7 Foundations to Eliminate Hazardous Child Labor in Ecuador and Panama

7 FOUNDATIONS TO ELIMINATE HAZARDOUS CHILD LABOR IN ECUADOR AND PANAMA

a. Abstract

“7 Foundations for Eliminating Hazardous Child Labor in Ecuador and Panama” is a proposal developed by CARE in partnership with Save the Children, FundaciónObservatorio Social de Ecuador (FOSE), and the Fundación de Desarrollo Social de Panamá (FUNDESPA), organizations specialized in developing and advocating for the implementation of public policies and the enforcement of laws related to child labor, education, health, and the protection of children and youth.This proposal is submitted in response to USDOL SGA12-10 calling for projects to strengthen policy and enforcement to combat child labor among vulnerable populations in Ecuador and Panama.

In response to the situation of child labor existing in rural areas that have high rates of poverty, indigenous, Afro-descendant,andmigrant populations, and people with disabilities, the consortium is proposing to implement, over the next 4 years, a program to advocate for--and strengthen the enforcement of--laws and policies to eliminate the worst forms of child labor (WFCL) in the agricultural sector and other sectors in the rural areas of the provinces of Sucumbios, Esmeraldas, Manabí, Zamora Chinchipe, Morona Santiago in Ecuador; and Darién, Bocas del Toro andColón and Panamá Oestein Panama.The consortium will have an impact at national and local levels by implementing the following 7 strategies, ensuringa focus on human rights, inclusion, participation, ethnic diversity, and gender equality.

i) Strengthen enforcement legislation in Panama and Ecuador and improve the inspection system that derives from legislative mandates, including updating the official lists of hazardous child labor in each country, in a joint effort with the national child labor authorities (National Council for the Eradication of Child Labor (CONEPTI ) and the Ministry of Labor in Ecuador; the National Bureau of Child Labor, the National Council for the Eradication of Child Labor (CETTIPAD) and the Ministry of Labor in Panama).ii) Strengthenyouth safe employment policies,protocols and commitments from public and private agencies, in consultation with youth laborers, employers and government labor inspectors and local authorities. iii)Develop national and local strategies to informabouthazardous child laborto mobilize the publicaround issues pertaining to the WFCL through social alliances with stakeholders, and to enhance the capacityof youth and children’s organizations to lead local and national campaigns. iv) Generate knowledge and support Child Labor Monitoring Systems (CLMS):The project will produce special reports to identify the number and types of child laborers involved in the WFCL in selected provinces, with data disaggregated by age and sex;provide inputs to update the official lists of the WFCL in each country; research the nexus between child labor and disability; produce quarterly reports based on data from the CLMS in each country, fed by the local monitoring committees; and document best practices in policy formulation and enforcement. v) Develop and implement protocols, policies and laws to respond to the identified links between child labor and disability, at the national level.Guidelines will be designed and implemented in close collaboration with a range of stakeholders including labor inspectors, employers, child protection organizations, the justice system, youth laborers and local authorities.vi) Exchangeinformation, knowledge and lessons learned among government entities, justice administrators and NGOs in Ecuador and Panama, and other countries in the region. vii)Mobilize and facilitate public participation and social oversighttopromote transparency and accountability for the policies and processes being implemented.

The project has a budget of $3,500,000 and a cost share contribution of 20% of the total budget (US$ 700,000) to be provided by the participating organizationsin the form of technical advisors, vehicles, offices, and selected activities.

