Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

A Government representative recalled that the Government had ratified Convention No. 138 in 1997 and that the Committee had requested to raise the minimum age for employment, as stated in the Malaysian Children and Young Person (Employment) Act of 1966 (CYP), from 14 to 15 years.

The Government was fully committed to reviewing and amending the CYP to conform to the Convention. In line with this aspiration, the Government would set up a tripartite technical committee composed of employers’ organizations, such as the Malaysian Employers’ Federation (MEF), the Federation of Malaysian Manufacturers (FMM), workers’ organizations, such as the Malaysian Trade Union Congress, and government agencies, such as the Ministry of Women, Family and Community Development, Ministry of Home Affairs and other relevant agencies. The tripartite committee was scheduled to meet in December 2009 to review the CYP. According to the current report by the Department of Labour under the Ministry of Human Resources, there had been hardly any issues relating to the CYP. Nevertheless, the Government was aware that there were pertinent issues in relation to the CYP. In its revision of the CYP, the Government would give consideration to raising the minimum age for employment from 14 to 15 years to be in conformity with the Convention. However, part of the revision of the CYP would also be an analysis of whether the competent authority could authorize persons between 13 and 15 years of age to perform light work. This would include a definition of light work and a limitation on working time.

Based on Article 3, paragraph 1, of the Convention, the Committee had further suggested that the Government took the necessary measures to ensure that no person under 18 years was authorized to perform hazardous work. The Government was also requested to include a definition of “hazardous work” as required by Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with employers’ and workers’ organizations concerned. The Government, supported by the tripartite technical committee, was currently working to give effect to the Committee’s requests. The inputs and relevant information on the consultations with the employers’ and workers’ organizations would be provided after the December meeting. He further explained that under section 28 of the Factories and Machinery Act 1967, no young person, i.e. a person who had not completed his or her 16th year of age, was allowed to carry out hazardous work. This included work involving the management of, or attendance on, or proximity to, any machinery. Legislation was already in place stipulating that persons in charge of dangerous machinery such as steam boilers, cranes, scaffolding, hoisting machines and lifts had to be at least 21 years of age. He was aware that young people between 16 and 18 years of age were only allowed to perform hazardous work if authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

In respect of training, section 26 of the Factories and Machinery Act 1967 required that any person employed at any machine or in any process had to be instructed as to the dangers likely to arise in connection therewith and the precautions to be observed. He or she also had to receive sufficient instruction about the work or be under adequate supervision by a person with knowledge and experience of the machine or process. The tripartite technical committee would review and take action on the recommendation that young persons between the age of 16 and 18 years be authorized in accordance with the requirement explicitly stipulated in Article 3, paragraph 3, of the Convention.

The speaker reiterated that the country’s labour legislation was constantly reviewed and amended to keep abreast of current national and international developments. Currently, the Employment Act 1955, the Workmen’s Compensation Act 1952, the Private Employment Agencies Act 1981, and the Industrial Relations Act 1967 were being reviewed and would be brought before Parliament in 2009. It had been the Government’s intention to consider the revision of the CYP in the current session but it had been postponed as the question of child labour and abuses thereof were not seen as critical or alarming. Malaysia had one of the most effective labour inspectorates in the region. The Malaysia peninsula alone had 300 labour inspectors and every labour inspector carried out between 25 and 30 inspections per month. The inspectorate was charged with ensuring that child labour abuses were minimized. In 2008, the Department of Labour under the Ministry of Human Resources received a total number of 30,084 complaints on various labour issues. It inspected 52,925 premises including estates, prosecuted 190 employers, issued 139 compounds and handled a total of 11,943 labour cases. All the complaints and cases were scrutinized and it had been found that cases relating to child labour did not occur.

The Government was committed to providing information on any progress made in the revision of the CYP by the tripartite technical committee in its next report and was currently considering seeking technical assistance from the ILO.

The Worker members noted that the discussion of the current case coincided with the World Day against Child Labour, ten years after the Conference had adopted the Worst Forms of Child Labour Convention, 1999 (No. 182). The discussion on the application of Convention No. 138 by Malaysia, another essential pillar in combating child labour, was therefore highly relevant. The comments made by the Committee of Experts were precise and concerned the non-conformity of national legislation with Articles 2, 3 and 7 of the Convention: the legislation stipulated a minimum age of 14 years and not 15 years, as prescribed in Article 2 of the Convention; there were no provisions prohibiting persons younger than 18 years from types of work that could jeopardize their health, safety or morals, which was inconsistent with the provisions of Article 3; and there was no precise definition of light work limiting the work of children between 13 and 15 years in conformity with Article 7. The Committee of Experts had concerns about the practical application of the Convention and had requested the Government to provide as much information as possible, particularly statistical data.

The Worker members said that the examination of the case should retain the spirit of the comments made by the Committee of Experts on the non-application of Convention No. 182 on the worst forms of child labour. It was the first time that the Committee of Experts had made that type of observation for Malaysia, but the issues were already well known. The Committee of Experts made reference to the analyses and recommendations of 2007 of the United Nations Committee on the Rights of the Child, which had requested that the legislative provision be amended in order to ensure conformity with the provisions of Convention No. 138 and that labour inspection be strengthened. Two specific elements of that report merited particular attention; the first concerned child asylum seekers and refugees who should have access to free, public, primary and secondary education and the second concerned the employment of children as domestic workers. In that regard, the United Nations Committee on the Rights of the Child was gravely concerned by the high numbers of migrant workers employed in domestic services, including children who worked in hazardous conditions, disrupting their education and harming their health as well as their physical, psychological, spiritual, moral and social development.

The Worker members took note of the information contained in a recent report by the United States on the human rights situation in Malaysia, which stated that many rights were respected but many specific issues remained, particularly with regard to children working in the oil palm plantations, in the agricultural sector, but also those working in towns and cities. The observations were similar to those made recently by the National Commission for the Protection of Children of Indonesia, which, according to the Jakarta Post, mentioned cases of the forced labour of migrant workers and their children on plantations in Sabah, involving an estimated 72,000 children. The majority of cases concerned illegal immigrants whose children needed to work as they had no access to education as a result of their illegal status. The situation required deeper investigation.

They indicated that they had in no way disregarded the progress that had been achieved in Malaysia, in particular the swift ratification of Convention No. 182; the creation in 2005 of a special division on childhood within the Department for Social Protection; the adoption in 2001 of a law on childhood, which had been drafted according to the principles on the United Nations Convention on the Rights of the Child as well as a number of initiatives on the protection of children and the promotion of their rights. The Government of Malaysia had made commitments to improve its legislation and bring it into conformity with the ILO prescriptions on minimum age. However, the Government was invited to fulfil those commitments according to a clearly defined schedule established in consultation with social partners within the framework of the tripartite committee.

