Minimum Age Convention, 1973 (No. 138) - Lao People's Democratic Republic (Ratification: 2005)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: observation and direct request

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s information, in its report, on the various measures taken by the Government to eliminate child labour, including: (1) the publication of posters and brochures on child labour for the general public; (2) capacity-building and training on the implementation of the National Plan of Action on Prevention and Elimination of Child Labour (2014–20) for government organizations, tripartite organizations and the private sector to allow these actors to better recognize and understand child labour; (3) coordination with partners to monitor the implementation of the National Plan of Action on Prevention and Elimination of Child Labour at the central and local levels; and (4) cooperation with the ILO to re-evaluate the implementation of the National Action Plan in the period 2016–20 and jointly create a plan for the period 2021–25. The Government also repeats the information that it has collected data and created a report on the prevention and elimination of child labour, but once again it does not provide the corresponding data. The Committee further notes, from the ILO Decent Work Country Programme 2022–25, that: (1) overall, women and children in rural areas were most affected by the negative impacts of the COVID-19 pandemic, including increased child labour; and (2) a Labour Force Survey was conducted in 2021–22, which includes a child labour component, but it has not been published yet. Recalling that, in 2017, 41.5 per cent of children aged 5–14 years were engaged in child labour, including in hazardous work, the Committee requests the Government to pursue its efforts to ensure the progressive elimination of child labour in all economic activities, and to continue to provide information on the measures taken in this respect. It also requests the Government to provide: (i) detailed information on the results achieved through the implementation of the National Plan of Action on Prevention and Elimination of Child Labour (2014–2020); (ii) a copy of the updated National Action Plan once adopted; and (iii) a copy of the updated Labour Force Survey once it is published.

Article 2(1). Scope of application and labour inspection. The Committee notes with interest the Government’s indication that the Ministry of Labour and Social Welfare adopted the Agreement on Labour Inspectors No. 2803/MoLSW, dated 13 September 2022, which provides for the deployment of a total of 159 inspectors, up from 77 inspectors in 2019. However, the Government also states that child labour inspections at workplaces across the country did not find any cases of child labour. Recalling the high number of children engaged in child labour in the country, including in the informal economy and in hazardous work, the Committee once again requests the Government to strengthen its efforts, without delay, to adapt and reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal economy. It again requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number and nature of offences reported. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. With reference to its previous comment, the Committee notes with concern the Government’s indication that section 4 of the Ministerial Decree No. 4182/MoLSW on the List of Hazardous Works for Young Persons, of 2018, permits children from 14 to 18 years to engage in hazardous work provided they receive sufficient training, technical guidance, instructions and safety tools. It notes the Government’s indication that it is working on updating the list of hazardous work. Recalling that pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age, the Committee urges the Government to take the necessary measures to bring the Ministerial Decree of 2018 into conformity with the Convention, by ensuring that children under 16 years of age may not, under any circumstances, be authorized to perform hazardous work. It requests the Government to provide information on the progress achieved to this end.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s indication that section 9.10.11 of the Law on Technical and Vocational Education and Training of 2013 does not set a minimum age for engagement in apprenticeships. In this regard, the Committee emphasizes the importance of setting a minimum age for admission to apprenticeship of at least 14 years to ensure that no child under that age undertakes an apprenticeship, as required by Article 6 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that the Law on Technical and Vocational Education and Training of 2013 is amended so as to set a minimum age of at least 14 years for entering an apprenticeship programme, in accordance with the Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application and the labour inspectorate. The Committee previously 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 Government however indicated that labour inspections could not be conducted in the informal economy due to a number of factors, including lack of information and absence of complaints. The Committee therefore requested the Government to 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.

The Committee notes the Government’s indication that a total of 77 labour inspectors have been deployed across the country, enabling the inspection of ten labour units per year for each labour inspector, in the formal and informal sectors. In this respect, the Committee recalls that, according to the 2012 General Survey on the fundamental Conventions (paragraph 345), the limited number of labour inspectors makes it difficult for them to cover the whole of the informal economy.The Committee therefore requests the Government to strengthen its efforts without delay to reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal sectors. It requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number and nature of offences reported.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the age of completion of compulsory schooling was 12 years of age, two years below the minimum age for admission to work of 14 years. It therefore encouraged 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.

The Committee notes the absence of information from the Government in this regard. It notes that, according to the 2016 Systems Approach for Better Education Results (SABER) Country Report of the Lao People’s Democratic Republic (PDR), issued by the World Bank Group, general education begins at age 6 with entry to primary school, up to the age of 10 years, followed by lower secondary school from 11 to 14 years of age. The Committee notes with interest that, according to the concluding observations of the UN Committee on the Rights of the Child (CRC) of November 2018, the revised Law on Education of 2015 makes primary and secondary education compulsory, thus raising the age of compulsory education to at least 14 years (CRC/C/LAO/CO/3-6, paragraph 38).The Committee encourages the Government to continue its efforts to ensure that all children aged between 6 and 14 years attend and complete compulsory school, and to provide information on the results achieved in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 4 of the Ministerial Decree on the 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. Recalling that pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from16years of age, the Committee requested the Government to revise section 4 of the Ministerial Decree by raising the lower minimum age from 14 to 16 years.

