Child labour refers to the full-time employment of children under a minimum legal age. [1] In 2003, an International Labour Organization (ILO) survey reported that one in every ten children in the capital above the age of seven was engaged in child domestic labour. [1] Children who are too young to work in the fields work as scavengers. [2] They spend their days rummaging in dumps looking for items that can be sold for money. [2] Children also often work in the garment and textile industry, in prostitution, and in the military. [3] [4] [5]
In Cambodia, the state had ratified both the Minimum Age Convention (C138) [6] in 1999 and Worst Forms of Child Labour Convention (C182) in 2006, which are adopted by the International Labour Organization (ILO). For the former convention, Cambodia had specified the minimum age to work to be at age 14. [7] Yet, significant levels of child labour appear to be found in Cambodia. [8]
In 1998, ILO estimated that 24.1% of children in Cambodia aged between 10 and 14 were economically active. [8] Many of these children work long hours and Cambodia Human Development Report 2000 reported that approximately 65,000 children between the ages of 5 and 13 worked 25 hours a week and did not attend school. [9] There are also many initiative and policies put in place to decrease the prevalence of child labour such as the United States generalized system of preferences, the U.S.-Cambodia textile agreement, ILO Garment Sector Working Conditions Improvement Project, and ChildWise Tourism. [3] [10]
There is a need to eliminate child labour in Cambodia as a report by UNICEF states that child labourers could be missing out on education. [11] When children do not attend school, they are denied the knowledge and skills needed for national development. [11] Without education and vital life skills, they are vulnerable to abuse and exploitation, which may exacerbate the existing cycle of poverty in their families. [12] Consequently, this lack in productivity due to lack of education will hold back economic growth in Cambodia. [12]
The International Labour Organization (ILO) defines child labour as work that deprives them of their childhood, potential, and dignity. [13] They also define it as work that is harmful to their physical and mental health. [13] This includes work that disrupts their schooling, but does not include work such as working in the home or in a family business. [13] They define the worst forms of child labour as work that involves slavery, conscription for the military, prostitution, trafficking of drugs, and any work that is harmful to the health and safety of the children. [13] UNICEF defines child labour as children between 5 and 14 years old who do domestic work and economic activity. [14]
The ILO created the “Minimum Age Convention”, which was ratified by Cambodia in 1999. [15] The purpose of this convention was to determine the minimum age permissible for employment, with the larger goal of eradicating child labour. [15] They define the minimum age of employment at fifteen years old, except in countries with poorly developed economies and educational facilities. [15] In such countries the minimum age of employment is fourteen years old. [15] For work that harms a child's health, safety, or morals, the minimum age is eighteen years old. [15]
The ILO created the “Worst Forms of Child Labour Convention”, which was ratified by Cambodia in 2006. [16] The purpose of this convention was to prohibit and eliminate the worst forms of child labour, with children being people under the age of 18. [16] This convention required all members to create programs to eliminate child labour, monitor these programs, and provide education to the children removed from the worst forms of child labour. [16] They also require that each country recognize that girls and boys have different experiences with child labour. [16]
In a study by Edmonds in 2001, 73% of economically active Cambodian children worked in the agricultural sector. [17] The United States Department of Labour reported some of the tasks the children have to do in the agricultural sector. [18] These include fishing, peeling shrimp, shucking crabs, producing tobacco, spraying pesticides, and logging for timber. [18] The Bureau of International Labour Affairs reports that as of 2015 Cambodia's Ministry of Labour and Vocational Training has regulations for children working the agricultural industry, but has not begun enforcing them. [19]
Two-thirds of Cambodia's workforce is in the garment industry. [3] In the 1990s Cambodia was not a member of the World Trade Organization (WTO), therefore it was not subject to quota limits on exports. [3] This led to an increase in foreign investment in Cambodia's garment industry. [3] In 1998, the media exposed a Nike supply factory utilizing child labour. [3] This led to the creation of the U.S-Cambodia Textile Agreement. [3] Even with this policy there is still evidence of child labour in the Cambodian garment sector as of 2004. [3]
