Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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

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 that the Penal Act, pursuant to section 100, prohibits the trade and abduction of human beings, and pursuant to section 134, prohibits human trafficking. Section 134 defines human trafficking as the recruitment, moving, transfer, harbouring, or receipt of any person within or across national borders by means of deception, threats, use of force, debt bondage or any other means for various purposes including prostitution, pornography, or for other unlawful purposes. Section 134 further states that any of these acts “committed against children under 18 years of age shall be considered as human trafficking even though there is no deception, threat, use of force, or debt bondage”. The Committee also notes that the Development and Protection of Women Act (the Protection of Women Act), pursuant to sections 24, 48 and 49, contains parallel provisions prohibiting the sale and trafficking of children. The Committee further notes that victims of trafficking are granted various rights under section 25, including the right to request compensation, be rehabilitated and reintegrated into society, receive protection, and not be prosecuted on any charge of trafficking in women and children, prostitution or illegal immigration.

2. Forced or compulsory labour. The Committee notes that section 3(10) of the Amended Labour Law No. 06/NA, 2006 (the Labour Act) prohibits forced labour, and that labour by force is defined in section 2(6) as "the use of labour where the employee does not voluntarily accept the work assigned, which is inconsistent with the employment contract”. The Committee also notes that the Penal Act 2005, pursuant to section 134 on trafficking, prohibits the recruitment, moving, transfer, harbouring, or receipt of any person under 18 for the purpose of (among other things) forced labour.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, upon accession to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in September 2006, the Government stated in its declaration that the minimum age for entry to the national armed forces, both voluntary and obligatory, was 18. The Committee also notes that the Obligations of National Defence Services Act (Defence Services Act), in sections 3 and 6, refers to conscription from the age of 18. The Committee further notes that, pursuant to section 14 of the Defence Services Act, conscripts are able to volunteer to serve further as regular soldiers, following service. However, there do not appear to be provisions criminalizing the compulsory recruitment of children for use in armed conflict.

The Committee notes the information in the ILO–IPEC 2005 report, “Combating Child Labour in Asia and the Pacific: Progress and Challenges” (Child Labour Report) that there are indications that children under the age of 18 are recruited into the government armed forces, with some sources stating that compulsory recruitment may occur as young as 15 years old. The Committee also notes the information in the Child Labour Report that there exist internal conflicts with armed opposition groups, increasing the risk of child recruitment by militias. The Committee reminds the Government that by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee therefore requests the Government to take prompt and effective action to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict is eliminated. It requests the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that sections 131, 132 and 133 of the Penal Act prohibit prostitution assisting or facilitating prostitution, generating income through procuring prostitution and forcing another person into prostitution. The Committee also notes that, pursuant to sections 132 and 133, procuring that involves the prostitution of female minors or the forcing of a female person under the offender’s guardianship or under the age of 18 into prostitution carries a harsher sentence. In addition, section 89 of the Protection of the Rights and Interests of Children (Protection of Children Act), prohibits paying or giving any type of benefit to a child under 18 for sexual relations.

2. Pornography. The Committee notes that section 138 of the Penal Act prohibits engaging in the production, distribution or dissemination of pornographic items, magazines, pictures and other materials. The Committee also notes that section 86 of the Protection of Children Act prescribes punitive measures for the production, distribution, dissemination, importation, exportation, display or selling of magazines, photographs, films, videos, DVDs and other items of child pornography.

Clause (c). Use, procuring or offering a child for illicit activities, production and trafficking of drugs. The Committee notes that, pursuant to section 146 of the Penal Act, the production, trade, distribution, possession, importation, exportation, transportation or transit of narcotics is prohibited. The Committee also notes that, pursuant to section 41(5) of the Penal Act, “the initiation of minors into committing or participating in an offence” is included as a circumstance conducive to the increase of penal responsibility. The term “minor” does not appear to be defined in the Penal Act. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs, the Committee asks the Government to indicate whether the term “minor” in section 41(5) of the Penal Act is defined as a person under the age of 18 years.