The Worker members recalled that the Convention provided for consultation with social partners, particularly regarding the definition of hazardous work (Article 3) and light work (Article 7), and they stressed the need to improve data collection and to strengthen labour inspection in order to ensure the effective application of all provisions on minimum age. Particular attention should be given to three categories of children: extremely vulnerable children, that is, children of migrants, particularly children of asylum seekers, refugees and illegal immigrants; children employed as domestic workers; and children employed in the worst forms of child labour, as defined by Convention No. 182. The Government was invited to take all measures referred to in the comments made by the Committee of Experts on the application of the Convention.

The Employer members recalled that Article 1, paragraph 1, of Convention No. 138 required each member State to pursue a national policy for the effective abolition of child labour. They expressed the hope that the Government would provide a reply to all the points raised in the observation of the Committee of Experts, as well as a response to the conclusions of the UN Committee on the Rights of the Child. They thanked the Government for all new information supplied which, however, were too detailed to be assessed by the Committee. These information had to be examined by the Committee of Experts at its next session.

They concurred with the Worker members’ statement and recalled that the Government had ratified this fundamental Convention in 1997, which testified, together with the ratification of Convention No. 182, to the Government’s commitment to eradicating child labour. The Committee of Experts had added a double footnote and therefore the case, which was being dealt with for the first time, had to be thoroughly examined in a constructive manner. Although the Government stated that there was no child labour in Malaysia, publications that had been made available on the occasion of the international day against child labour, contained information to the contrary. Therefore, the application of Conventions Nos 138 and 182 had to be subject to a technical scrutiny.

The Employer members underlined that childhood and youth were sacred, and thus emphasis had to be placed on educating children about their rights. Today’s children were the future tripartite members of the ILO and they had to be educated to become leaders and be competitive in the globalized world. Convention No. 138 set clear goals defining the age under which it was prohibited to work. They recognized the possibility of introducing flexibility measures to take account of national conditions and realities; however, they had to be in conformity with the Convention. Since the ratification of the Convention by Malaysia, the Committee of Experts had made four direct requests and one observation and this was the first discussion of the case in the Committee, but it had to be noted that there was no discussion relating to the application of Convention No. 182.

In recalling Article 2, paragraph 1, of the Convention, the Employer members noted that at the time of ratifying the Convention, the Government had declared 15 years to be the minimum age for admission to employment. However, the provisions of the Children and Young Persons (Employment) Act of 1966 (CYP) were not in conformity with this declaration as its sections 2(1) and 1(A) provided that a child, who was defined as a person under 14 years of age, should not be engaged in any employment.

Following the Government’s information that a tripartite committee would review the labour legislation, the Committee of Experts had asked the Government to provide information on developments concerning this review, especially with regard to the measures taken to bring the minimum age for admission to employment (14 years) into conformity with the one declared (15 years). Although the Committee of Experts had noted the Government’s information that the CYP did not outlaw child labour, but rather governed and protected children who worked, they recalled that in accordance with Article 2, paragraph 1, no one under the specified age of 15 should be admitted to employment or work in any occupation. The review of the CYP had been requested for a number of years, but one was still awaiting concrete results and the Government explained it was experiencing difficulties. They asked the Government to inform the Committee of a target date when it expected law and practice to be in conformity with the Convention. In addition, in accordance with Article 3, paragraphs 1 and 2, the Committee of Experts had requested the Government, in consultation with the social partners to determine types of hazardous work to be prohibited for persons below 18 years of age, by way of national legislation. Again, the Employer members requested that the Government established a target date for adhering to this request.

Noting that certain provisions of the CYP allowed young persons of 16 years and above to perform certain types of hazardous work under specified conditions, the Employer members fully agreed with the Committee of Experts’ request that the Government took the necessary measures to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age would be only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention. They welcomed the new information provided by the Government regarding an action plan of March 2009. Since this action plan was subject to review in December 2009, they requested the Government to provide full information thereon to the next session of the Committee of Experts, so the results could be assessed by the Committee the following year.

Article 7 of the Convention, provided for the possibility of admitting young persons of 13 years of age to light work, however the CYP allowed persons under 14 years of age to be employed in light work which was adequate to their capacity, in any undertaking which was carried on by their family. The Government itself had informed that the CYP hence permitted children to work in any establishment owned by their parents or guardians, including hotels, bars and other places of entertainment. As a result, the Committee of Experts had urged that the minimum age of 13 years for light work be established by legislation and that, in the absence of a definition of light work in the legislation, the competent authority determined what light work was and prescribed the number of hours during which, and the conditions under which, such employment or work might be undertaken.

With respect to Parts III and V of the report form concerning the application of the Convention in practice, statistical information was lacking regarding the scope, type and extent of child labour, including knowledge of the economic domains that employed children, e.g. household, mines, underground, etc. The speaker supported the proposal that the Government sought technical assistance from the ILO to strengthen data collection. In conclusion, although the Committee of Experts had asked the Government to provide full particulars to the Conference, the Employer members’ view was that the Government had not complied with this request.

The Government member of Brunei Darussalam fully supported the Government representative’s statement and believed that the Government’s strong determination and commitment to reviewing the Children and Young Persons (Employment) Act were in line with Convention No. 138.

The Worker member of Malaysia argued that children needed education to aspire to the best possible future, but not all children had access to education. In Malaysia, child labour existed and children worked in hazardous conditions that were harmful to their health, physical, mental, spiritual, moral and social development. Their situation prevented them from access to education.

The Malaysian Trade Union Congress (MTUC) had previously taken up the issue of child labour with the Government and all parties were willing to eradicate the gaps that still marked the national legislation. The legislative gaps between the national legislation and the requirements of Convention No. 138 were not so wide that they could not be bridged. He expressed the readiness of his union to discuss and address these deficits in a tripartite setting. For example, a definition of hazardous and light work had to be formulated. Once the legislative gap had been closed, ensuring the implementation of the laws was essential.

