Child labor has occurred at some point in time in virtually all parts of the world as nations have undergone different stages of development. Child labor deprives children of their childhood and their dignity. Children who do not complete their primary education are likely to remain illiterate and never acquire the skills needed to get a job and contribute to the development of a modern economy. Consequently child labor results in scores of under-skilled, unqualified workers and jeopardizes future improvements of skills in the workforce. Child labor occurs because of the pressures of poverty and lack of development but also simply as a result of exploitation. [UN Global Compact, Principle Five Abolition of Child Labour].
The Millennium Development Goals Report, 2006, stated that while progress was being made in improving access to primary education, there were disparities in progress, and that the poorest, often those in rural areas, are being left behind. The report states further that "High rates of poverty in rural areas limit educational opportunities because of demands for children’s labour".
The Global Task Force on Child Labour and Education for All states that "education is a key vehicle through which economically and socially marginalized children, youth and adults can lift themselves out of poverty and obtain the means to participate fully in their communities".
There is a strong counter-argument to this point which is set forth by The Concerned for Working Children, Child Labour Perspectives, wherein it is stated, "The equation between child labour and education is not a simple equation...The present strategy of removing a child from work and putting him/her into an education institution has not worked because the economic and social problems that pushed this child into the labour market have not changed and remain a driving force for both the family and the child. Formal education is not a magic wand...Schools do not solve poverty, deprivation, unemployment and discrimination".
While I agree that education is not a magic wand, it is good starting point. Certainly, the issues surrounding child labor are complex but without education the children who labor will be unable to rise above their circumstances. I also agree that a more definitive course of action is needed in order to address the social and economic needs of the children which are unique to every culture and situation. There cannot be a one-size-fits-all solution. In reality, the idealistic approach represents form over substance. The over-abundance of literature on child labor professes to address the causes and remedies but the impact which is necessary to keep children out of harm's way has not been made. What is deperately needed is action instead of rhetoric.
Tuesday, June 3, 2008
Friday, May 30, 2008
Measuring the Effectiveness of Human Rights Law
My research regarding the effectiveness of Human Rights law regarding child labor led me to the United Nations Global Compact, in addition to the UN Convention on the Rights of the Child, ILO Minimum Age Convention, No. 138 and ILO adopted Worst Forms of Child Labour Convention, No. 182, which were mentioned previously. The UN Global Compact is a framework for businesses that are committed to aligning their operations and strategies with ten universally accepted principles in the areas of human rights, labour, the environment and anti-corruption. The Global Compact relies on public accountability, transparency and the enlightened self-interest of companies, labour and civil society to initiate and share substantive action in pursuing the principles upon the Global Compact is based. The Global Compact involves all the relevant social actors: governments, companies, labour, civil society organizations and the United Nations. Principle Five of the UN Global Compact is titled Businesses Should Uphold the Effective Abolition of Child Labour and sets forth a comprehensive list of actions which businesses should adhere to in the workplace along with actions to be undertaken by the Community. http://www.unglobalcompact.org/.
There is much written on Human Rights Laws relating to child labor but whether it has been effective is a matter of opinion. There is a better awareness of the horrors of child labor as evidenced by the ILO's declaration of June 12 2008, as "World Day Against Child Labor". It is also politically correct to support anti-child labor practices, however, the statistics on child labor remain staggering. The pervasive philosophy is that child labor is a barrier to education and children who do not complete their primary education are likely to remain illiterate and never acquire the skills needed to get a job and contribute to the development of a modern economy resulting in under-skilled, unqualified workers and thus perpetuating the cycle.
As we talked about in our last class, statistics are an important factor in measuring effectiveness. The 2007 EFA [Education for All] Global Monitoring Report indicated that approximately 77 million primary aged children are not enrolled in school. For every 100 boys in school, there are only 94 girls. The ILO's most recent Global report states that in the 5 - 14 age group more than 165 million children are involved in child labour. In secondry education gross enrollment rates remain low in many regions, in SubSarharan Africa 30% and in South and West Asia, 51%. 82% of out of school children are in rural area.
It is obvious from the above statistics that combating child labor remains an arduous task but I believe that as global awareness and grassroots community activism increases, there can be considerable improvement.
There is much written on Human Rights Laws relating to child labor but whether it has been effective is a matter of opinion. There is a better awareness of the horrors of child labor as evidenced by the ILO's declaration of June 12 2008, as "World Day Against Child Labor". It is also politically correct to support anti-child labor practices, however, the statistics on child labor remain staggering. The pervasive philosophy is that child labor is a barrier to education and children who do not complete their primary education are likely to remain illiterate and never acquire the skills needed to get a job and contribute to the development of a modern economy resulting in under-skilled, unqualified workers and thus perpetuating the cycle.
