* Tanzania ratified ILO Convention No. 138 in June 1998. However, the official instrument of ratification has not been registered with the ILO. Electronic Correspondence from Brenda Ingunza-Barinotto, International Standards Department, ILO/Geneva, to U.S. Department of Labor Official (September 29, 1998) and Electronic Correspondence from William Mallya, National Programme Coordinator, ILO/IPEC Tanzania, to U.S. Department of Labor Official (September 4, 1998).

** Turkey is in the process of ratifying Convention No. 29 and Convention No. 138. The Turkish Parliament recently published the ratification of Conventions No. 29 and No. 138 in the Official Gazette. However, the official instrument of ratification has not been registered with the ILO. Electronic Correspondence from Brenda Ingunza-Barinotto, International Standards Department, ILO/Geneva to U.S. Department of Labor official (September 29, 1998) [on file]. See also U.S. Embassy-Ankara, unclassified telegram no. 01329, February 10, 1998.

Section 3 (3): Prohibits the employment of children below 12 years in workshops involving the process of bidi (small cigar) making, carpet weaving, cement manufacturing including bagging of cement, cloth printing, dyeing and weaving, manufacture of matches, explosives and fireworks, soap manufacture, tanning, wool cleaning, and others.

Section 24: No child shall be allowed in any factory to clean, lubricate, or adjust any part of machinery while that part is in motion.

Section 25: No child or young person shall work at any dangerous machine unless trained in its use.

Section 29: No child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work.

Section 36: No child or young person is allowed to carry by hand or head (unaided) beyond the following weight limits:

Adolescent Child

Male - 50 lbs Male - 35 lbs Female - 40 lbs Female - 30 lbs

Section 70: No child or adolescent shall be allowed to work in any factory:

i. for more than five hours in any day, and
ii. between the hours of 7 p.m. and 7 a.m.

ILO Convention No. 29 (forced labor, 1930) - ratified in 1972.

ILO Convention No. 59 (revised, industry, 1937) - ratified in 1972.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1972.

1. Child Labour in Bangladesh: Views of the Government of Bangladesh (Dhaka: August 1993) 4 [on file] [hereinafter Child Labour in Bangladesh].

2. Wahidur Rahman, Child Labour in Bangladesh: Its Context and Response to It (Dhaka: ILO/IPEC, 1998) 6 [hereinafter Context and Response].

3. Ibid. at 7.

4. Ibid. at 6. See also Child Labour in Bangladesh at 5.

5. Child Labor in Bangladesh at 4. See also Thérèse Blanchet, Lost Innocence, Stolen Childhoods (Dhaka: University Press Limited, 1996) 173-174 [hereinafter Lost Innocence, Stolen Childhoods].

6. Context and Response at 6.

7. Ibid.

8. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

9. Lost Innocence, Stolen Childhood at 2.

Article 7 (para. 33): Prohibits "...nocturnal, dangerous or unhealthy labor by those of less than 18 years of age and any work whatsoever by those of less than 14 years of age, except as apprentices."

Article 203: States that social assistance must be rendered to all those in need, independently of whether they contribute to the social security system, and gives special emphasis to providing support to needy children and adolescents.

Article 227: "It is the duty of the family, society and the State to ensure that absolute priority will be given to ensuring children and adolescents of the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom and family and community life, while also safeguarding them from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression."

Article 227: "...the State shall sponsor programs aimed at providing total assistance to the health of children and adolescents, with the participation of nongovernmental entities, should that be required...."

(promulgated by Law No. 8069 dated July 13, 1990)²

Chapter V: Prohibits labor in all its forms to minors under 14 years of age "except as apprentices."

Article 67: Prohibits working adolescents and apprentices from engaging in nocturnal, dangerous, unhealthy, hazardous, or arduous work, undertaken in establishments that jeopardize the physical, psychological, moral or social development of the minor or in establishments that do not allow children's attendance in school.³

Article 86: Creates municipal, state and national Councils in defense of the rights of children and adolescents, composed of governmental and non-governmental entities. States that "the policy aimed at complying with the rights of children and adolescents will be enforced through a coordinated complex of governmental and nongovernmental actions at the levels of the federal, state, municipal and Federal District governments."

Article 131: Creates Guardianship Councils (tutelary councils) to ensure effective enforcement of statutory proposals. These Councils are permanent and autonomous nonjurisdictional bodies charged with the task of overseeing compliance with the rights of children and adolescents.

Article 2: States that, among others, social assistance has the following objectives: (i) protection of family, childhood and adolescence; (ii) support to needy children and adolescents.

Article 403: Prohibits work for minors under 14. Work for those under 14 is subject to the conditions established in this law and the attendance and attainment of primary education and it is limited to work that is light and non-hazardous to their health and normal development.

Article 404: Prohibits minors under 18 from engaging in nocturnal work between the hours of 10 p.m. and 5 a.m.

Article 405: Minors are prohibited from work in: (I) dangerous or unhealthy establishments or services, as established by the Director General of the National Department of Occupational Safety and Health, and (II) establishments or services that jeopardize the morals of minors.

Apprentices above the age of 16 are exempted from item (I) as long as the place of work has been visited and approved by the pertinent occupational safety and health authorities, and minors are subjected to a medical exam on a quarterly basis.

Street work shall be authorized by the Judge of Minors to verify that the work is indispensable for a child's survival or that of his/her parents, grandparents or siblings, and that the work does not jeopardize his/her moral development.

Work that is considered to be harmful to the morals of minors is that: undertaken in theaters, movies theaters, boats, casinos, cabarets, or similar establishments; in circus enterprises; and in the production, delivery, or sale of any printed material that could be considered harmful to their moral development.

Article 431: Candidates selected as apprentices should have the minimum age of 14 and should satisfied the following conditions: have completed primary school or have the minimum skills necessary for professional [vocational] training; have the physical and mental capacity to undertake the activity; and not have contagious illnesses and be vaccinated against smallpox.

NR 22.1.2: Underground work shall only be allowed for men between the ages of 21 and 50 years old.

NR 22.1.4: Apprentices in underground mines must observer the following provisions: the candidate must be at least 18 years old have a medical exam; the first year of apprenticeship should be on theory conducted in above ground classrooms; the second and third year should include theoretical and practical training, both under and above ground, lasting about 3 hours each; the curriculum must include training on mines safety and health; and the apprentice must received personal protective equipment from the employer.

ILO Convention No. 5 (minimum age for industrial sector, 1919) - ratified in 1934.

ILO Convention No. 29 (forced labor, 1930) - ratified in 1957.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1965.

1. Child Labor in Brazil: Issues and Policies (Brasília: Presidência da República/Câmara de Politica Social, 1997) 27-29.