Prostitution of any kind is prohibited in Cambodia, but is tolerated. [4] Cambodian children are often prostituted in the sex tourism industry. [4] In a study by Willis, there were 5950 children involved in prostitution in Cambodia in 1999. [20] Young virgin girls are especially sought after, and some men have justified this by saying that it is the best way to avoid contracting AIDS. [4] Prostitution has significant effects on the mental health and physical health of children. [20] In a study in Cambodia, all the women and girls in the study had been "victimised and felt helpless, damaged, degraded, betrayed, and shamed. Many of the young women reported depression, hopelessness, inability to sleep, nightmares, poor appetite, and a sense of resignation". [20] In the same study Willis found that prostituted children have higher rates of sexually transmitted diseases (STDs) than non-prostituted children in many countries. [20] The STD rate of prostituted adolescents in Cambodia is 36% while the STD rate of adolescents worldwide is 5%. [20] Child prostitutes also have higher STD rates than adult prostitutes because they have less power to ask for condoms. [20] The United Nations conducted field visits in Cambodia and found that "60 to 70 per cent of the child victims of prostitution are HIV positive". [5] Children from other countries such as Vietnam are also being trafficked to become prostitutes in Cambodia. [4] In fact, a study by Hughes reported that "one-third of the 55,000 women in prostitution in Cambodia were under age 18 and most were Vietnamese". [4] Many studies have found that as of 1995, there are still numerous prostitutes in Cambodia under the age of eighteen. [4] The sexual exploitation of children has increased due to the commercialization of the internet because it offered privacy and had few regulations. [4]
Children get conscripted by the military due to being bystanders and targets of conflict. [5] Armed conflict poses serious threats to the health and safety of children. [5] The United Nations has reported that children have been seen playing with landmines and unexploded ordnance. [5] The study by the UN also found that forty-three percent of mine explosion victims in military hospitals were conscripted when they were between ten and sixteen years old. [5] The health effects of such mine explosions are extremely severe, especially for children. [5] The UN study reported that twenty percent of children involved in mine and unexploded ordnance die due to their injuries. [5] The children who survive often receive amputations and suffer complications from these amputations, which can also lead to financial disaster for the family. [5]
It is believed that Cambodia's economic growth and progress is a contributing factor to the increasing number of child labourers. [1] The huge demands of the construction industry is one example where it has pushed children to work in factories or brick kilns, foreclosing the option of school education for most of them. [1]
Others spend their days in the streets peddling. Tourists play a key role in this form of child labour as many are willing to buy from these children, out of good intentions, escalating demands. [21] This reinforces the notion that children are more valuable in the streets than at school. [21] However, there are also arguments that it might be better to buy from child sellers or they might be forced to work in even more hazardous activities. [21]
Children are often sought from impoverished areas are often brought to entertainment and tourism areas, to work in the red light district. [10] Most of these prostitutes start their job between ten and sixteen years old. [22] When interviewed, child sex tourists report that they prefer to have sex with virgins because it is safer. [22] Sex tourists go to Cambodia because the brothels are cheap and the price of a virgin in Cambodia is much lower than those in nearby countries and the United States. [22] Child sex tourism is a violation of the UN Convention of the Rights of a Child, and of the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. [10]
Child labour was mutually reinforced by poverty and underdevelopment; however, they are not the primary causes. [23] A study by Kim reports that wealth and child labour are actually positively associated, because wealthy families have assets like land. [23] They say that this finding poses problems for policy makers because a majority of them believe that all children who work are poor. [23] Since policy makers in Cambodia believe that poverty is the major cause of child labour they focus their efforts on reducing poverty rather than targeting child labour directly. [23] Kim's study finds that poverty and child labour are not as closely linked as was previously thought, which would mean that the efforts of the policy makers are not as effective as possible. [23]
A common ramification of child labour is denied access to basic services, namely education and healthcare. The Children's Rights Department of the Cambodian League for Promotion and Defense of Human Rights (LICADHO) survey showed that out of 400 children aged 5 to 17 who worked as garbage dump scavengers only 35% went to school. [24]
The economic and societal impacts are far reaching, hence raising awareness and efforts to prohibit child labour are important.
