Convention concerning Forced or Compulsory Labour | |
---|---|
Signed | 28 June 1930 |
Effective | 1 May 1932 |
Condition | 2 ratifications |
Parties | 181 [1] |
Depositary | Director-General of the International Labour Office |
Languages | French and English |
The Forced Labour Convention, the full title of which is the Convention Concerning Forced or Compulsory Labour, 1930 (No.29), is one of eight ILO fundamental conventions [2] of the International Labour Organization. Its object and purpose is to suppress the use of forced labour in all its forms irrespective of the nature of the work or the sector of activity in which it may be performed. The Convention defines forced labour as "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily", with few exceptions like compulsory military service. [3]
The convention was adopted in Geneva 28 June 1930 and came into force on 1 May 1932. By the end of 1932 ten countries had ratified the convention (Japan, Bulgaria, Spain, Norway, Denmark, Australia, Sweden, United Kingdom, Liberia, and Ireland). Austria in 1960, Luxembourg in 1964 and Malta in 1965 were the last Western European countries to ratify the convention. Canada ratified it in 2011 and as of 2022, the United States has not ratified it. [4]
The convention was supplemented by the Abolition of Forced Labour Convention which canceled a number of exceptions to abolition in the 1930 Convention, such as punishment for strikes and as a punishment for holding certain political views.
Article 2 of the Convention excepts from the term forced or compulsory labour the following:
As of July 2023, the convention has been ratified 181 of the 187 ILO members. [1] The ILO members that have not ratified the convention are: [5]
UN member states which are not members of the ILO are Andorra, Bhutan, Liechtenstein, Micronesia, Monaco, Nauru, and North Korea; these states are not eligible to ratify the Convention unless they first join the ILO.
In 2014, a protocol was adopted by the International Labour Conference: P29, Protocol of 2014 to the Forced Labour Convention, 1930. The Protocol was adopted with 437 votes in favour, 8 against and 27 abstentions (there are 3 votes per member state: one for the government, one for employees, and one for employers). The Government of Thailand was the only state to vote against adoption, [6] [7] though it reversed its position a few days later. [8] The protocol obligates states parties to provide protection and appropriate remedies, including compensation, to victims of forced labour and to sanction the perpetrators of forced labour. It also obligates states parties to develop "a national policy and plan of action for the effective and sustained suppression of forced or compulsory labour".
On 14 May 2015, Niger became the first state to ratify the 2014 Protocol. As of November 2016, it has been ratified by nine states: Argentina, Czech Republic, France, Mali, Mauritania, Niger, Norway, Panama, and the United Kingdom. The Protocol entered into force on 9 November 2016. [9]
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.
The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.
Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, or violence, including death or other forms of extreme hardship to either themselves or members of their families.
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 Freedom of Association and Protection of the Right to Organise Convention (1948) No 87 is an International Labour Organization Convention, and one of eight conventions that form the core of international labour law, as interpreted by the Declaration on Fundamental Principles and Rights at Work.
The Labour Inspection Convention, 1947 , also referred to as ILO Convention no. 81 or C081, is a governance convention adopted by the International Labour Organization on July 11, 1947. It entered into force on April 7, 1950 and has been ratified by 148 of the 186 ILO member states as of 2021. The convention sets out principles concerning the organization, functions, and operation of labour inspection systems to ensure enforcement of national laws related to working conditions and worker protections in the commercial and industrial sectors. A Protocol adopted in 1995 expands the coverage of Convention No. 81 to non-commercial or industrial sectors.
Abolition of Forced Labour Convention, 1957, the full title of which is Convention concerning the Abolition of Forced Labour, 1957, is one of the eight ILO fundamental conventions of the International Labour Organization, which cancels certain forms of forced labour still allowed under the Forced Labour Convention of 1930, such as punishment for strikes and as a punishment for holding certain political views.
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.
Work in Fishing Convention (2007) C 188, was adopted at the 96th International Labour Conference (ILC) of the International Labour Organization ILO in 2007. The objectives of the Convention is to ensure that fishers have decent conditions of work on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection; medical care and social security. It applies to all fishers and fishing vessels engaged in commercial fishing operations. It supersedes the old Conventions relating to fishermen.
Article 4 of the European Convention on Human Rights prohibits slavery and forced labour. Conscription, national service, prison labour, service exacted in cases of emergency or calamity, and "normal civic obligations" are excepted from these definitions.
Article 4 – Prohibition of slavery and forced labour
Civil conscription is the obligation of civilians to perform mandatory labour for the government. This kind of work has to correspond with the exceptions in international agreements, otherwise it could fall under the category of unfree labour. There are two basic kinds of civil conscriptions. On the one hand, a compulsory service can be ordered on a temporary basis during wartimes and other times of emergency, like severe economic crisis or extraordinary natural events to provide basic services to the population. These include, but are not limited to, medical care, food supplies, defense industry supplies or cleanup efforts, following a severe weather or environmental disaster for the duration of the emergency. Therefore, it generally makes striking illegal for the duration of the civil mobilization. On the other hand, a revolving mandatory service may be required for a longer period of time, for example, to ensure community fire protection or to carry out infrastructure work at a local or community level.
Conscription in South Korea has existed since 1957 and requires male citizens between the ages of 18 and 35 to perform compulsory military service. Women are not required to perform military service, but they may voluntarily join the military.
The Maritime Labour Convention (MLC) is an International Labour Organization (ILO) convention, number 186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions". The other pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the harbours of parties to the treaty (port states), as well as to all ships flying the flag of state party (flag states, as of 2021: over 97 per cent).
Child labour refers to the full-time employment of children under a minimum legal age. 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. Children who are too young to work in the fields work as scavengers. They spend their days rummaging in dumps looking for items that can be sold for money. Children also often work in the garment and textile industry, in prostitution, and in the military.
The Declaration on Fundamental Principles and Rights at Work was adopted in 1998, at the 86th International Labour Conference and amended at the 110th Session (2022). It is a statement made by the International Labour Organization "that all Members, even if they have not ratified the Conventions in question, have an obligation arising from the very fact of membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions".
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.
A compulsory fire service is a mandatory service for the local fire departments in Switzerland in general and in Austria and Germany in exceptional cases as well. Private individuals can be compelled to participate in such a fire service in specific circumstances. In Singapore conscripts are deployed as fire fighters when serving in the Singapore Civil Defence Force (SCDF).
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