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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Agricultural work. The Committee previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It also noted information from the Ministry of Labour (MoL) that many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. However, the Committee noted the Government’s indication that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, and requested a copy of this regulation. It also requested information on measures taken to protect children working in agriculture from hazardous work.

The Committee notes the copy of the Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector, BE 2548 of 2005, submitted with the Government’s report, section 8 of which states that an employer is prohibited from employing a child under 15 years of age. Section 8 also states that children 13 years or older may perform work outside of school hours which is not likely to be harmful to their health, safety or development, with the consent of their parents. The Committee also notes the Government’s statement that guidelines for inspecting young workers in the agricultural sector were set by the Department of Labour Protection and Welfare, to be implemented by labour inspectors for non-industrial establishments. The Committee further notes the information in an ILO–IPEC Technical Progress Report for the project “Support for national action to combat child labour and its worst forms in Thailand” of 10 September 2010 (ILO–IPEC TPR 2010) that awareness training was conducted for employers, workers and government or community inspectors on occupational health and safety and the use of hazardous chemicals in the agricultural sector in 2010. In addition, the Committee notes that the action programme “Improvement of Quality of Life of Agricultural Communities and Reduction of Child Labour in the Agricultural Sector in Phob Phra and Mae Sod Districts, Tak Province” was implemented within the context of the “Support for national action to combat child labour and its worst forms in Thailand” project. The Committee requests the Government to pursue its efforts with regard to protecting children working in agriculture from hazardous work. It requests the Government to provide information on the effective and time-bound measures taken in this regard, particularly the number of children reached in the agricultural sector.

Article 4(2). Identification of hazardous work. The Committee previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee notes the Government’s statement that while recommendations to the MoL on the issues of Ministerial regulations, notifications or rules concerning the execution of the Labour Protection Act is one of the duties of the Occupational Safety, Health and Environment Committee, no proposals regarding the determination of types hazardous work have so far been proposed. However, the Committee notes the information in the ILO–IPEC TPR 2010 that the MoL has taken steps to review and update the hazardous work list, and that a subcommittee on the Review and Revision of the Hazardous Work List for Minors has been established. The ILO–IPEC TPR 2010 indicates that the ILO is providing technical support on this project, and that hazardous lists from other countries of the subregion were given to the MoL. The first meeting of the subcommittee was scheduled for September 2010. The Committee requests the Government to continue to provide information on the review and update of the list of hazardous work prohibited to persons under 18 years of age, and to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously requested the Government to provide information on the number of children under 18 who were found to be engaged in hazardous work in the course of labour inspections.

The Committee notes the Government’s statement that in the year 2007, according to the labour inspection report, no cases of children engaged in hazardous work were found through labour inspections. However, the Committee notes the information in the Government’s report submitted under Convention No. 138 on Minimum Age that between October 2002 and July 2009, 33 persons with licences to operate entertainment establishments were arrested and prosecuted for violating the ban on hiring persons under 18 in these establishments. Moreover, the Committee notes that, under the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” action programmes are ongoing to address the engagement of children in hazardous work, including “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut”, “Prevention of hazardous child labour through occupational health services in Udon Thani Province” and “Collaboration for the Prevention and Elimination of Hazardous Child Labour in Samut Sakhon Province”. The Committee accordingly observes that the engagement of children in hazardous work appears to be a problem in practice in the country. It expresses its concern at the failure of the labour inspectorate to detect cases of children involved in hazardous work, despite indications that such cases exist. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work. It requests the Government to provide information on the impact of measures taken in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee previously noted that the MoL, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA of 2004). The Committee also noted the establishment of the National Committee on the Worst Forms of Child Labour (National Committee on WFCL) in 2006, and it requested information on the measures implemented by this body.

The Committee notes the information in the Government’s report that the National Committee on WFCL considered that the contents of the NPA of 2004 could not be implemented in practice, and it decided to revoke this plan. Subsequently, the National Committee on WFCL appointed the “subcommittee for the Development of the National Plan to Eliminate the Worst Forms of Child Labour and its follow-up”, to develop a more concrete plan and policy that could be practically implemented. In this regard, the Committee notes that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was developed and approved by the National Committee on WFCL in September 2008, and endorsed by cabinet in January 2009. The Government further indicates that the Department of Labour Protection and Welfare has clarified the methods for the implementation, performance assessment and reporting of this National Plan (2009–14). The Committee also notes the information in the ILO–IPEC TPR 2010 that significant progress towards the implementation of the National Plan (2009–14) has been made, including the move towards the development of provincial action plans in line with this National Plan. The Committee requests the Government to provide information on the concrete measures taken under the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) and the impact of these measures towards the elimination and eradication of the worst forms of child labour. It also requests a copy of this National Plan.

2. ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand”. The Committee previously noted the launching of the ILO–IPEC project entitled “Support for national action to combat child labour and its worst forms in Thailand” in September 2006 in six provinces (Chiang Rai, Tak, Udon Thani, Samut Sakhon, Pattani and Songkhla). It requested information on the impact of this project.

