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ILAB,
OSEC
Notices
Bureau of International Labor Affairs, Request for Information on Efforts by Certain Countries To Eliminate the Worst Forms of Child Labor
[ 11/8/2007]
[ PDF]
FR Doc E7-21920
[Federal Register: November 8, 2007 (Volume 72, Number 216)]
[Notices]
[Page 63197-63199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no07-67]
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DEPARTMENT OF LABOR
Bureau of International Labor Affairs, Request for Information on
Efforts by Certain Countries To Eliminate the Worst Forms of Child
Labor
AGENCY: The Bureau of International Labor Affairs, United States
Department of Labor.
ACTION: Request for information on efforts by certain countries to
eliminate the worst forms of child labor.
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SUMMARY: This notice is a request for information for use by the
Department of Labor in preparation of an annual report on certain trade
beneficiary countries' implementation of international commitments to
eliminate the worst forms of child labor. This will be the seventh such
report by the Department of Labor under the Trade and Development Act
of 2000 (TDA).
DATES: Submitters of information are requested to provide two (2)
copies of their written submission to the Office of Child Labor, Forced
Labor and Human Trafficking at the address below by 5 p.m., December 7,
2007.
ADDRESSES: Written submissions should be addressed to Tina McCarter at
the Office of Child Labor, Forced Labor and Human Trafficking, Bureau
of International Labor Affairs, U.S. Department of Labor, 200
Constitution Avenue, NW., Room S-5317, Washington, DC 20210 or may be
sent via e-mail to mccarter.tina@dol.gov.
FOR FURTHER INFORMATION CONTACT: Tina McCarter or Charita Castro,
Bureau of International Labor Affairs, Office of Child Labor, Forced
Labor and Human Trafficking, at (202) 693-4843, fax: (202) 693-4830, or
via e-mail to mccarter-tina@dol.gov or castro.charita@dol.gov. The
Department of Labor's international child labor reports can be found on
the Internet at http://www.dol.gov/ILAB/media/reports/iclp/main.htm or
can be obtained from the Office of Child Labor, Forced Labor and Human
Trafficking.
SUPPLEMENTARY INFORMATION: The Trade and Development Act of 2000 [Pub.
L. 106-200] established a new eligibility criterion for receipt of
trade benefits under the Generalized System of Preferences (GSP),
Caribbean Basin Trade and Partnership Act (CBTPA), and Africa Growth
and Opportunity Act (AGOA). The TDA amends the GSP reporting
requirements of the Trade Act of 1974 (Section 504) [19 U.S.C. 2464] to
require that the President's annual report on the status of
internationally recognized worker rights include ``findings by the
Secretary of Labor with respect to the beneficiary country's
implementation of its international commitments to eliminate the worst
forms of child labor.'' Title II of the TDA and the TDA Conference
Report [Joint Explanatory Statement of the Committee of Conference,
106th Cong.2d.sess. (2000)] indicate that the same criterion applies
for the receipt of benefits under CBTPA and AGOA, respectively.
In addition, the Andean Trade Preference Act (ATPA) as amended and
expanded by the Andean Trade Promotion and Drug Eradication Act
(ATPDEA) (Pub. L. 107-210, Title XXXI) includes as a criterion for
receiving benefits ``[w]hether the country has implemented its
commitments to eliminate the worst forms of child labor as defined in
section 507(6) of the Trade Act of 1974.''
