Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



The Government provided the following written information.

With regard to the issue of the sale and trafficking of children, the Government indicates that it has been working very hard to prevent and eliminate this phenomenon. As a result, 95 actions have been taken in 2014 in all 25 provinces by the National Police and Royal Armed Forces. 127 suspects have been sent to the Municipal Court of First Instance. As reported by the National Committee for Counter Trafficking (NCCT) in 2014, there are 412 people that have been saved from human trafficking, of whom 67 persons are aged below 15 years of age and 36 persons are aged between 15 and 18 years of age. These people have been transferred to the Department of Social Affairs, Veterans and Youth Rehabilitation, organizations and their families for safeguard. In addition, the Government has continued strengthening effective law enforcement and taking measures to ensure the robust prosecution of offenders. In this regard, the Action Plan of the NCCT 2014–18 was adopted in early 2015. This Action Plan is a significant roadmap to contribute to the eradication of all forms of child labour and exploitation of children under its four key strategies namely: (1) strengthening law, policy and enhancing cooperation; (2) enhancing prevention; (3) enhancing the criminal justice response to human trafficking; and (4) protecting victims through quality support appropriate to their gender and age. Regarding the issue of compulsory labour exacted in drug rehabilitation centres, the Government indicates that children under the ages of 18 years are not permitted to be in drug rehabilitation centres. Instead of being detained in drug rehabilitation centres, they are sent to different organizations or orphanages for their rehabilitation in which they are not subjected to the obligation to perform work. Finally, the Government indicates that it has been fully engaged in improving the national education system through reforms by the Ministry of Education, Youth and Sports (MoEYS) in accordance with the National Strategic Development Plan 2014–18. MoEYS has been implementing the 3rd Education Strategic Plan 2014–18 in which the numbers of schools and students have increased gradually. The 2014–15 annual report of MoEYS indicates that 31 out of 72 education policies have been completely implemented, 61.4 per cent out of 66 per cent of the target of all forms of educational services provided for children aged 5 has been achieved, the drop-out rate at primary school level has been reduced from 10.5 per cent in 2013–14 to 8.3 per cent in 2014–15, the drop-out rate at secondary school level has fallen from 21.2 per cent in 2012–13 to 21 per cent in 2013–14, and the real enrolment rate at the primary school level has risen from 95.3 per cent in 2013–14 to 99.4 per cent in 2014–15.

In addition, before the Committee, a Government representative referred to the recent observation by the Committee of Experts. First, concerning the application of Articles 3(a), 7(1) and 7(2)(a) and (b) of the Convention, he said that the NCCT had been actively implementing activities based on the national Action Plan and its implementation together with the Village/Commune Safety Policy. According to the 2014 annual report of the Ministry of Social Affairs, Veterans and Youth Rehabilitation, seven provincial departments of the Ministry in Phnom Penh, Pursat, Kampot, Kratie, Siem Reap, Svay Reang and Banteay Mean Chey had successfully rescued victims from 346 cases of human trafficking (including child trafficking), 154 of whom had been provided with counselling, education, rehabilitation and vocational skills training. Child labour prevention activities had continued to remove children from the worst forms of child labour and ensure support services, including education, vocational training and reintegration and cooperation had continued with civil society organizations to combat trafficking of women and children and to promote decent work for children. As a result, in 2014, the Ministry of Labour and Vocational Training had removed 12,515 children from the worst forms of child labour and prevented 8,106 children from entering child labour by supporting them and providing them with non-formal education and vocational training. Furthermore, the National Multi-Sectoral Orphans and Vulnerable Children Task Force (NOVCTF) had provided care support at home to orphans, vulnerable children, children living with HIV/AIDS through social counselling and sensitizing children at school for care and treatment, and had provided food, shelter and seed capital for family businesses in target provinces. Second, with respect to the application of Article 3(a) of the Convention, he noted that the Law on Juvenile Justice was still in the drafting stage and the protection and safeguard of minors under detention therefore remained in accordance with Article 67 of the Law on Prisons of 21 November 2011. Third, concerning the application of article 7(2)(a) of the Convention, he explained that, with government support, schools at all educational levels had been built every year and the number of children in school had gradually increased. Simultaneously, private and public schools had been built both in urban and rural areas to provide better access to education. The Sub-national Committee on Combating Child Labour and Other Forms of Exploitation of Children and Women had also been preparing a National Plan of Action on Child Labour Reduction and Elimination of the Worst Forms of Child Labour Phase II (2014–18). In conclusion, he affirmed his Government’s commitment to providing better protection and safeguards to all children in the country and to preventing them from all forms of child labour and child trafficking. The Cambodian National Council for Children (CNCC) was establishing a National Child Protection System to improve networking among all government institutions. Action plans and policies would be adopted to promote child protection and child development throughout the country.

The Worker members noted that Cambodia was still in a situation of serious violation of various fundamental labour Conventions and invited the Government to respond to concerns relating to all of the Conventions indicated by the Committee of Experts. They expressed serious concern at the trafficking of children for sexual and labour exploitation, despite the adoption of a National Plan of Action on Trafficking and Sexual Exploitation of Children. They noted that children from poor families were extremely vulnerable to forced labour, which was particularly prevalent in the forms of domestic servitude and forced begging. Victims of trafficking in children for sex in Cambodia, which remained extremely widespread, included young Cambodian girls, others from ethnic minorities in Viet Nam, and women and children from Viet Nam who were victims of debt bondage. Little action was being taken to bring the perpetrators to justice, protect victims or prevent such crimes. Despite existing legislation, the number of cases of trafficking that had been successfully investigated by the Government, leading to convictions, remained small and had even fallen. This was due to insufficient understanding of the phenomenon of trafficking for labour exploitation, difficulties in gathering evidence and inadequate efforts to protect victims. There had been numerous reports of corrupt officials in Cambodia, Thailand and Malaysia collaborating with labour recruiters to transport victims of trafficking across borders. There were other reports of children under 18 years of age being detained in drug rehabilitation centres operating on the edge of the law after operations to “clean up the streets”, even if they were not drug addicts, who were subjected to physical and psychological abuse. Those centres infringed on a whole series of relevant international humanitarian law standards, including the Forced Labour Convention, 1930 (No. 29), and Convention No. 182. The Worker members emphasized that, according to a report from the United States Department of Labor, half of the children working in Cambodia were employed in agriculture (particularly harvesting sugar cane, a product largely destined for foreign markets), forestry and fishing. Many of these children performed dangerous activities. There were also cases of hazardous work in salt pans, construction and fisheries. This was also the case in the clothing sector, where young girls worked full time, often using dangerous machinery and sometimes even at night, with false identity papers as they were under age. This was due to poverty and the need to contribute to family income, as wages in Cambodia were often too low to meet essential needs. Cambodia was facing a series of challenges in respecting, promoting and realizing certain fundamental workers’ rights, including the elimination of the worst forms of child labour. The Government could and should do more, particularly in terms of putting an end to corruption, which seriously undermined any effort to achieve sustainable solutions. The Worker members expressed their concern at the existence of the worst forms of child labour in the production of goods that endorsed the global supply chain. The Government must ensure full respect for the law, and it was also the responsibility of enterprises to identify and resolve problems promptly.

