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PART II - ELEMENTS OF A STRATEGIC CANADIAN FOREIGN POLICY FRAMEWORK FOR ACTION ON CHILD LABOUR

1. Canadian Leadership within International Organizations and the Multilateral System

Action through the United Nations

The United Nations is the broadest forum in which Canada can use its voice, diplomatic engagement with other nations' governments, and material contributions to address the full range of conditions that must come into play in finding solutions to problems of child labour exploitation. Canada should work through the United Nations Development Programme (UNDP) and UNICEF's program on Children In Especially Difficult Circumstances, in particular to increase and strengthen projects aimed at providing sustainable alternatives for high-risk child workers (e.g., in situations of bondage or of danger to life and health). Canada should also incorporate into its action strategy the "next steps" priority initiatives in UNICEF's The State of the World's Children 1997.

Leadership should be expected from Canada, having played an important role in establishing the 1989 UN Convention on the Rights of the Child and co-chairing the 1990 World Summit for Children which ennunciated a ten-year Plan of Action. Since then, the UN Commission on Human Rights has adopted in 1993 a "Programme of Action for the Elimination of the Exploitation of Child Labour". The issues have also received attention through its Sub-Commission on Prevention of Discrimination and Protection of Minorities and through its office of Special Rapporteur on the sale of children, child prostitution and pornography. Nevertheless, the gaps in the international protection of children's rights are often more impressive than the declared intentions of states at international meetings. While the vast majority of UN members have ratified the Convention on the Rights of the Child, the United States has not, and many countries have noted reservations on their ratifications or been lax in providing required reports on compliance. It was also alleged during our hearings that Canadian legislation remains inadequate to implement the provisions of Article 32 of the Convention, which deals with child labour.

The UN and its maze of specialized agencies is such that there is a risk of Canada dispersing its energies. Canada should therefore strive to build like-minded coalitions of UN member states for collaborative actions targetting matters of compelling importance, while offering encouragement and assistance to developing countries that are trying to meet their obligations to children under UN human rights instruments. In that spirit, we concur with the recommendations of Kathleen Ruff that Canada accord a high priority within these international forums to pressing for urgent action to end bonded child labour. We also support Yogesh Varhade's recommendation for fully utilizing UN instruments in programs of human rights education in South Asian countries to combat forms of cultural oppression (some nominally illegal but persisting in practice) that afflict millions of child workers. At the same time, we note Professor Errol Mendes' caution that countries such as India may be more amenable to working cooperatively through bilateral channels than to high-profile international campaigns which tend to put them on the defensive. While international bodies should condemn serious rights violations, publicize their findings and share their expertise, the overriding aim should be to achieve results that truly benefit children within a supportive family and socio-economic context.

Action on Commercial Sexual Exploitation and Child Soldiers

While the Subcommittee did not hear a great deal of evidence on these issues, they are clearly of concern to Members and were appropriately included by Minister Axworthy among the government's priorities for international action. The government has also moved appropriately, with Bill C-27, to strengthen Canada's domestic legislation to allow the prosecution of Canadian citizens who commit sex crimes against children beyond our borders. As well, the government is working with the UN Human Rights Commission to develop an optional protocol to the Convention on the Rights of the Child to deal with matters relating to the sale of children, child prostitution and pornography. And there is now an inter-departmental committee at work to follow up the Agenda for Action agreed to by the World Congress against Commercial Sexual Exploitation of Children held in Stockholm in August 1996.

While we applaud these initiatives, we hope that the government will be open to suggestions from NGOs and others with expertise working in countries where the child "sex trade" has become a major problem. In the November 27, 1996 roundtable, for example, World Vision Canada made recommendations for Canada to: register its concerns in commercial discussions with Asian countries, such as in the context of the recent "Team Canada" mission; to expand the scope of extra-territorial legislation on child prostitution; and to take strict precautionary measures in order to guard against any possibility of involvement by Canadian peacekeeping troops in child sexual exploitation.

With regard to the situation of children in armed conflicts and especially of child soldiers, this was the subject of UNICEF's State of the World's Children 1996 report and most recently of the report to the United Nations by the expert of the Secretary General, Ms. Graca Machel. Among its numerous recommendations is that: "States should ensure the early and successful conclusion of the drafting of the optional protocol to the Convention on the Rights of the Child on involvement of children in armed conflicts, raising the minimum age of recruitment and participation in the armed forces to 18 years."22 During Canada's participation in the UN working group drafting this protocol, difficulties have arisen over the minimum age for voluntary recruitment. Nevertheless, World Vision Canada's brief to the Subcommittee urged that Canada at least affirm a UN standard raising the minimum conscription age to 18. It was also proposed by them that "Canada declare a ban on the export of military equipment and technology to any nation or sub-national faction employing child soldiers pursuant to the UN Convention on the Rights of the Child." [November 27, 1996, p.8.]

Action within the International Labour Organization

The ILO is the oldest international organization to have taken the lead in the fight against child labour, approving a limited minimum age convention at its first session in 1919. That has since been superceded in 1973 by its general Minimum Age Convention No. 138. So far, however, only 49 countries have ratified No. 138 (versus Article 32 of the Convention on the Rights of the Child, which has been ratified by 187 states). Canada is among the majority of ILO members which has not ratified No. 138, the official reason being that no jurisdiction, provincial or federal, fully meets all of its restrictions (although many children's rights advocates do not accept that as sufficient justification). While this Convention continues to be cited as the principal international child labour convention23, it does not specifically address child labour exploitation and even the ILO's secretariat admits that it is unlikely to achieve much more in terms of the urgent action that is needed to outlaw the most exploitative and dangerous forms of child labour. Hence the search for a new instrument that would clearly and specifically target these "intolerable" forms. The ILO's governing body has agreed to put the drafting of a new convention on the agenda of its 1998 ministerial conference, and it is hoped that a broadly acceptable convention can be adopted before the end of this decade.

Ministers Axworthy and Gagliano indicated strong Canadian participation in and support for this work, which if successful would also provide a more solid legal basis for taking action against tradeable products made with bonded labour or under hazardous conditions within the framework of World Trade Organization (WTO) rules. We will have more to say about the WTO's role in a later section on trade-related measures, but wish to indicate at this point that Canada should continue to seek ways to further the ILO's objectives through raising the issue of child labour exploitation in multilateral trade forums. Furthermore, we believe that Canada can use its diplomatic assets to advantage to help to bridge the unresolved North-South differences manifested at the WTO's first ministerial conference in Singapore in December 1996.

Witnesses clearly endorsed a strengthening of international child labour standards through the ILO, and a wider and more effective compliance with them at all levels. At the same time, John Harker, a former ILO representative in Canada, advised that the supervision of such standards requires "full confidence in its respect for due process" and that its aims should be ameliorative rather than punitive. This in turn highlights the importance of technical cooperation to assist countries in meeting current and prospective standards. In that regard, there was strong support for Canada contributing to IPEC and to fostering further tripartite and NGO involvement in continuing to develop its activities.Mr. Harker's written submission included numerous ideas for using Canadian capacities to assist such technical cooperation, and also suggested a hemispheric and Commonwealth focus for further work. The Subcommittee indicated earlier that Mexico should be among the countries benefitting from Canadian attention as part of a child labour strategy. We expect, therefore, that the February 1997 NAFTA conference on child labour in North America mentioned by Minister Gagliano should be followed up vigorously in order to provide an impetus, as well as a critical test of, utilizing the potential for labour cooperation mechanisms in such agreements to make progress on the ILO's agenda.

