Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - République démocratique populaire lao (Ratification: 2005)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that while the Obligations of National Defence Services Act, in sections 3 and 6, refers to conscription from the age of 18, there did not appear to be provisions criminalizing the compulsory recruitment of children for use in armed conflict.

The Committee notes the Government’s indication that revision of the Labour Law is underway, and a new Labour Protection Law is currently under development. The Government states that these pieces of legislation should contain a provision defining the compulsory recruitment of children for use in armed conflict as a worst form of child labour. The Government also states that the Penal Law should criminalize this offence, with sufficiently effective and dissuasive penalties. The Government indicates that it will take this matter into consideration. The Committee requests the Government to pursue its efforts to ensure that the forced or compulsory recruitment of children under 18 years of age in armed conflict is prohibited, in conformity with Article 3(a) of the Convention. It requests the Government to provide a copy of the legislative provisions adopted in this regard.

Clause (c). Use, procuring or offering a child for illicit activities, production and trafficking of drugs. The Committee previously noted that, pursuant to section 146 of the Penal Act, the production, trade, distribution, possession, importation, exportation, transportation or transit of narcotics is prohibited. The Committee also noted that, pursuant to section 41(5) of the Penal Act, “the initiation of minors into committing or participating in an offence” is included as a circumstance conducive to the increase of penal responsibility. However, the Committee observed that the term “minor” does not appear to be defined in the Penal Act.

The Committee notes the Government’s statement that there is no definition of the term “minor” in the Penal Law, and that this Law needs to be revised in this regard. The Committee urges the Government to take measures to ensure that Penal Code is revised so that the use, procuring or offering of a child under 18 for the production and trafficking of drugs is prohibited, in conformity with Article 3(c) of the Convention.

Clause (d) and Article 4(1). Self-employed workers. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside of a formal labour relationship from its scope of application. It, therefore, observed that the section prohibiting the engagement of children under 18 in hazardous work (section 41 of the Labour Law) did not apply to children engaged in work outside of a formal labour relationship. The Committee previously requested the Government to take measures to ensure that self-employed children are protected against hazardous types of work.

The Committee notes with interest that section 87 of the Law on the Protection of the Rights and Interests of Children of 2006 prohibits using child labour in hazardous sectors, and prescribes a penalty of imprisonment from three months to one year and fine from 1,000,000 Laotian Kip to 2,000,000 Laotian Kip if the perpetrator has been subject to administrative measures but has repeated the offence. Section 2 of this Law defines a child as all persons under 18 years of age. The Committee also notes the Government’s indication that it is considering strengthening the capacity and operations of the labour inspection services in order to deal with child labour in the informal economy.

Article 5. Monitoring mechanisms. Labour inspectorate and the Committee on Protection and Assistance to Children. The Committee previously requested the Government to provide information on the operation of the labour inspection services and the Committee on Protection and Assistance to Children, with regard to combating the worst forms of child labour.

The Committee notes the Government’s indication that the Committee on Protection and Assistance to Children will soon be established. The Government also states that Child Protection Networks have been established at the local level. In this regard, the Committee notes the information in the Government’s reply to the list of issues of the Committee on the Rights of the Child (CRC) of 11 January 2011, that the Government is working with UNICEF to establish these Networks, which operate in five provinces. The Government indicates that, for the implementation of these Networks, committees have been appointed as focal points at the provincial, district, and village levels (CRC/C/LAO/Q/2/Add.1). The Committee further notes the information in the Government’s report that labour monitoring and inspection mechanisms have been established and are operating at the central and local levels, to protect the rights of workers, particularly children. The Government further indicates that these inspection services have not detected any cases of forced labour. The Committee requests the Government to provide information on the activities of the labour inspections services, the Child Protection Networks and the Committee on the Protection and Assistance to Children, related to protecting children working in the informal economy from engaging in hazardous work.

Article 6. Programmes of action. The Committee previously noted that a National Plan of Action against the Commercial Sexual Exploitation of Women and Children was endorsed. It also noted that the Government was in the process of developing its first National Plan of Action against Trafficking in Persons. The Committee requested information on the implementation of these programmes.

