Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Age Convention, 1973 (No. 138) - Cambodia (Ratification: 1999)

The Committee notes the Government’s first report. It notes with interest that Cambodia signed a Memorandum of Understanding (MOU) with ILO/IPEC in May 1997 and a second MOU in January 2003 aimed at combating the worst forms of child labour.

Article 2 of the Convention. 1. Scope of application. The Committee notes that at the time of ratification the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). The Committee notes the information provided by the Government that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It further notes the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement has met with some difficulties. The Government therefore decided to take advantage of Article 2, paragraph 4, of the Convention and initially specified a minimum age of 14 years. The Committee notes that before ratification, this issue was extensively discussed with representatives of all major trade unions and employers’ organizations. It nevertheless recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

The Committee also notes that by virtue of section 1(d), the Labour Law does not apply to personnel serving in the air and maritime transportation, who are governed by a special legislation. It requests the Government to communicate information on applicable legal provisions on the minimum age regarding personnel serving in the air and maritime transportation and to provide a copy thereof.

2. Age of completion of compulsory schooling. The Committee notes the information provided by the Government in its report that "schooling is compulsory for nine years and primary and secondary schools are free" (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also notes that in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 190) the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observes that if a child starts school at 6 years of age, he/she will complete compulsory schooling at 15 years of age. It recalls that at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The minimum age for admission to work is then likely to be less than the age of completion of compulsory schooling. The Committee recalls that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. The Committee asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age. It also asks the Government to supply a copy of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education and of Royal Decree No. NS/RKT/0796/52 dated 26 July 1996.

3. Reason to specify a minimum age of 14 years. The Committee notes the information provided by the Government in its report that before ratification, the issue of initially specifying a minimum age of 14 years was discussed in 1998 with experts from the ILO and members of Parliament. Moreover, a national tripartite workshop was held before ratification in early 1999, during which the issue was discussed with representatives of all major trade unions and employers’ organizations, in conformity with Article 2, paragraph 4, of the Convention. The Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3. 1. Determination of types of hazardous work. The Committee notes the Government’s statement that section 177(2) of the Labour Law stipulates that the minimum allowable age for any kind of employment or work, which, by its nature, could be hazardous to the health, safety, or the morality of an adolescent, is 18 years. This provision also provides that the types of employment or work which by their nature could be hazardous to the health, safety, or the morality of an adolescent shall be determined by Ministerial Order (Prakas) of the Ministry of Labour, in consultation with the Labour Advisory Committee. The Committee notes with interest the information provided by the Government to the effect that a draft Prakas on the prohibition of hazardous child labour is being elaborated with the technical assistance of the ILO. In this regard, the Committee notes that the draft Prakas gives an extensive list of types of hazardous work, which could jeopardize the health, safety or morals of children under 18 years of age. It asks the Government to provide a copy of the Prakas determining types of hazardous work prohibited for children under 18 as soon as it is adopted.

2. Authorization to work from the age of 16 years. The Committee notes that under section 177(3) of the Labour Law, the Ministry of Labour can, after having consulted with the Labour Advisory Committee, authorize hazardous occupations or employment for adolescents aged 15 years and over on the condition that their health, safety or morality is fully guaranteed and that they can receive, in the corresponding area of activity, specific and adequate instruction or vocational training. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee notes that the draft Prakas on the Prohibition of Hazardous Child Labour provides that the Ministry of Social Affairs Labour, Vocational Training and Youth Rehabilitation (MoSALVY) may authorize the admission to hazardous work of persons who have attained 16 years of age. The draft Prakas also stipulates that MoSALVY shall only act upon individual applications to allow the employment of children who have attained 16 years of age in hazardous work, and shall consult with the Labour Advisory Committee before issuing an authorization. Furthermore, the Committee notes that the authorization shall not be issued unless the Ministry is satisfied that the applicant employer will fully guarantee the health, safety and morals of the young person and provide specific and adequate training in the area for which the young person will be employed. The Committee trusts that this draft Prakas will be adopted shortly and asks the Government to keep it informed in this regard.

Article 4. The Committee notes that by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. The Committee also notes the information provided by the Government that section 1(e) of the Labour Law excludes domestics and household servants from its application. The Committee requests the Government to supply information on the consultations which have taken place with the employers’ and workers’ organizations concerned on this exclusion of domestics and household servants under Article 4, paragraph 1, of the Convention. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 6. The Committee notes the information provided by the Government in its report that Prakas No. 004 MoSALVY, fixing the organization and duration of apprenticeships, was issued on 5 January 2000 to implement section 62 of the Labour Law. It requests the Government to provide a copy of the Prakas relating to the organization and duration of apprenticeships.

Article 7, paragraphs 2 and 3. The Committee notes the information contained in the Government’s report that section 177(4) of the Labour Law permits light work for children from 12 to 15 years of age. The Committee notes with interest that subsection (4) of section 177 stipulates that children from 12 to 15 years of age can be hired to do light work provided that: (a) the work is not hazardous to their health or mental and physical development; (b) the work will not affect their regular school attendance, their participation in guidance programmes or vocational training approved by a competent authority. It also notes the Government’s indication that a draft Prakas to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work is in preparation. The Committee observes that this draft Prakas has been discussed in the child labour working group and the national subcommittee on child labour and will be issued after technical advice from the ILO. The Committee requests the Government to provide a copy of the Prakas relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. The Committee notes the information provided by the Government in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 238) that children have to work in order to help the family. Some children, having dropped out school, become beggars or scavengers picking over the rubbish dumps. According to investigations conducted by the Asian Development Bank (ADB), the United Nations Development Programme (UNDP) and the National Institute of the Ministry of Planning, only 2.4 per cent of children over 10 years old are not obliged to work (UNICEF report analysing the situation of children and women). The Committee also notes that in its concluding observations on the initial report of Cambodia (CRC/C/15/Add.128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. It also expressed is concern over the inefficient enforcement of existing labour laws. The Committee notes that there is currently an IPEC project on "Combating child labour in hazardous work in the salt production, rubber plantations, and fish/shrimp processing sectors in Cambodia". Its also notes that according to this project, the Government aims to reduce the labour force participation rate of children aged from 10-14 years from 8.3 per cent in recent years to 5.3 per cent in the targeted year 2005. Moreover, the recently developed national policy on non-formal education has included working children as one of its primary targets. The Committee also expresses its concern about the actual situation of young children in Cambodia who are compelled to work because of personal needs. It strongly encourages the Government to redouble its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.