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Part III
Department of Labor
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Bureau of International Labor Affairs
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Request for Information on Efforts by Certain Countries To Eliminate
the Worst Forms of Child Labor; Notice
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DEPARTMENT OF LABOR
Bureau of International Labor Affairs
Request for Information on Efforts by Certain Countries To
Eliminate the Worst Forms of Child Labor
AGENCY: The Bureau of International Labor Affairs, Labor.
ACTION: Request for information on efforts by certain countries to
eliminate the worst forms of child labor.
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SUMMARY: This notice is a request for information for use in Department
of Labor research regarding the implementation of international
commitments to eliminate the worst forms of child labor by countries
seeking benefits under the Generalized System of Preferences (GSP),
and/or eligibility for additional benefits provided for in the
Caribbean Basin Trade Partnership Act (CBTPA) or the African Growth and
Development Act (AGOA). The recently passed Trade and Development Act
of 2000 (TDA) establishes a new eligibility criterion, concerning
efforts to eliminate the worst forms of child labor, for receipt of
these trade benefits. The TDA requires the Secretary of Labor to make
findings with respect to beneficiary countries' implementation of their
international commitments to eliminate the worst forms of child labor.
DATES: Submitters of information are requested to provide two (2)
copies of their written submission to the International Child Labor
Program at the address below by 5 p.m. on September 25, 2000.
ADDRESSES: Written submissions should be addressed to Kevin Willcutts
at the International Child Labor Program, Bureau of International Labor
Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
S-5303, Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Kevin Willcutts, International Child
Labor Program, Bureau of International Labor Affairs at (202)208-4843;
fax (202)219-4923. The Department of Labor's reports on international
child labor can be accessed on the Internet at http://www.dol.gov/dol/
ilab/public/programs/iclp/ or can be obtained from the International
Child Labor Program.
SUPPLEMENTARY INFORMATION: The recently passed Trade and Development
Act of 2000 [Pub. L. 106-200], signed into law on May 18, 2000,
establishes a new eligibility criterion concerning efforts to eliminate
the worst forms of child labor for receipt of trade benefits under the
GSP, CBTPA, and AGOA programs. The TDA amends the GSP reporting
requirements of the Trade Act of 1974 (Section 504) [19 U.S.C. 2464] to
require that the annual report include ``findings by the Secretary of
Labor with respect to the beneficiary country's implementation of its
international commitments to eliminate the worst forms of child
labor.''
Title II of the TDA includes as a criteria for receiving benefits
under the CBTPA ``whether the country has implemented its commitments
to eliminate the worst forms of child labor, as defined in section
507(6) of the Trade Act of 1974.'' The TDA Conference Report [Joint
Explanatory Statement of the Committee of Conference, 106th
Cong.2d.sess. (2000)] indicates that ``the conferees intend that the
GSP standard, including the provision with respect to implementation of
obligations to eliminate the worst forms of child labor, apply to
eligibility for those additional benefits'' [provided for in the AGOA.]
Scope of Report
Countries presently eligible under the GSP are: Albania, Angola,
Antigua and Barbuda, Argentina, Armenia, Bahrain, Bangladesh, Barbados,
Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana,
Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape
Verde, Central African Republic, Chad, Chile, Colombia, Comoros, Congo,
Costa Rica, Cote d'Ivoire, Croatia, Czech Republic, Democratic Republic
of the Congo, Djibouti, Dominican Republic, Ecuador, Egypt, El
Salvador, Equatorial Guinea, Estonia, Ethiopia, Fiji, Gabon, the
Gambia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana,
Haiti, Honduras, Hungary, India, Indonesia, Jamaica, Jordan,
Kazakhstan, Kenya, Kiribati, Kyrgyzstan, Latvia, Lebanon, Lesotho,
Lithuania, Macedonia, Madagascar, Malawi, Mali, Malta, Mauritania,
Mauritius, Moldova, Morocco, Mozambique, Namibia, Nepal, Niger, Oman,
Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines,
Poland, Romania, Russia, Rwanda, Saint Kitts-Nevis, Saint Lucia, Saint
Vincent and the Grenadines, Sao Tome & Principe, Senegal, Seychelles,
Sierra Leone, Slovakia, Slovenia, Solomon Islands, Somalia, South
Africa, Sri Lanka, Suriname, Swaziland, Tanzania, Thailand, Togo,
Tonga, Trinidad and Tobago, Tunisia, Turkey, Tuvalu, Uganda, Ukraine,
Uruguay, Uzbekistan, Vanuatu, Venezuela, Republic of Yemen, Zambia, and
Zimbabwe.
