Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Worst Forms of Child Labour Convention, 1999 (No. 182) - United Kingdom of Great Britain and Northern Ireland (Ratification: 2000)

The Committee takes note of the Government’s first and second detailed reports. The Committee also notes the comments made by the Trades Union Congress (TUC) on the application of the Convention in the United Kingdom. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee observes that trafficking in slaves is prohibited under section 2 of the Slave Trade Act, 1824. It also notes that section 145 of the National, Asylum and Immigration Act, 2002 makes it a criminal offence to traffic people into, or out of, the United Kingdom for the purpose of controlling them in prostitution. The Committee also observes that the White Paper entitled "Secure Borders, Safehaven: Integration with diversity in modern Britain-UK" of February 2002 indicates that the Government will introduce a new law on trafficking of persons for labour exploitation. The Committee draws the Government’s attention to the fact that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children, including for labour exploitation, constitutes one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee accordingly hopes that the new law prohibiting the trafficking of persons for labour exploitation will soon be promulgated. The Committee asks the Government to provide information on any developments in this regard.

The Committee takes due note of the Government’s indication, in its first report, that a best practice guide on trafficking for immigration officers, police and others potentially dealing with trafficking is being developed. This guide will raise awareness of the difference between trafficking and smuggling, and help those concerned to treat victims of trafficking fairly. The Committee would be grateful if the Government would supply a copy of this guide as soon as it is finalized.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee takes due note of the adoption of the Sexual Offences Act, 2003 which contains detailed provisions on the sexual exploitation of children. The Committee observes that, according to section 48 of the Sexual Offences Act, 2003, a person (A) commits an offence if: (a) he intentionally causes or incites another person (B) to become a prostitute, or to be involved in pornography, in any part of the world; and (b) either: (i) B is under 18, and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. The Committee notes that similar wording is used in several other provisions such as section 49 (controlling a child prostitute or a child involved in pornography) and section 50 (arranging or facilitating child prostitution or pornography). It notes with concern that a person who, for example, incites a child of 14 years to become a prostitute does not commit an offence in so far as he/she reasonably believes the child is 18 years old. It observes that only children under 13 years of age are protected, with certainty, from sexual exploitation. The Committee draws the Government’s attention to the fact that, by virtue of Article 3(b) of the Convention the use, procuring or offering of a child for prostitution, or for the production of pornography or for pornographic performances is considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It also draws the Government’s attention to the difficulty to ascertain the exact age of boys and girls. The Committee asks the Government to provide information on the meaning of the term "reasonably believes" and relevant court decisions in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s indication that drug trafficking is prohibited under the Drug Trafficking Act 1994 and that there is no separate offence of using a child for drug trafficking. The Committee also observes that under section 19 of the Misuse of Drugs Act 1971, it is an offence for a person to incite another to commit such an offence, i.e. to import or export a controlled drug (section 3), to produce or supply a controlled drug (section 4). The Committee further notes the Government’s statement that the court will take into account all the circumstances when sentencing. Noting the absence of reference to section 19 of the Misuse of Drugs Act 1971 in the Government’s report, the Committee asks the Government to provide information on the practical implementation of this Act.

2. Causing or allowing children to be used for begging. The Committee observes that, according to section 4(1) and (2) of the Children and Young Persons Act, 1933 (as amended by the Children Act, 1989), it is prohibited to cause or allow a person under 16 to be used for begging. The Committee encourages the Government to extend the scope of application of section 4(1) of the Children and Young Persons Act, 1933 to children under 18. It also requests the Government to supply a consolidated version of the Act.

Article 3, clause (d), and Article 4, paragraphs 1 and 3. Hazardous work. The Committee notes that Regulation 19 of the Management of Health and Safety at Work Regulations, 1999 places a duty on the employer to protect young persons (i.e. a person under 18 years of age) from risks to their health and safety and provides for a detailed list of occupations that young workers shall not perform. The Committee also notes from the Government’s report and available legislation that United Kingdom legislation identifies several types of work or activities that are likely to harm the health, safety or morals of children. Moreover, the Committee notes that occupations considered to be hazardous for young persons are widespread in the legislation. The Committee also observes that the TUC welcomes the progress made by the Government in extending the types of hazardous work and in laying them in a draft list. The Committee observes that the TUC and CBI were consulted on this draft list. It also notes that the Government intends to review periodically this list in consultation with the TUC and CBI. Consultations are expected to be held on an annual basis. However, according to the TUC, the provisional list of hazardous work prohibited for children under 18 is not satisfactory. It argues that underwater and underground work, manual handling of heavy loads, work in confined spaces, work at dangerous heights, and deep-sea fishing are not included therein.