The Committee notes the Government’s indication that Ministerial Decree No. 4182/MLSW on the List of Hazardous Works for Young Persons was adopted on 23 November 2018.The Committee requests the Government to indicate whether Ministerial Decree No. 4182/MLSW provides that children from 14 to 16 years of age are exempted from the prohibition on the employment of young persons in hazardous work. If so, it requests the Government to take the necessary measures to bring this Decree into conformity with Article 3(3) of the Convention, by ensuring that children under 16 years of age may not under any circumstances be authorized to perform hazardous work.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted 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 requested the Government to indicate if there is a minimum age for the engagement of young persons in “participatory training” in enterprises.

The Committee notes with regret that the Government has not provided any information in its report on the minimum age for engagement in “participatory training” in enterprises since 2009. The Committee notes that, in its report to the CRC of October 2017, the Government states that the Law on Technical and Vocational Education and Training of 2013 sets out the rules to train and develop the Lao labour force (CRC/C/LAO/3-6, paragraph 168).The Committee requests the Government to supply information on the rules provided for in the Law on Technical and Vocational Education and Training of 2013 regarding the minimum age for entering an apprenticeship programme.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously requested the Government to provide information on the implementation of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014-2020), which aims at improving access for child labourers and vulnerable children to services and interventions, maintaining children in school and mainstreaming child labour concerns into agriculture sector policies and interventions. The Committee also requested the Government to provide information on the development of a database on child labour and school attendance and of the second National Child Labour Survey, planned for 2020.

The Government indicates in its report that it has collected data in two provinces (Savannakhet and Salavan), within the framework of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020). The Committee observes however that the corresponding data has not been provided by the Government. The Committee notes from the Government’s report to the United Nations Committee on the Rights of the Child (CRC) of October 2017, that the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020) institutionalized mandatory training on child labour for law enforcement officials, prosecutors, judges and labour inspectorates (CRC/C/LAO/3-6, paragraph 178).

The Committee observes that according to the Lao Social Indicator Survey II 2017 (LSIS II), issued in 2018 by the Lao Statistics Bureau and UNICEF, 41.5 per cent of children aged 5–14 years are engaged in child labour. It further notes that 16.5 per cent of children aged 5–11 years and 39.3 per cent of children aged 12–14 years are involved in hazardous types of work. A total of 27.9 per cent of children aged 5–17 years work under hazardous conditions (26.7 per cent of girls and 29 per cent of boys). The Committee is therefore bound to express its concern at the significant number of children below the minimum age for admission to employment who are engaged in child labour, including in hazardous conditions.The Committee requests the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities. It requests the Government to provide information on the measures taken in this respect as well as on the results achieved, including within the framework of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2(1) of the Convention. Scope of application and the labour inspectorate. The Committee previously 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 Government however indicated that labour inspections could not be conducted in the informal economy due to a number of factors, including lack of information and absence of complaints. The Committee therefore requested the Government to 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.

The Committee notes the Government’s indication that a total of 77 labour inspectors have been deployed across the country, enabling the inspection of ten labour units per year for each labour inspector, in the formal and informal sectors. In this respect, the Committee recalls that, according to the 2012 General Survey on the fundamental Conventions (paragraph 345), the limited number of labour inspectors makes it difficult for them to cover the whole of the informal economy. The Committee therefore requests the Government to strengthen its efforts without delay to reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal sectors. It requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number and nature of offences reported.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the age of completion of compulsory schooling was 12 years of age, two years below the minimum age for admission to work of 14 years. It therefore encouraged 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.

The Committee notes the absence of information from the Government in this regard. It notes that, according to the 2016 Systems Approach for Better Education Results (SABER) Country Report of the Lao People’s Democratic Republic (PDR), issued by the World Bank Group, general education begins at age 6 with entry to primary school, up to the age of 10 years, followed by lower secondary school from 11 to 14 years of age. The Committee notes with interest that, according to the concluding observations of the UN Committee on the Rights of the Child (CRC) of November 2018, the revised Law on Education of 2015 makes primary and secondary education compulsory, thus raising the age of compulsory education to at least 14 years (CRC/C/LAO/CO/3-6, paragraph 38). The Committee encourages the Government to continue its efforts to ensure that all children aged between 6 and 14 years attend and complete compulsory school, and to provide information on the results achieved in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 4 of the Ministerial Decree on the 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. Recalling that pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age, the Committee requested the Government to revise section 4 of the Ministerial Decree by raising the lower minimum age from 14 to 16 years.

