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Law Approving The Convention No. 182 Of The International Labour Organization Concerning The Prohibition Of The Worst Forms Of Child Labour And Immediate Action For Their Elimination, Done At Geneva On 17 June 1999 (1) (2)

Original Language Title: Loi portant assentiment à la Convention n° 182 de l'Organisation internationale du Travail concernant l'interdiction des pires formes de travail des enfants et l'action immédiate en vue de leur élimination, faite à Genève le 17 juin 1999 (1) (2)

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12 SEPTEMBER 2001. - An Act to approve International Labour Organization Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, made in Geneva on 17 June 1999 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The International Labour Organization Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which took place in Geneva on 17 June 1999, will bring forth its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 September 2001.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Employment,
Ms. L. ONKELINX
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 27 April 2001, No. 2-731/1. - Report made on behalf of the commission, No. 2-731/2.
Annales parliamentarians. - Discussion, meeting of June 14, 2001. - Voting, meeting of 14 June 2001.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-1305/1. - Report made n° 50-1305/2. - Text adopted in plenary and subject to Royal Assent, No. 50-1305/3.
Annales parliamentarians. - Discussion, meeting of July 3, 2001. - Vote, meeting of 3 July 2001.
See also the Decree of the French Community of 25 April 2002 (Moniteur belge du .........................), the Decree of the Flemish Community/ Flemish Region of 21 December 2001 (Moniteur belge of 29 January 2002), the Decree of the German-speaking Community of 8 October 2001 (Moniteur belge of 10 November 2001) and the Order of the Joint Community Commission of the Brussels-Capital Region...