2. Ibid.at 29-31.

3. Estatuto da Criança e do Adolescente, Lei Federal No. 8069 (Brasília: July 13, 1990).

4. Ibid. at 32.

5. Consolidação das Leis do Trabalho (Brasília: November 10, 1943).

6. Normas Regulamentadoras Segurança e Saúde do Trabalhador (Brasília: Ministry of Labor) (undated) [on file].

7. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

8. Child Labor in Brazil at 33.

Article 64: "Children shall not be employed for work before attaining 14 complete calendar years of age. Nor shall they be provided with training before they attain 12 calendar years of age.

Children of 12 to 14 years of age may, by decree of the concerned Governor, after obtaining the approval of the Minister of Education, be employed for seasonal work which should cause no harm to their health or growth, nor disturb their studies."

Article 65: "The Executive Statutes shall indicate the system of employing the children and the conditions, circumstances and cases in which they are employed, as well as the works, crafts, and trades in which they shall be engaged, in accordance with age limitations."

Article 66: "A child shall not be employed to work for more than six hours a day, and the working hours shall comprise a meal and rest interval or more than one interval amounting to a total of not less than one hour. These periods shall be determined so the child shall not be made to work more than four continuous hours.

Children shall not be employed to work overtime, or work during the weekly rest days or official holidays. In all cases, children shall not be made to work between 8 p.m. and 7 a.m."

1) Furnaces/ovens in bakeries; 2) Cement factories; 3) Petroleum distillation labs; 4) Freezing units; 5) Ice making; 6) Mechanical oil pressing; 7) Fertilizers, acids and chemicals; 8) Cotton bailing; 9) Pressurized gas filling; 10) Bleaching, dying and fabric/textile printing; 11) Lifting weights, or pulling or pushing loads exceeding a certain weight.

1) Mining and extraction of metals and rocks; 2) Ovens for melting, distilling, or producing metals; 3) Coating mirrors with mercury; 4) Explosives and related activities; 5) Melting and processing of glass; 6) Oxygen, acetylene, or electrical welding; 7) Alcoholic beverages; 8) Vehicle paint; 9) Treatment, preparation, storing, or extraction of silver from ash containing lead, and extraction of silver from lead; 10) Tin containers, containing more than 10 percent lead; 11) Different kinds of lead; 12) Electrical batteries; 13) Cleaning of certain workshops; 14) Operating engines; 15) Fixing/cleaning engines in operation; 16) Tar production; 17) Tanneries; 18) Fertilizers extracted from manure, bones, or blood; 19) Skinning, sectioning, and fat extraction of animals; 20) Rubber industry; 21) Transporting passengers; 22) Loading and unloading of cargo; 23) Stacking cotton seed in ship cargo holes; 24) Coke production; 25) Hostesses in nightclubs; 26) Bars.

ILO Convention No. 29 (forced labor, 1930) - ratified in 1955.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1958.

1. Law No. 12 for the year 1996, Enacting the Child Law (Cairo: Official Journal, Issue No. 13, 1996) 30-31.

2. JL Guirguis, "Children Work in Hazardous Jobs" (1998) 1 [on file].

3. Ibid. at 1-2.

4. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

5. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

Article 102 Part L: "Minors under 14 years of age cannot be employed in any type of work, with exceptions established by law. It is forbidden to employ minors in work incompatible with their physical capacity or which endangers their moral formation."²

Article 147: "Work of women and minors must be tailored specially to their age, physical condition, and intellectual and moral development."

Article 148: "The following are prohibited:

(a) work by women and minors in unhealthy or dangerous places;

(b) [suppressed];

(c) night work and overtime work for minors;

(d) daytime work of minors in bars and other similar establishments where alcoholic beverages for immediate consumption are served;

(e) work of children below 14 years."

Article 149: "The daytime workday for minors as established in Article 116, paragraph 1, must be reduced by an hour a day and by six hours a week for those over 14 years and by two hours a day and by 12 hours a week for those who are 14 and younger as long as their work is authorized in accordance with Article 150." [Minors 14 or younger may work 6 hours a day and 36 hours a week. Those over 14 years may work 7 hours a day and 42 hours a week].

Article 150: "The General Inspectorate of Work can give, in exceptional cases, written authorization to permit normal daytime work by minors under 14 years of age or, to decrease or eliminate the reductions stated in Article 149.

Parties interested in having the necessary authorizations granted must prove: (a) that the minor will work as an apprentice or that he/she needs to contribute to the family income, due to extreme poverty of his/her parents or guardian; (b) that the work is light in duration and intensity, compatible with the physical, mental, and moral health of the minor; and (c) that in some way the obligation of school attendance is met.

Each written authorization must clearly state the minimal conditions under which minors may work."

Article 7: "No child or youth shall be subjected to any kind of negligence, discrimination, marginalization, exploitation, violence, cruelty or oppression punishable by law."

Article 9: "Children and youth have a fundamental right to life. The State is obliged to guarantee their survival and development. Children and youth have the right to the protection, care, and assistance they need to achieve adequate physical, mental, and social development. These rights apply from the time of their conception."

Article 17: "Children and youth have the right to report violations of their rights to the nearest local authority with the aim of guaranteeing human respect, protection and restitution of these rights."

Article 53: "Children and youth have the right to be protected against economic exploitation, work that might be hazardous to their physical and mental health, or that impedes their access to education. Children and youth have the right to be protected by the State, family, and society so that they can dedicate themselves to education, sports, culture, and recreation appropriate to their age, benefiting their physical and mental health."

Article 62: "Working youth are those who directly participate in an activity that generates income on a formal, informal, or family basis. The work must be fairly remunerated and undertaken in conditions suited to their age, capacity, and physical and intellectual development, as well as their moral and cultural values, and must not interfere with school attendance."

Article 63: "Working youth in the formal sector are defined as those older than 14 years of age, who have an individual or a juridical employer, or who work for an enterprise according to the norms of the Commercial Code, in a relationship of subordination and dependence, with a set work schedule, and subject to an individual work contract."

Article 64: "Working youth in the informal sector are defined as those older than 14 who undertake work activities on their own or for an employer who is commercially active but does not comply with the tax and commercial legislation of the country."

Article 65: "Youth below 14 years of age are prohibited from working, except as set forth in article 150, with properly regulated and prior authorization from the Protection Unit for Working Youth."

Article 66: "Working youth shall be protected not only by the norms contained in this Code, but also those in the Political Constitution, the Labor Code, and the International Conventions on this matter that have been ratified by Guatemala."

ILO Convention No. 29 (forced labor, 1930) - ratified in 1989.

ILO Convention No. 59 (minimum age, revised, industry, 1937) - ratified in 1989.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1959.

ILO Convention No. 138 (minimum age, 1973) - ratified in 1990

a. Some provisions are unofficial translations

Sources:

1. Guatemala (Cartegena: Sistema Regional de Información sobre Trabajo Infantil - ILO/IPEC, 1997) 16-20.

2. Gisbert H. Flanz, Constitutions of the Countries of the World (New York: Oceana Publications, January 1997) 27.

3. Codigo de Trabajo de la Republica de Guatemala (Guatemala City: Ministerio de Trabajo y Previsión Social, 1996) 44, 51-53.