The Committee notes the Government’s indication that Ministerial Decree No. 4182/MLSW on the List of Hazardous Works for Young Persons was adopted on 23 November 2018. The Committee requests the Government to indicate whether Ministerial Decree No. 4182/MLSW provides that children from 14 to 16 years of age are exempted from the prohibition on the employment of young persons in hazardous work. If so, it requests the Government to take the necessary measures to bring this Decree into conformity with Article 3(3) of the Convention, by ensuring that children under 16 years of age may not under any circumstances be authorized to perform hazardous work.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted 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 requested the Government to indicate if there is a minimum age for the engagement of young persons in “participatory training” in enterprises.

The Committee notes with regret that the Government has not provided any information in its report on the minimum age for engagement in “participatory training” in enterprises since 2009. The Committee notes that, in its report to the CRC of October 2017, the Government states that the Law on Technical and Vocational Education and Training of 2013 sets out the rules to train and develop the Lao labour force (CRC/C/LAO/3-6, paragraph 168). The Committee requests the Government to supply information on the rules provided for in the Law on Technical and Vocational Education and Training of 2013 regarding the minimum age for entering an apprenticeship programme.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously requested the Government to provide information on the implementation of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014-2020), which aims at improving access for child labourers and vulnerable children to services and interventions, maintaining children in school and mainstreaming child labour concerns into agriculture sector policies and interventions. The Committee also requested the Government to provide information on the development of a database on child labour and school attendance and of the second National Child Labour Survey, planned for 2020.

The Government indicates in its report that it has collected data in two provinces (Savannakhet and Salavan), within the framework of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020). The Committee observes however that the corresponding data has not been provided by the Government. The Committee notes from the Government’s report to the United Nations Committee on the Rights of the Child (CRC) of October 2017, that the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020) institutionalized mandatory training on child labour for law enforcement officials, prosecutors, judges and labour inspectorates (CRC/C/LAO/3-6, paragraph 178).

The Committee observes that according to the Lao Social Indicator Survey II 2017 (LSIS II), issued in 2018 by the Lao Statistics Bureau and UNICEF, 41.5 per cent of children aged 5–14 years are engaged in child labour. It further notes that 16.5 per cent of children aged 5–11 years and 39.3 per cent of children aged 12–14 years are involved in hazardous types of work. A total of 27.9 per cent of children aged 5–17 years work under hazardous conditions (26.7 per cent of girls and 29 per cent of boys). The Committee is therefore bound to express its concern at the significant number of children below the minimum age for admission to employment who are engaged in child labour, including in hazardous conditions. The Committee requests the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities. It requests the Government to provide information on the measures taken in this respect as well as on the results achieved, including within the framework of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020).

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matter raised in its previous comments initially made in 2017.

Repetition

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 (2015–15) 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 (2014–20) 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, paragraph 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 (2014–20), 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 (2011–15) 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, paragraph 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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, pursuant to article 102 of the Labour Law Amendment Act of 2013, the list of hazardous work prohibited to children under 18 years of age is specified separately. The Committee also notes with satisfaction that the Ministerial Decree on the List of Hazardous Work for Young Persons was adopted in 2016. Section 3 contains a comprehensive list of types of hazardous work prohibited to young persons under 18 years of age, such as work handling with chemical and poisonous substances, work which carries the risk of infection with communicable diseases, work with sharp tools, work in the tobacco industry, and so on. The Committee also notes that, according to section 6, individuals or legal entities who violate this decree shall be responsible in both civil and criminal procedures depending on the severity of the violation. The Committee requests the Government to provide information on the implementation of the Ministerial Decree on the list of types of hazardous work for young persons, including the number and nature of violations regarding young persons engaged in hazardous work, as well as the penalties imposed.

Article 7. Light work. The Committee previously noted that according to article 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 years may be employed in light work, defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and a list of types of light work shall be defined in a separate regulation.

The Committee notes with satisfaction that the Ministerial Decree on the List of Light Work for Young Persons has been adopted in 2016. Pursuant to sections 1 and 2, children aged 12–14 years are permitted to perform light work which will not jeopardize their physical, moral or mental development and education. Section 3 contains a comprehensive list of types of light work permitted in services, industry and handicraft, as well as in agriculture. Section 4 further provides that a child is not allowed to work more than two hours per day on school days or six hours per day during vacations. Moreover, a child shall not perform overtime work, work between 6 p.m. and 6 a.m., and other types of work as specified in section 5.

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

The Committee hope that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, pursuant to Article 102 of the Labour Law Amendment Act of 2013, the list of hazardous work prohibited to children under 18 years of age is specified separately. The Committee also notes with satisfaction that the Ministerial Decree on the List of Hazardous Work for Young Persons was adopted in 2016. Section 3 contains a comprehensive list of types of hazardous work prohibited to young persons under 18 years of age, such as work handling with chemical and poisonous substances, work which carries the risk of infection with communicable diseases, work with sharp tools, work in the tobacco industry, and so on. The Committee also notes that, according to section 6, individuals or legal entities who violate this decree shall be responsible in both civil and criminal procedures depending on the severity of the violation. The Committee requests the Government to provide information on the implementation of the Ministerial Decree on the list of types of hazardous work for young persons, including the number and nature of violations regarding young persons engaged in hazardous work, as well as the penalties imposed.

