Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 283bis of the Penal Code provides that whoever procures a person under 18 years of age for an “indecent sexual act”, commits an offence. It had noted that, according to information available at the Office, it is prohibited under section 287 of the Penal Code to make, produce, possess, import, export, or transport any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematographic film, noise tape, picture tape or any other material with a pornographic content. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide a definition of an “indecent sexual act” under section 283bis of the Penal Code. It also once again requests the Government to supply a copy of section 287 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had noted that the production, importation, exportation, possession or consumption of narcotics is prohibited under the Narcotics Act of 1979. Since the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs did not seem to be prohibited under this Act, the Committee had requested the Government to indicate the measures taken or envisaged to this end, in conformity with Article 3(c) of the Convention. The Committee notes the absence of information on this point in the Government’s report. It observes, as already previously observed, that, according to the rapid assessment conducted by ILO/IPEC (August 2002, pages 16, 21, 30 and 31), children as young as 10 years of age participate in drug trafficking, the majority of them are aged 12 to 16 and are used to buy or sell drugs. The Committee requests the Government to take the necessary measures to prohibit the use, procuring and offering of a child for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. Workers in the informal sector and self-employed workers. The Committee had previously noted that children working in the informal sector and self-employed workers under 18 years of age do not benefit from the protection laid down in the Labour Protection Act or in Regulation No. 6 of 1998, and consequently are not protected from performing hazardous work. It had also noted that the informal sector includes domestic work, work performed in the fishing industries, trading, and restaurants. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age or those working in the informal sector from work which, by its nature or the circumstances under which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the views of the Occupational Safety, Health and Environment Committee on where the types of hazardous work exist.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “labour inspection is neither adequate nor comprehensive, especially in small-scale enterprises. These enterprises carry out subcontracted assignments whose outputs and workers are not easily regulated”. The Committee had requested the Government to provide information on the measures taken or envisaged to provide labour inspectors with the necessary support to ensure effective implementation of the legal provisions concerning the worst forms of child labour. The Committee notes the Government’s information that, according to the statistical figures of the Labour Standards Development Bureau, there has been an improvement in the labour law compliance of establishments inspected from the year 2001 to 2004: particularly, the percentage of compliance has increased from 69.92 per cent in 2001 to 78.90 per cent in 2004. Statistics for 2004 indicate that 58,798 establishments were inspected 69,446 times. Out of 34,332 children working, 5,308 were found working illegally. The Committee notes that the statistics provided by the Government provide only partial information on the type of illegal work performed by those children. The Committee requests the Government to specify, in its next report, how many children under 18 years were found to be involved in the worst forms of child labour, especially hazardous work.

2. National Committee for the Elimination of the Worst Forms of Child Labour. Following its previous comments the Committee notes that the National Committee on ILO Convention No. 182 was appointed on 20 February 2006. The Committee, chaired by the Minister of Labour and Social Welfare has the following duties: (1) to consider the National Plan of Action on the Worst Forms of Child Labour (NPA); (2) to provide policy recommendations in accordance with Convention No. 182; (3) to oversee, advise and monitor the implementation of the NPA; (4) to promote research work in support of the elimination of the worst forms of child labour; (5) to coordinate with concerned agencies in and outside the country to eliminate the worst forms of child labour; (6) to consider directions to report on the implementation of the obligations under Convention No. 182; (7) to appoint subcommittees or working groups as deemed appropriate; (8) to perform other related appropriate duties. The Committee requests the Government to provide information on the concrete measures taken by the National Committee on ILO Convention No. 182.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee had previously noted that the Ministry of Labour, in cooperation with ILO/IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA) in 2004. It had noted that the Government had decided to give priority to the following: (i) children used for the production of pornography and pornographic performances; (ii) children used for illicit activities, particularly the production and trafficking of drugs; (iii) children working in chemical, fishing and furniture manufacturing industries; (iv) children working in domestic services, in the agricultural and other informal sectors such as street begging and vending; and (v) vulnerable children (i.e. immigrant children, children without birth certificates or official identification documents, children from ethnic minorities, children living in poverty, runaway children and children who have dropped out of school). The Committee had noted that the NPA includes preventive measures as well as measures to ensure the rehabilitation and social reintegration of children involved in the worst forms of child labour. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken under the NPA and their impact on eliminating the abovementioned worst forms of child labour.

2. ILO/IPEC project “Support for national action to combat child labour and its worst forms in Thailand”. The Government notes that ILO/IPEC is implementing in Thailand the project entitled “Support for national action to combat child labour and its worst forms in Thailand” which started in September 2006 and will be completed in March 2010. This project, which will support the Government’s NPA, will focus on preventing and eliminating the worst forms of child labour in six provinces (Chiang Rai, Tak, Udon Thani, Samut Sakhon, Pattani and Songkhla). It will also assist provincial interventions within the framework of provincial development strategies on education, poverty reduction and human resources development. This will be done through awareness-raising, education, vocational training and family livelihood. The project aims to develop models of good practices which can be replicated in other provinces in the future. The Committee requests the Government to provide information on the impact of the ILO/IPEC project “Support for national action to combat child labour and its worst forms in Thailand” on the elimination of the worst forms of child labour in the abovementioned six provinces.

Article 7, paragraph 2. Time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee had previously observed that one of the objectives of the NPA is to improve the effectiveness of mechanisms to protect and remove child workers from the worst forms of child labour. The plan also provides for the rehabilitation and social reintegration of children involved in the worst forms of child labour. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken under the NPA to remove children from the worst forms of child labour, and to provide for their rehabilitation and social integration.

Clause (d). Children at special risk. Agricultural work. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It had also noted the Government’s indication that the Ministry of Labour took measures to analyse the occupational safety of children working in the agricultural sector. It had further noted that, according to the Ministry of Labour (National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004–09), pages 2 and 10), many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. The Committee notes the Government’s information that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, based on the Labour Protection Act. The Committee requests the Government to provide information on the effective and time-bound measures taken to ensure that young persons under 18 years working in the agricultural sector are protected from hazardous work. It also requests the Government to supply a copy of the Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005 with its next report.