4. Código de la Niñez y la Juventud, Decreto Numero 78-96 (Guatemala: Congresso de la República de Guatemala, 1990). This code will go into effect during the year 2000.

5. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

6. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

(1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Article 24: Prohibition of employment of children in factories, etc. -

No child below the age of 14 years shall be employed to work in any factory or mine or be engaged in any other hazardous employment.

Article 39: Certain principles of policy to be followed by the State -

The State shall, in particular, direct its policy securing -

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Section 45: (1) No child shall be employed in any mine, nor shall any child be allowed to be present in any part of a mine which is below ground or in any (open cast working) in which any mining operations are being carried on.

Part II

Section 3: Prohibition of employment of children in certain occupations and processes - No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on:

Provided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government.

Part A:

Any occupation connected with - (1) Transport of passengers, goods or mail by railway; (2) Cinder picking, clearing of an ash pit or building operation in the railway premises; (3) Work in catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train; (4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; (5) A port authority within limits of any port; (6) Work relating to selling of crackers and fire-works in shops with temporary licences; (7) Abattoirs/Slaughterhouses.

Part B:

(1) Bidi-making; (2) Carpet-weaving; (3) Cement manufacture, including bagging of cement; (4) Cloth printing, dyeing and weaving; (5) Manufacture of matches, explosives and fire-works; (6) Mica-cutting and splitting; (7) Shellac manufacture; (8) Soap manufacture; (9) Tanning; (10) Wool-cleaning; (11) Building and construction industry; (12) Manufacture of slate pencils (including packing); (13) Manufacture of products from agate; (14) Manufacturing processes using toxic metals and substances such as lead, mercury, managanes, chromium, cadmium, benzene, pesticides and asbestos; (15) "Hazardous processes" as defined in section 2(cb) and 'dangerous operations' as notified in rules made under section 87 of the Factories Act, 1948 (63 of 1948); (16) Printing as defined in section 2(k) (iv) of the Factories act, 1948(63 of 1948);

(17) Cashew and cashew nut descaling and processing; (18) Soldering process in electronic industries.

(a) in a school ship or training ship, in accordance with the prescribed conditions; or

(b) in a ship in which all persons employed are members of one family; or

(c) in a home-trade ship of less than two hundred tons gross; or

(d) where such person is to be employed on nominal wages and will be in the charge of his father or other adult near male relative.

(Conditions of Employment) Act, 1966⁷

Section 24: No child shall be required or allowed to work in any industrial premises.

Section 21: No child shall be allowed to work in any motor transport undertaking.

ILO Convention No. 5 (minimum age for industrial sector, 1919)- ratified in 1955.

ILO Convention No. 29 (forced Labor, 1930) - ratified in 1954.

ILO Convention No. 123 (minimum age for underground work, 1965) - ratified in 1975.

1. Child Labour: Challenge and Response (Noida: National Resource Centre on Child Labor, V.V. Giri National Labour Institute, 1998) 13-15.

2. Survey on Child Labor (West Bengal: Labour Department, March 1997) 12 [hereinafter Survey on Child Labor].

3. Ibid. at 12 and 26.

4. Ibid. at 1. See also "Written Submission by the Embassy of India," Public Hearings on International Child Labor, (Washington, D.C.: U.S. Department of Labor, February 13, 1998) 15.

5. Survey on Child Labour at 12.

6. Ibid. at 5 and 26.

7. Ibid. at 12.

8. Ibid.

9. Ibid. at 13.

10. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

11. "Child Labour in India," UNICEF Press release (New Delhi: UNICEF Information Service, 1996) 3.

The provisions of the Act prohibit employment of children in any "industrial undertaking" which includes mines, quarries and other works for the extraction of any substance from or from under the surface of the earth, factories, construction sites, transportation of passengers or goods, open cast workings or sub-surface workings which are entered by means of a shaft, etc.

Part II, clauses 4 and 5: Restricts the employment of children and young persons in prescribed industrial undertakings.

Part II, section 6: Empowers the President of the nation to prohibit employment of children in certain economic sectors.

2. (1) No person shall employ any child without the prior written permission of an authorized officer, provided that no permission shall be given to employ any child:

(i) in such circumstances as would cause the child to reside away from its parents or guardian unless the parents' or guardian's approval to such employment has first been obtained in writing; or

(ii) in any bar, hotel, restaurant or club where intoxicating liquor is sold or anywhere as a tourist guide unless the Labor Commissioner has consented in writing to such employment and the child is in possession of a copy of the consent.

(2) Every permit issued under this rule must be renewed annually.

(3) A person who employs a child, or causes a child to be employed without prior written permission of an authorized officer, whether or not the person is a parent or guardian of such child, shall be guilty of an offense.

(4) Every person authorized to employ more than 10 children on a permanent basis shall designate a person to be approved by the labor commissioner to be responsible for the welfare of the children.

(5) Any person who fails to comply with any of these Rules, shall be guilty of an offense and upon conviction shall be liable to a fine not exceeding 4,000 shillings (US$ 70).

(6) Section 28 of the Employment Act stipulates that children should not be employed in any industrial undertaking between the hours of 6:30 p.m. and 6:30 a.m.

ILO Convention No. 29 (forced labor, 1930)- ratified in 1964.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1964.

ILO Convention No. 138 (minimum age, 1973) - ratified in 1979.

1. FKE Guidelines on Employment of Children (Nairobi: Federation of Kenya Employers, 1996) 2 [on file] [hereinafter "FKE Guidelines"].

2. Benson Odera 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) 26 [hereinafter Action against Child Labour in Kenya].

3. "FKE Guidelines" at 2.

5. Ibid. at 28. Under the Age of Majority Act (Cap. 33), minors are all those under the age of 18.

6. Ibid.

7. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

8. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

"It shall be unlawful to employ children under 14 years of age and those between 14 and 16 years of age who have not completed their compulsory education, except in such cases approved by the competent authority, where, in the opinion of such authority, the employment does not exclude the possibility of completing the child's education."

Section 23: Employment of persons over 16 years of age

"Any person who has reached 16 years of age may give his services freely, subject to the limits laid down in this law. Children between 14 and 16 years of age shall require the authorization of their parents or guardian, or failing this, the authorization of the trade union of which they are a member, of the Conciliation and Arbitration Board, and the Inspectorate of Labor of the government authority.

Persons under full legal age who are in employment shall have the right to have their wages paid to them in person and institute any legal proceedings in connection therewith."

Section 29: Employment of young persons of less than 18 years of age abroad

"It shall be unlawful to employ young persons under 18 years of age for employment outside the Republic, except in the case of persons with technical or professional training, artists, athletes and specialized workers in general."