Article 7. Light work. The Committee previously noted that according to section 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 years may be employed in light work, defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and a list of types of light work shall be defined in a separate regulation.

The Committee notes with satisfaction that the Ministerial Decree on the List of Light Work for Young Persons has been adopted in 2016. Pursuant to sections 1 and 2, children aged 12–14 years are permitted to perform light work which will not jeopardize their physical, moral or mental development and education. Section 3 contains a comprehensive list of types of light work permitted in services, industry and handicraft, as well as in agriculture. Section 4 further provides that a child is not allowed to work more than two hours per day on school days or six hours per day during vacations. Moreover, a child shall not perform overtime work, work between 6 p.m. and 6 a.m., and other types of work as specified in section 5.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes that Labour Law (Amendment) Act No. 43/NA has been adopted in 2013.

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside 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 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 that pursuant to section 6 of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees. The Committee requests the Government to provide information on the findings of the labour inspections conducted in the informal economy, in terms of the number of working children and young persons detected in this sector. It also requests the Government to indicate the 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 7. Light work. The Committee notes that according to section 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 may be employed in light work defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and that a list of types of light work shall be defined in a separate regulation. Section 101 further indicates that a list of light work activities permitted to children is specified separately. The Committee requests the Government to provide a copy of the list of light work activities permitted to children of 12–14 years. Noting that the Labour Law Amendment Act of 2013 does not contain provisions regulating light work, the Committee requests the Government to indicate the measures taken or envisaged to determine the hours during which, and the conditions in which, light work may be undertaken by children of 12–14 years, pursuant to Article 7(3) of the Convention.

Article 1 of the Convention. 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(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 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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that Labour Law (Amendment) Act No. 43/NA has been adopted in 2013.

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside 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 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 that pursuant to section 6 of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees. The Committee requests the Government to provide information on the findings of the labour inspections conducted in the informal economy, in terms of the number of working children and young persons detected in this sector. It also requests the Government to indicate the 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 7. Light work. The Committee notes that according to section 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 may be employed in light work defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and that a list of types of light work shall be defined in a separate regulation. Section 101 further indicates that a list of light work activities permitted to children is specified separately. The Committee requests the Government to provide a copy of the list of light work activities permitted to children of 12–14 years. Noting that the Labour Law Amendment Act of 2013 does not contain provisions regulating light work, the Committee requests the Government to indicate the measures taken or envisaged to determine the hours during which, and the conditions in which, light work may be undertaken by children of 12–14 years, pursuant to Article 7(3) of the Convention.

Article 9(3). Keeping of registers. The Committee notes with interest that according to section 103 of the Labour Law Amendment Act of 2013, employers must keep records containing the particulars of young persons under 18 years of age employed by him/her, including their name, age and date of birth. Such records shall be supplied to labour inspection officials and other relevant officials.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the other matters raised in its previous comments.

• Article 1 of the Convention. 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(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 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the establishment of the Office of Child Labour Protection and Trafficking in Person Prevention in 2006. It also noted that, from 2000–04, the Department of Labour (within the Ministry of Labour and Social Welfare), conducted a National Programme for the Prevention and Elimination of Child Labour in collaboration with ILO–IPEC.

The Committee notes the Government’s statement that awareness-raising measures on child labour have been implemented. In this regard, the Committee notes the information from ILO–IPEC that the Department of Labour held an event in June 2011 for the World Day Against Child Labour. Over 350 people attended this event, including government officials, workers’ and employers’ representatives, non-governmental organizations (NGOs) and UN personnel, representatives of local administration and 250 children. The Committee also notes the Government’s indication that child labour issues were discussed by the central government and authorities at the provincial level, and a meeting was organized between stakeholders and law enforcement authorities. In addition, the Committee notes the information from the ILO Subregional Office in Bangkok that ILO–IPEC recommenced operating in the country in mid-2010, and that there is a new Memorandum of Understanding between the Government and the ILO to undertake work in the area of child labour. The Committee requests the Government to continue to provide information on measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with the ILO, as well as the impact achieved.

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. In this regard, the Committee reminded the Government that the Convention applies to all branches of economic activity not expressly excluded under Article 5 of the Convention, and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not.

