Introduction

This report was prepared in accordance with Section 412(c) of the Trade and Development Act of 2000 (TDA), Pub.L. 106-200.  Section 504 of the Trade Act of 1974 (Trade Act) requires the President to submit an annual report to the Congress on the status of internationally recognized worker rights within each beneficiary country.[1]  Section 412(c) of the TDA amended the Trade Act by expanding the annual report to include “the findings of the Secretary of Labor with respect to the beneficiary country’s implementation of its international commitments to eliminate the worst forms of child labor.”[2]  The countries referenced in the legislation are those countries that may be designated as beneficiaries under the U.S. Generalized System of Preferences (GSP).[3]

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.[4]  The GSP program was enacted by Title V of the Trade Act of 1974.[5] When the Trade and Tariff Act of 1984 reauthorized the program, new country practices eligibility criteria included a requirement that countries take steps to afford internationally recognized worker rights.[6]  The TDA expanded the GSP eligibility criteria further to include a new criterion on the Worst Forms of Child Labor.  The new criterion specifies that the President shall not designate any country a beneficiary developing country if “[s]uch country has not implemented its commitments to eliminate the worst forms of child labor.”[7] (See Table 1 for GSP Bases for Ineligibility).

The Worst Forms of Child Labor

Section 412(b) of the TDA,[8] defines “worst forms of child labor” as follows:

(A) all forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict;

(B) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic purposes;

(C) the use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; and

(D) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

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

The TDA’s definition of the “worst forms of child labor” is based on International Labor Organization’s (ILO) Convention No. 182 on the Worst Forms of Child Labor.[9]

Structure of the Report

The report provides individual profiles on 124 independent countries and a summary report on 19 non-independent countries and territories designated as GSP beneficiaries and/or beneficiaries under the Caribbean Basin Trade Partnership Act.[10]  Wherever possible, these profiles focus on the worst forms of child labor, rather than on child labor in general.  However, since data and information on the incidence of the worst forms is often unavailable, the profiles do not always make this distinction.  Each of the profiles consists of three sections: government policies and programs to eliminate the worst forms of child labor; incidence and nature of child labor and child labor laws and enforcement.

Government Policies and Programs to Eliminate the Worst Forms of Child Labor

To the extent that there is a child labor problem in the country, this section describes government initiatives aimed at combating the worst forms of child labor.  It is important to note, however, that it is often difficult to separate out those policies and programs that address only the worst forms of child labor, from those that focus on child labor in general.  Where appropriate, this section of the report provides information on both types of child labor initiatives.  Such initiatives include national plans of action or comprehensive policies to address the worst forms of child labor, which typically consist of a combination of strategies, including raising awareness about the worst forms of child labor, enhancing local capacity to address the problem, withdrawing children from exploitative work, and offering children educational alternatives.  Many countries also have targeted programs to reduce child labor, often supported by the ILO’s International Program on the Elimination of Child Labor (IPEC) and other multilateral and bilateral donor agencies.  These efforts frequently go beyond simply withdrawing children from the worst forms of child labor to include broader social programs to prevent the engagement of children in the worst forms of child labor; to ensure that these children have access to educational alternatives; and, to access income generating opportunities for the children’s families that help reduce dependence on the labor of their children. 

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 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.  In most instances overall child labor information is reported because data specifically on the worst forms is not available. 

Also included in this section is information on laws and policies that set educational requirements for children, as well as a brief assessment of children’s involvement in primary schooling.[11]  This information provides an indication of the extent to which children are 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.  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.  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 No. 138 on Minimum Age for Employment and No. 182 on the Worst Forms of Child Labor.

Sources of Information

In preparing this report, the U.S. Department of Labor relied primarily on information garnered from the Department of State and U.S. consulates and embassies abroad.  Also relied upon are a wide variety of reports and materials originating from foreign countries, international 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 two Department requests for public input published in the Federal Register.[12]