NOTE: Hard copies of all Web citations are on file.
212
Madagascar
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Madagascar has been a member of ILO-IPEC since 1998. Madagascar
has implemented three ILO-IPEC programs to remove children from working in quarries, through
prevention and education efforts.1522 In May 2000, over 20 labor inspectors representing all six
provinces received training on the worst forms of child labor.1523 By August 2000, ILO-IPEC
programs had reintegrated some 300 children into schools in the Diego Suarez area, half of whom
had been working in mines.1524
The Government of Madagascar is preparing a new action plan to eliminate the worst
forms of child labor. The previous plan included programs to remove child workers from the
informal sector in the major cities.1525 The government is also working with ILO-IPEC to compile
all laws and texts governing child labor and make them more widely available.1526 The Ministry of
Labor is collaborating with ILO-IPEC to conduct a survey of child prostitution and children
working in quarries.1527 The government is also planning a national child labor survey for 2004
with technical assistance from ILO-IPEC’s SIMPOC.1528
1522
Activities have included awareness-raising campaigns in the major port city of Tamatave and photo
exhibits in all six provinces of Madagascar. U.S. Embassy–Antananarivo, unclassified telegram no. 1787,
October 2001 [hereinafter unclassified telegram 1787].
1523
U.S. Embassy–Antananarivo, unclassified telegram no. 1800, August 2000.
1524
Ibid.
1525
Unclassified telegram 1787.
1526
Ibid.
1527
Ibid.
1528
ILO-IPEC, Child Labor Statistics: SIMPOC Countries, at http://www.ilo.org/public/english/standards/
ipec/simpoc/countries.htm on 1/29/02.
1529
Unclassified telegram 1787.
1530
Ibid.
1531
Ibid.
1532
“Answers to the Questionnaire Relating to Child Labor in the Africa Bill Framework,” submitted by
Minister of Industrialisation and Handicraft, September 4, 2000 [hereinafter “Answers to the Question-
naire Relating to Child Labor”].
213
The Ministry of Education’s Education of Girls Office has implemented an assisted home
study program that provides non-traditional education for working children.1533 The Ministry of
Education has also promoted educational opportunities through a safety net program for public
primary schools that loans books to primary schools, renovates and expands schools, and increases
staff.1534
In 1999, the ILO estimated that 34.4 percent of children between the ages of 10 and 14 in
Madagascar were working.1535 Most child labor occurs in the agricultural sector, where children
work as unpaid laborers on family farms,1536 while a small number of children work in the com-
mercial and industrial sectors.1537 In urban areas, children work as domestic workers, petty traders,
casual transport workers, and beggars.1538 Some children are also employed under hazardous
conditions in quarries and mines.1539
The sexual exploitation of children occurs and is on the rise in Madagascar, particularly in
tourist areas and coastal fishing areas.1540 In 1999, there were reports that women and girls were
trafficked to Reunion, a French overseas departement, and Mauritius for the purpose of prostitu-
tion,1541 but there were no reports of trafficking in 2000.1542
1533
Unclassified telegram 1787.
1534
Ibid.
1535
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001].
1536
According to a 1993/94 labor force survey, 94 percent of working children between 7 and 14 years
of age engage in agricultural activities. Nine times out of 10, family work is unpaid. Francois Roubaud
and Diane Coury, Le travail des enfants au Madagascar: Un etat des lieux, MAG/97/M01/FRA
(Geneva: International Labor Organization, International Program on the Elimination of Child Labor
(ILO-IPEC), 1997) [hereinafter Le travail des enfants au Madagascar].
1537
The 1993/94 survey reported that 3 percent of working children are employed in services; 2 percent
work in the commercial sector; and 1 percent work in the industrial sector. See Le travail des enfants
au Madagascar.
1538
Le travail des enfants au Madagascar. See also . See also Country Reports on Human Rights
Practices for 2000—Madagascar (Washington, D.C.: U.S. Department of State, February 2001)
[hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/
index.cfm?docid’848.
1539
Unclassified telegram 1787.
1540
According to the Ministry of Tourism, 25 percent of prostitutes in the tourist area of Tulear are
under 18 years of age. See ECPAT database: Madagascar, CSEC Overview: Child Prostitution, at http://
www.222.ecpat.net/eng/Ecpat_Inter/projects/monitoring/online_database on 11/29/01. See also
unclassified telegram 1787.
1541
Country Reports 2000 at Section 6f.
1542
Ibid.
214
Primary education is compulsory and free up to the age of 14.1543 Enforcement of compul-
sory education laws is generally weak.1544 In 1995, the gross primary enrollment rate was 91.6
percent, and the net primary enrollment rate was 60.6 percent.1545 The percentage of students who
began school in 1995 and reached grade two was 77 percent, while 39.8 percent reached grade 5.1546
The Labor Code sets the minimum age for employment at 15 years.1547 Decree 62-152
prohibits children under the age of 18 from engaging in work that could endanger their health,
safety, or morals.1548 Children under the age of 18 are also prohibited from performing night
work.1549 Prostitution is not criminalized, but Ordinance 60-161 does prohibit the procurement of
prostitutes with a sentence of imprisonment for two to five years and a fine of 750,000 to
7,500,000 Malagasy francs (USD 121 to 1,210) if the crime involves a minor under the age of 18.
The same punishment can be imposed on any person who “occasionally incites, furthers, or
facilities the corruption” of a child under the age of 16.1550 The minimum age for either conscrip-
tion or voluntary recruitment into the military is 18 years.1551 Forced or bonded labor by children is
prohibited.1552
1543
Constitution of Madagascar, Article 24, August 19, 1992 [document on file]. See also Country Reports
2000 at Section 5.
1544
Unclassified telegram 1787.
1545
See World Development Indicators 2001.
1546
World Education Report 2000: The Right to Education, Towards Education for All throughout Life
(Geneva: UNESCO Publishing, 2000), 144.
1547
Country Reports 2000 at Section 6d. See also “Answers to the Questionnaire Relating to Child
Labor”.
1548
See unclassified telegram 1787. The decree was issued in 1962. See also “Answers to the Question-
naire Relating to Child Labor.”
1549
Unclassified telegram 1787.
1550
Article 334 bis (Ordinance 60-161 of 10/3/60). For currency conversion as of January 25, 2002, see
http://www.carosta.de/frames/convert.htm.
1551
U.S. Embassy-Antananarivo, unclassified telegram no. 1567, September 2001.
215
The Ministry of Civil Service, Labor, and Social Laws enforces child labor laws through
unannounced inspections. 1553 Violations of labor laws are punishable with fines, imprisonment, or
closure of the workplace, if it poses an imminent danger to workers. The government has not
earmarked resources for investigations of exploitative child labor cases, and the Ministry of Labor
does not have an adequate number of trained inspectors.1554 There are approximately 40 labor
inspectors who do general inspections—none focus solely on child labor issues.1555 When viola-
tions are found, the fines reportedly are low and employers are not jailed.1556 Labor inspectors
cover only wage earners in the formal economy and cover only the capital region effectively.1557
The enforcement of child labor laws in the informal sector is pursued through the court system.1558
Madagascar ratified ILO Convention 138 on May 31, 2000 and ILO Convention 182 on October 4,
2001.1559
1552
Country Reports 2000 at Section 6c.
1553
Ibid. at Section 6d. See also “Answers to the Questionnaire Relating to Child Labor.”
1554
Unclassified telegram 1787.
1555
Unclassified telegram 1787.
1556
Ibid.
1557
Country Reports 2000 Sections 6d and 6e.
1558
Ibid. at Section 6c.
1559
ILOLEX database: Madagascar at http://ilolex.ilo.ch:1567/english/newratframeE.htm.
NOTE: Hard copies of all Web citations are on file
216
Malawi
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that 32.2 percent of children between the ages of 10 and 14 in
Malawi were working.1565 Children are rarely employed in the formal manufacturing sector, but
work in the informal sector, in micro industries that include street-side welding, bicycle repair, and
furniture making, and as domestic servants.1566 Children also work in the agricultural sector, often
1560
ILO-IPEC, Regional Programme on the Prevention, Withdrawal and Rehabilitation of Children
Engaged in Hazardous Work in the Commercial Agriculture Sector in Africa (Geneva, 2000).
1561
ILO-IPEC, SIMPOC: Malawi, programme document, March 12, 2001.
1562
U.S. Embassy–Lilongwe, unclassified telegram no. 1873, October 2001 [hereinafter unclassified
telegram 1873].
1563
Country Reports on Human Rights Practices for 2000—Malawi (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/index.cfm?docid’851. .
1564
U.S. Embassy-Lilongwe, unclassified telegram no. 0390, February 2001) [hereinafter unclassified
telegram 0390].
1565
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM] [hereinafter
World Development Indicators 2001].
1566
Country Reports 2000, Section 6d. See also unclassified telegram 0390.
217
alongside their parents on commercial farms.1567 Child labor is used in crop production,
including tea and maize,1568 and on commercial tobacco farms, where the incidence of child labor
is particularly high.1569 Children frequently perform domestic work to allow adults to work longer
hours in the fields.1570 Young girls in urban areas reportedly work as domestic servants for little or
no wages and in a state of indentured servitude.1571 Children are reportedly trafficked to Western
Europe and South Africa for the purposes of sexual exploitation.1572
1567
Unclassified telegram 1873 and unclassified telegram 0390. See also Line Eldring, Sabata Nakanyane,
and Malehoko Tshoaedi, Child Labour in the Tobacco-Growing Sector in Africa, report prepared for the
IUF/ITGA/BAT Conference on the Elimination of Child Labour, FAFO, Nairobi, October 8-9, 2000
[hereinafter Child Labour in the Tobacco-Growing Sector in Africa], 38.
1568
Unclassified telegram 0390. See Country Reports 2000 at Section 6d. It is believed that children
working on tea farms also work on a daily basis. See also ILO, “Child Labour in Commercial Agriculture
in Africa,” technical workshop on “Child Labour in Commercial Agriculture in Africa,” ILO, August 27-
30, 1996, Dar es Salaam [hereinafter “Child Labour in Commercial Agriculture in Africa”], para. 35.
1569
A study on the tobacco sector in Malawi revealed that 78 percent of children between the ages of 10
and 14 worked with their parents on tobacco estates on a full-time or part-time basis, and it also noted that
children under the age of 10 were found working with their parents as full-time workers on the estates.
See W. C. D. Kamkondo and K. Wellard, Women and Children in the Smallholder and Estate Subsector in
Malawi, supplementary report to Estate Extension Service Trust (Lilongwe: Rural Development Depart-
ment, Bunda College of Agriculture, 1994), as cited in Child Labour in the Tobacco-Growing Sector in
Africa at 40.
1570
Child Labour in the Tobacco-Growing Sector in Africa at 39.
1571
Country Reports 2000 at Section 6c.
1572
Human Rights Reports: Malawi, Protection Project Database, at www.protectionproject.org.
1573
Country Reports 2000 at Section 5. The Constitution of the Republic Malawi states that all people are
entitled to education and that primary education would be of at least 5 years’ duration. See also Constitu-
tion of the Republic of Malawi [hereinafter Constitution of the Republic of Malawi], Chapter IV, Section
25 (1-2), at www.sas.upenn.edu/African_Studies/Govern_Political/mlwi_const.html.
1574
UNICEF, The State of the World’s Children 2002 (Geneva, 2001), 26.
1575
In 1994, the gross primary enrollment rate was 140.6 percent for boys and 127 percent for girls. The
net primary enrollment rate was 101.6 percent for boys and 103.6 percent for girls. The available net
enrollment statistic is higher than 100 percent, although this is theoretically impossible. The World Bank
attributes this abnormality to discrepancies between estimates of the school-age population and reported
enrollment data. See World Development Indicators 2001.
1576
World Education Report 2000: The Right to Education, Towards Education for All throughout Life
(Geneva: UNESCO Publishing, 2000), 144.
1577
Country Reports 2000 at Section 5.
218
Child Labor Law and Enforcement
The Employment Act No. 6 of 2000 sets the minimum age for employment at 14 years,
but does not apply to work done in vocational technical schools, other training institutions, or
unpaid work in homes.1578 The Employment Act also allows children between the ages of 14 and
18 to engage in non-hazardous work that is not prejudicial to their attendance at school or any
other vocational or training program.1579 Employers are required to keep a register of all employees
under the age of 18, and violation of this law can result in a fine of MK 20,000 (USD 306) and five
years of imprisonment.1580 There are no legal restrictions on children’s work hours.1581 The Consti-
tution and the Employment Act prohibit forced and compulsory labor, and violators are liable for
penalties of MK 10,000 (USD 153) and two years of imprisonment.1582 The trafficking of persons
is not prohibited by law.1583
MOLVT is charged with enforcement of child labor laws, but enforcement has been
minimal due to a lack of resources.1584 Malawi ratified both ILO Convention 138 and ILO Conven-
tion 182 on November 19, 1999.1585
1578
Employment Act. No. 6, Section 21, as cited in Child Labour in the Tobacco-Growing Sector in Africa
at 37.
1579
Employment Act. No. 6, Section 22, as cited in Child Labour in the Tobacco-Growing Sector in Africa
at 37.
1580
Employment Act. No. 6, Section 23, as cited in unclassified telegram 0390. See also Child Labour in
the Tobacco-Growing Sector in Africa at 37. For currency conversion, see http://www.carosta.de/frames/
convert.htm on 1/30/02.
1581
Country Reports 2000 at Section 6d.
1582
Constitution of the Republic of Malawi. See also unclassified telegram 0390.
1583
Country Reports 2000 at Section 6f.
1584
Ibid. at Section 6d.
1585
ILO, ILOLEX database, International Labour Standards at http://ilolex.ilo.ch:1567/english/index.htm
on 11/29/01.
NOTE: Hard copies of all Web citations are on file.
219
Mali
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Mali has been a member of ILO-IPEC since 1998.1586 Since joining
the program, Mali has cooperated with ILO-IPEC in launching direct interventions to assist
children working in mines, in woodworking and metalworking, as mechanics, and girls working in
service sector establishments and as domestic workers.1587 In 1999 Mali joined eight other coun-
tries in an ILO-IPEC project funded by USDOL to address child trafficking for exploitative labor.
In September 2001, the Malian and the Ivorian Governments signed a cooperative agreement to
control cross-border trafficking, whereby the two countries agreed to strengthen and enforce child
trafficking laws, raise awareness about trafficking, implement bilateral and national programs to
combat child labor, identify child traffickers, and develop programs to address child labor and
trafficking issues.1588 Several efforts have been made to reduce child begging, including campaigns
using school teachers and a vocational training program aimed at child beggars.1589 The Govern-
ment of Mali also plans to conduct a national child labor survey in 2004 with technical assistance
from ILO-IPEC’s SIMPOC.1590
The Government of Mali recently implemented a “Ten-Year Program for the Development
of Education” that aims to establish recruitment and enrollment parity between boys and girls and
improve the overall quality of education.1591 Working with international donors, the government
has also established programs to promote girls’ education, to allow pregnant schoolgirls to con-
tinue their education, to introduce or revitalize school canteens in economically disadvantaged
communities and to build and refurbish new schools and classrooms.1592
1586
Government of Mali, Ministry of Labor, Etat d’Execution du Programme National de Lutte contre le
Travail des Enfants au Mali (Bamako: Ministere de l’Emploi de la Fonction Publique et du Travail, 2000).
1587
Ibid.
1588
Cooperation Agreement between the Republic of Mali and the Republic of Cote d’Ivoire to Control
Cross-Border Trafficking of Children. See also ILO-IPEC, Combating the Trafficking of Children for
Labour Exploitation in West and Central Africa (Phase II): Mali Country Annex (Geneva, December
2000) [hereinafter Combating the Trafficking of Children].
1589
Concluding Observations of the Committee on the Rights of the Child: Mali, UN Document No. CRC/
C/15/Add. 113, paras. 6, 33. (Geneva: United Nations Committee on the Rights of the Child, September
28, 1999) [hereinafter Concluding Observations of the Committee on the Rights of the Child].
1590
SIMPOC countries, electronic correspondence from ILO-IPEC to USDOL official, January 18, 2002.
See also ILO-IPEC, Child Labor Statistics: SIMPOC Countries at http://www.ilo.org/public/english/
standards/ipec/simpoc/countries.htm on 1/29/02.
1591
Concluding Observations of the Committee on the Rights of the Child.
1592
Ibid.
220
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 51.8 percent of children between the ages of 10 and 14 in
Mali were working.1593 Children work in the agricultural sector, in wood and metalworking, in
mining and gold panning, as mechanics, and as domestic servants and street vendors in urban
areas.1594 In some cases, children work as street beggars at the urging of Koranic teachers who
require students to beg before coming to school.1595
Mali is a source of trafficked children, most of whom are sold into forced labor in Cote
d’Ivoire; for commercial coffee, cotton, and cocoa farms; or to work as to work as domestic
servants.1596 Organized networks of traffickers, claiming to parents that they will provide paid
employment for their children, reportedly sell the children to commercial farm owners for between
10,000 to 20,000 CFA (USD 14 to 27).1597
Primary education is compulsory and free through the sixth grade,1598 but just 58 percent
of school-age children receive an education (only 48 percent among girls).1599 In 1997, the gross
primary enrollment rate was 48.9 percent, and in 1995, the net primary enrollment rate was 31.3
percent.1600 In 1996, the gross primary attendance rate was 41 percent and the net primary atten
1993
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001].
1594
Concluding Observations of the Committee on the Rights of the Child, para. 32. See also Committee
on Rights of the Child Begins Consideration of Report of Mali, UN Document No. HR/CRC/99/48
(Geneva: United Nations Committee on Rights of the Child, September 28, 1999). See also Government
of Mali, Ministry of Labor, Etat d’Execution du Programme National de Lutte contre le Travail des
Enfants au Mali (Bamako: Ministere de l’Emploi de la Fonction Publique et du Travail, 2000). See also
Electronic Correspondence from Mr. Claude Sama Tounkara, Embassy of the Republic of Mali, to
USDOL Official, February 10, 1998.
1595
Concluding Observations of the Committee on the Rights of the Child at para. 33.
1596
U.S. Department of State, Trafficking in Persons Report, July 2001, Mali. See also Country Reports
on Human Rights Practices for 2000—Mali (Washington, D.C.: U.S. Department of State, 2001) [herein-
after Country Reports 2000], 6f, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’853.
According to a national report, 1,500 children between the ages of 7 and 10 years were living in work
encampments in Côte d’Ivoire. See Sory Ibrahim Guindo, “Rapport d’ etape sur le trafic d’enfants
maliens: Plus de 1,500 mineurs recensés en Côte d’Ivoire,” Liberté, December 21, 1998.
1597
Country Reports 2000 at 6f.
1598
Country Reports 2000 at 5.
1599
USAID, “Mali: The Development Challenge,” Mali FY 2002 congressional budget justification, at
www.usaid.gov/country/afr/ml on 12/5/01.
1600
World Development Indicators 2001.
221
dance rate was 29 percent.1601 A significant gender disparity exists for primary school
students; in 1996, the gross primary attendance rate was 48 percent for boys and 34 percent for
girls.1602 In 1997, the government allocated 2 percent of GNP to education.1603
The Labor Code, adopted in 1996, sets the basic minimum age at 14 years.1604 However,
children ages 12 to 14 may work up to two hours per day during school vacations with parental
approval. Children ages 14 to 16 years may work up to four and a half hours per day with the
permission of the labor inspectorate (but not during nights, holidays, or Sundays) and children ages
16 to 18 years may work in jobs that are not physically demanding.1605 The Constitution prohibits
forced labor by children.1606 Articles 187, 188, and 189 of the Malian criminal code prohibit the
trafficking of children.1607 Labor inspectors conduct surprise and complaint-based inspections but
operate only in the formal sector due to lack of resources for enforcement.1608 Mali has not ratified
ILO Convention 138, but ratified ILO Convention 182 on July 14, 2000. 1609
1601
USAID, Demographic and Health Survey, Mali [on file].
1602
Ibid.
1603
World Development Indicators 2001.
1604
ILO-IPEC, Child Labor in Africa: Targeting the Intolerable (Geneva, 1998), 36.
1605
Country Reports 2000 at Section 6d.
1606
Ibid at 6c.
1607
Combating the Trafficking of Children, 2.
1608
Ibid.
1609
ILO, “Table of Ratifications and Information Concerning the Fundamental Conventions of the ILO,”
at http://www.ilo.org/public/french/standards/norm/sources/rats_pri.htm on 5/5/01.
NOTE: Hard copies of all Web citations are on file.
222
Mauritania
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the Government of Mauritania announced its current educational plan, which is
intended to run for 15 years and aims to provide all children with 10 years of basic schooling
(elementary plus the first secondary level), followed by training opportunities tailored to the
requirements of the labor market. New emphasis will be placed on pre-school education that
prepares children for basic education and on creating incentives to encourage private education.1610
The goals for elementary school education are to achieve universal access by 2005, raise the
retention rate by 2010, eliminate gender and regional disparities, improve the quality and relevance
of education, and lower the pupil-teacher ratio.1611 Mauritania is also aiming to raise the share of
education spending to 5.4 percent of GDP by 2015.1612 A French-funded ILO program is currently
charged with investigating the extent of slavery practices in Mauritania and recommending pos-
sible actions.1613
In 1999, the ILO estimated that 22.4 percent of children between the ages of 10 and 14 in
Mauritania were working.1614 Young children in rural areas regularly work in herding, farming,
fishing, and other activities.1615 Many children serve as apprentices in small industries and in the
informal sector.1616 Mauritania abolished slavery in 1980 but there are persistent allegations that
vestiges of slavery and slavery-like practices continue to exist.1617 According to the Washington
1610
Association for the Development of Education in Africa (ADEA), “Mauritania: Debt Relief Will
Facilitate Implementation of the Ambitious Ten-Year Program for Education,” ADEA Newsletter, vol. 13,
no. 2 (April-June 2001), at http://www.adeanet.org/newsletter/latest/06.html on December 3, 2001.
1611
Ibid.
1612
Ibid.
1613
ILO, Stopping Forced Labor: Global Report under the Follow-up to the ILO Declaration on Funda-
mental Principles and Rights at Work, International Labour Conference, 89th Session, Report I (B),
Geneva, 2001.
1614
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001].
1615
Country Reports on Human Rights Practices for 2000—Mauritania (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/af/index.cfm?docid’855.
1616
Ibid.
1617
Kevin Bales, Disposable People (Berkeley and Los Angeles: University of California Press, 1999),
Chapter 3, “World: Africa Award for Mauritanian Anti-Slavery Activist,” BBC News Online, at http://
news.bbc.co.uk/hi/english/world/africa/newsid_216000/216539.stm. See also Douglas Farah, “Despite
Legal Ban, Slavery Persists in Mauritania,” Washington Post, October 21, 2001 [hereinafter “Despite
223
Post, however, anti-slavery activists estimate that the number of persons living in these
conditions has fallen to a few thousand in recent years.1618
Mauritania made school attendance compulsory in July 2001.1619 In 1996, the gross
primary enrollment rate was 79 percent.1620 Low enrollment and dropout rates among girls are
caused by extreme poverty, lack of school infrastructure, traditionally low priority placed on girls’
education, unequal treatment in class, and discriminatory stereotypes conveyed by teachers and
instruction materials.1621 Spending on education has declined from 5 percent of GDP in 1985 to 3.5
percent in 1998.1622
Labor law specifies that no child under the age of 13 may be employed in the agricultural
sector without the permission of the Minister of Labor, nor under the age of 14 in the nonagricul-
tural sector.1623 Forced and bonded labor by children is prohibited.1624 The government reportedly
lacks the resources to effectively enforce child labor laws.1625 Mauritania ratified both ILO Con-
vention 138 and ILO Convention 182 on December 3, 2001.1626
Legal Ban, Slavery Persists in Mauritania”]; National Public Radio, “Slavery Lives on in Mauritania:
Tradition Thrives Thanks to a Confluence of Cultures,” August 21, 2001, at http://www.npr.org/programs/
specials/racism/010828.mauritania.html, as cited December 4, 2001; Kendall Wilson, “Slavery Thrives in
African Nation,” Philadelphia Tribune, June 25, 1999, 1A.; “Mauritania: Paradise under the Master’s
Foot: An 800-Year-Old System of Black Chattel Slavery Thrives in Mauritania,” as cited December 4,
2001; and Country Reports 2000.
1618
“Despite Legal Ban, Slavery Persists in Mauritania.”
1619
UNDP, “Mauritania Helps Girls by Making Education Compulsory,” July 25, 2001 [hereinafter
“Mauritania Helps Girls by Making Education Compulsory”], as cited in Human Rights Internet (HRI) at
http://www.hri.ca/children/texts/mauritiana25july.html on December 3, 2001.
1620
World Development Indicators 2001.
1621
“Mauritania Helps Girls by Making Education Compulsory.”
1622
World Bank, Project Appraisal Document on a Proposed Credit, Report No. 22529-MAU, September
26, 2001, at 4.
1623
Country Reports 2000.
1624
Ibid.
1625
Ibid.
1626
ILO, Table of Ratifications and Information Concerning the Fundamental Conventions of the ILO, at
http://www.ilo.org/public/french/standards/norm/sources/rats_pri.htm.
NOTE: Hard copies of all Web citations are on file.
224
Mauritius
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that 2.2 percent of children between the ages of 10 and 14 in
Mauritius were working.1629 The Ministry of Women’s Rights, Child Development, and Family
Welfare reports that in 1998, 2,000 children between the ages of 12 and 14 were either employed
or looking for work.1630 Child labor is usually found in street trade, small businesses, and in
agriculture.1631 On the island of Rodrigues, children are found working in homes, on farms, and in
shops.1632 There are reports of girls being sexually exploited as prostitutes, some as young as 13
years old. In 1999, reports indicated that children from Madagascar were trafficked to Mauritius
for prostitution.1633
According to the Education Act, primary schooling is compulsory and free.1634 In 1997,
the gross primary enrollment rate was 106 percent, and the net primary enrollment rate was 97.6
percent.1635
1627
Responses to child labor questionnaire by the Ministry of Labour and Industrial Relations for the
Republick of Mauritius, September 13, 2001 [hereinafter Child labor questionnaire].
1628
Ibid.
1629
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM] [hereinafter
World Development Indicators 2001].
1630
Country Reports on Human Rights Practices 2000—Mauritius (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfm?docid’857.
1631
Child labor questionnaire.
1632
Country Reports 2000 at Section 6d.
1633
Ibid.
225
Child Labor Laws and Enforcement
The Labor Act of 1975 sets the minimum age for employment at 15 years.1636 Under the
Occupational Safety, Health and Welfare Act of 1989, children between the ages of 15 and 18 are
allowed to work in hazardous work settings provided they are trained to operate machinery and are
supervised by another individual who also has training in using the same machinery.1637 The
Criminal Code as amended in 1998 contains provisions prohibiting child prostitution, and the sale,
trafficking and abduction of children. Penalties for persons operating brothels are fines not to
exceed 100,000 rupees (USD 3,340) and imprisonment up to 5 years, and penalties for persons
convicted of the sale, trafficking, or abduction of a child are at least 10,000 rupees (USD 334) or a
prison sentence up to 5 years.1638 Forced labor outside the Export Processing Zone is also ille-
gal.1639
The Ministry of Labor and Industrial Relations is the government agency that oversees the
enforcement of child labor laws. There are 39 labor inspectors and 8 labor officers whose duties
include investigating child labor practices. In 2000, 5,277 child labor inspections were conducted.
From January to June 2001, 2,421 child labor inspections were conducted.1640
Mauritius ratified ILO Convention 138 on July 30, 1990, and ILO Convention 182 on June
8, 2000.1641
1634
Child labor questionnaire. Children begin primary school at the age of 5 and are expected to complete
primary education at age 12.
1635
World Development Indicators 2001.
1636
Child labor questionnaire. The country’s child labor laws cover all sectors.
1637
Ibid. Children are not required to clean machinery if this would expose them to the risk of injury.
1638
Ibid. For currency conversion, see http://www.carosta.de/frames/convert.htm on 1/30/02.
1639
Country Reports 2000 at Section 6c.
1640
Child labor questionnaire.
1641
ILOLEX database: Mauritius at http://ilolex.ilo.ch:1567/cgi-lex/ratifce.pl?C138 and http://
ilolex.ilo.ch:1567/cgi-lex/ratifce.pl?C182.
NOTE: Hard copies of all Web citations are on file.
226
Moldova
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 2000, UNICEF estimated that 37.1 percent of children between the ages of 5 and 14 in
Moldova were working.1647 Moldova is a primarily agricultural country, and child labor often
involves work with parents on family farms.1648 Increasing numbers of street children in urban areas
are reported to be vulnerable to commercial sexual exploitation.1649 Moldova is a source country for
1642
Country Reports on Human Rights Practices for 2000—Moldova (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/hrrpt/
2000/eur/index.cfm?docid’870.
1643
“Stability Pact for Southeastern Europe: Task Force on Trafficking in Human Beings” at
www.osce.org/odihr/attf/index.php3?sc’Introduction on November 7, 2001.
1644
IOM, “Moldova: Counter-Trafficking Initiatives Launched This Spring,” IOM in Eastern Europe and
Central Asia, no. 3 (April-June), 2001.
1645
“UNDP-Moldova: List of On-Going Projects” at www.un.md/UNDP/proj/projects-ongoing.htm on 11/
1/01. See also U.S. Department of State, “Fact Sheet: State Department Programs to Combat Trafficking
in Persons,” at www.usinfo.state.gov/topical/global/traffic/01060101.htm on October 4, 2001.
1646
The UN Development Assistance Framework, “The UN in Moldova,” February 2001, at www.un.md/
resident/UNDAF_feb2001.doc on November 1, 2001.
1647
The total number of “working” children included “children who have done any paid or unpaid work
for someone who is not a member of the household or who did more than 4 hours of housekeeping chores
in the household or who did other family work.” Ten percent of children between the ages of 5 and 14 had
unpaid jobs for someone other than a household member, and 2 percent were engaging in paid work See
Republic of Moldova, Multiple Indicator Cluster Survey (MICS2) (UNICEF, 2000), 24, at http://
www.childinfo.org/MICS2/natlMICSrepz/Moldova/MICS_Mol.pdf on December 12, 2001.
1648
U.S. Embassy–Chisinau, unclassified telegram no. 1400, September 2001 [hereinafter unclassified
telegram 1400].
1649
Looking Back, Thinking Forward: The Fourth Report on the Implementation of the Agenda for Action
Adopted at the First World Congress against Commercial Sexual Exploitation of Children in Stockholm,
Sweden, 28 August 1996, 1999-2000 (Bangkok: ECPAT International, 2000), 131.
227
trafficking of girls for purposes of prostitution into Turkey, Greece, Italy, Israel, and
Kosovo.1650
Education for children is compulsory for nine years, beginning at age 7.1651 While the
Constitution guarantees free public education, families face significant additional expenses,
including textbooks and transportation costs.1652 In 1996, the gross primary enrollment rate was
97.4 percent.1653 While the enrollment rate is high, agricultural labor is reported to interfere with
school attendance in rural areas.1654 Primary school attendance rates are unavailable for Moldova.
The Labor Law sets the minimum age for employment at 16 years, and children under 18
years are prohibited from participating in hazardous work, including work underground, and work
related to alcoholic beverage production, transportation, and sales.1655 In addition, children who are
15 can work with the consent of the Trade Union Committee.1656 However, the Law on Children’s
Rights allows minors to work at age 14 with the permission of a parent or guardian, if the employ-
ment does not interfere with school.1657 According to the Criminal Code, the sale and trafficking of
children are illegal,1658 and the Law on Children’s Rights protects children under 18 years of age
from prostitution or sexual exploitation.1659 Forced labor is prohibited by the Constitution.1660
The Ministry of Labor, Social Protection, and the Family is responsible for enforcing child
labor legislation.1661 The Government of Moldova ratified ILO Convention 138 on September 21,
1999, but has not ratified ILO Convention 182.1662
1650
Country Reports 2000, Section 6f.
1651
UNESCO, Education for All: Year 2000 Assessment, Statistical Document (Paris, 2000), at
www2.unesco.org/wef/countryreports/moldova/rapport_2.html on October 29, 2001.
1652
Constitution of the Republic of Moldova, Article 35, July 29, 1994 [hereinafter Constitution of the
Republic of Moldova], at http://confinder.richmond.edu/moldova3.htm#T1 on October 26, 2001. See also
unclassified telegram 1400.
1653
Net enrollment and gross and net attendance statistics for Moldova are not available. See World
Development Indicators 2001 (Washington, D.C.: World Bank, 2001).
1654
Country Reports 2000. Section 5
1655
Article 183 of the Labor Law, as cited in unclassified telegram 1400.
1656
Article 181 of the Labor Law, as cited in unclassified telegram 1400.
1657
Article 11 of the Law on Children’s Rights, as cited in unclassified telegram 1400.
1658
The punishment for selling or trafficking children is three to eight years in prison. Article 113/1 of the
Criminal Code, as cited in unclassified telegram 1400.
1659
Unclassified telegram 2236.
1660
Constitution of the Republic of Moldova.
1661
In 2000, the Ministry of Labor finalized a proposal to restructure the labor protection inspectorate. The
proposal was adopted by Parliament in 2001. Under the new system, which went into effect January 1,
2002, the inspection office will have expanded responsibilities, including monitoring working conditions
of children. See Country Reports 2000, Section 6d. See also unclassified telegram 1400.
1662
ILO, ILOLEX database at http://ilolex.ilo.ch:1567/english/ on October 29, 2001.
NOTE: Hard copies of all Web citations are on file.
228
Mongolia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Mongolia has been a member of ILO-IPEC since 1999. A Child Labor
Unit was established under the Ministry of Social Welfare and Labour (MOSWL) to address child
labor issues. The National Council for Children, established in 1994 and led by the Prime Minister,
reviews policies for the protection of children.1663 In 1999, an ILO-IPEC country program funded
by USDOL began to build capacity among institutions to combat child labor, raise awareness, and
sponsor activities to remove children from work in coal mining, prostitution, the informal sector
(including scavenging in dump sites), and livestock herding.1664 UNICEF provides funds to the
National Children’s Committee to assist young children working in outdoor food markets by
providing non-formal education and healthcare and reducing their workloads.1665
In 1997, the Ministry of Education, Culture and Science established a Non-formal Educa-
tion Center to provide assistance and training on non-formal education techniques, materials and
curricula.1666 In 1992, the government established a fund to assist children from poor families with
free clothing and school materials.1667 The Asian Development Bank is supporting an education
sector program to make the sector more effective, cost efficient and sustainable.1668 The program
will also assist the government to implement a Second Education Development Project that will
improve access to and quality of education at the basic, non-formal and secondary levels, and
create a technical education and vocational training program that provides skills geared to the local
context.1669
1663
ILO-IPEC, Mongolmaa, “Update of the Situational Analysis on Child Labour in Mongolia” (draft)
(Ulaan Baatar, 2001) [hereinafter “Situational Analysis on Child Labour in Mongolia”], 26-27.
1664
Ibid. at 46. The project began in November 1999.
1665
Ibid. at 48, 49. See also Save the Children, Country Report, Mongolia, 2000 [hereinafter Save the
Children], at http://www.savethechildren.org.uk/functions/indx_search.html.
1666
“Situational Analysis on Child Labour in Mongolia”, at 38, 40-42. Under the Non-formal Education
Center, approximately 190 learning centers throughout the country provide training and education to
people of various ages. Vocational education facilities have been decreasing since the transition to a
market economy and far fewer students are now able to access those resources. Tuition is charged to meet
budget shortfalls, tending to exclude children from poorer families.
1667
Fourth Periodic Report of States due in 1995: Mongolia, 14/06/00, CCPR/C/103/Add.7 (UN, June 14,
1999), at www.hri.ca/fortherecord2000/documentation/tbodies/ccpr-c-103-add7.htm.
1668
Asian Development Bank, “Second Education Development,” project brief, at www.adb.org/Docu-
ments/Profiles/PPTA/31214012.ASP, and Asian Development Bank, “Country Assistance Plans:
Mongolia,” Section III.C.2., “Education,” item 70, at www.adb.org/Documents/CAPs/MON/
0103.asp?p’ctrymon.
1669
Asian Development Bank, “Mongolia: Second Education Sector Development,” loan no. MON31213-
229
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 1.5 percent of children between the ages of 10 and 14 in
Mongolia were working.1670 Children sometimes work in small enterprises or family businesses
such as food or repair shops.1671 Working children herd livestock, sell goods, polish shoes, act as
porters, scavenge (in dumpsites or on the streets), and process animal materials.1672 Children also
work in informal coal mining, either in the mines or scavenging for coal outside,1673 as well as in
informal gold mining.1674 To a lesser extent, children are engaged in prostitution, begging, and
grave digging, and work as domestic servants.1675 There is increasing concern about trafficking due
to factors such as weak border controls and low public awareness, but comprehensive information
about the nature and extent of trafficking in Mongolia is not available.1676
Article 16 of the Mongolian Constitution provides free basic education, and the Educa-
tional Law and the Law on Primary and Secondary Education establish eight years of compulsory
education.1677 Most children enroll in primary school at age 8, but children can legally begin school
at an earlier age.1678 In 1996, the gross primary enrollment rate was 88.4 percent, and the net
230
primary enrollment rate was 81.4 percent.1679 Young boys are often taken out of school to assist
their families with livestock.1680 Because Mongolia has largely rural terrain, the government
subsidizes dormitories to allow children to stay near schools. However, costs associated with
dormitories, such as requiring enough meat to feed a child over a year, may be prohibitively
expensive for some families.1681
Article 109 of the Labor Law sets the minimum age of employment at 16 years, although
children aged 15 may work with the permission of a parent/guardian, and those aged 14 may be
engaged in vocational training/employment with the permission of both the parent/guardian and
MOSWL. The Labor Law prohibits minors under age 18 from being required to work
overtime or on holidays or weekends and limits the hours of legal employment based on the age of
the minor.1682 In 1999, the government developed a list of hazardous employment activities in
which minors are prohibited from working.1683 Article 16 of the Constitution prohibits forced
1679
Both gross and net primary enrollment rates are lower for males (86.3 percent and 79.4 percent,
respectively) than for females (90.7 percent and 83.4 percent, respectively). See World Development
Indicators 2001.
1680
Asian Development Bank, “Country Assistance Plans: Mongolia,” Section I.C.1, “Gender Issues,”
item 19, at www.adb.org/Documents/CAPs/MON/0103.asp?p’ctrymon. According to the report, “young
males are taken out of school to contribute labor to livestock production in family herds, and in a modern-
izing society, this poses a problem for males who will risk lacking the knowledge and skills necessary to
adapt to a rapidly evolving market economy. Boys comprise about 40 percent of the student population in
secondary schools and only 20 percent at the tertiary level.”
1681
UNESCO, The Education for All 2000 Assessment, Country Report—Mongolia, Section II, Chapter 2,
at www2.unesco.org/wef/countryreports/Mongolia/rapport_1.htm. According to the Government of
Mongolia, “Survey on the Secondary School Dropouts” (Ulaan Baatar, October 10, 2001) [document on
file], statistics show that more than 130,000 children between the ages of 8 and 17 are not in school.
1682
Government of Mongolia, Labor Law (Ulaan Baatar: “Bit Service” Co., Ltd., with permission of the
Ministry of Justice, May 5, 1999), Articles 71, 109-110, and 141. Children aged 14 and 15 may not work
more than 30 hours, and children aged 16 and 17 may not work more than 36 hours. Article 141.1.6
assesses the penalty for violation of child labor laws at between 15,000 and 30,000 tughriks (USD 14 to
27). For currency conversion, see http://www.carosta.de/frames/convert.htm on 2/7/02.
1683
Order No. A/204, “List of Prohibited Jobs for Minors/People under 18,” August 13, 1999 [document
on file].
231
labor.1684 The Criminal Code of Mongolia prohibits prostitution below the age of 16, and
penalties apply to organizers, customers, and providers of prostitution. The production and dis-
semination of pornographic materials is also illegal under the Criminal Code.1685
The State Labor and Social Welfare Inspection Agency under MOSWL is responsible for
enforcing child labor laws.1686 However, labor inspectors rarely inspect medium and small enter-
prises.1687 In November 2000, the U.S. Customs Service issued a detaining order against clothing
manufactured by a foreign-owned factory in Mongolia, alleging that the factory had used forced
child labor in the manufacture of its products.1688 The factory was requiring children 16 to 18 years
old to work more hours than Mongolian law allows.1689
Mongolia has not ratified ILO Convention 138, but ratified ILO Convention 182 on
February 26, 2001.1690
1684
Constitution of Mongolia. However, the U.S. Department of State notes that some military forces are
required to work in rural areas, and some prisoners work to support their prison facilities or perform
menial tasks to fulfill sentences. See Country Reports on Human Rights Practices for 2000—Mongolia
(Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section 6c, at
http://www.state.gov/g/drl/rls/hrrpt/2000/eap/index.cfm?docid’748.
1685
Criminal Code of Mongolia, Articles 110-111, 125, in Project Protection Database, at
www.protectionproject.org. Individuals who sexually exploit children under the age of 16 are subject to 3
years imprisonment or 1.5 years of correctional work; purveyors of prostitution of children under the age
of 16 are subject to up to 5 years in jail or between 50,000-100,000 tughriks (approximately USD 45 to
91).
1686
“Situational Analysis on Child Labour in Mongolia” at 37.
1687
Ibid. at 34.
1688
Washington File, “U.S. Customs Commissioner Issues Detention Order on Clothing Produced in
Mongolia with Forced Child Labor,” press release, Washington, D.C., November 28, 2000, at www.usis-
australia.gov/hyper/2000/1128/epf203.htm. The order was issued pursuant to U.S. law (19 U.S.C. 1307)
after a determination that the factory manufactured textiles using forced labor. Factory working conditions
were allegedly substandard, and management was failing to pay overtime correctly.
1689
Country Reports 2000 at Section 6d.
1690
ILOLEX database: Mongolia at http://ilolex.ilo.ch:1567/english/.
NOTE: Hard copies of all Web citations are on file.
232
Morocco
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In October 1999, the Government of Morocco established a national action plan to combat
child labor, especially its worst forms.1691 Morocco became a member of ILO-IPEC in 2000.1692
The government is currently participating in an ILO-IPEC project to develop institutional capacity
and provide direct support for combating child labor.1693 In March 2001, the Ministry of Labor
held awareness-raising and training sessions on child labor laws for 35 labor inspectors. Additional
training is being provided for about 215 labor and occupational health and safety inspectors. In
April 2001, inspectors began their own child labor awareness-raising and training sessions for
employers.1694 In 2000, the government produced a sectoral plan focusing on girls working as
domestic servants and began a pilot program to provide them with education, health care, and
recreation.1695 Another program in Casablanca set up five centers to provide educational, health
care, and recreational services to girls identified as child maids.1696 The government has also
established a National Observatory for Children’s Rights, headed by Princess Lalla Meryem.1697
The Ministry of Labor is working with the Ministry of National Education and local NGOs
to eradicate child labor through public awareness campaigns and by increasing school atten-
dance.1698 The Ministry of Education, in cooperation with the Ministry of Health and with the
support of UNICEF, is pursuing a strategy to ensure basic education and healthcare for child
workers.1699 In September 2000, authorities in the city of Fez began a program to open four centers
for the protection of child handicraft workers. Centers will provide children’s rights education to
child workers, their families and employers.1700
1691
U.S. Consulate–Casablanca, unclassified telegram no. 1157, October 2001 [hereinafter unclassified
telegram 1157]. See also Royaume du Maroc, Plans National et Setoriels d’Action de la Lutte Contre le
Travail des Enfants au Maroc (October 1999).
1692
ILO-IPEC, “All About IPEC: Programme Countries,” at http://www.ilo.org/public/english/standards/
ipec/about/countries/t_country.htm on 11/30/01.
1693
Unclassified telegram 1157.
1694
Ibid.
1695
Ibid.
1696
Ibid.
1697
Royaume du Maroc, Observatoire National des Droits de L’Enfant, CD Rom.
1698
U.S. Embassy–Casablanca, unclassified telegram no. 0761, July 2001 [hereinafter unclassified
telegram 0761].
1699
Country Reports on Human Rights Practices for 2000—Morocco (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], at Section 6d.
1700
Ibid.
233
The government has taken steps to improve the quality of primary education in Morocco
by reforming the curriculum, training teachers, hiring more teachers, and assigning teachers to
serve in their hometowns to reduce teacher absenteeism.1701 The Ministry of National Education is
implementing a World Bank-funded program to strengthen the Ministry’s institutional capacity,
improve teaching quality, and build or rehabilitate schools in rural regions.1702 The government has
also instituted flexible school calendar policies and provided toilet facilities for children, especially
girls, in an effort to encourage student attendance and retention.1703 It is also developing pilot
initiatives four out-of-school children under the Ministry of Education’s Non-Formal Education
Program.1704 In 1996, public expenditure on education represented 5 percent of the GNP and 25
percent of total government expenditures.1705
In 1999, the ILO estimated that 5.5 percent of children between the ages of 7 and 14 in
Morocco were working.1706 The majority of child labor is found in the agricultural sector.1707 Boys
and girls work as shepherds and are paid with cash or in kind.1708 Children also work as weavers in
the carpet industry; in small family-run workshops that produce ceramics, woodwork, and leather
goods; and as mechanics, porters, tourist guides, street vendors, and beggars.1709 Many children
work as apprentices before they reach 12 years of age, particularly in the informal handicraft
industry where they traditionally are not considered workers but trainees learning a skill or
trade.1710
1701
Unclassified telegram 1157 and unclassified telegram 0761.
1702
World Bank, “Morocco: Education Reform Support Project,” World Bank project information docu-
ment at www.worldbank.org.
1703
Unclassified telegram 0761.
1704
Royaume du Maroc. Ministére de l’Education Nationale. “Education Non-Formelle: L’Ecole de la
Deuxieme Choice.” [n.d.]
1705
World Education Report 2000: The Right to Education, Towards Education for All throughout Life
(Geneva: UNESCO Publishing, 2000) [hereinafter World Education Report 2000], at 164.
1706
According to the ILO, 514,694 children are working. See ILO, Yearbook of Labour Statistics (2000)
(Geneva: ILO, 2000) Table 1A. In 1995, a survey conducted by the government of Morocco, in collabora-
tion with the ILO-IPEC estimated that 6.5 percent of children under the age of 15 in Morocco were
working. Royaume du Maroc et le Bureau International du Travail, Le Travail des Enfants au Maroc:
Diagnostic et Propositions de Plan National et de Plans Sectoriels d’Action (Rabat, October 1999).
1707
Unclassified telegram 1157.
1708
Girls also feed and milk animals, fetch water, and collect firewood. See International Working Wash-
ington File Group on Child Labour, Forgotten on the Pyjama Trail: A Case Study of Young Garment
Workers in Méknès (Morocco) Dismissed from Their Jobs Following Foreign Media Attention (Interna-
tional Working Group on Child Labour, 1998) [hereinafter Forgotten on the Pyjama Trail], 15. See also
unclassified telegram 0761.
1709
Country Reports 2000. See Nicolas Pelham, “Fine Crafts from Too-Tiny Hands,” Christian Science
Monitor, January 11, 2001, at www.csmonitor.com/durable/2001/01/11/pls3.htm. See, Section 6d, at http://
www.state.gov/g/drl/rls/hrrpt/2000/nea/804.htm. See also Forgotten on the Pyjama Trail at 15.