The Employer members said that the Convention was fundamental because the abuse and exploitation of anyone, particularly children, could not be justified at any level. They could not accept any practice that was in violation of the principles and requirements of the Convention and, in that light, viewed the observation of the Committee of Experts published in 2015 with great concern, particularly because little had changed to alleviate the same concerns expressed by the Committee in 2012. They recalled Articles 1, 3 and 7 of the Convention, the latter of which set out two requirements: that ratifying Governments identified abusive child labour and, as a corollary, that they realized the right to children’s education to ensure decent work. They further recalled certain points in the observation of the Committee of Experts in 2012, in which it had noted that the provisions of the Labour Code of 1997 prohibiting children under 18 years from engaging in hazardous work did not reconcile with findings that children as young as 6 or 7 years of age were engaged in domestic work for 12 to 16 hours a day, seven days a week. The Labour Code appeared to only apply to those with an employment relationship and failed to cover many areas of informal sector work where the most serious child labour problems existed. Furthermore, despite the Government’s information concerning efforts to increase arrests, serious corruption was weakening the efforts that were being made. The Government had provided information concerning an inter-ministerial mechanism to combat the trafficking of women and children, as well as the initiatives by a large number of governmental departments to address trafficking issues. Nevertheless, the Committee of Experts had expressed concern at the low number of actual prosecutions and convictions of traffickers and had urged the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders were carried out. Turning to the current observation of the Committee of Experts, they noted that, according to recent figures, there had been no meaningful improvement concerning the success rate of children saved from trafficking. The implementation of anti-trafficking legislation remained largely ineffective and trafficking of children, particularly for the purpose of sexual exploitation, was continuing. Additional information was needed on the nature and extent of trafficking in the country, which required consistent and standardized approaches to victim identification, data collection and analysis. Moreover, although the Government had taken measures to coordinate national efforts to combat trafficking, further work was needed to convert those efforts and policies into concrete and financially supported action. With respect to concerns about the involuntary admission of persons to drug treatment centres, the Government had provided information concerning different organizations or orphanages that were responsible for rehabilitating detained children, but had not provided assurances that those children were protected from mistreatment. Concerning access to free basic education, the Government had recently provided information that drop-out rates had improved slightly and enrolment at primary school level was nearing 100 per cent. However, it had not addressed the main concerns with respect to the completion of a full programme of education. The Government should be asked to implement new strategies that would produce meaningful results as a matter of urgency.

An observer representing the International Trade Union Confederation (ITUC) welcomed the Government’s policy and the master plan aimed at eliminating the worst forms of child labour by 2015, but said that there was still much to be done. He recalled the 2012 joint survey by the Cambodian Government and the ILO which provided statistics of child workers and those in hazardous jobs. Regarding the worst forms of child labour, he raised three points. First, concerning sex and drug trafficking, young girls had been victimized, forced to work in brothels, and even raped and tortured. The number of arrests of child traffickers reported by the Government did not include the major offenders. He emphasized that child trafficking was well organized and that a strong commitment, manpower and prosecution was required from the Government to combat the major offenders. Second, children were made to work long hours and under hazardous conditions in the construction, agriculture, informal and SME sectors, and received limited attention from the Government. In this regard, the sugar industry was the worst sector of child labour in Cambodia, as children aged 12–17 years were driven by poverty to quit schooling and were made to do heavy work for US$3 a day. Third, because the law restricted employment to those aged 15 years and above, underage workers were found in the garment sectors using fake identification. He referred to the Human Rights Watch Report of 2015, which had found that law enforcement was weakened by the lack of access of children to education, that children were paid less than the minimum wage and that they were instructed to hide from inspectors.

The Employer member of Cambodia emphasized that instances of child labour, including its worst forms, were serious concerns to the Employer members and required the highest attention of all of the tripartite partners in the country, including relevant authorities, as well as the civil society. Gross abuses of children were not acceptable, whether or not they took place in industries. She provided information on several shared efforts with ILO–IPEC to eliminate child labour, including projects to eliminate the worst forms of child labour. The first phase of the project had ended in 2008 and had aimed to strengthen and mobilize capacity, while the second phase extended to 2012. She highlighted the key achievements of the projects, including the development of tools and codes of conduct and of focal points which were provided with tools and education to eliminate child labour. The second phase of the project had continued to focus on building capacity, and had developed a guidebook and awareness-raising packages to be used by employers and workers to disseminate information in industries, including the garment sector. While there was an ongoing engagement between employers and the ILO to combat child labour in Cambodia, further engagement was needed from the tripartite constituents to achieve the full elimination of the worst forms of child labour. The Government needed to move from enacting laws to the enforcement of those laws and should be encouraged to intensify its efforts to eliminate child labour in all its forms. Education and access were essential in this respect, but those reforms would take time before having positive results. She highlighted recent initiatives with employers, including transition measures from primary to secondary school. Other important initiatives included the improvement of the quality of teaching methods, access to education and curriculum design. Any change in the education system would have a marked impact that needed to be managed carefully and strategically. To ensure that young people graduated with relevant labour market tools, the Minister of Education was including vocational training schemes in secondary schools to ensure a more practical education. In the field of education, employers were consulted at all levels and significant positive efforts were under way, but would still take time. It was essential to continue to intensify measures to identify those children most at risk of being trafficked or moved into the worst forms of child labour, and the Employer members were ready to assist. The Cambodian national employment agency had taken innovative steps, working closely with private employment agencies, to disseminate information. There were several opportunities for employers to play a more active role. The elimination of child labour, including its worst forms, needed to be a priority for all constituents, and governments also needed to ensure that the necessary resources were allocated to ensure effective law enforcement and the importance of sanctions.

The Government member of Latvia, speaking on behalf of the European Union (EU) and its Member States, as well as the former Yugoslav Republic of Macedonia, Montenegro, Iceland, Serbia, Albania, Norway, Republic of Moldova and Armenia, said that the EU sought to promote the universal ratification and implementation of the eight fundamental ILO Conventions as part of its human rights strategy. The EU called on all countries to protect and promote all human rights and fundamental freedoms to which their people were entitled. She noted that the Committee of Experts encouraged the Government to strengthen its efforts to combat the sale and trafficking of children through the effective implementation of its anti-trafficking legislation, particularly by enhancing the capacity of law enforcement agencies, including their financial capacity. The EU was concerned by the 2011 concluding observations of the Committee on the Rights of the Child, where the mistreatment of persons in drug retention centres apparently extended to children, and urged the Government to indicate what safeguards existed, in both law and in practice, to ensure that children below the age of 18 years detained in drug rehabilitation centres, who had not been convicted by a court of law, were not subjected to the obligation to perform work. According to an ILO–IPEC survey, the Cambodia Labour Force and Labour Survey 2012, only 3 million out of the 4 million (79 per cent) children aged 5 to 17 years in the country attended school. The EU urged the Government to continue its efforts to reinforce the education system, notably by continuing to increase its financial allocation to the sector and by prioritizing the implementation of its policies to place equitable access, the retention of children in formal education and the quality of education at the centre of its work. Acknowledging the strong leadership of the Government in 2014 in the areas of examination reform, school inspection and teacher policy, which provided a basis for improvement in the sector, she called on the Government to cooperate with the ILO and to respond to the requests of the Committee of Experts and expressed its continued readiness to cooperate with the Government to promote development and the full enjoyment of all human rights.

