HUMAN RIGHTS
Benin, for example, and on plantations in Benin, Côte
d’Ivoire and Togo.24
The ILO has adopted two instruments to guide its
work in this area: the Minimum Age Convention (1973)
(No. 138) and the Worst Forms of Child Labour (1999)
(No. 182), which came into force in 2000. In 1992 the
International Programme on the Elimination of Child
Labour (IPEC) was launched to complement ILO standards on the subject, and to implement programmes to
progressively eliminate child labour.
5.1 The Minimum Age Convention (1973)
(No. 138)
The Minimum Age Convention consolidates and revises
earlier Conventions relating to the minimum age in different sectors such as agriculture, fishing, industry, seafaring, non-industrial employment and underground
work.
Convention No. 138 provides the only comprehensive
set of guidelines relating to the appropriate age at which
young children can enter the workforce.
The main elements are:
Aim of the Convention
• To abolish child labour.
Tools
• National policy to abolish child labour;
• To progressively increase the minimum age for children to enter the workforce to 18 years.
Prohibited areas of child labour
(cannot be excepted)
• Construction;
• Electricity, gas and water;
• Manufacturing;
• Mining and quarrying;
• Plantations and farms (with the exception of family
holdings);
• Sanitary services;
• Transport, storage and communications.
National exceptions (after consultation with
employers’ and workers’ organizations)
• Artistic performances;
• Light work which does not prevent school attendance
and is not harmful to the health and development of
children;
• Limited categories of employment or work in which
there may be problems in applying the Convention;
• Vocational training and apprenticeships.
16
Compulsory coverage (cannot be excluded)
• Any employment or work which by its very nature
and the circumstances in which it is carried out may
jeopardize the health, safety and morals of young
people.
Action required by governments
• The minimum age limit for work cannot be below
14–15 years;
• List occupations which are to be included as ‘national exceptions’;
• To specify a minimum age limit for children to enter
the workforce.
Convention No. 138 prohibits work by children in a
number of areas and aims at the progressive elimination
of child labour. However, it takes into consideration the
conditions prevailing in different countries and provides
a flexible approach to tackling this problem. Although
states may make exceptions to the general rule, the goal
remains the same: the total abolition of child labour.
5.2 The Worst Forms of Child Labour
Convention (1999) (No. 182)
The ILO realized that there was a need for a Convention
which focused on the most harmful forms of child
labour. In 1998 a global march against child labour
arrived at the ILO’s Geneva headquarters, urging the
ILO to adopt stringent measures to address this issue. In
June 1999, the ILO adopted the Convention on the
Worst Forms of Child Labour (No. 182).
Convention No. 182 complements Convention No.
138 and takes into account the provisions of relevant
instruments such as the Forced Labour Convention
(1930) and the UN Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery (1956). It is designed to
stimulate action-oriented programmes to prevent children from working in what are undoubtedly the worst
kinds of work or activities for anyone – especially young
children.
Convention No. 182 entered into force on 19 November 2000. All ILO Conventions come into force a year
after the date that the second ratification is deposited
with the ILO, in this instance by Malawi on 19 November 1999. As of January 2002, 113 countries have ratified Convention No. 182. It has the distinction of being
the ILO Convention with the fastest rate of ratifications,
an indication of the worldwide commitment to ban this
practice.
The main elements of Convention No. 182 are:
THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES