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Yoshie noguchi ilo

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  • This is an extremely simplified schema, and does not represent the size of the problem (the number of children in each category) All the 4 areas put together represent working children (under 18y of age) - according to the latest 2010 Global estimate: 305.7 million children globally. 1+2+3 = child labour that needs to be eliminated – 215.3 mio children 1 + 2 are children in WFCL (hazardous work or other worst forms) – 115.3 mio in hazardous work is often used as a proxy figure (the other WFCL were estimated to be about 8 mio in 2002) 3 is children below the minimum age at work, not in WFCL, but still in child labour - about 100 mio 4 is NOT child labour , but adolescents at work or part of “youth employment” – rather promoted – around 90 mio (in the context of Global estimates, this category of “permissible work” included short hours of light work by children as from age 12, but this is not separated in this schema. So strictly speaking, the line between 3 and 4 is a bit more nuanced) In terms of ILO standards and goals, 1+2 is the target of eliminating WFCL (by 2016, according to the Hague, ILO GAP 2010, AU goal etc) Among these, category 1 should be the high priority (younger children in hazardous or other WFCL) – they should be withdrawn and put to school. Solutions for category 2 can include vocational training or placement to safer jobs (introduction to decent work). In addition to 1+2 as an urgent priority under C182, Category 3 is the scope of the ultimate goal of effective abolition of child labour (cf. minimum age C138 and also CRC) if necessary, progressively. A simple way of defining child labour could be: i) Work by a child who is too young to work (below the minimum working age = areas 1+3 in this schema) and ii) Work that is unsuitable and prohibited for children below 18 , even having reached this age (WFCL, including HCL = areas 1+2 ; this is the scope of 2016 target) area 1 is an overlapping area: unacceptable work (WFCL) by younger children, therefore priority for elimination This simplified explanation using i) and ii) is not just by the ILO; but also taken by the UN (in a Secretary-General’s Report to the GA in 2009 on the Rights of the Child [A/64/172]
  • (1) Forced labour including forced begging and child trafficking Regarding begging , the issue here is not about whether begging as such should be criminalized or not. It is the act of ‘using’ children or ‘trafficking’ them for the purpose of begging that must be prohibited and punished, and the children involved should be treated as victims and not as offenders. The use of children in begging has also been examined by the ILO supervisory bodies [1] as a situation of forced or compulsory labour of children, when it occurred in the context of traditional and so-called ‘religious’ exercises [2] . Exploitation that results from child trafficking is, of course, not limited to their use in begging. Forms of exploitation vary considerably. Some child victims of trafficking may escape from exploitation at the destination, e.g. as child domestic workers, or subjected to sexual exploitation, and end up on the street. At the same time, children living on the street are extremely vulnerable to trafficking. (2) Sexual exploitation The UN Study on Violence against Children underlined that “girls and boys living on the street are vulnerable to sexual abuse” and “also risk being recruited by pimps and traffickers for sexual and economic exploitation.” Even where they have to resort to ‘survival sex’ (sex in exchange for food or shelter), it falls within the definition of child prostitution under the Optional Protocol to the CRC, [3] and is therefore an issue of the worst forms of child labour – requiring an immediate and effective measures to rescue them. (3) The use of children in illicit activities The use of children in illicit activities, including but not limited to drug trafficking, is explicitly defined among the WFCL under Convention No. 182. It is a relatively new category of issues among child labour. The use of children in illicit activities is not only an issue for criminal or juvenile justice; it must also be tackled from different approaches which reach the root causes of the problem. The issues cannot be solved solely by strengthening law enforcement against offenders who use children in illicit activities, and even less so by only punishing those children for the act itself. [1] Namely, the Committee of Experts on the Application of Conventions and Recommendations (CEACR). Please see www.ilo.org/normes for more information. [2] For instance, the practice of “talibé” in Senegal has been commented by the CEACR, and also was subject of a UCW study (Please see below for the interagency project UCW – Understanding Children’s Work). [3] Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, Article 2(b).
