Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

1. The Committee notes the Government's report. It notes that positive developments have been reported and encourages the Government to continue its efforts to eliminate the problems of child labour and to provide detailed information in its reports on the Convention on further measures taken and practical achievements. The Committee notes with interest that a new Constitution has been adopted in 1997, which provides for the prohibition of forced labour and that the Labour Protection Act of 1998, which came into force in August 1998, prohibits the employment of children under 15 years of age. It would be grateful if the Government would provide information on the following matters, in order to show how the problem of the abolition of forced or compulsory labour has been addressed in conformity with Articles 1(1) and 2(1) of the Convention.

I. Child prostitution

2. Further to its previous observation, the Committee notes the information provided by the Government. The Committee further notes that, under the Prevention and Suppression of Prostitution Act of 1996, Committees on Protection and Occupational Development have been established at the central and provincial levels. A specific action plan has been prepared by the Committee at the central level. It notes that a Special Task Force on Commercial Sex Business Prevention and Suppression was set up in May 1998 and also that inspections have been conducted in entertainment premises. The Committee asks the Government to provide detailed information on the application of the Act. It also asks the Government to provide information on the practical actions taken by the Committees for Protection and Vocational Development, at the central as well as the provincial levels and on the action plan prepared by the central committee, and on the results of the inspections conducted in entertainment premises.

3. The Committee notes from the Government's report that regulations related to the Act have been issued and that a ministerial regulation for the setting up of temporary shelters and protection and occupational centres was under consideration by the Council of State. It asks the Government to provide detailed information on the regulations made under the Act and on their practical application.

II. Child labour

4. The Committee notes with interest that the Labour Protection Act of 1998, in section 44, has raised the minimum age of employment to 15 years, in the light of Convention No. 138. It also notes that violation of that provision is sanctioned by imprisonment or a fine or both. The Committee would ask the Government to indicate if these provisions also apply to the informal sector, particularly the agricultural sector, domestic work and self- employed workers, and to give information on the practical application of the Act.

III. Law enforcement

5. Inspection. The Committee notes the information provided by the Government on inspections, particularly as regards child labour. It notes from the Government's report that the Ministry of Labour and Social Welfare, through the Department of Labour Protection and Welfare, has focused on small-scale undertakings of fewer than 50 employees, such as garment industries, leatherwear, gem polishing and cutting, ornament making, car repair service stations and restaurants. It further notes that under the Police and Labour Inspection Cooperation Project, started in February 1997, child labour at night, in hidden places or in particular work has been under scrutiny; and that a Child Labour Visit Project has been started in October 1996, whereby parents can find out how their children who have migrated to other parts of the country are living and working. The Committee asks the Government to continue giving detailed information in its next report on the establishments and undertakings inspected, the number of offences found and the number of offenders punished. It also asks it to provide information on the results of inspections carried out in small-scale enterprises by the Department of Labour Protection and Welfare, particularly in garment industries, leatherwear, gem polishing and cutting, ornament making, car repair service stations and restaurants. The Government is also asked to provide information on the inspections carried out under the Police and Labour Inspection Project.

6. Prosecutions. Further to its request in the previous observation, the Committee notes the information provided by the Government on the prosecutions carried out in 1997. The Government is asked to continue to provide precise information on prosecutions and sanctions imposed, on the one hand, for illegal employment of children and, on the other hand, for prostitution and similar situations, under the Prevention and Suppression of Prostitution Act of 1996, under the Labour Protection Act of 1998 as well as any criminal law applicable.

IV. Article 25 of the Convention

7. The Committee notes that the Constitution prohibits forced labour in article 51. The Committee also notes from the Government's report that, in a number of cases of protection under the law, fines instead of other sanctions have been imposed on offenders, and that there is a possibility to impose fines in lieu of prosecution in order to settle cases practically and rapidly. The Committee recalls that the Convention requires that the illegal exaction of forced or compulsory labour should be punishable as a penal offence and that the penalties imposed by law should be really adequate and strictly enforced. The Committee would ask the Government to indicate in its next report what measures it has taken to fulfil the requirement of Article 25 of the Convention. The Committee would also ask the Government to continue to provide detailed information on the prosecutions carried out, their numbers, the number of offenders and the sanctions applied, particularly in cases of child labour, prostitution and other related activities and other cases of child exploitation.