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RS 0.822.728.2 Convention no 182 of 17 June 1999 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

Original Language Title: RS 0.822.728.2 Convention no 182 du 17 juin 1999 concernant l’interdiction des pires formes de travail des enfants et l’action immédiate en vue de leur élimination

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0.822.728.2

Original text

Convention n O 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

Concluded at Geneva on 17 June 1999
Approved by the Federal Assembly on March 9, 2000 1
Instrument of ratification deposited by Switzerland on 28 June 2000
Entry into force for Switzerland on 28 June 2001

(State on 10 January 2013)

The General Conference of the International Labour Organization,

Convened in Geneva by the Governing Council of the International Labour Office, meeting 1 Er June 1999, at its eighty-seventh session,

Taking into account the need for new instruments to prohibit and eliminate the worst forms of child labour as a major priority of national and international action, including cooperation and assistance To complement the Convention 2 And the Recommendation on the Minimum Age for Admission to Employment, 1973, which remain fundamental instruments with regard to child labour,

Whereas the effective elimination of the worst forms of child labour requires immediate action, taking into account the importance of free basic education and the need to subtract from all these forms of work Children concerned and 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 driven by poverty and that the long-term solution lies in sustained economic growth leading to social progress, in particular poverty alleviation and poverty reduction. Universal education,

Recalling the Convention on the Rights of the Child 3 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 Monitoring, 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 4 , 1930, and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery 5 , 1956,

After deciding to adopt various proposals on child labour, which is the fourth item on the agenda of the session,

After deciding that these proposals would take the form of an international convention,

Adopted on this seventeenth day of June one thousand nine hundred and ninety-nine, the following Convention, which will be called the Convention on the Worst Forms of Work of the N Fants, 1999.

Art. 1

Any Member ratifying this Convention must take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour, as a matter of urgency.

Art. 2

For the purposes of this Convention, the term "child" applies to all persons under 18 years of age.

Art. 3

For the purposes of this Convention, the expression " the worst forms of child labour shall include:

(a)
All forms of slavery or similar practices, such as the sale and trafficking of children, debt bondage and servitude, as well as forced or compulsory labour, including forced or compulsory recruitment of children Use in armed conflicts;
(b)
The use, recruitment or supply of a child for the purpose of prostitution, the production of pornographic material or pornographic performances;
(c)
The use, recruitment or supply of a child for the purpose of illicit activities, in particular for the production and trafficking of narcotic drugs, as defined in relevant international conventions;
(d)
Work which, by their nature or the conditions under which they are exercised, is likely to affect the health, safety or morals of the child.
Art. 4

1. Types of work referred to in s. 3 (d) shall be determined by national legislation or the competent authority, after consultation with employers'and workers' organisations, taking into account relevant international standards, and in particular And s. 3 and 4 of Recommendation on the Worst Forms of Child Labour, 1999.

2. The competent authority, after consultation with employers'and workers' organisations, shall locate the types of work thus determined.

3. The list of work types determined in accordance with subs. 1 of this article shall be periodically reviewed and, if necessary, revised in consultation with employers'and workers' organizations.

Art. 5

Any Member shall, after consulting employers'and workers' organisations, establish or designate appropriate mechanisms for monitoring the implementation of the provisions giving effect to this Convention.

Art. 6

Every Member shall develop and implement programmes of action with a view to prioritise the elimination of the worst forms of child labour.

2. These action programmes should be developed and implemented in consultation with the relevant public institutions and employers'and workers' organisations, where appropriate taking into account the views of other groups Interested.

Art. 7

1. Any Member shall take all necessary measures to ensure the effective implementation and compliance with the provisions giving effect to this Convention, including the establishment and application of criminal sanctions or, Other sanctions.

2. Every Member shall, taking into account the importance of education for the elimination of child labour, take effective measures within a specified period of time for:

(a)
To prevent children from being involved 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 to ensure their rehabilitation and social integration;
(c)
Ensuring access to free basic education and, where possible and appropriate, vocational training for all children who have been excluded from the worst forms of child labour;
(d)
Identify and direct contact with children who are particularly vulnerable to risks;
(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.

