The Impact and Effectiveness of ILO Convention in Child Labor in China - Case Study Example

Child labour is still one of the social problems all around the world. It may be defined as: any age specified juvenile child working full time, mentally or physically is earning for own survival or supporting the family income that harms the social development and education. According to an estimate by ILO (International Labour Organization), more than 180 to 200 million children, between the ages of 5 to 14, are economically active child labourers around the world. An ILO report prepared for the ministerial meeting says: “When their labour is less expensive or less troublesome than that of adults, when other labour is scarce, and when they are considered irreplaceable by reason of their size or perceived dexterity.1” In many South Asian countries, juvenile child labour is easy to find and kept in places like workshops, factories and for household purposes. There data present showing the exact and calculated number of child labour in China. China has a history of thirty years with ILO and its role has been continuously changing since. In early 70’s China declared itself a non-active member because of the absence of inevitable tripartite employees, trade union and government structure which was the basic membership requirement of ILO. Peoples Daily, a famous newspaper in China, refers to an investigation started by the government organization which was accountable for examining labour conditions throughout the country. According to this report, child labour is most common in factories of fireworks, toys and textiles, construction, food production, and light mechanical work. Child labour is highly in demand, as children have smaller hands and pure eye vision by years of labour, which makes them more stipulating than adults for many types of work. Furthermore, child labour complexes the scenario, problems like no school, hazardous working conditions, unbelievably low wages, overloaded work pressures resulting in harmful negative effects on physical and mental growth. Abusive and sexual exploitation and armed conflict are the worse issues which also rise due to underage children working. In 2007 ILO formed a document containing some observations and recommendations regarding the use of child labour in China. The document comment on the major issues such as; - The suspicious role of Chinese authorities in trafficking children from and through China. - The misuse of child labour during school-run factories and labour camps. - The exploitation of disabled children as professional beggars. Like any other country, there is a law in China which strictly prohibits child labour. In this paper, thus, the main focus was on the recommendations which suggest imposing severe punishment on violators and on reinforcing the government’s monitoring and judicial systems. This document is necessary to understand the efforts of China in regard to child labour and also its joint effort with the ILO2. The U.S. Department of Labour’s online website describes the child labour in China citing the state and global laws and conventions that China has ratified. It also mentioned the judicial steps taken in relation to child labour. Although, there are 2,763 courts developed dealing with child labour cases, still there are a lot of sources which condemn China of being secretive on the cases of child labour. Even the State Department Country Report explained the Human Rights Practices for 1993 which states that no particular Chinese industry is particularly a considerable violator of child labour law. China is no doubt working in regard to abolish the child labour. But the actual statistics of child labour is unknown; it is because of repressive political system and that is why it’s very hard to gather any precise and direct information about China3. Many countries in the world including new emerging power China are members of UN and have a veto power. Many sources as well as the Chinese themselves have pointed out; documenting working condition and security problems of child labourers is naturally difficult because Chinese labour law has ratified the ban of child labour. As a result of a convention of ILO; mobilization of communities on negative aspects of child labour, efforts for decreasing reverse working conditions on mental and physical development, coordination between worker organization and public administration to eradicate child labour, legislation and speedy action on complaints, enhanced cooperation between member organization and technical assistance to solve complex issues, compiling of data and elimination of drugs, sex and child trafficking was agreed upon. Besides this, ILO provides mechanisms to monitor and implement the main objectives by national competitive persons. There has been new regulation passes which includes a fine of 5000 Yuan per worker on hiring a minor (increasing per month of the employment) and suspension of the employers operational certificate. Placing underage workers in dangerous places and where there is no concept of collaborating with the child as labour is generally known as child slave labour. By implementing labour laws concerning child labour for effective achievement of ILO goals in china, the problem of child labour has only become more serious in recent years despite stiffer penalties. The ever progressing economy of China provides a fertile ground for maltreatment of society’s most helpless people. Local governments rush to entice manufacturers into their regions