The Committee notes the Government’s statement that labour inspections are conducted in the informal economy. However, the Government indicates that the labour inspectorate is not proactive in the informal economy, but that it will consider strengthening the capacity of labour inspection services in order to deal with this issue. The Committee also notes the Government’s statement that it is currently considering comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law, which it aims to complete by 2012. The Government states that this law will address issues that are not dealt with by the current Labour Law. The Government further indicates that a tripartite committee has been set up to work on this draft law. The Committee encourages the Government to consider, in the context of reforms to the Labour Law and the development of the Labour Protection Law, the Committee’s comments concerning the application of the Convention to forms of work performed outside the framework of a formal employment relationship. It requests the Government to provide information on developments in this regard. The Committee also requests the Government to pursue its efforts 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 sector.

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. Moreover, section 5 of the Protection of the Rights and Interests of Children Act outlines that children have a duty to complete at least primary school. However, the Committee also noted the information in the Education for All National Plan of Action 2003–15, released by the Ministry of Education in 2005, that compulsory schooling only lasts from the age of 6 to 11 years. The Committee observed that while the requirement of Article 2(3) of the Convention was fulfilled (as the specified minimum age for employment (14 years) is not less than the earliest age of completion of primary education (11 years)), it emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of inactivity. The Committee therefore indicated that it was desirable to ensure that compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146.

The Committee notes the Government’s statement that the Ministry of Education has a special policy to promote access to education for children from poor families, including not only primary compulsory education, but also upper secondary school. In this regard, the Committee notes the Government’s indication that low enrolment and completion rates in primary education are concentrated among children in rural, remote and specific ethnic group areas, and particularly among children from low income families. However, the Committee notes an absence of information in the Government’s report concerning any measures taken or envisaged to raise the age of completion of compulsory education. In this regard, the Committee notes 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). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to indicate the measures taken or envisaged to ensure compulsory education up to 14 years, in line with the minimum age for admission to 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 requested the Government to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application.

The Committee notes the Government’s statement that it will consider making another declaration to lift this limitation. In this regard, the Committee notes the Government’s statement in its report to the CRC of 10 August 2010 that, with regard to preventing child labour, the problem relates to work performed within family. The Government indicates in this report that nearly 85 per cent of the population work on the land, and, within that environment, children take part in the family’s daily work. The Government states in this report this involvement may have a negative impact on their schooling (CRC/C/LAO/2, paragraph 152). In this regard, 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. It requests the Government to continue to provide information on progress made to this end.

Article 6. Vocational training and apprenticeship. The Committee previously observed a lack of information from the Government on the minimum age for admission to apprenticeships. The Committee notes that, in this regard, the Government’s report refers to section 16 of the Decree on Technical and Vocational Education and Training and Skills Development. 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 provide a copy of the Decree on Technical and Vocational Education and Training and Skills Development with its next report.

Article 7. Light work. The Committee previously observed that, according to information from UNICEF, approximately 25 per cent of children between the ages of 5 and 14 were engaged in child labour during the 1999–2007 period. However, the Committee observed that the national legislation did not contain provisions for the performance of light work for children under the minimum age of 14 years.

The Committee notes the Government’s indication that the issue of light work may be considered during the comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention, which provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee encourages the Government to consider, within the framework of the ongoing labour law reforms, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention.

Article 9(3). Keeping of registers. The Committee previously requested information on the measures taken to ensure conformity with Article 9(3) of the Convention. The Committee notes the Government’s statement that, at the moment, the Labour Law does not require employers to keep registers and documents of persons employed or working for him/her. However, the Government indicates that, in revising the Labour Law, it will take this matter into consideration. The Committee requests the Government to take the necessary measures, within the framework of revisions to the Labour Law, to ensure that employers maintain and make available registers (or other documents) containing the name and ages of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that SIMPOC was conducting a national child labour survey. The Committee notes the statement in the Government’s report that the SIMPOC survey has been completed, and the data is current being analysed. The Government indicates that the report will be finished by the end of 2011. The Committee requests the Government to provide a copy of the SIMPOC survey report, once finalized.

The Committee encourages the Government to take into consideration, during its review of the Labour Law, the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites it to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the establishment of the Office of Child Labour Protection and Trafficking in Person Prevention in 2006. It also noted that, from 2000–04, the Department of Labour (within the Ministry of Labour and Social Welfare), conducted a National Programme for the Prevention and Elimination of Child Labour in collaboration with ILO–IPEC.

The Committee notes the Government’s statement that awareness-raising measures on child labour have been implemented. In this regard, the Committee notes the information from ILO–IPEC that the Department of Labour held an event in June 2011 for the World Day Against Child Labour. Over 350 people attended this event, including government officials, workers’ and employers’ representatives, non-governmental organizations (NGOs) and UN personnel, representatives of local administration and 250 children. The Committee also notes the Government’s indication that child labour issues were discussed by the central government and authorities at the provincial level, and a meeting was organized between stakeholders and law enforcement authorities. In addition, the Committee notes the information from the ILO Subregional Office in Bangkok that ILO–IPEC recommenced operating in the country in mid-2010, and that there is a new Memorandum of Understanding between the Government and the ILO to undertake work in the area of child labour. The Committee requests the Government to continue to provide information on measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with the ILO, as well as the impact achieved.