Countries potentially eligible for additional benefits under the
AGOA are: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon,
Cape Verde, Central African Republic, Chad, Comoros, Congo, Cote
d'Ivoire, Democratic Republic of the Congo, Djibouti, Equatorial
Guinea, Eritrea, Ethiopia, Gabon, the Gambia, Ghana, Guinea, Guinea
Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania,
Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome &
Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa,
Sudan, Swaziland, Tanzania, Togo, Uganda, Zambia, and Zimbabwe.
Countries potentially eligible for additional benefits under the
CBTPA are: Anguilla, Antigua and Barbuda, Bahamas, Barbados, Belize,
Costa Rica, Dominica, Dominican Republic, El Salvador, Grenada,
Guatemala, Guyana, Haiti, Honduras, Jamaica, Nicaragua, Panama, Saint
Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago,
Cayman Islands, Montserrat, Netherlands Antilles, Saint Kitts-Nevis,
Turks and Caicos Islands, and the British Virgin Islands.
Information Sought
The Department invites written information relevant to the findings
to be made by the Department of Labor under the TDA from all interested
parties. Information provided through public submission will be
considered by the Department of Labor in preparing its findings.
Materials submitted should be confined to the specific topic of the
study. In particular, the Department's Bureau of International Labor
Affairs is seeking written submissions on the following topics as
stipulated in the TDA Conference Report:
1. Whether the country has adequate laws and regulations
proscribing the worst forms of child labor;
2. Whether the country has adequate laws and regulations for the
implementation and enforcement of such measures;
3. Whether the country has established formal institutional
mechanisms to investigate and address complaints relating to
allegations of the worst forms of child labor;
4. Whether social programs exist in the country to prevent the
engagement of children in the worst forms of child labor, and assist in
the removal of children engaged in the worst forms of child labor;
5. Whether the country has a comprehensive policy for the
elimination of the worst forms of child labor;
6. Whether the country is making continual progress toward
eliminating the worst forms of child labor.
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Information relating to the nature and extent of child labor in the
country is also sought.
Definition of ``Worst Forms of Child Labor''
As stated in the TDA Conference Report, use of the term ``Worst
Forms of Child Labor'' in the TDA follows International Labor
Organization (ILO) Convention No. 182, which defines child as all
persons under the age of 18, and the worst forms of child labor as
comprising all forms of slavery or practices similar to slavery, such
as the sale and trafficking of children, debt bondage and serfdom and
forced or compulsory labor, including forced or compulsory recruitment
of children for use in armed conflict; the use, procuring or offering
of a child for prostitution, for the production of pornography or for
pornographic performances; the use, procuring or offering of a child
for illicit activities, in particular for the production and
trafficking of drugs as defined in relevant international treaties; or
any 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 TDA Conference Report noted that the phrase
* * * 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 * * *
is to be defined as in Article II of Recommendation No. 190, which
accompanies ILO Convention No. 182. This includes work that exposes
children to physical, psychological, or sexual abuse; work underground,
under water, at dangerous heights or in confined spaces; work with
dangerous machinery, equipment or tools, or work under circumstances
which involve the manual handling or transport of heavy loads; work in
an unhealthy environment that exposes children to hazardous substances,
agents or processes, or to temperatures, noise levels, or vibrations
damaging to their health; and work under particularly difficult
conditions such as for long hours, during the night or under conditions
where children are unreasonably confined to the premises of the
employer. The TDA Conference Report further indicated that the phrase
* * * 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 * * *
be interpreted in a manner consistent with the intent of Article 4 of
ILO Convention No. 182, which states that such work shall be determined
by national laws or regulations or by the competent authority in the
country involved.
This notice is a general solicitation of comments from the public.
Signed at Washington, DC this 3rd day of August, 2000.
Andrew J. Samet,
Deputy Under Secretary.
[FR Doc. 00-20336 Filed 8-10-00; 8:45 am]
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