Article 173: Young persons between 14 and 16 years of age

"The work of persons that are older than 14 years and younger than 16 years is subject to special regulation and protections by the Labor Ministry."

Article 174: Medical examination of persons 14 and 16 years of age

"Young persons between 14 and 16 years of age shall obtain a medical certificate stating their aptitude for the work and shall undergo such medical examinations as may be periodically ordered by the Inspectorate of Labor. It shall be unlawful for an employer to give employment to any such young person without production of the said certificate."

Article 175: Prohibition of minors from certain labor

"It shall be unlawful to employ young persons under:

I. 16 years in:

a) premises for the sale of intoxicating drinks for consumption on the premises; b) work liable to affect their morals or conduct; c) work involving traveling or itinerance except with a special authorization from the Inspectorate of Labor; d) employment underground or underwater; e) dangerous or unhealthy work; f) work exceeding the young persons' strength or work which might hinder or retard their normal physical development; g) establishments other than industrial establishments, after 10 p.m.; and h) such other operations as may be prescribed by law.

II. 18 years, in night work in industry."

Article 176: Dangerous or unhealthy work for minors

"The term dangerous or unhealthy work used in the preceding article shall mean work which, on account of its nature, the physical, chemical or biological conditions of the environment in which it is performed or the composition of the raw material used, is capable of affecting the life, development and physical and mental health of young persons.

The operations falling within the above definitions shall be specified by regulations."

Article 177: Hours of work for persons under 16 years of age

"The daily hours of work of young people under 16 years of age shall not exceed six a day, divided into periods not exceeding three hours. They shall be entitled to a rest period of at least one hour between the daily work periods."

Article 180: Obligations of employers to minors under 16 years of age (Amended by Decree of April 28th, 1978)

"Employers having young persons under 16 years of age in their service shall be bound to:

1) insist that they produce a medical certificate to the effect that they have the aptitude for the work; 2) keep a special register available for inspection indicating for each young person his date of birth, the kind of work he is engaged in, his times of attendance for work, wages and other general conditions of employment; 3) assign the work in such a way that the young persons have the necessary free time to complete their school curriculum; 4) furnish vocational training to them as prescribed by this Law; 5) supply to the Inspectorate of Labor such information and reports as it may require."

"The provisions of this article aim to protect the life, development, physical and mental health of underage workers, referred to in Title V of this Law."

Article 159:

"Persons 14 to 16 years old may not work in unhealthy or hazardous work, including transport or handling of teratogenic or mutagenic substances; exposure to ionizing radiation; work conducted in perforation towers or maritime platforms; submarine, underground, or mining work; confined spaces; and welding."

Article 160:

"Persons under 18 may not engage in work involving exposure to ionizing radiation."

ILO Convention No. 29 (forced labor, 1930) - ratified in 1934.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1959.

ILO Convention No. 123 (minimum age, underground work, 1965) - ratified in 1968.

1. 1917 Constitution of Mexico (www.msstate.edu/Archives/History/Latin_America/Mexico/1917const.html).

2. "Federal Labor Law of Mexico," Commercial Laws of the World (Florida: Foreign Tax Law Inc., 1996) 36-37.

3. Reglamento Federal de Seguridad, Higiene y Medio Ambiente de Trabajo (Mexico City: Secretaría del Trabajo y Previsión Social, 1997) 63-64.

4. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

5. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

Article 20: Guarantees the right against exploitation. Declares that traffic in human beings, slavery, serfdom, or forced labour in any form is prohibited. Also prohibits the employment of minors in any factory, mine or any other hazardous work.

Article 26 (8): Places an obligation on the state to make necessary arrangements to safeguard the rights and interest of children and to ensure that they are not exploited.

Section 17: Prohibits the employment of children below 14 years. The section further states that a child shall not be engaged as a laborer against his will.

Section 18: Prohibits engaging a child in work likely to be harmful or hazardous to the child's health and life.

Section 25: Prohibits a guardian from engaging a child in work requiring more labor than his physical capacity or which "may hurt his religious or cultural usage."

Section 5: Prohibits the employment of children and prohibits minors from working at night from 6:00 p.m. to 6:00 a.m. except under prescribed conditions.

Section 31: States that in case it is required to inspect, lubricate, or adjust any part of dangerous machinery while it is in motion, only an adult worker or employee who is trained and experienced in the job may be engaged to perform the work.

Section (3) 2: Permits the employment of a minor above the age of 16 years as a worker or employee in the night time under a mutual agreement between such worker or employee and the General Manger.

Section 43: Prescribes that minors who have not attained the age of 16 years shall not be employed on hydraulic and other machine-operated presses, milling machines used in metal industries, guillotine machinery, circular saws, or other dangerous machines or in operations hazardous to health.

ILO Convention No. 138 (minimum age, 1973) - ratified in 1997.

1. Child Labour in Nepal,Volume II: An Overview and a Proposed Plan of Action (Kathmandu: ILO/IPEC, 1995) 22 [hereinafter Child Labour in Nepal].

2. Ibid. at 25. See also the Children's Act, 1992, Section 2 (a).

3. Child Labour in Nepal at 26.

4. Ibid. at 27.

5. Ibid.

6. Ibid.

7. Ibid.

8. Ibid.

9. Ibid. at 22-24.

10. Ibid. at 23-24.

11. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

12. Child Labor in Nepal at 20.

Article 131: "The minimum age for work will be 14 years; the General Inspectorate of Labor shall regulate the exceptions."

Article 132: "The State, employers, and families have the obligation to protect children and adolescents, preventing them from undertaking any activity or work that harms their educational, physical and intellectual, moral, spiritual or social development." 

Article 133: "Working adolescents and children are prohibited from undertaking work that is unhealthy or morally dangerous, such as work in mines, underground, garbage dumps, nightclubs, or that implies handling objects and psychotropic or toxic substances, and night work in general.

These prohibitions cannot not be invoked to deny the labor rights established in this Code."

Article 134: "Children and adolescents have the right to:

(a) Undertake work that goes towards satisfying their basic necessities, under conditions of respect and enjoyment of their fundamental rights;

(b) Equal pay for work that is equal to that of the other workers;

(c) Be paid in legal tender, with payment in kind being prohibited;

(d) Have working conditions that guarantee their safety, health, hygiene, and protection against occupational hazards;

(e) A working day not exceeding six hours a day or 30 hours a week;

(f) The benefits of social security and special health programs;

(g) Have access to and attend school modalities and schedules compatible with their interests and labor situation;

(h) Participate in and organize labor unions;

(i) Gain access to training through an apprenticeship system; and

(j) The other rights established by this code and those emanating from collective agreements and conventions.

Adolescents have juridical capacity to enter into work contracts. The work of children must be contracted with their parents or legal representative."