In 2005, Cambodia had a very high primary school enrollment rate of 95.1 percent, but the primary school completion rate was only 46.8 percent. [23] Secondary school completion was even lower with a rate of 25.7 percent. [23] At the same time 52 percent of 7- to 14-year-old children were economically active. [23] A study by Kim (2011) reports that most employed children in Cambodia are enrolled in school but their employment is associated with late school entry, negative impacts on their learning outcomes, and increased drop out rates. [23] These associations are stronger with girls. [23] Boys tend to be more involved in economic activities, but girls tend to have lower school enrollment rates. [23] Currently, there are no educational policies to address the significant impact that child labour has on educational outcomes in Cambodia. [23] Child labour has short term positive economic effects because the children are bringing in more money for their families, but the long-term economic effects are negative due to the lack of schooling. [25]
One of the definitions of child labour by the ILO is work that negatively impacts a child's health. [13] Child labourers have been found to suffer from health problems. [21] For instance, carrying excessive loads may cause stunt development. [21] There is the possibility of child scavengers made injured by sharp, contaminated objects or moving traffic. [21] Other problems include long hours of work, respiratory and skin diseases, life-threatening tetanus, joint and bone deformities. [21]
A study by Roggero found that child labour negatively affects the health of the children and that child labour was a significant predictor of undernourishment. [25] They also found that in regions with a high prevalence of child labour, childhood morbidity associated with HIV/AIDS, non-HIV infectious diseases, and malaria was largely correlated with child labour. [25] They concluded these results by saying that they suggest that countries with high levels of child labour have low health status. [25]
A study by Miwa Kana in 2010 found that child labour actually improved the health and nutritional status when the number of hours is within a threshold level. [26] The same study found that the oldest children in the study who worked the longest hours still worked below this threshold. [26] Note that in this study took place in the rice-growing area of Cambodia and that the extent of child labour differs in different agro-ecological conditions and economic conditions. [26]
The Cambodian government is working together with NGOs and UN agencies to tackle the problem of child labour. One of the major donors is the U.S. Department of Labour. Since 2001, the department has funded ILO's International Program on the Elimination of Child Labour to provide education and other services to children engaged, or are at risk of engaging in exploitive labour. [12]
There has been some progress in Cambodia. In 2008 there were 2000 children working in the salt industry in the Kampot province. By 2010 it has decreased to around 250 children. [27]
However, Cambodia has been attributed 11 goods, all of them being produced by child labor, in the 2014 U.S. Department of Labor report on such working conditions around the world. [28]
The United States Generalized System of Preferences (GSP) gives countries greater access to the United States market if they attempt to give adequate rights to workers. [3] The countries have to ensure the freedom of association, the right to organize and bargain collectively, and the prohibition of forced and child labor. [3] The U.S. does suspend GSP provisions when labour rights are violated, but often fails to do so when the country involved is a major partner in U.S. trade. [3] Lithium
The U.S.-Cambodia Textile Agreement (UCTA) was created as a better alternative to the Generalized System of Preferences. [3] The goal of the UCTA was to increase the garment export quotas by rewarding better working conditions. [3] It was a non-state centered model, which allowed for better enforcement of the regulations. [3] It enforced labour standards in areas such as child labor, forced labor, sexual harassment, hours of work, minimum wages, and freedom of association. [3] This trade agreement was unique because it provided market rewards rather than punishments and because the International Labour Organization (ILO) was in charge of monitoring the labour standards. [3]
The goals of the project included maintaining an independent monitoring system, creating new laws to improve working conditions, increasing worker and employer awareness of labour laws and rights, and increasing government capacity to comply with national and international labour standards. [3] Monitoring by the ILO has provided much more legitimacy than private monitoring by transnational firms and non-governmental organizations tied to transnational firms. [3] The ILO's monitoring system is characterized by tripartite and consensus governance by employers, unions, and governments. [3] It is more legitimate than private monitoring because it has no connection to the firms. [3] The ILO monitoring system focuses on enforcing Cambodia's labor laws and ILO conventions that Cambodia has ratified. [3]
ChildWise Tourism was developed in 1999 and it aims to inform tourism staff on how to identify and respond to situations of potential child sexual exploitation. [10] It involves training modules and educational materials for travel and tourism students, educators, and the tourism industry. [10] The training sessions take place in Thailand, Indonesia, Cambodia, Philippines, Lao PDR, Vietnam, and Myanmar. [10]
The economy of Cambodia currently follows an open market system and has seen rapid economic progress in the last decade. Cambodia had a gross domestic product (GDP) of $28.54 billion in 2022. Per capita income, although rapidly increasing, is low compared with most neighboring countries. Cambodia's two largest industries are textiles and tourism, while agricultural activities remain the main source of income for many Cambodians living in rural areas. The service sector is heavily concentrated on trading activities and catering-related services. Recently, Cambodia has reported that oil and natural gas reserves have been found off-shore.