1710
A study of the artisan sector in the city of Fez found that 45 percent of workers were less than 15 years
234
In urban areas, girls can be found working as domestic servants, often in situations of
“adoptive servitude,”1711 whereby girls, often from rural areas, are trafficked, “sold” by their
parents, or offered by orphanages and “adopted” by wealthy urban families to work in their
homes.1712 In urban areas, teenagers are reported to engage in prostitution.1713
Education is compulsory for six years, or between the ages of 7 and 13 years.1714 Primary
education is free.1715 The government does not enforce the compulsory education law.1716 In 1996,
the gross primary enrollment rate was 86 percent, and the net primary enrollment rate was 73.4
percent.1717 Girls attend school at a lower rate than boys, particularly in rural areas where house-
hold chores often prevent girls from attending school.1718 The percentage of students who entered
primary school in 1995 and reached grade 2 was 92 percent, and the percentage that reached grade
5 was 75 percent.1719
The minimum age of employment is 15 years. In January 2001, the adoption ILO Conven-
tion 138 led to a change in the minimum age from 12 to 15 years.1720 The minimum age law
applies to all sectors and includes apprentices and children working in family businesses. The
minimum age for hazardous and night work is 18 years.1721 A royal decree prohibits forced or
compulsory labor, which particularly affects children in “adoptive servitude.”1722
of age, as cited in unclassified telegram 1157. See also Country Reports 2000 at Section 6d. See also
Forgotten on the Pyjama Trail at 15.
1711
Country Reports 2000 at Section 5.
1712
Unclassified telegram 1157. See also Country Reports 2000 at Section 5 and U.S. Department of
State, Trafficking in Persons Report, July 2001, Morocco.
1713
Wafa Bennani, “Morocco Street Children,” excerpted from Reuters, September 24, 1996, at
www.pangaea.org/street_children/africa/morocco.htm. See also Country Reports 2000 at Section 5.
1714
Country Profiles on the Situation of Youth: Morocco, Youth at the United Nations, at http://esa.un.org/
socdev/unyin/country3b.asp?countrycode’ma.
1715
Unclassified telegram 1157 and Country Reports 2000 at Section 5.
1716
Country Reports 2000 at Section 5.
1717
The gross primary enrollment rate was 97.3 percent for boys and 74.2 percent for girls. The net
primary enrollment rate was 82.6 percent for boys and 64.7 percent for girls. See World Development
Indicators 2001 (Washington, D.C.: World Bank, 2001).
1718
Country Reports 2000 at Section 5.
1719
World Education Report 2000, 144.
1720
Unclassified telegram 1157.
1721
Ibid.
1722
Country Reports 2000 at Section 6c.
235
The Ministry of Labor is responsible for implementing and enforcing child labor laws and
regulations.1723 Legal remedies to enforce child labor laws include criminal penalties, civil fines,
and withdrawal of licenses. However, the small number of labor inspectors and the lack of re-
sources limit the application of these remedies, and they are generally insufficient to punish and
deter violators.1724 Morocco ratified ILO Convention 138 on January 6, 2000 and ILO Convention
182 on January 26, 2001.1725
1723
Unclassified telegram 1157. See also Country Reports 2000 at Section 6d.
1724
Unclassified telegram 1157.
1725
ILO, ILOLEX database, International Labour Standards, at http://ilolex.ilo.ch:1567/english/index.htm
on 11/30/01.
NOTE: Hard copies of all Web citations are on file.
236
Mozambique
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the government began working with UNICEF to implement a rapid assessment
survey of child labor in Mozambique.1726 Following the completion of the survey, the Ministry of
Labor worked with UNICEF to develop a Draft Strategy for the Eradication of Child Labor.1706
The government is currently collaborating with UNICEF and ILO-IPEC to implement a plan of
action developed at a national child labor conference held in July 2001. The plan calls for the
prevention of child labor, and the protection and rehabilitation of child workers. The government is
also creating a national coordinating committee for the elimination of child labor. The Ministry of
Labor will serve as the central point on child labor.1707
Since 1997, the government has worked on a campaign against child prostitution and
sexual abuse, including such activities as disseminating pamphlets and flyers and issuing public
service announcements.1708 The government has trained the police about child prostitution and
pornography; and began a rehabilitation program for children in prostitution, providing education
referrals and training opportunities.1709 In June 2000, the Ministry of Women and Social Action
began a campaign against the sexual exploitation of children and is educating hotel employees
about child prostitution.1710 In addition, the government is working with international donors to
expand the primary school network.1711
In 1999, the ILO estimated that 32.7 percent of children between the ages of 10 and 14 in
Mozambique were working.1712 A rapid assessment child labor survey conducted by the Ministry
of Labor and UNICEF estimated that approximately 50 percent of children begin working before
1726
Government of Mozambique, Ministry of Labour, and UNICEF, Child Labour Rapid Assessment:
Mozambique (Part I) (Geneva: UNICEF, 1999/2000) [hereinafter Child Labour Rapid Assessment], at
11.
1706
Ibid. at 96. The Ministry of Labor is currently undertaking a global review of all relevant laws and
regulations for future consolidation, harmonization, and modernization. The Ministry is also drafting
new regulations prohibiting most street and market vending activities by children. See also U.S. Em-
bassy–Maputo, unclassified telegram no. 2817, October 2001 [hereinafter unclassified telegram 2817].
1707
Unclassified telegram 2817.
1708
Ibid.
1709
Ibid.
1710
Country Reports on Human Rights Practices for 2000—Mozambique (Washington, D.C.: U.S.
Department of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/
rls/hrrpt/2000/af/index.cfm?docid’859.
1711
Unclassified telegram 2817.
1712
ILO statistics as cited in World Development Indicators 2001 (Washington, D.C.: World Bank, 2001)
[CD-ROM].
237
the age of 12.1713 Children work in the informal sector on family farms, in factories,
forestry, and small-scale mining.1714 There are also reports of the growing incidence of children
working in construction.1715 In urban areas children wash and guard cars, collect scrap metal, hawk
food and other goods on streets, and beg.1716 In rural areas, they work on commercial farms
alongside their parents or as independent workers, often picking cotton or tea.1717 Children, mostly
girls, also work as domestic servants.1718 In some cases, children are forced to work in order to
settle family debts.1719 The number of children in prostitution is growing in both urban and rural
regions.1720
Education is compulsory and free through the age of 12, but there is a matriculation fee for
each child, and children are responsible for purchasing books and school supplies.1721 Enforcement
of compulsory education laws is inconsistent, because of the lack of resources and the lack of
schools in the upper grades.1722 In 1995, the gross primary enrollment rate was 60.2 percent, and
the net primary enrollment rate was 39.8 percent.1723 In 1995, 86 percent of students who entered
primary school reached grade two, and 46 percent reached grade five.1724 Girls have lower enroll-
ment rates and higher dropout rates than boys.1725 Floods in February and March 2000 destroyed a
1713
Child Labour Rapid Assessment, 36.
1714
Unclassified telegram 2817. See also Country Reports 2000, Section 6d, and Child Labour Rapid
Assessment at 58.
1715
Country Reports 2000, Section 6d.
1716
Unclassified telegram 2817. See also Country Reports 2000 at Section 6d and Child Labour Rapid
Assessment at 54, 78.
1717
Country Reports 2000 at Section 6d. See also Line Eldring, Sabata Nakanyane, and Malehoko
Tshoaedi, Child Labour in the Tobacco-Growing Sector in Africa, report prepared for the IUF/ITGA/BAT
Conference on the Elimination of Child Labour, FAFO, Nairobi, October 8-9, 2000 [hereinafter Child
Labour in the Tobacco-Growing Sector in Africa], 48, and Child Labour Rapid Assessment at 61-76.
1718
Country Reports 2000 at Section 6d. See also Child Labour Rapid Assessment at 47.
1719
Country Reports 2000 at Section 5. See also Child Labour in the Tobacco-Growing Sector in Africa at 48.
1720
Country Reports 2000 at Sections 5, 6d.
1721
Unclassified telegram 2817.
1722
Ibid.
1723
World Development Indicators 2001.
1724
World Education Report 2000: The Right to Education, Towards Education for All throughout Life
(Geneva: UNESCO Publishing, 2000), 144.
1725
In 1995, the gross primary enrollment rate was 70.2 percent for boys and 50.2 percent for girls, and
the net primary enrollment rate was 45.2 percent for boys and 34.4 percent for girls. Ninety percent of
boys who entered primary school in 1995 reached grade two, and 52 percent reached grade five. The rates
for girls were 79 and 39 percent, respectively. See World Development Indicators 2001 (Washington,
D.C.: World Bank, 2001) [CD-ROM]. See also World Education Report 2000: The right to education,
towards education for all throughout life (Geneva: UNESCO, 2000) 144.
1726
Country Reports 2000 at Section 5.
238
number of schools, and other schools were converted into emergency shelters.1726
Law 8/98 sets the minimum age for employment at 15 years, but in exceptional cases,
allows for children under 15 to work with the joint approval of the Ministries of Labor, Health, and
Education.1727 It sets restricted conditions on the work minors between the ages of 15 and 18 may
perform, limits the number of hours they can work, and establishes training, education, and medi-
cal exam requirements.1728 Children between the ages of 15 and 18 are prohibited from being
employed in unhealthy or dangerous occupations or occupations requiring significant physical
effort, as determined by the Ministry of Labor.1729 The Constitution prohibits forced labor, except
in the context of penal law.1730
Laws do not criminalize the offering or procuring of children for prostitution or for child
pornography. In May 1999, the National Assembly passed a law prohibiting the access of minors
to bars and clubs in an effort to address the problem of children prostitution.1731 Some provisions
of the Penal Code can also help protect minors against exploitation, incitement, or compulsion to
engage in illegal sexual practices.1732 The age for conscription and voluntary recruitment into the
military is 18 years.1733 In times of war, however, the minimum age for military conscription may
be changed.1734
The Ministry of Labor has the authority to enforce and regulate child labor laws in both the
formal and informal sectors.1735 Labor inspectors may obtain court orders and use the police to
enforce compliance with child labor legislation.1736 There has not been any specialized training for
labor inspectors on child labor. The police are responsible for investigating complaints relating to
1727
Unclassified telegram 2817. See also Country Reports 2000 at Section 6d.
1728
Unclassified telegram 2817. See also Country Reports 2000 at Section 6d.
1729
Unclassified telegram 2817.
1730
Constitution of Mozambique, Article 88(3), November 1990, at http://confinder.richmond.edu/
MOZ.htm.
1731
Country Reports 2000 at Section 5.
1732
Child Labour Rapid Assessment at 80.
1733
U.S. Embassy–Maputo, unclassified telegram no. 2544, September 2001.
1734
Coalition to Stop the Use of Child Soldiers, Child Soldiers Global Report (London, May 2001).
1735
Both the labor inspectorate and the police are understaffed, under-funded, and lack training, which
limits their ability to effectively enforce child labor laws. Unclassified telegram 2817. See also Country
Reports 2000 at Section 6d.
1736
Unclassified telegram 2817.
239
child labor offences punishable under the Penal Code.1737 The Labor Inspectorate at the
Ministry of Labor is responsible for investigating complaints about violations of child labor laws,
but according to the Ministry, no such investigations have been conducted in the formal sector. In
theory, violators of child labor laws would be subject to fines ranging from one to 10 times the
minimum wage.1738 Mozambique has not ratified ILO Convention 138 or ILO Convention 182.1739
1737
Ibid.
1738
Ibid.
1739
ILO, ILOLEX database of International Labour Standards, at http://ilolex.ilo.ch:1567/english/
index.htm, on 11/30/01. Ratification was promised in a July 2001 conference, and the Ministry of Labor
has forwarded the convention to the National Assembly. See unclassified telegram 2817.
NOTE: Hard copies of all Web citations are on file.
240
Namibia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Namibia collaborated with ILO-IPEC and UNICEF to issue the
Namibia Child Activities Survey 1999 in December 2000.1740 The government is currently revamp-
ing a national labor law to improve child labor enforcement.1741 The Labor Advisory Council, a
tripartite board comprised of representatives from the government, unions, and the private sector,
sponsored a series of workshops in 2001 to raise awareness on child labor regulations among
employers.1742 The Ministry of Health and Social Services is implementing a street children
program that places street children in shelters and vocational training programs and registers the
parents of street children in income-generating programs.1743
In the 1999-2000 fiscal year, the government built 691 new school facilities. The Ministry
of Basic Education, Sport and Culture has introduced a number of programs to improve access to
basic education for children from marginalized groups, such as community-based curricula, mobile
schools, and school meal programs.1744
In 1999, a child labor survey conducted by the Namibia Ministry of Labor, in cooperation
with ILO-IPEC, estimated that 16.3 percent of children between the ages of 6 and 18 in Namibia
were working.1745 The majority of children lives in rural areas and work in occupations requiring
1740
Government of Namibia, Ministry of Labour, Namibia Child Activities Survey 1999: Report
of Analysis (Windhoek: Ministry of Labour, December 2000) [hereinafter Namibia Child
Activities Survey 1999] at http://www.ilo.org/public/english/standards/ipec/simpoc/namibia/
report/namibia.pdf on 1/29/02.
1741
U.S. Embassy–Windhoek, unclassified telegram no. 1890, September 2001 [hereinafter
unclassified telegram 1890].
1742
Ibid.
1743
ILO, The Effective Abolition of Child Labour, review of annual reports under the follow-up
to the ILO Declaration on Fundamental Principles and Rights at Work, GB.280/3/2 (Geneva:
ILO, March 2001) [hereinafter The Effective Abolition of Child Labour], 321.
1744
Government of the Republic of Namibia, “Ministry of Basic Education, Sport and Culture,”
at http://www.op.gov.na on 12/7/01.
1745
The survey found that 72,405 children between 6 and 18 were working in 1999. The labor
force participation rates of boys and girls were similar: 15.4 percent of girls and 17.2 percent of
boys. See Namibia Child Activities Survey 1999, 34.
241
minimal skill or education.1746 Children tend livestock, and work on commercial farms and
in the communal agriculture and fishing sectors.1747 Children also work in the informal sector.1748
Education is compulsory for 10 years between the ages of 6 and 16.1749 The Constitution
directs the government to provide free primary education; however, families must pay fees for
uniforms, books, hostels, and school improvements.1750 In 1997, the gross primary enrollment rate
was 130.6 percent, and the net primary enrollment rate was 91.2 percent.1751 According to the
Ministry of Labor’s child labor survey, 80 percent of working children between the ages of 6 and
18 continue to attend school while they are employed.1752
The Labor Act sets the minimum age for employment at 14 years, stipulates that children
under the age of 15 may not be employed in any industrial undertaking or mine, and prohibits
children under the age of 16 from working underground.1753 The Labor Act also places an exten-
sive set of restrictions on the employment of children 14 to 15 years of age, and children under 18
years are prohibited from performing night work.1754
The Constitution states that children—defined as persons under the age of 16—are entitled
to be protected from economic exploitation and prohibits the employment of children in work that
is hazardous, interferes with their education, or is harmful to their health or physical, mental,
spiritual, moral, or social development.1755 The Constitution also prohibits the employment of
children under the age of 14 in any factory or mine except under regulated conditions.1756 The
1746
Namibia Child Activities Survey 1999 at 38.
1747
Unclassified telegram 1890. See also Namibia Child Activities Survey 1999 at 38.
1748
Country Reports on Human Rights Practices for 2000—Namibia (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/index.cfm?docid’666.
1749
UNESCO, Institute for Statistics, “Statistics: National Education Systems,” at http://
unescostate.unesco.org on 11/21/01. See also Article 20(2)-(3) of the Constitution of the Republic of
Namibia [hereinafter Constitution of Namibia], at www.uni-wuerzburg.de/law/wa00000_.html on 12/7/01.
1750
Constitution of Namibia at Article 20(1) on 12/7/01. See also Country Reports 2000 at Section 5.
1751
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
1752
Namibia Child Activities Survey 1999 at 37.
1753
Labour Act 1992, Section 42, as cited in Namibia Child Activities Survey 1999 at 22.
1754
The Effective Abolition of Child Labour, 320.
1755
Constitution of the Republic of Namibia at Article 15(2) on 12/7/01.
1756
Ibid. at Article 15(3).
242
Constitution prohibits slavery and forced labor.1757 The 1960 Children’s Act criminalizes the
sexual exploitation of children under 18 years of age.1758 The 1980 Combating of Immoral Prac-
tices Act also protects girls under the age of 16 from being solicited for immoral acts.1759
The Ministry of Labor is responsible for enforcing the Labor Act and conducts inspections
to monitor compliance with labor laws.1760 Labor inspectors at the Ministry of Labor are not
trained specifically in child labor issues,1761 and inspectors sometimes have problems gaining
access to large, family-owned, commercial farms to investigate possible violations.1762 As of
March 2001, the Ministry of Labor had employed 24 labor inspectors.1763 The government can use
criminal penalties and court orders to enforce child labor laws.1764
Namibia ratified ILO Convention 138 and ILO Convention 182 on November 15, 2000.1765
1757
Ibid. at Article 9.
1758
Country Reports 2000 at Section 6d.
1759
Combating of Immoral Practices Act, Act No. 21, 1980, Section 13(2) and 14(1)(a)-(c) [document on
file].
1760
The Effective Abolition of Child Labour at 321.
1761
Unclassified telegram 1890.
1762
Country Reports 2000 at Section 6c.
1763
The Effective Abolition of Child Labour at 322.
1764
Country Reports 2000 at Section 6d.
1765
ILO, ILOLEX database, International Labour Standards at http://ilolex.ilo.ch:1567/english/index.htm
on 11/30/01.
NOTE: Hard copies of all Web citations are on file.
243
Nepal
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Nepal has been a member of ILO-IPEC since 1994. Since then, a
national child labor survey was conducted in 1996 with technical assistance from the ILO’s Bureau
of Statistics. Almost 12,000 working children and their families have benefited from more than
100 ILO-IPEC child labor programs in four specific areas: policy formulation by government and
nongovernmental organizations; direct intervention programs with child workers; awareness
raising and community mobilization; and legislation and enforcement.1766 In 1999, Nepal was part
of a three-country Asia sub-regional project to combat trafficking.1767 A follow-up national child
labor survey is also being planned by the Government for 2002 with technical assistance from
ILO-IPEC’s SIMPOC.1768
In 2001, with funding from USDOL, Nepal became one of three countries to launch a
comprehensive ILO-IPEC Time-Bound Program, to eliminate the worst forms of child labor,
emphasizing on porters, rag pickers, domestic workers, labor in the carpet industry and in mines,
bonded labor, and trafficking for sexual or labor exploitation. The project will be ongoing from
2000-2004.1769 The Government of Nepal has also drawn up a proposal for immediate action to
rescue and rehabilitate recently freed bonded laborers, including vocational training and counseling
services.1770 The government has a National Plan of Action to Combat Trafficking and is in the
process of developing legislation that addresses trafficking as well as sexual abuse of children.1771
In its Ninth Year Plan, the government aims to make primary education easily accessible and
compulsory and is currently implementing a pilot program to test compulsory primary educa-
tion.1772
1766
ILO-IPEC, Country Profile: Nepal (Geneva, 2001), 1-2.
1767
ILO-IPEC, Elimination of Trafficking in South Asia, project document (Geneva, 1999) [document on
file].
1768
ILO-IPEC, Child Labor Statistics, SIMPOC countries, at http://www.ilo.org/public/english/standards/
ipec/simpoc/countries.htm on 1/29/02.
1769
ILO-IPEC, Supporting the Time-Bound Programme in Nepal: The IPEC Core TBP Project, project
document [hereinafter Supporting the Time-Bound Programme in Nepal], 12-14.
1770
ILO-IPEC, “Sustainable Elimination of Bonded Labor in Nepal” (Geneva, December 2000) [hereinaf-
ter “Sustainable Elimination of Bonded Labor in Nepal”], 1.
1771
U.S. Embassy–Kathmandu, unclassified telegram no. 1216, June 2000 [hereinafter unclassified
telegram 1216].
1772
ILO-IPEC, “Project on Sustainable Elimination of Bonded Labour in Nepal” (draft), Technical
Progress Report No. 4, October-December 2001, [hereinafter “Sustainable Elimination of Bonded Labour
in Nepal”], at 2.
244
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 42.7 percent of children between the ages of 10 and 14
were working.1773 The majority of working children participate in family-based subsistence
agriculture, while a small percentage work in manufacturing facilities.1774 According to ILO-IPEC,
more than 80 percent of working children do not receive wages.1775 They are often forced to work
under exploitative and hazardous conditions.1776 Although forced labor is not widespread, an ILO-
IPEC study has estimated that 33,000 children work as bonded laborers.1777 Children as young as
16 years old are found working prostitutes. 1778 It is believed that 20 percent of the prostitutes in
Nepal are younger than 16 years old. Local NGOs estimate that, annually, 5,000 to 7,000 Nepali
girls between 10 and 18 years old are forced into prostitution.1779 Women and girls are trafficked to
India for the purposes of sexual exploitation.1780
Although education is not compulsory, the government provides free primary education
for all children between the ages of 6 and 12. Still, public primary schools commonly charge non-
tuition fees to offset their expenses,1781 and families frequently do not have the money to pay for
school supplies and clothing.1782 In 1997, the gross primary enrollment rate was 122.1 percent, and
the net primary enrollment rate was 69.6 percent.1783 Most children (roughly 60 percent) who work
also attend school. More working boys (70 to 75 percent) go to school than working girls (50 to 60
percent).1784
1773
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001).
1774
Unclassified telegram 1216. Nepali people are heavily dependent on agriculture, which accounts for
almost 42 percent of the country’s gross domestic product. See “Sustainable Elimination of Bonded Labor
in Nepal”, 1
1775
ILO-IPEC, “Child Labor Situation in Nepal,” fact sheet, 9.
1776
Geir Myrstad, David Clarkson, and H. S. S. Fonseka, “Strategic Plan for 2000-2007: Nepal”
(Kathmandu: ILO-IPEC, 2000), 3.
1777
ILO-IPEC, “IPEC Country Profile: Nepal” at http://www.ilo.org/public/english/standards/ipec/
timebound/nepal.pdf on 2/14/02.
1778
South Asian Sub-Regional Programme to Combat the Trafficking of Children for Exploitative Em-
ployment in Bangladesh, Nepal and Sri Lanka, project document (Geneva: ILO-IPEC, February 2000)
[hereinafter South Asian Sub-Regional Programme], Section 1.2.3.
1779
Country Reports on Human Rights Practices for 2000—Nepal (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/hrrpt/2000/
sa/index.cfm?docid’711.
1780
South Asian Sub-Regional Programme at Section 1.2.3.
1781
“Sustainable Elimination of Bonded Labor in Nepal”, 1.
1782
Country Reports 2000 at Section 5.
1783
UNESCO, Education for All: Year 2000 Assessment (Paris, 2001) [CD-ROM].
1784
ILO, Migration and Employment Survey of Nepal, Central Department of Population Studies,
Tribhuvan University, 1995-96, Table 5.
245
Child Labor Laws and Enforcement
The Labor Act of 1999 and the Children’s Act of 1992 set the minimum age for employ-
ment at 14 years.1785 On July 17, 2000, the Government of Nepal made a landmark decision to
outlaw the Kamaiya system, one form of bonded labor, and the government drafted a Bonded
Labour Prohibition Act, which is intended to provide comprehensive legislation prohibiting
bonded labor.1786 The Constitution of Nepal (Article 20) prohibits the employment of minors in
factories, mines or other hazardous work.1787 The restrictions on child labor do not apply to non-
organized business sectors with ten or less employees.1788 The Constitution (Article 20) and the
Civil Code of 1990 prohibit trafficking.1789 The Children’s Act of 1992 also prohibits the sexual
exploitation of children.1790
Enforcement and effective implementation of child labor laws are weak, due to inadequa-
cies with child labor procedures and penalties, and ambiguities pertaining to jurisdiction for
enforcement. The Labor Act entrusts labor offices with enforcement of child labor laws, while the
Children’s Act gives the responsibility to the District Children Welfare Board.1791 The Government
of Nepal ratified ILO Convention 138 on May 30, 1997, and ratified ILO Convention 182 on
January 3, 2002. 1792
1785
The Labor Act defines a minor as anyone between the ages of 14 and 18, and the Children’s Act
identifies a child as below the age of 16 years, as cited in Government of Nepal, National Planning
Commission, Situation Analysis of Child Labor in Nepal, July 1997 [hereinafter Situation Analysis of
Child Labor in Nepal], 70-71. See also Yubaraj Sangroula, “Child Labor: Legislation and Enforcement
Situation” (Kathmandu: Faculty of Law, Tribhuvan University, 1997), 8-10.
1786
While the new bonded labor legislation exists in draft form only, it is hoped that it will be the first
comprehensive piece of legislation on bonded labor in Nepal. See Supporting the Time-Bound Programme
in Nepal, 12-14.
1787
The Constitution of Nepal does not define the term “hazardous work” or the word “minor.” See
“Situation Analysis of Child Labor in Nepal” at 71.
1788
“Situation Analysis of Child Labor in Nepal” at 71, 73.
1789
Human Rights Reports: Nepal, Protection Project Database, at www.protectionproject.org on 12/30/01.
1790
Ibid.
1791
Yubaraj Sangroula, “Child Labor: Legislation and Enforcement Situation” (Kathmandu: Faculty of
Law, Tribhuvan University, 1997), 15.
1792
In September 2001, the Nepalese Parliament ratified ILO Convention No. 182, but the Government of
Nepal has not deposited the required instruments with the ILO for full recognition of the ratification. See
ILOLEX database: Nepal at www.ilolex.ilo.org on 12/30/01. See also “Sustainable Elimination of Bonded
Labour in Nepal”.
246
Nicaragua
Government Programs and Policies to Eliminate the Worst Forms of Child Labor
The Government of Nicaragua has been a member of ILO-IPEC since 1996.1793 ILO-IPEC
is currently working with the Ministry of Labor on several USDOL-funded projects to eliminate
child labor. An ILO-IPEC project targets children working in garbage dumps.1794 A second project
addresses the problem of children in prostitution in León, while a third project targets children
working in coffee farms in the rural areas of Matagalpa and Jinotega.1795 A fourth ILO project aims
to eliminate child labor in farming and stockbreeding in the Department of Chontales. Finally, the
Ministry of Labor (MITRAB), with technical assistance from ILO-IPEC’s SIMPOC, is undertak-
ing a national child labor survey.1796
Through the National Commission for the Eradication of Child Labor, the government of
Nicaragua, in collaboration with international organizations, NGOs, and the private sector, has
developed a strategic plan for addressing child labor in the country. 1797 The National Commission
has also identified forms of work which are among the worst forms of child labor, initiated policies
to end the exploitation of children, provided alternatives for working minors to receive formal
schooling, and increased protections for children in the workplace. The current plan of action
includes a national campaign, “Study First, Work Later,” as well as initiatives aimed at the pro-
gressive elimination of child labor in the indigenous community of Subtavia, Leon, on the streets
of Managua, and in the market of Santos Barcenas.1798
In 1999, the ILO estimated that 10.8 percent of children between the ages of 10 and 14 in
Nicaragua were working.1799 Children work in the production of export crops such as coffee,
1793
“Prevention and Progressive Elimination of Child Labour in the Coffee Industry in Nicaragua,”
project document, 1999 [hereinafter “Prevention and Progressive Elimination of Child Labour in the
Coffee Industry”], 3 [document on file].
1794
“Elimination of Child Labor at la Chureca Dump Yard, Department of Managua,” project document,
2000 [hereinafter “Elimination of Child Labor at la Chureca”], p. 13 [document on file].
1795
“Elimination of Child Labor and the Risk of Sexual Exploitation of Girls and Teenagers in the Bus
Station in the Municipality of Leon,” project document, 1998 [document on file], and “Prevention and
Progressive Elimination of Child Labour in the Coffee Industry”], 3.
1796
ILO-SIMPOC Project Document—Central America, 21 September 1999.
1797
“Plan estratégico nacional para la prevención y erradicación del trabajo infantil y protección del
adolescente trabajador: Nicaragua, 2001-2005” (Comisión Nacional para la Erradicación Progresiva del
Trabajo Infantil y la Protección del Menor Trabajador, 2000) [hereinafter “Plan estratégico nacional para
la prevención y erradicación del trabajo infantil”], 30-31 [document on file].
1798
Ministerio do Trabajo, “Actividades Realizadas Para Erradicar El Trabajo Infantil en Nicaragua”
(Managua, April 1999) [document on file].
1799
ILO, Yearbook of Labour Statistics (Geneva, 2000). According to the ILO, 74,180 children were
working.
247
bananas, tobacco, and rice, as well as in fishing and stockbreeding.1800 Some children are
forced by their parents to work as beggars and vendors, and some are “rented” by their parents to
organizers of beggars.1801 Children in several areas of the country are involved in the trafficking of
drugs.1802 Child prostitution has increased in Nicaragua, particularly in Managua, port cities, rural
areas, and along the Honduran and Costa Rican borders.1803 Children are also trafficked from
Nicaragua to Mexico and Guatemala for the purpose of prostitution.1804
Education is free and compulsory through the sixth grade (age 12) in Nicaragua.1805 In
1997, the gross primary enrollment rate was 101.6 percent and the net primary enrollment rate was
77.3 percent.1806
The Labor Code of 1996 sets the minimum age for employment at 14. Parental consent is
required for children ages 14 to 16 to be employed.1807 Under the Labor Code, children between
the ages of 14 and 17 cannot work at night or for over six hours a day.1808 Children under the age
of 18 are prohibited from work that endangers their health and safety, such as work in mines,
garbage dumps, and night entertainment venues.1809 The Constitution prohibits any employment of
children that could adversely affect normal childhood development or interfere with schooling. The
Constitution also prohibits slavery and servitude and provides protection from any type of eco-
1800
“Plan estratégico nacional para la prevención y erradicación del trabajo infantil”, 30-31. See also
“Prevention and Elimination of Child Labor in the Farming and Stockbreeding Sectors in the Department
of Chontales,” project document, 2000 [hereinafter “Prevention and Elimination of Child Labor in the
Farming and Stockbreeding Sectors”] [document on file].
1801
U.S. Embassy–Managua, unclassified telegram no. 1991, July 17, 2000.
1802
“Plan estratégico nacional para la prevención y erradicación del trabajo infantil at 30-31 [document on
file].
1803
Country Reports on Human Rights Practices for 2000—Nicaragua (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/wha/813.htm.
1804
Country Reports 2000 at Section 6f.
1805
Free and compulsory primary education is restricted to citizens and residents of Nicaragua. Annual
Report of the Special Rapporteur on the Right to Education, Katarina Toasevaki, submitted in accordance
with the Commission on Human Rights Resolution 2000/9 (UN Commission on Human Rights, E/CN.4/
2001/52, January 9, 2001). See also “Elimination of Child Labor at la Chureca”, 2.
1806
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001). Although primary
education is compulsory in Nicaragua, some children drop out or repeat grades, particularly in the early
years.
1807
Country Reports 2001 at Section 6f.
1808
Ibid.
1809
U.S. Embassy–Managua, unclassified telegram no. 3202, October 2001 [hereinafter unclassified
telegram 3202].
248
nomic or social exploitation.1810 The legal age for voluntary enlistment into the armed forces is age
17.1811
Article 76 of the Children and Adolescents’ Code of 1998 calls for the different sectors of
society—government, private institutions, family, community and schools—to share responsibility
for ensuring the welfare of children who are in difficult circumstances, including those who are
abused, exploited, or working.1812 The Penal Code prohibits individuals from promoting or engag-
ing in the prostitution of children. Articles 200 and 201 of the Code provide for a penalty of four to
10 years in prison for a person who entices or forces a child under the age of 12 to engage in sexual
activities. Individuals who sexually exploit persons between the ages of 12 and 18 years may be
sentenced to between one and five years in prison.1813 In addition, Article 69 of the Children and
Adolescents’ Code forbids any person from promoting, filming, or selling child pornography.1814
The Ministry of Labor has a child labor office that responds to complaints related to
children working illegally.1815 The Ministry conducts periodic child labor inspections and inte-
grated inspections, which look at occupational safety and health, working conditions, wage and
other labor violations. In recent years, the number of child labor complaints received by the
Ministry has risen dramatically, from 14 in 1998 to 1,700 in the first three months of 2001.1816
Nicaragua ratified ILO Convention 138 on November 2, 1981 and ILO Convention 182 on
November 6, 2000.1817
1810
Constitución de Nicaragua, Articles 40 and 84, at http://www.asamblea.gob.ni/constitución/
constitu.htm.
1811
Global Report on Child Soldiers, Nicaragua, at http://www.child-soldiers.org/report2001/countries/
nicaragua.html.
1812
Código de la Niñez y la Adolescencia, Goberierno de Nicaragua [hard copy on file].
1813
U.S. Embassy–Managua, unclassified telegram no. 2462, September 2000.
1814
Código de la Niñez y la Adolescencia, Goberierno de Nicaragua [hard copy on file].
1815
Unclassified telegram 3202.
1816
Ibid.
1817
ILOLEX, Ratifications of Conventions, at http://ilolex.ilo.ch:1567/.
NOTE: Hard copies of all Web citations are on file.
249
Niger
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Niger has been a member of ILO-IPEC since 2000.1818 Since then,
ILO-IPEC has launched two projects aimed at ending child labor on grain farms and at the Niamey
slaughterhouse, and reintegrating child workers into schools. Two additional ILO-IPEC programs
are being planned in Niger which will target street children and children working in gold mines.1819
In 1998, ILO-IPEC carried out a survey on working children to provide the basis for a government
action plan against child labor.1820 The government is conducting a study on trafficking as part of a
legal modernization effort.1821 UNICEF is implementing a social policy program that supports
government efforts against the worst forms of child labor.1822
The Government of Niger is also working with various agencies and NGOs to improve its
primary education sector. Education is also expected to be a cornerstone of the country’s poverty
reduction initiative under the International Monetary Fund.1823 The government has set aside USD
4.2 million for the purchase of school supplies to promote schooling.1824 UNICEF is also support-
ing government education efforts through its Basic Education and African Girls’ Education
Initiative programs, which aim to improve school enrollment rates, promote literacy, and improve
the quality of education, particularly among girls.1825
1818
ILO/IPEC, “All About IPEC: Program Countries,” at http://www.ilo.org/public/english/standards/ipec/
about/countries/t_country.htm on 12/4/01.
1819
Five hundred underage workers, half of them girls, are targeted in the grain farm project, and about
350 working minors will be beneficiaries through the slaughterhouse project. See IRIN News, “Niger:
Child Labour Project Launched,” UN Office for the Coordination of Humanitarian Affairs, September 13,
2001[hereinafter “Niger: Child Labour Project Launched”], at www.irinnews.org/ on 11/29/01.
1820
ILO/IPEC, “Francophone Africa: New IPEC Initiatives Make Significant Inroads,” at 222.ilo.org/
public/English/standards/ipec/about/factsheet/facts14.htm on 11/29/01.
1821
Country Reports on Human Rights Practices for 2000—Niger (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfm?docid=689.
1822
UNICEF, “Programmes in Niger,” Country Profiles [hereinafter “Programmes in Niger”], at
www.unicef.org/programme/countryprog/wacro/niger/support.htm on 11/29/01.
1823
U.S. Embassy–Niamey, unclassified telegram no. 1645, October 2001.
1824
IRIN News, “Niger: Over USD 4.2 Million for School Supplies,” UN Office for the Coordination of
Humanitarian Affairs, October 3, 2001, at www.irinnews.org/ on 11/29/01.
1825
“Programmes in Niger.”
250
Incidence and Nature of Child Labor
In 2000, UNICEF estimated that 70.1 percent of children between the ages of 5 and 14 in
Niger were working.1826 Child labor occurs mainly in remote villages where children work on
family farms gathering water or firewood, pounding grain, tending animals, or working in the
fields.1827 Children as young as 6 years old are reported to work on grain farms in the south-
west.1828 Children are also employed as apprentices to artisans, as domestic laborers, and as street
beggars.1829 Gold mines in Tillaberi and the main slaughterhouse in Niamey also employ chil-
dren.1830
Child prostitution is a present and growing problem in Niger, and it sometimes occurs with
the permission of family members.1831 Children from Niger are also trafficked to other African
countries, including Algeria,1832 and there are reports of children from Benin being trafficked to
Niger. 1833
1826
According to the UNICEF survey, 61 percent of children between the ages of 5 and 9, and 83 percent
of children between the ages of 10 and 14 work. The statistics includes children working only, children
working and studying, and children that carry out household chores for more than 4 hours per day.
Republic of Niger and UNICEF, Enquête a indicateurs multiples de la fin de la décennie (draft) (MICS2),
November 2000 [hereinafter Enquête a indicateurs multiples de la fin de la décennie], at www.ucw-
project.org/resources/index.html on 11/29/01). In 1999, the ILO estimated that 44 percent of children
between the ages of 10 and 14 years were working. See World Development Indicators 2001 (Washington,
D.C.: World Bank, 2001) [CD-ROM] [hereinafter World Development Indicators 2001].
1827
U.S. Embassy–Niamey, unclassified telegram no. 2219, July 2000 [hereinafter unclassified telegram
2219]. See also U.S. Embassy–Niamey, unclassified telegram no. 0822, February 1998 [hereinafter
unclassified telegram 0822].
1828
“Niger: Child Labour Project Launched”.
1829
Unclassified telegram 0822.
1830
“Niger: Child Labour Project Launched.”
1831
Among some ethnic groups, marriages for girls as young as 10 or 12 years are arranged, and the girls
are then sent to join their husband’s family under the guardianship of the mother-in-law, who may then
force them into prostitution. See ECPAT International Database, CSEC Overview: Niger, at
www.ecpat.net/eng/Ecpat_inter/projects/monitoring/online_database/ on 11/29/01. See also Country
Reports 2000. See also Human Rights Report: Niger, as cited in the Protection Project Database [hereinaf-
ter Human Rights Report], at www.protectionproject.org on 12/3/01.
1832
Human Rights Report.
1833
Dr. Rima Salah, Child Trafficking in West and Central Africa: An Overview, paper presented by the
UNICEF Regional Director for West and Central Africa at the First Pan African Conference on Human
Trafficking in Abuja, February 19-23, 2001, at www.unicef.org/media/newsnotes/africchildtraffick.pdf on
11/29/01.
251
Primary education is compulsory for six years. The primary school enrollment and atten-
dance rates are low, particularly for girls.1834 In 1997, the gross primary enrollment rate was 29.3
percent, and in 1996, the net primary enrollment rate was 24.5 percent.1835 About 60 percent of
children who finish primary schools are boys, as the majority of girls are rarely attend school for
more than a few years.1836 Children are often forced to work rather than attend school, particularly
during planting or harvest periods. In addition, nomadic children in the north of the country often
do not have access to schools.1837
The Labor Code sets the minimum age for employment at 14 years, although children
under 14 may work with special authorization. Children between the ages of 14 and 18 years may
not work for more than 4.5 hours per day or in industrial jobs.1838 The Labor Code prohibits forced
labor, except for work by convicted prisoners.1839 Nigerienne law does not specifically prohibit
child prostitution or trafficking, although the Penal Code criminalizes the procurement of a minor
for the purpose of prostitution.1840 Niger ratified ILO Convention 138 on December 4, 1978 and
ILO Convention 182 on October 23, 2000.1841
1834
Enquête a indicateurs multiples de la fin de la décennie at 26. See also Country Reports on Human
Rights Practices for 2000: Niger (Washington, D.C.: U.S. Department of State, 2001), Section 5, at http://
www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’689.
1835
In 1997, the gross primary enrollment rate was 22.6 percent for girls and 36 percent for boys. In 1996,
the net primary enrollment rate was 18.6 for girls and 30.4 percent for boys. World Development Indica-
tors 2001.
1836
The female literacy rate is 7 percent, compared with a rate of 18 percent for boys. See Country
Reports 2000 at Section 5.
1837
Unclassified telegram 2219.
1838
Unclassified telegram 0822.
1839
Country Reports 2000, Section 6c.
1840
The penalty for procuring a minor is 2 to 5 years imprisonment and a fine of 50,000 to 5,000,000
francs (USD 68 to 6,757). See Criminal Code, Article 292, as cited in the Protection Project Database,
Niger, January 2001, at www.protectionproject.org on 12/3/01. See also Country Reports 2000, Section 5.
See also currency conversion at http://www.carosta.de/frames/convert.htm on 2/20/02.
1841
ILOLEX database: Niger at www.ilolex.ch on 11/29/01.
NOTE: Hard copies of all Web citations are on file.
252
Nigeria
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Nigeria became a member of ILO-IPEC in August 2000. The govern-
ment is currently participating in a USDOL funded ILO-IPEC regional project to eliminate traf-
ficking and in a national program funded in 1999. Working in concert with ILO-IPEC, the govern-
ment established a National Steering Committee that includes representatives from the
government, labor, industry groups, and NGOs. The committee is responsible for developing and
overseeing implementation of a national plan of action on child labor. In addition, Nigerian Federal
Office of Statistics (FOS) and the Federal Ministry of Employment, Labor, and Productivity
(FMELP) are carrying out a national child labor survey with funding from the USDOL and techni-
cal assistance from ILO-IPEC’s SIMPOC.1842
Nigeria also participates in an ILO-IPEC regional project funded by the USDOL to combat
the trafficking of children for labor exploitation in West and Central Africa, and a national plan of
action to combat trafficking has been developed by the Federal Ministry of Women’s Affairs and
Youth Development with support from ILO-IPEC and UNICEF.1843 In 1999, the Government
established a police anti-trafficking task force that has helped repatriate over 400 women and girls
who have been trafficked during the past two years.1844 UNICEF has also established a series of
programs for street children in Nigeria and launched a collaborative project with the ILO Regional
Office specifically targeting almajirai children,1845 and UNESCO funded a study on street children
in 1995 that was implemented by a local Nigerian NGO.1846
1842
ILO-IPEC, National Program on Elimination of Child Labour in Nigeria, Report No. 3, July-Septem-
ber 2001 (Geneva, September 6, 2001) [hereinafter National Program on Elimination of Child Labour].
See also ILO-IPEC, National Program on the Elimination of Child Labor in Nigeria (Geneva, 1999)
[hereinafter Elimination of Child Labor in Nigeria], 2.
1843
The first phase of the regional project involved an assessment of the trafficking problem in nine
African countries, including Nigeria. In July 2001, a second phase of this project began that focuses on
direct action to assist children who are victims of trafficking. The second phase will also seek to raise
awareness, strengthen local capacity to address the problem, and enhance regional cooperation to address
trafficking. See ILO-IPEC, “Combating the Trafficking of Children for Labor Exploitation in West and
Central Africa (Phase II)” (Geneva, 2000), 3-4.
1844
U.S. Department of State, Trafficking in Persons Report, July 2001, Nigeria [hereinafter Trafficking in
Persons Report], at 62.
1845
Elimination of Child Labour in Nigeria. In the north, almajirai is term for child beggars.
1846
UNESCO, Education for All: Year 2000 Assessment, Country Reports-Nigeria at http://
www2.unesco.org/wef/countryreports/nigeria/contents.html, [hereinafter Education for All: Year 2000
Assessment].
253
The government’s new basic education plan, entitled “Universal Basic Education,” aims to
improve the relevance, efficiency, and quality of schools and to create programs to address the
basic education needs of nomadic and out-of-school children, youth and adults.1847 In addition, the
Federal Ministry of Women’s Affairs and Social Welfare has worked in collaboration with
UNICEF and the Centre for Non-Formal Education and Training on a non-formal education
curriculum for girls, children without access to schools, and school dropouts.1848
In 1999, the ILO estimated 24.2 percent of children between the ages of 10 and 14 in
Nigeria were working.1849 Children work predominantly in the informal economy.1850 In cottage
industries and small, industrial workshops, children work as apprentices in various crafts such as
weaving, tailoring, catering, hairdressing, and auto repair.1851 In rural areas, children are found
working on family farms.1852 Children are commonly employed as domestic servants, and in urban
areas and towns, children work in markets, bus stations and roadside businesses.1853 In northern
areas, children known as almajirai survive on the street by begging.1854
Nigeria is a source, transit, and destination country for trafficked persons, including
children.1855 Children as young as 7 years of age are smuggled from town to town, to neighboring
African countries, as well as to Western Europe and the Middle East, and forced to work on
commercial farms, in restaurants, or as prostitutes or street vendors.1856
1847
Elimination of Child Labour in Nigeria.
1848
These efforts have contributed to an increase in enrollment, particularly among girls, and enhanced
opportunities for non-formal and nomadic education. In a pilot project in Sokoto state in northern
Nigeria, enrollment in basic education rose from 914 pupils in 1996 to 115,525 pupils in 2000, of which
73,291 had passed their exams. The project recorded a less than 0.2 percent dropout rate. Fewer girls
drop out than boys. See Elimination of Child Labour in Nigeria at 3.
1849
World Bank, World Development Indicators 2001 (Washington, D.C., World Bank, 2001) [CD-ROM].
1850
Children are seldom employed by state-owned commercial agriculture farms, and official U.S.
Government visits to formal industrial settings in Lagos and Kano have not revealed the use of child labor
in manufacturing establishments, including textile plants, tanneries, and sawmills. See U.S. Embassy-
Lagos, unclassified telegram 2617, August 2000 [hereinafter unclassified telegram 2617]. See also U.S.
Embassy-Lagos, unclassified telegram no. 3774, April 1995 [hereinafter unclassified telegram 3774].
1851
Elimination of Child Labor in Nigeria, 2.
1852
Unclassified telegram 2617.
1853
Country Reports on Human Rights Practices for 2000—Nigeria (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/index.cfm?docid’700. See also unclassified telegram 2617.
1854
In 1996, it was reported that in Lagos alone there were 100,000 boys and girls living and working on
the streets. See Elimination of Child Labor in Nigeria. See also Child Welfare League of Nigeria:
Alternative Report on the Implementation of CRC, submission to the CRC, September-October 1996, as
cited in The Worst Forms of Child Labor: Country-wise Data (New Delhi: The Global March Against
Child Labour, October 2000).
1855
Trafficking in Persons Report, 62.
1856
Nigerians are trafficked to countries such as Gabon, Cameroon, Equatorial Guinea, Benin, the
254
The Constitution calls for the Government, “when practical” to provide free, compulsory
and universal primary education. 1857 In September 1999, the President of Nigeria launched a new
basic education plan making the first nine years of schooling free and compulsory.1858 Nonetheless,
compulsory education is rarely provided, particularly in the north of the country.1859 In 1996, the
gross primary enrollment rate was 70.3 percent, with 65.1 percent of girls and 75.4 percent of boys
enrolled.1860 A traditional bias exists among parents and families against girls’ education, particu-
larly in rural and northern areas.1861 This bias is more pronounced in rural areas. It is estimated that
only 42 percent of rural girls are enrolled in school.1862
The Nigerian Labor Act establishes 12 years as the minimum age for employment and
apprenticeships, except in the case of light agricultural or domestic work performed for the fam-
ily.1863 It also prohibits children under 12 years from lifting or carrying any load likely to cause
physical injury, and establishes a minimum age of 15 years for industrial work and employment
aboard a vessel.1864 In addition, according to the Labor Act, children under 16 years may not work
underground, on machines, at night, or for more than four consecutive hours or eight hours in any
one-day period.1865 The Labor Act prohibits young people from any employment that is dangerous
or immoral.1866 The law does not apply to domestic service, and separate provisions for domestic
Netherlands, the Czech Republic, Spain, France, Italy, and countries in the Middle East. See Peter O.
Ebigbo, “Child Trafficking in Nigeria: The State of the Art,” Country Study (ILO-IPEC, April 2000), 10-
12. See also Trafficking in Person Report at 62 and BBC News, “Trafficking Nightmare for Nigerian
Children,” January 10, 2001.