The Government member of Switzerland supported the statement made by the EU. He expressed great concern about child labour, specifically the sale and trafficking of children. He supported the observations of the Committee of Experts on this issue and said that it was necessary to conduct in-depth investigations. He stressed that all governments should prioritize the education of children. According to the data provided by ILO–IPEC and UNICEF, only around 75 per cent of the children in Cambodia were in school. He encouraged Cambodia to continue its efforts to increase school attendance rates.

The Worker member of Japan referred to statistics provided by the Cambodia Labour Force and Child Labour Survey 2012 and said that those figures were already enough to describe how bad the situation of child labour was in the country; nevertheless, it did not reflect the reality. Thousands of girls and boys were trafficked from, through and within the country every year for the purpose of sexual exploitation and forced labour. Furthermore, over a million children were engaged in child labour, many of them in the worst forms of child labour, including in small enterprises and informal workplaces. Labour inspection, corrective action and accountability were crucial to combating child labour. In 2014, the Cambodian Labour Ministry had taken some positive steps to revamp its monitoring, creating integrated labour inspectorate teams to inspect factories. Those steps were encouraging and overdue, but the Ministry’s efforts continued to be weak in several critical respects: tackling government corruption and collusion with factory management, the lack of transparency about its inspections and outcomes, and poor accountability. He added that the presence of democratic and independent trade unions was essential to eliminating child labour. As monitors of the implementation of the law and collective agreements in the workplace, unions had an important role in combating child labour, alongside employers, by identifying illegal child labour, removing children from the workplace and sending them to school. The high presence of government-dominated trade unions in some sectors, however, allowed the worst forms of child labour to continue unopposed. He therefore urged the Government to ensure that all trade union rights were respected in both law and practice at the earliest date, as this would have a positive impact on the eradication of the worst forms of child labour.

The Government member of Canada recalled that, while Convention No. 182 was one of the most recent ILO Conventions, it had experienced the fastest rate of ratifications and had become one of the eight fundamental Conventions. The Convention addressed egregious activities centred upon some of the most vulnerable people in our societies, namely children. His Government therefore strongly encouraged all States to fully implement its provisions. He welcomed the actions that had already been undertaken to address trafficking and sexual exploitation of children, and to prevent the engagement of children in the worst forms of child labour, by expanding access to early childhood, secondary and post-secondary education, as well as to non-formal, technical and vocational education. While noting positively the efforts focusing on marginalized and vulnerable children and girls who were at risk of dropping out of school, there were still areas where more had to be done, or information had to be provided. He urged the Government to strengthen its efforts to combat the sale and trafficking of children through the implementation of the anti-trafficking legislation, the conduct of investigations, robust prosecutions and the strengthening of law enforcement authorities. He also urged the Government to take action to increase school enrolment, and especially to reduce the drop-out rate at the secondary school level. While noting the information provided by the Government, he indicated that he looked forward to receiving information on the rules governing persons under 18 detained in drug rehabilitation centres, the possible compulsory exaction of child labour in such facilities and the lack of criminal convictions.

The Worker member of the Philippines was alarmed at the high number of out-of-school children in Cambodia. The percentage of girls not attending school was close to 12 per cent. Data also showed that a large proportion of these children (almost 60 per cent) did not attend school because they could not afford to do so or could not access a nearby school. According to UNICEF statistics for 2012, the net attendance rate at primary school, 85.2 per cent for boys and 83.4 per cent for girls, dropped significantly to 45.9 per cent for boys and 44.7 per cent for girls in secondary school. He added that the fact that children and young people were being detained in drug rehabilitation centres could not be ignored. Most persons detained were confined for three to six months, while some detentions lasted up to 18 months. According to government statistics, some 2,200 people were detained in these centres in 2012. The majority of detainees were young men between the ages of 18 and 25, although at least 10 per cent of the total population were children. Under international law, arresting and locking up homeless persons, sex workers, street children or persons with disabilities in drug rehabilitation centres was wholly unacceptable. He therefore asked that all individuals currently detained in Cambodia’s drug rehabilitation centres be immediately and unconditionally released. He added that the expansion of voluntary treatment services should not be a precondition for shutting down and closing inadequate rehabilitation centres. Torture and other ill treatment in these centres were common. Cruel assaults by staff appeared routine and there had been numerous similar cases reported earlier by Human Rights Watch. Bold measures were needed, now more than ever, for a better future for these children and young people.

The Government representative indicated firstly that Mr Kung Atith was not a Cambodian delegate. While taking due note of all the constructive comments made, he observed that some of the information provided was exaggerated and failed to reflect the reality of the situation. The Government was strongly committed to providing better protection and safeguards for children in the country, as well as to preventing their involvement in all forms of child labour and trafficking of persons. The Government continued to strengthen the effective implementation of existing legislation and would endeavour to take further measures. The CNCC was setting up the National Child Protection System in order to ensure close cooperation among government institutions. The CNCC had already been working very closely with the relevant ministries and the social partners for the purposes of promoting child protection. Moreover, despite its limited resources, the NCCT had also been working strenuously to prevent human trafficking and to bring perpetrators to justice. The Government welcomed the collaboration of the national social partners and continued to work closely with the country’s development and social partners. In 2014, 20 per cent of the national budget had been allocated to education and the Government had further increased the allocated budget in 2015. He concluded by expressing his Government’s readiness and commitment to cooperate with the Committee of Experts and to keep it informed of any further progress made.

The Worker members emphasized that the Government needed to be determined to taking urgent, immediate and concrete measures to resolve the serious situation of child labour in Cambodia. They were deeply troubled first and foremost with the absence of a quality national public education system. A combination of corruption and the misuse of resources was depriving many children of a quality education. Instead of education, children were exploited for sex and other worst forms of child labour by criminal networks. They emphasized that children held in drug rehabilitation centres were subjected to forced labour. Children were often forced as the result of the dire poverty of their parents and sometimes worked alongside them, as in the case of agriculture, salt production, fisheries and construction, or they worked on their own in garment factories, using fake identification documents. They therefore urged the Government to immediately end the “clean the streets” operations, immediately release all children held in drug rehabilitation centres, provide medical treatment to those children with actual drug problems by certified medical professionals, and move to close the drug centres completely. They also called for the effective enforcement of anti-trafficking legislation and the provision of information on the progress made in this regard, as well as on the number of investigations, prosecutions, convictions and penal sanctions applied. Inspections should be increased to ensure that workers under the age of 18 were not employed in hazardous work as envisaged by Convention No. 182 and Recommendation No. 190. The Government should work with trade unions and employers to identify the best methods for detecting and eradicating the worst forms of child labour in agriculture and industry. Investment was also needed in quality public education for all children. They called on the Government to accept ILO technical assistance to accomplish these goals.

The Employer members recalled that Convention No. 182 was a fundamental Convention of paramount importance and indicated that the variety of examples that had been mentioned in the discussion showed that the Convention was not being effectively implemented in Cambodia. There were two important areas of focus: the prevention and elimination of trafficking, and the education of children. Moreover, there were concerns with regard to the placement of underprivileged children in drug rehabilitation centres and their poor school attendance rates. The Government had given assurances on a number of programmes, activities and resources that had been established to prevent trafficking and prosecute offenders. The budget for the education system had been increased significantly and there was therefore no excuse for the lack of progress. While aware that building a truly democratic society took time, more still needed to be done. The Employer members agreed with the Worker members on the need for the Government to upgrade the anti-trafficking programmes, provide evidence of significant progress to the Committee, ensure that children were not placed in drug rehabilitation centres, orphanages and other rehabilitation organizations that engaged in practices such as involuntary work, and increase its education budget so as to close the education gap at both the primary and secondary school levels. The Employer members also agreed that ILO technical assistance would be needed to ensure rapid progress.