Article 135: "Violations of the labor rights of working children and adolescents will be sanctioned with fines of 500 to 5,000 córdobas [US$ 47 to US$ 470], imposed by the Department of Labor inspector without prejudice to the labor claims that the child or adolescent or their legal representative may present before the respective labor courts."

Article 136: "The prohibitions established in Article 133 also apply to persons below 18 years of age."

Article 137: "The good intentions of individuals of social institutions dedicated to the teaching or care of destitute children do not justify the economic exploitation or mistreatment of these minors.

When complaints are made by social institutions or individuals regarding exploitation of this type, the Ministry of Labor will name a commission to investigate, and if the complaint is proven, will uphold the economic and social rights of the minors through the labor authorities and courts."

Article 5: "No child or adolescent shall be the object of any form of discrimination, exploitation, illegal relocation within or outside the country, violence, abuse, or physical, psychological, and sexual mistreatment, as well as inhumane, terrorizing, humiliating, oppressive, or cruel treatment, whether intentionally or by negligence, by action or omission of his/her rights and liberties."

Article 73: "It is prohibited to hire children and adolescents in any work. Enterprises and natural or juridical persons will not be able to hire minors below 14 years."

Article 74: "Adolescents may not undertake any type of work in unhealthy places and places that pose risks to their life, health, physical, psychic or moral integrity, such as work in mines, underground, garbage dumps, night clubs, work that involves handling toxic and psychotropic objects and substances, and work at night in general."

Article 75: "In cases where adolescents are allowed to work, the following norms will be followed:

(a) Respect and guarantee their condition as developing persons.

(b) Receive adequate instruction regarding the work undertaken.

(c) Submit to medical exams at least once a year in order to determine if the work undertaken is undermining their health or normal development.

(d) Guarantee the continuation of their education process.

Work of adolescents must be supervised by the Ministry of Labor and the corresponding institution to guarantee compliance with the safeguards established in this Code and other laws and regulations."

ILO Convention No. 29 (forced labor, 1930) - ratified in 1934.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1967.

ILO Convention No. 138 (minimum age, 1973) - ratified in 1981.

ILO Convention No. 5 ( minimum age, industry, 1919) - ratified in 1934.

a. Some provisions are unofficial translations.

Sources:

1. Nicaragua (Cartegena: Sistema Regional de Información sobre Trabajo Infantil - ILO/IPEC, 1997) 18-19.

2. Ley 185, Codigo de Trabajo: República de Nicaragua, La Gaceta No. 205 (Managua: Government of Nicaragua, 1997) 39-47.

3. Codigo de la Niñez y la Adolescentes, Law No. 287 (Lima: Ministry of Justice, 1993) 17 [Hereinafter Codigo de los Niños y Adolescentes].

4. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

5. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

No child who has not completed his 14th year shall be allowed to work in any factory.

Section 2: Defines "child" as a person who has not completed his 14th year of age.

Section 3: No child shall be employed or permitted to work in any of the occupations set forth in Part I of the Schedule or in any workshop wherein any of the processes set forth in Part II of the Schedule is carried on.

Part I: Occupations

(1) transport of passengers, goods or mails by railway; (2) cinder picking, cleaning of an ash pit or building operation in the railway premises; (3) work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train; (4) work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; (5) a port authority within the limits of any port; and (6) work relating to selling of firecrackers and fireworks in shops with temporary license.

Part II: Processes

(1) Bidi-making; (2) Carpet-weaving; (3) Cement manufacture, including bagging of cement; (4) Cloth printing, dyeing, and weaving; (5) Manufacture of matches, explosives and fire-works; (6) Mica-cutting and slotting; (7) Shellac manufacture; (8) Soap manufacture; (9) Tanning; (10) Wool-cleaning; (11) Building and construction industry; (12) Manufacture of slate pencils, including packing; (13) Manufacture of products from agate; (14) Manufacturing process using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.

Section 7: (1) No child or adolescent shall be required to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments.

(2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has an interval of at least one hour for rest.

(3) The period of work of a child shall be so arranged that inclusive of the interval for rest, under subsection (2), it shall not exceed seven hours, including the time spent in waiting for work on any day.

Section 37-B: Employment of children

No young person under 14 years of age shall be engaged or carried to sea to work in any capacity in any ship registered in Pakistan and no young lascar under 14 years of age shall be engaged or carried to sea to work in any capacity in any foreign ship except:

(a) in a school-ship, or training-ship, in accordance with the prescribed conditions; or (b) in a ship in which all persons employed are members of one family; or (c) in a home-trade ship of a burden not exceeding 300 tons; or (d) where such young person is to be employed on nominal wages and will be in the charge of his father or other adult near male relative.

Section 37-C: Engagement of young persons as trimmers or stokers

(1) Subject to the provisions of subsections (2) and (3), no young person shall be engaged or carried to sea to work as a trimmer or stoker in any ship registered in Pakistan, and no young lascar shall be engaged or carried to sea to work as a trimmer or a stoker in any foreign ship.

(2) Subsection (1) shall not apply:

(a) to any work or trimming or stoking done by a young person in a school-ship or training-ship in accordance with the prescribed conditions; or

(b) to any work of trimming or stoking done by a young person in a ship which is mainly propelled otherwise than by steam; or

(c) to the engagement or carrying to sea of a young person over 16 years of age to work as a trimmer or stoker on a coasting ship, provided he is employed in accordance with the prescribed conditions.

(3) Where in any port a trimmer or stoker is required for any ship mentioned in subsection (1) other than a coasting-ship, and no person over 18 years of age is available, two young persons over 16 years of age may be engaged and carried to sea to do the work which would otherwise have been done by one person over 18 years of age.

(a) lathes, shaping, slatting and milling machines; (b) platen machine and gelating cutting machine; (c) every-wheel or tool grinding machine; (d) operation of hoist; (e) operation of band saw or circular saw; (f) in blow loom of textile mills; (g) near cotton openers, combined openers, sketchers, lapmachines, hard waste breakers, and carding machine; and (h) welding plant.

ILO Convention No. 29 (forced labor, 1930) - ratified in 1957.

ILO Convention No. 59 (minimum age, revised, industry, 1937) - ratified in 1955.^.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1960.

1. Anees Jillani, Child Labor: The Legal Aspects,vol. I (Islamabad: Society for the Protection of the Rights of the Child, 1997) 28 [hereinafter Child Labor: The Legal Aspects, vol. I].

2. Anees Jillani, Child Labor: The Legal Aspects,vol. II (Islamabad: Society for the Protection of the Rights of the Child, 1997) 256.

3. Ibid. at 183-196.

4. A.R. Kemal, Child Labour in Pakistan (Islamabad: Pakistan Institute of Development Economics, 1994) 41 [hereinafter Child Labour in Pakistan].

