Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 138) sur l'âge minimum, 1973 - Cambodge (Ratification: 1999)

Article 2 of the Convention. 1. Scope of application. The Committee had previously noted that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It had further noted the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement was met with some difficulties. The Government therefore decided to take advantage of Article 2, paragraph 4, of the Convention and initially specified a minimum age of 14 years for admission to employment or work. The Committee recalled that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee notes that the Government indicates, in its report, that Cambodia has committed to implement the Convention as a general instrument covering all employment or work, to workers under an employment contract or self-employed, remunerated or not, including within a family undertaking and on means of transport. The Committee requests the Government to indicate which national legislative provisions or measures ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

2. Age of completion of compulsory schooling. In its previous comments, the Committee had noted the information provided by the Government that “schooling is compulsory for nine years and primary and secondary schools are free” (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also noted that in its report to the Committee on the Rights of the Child (CRC/C/11/Add. 16, paragraph 190), the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observed that if children start school at 6 years of age, they will complete compulsory schooling at 15 years of age. The Committee notes the Government’s information that the minimum age for employment as provided for in the Labour Law (15 years), is the same as the age of completion of compulsory schooling in Cambodia. However, the Committee once again recalls that, at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The Committee also once again recalls that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. Therefore, and in view of the Government’s indication that the enforcement of the provisions of the Labour Law concerning the minimum age for employment (15 years) is difficult, the Committee once again asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age.

Article 3, paragraphs 2 and 3. Determination of types of hazardous work and authorization to work from the age of 16 years. The Committee had previously noted the Government’s statement that section 177(2) of the Labour Law stipulates that the minimum allowable age for any kind of employment or work which, by its nature, could be hazardous to the health, safety or morality of an adolescent, is 18 years. This provision also provides that the types of employment or work which by their nature could be hazardous to the health, safety or morality of an adolescent shall be determined by ministerial order (PRAKAS) of the Ministry of Labour, in consultation with the Labour Advisory Committee. The Committee had noted that a draft PRAKAS on the prohibition of hazardous child labour was being elaborated with the technical assistance of the ILO.

The Committee notes with interest the Government’s information that, in consultation with the employers’ and workers’ organizations, the Ministry of Labour and Vocational Training adopted the PRAKAS on the Prohibition of Hazardous Child Labour of 28 April 2004. The Committee notes that the PRAKAS contains an extensive list of the types of hazardous work which could jeopardize the health, safety or morals of children under 18 years of age, including deep-sea and offshore fishing, charcoal burning, firefighting, maintenance of heavy machinery, work involving exposure to harmful chemical, physical, electromagnetic or ionizing agents, work as embalmers, and many more. The Committee further notes that the PRAKAS also provides that the Ministry of Social Affairs Labour, Vocational Training and Youth Rehabilitation (MoSALVY) may authorize the admission to hazardous work of persons who have reached 16 years of age. The PRAKAS also stipulates that the MoSALVY shall only act upon individual applications to allow the employment of children who have reached 16 years of age in hazardous work, and shall consult with the Labour Advisory Committee before issuing an authorization. Furthermore, the Committee notes that the authorization shall not be issued unless the Ministry is satisfied that the applicant employer will fully guarantee the health, safety and morals of the young person and provide specific and adequate training in the area for which the young person will be employed.

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

Article 7, paragraphs 2 and 3. Light work. The Committee had previously noted the Government’s indication that a draft PRAKAS to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work, was in preparation. The Committee had observed that this draft PRAKAS has been discussed in the child labour working group and the national subcommittee on child labour and would be issued after technical advice from the ILO. It notes that, according to the Summary Outline for the ILO/IPEC Action Programme “An Awareness and Advocacy Campaign Against Child Labour in Cambodia” of 1 January 2007, the PRAKAS defining light work for children aged 12 to 14 years is pending approval. The Committee once again requests the Government to provide a copy of the PRAKAS relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. Practical application of the Convention. In its previous comments, the Committee had noted that, in its concluding observations on the initial report of Cambodia (CRC/C/15/Add. 128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. The Committee notes that, according to the Summary Outline for the ILO/IPEC Action Programme “An Awareness and Advocacy Campaign Against Child Labour in Cambodia” of 1 January 2007, Cambodia has the largest proportion of economically active 10 to 14 year olds in East and South-east Asia. The agricultural sector (agriculture, forestry, hunting and fishing) alone accounts for seven out of every ten child workers aged 5 to 17 years. The Committee notes the Government’s information that it has taken several national policies and programmes to protect underage children from working. Among others, the National Poverty Reduction Strategy (NPRS) and the 2003 Cambodian Millennium Development Goals (CMDG) contain specific child labour reduction targets. The CMDG document targets a reduction in the proportion of 5–17 year old working children from
16.5 per cent in 1999, to 13 per cent in 2005, to 10.6 per cent in 2010, and to
8 per cent in 2015. Furthermore, the Government intends to provide access to quality education for all children through its Education for All National Plan
(2003–15). While noting the Government’s various initiatives in this domain, the Committee must once again express its concern about the situation of young children in Cambodia who are compelled to work. The Committee therefore urges the Government to renew its efforts to improve the situation of child labour in Cambodia. It requests the Government to provide information on the impact of the CMDG, the NPRS and the Education for All National Plan on the elimination of child labour. Furthermore, the Committee once again requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.