The Committee notes the Government’s statement that both action plans contribute to the elimination of child labour. The Committee also notes the information from the ILO subregional Office in Bangkok that capacity building on child labour for national stakeholders is planned with a view to formulating a draft National Plan of Action for the elimination of the worst forms of child labour by 2016. The Committee requests the Government to pursue its efforts to develop a National Plan of Action for the elimination of the worst forms of child labour. It requests the Government to provide information on progress made in this regard, and to provide a copy of this Plan, once completed.

Article 7(1), and Part V of the report form. Penalties and the application of the Convention in practice. Trafficking. The Committee previously noted the information in the report entitled “The Mekong challenge: Winding roads: Young migrants from Lao PDR and their vulnerability to human trafficking”, issued by ILO–IPEC in 2005, that more than 20 per cent of all Lao migrants from three major sending provinces are typically younger than 18 and more than two-thirds of them are girls who are vulnerable to sexual exploitation, forced labour and exploitative domestic labour. The Committee requested information on the enforcement of the legislative provisions related to trafficking, as well as the application of relevant penalties.

The Committee notes the Government’s statement that it has made a strong effort to enforce the laws regarding human trafficking, and that that complaints regarding trafficking have been investigated. In this regard, the Committee notes the Government’s statement that authorities reported investigating 20 cases of trafficking, involving 47 alleged offenders. The Government indicates that 33 trafficking offenders were convicted in 2010. However, the Committee notes that the CRC, in its concluding observation of 8 April 2011, expressed concern that Lao People’s Democratic Republic (Lao PDR) remains a country of origin, transit and destination for victims of trafficking for the purposes of forced labour and sexual exploitation (CRC/C/LAO/CO/2, paragraph 67). In this regard, the Committee expresses its concern at the significant number of children in Lao PDR who are vulnerable to trafficking, and strongly encourages the Government to strengthen its efforts with regard to monitoring and combating the trafficking of persons under the age of 18. It also requests Government to continue to provide information on measures taken to address child trafficking, and on the results achieved, such as the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the Education for All National Plan of Action 2003–15 (EFA–NPA) targets school drop-outs and children not admitted into primary schools and includes measures to increase access to primary education. Nonetheless, the Committee noted the statement in the EFA–NPA that, during the agricultural season, many rural children do not attend school since they are required to help their families with planting and harvesting.

The Committee notes the Government’s indication that the Ministry of Education has a special policy to promote educational access for children from poor families. The Government also indicates the EFA–NPA has the target of universal primary education by 2015. However, the Government indicates that in reality, it is difficult for poor families to send their children to school. In this regard, the Committee notes the information from the UNESCO Education for All Global Monitoring Report of 2011 that the net enrolment rate for primary education is 69 per cent. While this indicates an increase of 13 per cent since 1999, the Committee observes that there remain 142,000 out-of-school children of primary school age. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts, within the framework of the EFA–NPA, to facilitate access to free basic education. The Committee requests the Government to continue to provide information on measures taken in this regard, and the results obtained, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Sale and trafficking. The Committee previously noted that the Ministry of Labour and Social Welfare was engaged in the rehabilitation of child victims of trafficking. It encouraged the Government to pursue these efforts, and requested information on the results achieved.

The Committee notes the information in the Government’s report that three transit centres for assisting victims of trafficking have been established in three provinces, and that 111 victims of human trafficking were assisted through these centres. The Committee also notes the Government’s statement in its reply to the list of issues of the CRC of 11 January 2011, that it has established initiatives to reduce the risk of human trafficking through the production and distribution of advertisements in the media in target areas. The Committee further notes the Government’s indication in this reply that 255 girl victims of trafficking were repatriated to Lao PDR in 2007, 234 such victims in 2008 and 148 such victims in 2009 (CRC/C/LAO/Q/2/Add.1).

