Annex III – Examples of TSD Chapters

Annex III – Examples of TSD Chapters

Table 23: Treatment of Child Labour in TDS Chapters

Partner country Type of treaty Year of Signature

(into force) Dispositions on child labour in TSD chapters Disposition excluding dispute settlement procedures

Korea FTA

Central America EU Association Agreement (AA) 2010 (2015) Chapter 13, art. 13.4 §3 (c): “The Parties, in accordance with the obligations deriving from membership of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, commit to respecting, promoting and realising, in their laws and practices, the principles concerning the fundamental rights, namely: (…) (c) the effective abolition of child labour (…)”.

2012 (2013) Title VIII, art. 286.1: the Parties “reaffirm their commitments to respect, promote, and realise in good faith and in accordance with the ILO Constitution, the principles concerning the fundamental rights which are the subject of the fundamental ILO Conventions, namely: (…) (c) the effective abolition of child labour”.

Title VIII, art. 286.2: “the Parties reaffirm their commitment to effectively implement in their laws and practice the fundamental ILO Conventions contained in the ILO Declaration of Fundamental Principles and Rights at Work of 1998, which are the following: (…) (b) Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour”.

NB: in title III (Social development and social cohesion), art. 42 also states that: “The Parties agree to cooperate in order to promote employment and social protection through actions and programmes, which aim in particular to: (…)(f) ensure the respect (TSD chapters as non-enforceable dispositions)

Art. 13.16: “For any matter arising under this Chapter, the Parties shall only have recourse to the procedures provided for in Articles 13.14 and 13.15”. Art. 13.14 addresses government consultations, whilst art. 13.15 deals with a panel of experts.

Art. 284.4: “The Parties shall not have recourse to dispute settlement procedures under Title X (Dispute Settlement) of Part IV of this Agreement and to the Mediation Mechanism for Non-Tariff Measures under Title XI (Mediation Mechanism for Non-Tariff Measures) of Part IV of this Agreement for matters arising under this Title.”

Georgia AA inc. the Comprehen sive and Free Trade Areas (DCFTA)

Moldova AA inc. DCFTA for the fundamental principles and rights at work identified by the International Labour Organization's Conventions, the so-called Core Labour Standards, in particular as regards the freedom of association, the right to collective bargaining and nondiscrimination, the abolition of forced and child”.

In title IV (Economic development), art. 63.2 (on Cooperation and Technical Assistance on Trade and Sustainable Development), parties agree to cooperate on : “(…) (e) strengthening institutional frameworks, development and implementation of policies and programs regarding Fundamental Principles and Rights at Work (freedom of association and collective bargaining, forced labour, child labour, no employment discrimination) and the implementation and enforcement of International Labour Organization (hereinafter referred to as "ILO") conventions and labour laws, as agreed by the Parties”

2014 (2016) Chapter 13, art. 229.2 (c): same wording i.e. “commit to respecting, promoting and realizing (…) the effective abolition of child labour”. Art. 242 (referring to art. 242 addressing government consultations, and art. 243 dealing with a panel of experts).

2014 (2016) Chapter 13, art. 365.2 (c): ibid.

NB: in Chapter 27 (Cooperation in the protection and promotion of the rights of the child), art. 238 (a) also states that: “such cooperation shall include, in particular: (a) the prevention and combating of all forms of exploitation (including child labour), abuse, negligence and violence against children, including by developing and strengthening the legal and institutional framework as well as through awareness-raising campaigns in that domain”. Art. 378 (referring to art. 378 addressing government consultations, and art. 379 dealing with a panel of experts).

Ukraine AA inc. DCFTA

Japan Economic Partnership Agreement (EPA)

Singapore FTA

Viet Nam FTA 2014 (2017) Chapter 13, art. 291.2 (c): “The Parties shall promote and implement in their laws and practices the internationally recognised core labour standards, namely: (…) effective abolition of child labour (…)”.

2018 (2019) Chapter 16, art. 16.3 (c): “(…) the Parties shall respect, promote and realise in their laws, regulations and practices the internationally recognised principles concerning the fundamental rights at work, which are: (…) effective abolition of child labour (…).”

2018 (2019) Chapter 12, art. 12.3 §3 (c): “commit to respecting, promoting and realizing (…) the effective abolition of child labour”. Art. 300.7 (referring to art. 300 addressing institutional and monitoring mechanisms, and art. 301 dealing with the group of experts).

Art. 16.17 (referring to art. 16.17 addressing government consultations, and art. 16.18 dealing with a panel of experts).

Art. 12.16: “In case of disagreement on any matter arising under this Chapter, the Parties shall only have recourse to the procedures provided for in Article 12.16 (Government Consultations) and Article 12.17 (Panel of Experts).”

2019 (2020) Chapter 13, art. 13.4 §3 (c): “to respect, promote and effectively implement the principles concerning the fundamental rights at work, namely: (…) the effective abolition of child labour”. Art. 13.16 (government consultations: “In the event of disagreement on any matter covered under this Chapter, the Parties shall only have recourse to the procedures established under this Article and Article 13.17 (Panel of Experts). Except as otherwise provided for in this Chapter, Chapter 15 (Dispute Settlement) and its Annex 15-C (Mediation Mechanism) do not apply to this Chapter. Annex 15-A (Rules of Procedure) applies mutatis mutandis in accordance with paragraph 2 of Article 13.17 (Panel of Experts)”.