Instrument

government, workers’ and employers’ organisations with regard to child labour, particularly in supply chains. Its core activities notably provide a forum of exchange of experience and know-how, training, create linkages with national- and local-level institutions and programmes, contribute to research on child labour and enable to reach out to additional companies (ILO, n.d.-e).

3. Support through the Neighbourhood, Development and International Cooperation Instrument

Presentation of the NDICI The Neighbourhood, Development and International Cooperation Instrument (hereinafter NDICI) was established in the framework of the EU multiannual financial framework (hereinafter MFF) for the 2021-2027 period, following a proposal of the European Commission on 14 June 2018 (European Commission, 2018b). The text of the regulation was approved in a joint vote of the European Parliament’s Development Committee (hereinafter DEVE) and Committee on Foreign Affairs (hereinafter AFET) on 18 March 2021, and will have to be formally adopted by the European Council at first reading (European Parliament, 2021c). The European Parliament will then be expected to vote at second reading on the regulation during its plenary session next June or July, for the regulation’s last stage of adoption (Immenkamp, 2021, p. 12).

The NDICI groups together all current EU instruments for development cooperation. Those include the Common Implementing Regulation (hereinafter CIR); the Development Cooperation Instrument (hereinafter DCI); the European Neighbourhood Instrument (hereinafter ENI); the European Instrument for Democracy and Human Rights worldwide (hereinafter EIDHR); the Instrument contributing to Stability and Peace (hereinafter IcSP); the Partnership instrument (hereinafter PI); the European Fund for Sustainable Development (hereinafter EFSD); the External Lending Mandate (hereinafter ELM); the Guarantee Fund for External Action (hereinafter GFEA); macro-financial assistance and the European Development Fund (hereinafter EDF). Its budget, which expired on 31 December 2020, was EUR 79.5 billion in current prices (EUR 70.8 billion in 2018 prices).

This clustering of instruments stems from the desire to simplify the structure of the EU's external action architecture, whilst rationalising management and oversight systems (Immenkamp, 2021, p. 5).

Pursuant to Article 4 of the EU Provisional agreement resulting from interinstitutional negotiations (European Parliament, 2021a, p. 34), the structure of the instrument is based on three pillars:

• a geographical pillar (Article 4.2), covering programmes for (i) the European

Neighbourhood; (ii) sub-Saharan Africa; (iii) Asia and the Pacific; and (iv) the Americas and the Caribbean. These programmes include areas of cooperation such as good governance, democracy, rule of law and human rights; poverty eradication, fight against inequalities and human development; inclusive and sustainable growth and decent employment;

• a thematic pillar (Article 4.3), covering thematic programmes on (i) human rights and democracy; (ii) civil society organisation; (iii) Peace, Stability and Conflict Prevention; and (iv) global challenges. Areas such as women and children, and decent work and social protection, will also be covered; • a rapid response pillar (Article 4.4), designed for quick responses and aiming at (i) contributing to peace, stability and conflict prevention in situations of urgency, emerging crisis, crisis and post-crisis, including those which may result from migratory flows and forced displacement; (ii) contributing to strengthening the resilience of states, societies, communities and individuals and to linking humanitarian aid and development action and, where relevant, peacebuilding; (iii) addressing Union foreign policy needs and priorities.

Following Article 17 of the provisional agreement (European Parliament, 2021a, p. 37), a cushion is also designed to address emerging challenges and priorities, and will (i) ensure an appropriate response of the Union in the event of unforeseen circumstances; (ii) address new needs or emerging challenges, such as those at the Union’s or its neighbours’ borders linked to crisis, either natural or man-made, violent conflict and post-crisis situations or migratory pressure and forced displacement; and (iii) promote new Union led or international initiatives or priorities.

The role of the NDICI in the reduction of child labour The NDICI will be the only instrument to implement the EU’s development cooperation policy, which aims at realising the 2030 Agenda for Sustainable Development (hereinafter 2030 Agenda) and its Sustainable Development Goals (hereinafter SDGs), with which the realisation of the children’s rights is closely linked. SDG 8.7 indeed urges to “take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour,” whilst SDG 16.2 demands to “end abuse, exploitation, trafficking and all forms of violence against and torture of children” (UN, 2015, pp. 20-25).