Action through Regional and Other Multilateral Organizations

Following on the above, the Subcommittee believes that there is a variety of multilateral forums, and some upcoming strategic opportunities, where Canadian diplomacy and the energies and expertise of many Canadians can be put to good use in the cause of eradicating the worst of child labour exploitation. The NAFTA experience is clearly relevant within the Organization of American States (OAS) in the context of movement towards hemispheric trade liberalization. We have already noted the opportunity presented by the February 1997 child labour conference of the NAFTA Commission for Labour Cooperation. In another emerging regional market context, Canada will be hosting the next heads of government meeting of the Asia Pacific Economic Cooperation Forum (APEC) in Vancouver in the fall of 1997, as well as an Asian youth conference in May. Obviously, as raised by the Philippine NGO spokespersons who testified, and following up attention to the child labour issue from Canadian first ministers during the January 1997 trade mission to the Philippines, the APEC meetings offer an ideal conjuncture around which to mobilize that concern and pursue regional consensus on constructive measures to put an end to extreme forms of child labour exploitation.

Canada has recently made efforts to push the Commonwealth to act more forcefully on human rights. Moreover, as John Harker pointed out, Canada has instigated useful Commonwealth mechanisms in the past. He proposed the creation of an "Expert Group on Child Labour", which we understand the government is considering favourably. Canada should promote the inclusion of this item on the agenda of the next Commonwealth heads of government meeting later this year. We urge that the subject also be taken up within the Commonwealth Parliamentary Association. Any Commonwealth advisory group that is constituted should include representation from NGOs working directly with child workers at greatest risk. Its terms of reference should also address policy areas, notably the interface of liberalized trade and "core" labour standards, which can benefit most from a bridging of North-South perspectives.

Moreover, the work of a Commonwealth body - and a similar initiative could be proposed by Canada within La Francophonie - could advance the process of consensus-building on a new ILO convention leading up to its 1998 conference. In addition, Canada should support further work by the OECD, some of which we briefly described earlier, on the evolving interrelationships between action on child labour exploitation, employment conditions (and levels of adult unemployment), and trade and investment patterns. Canada should also promote discussion of measures to combat child labour abuses with G-7 and developing-country partners wherever possible in other multilateral contexts.24

Action by the International Financial Institutions

In a May 1995 report, the Committee called for reforms to the IFIs' policies on "structural adjustment" in developing countries to ensure that such economic conditions do not have the effect of eroding social gains in human rights and poverty reduction.25 UNICEF's The State of the World's Children 1997 sees limited progress in this regard but much ground still to make up. Clearly, to give an example, the result of ill-advised cutbacks to primary education and support services for poor and indebted families may be to set back efforts to deal with some of the circumstances that give rise to child labour exploitation. Beyond turning this situation around, multilateral lending agencies, including the regional development banks as well as the World Bank, could make a positive difference by using their considerable financial leverage and procurement policies to increase compliance with child labour standards. More proactively still, Canada should encourage the IFIs to invest more of their resources directly into sustainable child development programs (for example, Grameen Bank-type microcredit schemes for women, rehabilitation projects for child workers, innovative basic education alternatives as highlighted in UNICEF's 1997 report) which have shown real promise in tackling the root causes of much child labour exploitation.

2. Using Canadian Development Cooperation Assistance

Orientation and Allocation of Development Aid

Witnesses observed that the great majority of exploitative child labour situations cannot be remedied without addressing the conditions for sustainable human development within the societies where the problems are most prevalent. These countries are, for the most part, also aid partners of Canada. Besides contributing through multilateral agencies, it is important, therefore, that Canada's own bilateral official development assistance (ODA) policies and programs pursue the most effective ways to help children at risk.

Minister Pettigrew, then responsible for international cooperation programs, outlined to the Subcommittee a series of continuing government commitments, including "to investing 25 % of official development assistance towards meeting basic human needs, with children a key target group." [7:3] The Canadian International Development Agency (CIDA) has estimated that about $1 million a day (or approximately 20%) from its budget is devoted to programs that address children's needs. A recent CIDA document also gives details of activities in the following areas: investments in primary education; creating alternative employment opportunities; full participation of women; small projects targetting children. This review goes on to describe future directions for preventive actions on child labour in cooperation with ODA partners, in addition to poverty alleviation and basic education: human rights awareness and promotion, public policy advocacy, and social mobilization around child labour exploitation issues.26

Notwithstanding those efforts and intentions, the testimony we received indicates that not all is well and that more could be done with existing resources. Understandable concerns were expressed about the effects of cumulative cutbacks in the ODA budget. Nevertheless, given fiscal realities, witnesses' suggestions concentrated on positive ways in which the orientation and allocation of aid levels could be strengthened in order to address the conditions of child work and exploitation. As aid volume decreases, it becomes more important to maximize the quality and impact of aid. The Canadian Council for International Cooperation proposed raising Canada's ODA target to devoting 50% of expenditure to basic human needs, with special emphasis on children's primary needs. In addition, CCIC called for using the UN Convention on the Rights of the Child as a framework instrument in guiding ODA decisions. Adherence to children's-rights standards within development cooperation programs, and in all of Canada's relationships with developing countries, was also a point emphasized by spokespersons for Quebec-based advocacy organizations. [Jacques Tremblay and Manon Bernier of Défense des enfants international, Serge Fleury of Jeunesse Canada Monde, and Jean Rock Roy of Club 2/3; Roundtable of October 2, 1996]

One step in that direction could be Minister Pettigrew's statement during his appearance that CIDA is "reviewing the inclusion of [codes of conduct] in all of its contracts and contribution agreements, which could stipulate the executing agency's responsibilities toward eliminating child labour." [7:4] Since then, during an official visit to India, Minister Axworthy indicated interest in assessment procedures to guard against Canadian assistance supporting "any activity that would encourage the use of child labour."27 CCIC president Betty Plewes had recommended to the Subcommittee that CIDA "create a child labour impact assessment tool . . . [drawing on] some of the fine work already done by the Norwegian agency for development cooperation and a joint effort by several CCIC members, including Pueblito Canada, Save the Children Canada, and Canada World Youth, to design an NGO project assessment tool." [5:23]

We believe it is important to have in place a transparent system to assure that no Canadian aid money is in any way tolerant of situations where the use of exploited child labour continues to be a problem. A number of witnesses suggested that Canada also use its aid relationships more vigorously as a lever to press for greater compliance by recipient countries with children's rights and child labour standards. World Vision Canada's submission, among others, cautioned, however, that Canada "should pursue a positive incentive model of labour reform, not a punitive sanction-based model, which affect the vulnerable worker before their employer." [November 27, 1996, p.6]

Targetting Programs and Projects for Results

Below the level of broad parameters and goals, it is important as well that Canada's aid programming strive to find the best and most concrete ways of working within communities in terms of prevention, rehabilitation and effective alternatives. CIDA appears to be alert to this, and witnesses made useful suggestions. Early on in the hearings, Senator Pearson observed that worthwhile projects need not involve a large expenditure. She described an inspiring project for little girls working as rag-pickers on the streets of Bangalore, India. With limited resources, attention needs to be given to working directly with children and families in their circumstances, preferably with existing infrastructure so that sustainability is possible after the intervention, and in countries where there is a genuine will on the part of the government, working cooperatively with NGOs at the level of civil society to reach the roots of the problem. [5:8-9] In circumstances where laws against exploitative practices such as bonded labour are in place but often not enforced, Canada could assist public awareness and advocacy efforts, and, as suggested by Kathleen Ruff, support community and human rights organizations fighting child labour abuses.

