Child Labor, Forced Labor, and Forced or Indentured Child Labor in the Production of Goods in Foreign Countries and Efforts by Certain Countries To Eliminate the Worst Forms of Child Labor, 8402-8406 [2010-3655]

Agencies

• DEPARTMENT OF LABOR

[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8402-8406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3655]


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DEPARTMENT OF LABOR


Child Labor, Forced Labor, and Forced or Indentured Child Labor 
in the Production of Goods in Foreign Countries and Efforts by Certain 
Countries To Eliminate the Worst Forms of Child Labor

AGENCY: The Bureau of International Labor Affairs, United States 
Department of Labor.

ACTION: Notice; request for information.

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SUMMARY: This notice is two related requests for information to be used 
by the Department of Labor (DOL) in preparation of its reporting under 
Congressional mandates and Presidential directive. The first request 
seeks information on the use of forced labor, child labor, and/or 
forced or indentured child labor in the production of goods 
internationally, as well as information on government, industry, or 
third-party actions and initiatives to address these problems. DOL will 
use the information as appropriate to maintain the list of goods that 
the Bureau of International Labor Affairs (ILAB) has reason to believe 
are produced by child labor or forced labor in violation of 
international standards under Trafficking Victims Protection 
Reauthorization Act (TVPRA) of 2005, Section 105(b), and the List of 
Products Produced by Forced or Indentured Child Labor under Executive 
Order 13126 of 1999. The second request seeks additional information on 
exploitive child labor, which DOL will use to produce an annual report 
on certain trade beneficiary countries' implementation of international 
commitments to eliminate the worst forms of child labor. This will be 
the ninth such report by DOL under the Trade and Development Act of 
2000 (TDA). For information on terms and definitions used here, please 
see the ``Terms and Definitions'' section of this notice.

DATES: Submitters of information are requested to provide their 
submission to the Office of Child Labor, Forced Labor and Human 
Trafficking at the e-mail or physical address below by 5 p.m., April 9, 
2010.

ADDRESSES: E-mail submissions should be addressed to Tina McCarter at 
mccarter.tina@dol.gov or Leyla Strotkamp at strotkamp.leyla@dol.gov. 
Written submissions should be addressed to Ms. McCarter or Ms. 
Strotkamp at the Office of Child Labor, Forced Labor and Human 
Trafficking, Bureau of International Labor Affairs, USDOL, 200 
Constitution Avenue, NW., Room S-5317, Washington, DC 20210, or faxed 
to (202) 693-4843.

FOR FURTHER INFORMATION CONTACT: Tina McCarter or Leyla Strotkamp (see 
contact information above). DOL's international child labor and forced 
labor reports can be found on the Internet at https://www.dol.gov/ILAB/media/reports/iclp/main.htm or can be obtained from the Office of Child 
Labor, Forced Labor and Human Trafficking (OCFT).

SUPPLEMENTARY INFORMATION: Section 105(b)(1) of the Trafficking Victims 
Protection Reauthorization Act of 2005 (``TVPRA of 2005''), Public Law 
109-164 (2006), directed the Secretary of Labor, acting through ILAB, 
to ``develop and make available to the public a list of goods from 
countries that the Bureau of International Labor Affairs has reason to 
believe are produced by forced labor or child labor in violation of 
international standards.''
    Pursuant to this mandate, in December 2007 DOL published in the 
Federal Register a set of procedural guidelines that ILAB follows in 
developing the list of goods (72 FR 73374). The guidelines set forth 
the criteria by which information is evaluated; established procedures 
for public submission of information to be considered by ILAB; and 
identified the process ILAB follows in maintaining and updating the 
list after its initial publication.
    On September 10, 2009, ILAB released its initial list of goods from

[[Page 8403]]