Clause (d) and Article 4, paragraph 1. 1. Hazardous work and determination of hazardous work. The Committee notes the Government’s information that, pursuant to section 41 of the Labour Act, an employer may not employ children between the ages of 14 and 18 in work that involves the performance of heavy work or work that is dangerous to their health. The Committee also notes that section 41 describes hazardous work prohibited to children under the age of 18, as all types of mining, production activities that use chemicals, explosives or toxic substances, work involving the handling of human corpses, overtime time, work in places that serve alcohol or have gambling, work in a place with excessive noise, work at night between 10 p.m. and 5 a.m. and work specified in section 16. Section 16 identifies various types of hazardous work, such as work underground, work in extreme temperatures, and work with exposure to radiation, vapour or dangerous chemicals.

2. Self-employed workers. The Committee notes that the Labour Act, by virtue of section 6, applies only to “employees and employers who carry out activities in the labour units”. Section 2 of the Labour Act defines an employer as a person or organization using employees for its activities by paying wages and providing benefits, and an employee as a person working under the supervision of an employer, while receiving compensation for work through wages or benefits. The Committee observes that the Labour Act appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application. The Committee consequently requests the Government to take the necessary measures to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. 1. Labour inspectorate and Committee on Protection and Assistance to Children. The Committee notes that, pursuant to sections 71 and 66 of the Labour Act, the competent labour inspection authority is the Labour Administration Agency, and pursuant to section 72, the labour inspection authority is charged with, among other duties, inspecting the implementation of labour laws and regulations, workplace safety and health and the use of child labour. The Committee notes that, for children in need of special protection (which, pursuant to section 2, includes children who have been orphaned, abandoned, neglected, children who are victims of prostitution and human trafficking and children who work in hazardous conditions seriously affecting their life or health), the Protection of Children Act provides separate provisions for reporting and inspection. Section 38 of that Act states that, any person or organization that knows of, or observes, any situation regarding any child at risk of, or in need of, special protection, must promptly notify or report on that situation to the Committee on Protection and Assistance to Children (CPAC) or to an investigation agency, if it is a criminal offence. Section 40 of the Protection of Children Act provides for urgent measures by the CPAC, upon discovering or receiving a report that a child is in need of special protection, which include inspecting the place where the child is suspected to be, and removing the child from such harm. The Committee requests the Government to provide additional information on the operation of the Labour Administration Agency, particularly with regard to the worst forms of child labour, as well as information on the work of the CPAC. It 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.

2. Monitoring mechanisms to combat the trafficking of children. The Committee notes the information in the Government’s report that the Ministry of Public Security is engaged in monitoring and investigating trafficking in children and women. The Committee also notes the information in the Government’s report that, following the enactment of the Protection of Women Act, it received recommendations to improve coordination between national and provincial authorities to monitor border crossings, to track suspicious recruiters and missing children, and to provide training to border officials to increase recognition of possible instances of trafficking. The Committee further notes that the Government recently established a high-level commission on trafficking in women and children and anti-trafficking chapters within Ministry of Labour and Social Welfare (MoLSW) and the Immigration Department. In addition, the Committee notes that, in 2007, the Ministry of Justice and the UN Office on Drugs and Crime (UNODC) hosted a workshop, entitled “Strengthening law enforcement institutions to prevent and combat human trafficking”. The Committee encourages the Government to continue its efforts to strengthen the monitoring mechanisms to combat the trafficking of children, and requests the Government to continue to provide information on developments in this regard.