5. Ibid. at 103.

6. Child Labor: The Legal Aspects, vol. I at 137.

7. Ibid.at 15-17.

8. Ibid.at 284-291.

9. "Employment of Children Rules, 1995," The Gazette of Pakistan (Islamabad: Government of Pakistan, Part II, Section 3, May 17, 1995).

10. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

11. Consideration of Reports Submitted by States Parties under Article 44 of the Convention, United Nations Committee on the Rights of the Child, CRC/C/3/Add.13 (January 25, 1993). See also Child Labor in Pakistan at 37.

"Children are human beings under 12 years old, and adolescents are those from 12 to 18 years of age. If there is any doubt about the age of a person, he/she will be considered a child or adolescent until the contrary is proven."

Article 22: Work

"The State recognizes the right of adolescents to work, with the restrictions imposed by this Code, as long as the work does not pose a risk or danger for their development, physical, mental and emotional health, and does not interfere with their regular school attendance."

Article 40: Working children and street children

"Both children who work out of economic or material necessity, and street children have the right to participate in programs for their education and their physical and mental development.

The Governing Entity, in coordination with local governments, will be in charge of promoting and executing these programs."

Article 51: Scope of application

"This code protects adolescents who work both independently or for someone else, including work in homes. It likewise includes within its scope domestic work and nonremunerated family work.

The work of institutionalized children and adolescents is regulated by the rules of the respective institutions.

The work of apprentices and trainers, regulated by their own laws, is excluded."

Article 52: Institutions responsible for the protection of the adolescent

"The protection of the working adolescent is the responsibility of the Governing Entity, in coordination with the labor, health and education sectors and regional and municipal governments.

The Governing Entity is in charge of developing policies for working adolescents."

Article 53: Minimum age for work

"Adolescents need authorization to work, except in the case of the domestic worker and nonremunerated family worker.

Whoever hires a domestic worker (or the responsible member of the family, in the case of the nonremunerated family worker) will register the working adolescent at the relevant municipal registry.

This registry will contain the information set out in Article 54."

Article 54: Ages at which adolescents may work in certain activities

"The minimum ages for various kinds of work are as follows:

a) 14 years for commercial agricultural work.

b) 15 for industrial, commercial or mining work.

c) 16 for industrial fishing work.

For other kinds of work, the minimum age is 12 years.

It is presumed that adolescents living with their parents or guardians have been authorized by them to work, unless there is an expressed manifestation to the contrary."

Article 55: Competence to authorize work for adolescents

"The competence to authorize work for adolescents at the ages specified in the previous articles, rest with the following:

(a) Work sectors, in the case of those who work for others or who work in a dependent relationship.

(b) District or Provincial municipalities, in the case of those who work in an independent manner and within the particular jurisdiction."

Article 56: Information that must be registered

"The institutions responsible for authorizing work of adolescents will keep a special registry with the following information:

(a) Complete name of the adolescent;

(b) Name of his/her parents, tutors or guardians;

(c) Date of birth;

(d) Address and place of residence;

(e) Work to be undertaken;

(f) Remuneration;

(g) Work schedule; and

(h) School attended and school schedule."

Article 59: Work Schedule

"Adolescents between 12 and 14 years old shall not work for more than four hours a day, or 24 hours a week. Adolescents between 15 and 17 years shall not work more than 6 hours a day or 36 hours a week."

Article 60: Night work

"Adolescents are prohibited from working at night between the hours of 7 p.m. and 7 a.m. Exceptions may be authorized by a Judge as long as the adolescent is between the ages of 15 and 17 and the work does not exceed 4 hours per day."

Article 61: Prohibited Work

"Adolescents are prohibited from working underground, where heavy weights are handled, and from working in activities where they are responsible for their own security or that of other persons.

The Governing Entity through the work section, and in coordination and consultation with labor and employer groups, shall establish a listing of dangerous occupations and hazardous occupations (both morally and physically) in which adolescents may not work."

Article 63: Working Adolescent Workbook

"Working adolescents must have a workbook given by whomever granted the employment authorization, which indicates his/her first and last names, those of his/her parents, tutors, or guardians, birthdate, address, and place of residence, nature of work, school attended, and schedule of classes and work."

Article 67: Domestic work or non-remunerated family work

"Adolescents working in domestic service or that do non-remunerated family work have the right to 12 continual hours of rest a day. Employers, parents, or relatives are obliged to facilitate and guarantee their regular attendance in school.

The specialized Judge is responsible for ensuring that the provisions on home work for adolescents are met."

ILO Convention No. 29 (forced labor, 1930) - ratified in 1960.

ILO Convention No. 59 (minimum age revised industry, 1937) - ratified in 1962.^.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1960.

a. Some provisions are unofficial translations.

Sources:

1. Codigo de los Niños y Adolescentes (Lima: Ministry of Justice, 1993) 22-37.

2. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

3. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

a) prohibits the employment of a child below 15 years except when he works under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling.

b) Any person between 15 and 18 years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor in appropriate regulations.

c) The foregoing provisions shall in no case allow the employment of a person below 18 years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor.

Article 146: Opportunity for Education

If a househelper is under the age of 18 years, the employer shall give him or her an opportunity for at least elementary education. The cost of such education shall be part of the house helper's compensation, unless there is a stipulation to the contrary.

Exploitation and Discrimination-Act."

Section 7: Child Trafficking

"Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetual. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age."

Section 1: General Prohibition - "Except as otherwise provided in this Rule, children below 15 years of age shall not be employed, permitted or suffered to work, in any public or private establishments in the Philippines."

Section 3: Exceptions and Conditions - "The following shall be the only exceptions to the prohibition on the employment of children below 15 years of age and the conditions for availment of said exceptions.

a. When the child works directly under the sole responsibility of his/her parents or legal guardian who employs members of his/her family only, under the following conditions: 1) the employment does not endanger the child's life, safety, health, and morals; 2) the employment does not impair the child's normal development; 3) The employer parent or legal guardian provides the child with the primary and/or secondary education prescribed by the Department of Education, Culture or Sports.

b. Where the child's employment of participation in public entertainment or information through cinema, theater, radio or television is essential, provided that: 1) the employment does not involve advertisements or commercials promoting alcoholic beverages, intoxicating drinks, tobacco and its by-products, or exhibiting violence; 2) there is a written contract approved by the Department of Labor and Employment; and 3) the conditions prescribed in Section 3a above are met."

Section 7: Penalties - "Any person who shall violate any provision of this Article 12 of R.A. [No. 7610] as amended by R.A. 7658 shall suffer the penalty of a fine of not less than 1,000 Pesos but not more than 10,000 Pesos [US$ 25 to US$ 253] or imprisonment of not less than three (3) months but not more than three (3) years, or both at the discretion of the court: Provided, that, in case of repeated violations of the provisions of this Article, the offender's license to operate shall be revoked."

ILO Convention No. 59 (minimum age, revised industry, 1937) - ratified in 1960.

ILO Convention No. 105 ( abolition of forced labor, 1957) - ratified in 1960.