countries (TVPRA list). This list will be updated periodically, as 
additional countries and territories are researched and new information 
for countries and territories already reviewed is monitored. For a copy 
of the initial TVPRA report, Frequently Asked Questions, and other 
materials relating to the list's release, see ILAB's TVPRA Web page at: 
https://www.dol.gov/ILAB/programs/ocft/tvpra.htm.
    Executive Order No. 13126 (EO 13126) declared that it was ``the 
policy of the United States Government * * * that the executive 
agencies shall take appropriate actions to enforce the laws prohibiting 
the manufacture or importation of goods, wares, articles, and 
merchandise mined, produced or manufactured wholly or in part by forced 
or indentured child labor.'' Pursuant to the EO 13126, and following 
public notice and comment, the Department of Labor published in the 
January 18, 2001, Federal Register, a final list of products (the 
``List''), identified by their country of origin, that the Department, 
in consultation and cooperation with the Departments of State and 
Treasury [relevant responsibilities now within the Department of 
Homeland Security], had a reasonable basis to believe might have been 
mined, produced or manufactured with forced or indentured child labor 
(66 FR 5353). In addition to the List, the Department also published on 
January 18, 2001, ``Procedural Guidelines for Maintenance of the List 
of Products Requiring Federal Contractor Certification as to Forced or 
Indentured Child Labor'' (Procedural Guidelines), which provide for 
maintaining, reviewing, and, as appropriate, revising the List (66 FR 
5351). Based on DOL research and information submitted by the public, 
DOL issued an initial determination on September 11, 2009, announcing 
proposed updates to the E.O. 13126 list and requesting public comments. 
The current List, the Procedural Guidelines, and the initial 
determination can be accessed on the Internet at https://www.dol.gov/ILAB/regs/eo13126/main.htm.
    Pursuant to Sections D through G of the Procedural Guidelines, the 
EO 13126 List may be updated through considerations of submissions by 
individuals or through OCFT's own initiative.
    The Trade and Development Act of 2000 [Pub. L. 106-200] established 
a new eligibility criterion for receipt of trade benefits under the 
Generalized System of Preferences (GSP), Caribbean Basin Trade and 
Partnership Act (CBTPA), and Africa Growth and Opportunity Act (AGOA). 
The TDA amends the GSP reporting requirements of the Trade Act of 1974 
(Section 504) [19 U.S.C. 2464] to require that the President's annual 
report on the status of internationally recognized worker rights 
include ``findings by the Secretary of Labor with respect to the 
beneficiary country's implementation of its international commitments 
to eliminate the worst forms of child labor.'' Title II of the TDA and 
the TDA Conference Report [Joint Explanatory Statement of the Committee 
of Conference, 106th Cong. 2d sess. (2000)] indicate that the same 
criterion applies for the receipt of benefits under CBTPA and AGOA, 
respectively.
    In addition, the Andean Trade Preference Act (ATPA), as amended and 
expanded by the Andean Trade Promotion and Drug Eradication Act 
(ATPDEA) [Pub. L. 107-210, Title XXXI], includes as a criterion for 
receiving benefits ``[w]hether the country has implemented its 
commitments to eliminate the worst forms of child labor as defined in 
section 507(6) of the Trade Act of 1974.''

Information Requested for TVPRA and Executive Order 13126 Lists

    DOL seeks information on the nature and extent of child labor, 
forced labor, and forced or indentured child labor in the production of 
goods in foreign countries. Submitters should take into consideration 
the definitions of child labor, forced labor, and forced or indentured 
child labor provided at the end of this notice. Information tending to 
establish the presence or absence of a significant incidence of these 
problems in the production of a particular good in a country will be 
considered the most relevant and probative.
    DOL also seeks information on government, industry, or third-party 
actions and initiatives to address these issues. Information on such 
actions and initiatives will be taken into consideration, although they 
are not necessarily sufficient in and of themselves to prevent a good 
and country from being listed. In evaluating such information, ILAB 
will consider particularly relevant and probative any evidence of 
government, industry, and third-party actions and initiatives that are 
effective in significantly reducing if not eliminating child labor, 
forced labor, and forced or indentured child labor.
    In the interest of transparency, classified information will not be 
accepted. Where applicable, information submitted should indicate their 
source or sources, and copies of the source material should be 
provided. If primary sources are utilized, such as research studies, 
interviews, direct observations, or other sources of quantitative or 
qualitative data, details on the research or data-gathering methodology 
should be provided.

