Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted sections 252 and 253 of the Penal Code which punish as criminal offences: enticing or compelling juveniles into criminal activities; and disseminating pornographic material, respectively. It had also noted the Government’s information that measures were taken to ensure that children aged under 18 are not employed in pornographic productions or obscene performances through prohibiting the importation of pornographic films and pictures, and issuing a circular prohibiting the admission of persons under 15 years to employment in restaurants. The Committee considered that the above measures did not appear to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances. The Committee notes the Government’s information that the Ministry of Labour Invalids and Social Affairs (MOLISA) issued Circular No. 21/2004/TTLT-BLDTBXH-BYT providing a list of workplaces and jobs in which persons under 18 years shall not be employed especially service providing places where children may be vulnerable to prostitution. According to the Government, this circular ensures that children under 18 years are protected from the production of pornographic products, sexual exploitation and prostitution. The Committee observes, however, that the above Circular does not seem to apply to the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee recalls that by virtue of Article 3(b) of the Convention, such activities are considered to one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst form of child labour as a matter of urgency. It once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 for the production of pornography or for pornographic performances and to adopt corresponding sanctions.

Clause (d). Hazardous work. Self-employed workers. Noting that the Labour Code applies to work on the basis of an employment contract, thereby not covering self-employed workers, the Committee had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from hazardous work. The Committee notes the Government’s information under Convention No. 138 that the protection of children engaged in economic activities, including self-employment is stipulated in the Criminal Code (section 228) which states that persons using children in heavy or dangerous work or in a working environment exposed to hazardous substances shall be punished. It also notes that according to section 7 of the Law on protection, care and education, the abuse of child labour, using children in hard and dangerous jobs or in a working environment exposed to toxic substances and other jobs in contravention with the provisions of the Labour Law are prohibited acts.

Article 5. Monitoring mechanisms. 1. Labour inspectors and MOLISA. Following its previous comments, the Committee notes the Government’s information that the inter-ministerial inspection team established by MOLISA and the Inspectorate Department of the National Commission on Population and Children conducted inspections in nine provinces in 2006. Out of the 39 enterprises inspected, 26 enterprises were found to have employed a total of 1,012 junior workers. The Committee requests the Government to continue providing information, particularly the number and nature of violations detected involving children and young persons involved in the worst forms of child labour.

2. Occupational health and safety inspectors. According to the Government’s information, the number of enterprises inspected by the occupational safety and health inspectors had increased from 2,739 enterprises in 2005 to 5,292 enterprises in 2006. The Committee notes the Government’s information that at present, there is no statistical information on the types of hazardous work that juvenile workers are engaged in and the number of infringements. The Committee once again requests the Government to provide information on the findings of the inspections carried out by the occupational health and safety inspectors with regard to the types of hazardous work performed by children and the number of infringements reported, including in the informal sector.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for Children for the period 2001–10. The Committee had previously noted that the Government adopted in 2001 a National Programme of Action for Children for the period 2001–10. The Committee notes the information contained in the Government’s report submitted under Convention No. 138 concerning the policies, legislative amendments and supplementary legislation adopted by the Government within the framework of the National Programme for the welfare and protection of children. It notes that the Government adopted decision No. 19/2004/QD-TTg approving a programme on preventing and solving the problem of street children, sexually abused children, and children in hazardous working environment for the period 2004–10; decision No. 65/2005/QD-TTg approving the project on caring and protecting orphaned, homeless, abandoned, exposed to toxic substances, and HIV-infected children for the period 2005–10; decision No. 53/2006/ND-CP for protecting children found to be in special situations; and decision No. 38/2004/QD-TTg on providing financial support to families and individuals who adopt orphans and abandoned children. It also notes that the issue of child protection has been integrated into the national socio-economic development plans with the goal that 90 per cent of children in special situations will be cared for and supported by 2010. All these efforts have led to an increased number of children cared for and protected, for example: 55.3 per cent of the total number of orphans and 25 per cent of children with disabilities are being taken care of and are provided with free education; and 66 per cent of street children are monitored and cared for. The Committee notes from the ILO/IPEC Progress Report 2005, on the National Programme for the Prevention and Elimination of Child Labour that decision No. 19/2004/QD-TTg on the National Programme of Action for the Prevention and Elimination of Street Children, Child Victims of Sexual Abuse and Children in Hazardous and Dangerous Work aims to reduce the worst forms of child labour by 90 per cent by the year 2010. The Committee requests the Government to continue providing information on the results of the programmes of action established within the framework of the National Programme of Action for Children, particularly with regard to the elimination of the worst forms of child labour.