He expressed his concern over the absence of reliable data on the number of child labourers in Malaysia, as accurate data were needed to fully address the issue of child labour. Notwithstanding the lack of information on the sectors in which children worked, there was evidence that children were exposed to the worst forms of child labour, which was unacceptable. The UN Committee on the Rights of the Child had acknowledged this problem and recommended the establishment of a national central database on children. The speaker supported this recommendation and encouraged the Government to collect and analyse accurate information to fill the knowledge gap, including through inspection services. To tackle and prevent child labour, the labour inspectorate needed to be strengthened with all the necessary support in order to enable it to effectively monitor the implementation of labour laws at all levels and to receive, investigate and address complaints of alleged violations.

Special attention had to be paid to vulnerable groups, in particular documented and undocumented migrant workers, refugees and asylum seekers whose children did not have access to school and were denied health care. The speaker encouraged the Government to sign the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which provided that recipient countries should pursue a policy aimed at integrating children of migrant workers in the local school system and that the fundamental human rights of undocumented migrants had to be respected.

In seeking a better life than that of their country of origin, workers came from abroad and contributed to the economy and society of Malaysia. More effort had to be made to integrate their families so that their children could attend school, because without access to education, they often worked. One example in this respect was the Help Centre that was set up by his union in cooperation with trade unions in Indonesia, which assisted workers coming from Indonesia to Malaysia in solving migration related problems. Every child in Malaysia had to have access to free and compulsory primary education, as well as to secondary education, and the nature of work could not interfere with their schooling. His union was more than willing to discuss and seek ways to address child labour in a tripartite setting. Efforts had to continue with all parties, because children belonged in school and not at the workplace.

The Government member of Singapore welcomed Malaysia’s commitment to reviewing and amending the CYP to bring it into conformity with the Convention. She welcomed, in particular, the positive steps taken by the Government in setting up the tripartite technical committee, which would be meeting in December 2009 to review the CYP. She also noted that Malaysia had no recorded cases or complaints relating to child labour as part of the Government’s scrutiny of labour cases in 2008. As an indication of acknowledgment of the general efforts taken towards improving the situation of children in Malaysia, the UN Committee on the Rights of the Child had commended Malaysia on its notable improvement in economic and social development, including continuous investments in health services, the protection infrastructure and the educational system. In light of the efforts made, she supported giving the Government more time to adopt the necessary measures to ensure compliance with the Convention. She looked forward to seeing progress by the tripartite technical committee after it had commenced its work in December 2009.

The Worker member of Indonesia stated that the Indonesian National Commission for Child Protection (INCCP) reported, after a 2008 fact-finding mission to the plantations in Sabah, Malaysia, that tens of thousands of migrants were working there under “slavery-like” conditions. A large number of migrants’ children also worked in the plantations, without regulated employment hours – which meant they worked all day long. Other sectors where migrant workers’ children were often found were family food businesses, night markets, small-scale industries, fishing, agriculture and catering. Furthermore, in Sabah, an unknown number of children begged in the streets; estimates ranged from a few hundred to as many as 15,000 children. The INCCP Secretary-general had stated that the children of migrant workers born under these conditions were not provided with birth certificates or any other type of identity document, effectively denying their right to education.

He urged the Government to investigate this situation in detail and identify the sectors where child labour was prevalent, as well as to ensure that migrant workers’ children possessed legal status and were provided with education. He added that since migrant workers came to Malaysia from neighbouring countries, this problem could only be solved in a regional context. In 2006, the Confederation of Indonesian Trade Unions established a partnership with the Malaysian Trade Union Congress (MTUC); both parties signed a Memorandum of Understanding to inform migrants from Indonesia going to Malaysia on the risks of migration – including the risk of their children becoming labourers. Noting that unions alone could not solve this problem, he urged the Government to ensure, in cooperation with the Government of Indonesia, an end to child labour among migrant workers’ children.

The Government representative of Malaysia thanked all members of the Committee for the views expressed, took note of the comments made and expressed the belief that his Government was able to carry out the responsibilities under Convention No. 138. The CYP (Employment) Act of 1966 did not outlaw child labour, but its main objective was to govern and protect children who worked. The speaker wished to reiterate that his Government was fully committed to reviewing and amending the CYP Act in order to bring it into line with the principles of Convention No. 138. The Government emphasized its strong willingness to uphold the spirit of collaboration among employers, employees and related government agencies in order to thoroughly discuss the review of the current legislation.

The Worker members endorsed the Employer members’ appeal and were pleased to be able to discuss the case before the Committee on the World Day against Child Labour, especially as it was just ten years since the adoption of Convention No. 182. The case under discussion pointed both to a political will to make progress and to a number of major challenges to be faced. They requested that a clear timetable be established with the social partners for bringing legislative provisions into line with Articles 3 and 7 of Convention No. 138. They emphasized the need to reinforce labour inspection to improve statistical data collection and to devote particular attention to three categories of extremely vulnerable children: migrant children, especially the children of asylum seekers, refugees and undocumented migrants; children employed as domestic workers; and children engaged in the worst forms of child labour as defined in Convention No. 182. They accordingly invited the Government to communicate information on its follow-up to the recommendations of the Committee of Experts regarding that Convention, even though it was not the subject of the present debate. The Worker members concluded by expressing the hope that Malaysia would become an outstanding example of follow-up action in the region, in close collaboration with the social partners.

The Employer members made reference to the UN Committee on the Rights of the Child, and aligned themselves with the conclusions of that Committee, dated 25 June 2007, which condemned, inter alia, the lack of data, particularly on non-Malaysian children living in Malaysia; violence towards children; the exploitation of child victims of trafficking; the sexual exploitation of children; and subjecting children to forced labour. Referring to the recommendations of the Committee of Experts, they urged the Government to strengthen its mechanisms for data collection by establishing a national central database on children and developing indicators consistent with the Convention in order to ensure that data were collected on all areas covered by the Convention and were disaggregated by age (for all persons under 18), sex, urban and rural area and by group of children in need of special protection.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted the information contained in the report of the Committee of Experts relating to discrepancies between national legislation and Convention No. 138 in respect of the minimum age for admission to employment or work; minimum age for admission to, and determination of hazardous work, regulation of light work, weak enforcement of the Convention; and the absence of statistical data on working children.

