1 Children in Bondage: A Call for Action
(Geneva: International Labor Organization, 1992) 3 [hereinafter Children in
Bondage: A Call for Action].
2 Children in Bondage: A Call for Action
at 3-4. See also Neera Burra, Born to Work: Child Labor in
India (New Delhi: Oxford University Press, 1995) 15 [hereinafter Born to
Work].
3 World Labor Report (Geneva:
International Labor Organization, 1993) 17 [hereinafter World Labor Report
1993].
4 Children in Bondage: A Call for Action
at 4.
5 World Labor Report 1993 at 17.
6 Some of these situations were covered in
By the Sweat and Toil of Children (Volume I): The Use of Child Labor in
U.S. Manufactured and Mined Imports (1994). This report expands on those
examples and provides additional information. Some cases of forced and bonded
child labor in the agricultural and fishing sectors are discussed in Section III
of this report -- Child Labor in Commercial Agriculture. See discussion
of sugar cane plantations in Thailand (p. 52), the fishing industries of
Indonesia, Sri Lanka, the Philippines, India, and Pakistan (pp. 55-60), the
rattan industry in the Philippines (p. 60), and the rubber industry in Brazil
(p. 74).
7 Alec Fyfe, Child Labor (Polity
Press, Oxford, 1989) 75 [hereinafter Fyfe]. See also Children in
Bondage: A Call for Action at i.
8 International Child Labor Hearing,
U.S. Department of Labor (April 12, 1994) (Statement of South Asian Coalition on
Child Servitude (SACCS), India Chapter) [on file] [hereinafter 1994 Testimony of
SACCS].
9 Children in Bondage: A Call for Action
at 4 .
10 "Focus: Reserves of Cheap Labor:
Slavery and Indigenous Peoples," in Anti-Slavery International
Newsletter, issue no. 25 (June 1994) 4. In India, for example, a study
conducted by the Indian Social Institute indicated that 90 percent of bonded
laborers come from the marginalized scheduled castes and tribes. See
Walter Fernandes, "The 'no-childhood' Children," Jivan
(September 1986) 4.
11 ILO Convention 29 on Forced or
Compulsory Labor in International Labor Conventions and
Recommendations: 1919-1991, vol. 1 (Geneva: International Labor
Organization, 1992) 115.
12 Supplementary Convention on the
Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to
Slavery, adopted September 7, 1956, entered into force
April 30 1957, 266 U.N.T.S. 3.
13 Roger Sawyer, Children Enslaved
(London: Routledge, 1988) 47 [hereinafter Sawyer].
14 U.N. Convention on the Rights of the
Child, adopted November 20, 1989, entered into force
September 2, 1990, G.A. Res. 44/25, 44 UN GAOR, Supp. (No. 49), U.N. Doc.
A/44/49, article 32 [hereinafter
Convention on the Rights of the Child].
15 Convention on the Rights of the Child,
articles 33-35. Other U.N. instruments dealing with slavery-related issues are
the Slavery Convention of 1926, the Universal Declaration of Human
Rights (1948) and the International Covenant on Civil and Political
Rights (1966).
16 World Labor Report 1993 at 11.
17 Fyfe at 76.
18 Fyfe at 75.
19 Fyfe at 75.
20 World Labor Report 1993 at 11.
21 Fyfe at 76.
22 Children in Bondage: Slaves of the
Subcontinent (London: Anti-Slavery International, 1991) 24 [hereinafter Children
in Bondage: Slaves of the Subcontinent].
23 Children in Bondage: Slaves of the
Subcontinent at 27 citing Michel Bonnet.
24 Children in Bondage: A Call for
Action at 7.
25 Children in Bondage: Slaves of the
Subcontinent at 27.
26 World Labor Report 1993 at 11.
27 Children at Work: A Report Based on
the ILO and UNICEF Regional Training Workshop on Programmatic and Replication
Issues Related to Child Labour and Street
Children (Bangkok: UNICEF, 1994) 115 [hereinafter Children at
Work].
28 A. Boudhiba, Exploitation of Child
Labour: Final Report of the Special Rapporteur of the U.N. Sub-Commission on
Prevention of Discrimination and Protection of Minorities (Geneva: 1982) 46.
29 Fyfe at 15.
30 In India, where advances are fairly
common, the sum loaned to parents by employers or recruiters usually ranges from
$5 to $50. See India-- Bonded Labour: 20 Years after its
Abolition, Anti-Slavery International submissions to the U.N. Working Group
on Contemporary Forms of Slavery, Twentieth Session, April 1995 [on file].
31 India has ratified both ILO Convention No.
29 Concerning Forced Labor, and the U.N. Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery. According to the U.S. Department of State Country Reports on Human
Rights Practices for 1994, the Indian Constitution prohibits forced labor,
and legislation passed in 1976 specifically bans the practice of "bonded
labor." A Supreme Court decision defined "forced labor" as work
at less than the minimum wage.
Country Reports on Human Rights Practices for 1994 (U.S. Department of
State, February 1995) 1232 [hereinafter Country Reports].
32 Pakistan has ratified both ILO Convention
No. 29 Concerning Forced Labor, and the U.N. Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery. According to the U.S. Department of State Country Reports on Human
Rights Practices for 1994, The Constitution and the law prohibit forced
labor. The Bonded Labor System (Abolition) Act of 1992 outlawed bonded labor.
Regulations implementing the Act are yet to be enacted. Country Reports
at 1258.
33 Nepal has not ratified ILO Convention No.
29 Concerning Forced Labor; it has ratified the U.N. Supplementary Convention on
the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery. According to the U.S. Department of State Country
Reports on Human Rights Practices for 1994, the Constitution prohibits
traffic in human beings, slavery, serfdom, or forced labor of any form. Country
Reports at 1244.
34 1994 Testimony of SACCS. Another report
concludes that 15 percent of an estimated 100,000 children working in the carpet
industry of Uttar Pradesh, where most Indian carpets are produced, are in debt
bondage. See A Pattern of Slavery: India's Carpet Boys
(London: Anti-Slavery Society, 1988) 3 [hereinafter A Pattern of Slavery:
India's Carpet Boys].
35 See Discover the Working
Child: The Situation of Child Labour in Pakistan 1990 (Government
of Pakistan and UNICEF, 1991) 19 [hereinafter Discover the Working Child];
Child Labour in the Carpet Weaving Industry in Punjab (Government of
Pakistan and UNICEF, 1992) 15 [hereinafter UNICEF Punjab Report]; B.N. Juyal,
Child Labour and Exploitation in the Carpet Industry: a
Mirzapur-Bhadohi Case Study (New Delhi: Indian Social Institute, 1987) 44
[hereinafter 1987 Juyal]; S. Vijayagopalan, Child Labor in the Carpet
Industry: A Status Report (New Delhi: National Council of Applied Economic
Research (NCAER), February 1993) 56-57 [hereinafter NCAER Report].
36 Pharis Harvey and Lauren Riggin, Trading
Away the Future: Child Labor in India's Export Industries (International
Labor Rights Education and Research Fund, 1994) 53 [hereinafter ILRERF Report].
37 B.N. Juyal, Child Labour in the Carpet
Industry in Mirzapur-Bhadohi (New Delhi: International Labor Organization,
1993) 13 [hereinafter Juyal 1993]. Carpets are also produced in the
Jammu-Kashmir region and Rajasthan, but relatively little research has been done
on the industry in these regions.
38 Children in Bondage: A Call for Action
at 13.
