Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 138) sur l'âge minimum, 1973 - Cambodge (Ratification: 1999)

Autre commentaire sur C138

Observation

2022
2017
2014

Demande directe

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Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee took note of the Government’s efforts to coordinate plans of action and cooperate with the social partners to eliminate child labour in the country. It noted, however, that according to the Cambodia Labour Force and Child Labour Survey of 2012, of the estimated 755,245 economically active children in Cambodia, 56.9 per cent (429,380) were engaged in child labour in violation of the Convention, 55.1 per cent (236,498) of which were engaged in hazardous labour. Of those children engaged in hazardous labour, approximately 5.3 per cent were children aged 5–11 years, 15.8 per cent were children aged 12–14 years, and 42 per cent were children aged 15–17 years. The Committee expressed its concern over the significant number of children below the minimum age for admission to employment who were working in Cambodia, including in hazardous work.

The Committee notes the Government’s information in its report that the Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation (MoSALVY) is reinforcing and strengthening its efforts to combat all forms of child labour. The Committee notes with interest the Government’s information that a new National Plan of Action on the Reduction of Child Labour and Elimination of the Worst Forms of Child Labour was adopted for 2016–25 (NPA–WFCL). It notes the Government’s indication that the NPA–WFCL, along with the Decent Work Country Programme (2016–18) and other national policies, form the roadmap for the elimination of all forms of child labour. The Government adds that the National Committee for Combating Child Labour (NCCL), which is newly established and whose mandate extends beyond that of the former Sub-national Committee on Child Labour, is an effective coordinating and inter-ministerial body led by the Ministry of Labour and Vocational Training (MoLVT) that monitors the effective implementation of policies and laws, and increases the awareness of the public regarding the issues surrounding child labour.

Finally, the Committee notes that, in collaboration with the ILO, a project on expanding the evidence base and reinforcing policy research for scaling-up and accelerating action against child labour 2010–17 (Child Labour Data project) aims to promote generating data on child labour and to effectively use this data in the design and revision of comprehensive national policies and programmes aimed at addressing child labour by improving livelihoods. The Committee encourages the Government to continue to strengthen its efforts, including within the framework of the NPA–WFCL and the Decent Work Country Programme, to eliminate child labour, particularly in hazardous work, and to provide information on the results achieved. The Committee also requests that the Government continue to provide any updated statistical information on the employment of children and young persons that is obtained as a result of the Child Labour Data project.

Article 2(1). Scope of application and labour inspection. 1. Children working in the informal economy. In previous comments, the Committee noted that the Government had drafted amendments to Cambodian labour law to ensure the application of the minimum age for admission to all types of work outside an employment relationship, including self-employment. It also noted that the MoLVT had developed new administrative orders (Prakas) on child labour in tobacco and other agricultural sectors. The Government also indicated that the MoLVT was seeking technical and financial assistance to conduct research concerning the costs and benefits of further extending the minimum working age to informal economic sectors.

The Committee notes the Government’s statement in its report that, with regard to the minimum age for employment or work, the Labour Law applies to all working children except those working in the domestic sector, regardless of whether they have a formal or informal employment relationship. However, the Committee observes that, according to section 1 of the Labour Law, the law “governs relations between employers and workers resulting from employment contracts”. Section 3 provides that a worker is a person “who has signed an employment contract in return for remuneration, under the direction and management of another person”. Therefore the Committee observes that the Labour Law does not apply to workers working on their account or in the informal economy. The Committee nevertheless notes the Government’s information that the MoLVT created, in 2015, a Commission in charge of drafting and amending legislation and regulations [(MoLVT Law Commission)] in the area of labour law. The Commission is currently taking measures to collect information on the application of labour laws and regulations in force, with the aim of improving working conditions and ensuring better protection of children in the labour market.

The Committee recalls that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. In this regard, referring to the 2012 General Survey on the fundamental Conventions (paragraph 407), the Committee emphasizes the importance of ensuring that the labour inspection system effectively monitors working children in all areas and sectors. The Committee therefore takes due note of the Government’s information that the MoLVT has established standardized inspection guidelines, i.e. adopted a labour inspection checklist, to increase the effectiveness of child labour law enforcement and to focus on monitoring and inspecting cases of child labour. The Committee expresses the hope that, in strengthening the capacity of labour inspectors with a view to increasing their effectiveness in monitoring child labour, the situation of children working on their own account or in the informal economy will also be covered. In this regard, the Committee requests the Government to continue to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors, and to provide information on the results achieved.

2. Child domestic workers. The Committee previously noted that, by virtue of section 1(e), the Labour Law does not apply to domestic workers or household servants, who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. It noted that children, primarily girls between the ages of 7 and 17 years, working in domestic service in third-party homes where they are particularly vulnerable to hazardous work, were in need of protection. In this regard, the Committee took note of the project funded by the US Department of Labor which aimed to extend the protection of the Convention to domestic workers and household servants under the minimum age for work.

The Committee notes with concern that the minimum age for employment or work still does not apply to domestic workers and household servants. It notes the Government’s indication that it strongly believes that, following the creation of the MoLVT Law Commission, new legal instruments will be adopted and promulgated in order to provide effective and full protection to all working children. The Committee urges the Government to take the necessary measures, through the MoLVT Law Commission or otherwise, to extend the protection of the Convention to domestic workers and household servants under the minimum age for admission to work. It requests that the Government provide information on the progress made in this regard.

Article 2(3). Compulsory schooling. In its previous comments, the Committee noted the information provided by the Government that “schooling is compulsory for nine years and primary and secondary schools are free” (section 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). The Committee noted that, in accordance with the Cambodian education system, children started school at 6 years of age and completed schooling at 15 years of age.

The Committee notes, however, while children begin schooling at 6 years of age and basic education lasts for nine years, the provisions of the Education Law of 2007 indicate that while basic education is free, it is not compulsory. The Education Law provides that citizens have the right to access education for at least nine years free of charge (section 31), but that parents only have the obligation to enrol their children in grade 1 of the general education programme at the age of 6 (section 36). Referring to the General Survey of 2012 (paragraph 369), the Committee recalls that compulsory education is one of the most effective means of combating child labour. It thus stresses the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment or work, because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour. The Committee therefore urges the Government to take the necessary measures to implement compulsory education, up to the minimum age for admission to employment.

The Committee is raising other matters in a request addressed directly to the Government.