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LABOUR RIGHTS
The supervisory system of the ILO often finds that those most subject to forced
labour are ethnic minorities and indigenous and tribal peoples. Article 1(e) of
Convention No. 105 places on state parties the explicit obligation to suppress and
not to make use of any form of forced or compulsory labour. The Global Report
2001 on stopping forced labour under the follow-up to the 1998 Declaration,
pointed out that the coincidence of traditional forms of slavery with ethnic
divisions suggests a linkage between eliminating forced labour and eliminating
discrimination in societies.9 Reports of forced labour on agricultural plantations in
West Africa have included indications that children from particular ethnic groups
are particularly affected. In the case of Myanmar, the burden of forced labour
appears to be particularly great for non-Burmese ethnic groups and for the Muslim
minority.10
Child labour
Child labour affects minority groups and indigenous peoples to a greater extent
than the majority of the population. In northern Europe, child labourers are likely
to be of African or Turkish origin; in Canada, they tend to be of Asian decent; and
in Brazil, from indigenous groups.11 Child labour practices perpetuate poverty and
inequality along ethnic lines by denying children from vulnerable groups the
opportunity to acquire the capabilities needed in productive life. This link has been
reaffirmed recently in the Durban Declaration and Programme of Action.12
The UN Convention on the Rights of the Child contains a prohibition of
economic exploitation of all children (Art. 32). The ILO Minimum Age
Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention,
1999 (No. 182), provide for the elimination of child labour in respect to all
persons. Recommendation No. 146, paragraph 2(c), provides that policies for the
elimination of child labour should include the development and progressive
extension of social security and family welfare measures. Paragraph 3 of
Recommendation No. 146 calls for particular attention to the needs of migrant
children. Article 7(d) of Convention No. 182 requires effective measures to identify and reach out to children at special risk. Article 6 of Convention No. 182
provides that programmes of action to eliminate child labour shall be designed and
implemented, taking into consideration the views of concerned groups.
Recommendation No. 190, paragraph 2, recommends that such programmes of
action should be designed and implemented in consultation with concerned
groups. They should also aim at identifying and working with communities where
children are at special risk and at informing and mobilizing concerned groups. It
appears that organizations of minorities and/or those representing their interests
would qualify as ‘concerned groups’ and that ‘communities’ includes indigenous or
tribal communities or other minority communities.13