Scope of TDA Report

    Countries and non-independent countries and territories presently 
eligible under the GSP and to be included in the report are: 
Afghanistan, Albania, Algeria, Angola, Anguilla, Argentina, Armenia, 
Azerbaijan, Bangladesh, Belize, Benin, Bhutan, Bolivia, Bosnia and 
Herzegovina, Botswana, Brazil, British Indian Ocean Territory, British 
Virgin Islands, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, 
Central African Republic, Chad, Christmas Island, Cocos Islands, 
Colombia, Comoros, Democratic Republic of the Congo, Republic of Congo, 
Cook Islands, Cote d'Ivoire, Croatia, Djibouti, Dominica, East Timor, 
Ecuador, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Falkland Islands, 
Fiji, Gabon, the Gambia, Georgia, Ghana, Gibraltar, Grenada, Guinea, 
Guinea-Bissau, Guyana, Haiti, Heard Island and McDonald Islands, India, 
Indonesia, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, 
Kyrgyz Republic, Lebanon, Lesotho, Liberia, Macedonia, Madagascar, 
Malawi, Maldives, Mali, Mauritania, Mauritius, Moldova, Mongolia, 
Montenegro, Montserrat, Mozambique, Namibia, Nepal, Niger, Nigeria, 
Niue, Norfolk Island, Pakistan, Panama, Papua New Guinea, Paraguay, 
Philippines, Pitcairn Islands, Russia, Rwanda, Saint Helena, Saint 
Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, 
Sao Tom[eacute] and Principe, Senegal, Serbia, Seychelles, Sierra 
Leone, Solomon Islands, Somalia, South Africa, Sri Lanka, Suriname, 
Swaziland, Tanzania, Thailand, Togo, Tokelau Island, Tonga, Trinidad 
and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Tuvalu, Uganda, 
Ukraine, Uruguay, Uzbekistan, Vanuatu, Venezuela, Wallis and Futuna, 
West Bank and Gaza Strip, Western Sahara, Republic of Yemen, Zambia, 
and Zimbabwe.
    Countries eligible or potentially eligible for additional benefits 
under the AGOA and to be included in the report are: Angola, Benin, 
Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Comoros, 
Republic of Congo, Democratic Republic of the Congo, Djibouti, 
Ethiopia, Gabon, the Gambia, Ghana, Guinea, Guinea Bissau, Kenya, 
Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Mozambique, 
Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, 
Seychelles, Sierra

[[Page 8404]]

Leone, South Africa, Swaziland, Tanzania, Togo, Uganda, and Zambia.
    Countries potentially eligible for additional benefits under the 
CBTPA and to be included in the report are: Barbados, Belize, Guyana, 
Haiti, Jamaica, Panama, Saint Lucia, and Trinidad and Tobago.
    Countries potentially eligible for additional benefits under the 
ATPA/ATPDEA and to be included in the report are: Colombia, Ecuador, 
and Peru.
    In addition, the following countries will be included in the report 
in accordance with the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriation Bill, 2010, S. Rep. 
111-066 (2009): Bahrain, Chile, Costa Rica, Dominican Republic, El 
Salvador, Guatemala, Honduras, Morocco, Nicaragua, Oman, and Peru.

Information Requested for TDA Report

    The Department invites interested parties to submit information 
relevant to the findings to be made by DOL under the TDA for any or all 
listed countries. Information provided through public submission will 
be considered by DOL in preparing its findings. Materials submitted 
should be confined to the specific topic of the study. Please see the 
``Terms and Definitions'' section of this notice for a definition of 
the worst forms of child labor. The reporting period for which 
information is requested is calendar year 2009. In cases in which 
source materials, such as reports or statistics on inspections, 
prosecutions and convictions, are not available for 2009, DOL will 
generally consider sources with data up to five years old (i.e. data 
not older than January 2004). DOL appreciates the extent to which 
reference periods are clearly indicated in submissions.
    In making submissions, interested parties are requested to consider 
DOL's 2008 Findings on the Worst Forms of Child Labor (TDA report), 
which may be found online at: https://www.dol.gov/ilab/programs/ocft/PDF/2008OCFTreport.pdf. Those making submissions should note, however, 
that information requested this year has changed.
    In particular, ILAB is seeking information on the following topics:

(A) Prevalence and Sectoral Distribution of Child Labor

    DOL seeks information on the nature and extent of the worst forms 
of child labor in the countries listed above. Children's involvement in 
the worst forms of child labor may be related to the production of 
goods, but may also occur in sectors not related to the production of 
goods, such as trafficking, armed conflict, or prostitution, as well as 
hazardous work in activities such as domestic service, street vending, 
or begging. In the case of trafficking of children, the report 
typically provides information specifying the type of exploitation 
involved, whether for commercial sex or for labor exploitation, and if 
for the latter, the industries into which children are trafficked and 
the goods that they produce. In providing such information, please note 
that the TDA report also attempts to address the extent to which 
children are trafficked across national borders or within the country 
(specifying source, destination and transit countries/regions/
communities).
    Note that in order to provide comparable statistics on child work 
and education across countries in the TDA report, DOL relies on the 
Understanding Children's Work Project (see https://www.ucw-project.org/) 
and UNESCO Institute of Statistics data (https://stats.uis.unesco.org/); 
therefore, such data is NOT being requested in this Notice.

