Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted 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 had also observed that this Law would be amended or that a new legislation would be promulgated to prevent trafficking in children in a manner more consistent with the new developments and changes that have taken place in Jordanian society. The Committee observes that no such amendments have been adopted. Moreover, the Committee notes that, in its 29 September 2006 concluding observations, the Committee on the Rights of the Child indicates that there is no specific legal framework to protect children from trafficking (CRC/C/JOR/CO/3, paragraph 92). Consequently, the Committee requests the Government to take immediate measures to prohibit the sale and trafficking of children for both labour exploitation and commercial sexual exploitation, and to adopt appropriate sanctions as a matter of urgency.

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee had noted that the Penal Code prohibits certain acts associated with the prostitution of women but does not do so in respect of boys under the age of 18. It notes that, in its 29 September 2006 concluding observations, the Committee on the Rights of the Child recommends the revision and amendment of the provisions of the Penal Code to provide protection to both boys and girls under the age of 18 against commercial sexual exploitation (CRC/C/JOR/CO/3, paragraph 93(b)). The Committee observes that the Penal Code does not appear to have been amended to give full effect to the requirements of Article 3, clause (b), of the Convention. The Committee draws the Government’s attention to the requirements in Article 1 that measures to prohibit this worst form of child labour must be taken as a “matter of urgency”. The Committee once again requests the Government to take immediate measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age for prostitution is prohibited, as a matter of urgency.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that 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 had also observed that section 298 of the Penal Code punishes with imprisonment anyone who sexually assaults a child under 15 years of age or induces a child to engage in an indecent act. The Committee observes that these provisions do not appear to cover the use, procuring or offering of a child for the production of pornography or for pornographic performances, all of which constitute one of the worst forms of child labour by virtue of Article 3, clause (b), of the Convention. The Committee requests the Government to indicate the specific provisions of the Penal Code which prohibit the use, procuring or offering of a child for pornography. If these provisions do not exist, the Committee requests the Government to take immediate measures to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited, as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 8(b)(iii) of the Law on narcotic drugs and psychotropic substances of 1988 (Law on drugs) provides for the death penalty for anyone who uses a minor for the production, transportation, sale or purchase of drugs. It takes due note of the Government’s information that a minor is defined as “any person, male or female, who is over 7 years of age but is not over 18 years of age” under the Minor’s Law No. 24 of 1968, which applies to the Law on drugs.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee had noted that the Labour Code does not apply to certain categories of workers including those in family-owned undertakings, domestic workers and agricultural workers. The Committee notes from the Government’s report that draft amendments to the Labour Code have been referred to the Council of Ministers, after consultation with the social partners. These draft amendments provide that workers in the domestic and agricultural sectors are to be governed by the provisions of the Labour Code. The Committee trusts that the amendments to the Labour Code will ensure that children under 18 working in the informal sector, for example in small family enterprises as well as in the domestic and agricultural sectors, 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. Furthermore, the Committee requests the Government to take measures to ensure that self-employed workers under 18 years of age are also protected from these types of hazardous work.

Article 5. Monitoring mechanisms. 1. Child Labour Unit. The Committee had previously noted that the Child Labour Unit, established in 2001 within the Ministry of Labour, was monitoring the size, types and causes of child labour through a survey formulated to measure the social, economic and health dimensions of the phenomenon. The Committee notes the Government’s information that the Child Labour Unit aims to establish a database on child labour and its worst forms and monitor all matters related to this issue, in cooperation with labour inspectors.

2. Labour inspectorate. The Committee had previously noted that the labour inspectorate monitors the implementation of the national labour legislation related to the worst forms of child labour. It had noted that according to the National Study on Child Labour drafted by the National Task Force for Children in 1997, the number of labour inspectors was insufficient. Furthermore, it had noted that, according to the Ministry of Labour’s report on the status of child labour, 88 per cent of child workers worked in undertakings employing five workers or less, which are very difficult to control because they are often geographically scattered. The Committee notes the Government’s information that labour inspectors inspect all institutions governed by the Labour Code and, in particular, small enterprises. The Government also indicates that there are 102 labour inspectors and that 65 additional inspectors have been recruited and will be appropriately trained. The Committee also notes that, in the context of the ILO/IPEC National Programme to Eliminate Child Labour in Jordan (NPEC), a comprehensive child labour monitoring system was established, which includes: (a) training a selected group of labour inspectors; (b) training a group of occupational health and safety specialists; (c) training a core group of teachers and counsellors to monitor the school drop-out rates; and (d) training a selected group of representatives of different trade unions and employers to address child labour cases in workplaces. The Committee requests the Government to provide information on the inspections carried out, including in enterprises employing five workers or less, and on the number and nature of violations detected with regard to children under 18 employed in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to the March 2007 ILO/IPEC Technical Progress Report on the NPEC project, a National Policy and Programme Framework was elaborated and forms the basis for a national policy document on child labour. The Committee notes with interest that, as a result, a Time-bound National Policy and Programme Framework (TBNPPF) was adopted which includes a comprehensive set of policies, objectives, indicators, outputs, target groups, activities and responsibilities for all relevant stakeholders, which will help eradicate the worst forms of child labour in Jordan. The Committee also notes that Jordan has adopted several other national strategies and plans related to children’s rights, including the Jordanian National Plan of Action for Children for the years 2004–13, the 2000 Early Childhood Development Strategy and its 2003–07 subsequent Plan of Action, and the National Youth Strategy for Jordan for the years 2005–09. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the TBNPPF to eliminate the worst forms of child labour, and the results achieved. It also requests the Government to provide information on the implementation of these strategies and plans on the eradication of the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had noted the various penalties provided for in the Labour and Penal Codes and had noted that the fines imposed on employers violating the provisions of the Labour Code were low. The Committee had also noted that labour inspectors seemed to 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 notes that, according to the December 2006 ILO/IPEC study entitled “Rapid assessment on the worst forms of child labour in Jordan: Survey analysis” (rapid assessment survey), official records suggest that there is a very weak enforcement of the provisions of the Labour Code which deal with the illegal employment of children. It notes from the Government’s report that there are currently proposed legislative amendments that include more severe penalties in respect of minors. The Government also indicates that programmes are being implemented to train labour inspectors with regard to their activities relating to child labour and its worst forms to better enforce the relevant national legislation. However, the Committee notes that there does not seem to be any measures envisaged to modify the penalties provided for in the Labour and Penal Codes. The Committee therefore requests the Government to take measures to ensure that penalties with regard to the worst forms of child labour are sufficiently effective and dissuasive. It requests the Government to continue providing information on the application of the penalties in practice, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaigns. The Committee had previously noted that the Child Labour Unit within the Ministry of Labour participated in an ILO/IPEC educational programme named Supporting Children’s Rights through Education (SCREAM). It had noted that the programme’s objective was to increase awareness of the phenomenon of child labour, including its worst forms. The Committee notes that, according to the March 2007 Technical Progress Report on the ILO/IPEC NPEC project, the wide-scale awareness-raising activities conducted through, notably, the SCREAM programme aided and supported policy development related to the worst forms of child labour. Furthermore, it is indicated in the Technical Progress Report (page 6) that many other awareness-raising activities are ongoing in collaboration with diverse professional groups and non-governmental organizations, such as the Jordanian Hashemite Fund for Human Development (JOHUD), as well as with the Ministry of Education. The Committee requests the Government to provide information on the concrete impact these awareness-raising campaigns have had on preventing the engagement of children in the worst forms of child labour.

