Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 138) sur l'âge minimum, 1973 - Jordanie (Ratification: 1998)

Autre commentaire sur C138

Observation

Demande directe

2015
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2002

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee previously noted the information in a study issued in 2009 by the Jordanian Department of Statistics in collaboration with ILO–IPEC that there were approximately 29,225 child labourers in Jordan (defined as children under the minimum age for light work, children under 16 years not performing light work, and children under 18 engaged in hazardous work). The study indicated that 88.1 per cent of economically active children were engaged in child labour, mostly due to the number of hours during which, and the conditions in which, these children work. The study further indicated that although most of these children combined school work with economic activities, the average work week was approximately 39 hours and child labourers generally dropped out earlier than non-working children. However, the Committee noted the Government’s indication that a national framework to reduce child labour was under preparation.

The Committee notes the Government’s statement that the National Framework to Combat Child Labour was approved by the Council of Ministers in August 2011. The Government indicates that the National Framework is a national attempt to protect children from becoming engaged in work, and to facilitate the return of child labourers to school by: (i) helping the relevant authorities handle specific cases of child labour; (ii) establishing a mechanism of monitoring and response, including a follow-up process; (iii) identifying the role and responsibilities of Government and non-governmental institutions working on child labour, as well as formulating procedures for coordination between them; (iv) building a network of partners to support working children and their families; and (v) raising awareness on child labour issues. The Government indicates that in 2011, awareness raising was undertaken on the risks related to child labour, the regulations concerning child labour and on the importance of applying the relevant legislation, through the media, brochures and workshops. The Government further indicates that officials from the Child Labour Unit and the Social Support Centre (affiliated with the Ministry of Labour) held a series of lectures aimed at raising girls’ awareness of the value of education and the risks of child labour, and on making teachers aware of their role in reducing child labour. Moreover, the Committee notes the Government’s statement that, in collaboration with ILO–IPEC, the Government is implementing the project “Moving towards a child labour free Jordan”, which will provide support to the implementation of the National Framework and other capacity building. Through this project, work is currently under way to establish a child labour monitoring system to follow-up on detected cases of working children, particularly by developing a mechanism to link service providers with these children and their families. Lastly, the Committee notes that through the “Combating exploitative child labour through education project” (being implemented by an NGO in collaboration with the Government), 1,189 children were provided with support in 2011. In this regard, the Government indicates that through the Social Support Centre 620 children were enrolled in school and an additional 104 children were prevented from joining the labour market. Noting with interest the significant measures being taken by the Government, the Committee strongly encourages the Government to pursue its efforts, through the National Framework to Combat Child Labour and in collaboration with ILO–IPEC, towards the progressive elimination of child labour. It requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with respect to reducing the number of children working under the minimum age and in hazardous work.

Article 2(1). Scope of application. The Committee previously noted that section 3 of the Labour Code was amended by virtue of Act No. 48 of 2008, broadening the scope of the Code’s application to cover “all workers”, including certain previously excluded groups. However, the Committee observed that section 3(b) of the Labour Code (as amended) states that agricultural workers, domestic workers, cooks and gardeners will be governed by regulations issued on this subject, provided that these regulations address labour contracts, hours of work, rest periods, inspection and any other matters related to their employment. In this regard, the Committee requested the Government to indicate whether the minimum age specified in the Labour Code applied to these workers or if this would be addressed in separate regulations.

The Committee notes the Government’s statement that the minimum age of 16 contained in the Labour Code (section 73) applies to agricultural workers, domestic workers, cooks and gardeners.

Article 9(1) and Part III of the report form. Penalties and labour inspection. The Committee previously noted the information in a 2006 ILO–IPEC rapid assessment study that official records suggested a very weak enforcement of the provisions of the Labour Code related to the illegal employment of children. The Committee also noted the statement in the report of the International Trade Union Confederation, of November 2008, entitled “Internationally recognized core labour standards in Jordan” that enforcement and penalties remain insufficient with regard to child labour. It further noted that inspectors often handle child labour cases informally rather than issuing citations and fines. In this regard, the Committee noted that while 1,459 working children were detected through labour inspections, in only 81 of these cases were fines applied, in accordance with section 77 of the Labour Code. It therefore expressed its concern that persons who employ children in breach of the provisions giving effect to the Convention were not prosecuted as a rule.

The Committee notes the Government’s statement that an inspection campaign related specifically to child labour was carried out involving an increased number of inspections in undertakings in which there are working children and field visits by labour inspectors. Through these inspections, between July 2010 and December 2011, 1,909 children were detected, 128 infringements were noted, 444 warnings were issued and 1,266 guidance notices were issued. The Government also indicates in this regard that it has increased the number of liaison labour inspectors. The Committee further notes the information from ILO–IPEC of April 2012 concerning the project “Moving towards a child labour free Jordan” that measures are being taken to strengthen the Child Labour Unit within the Ministry of Labour, including to enhance the capacity of labour inspectors who are child labour focal points.

The Committee notes that the Human Rights Committee, in its concluding observations of 18 November 2010 expressed concern at reports that child labour is increasing in Jordan (CCPR/C/JOR/CO/4, paragraph 17). The Committee recalls that, by virtue of Article 9(1) of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee accordingly requests the Government to pursue its efforts to strengthen the capacity of the labour inspectorate, and to continue to provide information on the measures taken in this regard. It also requests the Government to continue to provide information on the measures taken to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed. The Committee requests the Government to provide information on the results achieved in this regard, particularly the number and nature of violations detected by the labour inspectorate, the number of persons prosecuted and the penalties imposed.