Conclusions

The Committee took note of the detailed written and oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that ensued relating to the sale and trafficking of children for labour and sexual exploitation, compulsory labour exacted in drug rehabilitation camps, the significant number of children involved in hazardous work in agriculture, salt fields, construction, fisheries and the garment industry, as well as the high number of children not attending school, particularly secondary school.

The Committee noted the detailed information provided by the Government outlining the measures taken to combat the trafficking of children. These included measures to withdraw children under 18 from trafficking and to provide for their rehabilitation and social integration, as well as through the adoption of the Action Plan of the National Committee for Counter Trafficking 2014–18 adopted in early 2015. This National Plan of Action contributed to enhancing prevention and the criminal justice response to human trafficking, as well as protecting victims with gender- and age-appropriate support. The Committee also noted the Government’s indication that children under the age of 18 are not detained in drug rehabilitation centres, but instead were sent to different organizations or orphanages for their rehabilitation in which they were not subjected to the obligation to perform work. Finally, the Committee noted the information provided by the Government on measures taken to implement the National Strategic Development Plan (2014–18) which aimed to expand access to early childhood, secondary and post-secondary education, as well as non-formal, technical and vocational education. As a result, the number of schools and students had increased gradually, enrolment rates at the primary school level had risen and drop-out rates at both the primary and secondary school levels had dropped. Finally, the Government had indicated that it had increased over the past two years the percentage of the national budget allocated to education.

Taking into account the discussion that took place, the Committee urged the Government to:

• in coordination with the social partners, increase its efforts and focus on preventing children from being exposed to the worst forms of child labour, including through increased labour inspections in the formal and informal economy;
• effectively enforce anti-trafficking legislation and provide information on the progress made in this regard, including on the number of investigations, prosecutions, convictions and penal sanctions applied;
• investigate and provide verifiable information on the extent to which forced labour, abuse and related practices occur in drug rehabilitation centres, including assurances that children are not detained in such centres or subject to forced labour and other related practices in any other institution in which they may be lawfully detained. In cases where children are found in such centres or similar institutions, they should be immediately released and provided with appropriate treatment; and
• within the context of the National Strategic Development Plan (2014–18), develop concrete plans to increase the retention rates of children in school, particularly at the secondary school level, and to report on the progress made.

The Committee invited the ILO to offer, and the Government of Cambodia to accept, technical assistance to accomplish the points above.

The Government representative took due note of the conclusions, which his Government would consider within the framework of the Action Plan of the National Committee of Counter Trafficking (2014–18). The data and information provided by the social partners regarding the number of children in the worst forms of labour first needed to be verified. Technical assistance from the ILO and other parties concerned would strengthen the capacity to eradicate the worst forms of child labour in Cambodia, and his Government would keep the ILO informed of progress in that regard.

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

The Committee took note of the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted the Government’s statement that the Law on Suppression of Kidnapping, Trafficking and Exploitation of Persons of 1996 prohibits the enticement or forceful kidnapping of human beings, including minors, for sale, trafficking or prostitution. The Committee also noted that section 15 of the Act on Suppression of Human Trafficking and Sexual Exploitation of 2008 (HTSE Act) prohibits the act of selling, buying or exchanging a person for the purpose of profit, sexual aggression, production of pornography or any form of exploitation, while section 16 prohibits selling, buying or exchanging a person for cross-border trafficking.

2. Forced or compulsory labour. The Committee noted that section 15 of the Labour Code of 1997 (Labour Code) states that forced or compulsory labour is forbidden, including for domestics or household servants and all workers in agricultural enterprises. Moreover, section 16 of the Labour Law prohibits hiring people for work to pay off debts.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted that the HTSE Act prohibits the procuring, purchasing and soliciting of prostitution of minors under 18 (sections 28, 34 and 35). The HTSE Act also prohibits any person from providing another with money or anything of value on the condition that a minor engage in prostitution, or from making a contract in which a minor is obliged to engage in prostitution. The Committee also noted that section 41 of the HTSE Act provides that a person who distributes, sells, leases, displays, projects or presents child pornography in a public place, or produces child pornography for that purpose, commits an offence.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted that article 64 of the Constitution of Cambodia states that “The State shall ban and severely punish those who import, manufacture, sell illicit drugs, counterfeit and expired goods which affect the health and life of consumers.” However, the Committee observed that national legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requests the Government to indicate whether there are legislative provisions that prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If so, it asks the Government to indicate those provisions. If not, it requests the Government to take immediate measures to ensure that the use, procuring or offering of a child for illicit activities is prohibited by national legislation, as a matter of urgency.

Clause (d) and Article 4(1). 1. Hazardous work and determination of hazardous work. The Committee noted the Government’s statement that section 177(2) of the Labour Code prohibits children under 18 years from any kind of employment or work which, by its nature, could be hazardous to their health, safety or morality. The types of employment or work concerned are determined by a PRAKAS (ministerial order) of the Ministry in Charge of Labour, in consultation with the Labour Advisory Committee. In this regard, the Committee noted that the Ministry of Labour and Vocational Training (MoLVT) adopted the PRAKAS on the Prohibition of Hazardous Child Labour of 28 April 2004, which 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 off-shore 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.

2. Self-employed workers. The Committee noted that section 1 of the Labour Code provides that it governs relations between employers and workers resulting from employment contracts within the territory of Cambodia. It observed that the Labour Code appears to only apply to those with an employment relationship. In this regard, it noted that, according to a report on findings on the worst forms of child labour in Cambodia of 2007 (report on WFCL of 2007), available on the website of the High Commissioner for Refugees (www.unhcr.org), the Labour Code does not cover many areas of informal sector work such as family businesses and farms, begging, scavenging, hauling and day labour, where the most serious child labour problems exist. The Committee brought the Government’s attention to the fact that the Convention applies not only to work under an employment contract, but to all types of work or employment. The Committee noted that the Government indicated, in its report under the Minimum Age Convention, 1973 (No. 138), that Cambodia is committed to implement Convention No. 138 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. Noting the Government’s commitment in this regard, the Committee requests the Government to take the necessary measures to ensure that self-employed workers under 18 years of age are protected from the worst forms of child labour, as a matter of urgency.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee noted the Government’s statement that, since the establishment of the Department of Child Labour (DCL), the mechanism to monitor child labour is the Child Labour Inspection Office of the DCL in collaboration with the Department of Occupational Safety and Health. The Committee also noted the Government’s statement that other institutions, such as the National Sub-Committee on Child Labour of the Cambodian National Council for Children, the Municipal/Provincial Committees on Child Labour and the Community Monitoring of Child Labour, constitute a coordinating mechanism to support the monitoring of the application of the Convention. However, the Committee noted that, according to the report on WFCL of 2007, no employer was prosecuted for violating child labour laws in 2007. The Committee therefore strongly encourages the Government to continue strengthening the mechanisms to monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the progress made in this regard. The Committee also requests the Government to supply information on the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