Partial measures by themselves are not enough. For example, Linda Tripp of World Vision Canada said, referring to NGOs buying bonded child labourers out of slavery without fundamentally altering their families' situation, "these children often fall back into the wrong hands." Comprehensive long-term solutions must aim at achieving financial self-reliance through vocational training and income-generation opportunities. Childrens' rights scholar George Kent agrees, pointing out that:

Child labor laws are regularly ignored in practice because they do not take full account of the social, political, and economic forces that sustain child labor. . . . Where children, parents, employers, and governments all feel they get some benefit from the existing practice and see no practical alternatives, they will ignore and circumvent efforts to alter the situation.28
Kent argues for developing "business-like schooling" alternatives, involving educational loans linked to the learning of marketable skills that enhance long-term earning capacity, and using techniques "adapted from highly successful micro-loan programs such as the Grameen Bank in Bangladesh."29

There is no shortage of creative models to consider. UNICEF's The State of the World's Children 1997 gives a number of examples of successful approaches, among them: basic education "new schools" for rural children in Colombia; alternative schooling projects for street children in Brazil and the Philippines; shelters and training courses for girls working as domestics in Haiti and Kenya; a "daughters education program" for girls from high-risk environments in Thailand. [Cited in UNICEF Canada's submission, p. 3] What is important is that Canada's resources be used as effectively as possible, and that attention be paid to shared learning about best practices gained from working-level field experiences, as well as to "spreading the word" in order to engage public support and involvement in Canada and within developing countries around practical partnerships to end child labour exploitation. In addition to strengthening the potential for results, CCIC urged that CIDA's Development Information Program be used to demonstrate what can be achieved, and thereby generating awareness and ideas for participation by Canadians.

Country-Specific Strategies and "Development Pacts"

In order for Canada to have impact it must, as Minister Axworthy made a point to affirm during his appearance, have more than a series of scattered individual projects to its credit. [5:10-11] By concentrating energies and having in place a coordinated strategy, Canada should be able to work more effectively and cooperatively in particular countries. A number of witnesses indicated support for developing country-specific strategies which would engage not only governmental authorities but increasingly non-governmental actors, labour and business.

India, which has adopted a National Policy on Child Labour, also comes in for some of the sharpest scrutiny from anti-child labour NGOs. It was the country about which the Subcommittee received the richest analysis (both positive and negative) along with detailed suggestions for integrated and mutually-reinforcing actions. Girish Godbole, Country Director for India of Save the Children Canada outlined measures working towards a progressive elimination of child labour including: free and compulsory quality primary education; rural development and creating an enabling economic environment for tackling family poverty and adult job creation; enforcement of minimum wages and child labour laws; informal education and apprenticeship-type training; rehabilitation programs and income-generating alternatives.

Professor Errol Mendes of the University of Ottawa argued that Canada could act to assist India's state institutions and civil society on a number of levels: implementing the existing constitutional right to education and raising social consciousness of children's rights; undertaking remedial programming in fields directly related to sectors with a high incidence of child labour; investigating and responding to child labour violations in hazardous industries and the agricultural sector; implementing human resource development, regional development, poverty alleviation and social security programs in areas of high concentration of child labour; combatting abuses and discrimination (including traditional cultural practices) against the female child [and especially against oppressed minorities - see the testimony of Yogesh Varhade]; reducing environmental degradation and developing sustainable alternatives; promoting appropriate technologies which eliminate demand for exploitative child labour and offer superior welfare gains for the society as a whole.

Looking at development cooperation activities in the broadest sense, Gerry Barr of the Steelworkers Humanity Fund, supported by the CCIC, made a compelling case for Canada to innovate in the elaboration of "development pacts" on joint action to eliminate child labour - in a country like India, for example. These might involve both ODA and commercial measures, and would seek multilateral support while being spurred by bilateral initiatives and allowing room for carefully considered elements of "creative unilateralism". [6:3-4] Criteria to guide the designing of such pacts should include: reciprocity (Canada and the developing country equally accepting that standards and policy obligations apply to them); independent monitoring processes; preference for compliance incentives over punitive sanctions; fostering of private-sector and civil-society partnerships.30 While we will deal with directly trade-related measures in the next section, we wish to endorse the concept of proceeding within the basis of mutually-agreed, coherent development cooperation frameworks in order to tackle the full reality of child labour exploitation. It makes good sense, offering Canada a two-way avenue to collaborate strategically with chosen developing-country partners for the effective benefit of exploited children.

3. Applying Trade-Related Instruments

Incorporating Child-Labour Standards into Trade Agreements

Some witnesses argued that, even if most child labour is not presently involved in export sectors, the inclusion of a prohibition against child labour exploitation among "core" labour rights standards as enforceable provisions of international trade treaties can make an appropriate and effective contribution to achieving this objective, globally as well as regionally, in significant cases where trade is or may become a factor. In effect, the outlawing of particularly objectionable forms of labour abuses would be inscribed in the explicit rules of international fair competition as both a remedial and preventive measure.

Marie Pépin of the Confédération des syndicats nationaux (CSN) made the point that safeguarding the rights of children ought to be at least as important an agenda item as protecting intellectual property rights in the continued negotiation and extension of regional and global trade accords. Stephen Benedict made the CLC's case in support of the campaign of the International Confederation of Free Trade Unions (ICFTU) for linking trade liberalization to a "social clause" invoking key ILO standards. The assertion is that such a clause "involving cooperation between the ILO and the World Trade Organization would penalize the countries which do nothing about child labour while providing the benefits of full trading rights to countries which take steps to eliminate child labour."31

Given problems over defining the precise nature of rights standards linked to trade, and the dangers of protectionist misuses which still evoke strong disagreements among countries, the Canadian position on a GATT/WTO social clause has been cautious and ambivalent. For example, in the case of child labour, Canada, not having ratified the Minimum Age convention No. 138, could find itself in noncompliance with the clause, and therefore liable to trade actions, until a new agreed ILO standard is in place which would clearly target only intolerable forms of exploitative child labour.32 Work needs to continue on a multilateral basis towards making the international trade regime compatible with broadly agreed labour standards in which there is an effective focus on the worst abuses and no country is unfairly discriminated against. Minister Axworthy stated that Canada is proposing that the ILO and WTO "come together on an annual regular, routine basis to share their information, share their work and share their progress. . .". [5:5]

Nevertheless, the divisions left over from the first WTO ministerial conference in Singapore - which especially pitted the United States, France and Norway against many developing countries led by India and Malaysia33 - must be addressed before much progress can be expected. The final declaration of December 13, 1996 did commit WTO members to "the observance of internationally recognized core labour standards" and named the ILO as "the competent body to set and deal with these standards". But it also affirmed that "the comparative advantage of countries, particularly developing countries, must in no way be put into question." There was no agreement to create any working body on labour standards within the WTO itself and the declaration's compromise language was left open to conflicting interpretations.

The Subcommittee is aware of the longstanding debates which have raged over the social clause and related issues.34 Even if all the current difficulties could be resolved, which would certainly take a major and protracted negotiating effort, a legalistic trade instrument alone may miss getting at much of the child labour problem. In Errol Mendes' blunt assessment, "the insertion of a social clause against child labour in the WTO would not deal with the underlying causes of child labour in India." [Written brief of October 2, 1996, p.6] He suggested that a more pragmatic and effective approach to realizing social clause objectives may be to concentrate first on helping countries move towards superior forms of economic development that eliminate the demand and supply factors producing child labour exploitation, and in that way demonstrating to countries the concrete benefits from raising the level of labour standards.35 A number of witnesses cautioned, however, that economic development gains are not an answer in themselves and must be linked to explicit human rights and social justice objectives.

