Children are exploited because they offer employers a cheap workforce, do not protest and are largely unrepresented by trades unions. In the long-term, however, the exploitation of child labour not only damages the children concerned but also inhibits the emergence of a skilled workforce, forcing the countries concerned into a cycle of impoverishment.
The conclusion of the Uruguay round of the General Agreement on Tariffs and Trade (GATT) aimed to lift restrictions on markets and increase world trade. The first ministerial meeting of the World Trade Organization, set up to administer international trade, will take place in Autumn '96. It is against this background that the recent calls for trade boycotts on goods produced by child labour have gained currency. Western consumers are naturally concerned that the products they buy from abroad should not have been produced using methods that exploit children. Trade unions in the 'North' are legitimately concerned with supporting workers in the 'South'. They also fear that in order to compete with cheap imports produced using child labour, hard won labour standards in their own countries will be gradually eroded.
Anti-Slavery International (ASI), has been working on the issue of child labour for over 20 years. It can demonstrate, perhaps more than most, a long-term desire to see an end to the exploitation of child labour. For many reasons however, ASI has resisted calls for trade sanctions. Although there are some advantages in linking basic human rights standards to international trade agreements, we believe that with regard to child labour there are signifcant dangers associated with this approach.
Everyone is against 'Child Labour' but what do they mean?
When we talk about 'banning' child labour we may be talking about a number of different things. 'Child labour' is generally used in a pejorative sense, and taken to imply some form of exploitation. But different organisations and different societies attach different meanings to the phrase. Most people recognise that there is some work that children pelform that is not exploitative, and, indeed, is an essential part of growing up. Most will also agree that certain situations are totally unacceptable. These two extremes however will always be separated by a grey area which is difficult to codify. In some languages there is great difficulty , even in expressing this range of meanings.
There are arguments about ages (the UN Convention on the Rights of the Child defines a child as being under 18 years of age) and different stages of maturity; there are arguments about culture and stages of development; there are arguments about the merits of formal education as compared with work experience. Table 1 proposes a hierarchy of child labour exploitation based on interpretations of key international instruments. It also suggests where the priorities should lie when designing solutions to the problem of working children.
What Causes Child Labour?
Poverty - Child Labour is rooted in poverty. In many cases families depend on a child's wages for their suIvival.
Lack of Alternatives - It is widely acknowledged that the provision of compulsoIy prima y education is the state' s main method of controlling child labour. But the equation is not quite that simple. Schooling must be affordable and relevant to the child's circumstances, and should provide practical skills and knowledge if it is to be seen as a worthwhile investment by the child's family.
Lack of Awareness - Many people in positions of responsibility may not see some forms of child labour, for example domestic senice, as exploitation. Children and their families may also be unaware of their rights.
Cultural Traditions - The worst situations occur where it is children from marginalised groups who are set to work These might include: former slave families; indigenous peoples; forest dwellers; pastoralists and other nomads; migrants; and 'untouchables'. The issue of child labour then becomes part of a much wider issue of discrimination and disenfranchisement. In many countries too, the education of girls is seen as a lower priority than that of boys, and girls are set to work earlier than their brothers.
Demand for Child Workers in the Labour Market - Children represent a cheap and compliant workforce. All too often there are those who are prepared to exploit children for profit.
The implementation of trade sanctions, as a measure in isolatlon, addresses only the last of these issues; and it is only the export sector that would be affected. The economic impact might even exacerbate the problem, particulary in the short-term.
Laws - solutions or obstacles?
National laws and international treaties specify minimum ages for light work (12/13 years), normal work (14/15 years) and dangerous work (18 years). Some laws are drafted for specific industries, such as mining and seafaring. However the labour laws in many countries remain unimplemented because of severe economic conditions and prevailing social attitudes. In some cases the laws are so unrealistic that they are impossible to implement. In particular, the lack of compulsory birth registration means that the ages of children cannot be verified in work situations. In addition they sometimes fail to address the informal sector it is often in small workshops, agriculture, domesdc service, begging and prostitution that the worst forms of child labour are to be found.
The mere presence of labour laws may mean that there are no statistics and no registers of working children, because what they are doing is illegal. This clearly impedes the formulation of programmes intended to help such children.
Trade sanctions will have the most serious effect on those countries where information is readily available. This may well lead governments and employers to try to conceal the problem and drive it further underground.