1857
Country Reports 2000, at Section 5.
1858
Education for All: Year 2000 Assessment. See also IPEC Summary of Individual Country Programs,
Nigeria (Geneva: ILO/IPEC, 2001).
1859
Country Reports 2000, at Section 5.
1860
Education for All: Year 2000 Assessment.
1861
Country Reports 2000, at Section 5.
1862
Country Reports 2000, at Section 5.
1863
Nigeria Labour Act, Articles 49, 59a, in NATLEX database at www.natlex.ilo.org/txt/ on 11/14/01
[hereinafter Labour Act].
1864
Labour Act at Articles 59, 59b, 61.
1865
Ibid. at Articles 59, 60.
1866
Ibid. at Article 59. See also Criminal Code Act, Articles 22A, 223, as cited in the Protection Project
Database at www.protectionproject.org on 3/19/02. The Criminal Code Act establishes a penalty of two
255
servants are determined by the Ministry of Labor and Productivity.1867 Forced labor is
prohibited by the Labor Act and the Nigerian Constitution.1868
years imprisonment for both causing or encouraging the prostitution of a girl under 16 years of age and
procuring a girl under 18 years of age for sexual relations.
1867
Ibid. at Article 65, which states that the minister may make regulations providing for the “engagement,
repatriation or supervision of domestic servants,” as well as “the employment of women and young
persons as domestic servants.”
1868
Ibid. at Article 73. See also Constitution of the Federal Republic of Nigeria, Article 34, 1999.
1869
Country Reports 2000, at Section 6d.
1870
ILO, ILOLEX database: Nigeria at http://ilolex.ilo.ch:1567/english/newratframeE.htm.
NOTE: Hard copies of all Web citations are on file.
256
Oman
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that less than 1 percent of children between the ages of 10 and
14 in Oman was working.1874 Children are reported to work in small family businesses, particularly
in the agriculture and fishing sectors.1875 It has been reported that some children work as camel
jockeys.1876
Education is free but not compulsory in Oman.1877 In 1997, the gross primary enrollment
rate was 97.5 percent, 1878 and in 1996 the net primary enrollment rate was 68.7 percent.1879
1871
As part of the National Plan of Action for Children, Oman established a National Committee for the
Care of the Child, which is authorized to conduct studies and research related to children. See “Youth in
the UN,” Country Profiles, Oman [hereinafter “Youth in the UN”], at www.esa.un.org/socdev/unyin/
countrya.asp?countrycode’om on 11/8/01. See also UN Committee on the Rights of the Child, Initial
Reports of States Parties Due in 1999: Oman, UN Document CRC/C/78/Add. 1 (Geneva, July 18, 2000)
[hereinafter Initial Reports of States Parties], at paras. 25, 28, and 86.
1872
Government of Oman, Ministry of Information, “Oman 2000” (Muscat, 2000), at www.omanet.com/
oman2000/oman2000.htm on 11/8/01. See also Initial Reports of States Parties.
1873
“Youth in the UN: Oman,” at http://esa.un.org/socdev/unyin/country.
1874
According to the ILO, 0.1 percent of children between 10 and 14 were working in 1999. World
Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World Development
Indicators 2001].
1875
Country Reports on Human Rights Practices for 2000 – Oman (Washington, D.C.: U.S. Department of
State, 2001) at Section 6d [hereinafter Country Reports 2000].
1876
UN Committee on the Rights of the Child, Concluding Observations of the Committee on the Rights of
the Child: Oman, UN Document CRC/C/15/Add. 161, October 12, 2001 [hereinafter Concluding Obser-
vations of the Committee on the Rights of the Child], para. 51.
1877
Concluding Observations of the Committee on the Rights of the Child at para. 172.
1878
UNESCO, The Education for All 2000 Assessment: Country Reports—Oman, at http://
www2unesco.org/wef/countryreports/oman/rapport_2_2.html.
1879
World Development Indicators 2001.
257
Child Labor Laws and Enforcement
The 1973 Labor Law sets the minimum age for employment at 13 years.1880 The Labor
Law also prohibits the employment of children between the ages of 13 and 16 in arduous, night, or
overtime work without the authorization of the Ministry of Social Affairs and Labor.1881 The Labor
Law and the 1996 Basic Charter prohibit forced labor.1882 Prostitution caused by coercion or
intimidation is illegal under the Penal Code,1883 and while no laws specifically criminalize traffick-
ing in children, the Penal Code prohibits abduction as well as deportation of any person for the
purposes of forced labor or slavery.1884 The Ministry of Social Affairs and Labor is responsible for
enforcing child labor legislation.1885 Oman has not ratified ILO Convention 138, but ratified ILO
Convention 182 on June 11, 2001.1886
1880
The government is in the process of increasing the minimum age for employment to 16 years to
coincide with the Basic Education Plan, which will provide schooling for children until age 16. See “The
Effective Abolition of Child Labor: Oman,” Review of Annual Reports under the Follow-up to the ILO
Declaration on Fundamental Principles and Rights at Work, ILO Document GB.277/3/2 (Geneva, March
2000) [hereinafter “The Effective Abolition of Child Labor”], 327. See also Initial Reports of States
Parties, paras. 23, 51.
1881
“The Effective Abolition of Child Labor” at 327.
1882
See Country Reports 2000 at Section 6c. See also Basic Charter, Article 12, November 6, 1996, at
www.uni-wuerzburg.de/law/mu00000_.html on 11/8/01.
1883
If the law is violated against a person less than 18 years of age, the punishment is imprisonment for at
least 5 years. See Omani Penal Code, Article 220, as cited in “Sexual Offences Laws,” Oman, Interpol, at
www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaOman.asp on 11/8/01. See also Initial
Reports of States Parties at para. 235b.
1884
Omani Penal Code, Articles 256-261, as cited in Initial Reports of States Parties at para. 238.
1885
See Country Reports 2000 at Section 6d.
1886
ILO, ILOLEX database: Oman at www.ilolex.ch on 11/8/01.
NOTE: Hard copies of all Web citations are on file.
258
Pakistan
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Pakistan has been a member of ILO-IPEC since 1994.1887 Pakistan
developed an action plan formalizing activities against child labor and seeking to coordinate efforts
by the government, NGOs, trade unions, employers’ organizations, and other bodies. In March
1998, the government established a Task Force on Child Labor to formulate policies and strategies
for the elimination of child and bonded labor in Pakistan.1888 In May 2000, the Federal Cabinet
approved the National Policy and Action Plan to Combat Child Labour.1889
In collaboration with the Government of Pakistan and NGOs, ILO-IPEC initiated several
major projects to remove and rehabilitate child workers in Pakistan from hazardous and exploit-
ative work in such sectors as soccer ball manufacture (with the involvement of UNICEF and the
Sialkot Chamber of Commerce and Industry),1890 carpet weaving (with funding from USDOL),1891
surgical instrument manufacture, and the trafficking of children.1892 Pakistan Bait-ul-Mal, a
government welfare agency created in 1992, operates 33 rehabilitation centers throughout the
country, targeting children (aged 8 to 14) who have been exposed to hazardous labor and providing
the children and their families with training and stipends for income generation activities.1893
1887
Initially, the MOU had been valid only until the end of 1996, but it was extended up to the end of
2001.
1888
Government of Pakistan, Ministry of Labour, Manpower and Overseas Pakistanis, Child Labour Unit,
National Policy and Action Plan to Combat Child Labour (Islamabad, May 2000) [hereinafter National
Policy and Action Plan], 9.
1889
Ibid. at 7, 19-20. The National Policy and Action Plan to Combat Child Labour calls for immediate
withdrawal and rehabilitation of children from hazardous and exploitative situations. The strategy notes
that girls are particularly vulnerable to exploitation and lists forced labor, including debt bondage and
work in illicit activities, as among the worst forms of child labor.
1890
ILO-IPEC, “Elimination of Child Labour in the Soccer Ball Industry in Sialkot (Phase II)” (Geneva,
2000), 7.
1891
ILO-IPEC, “Combating Child Labor in the Carpet Industry in Pakistan” (Geneva, 1999), Section III.
1892
“IPEC in Action: Asia, ILO-IPEC Programme in Pakistan,” at http://www.ilo.org/public/english/
standards/ipec/action/31asia/pakist98.htm on 6/16/00. See also “Child Labour in the Surgical Instruments
Industry in Sialkot” [hereinafter “Child Labour in the Surgical Instruments Industry in Sialkot”] at http://
www.dolpunjab.gov.pk/r13.htm, on 4/6/00.
1893
Ibid. See also National Policy and Action Plan to Combat Child Labour at 45. Center graduates are
guaranteed full assistance if they want to continue their higher education at any level within or outside the
country.
1894
USDOL Web-site at http://www.dol.gov/dol/ilab/ on 2/27/02.
259
In its national strategy to combat child labor, the Government of Pakistan set a goal of 90
percent enrollment in primary schools by 2002-2003. The government’s policy emphasizes voca-
tional training and technical education, as well as the creation of literacy programs for school
dropouts and new programs targeted to working children.1895 The government has also established
a fund dedicated to the education of working children.1896 The Asian Development Bank supports a
project by the Ministry of Education to improve primary school facilities, increase the relevance of
educational opportunities, and provide incentives to keep girls in school. The World Bank provided
assistance to a project targeting the improvement of primary education in the north and in Azed
Jammu and Kashmir.1897
In 1999, the ILO estimated that 15.9 percent of children between the ages of 10 to 14 in
Pakistan were working.1898 According to a 1996 national child labor survey conducted by
Pakistan’s Federal Bureau of Statistics, the majority of working children are boys.1899 A majority
of working children are involved in the agricultural sector, although the manufacturing, trade, and
services sectors also utilize child labor.1900 Children are also engaged in the manufacturing of
soccer balls, surgical instruments, textiles and bricks, and work in automobile workshops, and
tanneries.1901 There are reports that some children and their families suffer under a system of debt
bondage in the brick kilns.1902 Children also engage in garbage scavenging and carpet weaving, and
1895
National Policy and Action Plan to Combat Child Labour at 18.
1896
U.S. Embassy-Islamabad, unclassified telegram no. 5996, October 2001 [hereinafter unclassified
telegram 5996]. The initial investment in the fund was 100 million rupees (USD 1.5 million). For currency
conversion, see http://www.carosta.de/frames/convert.htm on 2/7/02.
1897
World Bank, Northern Education Project, fact sheet, at www4.worldbank.org/sprojects/
Project.asp?pid’P037834.
1898
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
1899
An estimated 8 percent (3.2 million) of children between the ages of 5 and 14 were working, most on a
full-time basis. Boys accounted for 73 percent (2.4 million) of working children in this age group, and
girls accounted for 27 percent (0.8 million) of working children in the same age group. See Government of
Pakistan, Child Labour Survey 1996: Excerpt from Main Report, vol. 1, 1996, Summary Results and
Tables [hereinafter Child Labour Survey 1996], 3, at www.statpak.gov.pk/Childlab2.doc.
1900
Child Labour Survey 1996.
1901
“Project to Eliminate Child Labour from the Soccer Ball Industry in Sialkot” at http://
www.dolpunjab.gov.pk/r12.htm, on 4/6/00. See also “Child Labour in the Surgical Instruments Industry in
Sialkot”. In 1996, the United States partially removed GSP trade benefits from Pakistan due to child labor
concerns in three sectors: surgical instruments, sporting goods, and specific hand-knotted carpets. See
Kantor Recommends Partial GSP Suspension of Pakistan, press release no. 96-21 (Washington, D.C.:
Executive Office of the President, Office of the United States Trade Representative, March 7, 1996).
Significant efforts have been under way since the 1996 Punjab Labor Department survey was taken to
reduce the incidence of child labor in the soccer ball industry. See http://www.ustr.gov/releases/1996/03/
96-21.html. See also Activities for 1998: Surveys of Child Labour at http://www.dolpunjab.gov.pak/r4.htm
on 4/6/00.
1902
Kevin Bales, Disposable People: New Slavery in the Global Economy (Berkeley and Los Angeles:
University of California Press, 1999), 71-150. See also All Pakistan Federation of Labour (APFOL),
260
the smuggling of contraband and drugs.1903
Pakistan is a source, transit and destination country for child trafficking victims. Children
are trafficked through Pakistan from East Asia and Bangladesh to the Middle East for the purposes
of sexual exploitation, bonded labor, and domestic service, and boys are trafficked to the Gulf
States to work as camel jockeys.1904
Two of the four provinces of Pakistan currently have compulsory primary education laws
in force. In December 1994, the Punjab Assembly passed the Punjab Compulsory Primary Educa-
tion Act, making primary education compulsory throughout the province. In October 1996, the
Government of the North-West Frontier Province (NWFP) passed the NWFP Compulsory Primary
Education Act of 1996.1905 In 1997, the gross primary enrollment rate was 81.3 percent, and the net
primary enrollment rate was 72.4 percent.1906 According to Pakistan’s Federal Bureau of Statistics,
in 1996, 36 percent of children between the ages of 5 and 19 did not attend school (43 percent in
rural areas, as opposed to 21 percent in urban areas), and in 1997, the primary school dropout rate
for children between 10 and 18 years was 16 percent.1907
Bonded Brick Kiln Workers: 1989 Supreme Court Judgment and After (Rawalpindi: APFOL, 1998) for
more information on bonded labor in Pakistan.
1903
Dr. Zafar Mueen Nasir, senior research economist, Pakistan Institute of Development Economics,
interview with USDOL official, July 24, 2000.
1904
U.S. Department of State, Trafficking in Persons Report, July 2001, Pakistan, 92.
1905
Anees Jillani and Zarina Jillani, Child Rights in Pakistan (Islamabad: Society for the Protection of the
Rights of the Child, Friedrich-Naumann-Stiftung, January 2000), 126. The West Pakistan Primary Educa-
tion Ordinance was enacted in 1962, but it never came into force by proper ratification of the law.
1906
The gross and net primary enrollment rates for females are significantly lower (66.6 percent and 60
percent, respectively) than for males (95 percent and 83.8 percent, respectively). See UNESCO, Education
for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
1907
Government of Pakistan, Federal Bureau of Statistics, Education Sector Performance in the 1990s:
Analysis from the Pakistan Integrated Household Survey (PIHS) (Islamabad, February 1998), Table 4.4,
27. Rural dropout rates were more than double those for urban areas. See Government of Pakistan, Federal
Bureau of Statistics, Pakistan Integrated Household Survey, Round 2: 1996-97, 2nd ed. (Islamabad,
September 1999) [hereinafter Integrated Household Survey, Round 2], Table 2.17. In general, rates for
primary school completion were higher for males than for females and higher for urban areas than for
rural areas. See Integrated Household Survey, Round 2, at Table 2.5.
1908
Prohibited occupations relate to railway transport, including operation and service of the premises of
railway stations and port authorities as well as the sale of fireworks. Processes prohibited for children are
bidi making; carpet weaving; cement manufacture and bagging; cloth weaving, dyeing, and printing;
manufacture of matches, explosives, and fireworks; cutting and splitting of mica; manufacture of shellac
and soap; tanning; wool cleaning; building and construction industry; manufacture and packing of slate
pencils; manufacture of products from agate; and manufacturing processes using toxic metals and sub-
stances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides, or asbestos. See The
Employment of Children Act of 1991 (Act. No. V) [hereinafter Employment of Children Act], Section 3,
Schedules, Parts I–II, as cited in Anees Jillani, Child Labor: The Legal Aspects, vol. 2 (Islamabad: Society
for the Protection of the Rights of the Child, October 1997) [hereinafter Child Labor: The Legal Aspects],
183-96. Other laws restricting the employment of children include the Constitution of the Islamic Repub
261
Child Labor Laws and Enforcement
The Employment of Children Act of 1991 prohibits the employment of children less than
14 years of age in specified occupations and processes that are dangerous or hazardous to the
health of child workers, but excludes children employed in family operations and government-
recognized schools.1908 The Act regulates the hours of work for children and adolescents to no
more than seven hours of work per day and bans work after 7 p.m. and overtime. Employers are
required to maintain a register of child workers.1909
The Bonded Labor System (Abolition) Act of 1992 abolished the bonded labor
system, terminated all obligations of a bonded laborer to repay any debt or any remaining
part of an unsatisfied bonded debt and prohibited creditors from accepting any payment
against any bonded debt.1910 The Provincial Suppression of Prostitution Ordinance of 1961
outlaws prostitution. The Punjab Children Ordinance of 1983 and the Sindh Children Act
of 1955 specifically outlaw the prostitution of girls under the age of 16 in those prov-
inces.1911
Pakistan has not ratified ILO Convention 138, but ratified ILO Convention 182 on
October 11, 2001.1912
lic of Pakistan of 1973; the Tea Plantations Labor Ordinance of 1962; the Mines Act of 1923; the Facto-
ries Act of 1934; West Pakistan Shops and Establishments Ordinance of 1969; Road Transport Workers
Ordinance 1961; and the Merchant Shipping Act of 1923. For the text of the laws, see Child Labor: The
Legal Aspects.
1909
Employment of Children Act, as cited in Child Labor: The Legal Aspects at 183-96. Penalties under
the act include terms of imprisonment and fines, or both, of up to 1 year and/or up to 20,000 rupees (USD
349) for a person who employs a child in a prohibited occupation or process and up to 1 month and/or up
to 10,000 rupees (USD 175) for failing to comply with child worker registration and notice-posting
requirements. For currency conversion, see http://www.carosta.de/frames/convert.htm on 2/1/02.
1910
The Bonded Labor System (Abolition) Act of 1992 (Act. No. III), as cited in Child Labor: The Legal
Aspects at 167-79. Penalties under this act include fines and terms of imprisonment. The Children (Pledg-
ing of Labor) Act of 1933 voids all agreements allowing the labor of children less than 15 years of age in
any employment in return for any payment or benefits. See The Children (Pledging of Labor) Act of 1933
(Act. No. II), as cited in Child Labor: The Legal Aspects at 180-82.
1911
Umar Ali, Country Report, Pakistan, presented at the ILO/Japan Asian Meeting on Trafficking of
Children for Labour and Sexual Exploitation (Manila, the Philippines, October 10-12, 2001). Although
basic legislation is in place to address many child labor issues, there are concerns about the implementa-
tion and enforcement. The Punjab Labor Department, for example, has found that the district-level
Vigilance Committees, established under the Bonded Labor System (Abolition) Act of 1992 to advise
district administrations on the laws related to child labor or bonded labor and to assist in the rehabilitation
of freed bonded laborers, have not performed well. See Government of the Punjab, Department of Labour,
“Performance of the Vigilance Committees,” at http://www.dolpunjab.gov.pk/r10.htm on 4/6/00. During
2000 there were 5,040 prosecutions and 1,564 convictions or cases decided under the Child Labor Act of
1991; the total amount of fines levied was 765,800 rupees (USD 13,376). See unclassified telegram 5996.
For currency conversion, see http://www.carosta.de/frames/convert.htm on 2/1/02.
1912
ILO, ILOLEX database: Pakistan at http://ilolex.ilo.ch:1567/scripts/ratifce.pl?C182.
NOTE: Hard copies of most Web citations are on file.
262
Panama
Government Programs and Policies to Eliminate the Worst Forms of Child Labor
The Government of Panama has been a member of ILO-IPEC since 1996.1913 With fund-
ing from USDOL, the Panama Department of Statistics and Census of the General Audit Office is
conducting a national child labor survey with technical assistance from ILO-IPEC’s SIMPOC,1914
and with additional USDOL funding, is supporting baseline surveys on child labor in the sugar and
coffee sectors in Panama.1915
In 1997, the government established the Committee for the Eradication of Child Labor and
Protection for Working Minors in order to establish a National Plan for the Progressive Elimina-
tion of Child Labor.1916 The Ministry of Youth, Women, Childhood and Family has created
Training and Assistance Centers for children living in urban areas such as Panama City and Colon,
and for those living in the rural areas including Chiriqui, Veraguas, and Cocle. The centers provide
health care, education opportunities, vocational training and social skills to children and their
families in an effort to prevent child labor. 1917
In the area of education, the government is striving, through its Education for All efforts,
to provide greater opportunity, access and services to groups such as indigenous populations and
disabled.1918 In 2000, the World Bank approved a loan of USD 35 million to help the government
improve the quality of basic education in a project that is expected to benefit about 60 percent of
Panama’s children attending primary and secondary school. The funds will be used to upgrade,
expand and rehabilitate run-down or inadequate school buildings to accommodate a growing
number of students in primary and secondary schools. 1919
1913
“Programa de eliminación progresíva del trabajo infantil en la Zona Cafetalera de Chiriqui-Boquete,”
project document (Geneva: ILO, 1999) [hereinafter “Programa de eliminación progresíva del trabajo
infantil”] [document on file].
1914
Statistical Information and Monitoring Program on Child Labor, project document for Central
America (Geneva: ILO, 1999) [document on file].
1915
USDOL, Preparation and Design of IPEC Project Documents: Budget FY 2001 (Geneva: ILO, 2001)
[document on file].
1916
“Programa de eliminación progresíva del trabajo infantil,” 9.
1917
“Programas y proyectos contra el trabajo infantil” at 10-19.
1918
UNESCO, Education for All (EFA) 2000 Assessment, Country Reports-Panama [hereinafter EFA 2000
Assessment], at http://www2.unesco.org/wef/countryreports/panama/rapport_2.html.
1919
M2 Presswire, “World Bank Supports Better Education for Panama’s Rural and Indigenous Children,”
September 11, 2000 [document on file].
263
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 2.7 percent of children between the ages of 10 and 14 in
Panama were working.1920 Child labor is particularly common in rural areas during the harvesting
periods for sugar cane, coffee, bananas and tomatoes.1921 While agricultural work by children,
especially among the indigenous population, is significant, it may be dismissed as part of the local
culture.1922 Children in Panama also work as domestic servants.1923 A 1998 study of Panama’s
juvenile detention center found that the vast majority of detainees had been working as street
vendors, car washers, and supermarket packers when they were arrested for delinquency.1924 Sexual
violence against children and child prostitution has also been reported.1925
In Panama, education is free and compulsory through grade six.1926 In 1994, the gross
primary enrollment rate was 103.7 percent and the net primary enrollment rate was 91 percent.1927
Children from poor families often do not attend school due to lack of transportation and the need to
migrate with their families during the harvesting season.1928 School attendance is a particular
problem in the Darien province and in indigenous communities.1929 According to the Ministry of
Youth, Women, Children and Family, 82 percent of the children in rural areas are absent from
school during the harvest season.1930
1920
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
1921
Country Reports on Human Rights Practices for 2000—Panama (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/wha/index.cfm?docid=818.
1922
U.S. Embassy-Panama City, unclassified telegram no. 1934, May 2000 [hereinafter unclassified
telegram 1934], and unclassified telegram no. 4656, December 2000. See also Country Reports 2000.
1923
Condición del trabajo infantil y juvenil en las cañaverales de las provincias Cocle y Veraguas
(Panama City: Comisión de los Asuntos de la Mujer, Derechos del Niño, la Juventud y la Familia, 2000)
[hereinafter Condición del trabajo infantil y juvenil en las cañaverales], 16.
1924
Unclassified telegram 1934.
1925
“Programas y proyectos contra el trabajo infantile”(Panama City: Ministerio de la Juventud, la Mujer,
la Niñez y la Familia, 2000) [hereinafter “Programas y proyectos contra el trabajo infantile”], 2 [document
on file].
1926
El Barometer: Latin America at http://www.ei-ie.org/pub/english/BarometreLatinAmerica.html on
11/6/01.
1927
EFA 2000 Assessment.
1928
Country Reports 2000 at Section 5, 6d. See also Condición del trabajo infantil y juvenil en las
cañaverales at 27.
1929
Country Reports 2000 at Section 5.
1930
“Programas y proyectos contra el trabajo infantil” at 8.
264
Child Labor Laws and Enforcement
The Labor Code and the Constitution set the minimum age for employment at 14 years of
age. Exceptions in the Labor Code allow children less than 15 to work only if they have completed
primary school. 1931 Further, Article 119 of the Labor Code permits minors between the ages of 12
and 15 to perform farm or domestic labor as long as the work is light and does not interfere with
schooling.1932 Also, according to the Labor Code, minors under the age of 18 are prohibited from
working in nightclubs, bars, or other places where the consumption of alcoholic beverages is
allowed, as well as in other sectors such as transportation and electric energy, underground work,
and the handling of explosives and flammables.1933 With the exception of work in nightclubs, these
provisions may be waived if a minor performs the job as part of vocational training and work is
conducted under the supervision of competent authorities.1934 Children younger than 16 may work
no more than six hours a day or 36 hours per week, and children under 18 may work no more than
seven hours a day or 42 hours per week.1935 Minors under the age of 18 may not work between the
hours of 6 p.m. to 8 a.m.1936
The Labor Code also prohibits forced labor by children.1937 Article 501 of the Family Code
and Article 215C of the Penal Code criminalize child prostitution and child pornography for
minors.1938 Trafficking in children is prohibited under the Penal Code.1939
The Superior Tribunal for Minors and the Superior Tribunal for Families are the judicial
bodies responsible for overseeing the protection and care of children. The Ministry of Youth,
Women, Children and Family proposes and reviews laws and monitors government performance
with regard to children’s issues. 1940 The Ministry of Labor responds to child labor complaints and
1931
Government of Panama Labor Code, Article 117, Panama Ministry of Labor website [hereinafter
Labor Code], at http://www.mitrabs.gob.pa/codtrabajo2.htm. See also Constitution of Panama, Chapter 3,
Article 66, 1994, at www.georgetown.edu/pdba/Constitutions/Panama/panama1994.html.
1932
Labor Code, Articles 119 and 123.
1933
Ibid. at Article 118.
1934
Ibid.
1935
Ibid. at Article 122.
1936
Ibid. at Article 120.
1937
Country Reports 2000 at Section 6c.
1938
U.S. Embassy-Panama, unclassified telegram no. 3133, August 2000.
1939
Country Reports 2000 at Section 6f.
1940
Ibid. at Section 5.
265
has the authority to order the termination of unauthorized employment.1941 Businesses that
employ an underage child are subject to civil fines, while employers who endanger the physical or
mental health of a child can face imprisonment.1942 Although Panama has developed a strong legal
framework to combat the worst forms of child labor, and the government conducted several child
labor inspections in the coffee, sugar, melon and tomato sectors in 2001, child labor violations
continue to occur, especially on commercial coffee and sugar farms and in the informal sector.1943
Panama ratified ILO Convention 138 and ILO Convention 182 on October 31, 2000. 1944
1941
Country Reports 2000.
1942
U.S. Embassy-Panama City, unclassified telegram no. 3286, October 2001.
1943
Ibid. and unclassified telegram no. 3615, November 2001.
1944
ILO, ILOLEX database, “Ratifications of ILO Conventions,” at www.ilolex.ilo.ch:1567/english/.
NOTE: Hard copies of all Web citations are on file.
266
Papua New Guinea
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The government has efforts underway through the National Education Plan to reform the
country’s educational system through the provision of universal elementary school access, and by
increasing the number of students who continue into primary and secondary schools.1945 The World
Bank is also implementing an Education Development Loan project that provides textbooks in
schools and increases educational opportunities for girls.1946
In 1999, the ILO estimated that 17.6 percent of children between the ages of 10 and 14
years in Papua New Guinea were working.1947 Child labor in the agricultural sector is a growing
problem,1948 and children under 12 years old are employed on commercial tea and coffee farms.1949
Although it is not reported to be widespread, children are said to engage in prostitution, and there
are allegations of men selling their young female relatives to work as prostitutes.1950 It is unknown
whether child soldiers are currently working, children under 18 years of age fought with the
Bougainville Revolutionary Army, an armed opposition group, during the secessionist war on
Bougainville in the late 1990s.1951
1945
The National Education Plan was developed in 1995-96. The plan covers all sectors of the formal
education system and introduces a new grade-level structure. See Education in Papua New Guinea at 11.
See also Asian Development Bank, Country Operational Strategy Study: Papua New Guinea, March
1999, at www.adb.org/Documents/COSSs/png.pdf on 12/5/01.
1946
World Bank, “Educational Development Project,” at www4.worldbank.org/sprojects/
Project.asp?pid’P004392 on 12/5/01.
1947
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001).
1948
Internationally Recognized Core Labor Standards in Papua New Guinea, International Confederation
of Free Trade Unions (ICFTU), report for the WTO General Council Review of the Trade Policies of
Papua New Guinea (Geneva, November 15, 17, 1999) at www.icftu.org/
displaydocument.asp?Index’991209325&Language’EN on 12/5/01.
1949
Post-Courier/PINA Nius Online, “Child Labor Claimed at PNG Highlands Tea and Coffee Planta-
tions,” March 22, 2000, in Pacific Islands Report, at http://166.122.164.43/archive/2000/March/03-23-
14.htm on 12/5/01.
1950
Looking Back, Thinking Forward: The Fourth Report on the Implementation of the Agenda for Action
Adopted at the First World Congress against Commercial Sexual Exploitation of Children in Stockholm,
Sweden, 28 August 1996 (Bangkok: ECPAT International, 2000), Section 7.1.
1951
Children under 18 years of age fought in the ranks of the Bougainville Revolutionary Army (BRA),
and children as young as 13 and 14 years old were reported to have been recruited. The BRA has since
announced that it will review its recruitment policies and refrain from admitting children under 18 years
old. See Coalition to Stop the Use of Child Soldiers, Child Soldiers Global Report 2001: Papua New
Guinea, at www.child-soldiers.org/report2001/countries/papua_new_guinea.html on 12/5/01.
267
Education is not compulsory or free in Papua New Guinea.1952 In 1997, the gross primary
enrollment rate was 62.7 percent, with 66.4 percent of girls enrolled as opposed to 59.9 percent of
boys.1953 Primary school attendance rates are unavailable for Papua New Guinea. While enrollment
rates indicate a level of commitment to education, they do not always reflect children’s participa-
tion in school.1954 Primary school dropout rates are high, particularly in rural areas, and less than 50
percent of children complete primary school.1955
The Employment Act sets the minimum age for employment at 18 years, but children
between the ages of 11 and 18 may work in family businesses with parental permission, a medical
clearance, and a work permit from the labor office.1956 The Constitution prohibits forced labor.1957
The Summary Offences Act bans child prostitution, and the Criminal Code prohibits procuring or
abducting women or girls for sexual relations.1958
Papua New Guinea ratified both ILO Convention 138 and ILO Convention 182 on June 2,
2000.1959
1952
Education in Papua New Guinea, Voluntary Service Organization [hereinafter Education in Papua
New Guinea], 3, at www.vso.org.uk/png/education.pdf on 12/5/01.
1953
UNESCO does not provide net enrollment statistics for Papua New Guinea, but the database includes
a 1989 net primary enrollment rate of 73 percent from the UNESCO Institute of Statistics. See UNESCO,
Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
1954
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
1955
Asian Development Bank, Country Operational Strategy Study: Papua New Guinea, March 1999, 4,
at www.adb.org/Documents/COSSs/png.pdf on 12/5/01. See also Education in Papua New Guinea at 3.
1956
Information on the enforcement of child labor legislation is not available. See Country Reports on
Human Rights Practices for 2000—Papua New Guinea (Washington, D.C.: U.S. Department of State,
2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/eap/
index.cfm?docid’759.
1957
Constitution of Papua New Guinea at www.vanuatu.usp.ac.fj/Paclawmat/PNG_legislation/
Constitution.htm on 12/5/01.
1958
Human Rights Report: Papua New Guinea, Protection Project Database, at www.protectionproject.org
on 12/5/01. See also ECPAT, “Protection: Papua New Guinea,” ECPAT Database at www.ecpat.net/eng/
Ecpat_inter/projects/monitoring/online_database/.
1959
ILOLEX database: Papua New Guinea at www.ilolex.ilo.ch on 12/5/01.
NOTE: Hard copies of all Web citations are on file.
268
Paraguay
Government Polices and Programs to Eliminate the Worst Forms of Child Labor
The Government of Paraguay has been a member of ILO-IPEC since 1998 and created the
National Commission on Child Labor in 1999.1960 In 2001, ILO-IPEC began implementing two
projects to address the domestic servant population and the sexual exploitation of children and
adolescents on the Brazilian border.1961 The Secretariat of Social Action runs an ongoing program
for children and adolescent street workers.1962
In 1999, the ILO estimated that 6.3 percent of children between the ages of 10 and 14 in
Paraguay were working.1963 According to the Ministry of Labor and Justice, 23 percent of children
work in urban areas, while 44 percent work in rural areas.1964 Children sell newspapers and
sundries, clean car windows, and work in markets and alongside their parents in fields.1965 Poor
families often send their daughters to work as domestic servants in the homes of friends or relatives
in exchange for room, board, and financial support for schooling.1966 In 1999, a trafficking ring
reportedly lured teenage girls from Paraguay to Argentina to work as domestic servants, then
forced the girls into prostitution.1967 There were also allegations that children were forced to enlist
in the armed forces.1968
1960
Ministerio de Justicia y Trabajo, Viceministro del Trabajo y Seguridad Social, Dirección del Servicio
Nacional de Empleo, Asuntos Internactionales, Information on Efforts by Paraguay to Eliminate the Worst
Forms of Child Labor, October 24, 2001 [hereinafter Information on Efforts by Paraguay to Eliminate the
Worst Forms of Child Labor], 2.
1961
ILO-IPEC, Prevention and Elimination of Child Domestic Labour in South America, project docu-
ment, March 12, 2000 [document on file].
1962
ILO-IPEC, Oficina Regional para America Latina y el Caribe, Paraguay, at http://www.oit.org.pe/
spanish/260ameri/oitreg/activid/proyectos/ipec/paraguay.shtml, ultima modificacion 10/2/01, as cited on
10/29/2001.
1963
ILO statistics as cited in World Development Indicators 2001 (Washington, D.C.: World Bank, 2001)
[CD-ROM] [hereinafter World Development Indicators 2001].
1964
Information on Efforts by Paraguay to Eliminate the Worst Forms of Child Labor at 1.
1965
Country Reports on Human Rights Practices for 2000—Paraguay (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/wha/index.cfm?docid’823.
1966
Ibid. at Section 6c.
1967
Ibid. at Section 6f.
1968
Ibid. at Section 6c.
269
The General Education Law establishes free and compulsory basic education for 9
years.1969 In 1997, the gross primary enrollment rate was 110.9 percent, and in 1996 the net
primary enrollment rate was 91.2 percent.1970 Primary school attendance rates are unavailable for
Paraguay. While enrollment rates indicate a level of commitment to education, they do not always
reflect a child’s participation in school.1971 However, the Ministry of Labor and Justice reports that
only 50 percent of children who start the first grade complete the primary level, and in rural areas,
the completion rate drops to 10 percent.1972
The Child and Adolescent’s Code of 2001 sets the minimum age for employment at 14.
The Code prohibits children between the ages of 14 and 18 from working underground, underwater
or under any other conditions that might be physically, mentally or morally dangerous or harmful
to their well-being.1973 Children between the ages of 14 and 16 may not work in excess of four
hours a day and 24 hours a week. Children ages 16 to 18 may not work more than six hours a day
and 36 hours a week.1974 The Code also makes it unlawful to contract children for domestic work
outside of Paraguay.1975
The Constitution prohibits any form of slavery, repression or trade in human beings.1976
The commercial sexual exploitation of children and adolescents, and the production or distribution
of pornographic publications are prohibited under the Child and Adolescent’s Code.1977 The Penal
1969
Legislación Juvenil en Paraguay, Ley General de Educación, Titulo III, Educación de Regimen
General, Capitulo II: Educación Formal, Seccion III, Educación Escolar Básica, Artículo 32.10-33, at
http://www.cinterfor.org.uy/public/Spanish/region/ampro/cinterfor/temas/youth/mi…/indes.ht. See also
U.S. Embassy-Asunción, unclassified telegram no. 1276, September 2001.
1970
World Development Indicators 2001.
1971
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
1972
Information on Efforts by Paraguay to Eliminate the Worst Forms of Child Labor at 1.
1973
Código de la Niñez y la Adolescencia, Ley No. 1680, Titulo II, de la Protección a los Adolescentes
Trabajadores, Capitulo I, de las Disposiciones Generales, Articulo 54, de los Trabajos Prohibidos.
1974
Compendio Ninez, Marcos Normativos de los Derechos de la Niñez y la Adolescencia en Paraguay,
Tomo II, Instrumentos Juridicos Nacionales (UNICEF, CDIA) [n.d.] [document on file], 47.
1975
Titulo II, de la Protección a los Adolescentes Trabajadores, Capitulo III, Del Adolescente Trabajador
Doméstico, Articulo 67, De la Prohibición de Salir del Pais at http://www2.paraguaygobierno.gov.py/
1680-b.doc. on 11/5/01.
1976
Constitucion Nacional, Parte I, Titulo II, De los Derechos, de los Deberes y de las Garantias, Seccion
III, Capitulo II, De la Libertad, Articulo 10, De la Proscripcion de la Esclavitud y Otras Servidumbres, at
http://www.senado.gov.py/constitu.html on 11/5/01.
1977
Codigo de la Ninez y la Adolescencia, Ley No. 1680, Libro I, De los Derechos y Deberes, Titulo
Unico, Capitulo II, De la Prevención a las Transgresiones a los Derechos y de las Medidas de Protección
al Niño o Adolescente, Articulo 31, De la Prohibición de Utilizar al Niño o Adolescente en el Comercio
Sexual.
270
Code prohibits any individual from putting the life or liberty of another individual in danger by
forcing, tricking, or coercing a person to leave the country, and it prescribes legal punishments for
individuals who prostitute children under the age of 18.1978
The Ministry of Labor and Justice’s Director General for the Protection of Minors is
responsible for enforcing child labor laws. The government does not have the resources to effec-
tively enforce regulations on the minimum age for employment. 1979 Paraguay has not ratified ILO
Convention 138, but ratified ILO Convention 182 on March 3, 2001.1980
1978
The Penal Code calls for a jail sentence of up to 10 years. Codigo Penal, Ley No. 1160, Libro
Segundo, Titulo I, Capitulo 4, Articulo 125, Extrañamiento de Personas, Articulo 139, Proxenetismo, at
http://www.itacom.com.py/ministerio_publico/codigo_penal/libro2_titulo1_capitulo4.html on 11/5/01.
1979
Country Reports 2000 at Section 6d.
1980
ILO, ILOLEX database: Paraguay at http://ilolex.ilo.ch:1567/scripts/ratifce.pl?C182.
271
Peru
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Peru has been a member of ILO-IPEC since 1996.1981 ILO-IPEC
programs in which Peru is involved include a regional program to eliminate child labor in the
small-scale, traditional mining sectors of Bolivia, Ecuador and Peru, and a regional program to
eliminate child domestic labor in Brazil, Paraguay, Colombia and Peru.1982 In 2000, Peru imple-
mented a child labor survey with technical assistance from ILO-IPEC’s SIMPOC, and participa-
tion from the Ministry of Labor, the National Institute of Statistics, and the Ministry of Women’s
Advancement and Human Development (PROMUDEH).1983
In 1997, Peru put in place its first National Plan of Action for Children and Adolescents to
promote and ensure the complete protection of children’s rights.1984 In 1997, PROMUDEH created
the National Steering Committee on the Eradication of Child and Adolescent Labor to carry out the
strategies and goals stated in the National Plan of Action.1985
1981
Patricia Crosby, coordinator of children, infant and adolescent policy (PROMUDEH), interview with
USDOL official, November 15, 2000.
1982
USDOL and ILO-IPEC, “Prevention and Elimination of Child Domestic Labour in South America:
Program to Prevent and Progressively Eliminate Child Labor in Small-Scale Traditional Gold Mining in
South America” [documents on file].
1983
Eliseo Cuadrao, Director of IPEC, South America Regional Office, interview with USDOL official,
November 13, 2000.
1984
OAS, Comisión Interamericana de Derechos Humanos, Capítulo VIII, “Derechos del Niño,” at
www.cidh.org/countryrep/Peru2000sp/capituulo8.htm.
1985
U.S. Embassy-Lima, unclassified telegram no. 3383, June 1999.
1986
Dra. Ballardo, Ministry of Education, Lima, Peru, interview with USDOL official, November 15,
2000.
1987
Ibid.
1988
Ministerio de Educación, Programa de educación básica para todo, at www.minedu.gob.pe/ web/
el_ministerio/el_ministero/Administr/poryect/educ_basic.html, on 10/16/01. See also Ministerio de
Educación. Plan Huascarán: Moderna Tecnología para Escuelas Rurales, 700 Colegios los Primeros
Beneficiarios, 5 Mil Estarán Enlazados el 2004, at www.minedu.gov.pe/ prensa_comunica/notas/octubre-
2001/dir.php?obj’13-10-2001_02.htm.
1989
Dr. Cecilia Costa, director of People’s Health, Ministry of Health, Lima, Peru, interview with USDOL
official, November 15, 2000.
272
services to working youth, including school support, housing, reinsertion into the government
school system, reinsertion into the family, and vocational training. 1990
In 1999, the ILO estimated that 5.5 percent of children between the ages of 10 and 14 in
Peru were working. 1991 The majority of working children are active in the country’s informal
economy.1992 Children work in the agricultural sector, in fireworks factories, in stone quarries,1993
and in mining sites.1994 They shine shoes, load and unload produce in markets, collect garbage,
carry heavy loads of bricks, and perform unpaid domestic work for their families.1995 Children also
engage in prostitution.1996
The Constitution establishes free and compulsory education through secondary school.1997
In 1997, the gross primary enrollment rate was 122.8 percent and the net primary enrollment rate
1990
Instituto Nacional de Bienestar Familiar. INABIF, Nuestros Servicios, at www.inabif.gov.pe/servicio/
servicio2.htm on 10/16/01. During the first 6 months of 2001, the program provided services to approxi-
mately 7,000 children and adolescents a month in 17 provinces. Instituto Nacional de Bienestar Familiar
(INABIF), Oficina de Planeamiento y Desarrollo, Area de Estadística, INABIF en Cifras I y II Trimestres
2001, Boletín I y II Trimestres 2001, at http://www.inabif.gob.pe/publica/encifras/uno/
BOLETIN%20I%20TRIMESTRE-OK.pdfBoletin I y II Trimestres 2001, and http://www.inabif.gob.pe/
publica/encifras/dos/boletin2.pdf.
1991
Slightly fewer than half of these working children were boys (46,921), while girls accounted for just
more than half (53,712). See ILO, Yearbook of Labour Statistics (Geneva, 2000), Table 1A.
1992
U.S. Embassy-Lima, unclassified telegram no. 3672, June 2000.
1993
Country Reports on Human Rights Practices for 2000—Peru (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/index.cfl?docid’849.
1994
Maria del Carmen Piazza, Children Working in Small-Scale Traditional Gold Mining in Peru: Na-
tional Baseline Study for the Project for Prevention and Progressive Elimination of Child Labor in Small-
Scale Traditional Gold Mining in South America (ILO-IPEC, March 2001), 80-83.
1995
Jesus V. Astete and Isabel R. Baufume, Trabajando en las calles de mi ciudad, Asociación Qosqo
Maki (Cuzco, Peru, April 1998), 28. See also AIDECA Peru, Eliminating Child Labor in the Brickworks
of Huachipa, Peru: Changing the Economic Equation [document on file]. See also Country Reports 2000
at Section 6d.
1996
ECPAT International Database, “Child Prostitution,” at http://www.ecpat.net/eng/Ecpat_inter/projects/
monitoring/online_database/index.asp. See also Country Reports 2000 at Section 5.
1997
Constitution of the Republic of Peru, Article 17, at http://confinder.richmond.edu/Peru(eng).html on
11/23/01. In 2001, basic education consisted of 2 years at the pre-primary level, 6 years at the primary
level, and 4 years at the secondary level. As part of the Education for All initiative in 1999, Peru began to
experiment by uniting the secondary and primary levels to form a basic education requirement of 10 years.
The reform will add an additional year of pre-primary to the basic education requirement until it reaches
13 years in 2002. Children will be required to start school at the age of 3. At the beginning of the 1990s,
273
was 91 percent.1998 School attendance is lowest in rural areas, and girls attend at a lower
rate than boys.1999 Indigenous children and those from rural areas lack access to the education
system.2000
In 2001, new legislation was passed that modified the Child and Adolescent’s Code of
2000 and raised the legal minimum age for employment from 12 to 14 years.2001 According to the
Code, the minimum age for the hazardous industrial, commercial or mining sectors is 15 years,
while in the fishing sector, the legal minimum age is 16.2002 Work that might harm a child’s
physical, mental and emotional health and development, including underground work or work that
involves heavy lifting and carrying, or work that might serve as an obstacle to continued school
attendance is prohibited for youth under the age of 18.2003 The Code prohibits extreme forms of
child labor such as forced and bonded labor, economically exploitative labor, prostitution and
trafficking.2004 Children between 12 and 14 years are prohibited from working more than four
hours a day, or over to 24 hours a week, and adolescents between 15 and 17 years may not work
more than six hour a days, or over 36 hours a week.2005 The Code further stipulates that all working
basic education was only required for a 6-year period. See UNESCO, The Education for All 2000 Assess-
ment: Country Reports-Peru, at www2.unesco.org/wef/countryreports/peru/rapport_1.htm.
1998
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
1999
Country Reports 2000 at Section 5.
2000
ICFTU, “Peru: Report on Core Labour Standards for the WTO: ICFTU Report for the WTO General
Council Review of the Trade Policies of Peru” (Geneva, May 30-31, 2000), at Http://www.icftu.org.
2001
Ley que Modifica el Artículo 51 de la Ley No. 27337, Código de los Niños y Adolescentes, at http://
www.cajpe.org.pe/rij/bases/legisla/peru/27571.htm. Children between the ages of 12 and 14 may obtain
special permission from the Ministry of Labor to work legally up to 4 hours a day to help support their
families. Ministerio de Trabajo y Promoción Social, Resolución Ministerial No 033-2000-TR.9,
Requisitos y formalidades para la contratación laboral de adolescente [hereinafter Requisitos y
formalidades para la contratación laboral de adolescente], at www.mtps.gov.pe/normas/033-2000-tr.htm.
The aforementioned special permission from the Ministry of Labor certifies that the children are attending
school regularly. See Ministerio de Trabajo y Promoción Social, Síntesis Legal: 7.5. Beneficios de los
Adolescentes, at www.mtps.gob.pe/sintesis.htm. As of August 2001, 2,228 special permission requests had
been approved for 2001. See also U.S. Embassy-Lima, unclassified telegram no. 5240, September 2001
[hereinafter unclassified telegram 5240].
2002
Requisitos y formalidades para la contratación laboral de adolescente: Edades mínimas para el
trabajo.
2003
Requisitos y formalidades para la contratación laboral de adolescente: Trabajos prohibidos y
facilidades y beneficios.
2004
Comisión Andina de los Juristas, Red de Información Judicial Andina, Ley no. 27337, Ley que
Aprueba el Nuevo Código de los Niños y Adolescentes [hereinafter Comisión Andina de los Juristas],
Libro primero: Derechos y libertades, Capítulo I: Derechos Civiles, Artículo IV, at http://
www.cajpe.org.pe/rij/bases/legisla/peru/ley1.html. Other prohibited work includes mining underground
and carrying excessive loads or toxic substances.
2005
Ministerio de Trabajo y Promoción Social, Síntesis Legal. 7.1.3, Jornadas especiales de trabajo
adolescentes, at www.mtps.gob.pe/sintesis.htm.