2. The police. The Committee noted that, according to the report on WFCL of 2007, local police are responsible for enforcing laws against child trafficking and prostitution. From April 2007 to February 2008, the police arrested 57 offenders for cross-border and domestic trafficking. Furthermore, the Committee noted that, according to a report on trafficking of persons for Cambodia of 2008 (trafficking report of 2008), available on the website of the High Commission for Refugees (www.unhcr.org), the Ministry of Interior (MOI) reported receiving complaints of 53 trafficking cases from April 2007 to March 2008, of which 35 were sex trafficking cases involving 60 victims, and 11 were labour trafficking cases involving 106 victims. The Committee also noted the information provided in the joint report of the MOI and the MoLVT on the Human Trafficking situation in Cambodia, according to which the MOI resolved 120 cases in one year, 39 of which concerned trafficking. However, the Committee noted that the report on WFCL of 2007 indicated that, although the Government has increased arrests and prosecutions of traffickers, anti-trafficking efforts continue to be hampered by reported corruption and a weak judicial system. The Committee urges the Government to take measures to considerably strengthen the role of the police and of the judicial system in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to continue providing information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s statement that it has adopted the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL). The NPA–WFCL is aimed at reducing the incidence of child labour among children aged 5 to 17 years from 16.5 per cent in 1999, to 10.6 per cent in 2010, and to 8 per cent in 2015. It adopts an integrated, cross-sectoral approach to child labour reduction and envisages the active involvement of all key stakeholders. The NPA–WFCL contains eight areas of action: research and study; policy and institutional development; legislation and enforcement; advocacy, networking and social mobilization; education; prevention; protection; withdrawal/removal and rehabilitation. The Committee requests the Government to provide information in its next report on the results achieved by the NPA–WFCL with regard to removing child workers from the worst forms of child labour and providing for their rehabilitation and social integration.

Article 7(1). Penalties. The Committee noted that the HTSE Act provides for a penalty of 15–20 years’ imprisonment if a person if found guilty of selling, buying or exchanging a minor with a purpose or for cross-border transfer. The HTSE Act also punishes the procurement of child prostitution with imprisonment for seven to 15 years; the purchase of child prostitution with seven to 15 years if the minor is under 15 years of age and with two to five years if the minor is aged between 15 and 18 years; and the soliciting of child prostitution with imprisonment for two to five years. Furthermore, the Committee noted that section 368 of the Labour Code provides that employers who employ children of less than 18 years of age under conditions contrary to the provisions of, notably, section 177 (on hazardous work), are liable to a fine of 31–60 days of the base daily wage of the employee in question.

Article 7(2). Effective and time-bound measures. The Committee noted that the ILO–IPEC project Support to the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA-WFCL), a Time-bound Programme (TBP), was implemented on 30 September 2004. The three immediate objectives of the TBP are policy development and enforcement; building knowledge base, commitment and mobilization; and targeted interventions. Under the targeted interventions objective, the TBP implemented action programmes by sector directly targeting children for withdrawal, prevention and rehabilitation. The ten action programmes deal with: salt and fishing production in Kampot; fishing production in Sihanoukville; salt production in Kep; rubber plantations in Kampong Cham; the brick industry in Siem Reap and Kampong Cham; child domestic workers in Phnom Penh; and child porters in Banteay Meanchey. The Committee noted that the second phase of the TBP (TBP–Phase II) will replicate good practices from Phase I when possible and focus on the following interventions: creating a child labour-free zone; reducing the incidence of urban child labour; targeting the worst forms of child labour in new areas; preventing trafficking in children; and promoting safe migration for decent work for youth. The TBP–Phase II will be implemented over a period of 48 months commencing on 30 September 2008.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 
1. Education. The Committee noted that, according to the East Asia Regional Overview in the UNESCO Education for All Global Monitoring Report of 2008 (EFA Global Monitoring Report), the net enrolment ratio in primary education increased from 85 per cent in 1999 to 99 per cent in 2005. The EFA Global Monitoring Report also indicates that the survival rate to the last grade of primary education increased from 23 per cent in 1999 to 57 per cent in 2005. Furthermore, the gross enrolment rate for secondary education increased from 16 per cent in 1999 to 29 per cent in 2005. The Committee noted that the Government adopted the Education for All (EFA) National Plan for 2003–15, which aims to ensure equitable access to basic and post-basic education, enable quality and efficiency improvement, and build capacity for decentralization. The goals of the EFA National Plan are in turn supported by the 2004–08 Education Strategic Plan (ESP) and by the Education Sector Support Programme (ESSP), which identifies specific action areas. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the EFA National Plan, the ESP and the ESSP on increasing school enrolment rates, especially in secondary education, and reducing school drop-out rates for children. It also asks the Government to provide updated statistical data on school enrolment and drop-out rates.

2. Sale and trafficking. The Committee noted that the ILO–IPEC project “Prevention of Trafficking in Children and Women at a Community Level in Cambodia and Vietnam” was implemented from August 2003 to October 2006. The immediate objective of the project was to build community capacity to prevent trafficking in children and women in a total of six provinces in Cambodia through setting up holistic community-based preventive interventions against trafficking in children and women, aimed at reducing vulnerability to trafficking. The Committee noted with interest that, according to the final report for the project of May 2007, 1,454 children were provided with non-formal education and vocational training; 18,670 children benefited from awareness-raising activities on trafficking prevention and safe migration; and 379 children were mainstreamed into the formal education system. The Committee further noted that, according to the report on WFCL of 2007, the Government participated in a four-year project, implemented by World Education, which concluded in September 2007. The project prevented 18,353 children from engaging in commercial sexual exploitation and trafficking through the provision of educational opportunities in the provinces of Banteay Meanchey, Kampong Cham, Prey Veng, as well as Phnom Penh. Moreover, the Committee noted that Cambodia is one of the countries taking part of the ILO–IPEC project “Reducing labour exploitation of children and women: Combating trafficking in the Greater Mekong Subregion, Phase II” (Mekong project–Phase II), along with China, Laos, Myanmar, Thailand and Vietnam. The objectives of the Mekong project–Phase II include supplementing the knowledge base relating to trafficking and labour migration with new updated information, and developing and strengthening multinational/bilateral, national and local frameworks, structures, policies, processes and capacity to address trafficking in children and women within a broader migration framework. Moreover, the Committee noted that a National Plan of Action on Trafficking and Sexual Exploitation of Children (NPA–TIPSE) was implemented in Cambodia from 2000 to 2004. According to the technical progress report for the Mekong project–Phase II of 30 January 2006, a second NPA–TIPSE was elaborated for 2006–10. The second NPA–TIPSE refers not only to sexual exploitation but also to labour exploitation, with reference to the monitoring and enforcement of labour standards through labour inspection. It also moves from simplistic “stay at home” messages to focus on safe migration in terms of preventive measures and understands the country’s status as a source, transit and destination for trafficking. Finally, the Committee noted that the TBP–Phase II adds trafficking to its sectors of targeted interventions. The Committee requests the Government to provide information on the number of children who have been prevented from becoming victims of trafficking for sexual or labour exploitation, and the number of child victims of trafficking who have been removed from sexual or labour exploitation and then rehabilitated and socially integrated, as a result of the implementation of the Mekong project-Phase II, the second phase of the NPA–TIPSE and the TBP–Phase II.