Consortium members have held a series of meetings to ensure that the project design is in alignment with official child labor eradication plans and other processes underway in Ecuador and Panama.Preliminary agreements were signed with the Ministry of Labor, CONEPTI, the Coordinating Ministry of Social Development, the Office of the Vice President of the Republic, Organization of IndigenousPeoples of theAndeanRegion of Ecuador (ECUARUNARI), the Awa Federation, the National Council of People with Disabilities, the Attorney General’s Office and the Council of Citizen Participation and Social Control in Ecuador; and the Ministry of Labor, the Office of the First Lady, CETIPATT, the Comptroller’s Office, NationalSecretaryforChildren, Youth and Family(SENNIAF), the Office of the Public Prosecutor, and National Council of Private Enterprise (CONEP) in Panama.

b. Table of Contents

a. Abstract……..…………………………………………………………………………… ii

b. Table of Contents ..…...………………………………………………………………iv

c. Project Design Narrative……………………………………………………………1

Background……………………………………………………………………………..1
Project design and strategy……….…………………………………………………4
Organization Capacity……...………………………………………………………..23
International and U.S. Government Grant and/or Contract Experience.…28

(a) Country Presence and Host Government Support………………………………………32

(b) Fiscal Oversight….…………………………………………………………………….32

(d) Project management Plan……………………………………………………………….41

d. Annexes (attached separately)

Annex A: Logic Model

Annex B: Work Plan

Annex C: Past Performance Table

Annex D: Project Management Organization Chart

Annex E: Personnel Descriptions, Resumes, and Letters of Commitment

Annex F: Documentation of Country Presence and Host Government Support

Annex G: Audit Reports

7 FOUNDATIONS TO ELIMINATE HAZARDOUS CHILD LABOR IN ECUADOR AND PANAMA

c. Project Design Narrative

Background

According to the 2012 Census of Population and Housing[1], 13% of Ecuador’s children, representing 479,979 Ecuadorian girls and boys aged 5 to 17,are engaged in some form of labor.Of these, 160,000 are between 5 and 14 years of age.The provinces with the highest proportion of child laborers, poor households, indigenous and Afro-descendant populations, domestic workers, children with disabilities and households affected by migratory flows are the provinces of Esmeraldas, Manabi, Sucumbios, Zamora, and Morona[2].

In Panama, according the 2000 Child Labor Survey, 12.2% of children and adolescents aged 10 to 17 are engaged in child labor; that is, more than 60,000 young people in this age group are economically active or working in Panama[3].There are more economically active boys than girls; however the vast majority of domestic workers in other people’s homes are girls and young women, in the provinces of Darien, Colón, Panama Oeste and Bocas del Toro.While household poverty is a predominant factor in the premature incorporation of children and youth into the job market, there are other factors as well, such as:exclusion from the school system[4]; the hidden, unpaid work done primarily by girls in their own homes or in the homes of others; and the evidence that the working conditions, especially in rural areas, are such that child labor continues to be an important part of agricultural economies.

Both Ecuador and Panama have been creating an institutional and legal framework to reduce the number of working girls and boys, and decreases have been registered in both countries thanks to the implementation of policies to attend to the most excluded social groups through conditional cash transfers to the poorest households, universal access to the educational system (especially in Ecuador), gradual improvements in average household income, the implementation of labor oversight mechanisms, advances in the regulatory frameworks following the creation of the National Councils for the Eradication of Child Labor–CONEPTI in Ecuador and CETIPPAT in Panama–and the enactment of plans of action which involve institutions from the government, private sector and civil society.

An analysis of the gaps in the development and enforcement of legislation and policies to combat the worst forms of child labor in rural areas reveals:i) Inadequate and unconsolidated child labor inspection systems. In both countries the systems are perceived as intermittent, not systematic and uncoordinated, focused above all on urban areas, with limited economic, operational and technical resources, and with weak linkages with the entities responsible for child protection and the administration of justice.Protocols need to be updated based on the reality of working adolescents and children in rural areas.ii)Weak systems of information, monitoring, learning and accountability, which limit the ability to followup on the status of children engaged in the WFCL andto access information by decision-makers, protection entities, businesses or the public.The child labor information and monitoring systems depend on isolated and unsustainable initiatives.iii) National and local legislation regarding teenage workers needs specific responses on the worst forms, including domestic work, exploitation[5], and trafficking of young people of legal working age.In addition, it is urgent to consider the linkages between the WFCL and social and educational exclusion, and physical, sexual, emotional, and economic violence.iv) The problem of child labor and its connection to mobility and disabilities continues to be invisible, not sufficiently understood by civil society, government entities and the private sector.Also, there is no clear understanding of the reality of the paid and unpaid domestic work done by girls and boys.v) The voice of working children and adolescents is not taken into account; their interests and needs must be heard when making decisions, especially at the local level.