As we talked about in our last class, statistics are an important factor in measuring effectiveness. The 2007 EFA [Education for All] Global Monitoring Report indicated that approximately 77 million primary aged children are not enrolled in school. For every 100 boys in school, there are only 94 girls. The ILO's most recent Global report states that in the 5 - 14 age group more than 165 million children are involved in child labour. In secondry education gross enrollment rates remain low in many regions, in SubSarharan Africa 30% and in South and West Asia, 51%. 82% of out of school children are in rural area.
It is obvious from the above statistics that combating child labor remains an arduous task but I believe that as global awareness and grassroots community activism increases, there can be considerable improvement.
Broader Developments Regarding Child Labor
Another development which is important in the area of child labor is corporate social responsibility. It is felt that one way of looking at corporate social responsibility is that it is part of what businesses need to do to keep up with society's expectations. Companies must now be aware of the risks they face if they are not a good corporate citizen and their reputation could be permanently damaged if they are not cautious in this regard. As we discussed in class, stockholders expect a corporation in which they have invested to make a profit, but in today’s society of high technology, news of a corporation’s unfair labor practices can travel fast. Companies must now be aware of the risks they face if they are not a good corporate citizen.
Whether companies are doing this out of the goodness of their heart or merely because they want to avoid scrutiny does not really matter. Whatever the reason, it is good business sense to not use child labor. The money saved on labor can quickly be lost with bad publicity.
Corporations must now realize that to stay competitive, they cannot afford the public embarrassment of using child labor no matter what the cost. The risks of not being socially responsible will far outweigh the benefits.
Corporations changed many of their practices in America only after legal remedies were available to injured parties. Here again we see that change was for the better of society whatever the impetus to effectuate the change. We would like to think that corporations would be socially responsible because it is the right thing to do, however, I believe that they are only being socially responsible because it would costlier for them to do otherwise.
Whether companies are doing this out of the goodness of their heart or merely because they want to avoid scrutiny does not really matter. Whatever the reason, it is good business sense to not use child labor. The money saved on labor can quickly be lost with bad publicity.
Corporations must now realize that to stay competitive, they cannot afford the public embarrassment of using child labor no matter what the cost. The risks of not being socially responsible will far outweigh the benefits.
Corporations changed many of their practices in America only after legal remedies were available to injured parties. Here again we see that change was for the better of society whatever the impetus to effectuate the change. We would like to think that corporations would be socially responsible because it is the right thing to do, however, I believe that they are only being socially responsible because it would costlier for them to do otherwise.
Thursday, May 29, 2008
Effectiveness of Top-Down vs. Bottom-up
There was an interesting article in the Economist magazine dated April 24, 2008 which talked about the Human Rights Council which I thought would be very interesting to highlight regarding the above topic.Two years ago the UN Commission on Human Rights was disbanded and its successor, the Human Rights Council started up a few months later. Kofi Annan’s reason for disbanding the UN Commission on Human Rights was that the world’s worst abusers had used the agency "to protect themselves against criticism or to criticize others".
The article explains that human rights are one of the three pillars on which the UN is supposed to rest with the Universal Declaration of Human Rights seen as a great achievement. But apparently there is "huge disagreement about which rights matter most". "The rich world says priority should be given to civil and political rights; poorer countries say economic, social and cultural rights matter more. The counsel has apparently been focusing most of its attention on Israel which prompted Ban I-moon, UN Secretary General, to comment as follows: "I would also appreciate it if the council will be looking with the same level of attention and urgency at all other matters around the world".
The thought of the Human Rights Council being obsessed with Israel is very distressing as our class discussions have touched on so many human rights issues which demand attention and wherein the Human Rights Council plays a vital role. In regard to Child Labor, many Conventions and Declarations have already been instituted, however, what remains most problematic is public awareness of child labor, enforcement and addressing the root causes of child labor. The continued implementation of both approaches remains critical and is summed up best in the words of Nelson Mandela "A crucial step is to make the time-bound eradication of the worst forms of child labor and exploitation a cause for all of us, not in words but in action, not in speeches, but in policies and resources".
