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

Other comments on C138

Observation

Direct Request

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Article 2 of the Convention. 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 Committee notes the Government’s information that it has conducted a review of the Labour Law of 1997 in the framework of the ILO–IPEC Time-bound Programme (TBP-Phase II) entitled “A Review of the Legislative Framework on Child Labour in Cambodia” (Review). This review aims and has drafted amendments to Cambodian labour law to ensure the application of the minimum age for admission to all types of work outside an employment relationship, including self-employment. The Committee recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee requests the Government to indicate how the envisaged amendments to Cambodian labour law will extend the protection of the Convention to children under the minimum age working outside of an employment relationship. It also requests the Government to take measures to ensure that such amendments are adopted in the near future.

Article 2(2), (3) and (5). Raising the minimum age for admission to employment or work and 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 observed that if children start school at 6 years of age, they will complete compulsory schooling at 15 years of age. The Committee noted 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 recalled that, at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The Committee also recalled that under Article 2(3) of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. 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 asked 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.

The Committee notes the Government’s information that the minimum age for employment or work in Cambodia is 15 years, and that in all the circulars and documents being issued by the Government, such as in the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA), the minimum age of 15 is now accordingly being referred to. The Committee notes with interest the Government’s indication that it therefore renounces its right to avail itself of the possibility of specifying a minimum age of 14 years, as of 12 June 2011. The Committee takes the opportunity to draw the Government’s attention to Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

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 notes the Government’s information that the Review envisages to cover persons under 18 working as domestics and household servants under section 8 of the Labour Law, which concerns child labour. The Committee requests the Government to indicate whether the amendments to the Labour Law envisaged in the framework of the Review will extend the protection of the Convention to domestic workers and household servants under the minimum age for admission to work.

Article 7(2) and (3). Light work. The Committee had previously noted the Government’s indication that a draft ministerial order (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 noted 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 12–14 years was pending approval.

The Committee notes the Government’s information that the PRAKAS No. 002 on the determination of types of light work and employment in which children who have attained 12 to 15 years may be hired has been issued on 8 January 2008. The Committee requests the Government to provide a copy of the PRAKAS relating to light work with its next report.

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 61–62), the Committee on the Rights of the Child (CRC) expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. The Committee noted that Cambodia has the largest proportion of economically active 10 to 14 year-olds in East and South-East Asia. The Committee noted the Government’s information that it has taken several national policies and programmes to protect underage children from working. Furthermore, the Government intended to provide access to quality education for all children through its Education for All National Plan (2003–15).

The Committee notes the Government’s information on the several measures it continues to undertake to combat child labour. These measures include discussions for the adoption of a second NPA for 2013–16 which aims to reduce overall child labour to 8 per cent by 2015. Moreover, the issue of child labour has been integrated as a key objective of the National Social Protection Strategy and child workers have been identified as a separate vulnerable group in the Education Strategic Plan II of 2009–13. The Government also indicates that employers’ and workers’ organizations are making separate bipartite and tripartite efforts to reduce and end child labour in the country. The Committee notes the Government’s information that the impact of these initiatives is beginning to be seen. For example, the salt sector will be declared free of child labour in the next year. Similarly, the province of Kep and the porter sector in the municipality of Poipet will be free of child labour by 12 June 2012 and, according to the Government, the on-going work in Phnom Penh and Siem Reap is beginning to show that the touristic parts of these two cities would also be free of child labour by June 2012.

However, the Committee notes that, in its concluding observations of 20 June 2011, the CRC expresses concern that over 1.5 million children are still economically active in Cambodia. Moreover, the Government indicates that exact statistical data will be obtained through the Labour Force and Child Labour Survey, which is being conducted by the National Institute of Statistics of the Ministry of Planning with the support of ILO–IPEC–SIMPOC, within the framework of the TBP-Phase II. While noting the measures taken by the Government to abolish child labour, the Committee expresses its concern at the number of children who are compelled to work in Cambodia and urges the Government to redouble its efforts to combat child labour. The Committee requests the Government to continue providing information on the impact of its measures on the elimination of child labour. The Committee also requests the Government to provide a copy of the results of the Labour Force and Child Labour Survey, once it is finalized. To the extent possible, all information provided should be disaggregated by age and sex.