Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 5 of the Convention. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that the labour inspectorate monitors the implementation of the national labour legislation related to the worst forms of child labour. It 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 difficult to monitor as they are often geographically scattered.

The Committee notes the information in the Government’s report that the number of inspection visits have been increased through field visits made by inspectors to verify compliance with the Labour Code by private sector undertakings, particularly with respect to child labour. The Committee also notes the Government’s indication that the Ministry of Labour signed a Memorandum of Understanding with UNICEF in May 2009 for the provision of technical assistance to the child labour unit, including capacity-building programmes and the provision of resources. The Committee further notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the child labour unit was provided with two more labour inspectors, specializing in occupational safety and health and legal issues. Noting an absence of information on the number of inspections carried out with regard to enterprises employing five employees or less, the Committee once again requests the Government to provide this information in its next report. The Committee also requests the Government to provide information on the number and nature of violations detected in the course of labour inspections related to persons under 18 engaged in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the adoption of a Time-Bound National Policy and Programme Framework (TBNPPF), which included a comprehensive set of policies, objectives, indicators, outputs, target groups and activities to help eradicate the worst forms of child labour in Jordan. The Committee also noted the adoption of several national strategies and plans related to children’s rights, including the Jordanian National Plan of Action for Children for the years 2004–13. It requested information on the concrete measures taken within the framework of these strategies to address the worst forms of child labour.

The Committee notes the information in a report on the worst forms of child labour in Jordan of 10 September 2009 (available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org)) (WFCL Report) which indicates that one of the aims of the Jordanian National Plan of Action for Children for the years 2004–13 is the elimination of the worst forms of child labour in Jordan by 2014. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the Jordanian National Plan of Action for Children for the years 2004–13 related to the eradication of the worst forms of child labour. The Committee also requests the Government to provide information on the implementation and impact of the TBNPPF, in its next report.

Article 7(1). Penalties. In its previous comments, the Committee noted that the fines imposed on employers who violated the provisions of the Labour Code were low. The Committee also noted that labour inspectors appeared 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 in the country. The Committee further noted that, according to the December 2006 ILO–IPEC study entitled “Rapid assessment on the worst forms of child labour in Jordan” (Rapid Assessment Study), 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.

The Committee notes the Government’s statement that pursuant to Act No. 48 of 2008, the minimum penalty for violations related to engaging children in hazardous and exhausting work was increased. Section 7 of Act No. 48 of 2008 amends section 77 of the Labour Code to raise the minimum fine for violations of its provisions from 100 dinars (approximately US$140) to 300 dinars (approximately US$422). The Committee also notes the information in the Government’s report on the number of violations detected related to children, though observes that these figures do not indicate the number of these violations related to the worst forms of child labour, such as hazardous work. Furthermore, the Government indicates that, out of the 1,459 violations detected related to the employment of minors, only 81 resulted in penalties pursuant to section 77 of the Labour Code. In this regard, the Committee notes the statement in the WFCL Report that, inspectors often handle child labour cases informally rather than issuing citations and fines. Recalling that pursuant to Article 7(1) of the Convention ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of appropriate sanctions, the Committee urges the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties are applied in practice to persons who engage children in the worst forms of child labour. In this regard, the Committee requests the Government to continue providing information on the practical application of penalties related to the worst forms of child labour, including the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Article 7(2). Clause (a). Effective and time-bound measures. Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaigns. The Committee previously noted that many awareness-raising activities related to child labour were ongoing, and it requested information on the impact of these activities.

The Committee notes the Government’s indication that the Ministry of Labour has engaged in awareness-raising initiatives through mass media campaigns for employees and employers on child labour issues, as well as convening workshops on the subject. The Committee also notes the information in the Government’s report that the Ministry of Labour and the Jordanian Hashemite Fund established a Social Support Centre, which has carried out awareness-raising campaigns on the importance of education in schools with high drop-outs rates, as well as initiatives targeting the families of working children. The Government further indicates that labour inspectors have distributed brochures and posters to contribute to awareness raising and that cooperation with UNICEF aims to strengthen the child labour unit’s capacity to engage in awareness-raising activities.

2. Access to free basic education. The Committee previously noted that, according to the Rapid Assessment Study, the average age of working children is 15 years, indicating that most of the working children spend a few years in school before dropping out. The Committee also noted the concern expressed by 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 and regarding the drop-out rates at the secondary level, in addition to the lack of schooling facilities, the overcrowding of classrooms, the under-qualification of teachers and inadequate teaching methods. However, the Committee noted several ongoing programmes to improve access to, and the quality of, basic education, including one such initiative implemented by the
non-governmental organization Cooperative Housing Foundation (CHF) International.

The Committee notes the information in the Government’s report that the Ministry of Labour signed a Memorandum of Understanding with CHF International in May 2009, which includes a project aiming to prevent 4,000 children from dropping out of school and entering the labour market, in addition to rehabilitating 4,000 working children through formal and informal education. The Committee also notes the Government’s indication that the Social Support Centre implements an educational programme for drop-outs, in collaboration with the Ministry of Education. The WFCL Report indicates that this Centre provided non-formal education to working children between the ages of 13 and 15 years. The Committee further notes the information in the Government’s report submitted under Convention No. 138 that 16 liaison officers (within the labour inspectorate) were certified, for the purpose of carrying out activities related to the rehabilitation of children who had dropped out of school to enter the labour market.