ILO Convention No. 138 (minimum age, 1937) - ratified in 1998.^.

1. The 1997 Constitution of the Republic of the Philippines (http://pdx.rpnet.com/consti/family.htm).

2. Opening Doors: A Presentation of Laws Protecting Filipino Child Workers, a Revised Edition (Makati City: Ateneo Human Rights Center/ ILO, 1997) 47 and 90 [Hereinafter Opening Doors]. See also Comprehensive Study on Child Labor in the Philippines (Manila: Department of Labor and Employment, Institute for Labor Studies, Monograph Series No. 1, 1994) 6 [hereinafter Comprehensive Study on Child Labor in the Philippines].

3. Special Protection of Filipino Children (Manila: Philippine Commission on Human Rights, Children Rights Center, 1994) 8 and 12.

4. Ibid. at 42.

5. Comprehensive Study on Child Labor in the Philippines at 61. See also Opening Doors at 25.

6.Comprehensive Study on Child Labor in the Philippines at 66

7. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

8. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

Every child has the right:

(e) to be protected from exploitative labour practices;

(f) not to be required or permitted to perform work or provide services that:

(i) are inappropriate for a person of that child's age; or

(ii) place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development.

(1) Subject to the provisions of this Act or any other law, no person may employ or provide work to any child under the age of 15 years.

(2) The Minister may, on the conditions determined by him: (a) by notice in the Gazette exclude any employment or work from the provisions of subsection (1); and (b) grant any particular person, or persons generally, exemption from the provisions of subsection (1)."

"In this Act, unless the context indicates otherwise...child means a person who is under 18."

Section 43: Prohibition of employment of children

"(1) No person may employ a child -

a) who is under 15 years of age; or

b) who is under the minimum school-leaving age in terms of any law, if this is 15 or older.

(2) No person may employ a child in employment -

a) that is inappropriate for a person of that age;

b) that places at risk the child's well-being, education, physical or mental health, or spiritual, moral or social development.

(3) A person who employs a child in contravention of subsection (1) or (2) commits an offense."

Section 44: Employment of children of 15 years or older

"(1) Subject to section 43(2), the Minister may, on the advice of the Commission, make regulations to prohibit or place conditions on the employment of children who are at least 15 years of age and no longer subject to compulsory schooling in terms of any law.

(2) A person who employs a child in contravention of subsection (1) commits an offense."

Section 46: Prohibitions

"It is an offense to -

(a) assist an employer to employ a child in contravention of this Act; or

(b) discriminate against a person who refuses to permit a child to be employed in contravention of this Act."

Section 48: Prohibition of forced labor

"(1) Subject to the Constitution, all forced labour is prohibited.

(2) No person may for his or her own benefit or for the benefit of someone else, cause, demand or impose forced labour in contravention of subsection (1).

(3) A person who contravenes subsection (1) or (2) commits an offense."

Section 93: Penalties

Any person found guilty of an offense of sections 43, 44, 46, and 48, may be fined or imprisoned for a period not longer than 3 years.

ILO Convention No. 29 (forced labor, 1937) - ratified in 1997.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1997.

1. Willem Schurink, Choaredo Molope, and Sam Tshabalala, Exploring Some Dimensions of Child Labor in South Africa (Pretoria: The Centre for Human Rights, University of Pretoria, 1997) 12.

2. Ibid. at 12-13.

3. Government Gazette, Volume 390, No. 18491 (Cape Town: Republic of South Africa, December 1997) 38 and 40.

4. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

5. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

A "young person" is defined as one over the "apparent" age of 15 but under the "apparent" age of 18. The provisions distinguish between these two categories with respect to the degree of protection extended. The minimum age for entry into work of contractual nature in approved occupations is set at 15.

Children between the ages of 12 and 15 can be employed on a daily wage and on a day-to-day basis and on condition that he/she returns each night to the place of residence of his/her parents or guardian. Moreover, a child thus employed has to have the consent of a parent or guardian.

It is prohibited for a child or young person to be employed in any occupation which is injurious to health and which is dangerous or which is otherwise unsuitable. An employer is guilty of an offense under the law if such employment is continued after the employer has been officially warned.

The employment of children in industrial undertakings is forbidden. The law exempts work done by children in technical schools or similar institutions where the work is licensed and approved by the Director of Education, and where particular occupations have been exempted from that category by the President under section 76 of the Ordinance. These include planting, weeding, running messages, the outdoor spreading and sorting of fibre, pest control not involving the use of chemicals, and grading of seasoned tobacco leaves not involving the use of machinery. Employers are required to maintain registers with details of age and terms of employment and they have to produce these upon demand by proper authority. Failure to do so is an offense.

The employment of children in the vicinity of any machinery or in open-cast workings or in subsurface workings which are entered by means of a shaft is prohibited.

Young persons may be employed in an industrial undertaking, but work is prohibited between the hours of 6:00 p.m. and 6:00 a.m. Exception is made for work or industrial undertakings which require work to be continuously carried out day and night, such as manufacturing of iron and steel, glassworks, manufacture of paper, manufacture of raw sugar, and in mining the reduction, extraction, or preparation work.

ILO Convention No. 5 (minimum age, industry, 1919) - ratified in 1964.

ILO Convention No. 29 (forced labor, 1930) - ratified in 1962.

ILO Convention No. 59 (minimum age, revised, industry, 1937) - ratified in 1962.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1962.

ILO Convention No. 138 (minimum age, 1973) -ratified in 1998⁵

1. Child Labour in Tanzania (Geneva: ILO, 1992) 20-21.

2. Ibid. at 21.

3. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

4. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

5. Tanzania ratified ILO Convention No. 138 in June 1998. However, the official instrument of ratification has not been registered with the ILO. Electronic Correspondence from Brenda Ingunza-Barinotto, International Standards Department, ILO/Geneva to U.S. Department of Labor Official (September 29, 1998) and Electronic Correspondence from William Mallya, National Programme Coordinator, ILO/IPEC Tanzania to U.S. Department of Labor Official (September 4, 1998).

Section 16: "No employer, supervisor, superintendent or inspector shall sexually harass a female employee or an underage employee."

Section 44: "No employer shall hire a child under 15 years of age to work as an employee."

Section 46: "An underage employee shall be given a break of not less than one consecutive hour after having worked consecutively for not more than four hours, but during the four hours, the underaged employee shall be given such break times as fixed by the employer."

Section 47: "An employer shall not hire a child who is under eighteen years of age to work during 22:00 hrs - 06:00 hrs, unless approved in writing by the Director-General or the person entrusted by the Director-General."