274
adolescents must obtain special certification from the Ministry of Labor, which is also the entity
responsible for guaranteeing that they are attending school.2006 Working children must be paid at
the same rate as adult workers.2007
Prostitution is legal in Peru, but laws prohibit individuals from profiting by prostituting
others. Laws prohibiting kidnapping, the sexual abuse of minors, and illegal employment are
enforced and can be used to sanction individuals who traffic children for exploitative labor.2008
The Ministry of Labor is responsible for enforcing labor laws. The Ministry has 150 labor
inspectors, and inspections are primarily conducted in the formal sector.2009 The Directorate of
Children and Adolescent Affairs, an office within the Ministry of Women’s Advancement and
Human Development (PROMUDEH), is charged with protecting the rights of children and adoles-
cents.2010 At the municipal level, the Municipal Child and Adolescent Defender Centers
(DEMUNAs) work with local governments to supervise and apply punishments.2011
Peru has not ratified ILO Convention 138, but ratified ILO Convention 182 on January 10,
2002.2012
2006
Ministerio de Trabajo y Promoción Social, Síntesis Legal: 7.3.1, Formación laboral juvenil, at
www.mtps.gob.pe/sintesis.htm. Working adolescents are not required to register with the Ministry of
Labor if they are performing domestic or unpaid family work; however, the head of the household for
which they work must register them in the municipal labor records. See Comisión Andina de los Juristas at
Capitulo IV, Regimen para el adolescente trabajador, Artículo 50.
2007
Comisión Andina de los Juristas at Artículo 59.
2008
Country Reports 2000 at Section 6f.
2009
Unclassified telegram 5240.
2010
Ibid.
2011
Comisión Andina de los Juristas at Capitulo V, Contravenciones y Sanciones, Artículo 70.
2012
“C182 Worst Forms of Child Labour Convention, 1999,” at http://ilolex.ilo.ch:1567/english/
newratframeE.htm.
NOTE: Hard copies of all Web citations are on file.
275
Philippines
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of the Philippines has been a member of ILO-IPEC since 1994, and as
part of the program, has established the National Child Labor Committee (NCLC) with the support
of ILO-IPEC and UNICEF to oversee the implementation and monitoring of child labor pro-
grams.2013 With funding from USDOL and technical assistance from ILO-IPEC, a national child
labor survey was conducted by the Philippine National Statistics Office (NSO) in 1995 to help
identify the extent and nature of child labor in the Philippines.2014 A follow-up national child labor
survey was also funded by USDOL in 2001, and is being conducted by the Philippine NSO in
consultation with ILO-IPEC’s SIMPOC.2015
In cooperation with ILO-IPEC, community and direct action initiatives are being imple-
mented in the Philippines to target specific occupations utilizing the worst forms of child labor.2016
These initiatives include programs funded by USDOL in 1999 to focus on the withdrawal of
children engaged in deep-sea fishing, and a regional project to combat child labor in the footwear
sector in Laguna.2017 The government is also in the process of developing an ILO-IPEC Time-
Bound Program that will seek to eliminate specified worst forms of child labor within a 5 to 10
year period.2018
2013
The NCLC includes government, trade union and NGO members; ILO-IPEC members; and the
Employers Confederation of the Philippines, and functions as a steering committee for national child labor
programs. See unclassified telegram 5853. See also ILO-IPEC Programme in the Philippines, Field
Publication [hereinafter ILO-IPEC Programme], at http://www.ilo.org/public/english/standards/ipec/publ/
field/asia/philip98pr.htm.
2014
ILO-IPEC, Reporting on the State of the Nation’s Working Children: A Statistical Program for
Advocacy on the Elimination of Child Labor and the Protection of Working Children in the Philippines,
project document, 1995 [document on file].
2015
ILO-IPEC, Statistical Information and Monitoring Programme on Child Labour in the Philippines,
project document, 2001 [document on file].
2016
Under the Philippine-ILO Indicative Framework for Action, the priority target groups are child
victims of trafficking, children in mining and quarrying, children in home-based enterprises, children
trapped in prostitution, children in domestic service, children in the deep-sea diving and fishing industry,
and children in commercial farm agriculture, including sugar and vegetable production. See ILO-IPEC
Programme.
2017
ILO-IPEC, Programme to Combat Child Labour in the Fishing Sector in Indonesia and the Philip-
pines, project document [document on file]. See also Programme to Combat Child Labour in the Foot-
wear Sector in Southeast Asia: Indonesia, the Philippines, and Thailand, project document [document on
file].
2018
In a May 2001 speech, President Arroyo committed the government to “undertake effective and time-
bound measures to eliminate the worst forms of child labor in our midst and prevent future generations
from engaging in the same.” The DOLE has integrated the Time-Bound Program implementation under its
National Programme Against Child Labour (NPACL) for 2001-4. USDOL is funding the ILO-IPEC
preliminary work on the Time-Bound program. See Gloria Macapagal-Arroyo, president of the Philip-
276
Since 1994, the Department of Labor and Employment (DOLE) has implemented the
“Sagip Batang Manggagawa” (SBM-“Rescue the Child Workers”) Program to monitor suspected
cases of child labor and intervene on behalf of children in affirmed cases. In the first half of 2001,
SBM conducted 34 operations involving 98 minors.2019 In addition, the DOLE has a number of
social welfare programs targeting working children, including the Working Youth Center and the
Bureau of Women and Young Workers’ Family Welfare Program,2020 and the Department of
Social Welfare and Development provides social welfare support for demobilized child soldiers
and victims of prostitution and trafficking.2021 The Philippines participates in the Asian Regional
Initiative Against Trafficking and the Regional Action Plan, which includes cooperative strategies
for combating trafficking throughout the Asia-Pacific region.2022 Both independently and with
UNICEF assistance, the government launched national information and awareness-raising cam-
paigns against child labor.2023
pines, statement read by Department of Labor and Employment Secretary Patricia Aragon Santo Tomas
at the 21st National Convention of the Federation of Free Workers, May 25, 2001. See also statement by
Secretary Aragon Santo Tomas at ILO Special High-Level Session, June 12, 2001, and “Philippines:
Preparatory Activities for Time-Bound Program,” Technical Progress Report, USDOL-funded IPEC
projects/programs, November 6, 2001, 4.
2019
U.S. Embassy-Manila, unclassified telegram no. 4103, June 23, 2000, [hereinafter unclassified
telegram 4103]. See also unclassified telegram 5990 .
2020
The Working Youth Center assisted more than 6,000 young workers in 2000. The BWYW has
conducted training for government officials who enforce child labor laws as well as 770 companies
nationwide. See unclassified telegram 5990.
2021
Country Reports 2000, Section 3, at http://www.state.gov/g/drl/rls/hrrpt/2000/eap/
index.cfm?docid’764. See also unclassified telegram 4103.
2022
Country Reports 2000, Section 6f, at http://www.state.gov/g/drl/rls/hrrpt/2000/eap/
index.cfm?docid’764.
2023
The Philippine Information Service (PIA) campaign includes posters, comic page inserts, and radio
and television announcements that are aimed at children, parents and employers. PIA also holds work-
shops with the assistance of UNICEF, and it works locally to collect baseline data on people’s attitudes
and perceptions on child labor. See unclassified telegram 4103.
2024
DECS offers basic education and skills training to children who have dropped out of school. In
addition, the Bureau of Nonformal Education within DECS offers nonformal education accreditation to
help children over the age of 15 who drop out of school to gain school accreditation. See unclassified
telegram 4103.
2025
Unclassified telegram 4103.
2026
CPC V S Programme of Cooperation for Child Survival, Protection, Development and Participation
in the Philippines: Master Plan of Operations between the Government of the Philippines and UNICEF,
277
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 5.96 percent of children between the ages of 10 and 14 in
the Philippines were working.2027 Child labor is more prevalent in rural areas.2028 Roughly half of
all child workers are employed in agriculture,2029 while other children work in manufacturing,
dynamite production, mining and quarrying, pearl farming, fishing, domestic work, and prostitu-
tion.2030 Children are reported to work as domestic servants or bonded laborers, and children living
on the streets engage in informal labor activities such as scavenging or begging. Children are also
involved in the commercial sex industry,2031 and they are reportedly trafficked for purposes of
prostitution.2032 There are no reports of child soldiers in the government armed forces, but children
under the age of 18 are used as soldiers in paramilitary and armed opposition groups.2033
1999-2000 (Manila: Government of the Philippines and UNICEF, February 1999) 99-101, 125-28. See
also “UNICEF in the Philippines” at http://www.unicef.org/philippines/ on 11/13/01.
2027
World Development Indicators 2001(Washington, D.C.: World Bank, 2001). A child labor survey
conducted in 1995 by the Philippine National Statistics Office in cooperation with ILO-IPEC estimated that
11 percent (1.9 million) of children between the ages of 5 and 14 in the Philippines were working. The
survey found that of the country’s 22.3 million children between the ages of 5 and 17, 3.7 million children
(16 percent) work, and 2.2 million work under hazardous conditions. See National Statistics Office,
Children of the Philippines and Working Children and Their Environment, fact sheets on the Survey of
Children 5-17 Years Old, July 1995 [hereinafter Children of the Philippines] [documents on file].
2028
Within the specified age group, 1.3 million children worked in rural areas as opposed to 0.6 million in
urban areas. See Children of the Philippines.
2029
Agricultural work includes work on commercial pineapple, rubber, and sugar farms. See ILO, Report
on National Survey of Working Children in the Philippines (Manila, 1997), 17. See also Alejandro W.
Apit, Kamalayan Development Foundation, interview with USDOL official, Manila, April 6, 2000.
2030
Hazardous work conditions persist in many of these sectors and occupations. For example, children
manufacturing footwear from home are exposed to dangerous glue and kerosene fumes; working in mines
and quarries involves blasting rocks and carrying heavy loads; and working on docks in ports exposes
children to harmful dust and chemicals. Deep-sea fishing is another hazardous and common form of child
labor, and an estimated 7 percent of Filipino children from 5 to 15 years old work in the sector. See Juan
Escandor, Jr., “Child Labor Extensive in Gold Rush Site,” Philippine Daily Inquirer, July 6, 2000. See
also Sonia Rosen, Solidarity Center, electronic correspondence to staff of the International Child Labor
Program, October 31, 2001, and Alejandro W. Apit, Child Recruitment and Some Most Hazardous Forms
of Child Labor in the Philippines: A KDF’s Experience (Manila: Kamalayan Development Foundation,
Inc., January 1998), 145-46.
2031
This figure is estimated to rise by 3,200 children per year. There are specific reports of girls working
as prostitutes on ships in Batangas Bay, a practice said to be increasing dramatically. See Save the Chil-
dren, Country Report: The Philippines, 2001 [hereinafter Save the Children], 6. See also Commission on
Human Rights, Report of the Working Group on Contemporary Forms of Slavery on Its Twenty-Sixth
Session, UN Document E/CN.4/Sub.2/2001/30, Geneva, July 16, 2001, paras. 51-52.
2032
Country Reports on Human Rights Practices for 2000—Philippines (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/index.cfm?docid’849. See also ILO, “The ILO-Japan Asian Meeting on the Trafficking of
Children for Labour and Sexual Exploitation,” Country Report, Philippines, (Manila, 2001) [CD-ROM].
2033
Coalition to End the Use of Child Soldiers, Child Soldiers: Global Report 2001: Philippines, at http://
www.child-soldiers.org/report2001/global_report_contents.html on 12/19/01. See also Country Reports
278
Philippine law mandates six years of compulsory primary education for children between
the ages of 6 and 11.2034 Primary and secondary schools are free of tuition, although families must
cover peripheral costs, such as transportation and supplies.2035 The compulsory education age (11
years old) in the Philippines does not coincide with the minimum age (15 years old) for employ-
ment. Statistics indicate educational improvements over the past decade. The gross primary
enrollment rate was 118.8 percent in 1998, and the net primary enrollment rate rose from 85.1
percent in 1991 to 95.7 percent in 1998.2036 The gross primary attendance rate in 1998 was 121.1
percent, and the net primary attendance rate was 90.8 percent.2037 However, according to Save the
Children, one-third of all villages cannot provide schools for the requisite six years of primary
education.2038
Republic Act No. 7658 of 1993 and the Labor Code of 1993 prohibit the employment of
children under the age of 15, except when working directly for a parent and when the work does
not interfere with schooling.2039 Additionally, it is permissible for a child to work as an apprentice
at age 14.2040 The Labor Code gives the Secretary of Labor and Employment the authority to limit
working hours for children between 15 and 18 years, and prohibits hazardous work for children
under 18 years.2041 Policy Instruction No. 23 of 1977 prohibits night work for children under the
279
age of 16 years from 6 p.m. to 6 a.m. and forbids children ages 16 to 18 from working
after 10 p.m.2042 Forced labor is prohibited,2043 and the Constitution and the Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act protects children from all
forms of abuse, cruelty, and exploitation.
The Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act also prohibits child prostitution and child trafficking.2044 The DOLE is responsible for enforc-
ing child labor laws through a core group of 250 nationwide inspectors. 2045 However, child labor
enforcement is weak due to a lack of resources, inadequate judicial infrastructure and a low rate of
convictions, as well as legislative shortcomings such as absence of coverage in the informal
sector.2046 Philippines ratified ILO Convention 138 on June 4, 1998, ILO Convention 182 on
November 28, 2000.2047
280
Poland
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
An Ombudsman for Children’s Rights was created in January 2000 to guard the rights of
children as provided in the Constitution, the Convention on the Rights of the Child, and other
laws.2048 These rights include the defense against violence, cruelty, exploitation and actions that
undermine a child’s moral sense.2049 The Ombudsman has been active in a public information
campaign on the hazards of children working in agriculture.2050 The Ministry of Agriculture, the
Ministry of Education, the State Labor Inspectorate (PIP), and the Roman Catholic Church are
working together to increase awareness of the hazards of child labor in rural communities.2051
Statistics on the number of working children under the age of 15 in Poland are unavailable.
However, the Polish Ombudsman for Children’s Rights estimates that roughly 4 percent of chil-
dren under the age of 15, and 60 percent of rural children under age 18 work.2052 Children are
found working in the agricultural sector, primarily on family farms.2053 In urban areas, children are
found working in restaurants, bakeries, and stores, passing out leaflets, and cleaning.2054 Children
are reported to engage in prostitution.2055 There are also reports that girls are trafficked from Poland
to Western European countries, including the Netherlands, Belgium, and Switzerland, for the
purpose of sexual exploitation.2056
2048
Dziennik Ustaw (Journal of Laws), no. 6, item 69, Law on the Ombudsman for Children, as cited in
Republic of Poland, Office of the Ombudsman for Children, at http://www.brpd.gov.pl/law.htmlhttp://
www.brpd.gov.pl/law.html.
2049
Constitution of Poland, Chapter 2, Article 72 [hereinafter Constitution of Poland], at http://www.uni-
wuerzburg.de/law/p100000_.html. www.uni-wuerzburg.de/law/pl00000.htmlAn English-language version
of the Constitution of Poland can be found on the Web site of the Sejm (the lower house of Parliament) of
the Republic of Poland at http://www.sejm.gov.pl/english/konstytucja/kon1.htmhttp://www.sejm.gov.pl/
english/konstytucja/kon1.htm.
2050
U.S. Embassy-Warsaw, unclassified telegram no. 4446, October 4, 2001 [hereinafter unclassified
telegram 4446].
2051
Ibid.
2052
Unclassified telegram 4446 at 1, 3.
2053
Ibid.
2054
Ibid.
2055
Helena Karlen and Christina Hagner, Commercial Sexual Exploitation of Children in Some Eastern
European Countries (Bankgok: ECPAT International, March 1996), 11. See also Carmen Galiana, Euro-
pean Parliament, Working Paper, Trafficking in Women, Civil Liberties Series, March 2000, 71.
2056
U.S. Department of State, Trafficking in Persons Report, July 2001, Poland [hereinafter Trafficking in
Persons Report], 64.
281
Education in Poland is compulsory to 18 years of age, and is free in public schools.2057 In
1995, the gross primary enrollment rate was 96.4, and the net primary enrollment rate was 94.5
percent.2058 Primary school attendance rates are unavailable for Poland. While enrollment rates
indicate a level of commitment to education, they do not always reflect children’s participation in
school.2059
The Labor Code sets the minimum age of employment at 13 years.2060 Children 13 to 15
years of age may work under temporary, limited contracts with permission from their parents.
Minors between 15 and 18 years have wider employment possibilities, but they may only be
employed upon completion of primary school and under non-hazardous work conditions. Polish
children below the age of 16 are banned from mining and most types of construction.2061 The
Criminal code bans work by children under the age of 16 in the production of pornographic
films.2062
Polish law prohibits forced and bonded child labor.2063 Engaging in a sex act with a person
under the age of 15 is a criminal offense in Poland, and carries a penalty of one to 10 years impris-
onment. Leading an individual into prostitution by means of force, threat, or by taking advantage
of the dependence of a person is prohibited by Article 203 of the Criminal Code. Encouraging or
promoting the prostitution of a person with the purpose of pecuniary gain is also considered
criminal.2064 Efforts to combat trafficking include the implementation of revised anti-trafficking
criminal statues in 1998, with penalties of up to 10 years imprisonment.2065 However, foreigners
trafficked into Poland have no legal status or public resources available to them, and they are often
2057
Constitution of Poland, Chapter 2, Article 70.
2058
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2059
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2060
Unclassified telegram 4446. The Constitution of Poland sets the minimum age of permanent employ-
ment at 16 and allows for the types and nature of employment to be determined by statute. See Constitu-
tion of Poland at Section IV, Article 65, 3.
2061
Unclassified telegram 4446.
2062
Ibid. See also Criminal Code, Article 200, as cited in the Protection Project Database [hereinafter
Criminal Code] at http://www.protectionproject.orgwww.protectionproject.org.
2063
Country Reports on Human Rights Practices for 2000—Poland (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/eur/index.cfm?docid’879.http://www.state.gov/g/drl/rls/hrrpt/2000/eur/index.cfm?docid’879
2064
Criminal Code at Articles 200, 203, and 204.
2065
Trafficking in Persons Report at 64. See also Criminal Code at Article 204, para. 4.
282
quickly deported to minimize the expense of keeping them in detention.2066 The PIP is responsible
for all labor-related complaints, including those related to child labor, and PIP inspectors receive
training in handling child labor issues.2067 Of the 1,494 investigations of charges of underage
employment that were conducted by the PIP in 1999, the PIP levied fines in 417 cases and sent 358
cases to an administrative tribunal which can levy steeper fines.2068
Poland ratified ILO Convention 138 on March 22, 1978, but has not ratified ILO
Convention 182.2069
2066
Trafficking in Persons Report at 64.
2067
Unclassified telegram 4446.
2068
Country Reports 2000 at Section 6d.
2069
ILO, ILOLEX database: Poland, at http://ilolex.ilo.ch:1567/english/index.htmhttp://
ilolex.ilo.ch:1567/english/index.htm. For the text of ILO C105, see http://ilolex.ilo.ch:1567/scripts/
convde.pl?C105http://www.ilolex.ilo.ch:1567/scripts/convde.pl?C105.
NOTE: Hard copies of all Web citations are on file.
283
Romania
Government Programs and Policies to Eliminate the Worst Forms of Child Labor
The Government of Romania has been a member of ILO-IPEC since 2000 and has
launched a National Action Program to Eliminate Child Labor. A National Steering Committee
(NSC) was established as a coordinating body to oversee national program activities.2070 Following
the signing of the MOU between the Government and ILO-IPEC in June 2000, Child Labor Units
were formed within the Ministry of Labor and Social Protection’s (MLSS) Labour Inspectorate
and the National Authority for Child Protection and Adoption (NACPA). In May 2001, police
officers at the General Inspectorate of Police began training to act against the worst forms of child
labor, and the first 25 MLSS labor inspectors were trained as trainers to increase inspectors’
abilities to investigate and monitor child labor activities.2071 The NACPA Child Labor Unit and the
NSC adopted the National Strategy for Child Protection for 2001-2004 and the Operational Plan
for the Implementation of the Strategy, which includes children exploited by labor as a special
target group.2072 With funding from USDOL and technical assistance from ILO-IPEC’s SIMPOC,
the National Institute of Statistics and Economic Studies began implementation of a national
survey on child labor in 2000.2073
In 1999, the ILO estimated that fewer than 1 percent of children between the ages of 10 and
14 in Romania were working.2074 The majority (93 percent) of these children worked in agriculture,
another 6.5 percent in trade/services, and 0.5 percent worked outside the family home.2075 In 2000,
2070
As of September 2001, the NSC consists of representatives of the NACPA; MLSS’s Labor Inspec-
torate, the Ministry of Education and Research, the Ministry of Health and Family, the Ministry of
European Integration, the General Inspectorate of the Police, workers’ and employers’ organizations,
NGOs active in child protection, and representatives from academia. See ILO-IPEC, National Action for
the Prevention and Elimination of Child Labour in Romania, Technical Progress Report No. 3 (Geneva,
September 2001) [hereinafter National Action], 3. See also ILO/IPEC, Midterm Review: Country Program
on Child Labor in Romania (Bucharest, July 2001) [hereinafter Midterm Review].
2071
National Action at 7, Annex 2, and Midterm Review.
2072
Government of Romania, National Authority for the Protection for the Child and Adoption, Govern-
ment Strategy Concerning the Protection of the Child in Difficulty (2001-2004) (Bucharest, May 2001),
15. The plan recommends improving the national legislation on the exploitation of children, diversifying
the rehabilitation services provided for children, setting up monitoring mechanisms for children in
difficult circumstances, implementing action programs to combat child labor, and providing training for
the professionals working with children in difficulty. See Midterm Review.
2073
ILO-IPEC, SIMPOC Progress Report No. 3 (Geneva, September 2001).
2074
According to the ILO, 0.04 percent of children were working. See World Development Indicators
2000 (Washington, D.C.: World Bank, 2000) [CD-ROM]. A 1997 survey by Save the Children revealed
that among children living with their families, 8.3 percent of children who attend primary school also
work. See Save the Children Romania, Child Labor in Romania, 1997, 1.
2075
Child Labor in Romania at 1.
284
the NACPA estimated that there were 2,500 to 3,500 street children in 2000.2076 Urban street
children are found begging, washing/parking cars, selling merchandise, performing household
work, collecting waste products, and loading and unloading merchandise. To a much lesser extent,
children engage in prostitution, work in construction, or work in factories.2077 Some girls as young
as 14 have been trafficked.2078
The Romanian Constitution states that a child has a right to a free public education.2079 In
July 1999, compulsory education was increased to nine years.2080 In 1998, the gross primary
enrollment rate was 99.8 percent, and the net primary enrollment rate was 91.6 percent.2081 School
participation is lower among ethnic Roma children.2082
The Romanian Constitution states that children under the age of 15 may not be employed
in paid labor, and the exploitation and employment of children in activities that might be physically
or morally unhealthy or put their lives or normal development at risk are prohibited.2083 Young
persons ages 15 and 16 can be employed with the consent of their parents or legal guardian on the
condition that the work performed is in accordance with their health and abilities and does not
interfere with their education.2084 According to Article 155 of the General Norms of Labor Protec
2076
The National Agency for Protection of Children’s Rights (NAPCR) was reorganized in 2001 and is
now the National Authority for Child Protection and Adoption (NACPA). See UNDP and Research
Institute for the Quality of Life: Saracia in Romania, Poverty in Romania, Poverty in Romania: Causes,
Anti-Poverty Policies, Recommendations for Action, 2001 [hereinafter Poverty in Romania], 16. See also
ILO-IPEC, “Romania: Working Street Children in Bucharest: A Rapid Assessment” (draft) (Bucharest,
July-August, 2001) [hereinafter “Working Street Children in Bucharest”], 27, 28.
2077
“Working Street Children in Bucharest” at 28.
2078
Of 401 cases of trafficked victims receiving assistance from IOM between January 2000 and Decem-
ber 2001, 83 were children between the ages of 15 and 17 years, and 6 were 14 years old or younger.
Anecdotal evidence suggests a rise in economic and sexual exploitation of children. See IOM, “Romania:
Trafficking in Women,” press release (Bucharest, July 6, 2001). See also “Cases Assisted by IOM
Bucharest” (Bucharest, July 2, 2001) at www.oim.ro/en/trafic_stat.php.
2079
Constitution of Romania, Article 32, December 8, 1991 [hereinafter Constitution of Romania], at
http://www.uni-wuerzburg.de/law/ro00000_.html.
2080
Government of Romania, Ministry of Education, Institute for Sciences of Education, Education for All
(EFA) Assessment, Section 3.2, 1999. See also UNESCO, The Education for All 2000 Assessment:
Country Reports—Romania, at http://www2.unesco.org/wef/countryreports/romania/contents.html.
2081
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2082
The Roma constitute a large ethnic minority in Romania. Pop and Voicu, 2000, as cited in Poverty in
Romania at 30. See also Country Reports on Human Rights Practices for 2000—Romania (Washington,
D.C.: U.S. Department of State, 2001), Section 5.
2083
Constitution of Romania at Article 45 (4).
2084
Government of Romania, Ministry of Labour and Social Solidarity, Labor Inspection, “National
Legislation on Child Labor,” 2001, published as part of the Labor Inspection’s National Campaign on the
Elimination of Child Labor.
285
tion, children under the age of 16 cannot be used for loading, unloading, and handling
operations.2085 Employed children under the age of 18 may not be placed in hazardous work places
and may not be made to work at night or beyond the legal duration of a working day (8 hours)
except in emergencies.2086
Article 191 of the Romanian Criminal Code outlaws the act of submitting a person to labor
against his or her will or to mandatory labor.2087 It also prohibits individuals from prostituting
children.2088 In December 2001, the government passed Law 678, which, among other stipulations,
protects children under the age of 19 years from trafficking and applies enhanced punishments in
the case that the child is under 15 years of age. Article 18 of Law 678 also criminalizes child
pornography,2089 and Article 325 of the Criminal Code prohibits the selling, spreading, manufac-
turing, and possession of obscene materials with the purpose of dissemination to children.2090
Enforcement of labor laws that protect children falls under the mandate of the MLSS, Labor
Inspection (established under Law No. 108/1999).2091 The MLSS, the Ministry of Health and
Family, the Ministry of Education and Research, and the NACPA are responsible for supervising
the observance of norms regarding child protection.2092 Romania ratified ILO Convention 138 on
November 19, 1975, and ILO Convention 182 on December 13, 2000.2093
2085
Ibid.
2086
National Agency for the Protection of Children’s Rights on the Romanian Government, “Romania’s
Periodic Progress Report on the Implementation of the UN Convention on the Rights of the Child,”
Section 8.3, at http://www.copii.ro/htm/english/rd/1.htm on 9/27/01.
2087
Ibid.
2088
Criminal Code of Romania, Article 329, as cited in the Protection Project Database, Country Report,
Romania, January 2001, at http://www.protectionproject.org.
2089
Article 13 establishes the provisions against trafficking of children. See Electronic Correspondence,
U.S. Department of State Official, Eric Barboriak, to U.S. Department of Labor Official, May 2, 2002.
2090
Ibid.
2091
Government of Romania, Ministry of Labor and Social Protection, report on Romanian laws, actions,
and programs concerning Combating the Worst Forms of Child Labor (facsimile), September 25, 2000.
2092
“Working Street Children in Bucharest” at 13.
2093
ILO, ILOLEX database: Romania, at http://ilolex.ilo.ch:1567/english/.
NOTE: Hard copies of all Web citations are on file.
286
Russian Federation
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In January 2000, the government collaborated with ILO-IPEC on a project to assess the
situation of street children in St. Petersburg.2094 During the project, a “Working Street Children
Action Committee” was established in the city, and families were directed toward appropriate
educational, health, psychological, and social assistance services.2095 In 2001, the government
began working with the World Bank on a 5-year project to improve vocational education2096 and
signed an agreement with UNESCO to cooperate on rehabilitating the educational system in the
Chechen Republic.2097
Statistics on the number of working children under the age of 15 in Russia are unavailable.
Reports indicate that children work principally in small businesses (such as in garages, kiosks,
cafes, and laundries), as beggars, in commercial sexual exploitation, in the sale of drugs, and as
street vendors.2098 In general, child welfare in Russia has deteriorated in recent years, especially for
those children who are orphans, homeless, or working on the streets.2099 A study in 2000 by ILO-
IPEC, in collaboration with the government, found between 10,000 and 16,000 working street
children in the city of St. Petersburg.2100
Prostitution and the trafficking in girls and boys to brothels in Western Europe are reported
to be increasing,2101 and reports from NGOs allege that Russian organized crime is increasingly
2094
U.S. Embassy–Moscow, unclassified telegram no. 3884, November 2001 [hereinafter unclassified
telegram 3884].
2095
In June 2001, the Moscow office of the ILO, in collaboration with the Ministry of Labor, held a
tripartite workshop entitled “The Worst Forms of Child Labor in Russia: ILO Convention 182.” As a
follow-up to the workshop, the local ILO office plans to organize a nationwide conference on combating
child labor in early 2002. See unclassified telegram 3884.
2096
World Bank, Education Reform Project, “Projects and Operations,” at http://http://
www.4worldbank.org/sprojects/Project.asp?pid’PO50474www4.worldbank.org/sprojects/
Project.asp?pid’P050474 on 12/6/01, updated 11/26///01.
2097
UNESCO, “Russia and UNESCO Sign Agreement on Cooperation in Education for Chechen
Republic,” at http://www.unesco.org/opi/eng/unescopress/2001/01-109e.shtml http://www.unesco.org/
opi/eng/unescopress/2001/01-109e.shtml on 12/6/01.
2098
ICFTU Online, “World Union Calls for Immediate Action to Prevent Explosion of Child Labour in
Russia,” at http://www.icftu.org/english/ps/1999/eprol70-990915-dd.html. See also BBC News, “World:
Europe Eyewitness—Russia: A Child’s Eye View,” at http://www.news.bbc.co.uk/hi/english/world/
europe/newsid_489000/489283.stm, and Vancouver Sun, “No Place to Call Home for a Million Russian
Kids,” at http://www.vancouversun.com/cgibin/newsite.pl?adcode’w-mm&modulename.
2099
Unclassified telegram 3884.
2100
Ibid.
2101
Human Rights Report—Russian Federation, the Protection Project, www.protectionproject.orgJanuary 2001.
287
involved in the trafficking of children2102 Russian law enforcement acknowledges that the
trafficking of pornographic images of children via the Internet is a growing problem.2103 Children
are not used as soldiers in government armed forces in Russia, but there are reports that armed
groups in Chechnya use child soldiers extensively and that Islamic separatists in Daghestan have
offered money to children to join their ranks2104
Primary education is free and compulsory until age 15 or 9th grade.2105 It is common,
however, for teachers to ask parents to help pay several dollars each month for books, supplies, and
furniture.2106 In 1994, the gross primary enrollment rate was 107.2 percent, and the net primary
enrollment rate was 92.7 percent.2107 Primary school attendance rates are unavailable for Russia.
While enrollment rates indicate a level of commitment to education, they do not always reflect
children’s participation in school.2108 Although school enrollment is high in Russia, truancy is
reported to be a growing problem, especially in lower income areas.2109 Access to education is also
frequently denied to children of unregistered persons, asylum seekers, and migrants because of
residency registration requirements.2110
The Labor Code sets the minimum age for employment at 15 years. Children age 14 can
work on a temporary basis with the permission of a parent or guardian, if their jobs will not
interfere with their education.2111 Children under the age of 18 are prohibited from dangerous,
2102
Country Reports on Human Rights Practices for 2000—Russia (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/eur/index.cfm?docid’877.
2103
Ibid.
2104
Coalition to End the Use of Child Soldiers, Global Report 2001: Russian Federation at http://
www.child-soldiers.org/report2001/countries/russian_federation.html on 12/4/01http://www.child-
soldiers.org/report2001/countries/russian-federation.html.
2105
There is no minimum age for admission to schools in the Russian Federation. The age of admission is
set by the statutes of the educational establishment. See Periodic Reports of States Parties Due in 1997:
Addendum, Russia, CRC/C/65/Add. 5, UN Committee on the Rights of the Child, United Nations,
Geneva, November 20, 1998, 20, 27.
2106
Unclassified telegram 3884.
2107
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2108
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2109
Unclassified telegram 3884.
2110
Country Reports 2000 at Section 5.
2111
Boris Marchuck, Embassy of the Russian Federation, letter to USDOL official, September 27, 2000
[hereinafter Marchuck letter].
288
night, and overtime work; work that would prevent them from an education; work that is harmful
to their health and moral development;2112 work in cabarets, night-clubs, gambling establishments,
and places where the production, transportation, and sale of liquors, tobacco products, drugs, and
toxic substances can occur. Children ages 16 to 18 may not work more than 36 hours per week or
during school hours.2113 Children ages 14 to 16, may work only during school breaks and may not
work more than 24 hours a week.2114 Children of working age can be employed only after a
medical examination and are required to pass annual medical examinations until the age of 18.2115
The Ministry of Labor can impose administrative penalties or file criminal charges against
employers who violate children’s labor rights. The Criminal Code provides a penalty of up to 2
years of imprisonment for labor safety violations, including those involving children. There are
also local commissions on youth labor rights that assist with the monitoring process. The
Procurator’s Office has general supervision over compliance with labor legislation, including
responsibility for protecting children from economic exploitation and making checks to ensure that
labor laws are enforced.2121 Although the government has stated that child labor enforcement
2112
Ibid.
2113
Ibid. See also unclassified telegram 3884.
2114
Marchuck letter.
2115
Ibid.
2116
Country Reports 2000 at Section 6f.
2117
Constitution of the Russian Federation, Section 1, Chapter 2, Article 37 [document on file].
2118
Country Reports 2000 at Section 6f.
2119
Unclassified telegram 3884.
2120
“Commercial Sexual Exploitation of Women and Children: A Human Rights Report—Russian
Federation,” The Protection Project Database, January 2001, at http://www.protectionproject.org [docu-
ment on file].
2121
Marchuck letter.
289
checks are regular,2122 one report indicated that investigations are entirely complaint
driven.2123 The government investigates and prosecutes cases involving the trafficking of children
and has collaborated with the United States and other countries to develop its expertise on traffick-
ing.2124
Russia ratified ILO Convention 138 on May 3, 1979, but has not ratified ILO Convention
182. 2125
2122
Ibid.
2123
Country Reports 2000 at Section 6d.
2124
U.S. Department of State, Trafficking in Persons Report, July 2001, Russian Federation.
2125
ILO, ILOLEX database, “Ratifications of ILO Conventions,” at http://www.ilolex.ilo.chhttp://
www.ilolex.ilo.ch:1567/English/.
290
Rwanda
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that 41.4 percent of children between the ages of 10 and 14 in
Rwanda were working.2128 Most child labor occurs in the agricultural sector.2129 As recently as
August 2001, children have been rescued from forced recruitment in domestic fighting, where they
have been working either as soldiers or as servants for the armed forces.2130 Reports indicate that
children as young as ages 10 to 18 have been recruited by government armed forces.2131 Because of
the genocide of 1994, many households are being run by children, creating extreme pressure for
them to provide for their families.2132
2126
ILO, Phase I: Regional Programme on the Prevention and Reintegration of Children Involved in
Armed Conflicts in Central Africa (Geneva, 2001).
2127
Ibid.
2128
ILO labor force statistics as cited in World Development Indicators 2001 (Washington, D.C.: World
Bank, 2001) [hereinafter World Development Indicators 2001] [CD-ROM].
2129
Country Reports on Human Rights Practices for 2000—Rwanda (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/index/cfm?docid’720.
2130
UNICEF, press release, at http://unicef.org/newsline/01pr69.htm.
2131
Ibid. The genocide killed 800,000 Rwandans.
2132
BBC World Service, “Children of Conflict: Child-Headed Households,” at http://www.bbc.co.uk/
worldservice/people/features/childrights/conflict/headed.shtml.
2133
Enquete à Indicateurs Multiples (MICS2) Rapport Preliminaire: Rwanda, Ministere des Finance et de
la Planification Economique B.P 46 Kigali, January 11, 2000 [hereinafter Enquete à Indicateurs Mul-
tiples] 8.
2134
Country Reports 2000 at Section 5.
2135
World Development Indicators 2001.
291
children ages 8 to 13.2136 Of the children who enter the first grade, 76 percent reach the
fifth grade.2137 There is a high dropout and repetition rate among primary school children.2138
Public schools lack basic supplies and cannot accommodate all primary age school children, and
private schools are inaccessible or too costly for the majority of the population. School fees are
regularly waived for orphans.2139
The minimum age for employment is 15 years. However, children between the ages of 13
and 14 can work, with Ministry of Labor approval, if the work will not have a negative effect on
their health, development, or education.2140 With the exception of subsistence agriculture, children
under age 16 are prohibited from working at night or in unhealthy, strenuous, noxious, or danger-
ous conditions.2141 Forced or bonded labor by children is not specifically prohibited.2142 Under
Article 374 of the Criminal Code, trafficking is an aggravated offense, with a doubled penalty for
delivering a minor into prostitution upon entering or exiting the country.2143 Legislation from 1977
sets the minimum voluntary age for military service at age 16.2144
The Ministry of Public Service and Labor does not effectively enforce these laws in part
because of the large number of children who are heads of household.2145 Rwanda ratified ILO
Convention 138 on April 15, 1981, and ILO Convention 182 on May 23, 2000.2146
2136
Enquete à Indicateurs Multiples.
2137
Ibid at 8.
2138
Ibid at 4.
2139
Country Reports 2000 at Section 5.
2140
U.S. Department of State, electronic correspondence from U.S. Embassy-Rwanda to USDOL official,
November 30, 2001.
2141
Country Reports 2000 at Section 6d. See also Electronic Correspondence from U.S. Department of
State Official Mark J. Wildermuth to U.S. Department of State Official, Amy S. Radetsky, November 30,
2001. An ILO committee report indicates that the draft revision of the Rwandan labor code will extend the
minimum age to the agricultural sector. See CEACR: Individual Observation Concerning Convention No.
138, Minimum Age, 1973, Rwanda (ratification: 1981, published: 2001).
2142
Country Reports 2000 at Section 6d. See also The UN Human Rights System, “For the Record 2000:
Rwanda” [hereinafter “For the Record 2000”], at http://www.hri.ca/fortherecord2000/vol2/rwandatr.htm.
2143
The Protection Project, Commercial Exploitation of Women and Children: A Human Rights Report on
Rwanda. According to the Protection Project, prostitution and compelling another person to become
engaged in prostitution are prohibited by Articles 363-365 of the Criminal Code. Punishment for these
crimes is imprisonment for up to 5 years and a fine.
2144
The Global March Against Child Labor, “The Worst Forms of Child Labour: Rwanda,” at http://
www.globalmarch.org/worstformsreport/world/rwanda.html.
2145
Country Reports 2000 at Section 6d. See also “For the Record 2000.”
2146
ILO: Ratifications of the Fundamental Human Rights Conventions by Country at http://
ilolex.ilo.ch:1567/english/index.htm.
NOTE: Hard copies of all Web citations are on file.
292
Saint Kitts and Nevis
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of St. Kitts and Nevis has an extensive childcare and early childhood
program to prevent children from being withdrawn from school to look after younger siblings.2147
The government to relieve some of the financial burden of attending school has implemented a
school meals program and a school fee subsidy.2148 The government has also worked with UNICEF
to promote children’s rights and offer workshops and training for government personnel dealing
with children.2149
Statistics on the number of working children under the age of 15 in St. Kitts and Nevis are
unavailable. In rural areas, children assist with subsistence agriculture activities on family plots,
including livestock farming and vegetable production.2150 Children, particularly girls, perform
domestic labor for their families as well as for other households.2151
Pursuant to the Education Act of 1976, education is compulsory between the ages of 5 and
16.2152 In 1997, the gross primary enrollment rate was 97.6 percent, and the net primary enrollment
rate was 88.6 percent.2153 Primary school attendance rates are unavailable for St. Kitts & Nevis.
While enrollment rates indicate a level of commitment to education, they do not always reflect
children’s participation in school.2154
2147
U.S. Department of State, unclassified telegram no. 1791, September 2001 [hereinafter unclassified
telegram 1791].
2148
Ibid.
2149
Initial Reports of States Parties Due in 1992, Committee on the Rights of the Child, UN Document
CRC/C/3/Add.51 (Geneva, May 5, 1997) [hereinafter Initial Reports of States Parties], para. 5(e).
2150
Unclassified telegram 1791.
2151
Agriculture, domestic service, and illicit activities have been acknowledged by the government as
sectors in which children could find work in high-risk jobs. See unclassified telegram 1791.
2152
Leroy Richards, Labor officer, Government of St. Kitts and Nevis, Department of Labor, interview
with USDOL official, November 29, 2001 [hereinafter Richards interview]. See also Initial Reports of
States Parties at para. 40.
2153
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2154
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
293
Child Labor Laws and Enforcement
The Employment of Children Restriction Act prohibits full- or part-time employment for
children under 16 years of age.2155 The same law protects children under the age of 14 from
hazardous work situations. to their health and development.2156 The Constitution prohibits forced
labor except when fulfilling a court sentence or during a period of public emergency.2157 Procure-
ment of women or girls for sexual relations and the abduction of girls under 16 years of age for
sexual exploitation are prohibited by the Criminal Law Amendment.2158
The Department of Labor in St. Kitts and Nevis is responsible for investigating child labor
complaints, although no cases of child labor violations have been brought before the Department to
date.2159 The Government of St. Kitts & Nevis has not ratified ILO Convention 138, but it did
ratify ILO Convention 182 on October 12, 2000.2160
2155
Richards interview. See also Initial Reports of States Parties at para. 13.
2156
Unclassified telegram 1791.
2157
Constitution of St. Kitts and Nevis, Article 2, 1983, at http://www.georgetown.edu/LatAmerPolitical/
Constitutions/Kitts/stkitts-nevis.html on 10/24/01.
2158
Criminal Law Amendment Act, Chapter 19, Articles 2-4, 6, as cited in the Protection Project Database
at http://www.protectionproject.org
2159
Unclassified telegram 1791.
2160
ILOLEX database: Saint Kitts and Nevis at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 10/
25/01.
NOTE: Hard copies of all Web citations are on file.
294
Saint Lucia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In order to ensure access to educational facilities, the government has meal subsidization
programs in a number of schools and has a program that includes the building of new schools.2161
In addition, the UNDP, along with the Caribbean Development Bank, is implementing poverty
reduction projects in St. Lucia.2162
Statistics on the number of working children under the age of 15 in St. Lucia are unavail-
able. Children are reportedly found working alongside family members harvesting bananas and
selling food or commercial products on urban sidewalks or at food stalls.2163 These activities
reportedly take place on non-school days and during holidays.2164
The Education Act provides for free and compulsory education from the ages of 5 to
15.2165 Provisions in the Education Act pertaining to the minimum age for employment are in-
tended to serve as the country’s primary legislation on child labor.2166 In 1999, the gross primary
enrollment rate was 115.1 percent.2167 Primary school attendance rates are unavailable for St.
Lucia. While enrollment rates indicate a level of commitment to education, they do not always
reflect children’s participation in school.2168
2161
Schools are built within a 3-mile radius of each other in order to ensure that educational facilities are
accessible to all. See U.S. Embassy-Bridgetown, unclassified telegram no. 1792, September 2001 [herein-
after unclassified telegram 1792].
2162
UNDP, Poverty Strategies Initiative: Latin America and the Caribbean, at http://www.undp.org/
poverty/initiatives/ on 10/25/01.
2163
Ibid.
2164
Unclassified telegram 1792. See also U.S. Embassy-Bridgetown unclassified telegram no. 452,
February 1998.
2165
St. Lucia Education Act [hereinafter St. Lucia Education Act], Article 27, as cited in electronic
correspondence from the Commissioner of Labor of St. Lucia to USDOL official, November 29, 2001.
See also Country Reports on Human Rights Practices for 2000—St. Lucia (Washington, D.C.: U.S.
Department of State, 2001) [hereinafter Country Reports 2000] at http://www.state.gov/g/drl/rls/hrrpt/
2000/wha/index.cfm?docid’830.
2166
According to an official at the St. Lucia Department of Labor, based on the Education Act 16, years is
generally recognized as the minimum age for employment. See St. Lucia Education Act.
2167
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2168
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
295
Child Labor Laws and Enforcement
Education Act No. 41 of 1999 sets the minimum age for employment at 16 years during
the school year.2169 The Employment of Women, Young Persons and Children Law sets 14 years
as the minimum age for employment in industrial work, and night work is prohibited for children
under 16 years.2170 The Constitution prohibits forced labor except when fulfilling a court sentence,
serving in the military, working as an alternative when a conscientious. objection to military
service exists, or working during a period of public emergency.2171 The Criminal Code bans the
procurement of women for prostitution, as well as the abduction of any female for the purposes of
forced sexual relations.2172
The Department of Labor of the Ministry of Legal Affairs, Home Affairs and Labor
enforces all labor laws and regulations through workplace inspections.2173 St. Lucia has not ratified
ILO Convention 138, but it did ratify ILO Convention 182 on December 6, 2000.2174
2169
St. Lucia Education Act.
2170
Employment of Women, Young Persons and Children Act, Chapter 100, Article 3, as cited in elec-
tronic correspondence from the Commissioner of Labor of St. Lucia to USDOL official, November 29,
2001.
2171
Constitution of Saint Lucia, Article 4(2), 1979, at http://www.georgetown.edu/LatAmerPolitical/
Constitutions/Lucia/stlucia.html on 10/24/01.
2172
Criminal Code, Articles 103, 225, as cited in the Protection Project Database at http://
209.190.246.239/protectionproject/statutesPDF/St.Lucia.pdf.
2173
Penalties for violations of child labor legislation do not exceed USD 200, and imprisonment does not
exceed 3 months. See unclassified telegram 1792.
2174
ILOLEX database: St. Lucia at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 10/24/01.
NOTE: Hard copies of all Web citations are on file
296
Saint Vincent and the Grenadines
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The UNDP, along with the Caribbean Development Bank, implements poverty reduction
loan projects in St. Vincent and the Grenadines.2175 UNICEF and other organizations participate in
the poverty reduction strategy by implementing programs specifically aimed at improving eco-
nomic activities for youth.2176
Statistics on the number of working children under the age of 15 in St. Vincent and the
Grenadines are unavailable. Children are known to work in family-owned enterprises, particularly
on commercial banana farms. Children usually leave school after the primary level and are fre-
quently absorbed into the labor force to work as apprentices.2177
Education is neither compulsory nor free, although children are usually in school until the
age of 15.2178 In 1998, the gross primary enrollment rate was 90.5 percent, and the net primary
enrollment rate was 83.5 percent.2179 Primary school attendance rates are unavailable for St.
2175
UNDP, Poverty Strategies Initiative: Latin America and the Caribbean, at http://www.undp.org/
poverty/initiatives/ on 10/25/01. See also Statement by the Governor for St. Vincent and the Grenadines,
by The Hon. Dr. Ralph Gonsalves at the 31st Annual Board of Governor’s Meeting, Hyatt Regency, St.
Lucia, May 22-23, 2001.
2176
U.S. Embassy-Bridgetown, unclassified telegram no. 1758, September 2001 [hereinafter unclassified
telegram 1758].
2177
Country Reports on Human Rights Practices for 2000—St. Vincent and the Grenadines (Washington,
D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://
www.state.gov/g/drl/rls/hrrpt/2000/wha/index.cfm?docid’831. See also Internationally Recognized Core
Labour Standards in the WTO Members of the Organization of East Caribbean States, International
Confederation of Free Trade Unions (Geneva, 2001), at http://www.icftu.org/
displaydocument.asp?Index’991212900&Language’EN on 10/24/01.
