On the ratification of the Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention 182)

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Law of the Republic of Kazakhstan dated December 26, 2002 No. 367

To ratify the Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention 182), adopted in Geneva by the 87th session of the General Conference of the International Labour Organization on June 17, 1999.

President N.Nazarbayev of the Republic of Kazakhstan

International Labour Conference

Convention 182

Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting for its 87th session on 1 June 1999, considering it necessary to adopt new instruments to prohibit and eliminate the worst forms of child labour as a top priority for national and international action, including international cooperation and international assistance, which would complement The Minimum Age Convention and Recommendation of 1973, which remain fundamental instruments on child labour, considering, That the effective eradication of the worst forms of child labour requires immediate and comprehensive actions that take into account the importance of free basic education and the need to free children from any kind of work, as well as their rehabilitation and social integration, while taking into account the needs of their families, Recalling the resolution on the abolition of child labour adopted by the 83rd by the session of the International Labour Conference in 1996, recognizing, That child labour is largely a consequence of poverty and that a long-term solution to this issue lies in sustained economic growth leading to social progress, in particular towards poverty eradication and universal education, Recalling the Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989, recalling the ILO Declaration on Fundamental Principles and rights at work and the mechanism for its implementation, adopted by the 86th session of the International Labour Conference in 1998, recalling that, That some of the worst forms of child labour are covered by other international instruments, in particular The 1930 Convention on Forced Labour and the 1956 United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, having decided to adopt a number of proposals on child labour, which is the fourth item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this seventeenth day of June one thousand of the year nine hundred and ninety-nine, the following Convention, which may be referred to as the 1999 Convention on the Worst Forms of Child Labour.

Article 1

Each Member State ratifying this Convention shall immediately take effective measures to ensure that the worst forms of child labour are urgently prohibited and eliminated.

Article 2

For the purposes of this Convention, the term "child" applies to all persons under the age of 18.

Article 3

For the purposes of this Convention, the term "worst forms of child labour" includes: (a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom, as well as forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) The use, recruitment or offering of a child for prostitution, for the production of pornographic products or for pornographic performances; (c) The use, recruitment or offering of a child to engage in illegal activities, in particular for the production and sale of drugs, as defined in relevant international treaties; (d) Work that, by its nature or the conditions in which it is performed, may harm the health, safety or morals of children.

Article 4

1. National legislation or the competent authority, after consultation with the employers' and workers' organizations concerned, shall determine the types of work referred to in article 3 (d), taking into account relevant international standards, in particular paragraphs 3 and 4 of the 1999 Recommendation on the Worst Forms of Child Labour. 2. The competent authority, after consultation with the employers' and workers' organizations concerned, shall identify the places where the types of work defined in this way are carried out. 3. The list of types of work defined in accordance with paragraph 1 of this article is periodically reviewed and, as necessary, reviewed after consultations with interested employers' and workers' organizations.

Article 5

Each Member State, after consultation with employers' and workers' organizations, shall establish or indicate appropriate mechanisms for monitoring the application of the provisions giving effect to this Convention.

Article 6

1. Each Member State develops and implements action programmes to eliminate the worst forms of child labour as a matter of priority. 2. Such action programmes are developed and implemented after consultation with relevant government departments and employers' and workers' organizations, taking into account, if necessary, the views of other interested groups.

Article 7

1. Each Member State shall take all necessary measures to ensure the effective application and observance of the provisions giving effect to this Convention, including through the introduction and application of criminal or, as appropriate, other sanctions. 2. Each Member State, taking into account the importance of education in the eradication of child labour, shall take timely measures aimed at: (a) Preventing the involvement of children in the worst forms of child labour; (b) Providing the necessary and appropriate direct assistance to end the employment of children in the worst forms of child labour, as well as their rehabilitation and social integration; (c) Providing all children exempt from the worst forms of child labour with access to free basic education, as well as vocational training, as far as possible and necessary; (d) Identifying and reaching out to children in particularly vulnerable situations; and (e) taking into account the specific situation of girls. 3. Each Member State shall designate a competent authority responsible for the application of the provisions giving effect to this Convention.

Article 8

Member States shall take the necessary measures to assist each other in implementing the provisions of this Convention, using broader international cooperation and/or assistance, including support for socio-economic development, poverty reduction programmes and universal education.

Article 9

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 10

1. This Convention shall be binding only on those members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It will enter into force 12 months after the date of registration by the Director General of the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention will enter into force for each Member State of the Organization 12 months after the date of registration of its instrument of ratification.

Article 11

1. Any Member that has ratified this Convention may, after ten years from the date of its initial entry into force, denounce it by a declaration of denunciation addressed to the Director General of the International Labour Office for registration. The denunciation will take effect one year after the date of its registration. 2. For each Member of the Organization that has ratified this Convention and, within one year after the expiration of the ten years specified in the preceding paragraph, has not exercised the right of denunciation provided for in this article, the Convention shall remain in force for the next ten years, and it may subsequently denounce it after the expiration of each decade in accordance with the procedure provided for in this article.

Article 12

1. The Director-General of the International Labour Office shall notify all members of the International Labour Organization of the registration of all ratifications and denunciations sent to him by the members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director General shall draw their attention to the date of entry into force of this Convention.

Article 13

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, comprehensive information on all ratifications and declarations of denunciation registered by him in accordance with the provisions of the preceding articles.

Article 14

In cases where the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and consider the desirability of including in the agenda of the Conference the issue of its revision in whole or in part.

Article 15

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new Convention provides otherwise, then: (a) The ratification by any Member of the Organization of the new revising Convention shall automatically entail, notwithstanding the provisions of Article 11, the immediate denunciation of this Convention, provided that the new revising Convention has entered into force b) from the date of entry into force of the new revising convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content for those Members of the Organization who have ratified it but have not ratified the revising convention.

Article 16

The English and French texts of this Convention are equally authentic.

President

Republic of Kazakhstan

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