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The Laws international standards on child labor and forced labor discussed in this tool kit neither reflect nor have any bearing on standards in U.S. law.

The internationally recognized definition of forced or compulsory labor is found in ILO Convention 29. According to this Convention, forced or compulsory labor is "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily." There are four key elements to this definition, and indicators related to each element, as set forth below. The combination of indicators for each situation must be analyzed in order to determine whether the situation is one of forced labor or not. All work or service: This includes all types of work, service and employment, regardless of the industry, sector or occupation within which it is found, and encompasses legal and formal employment as well as illegal and informal work. Any person: This refers to adults and children. Menace of any penalty: This refers to a worker believing he or she will face a penalty if they refuse to work. "Menace" means the penalty need not be exacted, but rather, that threats of penalty may be sufficient, if the employee believes the employer will exact the penalty. A wide variety of penalties, such as confinement to the workplace, violence against workers or family members, retention of identity documents, dismissal from employment, and non-payment of wages, or other loss of rights or privileges, may be sufficient to fulfill this element of the test for forced labor.Voluntary: This refers to workers’ consent to enter into employment and their freedom to leave the employment at any time, with reasonable notice in accordance with national law or collective agreements. In essence, persons are in a forced labor situation if they enter work or service against their free choice, and cannot leave it without penalty or the threat of penalty. Involuntariness does not have to result from physical punishment or constraint; it can also stem from other forms of retaliation, such as the loss of rights or privileges or non-payment of wages owed. Note that a worker can be considered to be in forced labor even if his or her consent was given, if that consent was obtained through the use of force, abduction, fraud, deception or the abuse of power or a position of vulnerability, or if the consent has been revoked.

ILO Convention 105 further specifies that forced labor should never be used for the purpose of economic development or as a means of political coercion, discrimination, labor discipline or punishment for having participated in strikes.

A child or children are minors under the age of 18 years.

Child labor includes those children (minors under age 18) working in the worst forms of child labor (WFCL) as outlined in International Labor Organization (ILO) Convention 182 and children engaged in work that is exploitative and/or interferes with their ability to participate in and complete required years of schooling, in line with ILO Convention 138. ILO Convention 182 defines the WFCL as: all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict; the use, procuring or offering of a child for prostitution, the production of pornography or for pornographic performances; the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; and work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

According to ILO Convention 182, hazardous work "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..." As this suggests, forms of work identified as "hazardous" for children [Article 3(d)] may vary from country to country. ILO Recommendation No. 190, which accompanies ILO Convention 182, gives additional guidance on identifying "hazardous work." ILO Recommendation No. 190 states in Section II, Paragraph 3 that "[i]n determining the types of work referred to under Article 3(d) of the Convention [ILO Convention 182], and in identifying where they exist, consideration should be given, inter alia to: work which exposes children to physical, psychological, or sexual abuse; work underground, under water, at dangerous heights or in confined spaces; work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; 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; 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."

Child labor spans nearly every sector and kind of work. Children harvest cotton in Uzbekistan, work as domestic servants in Haiti and mine diamonds in the Central African Republic. It is important to recognize that not all work performed by children is exploitative. Children of legal working age who perform work that does not hinder their mental, physical or emotional development can be an asset to their families' welfare and their nations' economic development. Activities that would qualify as non-exploitative under these international standards include performing household chores, assisting parents in a family business outside of school hours, and working in non-hazardous activities after school or during vacations to earn extra income.

Anti-Slavery International, “What Is Forced Labor?” accessed November 25, 2011; available from http://www.antislavery.org/english/slavery_today/forced_labour.aspx.

International Labor Organization Convention 29 (Forced Labor Convention); available from http://www.ilo.org/dyn/normlex/en/f?p=1000:12100:0::NO::P12100_INSTRUMENT_ID:312174.

International Labor Organization, A global alliance against forced labour, Geneva, 2005; available from http://www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/rep-i-b.pdf.

International Labor Organization, Report of the Committee on Labour Administration, Geneva, June 15, 2011; available from http://www.ilo.org/ilc/iLCSessions/100thSession/reports/provisional-records/WCMS_157704/lang--en/index.htm.

International Labor Organization, The cost of coercion: Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, Geneva; 2009; available from http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/.

International Labor Organization, ILO Global Estimate of Forced Labour: Results and Methodology, Geneva, 2012; available from http://www.ilo.org/washington/WCMS_182004/lang--en/index.htm.

International Labour Organization, Combating Forced Labour: A Handbook for Employers and Business, Geneva, 2008; available from http://www.ilo.org/sapfl/Informationresources/ILOPublications/WCMS_101171/lang--en/index.htm.

ILO-SAPFL, “Eradicating forced labor from supply chains,” Webinar, accessed November 23, 2011; available from http://www.unglobalcompact.org/docs/issues_doc/labour/webinars/.

International Trade Union Confederation. Mini Action Guide on Forced Labour, Brussels, 2008; available from http://www.ituc-csi.org/IMG/pdf/guide_forced_labour_EN.pdf.

International Trade Union Confederation. How to Combat Forced Labour and Human Trafficking, Brussels, 2010; available from http://www.ituc-csi.org/ituc-guide-how-to-combat-forced.html?lang=en.

Organization for Security and Co-operation in Europe, Human traffickers exploit economic crisis, redoubled prevention efforts urgently needed, warns high-level conference at OSCE, Press Release, Vienna, September 14, 2009; available from http://www.osce.org/node/51307.

UNODC, Fact-sheet on the Impact of the Economic Crisis on Trafficking in Persons and Smuggling Immigrants, 2009; available from http://www.unodc.org/documents/human-trafficking/.



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