(B) Laws and Regulations

    DOL also seeks information on new laws or regulations enacted in 
regard to the worst forms of child labor over the past year, and to 
what extent, if any, these changes constitute improvements in the legal 
and regulatory framework. Based on this, and other information gathered 
and consistent with the goals of the TDA Report, DOL aspires to adjudge 
whether each relevant country/territory's legal and regulatory 
framework adequately addresses the worst forms of child labor. 
Indications of an inadequate framework would include instances in which 
children have been found working in hazardous conditions, but the 
sector in which they were working is exempted from minimum age laws; 
cases in which boys are being exploited as prostitutes, but the law 
only prohibits female prostitution; or cases in which there are 
prohibitions against worst forms of child labor, but penalties are too 
weak to serve as deterrents.

(C) Part I: Institutional Mechanisms for Effective Enforcement--
Hazardous Child Labor and Forced Child Labor

    DOL also seeks information on the institutional mechanisms for 
effective enforcement of laws relating to hazardous child labor and 
forced child labor, two categories of the worst forms of child labor. 
(Please see ``Terms and Definitions'' below for more information). 
Information describing the agencies responsible for the enforcement of 
laws relating to the worst forms of child labor listed above is of 
particular interest. Similarly, information related to the functioning 
of these agencies in receiving child labor complaints and in enforcing 
applicable laws would be useful. This information will assist in DOL 
attempts to accurately indicate the adequacy of resources dedicated to 
the enforcement of laws relating to hazardous child labor and forced 
child labor, and the results and effectiveness of enforcement efforts.

(C) Part II: Institutional Mechanisms for Effective Enforcement--Child 
Trafficking, Commercial Sexual Exploitation of Children, and Use of 
Children in Illicit Activities

    DOL further seeks information on the institutional mechanisms for 
effective enforcement of laws relating to child trafficking; commercial 
sexual exploitation of children--such as prostitution or pornography; 
and the use of children in illicit activities, the three remaining 
categories of the worst forms of child labor. (Please see ``Terms and 
Definitions'' below for more information.) Information describing the 
agencies responsible for the enforcement of laws relating to these 
worst forms of child labor is of particular interest. Similarly, 
information related to the functioning of these agencies in receiving 
notice of child labor violations and enforcement would be useful. This 
information will assist in DOL attempts to accurately indicate the 
adequacy of resources dedicated to enforcement of laws relating to 
child trafficking, commercial sexual exploitation of children, and the 
use of children in illicit activities, and the results and 
effectiveness of enforcement efforts. In those situations where the 
country/territory experienced armed conflict during the reporting 
period or in the recent past involving the use of child soldiers, the 
report would benefit from information concerning actions taken to 
penalize those responsible and the adequacy of these actions.

(D) Government Policies on Child Labor

    DOL further seeks information on government policies or plans, 
funded or otherwise, regarding the worst forms of child labor and the 
effectiveness of such initiatives. (Please note that DOL will not 
consider anti-poverty, education or other general child welfare 
policies to be addressing worst forms of child labor unless such 
policies or plans have a child labor component. Please also note that 
DOL will not consider anti-poverty, education or other general child 
welfare policies or plans to be addressing worst

[[Page 8405]]

forms of child labor unless they have a child labor component.) 
Included government efforts could also take the form of government 
participation in commissions or task forces regarding worst forms of 
child labor, as well as bilateral, regional or international agreements 
to combat one or more of the worst forms of child labor.

(E) Social Programs To Eliminate or Prevent Child Labor

    DOL also seeks information on government programs, funded or 
otherwise, to combat the worst forms of child labor and the 
effectiveness of such initiatives. Most relevant for the purposes of 
the TDA report is information regarding government-implemented programs 
that specifically address the worst forms of child labor. (Please note 
that DOL considers programs implemented by industry or third parties 
that receive government support, either funding or in-kind, to 
constitute government efforts. Please also note that DOL will not 
consider anti-poverty, education or other general child welfare 
programs to be addressing worst forms of child labor unless they have a 
child labor component.) Relevant information would also include any 
information regarding government actions taken pursuant to bilateral, 
regional or international agreements to combat one or more of the worst 
forms of child labor and the effectiveness of these measures.
    DOL greatly appreciates submission of original sources. Information 
submitted may include reports, newspaper articles, or other materials. 
Governments that have ratified ILO Convention 182 are requested to 
submit copies of their most recent article 22 submissions under the 
Convention, especially those with information on types of work 
determined in accordance with article 4 of the Convention. Governments 
that have not ratified ILO Convention 182 and are members of the ILO 
are requested to submit copies of their recent article 19 submissions.

