Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 138) sur l'âge minimum, 1973 - République démocratique populaire lao (Ratification: 2005)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the establishment of the Office of Child Labour Protection and Trafficking in Person Prevention in 2006. It also noted that, from 2000–04, the Department of Labour (within the Ministry of Labour and Social Welfare), conducted a National Programme for the Prevention and Elimination of Child Labour in collaboration with ILO–IPEC.

The Committee notes the Government’s statement that awareness-raising measures on child labour have been implemented. In this regard, the Committee notes the information from ILO–IPEC that the Department of Labour held an event in June 2011 for the World Day Against Child Labour. Over 350 people attended this event, including government officials, workers’ and employers’ representatives, non-governmental organizations (NGOs) and UN personnel, representatives of local administration and 250 children. The Committee also notes the Government’s indication that child labour issues were discussed by the central government and authorities at the provincial level, and a meeting was organized between stakeholders and law enforcement authorities. In addition, the Committee notes the information from the ILO Subregional Office in Bangkok that ILO–IPEC recommenced operating in the country in mid-2010, and that there is a new Memorandum of Understanding between the Government and the ILO to undertake work in the area of child labour. The Committee requests the Government to continue to provide information on measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with the ILO, as well as the impact achieved.

Article 2(1). Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application, and that therefore, the minimum age contained in the Labour Law did not apply to children performing work outside of a formal labour relationship. In this regard, the Committee reminded the Government that the Convention applies to all branches of economic activity not expressly excluded under Article 5 of the Convention, and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not.

The Committee notes the Government’s statement that labour inspections are conducted in the informal economy. However, the Government indicates that the labour inspectorate is not proactive in the informal economy, but that it will consider strengthening the capacity of labour inspection services in order to deal with this issue. The Committee also notes the Government’s statement that it is currently considering comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law, which it aims to complete by 2012. The Government states that this law will address issues that are not dealt with by the current Labour Law. The Government further indicates that a tripartite committee has been set up to work on this draft law. The Committee encourages the Government to consider, in the context of reforms to the Labour Law and the development of the Labour Protection Law, the Committee’s comments concerning the application of the Convention to forms of work performed outside the framework of a formal employment relationship. It requests the Government to provide information on developments in this regard. The Committee also requests the Government to pursue its efforts to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal sector.

Article 2(1) and (4). Minimum age for admission to employment or work. The Committee previously noted that at the time of ratification of the Convention, the Government specified 14 years as the applicable minimum age for admission to work or employment. It requested the Government to indicate whether consultations with employers’ and workers’ organizations were held in this regard, in accordance with Article 2(4) of the Convention. The Committee notes the Government’s indication that a tripartite meeting was held in the determination of the minimum age of 14 years of age.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that article 22 of the Constitution states that the Government shall implement compulsory primary education. Moreover, section 5 of the Protection of the Rights and Interests of Children Act outlines that children have a duty to complete at least primary school. However, the Committee also noted the information in the Education for All National Plan of Action 2003–15, released by the Ministry of Education in 2005, that compulsory schooling only lasts from the age of 6 to 11 years. The Committee observed that while the requirement of Article 2(3) of the Convention was fulfilled (as the specified minimum age for employment (14 years) is not less than the earliest age of completion of primary education (11 years)), it emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of inactivity. The Committee therefore indicated that it was desirable to ensure that compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146.

The Committee notes the Government’s statement that the Ministry of Education has a special policy to promote access to education for children from poor families, including not only primary compulsory education, but also upper secondary school. In this regard, the Committee notes the Government’s indication that low enrolment and completion rates in primary education are concentrated among children in rural, remote and specific ethnic group areas, and particularly among children from low income families. However, the Committee notes an absence of information in the Government’s report concerning any measures taken or envisaged to raise the age of completion of compulsory education. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 8 April 2011, expressed concern at the disparity between the legal minimum age for employment and the age of completion of compulsory education (11 or 12 years) as this disparity could create a situation whereby children who do not wish to continue their schooling after completing their compulsory education start working illegally before attaining the minimum age for employment (CRC/C/LAO/CO/2, paragraph 63). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to indicate the measures taken or envisaged to ensure compulsory education up to 14 years, in line with the minimum age for admission to work. It requests the Government to provide information on any measures taken in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted a list of types of hazardous work prohibited to persons under 18, contained in section 41 of the Labour Law. It requested the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned. The Committee notes the Government’s indication that in determining the types of hazardous work prohibited to persons under 18 years of age, a tripartite meeting was held.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government, at the time of ratification, made a declaration pursuant to Article 5 of the Convention limiting the application of the Convention to the following areas: mining industries, manufacturing industries, construction and public works, electricity, gas and water, medical and hygiene services, transport, storage service and communication, and farms and other agricultural establishments that are developed mainly for commercial purposes. The Committee requested the Government to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application.

The Committee notes the Government’s statement that it will consider making another declaration to lift this limitation. In this regard, the Committee notes the Government’s statement in its report to the CRC of 10 August 2010 that, with regard to preventing child labour, the problem relates to work performed within family. The Government indicates in this report that nearly 85 per cent of the population work on the land, and, within that environment, children take part in the family’s daily work. The Government states in this report this involvement may have a negative impact on their schooling (CRC/C/LAO/2, paragraph 152). In this regard, the Committee encourages the Government to pursue its efforts towards a wider application of the provisions of the Convention, in conformity with Article 5(4)(a) of the Convention. It requests the Government to continue to provide information on progress made to this end.

Article 6. Vocational training and apprenticeship. The Committee previously observed a lack of information from the Government on the minimum age for admission to apprenticeships. The Committee notes that, in this regard, the Government’s report refers to section 16 of the Decree on Technical and Vocational Education and Training and Skills Development. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, the Committee requests the Government to provide a copy of the Decree on Technical and Vocational Education and Training and Skills Development with its next report.

Article 7. Light work. The Committee previously observed that, according to information from UNICEF, approximately 25 per cent of children between the ages of 5 and 14 were engaged in child labour during the 1999–2007 period. However, the Committee observed that the national legislation did not contain provisions for the performance of light work for children under the minimum age of 14 years.

The Committee notes the Government’s indication that the issue of light work may be considered during the comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention, which provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee encourages the Government to consider, within the framework of the ongoing labour law reforms, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention.

Article 9(3). Keeping of registers. The Committee previously requested information on the measures taken to ensure conformity with Article 9(3) of the Convention. The Committee notes the Government’s statement that, at the moment, the Labour Law does not require employers to keep registers and documents of persons employed or working for him/her. However, the Government indicates that, in revising the Labour Law, it will take this matter into consideration. The Committee requests the Government to take the necessary measures, within the framework of revisions to the Labour Law, to ensure that employers maintain and make available registers (or other documents) containing the name and ages of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that SIMPOC was conducting a national child labour survey. The Committee notes the statement in the Government’s report that the SIMPOC survey has been completed, and the data is current being analysed. The Government indicates that the report will be finished by the end of 2011. The Committee requests the Government to provide a copy of the SIMPOC survey report, once finalized.

The Committee encourages the Government to take into consideration, during its review of the Labour Law, the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites it to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.