In this regard, the Committee noted the information provided by the Government that it was fully committed to reviewing and amending the Children and Young Persons (Employment) Act of 1966 to bring it into conformity with Convention No. 138. In line with this aspiration, the Government would set up a tripartite committee composed of representatives of employers’ and workers’ organizations, and of relevant government agencies to meet in the month of December 2009 to review the Children and Young Persons (Employment) Act. During the review, the Government would give consideration to raising the minimum age for employment or work from 14 to 15 years in line with the Convention. The Committee also noted the Government’s indication that it would make the necessary recommendations to the tripartite committee so as to ensure that no one under the age of 18 years was authorized to perform hazardous work and that these hazardous types of work would be determined in national legislation. Moreover, the Government stated that it would give serious consideration to establishing a minimum age for light work and determining these types of activities so that only children from 13 years of age would be authorized to undertake light work activities. In the meantime, in order to strengthen and ensure an effective labour inspectorate, the Ministry of Human Resources had recruited a number of labour inspectors. Finally, the Committee noted the Government’s indication that while it had reviewed a series of labour laws to be tabled in Parliament in 2009, the Government had postponed the review of the Children and Young Persons (Employment) Act because it felt that child labour and abuses related to it were not critical or alarming in Malaysia. However, the Government would make every effort to provide information made in the review of the Act by the tripartite committee and would consider seeking ILO technical assistance.

While noting the Government’s indication that it intended to amend legislation soon dealing with children and child labour to conform to the provisions of Convention No. 138, the Committee observed that the Government had been referring to the legislative review of the Children and Young Persons (Employment) Act of 1966 for a number of years. The Committee, therefore, firmly hoped that the necessary provisions would soon be adopted to address all the issues raised by the Committee of Experts, including the raising of the minimum age to employment or work to 15 years, the minimum age of 18 years for hazardous work, as well as the determination of these types of hazardous activities, the regulation of light work activities and the provision of statistical data on the situation of working children in Malaysia. Concerning the issue of insufficient data on working children, the Committee suggested that the Government considered the establishment of a national central database on children.

The Committee noted the Government’s indication that it had increased both human and financial resources to the labour inspectorate, which was one of the most effective in the region. It accordingly requested the Government to further strengthen the capacity and reach of the labour inspectorate and to ensure that regular visits, including unannounced visits, were carried out so that penalties were imposed on persons found to be in breach of the Convention. In this regard, the Committee called on the Government to pay specific attention to three categories of extremely vulnerable children: the children of migrant workers, in particular the children of asylum seekers and undocumented migrant workers; secondly, children employed as domestic workers; and thirdly, children who were involved in the worst forms of child labour as defined by Convention No. 182.

Noting that a tripartite technical committee would be set up in December 2009 and further noting the Government’s request for ILO technical assistance, the Committee asked the Government to avail itself of such assistance with a view to giving effect to the Convention in law and in practice as a matter of urgency. The Committee firmly hoped that the Government would provide detailed information, in its report when it was next due, for examination by the Committee of Experts on progress made in complying with this fundamental Convention. The Committee also invited the Government to provide comprehensive information in its report on the manner in which the Convention was applied in practice, including in particular enhanced statistical data on the number of children working, their age, gender, sectors of activity and information on the number and nature of contraventions reported and penalties applied.

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Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted that the provisions of the Children and Young Persons (Employment) Act of 1966 (CYP Act), with regard to the minimum age for employment or work, were not in conformity with the age specified by the Government when ratifying the Convention. Indeed, although the Government, at the time of ratifying the Convention, declared 15 years as the minimum age for admission to employment, section 2(1) of the CYP Act provides that no “child” – who is a person under 14 years of age, according to section 1(A) – shall be engaged in any employment. The Committee had also noted the Government’s information that the CYP Act does not outlaw child labour, but rather governs and protects children who work. It had further noted the Government’s information that a tripartite committee would review the labour legislation, taking into consideration the possibility of increasing the minimum age for admission to employment. The Committee had recalled that, by virtue of Article 2(1) of the Convention, no one under the age specified by the Government, when ratifying the Convention, shall be admitted to employment or work in any occupation.

The Committee notes that, according to a Government representative of Malaysia at the Conference Committee on the Application of Standards at the 98th Session of the International Labour Conference in June 2009, the Government would set up a tripartite technical committee composed of employers’ organizations, workers’ organizations, government agencies and other relevant agencies. The tripartite technical committee is scheduled to meet in December 2009 to, among other things, review the CYP Act and give consideration to raising the minimum age for admission to employment or work from 14 to 15 years. Indeed, the Government indicates in its report that it is making a serious effort to raise the minimum age for employment or work in order to comply with the Convention. However, the Committee expresses its concern that, as the Conference Committee on the Application of Standards noted, while the Government had reviewed a series of labour laws to be tabled in Parliament in 2009, the Government had postponed the review of the CYP Act because it felt that child labour and abuses related to it were not critical or alarming in Malaysia. Noting once again that the Government has referred to the legislative review of the CYP Act for a number of years, the Committee strongly urges the Government to take the necessary measures to ensure that the tripartite technical committee seriously considers raising the minimum age for admission to employment or work to 15 years, as specified by the Government at the time of ratification, and that the relevant amendments are adopted as soon as possible. It requests the Government to provide information on the progress made in this regard with its next report.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. In its previous comments, the Committee had noted that the relevant legislation does not contain any provisions prohibiting young people under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. It had noted the Government’s referral to two prohibitions provided for in the CYP Act for children and young people: (i) managing or being in close proximity to machinery; and (ii) working underground. The Committee had observed that section 2(5) of the CYP Act provides that no child or young person shall be, or required or permitted to be, engaged in any employment contrary to the provisions of the Factories and Machinery Act, 1967, or the Electricity Act, 1949, or in any employment requiring them to work underground. It had noted, however, that section 1A(1) of the CYP Act defines a “child” as being any person who has not completed their fourteenth year of age, and a “young person” as being any person who has not completed their sixteenth year of age. The Committee had reminded the Government that, by virtue of Article 3(1) of the Convention, the minimum age for hazardous work shall not be less than 18 years. The Committee had also reminded the Government that, by virtue of Article 3(2) of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority after consultations with the organizations of employers and workers concerned.

Referring to conclusions made by the Conference Committee on the Application of Standards, the Committee notes that the Government indicated that it would make the necessary recommendations to the tripartite technical committee so as to ensure that no one under the age of 18 years is authorized to perform hazardous work and that those hazardous types of work are determined in national legislation. The Committee also notes the Government’s information in its report that a proposal to include new provisions in the CYP Act to specify and determine the types of hazardous work and to prohibit the employment or work of persons under 18 years of age in these types of work is currently being reviewed by the Department of Labour. The Committee strongly urges the Government to take the necessary measures to ensure that the tripartite technical committee seriously considers the prohibition of the employment or work of persons under 18 years of age, in accordance with Article 3(1). Moreover, it firmly hopes that the determination of types of hazardous work to be prohibited to people below 18 years of age will be reviewed and adopted by the Department of Labour after consultation with the organizations of employers and workers concerned, in accordance with Article 3(2) of the Convention. It urges the Government to take the necessary measures to ensure that the relevant legislation is adopted as soon as possible and requests it to provide information on the progress made in this regard in its next report.

