Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee takes note of the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s statement that the Law on Suppression of Kidnapping, Trafficking and Exploitation of Persons of 1996 prohibits the enticement or forceful kidnapping of human beings, including minors, for sale, trafficking or prostitution. The Committee also notes that section 15 of the Act on Suppression of Human Trafficking and Sexual Exploitation of 2008 (HTSE Act) prohibits the act of selling, buying or exchanging a person for the purpose of profit, sexual aggression, production of pornography or any form of exploitation, while section 16 prohibits selling, buying or exchanging a person for cross-border trafficking.

2. Forced or compulsory labour. The Committee notes that section 15 of the Labour Code of 1997 (Labour Code) states that forced or compulsory labour is forbidden, including for domestics or household servants and all workers in agricultural enterprises. Moreover, section 16 of the Labour Law prohibits hiring people for work to pay off debts.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that the HTSE Act prohibits the procuring, purchasing and soliciting of prostitution of minors under 18 (sections 28, 34 and 35). The HTSE Act also prohibits any person from providing another with money or anything of value on the condition that a minor engage in prostitution, or from making a contract in which a minor is obliged to engage in prostitution. The Committee also notes that section 41 of the HTSE Act provides that a person who distributes, sells, leases, displays, projects or presents child pornography in a public place, or produces child pornography for that purpose, commits an offence.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that article 64 of the Constitution of Cambodia states that “The State shall ban and severely punish those who import, manufacture, sell illicit drugs, counterfeit and expired goods which affect the health and life of consumers.” However, the Committee observes that national legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requests the Government to indicate whether there are legislative provisions that prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If so, it asks the Government to indicate those provisions. If not, it requests the Government to take immediate measures to ensure that the use, procuring or offering of a child for illicit activities is prohibited by national legislation, as a matter of urgency.

Clause (d) and Article 4, paragraph 1. 1. Hazardous work and determination of hazardous work. The Committee notes the Government’s statement that section 177(2) of the Labour Code prohibits children under 18 years from any kind of employment or work which, by its nature, could be hazardous to their health, safety or morality. The types of employment or work concerned are determined by a PRAKAS (ministerial order) of the Ministry in Charge of Labour, in consultation with the Labour Advisory Committee. In this regard, the Committee notes that the Ministry of Labour and Vocational Training (MoLVT) adopted the PRAKAS on the Prohibition of Hazardous Child Labour of 28 April 2004, which contains an extensive list of the types of hazardous work which could jeopardize the health, safety or morals of children under 18 years of age, including deep-sea and off-shore fishing, charcoal burning, firefighting, maintenance of heavy machinery, work involving exposure to harmful chemical, physical, electromagnetic or ionizing agents, work as embalmers, and many more.

2. Self-employed workers. The Committee notes that section 1 of the Labour Code provides that it governs relations between employers and workers resulting from employment contracts within the territory of Cambodia. It observes that the Labour Code appears to only apply to those with an employment relationship. In this regard, it notes that, according to a report on findings on the worst forms of child labour in Cambodia of 2007 (report on WFCL of 2007), available on the web site of the High Commissioner for Refugees (www.unhcr.org), the Labour Code does not cover many areas of informal sector work such as family businesses and farms, begging, scavenging, hauling and day labour, where the most serious child labour problems exist. The Committee brings the Government’s attention to the fact that the Convention applies not only to work under an employment contract, but to all types of work or employment. The Committee notes that the Government indicates, in its report under the Minimum Age Convention, 1973 (No. 138), that Cambodia is committed to implement Convention No. 138 as a general instrument covering all employment or work, to workers under an employment contract or self-employed, remunerated or not, including within a family undertaking and on means of transport. Noting the Government’s commitment in this regard, the Committee requests the Government to take the necessary measures to ensure that self-employed workers under 18 years of age are protected from the worst forms of child labour, as a matter of urgency.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s statement that, since the establishment of the Department of Child Labour (DCL), the mechanism to monitor child labour is the Child Labour Inspection Office of the DCL in collaboration with the Department of Occupational Safety and Health. The Committee also notes the Government’s statement that other institutions, such as the National Sub-Committee on Child Labour of the Cambodian National Council for Children, the Municipal/Provincial Committees on Child Labour and the Community Monitoring of Child Labour, constitute a coordinating mechanism to support the monitoring of the application of the Convention. However, the Committee notes that, according to the report on WFCL of 2007, no employer was prosecuted for violating child labour laws in 2007. The Committee therefore strongly encourages the Government to continue strengthening the mechanisms to monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the progress made in this regard. The Committee also requests the Government to supply information on the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

