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

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

Other comments on C138

Observation

2022
2017
2014

Direct Request

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Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee takes note of the information communicated by the Government in its report regarding the results achieved through its various measures, including the National Plan of Action on the Reduction of Child Labour and Elimination of the Worst Forms of Child Labour 2016–25 (NPA–WFCL) and the Decent Work Country Programme (DWCP) 2016-18. It notes that, according to the latest statistics from the Socio-Economic Survey 2019-20 of the National Institute for Statistics, the number of working children decreased from 23.6 per cent in 2012 to 18.2 per cent in 2019-20.

The Committee notes that the Government continues to take measures aimed at improving the socio-economic conditions and reducing the incidence of child labour in the country, including the continued implementation of the NPA-WFCL. It also notes that the 2019-23 DWCP is designed to help the country achieve sustained job-rich growth and inclusive and sustainable development while advancing decent work for all Cambodian women and men. Moreover, according to information available to the ILO on policy responses in Cambodia, among other measures adopted in response to the COVID-19 crisis, the Government is expanding existing social protection programmes to the poor and vulnerable, especially through cash transfer programmes. The Committee encourages the Government to continue its efforts to ensure the progressive elimination of child labour through the implementation of the NPA–WFCL, the 2019-23 Decent Work Country Programme and other policies and social protection programme, and requests it to continue to provide information on the results achieved. In this regard, the Committee also requests that the Government continue to provide any updated statistical information on the employment of children and young persons.

Article 2(1). Scope of application and labour inspection. 1. Children working in the informal economy. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Vocational Training (MLVT) has conducted technical meetings and training courses with labour inspectors with a view to increasing their effectiveness in monitoring child labour. From 2019 to 2020, 14 training courses were conducted with 1,604 labour inspectors and other relevant stakeholders to prevent the exploitation of child labour. In addition, the Government indicates that under the draft law on the amendment of the Labour Act, labour inspectors will receive a qualification as juridical police, which will allow them to have better access when conducting inspections and contribute to the prevention of child labour and its worst forms. The Committee requests the Government to continue its efforts to strengthen the labour inspection services to enable them to effectively monitor and detect cases of child labour, including children working on their own account or in the informal economy. It requests the Government to provide information in this regard and on the number and nature of violations found related to child labour, including in hazardous conditions, and the penalties imposed. It also requests information on the specific aspects of better access for labour inspectors that are enabled, based on their qualification, as juridical police.

2. Child domestic workers. In response to the Committee’s previous concern that the minimum age for employment or work did not apply to domestic workers and household servants, the Committee notes with satisfaction the issuance of Prakas No. 235 by the MLVT on 29 May 2018, according to section 4 of which domestic workers must be at least 18 years of age, or at least 15 years of age for light domestic work which is not hazardous to health.

Article 2(3). Compulsory schooling. Regarding the Committee’s previous comments relating to the fact that, under the provisions of the Education Law of 2007, basic education in Cambodia is free but not compulsory, the Government indicates that the Ministry of Education, Youth and Sport will undertake a feasibility analysis with a view to implementing nine years of basic education (until 15 years of age) and prepare an action plan to introduce compulsory education on a phase by phase basis and clearly outline the roles and responsibilities of the various levels of government and financial arrangements in this regard. The Government indicates that, to start, it will undertake preparatory work to implement free and compulsory education at pre-primary level, which will become an integral part of basic education. The Committee once again stresses the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment or work, because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour (2012 General Survey on the fundamental Conventions, paragraph 369). The Committee therefore encourages the Government to take the necessary measures to implement compulsory education, up to the minimum age for admission to employment, and to provide information on the progress made in this regard.

The Committee is raising another matter in a request addressed directly to the Government.