Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Minimum Age Convention, 1973 (No. 138) - Lao People's Democratic Republic (Ratification: 2005)

Other comments on C138

Observation

2023
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Previous comments: observation and direct request

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s information, in its report, on the various measures taken by the Government to eliminate child labour, including: (1) the publication of posters and brochures on child labour for the general public; (2) capacity-building and training on the implementation of the National Plan of Action on Prevention and Elimination of Child Labour (2014–20) for government organizations, tripartite organizations and the private sector to allow these actors to better recognize and understand child labour; (3) coordination with partners to monitor the implementation of the National Plan of Action on Prevention and Elimination of Child Labour at the central and local levels; and (4) cooperation with the ILO to re-evaluate the implementation of the National Action Plan in the period 2016–20 and jointly create a plan for the period 2021–25. The Government also repeats the information that it has collected data and created a report on the prevention and elimination of child labour, but once again it does not provide the corresponding data. The Committee further notes, from the ILO Decent Work Country Programme 2022–25, that: (1) overall, women and children in rural areas were most affected by the negative impacts of the COVID-19 pandemic, including increased child labour; and (2) a Labour Force Survey was conducted in 2021–22, which includes a child labour component, but it has not been published yet. Recalling that, in 2017, 41.5 per cent of children aged 5–14 years were engaged in child labour, including in hazardous work, the Committee requests the Government to pursue its efforts to ensure the progressive elimination of child labour in all economic activities, and to continue to provide information on the measures taken in this respect. It also requests the Government to provide: (i) detailed information on the results achieved through the implementation of the National Plan of Action on Prevention and Elimination of Child Labour (2014–2020); (ii) a copy of the updated National Action Plan once adopted; and (iii) a copy of the updated Labour Force Survey once it is published.

Article 2(1). Scope of application and labour inspection. The Committee notes with interest the Government’s indication that the Ministry of Labour and Social Welfare adopted the Agreement on Labour Inspectors No. 2803/MoLSW, dated 13 September 2022, which provides for the deployment of a total of 159 inspectors, up from 77 inspectors in 2019. However, the Government also states that child labour inspections at workplaces across the country did not find any cases of child labour. Recalling the high number of children engaged in child labour in the country, including in the informal economy and in hazardous work, the Committee once again requests the Government to strengthen its efforts, without delay, to adapt and reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal economy. It again requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number and nature of offences reported. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. With reference to its previous comment, the Committee notes with concern the Government’s indication that section 4 of the Ministerial Decree No. 4182/MoLSW on the List of Hazardous Works for Young Persons, of 2018, permits children from 14 to 18 years to engage in hazardous work provided they receive sufficient training, technical guidance, instructions and safety tools. It notes the Government’s indication that it is working on updating the list of hazardous work. Recalling that pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age, the Committee urges the Government to take the necessary measures to bring the Ministerial Decree of 2018 into conformity with the Convention, by ensuring that children under 16 years of age may not, under any circumstances, be authorized to perform hazardous work. It requests the Government to provide information on the progress achieved to this end.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s indication that section 9.10.11 of the Law on Technical and Vocational Education and Training of 2013 does not set a minimum age for engagement in apprenticeships. In this regard, the Committee emphasizes the importance of setting a minimum age for admission to apprenticeship of at least 14 years to ensure that no child under that age undertakes an apprenticeship, as required by Article 6 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that the Law on Technical and Vocational Education and Training of 2013 is amended so as to set a minimum age of at least 14 years for entering an apprenticeship programme, in accordance with the Convention.