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Preface

Congressional Mandate and Legislative Requirement

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]  In addition, this year’s report includes information on former GSP recipients that have negotiated free trade agreements with the United States over the last 2 years, in view of Senate Report 108-345.[6]

Generalized System of Preferences

The GSP is a unilateral program that extends duty-free entry to a wide range of products from designated developing countries and territories.[7]  The GSP program was enacted by Title V of the Trade Act of 1974.[8]  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.[9]  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.”[10]

The Worst Forms of Child Labor

The definition of the “worst forms of child labor” provided in Section 412(b) of the TDA[11] 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 International Labor Organization (ILO) Convention 182[12] 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…”[13]  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 (sometimes referred to as “unconditional worst forms”), 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.[14]  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.[15]

Structure of the Report

The report provides individual profiles on 120 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.  This year, new country profiles were added for Algeria and Iraq, two countries that were granted GSP benefits in 2004. Wherever possible, these profiles focus on the worst forms of child labor, rather than on child labor in general.  The profiles, however, 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 a textbox and three written sections: incidence and nature of child labor; child labor laws and enforcement; and current government policies and programs to eliminate the worst forms of child labor.

This year, the report provides information on government efforts to address the worst forms of child labor that took place during 2004.  In this way, the report differs from those of previous years, which provided a historical overview of government efforts.  For a more historical perspective on child labor in these countries, readers should consult the 2001, 2002, and 2003 Findings on the Worst Forms of Child Labor reports.[16] 

Textbox

This year each country profile contains a textbox that lists selected measures adopted by governments to combat the worst forms of child labor.  While they are by no means exhaustive lists, the measures are meant to provide a historical context for the description of current government efforts provided at the end of each country profile and an indication of the degree to which each country has made initial international and national level commitments to eliminate the worst forms of child labor.  It is useful to note that commitment levels vary based both on the extent to which exploitive child labor exists in a country and on the willingness of each government to take formal steps to address this problem when it does exist.  The textbox includes the following selected measures: 

  1. whether a country has ratified ILO Convention 138, Minimum Age for Admission to Employment;
  2. whether a country has ratified ILO Convention 182, Worst Forms of Child Labor;
  3. whether a country is an ILO-IPEC Member or Associated Member;[17]
  4. whether a country has developed and published a National Action Plan for Children;
  5. whether a country has developed and published a National Child Labor Action Plan; and
  6. whether a country has developed and published a specific Child Labor Sector Action Plan.

Measures one through three were chosen because of the leading role of the International Labor Organization in combating child labor.  Although most governments covered in this report are members of the ILO, there are exceptions.  Since these nations are not members of the ILO, they are not eligible to ratify ILO Conventions.  In these cases, the first three measures will be marked “N/A.”  The last three measures are applicable in all of the country reports.  They are defined as follows:  a “National Action Plan for Children” is a framework to promote the welfare of children; a “National Child Labor Action Plan” is a strategy specifically to combat child labor; and a “Child Labor Sector Action Plan” is a framework to combat child labor in a particular economic sector, such as mining, fishing, or carpet-making.  Plans to combat specific worst forms of child labor, such as trafficking or commercial sexual exploitation, would also be counted by this measure.  These action plans, rather than international agreements, are covered in measures four through six because they generally entail more specific national and local-level goals and resource commitments, while international agreements may not.[18] 

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.  The quantity and quality of child labor data is continuously increasing and improving, and many countries have worked with ILO-IPEC, UNICEF, and the World Bank in recent years to collect data and information on child labor.  Despite these improvements, information about the incidence and nature of the worst forms of child labor continues to be scarce and is often dated.  Although the preferred information for this section of the report is that about 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, general information on working children 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.[19]  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 proportion that repeat a grade of school, where available.[20]  Demographic information pertaining to gender, ethnicity, and rural/urban residence 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.

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

As stated above, 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 during 2004.  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 exploitive 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 non-governmental 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 promote income generating opportunities for the children’s families that help reduce dependence on the labor of their children. 

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, including the Department of State’s annual Country Reports on Human Rights Practices (Human Rights Report).  Due to the delay between the writing and the clearance of this report, the country profiles draw upon the 2003 Human Rights Report.  Since this report was written, the 2004 Human Rights Report was published, which may provide more updated information.  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.[21]

[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, 106th Cong., 2nd 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 AGOA beneficiaries.

[6] See Senate Rpt.108-345 - Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Bill, 2005.

[7] Trade Act, Section 2461.

[8] Ibid., Section 2461-67.

[9] 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).

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

[11] Ibid., Section 2467(6).

[12] Article 2 of the Convention states that “the term child shall apply to all persons under the age of 18.” See 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] Ibid.

[14] For a discussion of “conditional” and “unconditional” worst forms of child labor, see the introduction to this report.

[15] These guidelines include consideration of whether the work exposes children to physical, psychological, or sexual abuse; if the work is conducted in an unhealthy environment; or if the work is under particularly difficult conditions such as work for long hours, among other considerations. See ILO, R190 Worst Forms of Child Labour Recommendation, 1999, in ILOLEX, [database online]; available from http://www.ilo.org/ilolex/english/recdisp1.htm.

[16] Copies of these reports are available on the U.S. Department of Labor website, at: http://www.dol.gov/ILAB/media/reports/iclp/main.htm. Copies may also be obtained by calling the International Child Labor Program office at: (202) 693-4843 or via email at: GlobalKids@dol.gov.

[17] ILO-IPEC member countries have signed formal Memoranda of Understanding (MOU) with the ILO to initiate child labor projects; Associated Members have given ILO-IPEC permission to initiate child labor projects, but have not signed an MOU.

[18] Although DOL recognizes that some Education for All plans supported by UNESCO entail child labor related goals and resource commitment, these plans are not included in the textbox because a number of plans are currently in draft and have not yet been published.

[19] 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.

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

[21] U.S. Department of Labor, "Request for Information on Efforts by Certain Countries to Eliminate the Worst Forms of Child Labor," Federal Register vol. 69 no. 134, 42212 (July 14, 2004).