The article explains that human rights are one of the three pillars on which the UN is supposed to rest with the Universal Declaration of Human Rights seen as a great achievement. But apparently there is "huge disagreement about which rights matter most". "The rich world says priority should be given to civil and political rights; poorer countries say economic, social and cultural rights matter more. The counsel has apparently been focusing most of its attention on Israel which prompted Ban I-moon, UN Secretary General, to comment as follows: "I would also appreciate it if the council will be looking with the same level of attention and urgency at all other matters around the world".
The thought of the Human Rights Council being obsessed with Israel is very distressing as our class discussions have touched on so many human rights issues which demand attention and wherein the Human Rights Council plays a vital role. In regard to Child Labor, many Conventions and Declarations have already been instituted, however, what remains most problematic is public awareness of child labor, enforcement and addressing the root causes of child labor. The continued implementation of both approaches remains critical and is summed up best in the words of Nelson Mandela "A crucial step is to make the time-bound eradication of the worst forms of child labor and exploitation a cause for all of us, not in words but in action, not in speeches, but in policies and resources".
Tuesday, May 27, 2008
Human Rights from the Bottom - Up
"Amitosh concentrates as he pulls the loops of thread through tiny plastic beads and sequins on the toddler's blouse he is making. Dripping with sweat, his hair is thinly coated in dust. In Hindi his name means 'happiness'. The hand-embroidered garment on which his tiny needle is working bears the distinctive logo of international fashion chain Gap. Amitosh is 10"
Gap has suspended half of its orders with the supplier for the next six months and has placed the factory on probation, demanding "significant improvements to its oversight of subcontractors". It also destroyed all of the garments made by the children to ensure they were not sold in its stores or elsewhere. The retailer vowed to pay the children back-wages, educate them and continue paying them until they are of working age, when it will offer them full employment.
[Observer UK, October 28,2007].
The question then is whether Gap would have taken the above measures if the topic was not given such adverse publicity.
In the Employers’ Initiative for Ratification of the Worst Forms of Child Labor Convention (No. 182) it is stated: "Much of the pressure to abolish child labor, particularly its worst forms, has come from the international community rather than from domestic sources - whether this pressure has taken the form of ILO or UN Conventions, media reports or threats of trade sanctions." The Conventions listed some of the following actions which employers can take against Child Labor:
* Secure the rights of children
*Raise awareness of the human cost of child labor and help identify types of work considered to be harmful to the health, safety or moral of children;
*Ensure employers’ collective commitment to the elimination of child labor at national, regional and international meetings;
*Ensure sustainability on employers’ commitment to child labor issues
The Top - Down approach obviously has its shortcomings but is the Bottom - Up approach sufficient. The abolishment of child labor will require commitment at every level. Countries and corporations can institute many policies which look good on paper but without a bottom up approach driven by the international community, it will not be successful.
Gap has suspended half of its orders with the supplier for the next six months and has placed the factory on probation, demanding "significant improvements to its oversight of subcontractors". It also destroyed all of the garments made by the children to ensure they were not sold in its stores or elsewhere. The retailer vowed to pay the children back-wages, educate them and continue paying them until they are of working age, when it will offer them full employment.
[Observer UK, October 28,2007].
The question then is whether Gap would have taken the above measures if the topic was not given such adverse publicity.
In the Employers’ Initiative for Ratification of the Worst Forms of Child Labor Convention (No. 182) it is stated: "Much of the pressure to abolish child labor, particularly its worst forms, has come from the international community rather than from domestic sources - whether this pressure has taken the form of ILO or UN Conventions, media reports or threats of trade sanctions." The Conventions listed some of the following actions which employers can take against Child Labor:
* Secure the rights of children
*Raise awareness of the human cost of child labor and help identify types of work considered to be harmful to the health, safety or moral of children;
*Ensure employers’ collective commitment to the elimination of child labor at national, regional and international meetings;
*Ensure sustainability on employers’ commitment to child labor issues
The Top - Down approach obviously has its shortcomings but is the Bottom - Up approach sufficient. The abolishment of child labor will require commitment at every level. Countries and corporations can institute many policies which look good on paper but without a bottom up approach driven by the international community, it will not be successful.
Wednesday, May 21, 2008
HR - Implementation from the Top Down
The Convention on the Rights of the Child was adopted by resolution on November 20, 1989 and went into force on September 2, 1990. At the present time it has 140 Signatories and 193 Parties. Most declarations to the Convention on the Rights of the Child were related to either Article 14 concerning the child’s freedom of religion as it was counter to the provisions of the Islamic Shariah as well as under Article 38 which permitted participation in armed conflict of children having attained the age of 15 years. Columbia stated that Article 38 was the outcome of serious negotiations which reflect various legal, political and cultural systems in the world. Many States felt that it would have been preferable to fix the age at 18 years.