In order to respond to these gaps, a consortium of organizations has been established, led by CARE, with installed capacities and experience in both countries, to work on 7 “foundations” or components that when implemented in an integral fashion will contribute substantially to the reduction of child labor in Ecuador and Panama:i) Strengthening policies and legislation, especially the labor inspection system in both countries, which includes the design of protocols and training for the implementers in public institutions as well as legislative and regulatory proposals to ensure coherence with ILO Conventions 138 and 182, and to avoid any arbitrariness in their enforcement in the rural areas of Esmeraldas, Sucumbios, Manabi, Zamora and Morona in Ecuador, and Panama Oeste, Darien, Colon and Bocas del Toroin Panama.With the piloting of protocols and training programs carried out in the provinces, the project will strengthen the policy framework through new policies or through the modification of existing ones.ii) Based on the reports of the monitoring system, the project will support the definition of legislation, protocols and protection mechanisms for safe youth employment in conjunction with local governments and key stakeholders.iii)National and local awareness-raising campaignswill be undertaken by the project together with the Ministry of Labor initiative in Ecuador and the Road Map initiative in Panama, building on the impact and effectiveness of initiatives previously implemented or currently under way.iv) The project will promote the generation of knowledge and support ofthe implementation of child labor monitoring systems (CLMS), with the participation of civil society organizations in the target regions.v) Based on reports and studies done in the provinces, the project willdesign protocols and legislation that will address the links between child labor and disabilities at the national level.vi)The project will promote the exchange of knowledge and experiences among the provinces and national institutions in and between both countries through seminars, visits and virtual mechanisms.Finally, vii) the project will develop mechanisms for citizen participation (including that of working children) and social oversight to guarantee effective transparency and accountabilityof the policies implemented.

The project is structured within the context of the National Plan for the Progressive Eradication of Child Labor in Ecuador and the Road Map in Panama in consultation with both governmentsand founded in their disposition to exchange lessons and experiences, will enrich and sustain efforts within the region to address the WFCL and contribute to their eradication.

Project Design and Strategy

“7 Foundations to Eliminate Hazardous Child Labor in Ecuador and Panama” proposes a strategy of intervention that is based on an analysis of the following key factors in Ecuador and Panama:a) gaps in national and international legislation and regulations dealing with child labor; b) the economic, social and cultural contexts which maintain and reproduce hazardous child labor; c) the opportunities for working in local and national territories in coordination with social organizations, government entities and the private sector; d) the feasibility of engaging with and supporting national programs, policies and projects; e) the availability of proven methodologies to use, or the possibility of generating alternative methodologies, which can lead to the revision and creation, with broad based participation from social stakeholders, of policies intended to eliminate hazardous child labor; and, f) intervention and advocacy options for civil society, including children and working children.

The intervention strategy that will guide the project includes the following key elements:

