International Labour Organization
Worst Forms of Child Labour Convention, 1999
Convention concerning the Prohibition and Immediate Action for the Elimination
of the Worst Forms of Child Labour (Note: Date of coming into force: 19/11/2000)
Convention: C182
Place: Geneva
Session of the Conference: 87
Date of adoption: 17/06/1999
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.
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.
For the purposes of this Convention, the term child shall apply to all persons
under the age of 18.
For the purposes of this Convention, the term the worst forms of child labour
comprises:
- 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;
- the use, procuring or offering of a child for prostitution, for the production
of pornography or for pornographic performances;
- 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;
- 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.
- 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.
- The competent authority, after consultation with the organizations of employers
and workers concerned, shall identify where the types of work so determined
exist.
- 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.
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.
- Each Member shall design and implement programmes of action to eliminate
as a priority the worst forms of child labour.
- 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.
- 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.
- Each Member shall, taking into account the importance of education in eliminating
child labour, take effective and time-bound measures to:
- prevent the engagement of children in the worst forms of child labour;
- 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;
- ensure access to free basic education, and, wherever possible and appropriate,
vocational training, for all children removed from the worst forms of
child labour;
- identify and reach out to children at special risk; and
- take account of the special situation of girls.
- Each Member shall designate the competent authority responsible for the
implementation of the provisions giving effect to this Convention.
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.
The formal ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
- 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.
- It shall come into force 12 months after the date on which the ratifications
of two Members have been registered with the Director-General.
- Thereafter, this Convention shall come into force for any Member 12 months
after the date on which its ratification has been registered.
- 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.
- 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.
- 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.
- 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.
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.
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.
- Should the Conference adopt a new Convention revising this Convention in
whole or in part, then, unless the new Convention otherwise provides --
- 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;
- as from the date when the new revising Convention comes into force,
this Convention shall cease to be open to ratification by the Members.
- 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.
The English and French versions of the text of this Convention are equally
authoritative.
Supplemented: (R190) Complemented by the Worst Forms
of Child Labour Recommendation, 1999