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

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 3(c) of the Convention. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that in accordance with section 345 of the Cambodian Criminal Code of 2010, the act of directly inciting a minor to transport, keep in possession or to supply an addictive drug is punishable by a prison sentence ranging from two to five years and a fine ranging from 4 million to 10 million Cambodian riels (KHR) (approximately US$992 US$2,481). In addition, in accordance with sections 3 and 47 of the Law on the control of drugs, the production, distribution and trading/trafficking, wholesale or retail, transportation, storage, procurement, commercial or free of charge distribution, purchase, use, import, export or transit on the territory of the Kingdom of Cambodia, of narcotic plants, substances or ingredients is prohibited. The involvement of a minor during the commission of the offence is considered an aggravating circumstance.

Articles 6 and 7(2)(a) and (b). Programmes of action and time-bound measures for prevention, assistance and removal. Child trafficking. The Committee previously took note of the adoption, by the National Committee for Counter Trafficking, of the National Action Plan for 2014–18 (NAP 2014 18), which aims to contribute to the strengthening of law and policy; enhancing prevention and the criminal justice response to human trafficking; and protecting victims with gender-and-age appropriate support.

The Committee notes with interest the Government’s information that, in 2016, provincial anti-human trafficking committees coordinated with partner organizations to assist victims trafficking, sexual assault and labour exploitation, among whom 530 of them were children, and ensured their rehabilitation through medical and legal assistance. In addition, the Government indicates that the Ministry of Social Affairs, Veterans and Youth Rehabilitation coordinated with public health-care centres and other partners, to rescue 652 child victims of trafficking for sexual and commercial exploitation and provided them with temporary accommodation and childcare before being sent back to their families. Taking due note of the measures taken by the Government, the Committee requests it to continue to provide information on the number of child victims of trafficking who have been removed from sexual or labour exploitation, as well as the number of children who have been rehabilitated and socially integrated, including through the NAP 2014–18.

Article 7(2)(a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the enrolment rate at the primary school level had increased from 95.3 per cent in 2013–14 to 99.4 per cent in 2014–15, and that the drop-out rate at the primary school level had declined from 10.5 per cent in 2013–14 to 8.3 per cent in 2014–15. The Committee noted, however, that while Cambodia had made considerable progress towards achieving gender parity in primary education, disparities increased at the entry and completion of lower secondary school, indicating significant bottlenecks for girls.

The Committee notes the Government’s information that, in addition to the National Strategic Development Plan, the National Plan of Action for the Reduction of Child Labour and Elimination of the Worst Forms of Child Labour 2016–25 (NPA–WFCL) and other policies were adopted to provide a roadmap towards the eradication of child labour by 2025. As a result of the education component of all these policies, the number of school and teaching staff increased in proportion with the increased number of students at both the lower and upper levels of secondary school. The Committee notes with interest that, according to the Ministry of Education, Youth and Sport (MoEYS), the gross enrolment rates increased from 53.8 per cent in 2015–16 to 57.6 per cent in 2016–17 at the lower secondary level; and from 24.3 per cent in 2015–16 to 26.5 per cent in 2016–17 at the upper secondary level. The drop-out rate at the lower secondary level has declined from 19.2 per cent in 2014–15 to 17 per cent in 2015–16.

In addition, the Government indicates that several programmes have been implemented to promote the quality and effectiveness of education, such as the Dropout Prevention Programme or the Life Skill Education Programme. In particular, the Scholarship Programme for Poor Students in Secondary Education contributed to increasing enrolment rates and reducing drop-out rates in secondary education, especially among female students. According to the Government, this programme has covered 809 schools with 69,514 scholarship students, 60 per cent of which were girls, at the level of lower secondary education; and 120 schools with 3,600 students, 60 per cent of which were girls, at the level of upper secondary education. Considering that education is one of the best methods of preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to improve the functioning of the national education system by increasing the enrolment and completion rates and reducing drop-out rates at the secondary level, paying special attention to the situation of girls. It requests the Government to continue providing information on the concrete measures taken in this regard, and on the results achieved, disaggregated, where possible, by age and gender.

Article 7(2)(a) and (b). Time-bound measures for prevention, assistance and removal. Children engaged in hazardous work in fisheries. The Committee notes that the Fisheries Administration of Cambodia (FiA) of the Ministry of Agriculture, Forestry and Fisheries, has developed a National Action Plan on the Elimination of Child Labour in Fisheries (Fisheries NAP), which is aligned with the Strategic Framework for Fisheries 2010–19, which is the ten year sectoral plan for fisheries. In this framework, the FiA has also adopted the Action Plan for Gender Equality Promotion and Child Labour Elimination in the Fisheries Sector (2016–20), with the objective of preventing and withdrawing children from child labour and hazardous work in the fisheries sector. The Committee encourages the Government to continue taking effective and time-bound measures for the prevention, removal and rehabilitation of children engaged in hazardous work in the fisheries sector. It requests the Government to provide information on the results achieved, particularly in the context of the Fisheries NAP.