3. Other sectors targeted by the TBP and TBP–Phase II. The Committee noted with interest the Government’s information that, as a result of the action of the TBP, 22,000 child labourers were withdrawn from the worst forms of child labour and that some of them (under 15 years of age) were provided basic education, while others were provided with vocational training (between 15 and 18 years of age). The Government further indicated that 3,000 families of child workers were supported to access microcredit and job creation. The Committee noted that the TBP–Phase II will be implemented in 15 provinces and will target a total of 12,000 children as direct beneficiaries through the provision of educational and non-educational services. Out of this total, 11,000 children will be targeted for withdrawal and prevention through educational (and skills development) services, while 1,000 will be targeted through non-educational services. Moreover, of the total 12,000 targeted children, 7,200 will be withdrawn and 4,800 will be prevented from the worst forms of child labour. The Committee requests the Government to provide information on the results achieved by the TBP–Phase II in terms of number of children who were prevented or withdrawn from the worst forms of child labour.

Clause (d). Children at special risk. Child domestic workers. The Committee noted that, according to the report on WFCL of 2007, children are employed as domestic servants. Most child domestics are girls aged 14–17 years, although the report indicates that it is not uncommon to find workers as young as 6 or 7 years. The child domestic workers typically work 12–16 hour days, seven days a week. The Committee noted that an ILO–IPEC project “Prevention and elimination of exploitative child domestic work through education and training” was implemented from 1 March 2004 to 28 February 2006 and covered countries in Central America, Africa, South Asia and Southeast and East Asia. As a result of the implementation of this project, 2,595 children were prevented from domestic work in Southeast and East Asia, which includes Cambodia; 162 children were withdrawn; and 425 children were protected. The Committee further noted that one of the sectors of targeted interventions of the TBP is child domestic workers in Phnom Penh. The Committee requests the Government to provide information on the number of child domestic workers who were prevented from performing hazardous work, or withdrawn from hazardous work and rehabilitated and socially integrated, as a result of the implementation of the TBP. It also requests the Government to provide information on any other measure taken to protect child domestic workers from the worst forms of child labour in Cambodia.

Article 8. International cooperation. 1. Trafficking. The Committee noted that Cambodia participated in the second Ministerial Consultation and fifth Senior Official Meeting of the Mekong Subregion on Combating Abducting and Trafficking in Women and Children. The conference culminated in the Joint Declaration of the “Mekong Subregional Cooperation in the Anti-trafficking Process”, by ministers from the countries of China, Cambodia, Laos, Myanmar, Vietnam and Thailand. The Committee also noted that the Government signed a Memorandum of Understanding (MOU) between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on Bilateral Cooperation to eliminate trafficking in children and women and provide assistance to victims of trafficking. Moreover, the Committee also noted that the Cambodian National Assembly approved for implementation an ASEAN Inter-Parliamentary Organization (AIPO) resolution to prevent and eradicate the worst forms of child labour. In 2008, ASEAN AIPO adopted a new resolution on regional cooperation to combat human trafficking for both sexual and labour exploitation. The Committee noted that, according to the report on WFCL of 2007, the Government established, in April 2007, a National Task Force (NTF) to implement all agreements and MOUs between Cambodia and other countries on the elimination of trafficking in persons and to assist victims of trafficking. In July 2007, the Government established a “Leading Task Force” on human trafficking activities as a support structure for the NTF. The Committee requests the Government to provide information on the impact of international and regional anti-trafficking agreements and programmes in combating the trafficking of children, and the results achieved. It also requests the Government to provide information on the action of the NTF and of the Leading Task Force in implementing the regional agreements and MOUs between Cambodia and other countries and on the number of child victims of trafficking it has assisted.

2. Poverty reduction. The Committee noted that Cambodia adopted a National Strategic Development Plan (NSDP) for 2006–10, in which child labour concerns have been included. Considering that poverty reduction contributes to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any notable impact of the NSDP towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee noted that, according to the Cambodia Child Labour Survey of 2001 (CCLS), there are 4.3 million children aged 5–17 years in Cambodia, out of a population of 12.3 million. The CCLS estimated that for the 5–17 years age group, about one in every two children was found to be working. Among all working children, 23 per cent worked more than 35 hours a week, 15 per cent worked more than 41 hours a week and 67 per cent worked between 15 and 34 hours a week. The agricultural sector accounted for seven out of every ten child workers aged
5–17 years in Cambodia as a whole, while 16 per cent of working children worked in wholesale and retail trade, 6.3 per cent worked in manufacturing and 2.3 per cent worked in community, social and personal services. Regarding hazards at the workplace, the CCLS found that 3.6 per cent of working children worked with machinery; 24 per cent did hard work; 3 per cent reported a bad working environment; 0.5 per cent were physically or mentally abused; and 2 per cent were badly paid. In terms of injuries and related illnesses, cuts, moulds and punctures were the main injuries reported by working children (60 per cent of the injured working children), followed by contusions, bruises and abrasions (16 per cent), and bites by animals, insects or snakes (15 per cent). The Committee expresses its deep concern at the significant number of children who work in hazardous conditions in Cambodia and requests the Government to redouble its efforts to remove and rehabilitate children from hazardous work. It also requests the Government to provide updated statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s statement that the Law on Suppression of Kidnapping, Trafficking and Exploitation of Persons of 1996 prohibits the enticement or forceful kidnapping of human beings, including minors, for sale, trafficking or prostitution. The Committee also notes that section 15 of the Act on Suppression of Human Trafficking and Sexual Exploitation of 2008 (HTSE Act) prohibits the act of selling, buying or exchanging a person for the purpose of profit, sexual aggression, production of pornography or any form of exploitation, while section 16 prohibits selling, buying or exchanging a person for cross-border trafficking.

2. Forced or compulsory labour. The Committee notes that section 15 of the Labour Code of 1997 (Labour Code) states that forced or compulsory labour is forbidden, including for domestics or household servants and all workers in agricultural enterprises. Moreover, section 16 of the Labour Law prohibits hiring people for work to pay off debts.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that the HTSE Act prohibits the procuring, purchasing and soliciting of prostitution of minors under 18 (sections 28, 34 and 35). The HTSE Act also prohibits any person from providing another with money or anything of value on the condition that a minor engage in prostitution, or from making a contract in which a minor is obliged to engage in prostitution. The Committee also notes that section 41 of the HTSE Act provides that a person who distributes, sells, leases, displays, projects or presents child pornography in a public place, or produces child pornography for that purpose, commits an offence.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that article 64 of the Constitution of Cambodia states that “The State shall ban and severely punish those who import, manufacture, sell illicit drugs, counterfeit and expired goods which affect the health and life of consumers.” However, the Committee observes that national legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requests the Government to indicate whether there are legislative provisions that prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If so, it asks the Government to indicate those provisions. If not, it requests the Government to take immediate measures to ensure that the use, procuring or offering of a child for illicit activities is prohibited by national legislation, as a matter of urgency.