The NDICI thus raises some expectations on the commitment of the European Union to address child labour. Some recommendations have already been made by various stakeholders to improve the protection of children’s rights, both in the context of specific projects and as part of a more global strategy on children. Following the EU's commitment to develop a comprehensive Child Rights strategy, UNICEF recommended, together with other organisations, that the EU institutions “develop and implement a Child Marker to monitor and track impact on children of Neighbourhood, Development, and International Cooperation Instrument (NDICI), ensuring that 25% of annual spending is focused on childspecific outcomes” (UNICEF et al., 2020, p. 18). Similarly, they stressed the need for the EU to “prioritise specific resources that address the needs of children in most vulnerable situations” (UNICEF et al., 2020, p. 19) and to “assist partner countries in building and strengthening child protection systems through EU technical assistance” in line with the EU Action Plan on Human Rights and Democracy 2020-2024 (UNICEF et al., 2020, p. 24). Likewise, a report on the EU support for care reform for children in Uganda in the 20212027 period, also suggested practical steps for the EU institutions to ensure that the NDICI

will support a comprehensive reform of the childcare system in Uganda (Hope and Homes for Children et al., 2020).

The text of the EU Provisional agreement (European Parliament, 2021a, p. 34) shows that the European Union has every intention of respecting, through the NDICI, its commitments to human rights, and in particular the rights of the child. Indeed, in the areas of cooperation of both the thematic and geographic programmes, the agreement makes explicit references to the core ILO labour standards and the ILO’s Global Agenda on Decent Work,31 as well as social dialogue,32 the rights of the child and the fight against child labour,33 corporate social responsibility and due diligence.34 A whole section in Annex III on the areas of intervention for thematic programmes is also dedicated to children and youth, and notably emphasises the necessity to focus on “health, nutrition, education, social protection and early childhood development, including through dedicated youth friendly services” as well as on new initiatives to ensure that “children get the best start in life and are protected in all areas from violence, abuses and neglect, including by promoting the transition from institutional to community-based care for children” (European Parliament, 2021a, p. 100). 35

Furthermore, the NDICI should be understood as building on the instruments it brings together, through which many projects and programmes have already been implemented in relation to labour rights. Many of these projects have been aimed at fostering business and human rights, as well as responsible business conducts. As an example, the Bangladesh Sustainability Compact and the Myanmar Labour Rights Initiative sought to improve labour rights and safety conditions for workers in the garment industries of Bangladesh and Myanmar (OHCHR, 2020, p. 16). Other projects have been designed to improve labour conditions in developing countries in specific value chains, both under the DCI and the EDF. With regard to the garment and textile sectors, the European Union thus supported the ILO and Food and Agriculture Organisation’s four-year “Clear Cotton Project”, which aimed to eliminate child labour and forced labour in the cotton, textile and garment value chains in Burkina Faso, Mali and Pakistan (ILO, 2018, p. 2). The project focused on strengthening policy, legal and regulatory frameworks to combat child labour and forced labour in the cotton, textile and garment sector (ILO, 2018). It also sought to assist local governments, public services providers, and other relevant stakeholders to take effective action to stop child labour, through very concrete actions, including due diligence, remedial mechanisms, and the development of community-based multi-stakeholder monitoring. Several other

31 See notably Article 31 (European Parliament, 2021b) on the Scope and financing of the EFSD+, the budgetary guarantees and financial assistance to third countries of the provisional agreement; see also Annex III on the areas of intervention for thematic programmes, Part A, para. 6.b, and Annex V on the priority areas of the EFSD+ operations covered by the external action guarantee of the provisional agreement. 32 See notably Annex II on the areas of cooperation for the geographic programmes, para. 5.a and Annex III on the areas of intervention for thematic programmes, Part A para. 6.b of the provisional agreement (European Parliament, 2021b). 33 See notably Annex II on the areas of cooperation for the geographic programmes, para. 5.a and Annex III on the areas of intervention for thematic programmes, Part A paras. 4 and 6.b of the provisional agreement (European Parliament, 2021b). 34 See notably Article 38 on the implementation of External Action Guarantee agreements; Annex II on the areas of cooperation for the geographic programmes, para. 4.g. and 5.e; the Annex III on the areas of intervention for thematic programmes, Part A para. 6.b and Part C para. 1.h. of the provisional agreement (European Parliament, 2021b). 35 Annex III, Part A para. 4.a. and b.