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. In this regard, the Committee reminded the Government that the Convention applies to all branches of economic activity not expressly excluded under Article 5 of the Convention, and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not.

The Committee notes the Government’s statement that labour inspections are conducted in the informal economy. However, the Government indicates that the labour inspectorate is not proactive in the informal economy, but that it will consider strengthening the capacity of labour inspection services in order to deal with this issue. The Committee also notes the Government’s statement that it is currently considering comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law, which it aims to complete by 2012. The Government states that this law will address issues that are not dealt with by the current Labour Law. The Government further indicates that a tripartite committee has been set up to work on this draft law. The Committee encourages the Government to consider, in the context of reforms to the Labour Law and the development of the Labour Protection Law, the Committee’s comments concerning the application of the Convention to forms of work performed outside the framework of a formal employment relationship. It requests the Government to provide information on developments in this regard. The Committee also requests the Government to pursue its efforts 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 sector.

Article 2(1) and (4). Minimum age for admission to employment or work. The Committee previously noted that at the time of ratification of the Convention, the Government specified 14 years as the applicable minimum age for admission to work or employment. It requested the Government to indicate whether consultations with employers’ and workers’ organizations were held in this regard, in accordance with Article 2(4) of the Convention. The Committee notes the Government’s indication that a tripartite meeting was held in the determination of the minimum age of 14 years of age.

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. Moreover, section 5 of the Protection of the Rights and Interests of Children Act outlines that children have a duty to complete at least primary school. However, the Committee also noted the information in the Education for All National Plan of Action 2003–15, released by the Ministry of Education in 2005, that compulsory schooling only lasts from the age of 6 to 11 years. The Committee observed that while the requirement of Article 2(3) of the Convention was fulfilled (as the specified minimum age for employment (14 years) is not less than the earliest age of completion of primary education (11 years)), it emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of inactivity. The Committee therefore indicated that it was desirable to ensure that compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146.

The Committee notes the Government’s statement that the Ministry of Education has a special policy to promote access to education for children from poor families, including not only primary compulsory education, but also upper secondary school. In this regard, the Committee notes the Government’s indication that low enrolment and completion rates in primary education are concentrated among children in rural, remote and specific ethnic group areas, and particularly among children from low income families. However, the Committee notes an absence of information in the Government’s report concerning any measures taken or envisaged to raise the age of completion of compulsory education. In this regard, the Committee notes 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). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to indicate the measures taken or envisaged to ensure compulsory education up to 14 years, in line with the minimum age for admission to work. It requests the Government to provide information on any measures taken in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted a list of types of hazardous work prohibited to persons under 18, contained in section 41 of the Labour Law. It requested the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned. The Committee notes the Government’s indication that in determining the types of hazardous work prohibited to persons under 18 years of age, a tripartite meeting was held.

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 requested the Government to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application.

The Committee notes the Government’s statement that it will consider making another declaration to lift this limitation. In this regard, the Committee notes the Government’s statement in its report to the CRC of 10 August 2010 that, with regard to preventing child labour, the problem relates to work performed within family. The Government indicates in this report that nearly 85 per cent of the population work on the land, and, within that environment, children take part in the family’s daily work. The Government states in this report this involvement may have a negative impact on their schooling (CRC/C/LAO/2, paragraph 152). In this regard, 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. It requests the Government to continue to provide information on progress made to this end.

Article 6. Vocational training and apprenticeship. The Committee previously observed a lack of information from the Government on the minimum age for admission to apprenticeships. The Committee notes that, in this regard, the Government’s report refers to section 16 of the Decree on Technical and Vocational Education and Training and Skills Development. 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 provide a copy of the Decree on Technical and Vocational Education and Training and Skills Development with its next report.

Article 7. Light work. The Committee previously observed that, according to information from UNICEF, approximately 25 per cent of children between the ages of 5 and 14 were engaged in child labour during the 1999–2007 period. However, the Committee observed that the national legislation did not contain provisions for the performance of light work for children under the minimum age of 14 years.

The Committee notes the Government’s indication that the issue of light work may be considered during the comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention, which provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee encourages the Government to consider, within the framework of the ongoing labour law reforms, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention.

Article 9(3). Keeping of registers. The Committee previously requested information on the measures taken to ensure conformity with Article 9(3) of the Convention. The Committee notes the Government’s statement that, at the moment, the Labour Law does not require employers to keep registers and documents of persons employed or working for him/her. However, the Government indicates that, in revising the Labour Law, it will take this matter into consideration. The Committee requests the Government to take the necessary measures, within the framework of revisions to the Labour Law, to ensure that employers maintain and make available registers (or other documents) containing the name and ages of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that SIMPOC was conducting a national child labour survey. The Committee notes the statement in the Government’s report that the SIMPOC survey has been completed, and the data is current being analysed. The Government indicates that the report will be finished by the end of 2011. The Committee requests the Government to provide a copy of the SIMPOC survey report, once finalized.