Clause (d) and Article 4, paragraph 1. 1. Hazardous work and determination of hazardous work. The Committee notes the Government’s statement that section 177(2) of the Labour Code prohibits children under 18 years from any kind of employment or work which, by its nature, could be hazardous to their health, safety or morality. The types of employment or work concerned are determined by a PRAKAS (ministerial order) of the Ministry in Charge of Labour, in consultation with the Labour Advisory Committee. In this regard, the Committee notes that the Ministry of Labour and Vocational Training (MoLVT) adopted the PRAKAS on the Prohibition of Hazardous Child Labour of 28 April 2004, which 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 off-shore 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.

2. Self-employed workers. The Committee notes that section 1 of the Labour Code provides that it governs relations between employers and workers resulting from employment contracts within the territory of Cambodia. It observes that the Labour Code appears to only apply to those with an employment relationship. In this regard, it notes that, according to a report on findings on the worst forms of child labour in Cambodia of 2007 (report on WFCL of 2007), available on the web site of the High Commissioner for Refugees (www.unhcr.org), the Labour Code does not cover many areas of informal sector work such as family businesses and farms, begging, scavenging, hauling and day labour, where the most serious child labour problems exist. The Committee brings the Government’s attention to the fact 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 under the Minimum Age Convention, 1973 (No. 138), that Cambodia is committed to implement Convention No. 138 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. Noting the Government’s commitment in this regard, the Committee requests the Government to take the necessary measures to ensure that self-employed workers under 18 years of age are protected from the worst forms of child labour, as a matter of urgency.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s statement that, since the establishment of the Department of Child Labour (DCL), the mechanism to monitor child labour is the Child Labour Inspection Office of the DCL in collaboration with the Department of Occupational Safety and Health. The Committee also notes the Government’s statement that other institutions, such as the National Sub-Committee on Child Labour of the Cambodian National Council for Children, the Municipal/Provincial Committees on Child Labour and the Community Monitoring of Child Labour, constitute a coordinating mechanism to support the monitoring of the application of the Convention. However, the Committee notes that, according to the report on WFCL of 2007, no employer was prosecuted for violating child labour laws in 2007. The Committee therefore strongly encourages the Government to continue strengthening the mechanisms to monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the progress made in this regard. The Committee also requests the Government to supply information on the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

2. The police. The Committee notes that, according to the report on WFCL of 2007, local police are responsible for enforcing laws against child trafficking and prostitution. From April 2007 to February 2008, the police arrested 57 offenders for cross-border and domestic trafficking. Furthermore, the Committee notes that, according to a report on trafficking of persons for Cambodia of 2008 (trafficking report of 2008), available on the web site of the High Commission for Refugees (www.unhcr.org), the Ministry of Interior (MOI) reported receiving complaints of 53 trafficking cases from April 2007 to March 2008, of which 35 were sex trafficking cases involving 60 victims, and 11 were labour trafficking cases involving 106 victims. The Committee also notes the information provided in the joint report of the MOI and the MoLVT on the Human Trafficking situation in Cambodia, according to which the MOI resolved 120 cases in one year, 39 of which concerned trafficking. However, the Committee notes that the report on WFCL of 2007 indicates that although the Government has increased arrests and prosecutions of traffickers, anti-trafficking efforts continue to be hampered by reported corruption and a weak judicial system. The Committee urges the Government to take measures to considerably strengthen the role of the police and of the judicial system in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to continue providing information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that it has adopted the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL). The NPA–WFCL is aimed at reducing the incidence of child labour among children aged 5 to 17 years from 16.5 per cent in 1999, to 10.6 per cent in 2010, and to 8 per cent in 2015. It adopts an integrated, cross-sectoral approach to child labour reduction and envisages the active involvement of all key stakeholders. The NPA–WFCL contains eight areas of action: research and study; policy and institutional development; legislation and enforcement; advocacy, networking and social mobilization; education; prevention; protection; withdrawal/removal and rehabilitation. The Committee requests the Government to provide information in its next report on the results achieved by the NPA–WFCL with regard to removing child workers from the worst forms of child labour and providing for their rehabilitation and social integration.

Article 7, paragraph 1. Penalties. The Committee notes that the HTSE Act provides for a penalty of 15–20 years’ imprisonment if a person if found guilty of selling, buying or exchanging a minor with a purpose or for cross-border transfer. The HTSE Act also punishes the procurement of child prostitution with imprisonment for seven to 15 years; the purchase of child prostitution with seven to 15 years if the minor is under 15 years of age and with two to five years if the minor is aged between 15 and 18 years; and the soliciting of child prostitution with imprisonment for two to five years. Furthermore, the Committee notes that section 368 of the Labour Code provides that employers who employ children of less than 18 years of age under conditions contrary to the provisions of, notably, section 177 (on hazardous work), are liable to a fine of 31–60 days of the base daily wage of the employee in question.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the ILO/IPEC project Support to the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA-WFCL), a Time-bound Programme (TBP), was implemented on 30 September 2004. The three immediate objectives of the TBP are policy development and enforcement; building knowledge base, commitment and mobilization; and targeted interventions. Under the targeted interventions objective, the TBP implemented action programmes by sector directly targeting children for withdrawal, prevention and rehabilitation. The ten action programmes deal with: salt and fishing production in Kampot; fishing production in Sihanoukville; salt production in Kep; rubber plantations in Kampong Cham; the brick industry in Siem Reap and Kampong Cham; child domestic workers in Phnom Penh; and child porters in Banteay Meanchey. The Committee notes that the second phase of the TBP (TBP–Phase II) will replicate good practices from Phase I when possible and focus on the following interventions: creating a child labour-free zone; reducing the incidence of urban child labour; targeting the worst forms of child labour in new areas; preventing trafficking in children; and promoting safe migration for decent work for youth. The TBP–Phase II will be implemented over a period of 48 months commencing on 30 September 2008.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Education. The Committee notes that, according to the East Asia Regional Overview in the UNESCO Education for All Global Monitoring Report of 2008 (EFA Global Monitoring Report), the net enrolment ratio in primary education increased from 85 per cent in 1999 to 99 per cent in 2005. The EFA Global Monitoring Report also indicates that the survival rate to the last grade of primary education increased from 23 per cent in 1999 to 57 per cent in 2005. Furthermore, the gross enrolment rate for secondary education increased from 16 per cent in 1999 to 29 per cent in 2005. The Committee notes that the Government adopted the Education for All (EFA) National Plan for 2003–15, which aims to ensure equitable access to basic and post-basic education, enable quality and efficiency improvement, and build capacity for decentralization. The goals of the EFA National Plan are in turn supported by the 2004–08 Education Strategic Plan (ESP) and by the Education Sector Support Programme (ESSP), which identifies specific action areas. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the EFA National Plan, the ESP and the ESSP on increasing school enrolment rates, especially in secondary education, and reducing school drop-out rates for children. It also asks the Government to provide updated statistical data on school enrolment and drop-out rates.