Art. 8

Members shall take appropriate measures to assist each other in order to give effect to the provisions of this Convention through enhanced cooperation and/or international assistance, including through measures to support development Social, economic and social, poverty eradication programmes and universal education.

Art.

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

Art. 10

(1) This Convention shall bind only the Members of the International Labour Organization whose ratification has been registered by the Director General of the International Labour Office.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

Art. 11

1. Any Member having ratified this Convention may denounce it at the expiration 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 by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a further period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

Art. 12

The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and all acts of denunciation communicated to it by Members of the International Labour Organization. The Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

Art. 13

The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the Charter of the United Nations of 26 June 1945 1 , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.


Art. 14

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the implementation of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

Art. 15

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise:

(a)
Ratification by a Member of the new revision agreement would automatically entail, notwithstanding s. 11 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into force;
(b)
From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

Art. 16 Scope of application January 10, 2013 Communication

The English and French versions of the text of this Convention shall be equally authentic.

Scope of application January 10, 2013 6

States Parties

Ratification Statement of Succession (S)

Entry into force

Afghanistan

7 April

2010

7 April

2011

South Africa

7 June

2000

7 June

2001

Albania

2 August

2001

2 August

2002

Algeria

February 9

2001

February 9

2002

Germany

18 April

2002

18 April

2003

Angola

13 June

2001

13 June

2002

Antigua and Barbuda

16 September

2002

16 September

2003

Saudi Arabia

8 October

2001

8 October

2002

Argentina

5 February

2001

5 February

2002

Armenia

2 January

2006

2 January

2007

Australia

19 December

2006

19 December

2007

Austria

4 December

2001

4 December

2002

Azerbaijan

30 March

2004

30 March

2005

Bahamas

14 June

2001

14 June

2002

Bahrain

23 March

2001

23 March

2002

Bangladesh

12 March

2001

12 March

2002

Barbados

23 October

2000

23 October

2001

Belarus

October 31

2000

October 31

2001

Belgium

8 May

2002

8 May

2003

Belize

6 March

2000

6 March

2001

Benin

6 November

2001

6 November

2002

Bolivia

6 June

2003

6 June

2004

Bosnia and Herzegovina

5 October

2001

5 October

2002

Botswana

3 January

2000

3 January

2001

Brazil

2 February

2000

2 February

2001

Brunei

9 June

2008

9 June

2009

Bulgaria

28 July

2000

28 July

2001

Burkina Faso

July 25

2001

July 25

2002

Burundi

11 June

2002

11 June

2003

Cambodia

March 14

2006

March 14

2007

Cameroon

5 June

2002

5 June

2003

Canada

6 June

2000

6 June

2001

Cape Verde

23 October

2001

23 October

2002

Chile

17 July

2000

17 July

2001

China

8 August

2002

8 August

2003

Cyprus

27 November

2000

27 November

2001

Colombia

28 January

2005

28 January

2006

Comoros

March 17

2004

March 17

2005

Congo (Brazzaville)

29 April

2002

29 April

2003

Congo, Kinshasa

20 June

2001

20 June

2002

Korea (South)