Scope of Report
Countries and non-independent countries and territories presently
[[Page 63198]]
eligible under the GSP and to be included in the report are:
Afghanistan, Albania, Algeria, Angola, Anguilla, Argentina,
Armenia, Bangladesh, Belize, Benin, Bhutan, Bolivia, Bosnia and
Herzegovina, Botswana, Brazil, British Indian Ocean Territory, British
Virgin Islands, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde,
Central African Republic, Chad, Christmas Island, Cocos Islands,
Colombia, Comoros, Democratic Republic of the Congo, Republic of Congo,
Cook Islands, Costa Rica, Cote d'Ivoire, Croatia, Djibouti, Dominica,
Dominican Republic, East Timor, Ecuador, Egypt, Equatorial Guinea,
Eritrea, Ethiopia, Falkland Islands, Fiji, Gabon, the Gambia, Georgia,
Ghana, Gibraltar, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Heard
Island and MacDonald Islands, India, Indonesia, Iraq, Jamaica, Jordan,
Kazakhstan, Kenya, Kiribati, Kyrgyz Republic, Lebanon, Lesotho,
Liberia, Macedonia, Madagascar, Malawi, Mali, Mauritania, Mauritius,
Moldova, Mongolia, Montenegro, Montserrat, Mozambique, Namibia, Nepal,
Niger, Nigeria, Niue, Norfolk Island, Oman, Pakistan, Panama, Papua New
Guinea, Paraguay, Peru, Philippines, Pitcairn Island, Russia, Rwanda,
Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the
Grenadines, Samoa, Sao Tom[eacute] and Principe, Senegal, Serbia,
Seychelles, Sierra Leone, Solomon Islands, Somalia, South Africa, Sri
Lanka, Suriname, Swaziland, Tanzania, Thailand, Togo, Tokelau Island,
Tonga, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands,
Tuvalu, Uganda, Ukraine, Uruguay, Uzbekistan, Vanuatu, Venezuela,
Wallis and Futuna, West Bank and Gaza Strip, Western Sahara, Republic
of Yemen, Zambia, and Zimbabwe.
Countries eligible or potentially eligible for additional benefits
under the AGOA and to be included in the report are: Angola, Benin,
Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Republic
of Congo, Democratic Republic of the Congo, Djibouti, Ethiopia, Gabon,
the Gambia, Ghana, Guinea, Guinea Bissau, Kenya, Lesotho, Liberia,
Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia,
Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles,
Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, and Zambia.
Countries potentially eligible for additional benefits under the
CBTPA and to be included in the report are: Barbados, Belize, Costa
Rica, Dominican Republic, Guyana, Haiti, Jamaica, Panama, Saint Lucia,
and Trinidad and Tobago.
Countries potentially eligible for additional benefits under the
ATPA/ATPDEA and to be included in the report are: Bolivia, Colombia,
Ecuador, and Peru.
In addition, the following countries will be included in the report
in view of Department of Labor Appropriations, 2006, Conference Report,
H.R. Rep. 109-337 (2005): Bahrain, Chile, El Salvador, Guatemala,
Honduras, Morocco, and Nicaragua.
Information Sought
The Department invites interested parties to submit written
information relevant to the findings to be made by the Department of
Labor under the TDA, for all listed countries. Information provided
through public submission will be considered by the Department of Labor
in preparing its findings. Materials submitted should be confined to
the specific topic of the study. In particular, the Department's Bureau
of International Labor Affairs is seeking written submissions on the
following topics:
1. Whether the country has adequate laws and regulations
proscribing the worst forms of child labor. Specifically, DOL is
seeking the following information:
(a) What laws have been promulgated on child labor, such as minimum
age(s) for employment or hazardous forms of work? Are there exceptions
to these laws?
(b) What laws have been promulgated on the worst forms of child
labor, such as forced child labor and trafficking or child prostitution
and pornography? What is the country's minimum age for military
recruitment?
(c) If the country has ratified Convention 182, has it developed a
list of occupations considered to be worst forms of child labor, as
called for in article 4 of the Convention?
2. Whether the country has adequate laws and regulations as well as
formal institutional mechanisms for the implementation and enforcement
of such laws and regulations; specifically:
(a) What legal remedies are available to government agencies that
enforce child labor laws (criminal penalties, civil fines, etc.), and
are they adequate to deter violations?
(b) To what extent are complaints investigated and violations
addressed?
(c) What level of resources does the government devote to
investigating child labor cases? How many inspectors does the
government employ to address child labor? How many child labor
investigations have been conducted over the past year? How many have
resulted in penalties or convictions?
(d) Has the government provided training activities for officials
charged with enforcing child labor laws?
