1. 1 Minimum Age Convention, 1973 (No. 138) Tim De Meyer Specialist on International Labour Standards and Labour Law International Labour Office BAO/EASMAT, Bangkok

2. 2 C. 138 in the CRC context States must protect children from economic exploitation (Art. 32 of the UN Convention on the Rights of the Child, 1989) States must provide for (a) minimum age(s) for admission to employment, “having regard to … other international instruments”. Provide for appropriate regulation of the hours and conditions of employment.

3. 3 C. 138 in time The first ILO Convention on child labour dates back to 1919 : C. 5 (Industry). Since then 13 instruments followed, focussing on various branches of the economy. C. 138 compiles and revises earlier instruments, covers all sectors of the economy.

4. 4 The concept of C. 138 Objective : to protect the child’s fullest physical and mental development, and thus to pursue a national policy to ensure effective abolition of child labour putting children in “school” instead of at work is a fundamental institution of development, only improving working conditions will not do minimum age standards help countries draw the line between acceptable and unacceptable work, and do not mean to eliminate all forms of work

5. 5 C. 138 : Minimum ages General Minimum Age Light work Hazardous work (Article 2) (Article 7) (Article 3) Normally 15 years or more 13 years 18 years (16 years exception) Developing 14 years 12 years 18 years countries (16 years exception)

6. 6 Hazardous work Government, after consultation with the social partners, establishes the list of hazardous occupations (“work which is likely to jeopardize the health, safety and morals of young persons”) G, after consulting E + W, can lower the minimum age of 18 years to 16 years, if full protection and adequate training have been provided

7. 7 Light Work Work which is not likely to be harmful to the health or development of young persons, and which will not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received.

8. 8 Light Work Examples of light work in Recommendation No. 41 (1932) :  running errands,  distribution of newspapers,  odd jobs in connection with the practice of sport or the playing of games,  picking and selling flowers or fruits.

9. 9 Exemptions C. 138 does not apply to work in approved schools or training institutions for general vocational or technical education (Article 6) to work undertaken by persons at least 14 years of age in undertakings for education or training purposes (“apprenticeship”)

10. 10 Specific types of work Individual exceptions to the general minimum age possible for “such purposes as” participation in artistic performances Individual permit must specify hours of work and conditions of work Individual permit must specify hours of work and conditions of work

11. 11 Scope of application C. 138 in principle covers all economic sectors : - all forms of employment, - regardless whether it involves a contract, - self-employment, - remunerated or not, - within a family undertaking or outside; within the national territory and on means of transport, even outside the national territory.

12. 12 Enforcement The competent authority shall take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the Convention The employer shall keep and make registers available, which shall contain the names and ages of persons who work for him and who are less than 18 years of age

13. 13 Issues : (1) Thai boxing Applied medical research in Australia and the US unambiguously points to serious health hazards If a tripartite consultation recognizes it as such, the normal 18 years limit can be lowered to 16 if provision is made for full protection adequate training

14. 14 Issues : (1) Thai boxing If a tripartite consultation recognized similarity to an “artistic performance”, no age limit applies, but C138 requires individual permission written stipulation of the hours of work and of the conditions of work

15. 15 The concept of C. 138 (c’d) comprehensive : achieving the objective requires coordinated action legal action against exploiters employment for parents a degree of family income security targeted interventions where e.g. health is a threat (e.g. HIV/AIDS)

16. 16 The concept of C. 138 (c’d) dynamic : the objective may be achieved over time, starting out from a minimum base defined by the ratifying State historicity : C. 138 remains focused on the proper legal adoption and enforcement of minimum age standards (unlike C. 182)

17. 17 Why ratify C. 138 ? Ratification = willingness to engage in an official dialogue with the international community on a particular subject Ratification = endorsement as a State that elimination of child labour is a fundamental institution of development Ratification encourages other States (economic competitors) to follow suit

18. 18 Why ratify C. 138 ? (c’d) Ratification status 134 countries worldwide, of which 2/3 in the last 10 years in Asia Pacific : Cambodia, China, Fiji, Indonesia, Japan, RoKorea, Malaysia, Mongolia, Nepal, PNG, Philippines, Sri Lanka, Thailand, Viet Nam AP prospects are bright (Lao PDR, Singapore)

19. 19 Why ratify C. 138 ? (c’d) C. 138 elaborates a fundamental principle and right at work, reaffirmed as such in the ILO 1998 Declaration and WTO Ministerial Declarations C. 138 is one of the ILO’s 8 fundamental Conventions and is, as such, subject to an annual ratification campaign

20. 20 Issues : (2) Domestic Work Art. 4 of C. 138 allows exemption of limited categories of employment, but not hazardous activities Common examples include Domestic service in private households Family undertakings Home-work or other work outside the supervision of the employer

21. 21 Issues : (2) Domestic Work To be mentioned at the latest in the first Government report, submitted in the first year after the entry into force of the Convention Careful : depending on the situation, domestic work spans a range of activities from acceptable work (e.g. children carrying out household chores) to a worst form of child labour

22. 22 Issues : (3) Agriculture Art. 5 allows States to initially apply C138 only to limited economic sectors, the minimum being : mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; plantations and commercial agricultural undertakings

23. 23 Issues : (3) Agriculture The economic sectors to which C. 138 will apply must be declared at the time of ratification, otherwise it will be assumed that C. 138 applies to all economic sectors Family and small scale agricultural undertakings producing for local consumption and not regularly employing hired workers can be excluded.