Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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 and Part V of the report form. National policy designed to ensure the effective abolition of child labour and the application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that the National Child Labour Survey of 2010 indicated that child labour exists in the country. The Survey indicates that approximately 15 per cent of all children in the country are currently employed in some economic activity, 33 per cent of whom are engaged in work not in contravention of the Convention. However, 67 per cent of these working children can be considered as children in child labour (working below the minimum age, or above the minimum age and engaged in hazardous work). Moreover, the Survey indicates that 49 per cent of all working children are engaged in hazardous work, and that 54 per cent of working children between the ages of 14 and 18 are engaged in hazardous work. The Government states that these statistics indicate that measures, including an action plan, are needed to address child labour in the country. In this regard, the Committee notes that the country’s Decent Work Country Programme (2011–15) includes as a target the adoption by 2013 of a National Policy and Plan of Action to End Child Labour. The Committee observes with concern that there remain a significant number of children engaged in child labour, including in hazardous work. The Committee accordingly urges the Government to pursue its efforts towards the adoption and implementation of a National Policy and Plan of Action on child labour, to achieve the elimination of child labour. It requests the Government to provide information on measures taken to prevent and eliminate child labour within the country, as well as the results achieved. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions reported, violations detected and penalties applied.

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. However, the Government indicated that labour inspections were conducted in the informal economy and that it would consider strengthening the capacity of labour inspection services in order to deal with this issue.

The Committee notes the Government’s statement that it is in the process of amending the Labour Law of 2006, and has undertaken tripartite consultations in this regard. These amendments include extending the coverage of the Law to all young persons in both the formal and informal economies. Taking due note of the draft amendments developed to the Labour Law, the Committee encourages the Government to pursue its efforts within the context of this revision to ensure that the provisions of the Law relating to young persons working apply to work performed outside of a formal employment relationship, such as in the informal economy. The Committee also requests the Government to provide information on any measures taken 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 economy.

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. However, it noted that the age of completion of compulsory schooling was 11 years of age, three years below the minimum age for admission to work of 14 years. In this regard, the Committee noted 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).

The Committee notes the Government’s statement that the Ministry of Education is responsible for legislation relating to compulsory education. The Government indicates that the age of completion of compulsory schooling has been raised from 11 years to 12 years of age. The Committee also notes the information from the UNESCO Institute for Statistics that while the net enrolment rate for children in primary compulsory education was 97 per cent in 2011, the net enrolment rate for children in secondary school was only 41 per cent, and only 81 per cent of children who had completed primary school transitioned to secondary school. The Committee also notes the information from the National Child Labour Survey that approximately 94 per cent of children in child labour have either discontinued studies or have never attended school.

Recalling that compulsory education is one of the most effective means of combating child labour, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If the compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). The Committee accordingly encourages the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work. It requests the Government to provide information on any measures taken in this regard.

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 noted the Government’s statement that it would consider making a declaration to lift this limitation.

The Committee notes the Government’s statement that the revised Labour Law will cover all branches of activities. In this regard, the Committee reminds the Government that, pursuant to Article 5(4)(b) of the Convention, it may at any time formally extend the scope of application of the Convention by a declaration addressed to the Director-General of the International Labour Office. 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, and to consider making a declaration pursuant to Article 5(4)(b) of the Convention. It requests the Government to continue to provide information on progress made in this respect.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s statement that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. In this regard, the Committee notes that section 11(4) of the Decree states that technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production. 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 indicate if there is a minimum age for the engagement of persons in “participatory training” in enterprises.

Article 7. Light work. The Committee previously noted the Government’s indication that the issue of light work would be considered during the reforms of the Labour Law and the establishment of the Labour Protection Law.

The Committee notes that the draft amendments to the Labour Law include provisions permitting light work for children between the ages of 12 and 14, defined as work that is not dangerous to the young person’s physical and mental health and does not have any impact on their physical and mental development, their education and other vocational training, and that a list of types of light work shall be defined in a separate regulation. In this regard, the Government indicates that agreement has been reached on the list of types of light work. The Committee further notes the information in the National Child Labour Survey of 2010 that 12.6 per cent of children aged 12 and 13 are engaged in economic activity. Observing that a significant number of children between the ages of 12 and 14 are engaged in economic activity, the Committee encourages the Government to pursue its efforts to regulate light work for these children, in conformity with Article 7 of the Convention. It requests the Government to provide a copy of the list of types of light work, once approved.

Article 9(3). Keeping of registers. Following its previous comments, the Committee takes due note of the Government’s statement that the revised Labour Law contains provisions requiring employers to keep a register of all employed children under 18 years of age. The Committee requests the Government to pursue its efforts, within the framework of revisions to the Labour Law, to ensure that employers are required to maintain and make available registers containing the name and ages of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.