39 Juyal 1993 at 1.
40 ILRERF Report at 53-54; Juyal 1993 at 2.
41 ILRERF at 54; Anti-Slavery Society, "Child
Bonded Labor," in
Seminar on the Implementation of the Convention on the Rights of the Child
(International Commission of Jurists and Defense for Children International,
September 24-28, 1990) 11 [hereinafter Seminar on the Implementation of the
Convention on the Rights of the Child].
42 Findings of Indian Supreme Court appointed
fact-finding committee cited in Children in Bondage: A Call for
Action at 13. See also 1987 Juyal at 21-22 ; Juyal 1993 at 34;
Shamshad Khan, Migrant Child Labour in Carpet Industry of Mirzapur-Bhadohi
Belt (Mirzapur: Centre for Rural Education and Development Action, n.d.) 1
[on file].
43 American Embassy-New Delhi, unclassified
telegram no. 05146, April 18, 1995; Edward A. Gargan, "Bound to Looms by
Poverty and Fear, Boys in India Makes a Few Men Rich," New York Times
(July 9, 1992) [hereinafter Gargan article]. See also NCAER report at
41.
44 Juyal 1993 at 7.
45 Juyal 1993 at 64.
46 Born to Work at 18.
47 Born to Work at 19. See also
ILRERF Report at 57-58.
48 1994 Testimony of SACCS.
49 Juyal 1993 at 66.
50 ILRERF Report at 57.
51 ILRERF Report at 57. See also 1987
Juyal at 40; Juyal 1993 at 64.
52 1987 Juyal at 35-36.
53 Findings of Indian Supreme Court appointed
fact-finding committee cited in Children in Bondage: A Call for
Action at 13.
54 1987 Juyal at 40-41; NCAER Report at 56.
55 Gargan article.
56 1987 Juyal at 42.
57 Children in Bondage: A Call for Action
at 13; Born to Work at 20; 1987 Juyal at 43; ILRERF Report at 59.
58 Interview by U.S. Department of Labor
official with Indian child carpet worker in New Delhi (February 1995).
59 1994 Testimony of SACCS.
60 "17 Child Labourers Rescued from Uttar
Pradesh," The Times of India, February 22, 1995. Many other
newspaper reports and non-governmental publications have described similar
conditions. See Stephan Wagstyl, "The Child Victims of India's
Slave Trade: India's Poor Sell Their Children as Cheap Labour Without
Suspecting the True Nature of the Transaction," The Financial Times,
December 19, 1992; Joshi Vijay, "Kids Bound to the Looms," Associated
Press, July 14, 1992; "Bonded Child Laborers Kidnapped After Rescue,"
The Economic Times (India), October 7, 1993; "Fear Stalks Rescued
Kids," The Times of India, January 12, 1994, Child Workers in
Asia, vol. 8, no. 4 and vol. 9, no. 1 (October-December 1992 and March
1993) 28.
61 Juyal 1993 at 6.
62 Gauri Pradhan, ed., Misery Behind the
Looms: Child Laborers in the Carpet Factories in Nepal (Kathmandu: Child
Workers in Nepal-CWIN, May 1993) 30 [hereinafter Pradhan].
63 "South Asian Seminar on Child Workers
in Carpet Factories,"
in Newsletter of Child Workers in Nepal Concerned Center, nos.
15 & 16 (CWIN, December 1992) [hereinafter South Asian Seminar] 14.
64 South Asian Seminar at 14.
65 World Labor Report 1993 at 11.
See also M. Mahmood, S. Riaz, M. A. Nazeer, and M. E. Haq, Child
Labour in Brick Kiln Industries (Lahore: University of Punjab, 1991) cited
in A. R. Kemal, Child Labour in Pakistan (Islamabad: Pakistan
Institute of Development Economics, 1994) 10 [on file] [hereinafter Kemal].
According to the World Labor Report 1993, the arrival of Afghan
refugees, including children, in Pakistan has increased the numbers.
66 UNICEF Punjab Report at 3.
67 UNICEF Punjab Report at ii.
68 Contemporary Forms of Slavery in
Pakistan (New York: Human Rights Watch/Asia, 1995) 48 [hereinafter Contemporary
Forms of Slavery in Pakistan].
69 Discover the Working Child at 19;
Contemporary Forms of Slavery in Pakistan at 50.
70 Contemporary Forms of Slavery in
Pakistan at 51.
71 Discover the Working Child at 19.
72 Contemporary Forms of Slavery in
Pakistan at 56.
73UNICEF Punjab Report at 12.
74 UNICEF Punjab Report at 3 and 12.
75 UNICEF Punjab Report at 13 .
76 Contemporary Forms of Slavery in
Pakistan at 52.
77 Contemporary Forms of Slavery in
Pakistan at 56-57.
78 International Child Labor Hearing,
U.S. Department of Labor (April 12, 1994) (Statement of Human Rights Watch/Asia)
[hereinafter Testimony of Human Rights Watch/Asia]. See also Contemporary
Forms of Slavery in Pakistan at 55.
79 According to the U.S. Department of State,
children made up one-third of the carpet labor force. Country Reports
at 1245. A survey conducted by Nepalese NGO Child Workers in Nepal Concerned
Center (CWIN) in 1992 indicated that children represented as much as half of the
total carpet labor force. Pradhan at 3.
80 Pradhan at 3; Statement of Gopal Siwakoti,
Executive Director of INHURED International (a Nepali human rights
organization), prepared for the U.N. World Conference on Human Rights, March 13,
1994, 4 [hereinafter Siwakoti Statement].
81 Pradhan at 32.
82 Siwakoti Statement.
83 Omar Sattaur, Child Labour in Nepal
(Kathmandu: Anti-Slavery International and Child Workers in Nepal Concerned
Centre, 1993) 34 [hereinafter Sattaur].
84 "Nepal's Carpet Makers Warned on Child
Labor Law Violations,"
Journal of Commerce, May 30, 1995; Gopal Sharma, "Nepal Moves to
Punish Child Labour Abusers," Reuters Asia-Pacific Business Report,
May 26, 1995.
85 See American Embassy-Kathmandu,
unclassified telegram no. 2665, June 23, 1995 [hereinafter Kathmandu 2665];
Country Reports at 1245. The Government of Nepal estimates that less
than one percent of the workers in the carpet industry are children. See
"Nepalese Carpets Flying Low,"
Depthnews Asia, Manila, January 1995, in World Press Review
(June 1995) 35.
86 Kathmandu 2665; Country Reports at
1245.
87 Born to Work at 21; Children in
Bondage: Slaves of the Subcontinent at 12.
88 ILRERF Report at 67.
89 Children in Bondage: Slaves of the
Subcontinent at 12.
90 Born to Work at 22.
91 ILRERF Report at 67-68. Visits by
Departments of Labor and State officials in 1994 confirmed the ILRERF's
description of conditions in glass factories.
92 ILRERF Report at 68.
93 U.S. Department of Labor, Bureau of
International Affairs, By the Sweat and Toil of Children (Volume I): The
Use of Child Labor in U.S. Manufactured and Mined Imports (Washington, DC,
1994) 82 [hereinafter By the Sweat and Toil of Children (Volume I)].
94 Children in Bondage: Slaves of the
Subcontinent at 12; "Abuses Against Children," Asia Link
(October-December 1993) reprinted in Child Workers News, vol. 2, no. 1
(Madras: Arunodhaya, January-March 1994) 4.
95 Carpets At What Cost, Consumer
Unity and Trust Society [brochure], 3 [on file].
96 Sheela Barse, "Glass Factories of
Ferozabad," reprinted
in Jose Verghese, Human Rights in India Today (New Delhi:
National Center for Protection of Human Rights, 1992).