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the first and oldest specialized agencies of the UN. The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands. It is headquartered in Geneva, Switzerland, with around 40 field offices around the world, and employs some 3,381 staff across 107 nations, of whom 1,698 work in technical cooperation programmes and projects.
Child labour is the exploitation of children through any form of work that interferes with their ability to attend regular school, or is mentally, physically, socially and morally harmful. Such exploitation is prohibited by legislation worldwide, although these laws do not consider all work by children as child labour; exceptions include work by child artists, family duties, supervised training, and some forms of work undertaken by Amish children, as well as by Indigenous children in the Americas.
Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child prostitution is illegal as part of general prohibition on prostitution.
Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in the relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.
The Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, known in short as the Worst Forms of Child Labour Convention, was adopted by the International Labour Organization (ILO) in 1999 as ILO Convention No 182. It is one of eight ILO fundamental conventions.
The ILO Convention Concerning Minimum Age for Admission to Employment C138, is a convention adopted in 1973 by the International Labour Organization. It requires ratifying states to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work. It is one of eight ILO fundamental conventions. Convention C138 replaces several similar ILO conventions in specific fields of labour.
Child labour in Botswana is defined as the exploitation of children through any form of work which is harmful to their physical, mental, social and moral development. Child labour in Botswana is characterised by the type of forced work at an associated age, as a result of reasons such as poverty and household-resource allocations. Child labour in Botswana is not of higher percentage according to studies. The United States Department of Labor states that due to the gaps in the national frameworks, scarce economy, and lack of initiatives, “children in Botswana engage in the worst forms of child labour”. The International Labour Organization is a body of the United Nations which engages to develop labour policies and promote social justice issues. The International Labour Organization (ILO) in convention 138 states the minimum required age for employment to act as the method for "effective abolition of child labour" through establishing minimum age requirements and policies for countries when ratified. Botswana ratified the Minimum Age Convention in 1995, establishing a national policy allowing children at least fourteen-years old to work in specified conditions. Botswana further ratified the ILO's Worst Forms of Child Labour Convention, convention 182, in 2000.
Child labour in Eswatini is a controversial issue that affects a large portion of the country's population. Child labour is often seen as a human rights concern because it is "work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development," as defined by the International Labour Organization (ILO). Additionally, child labour is harmful in that it restricts a child's ability to attend school or receive an education. The ILO recognizes that not all forms of children working are harmful, but this article will focus on the type of child labour that is generally accepted as harmful to the child involved.
Child labour in Namibia is not always reported. This involved cases of child prostitution as well as voluntary and forced agricultural labour, cattle herding and vending.
Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.
Child labour in Bangladesh is significant, with 4.7 million children aged 5 to 14 in the work force in 2002-03. Out of the child labourers engaged in the work force, 83% are employed in rural areas and 17% are employed in urban areas. Child labour can be found in agriculture, poultry breeding, fish processing, the garment sector and the leather industry, as well as in shoe production. Children are involved in jute processing, the production of candles, soap and furniture. They work in the salt industry, the production of asbestos, bitumen, tiles and ship breaking.