The Committee takes due note of the measures taken by the Government to prevent child trafficking, as well as the measures taken to rehabilitate and reintegrate child victims. Noting the significant number of child victims of trafficking that have been repatriated to Lao PDR, the Committee requests the Government to pursue its efforts to ensure that these children are provided with appropriate support services for their rehabilitation and social integration. It requests the Government to continue to provide information on the implementation of measures in this regard, including on the number of child victims of trafficking who have been removed and rehabilitated, as a result of the measures taken.

Clause (d). Children at special risk. Street children. The Committee previously noted that the Ministry of Labour and Social Welfare was collaborating with UNICEF on a project aimed at preventing children from living on the street and rehabilitating existing street children.

The Committee notes the information in the Government’s report to the CRC of 10 August 2010 that there is no information available on the number of street children in Lao PDR (CRC/C/LAO/2, paragraph 86). The Committee also notes the Government’s statement in its reply to the list of issues to the CRC of 11 January 2011 that the phenomenon of street children is caused by poverty, family breakdown, disability, drug dependence, the increasing gap in development between urban and rural areas, the disappearance of the traditional family and the loosening of community ties as a result of urbanization. The Government indicates in this reply that there are centres for assisting street children at the provincial level (CRC/C/LAO/Q/2/Add.1). Recalling that the children who live and work on the street are particularly at-risk for being engaged in the worst forms of children, the Committee requests the Government to continue to take measures to protect this vulnerable group, and to provide information in this regard.

Ethnic minorities. The Committee previously noted that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 18 April 2005, expressed concern at the significant obstacles to accessing education and vocational training that exist for people from ethnic minorities (CERD/C/LAO/CO/15). It also noted the information in the EFA–NPA that the significant barriers faced by children from ethnic minorities included that provinces with large ethnic group populations seriously lack qualified teachers and have more villages without schools. Moreover, the Committee noted the results of the 2004 survey (conducted by the Ministry of Labour and Social Welfare and UNICEF) indicating that 60 per cent of trafficking victims were girls aged between 12 and 18 years (35 per cent of whom ended up in forced prostitution), and that all came from ethnic minority groups.

The Committee notes the Government’s indication that low enrolment and completion rates in primary education are concentrated among children in rural, remote and specific ethnic group areas. However, the Government indicates that one of the main objectives of the EFA–NPA is equitable access to education. In this regard, the Committee notes the information from UNICEF that the Government is implementing, with UNICEF support, a “School of Quality” initiative, which aims to ensure that no child, particularly those from particularly ethnic groups, misses out on education. The Committee also notes the information in the Government’s report to the CRC of 10 August 2010, that children from ethnic minority groups receive scholarships from the Government which enable them to attend school, including boarding schools. The Government also indicates that teachers who volunteer to work in remote areas with such children receive a higher salary (CRC/C/LAO/2, paragraph 104). In light of the view that children from ethnic minorities are particularly vulnerable to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to facilitate educational access to children who are members of ethnic minorities. It also requests the Government to take measures to protect these children from becoming victims of trafficking, and to provide information on specific measures taken in this regard.

Article 8. International cooperation. Sale and trafficking. The Committee previously noted that Lao PDR was participating in the ILO–IPEC project “Reducing labour exploitation of children and women: Combating trafficking in the Greater Mekong Subregion”, which involved the strengthening of multinational and bilateral structures, policies and processes to address trafficking in children and women, with the other participant countries (China, Cambodia, Myanmar, Thailand and Viet Nam). The Committee also noted that the Government had signed a joint Memorandum of Understanding (MOU) to combat human trafficking with five other countries in the Greater Mekong Subregion in 2004, as well as an MOU with the Thai Government in 2005 to promote cooperation on combating trafficking in persons. The Committee requested the Government to provide information on the number of child victims of trafficking that had been assisted within these frameworks.

The Committee notes the information in the Government’s report that between 2010 and 2011, it assisted 1,592 victims of trafficking return from Thailand, including 1,359 persons under the age of 18. The Government indicates that victims of human trafficking received assistance from the established transit centres. The Committee also notes the Government’s statement in its report to the CRC of 10 August 2010, that it is working with the International Organization for Migration on a project to help children and women who have fallen victim to trafficking to return to their home villages.