97 "20 Children Freed from Servitude,"
Indian Express, February 10, 1995.
98 By the Sweat and Toil of Children
(Volume I) at 81.
99 ILRERF Report at 87. Anti-Slavery
International estimates that there are one million child workers in India's
stone quarries. Children in Bondage: Slaves of the Subcontinent at 12.
In 1983, Supreme Court Justice Bhagwati ruled that over ten thousand men, women
and children were illegally being forced to work as bonded laborers in India's
stone quarries. Id. at 16.
100 ILRERF Report at 87; Children in
Bondage: Slaves of the Subcontinent at 14. See also Melissa
Blackburn, "A Tradition of Slavery," in Anti-Slavery Reporter
(London: Anti-Slavery International, 1994) 59 [hereinafter Blackburn].
101 Blackburn at 59.
102 Peter Cross, Bonded Quarry Workers:
Tamil Nadu, India (Anti-Slavery International, January 1993) [on file].
103 Reggie Norton, Report of a Visit to
India and Pakistan to Look at the Bonded Labour Situation (unpublished
Anti-Slavery International research, 1990) 3 [on file] [hereinafter Norton].
104 ILRERF Report at 87; Norton at 2-3.
105 ILRERF Report at 87; A. Sekar, A
Study of Granite Export and Bondage of Stone Cutters in Tamilnadu (India:
The Association of the Rural Poor, n.d.) 13 [on file]; Blackburn at 59.
106 Blackburn at 59.
107 ILRERF Report at 87.
108 Sawyer at 56.
109 Children in Bondage: Slaves of the
Subcontinent at 14. It was the conditions of the families working in the
Faridabad quarries that prompted the establishment in 1980 of the Bonded Labor
Liberation Front (BLLF) of India. Sawyer at 56.
110 Blackburn at 59.
111 India -- Bonded labor: 20 Years
After its Abolition, Anti-Slavery International submission to the U.N.
Working Group on Contemporary Forms of Slavery, Twentieth Session, April 1995
[on file].
112 ILRERF Report at 76.
113 ILRERF Report at 75-76.
114 Born to Work at 22-3; ILRERF
Report at 78.
115 ILRERF Report at 78.
116 ILRERF Report at 76.
117 ILRERF Report at 77-78.
118 ILRERF Report at 78.
119 ILRERF Report at 78. Eighty percent of
employers in Varanasi said that they had never been visited by a labor
inspector. Id.
120 Dr. Nidhi Sinha, Child Labour in
Indian Silk Industry (New Delhi: Uppal Publishing House, 1994) 59.
121 Children in Bondage: Slaves of the
Subcontinent at 16.
122 Indian Commission on Labour Standards and
International Trade, Child Labour in India: A Perspective (New Delhi:
June 1995) 125 [hereinafter Indian Commission on Labour Standards and
International Trade].
123 Indian Commission on Labour Standards and
International Trade at 126.
124 See International Child Labor Hearing,
U.S. Department of Labor May 5, 1995) (Statement of Francoise C.
Remington, Executive Director of Forgotten Children, May 1, 1995) [hereinafter
Remington].
125 Indian Commission on Labour Standards and
International Trade at 127.
126 Indian Commission on Labour Standards and
International Trade at 127.
127 Born to Work at 164.
128 Born to Work at 164.
129 Born to Work at 172.
130 Born to Work at 174-175.
131 Born to Work at 141.
132 Born to Work at 140.
133 Anti-Slavery International estimates that
30 to 40 percent of children working in the match and fireworks industry are
bonded. Children in Bondage: Slaves of the Subcontinent at 12.
In a 1991 survey of 115 child workers in the match industry of Sivakasi, the
Child Labour Cell of India's National Labour Institute found that 58 percent of
the children were "not free to leave their employment because their parents
have taken loans from the factory owners." Child Labour in the Match
Industry of Sivakasi (Noida: Child Labour Cell, National Labour Institute,
1993) 8.
134 Report of the Subcommittee on
Elimination of Child Labour in the Match and Fireworks Industries in Tamilnadu
(Government of Tamilnadu and UNICEF, March 1993) 7 [on file] [hereinafter
Tamilnadu Subcommittee on Elimination of Child Labour Report]; G. V. Krishnan, "Plea
to Abolish Child Labour," The Times of India, April 5, 1994
[hereinafter Krishnan].
135 Indian Commission on Labour Standards and
International Trade at 95.
136 Tamilnadu Subcommittee on Elimination of
Child Labour Report at 8.
137 Children in Bondage: Slaves of the
Subcontinent at 10.
138 ILRERF Report at 80-81.
139 Pilot Study of Child Labor in
Sivakasi (New Delhi: ICFTU-APRO, South Asia Office, 1992) 4 [hereinafter
ICFTU-APRO].
140 ILRERF Report at 81.
141 ICFTU-APRO at 4.
142 Subcommittee on Elimination of Child
Labour Report at 10. See also Myron Weiner, The Child and the State
in India (Princeton: Princeton University Press, 1991) 24 [hereinafter
Weiner]; Born to Work at 24-25.
143 ILRERF Report at 82.
144 Children in Bondage: Slaves of the
Subcontinent at 10.
145 Born to Work at 24.
146 Kulkarni, M. N., "Match-making in
Sivakasi," Economic and Political Weekly, vol. XVIII, no. 42
(October 1983) cited in Born to Work at 25.
147 Indian Commission on Labour Standards and
International Trade at 99.
148 Weiner at 24.
149 ILRERF Report at 82-3. See also
Children in Bondage: Slaves of the Subcontinent at 11-12.
150 ILRERF Report at 83.
151 Indian Commission on Labour Standards and
International Trade at 13.
152 Children in Bondage: Slaves of the
Subcontinent at 12; Contemporary Forms of Slavery in Pakistan at 30.
153 Sawyer at 54.
154 Discover the Working Child at 17.
155 Discover the Working Child at 16;
Kemal at 16.
156 Contemporary Forms of Slavery in
Pakistan at 30.
157 Discover the Working Child at 16.
158 Children in Bondage: Slaves of the
Subcontinent at 19.
159 Discover the Working Child at 16.
160 Children in Bondage: Slaves
of the Subcontinent at 18.
161 Discover the Working Child at 17;
Ghazanfer Abbas, "Child Labour in Pakistan," Child Workers in
Asia, vol. 10, no. 3, (July-September 1994) 19 [on file] [hereinafter
Abbas].
162 Discover the Working Child at 16.
163 Discover the Working Child at 16.
164 Z. Mahmood, S. Riaz, M. A. Nazeer and M.
E. Haq, Child Labour in Brick Kiln Industries (Lahore: University of
Punjab, 1991) cited in
Kemal at 10.
165 State of Human Rights in Pakistan
(Lahore: Human Rights Commission of Pakistan, 1994) 111 [hereinafter State
of Human Rights in Pakistan].
166 Bonded Labor in Brick-kiln Industry
of Pakistan (Lahore: Human Rights Commission of Pakistan, n.d.) cited in
Contemporary Forms of Slavery in Pakistan at 30.
167 Children in Bondage: Slaves
of the Subcontinent at 12.
168 Sawyer at 54.
169 Sawyer at 54; Children in Bondage:
Slaves of the Subcontinent at 12.
170 Sawyer at 55.
171 Discover the Working Child at 16.
172 Contemporary Forms of Slavery in
Pakistan at 43.
173 Sawyer at 55. See also Discover
the Working Child at 16.
174 Contemporary Forms of Slavery in
Pakistan at 43.
