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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Lao People's Democratic Republic (Ratification: 2005)

Other comments on C182

Observation

Direct Request

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Article 6 of the Convention. Programmes of action. National Action Plan on Anti-Trafficking in Persons. In reply to the Committee’s previous requests, the Government states that the role of the National Anti-Trafficking Committee is to oversee the implementation of anti-trafficking activities. The Government adds that Anti-Trafficking Committees have been established at the central and provincial levels, with district-level secretariats in 147 districts across the country. The Committee further notes, from the Government’s report to the United Nations Human Rights Committee (HRC) Working Group on the Universal Periodic Review, that through the implementation of the National Action Plan on Anti-Trafficking in Persons (2017–20), it: (1) established bilateral cooperative platforms with 4 neighbouring countries and multilateral cooperation at subregional and regional levels, as well as cooperation with international organizations; and (2) provided 13 training sessions across the country, with 622 participants, on victim identification, the provision of first assistance to victims on their rights, human trafficking specific investigation-interrogation techniques, and ethics of officers concerning human trafficking proceedings (A/HRC/WG.6/35/LAO/1, 11 November 2019, paragraphs 33 and 35). The Committee requests the Government to provide information on the results achieved by the National Action Plan on Anti-Trafficking in Persons 2017–20 to specifically prevent and combat trafficking of children under 18 years of age, and to indicate if it intends to update the national action plan. It also requests the Government to provide information on the concrete activities of the National Anti-Trafficking Committee with regard to the prevention and elimination of trafficking in children.

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 takes note of the Government’s information on the measures taken under the 2016–20 Development Plan, including efforts to finance and utilize resources in the education sector more effectively, and the expansion of the implementation of the National Education System Reform Strategy to better respond to the demands of socio-economic development, particularly in remote areas through improved infrastructure, updated curricula and improved quality of teaching and learning. The Committee also notes the Government’s indication that a new Education and Sports Sector Development Plan 2021–25 was adopted in 2020.

The Committee notes from the report of the Government to the HRC that, to reduce drop-out rates, it has implemented a policy to reduce the child education costs for parents with: (1) allocation of subsidies in schools from kindergarten to upper-secondary schools across the country; (2) provision of free textbooks for children from kindergarten to lower-secondary schools; (3) scholarships for students from poor families for a total of 1,495 recipients including 807 girls; and (4) construction of 75 new high schools. The Government also adopted special measures such as waiver of school fees, allowances, building dormitories and supplementary education for target groups aged 6–14 years who lack opportunities and those living in remote areas or areas without schools. At the same time, the Government allocated US$ 1.2 billion from the State Budget for the Free-Lunch Programme. The Government indicates that, as a result of its efforts, the number of districts with a gross rate of new enrolments of 95 per cent or higher has increased from 114 districts in 2017 to 124 in 2018. In its report to the HRC, the Government indicates that it attempts to annually allocate 17 per cent of its GDP to the Education Sector as stipulated in the Law on Education, and has also increased budgets into construction and renovation of schools annually across the country. However, the Government acknowledges that it still faces many challenges in its efforts to improve pedagogical and learning efficiency, especially due to the insufficient number of teachers. In this regard, the Government has been trying to find ways to address teacher shortage in some rural areas, by promoting local volunteer teachers and reassigning teachers from teacher abundant areas to the areas in need (A/HRC/WG.6/35/LAO/1, paragraphs 47, 58 and 61).

The Committee further notes, from the Government’s report to the United Nations Committee on Economic, Social and Cultural Rights (CESCR): (1) the increase in the number of schools (including kindergarten, preschools, and primary schools), from 2,807 in 2015–16 to 3,496 in 2019–20, with a respective increase in the number of students, from 186,624 students (92,947 girls) to 245,849 students (121,842 girls); (2) for 2019–20, the drop-out rate for primary school was 4.2 per cent (3.7 per cent for girls and 4.7 per cent for boys); and (3) in 2019–20, the general enrolment rate in lower secondary school increased to 83.3 per cent (81.9 per cent for girls and 84.6 per cent for boys), and the school drop-out rate was 10.3 per cent (9.7 per cent for girls; 10.8 per cent for boys) (E/C.12/LAO/1, 20 December 2022, paragraphs 163–165). The Committee welcomes this information and requests the Government to continue its efforts to ensure access to free basic education for all children and to provide information on the measures taken to implement the Education and Sports Sector Development Plan 2021–25. It requests the Government to provide updated statistical data on the school enrolment, attendance and completion rates at the primary and lower secondary levels.

Clause (d). Identifying and reaching out to children at special risk.Children in street situations. The Committee once again notes the absence of information from the Government on this matter. It notes, from the Government’s report to the CESCR, that the Government applies a special policy towards poor and disadvantaged pupils in general education, particularly pupils from poor families, orphans, abandoned children, children with no shelters, pupils living in remote areas, children with disabilities, ethnic girls, and talented children with excellent learning results in the villages, by providing monthly allowances to pupils until their graduation from primary schools and lower secondary schools (E/C.12/LAO/1, paragraph 145). Recalling that children living and working on the streets are particularly at risk of being engaged in the worst forms of child labour, the Committee once again requests the Government to take effective and time-bound measures to identify and adequately protect these children against exploitation and to provide information in this respect.

Migrant children. The Committee recalls that despite the Guideline on Implementation of Decree on Export of Lao Workers Working Abroad No. 2417/Ministry of Labour and Social Welfare of 2002 (MLSW Guideline) explicitly providing that only applicants over 18 years of age may work abroad, there was evidence indicating that some Lao workers in Thailand had arrived when they were minors. The Committee notes, from the UNICEF Child Protection Compendium of Factsheets (2022) that victims of trafficking from Lao PDR, especially young women and girls, are often found in conditions of sexual servitude in Thailand’s commercial sex trade and forced labour in domestic service, garment factories, and agricultural industries. Lao boys and men who are victims of trafficking often end up in forced labour in Thailand’s fishing and construction industries. Recalling that migrant children are at an increased risk of being engaged in the worst forms of child labour and noting that the Government’s report does not provide information on this matter, the Committee once again encourages the Government to take effective and time-bound measures to prevent these children from becoming victims of the worst forms of child labour, and to provide information on the measures taken in this regard. It also reiterates its request to the Government to provide information on the measures taken to ensure that Lao migrant workers applying for employment abroad are over 18 years of age, according to the MLSW Guideline.