2178
Country Reports 2000 at Section 5. See also Saint Vincent and the Grenadines Treaties and Reports to
Treaty Bodies, “For the Record 1997: The UN Human Rights System,” at http://www.hri.ca/
fortherecord1997/vol4/stvincent.htm on 12/12/01.
2179
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
297
Vincent and the Grenadines. While enrollment rates indicate a level of commitment to
education, they do not always reflect children’s participation in school. 2180 According to the
government, cases in which children leave school before the age of 16 are investigated.2181
The 1990 Employment of Women, Young Persons and Children’s Act of 1990 sets the
minimum age for employment at 16 years, although children may work as apprentices at age 15 as
long as the employment is not dangerous to the children’s life, health, or morals.2182 The Constitu-
tion prohibits forced labor except when individuals are required to work to fulfill court sentences
or military service obligations or to fill a need during a period of public emergency.2183 According
to the Criminal Code, causing, encouraging, or procuring a girl under 15 years of age for the
purpose of engaging in prostitution is illegal.2184 There are no laws that specifically address
trafficking in persons.2185
The Ministry of Labor’s inspection office is responsible for enforcing child labor legisla-
tion, and no violations have been reported through annual inspections. According to the Act of
Offenses and Penalties, any person who employs a child in an industrial undertaking is liable to a
fine of up to USD 250.2186 St. Vincent and the Grenadines has not ratified ILO Convention 138 but
did ratify ILO Convention 182 on December 4, 2001.2187
2180
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2181
Country Reports 2000 at Section 5.
2182
Unclassified telegram 1758.
2183
Constitution of Saint Vincent and the Grenadines, Article 4, 1979, at http://www.georgetown.edu/
LatAmerPolitical/Constitutions/Vincent/stvincent.html on 10/24/01.
2184
Criminal Code, Chapter VIII, Articles 130, 131, in Human Rights Reports: St. Vincent and the
Grenadines, Protection Project Database, at www.protectionproject.org.
2185
Country Reports 2000 at Section 6f.
2186
Unclassified telegram 1758. See also Country Reports 2000 at Section 6d.
2187
ILO, ILOLEX database, at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 10/25/01.
298
Samoa
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In September 2000, the Asian Development Bank approved a loan for USD 7 million to
finance an Education Sector Project in Samoa.2188 The objectives of this project are to rehabilitate
and expand 25 to 30 schools, develop the curriculum, and improve teachers’ skills.2189
Statistics on the number of working children under the age of 15 in Samoa are unavailable.
However, child labor is often seen in rural areas where schools are not available and is thought to
be concentrated in the sale of agricultural products at road-side stands.2190 Children are also
reported to work selling goods and food on the streets of the capital city of Apia.2191 There are no
reports of bonded labor by children, but some children are forced by community leaders to work
for their village, most frequently on village farms.2192
2188
Asian Development Bank at http://www.adb.org.
2189
Ibid.
2190
U.S. Embassy-Apia, unclassified telegram no. 195, October 2001 [hereinafter unclassified telegram
195].
2191
Country Reports on Human Rights Practices for 2000—Samoa (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/eap/index.cfm?docid’767.
2192
Country Reports 2000 at Section 6d.
2193
Unclassified telegram 195.
2194
Preliminary Report of the Special Rapporteur on the Right to Education, Ms. Katarina Toma_evski,
UN Document E/CN.4/1999/4913 (Geneva: UN Commission on Human Rights, January 1999).
2195
Unclassified telegram 195.
2196
Ibid.
2197
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2198
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
299
Child Labor Laws and Enforcement
The Labor and Employment Act of 1972 sets the minimum age of employment at 15 years
except in “safe and light” work.2199 A child under the age of 15 is not permitted to work under
conditions that are likely to harm physical or moral health or to work on a vessel that is not under
the personal charge of his or her parent or guardian.2200 The Constitution of Samoa prohibits forced
or bonded labor, including labor by children.2201 However, work or service that is required by
Samoan custom or fulfills a “normal civic obligation” is not considered “forced labor” and is
therefore not prohibited.2202 Community leaders may compel residents, including minors, to
perform work for the village.2203
The Criminal Code makes the prostitution of persons illegal in Samoa, and the law pro-
tects both adults and children.2204 The sexual exploitation of females is a criminal offense, and the
maximum penalty is higher for assault on younger victims.2205 Boys under the age of 16 are
protected from indecent assault by male adults.2206 The abduction of an individual with the intent to
transport the individual out of Samoa is a crime and is punishable by up to 10 years imprison-
2199
Labour and Employment Act (No. 12), 1972, Section 32, at http://www.vanuatu.usp.ac.fj/Paclawmat/
Samoa_legislation/Samoa_Labour.html.
2200
Ibid.
2201
Constitution of the Independent State of Western Samoa, Section 8, at http://www.vanuatu.usp.ac.fj/
Paclawmat/Samoa_legislation/Samoa_Constitution.html.
2202
Ibid. at Section 8 (2)d.
2203
Country Reports 2000 at Section 6c. For legislation text, see Village Fono Act (No. 3), 1990, at
http://www.vanuatu.usp.ac.fj/Paclawmat/Samoa_legislation/Samoa_Village_Fono.html.
2204
Receiving income from the prostitution of another person or soliciting for a prostitute regardless of
whether compensation is received, is illegal under the Samoan Criminal Code. See Samoa Criminal
Ordinance, Section 58L, 1961 [hereinafter Samoa Criminal Ordinance], at http://www.vanuatu.usp.ac.fj/
Paclawmat/Samoa_legislation/Samoa_Crimes.html.
2205
Samoan law specifies that sexual intercourse or indecency is illegal if committed with a girl under the
age of 12. For girls between the ages of 12 and 16, sexual intercourse and indecency is illegal, given that
the girl is not married to the offender. See Samoa Criminal Ordinance [hereinafter Samoa Criminal
Ordinance], Sections 51-58, at http://www.vanuatu.usp.ac.fj/Paclawmat/Samoa_legislation/
Samoa_Crimes.html.
2206
Samoa Criminal Ordinance at Section 58.
300
ment.2207 In addition, it is against the law to abduct a child under the age of 16 regardless of
whether the intent to transport the child out of Samoa is present.2208 The Commissioner of Labor is
responsible for addressing complaints about illegal child labor.2209 These complaints are referred to
the Attorney General for enforcement.2210
Samoa is not a member of the ILO and therefore has not ratified ILO Conventions pertain-
ing to child labor.2211
2207
Ibid. at Section 83A.
2208
Ibid. at Sections 83 and 83B.
2209
Unclassified telegram 195.
2210
Country Reports 2000.
2211
ILO List of Member Countries at http://www.ilo.ch/public/english/standards/relm/ctry-ndx.htm.
NOTE: Hard copies of all Web citations are on file.
301
São Tomé and Principe
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
São Tomé and Principe’s current educational development program was developed from
the structural adjustment program implemented by the government and the International Monetary
Fund (IMF). While the IMF has placed sharp spending constraints on the government, it has urged
the São Tomé and Principe Government to increase the share of total spending allocated to educa-
tion from 14 percent in 1998 to 21 percent by 2002. Emphasizing the need to improve access to
education and training, especially for the poor and women, the plan calls on the government to:
adopt an overall education development plan; improve its educational planning capacity; provide
school supplies for the 4,000 poorest students; and, increase the share of elementary school spend-
ing in the overall education budget from 22 percent in 1998 to 30 percent in 2002.2212 School
enrollment may have been affected by the suspension of a school meals program operated by the
WFP in 1995-96.2113 The program, which is scheduled to provide a mid-day meal to over 31,000
children in primary schools and kindergartens over a period of 180 days per year, was resumed in
May 2000.2114
Statistics on the number of working children under the age of 15 in São Tomé and Principe
are unavailable, and there is limited information on the incidence of child labor. Children, some-
times at early ages, reportedly work in subsistence agriculture, on commercial farms, and in
informal commerce.2115
2212
Specific targets for the period 2000-2002 are to build or rehabilitate 60 primary school classrooms
annually, hire and train 90 new primary school teachers annually, train and retrain 300 primary school
teachers, extend the school day from four to seven hours, narrow disparities between rural and urban
areas, increase the gross enrollment ratio from 70 to 90 percent, and lower the primary school dropout rate
from 31 to 15 percent. See “São Tomé and Principe: Matrix of Policy Actions and Measures: 2000-2002,”
in International Monetary Fund, São Tomé and Principe, Interim Poverty Reduction Strategy Paper
[hereinafter “Matrix of Policy Actions and Measures”], at http://www.imf.org/external/NP/prsp/2000/stp/
01/stptable.pdf on 11/30/01.
2213
UN House in São Tomé and Principe, Education, at http://www.educationplanet.com/search/
redirect?id’62903&mfcount’9&mfkw’sao_tome_and_principe&startval’0 on 11/30/01.
2214
“Projected 2002 Needs for WFP Projects and Operations,” São Tomé and Príncipe, in World Food
Program, Country Brief, São Tomé and Príncipe, at http://www.wfp.org/countrybrief/
indexcountry.asp?country’79# on 11/30/01.
2215
Country Reports on Human Rights Practices for 2000—São Tomé and Principe (Washington, D.C.:
U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/
g/drl/rls/hrrpt/2000/af/index.cfm?docid’734.
302
Education is compulsory for four years.2216 Primary school enrollment and attendance rates
are unavailable for São Tomé and Principe. The educational system has a shortage of classrooms,
insufficiently trained and underpaid teachers, inadequate textbooks and materials, high rates of
repetition, poor educational planning and management, and a lack of community involvement in
school management.2217 Domestic financing of the school system is lacking, leaving the system
highly dependent on foreign financing.2218
The minimum age for employment is 18 years and is generally respected by employers.2219
The Ministry of Justice and Labor is responsible for enforcing labor laws.2220 Forced and bonded
labor, including by children, is prohibited and not known to exist.2221 São Tomé and Principe has
not ratified either ILO Convention 138 or ILO Convention 182.2222
2216
Plans to extend primary school education from 4 to 6 years have yet to be implemented. See Prelimi-
nary Report of the Special Rapporteur on the Right to Education, Ms. Katarina Toma_evski, UN
Document E/CN.4/1999/4913 (Geneva: UN Commission on Human Rights, January 1999). See also
Common Country Assessment, prepared by the UN agencies in São Tomé and Principe, UN House in
São Tomé and Principe [hereinafter Common Country Assessment], at http://www.educationplanet.com/
search/redirect?id’62903&mfcount’9&mfkw’sao_tome_and_principe&startval’0 on 11/30/01.
2217
Common Country Assessment.
2218
Ibid.
2219
Country Reports 2000 at Section 6d.
2220
Ibid.
2221
Ibid.
2222
ILO, ILOLEX database on International Labour Standards, São Tomé and Principe, at http://
www.ilolex.ilo.ch:1567/english/iloquery.htm on 11/27/01.
NOTE: Hard copies of all Web citations are on file.
303
Senegal
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Senegal has been a member of ILO-IPEC since 1997. The ILO-IPEC
program in Senegal is designed to enhance the country’s ability to design and implement policies
aimed at preventing child labor and eliminating the worst forms of child labor. Working primarily
with child domestic workers, apprentices, independent workers, and rural working children, the
program has implemented activities designed to remove these children from the work force and
place them into schools or training programs that will enable them to attain better paying jobs upon
graduation.2223 ILO-IPEC is also working with the Government of Senegal to revise the child labor
laws so that they are compatible with international standards and to provide education about child
labor to employers, teachers, and students.2224 The Government of Senegal is planning to conduct a
national child labor survey in 2004 with technical assistance from ILO-IPEC’s SIMPOC.2225
Senegal’s Ten Year Education and Training Program (PDEF) 1999-2008, supported by the
World Bank, is designed to achieve universal enrollment in primary education, reform technical
and vocational training, and work more closely with the private sector.2226 The PDEF plan calls for
Senegal to achieve a primary enrollment rate of 70 percent by 2000 and 75 percent in 2001 and to
attain universal enrollment by 2008.2227 It also seeks to increase enrollment rates of girls and to
improve the quality of teaching.2228 USAID is also helping Senegal develop programs that increase
the access of girls and young women to education, improve retention rates of girls in primary
schools, and improve non-formal and vocational education for girls and women.2229
2223
U.S. Embassy-Dakar, unclassified telegram no. 3552, August 2000 [hereinafter unclassified telegram
no. 3552].
2224
Ibid.
2225
SIMPOC Countries, electronic correspondence from ILO-IPEC to USDOL official, January 18, 2001
[document on file]. See also ILO-IPEC, Child Labor Statistics: SIMPOC Countries, at http://www.ilo.org/
public/english/standards/ipec/simpoc/countries.htm on 1/29/02.
2226
Government of Senegal, Senegal: Enhanced Structural Adjustment Facility Economic and Financial
Policy Framework Paper: 1999-2001, prepared in consultation with the International Monetary Fund and
World Bank, June 4, 1999.
2227
Ibid.
2228
Ibid.
2229
USAID, USAID Assistance to Senegal, fact sheet, Washington, D.C., at http://www.usaid.gov/press/
releases/2001/01fs_senegal.html on 10/16/01.
304
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 28.11 percent of children between the ages of 10 and 14 in
Senegal were working.2230 They work mainly on family farms, as domestic servants, as street
vendors, and in small businesses.2231 Some children are also involved in prostitution.2232
Education is compulsory up to the age of 12.2233 In 1997, the gross primary enrollment rate
was 71.3 percent and the net primary enrollment rate was 60.4 percent.2234 Primary school atten-
dance rates are unavailable for Senegal. While enrollment rates indicate a level of commitment to
education, they do not always reflect children’s participation in school.2235 The majority of girls
leave school before third grade and a large majority of women are illiterate.2236 Dropout rates are
high, facilities are poor, and the number of learning hours per pupil has declined by 12 percent in
recent years.2237 Senegal does not have an adequate number of school facilities, as 36 percent of
children attend schools offering less than five grades.2238 Other problems are a high student-teacher
ratio and large disparities in enrollment between urban and rural areas.2239
2230
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
2231
Many girls, some as young as 8, work as domestic servants and work 7 days per week, 12 hours per
day. See unclassified telegram 3552. See also Country Reports on Human Rights Practices for 2000—
Senegal (Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section
6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’737, and Child Labor, “Italy Comes to
the Rescue of Senegalese Children,” newsletter archives, July-December 2000 [hereinafter “Italy Comes
to the Rescue”], at http://www.childlabor.org/archives.html on 10/15/01.
2232
“Italy Comes to the Rescue.”
2233
Country Reports 2000 at Section 5.
2234
World Development Indicators 2001.
2235
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2236
USAID, Budget Justification for FY 2002, Senegal: Activity Data Sheet, at http://www.usaid.gov/
country/afr/sn/685-008.html on 10/16/01.
2237
World Bank, “Senegal: Quality Education for All,” Project Information Document, Report No.
PID8013, July 31, 1999 [hereinafter “Senegal: Quality Education for All”], at /PDF/multi_page.pdf” http:/
/www-wds.worldbank.org/servlet/WDSContentServer/WDSP/IB/1999/08/18/
000094946_99081506041883/Rendered /PDF/multi_page.pdf on 12/13/01.
2238
World Bank, Project Appraisal Document on a Proposed Credit in the Amount of SDR 36.7 Million to
the Republic of Senegal for a Quality Education for All Program in Support of the First Phase of the Ten-
Year Education and Training Program, March 20, 2000, 5.
2239
“Senegal: Quality Education for All.”
305
Child Labor Laws and Enforcement
The minimum age for employment as an apprentice is 16 years of age and 18 for all other
types of work.2240 The Ministry of Labor has responsibility for the enforcement of child labor laws
and monitors and enforces the restrictions in the formal sector.2241 However, the law is not en-
forced in the informal sector, where all of Senegal’s working children are frequently employed.2242
Senegal’s constitution prohibits forced and bonded labor.2243 Senegal ratified ILO Convention 138
on December 15, 1999 and Convention 182 on June 1, 2000.2244
2240
Country Reports 2000.
2241
Ibid.
2242
Country Reports 2000. See also unclassified telegram 3552.
2243
Country Reports 2000.
2244
Unclassified telegram 3552.
NOTE: Hard copies of all Web citations are on file
306
Seychelles
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Statistics on the number of working children under the age of 15 in Seychelles are unavail-
able, and information is not available on the incidence and nature of child labor.
The Education Act provides for free and compulsory education through the secondary
level until age 18.2248 Education is compulsory for 10 years, from 6 to 16 years of age.2249 In 1999,
the gross primary enrollment rate was 100.8 percent and the net primary enrollment rate was 99.9
percent.2250 Primary school attendance rates are unavailable for Seychelles. While enrollment rates
2245
Government of Seychelles, Ministry of Social Affairs and Manpower Development, “Seychelles:
Putting Children First,” African Newsletter on Occupational Health and Safety, vol. 10, no. 2 (August),
2000 [hereinafter “Putting Children First”].
2246
Country Reports on Human Rights Practices for 2000—Seychelles (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/750.htm.
2247
Ibid.
2248
“Putting Children First.” See also Country Reports 2000 at 5.
2249
UNESCO, Institute for Statistics, “National Education Systems,” at http://unescostat.unesco.org/en/
stats/ stats0.htm.
2250
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
307
indicate a level of commitment to education, they do not always reflect children’s partici-
pation in school.2251 It is a punishable offense to allow children to be truant or to keep children out
of school.2252 Girls, however, are not allowed to attend school when they are pregnant, and many
girls do not return to school after giving birth.2253
The Constitution sets the minimum age for work at 15. Children under the age of 15 may
perform light work on a part-time basis as long as it is not detrimental to their health, morals, or
education.2254 The Constitution also provides for a higher minimum age of employment for occupa-
tions that are dangerous, unhealthy, or likely to impair the normal development of a child.2255
Forced or compulsory labor is prohibited under the Constitution.2256
The Ministry of Employment and Social Affairs is responsible for enforcing child labor
laws through inspections and investigating abuses of child labor.2257 Seychelles ratified ILO
Convention 138 on March 7, 2000, and was the first country to ratify ILO Convention 182 on
September 28, 1999.2258
2251
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2252
“Putting Children First.”
2253
Country Reports 2000 at 5.
2254
Constitution of the Republic of Seychelles, Chapter 3, Article 31(a).
2255
Ibid.
2256
Ibid.
2257
Country Reports 2000 at 6d.
2258
ILO, ILOLEX database, International Labour Standards, at http://ilolex.ilo.ch:1567/english/index.htm
on 11/29/01.
NOTE: Hard copies of all Web citations are on file
308
Sierra Leone
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Sierra Leone has started a program to introduce universal free primary
education (classes 1 to 6) in all government-owned and government-assisted schools and is receiv-
ing assistance for the program from the World Bank and other donors.2259 UNICEF is engaged in
projects to renovate schools, distribute teaching material, and provide equipment for schools.2260
In 2000, UNICEF estimated that 71.6 percent of children between ages 5 and 14 in Sierra
Leone were working.2261 The same survey estimated that 2 percent of children between ages 5 and
14 perform paid work, while 48 percent of children in Sierra Leone perform unpaid work for
someone other than a household member.2262 Teenage prostitution has reportedly become a
significant problem because of migration from rural areas to Freetown during the civil war.2263
Other children in Sierra Leone work on a seasonal basis on family subsistence farms, in family
businesses, and as petty vendors.2264
Rebel forces of the Revolutionary United Front (RUF) and other military groups have
forced children into their ranks, where they have served as porters, soldiers, sexual slaves, or have
been forced to dig for diamonds in mines.2265 In 2000 the ILO estimated that 5,400 children served
2259
International Monetary Fund and International Development Association, Sierra Leone: Joint Staff
Assessment and the Interim Poverty Reduction Strategy Paper, July 16, 2001, at http://www.imf.org/
external/np/jsa/2001/sle/eng/071601.pdf on 10/18/01.
2260
Integrated Regional Information Networks, Sierra Leone: Army Recruits Trained in Child Protection,
November 3, 2000.
2261
Multiple Indicator Cluster Survey 2 (MICS2), “Understanding Children’s Work,” Sierra Leone, 2000.
2262
Most of this is domestic work such as cooking, shopping, cleaning, washing clothes, getting water,
and caring for children. See Government of Sierra Leone, Ministry of Development and Economic
Planning, Central Statistics Office, The Status of Women and Children in Sierra Leone: A Household
Survey Report, MICS2, Final Report, November 2000, 61.
2263
Swedish International Development Agency, Looking Back, Thinking Forward: The Fourth Report on
the Implementation of the Agenda for Action Adopted at the First World Congress against Commercial
Sexual Exploitation of Children in Stockholm, Sweden, on 28 August 1996, 1999-2000, at http://
www.ecpat.net/Blueboo2000/index.html on 10/28/01.
2264
Country Reports on Human Rights Practices for 2000—Sierra Leone (Washington, D.C.: U.S.
Department of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/
rls/hrrpt/2000/af/index.cfm?docid’755.
2265
Country Reports 2000 at Section 6c, Child Soldiers Global Report, Republic of Sierra Leone, at http://
www.state.gov/g/drl/rls/hrrpt/2000/af/index.cfm?docid’755. See also Douglas Farah, “Rebels in Sierra
Leone Mine Diamonds in Defiance of UN Captured Children and Conscripts Used as Laborers,” Washing-
ton Post, August 19, 2001, p. A1.
309
as soldiers.2266 Child soldiers forced into military service by the RUF were given cocaine
and amphetamines; were armed with pistols, rifles, and machetes; and were forced to engage in
combat, massacres, and other acts of brutality.2267 In May 2001, following reconciliation talks
between the Government and the RUF, the RUF began to release child soldiers.2268
The law requires mandatory primary school education, but a shortage of schools and
teachers has made implementation impossible.2269 According to the International Monetary Fund,
the civil war resulted in the destruction of 1,270 primary schools, and 67 percent of all school-age
children are currently out of school.2270
Sierra Leone sets the minimum age for employment at age 18, although children between
the ages of 12 and 18 may be employed in some non-hazardous occupations with the consent of
their parents. The law is not enforced in practice, as there is no government agency charged with
enforcement.2271 The Constitution prohibits forced and bonded labor, including that performed by
children; however, under the Chiefdom’s Council Act, individual chiefs may impose compulsory
labor and may require village members to work to improve common areas. This practice exists
only in rural areas.2272 Sierra Leone has not ratified ILO Convention No. 138 on the Minimum Age
for Employment or ILO Convention No. 182 on the Worst Forms of Child Labor.2273
2266
ILO, Sierra Leone: The Terrible Price of Poverty and Unemployment, World of Work, no. 33
(February), 2000 [hereinafter The Terrible Price of Poverty and Unemployment], at http://www.ilo.org/
public/english/bureau/inf/magazine/33/sleone.htm on 10/17/01. Human rights groups estimate that 4,500
to 10,000 children under 16 years of age were forcibly abducted into military service during the war. See
Douglas Farah, “Children Forced to Kill,” Washington Post, April 10, 2000 [hereinafter “Children
Forced to Kill”].
2267
“Children Forced to Kill.”
2268
UNICEF, “UNICEF Encouraged by the Release Today of 150 Child Soldiers in Sierra Leone,” press
release, Freetown, New York, June 4, 2001, at http://www.unicef.org/newsline/01prjune4cs.htm on 10/
17/01. During 2001, armed groups released more than 3,800 child soldiers and camp followers. Accord-
ing to UNICEF, as of October 2001, approximately 1,500 children reported as missing during the war
had yet to be located. See Electronic correspondence, U.S. Department of State Official, Eric Barboriak,
to U.S. Department of Labor Official, April 22, 2002.
2269
Country Reports 2000 at Section 5.
2270
Enrollment and attendance rates for Sierra Leone are unavailable. See Republic of Sierra Leone,
Interim Poverty Reduction Strategy Paper, Freetown, June 2001, 18-19, at http://www.imf.org/external/
np/prsp/2001/sle/01/063101.pdf on 10/18/01.
2271
Country Reports 2000 at Section 6d.
2272
Ibid. at Section 6c.
2273
ILOLEX database: Sierra Leone at http://ilolex.ilo.ch:1567/english/.
310
Slovak Republic
Government Programs and Policies to Eliminate the Worst Forms of Child Labor
The Slovak Republic established a Commission on the Rights of the Child and created
departments within its Ministries of Education and Social Affairs to protect children’s rights.2274 In
collaboration with UNESCO, the government has developed an Education for All Plan,2275 spon-
sored a media campaign to encourage school attendance, and developed a pre-school program to
teach Roma children the Slovak language.2276
Statistics on the number of working children under the age of 15 in the Slovak Republic
are unavailable.2277 Some children from Ukraine, Iraq, Afghanistan, Lebanon, and Turkey are
known to be trafficked through the Slovak Republic into Germany for purposes of prostitution.2278
Education is free and compulsory for nine years or until the age of 15.2279 In 1996, the
gross primary enrollment rate was 101.8 percent.2280 Primary school attendance rates are unavail-
able for the Slovak Republic. While enrollment rates indicate a level of commitment to education,
they do not always reflect children’s participation in school.2281 Although official statistics are
unavailable, it is believed that fewer Roma than Slovak children attend primary school.2282 Roma
children are also disproportionately placed in special schools for the mentally retarded, often
because they lack sufficient knowledge of the Slovak language.2283
2274
U.S. Embassy-Bratislava, unclassified telegram no. 2752, September 2001 [hereinafter unclassified
telegram 2752].
2275
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports—Slovakia, at http://
www2unesco.org/wef/countryreports/slovakia/rapport-1html.
2276
Unclassified telegram 2752.
2277
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
2278
Human Rights Report—Slovakia, Protection Project Database [hereinafter Human Rights Report—
Slovakia], at http://www.protectionproject.org, on 2/20/02.
2279
County Reports on Human Rights Practices for 2000—Slovak Republic (U.S. Department of State:
Washington, D.C., 2001) [hereinafter County Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/
hrrpt/2000/eur/index.cfm?docid’868.
2280
World Development Indicators 2001.
2281
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2282
Unclassified telegram 2752.
2283
The Roma constitute the second largest ethnic minority in the Slovak Republic. See County Reports
2000 at 5.
311
Child Labor Laws and Enforcement
The Labor Code sets the minimum age for employment at 15 years. Children under the age
of 15 may perform light work in cultural or artistic performances, sports events, and advertising
activities as long as the work does not affect their health, safety, further development or full-time
schooling. Permission to work in these areas must be obtained from the labor inspectorate with the
agreement of a health protection body.2284 Children under the age of 16 may not work underground
or perform work that is inappropriate for their age or is detrimental to their health.2285 Children
under 16 may not work more than 30 hours per week, and children over age 16 are limited to 37.5
hours per week.2286
Articles 204 and 246 of the Criminal Code prohibit the sale and trafficking of women, and
these crimes can be penalized more severely when the victim is under the age of 18. Under Article
204, a person convicted of selling a child under the age of 15 for the purpose of prostitution can
receive a penalty of 12 years imprisonment.2287 Article 18 of the Constitution prohibits forced
labor.2288
The inspection section of the Ministry of Labor enforces the country’s child labor laws.2289
Child labor complaints are first received and investigated by the Ministry’s district inspection
units. If a violation of a child labor law is found to have occurred, the case is turned over to the
national inspection unit. The government provides specific training to its inspectors on child labor
laws and has published and distributed fliers explaining child labor laws and dangers and risks
involved in employing minors.2290
The Slovak Republic ratified ILO Convention 138 on September 29, 1997, and ILO
Convention 182 on December 20, 1999.2291
2284
Government of the Slovak Republic, Labor Code Act, Part 1, Article 11, 2001, at http://
www.employment.gov.sk/en/international_relations/labour_code_311_2001.html.
2285
Ibid. at Part 7, Article 175.
2286
Ibid. at Part 3, Article 85.
2287
Article 205 of the Criminal Code prohibits the distribution, production, presentation, and transmission
of indecent material, including pornographic material that depicts sexual intercourse with a child under
the age of 15. See Human Rights Report—Slovakia.
2288
Constitution of the Slovak Republic, Article 18, 1992.
2289
Unclassified telegram 2752.
2290
Ibid.
2291
ILO, ILOLEX database, “Ratifications of ILO Conventions,” at http://www.ilolex.ilo.ch: 1567/
English.
NOTE: Hard copies of all Web citations are on file.
312
Solomon Islands
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Solomon Islands 1997 Draft National Education Master Plan for 1999-2010 includes
provisions to increase primary education enrollment and to increase the number of teachers over
the same period.2292
In 1999, the ILO estimated that 25.1 percent of children in the Solomon Islands between
the ages of 10 and 14 were working.2293 Children under the age of 15, some as young as 11,
reportedly work as prostitutes.2294 In the conflict between the dominant Malatians and the
Guadalcanalese, the militant Guadalcanalese Isatabu Freedom Movement (IFM) has reportedly
included about 100 child soldiers ages 12 to 17 in its ranks. According to Amnesty International,
children between 12 and 17 made up at least a quarter of the IFM fighters manning roadblocks
visited by its observers east of the town of Honiara in September 1999.2295
Education in the Solomon Islands is not compulsory and only 60 per cent of school-age
children have access to primary education.2296 From 1990 to 1994, the gross primary school
enrollment rose from 84.5 percent to 96.6 percent.2297 Primary school attendance rates are unavail-
able for the Solomon Islands. While enrollment rates indicate a level of commitment to education,
they do not always reflect children’s participation in school.2298 Efforts and plans made by the
2292
UNESCO, The Education for All (EFA) Assessment 2000: Country Report—Solomon Islands [hereinaf-
ter EFA 2000], at http://www2.unesco.org/wef/countryreports/solomon_islands/rapport_1.html on 11/27/01.
2293
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001] [CD-ROM].
2294
PACNEWS/SIBC, “Pre-Teens Involved in Solomon Islands Prostitution,” January 20, 1999, reprinted in
Pacific Islands Report, cited in Global March Against Child Labor, “Worst Forms of Child Labor Data:
Solomon Islands,” at http://www.globalmarch.org/worstformsreport/world/solomon-islands.htm on 11/27/01.
2295
Amnesty International, Solomon Islands: A Forgotten Conflict, September 2000, AI-index: ASA 43/
005/2000, July 9, 2000, at http://web.amnesty.org/ai.nsf/Index/
ASA430052000?OpenDocument&of’COUNTRIES\SOLOMON+ISLANDS on 11/27/01, p. 3.
2296
UN Committee on Economic, Social and Cultural Rights, Review of the Implementation of CERD:
Solomon Islands, 5/14/99, E/C.12/1/Add.33,( Concluding Observations/Comments) [hereinafter Review of
the Implementation of CERD: Solomon Islands], at
http://www.unhchr.ch/tbs/doc.nsf/(symbol)/E.C.12.1.Add.33.En?opendocument on 11/27/01.
2297
World Development Indicators 2001.
2298
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
313
Department of Education and Human Resource Development to expand educational
facilities and increase enrollment have been hindered by a lack of government funding, misguided
teacher training programs, poor coordination of programs, and a failure of the government to pay
teachers.2299 The percentage of the government’s budget allocated to education was 9.7 percent in
1998, down from 13.2 percent in 1990.2300
Children under the age of 12 are prohibited from heavy work, but they may participate in
light agricultural or domestic labor (work performed in the company of their parents).2301 Children
under the age of 15 are prohibited from working in industry or on ships, and children under the age
of 18 may not work underground or in mines.2302 The Constitution prohibits forced labor, including
forced and bonded labor by children.2303 The Labor Division of the Ministry of Commerce, Trade,
and Industry is responsible for enforcing child labor laws.2304 The Solomon Islands has not ratified
ILO Convention 138 or ILO Convention 182.2305
2299
Ibid.
2300
EFA 2000.
2301
Review of the Implementation of CERD: Solomon Islands. See also Country Reports on Human Rights
Practices for 2000—Solomon Islands (Washington, D.C.: U.S. Department of State, 2001) [hereinafter
Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/eap/index.cfm?docid’772.
2302
Review of the Implementation of CERD: Solomon Islands.
2303
Country Reports 2000 at Section 6c. See also Review of the Implementation of CERD: Solomon
Islands.
2304
Country Reports 2000 at Section 6d.
2305
ILO, ILOLEX database: Solomon Islands, at http://www.ilolex.ilo.org.
NOTE: Hard copies of all Web citations are on file.
314
Somalia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Since 1996, the international effort towards education in Somalia has been coordinated by
the Education Sectoral Committee of the Somalia Aid Coordination Body.2306 UNICEF has
provided assistance to more than 600 schools under its Basic Education Program by furnishing
textbooks and school supplies, developing school curricula, and training teachers.2307 The United
Nations High Commissioner for Refugees, UNESCO, and various. international NGOs also have
given aid.2308 In 1999, the Somaliland authority drafted guidelines for its “national” education
policy.2309
In 1999, UNICEF estimated that 42 percent of children between the ages of 5 and 14 were
working in Somalia.2310 Children are engaged in herding, agriculture, and domestic labor.311 In
addition, children under age 15 have been recruited by the militias, with boys as young as 10 years
old serving as bodyguards for faction leaders.2312 There also are reports of Somalian children being
trafficked for the purpose of forced labor.2313
2306
Eighty-nine percent of schools in the northwest and 83 percent in the northeast charge fees. In the
central-south, only 41 percent of schools require the payment of fees. See UNESCO, The Education for
All (EFA) 2000 Assessment: Country Reports–Somalia, [hereinafter EFA 2000], at http://
www2.unesco.org/wef/countryreports/somalia/rapport_2.html.
2307
UNICEF, “Somalia: Country Programme,” Overview, at http://www.unicef.org/somalia/programme/
98-99/activeed.html.
2308
EFA 2000.
2309
Country Reports on Human Rights Practices for 2000—Somalia (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/
hrrpt/2000/af/index.cfm?docid’780&CFNoCache’TRUE&pri.
2310
Multiple Indicator Cluster Survey 2 (MICS2) [hereinafter MICS2] at http://www.ucw-project.org.
See also “Somalia: List of Tables” [hereinafter “List of Tables”] at http://www.childinfo.org/MICS2/
natlMICSrepz/Somalia/TablesFinal150101.pdf.
2311
Country Reports 2000.
2312
Ibid. at Section 6d.
2313
Ibid. at Section 6c.
315
Primary education is compulsory between the ages of 6 and 14.2314 The Transitional
National Charter guarantees a free basic education up to secondary school;2315 however, 62 percent
of schools in Somalia require families to pay fees, which average out to USD 15.60 per year for
each child.2316 In addition, schools lack textbooks, as well as running water.2317 In 2000, the gross
primary enrollment rate was 9 percent, with 11.8 percent for boys and 6.3 percent for girls.2318 In
1999, 58.4 percent of primary school-age children attended school, and 72.5 percent of children
who had entered first grade actually reached the fifth grade.2319
Somalia has been without a national government since 1991 and has no means for enforc-
ing labor laws.2320 Somalia has not ratified ILO Convention 138 or ILO Convention 182.2321
2314
UNESCO, Somalia—Education System, at http://www.unesco.org/iau/cd-data/so.rtf on 3/120/02.
2315
Transitional National Charter, Article 14, Section 3, at http://somaligov.com/axdi/axdi2.doc.
2316
EFA 2000.
2317
Country Reports 2000 at Section 5.
2318
The enrollment figures came from responses to questionnaires for UNICEF’s 1998-99 school survey
data. In this study UNESCO defines a primary school as one for children ages 6 to 14. See EFA 2000.
2319
The MICS2 study looked at children ages 5 and older in regard to education. According to UNICEF,
77 percent of children in the central-south of Somalia who entered grade 1 reached grade 5 as did 74
percent in the northeast and 80 percent in the northwest. See “List of Tables@ and MICS2.
2320
Country Reports 2000.
2321
ILOLEX database: Somalia at http://iloles.ilo.ch:1567.
NOTE: Hard copies of all Web citations are on file.
316
South Africa
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of South Africa has been a member of ILO-IPEC since 1998.2322 In 1996,
in response to a request from the South African Department of Labor (SADOL), ILO-IPEC began
a program supporting SADOL and Statistics South Africa with funding from USDOL to imple-
ment a comprehensive national survey on the nature and extent of child labor in South Africa.2323
In 1999, the survey was conducted with technical assistance from ILO-IPEC’s SIMPOC.2324
USDOL is also funding a national program to eliminate child labor in South Africa.2325
In 1997, the government established a national stakeholders forum, the Child Labor
Intersectoral Group (CLIG), which coordinates and monitors services provided by the government
and NGOs, raises awareness about child labor and the enforcement of child labor laws, and trains
labor inspectors.2326 The CLIG adopted the South African Child Labor Action Program, which was
developed in February 1998 and calls for the withdrawal of children from child labor and their
integration into formal education.2327 Other ministries and NGOs have taken an active role in child
labor initiatives as well.2328 The Department of Welfare is a member of the CLIG and administers
2322
See Implementation of the Convention on the Rights of the Child: South Africa’s Supplement to the
Initial Country Report (Pretoria: Office of the President, 2000) [hereinafter Implementation of the Con-
vention], 56.
2323
U.S. Embassy–Johannesburg, unclassified telegram no. 655, June 2000 [hereinafter unclassified
telegram 0655].
2324
Statistics South Africa, Child Labor in South Africa: Surveys of Activities of Young People 1999
(Draft), tables [hereinafter Surveys of Activities of Young People 1999], at http://www.ilo.org/public/
english/standards/ipec/simpoc/southafrica/report/index.htm on 12/18/01.
2325
ILO-IPEC Programme, National Program to Eliminate Child Labor in South Africa, project document
(Geneva: ILO, 2000).
2326
Before and after promulgating the BCEA, the government coordinated ad hoc meetings with stake-
holders involved in child labor issues. The CLIG formally developed from these ad hoc meetings. SADOL
convenes the CLIG, and there are 10 CLIG offices located in the provinces. See Implementation of the
Convention, 56. See also Network Against Child Labor, Documents to be Discussed at the Meeting of 17
January 2000 (Johannesburg: Department of Social Services and Population Development, 2000) [herein-
after Network Against Child Labor], and Fatima Bhyat, Director of Minimum Standards, South Africa
Department of Labor, interview with USDOL official, July 26, 2000 [hereinafter Bhyat interview].
2327
“Background Section” in Network Against Child Labor. See also unclassified telegram 655 and Bhyat
interview.
2328
The government has developed a close working relationship with several NGOs to address the
problem of child labor. The Network Against Child Labor (NACL) is made up of about 50 member
organizations and was established to feed into structures set up by the CLIG. The aim of the NACL is to
end the economic exploitation of children through their labor by awareness raising, advocacy,
policymaking, research, networking, and legal and intersectoral interventions. Other NGOs work with
specialized child protection units of the police to remove children from the streets and provide them with
a safe, nonexploitative environment. See “Network Against Child Labour (NACL): Background” in
Network Against Child Labor. See also unclassified telegram 655.
317
social safety net programs that help prevent children from entering the workforce.2329 The
Minister of Welfare also set up a task force to develop a plan of action against the sexual exploita-
tion of children,2330 and the Government of South Africa created training for the police and judi-
ciary on the commercial sexual exploitation of children.2331
Since the transition to a democratically elected government in 1994, South Africa has
engaged in fundamental reforms designed to increase access to and the quality of education by
reforming expenditure patterns and reallocating funds to poorer provinces and to predominantly
black schools.2332 The National Curriculum 2005 Framework helps to bridge the gap in educational
opportunities between privileged and underprivileged children by providing learning support
materials to schools in a more equitable fashion, and by standardizing the content of training
courses for teachers in all districts.2333
In 1999, a child labor survey conducted by the South Africa Statistical Agency, in coop-
eration with ILO-IPEC, estimated that 36 percent of children between the ages of 5 and 17 in
South Africa were working.2334 Child labor occurs most often in the rural agricultural sector and
the informal economy. Children work in commercial agriculture and on subsistence farms,2335 as
2329
“Submission to the Departmental Committee on Developmental Social Services” in Network Against
Child Labor at 3.
2330
Unclassified telegram 655.
2331
Country Reports on Human Rights Practices for 2000—South Africa (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/af/index.cfm?docid’788.
2332
In 1998, the government announced new funding norms to further these goals. The new procedures
require education departments to direct 60 percent of their non-personnel and non-capital recurrent
expenditures toward the most deprived 40 percent of schools in their provinces. From 1991 to 1996, the
government increased its expenditures on education by 89 percent. After 1996, government expenditures
on education continued to increase but at a much lower rate. In 1995-1996, the total expenditure on
education was 21.7 percent of the total government budget and 6.7 percent of GDP. The estimated total
expenditure in 1999-2000 was 21.3 percent of the total government budget and 6.6 percent of GDP. See
Government of South Africa, Department of Education, Education for All: The South African Assessment
Report (Pretoria, 2000) [hereinafter The South African Assessment Report], 26, 27, 32. See also Country
Reports 2000 at Section 5.
2333
Implementation of the Convention at 45.
2334
This statistic includes children who work at least 3 hours per week in economic activities (gathering
wood and/or water; performing unpaid domestic work; or performing economic activities for pay, profit,
or family gain), 5 hours per week in school labor (performing school maintenance, cleaning, or perform-
ing school improvement activities), and 7 hours for household chores (working in the family home where
the child’s parent, grandparent, or spouse is present). See “Key Findings: The definitions and extent of
child labor” in Surveys of Activities of Young People 1999.
2335
Unclassified telegram 655.
318
well as on small farms planting and harvesting vegetables, picking and packing fruit, and cutting
flowers.2336 Children are also found working as domestic servants in rural areas, especially on
farms. Many of these children come from migrant populations.2337 In urban areas, children work as
street hawkers, especially around taxi stands and where public transportation is used.2338 There are
reports that commercial sexual exploitation of children is growing. As South Africa becomes an
increasingly popular tourist destination, cities like Cape Town and Durban are becoming destina-
tions for tourists seeking sex with minors.2339 South Africa is a destination country for trafficking
in children for the purposes of prostitution.2340
The Constitution states that every person has a right to basic education.2341 The South
African Schools Act of 1996 asserts that everyone has a right to access basic and quality education
and may not be discriminated against on the basis of race. The Act makes school compulsory for
children between the ages of 7 and 15, or a total of nine years,2342 and prohibits public schools
from refusing admission to any child on the grounds that the parent is unable to pay or has not paid
school fees.2343 The National Education Policy Act of 1996 also prohibits schools from denying
admission or discriminating against a student for not paying school fees.2344 There are additional
costs, however, such as for transportation and school uniforms that prevent many children from
2336
Ibid.
2337
Ibid.
2338
Ibid.
2339
Child prostitutes are particularly sought after because they are believed to be free of disease or
because of the belief that having sex with a virgin cures diseases such as HIV/AIDS. Children are also
allegedly exploited sexually in return for the liquidation of family debts or to raise income for the family.
See Swedish International Development Agency, Looking Back, Thinking Forward: The Fourth Report on
the Implementation of the Agenda for Action Adopted at the First World Congress against Commercial
Sexual Exploitation of Children in Stockholm, Sweden, on 28 August 1996: 1999-2000 (Bangkok: ECPAT
International, 2000) [hereinafter Looking Back, Thinking Forward], Section 3.4. See also Country Reports
2000 at Sections 5, 6c, and South Africa National Council for Child and Family Welfare, Report on the
Commercial Sexual Exploitation of Children in South Africa, June 9, 2000, 11.
2340
Country Reports 2001 at Section 6f.
2341
From 1948 until the abolition of apartheid and resulting change in government policy (including the
passage of a new Constitution), a succession of apartheid-driven policies resulted in social inequalities
along racial lines, and black South Africans particularly were deprived of opportunities to access basic
social services, including education. See Government of the Republic of South Africa, Constitution of the
Republic of South Africa, Act 200 of 1993 [hereinafter Constitution of the Republic of South Africa],
Section 29(1)(a), January 25, 1994. See also The South African Assessment Report at 6-10.
2342
Government of the Republic of South Africa, South African Schools Act 84 of 1996, Section 3(1),
November 6, 1996.
2343
Ibid. at Section 5(3)(a).
2344
Many schools continue to face significant infrastructure and other problems that have a negative
impact on the quality of education. See Government Gazette 19377, “Admission Policy for Ordinary
Public Schools,” National Education Policy Act 27 of 1996, as promulgated by General Notice 2432 of
October 19, 1998, Section 10.
319
attending school.2345 In 1997, the gross primary school enrollment rate was 96.5 percent,
and the net primary enrollment rate was 87.1 percent.2346 The gross enrollment rate was higher for
boys (98.3 percent) than for girls (86.3 percent), and the net enrollment rate was relatively equal
between boys and girls (87.9 percent and 86.3 percent, respectively). 2347 Primary school atten-
dance rates are unavailable for South Africa. While enrollment rates indicate a level of commit-
ment to education, they do not always reflect children’s participation in school.2348
The BCEA sets the minimum age of work at 15 years.2349 For children over age 15 and no
longer subject to compulsory schooling, the BCEA allows for the Minister of Labor to set addi-
tional prohibitions or conditions on their employment.2350 It also prohibits people from employing
a child in work that is “inappropriate” for the child’s age or that places at risk the child’s well-
being; education, physical, or mental health; or spiritual, moral, or social development.2351 The
Constitution and the BCEA prohibit all forms of forced labor.2352 The Constitution provides that
every child, defined as a person under 18 years of age, has the right to be protected from exploit-
ative labor practices. It also protects children from performing work or providing services that are
inappropriate for that child’s age or risk the child’s well-being. Additionally, it prohibits the use of
children under the age of 18 in armed conflicts.2353 The Child Care Act and the South Africa
Schools Act make it an offence to prevent a child under 15 years of age from attending school in
order to work, and both may be used to enforce minimum age laws among children who are
engaged in employment in the informal sector.2354
2345
U.S. Embassy–Johannesburg, unclassified telegram no. 1245, October 2001 [hereinafter unclassified
telegram 1245].
2346
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2347
Ibid.
2348
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2349
Republic of South Africa, Basic Conditions of Employment Act, Act No. 75 (Cape Town: Creda
Communications for the Government Printer, December 1997) [hereinafter Basic Conditions of Employ-
ment Act], Sections 43(1)(a)(b), 43(3), 44(2), 93.
2350
Ibid. at Section 44(1).
2351
Ibid. at Section 43(2)(a)(b).
2352
In general, the BCEA does not apply to informal work unless it constitutes forced labor. See Ibid. at
Section 48. See also Constitution of the Republic of South Africa at Section 13.
2353
Constitution of the Republic of South Africa at Section 28(1)(e)(f)(k).
2354
Government of the Republic of South Africa, Child Care Act 74 of 1983 [hereinafter Child Care Act
74 of 1983], Section 52A(5), June 15, 1983, 12, 14. See also ILO-IPEC, “Green Paper on a National Child
Labour Action Program” (Draft) (Geneva, October 20, 2000).
320
Sexual Offences Act No. 23 of 1957 makes prostitution a criminal offense.2355 However, in
1999, the government passed legislation to amend the Child Care Bill and prohibit the commercial
sexual exploitation of children in a more comprehensive manner than the Sexual Offences Act of
1957.2356 Trafficking is not specifically prohibited by law.2357
The passage of the BCEA made SADOL the primary government entity responsible for
monitoring compliance with and enforcing South Africa’s labor laws, including provisions on child
labor. SADOL effectively enforces the minimum age law in the formal nonagricultural sector but
less effectively in other sectors.2358 The maximum penalty for illegally employing a child, accord-
ing to the BCEA, is three years of imprisonment.2359 Enforcement of laws against child sexual
exploitation appears lax, and there are problems in investigating, charging, and sentencing offend-
ers.2360 South Africa ratified ILO Convention 138 on March 30, 2000, and ILO Convention 182 on
June 7, 2000.2361
2355
Because the Sexual Offences Act No. 23 of 1957 makes prostitution an offense regardless of age,
children who are victims of commercial sexual exploitation can be arrested for prostitution. The approach
of the Office of the National Director of Public Prosecutions, however, is to refer such matters to a
children’s court to determine whether the child is in need of care and to pursue the prosecution of persons
exploiting children. In addition, the South African Law Commission project committee on sexual offenses
is drafting a new Sexual Offences Act, which reportedly recommends a complete prohibition on the
commercial sexual exploitation of children. See Child Care Act 74 of 1983 at 15.
