Bureau of International Labor Affairs (ILAB)

This report was prepared in accordance with Section 412(c) of the Trade and Development Act of 2000 (TDA), Pub.L. 106-200.[1] 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.[2] 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.”[3] The countries referenced in the legislation are those countries that may be designated as beneficiaries under the U.S. Generalized System of Preferences (GSP),[4] and includes GSP countries designated to receive additional benefits under the Caribbean Basin Trade Partnership Act (CBTPA) and African Growth and Opportunity Act (AGOA).[5]

Generalized System of Preferences

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.[6] The GSP program was enacted by Title V of the Trade Act of 1974.[7] When the Trade and Tariff Act of 1984 reauthorized the program, new eligibility criteria included a requirement that countries take steps to afford internationally recognized worker rights.[8] 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.”[9]

The Worst Forms of Child Labor

The definition of the worst forms of child labor provided in Section 412(b) of the TDA[10] is 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.

The work referred to in subparagraph (D) shall be determined by the laws, regulations, or competent authority of the beneficiary developing country involved.

The definition of the worst forms of child labor provided in the TDA is substantially similar to that of ILO Convention 182[11] except that the Convention specifies that the work referred to above in subparagraph D “…shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards…”.[12] While the language of ILO Convention 182 and the TDA provides a clear indication of three categories of the worst forms of child labor in subparagraphs A-C, it does not provide a universal definition of what constitutes a worst form of child labor, as reflected in the more general language of the Convention and the TDA with respect to the fourth category of the worst forms. Since there is no universally accepted set of activities that falls into subparagraph (D), ILO Recommendation 190 on the worst forms of child labor provides certain guidelines countries may consider in determining what constitutes a worst form of child labor under this category.[13]

Structure of the Report

The report provides individual profiles on 125 independent countries and a summary report on 19 non-independent countries and territories designated as GSP beneficiaries and/or beneficiaries under the CBTPA and AGOA. Wherever possible, these profiles focus on the worst forms of child labor, rather than on child labor in general. However, the profiles do not always make this distinction. First, some governments have not yet determined what constitutes a worst form of child labor in their country or territory under subparagraph (D) of ILO Convention 182. Furthermore, because individual countries determine what constitutes a worst form of child labor under subparagraph (D), there is no universally accepted definition of all the worst forms of child labor. Finally, data and information on the incidence of the worst forms of child labor is often unavailable, due to the hidden nature of such activities. Therefore, the report presents as complete a picture as possible of the child labor situation in a country or territory. 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 problem in a country regarding the worst forms of child labor, this section describes government initiatives aimed at combating such practices. It is important to note, however, that it is often difficult to separate those policies and programs that address only the worst forms of child labor from those that focus on child labor in general. In addition, although government efforts may not be focused on the worst forms of child labor, initiatives that improve family income or increase school attendance may have an impact on the worst forms of child labor. For these reasons, this section of the report provides information on both types of child labor initiatives where appropriate. 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. Each country’s government efforts may include those policies or programs that have received funding and technical assistance from international agencies, donor governments, and international financial institutions; and initiatives that are implemented and supported through nongovernmental organizations and in cooperation with other governments. Many countries 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.

Incidence and Nature of Child Labor

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 although the quantity and quality of child labor data is continuously increasing and improving, 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 child labor or from light work performed by children. In most instances overall child labor information is reported because data specifically on the worst forms are 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.[14] This information provides an indication of the extent to which children are participating 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.[15] Information pertaining to gender, ethnicity, or rural/urban demographics is provided, if particularly relevant.

Child Labor Laws and Enforcement

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. While such laws may not explicitly prohibit the worst forms of child labor, prohibitions against child labor and enforcement thereof may influence the nature and extent of the worst forms of child labor. However, laws that prohibit children’s involvement in the worst forms of child labor are given special attention.

Where available and substantiated, information is provided on penalties for violations of child labor laws, regulations and policies, as well as other enforcement and prosecution data. Formal institutional mechanisms that aim to promote adherence to and enforcement of child labor laws, regulations and policies, particularly related to the worst forms of child labor, are also reviewed.

Finally, this section reports whether a country has ratified the principal ILO conventions on child labor, Conventions 138 on Minimum Age for Employment and 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 governments, international organizations, 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 a Department request for public input published in the Federal Register.[16]

[1] Trade Act, U.S. Code, (1974), Title 19, Section 2464.

[2] Ibid., Section 2101 et seq.

[3] Ibid., Section 2464. See infra “The Worst Forms of Child Labor” and “Structure of the Report” for a discussion of the distinction between worst forms of child labor and child labor.

[4] Ibid., Section 2461.

[5] The Caribbean Basin Trade Partnership Act, which constitutes Title II of the TDA, provides additional 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, 106^th Cong., 2^nd Sess. 123 (2000) states that with regard to “additional 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.” In addition to providing information on GSP beneficiaries’ efforts to eliminate the worst forms of child labor, this report also provides information on the efforts of CBTPA and AGAO beneficiaries.

[6] Trade Act, Section 2461.

[7] Ibid., Section 2461-67.

[8] Ibid., Section 2462(b)(2)(G) and (c)(7). Internationally recognized worker rights are defined to include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; and acceptable conditions of work with respect to minimum wage, hours of work and occupational safety and health. See Trade Act, Section 2467 (4). For a complete listing of ineligibility criteria under the GSP, see Trade Act, Section 2462 (b).

[9] Trade Act, Section 2462(b)(2)(H).

[10] Trade Act, Section 2467(6).

[11] ILO Convention 182 requires ratifying countries to take measures to prohibit and eliminate the worst forms of child labor as a matter of urgency. The Convention, which was unanimously adopted by the International Labor Conference in 1999, is the most rapidly ratified international labor convention in the ILO’s history. By November 2003, more than 140 countries had ratified Convention 182.

[12] ILO, C182 Worst Forms of Child Labour Convention, 1999, in ILOLEX, [database online] 2002 [cited January 5, 2004]; available from http://www.ilo.org/ilolex/english/convdisp2.htm.

[13] These guidelines include consideration of whether the work exposes children to abuse, if the work is conducted in an unhealthy environment, or if the work involves long hours, among other considerations.

[14] 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.

[15] For a description of this data and a discussion of its limitations, please see the “Data Sources” section of this report.

[16] U.S. Department of Labor, "Request for Information on Efforts by Certain Countries to Eliminate the Worst Forms of Child Labor," Federal Register vol. 68 no. 125 (June 30, 2003), 38722-24.

	U.S. Department of Labor Bureau of International Labor Affairs