Nonetheless, the Committee notes the information in a study entitled “Working Children in the Hashemite Kingdom of Jordan”, issued by the Jordanian Department of Statistics in collaboration with ILO–IPEC in March 2009, that children in employment start school later and drop out earlier than non-working children. The Committee also notes the information in the 2010 UNESCO report entitled “Global Monitoring Report – Education for All” that there were approximately 60,000 out-of-school children of primary school age
(6–11 years) in 2007, an increase of 20,000 children since 1999. Considering that access to free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system and to facilitate access to education, including non-formal education. It once again requests the Government to provide information on the impact of the measures taken, particularly with respect to increasing school enrolment rates, decreasing school drop-out rates, and reducing the overall number of out‑of‑school children.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted that 13.4 per cent of the children interviewed for the Rapid Assessment Study were street vendors, most of whom are boys. These children faced various risks, including car accidents, inhalation of exhaust fumes, fatigue and verbal and physical abuse from adults and street gangs. It also indicated that there was an increase in the number of children scavenging on the streets and in garbage dumps. The Committee further noted that the CRC expressed concern regarding the lack of a systematic and comprehensive strategy to address the situation of street children, in addition to insufficient information and statistics about this group.

The Committee notes the information in the Government’s report regarding various initiatives aimed at working children, but notes an absence of information on whether any of these initiatives target street children. Nonetheless, the Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Jordan of 10 and 12 November 2008, entitled “Internationally recognized core labour standards in Jordan”, that there is a growing problem of street children in the country (page 9). The Committee further notes the information in a report on the trafficking in persons in Jordan of 14 June 2010 (available on the website of the Office of the High Commissioner for Refugees) (Trafficking Report) that some children employed within the country as street vendors may be exploited in situations of forced labour. In this regard, the Committee once again recalls that street children are particularly vulnerable to the worst forms of child labour, and accordingly urges the Government to take effective and time-bound measures to ensure that they are protected from these worst forms. It also requests the Government to provide information on the impact of such measures, particularly with respect to the rehabilitation and social integration of street children.

Article 8. International cooperation and assistance. Poverty reduction. The Committee previously noted that the Rapid Assessment Study indicated that the difficult economic and social conditions in Jordan, coupled with population growth and scarce natural resources, were the primary factors behind the continued employment of children in various sectors. The Rapid Assessment Study indicated that most working children come from households with an average monthly income of 100 dinars or less. However, the Committee noted that the Government had adopted strategies 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.

The Committee notes the information in the Government’s report that the Social Support Centre refers children to the National Assistance Fund, facilitated through a Memorandum of Understanding signed between the Social Support Centre and the Ministry of Social Development. The Committee also notes the UNICEF information that the Jordanian National Action Plan for Children for the years 2004–13 aims to eradicate extreme poverty for children. Nonetheless, the Committee notes the indication in the 2009 study entitled “Working Children in the Hashemite Kingdom of Jordan” that children from poor families are more likely to be working, more likely to be engaged in prohibited child labour, and more likely to drop out of school (page 5). This study indicates that the prevalence of child labour is the highest among the poorest households (page 42). Therefore, observing 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 once again requests the Government to provide information on any notable impact of the National Assistance Fund and the Jordanian National Action Plan for Children for the years 2004–13 towards the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC expressed its regret regarding the lack of data on the extent and magnitude of the trafficking and commercial sexual exploitation of children in Jordan. The Committee urged the Government to take measures to ensure that this data was available.

The Committee notes the information in the Government’s report that, through the National Council for Family Affairs, collaboration is ongoing in the preparation for studies on child labour, including a study entitled “The physical, psychological and social consequences of working on children”. The Committee also notes that a database was established at the Social Support Centre, and that field surveys were carried out in collaboration with the labour inspectorate. The Government indicates that these field surveys did not uncover any cases of child trafficking or child commercial sexual exploitation.

The Committee notes the information in the Government’s report that between October 2009 and August 2010, 72 foreign working children were identified: 29 Egyptian children, 42 Syrian children and one Yemeni child. The Government does not indicate how these children arrived in Jordan, but does state that 68 of these children were deported. In this regard, the Committee notes the statement in the Trafficking Report that the Government did not use systematic procedures to proactively identify victims of trafficking, and that the Government needed to strengthen its efforts in this respect. The Committee requests the Government to indicate if measures were taken to identify potential victims of trafficking among foreign working children and, if so, whether repatriation and rehabilitative services were offered to potential child victims identified. The Committee also requests the Government to take the necessary measures to ensure that sufficient data on the prevalence of the worst forms of child labour is available, including through the database established at the Social Support Centre. Lastly, the Committee requests the Government to provide a copy of the study entitled “The physical, psychological and social consequences of working on children”, once completed.