Qualitative and quantitative research on the “state of the art” of the legislation about hazardous child labor in Panama and Ecuador, to provide broader understanding of the issue by government, civil society and private parties.The research studies will seek to fully explore the specificities of child labor among Afro-descendant, indigenous and migrant populations. Child labor in agriculture, selected non-agricultural sectors, and domestic services will be emphasized.At the same time, the linkages between child labor, migration, and the presence of members with disabilities in families living in poverty and extreme poverty will be explored.The research will be done with an action-reflection- action approach and will contribute inputs to the process of policy design, the enforcement of existing policies or the elimination of policies that jeopardizethe human rights of children and adolescents.
Creation and/or strengthening of national and local opportunities for dialogue and consensus-building in the areas of intervention.These opportunities will set the stage for agreements between national government entities, local governments, the private sector, social organizations and representatives of working children and adolescents in relation to policies, strategies and actions carried out in the area of child labor froma human rights-based, inclusive approach with a focus on gender equality.
The formulation of new and reformed legislation and regulations through citizen participation and consensus building among decision-makers, child protection entities, families, and representatives of children and adolescent laborers.These proposals will be shared through a sustained strategy of awareness-rising, education, information and communication.
Implementation of local pilot projects based on the legal instruments identified as key to the eradication of hazardous child labor, leading to verification and potential modification of the instruments by measuring their effectiveness.
Knowledge management promoted through the identification of successful practices in Latin America and the Caribbean for the protection of children and adolescents engaged in hazardous child labor.A comparative study will be carried out amongselected Latin American countries to determine the relative success of legislative actions relating tochild labor, including measures in place for the protection of adolescent laborers and the eradication of the WFCL.
Coordination and sharing of information with the USDOL educational and livelihood services companion initiative for children involved in hazardous child labor, to support the formulation of policies with practical evidence on reentry into the school system and the provision of educational and livelihoods services.
Confirmation of the importance of education and child-based, holistic approaches to eliminating child labor.A focus on policy strengthening and enforcement must not mask the unalterable reality that a lack of quality education alternatives is one of the principal causes of child labor.Quality education, which will be on the project’s policy study and reform agenda, should be seen by policy-makers as one key component of child protection since through school, children can learn skills that will help them build resilience and break the circle of poverty. One outcome of this project will be to develop a discourse that is constructive for children, affirms their right to education, recognizes their participation and role in their families and communities, and supports a positive visionof empowered children in their community.

The project will implement 7 key programmatic components in a coordinated way to close the gaps identified by the consortium[6] and to create policy and legislative frameworks that will effectively contribute to the eradication of child labor in Ecuador and Panama.The actions proposed for implementing these components, which are integrated and mutually supporting, are described in detail below.

1.Strengthen institutional capacity and policies to combat child labor in Ecuador and Panama with an emphasis on improving the inspection system and the legislation governing that system.The project will begin by consolidating coordinationmechanisms among key stakeholders at the national and provincial levels in each country.For Ecuador, nationalcoordination will be fosteredthrough the establishment of a Steering Committeecomprising the Ministry of Labor (MRL), the Ministry of Economic and Social Inclusion (MIES), the Ministry of Education, the Coordinating Ministry of Social Development, the National Prosecutor’s Office (for administration of justice issues), the Vice Presidency of the Republic and the Ministry of Health[7].The Panamanian Committee will be set-up with the Ministry of Labor and Employment (MITRADEL), the Ministry of Education, the Ministry of Social Development, and the Office of the First Lady.At the municipal and provincial levels in both countries, consensus-building forums will be held with members of local government and organizations representing indigenous, Afro-descendant, migrant, and disabled populations,with which the consortium has already established contact and signed agreements. Representatives of the Ministries on the National Steering Committees will also be invited to participate in order to strengthen linkages between nationaland local coordination systems.

During the first year the project will facilitate a series of participatory assessments (with central government entities, local governments, public agencies, civil society and the private sector) in the selected provinces (5 provinces in Ecuador and 4 in Panama: 2 assessments during the first 2 years and 2 during the last 2 years of the project).The assessments will focus on the progress made in the national plan to combat child labor and the identification of the WFCL in each country.They willfocus specifically on work performed by children and adolescents in the agriculture sector, while maintaining a general overview of other economic sectors in rural areas (including agro-industry, fisheries, forestry, tourism and domestic work).They will also evaluate the capacity of the child labor inspection system to conduct inspections and enforce labor laws acrossthe different sectors within the targetprovinces.