Terms and Definitions

    Child Labor--``Child labor'' under international standards means 
all work performed by a person below the age of 15. It also includes 
all work performed by a person below the age of 18 in the worst forms 
of child labor as defined in ILO Convention 182 and incorporated into 
provisions (A)-(D) below. The work referred to in subparagraph (D) is 
determined by the laws, regulations, or competent authority of the 
country involved, after consultation with the organizations of 
employers and workers concerned, and taking into consideration relevant 
international standards. This definition will not apply to work 
specifically authorized by national laws, including work done by 
children in schools for general, vocational or technical education or 
in other training institutions, where such work is carried out in 
accordance with international standards under conditions prescribed by 
the competent authority, and does not prejudice children's attendance 
in school or their capacity to benefit from the instruction received.
    Worst Forms of Child Labor--The TDA uses the definition of the 
``worst forms of child labor'' from ILO Convention 182. The term 
``worst forms of child labor'' is defined in section 412(b) of the TDA 
as comprising:

    ``(A) 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;
    (B) the use, procuring or offering of a child for prostitution, 
for the production of pornography or for pornographic performances;
    (C) the use, procuring or offering of a child for illicit 
activities, in particular for the production and trafficking of 
drugs as defined in relevant international treaties; and
    (D) 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.''

    The TDA Conference Report noted that the phrase, ``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,'' is to be defined as 
in article II of Recommendation No. 190, which accompanies ILO 
Convention 182. Commonly referred to as ``hazardous child labor,'' this 
includes:
    ``(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 TDA Conference Report further indicated ``that this phrase be 
interpreted in a manner consistent with the intent of article 4 of ILO 
Convention 182, which states that `such work shall be determined by 
national laws or regulations or by the competent authority in the 
country involved.''' In addition, the TDA Conference report indicated 
that the phrase generally not apply to situations in which children 
work for their parents on bona fide family farms or holdings.
    Forced Labor--``Forced labor'' under international standards means 
all work or service which is exacted from any person under the menace 
of any penalty for its nonperformance and for which the worker does not 
offer himself voluntarily, and includes indentured labor. ``Forced 
labor'' includes work provided or obtained by force, fraud, or 
coercion, including: (1) By threats of serious harm to, or physical 
restraint against any person; (2) by means of any scheme, plan, or 
pattern intended to cause the person to believe that, if the person did 
not perform such labor or services, that person or another person would 
suffer serious harm or physical restraint; or (3) by means of the abuse 
or threatened abuse of law or the legal process. For purposes of this 
definition, forced labor does not include work specifically authorized 
by national laws where such work is carried out in accordance with 
conditions prescribed by the competent authority, including: any work 
or service required by compulsory military service laws for work of a 
purely military character; work or service which forms part of the 
normal civic obligations of the citizens of a fully self-governing 
country; work or service exacted from any person as a consequence of a 
conviction in a court of law, provided that the said work or service is 
carried out under the supervision and control of a public authority and 
that the said person is not hired to or placed at the disposal of 
private individuals, companies or associations; work or service 
required in cases of emergency, such as in the event of war or of a 
calamity or threatened calamity, fire, flood, famine, earthquake, 
violent epidemic or epizootic diseases, invasion by animal, insect or 
vegetable pests, and in general any circumstance that would endanger 
the existence or the well-being of the whole or part of the population; 
and minor communal services of a kind which, being performed by the 
members of the community in the direct interest of the said community, 
can therefore be considered as normal civic obligations incumbent upon 
the members of the community, provided that the members of the 
community or their direct representatives have the right to be

[[Page 8406]]

consulted in regard to the need for such services.
    Forced or Indentured Child Labor means all work or service (1) 
exacted from any person under the age of 18 under the menace of any 
penalty for its nonperformance and for which the worker does not offer 
himself voluntarily; or (2) performed by any person under the age of 18 
pursuant to a contract the enforcement of which is accomplished by 
process or penalties.
    Goods--``Goods'' means goods, wares, articles, materials, items, 
supplies, and merchandise.
    International Standards--``International standards'' means 
generally accepted international standards relating to forced labor and 
child labor, such as international conventions and treaties. These 
Guidelines employ definitions of ``child labor'' and ``forced labor'' 
derived from international standards.
    Produced--``Produced'' means mined, extracted, harvested, farmed, 
produced, created, and manufactured.
    This notice is a general solicitation of comments from the public.

    Signed at Washington, DC, this 18th day of February, 2010.
Sandra Polaski,
Deputy Undersecretary for International Labor Affairs.
[FR Doc. 2010-3655 Filed 2-23-10; 8:45 am]
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