Another constructive approach towards finding common ground may be to combine standard-setting within trade rules with labour cooperation initiatives. Canada could provide leadership in this area as experience develops with the NAFTA side agreements that could be used to enhance its impact and also applied to other international liberalization arrangements. Minister Gagliano noted that failure to enforce national child labour laws is subject to the full range of procedures under the North American Agreement on Labour Cooperation (NAALC). [11:2] While the NAFTA process has been criticized as too limited, weak, lengthy and complex, it does provide an actual functioning mechanism from which to learn.

What is important is that labour rights principles addressing child labour be clearly defined multilaterally so that the focus is on ending exploitation, and that any linkage of these agreed standards to enforceable trade rules leads to improved economic practices which are good for society as a whole and in the best interests of exploited child workers in particular.

Trade Incentives versus Trade Sanctions

Even if it is possible to define clear international standards on child labour exploitation consistent with rules of liberalized trade, it is far from clear that sanctions-based instruments - for example, involving import embargoes or bans on products made with "outlawed" child labour - are the best route to follow to achieve the objectives of such standards. Witnesses, including those from the private sector, generally agreed that Canada should be vigilant in upholding marketplace norms and should take steps to avoid complicity in the selling or buying of goods produced with certain kinds of child labour (see later sections of the report). However, as John Harker and others emphasized, it is very important to avoid self-defeating or unintended consequences (i.e., the problem simply shifts location and reappears elsewhere) which could, perversely, leave affected child workers worse off. It is equally important to accompany any trade disciplines with credible supervisory systems and with ameliorative measures to assist the child victims of commercial exploitation.

A case of misplaced action to impose sanctions that is often cited as a precautionary example is the Child Labor Deterrence Act, the so-called "Harkin Bill", first introduced into the U.S. Congress in 1992. While this legislative proposal has yet to be enacted, the threat of U.S. action had strong effects on some foreign suppliers such as the garment industry of Bangladesh. As reported in The State of the World's Children 1997, and cited among others by Girish Godbole of Save the Children, an international follow-up study found that: "Child workers, most of them girls, were summarily dismissed from the garment factories. . . . Some were found working in more hazardous situations, in unsafe workshops where they were paid less, or in prostitution."

UNICEF acknowledges that the U.S. pressure did precipitate the search for a better arrangement, involving itself and the ILO, to protect and provide alternative support for these child workers under a memorandum of understanding signed in 1995 with Bangladesh garment manufacturers and exporters. Nevertheless, it insists that sanctions should never be considered except in the light of child-impact assessments having been done, and any subsequent implementation being accompanied by continuous monitoring of the effects on children.36 Philip Alston, a children's rights advisor to UNICEF who is a leading authority on the UN human rights system, has also argued that the U.S. legislation typically suffers from being unilateral and suspect on human rights grounds (noting that the U.S. itself has not ratified most of the ILO's core labour rights conventions).37

Rather than focussing on punitive trade restrictions, most witnesses saw greater potential benefits and fewer pitfalls from trade incentive measures. Gerry Barr of the Steelworkers Humanity Fund suggested ways in which Canada's preferential tariff system (GPT) for developing countries could build on European as well as U.S. experience in order to promote trade with countries which commit themselves to ending child labour exploitation. In other words, Canada would reward countries that are willing to work cooperatively with enhanced market access and also make available technical assistance to help them with raising standards, ideally as part of the comprehensive "development pacts" discussed earlier.

More complex measures might involve government and industry agreements to bolster marketplace standards in Canada, while also pursuing remedial measures with the exporting countries, possibly funded through a small levy on export-import transactions in goods sectors where the incidence of exploitative child labour conditions (e.g., bonded labour) has been notably problematic.38 Montreal importer Subhash Khanna and Stephen Beatty representing the Canadian Apparel Federation indicated that Canadian businesses operating in these sectors are open to constructive ideas for regulating and improving trade practices which provide for incentive-based alternatives and do not impose unfair burdens or penalties on companies within Canada or within the exporting countries.

"Fair Trade" and Product Certification Systems

The rapid increase in international trade, and public awareness of exploitative conditions which may be exacerbated by international competitive pressures, has led to a growing movement for more informed and "ethical" consumption practices. A small part of this demand is being filled by alternative trading organizations, such as Oxfam's Bridgehead, which operate with explicitly fair trade and social justice objectives. However, in terms of raising the standards of the marketplace as a whole, there is a need to develop broader tools that permit concerned governments, businesses, and citizens generally to exercise their economic purchasing power responsibly and with some degree of confidence.

One way to do this is to experiment with types of "social labelling" of products, employing procedures that are transparent, accountable and sufficiently independent to avoid charges of disguised protectionism or special-interest manipulation.39 While not specifically targetting child labour exploitation, Bob Thompson of Fair TradeMark Canada outlined to the Subcommittee how such a system can be operated for some commonly-used products (e.g., coffee and tea) using market incentives. Jacques Tremblay of Défense des enfants international argued that "Canada should cooperate with leading companies to develop a new range of ISO [International Standards Organization] standards applicable to the conditions of the existence of children. An ISO 15,000 certification would be a badge of honour for companies that adopted specific policies and took concrete measures to improve the living conditions of children within their environment. . .". [Submission of October 2, 1996, p.14.]

Businesses involved in sectors where child labour is significant, clearly have a strong interest in responding to consumer concerns over child exploitation. At the same time, as Stephen Beatty of the Canadian Apparel Federation (CAF) pointed out, there is an important standard-setting and oversight role for government in order to avoid the perils of industry self-policing or consumer-led advocacy, which may unfairly punish some firms without effecting contructive remedies to the child labour problem in exporting countries. Companies need clear public policy guidelines on labour standards issues, and consumers need accurate and reliable information on products entering the Canadian marketplace.

The CAF suggested setting a minimum benchmark standard on child labour and establishing within DFAIT a voluntary but government-supervised "registry" of companies adhering to that standard which would also "maintain a list of independent, commercial inspection services having a demonstrated ability to inspect and certify the performance of companies based in exporting countries." [7:18] Similarly, Subhash Khanna called for government to play a "sentinel role" by establishing a trade directory of this sort. [7:24] Beatty cautioned, however, that setting out basic standards is only the first step, since - with 35,000 licensed sellers of apparel in Canada - effective implementation has to evolve through market experience, shared information and learning about best practices. John Harker also raised the need for additional, credible marketplace supervision as offering a promising area for Canada to encourage creative collaborations within civil society among private business, unions, and NGOs.

The product certification system which has attracted the most attention and the most controversial recommendations to date is the Rugmark label of the independent Rugmark Foundation, which was established in India in 1994 and recently extended to Nepal. Concerned by increasing numbers of bonded child workers in the carpet trade, the idea of a consumer label to guarantee against use of illegal child labour was developed by the South Asian Coalition on Child Servitude (SACCS) led by Kailash Satyarthi from whom the Subcommittee received a written submission. Putting the concept into practice was then taken up by a coalition of NGOs and carpet manufacturers with support from UNICEF and the German Agency for Technical Cooperation (GTZ - Germany is the world's largest importer of oriental carpets). While Linda Alexanian, a buyer for Alexanian Carpet, suggested the Indian government-sponsored "Kaleen" label as an alternative in working with the local industry, it has not been able to establish international credibility. Rugmark, by contrast, has gained strong endorsement from a number of advocacy organizations for children's rights, including Free the Children in Canada and the Canadian Anti-Slavery Group, whose submission in particular stressed its accomplishments.

