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UNCLAS STATE 021472 
 
 
PLEASE PASS TO LABOR REPORTING OFFICERS 
 
E.O. 12958: N/A 
TAGS: EIND ELAB ETRD PHUM SOCI
SUBJECT: FOLLOW-UP REQUEST FOR INFORMATION ON FORCED LABOR 
AND CHILD LABOR  IN THE PRODUCTION OF GOODS FOR MANDATORY 
CONGRESSIONAL REPORTING REQUIREMENTS. 
 
REF: A. REF #1 STATE 43120 
     ¶B. REF #2 STATE 01730 
 
¶1.  This is an action request.  Please see summary 
paragraph (para. 2) and paras. 9 through 13 for specific 
information requested. 
 
¶2.  Summary:  This is a follow-up request for information 
(see refetel #1) on the use of forced labor and exploitative 
child labor in the production of goods.  DOL will use the 
information to respond to mandates set forth in the 
Trafficking Victims Protection Reauthorization Act of 2005, 
Section 105(b).  Responses are requested by April 16, 2009. 
 
¶3.  Please note that for the posts listed below, this 
follow-up request is not in reference to the primary 
reporting country, but to other countries or territories 
covered by Post, as follows:  Rabat(for Western Sahara), 
Antanarivo (for Comoros), Hong Kong (for Macau), Colombo (for 
both Sri Lanka and Maldives), Dakar (for Guinea-Bissau), 
Dubai (for Iran), Jerusalem (for the Palestinian 
Territories), Libreville (for Sao Tome and Principe), New 
Delhi (for Bhutan), Port Louis (for Seychelles), Port Moresby 
(for Solomon Islands), and Seoul (for both South Korea and 
North Korea). 
 
¶4.  Responses are requested from all addressees.  Posts with 
no record of child labor or forced labor in the production of 
goods are requested to indicate this in a response cable to 
DOL, DRL, and G/TIP. 
 
¶5.  Background:  The Trafficking Victims Protection 
Reauthorization Act of 2005 (TVPRA), Section 105(b), 
directed ILAB to initiate additional activities to monitor 
and combat forced labor and child labor in foreign countries. 
 Among these was the specific requirement to develop and make 
available to the public a list of goods from countries that 
ILAB has reason to believe are produced by forced labor or 
child labor in violation of international standards.  ILAB,s 
statutory deadline for publication of this list (per the 
TVPRA of 2008) is January 15, 2010.  For more information on 
the TVPRA requirements, see reftel #1.  For answers to common 
question about this mandate, see DOL,s Frequently Asked 
Questions at 
http://www.dol.gov/ilab/programs/ocft/pdf/TVP RA-FAQ.pdf. 
 
¶6.  Pursuant to this mandate, in December 2007 DOL published 
a set of procedural guidelines in the Federal Register that 
ILAB has followed in developing its list of goods.  The 
guidelines set forth the criteria by which information is 
evaluated; establish procedures for public submission of 
information to be considered by ILAB; and lay out the process 
ILAB will follow in maintaining and updating the list after 
its initial publication.  The Federal Register Notice is 
available under the Child Labor Tab on the Labor Diplomacy 
Forum on-line community: 
www.intelink.gov/communities/state/labordiplo macy, and at: 
http://edocket.access.gpo.gov/2007/pdf/E7-250 36.pdf. 
 
¶7.  In compiling its draft list, ILAB has gathered and 
analyzed research from a variety of sources including 
comprehensive desk reviews and in-country research carried 
out by ILAB contractor; data and information from ILAB 
technical assistance project grantees overseas; a public 
request for information published in the Federal Register 
(see the same FRN referenced in para. 6); a Public Hearing 
held at DOL on May 28, 2008 (transcript available at 
http://www.dol.gov/ilab/programs/ocft/pdf/200 80423g.pdf); 
extensive ILAB staff research; and reporting cables received 
from posts in response to reftel #1.  These reporting cables, 
when received, have been valuable sources of information for 
DOL. 
 
¶8.  Note to Beirut, Dakar, Lima, Managua, Mexico City, New 
Delhi, and Seoul:  These posts may recall reftel #2 of 
January 7, 2009, which requested comment from selected posts 
on DOL,s draft list of goods.  That list was an initial 
draft, and DOL expects to add and/or remove goods on an 
ongoing basis per our procedural guidelines.  Thus, new 
reporting from these posts, per the action request in para. 
9, continues to be useful and timely. 
 
¶9.  Action request: Posts are requested to provide current 
information on forced labor and exploitative child labor 
in the production of goods.  Responses are requested by 
April 16, 2009.  Posts are requested to submit all replies 
via unclassified cable, ACTION Secstate and Department of 
Labor, slugged DOL/ILAB for Leyla Strotkamp, DRL/ILCSR for 
Mark Mittelhauser and G/TIP for Steve Steiner.  DOL is unable 
to cite classified or SBU cables. 
 
