Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mongolie (Ratification: 2001)

Autre commentaire sur C182

Observation

2023
2019
2015

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Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Horse jockeys. In its previous comments, the Committee noted that, under the Law on National Naadam Festival, the lower age limit for children riding racehorses is established at 7. The Committee further noted the Government’s indication that the Law on National Naadam Festival has been amended to include new provisions to protect children, as well as its reference to the Mongolian National Standard (MNS 6264:2011) which sets out strict requirements on protective clothing for child jockeys. The Committee noted, however, the findings of the UN Special Rapporteur on extreme poverty which outlined reports regarding the continuing injuries and fatalities arising from the practice of using child jockeys. The Committee further noted the 12th Report on Human Rights and Freedoms in Mongolia by the National Human Rights Commission (2013), which found that despite the progress in regulating the use of protective clothing in MNS 6264:2011, the implementation of the standard is not effective; no action has been taken to protect the rights of child jockeys and the penalties contained in the regulations are inadequate.

The Committee notes the Government’s reference in its report to its fifth National Periodic Report to the Committee on the Rights of the Child according to which, around 10,000 children are used as child jockeys every year during the summer holidays. The Government states that 0.04 per cent of those children were reported to have been seriously or severely injured and provided with medical assistance. The Government also indicates that a child learns how to ride a horse at the age of 8 on average. With reference to the 2014 National Social Indicator Survey, the Government mentions that 5 per cent of all children aged from 4 to 15 were child jockeys for a minimum of one year (10 per cent of boys and 1 per cent of girls). The majority of child jockeys come from low-income families. Furthermore, half of the child jockeys interviewed reported to carry out bareback riding on their last race and 3 per cent were injured. It is common among child jockeys aged 10 to 15 to bareback ride (60 per cent). The Committee further notes the Government’s indication that, during the Naadam Festival in 2015, the Heads of Agencies for Special Protection (AIS) of Aimags and the capital city were instructed to ensure the respect of the standards safety equipment of child jockeys participating in the horse race. The Government indicates that, after public consultations, the authorities agreed to increase the age limit step by step. The Ministry of Population Development and Social Protection has proposed to the Parliament to increase the legal age from 7 to 9 years under the Law on National Nadaam Festival. The Government further reports that 59 per cent of child jockeys were covered by an accident insurance. In 2013, the National Authority for Children (NAC) authorized the Recommendation on improving the insurance services of Horse Race Jockey Children of 23 June 2013.

The Committee notes that the NAC further conducted several activities in the framework of the implementation of the National Programme on the Elimination of the Worst Forms of Child Labour (NAP-WFCL), including the organization of a meeting with the lawyers’ association on banning winter horse races, monitoring and evaluation of the races on-site and giving instructions to rural horse race organizers. In 2015, the NAC also issued and submitted to the Parliament and the National Human Rights Institution, the Rules and Regulations on providing the safety of child jockeys during the horse races. It also conducted studies on the current situation of child jockeys and recommendations for a legislative Bill. The Government indicates that there have been no unannounced inspections yet. It also mentions that the access to a database on legal cases in Mongolia is quite limited and refers to one case of a severely injured 12-year-old boy against the owner of the horse.

The Committee also notes that ILO–IPEC and UNICEF are currently finalizing research on this issue aimed at outlining the potential hazards and risks to the physical health and overall development of the child. The Committee further takes note that, according to the ILO–IPEC report on the Global Action Programme (GAP), the Ministry of Labour decided to review and, as appropriate, to revise the list of jobs and occupations to be prohibited for minors under 18, which was adopted in 2008. While taking due note of the measures taken by the Government, the Committee observes that, according to the Understanding Children’s Work (UCW) programme’s report entitled The twin challenges of child labour and education marginalisation in East and South-East Asia region (the UCW report 2015), the Ministry of Health reported that more than 300 children injured during horse races were treated at the National Trauma Centre alone, in 2012. The Committee emphasizes that Article 3(d) of the Convention specifically prohibits hazardous work to children under 18 years of age and that the Government is committed to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, under Article 1. The Committee also recalls that Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190) addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. Recalling that horse racing is inherently dangerous to the health and safety of children, the Committee urges the Government to take the necessary measures in law and in practice, to ensure that no child under 18 years of age is employed as a horse jockey. However, where such work is performed by young persons between 16 and 18 years of age, the Committee requests the Government to ensure that the protective measures referred to above are strictly enforced and that unannounced inspections are carried out by the labour inspectorate to ensure that those children between 16 and 18 years of age who continue to work as child jockeys do not perform their work under circumstances that may be detrimental to their health and safety.

The Committee invites the Government to consider availing itself of technical assistance from the ILO to bring its legislation and pratice into conformity with the Convention. In this regard, the Committee welcomes the ILO project financed by the Directorate-General for Trade of the European Commission to Support the Generalized Scheme of Preferences (GSP+) beneficiary countries to effectively implement international labour standards targeting four countries and notably Mongolia.

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