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13045 Multilateral - Labor Convention (No. 182) Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13045

 

 

LABOR

 

 

 

 

Convention Between the
UNITED STATES OF AMERICA
and OTHER GOVERNMENTS

 

Adopted at Geneva June 17, 1999

 

 

 

 



NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”


 

 

 

 


MULTILATERAL

Labor

Convention adopted at the 87th session of the General Conference
of the International Labor Organization, Geneva, June 17, 1999;
Transmitted by the President of the United States of America
to the Senate August 5, 1999 (Treaty Doc. 106-5,
106th Congress, 1st Session);
Reported favorably by the Senate Committee on Foreign Relations
November 3, 1999 (Senate Executive Report No. 106-12,
106th Congress, 1st Session);
Advice and consent to ratification by the Senate
November 5, 1999;
Ratified by the President December 2, 1999;
Instrument of Ratification deposited December 2, 1999;
Entered into force December 2, 2000.

International Labour Conference
Conference internationale du Travail
CONVENTION 182
CONVENTION CONCERNING THE PROHIBITION
AND IMMEDIATE ACTION FOR THE ELIMINATION
OF THE WORST FORMS OF CHILD LABOUR
ADOPTED BY THE CONFERENCE AT
ITS EIGHTY-SEVENTH SESSION,
GENEVA, 17 JUNE 1999
CONVENTION 182
CONVENTION CONCERNANT L'INTERDICTION
DES PIRES FORMES DE TRAVAIL DES ENFANTS
ET L'ACTION IMMEDIATE EN VUE DE LEUR ELIMINATION
ADOPTEE PAR LA CONFERENCE
A SA QUATRE-VINGT-SEPTIEME SESSION,
GENEVE, 17 JUIN 1999
AUTHENTIC TEXT
TEXTE AUTHENTIQUE
Convention 182
CONVENTION CONCERNING THE PROHIBITION
AND IMMEDIATE ACTION FOR THE ELIMINATION OF
THE WORST FORMS OF CHILD LABOUR
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:
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(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.
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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.
4
The foregoing is the authentic text of the Convention unanimously adopted by
the General Conference of the International Labour Organization during its
Eighty-seventh Session which was held at Geneva and declared closed on
17 June 1999.
IN FAITH WHEREOF we have appended our signatures this eighteenth day
of June 1999.
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The text of the Convention as here presented is a
true copy of the text authenticated by the signatures of
the President of the International Labour Conference
and of the Director-General of the International
Labour Office.
Le texte de la convention presente ici est une copie
exacte du texte authentique par les signatures du
President de la Conference internationale du Travail et
du Directeur general du Bureau international du
Travail.
Certified true and complete copy,
Copie certifiée conforme et complete,
For the Director-General of the International Labour Office:
Pour le Directeur general du Bureau international du Travail:
Anthony G. Freeman
Director
International Labor Office
Washington Branch

 

 

 

 



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