The Committee draws the attention of the Government to Article 4, paragraph 1, of the Convention which provide that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also draws the Government’s attention to the fact that Paragraph 3 of Recommendation No. 190 provides that in determining the types of such hazardous work, consideration should be given, inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee therefore encourages the Government to adopt, for the sake of clarity, a single comprehensive document compiling the types of work, likely to harm the health, safety or morals of children under 18. When reviewing the types of hazardous work, the Committee trusts that the Government will take due consideration of the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

The Committee notes with interest that the Health and Safety Executive, which is a governmental body responsible for ensuring that risks to people’s health and safety from work activities are properly controlled, is engaged in qualitative researches into the most effective means of communicating health and safety messages to young people. It also observes that the Health and Safety Executive influences vocational courses and qualifications particularly where risks are identified in particular sectors such as woodworking. It also notes that the Government has introduced Health and safety and risk awareness into the national curriculum. This will be supplemented by guidance for teachers which will help them to prepare young people for work experience and the world of work. The Committee further observes that, according to the health and safety statistics at work, provided by the Government, the lowest rate of injury is found in the age group 16-19. Generally speaking, non-fatal injuries increases with age. The Committee accordingly observes that the Government’s measures have a positive impact on keeping children out of hazardous occupations. The Committee encourages the Government to carry on its efforts to raise young persons’ awareness on health and safety measures so as to keep them out of hazardous work.

Article 4, paragraph 2. Identification of hazardous work. The Committee takes due note of the Government’s indication that there are specific regulations in identified areas of significant risks, e.g. relating to lead or ionizing radiation and agriculture. It also notes that the Health and Safety Executive identified key activities where attention is needed over and above the protection afforded by general regulation. It includes agriculture, woodworking, construction, ceramics and metalworking. The Committee however notes the lack of information on the identification of hazardous work. The Committee accordingly requests the Government to indicate the measures taken or envisaged to identify where the types of hazardous work exist, and to provide information on the findings.

Article 5. Monitoring mechanisms. The Committee takes due note of the Government’s indication that the first tripartite meeting on monitoring Convention No. 182 was held in May 2003. Participants included officials from various government departments as well as representatives from the TUC and CBI. The Committee requests the Government to provide information on the outcome of this meeting.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee takes note of the United Kingdom draft programme of action to combat the worst forms of child labour provided by the Government. This programme aims at strengthening the legislative framework which contributes to combating child labour in the United Kingdom. It is also based on the monitoring and inspection of children’s welfare at work. The programme further focuses on raising awareness through the production and dissemination of good practices together with promoting Convention No. 182 nationally and internationally. The Committee also notes that the TUC and CBI were consulted on this draft programme. The Committee requests the Government to indicate if this programme of action was launched, and to provide details of its achievements, if any.

The Committee notes that the Government initiated "Project Reflex" which is a practical multi-agency taskforce on organized immigration crime which includes people trafficking. It brings together all the key agencies involved in combating the problem, including the immigration service, the national criminal intelligence service, the security and intelligence agencies and key police forces. Under this project, a ground-breaking joint operational unit comprising the national crime squad and immigration services officers was set up. Its three main tasks are to develop intelligence leads for the operational arm, to carry out surveillance and to provide legal assistance to investigations with a view to future prosecutions. The Committee requests the Government to provide information on the achievements and impact of Project Reflex, especially with regard to child trafficking.