CONVENTION N° 182 CONCERNING THE PROHIBITION OF THE WORKING FORMS OF CHILDREN AND IMMEDIATE ACTION FOR THEIR ELIMINATION
The General Conference of the International Labour Organization,
Convened in Geneva by the Board of Directors of the International Labour Office, meeting on 1er June 1999, at its eighty-seventh session;
Considering the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour as a major priority of national and international action, including international cooperation and assistance, to complement the convention and recommendation concerning the minimum age for admission to employment, 1973, which remain fundamental instruments with regard to child labour;
Considering that the effective elimination of the worst forms of child labour requires immediate overall action, taking into account the importance of free basic education and the need to subtract from all these forms of work the children concerned and to ensure their rehabilitation and social integration, while taking into account the needs of their families;
Recalling the resolution on the elimination of child labour adopted by the International Labour Conference at its eighty-third session in 1996;
Recognizing that child labour is largely 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;
Recalling the Convention on the Rights of the Child, adopted on 20 November 1989 by the General Assembly of the United Nations;
Recalling the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up, adopted by the International Labour Conference at its eighty-sixth session, in 1998;
Recalling that some of the worst forms of child labour are covered by other international instruments, in particular the Convention on Forced Labour, 1930, and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956;
Having decided to adopt various proposals on child labour, which constitutes the fourth item on the agenda of the session;
After deciding that these proposals would take the form of an international convention,
Adopts, this seventeenth day of June nine hundred and ninety-nine, the following convention, to be known as the Convention on the Worst Forms of Child Labour, 1999.
Article 1er
Any Member who ratifies this Convention shall take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour and that of any urgency.
Article 2
For the purposes of this Agreement, the term "child" applies to all persons under the age of 18.
Article 3
For the purposes of this Convention, the term "the worst forms of child labour" includes:
(a) all forms of slavery or similar practices, such as the sale and trafficking of children, debt bondage and bondage, as well as forced or compulsory labour, including the forced or compulsory recruitment of children for use in armed conflicts;
(b) the use, recruitment or offer of a child for the purposes of prostitution, production of pornographic material or pornographic performances;
(c) the use, recruitment or supply of a child for illicit activities, including for the production and trafficking of narcotic drugs, as defined in the relevant international conventions;
(d) work that, by their nature or the conditions under which they are exercised, may affect the health, safety or morality of the child.
Article 4
1. The types of work referred to in Article 3 (d) shall be determined by national legislation or the competent authority, after consultation with the organizations of employers and interested workers, taking into account relevant international standards, and in particular paragraphs 3 and 4 of the recommendation on the worst forms of child labour, 1999.
2. The competent authority, after consultation with the organizations of employers and interested workers, must locate the types of work so determined.
3. The list of types of work determined in accordance with paragraph 1 of this section must be periodically reviewed and, if necessary, revised in consultation with interested employer and worker organizations.
Article 5
Any Member shall, after consultation with employers and workers' organizations, establish or designate appropriate mechanisms to monitor the application of the provisions giving effect to this Agreement.
Article 6
1. Each Member must develop and implement action programmes to prioritize the worst forms of child labour.
2. These action programmes must be developed and implemented in consultation with the relevant public institutions and employers and workers' organizations, where appropriate, taking into account the views of other interested groups.
Article 7
1. Any Member shall take all necessary measures to ensure effective implementation and compliance with the provisions giving effect to this Convention, including through the establishment and application of criminal sanctions or, where appropriate, other sanctions.
2. Any Member shall, taking into account the importance of education for the elimination of child labour, take effective measures within a specified time frame to:
(a) prevent children from engaging in the worst forms of child labour;
(b) provide for the necessary and appropriate direct assistance to remove children from the worst forms of child labour and ensure their rehabilitation and social integration;
(c) ensure access to free basic education and, where possible and appropriate, vocational training for all children who have been subtracted from the worst forms of child labour;
(d) identify children particularly at risk and contact them directly;
(e) take into account the special situation of girls.
3. Any Member shall designate the competent authority responsible for the implementation of the provisions giving effect to this Convention.
Article 8
Members must take appropriate measures to help each other to give effect to the provisions of this Convention through enhanced international cooperation and/or assistance, including through measures to support economic and social 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 and recorded by him.
ArticIe 10
1. This Convention shall be binding only on Members of the International Labour Organization whose ratification has been registered by the Director General of the International Labour Office.
2. It will enter into force twelve months after the ratifications of two Members have been registered by the Director-General.
3. Subsequently, this agreement will come into force for each Member twelve months after the date of its ratification.
Article 11
1. Any Member who has ratified this Convention may denounce it at the expiry of a period of ten years after the date of the initial entry into force of the Convention, by an act communicated to the Director General of the International Labour Office and registered to it. The denunciation will only take effect one year after being registered.
2. Any Member that has ratified this Convention that, within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the denunciation faculty provided for in this Article shall be bound for a further ten-year period and, thereafter, may denounce this Convention at the expiry of each ten-year period under the conditions set out in this Article.
Article 12
1. The Director General of the International Labour Office will notify all Members of the International Labour Organization of the registration of all ratifications and denunciation to be communicated by the Members of the Organization.
2. In notifying the Members of the Organization the registration of the second ratification that has been communicated to it, the Director-General will draw the attention of the Members of the Organization to the date on which this Agreement will enter into force.
Article 13
The Director-General of the International Labour Office will provide the Secretary-General of the United Nations, for registration, in accordance with Article 102 of the Charter of the United Nations, with full information on all ratifications and denunciations registered in accordance with the preceding articles.
Article 14
Each time it deems necessary, the Board of Directors of the International Labour Office will present to the General Conference a report on the application of this Convention and will consider whether it is necessary to include in the agenda of the Conference the question of its total or partial revision.
Article 15
1. In the event that the Conference adopts a new Convention for the full or partial revision of this Convention, and unless the new Convention otherwise provides:
(a) the ratification by a Member of the new revision convention would entail full right, notwithstanding Article 11 above, immediate denunciation of this Convention, subject to the entry into force of the new revision convention;
(b) from the date of the entry into force of the new revision convention, this Convention would cease to be open to the ratification of Members.
2. This Convention would in any case remain in force in its form and content for those Members who have ratified it and who would not ratify the Review Convention.
Article 16
The English and French versions of the text of this Convention are equally authentic.
The above text is the authentic text of the Convention unanimously adopted by the General Conference of the International Labour Organization in its eighty-seventh session, held in Geneva, and declared closed on 17 June 1999.
IN WITNESS WHEREOF their signatures, this eighteenth day of June 1999:
The President of the Conference,
ALHAJI MUHAMMAD MUMUNI
Director General of the International Labour Office,
JUAN SOMAVIA

International Labour Organization Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, held in Geneva on 17 June 1999
LIST OF LIES
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