175 Discover the Working Child at 16.
176 State of Human Rights in Pakistan
at 121. See also Discover the Working Child at 16.
177 Discover the Working Child at 17.
178 Study conducted by the ICFTU-affiliate
All Pakistan Federation of Labor. See letter from the ICFTU to the
International Child Labor Study (April 21, 1995) [on file] [hereinafter ICFTU
letter].
179 ICFTU letter.
180 Children in Bondage: A Call for
Action at 16. The bonded labor system in Pakistan consists of giving
advances of "peshgi" (bonded money) to a person. As long as all or
part of the peshgi debt remains outstanding, the debtor/worker is bound to the
creditor/employer. In cases of sickness or death, the family of the individual
is responsible for the debt, which often passes down from generation to
generation. In the case of children, the peshgi is paid to a parent or
guardian, who then provides the child to work off the debt. By the Sweat
and Toil of Children (Volume I) at 127. In 1992, Pakistan enacted
legislation prohibiting bonded labor.
181 Report by the Bonded Labor Liberation
Front of Pakistan to the U.N. Working Group on Contemporary Forms of Slavery,
Nineteenth Session, May 1994, 2-3 [on file].
182 Contemporary Forms of Slavery in
Pakistan at 29.
183 Discover the Working Child at 17.
184 India -- Bonded Labour: 20 Years
after its Abolition, Anti-Slavery International submission to the U.N.
Working Group on Contemporary Forms of Slavery, Twentieth Session, April 1995
[on file]. Under India's 1986 Child Labour (Prohibition and Regulation) Act,
employment of children under the age of 14 is prohibited in the beedi industry,
except in the context of family-based work. See Report of Indian
Commission on Labour Standards and International Trade at 13.
185 M.S. Dinakar, "Mere Pawns in Beedi
Industry," Indian Express, December 9, 1992 [on file] [hereinafter
Dinakar article].
186 Dinakar article.
187 "Rights of Bonded Child Labourers?,"
Child Workers News (Royapuram: Arunodhaya Centre for Street and Working
Children, July-September/October-December 1994) 3 [on file] [hereinafter
Arunodhaya Centre article]. See also Dinakar article.
188 N.K. and B.K. Behura, "Incidence of
Child Labour in Orissa: Case Studies from Bhubaneshwar," in Pafi,
R.N., ed., Rehabilitation of Child Labourers in India (New Delhi:
Ashish Publishing House, 1991) 121.
189 Dinakar article. See also "Katpadi
. . . Where Children are Pledged for Rs. 1,000," Indian Express,
March 24, 1990 [on file] [hereinafter Indian Express article].
190 India -- Bonded Labour: 20 Years
after its Abolition, Anti-Slavery International submission to the U.N.
Working Group on Contemporary Forms of Slavery, Twentieth Session, April 1995
[on file].
191 P.V.V. Murthy, "Bonded Child Labour
in Beedi Industry," Hindu, April 11, 1994 [hereinafter Murthy
article]. See also Dinakar article;
Indian Express article.
192 Born to Work at 17.
193 Arunodhaya Centre article at 3.
194 Indian Express article; Murthy
article.
195 The Philippines has not ratified ILO
Convention No. 29 Concerning Forced Labor; it has ratified the U.N.
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery. According to the U.S. Department
of State Country Reports on Human Rights Practices for 1994, forced
labor is prohibited under Philippine law. Country Reports at 678.
196 Thailand has ratified ILO Convention No.
29 Concerning Forced Labor, however it is not a party to the U.N. Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery. According to the U.S. Department of State Country
Reports on Human Rights Practices for 1994, the Constitution prohibits
forced or compulsory labor, except in the case of national emergency, war, or
martial law. Country Reports at 700.
197 In general, it is difficult to obtain
reliable information on child labor in China. Similar problems of access to
information exist in some other countries.
198 Interview with Ana Dionela, child labor
project officer for UNICEF Manila in Sheila S. Coronel, "Clandestine
Trade in Children,"
Philippine Daily Inquirer (Manila), October 9, 1993 [hereinafter
Coronel]. See also Eileen Guerrero, "Bonded Labor of Children on
Rise in Philippines," Associated Press, June 7, 1994 [hereinafter
Guerrero].
199 Coronel.
200 Coronel.
201 Chris Panganiban, "Agusan Child
Labor Racket Denounced,"
Philippines Daily Inquirer (Manila), February 21, 1994 [hereinafter
Panganiban]; Charina Sanz, "Children for the Slave Market," Sunday
Inquirer Magazine, October 10, 1993 [hereinafter Sanz].
202 After the Kamalayan Development
Foundation infiltrated the factory and notified the authorities, the Department
of Labor and Employment conducted a rescue operation in the factory. The
Kamalayan Development Foundation has been involved in the rescue of some
twenty-six bonded child workers in cooperation with the Department of Labor and
Employment and other government agencies. See Alex Apit, "A Brief
Introduction to the Kamalayan Development Foundation," at the International
Conference on Jobs, Justice and the Development of the International Economy,
International Federation of Trade Unions, Asian Pacific Region Organization and
the Trade Union Congress of the Philippines (February 21-24, 1995) 4 [on file].
203 J. Carson, "Young's Town: 'Prison
Camp' and Slave Dungeon for Child Workers," Child Workers Philippines,
vol. 1, no. 1 (Manila: Kamalayan Development Center, Inc., July 1993) 3 [on
file] [hereinafter Carson]. See also Coronel.
204 Carson at 5.
205 "Child Labour: Rescue Operations,"
Free Labor World, no. 4 (Brussels: International Confederation of Free
Trade Unions (ICFTU), April 1995) [on file] [hereinafter ICFTU article].
206 Carson at 4 and 7.
207 See Carson at 8; ICFTU article.
In May 1994, the Philippine Department of Labor and Employment and the National
Bureau of Investigations raided the sardine factory a second time since it
continued to operate despite an order to shut down. Labor officials and NBI
agents reportedly found about a hundred children working in the factory during
the second raid. The children ranged in age from 10 to 17 and were not paid
regularly or sufficiently. Former Labor Secretary Nieves Confesor stated that
the company continued to operate despite the order to shut down because its
owner was protected by a local official of the Philippine National Police. "Confesor
urges boycott of firms employing minors," Philippine Daily Inquirer
(Manila), May 20, 1994.
208 "Robina: 'Barracks' and
'Bartolenas' of the Child Workers,"
Child Workers Philippines, vol. 1, no. 3 (Manila: Kamalayan Development
Center, Inc., September 1993) 6-7 [on file] [hereinafter "Robina:
'Barracks' and 'Bartolenas' of the Child Workers"].
209 "Robina: 'Barracks' and
'Bartolenas' of the Child Workers" at 4-5. See also Coronel.
210 "Robina: 'Barracks' and
'Bartolenas' of the Child Workers" at 11.
211 Guerrero.
212 See International Child Labor Hearing,
U.S. Department of Labor (May 5, 1995) (Statement of the Government of the
Philippines) [hereinafter Testimony of the Government of the Philippines].
213 Testimony of the Government of the
Philippines.
214 Report of the Committee of Experts on
the Application of Conventions and Recommendations: General Report and
Observations Concerning Particular Countries (Geneva: International Labor
Organization, 82nd session, 1995) 111 [hereinafter 1995 Report of the
Committee of Experts].
