Solicitud directa (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - República Democrática Popular Lao (Ratificación : 2005)

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Observación

Solicitud directa

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Compulsory recruitment of children for use in armed conflict. Following its previous comments, the Committee notes the Government’s statement that the Law on National Defence Obligations, adopted on 13 December 2012, states that all conscripts must be at least 18 years of age. The Government also indicates that there have not been any cases reported relating to the selection of young persons under 18 for conscription. The Committee requests the Government to provide a copy of the Law on National Defence Obligations of 2012, with its next report.

Clause (c). Use, procuring or offering a child for illicit activities, production and trafficking of drugs. The Committee previously requested the Government to take measures to ensure the revision of national legislation to prohibit the use, procuring or offering of a child under 18 for the production and trafficking of drugs.

The Committee notes with interest that section 102 of the Labour Law, adopted in December 2013, prohibits the use of youth in the trade, movement, production, transportation or possession of narcotics or addictive substances. Section 3 of the Law defines the term youth as a person under 18 years of age.

Article 6. Programmes of action. The Committee notes the Government’s indication that the Ministry of Labour and Social Welfare developed a National Plan of Action for the elimination of the worst forms of child labour, which was adopted in February 2014. The objectives of this National Plan of Action include interventions to prevent the worst forms of child labour, strengthened coordination with regard to the monitoring of the worst forms of child labour and measures to ensure that children affected by these worst forms are provided with health, education, skills training, counselling and social protection services. The Committee encourages the Government to pursue its efforts to implement the National Plan of Action for the elimination of the worst forms of child labour, and to provide, in its next report, information on concrete measures taken in this regard.

Article 7(1). Penalties and the application of the Convention in practice. Trafficking and commercial sexual exploitation. The Committee previously noted that the Committee on the Rights of the Child expressed concern that Lao People’s Democratic Republic remained a country of origin, transit and destination for victims of trafficking for the purposes of forced labour and sexual exploitation.

The Committee notes the Government’s statement that it is taking measures, in collaboration with NGOs, to protect children from trafficking and commercial sexual exploitation. These measures include holding training workshops for stakeholders on tools to protect children from child sex tourism, providing assistance to anti-trafficking police during investigations and implementing information campaigns in target villages on the topic of trafficking. The Government states that, according the 2013–14 report of the National Human Trafficking Committee, the authority responsible for investigating and prosecuting cases of trafficking, 231 persons were found guilty of trafficking in persons between 2008–12. The Committee requests the Government to pursue and strengthen its efforts to combat the trafficking and commercial sexual exploitation of children, including child sex tourism. It requests the Government to continue to provide information on the specific measures taken to address these worst forms of child labour, and on the results achieved, including the number of investigations, prosecutions, convictions and the particular penalties applied.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the information in the UNESCO Education for All Global Monitoring Report of 2011 that the net enrolment rate for primary education in the country was 69 per cent and there remained 142,000 out-of-school children of primary school age.

The Committee takes due note of the information in the Government’s report regarding the measures it has taken within its Education for All National Plan of Action 2003–15, which seeks to achieve universal basic and primary education, promote community participation in basic education and improve the relevance and quality of basic education. It also welcomes the measures contained in the Education Sector Development Framework 2009–15, aimed at reducing the cost barriers for education, reducing repetition and drop-out rates and developing inclusive education to facilitate enrolment and completion of unreached learners. The Committee notes with interest that, according to the UNESCO Education for All Global Monitoring Report of 2013 and 2011 the net enrolment rate for primary education had reached 98 per cent by 2011, and the number of out of school children of primary school age had decreased significantly to 66,000 children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts, within the framework of the Education for All National Plan of Action 2003–15 and the Education Sector Development Framework, to facilitate access to and completion of free basic education.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Sale and trafficking. The Committee previously noted that the Ministry of Labour and Social Welfare was engaged in activities for the rehabilitation of child victims of trafficking, including through the provision of repatriation support and the operation of transit centres for victims.

The Committee notes the Government’s statement that it is collaborating with several NGOs in the implementation of projects to provide support to victims of trafficking, including children. Measures taken through these projects include repatriation assistance for child victims of trafficking, reunifying child victims with their families, support for their reintegration into society, follow-up support and providing financial assistance to former victims. The Committee requests the Government to pursue its efforts to ensure that child victims of trafficking are provided with appropriate support services for their repatriation, rehabilitation and social integration. It requests the Government to continue to provide information on the implementation of measures in this regard, including on the number of child victims of trafficking who have been reached by these services.

Clause (d). Children at special risk. 1. Street children. The Committee notes the Government’s indication that it is operating a project to reach out to vulnerable street children (entitled PeuanMit). This project has provided services to approximately 1,600 vulnerable children, including educational support, shelter, vocational training, employment placement services and support for family reintegration. Recalling that children who live and work on the street are particularly at risk for engagement in the worst forms of child labour, the Committee requests the Government to pursue its efforts to protect this vulnerable group, and to continue to provide information on the steps taken in this regard.

2. Ethnic minorities. The Committee previously noted the information from a survey conducted by the Ministry of Labour and Social Welfare and UNICEF indicating that a significant number of child victims of trafficking in the country were from ethnic minority groups. It noted the information in the Government’s Education for All National Plan of Action 2003–15 that children from ethnic minorities faced significant barriers to education, including a lack of qualified teachers and a significant number of villages without schools in provinces with large ethnic minority populations. In this regard, the Government indicated that low enrolment and completion rates in primary education were concentrated among children in rural, remote and specific ethnic group areas, but that one of the objectives of the National Plan of Action was equitable access to education.

The Committee notes the information in the Government’s report that the Ministry of Education and Sport has developed education programmes to encourage children of ethnic minority groups to attend schools, including through the establishment of 28 boarding schools for such children from remote areas. The Government indicates that, in addition to providing accommodation, it also pays school fees and provides textbooks, uniforms, meals and access to health care. Observing that children from ethnic minorities in the country may be particularly vulnerable to the worst forms of child labour, the Committee strongly encourages the Government to strengthen its efforts to protect these children from the worst forms of child labour. In this regard, it encourages the Government to pursue its efforts to facilitate educational access to children who are members of ethnic minorities, and to continue to provide information on the measures taken in this regard.