C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
Convention
concerning the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour (Entry into force: 19 Nov 2000)
Adoption: Geneva, 87th ILC session (17 Jun 1999)
Preamble
The
General Conference of the International Labour Organization,
Having
been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its 87th Session on 1 June 1999, and
Considering
the need to adopt new instruments for the prohibition and elimination of the
worst forms of child labour, as the main priority for national and
international action, including international cooperation and assistance, to
complement the Convention and the Recommendation concerning Minimum Age for
Admission to Employment, 1973, which remain fundamental instruments on child
labour, and
Considering
that the effective elimination of the worst forms of child labour requires
immediate and comprehensive action, taking into account the importance of free
basic education and the need to remove the children concerned from all such
work and to provide for their rehabilitation and social integration while
addressing the needs of their families, and
Recalling
the resolution concerning the elimination of child labour adopted by the
International Labour Conference at its 83rd Session in 1996, and
Recognizing
that child labour is to a great extent caused by poverty and that the long-term
solution lies in sustained economic growth leading to social progress, in
particular poverty alleviation and universal education, and
Recalling
the Convention on the Rights of the Child adopted by the United Nations General
Assembly on 20 November 1989, and
Recalling
the ILO Declaration on Fundamental Principles and Rights at Work and its
Follow-up, adopted by the International Labour Conference at its 86th Session
in 1998, and
Recalling
that some of the worst forms of child labour are covered by other international
instruments, in particular the Forced Labour Convention, 1930, and the United
Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices Similar to Slavery, 1956, and
Having
decided upon the adoption of certain proposals with regard to child labour,
which is the fourth item on the agenda of the session, and
Having
determined that these proposals shall take the form of an international
Convention;
adopts
this seventeenth day of June of the year one thousand nine hundred and
ninety-nine the following Convention, which may be cited as the Worst Forms of
Child Labour Convention, 1999.
Article
1
Each
Member which ratifies this Convention shall take immediate and effective
measures to secure the prohibition and elimination of the worst forms of child
labour as a matter of urgency.
Article
2
For
the purposes of this Convention, the term child shall apply to all
persons under the age of 18.
Article
3
For
the purposes of this Convention, the term the worst forms of child labour
comprises:
- (a) 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 labour,
including forced or compulsory recruitment of children for use in armed
conflict;
- (b) the use, procuring or
offering of a child for prostitution, for the production of pornography or
for pornographic performances;
- (c) the use, procuring or
offering of a child for illicit activities, in particular for the
production and trafficking of drugs as defined in the relevant
international treaties;
- (d) 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.
Article
4
- 1. The types of work referred
to under Article 3(d) shall be determined by national laws or regulations
or by the competent authority, after consultation with the organizations
of employers and workers concerned, taking into consideration relevant
international standards, in particular Paragraphs 3 and 4 of the Worst
Forms of Child Labour Recommendation, 1999.
- 2. The competent authority,
after consultation with the organizations of employers and workers
concerned, shall identify where the types of work so determined exist.
- 3. The list of the types of
work determined under paragraph 1 of this Article shall be periodically
examined and revised as necessary, in consultation with the organizations
of employers and workers concerned.
Article
5
Each
Member shall, after consultation with employers' and workers' organizations,
establish or designate appropriate mechanisms to monitor the implementation of
the provisions giving effect to this Convention.
Article
6
- 1. Each Member shall design and
implement programmes of action to eliminate as a priority the worst forms
of child labour.
- 2. Such programmes of action
shall be designed and implemented in consultation with relevant government
institutions and employers' and workers' organizations, taking into
consideration the views of other concerned groups as appropriate.
Article
7
- 1. Each Member shall take all
necessary measures to ensure the effective implementation and enforcement
of the provisions giving effect to this Convention including the provision
and application of penal sanctions or, as appropriate, other sanctions.
- 2. Each Member shall, taking
into account the importance of education in eliminating child labour, take
effective and time-bound measures to:
- (a) prevent the engagement of
children in the worst forms of child labour;
- (b) provide the necessary and
appropriate direct assistance for the removal of children from the worst
forms of child labour and for their rehabilitation and social
integration;
- (c) ensure access to free
basic education, and, wherever possible and appropriate, vocational
training, for all children removed from the worst forms of child labour;
- (d) identify and reach out to
children at special risk; and
- (e) take account of the
special situation of girls.
- 3. Each Member shall designate
the competent authority responsible for the implementation of the
provisions giving effect to this Convention.
Article
8
Members
shall take appropriate steps to assist one another in giving effect to the
provisions of this Convention through enhanced international cooperation and/or
assistance including support for social and economic development, poverty
eradication programmes and universal education.
Article
9
The
formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.
Article
10
- 1. This Convention shall be
binding only upon those Members of the International Labour Organization
whose ratifications have been registered with the Director-General of the
International Labour Office.
- 2. It shall come into force 12
months after the date on which the ratifications of two Members have been
registered with the Director-General.
- 3. Thereafter, this Convention
shall come into force for any Member 12 months after the date on which its
ratification has been registered.
Article
11
- 1. A Member which has ratified
this Convention may denounce it after the expiration of ten years from the
date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
- 2. Each Member which has
ratified this Convention and which does not, within the year following the
expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this
Article, will be bound for another period of ten years and, thereafter,
may denounce this Convention at the expiration of each period of ten years
under the terms provided for in this Article.
Article
12
- 1. The Director-General of the
International Labour Office shall notify all Members of the International
Labour Organization of the registration of all ratifications and acts of
denunciation communicated by the Members of the Organization.
- 2. When notifying the Members
of the Organization of the registration of the second ratification, the
Director-General shall draw the attention of the Members of the
Organization to the date upon which the Convention shall come into force.
Article
13
The
Director-General of the International Labour Office shall communicate to the
Secretary-General of the United Nations, for registration in accordance with
article 102 of the Charter of the United Nations, full particulars of all
ratifications and acts of denunciation registered by the Director-General in
accordance with the provisions of the preceding Articles.
Article
14
At
such times as it may consider necessary, the Governing Body of the
International Labour Office shall present to the General Conference a report on
the working of this Convention and shall examine the desirability of placing on
the agenda of the Conference the question of its revision in whole or in part.
Article
15
- 1. Should the Conference adopt
a new Convention revising this Convention in whole or in part, then,
unless the new Convention otherwise provides --
- (a) the ratification by a
Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions
of Article 11 above, if and when the new revising Convention shall have come
into force;
- (b) as from the date when the
new revising Convention comes into force, this Convention shall cease to
be open to ratification by the Members.
- 2. This Convention shall in any
case remain in force in its actual form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article
16
The
English and French versions of the text of this Convention are equally
authoritative.
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