Demande directe (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

Demande directe

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Article 5 of the Convention. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that, since the establishment of the Department of Child Labour (DCL), the mechanism to monitor child labour is the Child Labour Inspection Office of the DCL in collaboration with the Department of Occupational Safety and Health. The Committee also noted that other institutions, such as the National Sub-Committee on Child Labour of the Cambodian National Council for Children, the Municipal/Provincial Committees on Child Labour and the Community Monitoring of Child Labour, constitute a coordinating mechanism to support the monitoring of the application of the Convention. However, the Committee noted that no employer was prosecuted for violating child labour laws in 2007.

The Committee notes the Government’s statement that the National Sub Committee on Child Labour and the Municipal/Provincial and District Committees on Child Labour have been playing a crucial role in monitoring child labour. However, the Committee observes 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), enforcement actions are rare and punishment light, and there was only one documented child labour violation in 2009 which involved an under-age garment factory worker. Furthermore, the same report indicates that, in cases in which violations are found, it can take reportedly more than one month to resolve child labour cases. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity of the labour inspectorate in order to ensure that regular inspections are carried out. It requests the Government to provide information on the progress made in this regard. The Committee also once again requests the Government to supply information on the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that the Government had adopted the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL), which aims at reducing the incidence of child labour among children aged 5–17 years from 16.5 per cent in 1999, to 10.6 per cent in 2010, to 8 per cent in 2015, and to end the worst forms of child labour by 2016. The NPA–WFCL contains eight areas of action: research and study; policy and institutional development; legislation and enforcement; advocacy, networking and social mobilization; education; prevention; protection; withdrawal/removal and rehabilitation.

The Committee notes with interest the Government’s information that, as of 2010, the NPA–WFCL has resulted in the removal of 8,471 children (4,925 girls) from the worst forms of child labour. The Committee encourages the Government to pursue its efforts in order to reach the goals stated in the NPA–WFCL and effectively eradicate the worst forms of child labour in Cambodia by 2016. It requests the Government to continue providing information on the progress made in this regard.

Article 7(2). Effective and time-bound measures. The Committee previously noted that the ILO–IPEC project Support to the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA–WFCL), a Time-bound Programme (TBP), was implemented on 30 September 2004. Under the targeted interventions objective, the TBP implemented action programmes by sector directly targeting children for withdrawal, prevention and rehabilitation. The ten action programmes dealt with, among others, salt and fishing production in Kampot; fishing production in Sihanoukville; salt production in Kep; rubber plantations in Kampong Cham; the brick industry in Siem Reap and Kampong Cham; child domestic workers in Phnom Penh; and child porters in Banteay Meanchey. The Committee also noted that the second phase of the TBP (TBP–Phase II) replicates good practices from Phase I when possible and focuses on the following interventions: creating a child labour-free zone; reducing the incidence of urban child labour; targeting the worst forms of child labour in new areas; preventing trafficking in children; and promoting safe migration for decent work for youth. The TBP–Phase II, which commenced on 30 September 2008, is being implemented over a period of 48 months.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Education. The Committee previously noted that the Government adopted the Education for All (EFA) National Plan for 2003–15, which aims to ensure equitable access to basic and post-basic education, enable quality and efficiency improvement, and build capacity for decentralization. The goals of the EFA National Plan are in turn supported by the 2004–08 Education Strategic Plan (ESP) and by the Education Sector Support Programme (ESSP), which identifies specific action areas.

The Committee observes that, according to the written replies by the Government of Cambodia to the Committee on the Rights of the Child (CRC) of May 2011, the Government has reformed the curricula policy between the periods of 2005–09 and 2010–14 (CRC/C/KHM/Q/2-3/Add.1, paragraphs 84–86). Among other things, the Government has established and is implementing a policy of child-friendly schools focusing on six main components: the enrolment of all children; effectiveness in education; health safety and child protection; gender responsiveness; participation of the children’s families and communities; and support from the education system. Moreover, the Committee notes that the Government has adopted the Education Strategic Plan of 2009–13 (ESP-II), which includes a strategy on the reduction of grade repetition and drop-out at all levels, as well as on the increase of scholarships to “very intelligent” students from poor families, especially girls, to ensure that they progress to the secondary level. Moreover, with the ESP-II, a strategic policy document of the Ministry of Education, Youth and Sports (MoEYS) articulates child labour as an issue of concern for the first time.