2356
Government of the Republic of South Africa, Child Care Amendment Bill (B 14-99), Section 50A.
2357
U.S. Department of State, Trafficking in Persons Report, July 2001, South Africa [hereinafter
Trafficking in Persons Report], 68.
2358
There are approximately 450 labor inspectors for the entire country. According to an SADOL report,
there have been few child labor cases. See unclassified telegram 1245; Country Reports 2000 at Section
6d; and South Africa Department of Labor, “Integrated Labour Inspection Checklist,” August 2000.
2359
Basic Conditions of Employment Act at Sections 43(1)(a)(b), 43(3), 44(2), 93.
2360
Looking Back, Thinking Forward at Section 3.4.
2361
ILO, ILOLEX database: South Africa, at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 11/19/01.
NOTE: Hard copies of all Web citations are on file.
321
Sri Lanka
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Sri Lanka has been a member of ILO-IPEC since 1996.2362 In 1998,
National Child Protection Authority (NCPA) Act No. 50 was enacted to create an oversight agency
for the protection of children against any form of abuse,2363 and a child labor survey was conducted
in 1999 by the Sri Lanka Department of Census and Statistics with technical assistance from ILO-
IPEC’s SIMPOC.2364 The NCPA is working in consultation with the ILO, UNICEF, Save the
Children UK, and other NGOs to address the problem of child labor. In cooperation with the
Ministry of Labor, the NCPA conducts training programs for judicial, labor, probation, and police
officers to educate authorities dealing with child labor issues.2365 Sri Lanka is part of an ILO-IPEC
sub-regional project funded by USDOL to combat trafficking in South Asia. The government is
also working with ILO-IPEC to identify the worst forms of child labor. A rehabilitation center
established by the NCPA provides vocational training and counseling services to child victims of
trafficking.2366
In 1999, a child activity survey conducted by the Sri Lanka Department of Census and
Statistics, in cooperation with ILO-IPEC, estimated that 15 percent of children between the ages of
5 and 14 were working.2367 According to the survey, the majority of working children appear in the
2362
The ILO-IPEC programs focus on (1) capacity building and research; (2) policy, law, and enforce-
ment; (3) awareness raising; and (4) the direction action for prevention, withdrawal, rehabilitation, and
protection of children from child labor. Government of Sri Lanka, Ministry of Labor, and ILO-IPEC at
http://www.labour.gov.lk/documents/3ilotpec.htm on 10/19/01.
2363
Government of Sri Lanka, Ministry of Labor, National Child Protection Authority Act No. 50 of 1998,
at http://www.labour.gov.lk/documents/10_Chap.htm on 10/18/01.
2364
Government of Sri Lanka, Department of Census and Statistics, “Summary of Findings of Child Labor
Survey in Sri Lanka,” 1999 [hereinafter “Summary of Findings of Child Labor Survey”], at http://
www.ilo.org/public/english/standards/ipec/simpoc/srilanka/report/srilan99/indexpr.htm or http://
www.statistics.gov.lk/Documents/BulletineCH/ChA1.htm on 10/17/01.
2365
Unclassified telegram no. 1719, September 2001 [hereinafter unclassified telegram 1719].
2366
Ibid.
2367
In 1999, the Sri Lankan Department of Census and Statistics, under the Ministry of Finance and
Planning, in collaboration with ILO-IPEC conducted the Child Activity Survey 1999 to measure the extent
of child labor in Sri Lanka. Approximately 7.5 percent (69,064) of the 926,038 working children were in
full-time employment, while an estimated 67.1 percent (621,705) of working children combined work
with school and household activity. See “Summary of Findings of Child Labor Survey.”
322
agricultural sector.2368 Children are also found working in the manufacturing and hotel industries,
and working as craft workers, street peddlers, and domestic servants.2369
The trafficking of children for exploitative work and prostitution are recognized forms of
child labor in Sri Lanka. Children are primarily trafficked internally to work as domestic laborers
or for the purposes of sexual exploitation, especially at tourist destinations.2370 Conscription of
youths under 18 years into the armed forces also occurs in Sri Lanka. Reports indicate that children
have been forcibly recruited to serve as child soldiers by the Liberation Tigers of Tamil Eelam
(LTTE).2371
Gazette No. 1116/5 sets the minimum age for employment in domestic work at 14
years.2375 The Shop and Office Employees Act of 1954 prohibits the employment of children under
the age of 14 in shops and offices.2376 Forced labor is prohibited under the Abolition of Slavery
2368
Sixty-four percent of working children are found in the agricultural sector. Children working in the
agricultural sector include child employees on farms or unpaid child workers helping in family enter-
prises. See “Summary of Findings of Child Labor Survey.”
2369
“Summary of Findings of Child Labor Survey.”
2370
ILO, The ILO-Japan Asian Meeting on the Trafficking of Children for Labour and Sexual Exploita-
tion, Country Report, Sri Lanka (Manila, 2001) [hereinafter ILO-Japan Asian Meeting] [CD-ROM]. See
also U.S. Department of State, Trafficking in Persons Report, July 2001, Sri Lanka [hereinafter Traffick-
ing in Persons Report].
2371
Country Reports on Human Rights Practices for 2000—Sri Lanka (Washington, D.C.: U.S. Depart-
ment of State, 2001), [hereinafter Country Reports for 2000], Section 5, at http://www.state.gov/g/drl/rls/
hrrpt/2000/sa/index.cfm?docid’704. See also Sonia Rosen, Solidarity Center, “Sri Lanka: Recent Reports
on Child Labor Problems Which Violate ILO Convention 182.” See also unclassified telegram 1719.
2372
Government of Sri Lanka, Ministry of Labor, Education Ordinance of 1997, “Compulsory Attendance
of Children at Schools,” Regulation No. 1 of 1997, at http://www.labour.gov.lk/documents/9_1_Chap.htm
on 10/18/01. See also UNESCO, The Education for All 2000 Assessment: Country Reports–Sri Lanka at
http://www2.unesco.org/wef/countryreports/sri_lanka/contents.html on 10/18/01.
2373
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2374
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2375
Embassy-Sri Lanka, submission to USDOL official, September 21, 2000.
2376
Government of Sri Lanka, Ministry of Labor, Shop and Office Employees Act No. 19 of 1954, at http:/
/www.labour.gov.lk/documents/4_4_Chap.htm on 10/18/01.
323
Ordinance of 1844.2377 The Employment of Women, Young Persons, and Children Act
No. 47 of 1956 prohibits work by children that may be injurious, the work of children under the
age of 12 during school hours, and the night work of children under 18 years in industrial set-
tings. 2378 The Code of Criminal Procedure and the Penal Code contain provisions prohibiting
sexual violations against children, particularly with regard to child pornography, child prostitution,
and the trafficking of children.2379 The minimum age for entering the armed forces is 18; however,
parental consent is required if a recruit is under the age of 21.2380
The NCPA is the central agency for coordinating and monitoring action on the protection
of children,2381 but the Department of Labor, the Department of Probation and Child Care Services
and the Police Department are responsible for the enforcement of child labor laws that are under
their respective jurisdictions.2382 In 2000, a total of 194 complaints were filed on child labor
violations, of which seven were prosecuted and 79 were dismissed because of lack of evidence or
faulty grievances. 2383
The Government of Sri Lanka ratified ILO Convention 138 on February 11, 2000, and
ILO Convention 182 on March 1, 2001.2384
2377
Embassy-Sri Lanka, submission to USDOL, November 8, 2001 [hereinafter November 8, 2001,
submission to USDOL]. See also Country Reports for 2000.
2378
Government of Sri Lanka, Ministry of Labor, Employment of Women, Young Persons, and Children Act
No. 47 of 1956, at http://www.labour.gov.lk/documents/4_5_Chap.htm on 10/18/01. Persons in violation of
this act may be subject to fines of up to 1,000 rupees (USD 11), a period of imprisonment not to exceed 6
months, or some combination of both. Special provisions under this act are applied to children working at
sea. Except in the case of family work or apprenticeship programs, children are not allowed to work at sea.
The Children and Young Persons Ordinance of 1956 also has similar provisions that address the employ-
ment of children. For currency conversion, see http://www.carosta.de/frames/convert.htm on 2/7/02.
2379
Penal Code Act No. 22 of 1995 as cited in the Protection Project Database at
www.protectionproject.org. See also Code of Criminal Procedure (Amendment) Act No. 19 of 1997 and
Penal Code (Amendment) Act No. 22 of 1995, as cited in ILO, NATLEX Database, at http://natlex.ilo.org/
Scripts/natlexcgi.exe?lang’E&doc’query&ctry’LKA&llx’12.01.
2380
Electronic correspondence from Theresa Manlowe, U.S. Embassy-Colombia, to U.S. Department of
Labor official (April 11, 2002).
2381
ILO-Japan Asian Meeting. See also unclassified telegram 1719.
2382
November 8, 2001, submission to USDOL.
2383
Unclassified telegram 1719.
2384
ILO, ILOLEX database: Sri Lanka, at http://www.ilolex.ilo.ch.
NOTE: Hard copies of all Web citations are on file.
324
Suriname
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1998, the Government of Suriname conducted a broad survey in order to collect infor-
mation on the extent, nature, conditions, and causes of child labor in Suriname.2385 The
government’s Bureau for Children’s Rights works with UNICEF to address the violation of
children’s rights and to promote educational opportunities.2386
Statistics on the number of working children under the age of 15 in Suriname are unavail-
able. However, reports indicate that children work in agriculture, mining, street vending, family
businesses, gas stations and construction, and prostitution and, in the informal sector, wash cars
and sell newspapers and other items.2387
Child trafficking and sexual exploitation reportedly occur in Suriname. Girls are brought
from the interior of the country to Paramaribo, the capital city, or to gold mining locations to work
as prostitutes.2388 In addition, Suriname is a transit country for smuggling Chinese children to the
United States—in some cases, to enter into bonded labor situations.2389
Under the Compulsory School Attendance Act, children in Suriname must be provided
with the opportunity to attend school between ages 7 and 12.2390 Although most of the costs of
2385
Ambassador Arnold Halfhide, Embassy of the Republic of Suriname, Washington, D.C., letter to
USDOL official, November 29, 2000 [hereinafter Halfhide letter].
2386
U.S. Embassy-Paramaribo, unclassified telegram no. 810, October 2001 [hereinafter unclassified
telegram 810].
2387
ILO, Review of Annual Reports Under the Follow-Up to the ILO Declaration on Fundamental
Principles and Rights at Work: Compilation of Annual Reports by the International Labor Office, Part II,
UN Document No. GB. 277/3/2 (Geneva, 2000), 359. See also unclassified telegram 810 and Halfhide
letter.
2388
The government acknowledges that in recent years child prostitution has become a problem. See
Country Reports on Human Rights Practices for 2000—Suriname (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/
wha/index.cfm?docid’832. See also Halfhide letter.
2389
Country Reports 2000 at Section 6f.
2390
UN Committee on the Rights of the Child, Initial Report of States Parties Dues in 1995: Suriname,
CRC/C/28/Add.11Section III A (Geneva, September 1998).
325
primary schooling are covered by the government, parents must pay school registration
fees and provide school supplies and uniforms, which are barriers to education for poor and large
families.2391 Some school-age children are unable to attend school because they lack transportation,
school facilities, or teachers.2392 In 2000, 77.5 percent of primary school-age children in Suriname
were attending primary school. School attendance in the rural interior, which was 61.2 percent, is
significantly lower than in the rest of the country.2393
The law sets the minimum age for employment of children at 14 years.2394 Under Article
18 of the Labor Act, children who have reached age 12 may work if the work is necessary for
training or is specifically designed for children, does not require much physical or mental exertion,
and is not dangerous.2395 Article 20 of the Labor Act prohibits children from performing night
work or work that is dangerous to their health, life, or morals.2396 The Constitution prohibits forced
labor.2397
The country’s Labor Inspection Unit, in cooperation with the Juvenile Police Division,
enforces child labor laws.2398 Although the government has enacted laws to combat child labor, the
legal provisions for implementation of all child labor laws are not yet in place,2399 and enforcement
remedies are not adequate, partly because there are too few labor inspectors and too small penalties
to deter employers.2400 About 200 labor inspections are conducted in Suriname annually, but only
“warnings” about child labor violations have been issued.2401
The Government of Suriname has not ratified ILO Convention 138 or ILO Convention
182.2402
2391
Unclassified telegram 810.
2392
Country Reports 2000 at Section 5.
2393
Multiple Indicator Cluster Survey 2 (MICS2), Suriname, Final Report (draft), at http://
www.childinfo.org/MICS2/natlMICSrepz/MICSnatrep.htm.
2394
Unclassified telegram 810.
2395
Halfhide letter.
2396
Ibid.
2397
Constitution of Suriname, 1987, with 1992 reforms, Article 15.
2398
Unclassified telegram 810.
2399
According to government sources, the mechanisms for enforcing Articles 18 and 20 are not yet in
place. See Halfhide letter.
2400
Unclassified telegram 810.
2401
Ibid.
2402
ILO, International Labour Standards and Human Rights Department, at http://webfusion.ilo.org/
public/db/standards/normesappl/appl-ratif8conv.cfm?Lang’EN.
NOTE: Hard copies of all Web citations are on file.
326
Swaziland
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1992, Swaziland produced a National Program of Action for the Children of Swaziland,
1993-2000, which addressed most articles of the Convention on the Rights of the Child, including
child labor.2403 The Ministry of Education is also involved in improving the quality of schooling by
assessing the need for new teachers, constructing new schools, and improving the schools currently
in existence.2404
In 1999, UNICEF estimated that 12 percent of children between the ages of 5 and 14 in
Swaziland were working.2405 Children work in agriculture, particularly in the eastern cotton
growing region, domestic service, herding, street work, and prostitution. Street children in the
capital city of Mbabane are subjected to physical and sexual abuse.2406 The trafficking of children
for prostitution is a problem throughout the Southern Africa region. 2407
Education is neither free nor compulsory in Swaziland. The Ministry of Education pays
teacher salaries, while student fees and money raised from the community pay for costs such as
building upkeep and teacher housing.2408 In 1996, the net primary school enrollment rate was 90.8
percent, with gender parity at the primary level.2409 In 1998, 80.5 percent of children reached grade
2403
Government of Swaziland, Ministry of Education, and UNICEF, African Girls Education Initiative:
Baseline Data (Mbabane, 1993), as cited in M. D. McDermott, Common Country Assessment—Swaziland
(Mbabane: Environmental Consulting Services, 1997) [hereinafter Common Country Assessment], at http:/
/www.ecs.co.sz/cca/.
2404
Swaziland Business Yearbook 2001.
2405
UNICEF, Multiple Indicator Cluster Surveys: End of Decade Databases, at http://www.childinfo.org/
eddb/work/database.htm on 12/5/01. According to the ILO, in 1999, 12.6 percent of children between the
ages of 10 and 14 were working. See World Development Indicators 2001 (Washington, D.C.: World
Bank, 2001) [hereinafter World Development Indicators 2001] [CD-ROM].
2406
Country Reports on Human Rights Practices for 2000—Swaziland (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/
hrrpt/2000/af/index.cfm?docid’863. See also Common Country Assessment and Swedish International
Development Agency, Looking Back, Thinking Forward: The Fourth Report on the Implementation of the
Agenda for Action Adopted at the First World Congress against Commercial Sexual Exploitation of
Children in Stockholm, Sweden, on 28 August 1996, 1999-2000 (Bangkok: ECPAT International, 2000)
[hereinafter Looking Back, Thinking Forward], 38.
2407
Looking Back, Thinking Forward at 38.
2408
Country Reports 2000 at Section 5.
2409
World Development Indicators 2001.
327
5.2410 Primary school attendance rates are unavailable for Swaziland. While enrollment
rates indicate a level of commitment to education, they do not always reflect children’s participa-
tion in school.2411 In 1996, 91.3 percent of the teachers were certified to teach according to national
standards, and the pupil to teacher ratio was 33:9. 2412
The Employment Act of 1980 establishes a minimum age of 15 years for employment in
non-hazardous industrial work, although children may begin working in the commercial sector at
13 years of age.2413 Children under the minimum age may be hired in enterprises that employ only
family members and may work at technical schools under the supervision of a teacher or autho-
rized person.2414 Children may not work more than 6 hours a day and 33 hours a week, with
restrictions on night work during the school year. 2415 Employment of children under 18 years is not
permitted in mines, quarries, or underground work or in any sector that is dangerous to their safety,
health, and morals. 2416 The Ministry of Labor is responsible for the enforcement of the Employ-
ment Act and other labor legislation; however, its effectiveness is hampered by a shortage of
personnel. 2417
Article 42 of the Criminal Code of Swaziland makes procuring girls and women for
prostitution punishable by 5 years in prison or a fine of 1000 Rand (USD 89), and conspiracy to
defile a girl or woman is punishable by 2 years in prison or a 600 Rand (USD 54) fine. 2418
Swaziland has not ratified either ILO Convention 138 or ILO Convention 182. 2419
2410
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM] [hereinafter EFA 2000].
2411
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2412
EFA 2000.
2413
ILO, Child Labour: Targeting the Intolerable, Report 6 (1) (Geneva: ILO-IPEC, 1998) [hereinafter
Targeting the Intolerable] at http://www.ilo.org/public/english/comp/child/publ/target/target.pdf. See also
International Confederation of Free Trade Unions, Internationally Recognized Core Labour Standards in
the Five Countries of the Southern African Customs Union, report for the WTO General Council Review
of the Trade Policies of the Five Countries of the Southern African Customs Union, paper presented at the
ILO, Geneva, April 21-23, 1998 [hereinafter Internationally Recognized Core Labour Standards].
2414
Country Reports 2000 at Section 6d. See also Targeting the Intolerable.
2415
Internationally Recognized Core Labour Standards.
2416
Targeting the Intolerable.
2417
Internationally Recognized Core Labour Standards.
2418
The Protection Project: Swaziland at http://www.protectionproject.org/ on 12/7/01. For currency
conversion, see http://www.carosta.de/frames/convert.htm on 1/25/01.
2419
ILO, Table of Ratifications and Information Concerning the Fundamental Conventions of the ILO, at
http://www.ilo.org/public/french/standards/norm/sources/rats_pri.htm on 12/20/01.
Note: Hard copies of all Web citations are on file.
328
Tanzania
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Tanzania became a member of ILO-IPEC in 1994. Since 1995, ILO-
IPEC has implemented 40 action programs in Tanzania to address child labor. 2420 At the commu-
nity level, Child Labor Monitoring Committees identify and monitor cases of child labor. 2421 In
2000, Tanzania joined four other countries participating in an ILO-IPEC program, funded by
USDOL, to remove children from exploitative work in commercial agriculture. 2422 The govern-
ment in 2000 also conducted a child labor survey with technical assistance from ILO-IPEC’s
SIMPOC. 2423 In June 2001, the Government of Tanzania announced that it would initiate an ILO-
IPEC Time-bound Project, a comprehensive, national level project to eliminate the worst forms of
child labor over a defined period. Phase 1 of this project aims to eliminate child labor in the
commercial sex sector, mining, abusive forms of domestic work, and commercial agriculture by
2010. 2424
Tanzania’s Basic Education Master Plan aims to achieve universal access to basic educa-
tion, increase primary school gross enrollment, and ensure that at least 80 percent of children
complete primary education by the age of 15. 2425 The Ministry of Education and Culture, with
support from UNICEF, has launched a 3-year program to help reintegrate children who have
dropped out of the system into schools and has made it illegal to expel students because of preg-
nancy. 2426 The Ministry of Education has launched a Community Education Fund with World
Bank support to improve the school infrastructure. The Ministry of Education is working to
improve pre-primary education, in collaboration with ILO-IPEC. 2427 In 1997, Tanzania joined
ILO-IPEC’s Action Against Child Labor through the Education and Training Project, which has
2420
ILO-IPEC, Tanzania: Focusing on the Worst Forms of Child Labour (Geneva, 2001) [hereinafter
Tanzania: Focusing on the Worst Forms of Child Labour].
2421
ILO-IPEC, Supporting the Time-Bound Programme on the Worst Forms of Child Labor in Tanzania
(Phase I), project document, January 1, 2002, 18 [document on file].
2422
ILO-IPEC, Prevention, withdrawal and rehabilitation of children engaged in hazardous work in the
commercial agricultural sector in Africa, programme document, November 1, 2000.
2423
ILO-IPEC, SIMPOC Countries, at http://www.ilo.org/public/english/standards/ipec/simpoc/
countries.htm on 2/26/02.
2424
ILO-IPEC, “Labour Force Survey Preliminary Results (Quarter 1),” Time-Bound Program: Tanzania,
RAP Reports (Tanzania, 2001) [CD-ROM] [hereinafter Time-Bound Program: Tanzania]. See also
Benjamin Mkapa, president of the United Republic of Tanzania, “Special High-Level Session on the
Launch of the Time-Bound Programme on the Worst Forms of Child Labour,” speech at the International
Labour Conference, Provisional Record, Eighty-ninth Session, June 12, 2001, Geneva.
2425
The Education for All (EFA) 2000 Assessments: Country Reports–Tanzania, at http://
www2.unesco.org/wef/countryreports/country.html on 4/2/01.
2426
Time-Bound Program: Tanzania.
2427
Ibid.
329
mobilized teachers, educators, and their organizations, and the general public to launch
campaigns against child labor at the local and national levels.2428
In 2001, a child labor survey conducted by the Tanzania Ministry of Labor, Youth Devel-
opment and Sports, in cooperation ILO-IPEC, estimated that 40 percent of children between the
ages of 5 and 17 in Tanzania were working.2429 Approximately 27 percent of working children are
between the ages of 5 and 9, and 44 percent are between the ages of 10 and 14.2430 In rural areas,
34 percent of children work, while in urban areas, 11 percent of children work.2431
Children work on commercial tea, coffee, sugar cane, sisal, cloves, cut-flower, and tobacco
farms and in the production of corn, green algae (seaweed), pyrethrum, rubber, and wheat.2432 In
mining regions, children work in surface and underground mines. In gemstone mines, children,
known as “snake boys,” crawl through narrow tunnels hundreds of meters long to help position
mining equipment and ignite and assess the effectiveness of explosions.2433 Children also work as
domestic servants, often for 18 hours per day and for low pay.2434 Others work as barmaids, street
vendors, car washers, shoe shiners, carpenters, and auto repair mechanics.2435 They also work in
skilled crafts such as carpentry and auto repair as “apprentices,” where they receive little pay for
their work.2436 Girls as young as 9 years old reportedly engage in prostitution.2437
2428
ILO, “Action Against the Worst Forms of Child Labour through Education and Training,” outline
paper (Geneva: ILO-IPEC, January 1999), 6, 7.
2429
Statistics on the number of working children refer to “usual” work activities for children who worked
during the 12-month reference period. See Time-Bound Program: Tanzania.
2430
Statistics on the number of working children refer to “current” work activities for children who
worked during the last week of the reference period. The number of children who were currently working
was 3.4 million. Statistics measuring “usual” work activities during the 12-month reference period by age
or location are unavailable. See Time-Bound Program: Tanzania.
2431
Time-Bound Program: Tanzania.
2432
USDOL, By the Sweat and Toil of Children: Efforts to Eliminate Child Labor, vol. 5 (Washington,
D.C., 1998) [hereinafter Sweat and Toil of Children], 165. See also Tanzania: Focusing on the Worst
Forms of Child Labour at 15.
2433
ILO-IPEC, Situation Analysis Report on Hazardous Child Labor in the Three Sectors: Plantations and
Agriculture, Domestic and Allied Workers Union, and Tanzania Mining and Construction Workers Union
(Dar es Salaam: Federation of Free Trade Unions, 1997), 10. See also Linda Diebal, “Small Mines Huge
Hazard for Child Labor,” Toronto Star, May 17, 1999.
2434
Ibid. at 14.
2435
By the Sweat and Toil of Children at 165.
2436
ILO, Child Labour in Tanzania (Geneva, 1992), 12.
2437
Alakok Mayombo, “Rights: Tanzania—Children Drawn into Sex Trade,” Tanzania Media Women
330
Education in Tanzania is compulsory for seven years, until the age of 15; however,
education is not free, and costs include enrollment, books, and uniforms.2438 In 1997, the gross
primary enrollment rate was 66.5 percent, and the net primary enrollment rate was 48.4 percent.2439
In 1996, Tanzania’s gross primary attendance rate was 78.1 percent.2440 Forty-eight percent of
working children attend school.2441
The Employment Ordinance of 1956 sets the minimum age for employment at 15 years
and prohibits children from using, working near machinery, or engaging in underground work.
Current laws do not restrict children from working in agriculture. 2442 Under the Employment
Ordinance, employers are obliged to keep registers that indicate the age of workers, working
conditions, the nature of employment, and commencement and termination dates.2443 The Sexual
Offences Special Provisions Act of 1998 criminalizes child sexual assault or abuse, and the Penal
Code prohibits procuring a female under the age of 21 for prostitution.2444
Association (TAMWA), Associated Press, April 27, 1998, as cited in Factbook on Global Sexual Exploita-
tion (Amherst, Mass.: Coalition Against Trafficking in Women, 1999).
2438
Country Reports on Human Rights Practices for 2000—Tanzania (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/
af/839.htm.
2439
World Development Indicators 2001(Washington, D.C.: World Bank, 2001) [CD-ROM].
2440
USAID, GED 2000: Global Education Database (Washington, D.C., 2000) [CD-ROM] and at http://
www.usaid.gov/educ_training/ged.html.
2441
Time-Bound Program: Tanzania.
2442
The Employment Ordinance states that any employer found to be in violation of child labor laws is
subject to a fine of 2,000 to 4,000 shillings (USD 2.15 to 4.30) and/or 3 to 6 months of imprisonment. See
Report of the Commission on the Law Relating to Children in Tanzania (Dar es Salaam: Law Reform
Commission of Tanzania, 1996) [hereinafter Commission on the Law Relating to Children], 131, Cap.
366, Sections 77, 85.
2443
Commission on the Law Relating to Children at 131, Cap. 366, Section 85.
2444
Country Reports 2000 at Section 5. See also Human Rights Reports: Tanzania, Protection Project
Database, at http://www.protectionproject.org.
331
Several government agencies have jurisdiction over areas related to child labor, but
primary responsibility for enforcing the country’s child labor laws rests with the Ministry of Labor
and Youth Development (MLYD). A Child Labor Unit within MLYD serves as a liaison between
the various. government ministries and stakeholders. It is responsible for child labor-related
projects, conducts the child labor component of the labor inspector training, and gathers and
disseminates data on child labor.2445 At the community level, Child Labor Monitoring Committees
have been established in areas with a high frequency of child labor. The committees are reported to
be effective in their initial efforts to raise awareness, withdraw and rehabilitate children from child
labor, protect working children, and provide support to families. However, over time, the motiva-
tion of the committees often wanes and their effectiveness lessens.2446 Tanzania ratified ILO
Convention 138 on December 16, 1998, and ILO Convention 182 on September 12, 2001.2447
2445
IPEC, “Time-Bound Program on the Worst Forms of Child Labor in Tanzania: Summary of the
Institutional and Policy Study,” National Roundtable Discussion on the Time-Bound Program on the
Worst Forms of Child Labor, Dar es Salaam, April 23-25, 2001, at 12.
2446
Ibid.
2447
ILOLEX database, International Labour Standards and Human Rights Department, at http://
ilolex.ilo.ch:1567/english/.
NOTE: Hard copies of all Web citations are on file.
332
Thailand
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1982, the Government of Thailand established the Child Labor Protection Committee,
composed of representatives from industrial organizations, labor unions, and child labor experts, to
develop policy suggestions and draft child labor laws.2448
In 1992, the government became one of the six original countries to participate in ILO-
IPEC.2449 The government has adopted national plans of action to address both child labor2450 and
the commercial sexual exploitation of children.2451 In 1995, USDOL funded a program to prevent
prostitution in Thailand.2452 Thailand is also currently involved in a 3-year ILO-IPEC Sub-Regional
Project in the Mekong to combat trafficking of children and women for exploitative labor.2453 In
February 2000, the Ministry of Labor and Social Welfare’s (MOLSW’s) Department of Public
Welfare created the National Secretariat on Trafficking in Women and Children in the Mekong
Sub-region.2454
MOLSW’s Department of Labor Protection and Welfare (DLPW) has established a hotline
for individuals to report incidences of child labor. DLPW has also initiated a public awareness
campaign that focuses on providing information about child labor laws, encouraging reporting, and
2448
U.S. Embassy-Bangkok, unclassified telegram no. 6420, September 2000 [hereinafter unclassified
telegram 6420].
2449
Chantana Banpasirichot, “The Situation of Child Labour in Thailand: An Overview,” IPEC Thailand
Paper No. 1, Chulalongkorn University and ILO-IPEC, December 1996, 16. See also ILO-IPEC, “All
About IPEC: Programme Countries,” at http://www.ilo.org/public/english/standards/ipec/about/countries/
t_country.htm, 3/27/02.
2450
ILO-IPEC, National Child Labor Prevention and Solution Plan (1997-2001) [translation] (Bangkok:
Ministry of Labour and Social Welfare, April 1997).
2451
U.S. Embassy-Bangkok, unclassified section 1 of 3, telegram no. 7225, June 1999 [hereinafter
unclassified telegram 7225]. See the National Plan of Action for the Prevention and Eradication of the
Commercial Sexual Exploitation of Children. Thailand’s Eighth National Economic and Social Develop-
ment Plan (1997-2001) also contains special measures related to child labor and prostitution. See Con-
cluding Observations of the Committee on the Rights of the Child, Thailand, UN Document No. CRC/C/
15/Add.97, October 26, 1999, Concluding Observations/Comments, Geneva, October 26, 1998, Point 5.
2452
ILO-IPEC, Program to Prevent Child Labor and Forced Child Prostitution (Geneva, 1995).
2453
ILO, “ILO Mekong Sub-Regional Project to Combat Trafficking in Children and Women,” Interna-
tional Labor Organization (Bangkok: ILO), u.d. [pamphlet on file].
2454
Unclassified telegram 6420. The Secretariat contains a national project committee to coordinate with
government agencies and NGOs focused on anti-trafficking and to address the issues related to trafficked
women and children.
333
promoting guidelines for education on labor laws in schools.2455 The Department of Social
Welfare has established shelters for street children.2456
In 1999, the ILO estimated that 13 percent of children between the ages of 10 and 14 in
Thailand were working.2460 Children work in the agriculture, construction, and fishing sectors.2461
2455
Unclassified telegram 6420.
2456
Ibid. During the Asian financial crisis, the MOLSW provided free occupational training and small
daily stipends to women and children who were unemployed because of the economic conditions. See also
unclassified telegram 7225.
2457
Savitri Suwansathit, Inspector General, Thailand Ministry of Education, speaking at the U.S. Depart-
ment of Labor conference “Advancing the Global Cause Against Child Labor: Progress Made and Future
Actions,” Washington, D.C., May 17, 2000 (Draft). The project also provided counseling and guidance to
students and their mothers and assisted selected students in staying in boarding schools while they receive
their education.
2458
Unclassified telegram 6420. Partly funded by the Asian Development Bank, the program’s initial
estimates were that it reached 140,000 students. See also UNESCO, The Education for All (EFA) 2000
Assessment: Country Reports—Thailand [hereinafter EFA 2000], Section 2.4.1, at http://
www2.unesco.org/wef/countryreports/thailand/rapport_2.html.
2459
Unclassified telegram 6420. Aside from the UNICEF program, a separate NGO-run initiative called
the “Daughters Education Program” provides support for primary and secondary education and vocational
training to young girls at risk of prostitution or of being drawn into exploitative labor in northern Thai-
land. See DEPDC Web site at http://www.depdc.org/english/about_us1htm.
2460
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM] [hereinafter
World Development Indicators 2001].
2461
Xinhua News Agency, “Thailand to Ratify UN Convention to Eliminate Child Labor,” November 15,
2000. See also Simon Baker and Sudarat Sereewat, Secretary General of FACE Coalition to Fight against
Child Exploitation, interview with USDOL official, October 26, 2000, for information on children’s
involvement in agricultural production. See also ILO-IPEC, The Situation of Child Labour in Thailand:
An Overview (Bangkok, 1996), 7, 8, as cited in USDOL, By the Sweat and Toil of Children: Efforts to
Eliminate Child Labor, vol. 5 (Washington, D.C.: U.S. Department of Labor, 1998) [hereinafter Sweat and
Toil of Children], 35, and Kerry Richter and Orathai Ard-am, Child Labor in Thailand’s Fishing Industry
(Salaya: Institute for Population and Social Research, Mahidol University, 1995), 18-19, as cited in Sweat
and Toil of Children at 22.
334
Children also work as domestic servants.2462 Reports also indicate that children are involved in the
trafficking of drugs in Thailand.2463 Moreover, according to 1994 estimates from Thailand’s Office
of the National Commission on Women’s Affairs, between 22,500 and 40,000 children were
involved in the country’s commercial sex industry.2464 Children are trafficked into Thailand from
other Asian countries such as Burma, Cambodia, and Laos, and to international destinations,
including Japan, Taiwan, Australia, Europe, and the United States. Internal trafficking occurs
principally from the North and Northeast regions to Bangkok.2465 Reports from domestic NGOs
indicate that girls ages 12 to 18 are trafficked from Burma, China and Laos to work in Thailand in
the commercial sex industry, some in conditions of debt bondage.2466 Children are also trafficked
into Thailand to work as beggars or in areas such as agriculture, fishing, factories, or construc-
tion.2467
Under the Primary Education Act of 1980, education is compulsory for children between
the ages of 8 and 15, or until the successful completion of grade six.2468 The National Education
Act of 1999, which will take full effect in 2002, extends this compulsory period to nine years of
schooling.2469 In 1998, the gross primary enrollment rate was 91.3 percent, and the net primary
enrollment rate was 80.4 percent.2470 Primary school attendance rates are unavailable for Thailand.
While enrollment rates indicate a level of commitment to education, they do not always reflect
children’s participation in school.2471
2462
“Behind Closed Doors: Child Domestic Workers—The Situation and the Response,” Child Workers
in Asia, 40-42, at www.cwa.tnet.co.th/domestic/pages40-42.htm. See also Dr. Lae Dilokvidhyarat,
Director, Labor and Management Development Center, Chulalongkorn University, interview with
USDOL official, October 26, 2000.
2463
Somphong Chitradub, Child Labour in the Trafficking of Drugs in Thailand (Bangkok: ILO-IPEC,
1999), 2-3.
2464
Herve Berger and Hans van de Glind, “Children in Prostitution, Pornography and Illicit Activities:
Thailand” (Bangkok: ILO-IPEC, August 1999), 7.
2465
U.S. Department of State, Trafficking in Persons Report, July 2001, Thailand.
2466
Country Reports on Human Rights Practices for 2000—Thailand (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/g/drl/rls/
hrrpt/2000/eap/index.cfm?docid’776.
2467
“Fresh Hope for Child Laborers,” Bangkok Post, November 19, 2000. See also Ratjai Adjayutpokin,
Gaysorn Chanya, and Piyaphan Chanya, Survey Report on Cambodian Migrant Working Children (Redd
Barna and Child Workers in Asia, 1998), 1. For a recent report on trafficking from Thailand to Japan,
including allegations on trafficking of Thai children under the age of 18, see Owed Justice: Thai Women
Trafficked into Debt Bondage in Japan (Washington, D.C.: Human Rights Watch, Asia/Women’s Rights
Divisions, September 2000).
2468
EFA 2000 at Section 4.1.3.
2469
Ibid. at Part 1, Introduction, at http://www2.unesco.org/wef/countryreports/thailand/contents.html.
2470
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2471
For a more detailed discussion on the relationship between education statistics and work, see
Introduction to this report.
335
Child Labor Laws and Enforcement
Thailand’s Labor Protection Act of 1998 sets the minimum age for employment at 15
years. Employers are required to notify labor inspectors if children under age 18 are hired, and the
law restricts the number of hours a child between the ages of 15 and 18 may work per day and
prohibits work after 10 p.m. Children under age 18 may not be employed in hazardous work,
which is defined by the Act to include any work involving hazardous chemicals, harmful tempera-
tures or noise levels, or exposure to toxic micro-organisms; driving heavy equipment; and working
underground.2472
The Prostitution Prevention and Suppression Act of 1996 prohibits all forms of prostitution
and provides specific penalties for cases involving children under the age of 19.2473 Fines and terms
of imprisonment under the Act are based on the age of the child involved, with more severe terms
established for prostitution involving children under the age of 16.2474 The Prevention and Suppres-
sion of Trafficking in Women and Children Act of 1997 increased both the trafficking penalties
and provisions to search for and assist victims.2475 The Penal Code Amendment Act of 1997 also
provides penalties for traffickers of children under the age of 18, regardless of nationality.2476 The
Money Laundering Act of 1999 allows authorities to confiscate the assets of persons who either are
convicted of trafficking or work in prostitution.2477
2472
Labour Protection Act of 1998, in ILO, NATLEX Database [translation], Sections 22, 44-52, and 148,
at http://natlex.ilo.org/txt/E98THA01.htm#c17. The maximum penalties for violation of the child labor
sections of the Labor Protection Act are up to 1 year of imprisonment and fines of up to 200,000 baht
(USD 4,560). For currency conversion, see http://www.carosta.de/frames/convert.htm on 2/7/02.
2473
Prevention and Suppression of Prostitution Act B.E. 2539 (1996), in ILO, NATLEX Database [transla-
tion] [hereinafter Prevention and Suppression of Prostitution Act], Sections 8-12, at http://natlex.ilo.org/
txt/E96THA01.htm.
2474
Individuals who engage in prostitution with children ages 16 to 18 are subject to jail terms of 5 to 15
years and fines of 100,000 to 300,000 baht (USD 2,282 to 6,845). The range of penalties is nearly twice as
much for those patronizing children ages 15 and under. Government officials in violation of the act face
penalties of 15 to 20 years of imprisonment and/or substantial fines ranging between 300,000 and 400,000
baht (USD 6,845 to 9,126). If fraud or coercion on the part of the patron is involved, penalties also
increase. Owners, managers, and supervisors of prostitution businesses or establishments, government
administrative or police officials, as well as parents who knowingly permit their children to become
engaged in prostitution, face steep fines and jail terms if found guilty of violating the terms of the act. See
Prevention and Suppression of Prostitution Act at Sections 8-12. For currency conversion, see http://
www.carosta.de/frames/convert.htm on 1/29/02.
2475
The Prevention and Suppression of Trafficking in Women and Children Act of 1997, as cited in
Country Reports 2000 at Section 6f.
2476
The Penal Code Amendment Act (no. 4) of 1997, as cited in Domestic Efforts to Strengthen the
Enforcement of Child Labour and Education Laws, and Changes in Domestic Child Labour and Educa-
tion Laws, submission by the Ministry of Labor to U.S. Embassy-Thailand, September 2000, 6.
2477
Country Reports 2000 at Section 6f.
336
Four government agencies are responsible for enforcing child labor laws: the Royal Thai
Police, the Office of the Attorney General, the Ministry of Justice, and the MOLSW.2478 Both
periodic and complaint-driven labor inspections are conducted, and inspecting officers have the
right to remove child workers from businesses and place them in government custody before court
decisions on the cases.2479 However, in practice, the labor inspection system tends to be more
reactive than proactive, with inspectors usually responding to public complaints or newspaper
reports rather than conducting random inspections.2480 Thailand has not ratified ILO Convention
138 but ratified ILO Convention 182 on February 16, 2001.2481
2478
Unclassified telegram 6420. MOLSW’s Department of Labor Protection and Welfare employs
several specific enforcement tools to deal with child labor, such as regulations for inspection of estab-
lishments suspected of using child labor.
2479
Unclassified telegram 6420.
2480
Country Reports 2000 at Section 6d. The MOLSW tends to focus its inspection efforts on larger
factories in an effort to reach the largest portion of the workforce, with relatively fewer inspections of
smaller workplaces where child labor may more easily go unnoticed. See unclassified telegram 6420.
2481
ILO, ILOLEX database, at http://webfusion.ilo.org/public/db/standards/normes/appl/
index.cfm?lang’EN.
NOTE: Hard copies of all Web citations are on file.
337
Togo
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
With the assistance of ILO-IPEC, the Government of Togo formulated a national child
trafficking action plan, gathered data, began a community awareness program, and took steps to
enhance its institutional capabilities to combat trafficking.2482 Togo is one of nine countries partici-
pating in a regional project sponsored by ILO-IPEC and funded by USDOL to combat the traffick-
ing of children in West and Central Africa.2483
Togo’s education goals are to make education more accessible, to raise the quality and
relevance of the curriculum, and to strengthen vocational and non-formal education.2484 The
national education plan, devised in 1995 and implemented in 1998 with assistance from the World
Bank and UNICEF, focuses on increasing the number of qualified teachers and administrators,
improving enrollment and retention rates, and making education more relevant to local needs.2485
The World Bank also supports programs designed to support the construction and repair of schools
and the provision of textbooks to primary schools.2486 UNICEF is assisting Togo to raise the low
attendance rates among girls.2487
In 1999, the ILO estimated that 27.2 percent of children between the ages of 10 and 14 in
Togo were working.2488 Child labor is found mainly in the informal sector, particularly in agricul-
ture and petty trading.2489 Many children, especially girls, work as child domestics, some as young
as 7 years old.2490 In remote parts of the country, a form of bonded labor occurs in the traditional
2482
ILO-IPEC, Combating the Trafficking of Children for Labour Exploitation in West and Central Africa
(Phase II): Executive Summary (Geneva, 1999).
2483
Ibid.
2484
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2485
Ibid.
2486
UN, Summary Record of the 422nd Meeting: Togo, UN Document No. CRC/C/SR.422 (Geneva: UN
Committee on Rights of the Child, February 3, 1998) [hereinafter Summary Record of the 422nd Meeting:
Togo].
2487
UNICEF, “Costs of Education,” at http://www.unicefusa.org/girls_ed/cost.html. See also “Summary
Record of the 422nd Meeting: Togo.”
2488
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [hereinafter World
Development Indicators 2001].
2489
Country Reports on Human Rights Practices for 2000—Togo (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/2000/af/
index.cfm?docid’842.
2490
One survey on child domestic workers found that 96 percent of the domestics working full time were
338
practice known as trokosi, where young girls become slaves to religious shrines for offenses
allegedly committed by a member of their family.2491 Children are trafficked from Togo to Cote
d’Ivoire, Gabon, Nigeria, and other African countries, as well as to the Middle East, Asia, and
Europe, where they work in indentured or domestic servitude or as farm laborers or are sexually
exploited.2492
Education is compulsory for six years.2493 In 1996, the gross primary enrollment rate was
119.6 percent, and the net primary enrollment rate was 81.3 percent.2494 Primary school attendance
rates are unavailable for Togo. While enrollment rates indicate a level of commitment to education,
they do not always reflect children’s participation in school.2495 The education system has suffered
from teacher shortages, lower educational quality in rural areas, and high repetition and dropout
rates.2496 In the north part of the country, 41 percent of the primary school teachers are remunerated
by the parents compared with only 17 percent in Lome, where incomes are substantially higher.2497
between 7 and 17 years old; another survey found that 16 percent of domestics were 10 years of age or
younger. See ILO, Child Domestic Workers, at http://www.ilo.org/public/english/standards/ipec/action/
36actaga/domestic.htm on 11/29/01, and ILO, Tolerating the Intolerable, at http://www.ilo.org/public/
english/standards/ipec/publ/clrep96.htm on 11/29/01. Children between 6 and 18 years of age reportedly
do menial work as domestic servants in military barracks. See Coalition to End the Use of Child Soldiers,
Global Report 200–Togo, at http://www.child-soldiers.org/report2001/global_report_contents.html.
2491
Jesse Sage, American Anti-Slavery Group, electronic correspondence to GMIS, November 6, 2000, as
cited in “The Worst Forms of Child Labour: Country-wise Data,” Togo, October 2000, The Global March
Against Child Labor.
2492
U.S. Department of State, Trafficking in Persons Report: Togo, July 2001. See also Country Reports
2000 at Section 6f. In one month, January 1998, 199 trafficked children from the border between Togo
and Benin were repatriated and returned to their families. See Africa News Service, “Child Peddling
Serious Problem in Togo and Benin,” March 23, 1998, at http://www.captive.org/Information/WorldBeat/
Africa/articlesafrica1.htm.
2493
See also Preliminary Report of the Special Rapporteur on the Right to Education, Katatina
Toma_evski, submitted in accordance with Commission on Human Rights Resolution 1998/33, UN
Document No. E/CN.4/Sub.2/1998/12 (Geneva: Office of the High Commissioner on Human Rights,
1999), Table 6.
2494
The disparity between boys and girls is significant: The net primary enrollment rate is 93 percent for
boys and 69 percent for girls. See World Development Indicators 2001.
2495
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2496
M. Egnonto Koffi-Tessio, “Human Resource Development for Poverty Reduction and Household
Food Security: Situation of Education and Training in Togo” (Lome, Togo: University of Lome, Advanced
School of Agronomy, 2000). See also Summary Record of the 420th Meeting: Togo], and World Bank,
Togo Country Assistance Evaluation, Operations Evaluation Department, Report No. 21410, November
20, 2000 [hereinafter Togo Country Assistance Evaluation], 5.
2497
Togo Country Assistance Evaluation at 5.
339
Child Labor Laws and Enforcement
The Labor Code sets the minimum age of employment in any enterprise at 14 and a
minimum age of 18 for certain industrial and technical jobs.2498 The Ministry of Labor enforces the
law only in the urban, formal sector.2499 Article 78 of the Penal Code prohibits the corruption,
abduction, or transfer of children against the will of a child’s guardian but does not cover cases that
are consensual.2500 Legislation prevents foreign consulates based in Togo from issuing visas to
minors without first consulting a social worker.2501 Articles 91 to 94 of the Penal Code prohibit the
solicitation and procurement of minors.2502
Togo ratified ILO Convention 138 on March 16, 1984, and ILO Convention 182 on
September 19, 2000.2503
2498
Country Reports 2000 at Section 6d.
2499
Ibid.
2500
Summary Record of the 422nd Meeting: Togo at para. 37.
2501
Ibid at para. 35.
2502
Summary Record of the 422nd Meeting: Togo at para. 37.
2503
ILOLEX database: Togo at http://www.ilolex.ilo.org on 12/11/01.
NOTE: Hard copies of all Web citations are on file
340
Tonga
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Ministry of Education has set goals to further improve upon the educational system by
providing universal access to quality basic education up to form 6, restructuring the Ministry of
Education, expanding and developing vocational education, establishing formal pre-school pro-
grams, and establishing a national university by the year 2010.2504
Statistics on the number of working children in Tonga under age 15 are unavailable. There
is also no information available on the incidence of child labor.2505
Education is compulsory for children through the end of high school.2506 In 1995, the gross
primary enrollment rate was 122.2 percent, and the net primary enrollment rate was 95.3 per-
cent.2507 Primary school attendance rates are unavailable for Tonga. While enrollment rates indi-
cate a level of commitment to education, they do not always reflect children’s participation in
school.2508
2504
Pacific Human Development, “Broadening Opportunities for Education,” 1999, 40.