March 29

2001

March 29

2002

Costa Rica

10 September

2001

10 September

2002

Côte d' Ivoire

7 February

2003

7 February

2004

Croatia

17 July

2001

17 July

2002

Denmark A

August 14

2000

August 14

2001

Djibouti

28 February

2005

28 February

2006

Dominica

4 January

2001

4 January

2002

Egypt

6 May

2002

6 May

2003

El Salvador

12 October

2000

12 October

2001

United Arab Emirates

28 June

2001

28 June

2002

Ecuador

19 September

2000

19 September

2001

Spain

2 April

2001

2 April

2002

Estonia

24 September

2001

24 September

2002

United States *

2 December

1999

2 December

2000

Ethiopia

2 September

2003

2 September

2004

Fiji

April 17

2002

April 17

2003

Finland

17 January

2000

17 January

2001

France

11 September

2001

11 September

2002

Gabon

28 March

2001

28 March

2002

Gambia

3 July

2001

3 July

2002

Georgia

24 July

2002

24 July

2003

Ghana

13 June

2000

13 June

2001

Greece

6 November

2001

6 November

2002

Grenada

14 May

2003

14 May

2004

Guatemala

11 October

2001

11 October

2002

Guinea

6 June

2003

6 June

2004

Equatorial Guinea

13 August

2001

13 August

2002

Guinea-Bissau

26 August

2008

26 August

2009

Guyana

15 January

2001

15 January

2002

Haiti

19 July

2007

19 July

2008

Honduras

25 October

2001

25 October

2002

Hungary

20 April

2000

20 April

2001

Indonesia

28 March

2000

28 March

2001

Iran

8 May

2002

8 May

2003

Iraq

July 9

2001

July 9

2002

Ireland

20 December

1999

20 December

2000

Iceland

29 May

2000

29 May

2001

Israel

15 March

2005

15 March

2006

Italy

7 June

2000

7 June

2001

Jamaica

13 October

2003

13 October

2005

Japan

18 June

2001

18 June

2002

Jordan

20 April

2000

20 April

2001

Kazakhstan

26 February

2003

26 February

2004

Kenya

7 May

2001

7 May

2002

Kyrgyzstan

11 May

2004

11 May

2005

Kiribati

17 June

2009

17 June

2010

Kuwait

August 15

2000

August 15

2001

Laos

13 June

2005

13 June

2006

Lesotho

14 June

2001

14 June

2002

Latvia

2 June

2006

2 June

2007

Lebanon

11 September

2001

11 September

2002

Liberia

2 June

2003

2 June

2004

Libya

4 October

2000

4 October

2001

Lithuania

29 September

2003

29 September

2004

Luxembourg

21 March

2001

21 March

2002

Macedonia

30 May

2002

30 May

2003

Madagascar

4 October

2001

4 October

2002

Malaysia

10 November

2000

10 November

2001

Malawi

19 November

1999

19 November

2000

Mali

July 14

2000

July 14

2001

Malta

15 June

2001

15 June

2002

Morocco

26 January

2001

26 January

2002

Mauritius

8 June

2000

8 June

2001

Mauritania

3 December

2001

3 December

2002

Mexico

30 June

2000

30 June

2001

Moldova

14 June

2002

14 June

2003

Mongolia

26 February

2001

26 February

2002

Montenegro

3 June

2006 S

3 June

2006

Mozambique

June 16

2003

June 16

2004

Namibia

15 November

2000

15 November

2001

Nepal

3 January

2002

3 January

2003

Nicaragua

6 November

2000

6 November

2001

Niger

23 October

2000

23 October

2001

Nigeria

2 October

2002

2 October

2003

Norway

21 December

2000

21 December

2001

New Zealand

14 June

2001

14 June

2002

Oman

11 June

2001

11 June

2002

Uganda

21 June

2001

21 June

2002

Uzbekistan

24 June

2008

24 June

2008

Pakistan

11 October

2001

11 October

2002

Panama

October 31

2000

October 31

2001

Papua New Guinea

2 June

2000

2 June

2001

Paraguay

7 March

2001

7 March

2002

Netherlands

February 14

2002

February 14

2003

Aruba

22 June

2011

22 June

2011

Peru

10 January

2002

10 January

2003

Philippines

28 November

2000

28 November

2001

Poland

August 9

2002

August 9

2003

Portugal

15 June

2000

15 June

2001

Qatar

30 May

2000

30 May

2001

Central African Republic

28 June

2000

28 June

2001

Dominican Republic

15 November

2000

15 November

2001

Czech Republic

19 June

2001

19 June

2002

Romania

13 December

2000

13 December

2001

United Kingdom

22 March

2000

22 March

2001

Guernsey B

15 October

2001

15 October

2001

Russia

25 March

2003

25 March

2004

Rwanda

23 May

2000

23 May

2001

Saint Lucia

6 December

2000

6 December

2001

Saint Kitts and Nevis

12 October

2000

12 October

2001

San Marino

15 March

2000

15 March

2001

Saint Vincent and the Grenadines

4 December

2001

4 December

2002

Samoa

30 June

2008

30 June

2009

Sao Tome and Principe

4 May

2005

4 May

2006

Senegal

1 Er June

2000

1 Er June

2001

Serbia

10 July

2003

10 July

2004

Seychelles

28 September

1999

19 November

2000

Sierra Leone

10 June

2011

10 June

2012

Singapore

14 June

2001

14 June

2002