215 Report of the Committee of Experts on
the Application of Conventions and Recommendations: General Report and
Observations Concerning Particular Countries (Geneva: International Labor
Organization, 81st session, 1994) 135 [hereinafter 1994 Report of the
Committee of Experts]. See also World Labor Report 1993 at
18; Joseph Albright and Marcia Kunstel, "Stolen Childhood, Global Report on
the Exploitation of Children," in Cox Newspapers (June
21-26, 1987) 11.
216 "An Interview with Sanpasit
Khumprapan," in Child Workers in Asia, vol. 8, no. 4 and
vol. 9, no. 1 (October-December 1992 and January-March 1993) 9.
217 World Labor Report 1993 at 18.
218 1994 Report of the Committee of
Experts at 136.
219 Welfare and Development of Child
Labour in the Manufacturing Industries (Bangkok: Government of Thailand,
1986) 6 [on file] [hereinafter Government of Thailand Report].
220 Government of Thailand Report at 3.
221 Government of Thailand Report at 1 and 6.
222 Government of Thailand Report at 8.
223 "Sweatshop Bosses Who Torture Child
Workers Could Face Death,"
Agence France Presse, February 6, 1992.
224 Dave Todd, "Thais Shocked by Story
of Worker-Prisoners,"
The Vancouver Sun, July 6, 1992.
225 "Thirty-two Youngsters Freed from
Thai Sweatshop," The Washington Times, June 3, 1994; "Thai
Sweatshop Raid Frees 32 Girls From Slave Labour," Agence France Presse,
May 31, 1994. Under current Thai law, employers who detain child workers can be
fined 6,000 baht ($240) and be jailed for up to three years. If a child dies as
a result of torture or mistreatment on the part of the employer, the maximum
sentence is 20 years' imprisonment. In 1994, the Thai Cabinet approved a bill,
yet to be enacted into law, that would impose stricter penalties on persons who
trade in women and children.
226 "Lao PDR and Child Labor,"
Child Workers in Asia, vol. 10, no. 2, (April-June 1994) 9.
227 China's National Labor Law prohibits
employers from recruiting juveniles under the age of sixteen. See American
Embassy-Beijing, unclassified telegram no. 11680, April 19, 1995. China has not
ratified either ILO Convention No. 29 Concerning Forced Labor or the U.N.
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery. Country Reports at 1273.
228 Sheila Tefft, "In China's Rush to
Riches, it Tries to Curb Child Labor," The Christian Science Monitor,
January 31, 1995 [hereinafter Tefft].
229 Tefft.
230 Tefft.
231 Brazil has ratified both ILO Convention
No. 29 Concerning Forced Labor, and the U.N. Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery. According to the U.S. Department of State Country Reports on Human
Rights Practices for 1994, the Constitution prohibits forced labor.
Country Reports at 340.
232 See FBIS report dated June 27,
1995 containing translated text of President Cardoso's speech [on file]
[hereinafter Cardoso speech].
233 Alison Sutton, Slavery in Brazil
(London: Anti-Slavery International, 1994) 62 [hereinafter Sutton].
234 While charcoal is not exported from
Brazil, it may be used by iron smelters that produce for the export market. It
is difficult to establish a link to exported iron since it is difficult to
identify the employer of the subcontracted charcoal laborers. See By
the Sweat and Toil of Children (Volume I) at 39. The United States imports
iron filings, ore and pellets from Brazil.
235 Terri Lapinsky, The Place for
Children is in School: Child Labor in Brazil's Export Industries (May 1994)
22 [on file] [hereinafter Lapinsky].
236 Sutton at 66.
237 Lapinsky at 22.
238 Sutton at 71-72.
239 Sutton at 70-71.
240 Labor inspection report, Operação
Mato Grosso do Sul, Ministry of Labor archive (March 1992) cited in Sutton
at 60.
241 Sutton at 60.
242 Sutton at 60.
243 Misery, Fear and Complicity: The
Recipe for Slave Labor in Brazil, Testimony by Darci Frigo, Paraná
Pastoral Land Commission, Anti-Slavery International submission to the U.N.
Working Group on Contemporary Forms of Slavery, Nineteenth Session, April 1994
[on file].
244 Cardoso speech.
245 Peru has ratified ILO Convention No. 29
Concerning Forced Labor, and is a signatory to the U.N. Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery. According to the U.S. Department of State Country
Reports on Human Rights Practices for 1994, Peruvian law prohibits forced
labor. Country Reports at 496.
246 Jesús Guillén-Marroquín,
"Child Labour in Peru: Gold Panning in Madre de Dios," in
Combating Child Labour (Geneva: International Labour Organization,
1988) 61 [hereafter Guillén-Marroquín].
247 Guillén-Marroquín at 61.
248 Guillén-Marroquín at 61 and
65.
249 Guillermo Mosquerira Lobatón, "Minería
Aurífera Aluvional en Madre de Dios," in XI Congreso Nacional de
Economístas del Perú (October 1994) [on file]; Guillén-Marroquín
at 65; and Hayes.
250 Ni Por Todo el Oro del Mundo:
Menores Trabajadores en los Lavaderos de Oro de Madre de Dios (Cusco:
Coordinadora Derechos del Niño Región INKA (CODENI), 1991) 16 [on
file] [hereinafter CODENI study]; Victoria Marchand, "Life and Death of
Children Working in Peruvian Gold Mines," International Children's
Rights Monitor, vol. 9, no. 2 (Geneva: Defence for Children International,
1992) [hereinafter Marchand]; Guillén-Marroquín at 68. There is
contradictory information concerning whether payment for the return trip home
following the nine-month contract period is provided by the employer, or is the
sole responsibility of the child.
251 Hayes.
252 Guillén-Marroquín at 65.
253 Hayes.
254 Guillén-Marroquín at 68.
255 Guillén-Marroquín at 68 and
73.
256 Guillén-Marroquín at 72.
257 Hayes; Guillén-Marroquín at
68.
258 Guillén-Marroquín at 71.
Some allege that there are cases where employers have children killed so that
they do not have to pay them. See Hayes.
259 Marchand.
260 Guillén-Marroquín at 69.
261 Guillén-Marroquín at 71.
262 Hayes.
263 Marchand; Guillén-Marroquín
at 63 and 74.
264 CODENI study at 21.
265 CODENI study at 19; Guillén-Marroquín
at 71.
266 Hayes.
267 Marchand.
268 CODENI study at 7.
269 1994 Report of the Committee of
Experts at 124. The ILO Committee of Experts (COE) noted that the
Government of Peru (GOP) had closed down and fined clandestine recruitment
agencies and organized educational campaigns to prevent workers from being
deceived by the "enganchadores." At the same time, however, the COE
urged that the Government of Peru take the necessary actions to ensure that
appropriate penalties were imposed on violators of the forced labor convention.
The Government of Peru indicated that it had decided to draft a directive
reiterating the prohibition on the employment of minors and the legal
requirements for recruiting workers into the Madre de Dios region. 1994
Report of the Committee of Experts at 124. No new developments were
reported by the COE in 1995. Representatives of several Peruvian NGOs have
indicated that the situation of minors working in the gold washeries remains
essentially unchanged. Peruvian Congressman Julio Castro Gómez has
proposed that a parliamentary investigation be undertaken. See Letter
from the Centro de Asesoria Laboral (CEDAL) to the International Child Labor
Study (June 2, 1995).
270 Children in Bondage: A Call
for Action at 7.
271 Indonesia has ratified ILO Convention No.
29 Concerning Forced Labor; it has not ratified U.N. Supplementary Convention on
the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery. According to the U.S. Department of State Country
Reports on Human Rights Practices for 1994, Indonesian law forbids forced
labor. Country Reports at 606.