Another interesting Declaration was made the Argentine Republic which declared the interpretation that a child means every human being from the moment of conception up to the age of eighteen.
I found the most powerful sentiment in the following Declaration by the Holy See:
"The Holy See regards the present Convention as a proper and laudable instrument aimed at protecting the rights and interests of children, who are 'that precious treasure given to each generation as a challenge to its wisdom and humanity' (Pope John Paul II, 26 April 1984)."
In addition to the Convention on the Rights of the Child, there is a Committee on the Rights of the Child (CRC) which is a body of independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties. It also monitors implementation of two optional protocols to the Convention, on involvement of children in armed conflict and on sale of children, child prostitution and child pornography. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially two years after acceding to the Convention and then every five years. The Committee examines each report and addresses its concerns and recommendations to the State party.
Another interesting Declaration was made the Argentine Republic which declared the interpretation that a child means every human being from the moment of conception up to the age of eighteen.
I found the most powerful sentiment in the following Declaration by the Holy See:
"The Holy See regards the present Convention as a proper and laudable instrument aimed at protecting the rights and interests of children, who are 'that precious treasure given to each generation as a challenge to its wisdom and humanity' (Pope John Paul II, 26 April 1984)."
In addition to the Convention on the Rights of the Child, there is a Committee on the Rights of the Child (CRC) which is a body of independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties. It also monitors implementation of two optional protocols to the Convention, on involvement of children in armed conflict and on sale of children, child prostitution and child pornography. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially two years after acceding to the Convention and then every five years. The Committee examines each report and addresses its concerns and recommendations to the State party.
Tuesday, May 20, 2008
Human Rights Agenda Setting
HUMAN RIGHTS AGENDA-SETTING
My blog of 5/15/2008 set forth the groundwork for the Convention on the Rights of the Child which was laid in 1945 with final approval in 1989. What is interesting to note is that the United Nations High Commissioner for Human Rights issued a two volume publication in 2007 on the Legislative History on the Rights of the Child which is to serve as a research tool for children's rights advocates. High Commissioner Louise Arbour wrote in the preface that "This major study documents how the Convention on the Rights of the Child came to represent a sea change in the way the international community was prepared to address the rights of children". It is said to be the first comprehensive record of the drafting of the Convention. The publication is available on the website of the Office of the High Commissioner for Human Rights.
The model for agenda setting discussed in class was quite logical and understandable in that the appropriate conditions, participants, polices and choice opportunities are necessary in order to get your issue on the UN agenda. I would not, however, have anticipated that it would take two volumes to discuss the legislative history. I believe that this is an example of how much more involved and difficult agenda setting is with the United Nations. It was several decades in the making and it makes one appreciate even more that the Convention on the Rights of the Child was finally approved.
In addition, following the Convention, the Child Labor Coalition was formed in 1989 which is a group of more than 40 organizations whose mission is to protect working youth and promote legislation, programs, and initiatives to end child labor. The Convention was the tip of the iceberg fostering the involvement of many more organizations as it was now "politically correct" to do so.
My blog of 5/15/2008 set forth the groundwork for the Convention on the Rights of the Child which was laid in 1945 with final approval in 1989. What is interesting to note is that the United Nations High Commissioner for Human Rights issued a two volume publication in 2007 on the Legislative History on the Rights of the Child which is to serve as a research tool for children's rights advocates. High Commissioner Louise Arbour wrote in the preface that "This major study documents how the Convention on the Rights of the Child came to represent a sea change in the way the international community was prepared to address the rights of children". It is said to be the first comprehensive record of the drafting of the Convention. The publication is available on the website of the Office of the High Commissioner for Human Rights.
The model for agenda setting discussed in class was quite logical and understandable in that the appropriate conditions, participants, polices and choice opportunities are necessary in order to get your issue on the UN agenda. I would not, however, have anticipated that it would take two volumes to discuss the legislative history. I believe that this is an example of how much more involved and difficult agenda setting is with the United Nations. It was several decades in the making and it makes one appreciate even more that the Convention on the Rights of the Child was finally approved.
In addition, following the Convention, the Child Labor Coalition was formed in 1989 which is a group of more than 40 organizations whose mission is to protect working youth and promote legislation, programs, and initiatives to end child labor. The Convention was the tip of the iceberg fostering the involvement of many more organizations as it was now "politically correct" to do so.
Subscribe to:
Posts (Atom)