Article 3, paragraph 3. Admission to hazardous work from 16 years. The Committee had previously noted that certain provisions of the CYP Act allow young people of 16 years and above to perform types of hazardous work under certain conditions. The Committee reminded the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young people between 16 and 18 years of age, on condition that the health, safety and morals of the young people concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes that the Government representative at the Conference Committee on the Application of Standards indicated that the Government is aware that young people between 16 and 18 years of age are only allowed to perform hazardous work if authorized in accordance with the requirements of Article 3(3) of the Convention. The Government representative explained that the tripartite technical committee would review and take action on that recommendation. The Committee also notes the Government’s information that the Department of Occupational Safety and Health is reviewing the Factories and Machinery Act, 1967, to raise the minimum age to perform hazardous work in occupations falling within the scope of that Act from 16 to 18 years of age. The Committee urges the Government to take the necessary measures to ensure that the activities of the tripartite technical committee lead to the adoption of national legislation authorizing the performance of types of hazardous work done by young people between 16 and 18 years of age only in accordance with the requirements of Article 3(3) of the Convention. It requests the Government to provide information on the progress made in this regard in its next report.

Article 7. Light work. The Committee had previously noted that section 2(2)(a) of the CYP Act allows people under 14 years of age to be employed in light work which is adequate to their capacity, in any undertaking carried on by their family. It had, however, noted that the legislation does not specify a minimum age for admission to light work. The Committee had reminded the Government that Article 7(1) of the Convention, provides for the possibility of admitting young people of 13 years of age to light work. The Committee had also recalled that, according to Article 7(3) the competent authority shall determine and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. With regard to the definition of light work, the Committee drew the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146) which states that, in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework), for rest during the day and for leisure activities. The Committee had shared the concern of the Committee on the Rights of the Child, in its concluding observations of 25 June 2007, that the provisions of the CYP Act concerning light work permit, among other things, employment involving light work without detailing the acceptable conditions of performing such work (CRC/C/MYS/CO/1, paragraph 90).

The Committee notes that the Government representative at the Conference Committee on the Application of Standards explained that, in the framework of the revision of the CYP Act, the tripartite technical committee would consider whether the competent authority could authorize persons between 13 and 15 years of age to perform light work. This would include a definition of light work and a limitation of working time. The Committee also notes the Government’s information, in its report, that it has agreed to define “light work activities” in the CYP Act so as to be in line with the Convention. The Committee urges the Government to take the necessary measures to ensure that the CYP Act is reviewed and amended in conformity with the requirements of the Convention on the following points: (i) that the minimum age of 13 years for light work be established by legislation; and (ii) that, in the absence of a definition of light work in the legislation, the competent authority should determine what is light work and should prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on the progress made in this regard in its next report.

Parts III and V of the report form. Application of the Convention in practice. The Committee had previously noted that the responsibility of the enforcement of the CYP Act rests solely with the Ministry of Human Resources. It had noted, however, that the Committee on the Rights of the Child expressed concern, in its concluding observations of 25 June 2007, that the enforcement of Convention No. 138 remains weak (CRC/C/MYS/CO/1, paragraph 90). It had also noted that the Committee on the Rights of the Child expressed its regret at the lack of a national data collection system and at the insufficient data on working children.

The Committee notes that the Government representative at the Conference Committee on the Application of Standards indicated that the Malaysia peninsula alone has 300 labour inspectors and every labour inspector carries out between 25 and 30 inspections per month. In 2008, the Department of Labour, under the Ministry of Human Resources, received a total of 30,084 complaints on various labour issues. The Government representative explained that all complaints and cases were scrutinized and that no cases relating to child labour occurred. However, the Committee notes that the Worker members at the Conference Committee on the Application of Standards indicated that, while many rights were respected in Malaysia, many issues remained, particularly with regard to children working in the oil palm plantations, in the agricultural sector, but also those working in towns and cities. The Worker members further noted that, according to the National Commission for the Protection of Children in Indonesia, cases of the forced labour of migrant workers and their children on plantations in Sabah involve an estimated 72,000 children. The Committee reminds the Government that, so that the Committee can assess whether a member State that has ratified the Convention has complied with its obligations, and particularly whether all the necessary measures have been taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention (Article 9(1)), it needs certain information, including statistical data, as requested in Part V of the report form. In light of the indication of the Government representative at the Conference Committee on the Application of Standards that Malaysia has one of the most effective labour inspectorates in the region, the Committee is of the view that Malaysia is in a position to ensure the effective enforcement of legislation giving effect to the Convention. The Committee once again strongly urges the Government to take the necessary measures to ensure that the provisions giving effect to the Convention are effectively enforced. The Committee also urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Malaysia is available, in accordance with the Convention. It requests the Government to provide information on the progress made in this regard and once again asks the Government to provide information on the application of the Convention in practice including, for example, statistics on the employment of children and young people and extracts from the reports of inspection services, as soon as this information becomes available.

The Committee also strongly urges the Government to redouble its efforts and take the necessary measures to ensure that, during its review of the CYP Act by the tripartite technical committee set up for this purpose, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention, and amendments are made in this regard. The Committee once again requests the Government to provide information on any progress made in the review of the CYP Act in its next report.