272 Sri Lanka has ratified both ILO
Convention No. 29 Concerning Forced Labor, and the U.N. Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery. According to the U.S. Department of State Country
Reports on Human Rights Practices for 1994, forced or bonded labor is
prohibited under Sri Lankan law. Country Reports at 1267.
273 See generally Contemporary
Forms of Slavery in Pakistan at 10-11. See also Children in
Bondage: A Call for Action at 7.
274 Manjari Dingwaney with Sunil Dogra, R.
Vidyasagar, and Renu Gupta,
Children of Darkness: A Manual on Child Labor in India (New Delhi:
Rural Labor Cell, 1988) 17 [hereinafter Dingwaney et al].
275 Anti-Slavery Society, "Child Bonded
Labor," in Seminar on the Implementation of the Convention on the
Rights of the Child (International Commission of Jurists and Defense for
Children International, September 24-28, 1990) 5 [hereinafter "Child Bonded
Labor"].
276 World Labor Report 1993 at 12.
277 World Labor Report 1993 at 12.
Survey conducted in 1979 by the Gandhi Peace Foundation and the National Labor
Institute.
278 Children in Bondage: Slaves of the
Subcontinent at 30.
279 Children in Bondage: A Call for
Action at 6.
280 Children in Bondage: Slaves of the
Subcontinent at 30; Dingwaney et al at 18; "Child Bonded Labor" at
5.
281 Born to Work at 25 and 27.
282 "Child Bonded Labour" at 6.
283 India's Carpet Boys: A Pattern of
Slavery at 9.
284 Children in Bondage: Slaves of the
Subcontinent at 25. See also Rajendra K. Sail, "Agricultural
Child Bonded Labourers of Chattisgarh," in Into That Heaven of Freedom?
Report of the South Asian Seminar on Child Servitude (Bonded Labour
Liberation Front of India, June 1989) 47.
285 Burra at 26; Dingwaney et. al. at 19.
286 "Child Bonded Labor" at 5.
See also Child Labor: a Threat to Health and Development (Geneva:
Defense for Children International, 1985) 30.
287 Children in Bondage: Slaves of the
Subcontinent at 9; Sawyer at 64.
288 Children in Bondage: Slaves of the
Subcontinent at 30-31, citing from Marla, Sarma, Bonded Labor in
India, National Survey on the Incidence of Bonded Labour (New Delhi: Gandhi
Peace Foundation, 1981).
289 Sattaur at 42-43.
290 Country Reports at 1244; Bonded
Labor in Nepal, Anti-Slavery International submission to the U.N. Working
Group on Contemporary Forms of Slavery, Eighteenth Session, 1993 [on file]
[hereinafter 1993 ASI Submission on Nepal]. The 25,000 figure is derived from
interviews with over 17,000 individuals conducted by the NGO Informal Sector
Service Centre. See
Bonded Labor in Nepal under Kamaiya System (Kathmandu: Informal Sector
Service Centre, 1992) 50 [hereinafter Bonded Labor in Nepal under Kamaiya
System].
291 Letter from Child Welfare Society in
Kathmandu to the International Child Labor Study (May 21, 1995) [on file]
[hereinafter Child Welfare Society letter].
292 Bonded Labor in Nepal under Kamaiya
System at 34.
293 Bonded Labor in Nepal under the
Kamaiya System at 50 and 53-54; Sattaur at 48.
294 Bonded Labor in Nepal under Kamaiya
System at 46.
295 1993 ASI Submission on Nepal.
296 Bonded Labor in Nepal under Kamaiya
System at 61.
297 Child Welfare Society letter; interview
by U.S. Department of Labor official with Kiran Tewari, Secretary, Child Welfare
Society, Kathmandu (April 6, 1995). See also 1993 ASI Submission on
Nepal.
298 Sattaur at 47.
299 Bonded Labour in Nepal Under the
Kamaiya System at 51-52.
300 Sometimes Kamaiya are separated from
their children and wife in the process. See Child Welfare Society
letter.
301 Bonded Labor in Nepal under Kamaiya
System at 49 and 53.
302 Harold O. Sklar, Nepal, Indigenous
Issues and Civil Rights, The Plight of the Tana Tharu (Norwegian Institute
of International Affairs, 1991) cited in Sattaur at 47.
303 See Children in Bondage: Slaves of
the Subcontinent at 18; Testimony of Human Rights Watch/Asia. See also
Contemporary Forms of Slavery in Pakistan at 59 and 62-63.
304 A Report by the Bonded Liberation
Front of Pakistan, report to the U.N. Working Group on Contemporary Forms of
Slavery, Sixteenth Session, 1991.
305 Discover the Working Child at 20.
The Human Rights Commission of Pakistan states that "entire families of
farm workers are kept in bondage by feudals in Sindh." Letter to the
International Child Labor Study from Zohra Yusuf, Secretary-General, Human
Rights Commission of Pakistan (May 16, 1995) [on file].
306 Testimony of Human Rights Watch/Asia.
307 Contemporary Forms of Slavery in
Pakistan 62-63.
308 Discover the Working Child at 20.
309 Contemporary Forms of Slavery in
Pakistan at 64.
310 See Contemporary Forms of
Slavery in Pakistan at 63-65.
311 Contemporary Forms of Slavery in
Pakistan at 70.
312 Children in Bondage: Slaves of the
Subcontinent at 18.
313 Promotion and Protection of the
Rights of Children: Sale of children, child prostitution and child pornography:
Note by the Secretary-General, U.N. General Assembly, U.N. Doc. A/49/478,
October 5, 1994, p.29.
314 Children at Work at 102. The
Convention on the Rights of the Child, article 34, prohibits the sexual
exploitation of children.
315 See Kevin Ireland, 'Wish you
Weren't Here:' The Sexual Exploitation of Children and the Connection with
Tourism and International Travel (London: Save the Children Fund (UK), 1993)
3 [hereinafter Ireland];
In the Twilight Zone: Child Workers in the Hotel, Tourism and Catering
Industry (Geneva: International Labor Organization, 1995) 5-6 [hereinafter
Twilight Zone]. See also Ron O'Grady, Ending the
Prostitution of Asian Children (Paper presented at the Tenth Annual Congress
on Child Abuse and Neglect, Kuala Lumpur, September 11, 1994) 1 [on file]
[hereinafter O'Grady].
316 Children at Work at 104.
317 See The Progress of Nations
(New York: UNICEF, 1995) 34 [hereinafter Progress of Nations].
318 1994 Report of the Committee of
Experts at 28.
319 Twilight Zone at 6.
320 Twilight Zone at 6. The ILO
Committee of Experts notes that the Royal Thai Government estimates the number
of child prostitutes to be 20,000 to 30,000. The Committee states that it "recalls
that the Ministry of Health, Division of Venereal Diseases Control, reported in
1990 that child prostitutes numbered 86,000 and that data from the Police
Department showed that around 160,000 prostitutes would be under 16. Given the
number of children trafficked from neighboring countries, it is unlikely that
these figures would have decreased since 1990." 1995 Report of the
Committee of Experts
at 114-15. UNICEF "guesstimates" that there are 100,000 child
prostitutes in Thailand. Progress of Nations at 34. NGOs estimate the
number of child prostitutes to be 200,000 - 800,000. See Sex Tourism and
Child Prostitution in Asia: Legal Responses and Strategies (paper by
Douglas Hodgson, Senior Lecturer in Law, The University of Western Australia,
n.d.) 3 [on file] [hereinafter Hodgson]; See also O'Grady at 135; Children
at Work at 102.