The Committee encourages the Government to take into consideration, during its review of the Labour Law, the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites it to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information in the Government’s report on the establishment of the Office of Child Labour Protection and Trafficking in Person Prevention, established in 2006, which represents the Committee on Child Labour Employment Protection and acts as a focal point for ILO–IPEC and other programmes on child labour. The Committee also notes that, from 2000–04, the Department of Labour (within the Ministry of Labour and Social Welfare (MoLSW)), in collaboration with ILO–IPEC, conducted a National Programme for the Prevention and Elimination of Child Labour (the NPCL). The NPCL involved capacity building, strengthening the coordination and communication between different levels of government, as well as between the Government and ILO–IPEC, and a national workshop to strengthen the coordination network among key stakeholders. The NPCL also involved ILO–IPEC field visits to textile, agricultural and paper factories, a campaign to raise awareness of child labour issues in the Lao People’s Democratic Republic (Lao PDR), activities to prevent children from becoming domestic workers, and support for the MoLSW in the coordination of the fight against child labour. The Committee takes due note of this information and requests the Government to continue providing information on the abovementioned projects and the results attained, specifying their contribution to the effective abolition of child labour

Article 2, paragraph 1. Scope of application. The Committee notes that the Labour Act, pursuant to section 6, applies only to employees and employers who carry out activities in labour units. Pursuant to section 2 of the Labour Act, an employer is defined as a person or organization using employees for its activities by paying wages, and providing benefits to the employees as regulated by laws, regulations and the employment contract. An employee is defined as a person working under the supervision of an employer while receiving compensation for work through salary or wages and benefits as regulated by laws, regulations and the employment contract. Section 3 of the Labour Act further provides that work must be conducted under an employment contract between the employee and the employer. Therefore, the Labour Act appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application. The Committee reminds the Government that the Convention applies to all branches of economic activity not expressly excluded under Article 5 of the Convention, and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. The Committee accordingly requests the Government to provide information on the manner in which children who are not bound by an employment relationship and contract are given the protection provided for in the Convention.

Article 2, paragraphs 1 and 4. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification of the Convention, the Government specified 14 years as the applicable minimum age for admission to work or employment, in accordance with Article 2(4) of the Convention. It notes that, by virtue of section 41 of the Amended Labour Law, No. 06/NA, 2006 (the Labour Act), an employer may employ children who are at least 14 years of age and less than 18 years of age, provided that they do not work for more than eight hours a day and are not employed in sectors involving the performance of heavy work or work that is dangerous to their health. The Committee requests the Government to indicate whether consultations with employers' and workers' organizations were held in determining the minimum age of admission to employment or work.

Article 2. paragraph 3. Age of completion of compulsory education. The Committee notes that section 22 of the Constitution of Lao PDR (the Constitution) states that the Government attends to the development of education and implements compulsory primary education. By virtue of section 38 of the Constitution, all citizens have a right to receive education. Section 5 of the Protection of the Rights and Interests of Children Act (the PRIC Act) outlines that children have a duty to complete at least primary school. The Committee also notes that the government report refers to the Education Act No. 04/Na of 3 July 2007, and notes information in the Government’s report that children are entitled to free and compulsory primary education. This goal is pursued through the Education for All National Plan of Action 2003–15 (EFA NPA), released by the Ministry of Education in 2005. The EFA NPA indicates that compulsory schooling consists of five years of schooling and generally begins at the age of six. The Committee further notes that the National Growth and Poverty Eradication Strategy (NGPES) indicates that the Compulsory Education Decree of 1996 (No. 138/PMO/96, 15 August 1996) mandates participation in primary schooling and does not allow students to drop out until they have completed the course or reached the age of 14. According to the UNESCO report entitled “Secondary education regional information base country profile Lao PDR” (hereinafter referred to as the UNESCO report) issued in 2009, compulsory schooling lasts from the ages of 6 to 11, though schooling is free through the ages of 6 and 14 (primary and lower secondary education).