2. The police. The Committee notes that, according to the report on WFCL of 2007, local police are responsible for enforcing laws against child trafficking and prostitution. From April 2007 to February 2008, the police arrested 57 offenders for cross-border and domestic trafficking. Furthermore, the Committee notes that, according to a report on trafficking of persons for Cambodia of 2008 (trafficking report of 2008), available on the web site of the High Commission for Refugees (www.unhcr.org), the Ministry of Interior (MOI) reported receiving complaints of 53 trafficking cases from April 2007 to March 2008, of which 35 were sex trafficking cases involving 60 victims, and 11 were labour trafficking cases involving 106 victims. The Committee also notes the information provided in the joint report of the MOI and the MoLVT on the Human Trafficking situation in Cambodia, according to which the MOI resolved 120 cases in one year, 39 of which concerned trafficking. However, the Committee notes that the report on WFCL of 2007 indicates that although the Government has increased arrests and prosecutions of traffickers, anti-trafficking efforts continue to be hampered by reported corruption and a weak judicial system. The Committee urges the Government to take measures to considerably strengthen the role of the police and of the judicial system in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to continue providing information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that it has adopted the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL). The NPA–WFCL is aimed at reducing the incidence of child labour among children aged 5 to 17 years from 16.5 per cent in 1999, to 10.6 per cent in 2010, and to 8 per cent in 2015. It adopts an integrated, cross-sectoral approach to child labour reduction and envisages the active involvement of all key stakeholders. The NPA–WFCL contains eight areas of action: research and study; policy and institutional development; legislation and enforcement; advocacy, networking and social mobilization; education; prevention; protection; withdrawal/removal and rehabilitation. The Committee requests the Government to provide information in its next report on the results achieved by the NPA–WFCL with regard to removing child workers from the worst forms of child labour and providing for their rehabilitation and social integration.

Article 7, paragraph 1. Penalties. The Committee notes that the HTSE Act provides for a penalty of 15–20 years’ imprisonment if a person if found guilty of selling, buying or exchanging a minor with a purpose or for cross-border transfer. The HTSE Act also punishes the procurement of child prostitution with imprisonment for seven to 15 years; the purchase of child prostitution with seven to 15 years if the minor is under 15 years of age and with two to five years if the minor is aged between 15 and 18 years; and the soliciting of child prostitution with imprisonment for two to five years. Furthermore, the Committee notes that section 368 of the Labour Code provides that employers who employ children of less than 18 years of age under conditions contrary to the provisions of, notably, section 177 (on hazardous work), are liable to a fine of 31–60 days of the base daily wage of the employee in question.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the ILO/IPEC project Support to the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA-WFCL), a Time-bound Programme (TBP), was implemented on 30 September 2004. The three immediate objectives of the TBP are policy development and enforcement; building knowledge base, commitment and mobilization; and targeted interventions. Under the targeted interventions objective, the TBP implemented action programmes by sector directly targeting children for withdrawal, prevention and rehabilitation. The ten action programmes deal with: salt and fishing production in Kampot; fishing production in Sihanoukville; salt production in Kep; rubber plantations in Kampong Cham; the brick industry in Siem Reap and Kampong Cham; child domestic workers in Phnom Penh; and child porters in Banteay Meanchey. The Committee notes that the second phase of the TBP (TBP–Phase II) will replicate good practices from Phase I when possible and focus on the following interventions: creating a child labour-free zone; reducing the incidence of urban child labour; targeting the worst forms of child labour in new areas; preventing trafficking in children; and promoting safe migration for decent work for youth. The TBP–Phase II will be implemented over a period of 48 months commencing on 30 September 2008.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Education. The Committee notes that, according to the East Asia Regional Overview in the UNESCO Education for All Global Monitoring Report of 2008 (EFA Global Monitoring Report), the net enrolment ratio in primary education increased from 85 per cent in 1999 to 99 per cent in 2005. The EFA Global Monitoring Report also indicates that the survival rate to the last grade of primary education increased from 23 per cent in 1999 to 57 per cent in 2005. Furthermore, the gross enrolment rate for secondary education increased from 16 per cent in 1999 to 29 per cent in 2005. The Committee notes that the Government adopted the Education for All (EFA) National Plan for 2003–15, which aims to ensure equitable access to basic and post-basic education, enable quality and efficiency improvement, and build capacity for decentralization. The goals of the EFA National Plan are in turn supported by the 2004–08 Education Strategic Plan (ESP) and by the Education Sector Support Programme (ESSP), which identifies specific action areas. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the EFA National Plan, the ESP and the ESSP on increasing school enrolment rates, especially in secondary education, and reducing school drop-out rates for children. It also asks the Government to provide updated statistical data on school enrolment and drop-out rates.