¶10.  Posts are requested to contact appropriate host 
government officials; international organizations such as 
the International Labor Organization (ILO); research 
institutions and universities; NGOs and worker 
organizations; and other local/national organizations to 
gather information.  Posts are also encouraged to contact 
USG agency counterparts (e.g., USAID, DHS/Immigration and 
Customs Enforcement (ICE) attaches, and others).  Posts 
may wish to communicate to interlocutors that the impetus 
for this request was the Trafficking Victims Protection 
Reauthorization Act of 2005, Section 105 (available at 
http://www.state.gov/g/tip/rls/61106.htm), in which 
Congress mandated that DOL produce a list of goods which 
the Bureau of International Labor Affairs has reason to 
believe are produced with forced labor or child labor in 
violation of international standards.  This will also be 
helpful to DOL in fulfilling its mandate, as directed by 
Congress, to provide information regarding trafficking in 
persons for the purpose of forced labor to the Office to 
Monitor and Combat Human Trafficking of the Department of 
State for inclusion in the Trafficking in Persons Report 
required by Section 110(b) of the TVPA of 2000, as well as 
to consult with other departments and agencies of the 
United States Government to reduce forced and child labor 
internationally and ensure that products made by forced 
labor and child labor in violation of international 
standards are not imported into the United States. 
 
¶11.  Information requested:  Information on forced labor and 
exploitative child labor in the production of goods should be 
organized by good, and when possible, the following format 
should be used: 
 
-     Good 
 
Please ensure that goods meet DOL,s definition; see para. 
¶17.  ILAB is interested only in information related to the 
production of goods and is not requesting information on 
forced labor or exploitative child labor in services such 
as domestic work, construction, portering, and commercial 
sexual exploitation. 
 
-     Type of exploitation found in the production of the 
good 
 
For example, forced labor (and if possible, type such as 
debt bondage), exploitative child labor, and/or both. 
Information should meet ILAB,s established definitions of 
these terms (see paras. 15 - 17 for definitions). 
Information about child labor that is not exploitative, or 
adult labor that is not forced, per ILAB,s definitions, 
should not be included. 
 
-     Sources of information and years 
 
Please list sources of information, whether written 
sources or interviews.  Written sources should preferably 
be studies carried out using reliable, sound research 
methodologies, from sources that have a reputation for 
accuracy and objectivity.  In gathering information from 
NGOs and other local/national organizations, posts should 
attempt to confirm these organizations, accuracy and 
objectivity before submitting information to DOL.  If 
sources do not wish to be named, they may be listed as 
credible NGO, credible government source, etc. 
Information should be no more than 7 years old at the time 
of receipt.  The most current information should generally 
be given priority, and information older than 7 years 
should generally not be reported to DOL. 
 
-     Narrative 
 
Narrative should include any available, credible 
information on the nature and conditions of the forced 
labor or exploitative child labor used in the production 
of the good. To the extent possible and applicable please 
provide specific information on: types of work performed; 
working conditions; age(s), gender(s), and ethnic 
backgrounds of workers; how they came to be involved in 
the situation, including instances of trafficking; 
physical and psychological risks (abuse, dangerous working 
conditions, threats); debt arrangements with the employer; 
captivity/freedom to leave workplace; regions/locations 
where they work; how long they have been in the situation; 
estimated numbers of people in the situations.  DOL 
prefers information that can be corroborated, so please 
provide statements about levels of corroboration.  For 
instance, two reliable written sources and two NGO 
interviews provided evidence of forced adult labor being 
used in the harvesting of corn. 
 
-     Incidence 
 
DOL is particularly interested in goods where the evidence 
warrants a determination that the incidence of forced 
labor or exploitative child labor in the production of the 
good is significant in the country.  Information that 
relates only to a single facility or that indicates an 
isolated incident of exploitative child labor or forced 
labor should be reported, but post should indicate that 
the incident was isolated and reports of wider incidence 
could not be found. 
 
-     Host government, industry, or NGO efforts 
specifically designed to combat forced labor of adults or 
children in the production of goods 
 
In gathering this information, DOL is particularly 
interested in efforts that have been proven to 
significantly reduce if not eliminate forced labor in the 
production of the particular good in question.  Please 
note that information on efforts to combat other forms of 
exploitative child labor (other than forced child labor) 
is not needed, as it is gathered via a separate tasking. 
 
¶12.  DOL would also welcome information about goods that 
may have some indication of forced labor or child labor in 
their production, but not enough to report on in this 
tasking.  These are goods that would merit further 
research, and DOL may take such information into account 
in making decisions about future research funding.  If 
there are such goods, please provide this information in a 
separate paragraph. 
 
¶13.  When possible, please provide copies of source 
materials to DOL.  If such materials are available, please 
provide internet links, fax them, or pouch them to: 
Charita Castro/Leyla Strotkamp, U.S. Department of Labor, 200 
Constitution Ave. N.W., Room S-5317, Washington, D.C. 20210, 
e-mail castro.charita@dol.gov or strotkamp.leyla@dol.gov, fax 
(202) 693-4830. 
 
