CRINMAIL 72

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WORLD DAY AGAINST CHILD LABOUR

No child labour in domestic work

In 2002 the International Labour Organization created the World Day Against Child Labour to be celebrated every year on 12 June. Its purpose is to raise awareness of the plight of hundreds of millions of child labourers around the world who carry out work that is physically, socially or morally dangerous and harmful to them and interferes with their schooling. This year’s theme looks at the situation of children who engage in domestic work - around 15.5 million worldwide - who are often victims of physical, psychological and sexual violence and abusive working conditions. 

Drawing on specific examples of abuse, a 2006 study on the experiences of 500 child domestic workers in West Bengal, India found that 68 per cent had suffered physical violence at the hands of their employers, with more than 45 per cent suffering abuse that had led to injuries.  Sexual violence is also relatively common, with female child domestic workers in Haiti sometimes referred to as “la pou sa”, a Creole term meaning “there for that”, which reflects the wide acceptance of sexual abuse against them.  Child domestic workers are also at risk of developing behavioural problems and disorders, which another study in Ethiopia found to be caused by traumatic experiences suffered while working, including physical, verbal and emotional abuse

Following years of lobbying to secure adequate protection for domestic works, the International Labour Organization adopted in 2011 the Domestic Workers Convention (Convention 189 concerning Decent Work for Domestic Workers), thereby providing the first global standards enshrining the rights of all domestic workers, including children, in international law. This new Convention complements the provisions of the ILO Child Labour Conventions No. 138 on Minimum Age and No. 182 on the Worst Forms of Child Labour, by obliging governments to protect the rights of children currently working as domestic workers in both their capacities as children and labourers, and ultimately, to eliminate child domestic labour. Specifically, the Domestic Workers Convention requires ratifying States to:

• take specific steps to eliminate child labour in domestic work;

• protect domestic workers from abuse, harassment and violence;

• set a minimum age for domestic work in line with international standards, and ensure that work by children above that age does not deprive them of schooling; and

• ensure that domestic workers above the legal age to work are entitled to the same rights as other workers, including daily rest and weekly days off, limits to hours of work, minimum wage coverage and overtime compensation.

The '12 by 12' ratification campaign

To-date, out of all 185 ILO Member States, seven - Bolivia, Italy, Mauritius, Nicaragua, Paraguay, the Philippines and Uruguay - have ratified the Domestic Workers Convention. As of February 2013,  the Convention had also been submitted for consideration to the parliaments or other official bodies in at least 48 other States.

CRIN is part of an NGO coalition campaign to encourage more governments to ratify the Convention, which enters into force on 5 September 2013. The “12 by 12” campaign was launched by the International Trade Union Confederation (ITUC) to seek 12 ratifications of the Convention in 2012. The campaign continues to organise worldwide and is now active in 92 countries. The NGO coalition sent a letter to Ministers of Labour urging governments to ratify the Convention.

Advocates and organisations can also encourage their government to ratify the Convention, or make a pledge to do so in 2013. This year offers a unique opportunity for governments to ratify, as the 3rd Global Conference on Child Labour to be hosted by Brazil from 8-10 October 2013 will bring together thousands of delegates and an estimated 140  governments to accelerate global action to eliminate child labour. A sample letter is available here.

New research, resources and pledges

On the occasion of the World Day Against Child Labour organisations released new research and resources addressing the issue of child domestic labour, while governments pledged to tackle the issue at a national level. The following list are just some of these.

The International Labour Organization seeks to improve understanding of child labour in domestic work through a new report, which, among other features, provides insight into the experiences of child domestic workers and sheds light on the discrimination, isolation, hazards and vulnerabilities these children face. The report also underlines the fundamental role of civil society in tackling child labour in domestic work, as well as exploring existing policy responses to the issue, and making a call for action towards eliminating child domestic labour. The report is available to download in English, French and Spanish.

Joining the call for action was the the Special Representative of the UN Secretary-General on Violence against Children, Marta Santos Pais, who called on all countries to ratify the ILO Domestic Workers Convention and implement it to safeguard children’s rights and guarantee their protection from violence. She said: “It is crucial that governments around the world take the lead in this process. I call upon political leaders across regions to adopt effective legislative and policy reforms to ensure the prohibition and elimination of child labour in domestic work and provide decent working conditions and appropriate protection to young domestic workers of legal working age.”

The organisation Children Unite, which works exclusively to protect child domestic workers from abuse and exploitation, provides some analysis on the ILO’s report in its policy briefing, reflecting in particular on the ILO’s shift in emphasis - “away from encouraging blanket bans towards more nuanced efforts to protect young domestic workers who are entitled to work.”  

The education programme of Anti-Slavery International has produced, in collaboration with Children Unite, education packs on the issue of child domestic labour for primary and secondary schools. The respective lesson plans raise awareness of the issue among schoolchildren from the point of view of child workers themselves. Among other features, activity sheets enable students to lobby decision makers to protect children from abusive and exploitative conditions of child domestic work. 

The NGO Kalayaan, which support migrant domestic workers, produced a briefing on the dire impacts of tying domestic workers to their employers.

In Jamaica, where an estimated 16,000 children are involved in some form of economic activity, the Government publicly renewed its commitment to eliminate the employment of children in hazardous work, including in domestic work. The country’s Child Care and Protection Act (2003) makes it illegal to employ a child under the age of 13, while allowing children 13 to 15 years old only to do light work.

The Sierra Leonean Foundation for Democratic Initiatives and Development is calling on its Government to implement legislation and develop a concrete action plan to revise labour laws regarding child and bonded labour.

Also recognising the importance of legislation in combatting child labour is UNICEF Ghana, which in addition says that strong social welfare and justice systems would allow for prevention and accountability, respectively.

Terre des Hommes reports that in Morocco, however, the media raised concerns following the lenient sentencing by judges over the deaths of two child domestic workers who were tortured by their employers.

In Pakistan, at least 39 child domestic workers are reported to have died at the hands of their employers between 2010 and 2013, according to the NGO Society for the Protection of the Rights of the Child (SPARC). The organisation also notes that that last national child labour survey was conducted 17 years ago, raising the importance of having up-to-date figures available. 

On the same issue, Bangladesh is due to conduct a new census on child labour this year. The last survey was conducted in 2003, when an estimated 3.2 million children, aged between five to 17 years, were engaged in labour. 

Submissions to CRIN

Protecting children from harmful work, and ensuring child workers are recognised under national employment legislation, are key children's rights issues for CRIN. We strive to monitor the children's rights situation in this area across the world, but understandably not all cases receive coverage. We therefore welcome organisations to send us materials they produce on the issue of child labour in general, or child domestic work specifically. Contributions can be sent to [email protected]. 

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UPCOMING EVENTS

Business: 2013 Regional Forum on Business & Human Rights for Latin American and the Caribbean
Organisation: UN Working Group on Business & Human Rights et al. 
Date: 28-30 August 2013
Location: Medellín, Colombia
More details here. 

Abuse & neglect: 13th ISPCAN conference on child abuse & neglect
Organisation: International Society for Prevention of Child Abuse and Neglect
Date: 15-19 September 2013
Location: Dublin, Ireland
More details here. 

Sexual violence: Evidence into action
Organisation: Sexual Violence Research Initiative
Date: 14-17 October 2013
Location: Bangkok, Thailand
More details here. 

Genital autonomy: Whole bodies, whole selves - Activating social change
Organisation: Genital Autonomy et al.
Abstract submission deadline: 15 December 2012
Event date: 24-27 July 2014
Location: Colorado, United States
More details here. 

The Last Word

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