2505
Country Reports on Human Rights Practices for 2000—Tonga (Washington, D.C.: U.S. Department of
State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/
eap/index/.cfm?docid’808.
2506
Ibid.
2507
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM]. See also World
Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2508
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
341
Child Labor Laws and Enforcement
Legislation prohibits forced or bonded labor of children; violations of these regulations are
not known.2509 Although there is no specific law regarding trafficking or child prostitution, the
Criminal Code of Tonga prohibits any person from procuring or attempting to procure any girl
under the age of 21 for the purposes of unlawful sexual exploitation.2510 The punishment for this
offense is to be any term of imprisonment not to exceed 5 years.2511 The Government of Tonga is
not a member of the ILO and has not ratified ILO Conventions on child labor.2512
2509
Country Reports 2000 at Section 6d.
2510
The Criminal Code of Tonga, Article 126, at http://www.vanuatu.usp.as.fj/Paclawmat/
Tonga_legislation/Consolidation_1988/Tonga_Criminal_Offences.html.
2511
Ibid.
2512
ILO, ILOLEX database, Ratifications of the ILO Fundamental Conventions, at http://
webfusion.ilo.org/public/db/stqandards/normes/appl/appl-ratif8conv.cfm?lang’EN.
NOTE: Hard copies of all Web citations are on file
342
Trinidad and Tobago
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Trinidad and Tobago and NGOs are working together to conduct a
systematic study of the child labor issue, and the government has recently moved to strengthen
legislation.2513 In 2000, the government pledged to begin providing universal and free access to
secondary school education.2514 There has also been an ongoing program to build up to 16 more
secondary schools and to pay for textbooks for schoolchildren from low-income families.2515
Statistics on the number of working children in Trinidad and Tobago under the age of 15
are unavailable. Reports indicate that children work as beggars, street vendors, and in family
businesses.2516 The prostitution of children and the use of children for trafficking drugs are not
widespread, but there is evidence that children are involved in these activities.2517 There are no
reports of trafficking in children.2518
Primary education is free and compulsory between ages 6 and 12.2519 Gross and net
primary enrollment rates are unavailable. Reports indicate that absenteeism and school dropouts
are problems; some parts of the school system suffer from overcrowding and substandard physical
facilities.2520
2513
ILO, ILOLEX database [hereinafter ILOLEX database], at http://www.ilolex.ilo.ch.
2514
U.S. Embassy-Port of Spain, unclassified telegram no. 1604, September 2001 [hereinafter unclassified
telegram telegram 1604.
2515
Ibid.
2516
Ibid. See also UN Committee on the Rights of the Child, Concluding Observations of the Committee
on the Rights of the Child, Trinidad and Tobago, CRC/C/15/Add.82 (Geneva, October 10, 1997).
2517
Unclassified telegram 1604.
2518
Country Reports on Human Rights Practices for 2000—Trinidad and Tobago (Washington, D.C.: U.S.
Department of State, 2000) [hereinafter Country Reports 2000], Sections 6d, 6f, at http://www.state.gov/g/
drl/rls/hrrp/2000/wha/index.cfm?docid’833.
2519
UN Committee on the Rights of the Child, Initial Reports of States Parties Due in 1994, Trinidad and
Tobago, CRC/C/11/Add.10, June 17, 1996 [hereinafter Initial Reports of States Parties], Section 7, No.
113, and Section 2, No. 27.
2520
In 1995-1996, 21 percent of youth ages 5 to 16 years were absent from the formal school system. See
World Bank Group, “Memorandum of the President of the International Bank for Reconstruction and
Development to the Executive Directors on a Country Assistance Strategy of the World Bank Group for
the Republic of Trinidad and Tobago,” at http://lnweb18.worldbank.org/external/lac/lac.nsf/
cfl747ccd6587ff952567d6006bdadc/a8ed(...). See also unclassified telegram 1604.
343
Child Labor Laws and Enforcement
Under the Children Act, the minimum age for employment in Trinidad and Tobago is 12
2521
years. Children from 12 to 14 years of age may work only in family businesses. Children under
the age of 18 are prohibited from night work, with the exception of 16- to 18-year-olds, who may
work at night in sugar factories.2522 There are no laws that specifically address the sale or traffick-
ing of children, serfdom, debt bondage, or compulsory labor or the use of children in illicit activi-
ties such as drug trafficking; however, the government does have criminal codes that prohibits
prostitution and the use in pornography of those under age 16.2523
The Ministry of Social Development and Family Services and the Ministry of Labor are
responsible for the enforcement of child labor laws. Those found in violation may be subject to a
combination of fines and imprisonment; however, there is a lack of enforcement of child labor
laws particularly for street vending and begging.2524 Occupational safety and health laws do not
include provisions for children in the workplace.2525 Trinidad and Tobago has not ratified ILO
Convention 138 or ILO Convention 182.2526
2521
Initial Reports of States Parties at Section 2, No. 28.
2522
Country Reports 2000 at Section 6d.
2523
Unclassified telegram 1604. See also The Commercial Sexual Exploitation of Women and Children: A
Human Rights Report: Trinidad and Tobago, The Protection Project, at http://wwwprotectionproject.org
on 11/6/01.
2524
Unclassified telegram 1604.
2525
Ibid.
2526
ILOLEX database.
NOTE: Hard copies of all Web citations are on file.
344
Tunisia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Statistics on the number of working children under the age of 15 in Tunisia are unavail-
able. While child labor is not reported in the industrial sector, children in rural areas are employed
in the agricultural sector, often during school vacations, and underage girls are recruited to work as
domestic laborers in Tunis and other cities.2530 In addition, child “apprentices” are legal in Tunisia,
although this title is reportedly used to disguise child labor in the informal sector, such as in
handicraft or auto-repair work.2531
Education is compulsory and free from the ages of 6 to 16.2532 Law No. 91-65 establishes
penalties when a child is not enrolled in primary school or a child is withdrawn from school before
the age of 16.2533 In 1997, the gross primary enrollment rate was 118 percent, and in 1996, the net
2527
U.S. Embassy-Tunis, unclassified telegram no. 2148, May 1999 [hereinafter unclassified telegram
2148]. See also U.S. Embassy-Tunis, unclassified telegram no. 2732, September 2000 [hereinafter
unclassified telegram 2732]. See also Noureddine Mejdoub, ambassador of Tunisia, letter to USDOL
official, February 2, 1998 [hereinafter Mejdoub letter.
2528
World Bank, Education Quality Improvement Project, World Bank Group project information docu-
ment, April 28, 2000, at http://www4.worldbank.org/sprojects/Project.asp?pid’P050945 on 11/8/01.
2529
UNICEF’s 1997-2001 program includes health, education, and children’s rights components. The
UNICEF Global Girls’ Education Program is implemented in specific regions of Tunisia to assist teachers
to reduce gender disparities in learning achievement. See UNICEF, “UNICEF Country Profiles—Tunisia,”
at http://www.unicef.org/programme/countryprog/mena/tunisia/mainmenu.htm on 11/8/01. See also
UNICEF’s Global Girls’ Education Program at http://www.unicefusa.org/girls_ed/global.html#Oman on
11/8/01.
2530
Unclassified telegram 2148. See also Abdelmajid Bejar, “Modern-Day Slavery Found in Middle-Class
Homes,” Inter-Press Service, September 26, 1994.
2531
Unclassified telegram 2148.
2532
Mejdoub letter. See also Committee on the Rights of the Child, “Committee on Rights of the Child
Takes Up Report of Tunisia,” UN press release, June 11, 1995. See also UNESCO, “Tunisia – Education
System,” (UNESCO: February 25, 2002) at http://www.unesco.org/iau/cd-data/tn.rtf.
2533
La Loi no. 91-65, Article 32, July 29, 1991, as cited in Mejdoub letter.
345
primary enrollment rate was 97.6 percent.2534 Primary school attendance rates are unavail-
able for Tunisia.
The Labor Code of 1966 establishes the minimum age for employment, conditions for
work, and enforcement provisions. The minimum age for industrial work is 16 years and 13 years
for agricultural work, as well as for non-industrial work that is not a health hazard. Under the
Labor Code, children may work as apprentices or through vocational training programs at age
14.2535 In addition, children under 16 years of age may work in family-run businesses as long as the
work does not interfere with school or pose a threat to the child’s health.2536 In addition, the Labor
Code sets 18 years as the minimum age for hazardous, underground, or night work, and hours of
work are restricted for children under the age of 18.2537 The Penal Code prohibits prostitution and
institutes stricter penalties for offenders who solicit minors, and although trafficking is not specifi-
cally prohibited by the Code, kidnapping or abducting persons is illegal.2538 In 1995, the Govern-
ment of Tunisia passed the Child Protection Code, which protects children under 18 years from
abuse and exploitation, including participation in wars or armed conflicts, prostitution, and hazard-
ous labor conditions.2539 Forced or bonded labor is prohibited in Tunisia.2540
2534
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2535
The Labor Code defines industrial work to include the following: mines; enterprises in which products
are manufactured or prepared for sale; demolition; craft-work; work related to electricity and motoriza-
tion; and transport. The Labor Code also provides a list of agriculture-related professions that are consid-
ered to be industrial or commercial for legal purposes. See Tunisie Code du Travail, La Loi no. 66-27,
Articles 2, 3, 53, 55, April 30, 1966 [hereinafter Tunisie Code du Travail], as cited in NATLEX Database
[hereinafter Code du Travail], at http://www.natlex.ilo.org/txt/F96TUN01.htm on 11/8/01. The minimum
age for maritime work is 18 as stated in the Maritime Labor Law. See Code du Travail Maritime, La Loi
no. 67-52, December 7, 1967, as cited in Mejdoub letter.
2536
Tunisie Code du Travail at Article 54, as cited in Code du Travail.
2537
Article 58 prohibits work that is a danger to the health, safety, or morality of children, and authorizes
the Ministry of Social Affairs to determine the jobs that fall in this category. Article 65 prohibits children
under 14 years of age from working in nonagricultural jobs between 8 p.m. and 8 a.m. Article 66 prohibits
children between 14 and 18 years of age from working in nonagricultural jobs from 10 p.m. to 6 a.m. For
agricultural work, Article 74 states that children under 18 years must have fixed rest periods and cannot
work between 10 p.m. and 5 a.m. See Tunisie Code du Travail at Articles 58, 65, 74, 77, as cited in Code
du Travail.
2538
Code Penal, La Loi no. 89-23, February 27, 1989, Articles 232, 234, 237, at http://
www.recherche.legisnet.com/FMPro on 11/8/01.
2539
Tunisie Loi no. 95-92, November 9, 1995, relative a la publication de la Protection de L’Enfant,
Articles 2, 18, 20, as cited in Code du Travail.
2540
Country Reports on Human Rights Practices for 2000—Tunisia (Washington, D.C.: U.S. Department
of State, 2001), Section 6c, at http://www.state.gov/g/drl/rls/hrrpt/2000/nea/index.cfm?docid’821.
346
Labor inspectors from the Ministry of Social Affairs, with the assistance of the Judicial
Police, are responsible for enforcing child labor laws.2541 Tunisia ratified ILO Convention 138 on
October 19, 1995, and ILO Convention 182 on February 28, 2000.2542
2541
As one example of effective enforcement, reports indicate that government social services and
enforcement officers are aware of the use of young girls as domestic laborers and have taken action
against their employers in these situations. See Tunisie Code du Travail at Article 170, as cited in Code du
Travail. See also unclassified telegram 2732.
2542
ILO, ILOLEX database, at http://ilolex.ilo.ch:1567/english/ on 11/14/01.
NOTE: Hard copies of all Web citations are on file.
347
Turkey
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1992, Turkey became one of the six original countries to participate in ILO-IPEC and
established a Child Labor Unit (CLU), under the Ministry of Labor and Social Security (MLSS), to
chair an interagency committee formed from government ministries, employer organizations, trade
unions, universities, and other United Nations agencies.2543 The CLU is also responsible for
reviewing and ensuring the enforcement of child labor laws, proposing new programs, and raising
awareness with the public.2544 The State Institute of Statistics, with technical assistance from the
ILO’s statistical agency, conducted a child labor survey that formed the basis for identifying and
creating programs for children most at risk. Some of these programs have included awareness-
raising activities on child labor for workers, employers, and labor inspectors; non-formal education
for working children in rural communities; vocational training for working migrant and street
children; and healthcare for youths working in the metal, automotive, leather, and shoe-making
industries.2545
In 1999, the ILO estimated that 13.3 percent of children between the ages of 12 and 14 in
Turkey were working.2548 Children work in agriculture, auto repair shops, the production of
2543
Embassy of Turkey, submission to USDOL official, The Implemented Programs and Measures Taken
Against Child Labour in Turkey, November 9, 2001 [hereinafter Implemented Programs and Measures].
See also ILO-IPEC, “IPEC in Action: Turkey,” at http://www.ilo.org/public/english/standards/ipec/publ/
field/europe/index.htm on 11/15/01, and ILO, “Country Programme: Turkey” [hereinafter “Country
Programme”], at http://www.ilo.org/public/english/region/eurpro/ankara/programme/ on 11/15/01.
2544
Implemented Programs and Measures.
2545
Turkish Confederation of Employer Associations, Child Labour in Turkey (Ankara: ILO, 1997)
[hereinafter Child Labour in Turkey], 26, 27. See also “Country Programme” and ILO-IPEC, Bilikent
University, Child Labour Unit, at http://www.ug.bcc.bilikent.edu.tr/~cib/main.htm on 11/15/01.
2546
UNICEF, CRC Child-to-Child Training in Apprenticeship Centers Project, at http://www.unicef.org/
turkey/u_in_tr/apptraining.htm on 11/15/01.
2547
UNICEF in Turkey, 1999 [hereinafter UNICEF in Turkey], at http://www.unicef.org/turkey/u_in_tr/
pdf/unicefinturkey-e.pdf on 11/15/01.
2548
ILO, Yearbook of Labour Statistics (Geneva, 2000). A child labor survey conducted in 1994 by the
Turkey State Institute of Statistics in cooperation with ILO-IPEC estimated that 32 percent (3.8 million)
of children between the ages of 6 and 14 were engaged in either economic activity or domestic labor. See
Child Labour in Turkey at 10.
348
clothing and textiles, leather and metal work, and in personal and domestic services.2549 Street
children in the cities of Diyarbak´yr, Adana, and Istanbul collect trash, pick garbage at dumpsites,
shine shoes, and sell various goods.2550
In 1998, 3,000 children worked as soldiers in the opposition group Kurdistan Workers
Party (PKK).2551 Children under the age of 18 in the PKK have been forced to serve in the armed
conflict against the Turkish Security Forces in the Southeastern Anatolia. 2552 Turkey is also a
destination and transit country for girls who are trafficked for the purpose of prostitution from
Romania, Russia, Ukraine, Moldova, Armenia, Azerbaijan, Bulgaria and Georgia.2553
Primary education is compulsory for eight years for children between the ages of 6 and 14
under the Basic Education Act.2554 However, expenses for school still include uniforms, books, and
voluntary contributions, costs that affect low-income families.2555 In 1996, the gross primary
enrollment rate was 107.4 percent, and the net primary enrollment rate was 99.3 percent.2556
Primary school attendance rates are unavailable for Turkey. While enrollment rates indicate a level
of commitment to education, they do not always reflect children’s participation in school.2557
2549
UNICEF, The Situation of Children and Women in Turkey: An Executive Summary (1998) [hereinafter
“The Situation of Children and Women”].
2550
Bahattin Akoit, Nuray Karanc´y, and Ayoe Gunduz-Hoogör, “Turkey: Working Street Children in Three
Metropolitan Cities: A Rapid Assessment” (Geneva: ILO, October 2001), 4, 5.
2551
Coalition to Stop the Use of Child Soldiers, Global Report 2001: Turkey [hereinafter Global Report
2001], at http://www.child-soldiers.org/report2001/countries/ on 11/15/01.
2552
Ibid. See also UNICEF, “The State of Children and Women in Turkey: Perspectives in the Context of
the CRC and CEDAW” (Ankara, 2000) [hereinafter “Perspectives in the Context of the CRC and
CEDAW”], at http://www.die.gov.tr/CIN/got-unicef/Sowc2000/cover.html.
2553
U.S. Department of State, Trafficking in Persons Report, July 2001, Tier 3: Turkey, 98. See also
Swedish International Development Agency, Looking Back, Thinking Forward: Fourth Report on the
Implementation of the Agenda for Action Adopted at the First World Congress against Commercial Sexual
Exploitation of Children in Stockholm, Sweden, on 28 August 1996 (Bangkok: ECPAT International,
2000), 124. See also Country Reports on Human Rights Practices for 2000—Turkey (Washington, D.C.:
U.S. Department of State, 2001) [hereinafter Country Reports 2000], Section 6f, at http://www.state.gov/
g/drl/rls/hrrpt/2000/eur.
2554
“The Situation of Children and Women.” In 1997, compulsory education in Turkey was extended from
5 to 8 years under the Basic Education Act. See also ILO, ILO/Turkish Confederation of Employer
Associations, (Geneva: 1997) [hereinafter Child Labour in Turkey], 22. See also UNICEF in Turkey.
2555
UNICEF in Turkey.
2556
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2557
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
349
Child Labor Laws and Enforcement
There are numerous and sometimes contradictory laws relating to working children and
the worst forms of child labor in Turkey.2558 The Labor Law (Article 67) sets the minimum age for
employment at 15 years, but allows children at least 13 years of age to perform light work that
does not harm their health or interfere with their education.2559 The Labor Law prohibits under-
ground work and night work for children under the age of 18 and precludes children under 16 years
from working in heavy and hazardous. work.2560 General Health Care Act No. 1593 prohibits the
work of children under the age of 12 at industrial sites, mining works and in factories and manu-
facturing shops, and it proscribes the work of children under 18 years in bars, coffee houses, dance
halls, cabarets, casinos, and public baths. The Code of Obligation limits the work hours of children
between the ages of 12 and 16,2561 and it covers children working in economic activities and
sectors not included under the Labor Law (e.g., agriculture, domestic servants, home-based
establishments, and enterprises with three or fewer workers).2562 Apprenticeship and Vocational
Training Act No. 3308 allows children between the ages of 13 and 18 to be employed as an
apprentices.2563
References to other worst forms of child labor are also found in military and criminal laws.
Law on Military Service No. 1111 requires all males in Turkey to undergo military training despite
their age, but boys and adolescents are not allowed to be recruited into the armed services until
they reach 19 years of age.2564 However, in the event of a war, Law on National Defense Liability
No. 3634 allows the drafting of children at least 15 years of age.2565 The Criminal Law forbids the
sexual exploitation and trafficking of children. 2566 Sexual offences committed against children 15
years or younger are subject to heavier sentences than offences committed against individuals over
15 years, particularly crimes committed by family members or guardians of the child.2567
2558
“Perspectives in the Context of the CRC and CEDAW.”
2559
Labor Act, Article 67, as cited in “Perspectives in the Context of the CRC and CEDAW.” See also
Child Information Network in Turkey, Child Rights in Turkey, at http://www.die.gov/tr/CIN/
childrights.html on 11/15/001. The Constitution also protects against individuals being required to work in
situations unsuitable to their development. See Constitution of the Republic of Turkey, Article 50, at http://
www.turkey.org/politics/p_consti.htm on 11/15/01.
2560
Labor Act, Articles 68, 69, and 79, as cited in “Perspectives in the Context of the CRC and CEDAW.”
2561
Children in this age range may work only 8 hours per day and no later than 8 p.m. See Labor Act,
Articles 173, 174, and 176, Annex 2, as cited in Child Labour in Turkey, 31.
2562
“Perspectives in the Context of the CRC and CEDAW.”
2563
Child Labour in Turkey at 29.
2564
Global Report 2001. See also “Perspectives in the Context of the CRC and CEDAW.”
2565
“Perspectives in the Context of the CRC and CEDAW.”
2566
Articles 435 and 436 of the Criminal Law protect children and youth under the age of 21 from
prostitution. Articles 429 through 434 of the Criminal Law concern the abduction of children for sexual
intentions and/or marriage. Article 436 of the Criminal Law specifically deals with the trafficking of
children under the age of 21 for sexual purposes. See “Perspectives in the Context of the CRC and
CEDAW.”
2567
Ibid.
350
The MLSS Labor Inspection Board is the government agency tasked with enforcing child
labor laws in Turkey. The MLSS has been unable to effectively enforce many of the child labor
laws because of a lack of inspectors trained in child labor issues and the numerous. field establish-
ments falling under their jurisdiction. There are approximately 70 trained inspectors to handle child
labor issues and nearly 4 million establishments subject to be inspection.2568 The Government of
Turkey ratified ILO Convention 138 on October 30, 1998,2569 and ILO Convention 182 on August
2, 2001.2570
2568
Ibid. See also Implemented Programs and Measure.
2569
ILO, ILOLEX database: Turkey, at http://ilolex.ilo.ch:1567/cgi-lex/.
2570
Ibid. at http://ilolex.ilo.ch:1567/cgi-lex/ratifce.pl?C182.
NOTE: Hard copies of all Web citations are on file.
351
Tuvalu
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The government receives assistance from UNDP and UNICEF for a variety of national and
regional programs that benefit children.2571 UNDP provides technical assistance to strengthen the
capacities of local governments on the Tuvalu islands and implements regional Basic Education,
Non-Formal Education, and Poverty Strategy Initiatives in the Pacific.2572 UNICEF’s programs
specifically address children’s health and education.2573
Statistics on the number of working children under the age of 15 in Tuvalu are unavailable.
Employment of children outside of the traditional economy rarely occurs.2574
Education is free of charge and compulsory between the ages of 6 and 15 years.2575 In
1998, the gross and net primary school enrollment rates were 100 percent.2576 Primary school
attendance rates are unavailable for Tuvalu. While enrollment rates indicate a level of commitment
to education, they do not always reflect children’s participation in school.2577
2571
UNDP, “Program Info: Tuvalu” [hereinafter “Program Info: Tuvalu”], at http://www.undp.org.fj/tuv/
tuvaluprog.htm on 11/8/01. See also UNICEF, “UNICEF’s Programme of Assistance to Pacific Island
Countries” [hereinafter “UNICEF’s Programme of Assistance”], at http://www.undp.org.jf/un/UNICEF/
UNICEF_PIC.htm on 10/10/01.
2572
“Youth Profile: Tuvalu,” Youth at the UN Country Profiles, at http://www.esa.un.org/socdev/unyin/
countrya.asp?countrycode’tv on 11/8/01. See also “Program Info: Tuvalu.”
2573
“UNICEF’s Programme of Assistance.”
2574
According to U.S. Department of State Pacific Desk Officer, “traditional economy” refers to informal
work that takes place in the home or on a family farm. See Country Reports on Human Rights Practices
for 2000—Tuvalu (Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports
2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/eap/index.cfm?docid’811.
2575
UNESCO, Pacific Subregion Statistical Indicators at http://www.unesco.org/focus/statpacedu.html on
11/13/01. See also UNESCO, The Education for All (EFA) 2000 Assessment: Country Report—Tuvalu, at
“http://www2.unesco.org/wef/countryreports/tuvalu/rapport_2.htm” http://www2.unesco.org/wef/
countryreports/tuvalu/rapport_2.htm on 12/14/01.
2576
UNESCO, Education for All: Year 2000 Assessment, (Paris, 2000) [CD-ROM].
2577
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
352
Child Labor Laws and Enforcement
The Employment Law sets the minimum age for employment at 14 years, although a child
must be 18 years old to sign a formal work contract.2578 The Employment Law also prohibits
industrial labor or work on any ship by children less than 15 years of age.2579 In addition, the
Constitution and the Penal Code prohibit forced labor.2580 The Penal Code criminalizes the pro-
curement of a child less than 18 years of age for prostitution, and although the law does not
specifically address trafficking in children, kidnapping or abducting children is illegal under the
Code.2581 Tuvalu is not a member of the ILO and therefore has not ratified any ILO Conventions
pertaining to child labor.2582
2578
Country Reports 2000.
2579
Ibid.
2580
Constitution of Tuvalu, 1978, Article 18(f), at http://www.vanuatu.usp.ac.fj/paclawmat/
Tuvalu_legislation-/Tuvalu_Constitution.html on 11/8/01. See also Tuvalu Penal Code, 1978, Article 249
[hereinafter Tuvalu Penal Code], at www.vanuatu.usp.ac.fj/Paclawmat/Tuvalu_legislation/Consolida-
tion_1978/Tuvalu_Penal_Code.html on 11/8/01.
2581
Tuvalu Penal Code at Articles 136, 242, 246, and 247.
2582
Alphabetical list of ILO member countries at http://www.ilo.org/public/english/standards/relm/
country.htm on 11/13/01).
NOTE: Hard copies of all Web citations are on file.
354
Uganda
Government Programs and Policies to Eliminate the Worst Forms of Child Labor
The Government of Uganda has been a member of ILO-IPEC since 1998.2583 In 1999, with
funding from USDOL, Uganda launched a National Program to Eliminate Child Labor, which
focuses on children working in commercial agriculture, construction, street children, commercial
sex and domestic workers, fishing, and cross-border smuggling/drug trafficking.284 The Ministry of
Gender, Labour and Social Development (MGLSD) established a Child Labor Unit to develop
policy on child labor and promote coordination and networking among the key stakeholders.2585 In
2000, the Uganda Bureau of Statistics (UBOS), with funding from the USDOL and technical
assistance from the ILO-IPEC’s SIMPOC, conducted a national survey on child labor.2586 Uganda
is also one of five countries participating in a USDOL-funded ILO-IPEC regional program to
combat child labor in the commercial agricultural sector.2587
The Universal Primary Education program was launched in 1997 to improve access to
education, improve the quality of education, and ensure that it is affordable, particularly for
children in nomadic areas.2588 The Alternative Basic Education for Karamoja program brings
literacy programs into the homes of children not attending formal school, and the Complementary
Opportunities for Primary Education initiative is for children ages 10 to16 years that never at-
tended school or dropped out before acquiring basic literacy and numerical skills.2589
2583
ILO-IPEC, “Programme Countries,” at http://www.ilo.org/public/english/standards/ipec/about/
countries/t_country.htm.
2584
Regina Mbabzi, ILO-IPEC coordinator, interview with USDOL official, August 14, 2000. See also
ILO-IPEC, National Programme on the Elimination of Child Labor in Uganda, project document (Geneva,
October 1998), rev. 1999 [hereinafter Elimination of Child Labor in Uganda], 3 [document on file].
2585
Children in Domestic Service: A Survey in Kampala District (Kampala, Uganda: FIDA, 2000), 14.
2586
The Uganda Bureau of Statistics was preparing a child labor report that was expected to be completed
by the end of 2001. See SIMPOC (Geneva, September 1999) [document on file].
2587
Among the institutions anticipated to play an active role in the project are the Federation of Uganda
Employers, the National Organization of Trade Unions, the National Union of Plantation and Agricultural
Workers, the World Food Program, UNICEF, Save the Children Norway, various government ministries,
and other nongovernmental and community-based organizations providing direct services to child
laborers. See ILO-IPEC, Targeting the Worst Forms of Child Labor in the Tea, Tobacco and Coffee
Sectors in Uganda (Geneva, September 2000) [document on file].
2588
Government of Uganda, Ministry of Education and Sports, The Ugandan Experience of Universal
Primary Education (UPE) (Kampala, July 1999) [hereinafter The Ugandan Experience of Universal
Primary Education] at 10.
2589
These are two examples of how the Government of Uganda works with international and multinational
agencies to provide education to the country’s children. See UNESCO, The Education for All (EFA) 2000
Assessment: Country Reports–Uganda, at http://www2.unesco.org/wef/countryreports/uganda/
contents.html.
354
Incidence and Nature of Child Labor
In 1999, the ILO estimated that 44.1 percent of children between the ages of 10 and 14
were working in Uganda.2590 In urban areas, children are employed in garages and metal work-
shops.2591 Children also sell small items on the streets, beg, wash cars, and scavenge.2592 Children
work on commercial farms, including tea, coffee, and tobacco.2593 The Government of Uganda
reports that some of the worst forms of child labor in the country include heavy domestic work,
commercial sex and sexual slavery, smuggling of merchandise across borders, and involvement in
military operations, and the work of children living on the streets.2594 Children have reportedly
been abducted by rebel groups from northern Uganda and forced into armed conflict in Uganda
and the Sudan.2595 They are used as human shields or hostages and are sometimes coerced into
sexual activity.2596
The Constitution states that a child is entitled to basic education, which is the responsibil-
ity of the State and the child’s parents.2597 However, education is not compulsory.2598 The Govern-
ment of Uganda waives the school fees for four children per family and provides free textbooks.2599
2590
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2591
Elimination of Child Labor in Uganda at 3.
2592
Sopie Kyagulanyi, legal assistant for the Foundation for Human Rights Initiative, Kampala, Uganda,
electronic correspondence to USDOL official, September 29, 2000 [hereinafter Kyagulanyi correspon-
dence].
2593
Kyagulanyi correspondence. According to a survey conducted by the Federation of Uganda Employ-
ers, of 115 enterprises involved in tea, coffee, sugar, and tobacco production, children perform a variety
of tasks, including harvesting tea and tobacco (25 percent), picking coffee beans (23 percent), weeding
(14 percent), slashing (9 percent), spraying (9 percent), and sorting tobacco (5 percent). See also The
Employers’ Effort in Eliminating Child Labour within the Formal Agricultural Sector in Uganda: A
Study Conducted by the Federation of Uganda Employers, April 1999, 22.
2594
Government of Uganda, Ministry of Labour and Social Welfare, Uganda’s Report and Position on
Child Labour, prepared for the OUA/ILO African Regional Tripartite Conference on Child Labour
(Kampala, January 1998), 6.
2595
Tom Barton, Alfred Mutiti, and the Assessment Team for Psycho-Social Programmes in Northern
Uganda, Northern Uganda Psycho-Social Needs Assessment (Kisubi, Uganda: Marianum Press, 1998)
[hereinafter Northern Uganda Psycho-Social Needs Assessment], vii, viii. The Lord’s Resistance Army
in the north and the Allied Democratic Forces in the southwest are reported to abduct children. There are
reports that the Government of Uganda recruited children to work as soldiers during the 1980s, but there
are no recent reports of such activity. See Coalition to Stop the Use of Child Soldiers, Global Report
2001: Uganda [hereinafter Global Report 2001], at http://www.child-soldier.org/report2001/countries/
uganda/html.
2596
Northern Uganda Psycho-Social Needs Assessment at vii-viii. See also U.S. Department of State,
Trafficking in Persons Report, July 2001, Uganda.
2597
Constitution of the Republic of Uganda, Article 34 (2) [hereinafter Constitution of the Republic
Uganda], at http://www.government.go.ug/constitution/chapt4.htm on 8/14/01.
2598
U.S. Embassy-Luanda, unclassified telegram 2989, September 2001 [hereinafter unclassified
telegram 2989].
2599
The Ugandan Experience of Universal Primary Education at 10.
355
In 1995, the gross primary attendance rate was 95.8 percent, and the net primary atten-
dance rate was 68.4 percent.2600 An estimated 94 percent of children reached grade five.2601 Pri-
mary school attendance rates are unavailable for Uganda. While enrollment rates indicate a level of
commitment to education, they do not always reflect children’s participation in school.2602
The Employment Decree of 1975, Section 50, sets the minimum age for employment at 12
years, except for light work as proscribed by the Minister of Labor by statutory order.2603 The
decree prohibits young persons from employment in dangerous and hazardous jobs and bans
children under age 16 from work at night or underground.2604 The Constitution of Uganda states
that children under 16 years have the right to be protected from social and economic exploitation
and that they should not be employed in hazardous work or work that would otherwise endanger
their health, physical, mental, spiritual, moral, or social development or that would interfere with
their education.2605 Children’s Statute No. 6 of 1996 also prohibits the employment of children
under 18 in work that may be harmful to their health, education, or mental, physical, or moral
development.2606
Article 125 of the Penal Code prohibits individuals from soliciting females for prostitution;
violation of this code is punishable by up to 7 years of imprisonment.2607 Owning or occupying a
premise where a girl under age 18 is sexually exploited is a felony, and offenders are subject to 5
years of imprisonment.2608 Under Article 123 of the Penal Code, rape of a girl under the age of 18
is an offense punishable by imprisonment with or without corporal punishment.2609 The minimum
2600
UNESCO, Education for All (EFA) 2000 Assessment (Paris: 2000) [CD-ROM].
2601
Ibid.
2602
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2603
Government of Uganda, Ministry of Labour and Social Welfare, Uganda’s Report and Position on
Child Labour, prepared for the OUA/ILO African Regional Tripartite Conference on Child Labour
(Kampala, January 1998) [hereinafter Uganda’s Report and Position on Child Labour], 25.
2604
Ibid. at 25, 26.
2605
Constitution of the Republic of Uganda, Articles 34 (4) (5).
2606
Uganda’s Report and Position on Child Labour at 25.
2607
Penal Code of Uganda, Article 125, as cited in the Protection Project Database, Country Report,
Uganda, January 2001, at http://www.protectionproject.org.
2608
Ibid.
2609
Deborah Serwada, Program Director, Hope after Rape, “Defilement,” paper presented at Report of the
Policy-Makers’ Seminar on Child Abuse, Uganda, June 7, 2000, 6.
356
age for military service is set at 18 years per the Armed Forces (Conditions of Service) Regula-
tions, although children age 13 and older may enroll with the permission of a parent or guard-
ian.2610 The Ministry of Gender, Labor and Social Development is the primary institution respon-
sible for investigating and addressing complaints related to child labor.2611 Uganda has not ratified
ILO Convention 138 but did ratify ILO Convention 182 on June 21, 2001.2612
2610
Global Report 2001..
2611
Unclassified telegram 2989.
2612
ILO, ILOLEX database, International Labour Standards and Human Rights Department, at http://
ilolex.ilo.ch:1567.
NOTE: Hard copies of all Web citations are on file.
357
Uruguay
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In December 2000, the Government of Uruguay created a National Committee for the
Eradication of Child Labor, and the government is in the process of becoming a member of ILO-
IPEC.2613 The National Child and Adolescent Institute (INAME), in collaboration with a local
NGO, provides parents of working children with monthly payments to cover the costs of schooling
in exchange for regular class attendance by their children.2614 Project Projoven, an initiative created
by the National Employment Council, the Ministry of Labor and Social Security, and the Sport and
Youth Ministry, encourages adolescents to improve their employment opportunities by offering
them skills training in non-hazardous work.2615 In May 2000, the Uruguayan Minister of Labor and
Social Security joined with labor ministers from other countries in the region to discuss regional
policies to fight child labor.2616
The National Food Institute implements projects to prevent and protect at-risk children
from early entrance into the labor market by offering them daycare services and healthy meals and
by providing their families with courses in nutrition.2617 The ILO’s Inter-American Center for
Research and Documentation on Professional Formation funds a number of projects to socially
integrate youth into schools and the greater community.2618 The National Administration of Public
Education (ANEP), an autonomous government agency, has developed a project to train teachers
and educate students on children’s rights.2619
2613
Country Reports on Human Rights Practices for 2000—Uruguay (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/httpt/
2000/wha/index.cfm?docid’834. See also ILO-IPEC, All About IPEC: Programme Countries, at http://
www.ilo.org/public/english/standards/ipec/about/countries/t_country.htm.
2614
U.S. Embassy - Montevideo, unclassified telegram 1824, September 2000 [hereinafter unclassified
telegram 1824].
2615
Programa de Capacitación e Inserción Laboral de Jóvenes, Uruguay, Oportunidades para los jóvenes,
at http://www.projoven.gub.uy on 11/13/01.
2616
The meetings included members of the Southern Cone Common Market (MERCOSUR). See unclassi-
fied telegram 1824.
2617
Asociación Uruguaya de Protección a la Infancia (AUPI), Centro de Atencion a la Infancia y a la
Familia (CAIF), Servicio de Asistencia Alimentaria Colectivizada (SAAC), Ministerio de Trabajo y
Seguridad Social. Instituto Nacional de Alimentacion, Asistencia, Educacion y Vigilancia Alimentaria
Nutricional, at http://www.inda.gub.uy/caif.htm on 11/13/01.
2618
ILO, Observatorio de experiencias: Uruguay, programas y proyectos ejecutados por el Instituto de
Educación Popular el Abrojo, at http://www.cinterfor.org.uy/public/spanish/region/ampro/cinterfor/temas/
youth/exp/uru/abrojo/index.htm on 11/07/01.
2619
Administración Nacional de Educación Pública (ANEP), Derechos del niño: Derechos deberes y
garantías, una propuesta pedagógica hacia un indicador de logro actitudinal, segunda parte del proyecto,
at http://www.anep.edu.uy/primaria/InformacionInstitucional/ProyectosCEP/Derechos1.htm on 11/13/01.
358
Incidence and Nature of Child Labor
In 1999, a survey conducted by the National Statistics Institute estimated that 12.7 percent
of children ages 12 to 17 in Uruguay were working.2620 Children work in agriculture, commerce,
and family-run businesses and as domestic servants.2621 Children as young as age 11 or 12 report-
edly engage in prostitution.2622 More children work in the interior of the country than in
Montevideo, the capital city.2623
Education is compulsory for a total of nine years, beginning at the primary level, and is
free from the pre-primary through the university level.2624 In 1996, the gross primary enrollment
rate was 111.7 percent, and the net primary enrollment rate was 92.9 percent.2625 Primary school
attendance rates are unavailable for Uruguay. While enrollment rates indicate a level of commit-
ment to education, they do not always reflect children’s participation in school.2626
The Children and Adolescents’ Code sets the minimum age for employment at 14
years.2627 However, in most cases, children must complete compulsory education in order to obtain
a work permit. The government permits some children over the age of 12 to work in family
businesses and children over the age of 13 to work in light, non-industrial work such as messen-
gers, newspaper deliverers, and fruit and flower pickers. Children under the age of 14 are prohib
2620
Instituto Nacional de Estadísticas, Indicadores de empleo y desempleo: Módulo de trabajo infantil,
cuadro 1, Oct. 3, 2000, at http://www.ine.gub.uy/bancodedatos/bdech%5Fmódulo%5Ftrab% 5Finfant.htm.
The incidence of working boys is greater than that of working girls, and this ratio increases in rural areas.
See Oficina Internacional de Trabajo, Trabajo infantil en los paises del MERCOSUR: Argentina, Brasil,
Chile, Paraguay, Uruguay, Chapter 5, “Uruguay” (Lima, Peru, 1998) [hereinafter Trabajo infantil en los
paises del MERCOSUR], 99.
2621
Trabajo infantil en los paises del MERCOSUR at 99.
2622
http://www.ecpat.net/eng/Ecpat_inter/projects/monitorin/online_database/.
2623
Trabajo infantil en los paises del MERCOSUR at 99.
2624
Unclassified telegram 1824.
2625
UNESCO, Education for All: Year 2000 Assessment, (Paris, 2000) [CD-ROM].
2626
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2627
ILO, NATLEX database, 1934-04-06, Ley núm. 9342, por la que se dicta el Código del niño, at http://
natlex.ilo.org/Scripts/natlexcgi.exe?lang’S&doc’query&ctry’URY&llx’12.01.
359
ited from working more than 2 hours per day.2628 Adolescents between the ages of 15 and
18 are prohibited from working more than six hours daily and 36 hours weekly in the industrial
sector.2629 All working children under the age of 18 must obtain a work card issued by the National
Child and Adolescent Institute and must provide it to their employers.2630 A draft Code of the
Child, intended to harmonize the Children and Adolescent’s Code to the stipulations of the UN
Convention on the Rights of the Child has been introduced into the legislative process.2631 Article
294 of the Uruguayan Penal Code prohibits procuring a person for prostitution.2632 The trafficking
of children and child pornography are criminal offenses in Uruguay.2633
The Ministry of Labor and Social Security is responsible for enforcing labor laws.2634
Uruguay ratified ILO Convention 138 on June 2, 1977, and ILO Convention 182 on August 3,
2001.2635
2628
Ministerio de Educación y Cultura, Instituto Nacional de la Juventud, Trabajo de Menores, 5,
Capacidad para Contratar a Menores, 1, Edad minima, at http://www.mec.gub.uy/inju/trabajo.htm on 10/
05/00.
2629
An exception to this regulation is that adolescents 16 years of age and older may work 8 hours daily in
industrial activities that do not compromise their physical or moral health.
2630
Work cards must contain a medical certificate reflecting the child’s good health and parental authori-
zation. During the first 9 months of 2000, National Institute for Children (INAME) issued approximately
1,445 work cards to children between the ages of 14 and 18, with three-fourths of these going to boys. See
unclassified telegram 1824.
2631
Country Reports 2000 at Section 5. In the new code, the INAME, along with the Ministries of Health,
Labor and Social Security, and the National Security Bank, would be responsible for periodically estab-
lishing a list of the worst forms of child labor. See also untitled article, Hace 9 anos que las Naciones
Unidas aprobaron la convencion sobre los derechos del nino, el mayor derecho, el de los ninos, at http://
www.140/buscador/1998/11noviembre/981120/soci2.html.
2632
If the victim is younger than 14 years, the punishment is 4 years of imprisonment. See PNUD contra
violencia: Leyes, Uruguay, at http://www.undp.org/rblac/gender/campaign-spanish/uruguay.htm on 11/7/01.
2633
Unclassified telegram 1824.
2634
Trabajo infantil en los paises del MERCOSUR at 101.
2635
ILO, ILOLEX database, at http://ilolex.ilo.ch:1567/scripts/ratifce.pl?C182 on 11/14/01.
NOTE: Hard copies of all Web citations are on file.
360
Uzbekistan
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
An education reform program began in 1997 that includes provisions for increasing the
length of compulsory education and improved pre-professional training.2636 UNICEF is implement-
ing education sector projects that particularly benefit children with disabilities and aim to create
safe school environments.2637
In 2000, UNICEF estimated that 23.4 percent of children between the ages of 5 and 15 in
Uzbekistan were working.2638 Children work in agriculture in rural areas, where large-scale,
compulsory mobilization of children to help with cotton harvests has been reported.2639 Schools
allegedly close in rural areas to allow for child labor during the cotton harvest.2640 Various nongov-
ernmental organizations have reported that incidents of sexual exploitation of young women are
increasing, although exact numbers are not available.2641 Girls and young women are trafficked
within Uzbekistan, and to Turkey, the Persian Gulf, and South Korea, for the purposes of sexual
exploitation.2642
2636
UNICEF, Multiple Indicator Cluster Survey, Republic of Uzbekistan, December 5, 2000 at http://
www.childinfo.org/MICS2/natlMICSrepz/Uzbekistan/UZBA_MICS_REPORT_Final%20%20.pdf on 1/4/
02 at 11.
2637
UNICEF, Sub-Regional Programme for Afghanistan, Pakistan, Tajikistan, Turkmenistan, Uzbekistan
and Iran, October 2001-March 2002, at http://www.unicef.org/emerg/Country/Afghanistan/
SubReg0110.htm on 10/24/01.
2638
Multiple Indicator Cluster Survey 2, 2000 as cited in Understanding Children’s Work at www.ucw-
project.org/resources/index.html on 1/4/02.
2639
There has been an increase in the number of street children in Tashkent and other cities, although there
are no reports on their work in the informal sector. See Country Reports on Human Rights Practices for
2000—Uzbekistan (Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country Reports
2000], Section 6c, at http://www.state.gov/g/drl/rls/hrrpt/2000/eur/858.htm. See also Ministry of Public
Education letter regarding forced cotton-picking practices, August 30, 2000 [document on file], and UN
Committee on the Rights of the Child, Concluding Observations of the Committee on the Rights of the
Child, Uzbekistan, UN Document CRC/C/15/Add.168 (Geneva, October 12, 2001) [hereinafter Conclud-
ing Observations of the Committee on the Rights of the Child], para. 63.
2640
Country Reports 2000 at Section 6c.
2641
International Helsinki Federation for Human Rights, Women 2000: An Investigation into the Status of
Women’s Rights: Uzbekistan (Vienna, 2000) [hereinafter Women 2000], 505-6. See also Country Reports
2000 at Section 5.
2642
Women 2000 at 505-6. See also Country Reports 2000 at Section 6f.
361
Education is compulsory for nine years.2643 In 1998, the gross primary enrollment rate was
99.6 percent, and the net primary enrollment rate was 87.8 percent.2644 Primary school attendance
rates are unavailable for Uzbekistan. While enrollment rates indicate a level of commitment to
education, they do not always reflect children’s participation in school.2645 Declining enrollment
and high dropout, repetition, and absenteeism rates in both primary and secondary schools have
been reported.2646
The Labor Code sets the minimum age for employment at 16 years, although students at
age 14 may perform light work after school hours in limited, non-hazardous occupations.2647 The
Labor Code also prohibits children less than 18 years of age from working under unfavorable labor
conditions and establishes limited work hours for minors.2648 The Constitution prohibits forced
labor except when fulfilling a court sentence.2649 The Criminal Code prohibits the abduction and
recruitment of children for the purposes of exploitation.2650 Prostitution is punishable under the
Administrative Code.2651 Uzbekistan has not ratified either ILO Convention 138 or ILO Conven-
tion 182.2652
2643
Country Reports 2000 at Section 5b.
2644
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2645
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2646
Concluding Observations of the Committee on the Rights of the Child at para. 57.
2647
With the consent of a parent or guardian, children may be admitted to employment at the age of 15.
See UN Committee on the Rights of the Child, Initial Reports of States Parties Due in 1996: Uzbekistan,
UN Document CRC/C/41/Add.8 (Geneva, February 19, 2001) [hereinafter Initial Reports of States
Parties], para. 314.
2648
The government issued a list of jobs that fall into the category of “unfavorable labor conditions,”
which include drilling, chemical production, construction, and working underground. Children between 16
and 18 years of age may not work more than 36 hours a week, and children between 15 and 16 years of
age (and school children between 14 and 16 years of age working during holidays) may not work more
than 24 hours a week. See Resolution of the Ministry of Labor and the Ministry of Health Care on
Approval of the List of Works with Unfavorable Labor Conditions [document on file]. See also Initial
Reports of States Parties at paras. 315, 318, and 324.
2649
Constitution of the Republic of Uzbekistan, December 8, 1992, at http://www.ecostan.org/Laws/uzb/
uzbekistancon.html on 10/24/01. See also Country Reports 2000.
2650
Initial Reports of States Parties at para. 150. Penalties vary depending on the crime, ranging from
fines to imprisonment of up to 5 years. See Articles 135 and 137 of the Criminal Code, as cited in Women
2000 at 505-6.
2651
U.S. Embassy-Tashkent, unclassified telegram no. 3065, August 2000.
2652
ILO, ILOLEX database: Uzbekistan, at http://ilolex.ilo.ch:1567/english/newratframeE.htm on 10/24/01.
NOTE: Hard copies of all Web citations are on file.
362
Vanuatu
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
Statistics on the number of working children in Vanuatu under age 15 are unavailable, but
there are no indications that abusive child labor exists, nor have there been any reports of bonded,
forced, or compulsory labor involving children in the pacific island nation.2655
2653
“Broadening Opportunities for Education,” Pacific Human Development Report, 1999 [hereinafter
“Broadening Opportunities for Education”], at 44.
2654
UNICEF, “Assistance to Pacific Island Countries,” at http://www.undp.orgfj/un/UNICEF/
UNICEF_PIC.htm.
