Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s first and second reports, and requests it to supply further information on the following points. It notes with interest that Jordan signed in 2002 a Memorandum of Understanding with ILO/IPEC aimed at the progressive elimination of child labour, especially its worst forms.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the Government set up the National Coalition for Children which includes representatives of international organizations, non-governmental organizations (NGOs) and official institutions. The National Coalition for Children is composed of specialized committees such as a legal committee on legal and legislative affairs responsible for upgrading the legislation to safeguard and protect the rights of the child, and a committee on child protection affairs in charge of participating in the formulation of policies to protect children from child labour. The Committee asks the Government to keep it informed of the concrete measures taken by the National Coalition for Children to secure the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that article 13 of the Constitution prohibits forced labour. It also observes that the Law on slavery eradication of 1929 prohibits slavery, debt bondage and trafficking and provides for penalties for violations of such prohibitions. The Committee also observes that, according to a report by certain NGOs on the implementation of the Convention on the Rights of the Child (June 1998) annexed to the Government’s report to the Committee on the Rights of the Child, the Law on slavery eradication of 1929 shall be amended or a new legislation promulgated "to prevent trafficking in children in a manner more consistent with the new developments and changes that have taken place in Jordanian society". It also notes from the Government’s indications to the Committee on the Rights of the Child that the Penal Code prohibits the abduction or concealment of a child under 7 years of age (section 287), the abduction or kidnapping of a child under 15 years, even with his/her consent, with a view to removing the minor from the authority of his/her guardian (section 291). The Committee would be grateful if the Government would supply a copy of the Penal Code together with information on any amendments envisaged or adopted.

2. Forced or compulsory recruitment of children in armed conflict. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that the Government indicated, in its report to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 160), that section 5 of the Military Service Act No. 2 of 1972 requires military recruits to be over 16 years of age. It also observes that section 3(a) of Part II of the Compulsory Military Service Act No. 23 of 1986 provides that every Jordanian male has an obligation to perform military service when he attains 18 years of age. The Committee nevertheless notes that, by virtue of article 13 of the Constitution, compulsory labour may not be imposed on any person, but any person may be required to do any work or to render any service in circumstances prescribed by law in a state of war. The Committee consequently asks the Government to indicate the measures adopted or envisaged to secure the prohibition of the forced or compulsory recruitment of children under 18 years of age for use in armed conflict in a situation of war, as envisaged in article 13 of the Constitution. It also requests the Government to provide a copy of the Military Service Act No. 2 of 1972 and the Compulsory Military Service Act No. 23 of 1986.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes the absence of information in the Government’s report on this issue. However, it notes from the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 149) that the Penal Code provides for sanctions for anyone who induces a female to become a prostitute in or outside the country (section 310(1)), or induces a female to leave the country in order to reside in or frequent a house of prostitution (section 310(2)), or induces a person under 15 years of age to commit an act of sodomy with him (section 310(5)). Section 305(3) of the Penal Code provides for sanctions for anyone who proposes an indecent act to a boy under 15 years of age or a female. The Committee recalls that under Article 3, clause (b), of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 57), section 310 of the Penal Code provides for a penalty of imprisonment for anyone who incites a juvenile under 15 years of age to engage in an immoral act if the court is convinced that the juvenile was harmed thereby. It also observes that section 298 of the Penal Code sanctions with imprisonment anyone who, without using force or threats, sexually assaults a male or a female child under 15 years of age or induces him or her to engage in an indecent act (CRC/C/70/Add.4, dated 17 September 1999, paragraph 149). The Committee draws the Government’s attention to Article 3, clause (b), of the Convention, according to which the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour. The Committee asks the Government to provide information on the meaning of an "immoral act" and an "indecent act" under the abovementioned provisions of the Penal Code and to indicate examples of such acts. It also requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited and that it applies to all persons under 18 years of age.

The Committee takes note of the Government’s indications to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 148) that it has formulated a national strategy to tackle the problem of child sexual exploitation or abuse. This strategy will be carried on by the Higher National Committee on Family (Mother and Child) Protection. The Committee requests the Government to provide information on the establishment, functioning and powers of this Higher National Committee.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee takes note of section 8(b)(iii) of the Law on narcotic drugs and psychotropic substances of 1988 which provides for the death penalty for anyone who uses a minor for the production, transportation, sale or purchase of drugs. The Committee requests the Government to supply information on the definition of a minor under the Law on narcotic drugs and psychotropic substances of 1988.

Clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that section 74 of the Labour Code of Jordan, No. 8, of 1996 was amended by provisional Law of 10 July 2002, which raises the minimum age for admission to dangerous, tiring, or health threatening works to 18 years. It also observes that the Order on dangerous, tiring or health endangering tasks for young persons of 1997, which provides for a list of hazardous works, was amended in 2004. The Committee consequently notes that, pursuant to the 2004 amendments, children under 18 years of age shall not perform: (i) work with mechanically operated equipment; (ii) work with oil and gas machines; (iii) work requiring the scuba diving equipment; (iv) construction work; (v) work in which the worker is exposed to noise, vibration, high air pressure, ionizing and non-ionizing radiation, dust (that leads to cirrhosis) and organic dust or compounds; (vi) underground work; (vii) work in offices, hotels, restaurants, nightclubs, etc. The Committee accordingly asks the Committee accordingly asks the Government to provide information on the practical application of the above-mentioned provisions.

Article 4, paragraph 2. Identification of hazardous work. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee notes the absence of information in the Government’s report in this regard. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the Child Labour Unit established in 1999 within the Ministry of Labour is monitoring the size, types and causes of child labour through a survey formulated to measure the social, economic and health dimensions of this phenomenon. The Committee asks the Government to provide information on the functioning of the Child Labour Unit and the measures taken by it to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication, in its report, that the Child Labour Unit is formulating a national strategy for the eradication of the worst forms of child labour by 2005. To this end, specialized experts in economics, sociology and education will be appointed and most formal and informal bodies working on child labour will get involved through the setting up of a national committee on child labour. The Committee also observes that the Government’s report highlights efforts to develop a media strategy aimed at raising awareness among the different classes of society on the rights of the child, the importance of education, the disadvantages of dropping out of school and taking up employment at an early age. The Committee requests the Government to provide information on the development, findings and results of the national strategy for the elimination of the worst forms of child labour. It also asks the Government to provide information on consultations held with workers’ and employers’ organizations and whether the views of other concerned groups were taken into account when formulating the national strategy plan as required by Article 6 of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s indication that section 3 of the Order of 1997 on the employment of young persons in dangerous, tiring, or health-threatening tasks states that an employer or director of an undertaking who violates this Order shall be punished by the penalty laid down in section 77 of the Labour Code, No. 8 of 1996. It also observes that section 77 of the Labour Code provides for a fine of 100 dinars (about US$140) and a maximum fine of 500 dinars (about US$700). The Committee also observes that imprisonment could be pronounced against a person who contravenes the provisions on sexual offences (sections 298, 305 and 311, of the Penal Code, for instance), trafficking of children (sections 287 and 291 of the Penal Code), slavery or trafficking of children (section 5 in fine of the Abolition of Slavery Law). Penalties of imprisonment can also be handed down for violations of the provisions prohibiting the use of children for the production and trafficking of drugs (sections 7, 8(b)(iii), 9(c)(iii) of the Law on narcotic drugs and psychotropic substances of 1988). The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, paragraph 149), section 310 of the Penal Code provides for imprisonment from one month to three years and a fine of 5 to 50 dinars (approximately US$7 to 70) for anyone who induces a female to become a prostitute or to leave the country to reside in a brothel.

However, according to the National Report on Child Labour of 1997, labour inspectors refrain from reporting cases of violations of the law to courts or from imposing fines on employers found in breach of the labour legislation because of the difficult economic situation of the country. The Committee also notes that low fines are imposed on employers violating the provisions of the Labour Code. The Committee recalls that, under Article 7, paragraph 1, of the Convention, the Government shall take necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including appropriate penalties. The Committee hopes that the Government will adopt the necessary measures to ensure that penalties are dissuasive and that the labour inspectors carry on their duties.