Rugmark is not only a system for product certification and independent monitoring, its concomitant aim is to generate resources to go towards educational and socioeconomic alternatives for affected children through establishing schools, training programs, and rehabilitation centres. Importers of Rugmark-labelled carpets pay a 1% of market value levy for that purpose; whereas exporters pay a 0.25% fee on the same basis to help finance the inspection system, which should eventually become self-financing. However, a study done for DFAIT by UNICEF Canada on implementing Rugmark in Canada suggested the potential positive impact would be very limited, and that proceeding with it at this time might not therefore be a particularly cost-effective use of dwindling ODA resources. Nonetheless, Rugmark is "demonstrating itself to be an effective regulatory tool", and Canada "could support the domestic elements of the scheme through arms of the government which have responsibility for consumer affairs. . .".40 This mixed review and the rather lukewarm conclusions were vigorously challenged by several witnesses. Kathleen Ruff of the Anti-Slavery Group submitted to the Subcommittee an additional detailed critique of the document, which led in turn to a written rejoinder in kind from UNICEF Canada.

We do not doubt UNICEF Canada's statement that: "An end to the economic exploitation of children, bonded or otherwise, will occur only once we are able to persuade a shift in parental and community core attitudes and practices, allocate sufficient resources for the creation of `options' in communities so that families do not have to consider exploiting their children's labour; and provide free, compulsory, primary education."41 At the same time, the June 1996 study may have invited criticism by appearing to be relatively dismissive of Rugmark's current value as a Canadian consumer and industry response to supporting anti-child labour objectives. Our attention was drawn to a more recent American field study, interestingly funded through a grant from the Reebok Human Rights Foundation, that deals thoroughly with Rugmark's alleged weaknesses and which, while ackowledging room for improvements, concludes with a clearly positive overall assessment.42 Furthermore, UNICEF's The State of the World's Children 1997 highlights the Rugmark initiative as on balance worthy of support.43 The Subcommittee's chief concern is that a fair assessment stimulate some positive further response. Accordingly, we believe there are sufficient grounds to proceed with implementing Rugmark in Canada on at least a trial basis of several years. The cost is not so great that it not be given a chance to prove its merits in practice.44 Continuation of Canadian participation in the program would then be guided by the public results of an independent evaluation of the trial period.

4. Engaging the Responsibility of the Private Sector

Ethical Business Practices and "Codes of Conduct"

Parallel to the consumer-led movement for more socially-responsible trade and investment, there has also been an increasing response by businesses operating internationally to profess adherence to "ethical" practices, in part by adopting formal "codes of conduct". Minister Axworthy and Lucie Edwards, Director General in the Department of Foreign Affairs for Global and Humanitarian Issues, referred in their testimony to ongoing discussions with the Canadian private sector encouraging movement in this direction on a "voluntary" basis. The Minister's statement cited favorably, as an example, Ontario Hydro's code of ethics which: "opposes the exploitation of the labour of children and young persons and requires compliance `with all the applicable domestic and international standards for the employment of young people." [October 2, 1996, p.5.]

Private sector witnesses before the Subcommittee indicated they were attentive to Canadians' concerns about collusion in child labour exploitation. The Canadian Apparel Federation affirmed that its member firms have adopted a statement of responsibility for fair labour practices. However, as noted in the previous section, the CAF also urged development of a more predictable public policy framework for the affected industries which would not penalize Canadian companies operating in good faith. It was suggested that a transparent publicly-supervised system providing inducements for voluntary participation by business would be a better and fairer solution than the threat of embargoes, consumer boycotts, or heavyhanded legislation and regulation.

The Subcommittee also heard an extensive presentation on the role of large multinational firms from William Maroni, Vice President, Government Affairs and Public Policy, for Levi Strauss & Co. As an industry leader, Levi Strauss's "Global Sourcing and Operating Guidlines" established in 1991 included detailed business partner terms of engagement and country assessment guidelines. Company policy on child labour follows ILO standards and stipulates:

Use of child labor is not permissible. Workers can be no less than 14 years of age and not younger than the compulsory age to be in school. We will not utilize partners who use child labor in any of their facilities. We support the development of legitimate workplace apprenticeship programs for the educational benefit of younger people.
According to Mr. Maroni, much can be done to demonstrate that creating strong voluntary codes of conduct "can be useful, workable, affordable, and most importantly, [that] they just make good business sense." [7:22] Implementation can be carried out through in-house monitoring and evaluations, education and training programs for staff, community involvement and continuous improvement efforts. However, he acknowledged that Levi Strauss's high profile has itself become a target for critical attention, including from Amnesty International, for its refusal to accept the kind of external verification by NGOs that is being called for by, among others, the Canadian Catholic Organization for Development and Peace in recent campaigns and studies.45

The limitations of checking out multiple voluntary codes are becoming more apparent to many sceptical observers, hence the push for more outside monitoring.46 Among North American retail giants, The Gap has earned kudos for establishing the first truly independent system in 1995. But the marketplace remains rife with substandard performance, subjective interpretations, and no doubt a good deal of industry and consumer confusion.47

Other testimony before the Subcommittee suggested that government leadership, even legislation, is still necessary to oversee private-sector trade and investment codes. For example, World Vision Canada contended that guidelines governing appropriate child labour practices "must form the legislated code of ethics by which Canada will conduct its international commerce." [Submission of November 27, 1996, p.8.] Yogesh Varhade urged that Canadian companies be liable to prosecution for child labour violations abroad. Witnesses tended, however, to focus more on positive measures to strengthen and support private-sector intiatives.48 John Harker urged a Canadian effort to have business, labour and NGOs -

joining together to help provide trained non-governmental inspectors in industries with a connection to Canada. . . . These Inspectors could be recruited from among the NGOs in the country concerned. They would see to it that agreements were honoured and the name of Canada and the appropriate Canadian business held high. Perhaps there is a role for CESO [Canadian Executive Service Overseas], which provides volunteer advisers to business in developing countries. [Submission of October 3, 1996, p. 7.]
At the other end of the age spectrum, Minister Axworthy suggested that "one of the great untapped resources for applying standards in this country is young people themselves." [5:18] We certainly agree that an inclusive effort by government working with civil society is required, and in the report's next sections will be considering some modalities for promoting that.

Industry-Based Partnerships to End Child Labour Exploitation

There is much of a practical as well as principled nature that private business can undertake to show its responsibility towards the world's children. UNICEF, citing the Bangladesh garment industry memorandum of understanding referred to earlier among positive examples, points to "public-minded enterprises [which] have seized the initiative . . . [and] demonstrated that the relationship between the private sector and activists fighting child labour need not be adversarial - that constructive cooperation, even partnership, can sometimes serve the `best interests' of working children. Raising standards of employment and working conditions also serves to create a more efficient, stable and better-trained workforce."49

Stephen Benedict of the Canadian Labour Congress drew the Subcommittee's attention to recent negotiations between the International Soccer Federation (FIFA) and international trade union organizations, with ILO assistance and recognition of ILO standards, of a "Code of Labour Practice". About 80% of soccer balls used worldwide are produced in Pakistan; a significant portion with child labour. Under the proposed agreement, FIFA would not accredit producers found to be in violation of child labour standards. It would also provide for remedial support for affected child workers and communities (i.e., getting children into schools and adults into work), independent monitoring of compliance, and enforcement measures to uphold industry standards - all important elements that could be applied in other areas.

Other witnesses suggested a variety of private sector contributions. Subhash Khanna urged that Canadian business people become directly involved in trying to ameliorate conditions through their dealings with suppliers and contractors. Rather than withdrawing from problem sectors and situations, the leverage of business relationships should be used creatively to, at a minimum, improve the treatment of child workers50, and progressively to take positive steps that "would gradually make child labour redundant." [7:24] Khanna suggested setting up a fund to support remedial programs, financed through export-import levies on trade where child labour is a significant issue (perhaps 0.25% of market value), and matched by both the exporting and importing governments. Girish Godbole also suggested a fund for the rehabilitation of child workers, involving local government-civil society partnerships in formulating specific strategies, taking into account the degree of complexity and regional diversity within countries like India. Linda Alexanian agreed that Canadian businesses with overseas connections have a direct responsibility to support combined efforts to combat child labour exploitation, including through assistance for child health, educational and welfare programs, and the development of constructive employment and income-generating alternatives to child work.