Slovakia

20 December

1999

20 December

2000

Slovenia

8 May

2001

8 May

2002

Sudan

7 March

2003

7 March

2004

Sri Lanka

1 Er March

2001

1 Er March

2002

Sweden

13 June

2001

13 June

2002

Switzerland

28 June

2000

28 June

2001

Suriname

12 April

2006

12 April

2007

Swaziland

23 October

2002

23 October

2003

Syria

22 May

2003

22 May

2004

Tajikistan

8 June

2005

8 June

2006

Tanzania

12 September

2001

12 September

2002

Chad

6 November

2000

6 November

2001

Thailand

February 16

2001

February 16

2002

Timor-Leste

June 16

2009

June 16

2010

Togo

19 September

2000

19 September

2001

Trinidad and Tobago

April 23

2003

April 23

2004

Tunisia

28 February

2000

28 February

2001

Turkmenistan

15 November

2010

15 November

2011

Turkey

2 August

2001

2 August

2002

Ukraine

14 December

2000

14 December

2001

Uruguay

August 3

2001

August 3

2002

Vanuatu

August 28

2006

August 28

2007

Venezuela

8 June

2005

8 June

2006

Vietnam

19 December

2000

19 December

2001

Yemen

15 June

2000

15 June

2001

Zambia

10 December

2001

10 December

2002

Zimbabwe

11 December

2000

11 December

2001

*
Communication, see below.
A
Not applicable to the Faroe Islands and Greenland.
B
Applicable without modification in Guernsey (with the exception of Bailiwick of Guernsey whose authority extends to the islands of Alderney and Sercq).

Communication

United States

The United States has ratified the Convention (n O 182) on the worst forms of child labour, 1999, by formulating the following considerations:

1)
Children working on farms: the United States considers art. 3 (d) of the Convention O 182 does not cover situations in which children are employed by a parent or by a person having parental authority in a farming operation owned or operated by that parent or person Or is not intended to amend the provisions on employment in the agricultural sector or any other provision of the Fair Labour Standards Act in the United States.
2)
Basic education: the United States considers the term "basic education" in art. 7 of the Convention n O 182 refers to primary education plus one year, i.e. eight or nine years of schooling based on the curriculum and not on age.

Before registering this ratification, the Director-General of the International Labour Office sent a communication to the Government of the United States dated 9 February 2000, designed in the following terms:

I have noted that the instrument indicates that the approval of the ratification is accompanied by two considerations which set out the interpretation of the Government in relation to certain provisions of the Convention. As a depositary, I have the authority to accept ratification in these circumstances, to the extent that these considerations clarify or clarify the meaning of the Convention in the light of national law or practice or deal with a Ancillary to the application of the Convention at the national level, and are not intended to constitute reservations modifying or limiting the country's international obligations.
The first consideration indicates that s. 3 (d) of the Convention "does not cover situations in which children are employed by a parent or by a person having parental authority in a farming operation owned or operated by that parent or person." In this respect, s. 3 (d) of the Convention provides that "work which, by their nature or the conditions under which they are exercised, is likely to harm the health, safety or morals of the child" shall be included among " the worst forms of Child labour " within the meaning of the Convention. From the Bureau's point of view, this provision in itself does not cover or exclude any branch of economic activity or specific type of undertaking and should not be read separately from s. 1 of the art. 4 which provides that the types of work concerned, including the manner in which the work is carried out, shall be determined by the Member having ratified in accordance with the conditions laid down in that paragraph. In these circumstances, the result of the first consideration can be achieved.
I therefore conclude that the Government of the United States of America does not intend to attach any reservations to its ratification of the Convention on the Worst Forms of Child Labour, 1999, and I consider that it has the necessary authority to Register the above-mentioned instrument of ratification.

RO 2003 927 ; FF 2000 292


1 Art. 1 al. 1 let. C of March 9, 2000 ( RO 2003 926 )
2 RS 0.822.723.8
3 RS 0.107
4 RS 0.822.713.9
5 RS 0.311.371
6 RO 2003 933 , 2005 1781, 2006 4209, 2010 4235 and 2013 413. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status January 10, 2013