The Committee observes that, according to the NGO’s report on the implementation of the Convention on the Rights of the Child (June 1998) annexed to the Government’s report to the Committee on the Rights of the Child, the Penal Code may be amended. These amendments are envisaged in view of the recent increase in the number of offences involving physical, psychological harm and sexual exploitation of children as well as their employment in tourist facilities. The amendments would aim at providing for increased penalties and at ensuring that anyone who fails to notify the competent authorities of an act involving ill-treatment of children is held criminally responsible. The Committee requests the Government to supply a copy of the amendments to the Penal Code as soon as they are adopted.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the adoption of effective and time-bound measures. However, it notes that a three-year programme focusing on the prevention, withdrawal and rehabilitation of children was launched in 2002, with the assistance of ILO/IPEC. The programme aims at carrying out analysis of the child labour situation, as well as establishing and implementing policies and programmes for the elimination of child labour and the protection of working children. The Committee notes that special attention will be given to prevent the participation of children in hazardous work or activities. The programme will also focus on the protection of those who are particularly young and vulnerable such as girls. The Committee accordingly requests the Government to supply information on the impact of this three-year programme. It also asks the Government to supply information on the actions taken or envisaged, as required under Article 7(2)(c) of the Convention, to ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.

Clause (a).  Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee observes that the Child Labour Unit within the Ministry of Labour participates in an ILO/IPEC educational programme named Supporting Children’s Rights through Education, Arts and Media (SCREAM). The programme’s objective is to increase awareness of the phenomenon of child labour, including its worst forms. The Committee accordingly requests the Government to provide information on the impact of the SCREAM programme on preventing the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Labour Code does not apply to: (a) an employer’s family members working without remuneration in his/her undertaking (section 3); (b) domestic servants, gardeners, cooks and the like; (c) agricultural workers excluding those who shall be covered by the Code, pursuant to a decision taken by the Council of Ministers. It also observes that pursuant to section 2 of the Labour Code, a worker is anyone who performs work, in return for remuneration, for an employer under his/her direction, including minors, trainees and persons on trial period. However the Committee observes that, according to the National Report on Child Labour of 1997, 6.1 per cent of working children are self-employed, 14.5 per cent work for the family, and 10.2 per cent work for no wages. Thus more than 30 per cent of working children fall outside the scope of application of the Labour Code. The Committee requests the Government to provide information on measures envisaged or taken to protect child workers, who are excluded from the scope of application of the Labour Code, from the worst forms of child labour.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the labour inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. However, according to the National Study on Child Labour drafted by the National Task Force for Children in 1997, the number of labour inspectors is insufficient. The country counted only 69 inspectors in 1997, which inspected, on an average day, five enterprises. They looked mainly at health, safety and related hazards. Following the launch of the National Plan of Action, the Ministry of Labour appointed inspectors to visit establishments and identify cases of child labour. These inspections provided useful information on the types of activities carried out by children, the age of child workers as well as working hours. The Committee notes however that, according to the Ministry of Labour’s report on the status of child labour, 88 per cent of child workers work in undertakings employing five workers or less. The report points out that it is very difficult to control these small undertakings which are often geographically scattered. Consequently, such enterprises are more likely to infringe the legal provisions protecting child workers. The Committee asks the Government to continue to provide information on the inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention, the measures taken or envisaged to increase the number of labour inspectors as well as the measures taken or envisaged to secure that labour legislation is applied in small undertakings. The Committee further requests the Government to provide information on the body responsible for monitoring the implementation of the penal law giving effect to the Convention, especially the Penal Code, the Law on narcotic drugs and psychotropic substances of 1988 and the Abolition of Slavery Law of 1929.

Article 8. International cooperation. The Committee notes the Government’s statement, in its report, regarding the absence of bilateral Conventions or collaboration between Jordan and other countries. The Committee observes that Jordan is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government signed, in 2000, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part V of the report form. The Committee notes that the Government supplied the Ministry of Labour’s report on the status of child labour in Jordan of 2001, which provides for detailed information and statistical data on child labour. It contains useful information on child workers’ activities, working hours, occupational hazards or abuses faced by them. Thus, the Committee observes that the majority of children aged 13 to 15 (41.8 per cent) work long hours, exceeding 49 hours per week. The Committee also observes that data highlight the major problems reported by child workers of less than 16 years of age. In industrial areas for instance, the major problems reported were occupational accidents, burns and injuries, beatings and verbal abuse. Another table shows occupational hazards reported by employers. It indicates that child workers are often victims of accidents from sharp machines and materials, and suffer burns from explosive gases and substances. The Committee would be grateful if the Government could continue to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and the number and nature of infringements reported, investigations, prosecutions, convictions and sanctions applied.