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Book Chapter The economic and social impact of the LoN and the ILO. Protection and education of children and young people DROUX, Joëlle, HOFSTETTER, Rita Reference DROUX, Joëlle, HOFSTETTER, Rita. The economic and social impact of the LoN and the ILO. Protection and education of children and young people. In: Hidalgo-Weber, O. & Lescaze, B. 100 years of multilateralism in Geneva. From the LoN to the UN.. Suzanne Hurter, 2020. p. 298-313 Available at: http://archive-ouverte.unige.ch/unige:145882 Disclaimer: layout of this document may differ from the published version. 1 / 1 100 YEARS OF MULTILATERALISM IN GENEVA FROM THE LoN TO THE UN THE HISTORICAL REFERENCE BOOK CENTENARY OF THE LoN The foundations of the UN and its peacebuilding eforts HISTOIRE EDITIONS SUZANNE HURTER VOLUME 1 Edited by Olga Hidalgo-Weber & Bernard Lescaze The League of Nations: a singular experience in multilateralism The LoN Secretariat was originally housed in the Palais Wilson, now the home of the OHCHR. PART I: THE LEAGUE OF NATIONS Chapter 1: The origins of the LoN Chapter 4: The economic and social impact The Birth of Multilateralism (1815–1918) of the LoN and the ILO The Peace Conference and the Birth of the LoN Peace and social justice Choosing the headquarters The ILO and tripartism: negotiating social progress The organization of the LoN Economic and monetary achievements Protection and education of children and Chapter 2: The LoN’s mandate and achievements young people Peace through Law Epidemics, public health and drugs Switzerland and the LoN Geneva, crossroads of women’s mobilization The United States and the LoN The LoN, a testing ground for international security Chapter 5: The rise and fall of the LoN The USSR’s entry on the multilateral stage The Palais des Nations The refugee issue From the League to the United Nations The ILO in exile in Canada Chapter 3: Universality? The LoN and the Middle East The LoN mandates in Africa Latin American countries and the LoN The LoN and Asia The battle against slavery and forced labour President Woodrow Wilson. VOLUME 2 Edited by Olga Hidalgo-Weber & Bernard Lescaze The United Nations: the resilience of the multilateral system PART II: THE UNITED NATIONS Chapter 6: Post-1945 multilateralim: a second wind Birth of the United Nations The United Nations and the Cold War Major ad hoc meetings Decolonization Chapter 7: The work of the United Nations in Geneva The battle over human rights within the UN system Disarmament in Geneva The Economic Commission for Europe The United Nations Conference on Trade and Development (UNCTAD) and the Global South Chapter 8: Specialized and Related Agencies Migration and refugees Telecommunications Palais des Nations, Geneva. Innovation, Creativity and Intellectual Property The World Trade Organization and Russia’s Creative Entry Founding of the World Health Organization PART III : THE FUTURE OF MULTILATERALISM AND OF THE UNITED NATIONS IN GENEVA Chapter 9: Tackling new challenges Climate and sustainable development The International Labour Organization, social dialogue and globalization Digital challenges Chapter 10: Geneva NGOs, the United Nations Organization and human rights Geneva’s role in contemporary global governance Multilateralism in transition Conference at the ILO. I I THE LEAGUE OF NATIONS 4 I The economic and social impact of the LoN and the ILO 4.4 Protection and education of children and young people Joëlle Droux, Rita Hofstetter A slow maturation process When the Peace Conference talks began in January 1919, the issue of children’s rights to protection and education was not new. There had been plenty of national debates about children’s issues since the early nineteenth century, particularly the need to protect children from the risks to which the industrial labour market was exposing them. Governments had gradually come to see this as an imperative. Many people were realizing that children were withering away in factories under the weight of tasks beyond their strength and in unhealthy, insalubrious environments. By the 1830s, most industrialized countries were calling for human resources to be managed more sparingly, and bills were drafted to make children’s work more suited to their abilities (by setting a minimum age for entering the labour market, limited working hours and rules for night work). Yet even when they were adopted, these measures were not widely applied. Inexpensive child labour allowed entrepreneurs to produce at low cost and thus stay ahead of the competition. Despite a nascent awareness of the issue, child labour continued to be rampant in factories. The first real turning point came when public school systems were put in place. In the second half of the nineteenth century, many nations made education compulsory to prepare children for their roles as citizens and producers. Governments set an age limit (which varied from one country to the next) before which the child’s place was no longer at work but in school (age 12, 13 or even 14). Gradually, this became more than just preventing child labour at an early age. Other categories of vulnerable minors saw their rights reaffirmed by law (orphans, abandoned, ill-treated or neglected children and juvenile delinquents). It was now recognized that childhood came with specific rights to protection and education, and almost everywhere, States accepted a duty to ensure that those A young worker in rights were respected. 