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

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that the Labour Code does not apply to work done outside labour contracts. It had therefore requested the Government to indicate whether there exists any provision in the Labour Code which applies to work done by children outside a labour contract, such as self-employment. The Committee notes the Government’s indication that, according to section 27 of the Labour Code of 1997, a labour contract shall be concluded only with persons of not less than 15 years of age. It also notes that, as per section 174 of the Labour Code, admission to employment is allowed only with respect of persons of not less than 15 years of age. The Committee requests the Government to indicate whether section 174 of the Labour Code is intended to cover all forms of employment or work, including work outside a labour contract.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to a report entitled “Tajikistan – Early childhood care and education programmes” prepared by the UNESCO International Bureau of Education, 2006, compulsory education in Tajikistan starts at the age of 7 and is completed at the age of 15 years. The Committee further notes that a baseline survey conducted by the International Organization for Migration, November 2004, indicated that there has been an increase in the number of working children and hence the number of children not attending school has also increased. According to a study conducted by the Ministry of Education with the support of UNICEF and UNESCO in 2002, 13.7 per cent of the surveyed children of elementary school age and 11.7 per cent of the surveyed children of secondary school age did not attend any school. In a report by UNICEF in 2007 entitled “Child poverty in Tajikistan”, it has been indicated that, according to the 2005 estimates of the Multiple Indicator Cluster Survey (MICS), around 200,000 children aged 5–14 were engaged in some form of child labour and 65,000 children aged 5–14 were engaged in paid work, out of which 10 per cent of children did not attend any school. The Committee observes that poverty is one of the main reasons for child labour, and that this, combined with an inefficient education system, impedes child development. The Committee considers that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit of compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore requests the Government to take the necessary measures to set the age of completion of compulsory schooling at 16 years, without delay. The Committee further requests the Government to take the necessary measures to improve the education system, in particular by increasing school enrolment and attendance rates and reducing school drop-out rates among children under 16 years of age at the primary as well as the secondary level. It requests the Government to provide updated statistical information on school attendance and school drop-out rates.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that, according to section 177 of the Labour Code of 1997, it shall be prohibited to employ persons under the age of 18 years in harmful and hazardous work, such as underground work, or to carry or move heavy objects exceeding the established maximum standards for such children and any other types of work which might jeopardize their health and morals. Section 181 further prohibits overtime work and night work for persons under 18 years of age. The Committee also notes that section 177 further provides that a list of jobs prohibited to persons under 18 years of age as well as the maximum admissible weights shall be established by regulations of the Republic of Tajikistan. The Committee requests the Government to indicate whether any regulations establishing a list of types of hazardous work prohibited to young persons under 18 years, as well as the maximum admissible weights for such persons, have been adopted pursuant to section 177 of the Labour Code of 1997.

Article 6. Apprenticeship. The Committee notes the Government’s indication that section 174 of the Labour Code allows the conclusion of a labour contract with children of 14 years of age who are students of vocational training schools or special secondary educational establishments.

Article 7, paragraphs 1 and 3. Light work and determination of these types of activities. The Committee notes the Government’s statement that, according to section 174 of the Labour Code of 1997, persons of 14 years of age may, with the consent of their parents or guardian, be employed in light work which is not likely to harm their health and safety, or jeopardize their attendance at school. It also notes that, by virtue of section 178 of the Labour Code of 1997, the working hours for persons between 14 and 15 years shall not exceed 24 hours per week.

Article 8. Artistic performances. The Committee notes that the Government has not provided any information on the exceptions to the minimum age with regard to artistic performances by children under 16 years of age. The Committee reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations concerned, of granting individual permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe conditions in which, such employment or work is allowed. The Committee requests the Government to indicate whether in practice children under 15 years of age participate in artistic performances.

Part III of the report form. Labour inspectorate. The Committee notes that sections 225, 226 and 227 of the Labour Code of 1997 provide for state supervision and monitoring of compliance with the labour legislation through specialized state bodies and inspectorates as well as public monitoring through trade unions and technical and juridical labour inspectorates under the authority of the unions. However, the Committee notes that, according to a report by the International Organization for Migration, entitled “Labour laws and employment practices affecting children in Central Asia, 2004” (page 33), child labour inspections are neglected due to general institutional weaknesses of labour inspectorates who are too small in number and often underpaid and insufficiently trained. Their budget is so limited that the inspectors cannot travel outside the major cities, essentially making it impossible to monitor the agricultural industry which is the largest sector employing children. The Committee also notes the information from the above report that a significant number of children assist their parents in the cotton fields during all seasons and stages of cultivation and harvest. Furthermore, the practice of having children work in the cotton fields by the educational establishments exists in Tajikistan. It has been estimated that children pick about a fourth of the cotton produced in Tajikistan. The Committee finally notes that the Ministry of Labour and Social Protection, with the technical support of the ILO–IPEC, launched a Child Labour Monitoring Unit (CLMU) in 2009. This unit will focus on monitoring, identifying and removing children from child labour and its worst forms and refer them to services and thereafter ensure that they have a satisfactory alternative to child labour. The Committee requests the Government to provide information on any impact of the recent adoption of the CLMU in identifying and removing children from child labour and its worst forms. It further requests the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector, in order to ensure that the protection established by the Convention is ensured for children working in this sector.

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