Child labour in the Export Sector
In countries undergoing transformation from an agricultural to an industrial economy, children are increasingly being sucked into the urban centres to work. The fact that they are migrants and often separated from their parents makes them particularly vulnerable to exploitation. There have been many reports, some by Anti-Slavery International, detailing the exploitation of children working in manufacturing and service industries and in domestic work. The export sector is no different in this respect: children are used in many countries for the production of goods such as shoes, textiles and clothing, which are sold in foreign markets.
The direct link to the consumer in the 'North' has made the export sector the inevitable focus of international condemnation. In tackling child labour, however, it would be wrong to assume that the exploitation in this sector is greater than in other areas, or that it can be dealt with separately from the rest of the economy.
There is some evidence to suggest that working conditions in the export sector may, if anything, be better than elsewhere. There are several reasons for this. Flrstly this sector tends to be more profitable; wages are therefore usually higher, and equipment better. Secondly some multinational companies working in this sector have had a positive influence (see Recommendations below), providing for example on-site education and creche facilities.
If we are to eliminate child labour we must look not only at the export sector but at the economy as a whole, including the service sector and all manufacturing industries. Trade sanctions will only directly affect the export sector. Without an improvement in education facilities and general economic conditions, forcing children out of the these industries might result in their working in worse conditions. Implementing trade sanctions might salve the consciences of consumers in the 'North', but ultimately may not be in the best interests of the children involved (Article 3, UN Convention on the Rights of the Child). Moreover, such measures create a climate of hostility that may damage national campagns to address the problem.
Conclusions
Child labour is a complex problem which demands a range of solutions and sensitive treatment. The curlent debate about trade sanctions tends toover-sirnplify the sinuation and to ignore the many issues involved. The debate must take account of the limited effectiveness of trade sanctions in combating child labour. Including trade sanctions within the terms of any Įsocial clauseČ of international trade agreements must be seen as a last resort; and their implementation should apply only to the worst situations. The international community must take greater responsibility for funding local programmes that will tackle the root causes of child labour.
Recommendations
Child Slavery should be the first priority for abolition (see Table 1). There is evidence that some children falling into this category are involved in producing goods for export. Many governments have not taken action to address this situation and some even refuse to acknowledge that it exists.
Where there is evidence of forced or slave labour, and where govemments have failed to take action to address the problem, Anti-Slavery Intenational supports the use of trade sanctions to bring about the eradication of practices prohibited by the UN's 1956 Supplementary Slavery Convention and ILO Conventions Nos. 29 and 105.
Consumers in 'Northern' markets have a right not to buy products made by exploited children. However, we believe that blanket bans n the imports of goods produced by child labour migh~ result in greater exploitation. We advocate instead:
Product-labelling that identifies those items that are confirmed to be free of child labour.Encouraging multinational companies to adopt and enforce codes of conduct, either directly or through their sub-contractors. Wherever practical, training, education and creche facilities should be provided. The companies should also actively engage in the labour rights debate in the countries where they operate.
Encouraging all importers and retailers to insist that their suppliers adopt the minimum international standards on child labour and to set up effective monitoring procedures.
Child labour will only be eliminated through long-term, national programmes that involve the broad support of the populace and address all the causal factors. ~e international co~ununity must support these movements by:
Better targeting of development aid to help states provide primary education. This should be aimed at marginalised children and other at-risk groups such as children working as domestic servants. me provision of job-orientated education, education in the workplace, free school meals or stipends to parents to replace the child's earnings may be necessary.Encouraging countries to work with the ILO and UNICEF to adopt long-term programmes of action aimed at reducing and eventually eradicating the use of child labour.
| Level of Explotation | Decription | Principle applicable International Instruments |
| Child Work | Child worK is not necessary exploitative and can play a positiv part in a child's development . Light work is accptable for children over the age of 13 (12 years in developing countrie ) under regulated conditions and without interfering with their education. | United Nations (UN) Convention on he Rights of the Child. International Labour Organization (ILO) Minimum Age Convention No 138. |
| Child Labour | Child work becomes child labour if the child is working in conditions that interfere with schooling, or that are hazardous or otherwise injurious to the child's physical, mental, sociam or moral well-being. In its severest forms child labour can be defined as slavery. | UN Convention on the Rights of the Child, Articla 32. ILO Minimum Age Convention No 138 |
| Child Slavery | This is where tha chlld (under 18 years) is taken or otherwise handed over by her/his parents or guardians and compelled to work, or made to pay off loans given as advances through the use ot their labour. This also includes cnild prostitution. Child slavary ia prohibited in virtually all countries, but continues to be widely reported. | UN 1956 Supplementary Slavery Convention. ILO Forced Labour Conventions Nos. 29 and 105 |
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