321 Twilight Zone at 6-7. The
Norwegian Government reported in 1989 to the European Ministers of Justice that
one million children around the world are "kidnapped, bought or otherwise
forced onto the market for sex" each year. This number has been called
speculative by the ILO. See O'Grady at 135; Twilight Zone at 6.
322 Twilight Zone at 7; S. Srobanke,
"Child Prostitution in Thailand," in Voices of Thai Women,
Issue 4 (Bangkok: ECPAT,1990).
See also Gilberto Dimenstein, "Little Girls of the Night," in
Disposable Children: The Hazards of Growing Up Poor in Latin America,
vol. XXVII, no. 6 New York: North American Congress on Latin America,
May/June 1994) 29-33 [hereinafter Dimenstein].
323 American Consulate-Chiang Mai,
unclassified telegram no. 485, July 11, 1995 [hereinafter Chiang Mai 485];
Telephone interview by U.S. Department of Labor official with Mark Connolly,
UNICEF (May 1995); Yayori Matsui, "Trafficking Children for Sexual Purposes
in Asia," in Stop Trafficking Children for Sexual Purposes: Report of
the Consultation held in Taipei, June 1-3, 1994 (Taipei: ECPAT-Taiwan,
1994) 28-29 [hereinafter Matsui].
324 Rape for Profit: Trafficking of
Nepali Girls and Women to India's Brothels (New York: Human Rights
Watch/Asia, 1995) 13 [hereinafter Rape for Profit].
325 UNICEF/APRO Paper for Country
Planning and Programming (UNICEF: January 1989) cited in Children at
Work at 103.
326 "Abuse and Prostitution," Deccan
Herald (Bangalore, India) September 10, 1993 in My Name is Today,
Children in News, vol. 1, no. 2 at 120 [on file].
327 Dimenstein at 33.
328 Sale of Children: Report submitted by
Mr. Vitit Muntarbhorn, Special Rapporteur, U.N. Commission on Human Rights,
U.N. Doc. E/CN.4/1993/67, January 1993 at 26 [hereinafter 1993 Special
Rapporteur Report].
329 Hodgson at 5.
330 Twilight Zone at 4.
331 1993 Special Rapporteur Report at 26.
332 1993 Special Rapporteur Report at 26-27.
333 Twilight Zone at 21; Children
at Work at 108; End Child Prostitution in Asian Tourism Newsletter,
no. 13 (August 1995) 3. For the United States, see 18 U.S.C. 2423(b).
For Australia, see
International Child Labor Hearing, U.S. Department of Labor (May 5,
1995) (Statement of the Government of Australia).
334 Chiang Mai 485; The Thai Women of
Tomorrow (TWT) Project (Bangkok: February 1995)(mimeograph) [on file].
335 Twilight Zone at 8 and 20-21.
336 Twilight Zone at 22.
337 Ireland at 21.
338 Twilight Zone at 5.
339 A Modern Form of Slavery: Trafficking
of Burmese Women and Girls into Brothels in Thailand, (New York: Human
Rights Watch/Asia and Human Rights Watch/Women's Rights Project, 1993) 1
[hereinafter A Modern Form of Slavery].
340 A Modern Form of Slavery at 3 and
54.
341 Rialp at 10; Comprehensive Study on
Child Labor in the Philippines (Manila: Institute for Labor Studies,
Philippines Department of Labor and Employment, 1994) 52; Fyfe at 118-119.
342 See Chiang Mai 485.
343 Double Jeopardy: Police Abuse of
Women in Pakistan (New York: Human Rights Watch/Asia and Human Rights
Watch/Women's Rights Project, 1992) 126-133 [hereinafter Double Jeopardy].
The Pakistani National Council for Social Welfare estimated in 1991 that 100 to
150 Bengali women and girls averaging age 15 are brought into Pakistan each
month. Id.
344 Double Jeopardy at 126.
345 Dimenstein at 30; Sutton at 95.
346 Sale of Children, Child Prostitution
and Child Pornography: Report submitted by Mr. Vitit Muntarbhorn, Special
Rapporteur, U.N. Commission on Human Rights, U.N. Doc. E/CN.4/1994/84,
January 1994 at 38.
347 A Report on Action Research on Girls
in Especially Difficult Circumstances (Kathmandu: Legal Research and
Development Forum and UNICEF, 1995) 5 [hereinafter Report on Girls in
Especially Difficult Circumstances].
348 Country Reports at 1243; John
Ward Anderson, "Nepal's Shame, Girl-Trafficking Meets a Determined
Roadblock," The Washington Post, April 14, 1995 [hereinafter
Anderson article]; Report on Action Research on Girls in Especially
Difficult Circumstances at 5.
349 Child Network News (Kathmandu:
Children at Risk Network Group, January 1995) 1.
350 Sattaur at 60.
351 Progress of Nations at 34.
352 Chiang Mai 485.
353 A Modern Form of Slavery at 54.
354 See generally, A Modern Form of
Slavery at 53-59; Sutton at 94-103; and Dimenstein at 30.
355 A Modern Form of Slavery at 3.
356 Telephone interview by U.S. Department of
Labor official with Mark Connolly, UNICEF (May 1995).
357 Rape for Profit at 40.
358 Children at Work at 73.
359 Twilight Zone at 30; Telephone
interview by U.S. Department of Labor official with Mark Connolly, UNICEF (May
1995).
360 Twilight Zone at 30.
361 Children at Work at 127. See
also Matsui at 30-31.
362 Chiang Mai 485.
363 Matsui at 23; "Thailand School Girls
Sold as Prostitutes,"
The Statesman (Calcutta), February 20, 1994 in My Name is Today,
Children in News, vol. II, no. I (January-March 1994) 123.
364 Twilight Zone at 30.
365 Country Reports at 1243; Anderson
article. See generally, Rape for Profit. See also 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 -
Nepal (April 10, 1995), U.N. Doc. CRC/C/3/Add. 34, May 10, 1995, 69
[hereinafter Nepal Report to the Committee on the Rights of the Child].
366 "Sex Tourists Prey on Lanka's
Children," The Independent (Bombay, India), January 21, 1994 in
My Name is Today, Children in News, vol. II, no. I (New Delhi: Butterflies,
January-March 1994) 48 [on file] [hereinafter The Independent article].
367 Ireland at 22.
368 Twilight Zone at 5.
369 Twilight Zone at 47.
370 Twilight Zone at 43.
371 Ghana has ratified both ILO Convention
No. 29 Concerning Forced Labor, and the U.N. Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery. According to the U.S. Department of State Country Reports on Human
Rights Practices for 1994, Ghanaian law prohibits forced labor. Country
Reports at 104.
372 For more information, see Ritual
Slavery: The Sexual Exploitation of the Devadasis (India) [hereinafter Ritual
Slavery: The Sexual Exploitation of the Devadasis] and Fetish Slaves
(Ghana) [hereinafter Fetish Slaves], Anti-Slavery International
submissions to the U.N. Working Group on Contemporary Forms of Slavery,
Twentieth Session, April 1995 [on file]. On Nepal, see Country
Reports at 1243 andAnderson article. On Ghana, see also Country
Reports at 104.
373 Country Reports at 104; Fetish
Slaves.
374 Nepal Report to the Committee on the
Rights of the Child at 67-68.
375 Id.
376 Ritual Slavery: The Sexual
Exploitation of the Devadasis.
377 Testimony of Kailash Satyarthi,
Anti-Slavery International submission to the U.N. Working Group on Contemporary
Forms of Slavery, Sixteenth Session (July-August 1991); Comprehensive Study
on Child Labor in the Philippines (Manila: Institute for Labor Studies,
Philippines Department of Labor and Employment, 1994) 45; Rape for Profit
at 35; Anderson article. See also Richard S. Ehrlich, "On the
Streets of Bangkok," Freedom Review (September-October 1994) 7.