2. Sale and trafficking. The Committee notes that the ILO/IPEC project “Prevention of Trafficking in Children and Women at a Community Level in Cambodia and Vietnam” was implemented from August 2003 to October 2006. The immediate objective of the project was to build community capacity to prevent trafficking in children and women in a total of six provinces in Cambodia through setting up holistic community-based preventive interventions against trafficking in children and women, aimed at reducing vulnerability to trafficking. The Committee notes with interest that, according to the final report for the project of May 2007, 1,454 children were provided with non-formal education and vocational training; 18,670 children benefited from awareness-raising activities on trafficking prevention and safe migration; and 379 children were mainstreamed into the formal education system. The Committee further notes that, according to the report on WFCL of 2007, the Government participated in a four-year project, implemented by World Education, which concluded in September 2007. The project prevented 18,353 children from engaging in commercial sexual exploitation and trafficking through the provision of educational opportunities in the provinces of Banteay Meanchey, Kampong Cham, Prey Veng, as well as Phnom Penh. Moreover, the Committee notes that Cambodia is one of the countries taking part of the ILO/IPEC project “Reducing labour exploitation of children and women: Combating trafficking in the Greater Mekong Subregion, Phase II” (Mekong project–Phase II), along with China, Laos, Myanmar, Thailand and Vietnam. The objectives of the Mekong project–Phase II include supplementing the knowledge base relating to trafficking and labour migration with new updated information, and developing and strengthening multinational/bilateral, national and local frameworks, structures, policies, processes and capacity to address trafficking in children and women within a broader migration framework. Moreover, the Committee notes that a National Plan of Action on Trafficking and Sexual Exploitation of Children (NPA–TIPSE) was implemented in Cambodia from 2000 to 2004. According to the technical progress report for the Mekong project–Phase II of 30 January 2006, a second NPA–TIPSE was elaborated for 2006–10. The second NPA–TIPSE refers not only to sexual exploitation but also to labour exploitation, with reference to the monitoring and enforcement of labour standards through labour inspection. It also moves from simplistic “stay at home” messages to focus on safe migration in terms of preventive measures and understands the country’s status as a source, transit and destination for trafficking. Finally, the Committee notes that the
TBP–Phase II adds trafficking to its sectors of targeted interventions. The Committee requests the Government to provide information on the number of children who have been prevented from becoming victims of trafficking for sexual or labour exploitation, and the number of child victims of trafficking who have been removed from sexual or labour exploitation and then rehabilitated and socially integrated, as a result of the implementation of the Mekong project-Phase II, the second phase of the NPA–TIPSE and the
TBP–Phase II.

3. Other sectors targeted by the TBP and TBP–Phase II. The Committee notes with interest the Government’s information that, as a result of the action of the TBP, 22,000 child labourers were withdrawn from the worst forms of child labour and that some of them (under 15 years of age) were provided basic education, while others were provided with vocational training (between 15 and 18 years of age). The Government further indicates that 3,000 families of child workers were supported to access micro-credit and job creation. The Committee notes that the TBP–Phase II will be implemented in 15 provinces and will target a total of 12,000 children as direct beneficiaries through the provision of educational and non-educational services. Out of this total, 11,000 children will be targeted for withdrawal and prevention through educational (and skills development) services, while 1,000 will be targeted through non-educational services. Moreover, of the total 12,000 targeted children, 7,200 will be withdrawn and 4,800 will be prevented from the worst forms of child labour. The Committee requests the Government to provide information on the results achieved by the TBP–Phase II in terms of number of children who were prevented or withdrawn from the worst forms of child labour.

Clause (d). Children at special risk. Child domestic workers. The Committee notes that, according to the report on WFCL of 2007, children are employed as domestic servants. Most child domestics are girls aged 14 to 17 years, although the report indicates that it is not uncommon to find workers as young as 6 or 7 years. The child domestic workers typically work 12–16 hour days, seven days a week. The Committee notes that an ILO/IPEC project “Prevention and elimination of exploitative child domestic work through education and training” was implemented from 1 March 2004 to 28 February 2006 and covered countries in Central America, Africa, South Asia and Southeast and East Asia. As a result of the implementation of this project, 2,595 children were prevented from domestic work in Southeast and East Asia, which includes Cambodia; 162 children were withdrawn; and 425 children were protected. The Committee further notes that one of the sectors of targeted interventions of the TBP is child domestic workers in Phnom Penh. The Committee requests the Government to provide information on the number of child domestic workers who were prevented from performing hazardous work, or withdrawn from hazardous work and rehabilitated and socially integrated, as a result of the implementation of the TBP. It also requests the Government to provide information on any other measure taken to protect child domestic workers from the worst forms of child labour in Cambodia.

Article 8. International cooperation. 1. Trafficking. The Committee notes that Cambodia participated in the second Ministerial Consultation and fifth Senior Official Meeting of the Mekong Subregion on Combating Abducting and Trafficking in Women and Children. The conference culminated in the Joint Declaration of the “Mekong Subregional Cooperation in the Anti-trafficking Process”, by ministers from the countries of China, Cambodia, Laos, Myanmar, Vietnam and Thailand. The Committee also notes that the Government signed a Memorandum of Understanding (MOU) between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on Bilateral Cooperation to eliminate trafficking in children and women and provide assistance to victims of trafficking. Moreover, the Committee also notes that the Cambodian National Assembly approved for implementation an ASEAN Inter‑Parliamentary Organization (AIPO) Resolution to prevent and eradicate the worst forms of child labour. In 2008, ASEAN AIPO adopted a new resolution on regional cooperation to combat human trafficking for both sexual and labour exploitation. The Committee notes that, according to the report on WFCL of 2007, the Government established, in April 2007, a National Task Force (NTF) to implement all agreements and MOUs between Cambodia and other countries on the elimination of trafficking in persons and to assist victims of trafficking. In July 2007, the Government established a “Leading Task Force” on human trafficking activities as a support structure for the NTF. The Committee requests the Government to provide information on the impact of international and regional anti-trafficking agreements and programmes in combating the trafficking of children, and the results achieved. It also requests the Government to provide information on the action of the NTF and of the Leading Task Force in implementing the regional agreements and MOUs between Cambodia and other countries and on the number of child victims of trafficking it has assisted.

2. Poverty reduction. The Committee notes that Cambodia adopted a National Strategic Development Plan (NSDP) for 2006–10, in which child labour concerns have been included. Considering that poverty reduction contributes to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any notable impact of the NSDP towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the Cambodia Child Labour Survey of 2001 (CCLS), there are 4.3 million children aged 5–17 years in Cambodia, out of a population of 12.3 million. The CCLS estimated that for the 5–17 years age group, about one in every two children was found to be working. Among all working children, 23 per cent worked more than 35 hours a week, 15 per cent worked more than 41 hours a week and 67 per cent worked between 15 and 34 hours a week. The agricultural sector accounted for seven out of every ten child workers aged 5–17 years in Cambodia as a whole, while 16 per cent of working children worked in wholesale and retail trade, 6.3 per cent worked in manufacturing and 2.3 per cent worked in community, social and personal services. Regarding hazards at the workplace, the CCLS found that 3.6 per cent of working children worked with machinery; 24 per cent did hard work; 3 per cent reported a bad working environment; 0.5 per cent were physically or mentally abused; and 2 per cent were badly paid. In terms of injuries and related illnesses, cuts, moulds and punctures were the main injuries reported by working children (60 per cent of the injured working children), followed by contusions, bruises and abrasions (16 per cent), and bites by animals, insects or snakes (15 per cent). The Committee expresses its deep concern at the significant number of children who work in hazardous conditions in Cambodia and requests the Government to redouble its efforts to remove and rehabilitate children from hazardous work. It also requests the Government to provide updated statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex.