Frequently Asked Questions

What is child labor and forced labor, and why is it regarded as such a serious social problem?
What is our government doing to keep goods made with child labor and forced labor out of our country?
What is ILAB doing to combat child labor internationally?
What is the United States Government and ILAB, in particular, doing to combat human trafficking?
What more needs to be done to combat human trafficking?
How can I find out about grant opportunities relating to international child labor?
What role does ILAB play in U.S. trade policy with respect to labor issues?
What is the North American Agreement on Labor Cooperation (NAALC)?
Does ILAB participate in the work of international organizations such as the United Nations?
What role does ILAB play in supporting workers' rights internationally?
What are the three reports that DOL’s Office of Child Labor, Forced Labor, and Human Trafficking is releasing?
What information does each report cover?
What changes were instituted with the 2009 TDA report?
Why are there differences between the goods on the Lists and information in the TDA report?
What is the difference between the TVPRA List of Goods and the EO 13126 List of Products?
Why do the TVPRA and EO Lists include goods produced in the informal or “artisan” sector of production?
Why do the TVPRA and EO Lists include goods that are not exported to the United States?
Which report(s) contain information about adults?
Which report(s) include information on agriculture?
Which report(s) include information on the service sector, such as domestic work?
Does DOL acknowledge the progress that is being made to address these problems?
What is the Department of Labor doing to combat the worst forms of child labor in the United States?
How can I obtain more information about these three reports?
Trade and Development Act (TDA) FAQ's
Trafficking Victims Protection Reauthorization Act (TVPRA) FAQ's
Executive Order 13126 FAQ's

Question #1: What is child labor and forced labor, and why is it regarded as such a serious social problem?

Answer:

"Child labor" under international standards means all work performed by a person below the age of 15. It also includes all work performed by a person below the age of 18 in the following practices:
(A) All forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or 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 purposes;
(C) The use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; 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 work referred to in subparagraph (D) is determined by the laws, regulations, or competent authority of the country involved, after consultation with the organizations of employers and workers concerned, and taking into consideration relevant international standards. This definition will not apply to work specifically authorized by national laws, including work done by children in schools for general, vocational or technical education or in other training institutions, where such work is carried out in accordance with international standards under conditions prescribed by the competent authority, and does not prejudice children's attendance in school or their capacity to benefit from the instruction received.
"Forced labor" under international standards means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily, and includes indentured labor. "Forced labor" includes work provided or obtained by force, fraud, or coercion, including:
(A) By threats of serious harm to, or physical restraint against any person;
(B) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(C) by means of the abuse or threatened abuse of law or the legal process.

Question #2: What is our government doing to keep goods made with child labor and forced labor out of our country?

Answer:

Several U.S. laws address the issue of the importation of goods made with forced labor and child labor. For instance, Section 307 of the Tariff Act of 1930 prohibits the importation of merchandise produced in whole or in part with prison labor, forced labor, or indentured labor under penal sanction, including forced or indentured labor by children. The Tariff Act is enforced by the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE).
The U.S. Department of Labor also carries out Congressionally-mandated activities to reduce the likelihood of goods made with forced labor or child labor being imported into the U.S. First, DOL carries out the mandates of Executive Order 13126 on the "Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor," signed on June 12, 1999. The Executive Order is designed to prevent federal agencies from buying products that have been made with forced or indentured child labor.

In addition, the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005, signed by President Bush in January 2006, mandates that DOL's Bureau of International Labor Affairs (ILAB) "carry out additional activities to monitor and combat forced labor and child labor in foreign countries." These activities include the development and dissemination of a list of goods from countries that ILAB has reason to believe are produced by forced labor or child labor in violation of international standards.

Question #3: What is ILAB doing to combat child labor internationally?

Answer:

Currently, ILAB has a portfolio some 55 active child labor projects in over 50 countries worth more than $200 million. These projects seek to remove children from the exploitative work situations and provide them with rehabilitation services and educational opportunities. Projects also seek to raise public awareness about the problem and to prevent child labor from occurring in the first place.
Since 1995, ILAB, through funding for the International Labor Organization's International Program on the Elimination of Child Labor and over 40 other organizations, has provided approximately $600 million to support efforts in over 80 countries around the globe to withdraw children from exploitative work.
In FY 2008, ILAB obligated over $58 million to 6 organizations to support efforts to combat exploitive child labor around the world. Together, these grants will withdraw and prevent more than 100,000 children from entering exploitive labor through the provision of education and other services, support the collection of reliable data, and strengthen the capacity of governments to address the problem in 20 countries. In FY 2009, ILAB will obligate approximately $60 million to such efforts.
For more information on these efforts, see the International Technical Cooperation page of the Office of Child Labor, Forced Labor, and Human Trafficking.
In addition to technical cooperation programming, ILAB is a leader in research and reporting on international child labor issues. ILAB publishes an annual report, The U.S. Department of Labor's Findings on the Worst Forms of Child Labor, which includes information on exploitive child labor and government efforts in 141 countries and territories benefiting from preferential trade programs with the United States. ILAB's child labor publications are available on the publications page of the Office of Child Labor, Forced Labor, and Human Trafficking.

Question #4: What is the United States Government and ILAB, in particular, doing to combat human trafficking?

Answer:

The U.S. government's strategy for ending tyranny, spreading freedom, and championing human dignity includes a commitment to ending human trafficking. The U.S. government believes that promoting democracy and human rights is the most effective long-term strategy for ensuring international stability.
U.S. government funding goes to governments and non-governmental and international organizations to support a range of efforts, including to:
- create specialized law enforcement units;
- train prosecutors and judges;
- strengthen anti-trafficking laws;
- provide emergency shelter and care for victims;
- offer voluntary repatriation assistance;
- make available long-term rehabilitation assistance and vocational training for victims;
- provide legal advocacy;
- offer psychological and medical assistance for victims; and
- launch information campaigns.
As for ILAB, we carry out reporting and technical assistance internationally to track and combat trafficking in persons and forced labor.
Since 1995, ILAB has dedicated over $274 million to support programs that provide victims of trafficking and forced labor with rehabilitation and reintegration services, as well as services to prevent high risk individuals from being trafficked in the first place.
In fiscal year 2008 alone, ILAB provided over $42 million to fund trafficking-related projects, including funding for 9 new technical assistance projects in 11 countries. These projects target bonded labor, forced recruitment of child soldiers, human trafficking, slave labor in isolated areas, and the commercial sexual exploitation of children.
To ensure a coordinated policy message on anti-trafficking issues, the Department of Labor actively participates in the President's Interagency Task Force to Monitor and Combat Trafficking in Persons (PITF), the Senior Policy Operating Group (SPOG), and the Trafficking in Persons and Worker Exploitation Task Force.

Question #5: What more needs to be done to combat human trafficking?

Answer:

Human trafficking is present in some form on all continents and in nearly every country, so clearly much more needs to be done.
The hidden nature of human trafficking is fundamental to its continued existence, so more research is required to understand it and greater efforts are needed to raise awareness globally. The ILO Global Report is extremely helpful in this regard, as it has given the world the first global estimates on forced labor and its relation to human trafficking, and raised awareness through its simultaneous release.
Law enforcement is a clear priority. Countries must adopt strong laws and policies that clearly define and outlaw the different forms of exploitation, protect the victims, and allow appropriate punishment of the perpetrators.
Because of the global nature of trafficking, greater cooperation is necessary between nations to learn from each other's good practices and to share information on criminal networks.

Question #6: How can I find out about grant opportunities relating to international child labor?

Answer:

The Bureau of International Labor Affairs (ILAB) provides grants for technical assistance purposes related to child labor elimination efforts and basic education initiatives for child laborers and children at risk of entering work. Please note that announcements of such grant opportunities are published on http://www.grants.gov/.

Question #7: What role does ILAB play in U.S. trade policy with respect to labor issues?

Answer:

ILAB represents the Department of Labor in the interagency committees chaired by the United States Trade Representative (USTR) in the negotiation and implementation of the labor chapters of Free Trade Agreements. These chapters define and promote internationally recognized core labor standards. ILAB also participates in the interagency deliberations of USTR chaired committees related to the implementation of U.S. trade preference legislation, such as the Generalized System of Preferences (GSP), the African Growth and Opportunity Act (AGOA), the Andean Trade Preference Act (ATPA) and the Caribbean Basin Initiative (CBI). These programs extend duty-free access for certain countries to developing countries. Countries who participate in these programs are required to take steps to provide internationally recognized labor rights and standards. Using the leverage provided by these programs, the United States has been successful in securing significant improvements in laws and practices regarding labor rights in a number of countries.

Question #8: What is the North American Agreement on Labor Cooperation (NAALC)?

Answer:

It is an agreement between the U.S., Mexico and Canada intended to provide a mechanism for responding to labor issues of mutual concern. It is referred to as the supplemental agreement to the North American Free Trade Agreement (NAFTA).

Question #9: Does ILAB participate in the work of international organizations such as the United Nations?

Answer:

ILAB's Office of International Relations (OIR) represents the Department of Labor (DOL) before a number of international organizations. The most significant of these is the International Labor Organization (ILO), which is a UN entity. The ILO defines and establishes international labor standards through the development and implementation of conventions and follows up by monitoring compliance by member countries with their obligations under those conventions.
OIR leads DOL participation in the Organization of Economic Cooperation and Development (OECD), particularly the work of the Employment, Labor and Social Affairs Committee.
OIR also oversees DOL participation in the G20 through the annual meetings of the G20 Labor and Employment Ministers, and in the Organization of American States (OAS), through the biannual meetings of the Inter-American Conference of Ministers of Labor (IACML) as well as conferences and seminars conducted under that program.
OIR oversees participation by DOL in the Human Resources Development Working Group of the Asia-Pacific Economic Cooperation (APEC) forum, which groups Pacific Rim countries together.
OIR also participates in the United States-European Union Working Group on Employment and Labor-Related Issues, a forum established to share experiences and best practices, and in the work of some of the other United Nations agencies, such as the World Health Organization.

Question #10: What role does ILAB play in supporting workers' rights internationally?

Answer:

The United States considers that strengthening respect for worker rights around the world is essential to the U.S. foreign policy goals of promoting democracy, human rights, free trade, and international development.
Besides its participation in trade policy outlined in question #7 ILAB works closely with the Department of State's Bureau of Democracy, Human Rights, and Labor (DRL) in several key areas.
ILAB's Office of International Relations (OIR) works with the Department of State in the implementation of that agency's labor diplomacy program. Under this program labor officers and labor reporting officers in U.S. Embassies throughout the world monitor labor issues and report back to Washington. Much of this reporting focuses on labor rights and standards. ILAB provides specialized training on labor issues to these officers, and conducts outreach activities to keep them informed on U.S. and international labor developments. OIR Area Advisers monitor labor developments in their areas of responsibility and maintain contact with Embassy labor officers so as to remain abreast of labor developments and provide technical and policy advice to senior USG officials.
Working together with the Department of State, OIR coordinates ILAB input into the labor section of that department's Annual Country Reports on Human Rights Practices, a major reference document for persons and institutions who follow human rights issues.
OIR leads U.S. Government participation in the work of the International Labor Organization (ILO). The ILO defines and sets international labor standards and monitors their implementation by member countries.

ILAB Reports on International Child Labor and Forced Labor

Question #11: What are the three reports that DOL’s Office of Child Labor, Forced Labor, and Human Trafficking is releasing?

Answer:

The Department of Labor’s Findings on the Worst Forms of Child Labor was mandated by the Trade and Development Act of 2000 (TDA). DOL has published this TDA report annually since 2002. The Department of Labor’s List of Goods Produced by Child Labor or Forced Labor was required by the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005. DOL published its first TVPRA List in 2009, and has issued updates in 2010 and 2011. The Department’s List of Products Produced by Forced or Indentured Child Labor was mandated by Executive Order (EO) 13126 (1999). The October 4, 2011 Initial Determination is a proposed revision to the EO List published last on May 31, 2011.

Question #12: What information does each report cover?

Answer:

The TDA report contains narrative profiles of 144 countries and territories¹. Each profile includes information on the prevalence and sectoral distribution of the worst forms of child labor in the country or territory; national laws and regulations against the worst forms of child labor; institutional mechanisms for coordination and enforcement; government policies on the worst forms of child labor; and social programs to eliminate or prevent the worst forms of child labor. The TVPRA List focuses on goods made with child labor or forced labor in violation of international standards; the TVPRA List includes 130 goods from 71 countries. The EO is intended to ensure that federal agencies enforce laws relating to forced or indentured child labor in the procurement process. The proposed EO List includes 31 products made with forced or indentured child labor from 23 countries, which is one type of exploitative child labor. Thus, the TDA report covers the worst forms of child labor at the broadest level; the TVPRA List narrows its scope to goods; and the EO List has a still narrower focus on goods made with one type of exploitive child labor.

¹ There were 144 countries and territories in the 2010 report but the number may vary by year depending on eligibility criteria.

Question #13: What changes were instituted with the 2010 TDA report?

Answer:

In line with the theme of World Day Against Child Labor, the 2010 report introduction focuses on hazardous child labor. The country profiles include more detail than the 2009 report regarding access to education and the presence of compulsory and free education.
Like last year, the 2010 TDA report continues to include major findings related to each government’s efforts to address the worst forms of child labor and a set of proposed actions for each government to consider that would address the main deficiencies found in the report.

Question #14: Why are there differences between the goods on the Lists and information in the TDA report?

Answer:

If the Lists include child labor in the production of a good or product, this good or product is also included in the TDA report for that country. The Lists were developed pursuant to their respective procedural guidelines, while TDA reporting is intended to provide a comprehensive picture of child labor in a country; its context; and laws, regulations and programs to address the issue.

Question #15: What is the difference between the TVPRA List of Goods and the EO 13126 List of Products?

