Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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 and the application of the Convention in practice. The Committee previously noted that the National Child Labour Survey of 2010 indicated the occurrence of child labour in the country. Approximately 15 per cent of all children in the country were employed in some economic activity, 67 per cent of whom could 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 indicated that 49 per cent of all working children were engaged in hazardous work, and that 54 per cent of working children between the ages of 14 and 18 were engaged in hazardous work. The Committee observed with concern that there remained a significant number of children engaged in child labour, including in hazardous work.

The Committee notes the Government’s information in its report that the implementation of the child labour eradication plan is currently ongoing and continually integrated into the work of different institutions. The Committee also notes the draft National Strategy and Plan of Action on Elimination of the Worst Forms of Child Labour (2012-2015) submitted with the Government’s report. Moreover, the Committee notes the Government’s report to the Human Rights Committee of 27 April 2017 that the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014-2020) has been adopted, aimed at enhancing policies in education, training, health, social protection and employment to improve access for child labourers and vulnerable children to services and interventions; improving the quality and quantity of educational services to keep children in school; and mainstreaming child labour concerns into agriculture sector policies and interventions. The Plan also includes an objective to improve and institutionalize data collection on child labour and school attendance by developing a database and conducting a second National Child Labour Survey in 2020 to compare data over a ten-year period (CCPR/C/LAO/1, para. 155). The Committee therefore requests that the Government provide a copy of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014-2020), and information on concrete measures taken to ensure its effective implementation and the results achieved in this regard. The Committee also requests that the Government provide information on any progress made regarding the development of the database on child labour and school attendance and the second National Child Labour Survey.

Article 2(1). Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appeared to exclude work performed outside a formal labour relationship from its scope of application. 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 further noted that, following the enactment of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees as provided for by section 6.

The Committee notes the Government’s information that the labour inspection cannot be conducted in the informal economy due to a number of factors, including lack of information and absence of complaints. The Committee therefore requests that the Government take the necessary steps 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, and to provide information on any progress made and the results achieved in this regard.

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. The Government indicated that the age of completion of compulsory schooling had been raised from 11 years to 12 years of age. The Committee also noted 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 noted the information from the National Child Labour Survey that approximately 94 per cent of children in child labour had either discontinued studies or have never attended school.

The Committee notes the National Strategy and Plan of Action on Education (2011-2015) submitted with the Government’s report. The Committee also notes the information from the UNESCO Institute for Statistics that the net enrolment rate for children in secondary school rose to 54.3 per cent in 2015, and 89.1 per cent of children who had completed primary school transitioned to secondary school in 2014. While taking due note of the progress made in this regard, the Committee must emphasize the importance 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 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 (the 2012 General Survey on the fundamental Conventions, para. 371). The Committee therefore once again 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 also requests that the Government provide information on any measures taken in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that section 4 of the Ministerial Decree on List of Hazardous Work for Young Persons of 2016 permits young persons aged between 14 and 18 years to engage in the types of hazardous work listed under section 3, on the condition that such persons receive sufficient training, technical guidance, instructions and safety tools; and that their work is assessed and authorized by the relevant labour management agencies. The Committee reminds the Government that, pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age. The Committee therefore requests that the Government revise section 4 of the Ministerial Decree by raising the lower minimum age specified for exemption from the prohibition on the employment of young persons in hazardous work from 14 years to 16 years, in order to bring it into conformity with Article 3(3) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted 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. Pursuant to section 11(4) of the Decree, 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.

The Committee notes the Government’s information that there is no available data regarding the training of children below 14 years of age. 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 once again asks that the Government indicate if there is a minimum age for the engagement of persons in “participatory training” in enterprises.