2. Sale and trafficking. The Committee notes that the ILO/IPEC project “Prevention of Trafficking in Children and Women at a Community Level in Cambodia and Vietnam” was implemented from August 2003 to October 2006. The immediate objective of the project was to build community capacity to prevent trafficking in children and women in a total of six provinces in Cambodia through setting up holistic community-based preventive interventions against trafficking in children and women, aimed at reducing vulnerability to trafficking. The Committee notes with interest that, according to the final report for the project of May 2007, 1,454 children were provided with non-formal education and vocational training; 18,670 children benefited from awareness-raising activities on trafficking prevention and safe migration; and 379 children were mainstreamed into the formal education system. The Committee further notes that, according to the report on WFCL of 2007, the Government participated in a four-year project, implemented by World Education, which concluded in September 2007. The project prevented 18,353 children from engaging in commercial sexual exploitation and trafficking through the provision of educational opportunities in the provinces of Banteay Meanchey, Kampong Cham, Prey Veng, as well as Phnom Penh. Moreover, the Committee notes that Cambodia is one of the countries taking part of the ILO/IPEC project “Reducing labour exploitation of children and women: Combating trafficking in the Greater Mekong Subregion, Phase II” (Mekong project–Phase II), along with China, Laos, Myanmar, Thailand and Vietnam. The objectives of the Mekong project–Phase II include supplementing the knowledge base relating to trafficking and labour migration with new updated information, and developing and strengthening multinational/bilateral, national and local frameworks, structures, policies, processes and capacity to address trafficking in children and women within a broader migration framework. Moreover, the Committee notes that a National Plan of Action on Trafficking and Sexual Exploitation of Children (NPA–TIPSE) was implemented in Cambodia from 2000 to 2004. According to the technical progress report for the Mekong project–Phase II of 30 January 2006, a second NPA–TIPSE was elaborated for 2006–10. The second NPA–TIPSE refers not only to sexual exploitation but also to labour exploitation, with reference to the monitoring and enforcement of labour standards through labour inspection. It also moves from simplistic “stay at home” messages to focus on safe migration in terms of preventive measures and understands the country’s status as a source, transit and destination for trafficking. Finally, the Committee notes that the
TBP–Phase II adds trafficking to its sectors of targeted interventions. The Committee requests the Government to provide information on the number of children who have been prevented from becoming victims of trafficking for sexual or labour exploitation, and the number of child victims of trafficking who have been removed from sexual or labour exploitation and then rehabilitated and socially integrated, as a result of the implementation of the Mekong project-Phase II, the second phase of the NPA–TIPSE and the
TBP–Phase II.

3. Other sectors targeted by the TBP and TBP–Phase II. The Committee notes with interest the Government’s information that, as a result of the action of the TBP, 22,000 child labourers were withdrawn from the worst forms of child labour and that some of them (under 15 years of age) were provided basic education, while others were provided with vocational training (between 15 and 18 years of age). The Government further indicates that 3,000 families of child workers were supported to access micro-credit and job creation. The Committee notes that the TBP–Phase II will be implemented in 15 provinces and will target a total of 12,000 children as direct beneficiaries through the provision of educational and non-educational services. Out of this total, 11,000 children will be targeted for withdrawal and prevention through educational (and skills development) services, while 1,000 will be targeted through non-educational services. Moreover, of the total 12,000 targeted children, 7,200 will be withdrawn and 4,800 will be prevented from the worst forms of child labour. The Committee requests the Government to provide information on the results achieved by the TBP–Phase II in terms of number of children who were prevented or withdrawn from the worst forms of child labour.