Finally, in response to the Government’s request for technical assistance from the Office, the Committee requests the Office to take the necessary measures to respond positively.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted that the provisions of the Children and Young Persons (Employment) Act of 1966 (CYP Act), with regard to the minimum age for employment or work, were not in conformity with the age specified by the Government when ratifying the Convention. Indeed, although the Government, at the time of ratifying the Convention, declared 15 years as the minimum age for admission to employment, section 2(1) of the CYP Act provides that no “child” – who is a person under 14, according to section 1(A) – shall be engaged in any employment. The Committee had also noted the Government’s information that a tripartite committee would review the labour legislation, taking into consideration the possibility of increasing the minimum age for admission to employment. The Committee had asked the Government to provide information on developments concerning this legislative review, especially with regard to the measures taken to bring the minimum age for admission to employment (14 years) into conformity with the one declared (15 years). The Committee notes the Government’s information that the CYP Act does not outlaw child labour, but rather governs and protects children who work. The Committee recalls that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified by the Government when ratifying the Convention shall be admitted to employment or work in any occupation. The Committee notes that, according to the Committee on the Rights of the Child in its concluding observations of 25 June 2007, Malaysia is still in the process of amending the CYP Act to provide better protection for working children (CRC/C/MYS/CO/1, paragraph 90). Noting that the Government has referred to the legislative review of the CYP Act for a number of years, the Committee requests the Government to take the necessary measures in the very near future to ensure that the minimum age for employment or work is raised to 15 years, as specified by the Government at the time of ratification.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. In its previous comments, the Committee had noted that the relevant legislation does not contain any provisions prohibiting young people under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee had noted the Government’s statement that efforts would be undertaken to ensure that Article 3 of the Convention is complied with. In this regard, the Committee notes that, in its report, the Government refers to two prohibitions provided for in the CYP Act for children and young people: (i) managing or being in close proximity to machinery; and (ii) working underground. The Committee observes that section 2(5) of the CYP Act provides that no child or young person shall be, or required or permitted to be, engaged in any employment contrary to the provisions of the Factories and Machinery Act 1967 or the Electricity Act 1949 or in any employment requiring them to work underground. The Committee notes that section 1A(1) of the CYP Act defines a “child” as being any person who has not completed their 14th year of age, and a “young person” as being any person who has not completed their 16th year of age. The Committee once again reminds the Government that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for hazardous work shall not be less than 18 years. The Committee also once again reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority after consultations with the organizations of employers and workers concerned. The Committee once again requests the Government to take the necessary measures to ensure that no one under 18 years of age is authorized to perform hazardous work, in accordance with Article 3, paragraph 1, of the Convention. Furthermore, the Committee requests the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work to be prohibited to people below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. Finally, the Committee also once again requests the Government to provide information on the consultations held with the organizations of employers and workers concerned with this subject.

Article 3, paragraph 3. Admission to hazardous work as from 16 years. The Committee had previously noted that certain provisions of the CYP Act allow young people of 16 years and above to perform types of hazardous work under certain conditions. The Committee reminded the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young people between 16 and 18 years of age, on condition that the health, safety and morals of the young people concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It also recalled that this provision of the Convention consists of a limited exception to the general rule of the prohibition placed upon young people under 18 years of age, and not a total authorization for the performance of types of hazardous work from the age of 16 years. Noting the absence of information in the Government’s report on this point, the Committee requests the Government to take the necessary measures to ensure that the performance of types of hazardous work done by young people between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

Article 7. Light work. The Committee had previously noted that section 2(2)(a) of the CYP Act allows people under 14 years of age to be employed in light work which is adequate to their capacity, in any undertaking carried on by their family. It had, however, noted that the legislation does not specify a minimum age for admission to light work. The Committee had reminded the Government that Article 7, paragraph 1, of the Convention, provides for the possibility of admitting young people of 13 years of age to light work. The Committee had also recalled that, according to Article 7, paragraph 3, the competent authority shall determine and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. With regard to the definition of light work, the Committee drew the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146). Paragraph 13(b) states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework), for rest during the day, and for leisure activities.

The Committee notes the Government’s information that the CYP Act permits children and young people to work in just about any establishment that adults can be found in, including hotels, bars and other places of entertainment, if their parents or guardian own or work in the same establishment. The Committee shares the concern of the Committee on the Rights of the Child, in its concluding observations of 25 June 2007, that the provisions of the CYP Act concerning light work permit, among other things, employment involving light work without detailing the acceptable conditions of performing such work (CRC/C/MYS/CO/1, paragraph 90). Accordingly, the Committee once again requests the Government to take the necessary measures to ensure that national law and practice are in conformity with the requirements of the Convention on the following points: (i) that the minimum age of 13 years for light work be established by legislation; and (ii) that, in the absence of a definition of light work in the legislation, the competent authority should determine what is light work and should prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

Parts III and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the responsibility of the enforcement of the CYP Act rests solely with the Ministry of Human Resources. The Ministry has a legal duty to ensure that employers comply with the minimum standards and hours of work, rest times and places of work. However, the Committee notes that the Committee on the Rights of the Child expressed concern, in its concluding observations of 25 June 2007, that the enforcement of Convention No. 138 remains weak (CRC/C/MYS/CO/1, paragraph 90).

Furthermore, the Committee once again notes the Government’s statement that statistical data is not available. In this regard, the Committee on the Rights of the Child expressed its regret at the lack of a national data collection system and at the insufficient data on working children. Accordingly, the Committee on the Rights of the Child recommended that Malaysia strengthen its mechanisms for data collection by establishing a national centre database on children (CRC/C/MYS/CO/1, paragraphs 25 and 26). The Committee requests the Government to take the necessary measures to ensure that the provisions giving effect to the Convention are effectively enforced. It also strongly urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Malaysia is available. It once again asks the Government to provide information on the application of the Convention in practice including, for example, statistics on the employment of children and young people and extracts from the reports of inspection services, as soon as this information becomes available.

The Committee also once again urges the Government to redouble its efforts to ensure that, during its review of the CYP Act by the tripartite committee set up for this purpose, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee once again requests the Government to provide information on any progress made in the review of the CYP Act in its next report and once again invites the Government to consider seeking technical assistance from the ILO.

[The Government is asked to supply full particulars to the Conference at its 98th Session and to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted that the provisions of the Children and Young Persons (Employment) Act, 1966, with regard to the minimum age for admission to employment or work, were not in conformity with the age specified by the Government when ratifying the Convention. Indeed, although the Government, at the time of ratifying the Convention, declared 15 years as the minimum age for admission to employment, section 2(1) of the Children and Young Persons (Employment) Act provides that no “child” – who is a person under 14, according to section 1(A) – shall be engaged in any employment. The Committee had also noted the Government’s information that a tripartite committee would review the labour legislation, taking into consideration the possibility of increasing the minimum age for admission to employment. The Committee had asked the Government to keep it informed of developments concerning this legislation review, especially with regard to the measures taken to bring the minimum age for admission to employment (14 years) in conformity with the one declared (15 years). The Committee noted the Government’s information that the review of the Children and Young Persons (Employment) Act is still ongoing and the Ministry of Human Resources will keep the ILO informed about the progress. It once again requests the Government to indicate any developments regarding the raising of the minimum age for employment or work to 15 years, as specified by the Government at the time of ratification.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. With reference to its previous comments, the Committee noted that the relevant legislation does not contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee noted the Government’s statement that efforts will be undertaken to ensure that Article 3 of the Convention is complied with. However, the Government will have to look into the implications that may arise if the minimum age for employment is increased to 18 years. The Committee recalled that at the time of ratifying the Convention, Malaysia specified 15 years as the minimum age for admission to employment or work. It reminded the Government that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for hazardous work shall not be less than 18 years. The Committee also reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority after consultations with the organizations of employers and workers concerned.