Answer:

The EO is intended to ensure that federal agencies enforce laws relating to forced or indentured child labor in the procurement process. Thus the EO List differs from the TVPRA List, which is intended to promote efforts to monitor and combat forced labor and child labor in the production of goods in foreign countries. The EO on federal procurement applies only to the goods on the EO List, not to those on the TVPRA List. In addition, the EO List covers forced or indentured child labor, while the TVPRA List focuses on a broader population, including adults in forced labor and children in exploitative labor that is not necessarily forced or indentured.

Question #16: Why do the TVPRA and EO Lists include goods produced in the informal or “artisan” sector of production?

Answer:

In compliance with the scope of the mandates of the Lists, ILAB’s research focused on all economic activity in the production of goods. Economic activity includes all formal and informal sector production of goods, including goods produced just for personal and family consumption. Examples of informal sector activity include casual day-labor hired without contract; small-scale farming and fishing; artisanal mining and quarrying; and manufacturing work performed in home-based workshops. The production of illicit goods is included in these informal economic activities but the appearance of such goods on the Lists is not intended to condone or legitimize these goods or forms of work.

Question #17: Why do the TVPRA and EO Lists include goods that are not exported to the United States?

Answer:

ILAB’s research focused on all economic activity in the production of goods. Much child labor occurs in small-scale production of goods for local consumption, not in production of goods for the international market. Adequate data is not available on consumption patterns of goods made with forced labor. In many cases, ILAB did not have information about the ultimate consumers of the goods under review, and tracing goods from production to consumption is beyond the mandate of the Lists.

Question #18: Which report(s) contain information about adults?

Answer:

Only the TVPRA List includes information pertaining to adults; it includes goods made with adult forced labor. The TDA and EO mandates focus exclusively on children.

Question #19: Which report(s) include information on agriculture?

Answer:

All three reports include information on people working in exploitative conditions in agriculture.

Question #20: Which report(s) include information on the service sector, such as domestic work?

Answer:

Only the TDA report covers work in the service sector; the two Lists focus exclusively on the production of goods.

Question #21: Does DOL acknowledge the progress that is being made to address these problems?

Answer:

All three reports take into account existing efforts to combat child labor and forced labor. The TDA report has an explicit focus on government laws, institutional mechanisms, policies and social programs; it contains detailed descriptions of the efforts of many governments to combat the worst forms of child labor. DOL has published procedural guidelines governing the development of its Lists (TVPRA and EO), which address the extent to which government, industry, and third-party efforts can be taken into account in making decisions to place goods on the Lists.

Question #22: What is the Department of Labor doing to combat the worst forms of child labor in the United States?

Answer:

DOL is committed to ensuring that U.S. child labor laws are strictly enforced. Since 2009, DOL has added 350 new field investigators to increase enforcement in industries that employ vulnerable workers, including young workers. Every investigation conducted by DOL’s WHD has a child labor component. Child labor complaints, although not numerous, are given the highest priority within the agency. Each year, WHD regional and local offices undertake child labor compliance initiatives in a variety of industries, such as grocery stores, shopping malls, theaters, and restaurants. These industries traditionally employ large numbers of young workers and are most likely to have problems with compliance.In 2010, WHD conducted a campaign of targeted investigations to determine whether children were working illegally in agriculture. When violations were found, we issued stiff fines under our new, tougher penalty structure. WHD can assess a civil money penalty of up to $50,000 for each child labor violation that causes the death or serious injury of any employee under the age of 18, and provides that such penalty may be increased up to $100,000 when that violation is determined to be repeated or willful.
The FLSA establishes an 18-year minimum age for non-agricultural occupations that the Secretary of Labor declares to be particularly hazardous or detrimental to children’s health or wellbeing. There are currently 17 Hazardous Occupation Orders for non-agriculture, which include a partial or total ban on the occupations or industries they cover. On September 2, 2011, DOL published a Notice of Proposed Rulemaking requesting public comment on proposals to strengthen the protections for young hired farm workers by updating and adding to the 11 current agricultural hazardous occupation orders. DOL also proposes to add two new nonagricultural hazardous occupations orders. The last day for public comment on the proposed rule is November 1, 2011. For more information, please see http://www.dol.gov/whd/CL/AG_NPRM.htm.

Question #23: How can I obtain more information about these three reports?

Answer:

More information can be found on the Web site of the Office of Child Labor, Forced Labor, and Human Trafficking: http://www.dol.gov/ilab/programs/ocft/.

Question #24: Trade and Development Act (TDA) FAQ's

Question #25: Trafficking Victims Protection Reauthorization Act (TVPRA) FAQ's

Question #26: Executive Order 13126 FAQ's

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