2. Education. The Committee notes that, according to the rapid assessment survey of December 2006 conducted by the Centre for Strategic Studies of the University of Jordan in collaboration with ILO/IPEC, the average age of working children is 15 years, indicating that most of the working children spend few years in schools before dropping out. The rapid assessment survey also indicates that 14.9 per cent of the sampled children spend less than five years at school, suggesting that they have probably joined the labour market. Furthermore, the Committee notes the concern of the Committee on the Rights of the Child (CRC), in its concluding observations of 29 September 2006, about children at risk of leaving school before completing their primary education, despite Jordan’s efforts to prevent children from dropping out of basic education (CRC/C/JOR/CO/3, paragraph 73). The CRC also expressed its concern about the drop-out rates at the secondary level, as well as about the lack of schooling facilities and equipment, the overcrowding of classrooms, the under-qualification of teachers and the inadequate teaching methods. However, the Committee notes that, in the context of the ILO/IPEC NPEC project, many programmes have been implemented in Jordan with a view to improving the access to and the quality of basic education to prevent child labour. Such programmes include the “Alternatives to combating child labour through education and continued services in the Middle East and North Africa – ACCESS-MENA” programme, implemented in Jordan by the non‑governmental organization CHF International, and the “Education Drop-Out Programme” adopted by the Ministry of Education. Considering that education contributes to preventing the employment of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of these programmes on improving the quality of free basic education and, in particular, on reducing school drop-out rates.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes with interest that, according to the March 2007 Technical Progress Report of the ILO/IPEC NPEC project, 289 children were prevented from entering child labour and its worst forms since the implementation of the project, and 595 were withdrawn from the same, through the provision of educational services or training opportunities. It further notes that 1,052 children were withdrawn from child labour and its worst forms through the provision of other non-educational related services.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that 13.4 per cent of the 387 children interviewed in the rapid assessment survey of December 2006 are streets vendors, most of whom are boys. The survey indicates that the risks faced by street children in Jordan are varied and often serious, including car accidents, breathing in of exhaust fumes, fatigue and verbal and physical abuse from adults and street gangs. Furthermore, more children have recently been found scavenging on the streets and in garbage dumps, exposing them to dangerous items such as broken glass, rusty nails, metal scraps and syringes. The Committee also notes that, in its concluding observations of 29 September 2006, the Committee on the Rights of the Child expressed its concern that due to the insufficient information and statistics about street children, the number of children working in the streets can only be estimated (CRC/C/JOR/CO/3, paragraph 90). More importantly, the Committee on the Rights of the Child is also concerned about the lack of a systematic and comprehensive strategy to address the situation. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to take time-bound and effective measures to ensure that they are protected from the worst forms of child labour. It also requests the Government to provide information on the impact of such measures on bringing an end to this phenomenon, particularly with regard to the rehabilitation and social integration of street children.

Article 8. International cooperation and assistance. Poverty eradication. The Committee notes that the rapid assessment survey indicates that the difficult economic and social conditions in Jordan, coupled with population growth and scarce natural resources, are arguably the primary factors behind the continued employment of children in various sectors. According to the survey, most working children come from households with an average monthly income of 100 dinars or less. The Committee takes note, however, that Jordan has adopted strategies and plans aimed at giving priority to children in development programmes and fighting against poverty, including the Strategic Plan of the Ministry of Social Development and the National Assistance Fund for the period of 2004–06 and the 2002 National Anti-Poverty Strategy: Fighting Poverty for a Stronger Jordan. Noting that poverty reduction programmes contribute 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 these programmes towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Committee on the Rights of the Child expressed its regret on the lack of data on the extent and magnitude of commercial sexual exploitation of children and trafficking in children for exploitative purposes in Jordan. The Committee urges the Government to take measures to ensure that sufficient data on the commercial sexual exploitation of children and child trafficking is available. The Committee also requests the Government to continue supplying information on the nature, extent and trends of the worst forms of child labour and the number of children covered by the measures giving effect to the Convention.