5. Supporting the Participation of Civil Society

Working with Civil Society in Developing Countries

Whatever Canada does, it was apparent to witnesses that the Government cannot accomplish much acting alone in dealing with acute, and often ingrained, societal situations of child labour exploitation far from our shores. We can satisfy ourselves that our aid policies and standards with respect to trade and international business practices are beyond reproach. However, interventions closer to the sources of the problems require, in addition, knowledge of and sensitivity to local situations, and an ability to work collaboratively on children' rights goals with agents for democratic social change from within challenging economic and cultural contexts. In choosing to concentrate Canadian efforts on country-specific intervention strategies, therefore, it is crucial to identify modes of action which revolve around partnerships and participation.

Many witnesses emphasized these dimensions. Betty Plewes of CCIC referred to the need to get beyond "North knows best" approaches in connecting with Southern-based movements. Errol Mendes observed that for a country like India, collaboration with domestic partners is essential, and one of the biggest contributions may be to help raise the level of social consciousness. [5:39] Indifference and passivity must be combatted as much as poverty, agreed John Harker. He called for Canada to use the International Development Research Centre's capabilities in information technology to "upgrade the ILO survey of groups against child labour, and make it an interactive feature of the Internet''; adding that - ``Beyond increasing public awareness, the battle needs to be waged on several fronts, including public policy, legislation, law enforcement, improved education and training of government officials and greater involvement of local communities and the social partners, including trade unions and employer organizations." [Submission of October 3, 1996, p. 10-11]

World Vision's brief referred to its activities in India directed at "public awareness regarding the evils of child labour, and networking with other NGOs for advocacy efforts, particularly the persuasion of intransigent employers to regulate child labour." [November 27, 1996, p.4.] Youth witnesses, and spokespersons for groups dedicated to children's rights, described the necessity of being able to develop understanding and ideas for supportive actions through making connections with the real plight of vulnerable children in other parts of the world.

Most pointedly, Kathleen Ruff focussed on the kinds of critical backing that could assist human rights organizations and advocacy groups overseas which may face numerous obstacles, and sometimes persecution, in their courageous efforts to combat especially pernicious forms of child exploitation such as illegal bonded labour. "Canada could provide funding to allow these groups to take cases to the courts and to monitor, report and publicize on how much or how little progress is being made in enforcing the law." Joined to vigorous use of diplomatic channels, aid and trade incentives -

Through such a strategic approach Canada would be giving support to those in industry and government who do wish to end bonded labour in their country, but encounter the brick wall of powerful vested interests and collusion. Canada would benefit from the energy, commitment and expertise of civil society, without whose involvement bonded labour will never be ended. [Submission of November 27, 1996, p. 5]

Working with Civil Society in Canada

While the fight against child labour exploitation must be concentrated at the source of the problems, witnesses pointed out the importance of also mobilizing active public involvement within Canada that works in solidarity with the international movements and national civil-society efforts in other countries. In other words, Canada needs to have its own strategy among nations for tackling child labour as a global issue of concern to Canadians.51 Besides aiding organizations and action campaigns in developing countries, the then Minister of International Cooperation, Mr. Pettigrew, affirmed to the Subcommittee that the Canadian support base must also be developed:

There is so much to be done. We must target scarce resources and use them in strategic, innovative ways. We must help build partnerships and coalitions of all those who are involved and who care - governments at all levels, business, the professions, unions, schools, churches, citizens, the children themselves. We work with many such partners. We're exploring, with many groups, ways of providing better education for consumers and codes of conduct for business. [7:4]
One very important channel not mentioned above is that of the media, both print and electronic. The Globe and Mail's India-based development issues reporter John Stackhouse has been able to provide insightful coverage of child labour conditions and action alternatives in South Asia. In late October 1996, the Ottawa Sun carried a series of special reports highlighting the plight of vulnerable and exploited children worldwide.52 The Ottawa Citizen followed the Subcommittee's roundtables, which were also televised on the parliamentary channel CPAC. UNICEF's The State of the World's Children 1997 also devotes attention to media roles, within developing countries and internationally.53 The report's release was itself accompanied by an extensive press strategy, and followed in Canada by the broadcasting on both language networks of the CBC of a special program "Children First" (produced by the National Film Board in association with Reader's Digest Canada) on December 15, 1996, designated by UNICEF as the International Children's Day of Broadcasting. Given the powerful influence of television on young viewers, using specialty channels such as YTV was also raised during our hearings. [10:22-23]

Many witnesses urged government to work with social partners to disseminate information and analysis that empowers people from many communities with ideas for action. Public support for NGO efforts in establishing people-to-people connections was a theme emphasized by advocacy group spokespersons from Quebec (and in the November 1996 report of the Forum de Québec sur les Relations Internationales du Canada on "La Protection Internationale des Enfants".) CCIC's Betty Plewes recommended specifically that "CIDA should support public education and consumer awareness of human rights through its development information program", and in conjunction with DFAIT, "should continue to encourage dialogue among the private sector, labour groups, governments and grassroots coalitions." [5:23] Roundtables and other consultative mechanisms inclusive of all stakeholders are exemplary and are able to bring to bear the multifaceted approaches needed to tackle child labour exploitation.

John Harker was concerned that momentum generated by ministerial interest and parliamentary inquiry be sustained and its energies focussed: "Could a group be set up to capture the essential link between government and `civil society' on this issue? During the apartheid years, Canada created a Trust Fund mandated to engage Canadian society in contributing, through education and training, to overcoming the impact of apartheid and apartheid itself. Child Labour deserves no less." [Submission of October 3, 1996, p.12.]

In renewing Canada's international cooperation programs and looking to develop future strategies for achieving foreign policy objectives, the Subcommittee believes that the Government should pursue these and other creative ideas, and in particular ensure that the many nongovernmental organizations which have been doing excellent work in this field are supported. In addition to providing such material encouragement, the government should explore with them how to carry forward a Canadian strategy for ending child labour exploitation such as we have proposed. We would urge that means for strengthening civil-society participation in this effort be put in place as soon as possible, ideally prior to the Commonwealth and APEC summits (the latter hosted by Canada) and the Oslo conference on child labour later this year. Whatever public engagement channels are developed should include elements to draw in more Canadians in every part of the country, and in particular, as we elaborate in the next section, to recognize and promote the contribution of young people.

6. Involving Youth

Listening to Youth Speaking Out on Rights and Justice

A highlight of the Subcommittee's hearings was its attention to the tremendous potential for tapping youth activism as demonstrated by the panel of young Canadians who appeared on November 20, 1996, appropriately International Child Day and the anniversary of both the 1959 Declaration on the Rights of the Child and the 1989 UN Convention on the Rights of the Child. UNICEF's The State of the World's Children 1997 points to promising developments in both developing and industrialized countries deserving of support. Child labourers themselves have begun to organize, to hold public marches and rallies, to work together and with other activist groups, in order to be able communicate more widely through advocacy and outreach activities.54 The UNICEF report also highlights the solidarity efforts of Canadian teen Craig Kielburger and Free the Children in raising the profile of child labour exploitation issues on the North American public agenda.

During our roundtable, Free the Children was represented by two members under twelve who underlined the message that: "Children have rights. They have the right to go to school. They have the right to be protected from abuse and exploitation. They have the right to speak out, to have a voice. All children have these rights, regardless of what part of the world they live in, regardless of how rich or how poor they are." [10:3] Kyle Connolly, who had recently addressed a large convention in Saskatchewan, and Laura Hannant, who was about to go to Sweden to speak with young people in schools there, argued that their organization was not pushing simplistic solutions. But they believed government and business in Canada could do much more to take firm actions against truly exploitative forms of child labour.