Section 49: "No employer shall require an employee under eighteen years of age to perform any of the following works:

1) Smelting, blasting, casting or rolling of metals; 2) Metal casing in blocks; 3) Work related to heat, coolness, vibration, noise and light at excessive degrees which may be harmful, as prescribed by ministerial regulation; 4) Work in connection with such hazardous chemicals as prescribed by ministerial regulation; 5) Work with toxic microorganisms, which may be viruses, bacteria, fungus, or such other diseases as prescribed by ministerial regulation; 6) Work connected with toxic substances, explosives or highly inflammable materials, except for work at gas stations as fixed in the ministerial regulations; 7) Driving controlling a fork-lift truck or a crane; 8) Work for which an electric saw or a motor-driven saw must be used; 9) Work that must be performed underground, underwater, in a cave, in a tunnel or at a crater; 10) Work connected with radiation as prescribed in the ministerial regulations; 11) Cleaning of machines or engines while they are switched on; 12) Work on scaffolding above ten meters from the ground level; 13) Such other works as prescribed in ministerial regulations."

Section 50: "No employer shall require an employee under eighteen years of age to work at the following places:

1) A slaughterhouse; 2) A place for gambling; 3) A place for dancing; 4) A place where food, liquor, tea or other beverages are sold and served by entertaining partners or where accommodation is provided to customers or

massage-parlor; 5) Such other places as prescribed in ministerial regulations."

Section 147: "Whoever violating the provisions of Section 16 shall be liable to pay a fine of not exceeding 20,000 baht [US$ 550]."

Provisional Clauses

Section 160: "The provisions of Section 44 shall not apply to employees over thirteen years of age, but under fifteen years of age who have been employed in accordance with the National Executive Council's Decree No. 103 dated March 19, 1972 prior to the effective date of this Act."

If the offence [described in the above] paragraph is committed against a child not over fifteen years of age, the offender shall be punished with imprisonment of ten to twenty years and a fine of 200,000 to 400,000 baht [US$ 5,500 to US$ 11,000]."

Section 12: "Whoever detains or confines another person, commits any other act that deprives the liberty of another person, assaults another person, or threatens with any other means to commit a violent act against a person, in order to force such person to prostitution activity, shall be punished with imprisonment of ten to twenty years, and a fine of 200,000 to 400,000 baht [US$ 5,500 to US$ 11,000].

If the perpetrator or abettor in the commission of the offence [described in the above] paragraph is an administrative or police official, official or worker in the primary shelter or in the protection and vocational development place under this act, such perpetrator or abettor shall be punished with imprisonment of fifteen to twenty years and a fine of 300,000 to 400,000 baht [US$ 8,000 to US$ 11,000]."

Section 5: "In committing an offence concerning the trafficking in women and children, buying, selling, vending, bringing from or sending to, receiving, detaining or confining any woman or child, or arranging for any women or child to act or receive any act, for sexual gratification of another person for an indecent sexual purpose, or for gaining any illegal benefit for his/herself or another person, with or without the consent of the woman or child, which is an offence under the Penal Code, the law on prostitution prevention and suppression, the law on safety and welfare of children and youths, or this Act, the official is authorized to enforce power under this Act."

Section 11: "The official shall use his/her judgement in giving appropriate assistance to the woman and child, who is the victim of the offence as specified in Section 5, in providing food, shelter and repatriation to her/his original country or residence."

ILO Convention No. 29 (forced labour, 1930) - ratified in 1969.

ILO Convention No. 105 (abolition of forced labour, 1957) - ratified in 1969.

ILO Convention No. 123 (minimum age, underground work, 1965) - ratified in 1968.

1. Policies and Selected Programmes on Child Labour (Bangkok: The Ministry of Labour and Social Welfare, 1997) 1-2.

2. Labour Protection Act B.E. 2541 (1998).

3. Prostitution Prevention and Suppression Act B.E. 2539 (1996).

4. Measure in Prevention and Suppression of Trafficking in Women and Children Act B.E. 2540 (1997).

5. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file].

6. United Nations Convention on the Rights of the Child (www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_11.html).

It shall be prohibited to employ children under the age of 15. It shall be permissible to employ children who have completed 13 years of age in such light work as not to endanger their health and development or interfere with their education or hamper their opportunities of following vocational guidance and training programmes.

The hours of work of children who are going to school shall be so arranged that they do not interfere with school attendance, and the hours spent in school shall be reckoned as part of the seven-and-a half-hour working day."

Article 68, 69, and 78: Impose prohibition to employ children under the age of 18 years for underground or underwater work, night work, and arduous and dangerous work."

Article 80: Before being admitted to any employment whatsoever, children aged between 13-18 years (including those in their 18th year) shall be examined by the practitioner attached to the undertaking or by the workers' health service, in the absence of either, by the medical services of the nearest social security institution, health center or state municipal or government institutions, in order that he/she shall be certified physically fit for the job to be performed, taking into consideration the nature and conditions of the work. Until they have reached the age of 18 years, such workers shall be the subject to medical examination at least every six months in the same manner, to determine whether or not there is any danger in their continuing their employment. All such medical certificates shall be filed and produced by the employer on request by any competent official.

a) to have completed 13 years of age and not to be older than 18 years of age;

b) to be at least a primary school graduate;

c) to have a physical condition and to be in a state of health enabling the performance of work required by the given occupation."

Children aged between 12 and 16 years cannot be kept at work for more than eight hours per day.

Article 174: Children aged between 12 and 16 years cannot be kept at work after 8:00 p.m.

Article 176: Employment of children below 18 years of age at sites such as bars, coffee houses, dancing halls, cabarets, casinos and public baths is prohibited by local authorities.

Article 179: It shall be made specific in the Labor Act which works are detrimental to health and dangerous for women and for children aged between 12 and 16 years.

ILO Convention No. 29. (forced labor, 1930) - ratified in 1998.

ILO Convention No. 59 (minimum age, revised, industry, 1937)- ratified in 1993.

ILO Convention No. 105 (abolition of forced labor, 1957) - ratified in 1997.

ILO Convention No. 123 (minimum age, underground work, 1965) - ratified in 1992.

ILO Convention No. 138 (minimum age, 1973) - ratified in 1998.

1. Child Labour in Turkey (Ankara: Turkish Confederation of Employer Associations/ILO, 1997) 28 [hereinafter Child Labour in Turkey].

2. Ibid. at 28-29.

3. Apprenticeship and Vocational Training Act (Ankara: Ministry of National Education Youth and Sports, 1986) 10.

4. Child Labour in Turkey at 31.

5. ILO Conventions and ratification dates provided by the ILO's International Standards Department, ILO/Geneva, on September 22, 1998 [on file]. The Turkish Parliament recently published the ratification of Convention No. 29 and No. 138 in the Official Gazette. However, the official instruments of ratification have not been registered with the ILO. Electronic Correspondence from Brenda Ingunza-Barinotto, ILO to U.S. Department of Labor Official (September 29, 1998) [on file]. See also U.S. Embassy-Ankara, unclassified telegram no. 001329, February 10, 1998.

6. Child Labour in Turkey at 35.