Thailand is a centre for child sex tourism and child prostitution. Even though domestic and international authorities work to protect children from sexual abuse, the problem still persists in Thailand and many other Southeast Asian countries. Child prostitution, like other forms of child sexual abuse, not only causes death and high morbidity rates in millions of children but also violates their rights and dignity.
Child labour in Africa is generally defined based on two factors: type of work and minimum appropriate age of the work. If a child is involved in an activity that is harmful to his/her physical and mental development, he/she is generally considered as a child labourer. That is, any work that is mentally, physically, socially or morally dangerous and harmful to children, and interferes with their schooling by depriving them of the opportunity to attend school or requiring them to attempt to combine school attendance with excessively long and heavy work. Appropriate minimum age for each work depends on the effects of the work on the physical health and mental development of children. ILO Convention No. 138 suggests the following minimum age for admission to employment under which, if a child works, he/she is considered as a child laborer: 18 years old for hazardous works, and 13–15 years old for light works, although 12–14 years old may be permitted for light works under strict conditions in very poor countries. Another definition proposed by ILO's Statistical Information and Monitoring Program on Child Labor (SIMPOC) defines a child as a child labourer if he/she is involved in an economic activity, and is under 12 years old and works one or more hours per week, or is 14 years old or under and works at least 14 hours per week, or is 14 years old or under and works at least one hour per week in activities that are hazardous, or is 17 or under and works in an "unconditional worst form of child labor".
Child labor in the Philippines is the employment of children in hazardous occupations below the age of fifteen (15), or without the proper conditions and requirements below the age of fifteen (15), where children are compelled to work on a regular basis to earn a living for themselves and their families, and as a result are disadvantaged educationally and socially. So to make it short, it is called child labor when it is forced.
International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating Work and the workplace. The International Labour Organization and the World Trade Organization have been the main international bodies involved in reforming labour markets. The International Monetary Fund and the World Bank have indirectly driven changes in labour policy by demanding structural adjustment conditions for receiving loans or grants. Issues regarding Conflict of laws arise, determined by national courts, when people work in more than one country, and supra-national bodies, particularly in the law of the European Union, have a growing body of rules regarding labour rights.
Human trafficking in Southeast Asia has long been a problem for the area and is still prevalent today. It has been observed that as economies continue to grow, the demand for labor is at an all-time high in the industrial sector and the sex tourism sector. A mix of impoverished individuals and the desire for more wealth creates an environment for human traffickers to benefit in the Southeast Asia region. Many nations within the region have taken preventive measures to end human trafficking within their borders and punish traffickers operating there.
Child labour laws are statutes placing restrictions and regulations on the work of minors.
Child labor in Bolivia is a widespread phenomenon. A 2014 document on the worst forms of child labor released by the U.S. Department of Labor estimated that approximately 20.2% of children between the ages of 7 and 14, or 388,541 children make up the labor force in Bolivia. Indigenous children are more likely to be engaged in labor than children who reside in urban areas. The activities of child laborers are diverse, however the majority of child laborers are involved in agricultural labor, and this activity varies between urban and rural areas. Bolivia has ratified the United Nations Convention on the Rights of the Child in 1990. Bolivia has also ratified the International Labour Organization’s Minimum Age Convention, 1973 (138) and the ILO’s worst forms of child labor convention (182). In July 2014, the Bolivian government passed the new child and adolescent code, which lowered the minimum working age to ten years old given certain working conditions The new code stipulates that children between the ages of ten and twelve can legally work given they are self-employed while children between 12 and 14 may work as contracted laborers as long as their work does not interfere with their education and they work under parental supervision.
Child labor, the practice of employing children under the legal age set by a government, is considered one of Brazil's most significant social issues. According to data from the Brazilian Institute of Geography and Statistics (IBGE), more than 2.7 million minors between the ages of 5 and 17 worked in the country in 2015; 79,000 were between the ages of 5 and 9. Under Brazilian law, 16 is the minimum age to enter the labor market and 14 is the minimum age to work as an apprentice.
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