Teenagers Jemima Day Cowan and Caitlin Smith, founding members of Kids for Human Rights and Justice, indicated the scope for other youth action NGOs to tackle, in a holistic way, the many dimensions of the child labour problem (including unthinking "consumerism") and how global development relationships can be brought to bear on young Canadians' consciousness. They described involvement in devising school curricula and deepening the search for actions that cut across interconnected issues: "Our organization uses a magnifying-glass approach on all human rights and looks for solutions that will work on a long-term scale, rather than just band-aid solutions." [10:8] Emilie Bernier used her direct experience overseas as a Canada World Youth volunteer to describe vividly the myriad levels of the problem - young girls trapped in domestic work, children doing dangerous jobs or surviving on the streets. She agreed that there is "no short-term solution . . ., but every effort must be made to give children back their childhood." [10:12] That includes, she added, integrated approaches to healthy child development which address family and community life, which respect the contributions made by children, and which prepare children with the skills for dignified employment as adults.

Notwithstanding this one roundtable, as Minister Axworthy put the challenge: "one of the great untapped resources for applying standards in this country is young people themselves. We don't spend nearly enough time listening to them or helping them to get mobilized." [5:18] In regard to the first objective, we believe that a youth dimension must be included within the civil-society partnership activities as discussed earlier. Another opportunity will be the Asia Pacific Youth Conference, to be held in Winnipeg in May 1997, which could formulate proposals on child labour for the agenda of the APEC leaders' summit being hosted by the Prime Minister in Vancouver in November 1997. But young Canadians also need more modest and local channels of their own for accessing, on an increasing and sustained basis, foreign policy processes on issues of direct concern to them.

Fostering Youth Connections

In an age of increasing mobility and globalized communications, Canadian strategy must also keep up. In an article recognizing his achievements, Craig Kielburger is quoted as saying: "Faxing and the internet have created a global community. The kid next door has become the kid in Latin America or Asia."55 Ms. Day Cowan of Kids for Human Rights and Justice confirmed that when she told the Subcommittee: "We've been exchanging information and stories by e-mail. We're sending videos through the mail. Through e-mail and videos you can really get to know what the other person's life is like. It's like going to visit them, but it costs a lot less." [10:19] Within Canada, the Department of Foreign Affairs and CIDA might also explore with young people's organizations ways of utilizing the interactive potential of existing as well as emerging technologies - notably through Radio Canada International given the reach of low-cost radio services in even the poorest developing countries. IDRC's expertise could also be brought in to help in developing and coordinating international as well as domestic youth-oriented networks for policy development and action around issues related to child labour exploitation.

Both younger and older witnesses made several suggestions as to how governments could give more material support to youth initiatives. Jacques Tremblay of Défense des enfants international, recalling the temporary Partnership Fund for Children that was established following Canada's co-chairmanship of the World Summit for Children, urged the creation of a "Fund to Promote the Rights of the Child throughout the World. Canadian NGOs and institutions could make use of such a Fund in conjunction with their partners in the developing countries." [Submission of October 2, 1996, p.14.] John Harker noted the recommendation of the June 1996 Report of the Ministerial Task Force on Youth "that more opportunities be provided for Canadian youth to work in, and learn about, the global marketplace." If funds are allocated for international youth internship programs: "Business and government could cooperate to engage some of these youth in activities aimed at the eradication of child labour." [ Submission of October 3, 1996, p.8.]

Conclusion: Following Up Parliamentary Action

We see this report as the beginning not the end of a long-term process. Our job as elected representatives is not done. If the Government responds positively to the Committee's recommendations, the scope for parliamentary and public action will be enlarged. More Canadians than ever should have the opportunity to be involved in a broad and coherent strategy that works collaboratively to end the evils of child labour exploitation and to give these children chances and choices for a better life.

Recalling our first recommendation, we urge the Government to use its comprehensive response to the report as a whole, as a platform for setting out an explicit Canadian strategy for multiple, coordinated actions to combat child labour exploitation. John Harker expressed well our hope that "the report of the parliamentary consultations will be circulated widely, and interested parties asked for their comments; a body of knowledge and determination will be established." [Submission of October 3, 1996, p.12.] We have recommended that there be support for vigorous NGO and broader public participation in ongoing policy development, including through preparations for addressing child labour issues by consultative forums within Canada and at important forthcoming international conferences. Obviously, Members of Parliament should be accorded a central role, more so certainly than has been the case in the past, in any mechanisms for bringing together governments and civil society on these issues.

Parliamentarians can also work to do their part "to end the silence and complacency", as Kathleen Ruff noted in her brief. This can take place through discussions with colleagues, interparliamentary associations and exchanges (such as the recent APEC parliamentary forum held in Vancouver). We, therefore, expect Minister Axworthy to follow through on the commitment he made during his appearance, to work with parliamentary organizations on ways of bringing increased pressure to bear on child labour issues through international meetings, and also of using opportunities, such as frequent visiting delegations to Canada, to raise such issues of common concern and also to share our experiences.

Important as such channels are, the foremost role of Members of Parliament is as democratic legislators and agents of public accountability representing Canadians across the country. In several of our recommendations we have raised the prospect of legislative action - for example, as necessary to ensure that Canada at least is able to meet effective compliance with minimum international child labour standards. In such cases, we believe the Government could advance and enrich the process by referring to this Committee (or to another appropriate parliamentary committee) specific proposals for pre-legislative study.

Given constraints of time and resources, we acknowledge that we have not been able to examine every issue in depth and to the extent that the importance of the subject warrants. Furthermore, as circumstances evolve, there is an evident need to keep a sustained watch on policy elaboration and implementation. Beyond establishing focussed policy objectives in dealing with child labour exploitation, we encourage the Government to report through parliamentary channels to the Canadian people on initiatives in progress and results achieved. Specifically, we request that the Government report at least annually to this Committee on actions taken to follow up its response to this report.

A Final Thought

In the spirit of political responsibility with which we began this inquiry, the last word on that should perhaps go to our youngest witness:

Only when the governments of the world take a stand against child labor will change come about. It comes down to a question of political will. . . . it's up to every one of us to take personal responsibility for the state of the world that we live in and to move from merely talking to taking action. If we all work together, we really can make a difference. Please join our cause. [Kyle Connolly, 10:3]
22
Impact of Armed Conflict on Children, United Nations General Assembly, New York, Document A/51/306, 26 August 1996, p. 22.

23
Cf. UNICEF, The State of the World's Children 1997, p. 19, which briefly notes key international "legislative instruments" on child labour; and for a comprehensive global survey of child labour laws and enforcement, ILO, Child Labour:Targetting the Intolerable, p. 23-98.

24
As an example, UNICEF's The State of the World's Children 1997 report (p. 21) cites recent declarations on child labour within the Non-Aligned Movement and by the South Asian Association for Regional Cooperation (SAARC) which could be used as promising openings by Canada.

25
From Bretton Woods to Halifax and Beyond: Towards a 21st Summit for the 21st Century Challenge, Report of the House of Commons Standing Committee on Foreign Affairs and International Trade on the Issues of International Financial Institutions Reforms For the Agenda of the June 1995 G-7 Halifax Summit, Ottawa, May 1995, p. 33-36.

26
Cf. "Approaches to Child Labour", Canadian International Development Agency, Political and Social Policies Division, October 1996.

