ANALYSIS OF THE EXISTENCE OF CHILD LABOR IN TIMOR LESTE

CHALLENGES AND SOLUTIONS[1]

This article presents the results of the monthly discussion held by the Alumni of the Youth Parliament of Timor-Leste (APFTL) on Child Labor in Timor-Leste. The purpose of this is to know about the challenges and also present some solutions and recommendations about the existence of child labor so as to help the State and relevant entities to solve this problem. The method used is through discussion of secondary data presented by invited presenters (in this case, the diligent media team) and observation, including other secondary data from members who participated in the discussion . Finally, the results of the discussion showed that, in Timor-Leste, the majority of the population, since independence until today, will live in poverty (data from the Asian Development Bank[2] shows in 2014 until today, 41.8% of the population live below the poverty line) which impacts many children have to do light to heavy work, which directly and indirectly affects their education, health, and psychological and social development.

The discussion of Children’s Rights dates back to the 17th Century. Many people think that children are in the same condition as adults. Children were offered forced labor and used to participate in wars and other forced labor, which was considered normal at the time. After the 1800s, in the European region began to recognize the rights of the child by introducing labor laws and compulsory education laws to protect children[3]. It was not until 1990 that the International Convention on the Rights of the Child came into force.

Timor-Leste restored its independence in 2002, introduced and recognized the rights of children in the national legislation of the Constitution of the Democratic Republic of Timor-Leste (K-RDTL-2002), which pays maximum attention to the right of children in article 180 (Protection of Children), and also ratified international law the Convention on the Rights of the Child (April, 2003) including two optional Protocols on the involvement of children in armed conflict and child trafficking, child prostitution and child pornography (April, 2003). These legislations have a binding value, which can guide everyone to give special protection to the rights of children.

The Timor-Leste Census (2015) shows that 421,655 people are of child age (from 5 to 17 years). Of the total number of children mentioned, according to the results of the national labor study (2016) showed that the majority perform light to heavy work that affects their education, health, social and psychological development. Of this total, 67,688 children (16.1%) are involved in informal economic activities to help increase family income[4].

In view of these realities, APFTL holds monthly discussions related to the mentioned topic to know its real causes, including challenges and also present some appropriate solutions and recommendations, to help the competent and relevant entity to solve these problems, so e can uphold the rights of children and all children can live a dignified, healthy and protected life.

According to Timor-Leste's Labor Law, LAW N.o 4 /2012, 21 February, Article 5, paragraph z, states “a worker is a person who performs work under the authority and direction of the employer through remuneration;[5] The document does not introduce the definition of child labor, but it can be understood that child labor refers to children under the age of 18 who work in a certain place or space.

According to International Labor Law and Timor-Leste's Labor Law[6], the age of 15 is the minimum age for work (allowing adaptation to circumstances). It can also be raised to the age of 18 if the work is too heavy (such as working on ships or large industries). It may also be reduced to the age of 14 if the work is justifiable or light work[7] , but must not interfere with the child's education, health and social or psychological development.

In our labor law also considers Student Worker (Article 76) provides protection to student worker and considers student worker is a worker who follows any official level of education or equivalent to what the competent Government body recognizes .

Given these definitions, contextualised to the situation in Timor-Leste, it is assumed that there is child labor in our country. The results of many research studies show that many children do light to heavy work in our country. As some results that diligent journalists obtained through interviews with the head of Instituto para a Defesa dos Direitos da Criança (INDDICA) that, from 2016 to 2022 more than (+) 52,000 children are subjected to child labor [8]. From these data it is not possible to classify according to the type of work that children do. These data are not far from what the National Commission on Child Labor presented in 2022.

Given these data, we consider it a serious issue that needs to be discussed and requires everyone to work together to resolve it. Thus, in the discussion, we also identify the main and secondary causes that affect a child's employment (eg, such as selling goods on the street, or other employment such as in the fields, and other). The main cause of child labor is poverty, which directly affects the family's daily income. There are also secondary causes such as, parents are sent to work, family income is not sufficient, some children have no parents, some do not go to school, stop school, children want (because ransu with other colleagues), the way of thinking of parents who think that child labor is normal, parents' knowledge and level of schooling is minimal or not going to school so they do not give importance to their children, minimum wage (for families those who are the amount of large families, the salary can not sustain life) and also some assumptions say that, another cause of this is, some groups send children to work, because when they sell all their belongings, they go home to someone (not their parents) to collect the money from them.

In view of these reasons, according to the International Convention on the Rights of the Child (1990), the State has an obligation to protect and take care of children's rights, such as the right to health, education and social or psychological development. With this duty, the state has a great responsibility to address the identified causes and always consider the best interests of children in accordance with human rights.