Article 6. Programmes of action. The Committee notes the information in the Government’s report that, following ratification of the Convention, the Government established the Office of Child Labour Protection and Trafficking in Person Prevention (Office of Child Labour Protection) in 2006, which acts as a focal point for ILO–IPEC programmes. The Committee also notes the indication in the Government’s report that the Vulnerable Groups Unit was designated to intervene on issues of commercial sexual exploitation of children, child bonded labour, child domestic work, and the use of children for criminal activities and in armed conflict. The Commission further notes the information in the Government’s report that, as a part of the Master Plan of the Ministry of Labour and Social Welfare 2006–10, a National Plan of Action against the Commercial Sexual Exploitation of Women and Children was endorsed, addressing child prostitution, child pornography, child sex tourism and child trafficking for sexual purposes. In addition, the Committee notes the information in the UN Human Trafficking Report, 2009, that the Government is in the process of developing its first National Plan of Action against Trafficking in Persons. The Committee requests the Government to provide further information on the implementation of these programmes, and their contribution to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Act provides for sufficiently dissuasive and effective penalties of imprisonment for anyone who forces children into prostitution (punishable under section 133 by ten to 20 years of imprisonment and fines between 20,000,000 Kip (LAK) and LAK50,000,000) or who engages in child trafficking (punishable under section134 by 15–20 years of imprisonment, fines from between LAK100,000,000–500,000,000, as well as confiscation of property). The Committee also notes that, pursuant to section 49 of the Protection of Women Act, any person committing the offence of trafficking in women and children shall be punished by five to 15 years of imprisonment and shall be fined from LAK10,000,000 to LAK100,000,000, with harsher punishments for trafficking of children. The Committee further notes that section 84 of the Protection of Children Act provides for administrative measures for those who employ children over the limit of hours, or employ children to perform heavy work (as prescribed by the Labour Act) and section 87 of the Protection of Children Act mandates punitive measures for any person using child labour in hazardous sectors, or who has been subject to administrative measures but has repeated the offence. In addition, the Protection of Children Act prescribes punitive measures for the dissemination of child pornography (section 87) and trafficking in children (section 90). In addition, the Committee notes that the provisions in the Labour Act prohibiting hazardous work (sections 16 and 41) and forced labour (section 3(10)) are punishable pursuant to section 75. The Committee requests the Government to provide information on the application in practice of these provisions of the Penal Act and the Labour Act.

Article 7, paragraph 2. Effective and time-bound measures. 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 UNESCO Education for All Global Monitoring Report of 2009 (UNESCO Report), 38 per cent of children do not complete grade 5 and that the net enrolment ratio in secondary education is only 35 per cent. However, the Committee also notes that the Education for All National Plan of Action 2003–15 (EFA–NPA), released by the Ministry of Education in 2005, targets school drop-outs and children not admitted into primary schools and includes a programme to increase access to, participation in, and completion of, primary education. This programme includes measures to increase educational access for children with socio-economic difficulties (including children engaged in child labour), to establish schools to serve children in villages without access to education, and to facilitate access by adjusting the annual school calendar to the rhythm of agricultural and rural activities and adapting the daily school schedule to girls’ household activities.

Nonetheless, the Committee notes the statement in the EFA–NPA that, during the agricultural season, many rural children do not attend school since they are required to help their families with planting and harvesting. The report also states that “although compulsory education is ‘free,’ in practice there are many actual costs” including clothing, books, school supplies, transport and meals, and that this cost, in addition to the potential lost income, is a significant barrier to many children attending school. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts within the framework of the Education for All National Plan of Action 2003–15 to improve the functioning of the education system. The Committee requests that the Government continue to provide information on the measures taken and the results obtained, particularly with regard to increasing school enrolment rates in secondary school, reducing drop-out rates and improving access to basic education for children from rural areas.

2. Sale and trafficking. The Committee notes that Lao People’s Democratic Republic (Lao PDR), 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” (the Mekong Project). The Committee notes that phase I of the Mekong Project (2000–03) consisted of research and interventions in three regions and notes the information in the technical progress report of January 2008, that phase II of the Mekong Project 2003–08) has four main objectives: policy and capacity building, conducting research on the migration in the region, advocacy and mobilization. The Mekong Project phase II has resulted in programmes in five provinces with the aim of implementing strategies for prevention and protection, including: (i) the improvement of alternative income-generating opportunities for children and families vulnerable to trafficking; (ii) support for the creation and expansion of Village Development Funds; (iii) building capacity and strengthening the knowledge base relating to child trafficking; (iv) training Lao-language mass media personnel about child trafficking issues; and (v) strengthening collaboration, planning and implementation of anti-trafficking measures at community, regional and national levels.

