CONVENTION
NO. 182 OF THE ILO CONCERNING THE PROHIBITION AND IMMEDIATE ACTION
FOR THE ELIMINATION OF THE WORST FORMS
OF CHILD LABOUR
(State Gazette No. 30 of 2000)
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.