Issue: employment, labor, WORKING CONDITIONS SUB-issue: child labor



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Risk and Opportunities Analysis Tool - Issue Area: Employment, Labor, Working Conditions /

ISSUE: EMPLOYMENT, LABOR, WORKING CONDITIONS SUB-ISSUE: CHILD LABOR

Standard, Version 1

Standard, Version 2

Reference Note and Materials

explaining content of standard/right

Source of Law or Practice

from which standard is derived

Bank-financed activities shall not cause, contribute to or exacerbate the use of child labor. No child younger than 15 years old should be working in the project or program. The minimum working age should not be less than the age of completion of compulsory education. No children under the age of 18 should be working at night or performing dangerous tasks.

None

Child labor: Includes labor that is mentally, physically, socially, or morally dangerous and harmful to children; and interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.

  • ILO portal on Child Labour Standards

  • Fact Sheet 14: Contemporary Forms of Slavery

  • Fact Sheet No.10 (Rev.1), The Rights of the Child

  • Committee on the Rights of the Child General comment No. 16 (2013) on State obligations regarding the impact of the business sector on children’s rights*

  • GENERAL COMMENT No. 5 (2003) General measures of implementation of the Convention on the Rights of the Child Arts 4, 42, and 44, para 6

  • Convention concerning Minimum Age for Admission for Employment Art 1, 2

  • Convention on the Rights of the Child article 32

  • Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour Art 1, 2

Risk Indicator Questions

Impact Assessment Indicator Questions

Data Sources to Answer Indicator Questions

  1. Project/Program Area and Contextual Risks.

Trigger: All projects/programs to answer these questions.

    1. Have there been reports of child labor in the project/program sector or in the project/program area?

How will this risk impact the project/program? How can the project/program contribute to this need?

ILO reports, national labor ministry, Understanding Children’s Work (UCW)- Country Statistics on Child Labour, International Trade Union Confederation (ITUC) Annual Survey of Violation of Trade Union Rights

    1. Is national legislation in compliance with international minimum age standards? Is it enforced?

How will this risk impact the project/program? How can the project/program contribute to this need?

ILO reports, national legislation

  1. Project/Program Direct Risks.

Trigger: Will the project/program involve labor or employment? If Yes, …

For each question, answer: What impacts will be felt by different groups? How will adverse impacts be prevented or mitigated? How will opportunities for benefits be realized?

Project documents

    1. Do the employer and contractors have a minimum employment age consistent with national law and international standards? Does the employer or any contractors have a history of child labor?

Do the employer and contractors have a minimum employment age consistent with national law and international standards? Does the employer or any contractors have a history of child labor?

Project documents

    1. Could the project/program face any challenges in ensuring that it does not cause, contribute to or exacerbate child labor?

How will the project/program impact child labor? What challenges could the project/program face in ensuring that it does not cause, contribute to or exacerbate child labor? How will these be addressed?




    1. Could there be children under the age of 15 working in the project (or under the age of 18 if the work is dangerous)?

Could there be children under the age of 15 working in the project (or under the age of 18 if the work is dangerous)?

Project documents

    1. Could the project involve trafficked labor?

Could the project involve trafficked labor?

Project documents

    1. Does the implementing entity have the demonstrated capacity to implement projects/programs in compliance with this standard? Are there opportunities to build capacity in this area?

Does the implementing entity have the demonstrated capacity to implement projects/programs in compliance with this standard? How will the project/program address capacity needs and make use of capacity building opportunities?

Implementation reports

  1. Project/Program Indirect Risks.

Trigger: All projects/programs to answer these questions. If Yes, proceed to Direct Risk questions.

    1. Could the project/program facilitate development in other sectors or areas with issues of child labor?




Project documents, ILO reports

    1. Could the project/program impact adult employment, livelihoods, access to land, poverty or other drivers of child labor?




Project documents

    1. Could the project/program impact national labor enforcement capacity?








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GENERAL FEEDBACK

  1. Do you have suggestions on the breakdown of Issue Areas or Sub-Issues or suggestions for consolidation? _________________________

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  1. Other general comments? __________________________________________________________________________________________

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ISSUE AREA FEEDBACK

Issue Area: EMPLOYMENT, LABOR, WORKING CONDITIONS Sub-Issue: CHILD LABOR


Standard: Do you prefer Version 1 or Version 2? _______________________________
Explanation or edit: ___________________________________________________________________________________________________

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Reference note: Comment, additions, or edits: ______________________________________________________________________________

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Indicator Questions and Data Sources:


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Comment on Risk Indicator Question

Comment on Impact Assessment Question

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BHRC Draft - Sept 2015



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