Clause (d). Children at special risk. Child domestic workers. The Committee notes that, according to the report on WFCL of 2007, children are employed as domestic servants. Most child domestics are girls aged 14 to 17 years, although the report indicates that it is not uncommon to find workers as young as 6 or 7 years. The child domestic workers typically work 12–16 hour days, seven days a week. The Committee notes that an ILO/IPEC project “Prevention and elimination of exploitative child domestic work through education and training” was implemented from 1 March 2004 to 28 February 2006 and covered countries in Central America, Africa, South Asia and Southeast and East Asia. As a result of the implementation of this project, 2,595 children were prevented from domestic work in Southeast and East Asia, which includes Cambodia; 162 children were withdrawn; and 425 children were protected. The Committee further notes that one of the sectors of targeted interventions of the TBP is child domestic workers in Phnom Penh. The Committee requests the Government to provide information on the number of child domestic workers who were prevented from performing hazardous work, or withdrawn from hazardous work and rehabilitated and socially integrated, as a result of the implementation of the TBP. It also requests the Government to provide information on any other measure taken to protect child domestic workers from the worst forms of child labour in Cambodia.

Article 8. International cooperation. 1. Trafficking. The Committee notes that Cambodia participated in the second Ministerial Consultation and fifth Senior Official Meeting of the Mekong Subregion on Combating Abducting and Trafficking in Women and Children. The conference culminated in the Joint Declaration of the “Mekong Subregional Cooperation in the Anti-trafficking Process”, by ministers from the countries of China, Cambodia, Laos, Myanmar, Vietnam and Thailand. The Committee also notes that the Government signed a Memorandum of Understanding (MOU) between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on Bilateral Cooperation to eliminate trafficking in children and women and provide assistance to victims of trafficking. Moreover, the Committee also notes that the Cambodian National Assembly approved for implementation an ASEAN Inter‑Parliamentary Organization (AIPO) Resolution to prevent and eradicate the worst forms of child labour. In 2008, ASEAN AIPO adopted a new resolution on regional cooperation to combat human trafficking for both sexual and labour exploitation. The Committee notes that, according to the report on WFCL of 2007, the Government established, in April 2007, a National Task Force (NTF) to implement all agreements and MOUs between Cambodia and other countries on the elimination of trafficking in persons and to assist victims of trafficking. In July 2007, the Government established a “Leading Task Force” on human trafficking activities as a support structure for the NTF. The Committee requests the Government to provide information on the impact of international and regional anti-trafficking agreements and programmes in combating the trafficking of children, and the results achieved. It also requests the Government to provide information on the action of the NTF and of the Leading Task Force in implementing the regional agreements and MOUs between Cambodia and other countries and on the number of child victims of trafficking it has assisted.

2. Poverty reduction. The Committee notes that Cambodia adopted a National Strategic Development Plan (NSDP) for 2006–10, in which child labour concerns have been included. Considering that poverty reduction contributes to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any notable impact of the NSDP towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the Cambodia Child Labour Survey of 2001 (CCLS), there are 4.3 million children aged 5–17 years in Cambodia, out of a population of 12.3 million. The CCLS estimated that for the 5–17 years age group, about one in every two children was found to be working. Among all working children, 23 per cent worked more than 35 hours a week, 15 per cent worked more than 41 hours a week and 67 per cent worked between 15 and 34 hours a week. The agricultural sector accounted for seven out of every ten child workers aged 5–17 years in Cambodia as a whole, while 16 per cent of working children worked in wholesale and retail trade, 6.3 per cent worked in manufacturing and 2.3 per cent worked in community, social and personal services. Regarding hazards at the workplace, the CCLS found that 3.6 per cent of working children worked with machinery; 24 per cent did hard work; 3 per cent reported a bad working environment; 0.5 per cent were physically or mentally abused; and 2 per cent were badly paid. In terms of injuries and related illnesses, cuts, moulds and punctures were the main injuries reported by working children (60 per cent of the injured working children), followed by contusions, bruises and abrasions (16 per cent), and bites by animals, insects or snakes (15 per cent). The Committee expresses its deep concern at the significant number of children who work in hazardous conditions in Cambodia and requests the Government to redouble its efforts to remove and rehabilitate children from hazardous work. It also requests the Government to provide updated statistics and information with its next report 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. To the extent possible, all information provided should be disaggregated by sex.