are often hesitant to enforce rules against child labour, which then may act as an obstruction to local economic development. The trouble with child labour in China is that it is too complex. One of the effective roles of ILO’s plan is to get the conventions leads to workout these difficulties, which is not only causes tension but also grip the core origins deeper. The root causes are the economic gap on the increase, failure to provide reasonable education to everyone and the ever-changing social form. But until the way out is focused upon on these issues, the problem of child labour in China will unfortunately intensify and hence, the death tolls of these workers will rise. ILO Conventions International Labour Organization’s foremost aim is elimination of child labour. Initially, it only focused on putting an end to it and worked on the suitable age of entering the child labour. Supervision of the conditions in which children were working also held an important place. In 1919, Convention No. 138 provides that the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. Educational growth is one of the positive parts being immensely affected by the convention. The end of child labour should be the beginning of education in a child’s life because these two are incompatible together in any scenario. China has experienced a tremendous growth of education as stated: “In 1982, 93 per cent of children attended primary school and 70 per cent completed sixth grade – the vast majority went on to junior secondary school.4” Rather in the year of 1949, the percentage was only 25, which went to primary school only. Now The End of Child Labour claims, “The average net primary enrolment rate reached 98.9 per cent in 1998; with only three provinces registering a rate lower than 95 per cent.5” Presently, the effectiveness of the convention has embarked China on an approach, where it making it compulsory for a child to get a nine year education. Obviously this requires a child to complete its education and restrain him from getting employed. Due to efforts made regarding education has also facilitated China, who “achieved universal education at a lower cost than most other countries.6” Besides adding three educational years of junior secondary education, China also spread out financing and administrative education, which resulted in an awareness of market elements and managing systems7. The effect of education was visible in the economic growth of China because it touched unexpected levels of growth. “The sharpest decline – the transition point – occurred in the 1980s, when the country’s economic growth rates soar.8” The Chinese Government also took substantial measures regarding Convention 26 on minimum wages and another Convention concerning about the usage of “hazardous work”, which means the kind of labour which put child’s physical, mental or moral well-being at risk, due to its nature or the conditions in which it is being performed9. The fulfillment of the procedures and China’s positive attitude towards the conventions is beneficial and in return helping the children. Employers’ and workers’ organizations play a decisive role in the fight against child labour. Their continuous commitment and engagement remain essential. Economic growth is important, and progress has been slower where economic progress has lagged behind. But economic growth is not enough – countries must combine it with the right policy mix, focusing on equality, human rights, decent work for all adults, and education for all children. The elimination of child labour cannot be achieved in isolation. The improvements noted in the Report reinforce this message. Therefore, in shaping future strategies, we must remember that economic and social policies must work in the same direction to provide sustainable decent work for parents and for children, education at least up to the minimum age for admission to employment. Standard setting, backed by a promotional approach, advocacy and technical assistance, has proven to be effective. References: Activities of the ILO, 1998-99: International Labour Conference, 88th Session. By International Labour Conference Session, International Labour Office, International Labour Office. (Published by International Labour Organization, 2000) Declaration on Fundamental Principles and Rights at Work: International Labour Conference, 95th Session Report I(B).The End of Child Labour: Within Reach : Global Report Under the Follow-up to the ILO By International Labour Office, ILO. Edition: illustrated. (Published by International Labour Office, 2006). < http://www.ilo.org/public/english/standards/relm/ilc/ilc95/pdf/rep-i-b.pdf   > accessed on 20th February 2009 H Gamini & S Kishor. Child Labour in South Asia. Edition: illustrated. (Published by Ashgate Publishing, Ltd., 2007) Hepple B. Labour Laws and Global Trade (Hart Publishing Oxford 2005) ‘International Labour Organization (ILO)’ [2009] < http://www.ilo.org/global/lang--en/index.htm> accessed 17th February 2009. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) China (ratification: 2002). Geneva: (2007) International Labour Organization. Record of proceedings. (Published by International Labour Organization, 2007) Servais, J. International Labor Law. (Kluwer Law International 2005). Tong, Xiaojun, and Shizhen Lu. In Child Labor: A Global View. Edited by Elizabeth KimJin Traver, Cathryne L. Schmitz, and Desi Larson. (Westport, CT: Greenwood Press 2004). United States. Department of Labour. 2007. “China.” accessed 20th February 2009. Read More