The Committee notes the information in the ILO–IPEC TPR 2010 that the action programmes implemented within the framework of the “Support for national action to combat child labour and its worst forms in Thailand” project include: “Initiatives for Designing Child Labour Monitoring (CLM) System in Thailand and Provision for Direct Beneficiaries Monitoring and Reporting (DBMR) Technical Support”; “Prevention and Elimination of the Worst Forms of Child Labour in Chiang Rai Province”; “Prevention and elimination of child labour in hazardous work through occupational safety and health services in Songkhla and Pattani Southern border provinces”; and “Protection of Labour Rights in Deep Sea Fishing”. The ILO–IPEC TPR 2010 indicates that the “Support for national action to combat child labour and its worst forms in Thailand” project reached child labourers and children at risk in remote areas through cooperation with local partners. The Committee notes with interest that, according to the ILO–IPEC TPR 2010, in total 7,226 children have been prevented and withdrawn from the worst forms of child labour through the provision of educational services or training opportunities, and that 560 children have been prevented or withdrawn through the provision of other non-educational services within the framework of this project. The Committee also notes the information in the ILO–IPEC TPR 2010 that a new action programme on “Combating Child Labour in the Shrimp and Seafood Processing Industry in Thailand” is under development. The ILO–IPEC TPR 2010 indicates that the “Support for national action to combat child labour and its worst forms in Thailand” project will be completed in March 2011.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Children from ethnic minorities. The Committee previously noted that, according to an ILO–IPEC report of December 2004 on the TICW Project, ethnic communities in the north of Thailand are particularly vulnerable to trafficking and labour exploitation.

The Committee notes the information in the Government’s report that, within the context of the TICW II Project, community development efforts were made in hill tribe communities (tribal peoples in northern Thailand). The Government indicates that a Thai NGO “Mirror Art Group” provides livelihood training to persons in hill tribe communities, as well as the promotion of ecotourism to the area, for the development of economic alternatives to migration. The initiative also involved training 23 youth in five hill tribe communities to be community watchdog volunteers. The Committee also notes the information in the TICW II TPR that a Hill Tribe Concert on trafficking was held in northern Thailand, and that in addition to the 5,000 people who attended the event, it was broadcast on radio and TV across Thailand.

2. Migrant workers. The Committee previously noted that the document “The Mekong challenge – underpaid, overworked and overlooked: The situation of young migrant workers in Thailand” underlined several human rights violations affecting young migrant workers, such as forced labour and hazardous work. However, the Committee noted that the ILO–IPEC project entitled “Support for national action to combat child labour and its worst forms in Thailand” targeted migrant children found in these worst forms. It requested information on the impact of the project.

The Committee notes the information in the Government’s report that, within the context of the TICW II Project, a guidebook entitled “Travel Smart, Work Smart” was published in six languages, to help prepare youths (between the ages of 15 and 24) for migration. The Committee also notes the information in the ILO–IPEC TPR 2010 that several action programmes have been implemented within the “Support for national action to combat child labour and its worst forms in Thailand” project to aid migrant children: “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut Sakhon”; “Promoting advocacy work on migrant children in Thailand and the Mekong subregion for the Thai Coordination Committee on Migrant Children (Thai-Cord)”; and “Tackling and Preventing Child Labour through Educational Provision for Stateless, Migrant Children and Children of Migrant Workers in Tak Province”. The ILO–IPEC TPR 2010 indicates that through these initiatives, cross-border linkages to address migration aspects of child labour were strengthened through the Thai-Cord and the Mekong Network for the Protection of Cross-Border Children. The ILO–IPEC TPR 2010 also indicates that several positive outcomes have been achieved with regard to access to education for migrant children. In Samut Sakhon (which has a dense migrant population), migrant children were supported in overcoming barriers to access formal Thai schools. Additionally, some Thai teachers were offered language instruction in Burmese to facilitate communication with migrant families. The Committee further notes the information in the Technical Progress Report for the Action Programme entitled “Tackling and Preventing Child Labour through Educational Provision for Stateless, Migrant Children and Children of Migrant Workers in Tak Province” of April 2010, that direct assistance was provided to 8 schools and 13 learning centres, and that 50 children targeted were withdrawn from child labour.

Article 8. International cooperation and assistance. Poverty alleviation. The Committee previously noted the Government’s indication that a mobile unit “Poverty Eradication Caravan” had been set up by the MoL to give advisory services to the poor in order to eradicate poverty and combat the worst forms of child labour. The Committee notes the Government’s statement that the introduction of microfinance credits and the Poverty Eradication Caravan have had an impact on the Government’s efforts to remove children from trafficking and commercial sexual exploitation. It also indicates that the MoL has provided poverty reduction assistance through skills training and development. The Government indicates that in 2008, 390,294 persons were provided with vocational development assistance, and 47,038 persons were provided with skills development training.