2. Trafficking of children. The Committee notes that the Government approved a National Plan of Action to Combat the Crime of Trafficking in Children and Women for the period 2004–10 which forms a part of, and contributes to, achieving the goals set out in the National Programme of Action for Children, 2001–10. It notes the information provided by the Government on the following measures taken to eliminate trafficking, which includes: disseminating information, educating and promoting public participation in detecting, preventing and combating trafficking in children; strengthening the capacity and providing training for the staff responsible for preventing and combating trafficking; implementing international cooperation activities; providing education, job opportunities and social rehabilitation for the victims of trafficking in women and children. Furthermore, a National Steering Committee (NSC) consisting of representatives from 16 related ministries and agencies was established to advise the Government in directing and coordinating activities to prevent and combat trafficking. The NSC has so far coordinated and implemented four projects in this regard. The Committee requests the Government to provide information on the impact of the National Plan of Action to Combat the Crime of Trafficking in Children and Women and the projects implemented by the National Steering Committee on combating trafficking of children, and results achieved. It requests the Government to provide information on the number of child victims of trafficking who had been removed and rehabilitated.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Child prostitution. The Committee notes the Government’s information that it has developed and issued a number of decrees pertaining to the prevention of prostitution; such as Decree No. 178/2004/ND-CP and Direction No. 25/2003/CT‑TTg on the implementation of the Ordinance on prostitution; and decision No. 52/2006/QD-TTg on approving the inter-sectoral cooperation programme for the prevention of prostitution, 2006–10. The Committee notes that about 13,000 women’s union clubs, and 4,973 youth clubs function all over the country for the prevention of social evils, including prostitution. According to the statistics available, there are 4,000 communes across the country which are free from drug abuse and prostitution, accounting for 80 per cent of the prostitution-hit communes. The Committee also notes the Government’s information that during the last five-year period, a total of 25,420 persons have been withdrawn from prostitution, out of which 17,948 persons were treated at rehabilitation centres. Out of the total number of persons rehabilitated, 10,001 people received vocational training, and 3,468 people received funds for community rehabilitation. The Committee encourages the Government to pursue its efforts to prevent the engagement of children in prostitution and to indicate the results achieved. It further requests the Government to provide statistical information on the number of children under 18 years who are in practice removed from prostitution and rehabilitated.

2. Ensuring access to free basic education. The Committee notes the statistical data provided by the Government on school enrolment rates and drop‑out rates. According to this data, enrolment rates in primary school have decreased from 177,96998 in 2003 to 172,46299 in 2005, and 167,57129 in 2006, and drop-out rates increased from 3.13 per cent in 2003 to 2.63 per cent in 2005 and 3.83 per cent in 2006. Within the framework of the National Programme of Action for Children, the Committee encourages the Government to pursue its efforts to increase school attendance rates and reduce school drop-out rates so as to prevent the engagement of children in the worst forms of child labour. It requests the Government to continue to provide updated statistical information on primary school attendance and drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking and prostitution. The Committee had previously noted that the MOLISA, together with the Ministry of Defence, had drafted a project on receiving, supporting and rehabilitating trafficked women and children from overseas. The Committee notes the Government’s information that under this project, MOLISA conducted surveys on receiving and supporting trafficked women and children, coordinated with relevant agencies and international organizations (IOM, UNICEF), to hold conferences and training courses on how to identify victims and on the procedures for rehabilitating them. During the period from 2005 to 2006, the MOLISA, in coordination with the border soldiers and the local authorities, received 1,280 trafficked women and children from overseas. The Committee further notes that the Government took the necessary measures for the social reintegration of the above victims of cross-border trafficking. In addition, the Department of Labour, Invalids and Social Affairs (DOLISA) in coordination with other agencies like the Women’s Union, Committee of Population, Family and Children, and the Centre for Legal Support, provided the following assistance to victims of internal trafficking withdrawn from localities or communes: psychological assistance to 91 persons, vocational training for seven persons, medical examination for 16 persons, financial assistance for ten persons, free tailoring and computing classes for 650 poor and vulnerable women and children, and job opportunities for 1,882 persons. The Committee requests the Government to continue providing information, in particular on the number of child victims of trafficking and prostitution who have been withdrawn and rehabilitated pursuant to the project on receiving and supporting trafficked women and children initiated by MOLISA.

Clause (d). Identify and reach out to children at special risk. Street children and children in hazardous work environments. The Committee had previously noted that MOLISA, in collaboration with the ILO, implemented in 2004 the Programme on Preventing and Rehabilitating Working Children in Hazardous Working Environments. Following its previous comments, the Committee notes the Government’s indication that statistics on the number of street children and children working in hazardous working environments are not yet available and that such information will be provided in its later reports. The Committee also notes the Government’s information under Convention No. 138 that pursuant to decision No. 19/2004/QD-TTg on approving the “Programme on preventing and dealing with the situation of street children, sexually abused, and children working in hazardous conditions for the period from 2004 to 2010”, the Committee of Population, Family and Children along with MOLISA launched a project named “Preventing and dealing with the situation of children in hard and hazardous conditions”. This project focuses on redoubling educational measures, developing intervention policies supporting children working in hard and hazardous conditions to have suitable work; and improving child labour monitoring systems. The Committee requests the Government to provide information, including statistical data, on the results achieved by the “Programme on preventing and dealing with the situation of street children, sexually abused, and children working in hazardous conditions” and the “Programme on preventing and rehabilitating working children in hazardous working environments”.

Part III of the report form. The Committee notes the Government’s information that, according to the report from competent authorities in 2005 and up to mid-2006, there were 366 cases relating to trafficking of women and children with 608 persons arrested. Out of the total number of cases, 223 were sent to court and 161 cases primary trials were under way with 289 defendants. Regarding the offences related to prostitution, the Committee notes that by the end of June 2005, 5,123 cases involving 6,879 arrested persons were investigated and prosecutions were initiated; and 4,656 cases primary trials were under way with 6221 defendants. The Committee requests the Government to specify how many of these cases and court decisions are related to children under 18 involved in the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical data provided by the Government on the results of the inspections conducted in the service-providing establishments of over 50 provinces. According to this data, by the end of June 2005, 150,739 service-providing establishments were inspected, out of which 42,750 establishments had infringements which, compared to the 1998–2000 reports, were reduced by 20 per cent. Financial sanctions (total amount of VND248 billion (dong)) were imposed on 25,332 establishments, and warnings given to 18,554 establishments. Among the establishments inspected, about 2 to 3 per cent of them were forced to stop their business and had their business licence withdrawn. It also notes that the police discovered 6,084 cases relating to prostitution and captured a total of 26,511 people. Moreover, the border guard officers detected 270 trans-border prostitution cases, capturing 671 people. The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries and statistical data on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.