The Committee observes that, in its concluding observations of 20 June 2011, the CRC noted with satisfaction the remarkable progress made by Cambodia to increase primary and secondary school enrolment, to ensure equitable access to education throughout the country and to reduce the gender gap (CRC/C/KHM/CO/2, paragraph 65). However, the CRC expressed its concern that, notwithstanding the measures taken by the Government, drop-out, absenteeism and repetition rates remain evidently high and are on the increase, girls being much more affected than boys. In this regard, the Committee observes that, according to the Education Statistics and Indicators of the MoEYS of 2010–11, repetition and drop-out rates for boys in the primary level are of 7.9 and 8.8 per cent, and for boys in the lower secondary level of 2.6 and 19.1 per cent, respectively. The repetition and drop-out rates for girls in the primary level are of 6.2 and 8.7 per cent, and at the lower secondary level of 1.3 and 20.1 per cent, respectively. The Committee notes with concern that, despite the measures taken by the Government, drop-out, absenteeism and repetition rates are on the increase. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to reduce school drop-out and repetition rates for children, taking into account of the special situation of girls. It requests the Government to provide information on the progress made in this regard.

Sale and trafficking. The Committee previously took note of the measures taken by the Government to combat the sale and trafficking of children, including the implementation of a National Plan of Action on Trafficking and Sexual Exploitation of Children (NPA–TIPSE) from 2000 to 2004, and of a second NPA–TIPSE from 2006 to 2010. It also noted that the TBP–Phase II added the sale and trafficking of children to its sectors of targeted interventions.

The Committee notes that, according to the written replies by the Government of Cambodia to the CRC of May 2011, another NPA–TIPSE for 2011–14 is finalized and is waiting for approval from the Government (CRC/C/KHM/Q/2-3/Add.1, paragraph 100). The Committee also notes the Government’s information that several measures are being taken to combat the sale and trafficking of children. However, the Committee notes that, in its concluding observations of 20 June 2011, the CRC expresses its concern that a high number of women and children continue to be trafficked from, through and within the country for purposes of sexual exploitation and forced labour (CRC/C/KHM/CO/2, paragraph 73). The Committee urges the Government to take immediate and effective measures to ensure that the NPA–TIPSE for 2011–14 is adopted without delay. It once again requests the Government to provide information on the number of children who have been prevented from becoming victims of trafficking for sexual or labour exploitation, and the number of child victims of trafficking who have been removed from sexual or labour exploitation and then rehabilitated and socially integrated, as a result of the implementation of the NPA–TIPSE and the TBP–Phase II.

Other sectors targeted by the TBP and TBP–Phase II. The Committee previously noted that the TBP–Phase II would be implemented in 15 provinces and will target a total of 12,000 children as direct beneficiaries through the provision of educational and non-educational services. Out of this total, 11,000 children would be targeted for withdrawal and prevention through educational (and skills development) services, while 1,000 would be targeted through non-educational services. Moreover, of the total 12,000 targeted children, 7,200 would be withdrawn and 4,800 would be prevented from the worst forms of child labour.

The Committee notes with interest that, according to information available at ILO–IPEC, the TBP-Phase II has thus far permitted the withdrawal and prevention of 2,719 children (1,398 girls) from the worst forms of child labour. Of that number, 740 children (367 girls) have been removed from the worst forms of child labour, and 1,979 children (1,031 girls) who were at risk of joining the worst forms of child labour have been prevented from doing so. These children are all receiving services such as educational or vocational training.

Article 8. International cooperation. Trafficking. In its previous comments, the Committee noted that Cambodia signed the Joint Declaration of the “Mekong Subregional Cooperation in the Anti-trafficking Process”, by ministers from the countries of Cambodia, China, Lao People’s Democratic Republic, Myanmar, Thailand and Viet Nam. The Committee also noted that the Government signed a Memorandum of Understanding (MOU) between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on bilateral cooperation to eliminate trafficking in children and women and provide assistance to victims of trafficking. The Committee noted that the Government established, in April 2007, a National Task Force (NTF) to implement all agreements and MOUs between Cambodia and other countries on the elimination of trafficking in persons and to assist victims of trafficking. In July 2007, the Government established a “Leading Task Force” on human trafficking activities as a support structure for the NTF. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the impact of international and regional anti-trafficking agreements and programmes in combating the trafficking of children, and the results achieved. It also once again requests the Government to provide information on the action of the NTF and of the Leading Task Force in implementing the regional agreements and MOUs between Cambodia and other countries and on the number of child victims of trafficking it has assisted.

Poverty reduction. Following its previous comments, the Committee notes that, according to information available at ILO–IPEC, the National Social Protection Strategy (2011–15) for the Poor and Vulnerable (NSPS–PV) was endorsed by the Council of Ministers on 18 March 2011, and includes child labour and education as priority areas for action. Considering that poverty reduction contributes 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 the NSPS–PV towards eliminating the worst forms of child labour.