The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work, in accordance with Article 3, paragraph 1, of the Convention. The Committee also requests the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. Finally, it asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.

Article 3, paragraph 3. Admission to hazardous work as from 16 years. The Committee had previously noted that certain provisions of the Children and Young Persons (Employment) Act allow young persons of 16 years and above to perform types of hazardous work under certain conditions. The Committee reminded the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It also recalled that this provision of the Convention consists of a limited exception to the general rule of the prohibition placed upon young persons under 18 years of age, and not a total authorization for the performance of types of hazardous work from the age of 16 years. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

Article 7. Light work. The Committee had previously noted that section 2(2)(a) of the Children and Young Persons (Employment) Act of 1966, allows persons under 14 years of age to be employed in light work which is adequate to their capacity, in any undertaking carried on by their family. It had, however, noted that the legislation does not specify a minimum age for admission to light work. The Committee had reminded the Government that Article 7, paragraph 1, of the Convention, provides for the possibility of admitting young persons of 13 years of age to light work. The Committee had also recalled that, according to Article 7, paragraphs 2 and 3, the competent authority shall determine and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee noted the Government’s statement that this matter will be considered, but it may be difficult to define “light work” in the legislation. With regard to the definition of light work, the Committee drew the Government’s attention to Paragraph 13(b), of the Minimum Age Recommendation, 1973 (No. 46). Paragraph 13(b) states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework), for rest during the day, and for leisure activities. The Committee, accordingly, once again requests the Government to take the necessary measure to ensure that national law and practice are in conformity with the requirements of the Convention on the following points: (i) that the minimum age of 13 years for light work be established by legislation; and (ii) that, in the absence of a definition of light work in the legislation, the competent authority should determine what is light work and should prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

Part V of the report form. The Committee noted the Government’s statement that statistical data is not available. It asks the Government to provide information on the application of the Convention in practice including, for example, statistics on the employment of children and young persons and extracts from the reports of inspection services, as soon as this information becomes available.

The Committee noted that efforts are under way for the tripartite committee set up by the Government to review all labour legislation, and to start reviewing the Children and Young Persons (Employment) Act, 1966. It also observed that the Government took note of the discrepancies between the legislation and the Convention and hopes to address these issues as soon as possible after consultations with the employers’ and workers’ organizations. The Committee strongly encourages the Government to redouble its efforts to ensure that, during its review of the 1966 Act, the tripartite committee will take into consideration the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee once again requests the Government to inform it of any progress made in the review of the 1966 Act in its next report and once again invites it to consider seeking technical assistance from the ILO.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work. The Committee had previously noted that the provisions of the Children and Young Persons (Employment) Act, 1966, with regard to the minimum age for admission to employment or work, were not in conformity with the age specified by the Government when ratifying the Convention. Indeed, although the Government, at the time of ratifying the Convention, declared 15 years as the minimum age for admission to employment, section 2(1) of the Children and Young Persons (Employment) Act provides that no "child" - who is a person under 14, according to section 1(A) - shall be engaged in any employment. The Committee had also noted the Government’s information that a tripartite committee would review the labour legislation, taking into consideration the possibility of increasing the minimum age for admission to employment. The Committee had asked the Government to keep it informed of developments concerning this legislation review, especially with regard to the measures taken to bring the minimum age for admission to employment (14 years) in conformity with the one declared (15 years). The Committee notes the Government’s information that the review of the Children and Young Persons (Employment) Act is still ongoing and the Ministry of Human Resources will keep the ILO informed about the progress. It once again requests the Government to indicate any developments regarding the raising of the minimum age for employment or work to 15 years, as specified by the Government at the time of ratification.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. With reference to its previous comments, the Committee notes that the relevant legislation does not contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. The Committee notes the Government’s statement that efforts will be undertaken to ensure that Article 3 of the Convention is complied with. However, the Government will have to look into the implications that may arise if the minimum age for employment is increased to 18 years. The Committee recalls that at the time of ratifying the Convention, Malaysia specified 15 years as the minimum age for admission to employment or work. It reminds the Government that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for hazardous work shall not be less than 18 years. The Committee also reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of hazardous work to which paragraph 1 of this Article applies, shall be determined by national laws or by the competent authority after consultations with the organizations of employers and workers concerned.

The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age is authorized to perform types of hazardous work, in accordance with Article 3, paragraph 1, of the Convention. The Committee also requests the Government to take the necessary measures to include in national legislation provisions determining types of hazardous work to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention. Finally, it asks the Government to provide information on the consultations held with the organizations of employers and workers concerned on this subject.

Article 3, paragraph 3. Admission to hazardous work as from 16 years. The Committee had previously noted that certain provisions of the Children and Young Persons (Employment) Act allow young persons of 16 years and above to perform types of hazardous work under certain conditions. The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It also recalls that this provision of the Convention consists of a limited exception to the general rule of the prohibition placed upon young persons under 18 years of age, and not a total authorization for the performance of types of hazardous work from the age of 16 years. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with the requirements of Article 3, paragraph 3, of the Convention.

Article 7. Light work. The Committee had previously noted that section 2(2)(a) of the Children and Young Persons (Employment) Act of 1966, allows persons under 14 years of age to be employed in light work which is adequate to their capacity, in any undertaking carried on by their family. It had, however, noted that the legislation does not specify a minimum age for admission to light work. The Committee had reminded the Government that Article 7, paragraph 1, of the Convention, provides for the possibility of admitting young persons of 13 years of age to light work. The Committee had also recalled that, according to Article 7, paragraphs 2 and 3, the competent authority shall determine and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the Government’s statement that this matter will be considered, but it may be difficult to define "light work" in the legislation. With regard to the definition of light work, the Committee draws the Government’s attention to Paragraph 13(b), of the Minimum Age Recommendation, 1973 (No. 46). Paragraph 13(b) states that, in giving effect to Article 7, paragraph 3, of the Convention, special attention should be given to the strict limitation of hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework), for rest during the day, and for leisure activities. The Committee, accordingly, once again requests the Government to take the necessary measure to ensure that national law and practice are in conformity with the requirements of the Convention on the following points: (i) that the minimum age of 13 years for light work be established by legislation; and (ii) that, in the absence of a definition of light work in the legislation, the competent authority should determine what is light work and should prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

Part V of the report form. The Committee notes the Government’s statement that statistical data is not available. It asks the Government to provide information on the application of the Convention in practice including, for example, statistics on the employment of children and young persons and extracts from the reports of inspection services, as soon as this information becomes available.