Article 7, paragraph 1. Penalties. The Committee takes due note of the Government’s indication, in its report, on the applicable penalties, including penal sanctions for person contravening the legal provisions regarding the worst forms of child labour. The Committee observes, for instance, that according to section 145 of the Nationality, Asylum and Immigration Act, 2002 a person who is convicted for the trafficking of a child under 18 years of age for the purpose of controlling him/her in prostitution is liable to imprisonment for a term not exceeding 14 years, or/and an unlimited fine. Section 146(4) further states that when the offender is sentenced to imprisonment of at least 12 months, he/she will be disqualified from working with children in the future, whether in a paid or unpaid occupation. The Committee also notes that a person who pays for sexual services with a child of under 18 years of age, is liable to imprisonment for a term not exceeding 14 years (section 47(4) of the Sexual Offences Act, 2003). If the victim is under 13 years of age, the offender is then liable to life imprisonment (section 47(3) of the Sexual Offences Act). A person causing or inciting a child to become a prostitute or to be involved in pornography is liable to imprisonment for a term not exceeding 14 years (section 48(2)(b) of the Sexual Offences Act). The Committee further notes that an employer who contravenes the provisions on the employment of children shall be liable to a fine not exceeding £1,000 (section 21 of the Children and Young Person’s Act 1933, as amended).

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes note of the absence of information in the Government’s report on the existence of time-bound and effective measures: (c) to ensure access to free basic education for all children removed from the worst forms of child labour; and (e) taking into account of the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(c) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s indication that education in the United Kingdom is compulsory, free and universal between the ages of 5 (4 in Northern Ireland) and 16 years. It also notes that the Government is committed to increasing the availability of free, high-quality early education (i.e. for children under 4 or 5 years old); and encouraging more young people to continue in education and training beyond 16 years of age. The Committee asks the Government to provide information on the means used to encourage children aged 16 to 18 to remain in education and the results attained.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that the Government published the guidance on interagency working to safeguard and promote the welfare of children, which was reinforced and expanded by the "Safeguarding children involved in prostitution guidance - Supplementary guidance on working together to safeguard children" in 2000. The Committee also takes due note of the information provided by the Government concerning the National Plan for Safeguarding Children From Commercial Sexual Exploitation published in September 2001. The guidance includes paragraphs on child pornography and the Internet, and children involved in prostitution. It aims at reinforcing cooperation between all agencies and professionals to work together to: (a) recognize the problem of the sexual exploitation of children; (b) treat the children involved primarily as victims of abuse; (c) safeguard children and promote their welfare; (d) work together to prevent abuse and provide children with opportunities and strategies to exit from prostitution; (e) investigate and prosecute those who coerce, exploit and abuse children through prostitution. The National Plan also provides for the establishment of Area Child Protection Committees (ACPCs). ACPCs bring together relevant statutory and voluntary bodies to consider both strategic planning and coordinating services to protect children from abuse, especially commercial sexual exploitation. The Committee takes due note that the Department of Health commissioned a short-term project to provide basic quantitative data to measure the extent to which the guidance is being implemented throughout the United Kingdom. However, the Committee observes that the data are not precise with regard to the number of children involved in prostitution. It solely shows that ACPCs are aware of children engaged in prostitution. The Committee asks the Government to continue to provide information on the achievements of the National Plan for Safeguarding Children From Commercial Sexual Exploitation, and its impact with regard to removing children from commercial sexual exploitation and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. 1. Children used in drug trafficking. The Committee notes the Government’s indication that the needs of children involved in drug trafficking are taken into account in the Home Office general guidance to police in respect of action to disrupt supply. However, no specific guidance has been produced to date to encourage police to proactively identify children involved in trafficking. The Committee also notes the Government’s statement that the Home Office will ensure during 2002-03 that the support material for police forces includes specific reference regarding the need to work to reduce the numbers of children involved in trafficking through arrest and publicity of the risks involved in trafficking. The Committee asks the Government to provide information on the concrete measures taken to reduce the numbers of children involved in trafficking and their impact.

2. Child prostitution and pornography. The Committee notes that the National Plan for Safeguarding Children From Commercial Sexual Exploitation indicates that appropriate responses to the needs of particularly vulnerable groups shall be identified. The following are considered to be vulnerable groups: children in public care, children who go missing, refugees and asylum-seeking children and children involved in the entertainment and sports industries. The Committee observes that the Government financially supports voluntary organizations that provide services and support for young people at risk of becoming involved in prostitution. The Committee requests the Government to indicate the time-bound measures taken or envisaged to protect these children from commercial sexual exploitation.

The Committee observes that the Government increased the resources available to the police to investigate computer pornography and established a Task Force on Child Protection on the Internet. The Task Force is considering the adequacy of the criminal law to protect children on the Internet, information and public awareness. The Committee requests the Government to provide information on the findings of the Task Force and the impact of its actions.