  • Global goal and targets:   The elimination of all worst forms of child labour by 2016 To this end, all countries should design and put in place appropriate time-bound measures by 2008  
  • Transcript

    • 1. Children Working on the Street Yoshie NOGUCHI, Senior legal officer, IPECwww.ilo.org/ipec International Programme on the Elimination of Child Labour 1
    • 2. Contents1. Children “working” on the street2. General overview on child labour3. What is child labour (CL), and its worst forms (WFCL)?4. Challenges/lessons in addressing CL and WFCL on the street5. Data collection: CL on the street6. Eliminating WFCL by 2016 ! www.ilo.org/ipe c International Programme on the Elimination of Child Labour 2
    • 3. Children “Working” on the street Economic activities  selling small objects,  shoe-shining,  portering Sexual exploitation (prostitution) Illicit activities  scavenging,  begging Criminal acts  drug dealing,  pick-pocketing www.ilo.org/ipe c International Programme on the Elimination of Child Labour 3
    • 4. Child labour statistics215 million in child labour, globally115 million of these children in hazardous work www.ilo.org/ipe c International Programme on the Elimination of Child Labour 4
    • 5. ILO Global Report 2010Child labour continues to decline, [3% decline between 2004-2008] but more modestly than previously [10% decline between 2000-2004]On present trends, the goal of eliminating the worst forms of child labour by 2016 will not be reached www.ilo.org/ipe c International Programme on the Elimination of Child Labour 5
    • 6. Different trends: girls and boysFewer girls are now in child labour.  declined by 15%.Worrying trend for boys  Increase by 20% among older boys (15-17) in hazardous work www.ilo.org/ipe c International Programme on the Elimination of Child Labour 6
    • 7. Regional trendsAsia and Pacific – significant reduction down to 96m (14.8 % of children)Latin America and Caribbean – slight reduction down to 10m (9%)Sub Saharan Africa – further increase to 58m (28.4%)No separate figure for Europe or developed countries – lack of surveys www.ilo.org/ipe c International Programme on the Elimination of Child Labour 7
    • 8. CRC and child labourThe right to be protected from economic exploitation (§32) = the protection from child labour (ILS)The right to education, health …Non-discriminationTwo issues under the Op Protocols (sexual exploitation, armed conflict) = Worst Forms of Child Labour www.ilo.org/ipe c International Programme on the Elimination of Child Labour 8
    • 9. What is Child Labour?Child labour to be eliminated =Worst Forms of Child Labour (C182) andWork done by a child below the minimum age for that kind of work (specified by national law, in line with C138 and CRC article 32(2))See: UN SG Report to GA 2009 [A/64/127] www.ilo.org/ipe c International Programme on the Elimination of Child Labour 9
    • 10. What is child labour? Work that is NOT Hazardous work hazardous or or other WFCL other WFCL 18y Children above the minimum age but 4 2 below 18y14/15/16 Children below the minimum working age 3 1 www.ilo.org/ipe c International Programme on the Elimination of Child Labour 10
    • 11. Worst Forms of Child Laboura) Children in slavery, forced or compulsory labour, child trafficking Including debt bondage, forced recruitment for use in armed conflicta) Children used in prostitution and pornographyb) Children used in illicit activitiesc) Children in hazardous workSee : ILO C182, Article 3 www.ilo.org/ipe c International Programme on the Elimination of Child Labour 11
    • 12. C 182: coverageAllsectors of economic activity without any exceptionGirls and boys under 18 yearsSpecial attention for most vulnerable e.g. minorities, girls, very young, and on the street !Worst forms of child labour as urgent priority target for action www.ilo.org/ipe c International Programme on the Elimination of Child Labour 12
    • 13. Child labour and its worst forms on the streeta) Forced labour, including in begging, child traffickingb) Sexual exploitationc) The use of children in illicit activities or crime (e.g. drugs)d) hazardous work = “work likely to jeopardize/harm a child’s health, safety or morals” www.ilo.org/ipe c International Programme on the Elimination of Child Labour 13
    • 14. Challenges in addressing child labour on the street Outside the scope of “child labour” legislation - absence of an employer, or formal relation - not considered in the “hazardous work” list The children may be perceived as delinquents rather than victims of WFCL Interest in / access to education ? “Decent Work” prospect for these children ? Social protection measures may focus adults or families: e.g. Cash Transfer, income support Maybe lacking ID, birth certificate, legal status... www.ilo.org/ipe c International Programme on the Elimination of Child Labour 14