378 "Chinese Girls Being Lured into Thai
Brothels," The Statesman (New Delhi), May 5, 1993, cited in
My Name is Today, vol. 1, no. 1 (New Delhi: Butterflies, n.d.) 94-95.
379 Sutton at 97-98; Dimenstein at 32.
380 Twilight Zone at 51.
381 Dimenstein at 32.
382 Progress of Nations at 34.
383 Children at Work at 64.
384 Twilight Zone at 50-51.
385 Telephone interview by U.S. Department of
Labor official with Mark Connolly, UNICEF (May 1995).
386 Twilight Zone at 50-51.
387 Fyfe at 113.
388 Children at Work at 115.
389 Children at Work at 115. See
also Fyfe at 113; Child Domestic Workers in West Africa,
Anti-Slavery International submission to the U.N. Working Group on Contemporary
Forms of Slavery, Twentieth Session, April 1995 [on file]; S.W.E. Goonesekere,
Child Labour in Sri Lanka: Learning From the Past (Geneva:
International Labor Organization, 1993) 11 [hereinafter Goonesekere].
390 The Côte D'Ivoire has ratified both
ILO Convention No. 29 Concerning Forced Labor, and the U.N. Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery. According to the U.S. Department of State Country
Reports on Human Rights Practices for 1994, forced labor is prohibited by
law in the Côte D'Ivoire. Country Reports at 64.
391 Sattaur at 54; Interview by Department of
Labor official with Ms. Mahoua Coulibaly and Ms. Lucie Coulibaly of LIDHO
(Ivoirian League for Human Rights), Abidjan, June 2, 1994; "At the Mercy of
Dreadful Homes," The Statesman (Calcutta), June 7, 1993, in My
Name is Today, vol.1, no. 1 (New Delhi: Butterflies, n.d.) 82.
392 American Embassy-Damascas, unclassified
telegram no. 1578, April 21, 1995.
393 Fyfe at 114.
394 Morocco has ratified both ILO Convention
No. 29 Concerning Forced Labor, and the U.N. Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery. According to the U.S. Department of State Country Reports on Human
Rights Practices for 1994, ILO Convention No. 29 was adopted by decree and
thus forced labor is prohibited under Moroccan law. Country Reports at
1153.
395 Country Reports at 1152.
396 Sudan has ratified ILO Convention No. 29
Concerning Forced Labor and the U.N. Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
According to the U.S. Department of State Country Reports on Human Rights
Practices for 1994, Sudanese law prohibits forced or compulsory labor. Country
Reports at 253.
397 Shyam Bhatia, "Sudan Revives the
Slave Trade," in
Sudan Human Rights Voice, vol. 4, issue 3 (March 1995) 4 [on file]
[hereinafter Sudan Human Rights Voice article]; Sudan: War, Slavery
and Children, Anti-Slavery International submission to the U.N. Working
Group on Contemporary Forms of Slavery, Seventeenth Session, 1992 [on file].
398 The Tears of Orphans: No Future
Without Human Rights (New York: Amnesty International, 1995) 76-77
[hereinafter The Tears of Orphans];
World Labor Report 1993 at 11.
399 World Labor Report at 11.
400 1994 Report of the Committee of
Experts at 131, citing report of the U.N. Commission on Human Rights
Special Rapporteur on Sudan, February 1994 (U.N. Doc. E/CN.4/1994/48).
401 Benin has ratified ILO Convention No. 29
Concerning Forced Labor; it has not ratified the U.N. Supplementary Convention
on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery. According to the U.S. Department of State Country
Reports on Human Rights Practices for 1994, the labor code prohibits forced
or compulsory labor. Country Reports at 12.
402 Letter from the Benin Commission on Human
Rights to the International Child Labor Study (April 10, 1995) [on file].
403 Testimony of WAO-Afrique, Anti-Slavery
International submission to the U.N. Working Group on Contemporary Forms of
Slavery, Twentieth Session, April 1995 [on file].
404 Helen Rahman, Situation of Child
Domestic Services (Dhaka, study commissioned by UNICEF/Dhaka, 1992) 12 [on
file] [hereinafter Rahman].
405 Haiti has ratified both ILO Convention
No. 29 Concerning Forced Labor, and the U.N. Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery. According to the U.S. Department of State Country Reports on Human
Rights Practices for 1994, the Labor Code prohibits forced or compulsory
labor. Country Reports at 430.
406 1994 Report of the Committee of
Experts at 104 citing Minnesota Lawyers International Human Rights
Committee submission to the U.N. Working Group on Contemporary Forms of Slavery,
August 1989.
407 "At the Mercy of Dreadful Homes,"
The Statesman (Calcutta), June 7, 1993, cited in My Name is Today,
vol. 1, no. 1(New Delhi: Butterflies, n.d.) 82-83.
408 The Situation of Women and Children
in Lesotho 1991, (New York: UNICEF and the Lesotho Ministry of
Planning, Economic and Manpower Development, 1991) 129 [on file].
409 Rahman at 10.
410 Sudan Human Rights Voice article
at 4-5;
411 Human Rights Report Sudan 1995
[video] (Washington: The Puebla Institute, 1995) [on file].
412 American Embassy-Port-au-Prince,
unclassified telegram no. 3579, May 20, 1995.
413 1994 Report of the Committee of
Experts at 128.
414 Goonesekere at 111.
415 Country Reports on Human Rights
Practices for 1993 (U.S. Department of State, February 1994) 1257.
416 Mohammed Hanif, "Camel Kids are
Still Riding," Anti-Slavery Reporter (London: Anti-Slavery
International, 1994) 72-75 [hereinafter Hanif].
417 Country Reports 1994 at
1192.
418 Country Reports 1994 at 1192.
419 Unclassified memorandum from U.S.
Department of State, Bureau of Near Eastern and Arabian Peninsula Affairs, to
the International Child Labor Study (August 31, 1995).
420 Newsletter of Women and Children
International (Dedham, Massachusetts: Women and Children International,
n.d.) [on file].
421 Goonesekere at 16.
422 Goonesekere at 16. See also "Children
sold as Camel Jockeys to the Emirs," Journal de Genève,
January 26, 1995.
423 Goonesekere at 17.
424 "Camel Jockeys are Coming Home,
but..." in Shishu Adhikar Newsletter on the Rights of the
Child, vol. 1, no. 3 (Dhaka: Shishu Adhikar, May 1993) 1 [on file].
425 Goonesekere at 17.
426 "The Cruel Fate of Camel Jockeys"
(editorial), Boston Globe, July 14, 1992.
427 Hanif at 74; Goonesekere at 17.
This report is published by the U.S. Department of Labor, Bureau of
International Affairs. Copies of this report or the 1994 report, By The
Sweat and Toil of Children (Volume I): The Use of Child Labor in U.S.
Manufactured and Mined Imports, may be obtained by contacting the
International Child Labor Study Group, Bureau of International Affairs, U.S.
Department of Labor, Rm. S-1308, 200 Constitution Ave., NW, Washington, DC
20210. Tel: (202) 208-4843; Fax: (202) 219-4923. The reports are available on
the Internet via World-Wide Web:
http://www.ilr.cornell.edu/library/e_archive/ChildLabor/. They can also be
accessed at FTP site: ftp.ilr.cornell.edu or via GOPHER at
gopher.ilr.cornell.edu.