The Committee notes that efforts are under way for the tripartite committee set up by the Government to review all labour legislation, and to start reviewing the Children and Young Persons (Employment) Act, 1966. It also observes that the Government takes note of the discrepancies between the legislation and the Convention and hopes to address these issues as soon as possible after consultations with the employers’ and workers’ organizations. The Committee strongly encourages the Government to redouble its efforts to ensure that, during its review of the 1966 Act, the tripartite committee will take into consideration the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee once again requests the Government to inform it of any progress made in the review of the 1966 Act in its next report and once again invites it to consider seeking technical assistance from the ILO.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports. It notes with interest the adoption of the Child Act, 2001 (Act No. 611), section 2 of which defines "child" as a person under the age of 18 years. The Committee would draw the Government’s attention to the following points.

1. Article 2, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government’s attention to the fact that the provisions of the Children and Young Persons (Employment) Act, 1966, respecting the minimum age for admission to employment or work, were not in conformity with the age specified by the Government when ratifying the Convention. Indeed, although the Government specified the minimum age for admission to employment as being 15 years when ratifying the Convention, section 2(1) of the Act provides that no child shall be, nor required or permitted to be, engaged in any employment, while the term "child", by virtue of section 1(A) of the Act, means any person who has not attained 14 years of age. Moreover, section 2(3)(e) of the same Act allows children between 14 and 16 years of age to be employed on any vessel under the personal charge of his parent or guardian. The Committee notes the Government’s indication that a tripartite committee has been set up by the Ministry of Human Resources to review all labour legislation. According to the Government this tripartite committee will look at the possibility of increasing the minimum age for admission to employment. The Committee invites the Government to keep it informed of developments concerning this review, especially with regard to measures taken to bring the minimum age for admission to employment into conformity with the one declared.

2. Article 3. In its previous comments the Committee noted that the employment of persons who have attained 16 years of age is not subject to any restriction, as the Act applies to children (under 14 years of age) and young persons (between 14 and 16 years of age). It also noted that section 2(3) and (4) of the Act allows persons between 14 and 16 years of age to perform certain types of hazardous work under certain conditions. The Committee notes the Government’s indication that the tripartite committee which has been set up to review the labour legislation will look into this aspect. The Committee once again reminds the Government that the minimum age for hazardous work should not be less than 18 years. Moreover, the Government is required to list the types of employment or work that, by their nature or the circumstances in which they are carried out, are likely to jeopardize the health, safety or morals of children. This determination has to be made after consultation with workers’ and employers’ organizations. The Committee requests the Government to keep it informed of the outcome of this review, which it hopes will bring the legislation into conformity with Article 3 of the Convention.

3. Article 7. In its previous comments, the Committee noted that section 2(2)(a) of the Children and Young Persons (Employment) Act, 1966, allows persons under 14 years of age to be employed in light work which is to their capacity, in any undertaking carried on by their family. The Committee accordingly noted that the legislation does not specify a minimum age for admission to light work. The Committee notes the Government’s indication that the activities involved in light work are usually conducted in family businesses in which children assist their parents in retail sales outlets. The Committee recalls that Article 7, paragraph 1, of the Convention provides for the possibility of admitting young persons of 13 years of age to light work. The Committee also recalls that, according to Article 7, paragraphs 2 and 3, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to take the necessary measures to ensure that national law and practice comply with the requirements of the Convention on the following points: (i) that the minimum age of 13 years for light work be established by legislation; and (ii) that, in the absence of a definition of light work in the legislation, the competent authority should determine what is light work and should prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

4. Part V of the report form. The Committee notes the Government’s information that no statistics on the employment of children and young persons are available. It requests the Government to supply information on the manner in which the Convention is applied, including, for example, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee notes that efforts are under way for the tripartite committee, set up by the Government to review all labour legislation, and to start reviewing the Children and Young Persons (Employment) Act, 1966. The Committee would strongly encourage the Government to ensure, that during its review of the 1966 Act, the tripartite committee will take into consideration the Committee’s detailed comments on discrepancies between national legislation and the Convention. The Committee requests the Government to inform it of any progress made in the review of the 1966 Act in its next report and invites it to consider seeking technical assistance from the ILO.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government, and requests the Government to supply further information on the following points.

Article 2, paragraph 1. Section 2(1) of the 1966 Act bars children from being employed under 14 years of age. Moreover, section 2(3)(e) of the same Act allows children between 14 and 16 years of age to be employed on any vessel under the personal charge of his parents or guardian. Given that the Government has declared the minimum age for admission to employment as being 15 years, the Committee asks the Government to supply an indication of the measures taken to bring the minimum age into conformity with the one declared.

Article 3, paragraph 1. The Committee notes that the employment of persons who have attained 16 years of age is not subject to any restriction, as the 1966 Act applies to children (under 14 years of age) and young persons (between 14 and 16 years of age). Section 2(3) and (4) allows persons between 14 and 16 years of age to perform hazardous types of work, under certain conditions. The Committee reminds the Government that the minimum age for hazardous occupations shall not be less than 18 years. Moreover, the Government is required to list the types of employment or work that, by the nature or the circumstances in which they are carried out, are likely to jeopardise the health, safety or morals of children. This determination has to be made after consultation with workers’ and employers’ organizations. The Committee asks the Government to supply information on the measures taken to comply with these provisions.

Article 7. The Committee notes that the legislation does not specify a minimum age for admission to light work, even if section (2)(2)(a) of the 1966 Act allows persons under 14 years of age to be employed in light work, suitable to their capacity, in any undertaking carried on by their family. The Committee asks the Government to supply information on the minimum age for admission to light work and to specify the activities to which it applies. It also requests the Government to provide information on the protection envisaged by the legislation for children performing light work, in respect of hours and conditions of work.

Part IV of the report form. The Committee requests the Government to state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. In particular the Committee notes the failure by the Government to report on tripartite consultations being held and requests the Government to provide information as such. It also requests information on the grounds for prohibiting trade union membership for all persons who have not attained 16 years of age, under section 26 of the Trade Union Act, 1959, and for barring persons who have not attained 21 years of age from holding trade union office.

Part V of the report form. The Committee requests the Government to supply information leading to a general appreciation of the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from reports of inspection services, and information on the number and nature of contraventions reported.