    • 15. Some good practice examples Listing “street vending” among the hazardous work and prohibit for children (Lebanon) Comprehensive rehabilitation for girls on the street and/or at risk of sexual exploitation (Russian Federation) Mobile schools: facilitating the transition from street to school (Romania) Mobilizing public action by raising awareness among teachers and students (Paraguay) – SCREAM (Supporting Children’s Rights through Education, the Arts and the Media) methods www.ilo.org/ipe c International Programme on the Elimination of Child Labour 15
    • 16. Some lessons learned Clearly define “what is not acceptable” in labour, criminal, or children’s rights or other laws; Consider and address difficulties of enforcement Raise awareness among stakeholders of the specific risks [of working street girls]; thus help raise the issue higher on the political agenda Gradually prepare the children for social / family integration Involve government entities from the beginning, giving them ownership Mobilize children and young people; conveying the message to the public (families, community and institutions) and also the business community Respect and adapt to the socio-economic and cultural characteristics of each country and each community www.ilo.org/ipe c International Programme on the Elimination of Child Labour 16
    • 17. Child labour statisticsSIMPOC* (Statistical Information and Monitoring Programme on Child Labour) help countries in :household-based surveys,establishment-based surveys,baseline surveys, andrapid assessments[* www.ilo.org/ipec/ChildlabourstatisticsSIMPOC ] www.ilo.org/ipe c International Programme on the Elimination of Child Labour 17
    • 18. Child labour statistics (2)Need to develop methodologiesNeed to define concepts for statistical operation < legal definitionsResolution by the 18th International Conference of Labour Statisticians concerning statistics of child labour (ICLS Resolution) - 2008 www.ilo.org/ipe c International Programme on the Elimination of Child Labour 18
    • 19. Challenges in collecting data on child labour on the streetHousehold-based surveys can gather information only on children living with their family and working on the streetEstablishment-based surveys may not cover any child labour on the streetChildren’s accessibility, availability and interest in the data collection www.ilo.org/ipe c International Programme on the Elimination of Child Labour 19
    • 20. Rapid AssessmentMethodology jointly developed by ILO and UNICEFEspecially useful for some WFCLQualitative information obtained through a rapid assessment will apply with certainty only to the limited sample population and context[See: manuals available on SIMPOC website] www.ilo.org/ipe c International Programme on the Elimination of Child Labour 20
    • 21. Capture-Recapture methodSee the UCW example (Study on child beggars in Dakar)Previously used (2002 Global Report on Child Labour) in estimating the scale of the WFCL other than hazardous work – a huge challenge for us all in CL statistics www.ilo.org/ipe c International Programme on the Elimination of Child Labour 21
    • 22. Ethical considerations in child labour data collectionThe best interest of the childPre-research issuesAssess the safety risk to the child of participating in the survey (and to the researchers): especially for children exploited in / by organize crimeInformed consent for all interviews; in a child-sensitive way; with the right to say “No” at any time www.ilo.org/ipe c International Programme on the Elimination of Child Labour 22
    • 23. Ethical considerations in child labour data collection (2)Issues during research Language and logic: to avoid jargon and adapted to each child (age, sex, culture…) Trust: to be built patiently on relationship Conditions of listening: carefully, with positive and neutral expression Pay and promises: consider carefullyPost –research issues Right to privacy / sharing info & outcome www.ilo.org/ipe c International Programme on the Elimination of Child Labour 23
    • 24. Accelerating action against child labour an increased global effort to tackle child labour and enhanced Government commitment reach out to children at special risk: e.g. on the street ! www.ilo.org/ipe c International Programme on the Elimination of Child Labour 24
    • 25. Further measuresinternational cooperationsocial dialogue and cooperation = Partnership with business and trade unionsadvocacy and mobilisationdecent work for youth/adults www.ilo.org/ipe c International Programme on the Elimination of Child Labour 25
    • 26. The Global Action PlanEliminating the worst forms of child labour by 2016 !  Roadmap 2010 (The Hague)  Attention: children on the street www.ilo.org/ipe c International Programme on the Elimination of Child Labour 26
    • 27. Thank you for your attention ! International Programme on the Elimination of Child Labour 4, Route des Morillons CH-1211 Geneva 22 Switzerland Tel.: (+41 - 22) 799 81 81 Fax: (+41 - 22) 799 87 71 E-mail: ipec@ilo.org Child labour website: http://www.ilo.org/ipecwww.ilo.org/ipec International Programme on the Elimination of Child Labour 27