Observación (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre la edad mínima, 1973 (núm. 138) - Jordania (Ratificación : 1998)

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Article 1 of the Convention and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Framework to Combat Child Labour (NFCL) 2011–16, a comprehensive policy on child labour which aims to tackle child labour throughout the Kingdom through systematic monitoring of child labour and collective action by key stakeholders through support from ILO–IPEC. It also noted that the Government has been implementing the ILO–IPEC project entitled, “Moving towards a child labour free Jordan”, which aims to address the problem of child labour by strengthening the policy and legislative frameworks and building the capacity of key stakeholders to combat child labour. The Committee encouraged the Government to continue its efforts to combat child labour and to provide information on the measures taken within the NFCL to combat child labour and on the results achieved.

The Committee notes the Government’s information in its report, that the Ministry of Labour has embarked on various programmes and policies to reduce child labour in cooperation with all governmental and non-governmental bodies. These measures include: (i) launching of various community awareness-raising events on child labour through audio-visual media; (ii) celebrating the World Day on child labour with the participation of working children; and (iii) increasing the budget for the Social Support Centre, which endeavours to withdraw and rehabilitate working children and their families, from 50,000 to 300,000 Jordanian dinars.

The Committee also notes from the summary report of the ILO–IPEC project that, within the framework of the “Moving towards a child labour free Jordan” project: the NFCL was made operational in all the 12 governorates; effective tools for child labour inspections were developed; a centralized database on child labour was created; and the capacity of child labour units and social partners to tackle child labour was enhanced. The Committee further notes from the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a technical committee has been set up, comprising of government and civil society institutions and international organizations, to adapt the NFCL in order to address child protection in a better way.

However, the Committee notes that according to the findings of the National Child Labour Survey (NCLS) of 2016, the number of child labourers in Jordan has roughly doubled to more than 69,000, since 2007, with around 44,000 children engaged in hazardous work, of which 20 per cent were children between 12 and 14 years and over 71 per cent were children between 15 and 17 years. According to this survey, the main sectors of employment of working children include agriculture, forestry and fishing and wholesale and retail trade. While noting the measures taken by the Government, the Committee observes that a significant number of children under the minimum age are engaged in child labour and in hazardous work in Jordan. The Committee therefore strongly encourages the Government to strengthen its efforts to ensure the elimination of child labour in all economic activities and requests the Government to continue to provide information on the measures taken in this regard and the results achieved. The Committee also requests the Government to provide information on the amendments made to the NFCL and on the measures taken within its framework to combat child labour.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of July 2014, expressed concern that thousands of children, mainly boys, were still working in the wholesale trade and agriculture sectors while a number of girls were engaged as domestic workers (CRC/C/JOR/CO/4-5, paragraph 57). It further noted from the ILO–IPEC Rapid Assessment report of 2014, that the 150 labour inspectors currently available was too small for effective coverage in all sectors, given the size of the country.

The Committee notes the Government’s information, that the Ministry of Labour, in collaboration with the ILO, has conducted several training sessions and workshops on finalizing a Manual on Occupational Safety and Health and Child Labour and on increasing the labour inspector’s awareness on the impact and hazards to which children are exposed due to child labour. Moreover, the Ministry of Labour has intensified the monitoring of all institutions and sectors which employ children through its periodical inspection visits and has initiated legal proceedings against employers who do not comply with the provisions of the Labour Act. Accordingly, the Committee notes the Government’s information that in 2016, 8,621 inspections were conducted; 1,210 contraventions related to child labour involving 1,479 working children were recorded; and 852 warnings were issued. In 2017, 4,145 inspections were conducted; 242 contraventions involving 270 working children were recorded; and 204 warnings were issued. Moreover, from January to July 2018, 5,542 visits were carried out; 507 working children were identified, mainly in the vehicle repair, retail and wholesale trade and restaurant sectors; 441 warnings were issued against employers; and 430 warnings of closure of undertakings were issued. The Committee notes, however, that according to a study conducted by the ILO, entitled: Decent Work and the Agriculture Sector in Jordan: Evidence from Workers’ and Employers’ surveys 2018, 50 per cent of Syrian agricultural workers reported that children under the age of 15 were working with them in agricultural fields; and that 78 per cent of Syrian agricultural workers and 75 per cent of surveyed employers indicated that their place of work had never been visited by a labour inspector. The Committee therefore strongly encourages the Government to take the necessary measures to strengthen the capacity of the labour inspectorate and to expand the labour inspection services to all sectors, including the agricultural sector so as to ensure that children benefit from the protection established by the Convention. It requests the Government to continue to provide information on the measures taken in this regard, as well as on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.