3. Whether social programs exist in the country to prevent the
engagement of children in the worst forms of child labor, and to assist
in the removal of children engaged in the worst forms of child labor;
specifically:
(a) What initiatives has the government supported specifically to
prevent or withdrawn children from exploitive work situations, such as
school scholarships conditioned on a child' withdrawal from child
labor? (If possible, please provide information on funding levels for
such initiatives.)
4. Whether the country has a comprehensive policy for the
elimination of the worst forms of child labor; specifically:
(a) Does the country have a comprehensive policy or national
program of action on child labor or any of its forms?
(b) Does the country specifically incorporate child labor in
poverty reduction, development, educational or other social policies or
programs, such as Poverty Reduction Strategy Papers, etc? If so, to
what degree has the country implemented the policy and/or program of
action and achieved its goals and objectives?
(c) Is education free in law and in practice? Is education
compulsory in law and in practice?
Please note that although many anti-poverty programs may have
indirect impacts on child labor, the TDA calls for governments to take
specific actions to address the problem. Therefore, the DOL's report
focuses on efforts that name child labor as an explicit objective,
target group, or condition for participation in government policies and
programs.
5. Whether the country is making continual progress toward
eliminating the worst forms of child labor; specifically:
(a) In what sectors/work activities/goods are children involved and
how has this changed over the past year? Information on age and gender
of working children, disaggregated by industry/work activity/good, is
appreciated.
(b) To what extent are children working in slavery or practices
similar to slavery, such as debt bondage, serfdom, and forced or
compulsory labor? Please indicate industries where this occurs and, if
applicable, specific goods that such children produce.
(c) To what extent are children trafficked to work? Are children
trafficked for commercial sex or for labor exploitation? Information on
the
[[Page 63199]]
industries into which children are trafficked and the goods that they
produce in this situation is appreciated. Are they trafficked across
national borders or within the country (specify source, destination and
transit countries/regions/communities, if possible).
Copies of any recent government surveys on child labor are most
appreciated. In regard to education statistics and to ensure
comparability across countries in the TDA report, DOL will generally
rely on UNESCO Institute of Statistics data (http://stats.uis.unesco.org/
).
DOL greatly appreciates submission of original sources. Information
submitted may include reports, newspaper articles, or other materials.
Governments that have ratified ILO Convention 182 are requested to
submit copies of their most recent article 22 submissions under the
Convention, especially those with information on types of work
determined in accordance with Article 3(d) of the Convention.
Definition of Worst Forms of Child Labor
The term ``worst forms of child labor'' is defined in section
412(b) of the TDA as comprising:
``(A) 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 labor, including forced or compulsory recruitment
of children for use in armed conflict;
(B) the use, procuring or offering of a child for prostitution, for
the production of pornography or for pornographic performances;
(C) the use, procuring or offering of a child for illicit
activities, in particular for the production and trafficking of drugs
as defined in relevant international treaties; and
(D) 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 TDA Conference Report noted that the phrase, ``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'' is to be defined as
in Article II of Recommendation No. 190, which accompanies ILO
Convention No. 182. This includes
``(a) work which exposes children to physical, psychological, or
sexual abuse;
(b) work underground, under water, at dangerous heights or in
confined spaces;
(c) work with dangerous machinery, equipment and tools, or which
involves the manual handling or transport of heavy loads;
(d) work in an unhealthy environment which may, for example, expose
children to hazardous substances, agents or processes, or to
temperatures, noise levels, or vibrations damaging to their health;
(e) work under particularly difficult conditions such as work for
long hours or during the night or work where the child is unreasonably
confined to the premises of the employer.''
The TDA Conference Report further indicated that this phrase be
interpreted in a manner consistent with the intent of Article 4 of ILO
Convention No. 182, which states that such work shall be determined by
national laws or regulations or by the competent authority in the
country involved.
This notice is a general solicitation of comments from the public.
Signed at Washington, DC this 5th day of November, 2007.
Charlotte Ponticelli,
Deputy Undersecretary, Bureau of International Labor Affairs.
[FR Doc. E7-21920 Filed 11-7-07; 8:45 am]
BILLING CODE 4510-28-P
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