What INDDICA and some relevant institutions do through seminars, dissemination of information, closing pamphlets, baliho, including other mechanisms that are done for awareness, we see and think that does not solve these causes, because it does not consider what human rights say “ best interests of the child[9]”. A concrete example is the idea of ​​eliminating child trafficking by not buying children's goods. This is a solution that does not solve the causes, but adds other problems. The child's belongings are worthless, the parents return home beaten or angry, which affects a child's physical and psychological problems. Not only that, another example is the output of INDDICA's service, which is only about raising awareness among parents and everyone about children's rights. This is also not solved, because we consider children performing the mentioned activities not parents and children lack awareness, but other structural and social problems affecting it, such as poverty that the state has not yet resolved, despite one government after another (see the Asian Bank report[10]).

Many of the reasons we found are what the National Commission on the Rights of the Child (KNDL), now called INDDICA, said “recognizes that it cannot solve the problem of family support work because there is no law and mechanism that gives competence to KNDL to acting these situations[11]. INDDICA also recognizes that the main cause is poverty or minimum income, but the approach to solve this cause is not accurate or appropriate to reduce poverty, but other things, such as banning children from traveling from Oekusi to Dili, not buying children -his goods nst.

Given these situations, we believe that the State has a greater duty to solve the structural and social problems faced by parents and children. Address poverty, increase family income, family education, provide concrete oversight of the implementation of laws, accelerate the approval/promulgation of the law on the protection of children and young people in danger, as well as INDDICA including relevant institutions (National Commission on Child Labour) and others, need to establish a Strategic Plan and Annual Action Plan contextualized and appropriate to the living conditions of children, and always take into account the best interests of children. So that all children can do work and other activities under protection and enjoy their rights with dignity.

We also support services that help children with their personal development, such as helping parents wait for kiosks/shops (when parents are not present,) as well as other light services that do not interfere with their education, health and social or psychological development. This is a good stimulus for child development (read Skinner's theory). It is important that children are not subjected to the worst forms of labor, including slavery, human trafficking, commercial sex, debt bondage and other commercial activities. And the convention on child labor prohibits these activities.

Keep in mind that Timor-Leste has ratified the Convention on the Rights of the Child which establishes four (4) important principles; 1. Non-Discrimination, 2. Best interests of the child, 3. Survival and development of the child and 4. Respect for children's opinions and right to participate. The Convention also places rights and duties (roles/responsibilities) in three (3) parts: 1. The State has an obligation/duty to take care of the rights of children, 2. The child as the owner of rights, and We also support services that help children with their personal development, such as helping parents wait for kiosks/shops (when parents are not present,) as well as other light services that do not interfere with their education, health and social or psychological development. This is a good stimulus for child development (read Skinner's theory). It is important that children are not subjected to the worst forms of labor, including slavery, human trafficking, commercial sex, debt bondage and other commercial activities. And the convention on child labor prohibits these activities.

Keep in mind that Timor-Leste has ratified the Convention on the Rights of the Child which establishes four (4) important principles; 1. Non-Discrimination, 2. Best interests of the child, 3. Survival and development of the child and 4. Respect for children's opinions and right to participate. The Convention also places rights and duties (roles/responsibilities) in three (3) parts: 1. The State has an obligation/duty to take care of the rights of children, 2. The child as the owner of rights, and 3. Parents, have a role in protecting children and also as owners of rights (can make decisions about children's rights).

References, have a role in protecting children and also as owners of rights (can make decisions about children's rights).

References

Dadus KNDL, Labarik 300 Envolve iha Traballu Apoia Família – Lais, Atuál & Konfiável – Hatutan.com asesu loron 17 Mar. 23.

Dadus Traballu Infantíl Hatudu 58,4%, Labarik Sira Halo Serbisu Hodi Hasae Rendimentu Uma Laran | Neon Metin Online asesu iha loron 17 Mar. 23.

Timor-Leste: Poverty | Asian Development Bank (adb.org) , asesu iha loron 18 Mar. 23.

Manuál Introdusaun Direitus Umanus iha Sudeste Aziátiku, AMI-NIA DIREITUS UMANUS, AMI-NIA FUTURU, (edisaun tetun) Global Campus Direitos Humanos, Venice Itália, 2022. 

Sensus Populasaun Timor-Leste nian (2015)

República Democrática de Timor-Leste, Konstituisaun RDTL, 2002,

República Democrática de Timor-Leste, Konvensaun Internasionál Direitu Labarik (1990), 2003.

República Democrática de Timor-Leste, Lei traballu, LEI N.º 4 /2012, 21 Fevereiru.