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Minimum Age Convention, 1973 (No. 138) - Brunei Darussalam (RATIFICATION: 2011)

Other comments on C138

Direct Request

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The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the adoption of the Brunei Darussalam’s National Vision (Wawasan) 2035, which aims to achieve highly educated, skilled and accomplished people. The Committee notes the adoption of the National Framework on Child Protection towards achieving Brunei Vision 2035, which includes among its objectives that all children and young persons who may need protection are not left behind, including by ensuring an agreed and transparent standard operating procedure across agencies involved in child protection. The Committee requests the Government to indicate if, under the National Framework on Child Protection, measures concerning the elimination of child labour have been taken or envisaged and, if so, to provide information in this regard.

Article 2(1). Scope of application. Self-employment and family undertakings. The Committee previously noted that according to section 9(1) of the Employment Order, 2009, no person under the age of 16 years can enter into a contract or service. The Committee also noted that, under section 103(2), a child (defined by section 2 as a person who has not attained the age of 15 years) may be employed in an industrial undertaking in which only members of the same family are employed. The Committee recalls that the Government specified 16 years as the minimum age for admission to employment or work upon ratification of the Convention. Therefore, the Committee requests the Government to take measures to ensure that only children who have attained the minimum age of 16 years can engage in self-employed activities or work in family undertakings. The Committee requests the Government to provide information in this respect.

Article 2(3) Age of completion of compulsory education. In its previous comments, the Committee noted that section 2 of the Compulsory Education Act (Cap. 211) makes education compulsory from the age of 6 to 15 years. The Committee also noted that, pursuant to section 3(1) (b), only children who are citizens of Brunei Darussalam are covered by the Act. The Committee once again requests the Government to indicate the measures taken to ensure that children who are not citizens are guaranteed compulsory education from the age of 6 to 15 years as other children in the country.

Article 3(2). Determination of hazardous work. The Committee previously noted that according to section 104(2) of the Employment Order, 2009, the Minister of Home Affairs shall declare the industrial undertakings in which no young person (defined by section 2 as persons between the ages of 15 and 18 years) shall be employed. In this regard, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 6. Vocational training. The Committee previously noted that according to section 107(1) of the Employment Order, 2009, the prohibition to employ a child below the age of 15 years in industrial undertakings (section 103 of the Order) does not apply to the employment of children in any work approved and supervised by the Ministry of Education, the Institute of Technical Education or any authorised government agency; as well as to work carried out in any technical, vocational or industrial training school or institute. The Committee recalls that, Article 6(1) of the Convention only permits that children who have attained the age of 14 years undertake work for general, vocational or technical education or in other training institutions authorized by the competent authority. Therefore, the Committee once again requests the Government to take the necessary measures to bring section 107(1) of the Employment Order, 2009 in conformity with Article 6(1) of the Convention in order to ensure that no child under the age of 14 years may undertake work for general, vocational or technical education purposes.

Article 7(3). Light work. The Committee previously noted that according to section 103 (3) of the Employment Order, 2009, a child who has attained the age of 14 years may be employed in light work suited to his capacity in an undertaking which is not an industrial undertaking, as defined by section 2 of the Order. The Committee notes that according to section 105 of the Order the Minister of Home Affairs shall prescribe the conditions upon which a child can be employed in non-industrial undertakings. The Committee once again requests the Government to take the necessary measures to determine the types of light work activities permitted for persons between the ages of 14 to 16 years. The Committee also requests the Government to indicate any regulation adopted by the Minister of Home Affairs concerning the number of hours during which, and the conditions in which, light work may be undertaken, as required by Article 7 (3) of the Convention.

Article 9(1). Penalties. The Committee previously noted that section 110 of the Employment Order, 2009 provides that the person who employs a child or young person contravening the Order, and the parent or guardian who knowingly or negligently permits such employment is liable to a fine or imprisonment for up to two years, or both. In cases where a child suffers serious injury or death resulting from such an offence, the offender is liable on a further conviction to a fine and imprisonment for up to two years. The Committee once again requests the Government to provide information on the application in practice of section 110 of the Employment Order, 2009, including information on the number and nature of penalties imposed on the basis of that provision.

Article 9(3). Keeping of registers. The Committee previously noted that, according to section 120(1)(b) of the Employment Order, 2009, in the course of an inspection, the employer may be required to produce, among others, contracts of service and registers concerning any or all of his employees. The Committee once again requests the Government to indicate if the registers or lists required under section 120(1)(b) of the Employment Order, 2009, include information regarding the names and ages or dates of birth of employed persons who are less than 18 years of age, duly certified wherever possible, as required under Article 9(3) of the Convention.