T OBACCO ’ S H IDDEN C HILDREN 92 T OBACCO ’ S H IDDEN C HILDREN 92

T OBACCO ’ S H IDDEN C HILDREN 92 T OBACCO ’ S H IDDEN C HILDREN 92

A number of countries have prohibited all children from working in tobacco farming, including Brazil and India, the top two global producers of leaf tobacco after China. 295 Brazil prohibits children under the age of 18 from “planting, with the exception of clearing, levelling soil and weeding; at harvest, processing or industrialization of tobacco.” 296 India prohibits children under 18 from working with tobacco, including “handling tobacco in any form.” 297 Malawi, the sixth leading producer of tobacco worldwide, prohibits children from working in all tasks on commercial tobacco farms, and from certain tasks on all farms: “Tobacco Sector: i) topping and suckering activities or handling tobacco leaves in the harvesting process; ii) handling or grading tobacco leaves in damp conditions or conditions of poor lighting or ventilation; iii) any other work involving tobacco in commercial tobacco estates and farms.” 298 Other countries, including Russia, 299 Kazakhstan, 300 Uganda, 301 also prohibit children under 18 from performing many tasks that expose them to tobacco plants.

295 Food and Agriculture Organization of the United Nations, Statistics Division (FAOSTAT), “Production, Countries by Commodity, Tobacco, Unmanufactured, 2012,” August 2013, http://faostat.fao.org/site/339/default.aspx (accessed March 18, 2014).

296 Government of Brazil, Inspectorate Labour Order No. 20/2001, amended by Order No. 4/2002. On file with Human Rights Watch. Available at ILO-IPEC, Legislation and Policy Response database (LEPORD), http://cl-legal-info.itcilo.org (accessed

May 6, 2014). See also, Government of Brazil, “Decree No. 6.841 of June12, 2008 regulating Articles 3(d) and 4 of Convention No. 182 of the International Labour Organization (ILO) concerning the prohibition and immediate action for the elimination of the worst forms of child labour, as provided by Legislative Decree No. 178, of 14 December 1999, and promulgated by Decree No. 3.597 of 12 September 2000,and other provisions, “ cited in “Child Labor on Tobacco Becomes a Training Subject in Prudentopolis,” Sinditabaco, September 6, 2012, http://sinditabaco.com.br/en/child-labor-on-tobacco-becomes-a-training- subject-in-prudentopolis/ (accessed May 6, 2014). 297 Government of India, Child Labour (Prohibition and Regulation) Act, 1986, The Schedule, Part B: Processes, para 48,

http://clc.gov.in/Acts/shtm/chla.php (accessed March 18, 2014). 298 Employment Act (CAP . 55:22) Employment (Prohibition of Hazardous Work for Children) Order, 2012 The Malawi Gazette Supplement, February 17, 2012,(Regulations, Rules etc., (No. 1A),

http://www.ilo.org/dyn/natlex/natlex_browse.details?p_lang=en&p_country=MWI&p_classification=04&p_origin=SUBJECT (accessed March 18, 2014). The Order states hazardous work shall not be prohibited for children between the ages of 16 and

18 where the “health and safety of that person is fully protected, and …the person has received adequate training in performing the activities.” 299 Under Russian law, children under 18 are prohibited from being employed in “harvesting, transportation and initial

processing tobacco.” Degree of the Russian Federation, February 25, 2000, No. 163 (as amended June 20, 2011), “Confirming the List of Heavy Work and Work with Hazardous or Dangerous Conditions, in which it is Prohibited to Employ Persons Under

18 Years Old.” [Постановление Правительства РФ от 25.02.2000 N 163 (ред. от 20.06.2011) ["Об утверждении перечня тяжелых работ и работ с вредными или опасными условиями труда, при выполнении которых запрещается применение труда лиц моложе восемнадцати лет"], item 1971. 300 Order of the Ministry of Labor and Social Protection of the Republic of Kazakhstan, No. 185-P, July 31, 2007, On

Confirming the List of Professions in Which It Is Prohibited to Hire Workers Under the Age of Eighteen Years Old, and Establishing the Norms For Hauling and Moving of Heavy Loads for Workers Under the Age of Eighteen.