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

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Cambodge (Ratification: 2006)

Autre commentaire sur C182

Observation

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Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic labour. The Committee previously noted that section 15 of the Labour Code of 1997 (Labour Code) states that forced or compulsory labour is forbidden, including for domestics or household servants. It also noted that section 177(2) of the Labour Code prohibits children under 18 years from any kind of employment or work which, by its nature, could be hazardous to their health, safety or morality. Yet, the Committee noted that children are employed as domestic servants, and that most child domestics are girls aged 14–17 years, although it is not uncommon to find workers as young as 6 or 7 years. The child domestic workers typically work 12–16 hours a day, seven days a week.

The Committee notes that, according to the Child Domestic Worker Survey conducted in Phnom Penh in 2003 with ILO–IPEC collaboration, an estimated 27,950 children aged 7–17 years (9.6 per cent) in Phnom Penh work as domestic employees. According to this survey, many of these child domestic workers suffer hardship and abuse in the workplace. Furthermore, in its concluding observations of 20 June 2011, the Committee on the Rights of the Child still expresses serious concern that thousands of children work as domestics, mainly in the capital Phnom Penh, in slavery-like conditions (CRC/C/KHM/CO/2, paragraph 67).

The Committee expresses its serious concern at the exploitation of young persons under 18 years of age employed in domestic work under conditions similar to slavery or under hazardous conditions. It reminds the Government that, under Article 3(a) and (d) of the Convention, work done by young persons under 18 years of age under conditions similar to slavery or under hazardous conditions constitutes one of the worst forms of child labour and, under the terms of Article 1, should be eliminated as a matter of urgency. The Committee requests the Government to take immediate and effective steps to ensure that thorough investigations and robust prosecutions of persons who subject children under 18 years of age to forced or hazardous domestic labour are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the number of investigations, prosecutions, convictions, and penal sanctions applied.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that Cambodian national legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requested the Government to indicate whether there are legislative provisions that prohibit this worst form of child labour.

The Committee notes the Government’s statement that the Ministry of Social Works, Veterans and Youth Rehabilitation has drafted the Law on Juvenile Justice and that this draft law has been submitted to the Council of Ministers. The Committee expresses the firm hope that this draft law provides for the prohibition of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It requests the Government to take the necessary measures to ensure that the draft Law on Juvenile Justice is adopted as a matter of urgency, and to communicate a copy of it as soon as it is adopted.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that the Labour Code appears to only apply to those with an employment relationship. In this regard, it noted that the Labour Code does not cover many areas of informal sector work such as family businesses and farms, begging, scavenging, hauling and day labour, where the most serious child labour problems exist. The Committee brought the Government’s attention to the fact that the Convention applies not only to work under an employment contract, but to all types of work or employment. It requested the Government to take the necessary measures to ensure that self-employed workers under 18 years of age are protected from hazardous work. Noting that the Government refers to the draft Law on Juvenile Justice, the Committee requests the Government to indicate whether this draft law provides for the protection of self-employed children from hazardous work, and to communicate a copy of it as soon as it is adopted.

Article 5. Monitoring mechanisms. The police. The Committee previously noted that local police are responsible for enforcing laws against child trafficking and prostitution. It had noted that, although the Government has increased arrests and prosecutions of traffickers, anti-trafficking efforts continue to be hampered by reported corruption and a weak judicial system.

The Committee notes the Government’s information that an inter-ministerial mechanism to combat the trafficking of women and children, led by the Deputy Prime Minister and Minister of the Interior, is in charge of trafficking issues. In this regard, the Committee notes that, according to a report on findings on the worst forms of child labour in Cambodia of 2009, available on the website of the High Commissioner for Refugees (WFCL report of 2009), the Prime Minister signed a sub-decree forming a single policy-making entity called the National Committee on Suppression of Human Trafficking, Smuggling, and Labour and Sexual Exploitation. This National Committee includes representatives from all 18 ministries and is chaired by the Ministries of Women’s Affairs, Social Affairs, Justice, and Labour and Vocational Training. Furthermore, the WFCL report of 2009 indicates that laws against trafficking, child sexual exploitation, and illicit activities are enforced by the Ministry of the Interior and 24 municipal and provincial anti-human trafficking and juvenile protection offices. Moreover, the Government partnered with NGOs to train over 4,000 police, social workers, court officials, and other employees on human trafficking. The WFCL report of 2009 also indicates that there are approximately 200 anti-human trafficking police officers at the national level and about 312 officers at the municipal and provincial levels. Cambodian police investigated 72 human trafficking cases from April through December 2009, arresting 112 perpetrators, and rescuing 473 victims, 105 of which were children.

The Committee notes, however, the particular concern expressed by the Committee on Economic, Social and Cultural Rights (CESCR) in its concluding observations of 12 June 2009, about the low number of prosecutions and convictions of traffickers, a concern that is shared by the Committee on the Rights of the Child (CRC) in its concluding observations of 20 June 2011 (CRC/C/KHM/CO/2, paragraph 73). While duly noting the measures taken by the Government, the Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, particularly by strengthening the capacity of the authorities responsible for the enforcement of the law. It requests the Government to provide information on the progress made in this regard, as well as on the number of investigations, prosecutions, convictions and penal sanctions applied.

Clause (d). Children at special risk. Child domestic workers. Following its previous comments, the Committee notes that one of the sectors of targeted interventions of the Time-bound Programme (TBP) is child domestic workers in Phnom Penh. Moreover, one of the prioritized sectors of intervention of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL) is also that of children in domestic labour. The Committee encourages the Government to redouble its efforts in order to protect child domestic workers from hazardous work. It once again requests the Government to provide information on the number of child domestic workers who were prevented from performing hazardous work, or withdrawn from hazardous work and rehabilitated and socially integrated, as a result of the implementation of the TBP–Phase II and of the NPA–WFCL, in its next report.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that, in its concluding observations of 20 June 2011, the CRC expresses concern that over 1.5 million children are still economically active in Cambodia and that around 250,000 are engaged in the worst forms of child labour (CRC/C/KHM/CO/2, paragraph 67). The Committee also notes the Government’s statement that it is collaborating with ILO–IPEC to conduct a survey, within the framework of the TBP–Phase II, on the situation of child labour in Cambodia, and especially its worst forms, for 2011. The Committee expresses its deep concern at the high number of children involved in the worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms. The Committee also requests the Government to provide a copy of the results of the survey on child labour in Cambodia, once it is finalized. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other points in a request addressed directly to the Government.