1924. Children working in a mill in the USA in 1909. 298 299 4 I THE ECONOMIC AND SOCIAL IMPACT OF THE LON AND THE ILO 4.4 Protection and education of children and young people Why then did the international organizations established The ILO: the normative path in the wake of the Treaty of Versailles invest efforts in Returning to our review of the history of child labour, we saw above children and young people? Had the nation states not already that by the end of the nineteenth century this was already covered by undertaken to protect them? many laws that intertwined school enrolment with the prohibition of In fact, during the interwar period, many international child labour. This even went from being a national to an international organizations focused efforts on children: firstly, the objective. In 1890 in Berlin, then in 1914 in Bern, the main European International Labour Organization (ILO), but also a specific powers recognized the need to ban child labour in factories and mines body of the League of Nations (LoN) established in 1925, below a threshold that varied from 10 to 14 years old depending on namely the Child Welfare Committee (CWC). Various the country. The lack of consensus on the age limit for this protective international networks were just as concerned, so much so framework heralded disappointments to come. As the ILO worked that it would be impossible to mention all the initiatives towards a convention during the interwar period, the age limit became that sprang up at the time. What these many agencies had an obstacle. in common, the hope that they shared, was summarized The issue of child labour was discussed at the first International Labour in 1925 by British activist Eglantyne Jebb, co-founder of Conference in Washington in 1919, since the peace treaty clearly the International Save the Children Union: “Rapid progress mentioned the abolition of child labour as one of its objectives, in line Eglantyne Jebb, might be anticipated towards a reasonably high degree of child care and (1876-1928). with pre-war congresses. There was a lively first debate, not on the protection throughout the world, if all governments could accept in principle of banning child labour per se, but on the question of the age principle certain minimum obligations laid down by the League, and at which it should be banned. Age 14 was taken as a threshold for the if the League could then support their endeavour to attain the standards purposes of the debate, but several delegations expressed reluctance. which they had thus set before themselves by giving them all necessary India, in particular, invoked its own unique circumstances to demand a advice and information”. lower standard. In the end however, ILO Convention No. 5 adopted 14 For Jebb, the main role of international organizations was not to act directly as the minimum age for admission to industrial employment by 92 votes for the world’s children. That was rightfully a national prerogative. States to 3, even though only 9 of the 39 countries represented in Washington had the sovereign right to determine and meet the needs of their young already had a threshold of age 14 (in the others, it was younger). Rather generations, in conjunction with their own partners in the field (private than enshrine the existing situation, the aim of the convention was to charities in particular). Intergovernmental bodies had a different task: not herald a better future, and this choice of age 14 would prove decisive to replace States, but to develop instruments to help guide their action in how the instrument was subsequently received. towards effective and functional mechanisms and practices. Despite their flexibility, the conventions garnered few ratifications: only As a result, when assessing the impact of the LoN and its associated bodies 18 in 1919 for the convention on industrial labour! Moreover, ratification in the area of childhood, we should not expect the type of spectacular does not necessarily mean application, as one Czech correspondent at results or dramatic rescues deployed by today’s non-governmental the ILO highlighted in 1927: “We ratified the Convention to protect organizations in the face of a humanitarian emergency. We should look children who are still in compulsory education, yet they are used by for a more discreet role. As a process, the internationalization of children’s our unscrupulous employers as their cheapest source of labour”.