27
As quoted by John Stackhouse, "Canada may tie child rights to aid, trade", The Globe and Mail,10 January 1997, p. A1 and 9. The article indicates that so far Norway appears to be the only donor country explicitly tying its ODA to child-rights standards in this way.

28
Kent, Children in the International Political Economy, p. 51.

29
Ibid., p. 52 ff.

30
These are spelled out in greater detail in Appendix A of the Steelworkers Humanity Fund's "Discussion Paper on Child Labour" (February 1996).

31
ICFTU, No Time to Play: Child Workers in the Global Economy, p. 49. Keeping matters in persepctive, it should be added that the social clause is seen as only one among a number of recommended actions at the international level in addition to national initiatives.

32
A Department of Foreign Affairs and International Trade discussion paper concludes that:
The clarification of "core" labour rights is a task for the ILO, not the OECD, and certainly not the WTO. Without even considering the actual effectiveness of trade sanctions to alter a state's behaviour, to attempt to negotiate a set of WTO trade rules to enforce the ILO "core" conventions as they stand could well be a recipe for disaster. If there is to be an institutional linkage with the WTO it is apparent that the ILO conventions would need to be reviewed. For at least some of the "core" labour rights conventions there appears to be a clear requirement for a new convention. (Robert Stranks, "Look Before You Leap: `Core' Labour Rights", Policy Staff Commentary No. 14, April 1996, p. 9.)

33
John Stackhouse, "Labour practices divide North, South", The Globe and Mail, December 9, 1996.

34
Cf. the major OECD study cited in note 11 supra (especially p. 67-75); also from a more human rights-oriented perspective Erika de Wet, "Labor Standards in the Globalized Economy: The Inclusion of a Social Clause in the General Agreement on Tariffs and Trade/World Trade Organization", Human Rights Quarterly, Vol. 17, 1995, p.443-62; Christine Elwell, Human Rights, Labour Standards and the New WTO: Opportunities for a Linkage - A Canadian Perspective, Essays on Human Rights and Democratic Development #4, International Centre for Human Rights and Democratic Development, Montreal, 1995. The arguments over the use of trade-related measures to uphold rights standards are reviewed more generally in Gerald Schmitz and Corinne McDonald, Human Rights, Global Markets: Some Issues and Challenges for Canadian Foreign Policy, Background Paper No. 416, Library of Parliament Research Branch, Ottawa, April 1996.

35
Some suggestions in this regard are put forward in a study partly sponsored by DFAIT - Ozay Mehmet, Errol Mendes and Robert Sinding, "Promoting a Fair Global Marketplace: An Analysis to Facilitate the Broadening of Canadian Foreign Policy Options and Explore North-South Cooperation in the Trade-Labour Standards Debate", Ottawa, March 1996.

36
Cf. UNICEF, The State of the World's Children 1997, p. 23-24 and 60.

37
Philip Alston, "Labor Rights Provisions in US Trade Law: `Agressive Unilateralism'?", Human Rights Quarterly, vol. 15, 1993, p. 1-35.

38
The further idea of using import taxes to counter "social dumping" by extracting a financial penalty from exporters found to be using exploited child labour is more contentious and raises trade-law complications. Some of the arguments over different import regulation proposals are reviewed in Appendix B "Options for Canadian Trade-Related Measures" of the Steelworkers Humanity Fund's Discussion Paper on Child Labour.

39
The recent Human Rights Watch Report recommends that consumers "should require their retailers to reject goods from suppliers which employ child labor in the manufacture of these goods [e.g., hand-woven carpets] and to support a good faith program to phase children out of bondage, offering them financial assistance and access to formal education. Consumers should also require retailers to guarantee that they and their suppliers offer full access to independent monitors to all facilities and supplier facilities to check on the incidence of bonded child labor". (The Small Hands of Slavery, p. 13.) The OECD study concludes from its examination that "labelling requirements on the finished product may induce some producers to require from their suppliers that they respect core labour standards in their production of inputs, thus starting a dynamic of self-discipline. In this way, it could make a positive contribution to fostering respect for core labour standards worldwide." (Trade, Employment and Labour Standards, p. 88.)

40
Review of "Rugmark" as a Strategy to Combat the Exploitation of Children and "Executive Summary" of a study commissioned by Canada's Department of Foreign Affairs and International Trade, prepared by UNICEF Canada, June 1996.

41
"UNICEF Canada's Response to Ms. Kathleen Ruff's Review of the UNICEF Canada Rugmark Study",30 December 1996, p. 2-3.

42
International Labor Rights Fund, Rugmark After One Year: Appraisal of a New Effort at Social Marketing in the Interest of Children, Washington D.C., October 1996, noting the "Conclusions and Recommendations" on p. 31.

43
Cf. The State of the World's Children 1997, "Panel 14 - Rugmark: Helping to keep children off the looms", p. 68-69.

44
UNICEF Canada estimates put the annual net cost of implementation at several hundred thousands of dollars. While ODA resources are seriously constrained, surely the government can find the required additional financing, if necessary within another appropriate budget for consumer initiatives.

45
Art Babych, "Worker abuse rampant despite Levi Strauss code", Prairie Messenger, 16 December 1996, p. 7.

46
Cf. "Bottom-line Blues", The Utne Reader, January-February 1997, p. 27-29.

47
Charles Clark, "Child Labor and Sweatshops", CQ Researcher, p. 728-30; and for further comment on the "Gap" breakthrough and measures for enhancing global "corporate responsibility", UNICEF, The State of the World's Children 1997, p. 67-71.

48
Noting the weaknesses of voluntary industry codes (and of approaches such as the "model business principles" promoted by the U.S. Clinton administration), a study done for Department of Foreign Affairs and International Trade cited in the first roundtable [5:17-18] concludes that Canada should consider developing country-specific codes, notably in circumstances demanding urgent action, and working closely with the private sector, labour groups and NGOs to promote social responsibility in international business activities. (Cf. Errol Mendes and Jeffrey Clark, "The Private Sector's Global Role in Balancing Business Activity and Social Responsibility: Is There a Role for Governments?" Human Rights Research and Education Centre, University of Ottawa, June 17, 1996.) Taking a global view, the North-South Institute's recently-released Canadian Development Report 1996-97 (Rowena Beamish and Clyde Sanger, eds., Ottawa, November 1996) makes the case that "Canada, with others, needs to: develop an international code of conduct which could be used by Canadian-based multilational corporations, NGOs and public agencies for their work in developing countries, including transparent reporting and some oversight by an international organization like the ILO; . . .[and] develop a range of actions to reduce child labour, including an early ban on their participation in the most dangerous industries." (Ann Weston, "Globalization - For Whose Good?", p. 30-31.)

49
The State of the World's Children 1997, Panel 13 "The private sector: Part of the solution", p. 64.

50
In this regard, World Vision put forward the recommendations of its staff in India that "at the very least, child labour regulations should ensure that employers of children conform to the following minimum guidelines:

  • Employers must provide facilities for education and recreation for child workers
  • Employers must provide nutritious meals, medical check ups and medical care for child workers
  • Emphasis must be placed on long-term skill development rather than sheer production volume
  • Employers must institute working hours which provide for adequate sleep, rest, play and
    relaxation for the child worker [Submission of November 27, 1996, p. 6]

    51
    See also the hopeful analysis of national strategies for "mobilizing society" in The State of the World's Children 1997, p. 63-67.

    52
    "Suffer the Little Children", The Ottawa Sun, October 20-25, 1996.

    53
    The State of the World's Children, p. 65-66.

    54
    UNICEF's report observes that: "Workshops and conferences in which child workers gather to exchange experiences are increasingly common." (p. 67)

    55
    Maclean's, Honour Roll of Canadians, December 23, 1996, p. 47.

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