The Committee notes the information in the Government’s report that the MoLSW anti-trafficking unit engages in the rehabilitation of child victims of trafficking, as well as awareness-raising activities on the dangers of trafficking. The Committee also notes the information in the Government’s report that the MoLSW is collaborating with Save the Children Australia on the Cross-Border Children’s Project and that measures implemented through this project include forming young volunteer groups to provide peer education on the risks relating to trafficking, distributing literature and posters on the dangers of cross-border trafficking, providing vocational training to children at risk, and rehabilitating and assisting victims of human trafficking. The Committee encourages the Government to continue these efforts, and requests the Government to provide information in its next report on the functioning of these programmes, including information on the number of children who have been prevented from becoming victims of trafficking, as well as removed and rehabilitated, as a result of their implementation.

Clause (d) Children at special risk. 1. Street children. The Committee notes the information in the Government’s report of a collaborative project between the MoLSW, Friends International and UNICEF to aid street children. The project’s aims include preventing children from living on the street, rehabilitating existing street children, and strengthening the capacity building of the MoLSW to address this issue. The project aims to help 1,400 street children and their families, and has succeeded in establishing a centre for these children, in taking measures to encourage these children to reintegrate with society and in building local staff capacity to address this issue. The Committee points out that street children are particularly exposed to the worst forms of child labour, and encourages the Government to continue efforts to protect them from such worst forms. It asks the Government to continue to provide information on measures taken to this end.

2. Ethnic minorities. The Committee notes the statement in the EFA NPA that children from ethnic minorities face significant barriers in accessing basic education and that provinces with large ethnic group populations have more villages without any schools, account for more incomplete primary schools, and seriously lack qualified teachers. The EFA NPA further states that, when minority children do enrol in school, the drop-out rate is quite high, particularly in the first two years of schooling. The Committee also notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 18 April 2005 expressed concern at the significant obstacles to accessing education and vocational training that exist for people from ethnic minorities (CERD/C/LAO/CO/15). The Committee further notes a survey conducted in 2004 by MoLSW and UNICEF which found that 60 per cent of trafficking victims were girls aged between 12 and 18 years (35 per cent of whom ended up in forced prostitution), and that all came from ethnic minority groups. In light of the view that children from ethnic minorities are particularly vulnerable to the worst forms of child labour, the Committee expresses its concern and requests the Government to strengthen its efforts to facilitate educational access to children who are members of ethnic minorities, and to take urgent efforts to protect them from sale and trafficking. The Committee requests information on any programmes implemented in this regard, and on the results obtained.

Article 8. International cooperation. Sale and trafficking. The Committee notes that the Mekong Project involves the strengthening of multinational and bilateral structures, policies and processes to address trafficking in children and women within a broader migration framework, with the other participant countries (China, Cambodia, Myanmar, Thailand and Viet Nam). The Committee also notes that the Government signed a joint Memorandum of Understanding (MOU) to combat human trafficking with five other countries in the Greater Mekong Subregion in 2004, as well as a MOU with the Thai Government on 13 July 2005 to promote cooperation on combating trafficking in persons. The Committee requests the Government to provide information on the implementation of international and regional anti-trafficking agreements and programmes. It also requests the Government to provide information on the results obtained, including the number of child victims of trafficking that have been assisted.

Part V of the report form. Application of the Convention in practice. The Committee notes the information in the report entitled “The Mekong challenge: Winding roads: Young migrants from Lao PDR and their vulnerability to human trafficking”, issued by ILO–IPEC in 2005, that more than 20 per cent of all Lao migrants from three major sending provinces typically are younger than 18 and more than two-thirds of them are girls who are vulnerable to sexual exploitation, forced labour and exploitative domestic labour. The Committee also notes the information in the Trafficking Report that between 2001 and 2007, 903 children were reported to have been repatriated from Thailand. The Committee further notes the information in the Trafficking Report, that, although trafficking is decreasing in most regions, it was increasing in the Mekong region, including in Laos People’s Democratic Republic. The Committee expresses concern at the significant number of children who are victims of the worst forms of child labour, particularly trafficking and commercial sexual exploitation, and urges the Government to redouble its efforts to address these difficulties and eliminate the worst forms of child labour. The Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, and the number of children protected by the measures giving effect to the Convention.