¶14.  Questions regarding this request may be directed to 
Charita Castro at (202) 693-4844, e-mail: 
castro.charita@dol.gov, or Leyla Strotkamp at (202) 693-4813, 
e-mail: strotkamp.leyla@dol.gov, with CC to DRL and G/TIP. 
 
- - - - - - 
DEFINITIONS 
- - - - - - 
 
¶15.  For the purpose of this request, the term 
exploitative child labor follows the definition in ILO 
Convention 182 of the worst forms of child labor, which 
comprises: 
(A)  All forms of slavery or practices similar to slavery, 
such as the sale and trafficking of children, debt bondage 
and serfdom, and forced or compulsory labor, including 
forced or compulsory recruitment of children for use in 
armed conflict; 
(B)  The use, procuring or offering of a child for 
prostitution, for the production of pornography or for 
pornographic performances; 
(C)  The use, procuring or offering of a child for illicit 
activities, in particular for the production and 
trafficking of drugs as defined in relevant international 
treaties; or 
(D)  Any work which, by its nature or the circumstances in 
which it is carried out, is likely to harm the health, 
safety or morals of children.  In regard to this final 
category of worst forms, individual countries have the 
responsibility to define what additional work activities 
are likely to harm children.  Posts are requested to 
consult with host governments to determine what kinds of 
child work activities are considered to be worst forms in 
the particular country context.  Congressional guidance 
for the report has indicated that the phrase worst forms 
generally not apply to situations in which children work 
for their parents on bona fide family farms or holdings. 
The worst forms of child labor are also distinct from 
light work.  Light work is defined by ILO Convention 138 
as work not likely to harm the health or development of 
young persons, or to prejudice their attendance at school. 
 
¶16.  For the purpose of this request, the term forced 
labor closely follows the definition in ILO Convention 29: 
All work or service which is exacted from any person under 
the menace of any penalty for its nonperformance and for 
which the worker does not offer himself voluntarily, and 
includes indentured labor. Forced labor includes work 
provided or obtained by force, fraud, or coercion, 
including: (1) By threats of serious harm to, or physical 
restraint against any person; (2) by means of any scheme, 
plan, or  pattern intended to cause the person to believe 
that, if the person did not perform such labor or 
services, that person or another person would suffer 
serious harm or physical restraint; or  (3) by means of 
the abuse or threatened abuse of law or the legal process. 
 
For purposes of this definition, forced labor does not 
include work or service required by compulsory military 
service laws for work of a purely military character; work 
or service which forms part of the normal civic 
obligations of the citizens of a fully self-governing 
country; work or service exacted from any person as a 
consequence of a conviction in a court of law, provided 
that the said work or service is carried out under the 
supervision and control of a public authority and that the 
said person is not hired to or placed at the disposal of 
private individuals, companies or associations; work or 
service required in cases of emergency; and minor communal 
services performed by the members of the community in the 
direct interest of the said community. 
 
The ILO provides further guidance on the meaning of menace 
of penalty and the voluntary nature of the work or 
service. 
Examples of menace of penalty include the actual presence 
or credible threat of: 
- Physical violence against worker or family or close 
associates 
- Sexual violence 
- Threat of) supernatural retaliation 
- Imprisonment or other physical confinement 
- Financial penalties 
- Denunciation to authorities (police, immigration, etc.) 
and deportation 
- Dismissal from current employment 
- Exclusion from future employment 
- Exclusion from community and social life 
- Removal of rights or privileges 
- Deprivation of food, shelter or other necessities 
- Shift to even worse working conditions 
- Loss of social status 
 
Examples of lack of consent to (involuntary nature of) 
work include: 
- Birth/descent into slave or bonded status 
- Physical abduction or kidnapping 
- Sale of person into the ownership of another 
- Physical confinement in the work location  in prison or 
in private detention 
- Psychological compulsion, i.e. an order to work, backed 
up by a credible threat of a penalty for non-compliance 
- Induced indebtedness (by falsification of accounts, 
inflated prices, reduced value of goods or services 
produced, excessive interest charges, etc.) 
- Deception or false promises about types and terms of 
work 
- Withholding and non-payment of wages 
- Retention of identity documents or other valuable 
personal possessions 
 
¶17.  For the purpose of this request, goods means goods, 
wares, articles, materials, items, supplies, and 
merchandise.  A good can be a raw material (e.g. iron 
ore), a commodity (e.g. soybeans), a component (e.g. car 
parts), or a finished product (e.g. the car).  DOL is 
interested not only in goods produced for export, but also 
in goods extracted/produced for domestic consumption. 
Sectors such as agriculture or manufacturing are too broad 
to be included in this request; posts should attempt to 
obtain more specific information on particular 
agricultural commodities or manufactured goods. 
 
¶18.  DOL and the Department greatly appreciate Posts, 
continued assistance. 
 
 
CLINTON