The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the specified minimum age for employment (14 years) is not less than the earliest age of completion of primary education (11 years). The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure that compulsory education is up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee encourages the Government to pursue efforts to ensure compulsory education up to 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard. The Committee also asks the Government to provide copies of the Education Act No. 04/Na of 3 July 2007 and the Compulsory School Act 1996.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes the Government’s information that, pursuant to section 41 of the Labour Act, an employer may not employ children between the ages of 14 and 18 in work that involves the performance of heavy work or work that is dangerous to their health, which are listed as: all types of mining, production activities that use chemicals, explosives or toxic substances, work involving the handling of human corpses, overtime work, work in environments with excessive noise, work in places serving alcohol or with gambling; work at night between 10 p.m. to 5 a.m.; and work specified in section 16 of the Labour Act. Section 16 of the Labour Act prescribes guidelines for the maximum number of hours of work per week, and prescribes a maximum of six hours per day and thirty-six hours per week in various types of hazardous work, such as work underground, work in extreme temperatures, and work with exposure to radiation, vapour or dangerous chemicals. The Committee asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 5. Limitation of the scope of application of the Convention. The Committee notes 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 notes that these sectors correspond to the scope of obligatory coverage pursuant to Article 5(3) of the Convention. The Committee requests the Government to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application, as well as all progress made towards a wider application of the provisions of the Convention, in conformity with Article 5, paragraph 4(a), of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes the information in the Government’s report that, under the National Socio-Economic Development Plan 2006–10, mechanisms for the promotion of vocational training for workers to increase employability will be implemented, that the private sector (domestic and foreign) will be encouraged to take part in vocational training and that training centres will be developed in three regions of Lao PDR. The Committee also notes the Government’s indication that the improvement of vocational training and the creation of employment opportunities for young people is a governmental focus for future action. The Committee further notes the information in the EFA NPA that the possibility of secondary vocational school is offered to students following the completion of lower secondary school, usually starting at age 14. In addition, the Committee notes that vocational training and technical training is offered following the completion of upper secondary school, typically starting at age 17.

The Committee notes that the Government provides no information regarding the minimum age for entering an apprenticeship programme. The Committee recalls 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 provide information on the minimum age for entering an apprenticeship programme.

Article 7. Light work. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee nonetheless notes that, according to information from UNICEF, approximately 25 per cent of children between the ages of 5 and 14 were engaged in child labour during the 1999–2007 period. The Committee recalls that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 12 years and above.

Article 9, paragraph 1. Penalties. The Committee notes that, pursuant to section 76 of the Labour Act, an individual or legal entity who violates the provisions in the Labour Act shall be re-educated, warned, fined, subject to temporary suspension of business, subject to withdrawal of business licence or brought to court proceedings based on the nature of the offence, which includes paying compensation for the civil damage caused, as regulated by the laws and regulations. The Committee also notes that section 83 of the PRIC Act prescribes re-education measures for individuals or organizations that employ a child under 14 years of age. Section 84 of the PRIC Act provides for administrative measures for individuals or organizations that continue to violate the provisions of section 83 following re-education, or those who employ children over the limit of hours, or employ children to perform heavy work (as prescribed by the Labour Law). Those who violate section 84 may also be subject to suspension or withdrawal of their business licence. Section 87 of the PRIC Act mandates punitive measures: “[a]ny person using child labour in hazardous sectors, and who has been subject to administrative measures but has repeated the offence, shall be punished by imprisonment from three months to one year and fined from 1,000,000 kip to 2,000,000 kip [8500 kip is equivalent to US$1]. If such use of child labour causes disability or death to the child, [such person] shall be punished by imprisonment from three years to seven years and fined from 3,000,000 Kip to 7,000,000 Kip”. The Committee takes due note of this information.

Article 9, paragraph 3. Keeping of registers. The Committee notes that the Government’s report contains no information on legislative or regulatory provisions requiring the employer to keep registers and documents of persons employed or working under him/her. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the name and ages, or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes that, pursuant to section 71 and section 66 of the Labour Act, the competent labour inspection authority is the labour administration agency, which is comprised of the MoLSW as well as labour and social welfare divisions at the local and regional levels of government. Pursuant to section 72 of the Labour Act, the labour inspection authority is charged with, among other duties, inspecting the implementation of labour laws and regulations, workplace safety and health, and pursuant to 72(4), the use of female and child labour. Section 75 of the Labour Act provides for three types of labour inspections: regular (planned) inspections, follow-up inspections, and emergency (without advance notice) inspections.

The Committee notes that the PRIC Act also provides several mechanisms for inspection. Section 40 of the PRIC Act provides for urgent measures, including inspection, by the Committee on Protection and Assistance to Children upon discovering, or receiving a report on a child in need of special protection, in order to remove the child from such harm. Further, pertaining to child offenders in vocational and technical centres, section 77 of the PRIC Act states that the “[t]he State pays attention to the regular monitoring and inspection of vocational training by assigning the offices of the Public Prosecutor, in collaboration with other relevant agencies, to monitor and inspect the performance of duties of these vocational training centres, in order to ensure that the centres carry out their duties and activities effectively and in conformity with the laws and regulations”. The Committee notes this information.

Part V of the report form. Application of the Convention in practice. The Committee notes the information in the 2005 Population Census, conducted by the National Statistics Centre, that 120,366 children between the ages of 10 and 14 were engaged in unpaid family economic activity, and 9 271 children were working on their own account. The Committee further notes that SIMPOC is currently conducting a national child labour survey. The Committee requests the Government to provide information from this survey when it is completed. The Committee also requests the Government to provide information on the manner in which the Convention is applied, including 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 violations detected involving children and young persons.