The Committee notes the Government’s indication that the Home Office Crime Reduction programme is funding four projects concerning children and young persons who are either at risk of or actively engaged in sex work and sexual exploitation. The Committee asks the Government to provide examples of concrete measures taken pursuant to the Home Office Crime Reduction programme and the results attained.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. Noting the absence of information in the Government’s reports on this point, the Committee requests the Government to indicate the authority or authorities responsible for the implementation of the provisions giving effect to the Convention.

Article 8. 1. International cooperation. The Committee notes that the United Kingdom is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government signed in 1992 the United Nations Convention on the Rights of the Child; in 2000, the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography; in 2003, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict; the United Nations Convention for Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others. The Committee further observes that the Government provides substantial financial and technical assistance to ILO/IPEC and supports other international agencies such as UNICEF. It notes with interest that the Government works with other governments and non-governmental organizations to address the problem of child labour. Thus, the Department for International Development (DFID) provided approximately £3 million for a programme in the Greater Mekong region, covering parts of Cambodia, China, Laos, Thailand and Viet Nam. This programme seeks to address the prevention, protection and rehabilitation of trafficked women and children. It also observes that the United Kingdom is working in India with the Government and the ILO on a state-based programme for the elimination of child labour in Andhra Pradesh, and on a national child labour survey. In Bangladesh, the United Kingdom is supporting primary education programmes which target hard to reach children engaged in hazardous labour and which plan to support the design of the Time-Bound Programme for the Elimination of Child Labour. In Pakistan, support has been provided for the programme to protect the rights and livelihoods of working children in football stitching and other industries. The Committee notes that the Government of the United Kingdom and the Philippines signed, in 1997, a Memorandum of Understanding to cooperate to combat the sexual exploitation of children. The Committee asks the Government to provide information on the impact of these technical cooperation programmes.

2. Regional cooperation. The Committee observes that the Government is contributing to the EU STOP Programme, which provides support to member State organizations responsible for action against the trade in human beings and the sexual exploitation of children. The Committee further notes that the Government participated in the establishment of Asia-Europe Meeting (ASEM) resource centre. This centre aims at providing information about combating child sexual exploitation such as the legislation in force in ASEM countries, best practices in the implementation of policies and guidelines on child protection, and contacts in each country for police, prosecution, and immigration.

3. Elimination of poverty. The Committee notes that the United Kingdom is committed to the promotion of social and economic development, and the elimination of poverty. Indeed, the United Kingdom supports wide-ranging programmes for poverty elimination and development. These programmes focus on extending primary education, creating economic opportunities and improving governments’ ability to work for poor people. These programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour. The Committee asks the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that there are cases of violations of child labour legislation or health and safety laws. The Committee would be grateful if the Government would supply a copy of courts’ decisions on breaches of the legislation on child employment, health and safety and criminal laws concerning the worst forms of child labour.

Part V. The Committee notes the Government’s and TUC’s indications that there is currently no accurate, reliable data in existence within the United Kingdom regarding the trafficking of children, the number of children involved in prostitution or in hazardous occupations in the United Kingdom. Thus, the Government estimates that between 140 and 1,400 women and children are trafficked each year into the United Kingdom for the purposes of sexual exploitation. It also notes that due to the hidden nature of the act it is difficult to have such data. The Committee nevertheless strongly encourages the Government to collate reliable statistics to establish the number, age, origins or destination of trafficked children, child prostitutes and children involved in the worst forms of child labour. Such statistics would be helpful to launch appropriate programmes of action.

The Committee also notes the Government’s indication, in its report, that since 1997 there have been 14 prosecutions relating to offences connected with the employment of young persons below the age of 18. Nine notices have been issued and eight prosecutions have been taken under the Prevention of Accidents to Children in Agriculture Regulations, 1998 since they came into force in 1999. It also observes that the Health and Safety Executive in the United Kingdom took forward 102 cases of illegal child employment and secured 81 convictions between 1986-87 and 2001. The Committee asks the Government to provide information on the types of sanctions imposed by courts for the violation of the legal provisions related to the worst forms of child labour. It would be grateful if the Government would continue to supply information on the numbers of violations of child labour related legislation, investigations, prosecutions, convictions and penalties imposed.