2655
Country Reports on Human Rights Practices for 2000—Vanuatu (Washington, D.C.: U.S. Department
of State, 2001) [hereinafter Country Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/
2000/eap/index.cfm?docid’814).
2656
Ibid. at Section 5.
2657
“The Situation of Youth,” UN Country Profiles, Vanuatu, at http://www.righttoeducatioin.org/
unreports.unreport5prt3.html.
2658
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2659
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
2660
“Broadening Opportunities for Education” at 42.
2661
Ibid. at 40, 45.
363
Child Labor Laws and Enforcement
Under the Labor Code, children below the age of 12 are prohibited from working outside
of family-owned operations involved in agricultural production. Children between the ages of 12
and 18 are restricted from working at night or in the shipping industry.2662 Forced labor is also
prohibited by law.2663 Vanuatu is not a member of the ILO and has not ratified ILO Conventions
on child labor.2664
2662
Country Reports 2000 at 6d.
2663
Ibid at 6c.
2664
ILO, Ratifications of Fundamental ILO Conventions, at http://webfusion.ilo.org/public/db/st.
NOTE: Hard copies of all Web citations are on file.
2665
IPEC, “All About IPEC: Programme Countries,” at http://www.ilo.org/public/english/standards/ipec/
about/countries/t_country.htm.
2666
UN Committee on the Rights of the Child, Initial Reports of States Parties Due in 1992, supplemen-
tary report, addendum, Venezuela, UN Document CRC/C/3/add.59 (Geneva, 1999) [hereinafter Initial
Reports of States Parties], 69-75.
2667
Comisión Andina de Juristas, “España ayuda a Venezuela a erradicar trabajo infantil,” March 22, 2000
364
Venezuela
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Venezuela has been a member of ILO-IPEC since 1996.2665 In 1997,
the government created the National Commission for the Eradication of Child Labor and Protec-
tion of Child Workers with responsibilities for collaborating with ILO-IPEC on child labor elimi-
nation projects and encouraging and strengthening coordination among national and international
public and private institutions in an effort to combat child labor.2666 In 2000, ILO-IPEC, with the
support of the Spanish government, implemented a project to eliminate the commercial sexual
exploitation of girls in Venezuela.2667 The Ministry of Labor and the Ministry of Social Develop-
ment are currently working together on a government study of the child labor situation in the
country.2668
The government has collaborated with UNESCO to develop an Education for All plan to
increase primary school enrollment and completion rates, improve educational achievement, and
expand basic education services and training in essential skills for youth.2669 The National Institute
for Minors has made efforts to address the commercial sexual exploitation of children by establish-
ing Local Social Protection networks for children and adolescents who are at high social risk.2670
365
Incidence and Nature of Child Labor
In 1999, the ILO estimated that less than 1 percent of children between the ages of 10 and
14 in Venezuela work.2671 Children are engaged in selling goods on the streets, shining shoes,
bagging groceries at supermarkets, guarding and washing cars, guiding the blind, and helping in
family businesses (including family farms).2672 Children are also involved in begging, petty theft
on the streets, prostitution, and drug trafficking.2673 Although child labor is not reported to be a
significant problem in the manufacturing sector, some girls work in their homes helping their
mothers sew garments on a piecework basis.2674
There are reports that children from Venezuela have been abducted and used as child
soldiers by the Fuerzas Armadas Revolucionarias de Colombia (FARC) in Colombia.2675 Some
children are trafficked from other South American countries to work in the capital as street vendors
and domestic servants.2676
Education is free and compulsory up to grade nine.2677 In 1996, the gross primary enroll-
ment rate was 91.3 percent, and the net primary enrollment rate was 83.8 percent.2678 Primary
school attendance rates are unavailable for Venezuela. While enrollment rates indicate a level of
commitment to education, they do not always reflect children’s participation in school.2679 Al-
though primary education is universal in Venezuela, school dropout and repetition rates are
high.2680 Children in some regions of the country do not have access to schools and have limited
access to materials and textbooks.2681 There are insufficient well-trained teachers in some areas.2682
2674
Unclassified telegram 2626.
2675
Coalition to End the Use of Child Soldiers, Global Report 2002: Venezuela, at http://www.child-
soldiers.org/report2001/countries/venezuela.html.
2676
Country Reports 2000 at Section 6f. See also “Commercial Sexual Exploitation of Women and
Children.”
2677
EFA 2000.
2678
World Development Indicators 2001.
2679
For a more detailed discussion on the relationship between education statistics and work, see Intro-
duction to this report.
2680
UN Committee on the Rights of the Child, Concluding Observations of the Committee on the Rights of
the Child, Venezuela, UN Document No. CRC/C/15/Add.109 (Geneva, February 11, 1999), D.7.
2681
Ibid.
2682
Ibid.
2683
Ley orgánica de trabajo, Title V, Chapter 2, Article 254, 1997 [hereinafter Ley orgánica de trabajo], at
http://natlex.ilo.org/txt/S97VEN01.htm. For information about the Ley Tutelar de Menores, see IPEC-
Government of Venezuela, “Programa internacional para la erradicación del trabajo infantil” (SRITI,
1995) [hereinafter “Programa internacional para la erradicación del trabajo infantil”], 25.
2684
Ley orgánica de trabajo at Title V, Chapter 1, Article 247.
366
Child Labor Laws and Enforcement
The Labor Code of 1997 and the Minor’s Protection Law set the minimum age for em-
ployment at 14 years.2683 Children under the age of 14 are prohibited from working in businesses,
establishments, and industrial, mining, and commercial enterprises.2684 Children between the ages
of 12 and 14 can work under certain circumstances with the permission of the National Children’s
Institute and the Ministry of Labor, provided that they are employed in work suited to their physi-
cal capacity and are guaranteed an education.2685 Children ages 14 to 16 can work only with the
permission of their parent or legal guardian or another appropriate authority.2686 In most cases,
children under the age of 16 are not permitted to work more than 6 hours a day (in two shifts of no
more than 4 hours each) and 30 hours a week. Children under the age of 18 cannot work at
night.2687 Forced labor is prohibited under Article 32 of the Labor Code.2688
Articles 388 and 389 of the Criminal Code prohibit inducing the prostitution of minors and
the corruption of minors.2689 There are no laws that specifically prohibit child pornography,
although laws protecting minors from abuse may be used to prosecute cases of child pornogra-
phy.2690 The Constitution prohibits trafficking in persons.2691 The Ministry of Labor, the National
Institute for Minors, and the Prosecutor General’s office enforce child labor laws. These laws are
enforced effectively in the formal sector but are not well enforced in the informal sector.2692
Venezuela ratified ILO Convention 138 on July 15, 1987, but has not ratified ILO
Convention 182.2693
2685
Ibid.
2686
Ibid. at Title V, Chapter 1, Article 248.
2687
Ibid. at Title V, Chapter 1, Articles 254 and 257. The same restriction for children is also included in
“Programa internacional para la erradicación del trabajo infantil” at 25.
2688
Ley orgánica de trabajo at Title V, Chapter 3, Article 32.
2689
“Commercial Sexual Exploitation of Women and Children.”
2690
Ibid.
2691
Country Reports 2000.
2692
Ibid. at Sections 6d, 6f.
2693
ILO, Ratifications of the ILO Fundamental Conventions, at http://www.ilolex.ilo.ch:1567/english/
2694
ILO-IPEC, National Program on the Elimination of Child Labor in Yemen, project document [herein-
after National Program on the Elimination of Child Labor], at 13-15.
2695
Ibid. at 14.
2696
U.S. Embassy-Sanaa, unclassified telegram no. 1092, March 2001.
367
Yemen
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1999, the ILO estimated that 19.2 percent of children between the ages of 10 and 14
were working in Yemen.2697 The majority of children work in the rural agricultural sector.2698
Children are also reported to work as domestic laborers and in the retail, fishing, construction,
transport, and industrial sectors.2699 In urban areas, children work in stores and workshops, sell
goods on the street, and beg.2700
Education is free and compulsory for nine years.2701 According to the Constitution, educa-
2697
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2698
The economic crisis within the country and lack of social security benefits force many families to
push their children into subsistence agriculture. See Government of Yemen, Children and Women in
Yemen: A Situation Analysis (UNICEF and Radda Barnen, 1998) [hereinafter Children and Women in
Yemen], 107. See also Bjorne Grimsrud, Working Children in Yemen: Who Are They? A Study of Child
Labour in Yemen, a report produced for the Yemen General Federation of Workers Trade Unions (ILO-
FAFO, 1999) [hereinafter Working Children in Yemen], 19, and Country Reports on Human Rights
Practices for 2000—Yemen (Washington, D.C.: U.S. Department of State, 2001) [hereinafter Country
Reports 2000], Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/nea/index.cfm?docid’826.
2699
Working Children in Yemen at 18-21. See also Children and Women in Yemen at 104.
2700
Children and Women in Yemen at 107.
2701
Preliminary Report of the Special Rapporteur on the Right to Education, Ms. Katarina Toma_evski,
submitted in accordance with Commission on Human Rights Resolution 1998/33, UN Document E/CN.4/
1999/4913 (Geneva: UN Economic and Social Council, January 1999), at http://www.right-to-
education.org/unreports/unreport1prt3.html#tabel6 on 12/26/01. See also Solita Sarwono, “Women of
Yemen Still Denied Their Basic Rights,” Jakarta Post, March 13, 2000, at http://users.bart.nl/~lisako/
yemen.htm on 12/26/01. See also Country Reports 2000 at Section 5.
2702
Constitution of Yemen, Article 53, 1994, at http://www.al-bab.com/yemen/gov/con94.htm on 12/21/01.
2703
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2704
For a more detailed discussion on the relationship between education statistics and work, see Introduc-
tion to this report.
368
tion is a public right and basic education is obligatory.2702 In 1998, the gross primary enrollment
rate was 68 percent. Boys enrolled at a rate of 89.1 percent, while girls enrolled at only 45.1
percent.2703 Primary school attendance rates are unavailable for Yemen. While enrollment rates
indicate a level of commitment to education, they do not always reflect children’s participation in
school.2704 The Ministry of Education reported that nearly 200,000 boys dropped out of school in
1999. Child labor is reported to interfere with school attendance, particularly in the agriculture and
domestic service sectors.2705
There is no clearly established minimum age for employment in Yemen.2706 The Labor
Law of 1995 requires that children under 15 years of age obtain the consent of a parent in order to
work, limits the number of hours children under 15 may work, and forbids overtime or night
work.2707 The Labor Law also prohibits children from working in hard or hazardous conditions.2708
The Constitution of 1994 states that no citizen may be forced to do any work except within the
law.2709 The Penal Code prohibits procuring another person for immoral purposes and prohibits a
man from allowing a female under his guardianship to engage in prostitution.2710 The Penal Code
also criminalizes trafficking of persons.2711 The Ministry of Labor and Vocational Training is
responsible for enforcing child labor laws,2712 but enforcement is reported to be weak, particularly
in rural or remote areas.2713 The Government of Yemen ratified ILO Convention 138 and ILO
Convention 182 on June 15, 2000.2714
2705
National Program on the Elimination of Child Labor at 7, 8.
2706
Labor Law No. 5 of 1995 defines a working child as an individual younger than 15 years old. How-
ever, the law does not specify a minimum age for employment. The 1995 Labor Law is a relaxation of the
Labor Law of 1970, which set a minimum age of 12 years and established regulations for working
children between 12 and 15 years old. See National Program on the Elimination of Child Labor at 4.
2707
Children and Women in Yemen at 110.
2708
Ibid. at 105.
2709
Constitution of Yemen, Article 29, 1994, at http://www.al-bab.com/yemen/gov/con94.htm on 12/21/01.
2710
Penal Code, Articles 179, 180, as cited in UN Committee on the Rights of the Child, Second Periodic
Reports of States Parties due in 1998: Yemen, UN Document CRC/C/70/Add.1 (Geneva, July 23, 1998)
[hereinafter Second Periodic Reports of States Parties], para. 91.
2711
Penal Code, Article 248, as cited in Second Periodic Reports of States Parties at para. 91.
2712
National Program on the Elimination of Child Labor at 11.
2713
Country Reports 2000 at Section 6d.
2714
ILO, ILOLEX database: Yemen, at http://ilolex,ilo.ch:1567/cgi-lex.
NOTE: Hard copies of all Web citations are on file.
2715
ILO-IPEC, “National Programme on the Elimination of Child Labour in Zambia” (Geneva, 1999)
[hereinafter “Elimination of Child Labour in Zambia”], 5.
2716
ILO-IPEC, Prevention, Withdrawal and Rehabilitation of Children in Hazardous Work in the Commer-
cial Agricultural Sector in Africa: Country Annex for Zambia, (Geneva, 2000) [hereinafter Prevention,
369
Zambia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The government is also seeking to improve education alternatives. The “Educating Our
Future” policy and the Basic Education Sub-Sector Investment Program aim to improve the quality
of schooling, assist disadvantaged children and families who are unable to afford the costs of
education, and achieve universal primary education by the year 2005.2718 In addition, the Govern-
ment of Zambia and UNICEF are cooperating to implement an education advocacy program, with
prime focus on young girls and gender sensitivity in schools.2719
In 1999, a child labor survey conducted by the Zambia Central Statistical Office, in
cooperation with ILO-IPEC, estimated that 58 percent of children under age 15 were working in
Zambia.2720 About 96 percent of working children are engaged in agriculture-related activities in
370
rural areas.2721 Child labor is found in a variety of economic activities, including quarrying and
mining, carpentry, street vending, food production, and trading.2722 Children also work as domestic
servants, and an increasing number of younger children are forced into exploitative work, such as
prostitution, as a means of survival.2723 In addition, the spread of HIV/AIDS has led to a dramatic
increase in the number of orphans and street children, many of who engage in various forms of
child labor, such as carrying parcels or guarding cars.2724 According to UNICEF, more than
600,000 children have been orphaned because of HIV/AIDS in Zambia—the highest number in
Africa.2725
Education is not free or compulsory in Zambia.2726 In 1998, the gross primary enrollment
rate was 101 percent, and the net primary enrollment rate was 85.4 percent.2727 In 1996, primary
school net attendance was 67.4 percent.2728 According to USAID, of those who enter grade one,
one-third fail to complete their education through grade seven.2729 Girls’ attendance tends to be
lower than that of boys, especially in rural areas.2730
NHPP) [hereinafter Orphans and Vulnerable Children], Section 2, and “Elimination of Child Labour in
Zambia” at 2.
2723
Deputy Permanent Secretary P. E. Mutant and Labor Commissioner E. J. Miranda, Ministry of Labor
and Social Security, interview with USDOL official, August 4, 2000. See also “1999 Child labor Survey”
at Section 4.1.1.
2724
Children are the heads of about 7 percent of all households in Zambia as a result of the death of both
parents due to HIV/AIDS. See Prevention, Withdrawal and Rehabilitation of Children at 64. See also Line
Eldring, Sabata Nakanyane, and Malehoko Tshoaedi, Child Labour in the Tobacco-Growing Sector in
Africa, report prepared for the IUF/ITGA/BAT conference on the Elimination of Child Labour, Nairobi,
October 8-9, 2000 [hereinafter Child Labour in the Tobacco-Growing Sector in Africa], 79, and Orphans
and Vulnerable Children.
2725
Peter McDermott, UNICEF, interview with USDOL official, Lusaka, August 4, 2000. See also Child
Labour in the Tobacco-Growing Sector in Africa at 79.
2726
Child Labour in the Tobacco-Growing Sector in Africa at 79.
2727
UNESCO, Education for All: Year 2000 Assessment, (Paris, 2000) [CD-ROM].
2728
USAID, Global Education Database, Washington, D.C., 2000 [CD-ROM].http://www.usaid.gov/
educ_training/ged.html
2729
USAID, “Overview of USAID Basic Education Programs in Sub-Saharan Africa III,” Technical Paper
No. 106, SD Publication Series, Office of Sustainable Development, Bureau for Africa, Washington, D.C.,
February 2001 [hereinafter “USAID Basic Education Programs in Sub-Saharan Africa III”], 95
2730
Enrollment of girls is also lower than that of boys (approximately 10 percent lower in 1999), and this
gender disparity appears to be growing. Dropout rates are also higher for girls. See “USAID Basic
Education Programs in Sub-Saharan Africa III” at 95. See also UNICEF, “Children in Jeopardy: The
Challenge of Freeing Poor Nations from the Shackles of Debt” (New York, 1999) [hereinafter “Children
in Jeopardy”], 5.
2731
Constitution of the Republic of Zambia, Article 14, August 1991 [hereinafter Constitution of the
Republic of Zambia], on 11/6/01. The Constitution states that “no young person shall be employed and
shall in no case be caused or permitted to engage in any occupation or employment which would prejudice
his health or education or interfere with his physical, mental or moral development.”
371
Child Labor Laws and Enforcement
The Constitution (1991) prohibits forced labor and establishes legal protection from
exploitative work for Ayoung persons,@ defined as under the age of 15.2731 The Employment of
Young Persons and Children Act (1933), Chapter 274, establishes 14 as the minimum age for
employment.2732 The Constitution also prohibits trafficking of children under 15 years old.2733
There have been no prosecutions for violations of child labor regulations since 1997.2734 The
Ministry of Labor and Social Security (MLSS) is responsible for enforcing labor laws. Zambia
ratified ILO Convention 138 on February 9, 1976, and ratified ILO Convention 182 on December
10, 2001.2735
2732
The Employment of Young Persons and Children Act (1933), Chapter 274, as cited in Prevention,
Withdrawal and Rehabilitation of Children at 65.The Employment of Young Persons and Children Act
states that “a young person shall not be employed on any type of employment or work, which by its nature
or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of that
young person.”
2733
Constitution of the Republic of Zambia.
2734
U.S. Embassy—Lusaka, unclassified telegram no. 3288, September 2001. See also Prevention,
Withdrawal and Rehabilitation of Children at 65 and Country Reports on Human Rights Practices for
2000—Zambia (Washington, D.C.: U.S. Department of State, 2001), Section 6d, at http://www.state.gov/
g/drl/rls/hrrpt/2000/af/index.cfm?docid’849.
2735
ILO, ILOLEX database: Zambia, at http://www.ilolex.ilo.ch:1567/english/newratframeE.htm http://
ilolex.ilo.ch:1567/cgi-lex on 11/6/01.
NOTE: Hard copies of all Web citations are on file.
372
Zimbabwe
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of Zimbabwe is making efforts to incorporate child labor issues into the
plans and policies of several government ministries, such as the Ministries of Health and Educa-
tion.2736 The Government of Zimbabwe is in the preliminary stages of cooperating with ILO-IPEC 2737
and has conducted a national child labor survey with technical assistance from ILO-IPEC’s
SIMPOC.2738
Zimbabwe has made progress in the education sector by promoting better access to schools
and improving the quality of schooling.2739 Since 1980, overall primary school attendance has
increased by over 4,000 percent.2740 The government plans to build more schools and expand
existing schools to take on more students, provide scholarships or cover education costs for poor
children through the Social Development Fund and other social safety nets, and continue training
staff and improving school facilities. From 1990 to 1999, the number of training centers for out-of-
school youth has increased from 3 to 15 nationwide.2741
2736
The Ministry of Health included child labor in its 1992 portfolio Child Welfare, and it chaired the
meeting to develop the National Action Plan for Children, which establishes child labor as a problem area
and called for improved legal protection of working children. The Ministry of Education policy position
supports the right of working children to attend school and warns that child labor should not undermine
schooling. See Child Labour in Commercial Agriculture in Africa, technical workshop on child labor in
commercial agriculture in Africa, August 27-30, 1996, Dar es Salaam, United Republic of Tanzania
(Geneva: ILO, 1997), at http://www.ilo.org/public/english/standards/ipec/publ/policy/papers/africa/
index.htm on 11/30/01.
2737
LO-IPEC, “All About IPEC: Programme Countries,” at http://www.ilo.org/public/english/standards/
ipec/about/countries/t_country.htm on 9/21/01.
2738
Government of Zimbabwe, Central Statistical Office, Ministry of Public Service, Labour, and Social
Welfare, National Child Labour Survey, Country Report, Zimbabwe, 1999 (Harare: ILO, 1999) [hereinaf-
ter National Child Labour Survey], 53, at http://www.ilo.org/public/english/standards/ipec/simpoc/
zimbabwe/report/index.htm.
2739
Line Eldring, Sabata Nakanyane, and Malehoko Tshoaedi, Child Labour in the Tobacco Growing
Sector in Africa, report prepared for the IUF/ITGA/BAT conference on Elimination of Child Labor,
October 8-9, 2000, (Nairobi: FAFO, 2000) [hereinafter Child Labour in the Tobacco Growing Sector], 84.
2740
Country Reports on Human Rights Practices for 2000—Zimbabwe (Washington, D.C.: U.S. Depart-
ment of State, 2001) [hereinafter Country Reports 2000], Section 5, at http://www.state.gov/g/drl/rls/hrrpt/
2000/af/index.cfm?docid’852.
2741
UNESCO, The Education for All (EFA) 2000 Assessement: Country Reports–Zimbabwe, at http://
www2.unesco.org/wef/countryreports/zimbabwe/contents.html.
373
Incidence and Nature of Child Labor
In 1999, a child labor survey conducted by the Zimbabwe Central Statistics Office, in
cooperation with ILO-IPEC, estimated that 33 percent of children between the ages of 5 and 14 in
Zimbabwe were working.2742 Over 90 percent of working children reside in rural areas.2743 Chil-
dren work in a variety of sectors including traditional and commercial farming, domestic work,
small-scale mining and gold panning, micro industries, and informal economic activities.2744
According to the 1992 census, an estimated 800,000 children in Zimbabwe live on large-scale
commercial farms, and children as young as 10 to 12 years of age have been reported to work on
cotton, tea, and tobacco farms. Many children on commercial farms work for long hours in the
fields, often in exchange for education at farm boarding schools.2745
In 1999, there were a reported 12,000 street children in Harare, and the number is said to
be increasing across the country.2746 Street children are found selling wares or watching cars.2747 A
rising number of children under 17 years are engaged in prostitution, and children are reportedly
trafficked to South Africa for purposes of prostitution and forced labor.2748 The traditional practice
of offering a young girl as payment in an inter-family feud continues to occur in Zimbabwe.2749
The child labor situation is also affected by the prevalence of HIV/AIDs, which has left nearly one
million children orphaned and reliant on informal work to supplement lost family income.2750
2742
Fourteen percent of children between ages 5 and 17 were found to work over 3 hours per day. See
National Child Labour Survey at 53.
2743
In rural areas, 53 percent of working children are boys. In urban areas, the percentages of working
boys and girls are equal. See National Child Labour Survey at xii.
2744
Child Labour in the Tobacco Growing Sector at 87.
2745
Commercial farming accounts for 40 percent of Zimbabwe’s foreign exchange earnings and 15
percent of the national GDP. While it is unknown how many children work on the farms, child labor is
reported to be widespread. Children work after school during the planting and harvesting seasons and full
time during holidays. Special boarding schools on the farms allow children to work during busy seasons.
See Child Labour in the Tobacco Growing Sector at 87. See also Country Reports 2000, Section 6d, and
USDOL, By the Sweat and Toil of Children: Child Labor in Commercial Agriculture, vol. 2 (Washington,
D.C.: U.S. Department of Labor, 1995), 39-44.
2746
Country Reports 2000 at Sections 5. See also U.S. Embassy-Harare, unclassified telegram no. 2971,
October 2001 [hereinafter unclassified telegram 2971].
2747
A University of Zimbabwe study in 1991 surveyed children working in the streets in five areas of
Zimbabwe and found that 85 percent spent part of their time in trading centers and returned home at the
end of the day, while 15 percent worked and lived in the streets. See unclassified telegram 2971. See also
National Child Labour Survey at 9.
2748
Unclassified telegram 2971.
2749
Ibid.
2750
Ibid. See also Country Reports 2000 at Section 5.
374
Education is not free or compulsory.2751 Primary and secondary school fees were reintro-
duced under the country’s Economic Structural Adjustment Program of 1991.2752 In 1997, gross
primary school enrollment was 112.4 percent.2753 In 1994, the gross primary attendance rate was
108.9 percent, and the net primary attendance rate was 84.6 percent.2754 Certain segments of the
educational system are particularly weak, including schools in the suburbs, on large-scale farms,
and in refugee camps.2755 Few commercial farms have schools, and landowners have reportedly
suspended children from attending if the children refuse to work for them.2756
2751
Country Reports 2000 at Section 5.
2752
Child Labour in the Tobacco Growing Sector at 84. See also World Bank, “Structural Adjustment and
Zimbabwe’s Poor,” Operations Evaluation Department, at http://wbln0018.worldbank.org/oed/
oeddoclib.nsf/e90210f184a4481b85256885007b1724/
15a937f6b215a053852567f5005d8b06?OpenDocument on 1/10/01.
2753
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001) [CD-ROM].
2754
In 1994 the gross primary enrollment rate was 111 percent. See USAID, GED 2000: Global Education
Database (Washington, D.C., 2000), at http://www.usaid.gov/educ_training/ged.html.
2755
Child Labour in the Tobacco Growing Sector at 84.
2756
Child Labour in the Tobacco Growing Sector at 84. See also Rene Loewenson, Child Labour in
Commercial Agriculture in Zimbabwe: Report of a Case Study (Harare: ILO-IPEC, March 1995), 7.
According to an April 2001 report in the Daily News, 125,000 children living on farms in Zimbabwe do
not attend classes because there are no schools. See IRIN News, “Zimbabwe: 125,000 Children on Farms
Not Attending School,” UN Office for the Coordination of Humanitarian Affairs (Johannesburg, April 18,
2001), at http://www.irinnews.org/ on 12/6/01.
2757
Light work is defined as anything that will not infringe upon a child’s education, health, safety, rest, or
social, physical, or mental development. See Child Labour in the Tobacco Growing Sector at 86. See also
unclassified telegram 2971.
375
Child Labor Laws and Enforcement
The Employment of Children and Young Persons Regulation of 1997 sets 12 years as the
minimum age for general employment and 16 years as the minimum age for activities other than
light work, apprenticeships, or vocational training.2757 Children under 18 years may not be em-
ployed during school terms without the approval of the Ministry of Labor or in hazardous, over-
time, or night work.2758 Additional protection is provided by the Labor Relations Act, which
stipulates that any employment contract for a child under 16 years cannot be considered legally
valid.2759 The Children’s Protection and Adoption Act of 1972 protects children’s right to educa-
tion, should they work, and prohibits certain types of street vending and trading by children under
16 years.2760 Forced labor is also prohibited.2761
Pursuant to the 2001 Sexual Offenses Act, prostituting children under the age of 12 or the
procurement of any person for prostitution are criminal offenses and punishable by fines of up to
USD 167 or up to 10 years of imprisonment.2762 No laws specifically address trafficking in per-
sons.2763 Labor regulations, and specifically child labor laws, are poorly enforced because of weak
interpretations of the laws themselves, a lack of labor inspectors, and a poor understanding among
affected workers of basic legal rights.2764 Zimbabwe ratified ILO Convention 138 on June 6, 2000,
and ILO Convention 182 on December 11, 2000.2765
2758
Child Labour in the Tobacco Growing Sector at 86.
2759
Child Labour in the Tobacco Growing Sector at 85.
2760
Ibid.
2761
Country Reports 2000 at Section 6c.
2762
Unclassified telegram 2971.
2763
Country Reports 2000 at Section 6f.
2764
Child Labour in the Tobacco-Growing Sector at 85, 86. In coordination with organized labor, women’s
groups, and other advocates, the Government of Zimbabwe is currently drafting legislation to expand
national child protection laws. Several proposed provisions in the draft legislation deal with strengthening
child labor monitoring and inspection services. See unclassified telegram 2971.
2765
ILO, ILOLEX database: Zimbabwe, at http://www.ilolex.ilo.ch on 11/30/01. Although ILO Conven-
tion No. 182 has been ratified by Parliament, it has not yet been incorporated into national law. See
unclassified telegram 2971.
NOTE: Hard copies of all Web citations are on file.
376
Territories and Non-Independent Countries
There is limited information regarding the extent and nature of child labor and the quality
and provision of education in non-independent countries and territories eligible for GSP, AGOA
and CBTPA benefits. These areas generally are not eligible to become members of the ILO, and
Convention 138 and Convention 182 do not apply to any of them.2766
Statistics on the number of working children under the age of 15 in Anguilla are unavail-
able. Information is unavailable on the incidence and nature of child labor. Education is compul-
sory between the ages of 5 and 17.2767 In 1998, the gross primary enrollment rate was 100.7 per-
cent, and the net primary enrollment rate was 98.9 percent.2768 The government has collaborated
with UNESCO to develop an Education for All plan that aims to raise educational achievement
levels, improve access to quality special education services and provide human resource training
for teachers and education managers.2769
Statistics on the number of working children under the age of 15 in the British Virgin
Islands are unavailable, but children reportedly work occasionally during the afternoons and on
weekends in family-owned businesses, supermarkets and hotels.2770 Under the Education Ordi-
nance, children must attend school until the age of 14.2771 The Labor Standards set the minimum
age for employment at 14 years.2772
2766
Natan Elkin, ILO, electronic correspondence to USDOL official, January 31, 2002. Most of the areas
covered in this summary report are considered by the ILO to be non-metropolitan territories and there-
fore, are ineligible to become members of the ILO. An ILO member can submit a declaration to the ILO
requesting that these conventions apply to their non-metropolitan territories.
2767
Access to primary education focuses on children aged 5-11. See UNESCO, The Education for All
(EFA) 2000 Assessment: Country Reports-Anguilla [hereinafter EFA 2000], at http://www2.unesco.org/
wef/countryreports/anguilla/rapport_1.html.
2768
EFA 2000.
2769
Ibid.
2770
Sheila Brathwaite, permanent secretary, Ministry of Natural Resources and Labour, Government of
the British Virgin Islands, letter to USDOL official, September 14, 2000.
2771
Ibid.
2772
Ibid.
377
Cayman Islands (territory of the United Kingdom)
Statistics on the number of working children under the age of 15 in the Cayman Islands are
unavailable, but children reportedly work bagging groceries in supermarkets. According to the
government, there are also subcultures within the islands where it is acceptable for children to
work instead of attending school.2773 Children under the age of 16 may not work during school
hours,2774 and children of school age are prohibited from lifting, carrying, or moving anything
heavy that may cause them injury.2775 Children cannot work at night between the hours of 10 p.m.
and 7 a.m, for more than eight hours on a non-school day, or for more than two hours after
school.2776 The Department of Social Services is responsible for child labor laws and issues.2777
Education in the Cayman Islands is free and compulsory for 10 years.2778 In 1995, the
gross primary enrollment rate was 113.5 percent and the net primary enrollment rate was 100
percent.2779 The government developed an Education Development Plan for 1995-1999 to support
strategies designed to improve the quality of its schools. The plan included strategies to establish a
national standards-based curriculum, develop and implement a personal education plan for every
student, establish individual and school accountability, strengthen the relationship between parents,
students and teachers, and ensure continuous staff development. 2780
Statistics on the number of working children under the age of 15 in the Cook Islands are
unavailable, but children are reported to assist with domestic chores, work as performers on a part-
time basis in cultural dance groups, and work in shops.2781 Under the Education Act of 1986-1987,
schooling is compulsory for children between the ages of 5 and 15.2782
2773
Deanna Look Loy, director of social services, Department of Social Services, Cayman Islands,
British West Indies, letter to USDOL official, September 23, 2000 [hereinafter Loy letter].
2774
Douglas Banks, chief labor officer, Cayman Islands, interview with USDOL official, September 13,
2000 [hereinafter Banks interview].
2775
Loy letter
2776
Ibid.
2777
Banks interview.
2778
Ibid. See also UNESCO statistics [hereinafter UNESCO statistics] at http://www.uis.unesco.org/
statsen/statistics/yearbook/tables/Table3_1.html.
2779
UNESCO, Education for All: Year 2000 Assessment, [CD-ROM] [hereinafter Education for All: Year
2000 Assessment].
2780
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports-Cayman Islands, at http:/
/www2.unesco.org/wef/countryreports/cayman/rapport_1.html.
2781
Andrew Young, U.S. Embassy-Auckland, electronic correspondence to U.S. Department of State
official, October 1, 2001.
2782
Ibid.
378
The Industrial and Labor Ordinance of 1964 prohibits the employment of children under
the age of 16 between the hours of 6 p.m. and 7 a.m. and on Sundays and holidays.2783 Children
under the age of 18 may not work in dangerous occupations, unless they have been trained to
handle dangerous machinery.2784 The Labor and Consumer Affairs Division of the Ministry of
Internal Affairs is responsible for monitoring the implementation of child labor laws.2785
Statistics on the number of working children in the Falkand Islands under the age of 15 are
unavailable. Information is also unavailable on the incidence and nature of child labor. Education
is free and compulsory up to the end of the academic year when a child reaches 16 years of age.2786
In 2000, the government reported that all children in the capital were enrolled in primary or
secondary schools.2787
Statistics on the number of working children under the age of 15 in Gibraltar are unavail-
able. Information is also unavailable on the incidence and nature of child labor. Education is free
and compulsory between the ages of 4 and 15.2791
Statistics on the number of working children under the age of 15 in Montserrat are unavail-
able. Information is also unavailable on the incidence and nature of child labor. Education is
compulsory for children between the ages of 5 and 14, and free up to the age of 17.1292 The Gov
2783
Ibid.
2784
Ibid.
2785
Ibid.
2786
Rosalind Cheek, crown counsel, Falkland Islands, electronic correspondence to USDOL official,
December 21, 2000 [hereinafter Cheek correspondence].
2787
Cheek correspondence.
2788
Ibid.
2789
Ibid.
2790
Ibid.
2791
Government of Gibraltar, Education and Training, at http://www.gibraltar.gov/gi/gov_depts/
education_index.htm.
2792
Alex Ackie, clerical officer, Government of Montserrat, electronic correspondence to USDOL official,
January 23, 2001.
379
ernment of Montserrat developed an Education in the Country Policy Plan for 1998-2002
in conjunction with the United Kingdom. Under this plan, the government is supporting initiatives
in the areas of curriculum development, student assessment and evaluation, professional develop-
ment for teachers, post-secondary education expansion, and educational infrastructure and infor-
mation technology. 2793
Statistics on the number of working children under the age of 15 in Niue are unavailable.
Information is also unavailable on the incidence and nature of child labor. Education is free and
compulsory for 8 years.2794 Niue has one primary school, and in 1995, the gross and net primary
enrollment rates were both 100 percent.2795 The government has collaborated with UNESCO to
develop an Education for All plan to improve learning achievements and provide better educational
opportunities for children with special needs.2796
In 2000, the government reported that there were no working children in the Pitcairn
Islands. Children under the age of 15 are prohibited from engaging in paid government work.2797
Education is free and compulsory between the ages of 5 and 15.2798 All of the island’s seven
children were enrolled in school in 2000.2799 The government does not believe that child labor is a
problem and does not have policies or programs to address this issue.2800
In 2000, the government reported that there were no working children in St. Helena.2801
The minimum age for employment is 15 years.2802 Education is free and compulsory between the
ages of 5 and 15.2803
2793
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports-Montserrat, at http://
www2.unesco.org/wef/countryreports/montserrat/rapport_1.html.
2794
UNESCO statistics.
2795
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports-Niue, [hereinafter EFA
2000: Niue], at http://www2.unesco.org/wef/countryreports/niue/rapport_1.html.
2796
EFA 2000: Niue.
2797
Leon Salt, commissioner, Pitcairn Islands, electronic correspondence to USDOL official, November 7,
2000.
2798
Ibid.
2799
Ibid.
2800
Ibid.
2801
Gillian Francis, assistant secretary, Government of St. Helena, electronic correspondence to USDOL
official, November 24, 2000.
2802
Ibid.
2803
Ibid.
380
Turks and Caicos Islands (territory of the United Kingdom)
Statistics on the number of working children under the age of 15 in the Turks and Caicos
Islands are unavailable. Information is also unavailable on the incidence and nature of child labor.
Nine years of basic education is provided by the government to children between the ages of 6 and
14. In 1999, the gross primary enrollment rate was 113.1 percent, and the net primary enrollment
rate was 112.7 percent.2804
Statistics on the number of children working under the age of 15 in the West Bank are
unavailable, but reports indicate that many Palestinian children under the age of 16 work.2805 Many
of these children work on family farms, in family shops, and as street vendors. Some children also
work in small manufacturing enterprises, such as shoe and textile factories.2806 Education is
compulsory until the age of 12.2807 However many girls marry early and do not complete the
mandatory level of schooling.2808 Closures to the area imposed by Israel impeded some children
and teacher access to schooling in 2000. Classes were also cancelled in areas under curfew.2809
The Palestinian Authority is responsible for enforcing the area’s labor laws. The Authority
has limited capacity to enforce labor laws because it only has only 40 labor inspectors.2810 The
Palestinian Authority has been collaborating with ILO-IPEC to improve child labor law enforce-
ment, and to conduct a child labor survey to determine the extent and nature of child labor in the
West Bank and Gaza Strip with technical assistance from ILO-IPEC’s SIMPOC.2811
2804
UNESCO, The Education for All (EFA) 2000 Assessment: Country Reports-Turks and Caicos Islands,
at http://www2.unesco.org/wef/countryreports/turks_caicos/rapport_1.html.
2805
Country Reports on Human Rights Practices for 2000—Occupied Territories (U.S. Department of
State: Washington, D.C., 2001), Section 6d, at http://www.state.gov/g/drl/rls/hrrpt/2000/nea/
index.cfm?docid’882.
2806
Ibid.
2807
Ibid. at Section 5.
2808
Ibid.
2809
Ibid.
2810
Ibid. at Section 6d.
2811
Ibid. See also ILO-IPEC, Child Labor Statistics: SIMPOC Countries, at http://www.ilo.org/public/
english/standards/ipec/simpoc/countries.htm on 1/29/02.
381
Western Sahara
Statistics on the number of working children under the age of 15 in Western Sahara are
unavailable, but reports indicate that the few remaining nomadic children work as shepherds.2812
Residents of Western Sahara are subject to Moroccan labor laws that set the minimum age for
employment at 15 years, and prohibit children under the age of 18 from working in hazardous
occupations or at night.2813 Education is compulsory for 8 years.2814 Information regarding govern-
ment policies and programs to eliminate the worst forms of child labor in Western Sahara is
unavailable.
Information on the incidence and nature of child labor, child labor laws and legislation and
government polices and programs to eliminate the worst forms of child labor is unavailable for the
following territories and non-independent countries: British Indian Ocean Territory (territory of the
United Kingdom), Christmas Islands, (territory of Australia) Cocos (Keeling) Islands (territory of
Australia), Heard Island and MacDonald Islands (territory of the United Kingdom), Norfolk Island
(territory of Australia), Tokelau (territory of Australia), and Wallis and Futuna (territory of
France).2815
2812
Country Reports on Human Rights Practices for 2000—Western Sahara (Washington, D.C.: U.S.
Department of State, 2001), at http://www.state.gov/g/drl/rls/hrrpt/2000/nea/index.cfm?docid’825.
2813
Ibid. See also Lawrence Connell, U.S. Embassy-Casablanca, electronic correspondence to USDOL
official, January 29, 2002.
2814
UNESCO statistics.
2815
A Central Intelligence Agency fact sheet states that Heard Island and MacDonald Island are currently
uninhabited.
382
Appendix: Data Source Descriptions
Statistics on Working Children
Statistics measuring the incidence of child labor in the individual profiles vary by age
ranges and the definition used to measure child labor. There is no internationally endorsed defini-
tion on working children, or universally prescribed methodology for collecting data on child labor.
The lack of concepts and methods for collecting child labor data has made it difficult to obtain
comparable and reliable statistics across countries on working children. Therefore, estimates on the
number of working children presented in this report come from government household surveys and
international agencies that use varied age ranges and different definitions to construct child labor
statistics. In general, estimates on the number of working children are likely to be underestimates
because the nature of household surveys do not lend themselves to collecting data on children who
are working in the informal or illegal sectors of the economy, particularly children in the worst
forms of child labor.
Resources used in this report for child labor statistics that use household surveys such as
national census or labor force surveys come from ILO’s Yearbook of Labor Statistics and World
Bank’s World Development Indicators. Estimates on the number of working children from these
sources are generally based on the definition of the “economically active population” which
restricts the labor force activity of children to “paid” or “unpaid” employment, military personnel,
and the unemployed. The definition does not include children in informal work settings, non-
economic activities, or “hidden” forms of work such as domestic service, prostitution, or armed
conflict.
Other sources on child labor statistics come from ILO-IPEC’s SIMPOC and UNICEF’s
Multiple Indicator Cluster Surveys (MICS) that are specifically designed to measure the extent of
child labor in a country. Although these surveys also employ the definition of “economically
active”, the universe for working children is extended to include work activities outside the defini-
tion, which would capture children working in the informal sector and domestic work. However,
the methods for collecting data on the worst forms of child labor are also still inadequate.
Another main source used in this report is from country statistics on child labor provided
by the Inter-Agency Research Cooperation Project on “Understanding Children’s Work” (UCW)
from the ILO, UNICEF, and the World Bank. The UCW project has compiled statistics from 32
countries that use both traditional household surveys and child labor surveys. Estimates on the
number of working children from this source also vary by age ranges and definitions.
In determining which source to use in presenting estimates on child labor for the individual
profiles, priority is given to statistics collected from child labor surveys such as the ILO-IPEC
SIMPOC survey or the UNICEF MICS survey. In instances where data is not available specifically
from a child labor survey, estimates based on household survey data from the UCW project are
presented to reflect the number of children working, children who combine school and work, and
children who work in household chores for a specified amount of time. Finally, countries that do
not have data on working children from a child labor survey or the UCW project draw on estimates
from ILO’s Yearbook of Labor Statistics or the World Bank’s World Develop Indicators. In some
cases, recent statistics from child labor surveys do not exist, and estimates from other more recent
sources are presented along with estimates from the child labor survey.
383
Sources of Child Labor Data
Child labor statistics in this report were obtained from the following four main sources:
Since 1992, ILO-IPEC and ILO-STAT have worked in close collaboration with national statisti-
cal agencies and other institutions in several countries to design and implement specialized
surveys on child labor.2816 Eleven child labor surveys were conducted under the direction ILO-
STAT, and administered either as a stand-alone survey or a child labor module as a part of a
country’s existing labor force surveys. In 1998, ILO-IPEC launched SIMPOC in which 34
countries either have completed or are in the process of collecting child labor data.2817 The
population of working children generally includes children between the ages of 5 and 17 who
are employed, unemployed, or domestic workers in their own household. Children who are
working are either salaried, self-employed, unpaid family workers, or apprentices. Unlike
traditional labor force surveys, the SIMPOC child labor surveys collect data on some work
activities in the informal sector.2818
In 1998, UNICEF began a process to assist countries assess progress in meeting their goals for
the “World Summit for Children” using the MICS questionnaire.2819 The MICS questionnaire
includes 75 indicators for monitoring children’s rights such as child labor, child survival and
health, child nutrition, maternal health, water and sanitation, and education. Child labor mea-
sures consist of children between the ages of 5 and 14 who are paid, unpaid, and work at least 4
hours a day in domestic work.2820 About 49 developing countries included the child labor
indicator in their MICS questionnaire;2821 to date, 28 countries have submitted their national
reports to UNICEF.2822
2816
ILO, Child Labour Surveys: Results of Methodological Experiments in Four Countries (Geneva, 1996)
[hereinafter Child Labour Surveys].
2817
ILO-IPEC SIMPOC: Facts and Figures, at http://www.ilo.org/public/english/standards/ipec/simpoc/
factsheet.httm on 01/31/02.
2818
Child Labour Surveys.
2819
UNICEF, Statistics, End Decade Assessment: Multiple Indicator Cluster Survey, Background, at http:/
/childinfo.org/MICS2/Gj99306m.htm on 01/31/02.
2820
UNICEF, Statistics, End Decade Assessment: Multiple Indicator Cluster Survey, Annex 1: Indicators
for Monitoring Progress at End-Decade, at http://childinfo.org/MICS2/EDind/exdanx1.pdf on 01/31/02.
2821
UNICEF, Statistics, End Decade Assessment: Multiple Indicator Cluster Survey, Child Work, at http://
childinfo.org/eddb/work/index.htm on 01/31/02.
2822
UNICEF, Statistics, End Decade Assessment: Multiple Indicator Cluster Survey, MICS2- National
Reports, at http://childinfo.org/MICS2/natlMICSrepz/MICSnatrep.htm on 01/31/02.
384
data on child labor. ILO contributes data from its SIMPOC surveys, UNICEF from the MICS
questionnaire, and the World Bank from its Living Standards Measurement Survey. The UCW
project has country statistics on child labor, schooling and health indicators from government
census or household surveys sponsored by at least one of the three agencies.2823
Child labor force participation rates for 1999 from the ILO database Estimates and Projections
of the Economically Active Population (EAP), 1950-2010 are taken from World Bank’s World
Development Indicators 2001. Statistics from the ILO’s EAP database are different from
statistics from ILO’s SIMPOC child labor surveys. Labor force participation rates from the EAP
database are based on the definition of the “economically active population” for children
between the ages of 10 and 14.2824 Although the EAP is less accurate in estimating the number
of children working below the age of 15, it does provide a useful indicator because it is the only
available source for comprehensive and comparable data on working children 10 to 14 years
old. 2825
Primary school education data for gross and net primary school enrollment were obtained
from either the World Development Indicators 2001 or the Education For All 2000 Assessment.
Gross and net primary school attendance rates were obtained from USAID’s Global Education
Database.
The WDI 2001 is an annual compilation by the World Bank on development data gathered from
several international and government agencies and private and nongovernmental organizations
around the world. The WDI 2001 includes 800 indicators on topics in six areas: world view,
people, environment, economy, states and markets, and global links. There are 85 tables cover-
ing the six categories with basic indicators on 224 countries.2826
The Education for All (EFA) Year 2000 Assessment Statistical Document is a collection of
quantitative data based on an in-depth evaluation of basic education at global, regional, and
national levels gathered by UNESCO Institute for Statistics (UIS). Data is available for 185
countries. Indicators examined in this assessment include the demand for education, early
2823
Understanding Children’s Work: An-Interagency Research Cooperation Project at Innocenti Research
Centre at http://www.ucw-project.org on 01/31/02.
2824
World Development Indicators 2001 (Washington, D.C.: World Bank, 2001), 49.
2825
ILO, Source and Methods: Labour Statistics, Vol. 10: Estimates and Projections of the Economically
Active Population 1950-2010 (Geneva, 2000).
2826
World Development Indicators 2001 [CD-ROM], Washington, D.C., 2000
385
childhood education and care, access and trends to primary education, public expenditure on
primary education, teacher qualifications, and literacy rates.2827
The GED provides education data compiled by UNESCO and from USAID Demographic and
Health Survey (DHS) sources. Data include education measures on the performance of a
specific country or groups of countries over time in areas such as school enrollments and
attendance, public expenditure, and gender parity. For most of the 145 UNESCO indicators,
data are for 1980, 1985, and for single years from 1990 through 1997 or 1998. DHS statistics
are presented for the specific country and year in which surveys were conducted and are re-
ported through 1999. With over 200 countries represented, the database is a useful tool for
cross-country comparisons of education indicators.2828
2827
UNESCO, Education for All: Year 2000 Assessment (Paris, 2000) [CD-ROM].
2828
USAID, Global Education Database 2000 (Washington, D.C.) [CD-ROM]. Also available at http://
www.usaid.gov/educ_training/ged.html.
386
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