Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Cambodge (Ratification: 2006)

Autre commentaire sur C182

Observation

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Articles 3(a), 7(1) and 7(2)(a)–(b) of the Convention. Sale and trafficking of children and penalties. Effective and time-bound measures for prevention, assistance and removal. The Committee previously noted the Government’s measures to combat the sale and trafficking of children, but further noted the high number of women and children who continued to be trafficked from, through and within the country for purposes of sexual exploitation and forced labour.

The Committee notes the Government’s reference to the National Plan of Action on Trafficking and Sexual Exploitation of Children (NPA–TIPSE) (2011–14), as well as its indication that 125 children have been prevented from becoming victims of trafficking for sexual and labour exploitation or have otherwise been removed and reintegrated into education and society. The Committee notes, however, the concluding observations of the Committee on the Elimination and Discrimination against Women on the combined fourth and fifth periodic reports of Cambodia (CEDAW/C/KHM/CO/4-5, paragraph 24) in 2013, which observes that the implementation of anti-trafficking legislation remains largely ineffective, and that trafficking of girls for purposes of sexual exploitation continues.

The Committee further notes the UN Office on Drugs and Crime entitled Victim Identification Procedures in Cambodia report (page 24), which notes that additional information is needed on the nature and extent of trafficking in the country and calls for consistent and standardized approaches to victim identification, together with a systematic approach to data collection and analysis. The report (page 14) also notes that, while the Government has taken measures to coordinate national efforts to combat trafficking, further work is needed to convert those efforts and policies into concrete and financially-supported action. In this respect, the report refers to the lack of financial resources that have been provided for law enforcement agencies to conduct investigations and have proper equipment and training. The Committee strongly encourages the Government to strengthen its efforts to combat the sale and trafficking of children through the effective implementation of its anti-trafficking legislation, including by taking measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, particularly by enhancing the capacity of the law enforcement agencies, including financial capacity. It requests the Government to provide information on the progress made in this regard, as well as on the number of investigations, prosecutions, convictions and penal sanctions applied. Finally, it requests the Government to continue 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 as well as the number of children who have been rehabilitated and socially integrated.

Article 3(a). Compulsory labour exacted in drug rehabilitation centres. The Committee refers to its 2014 observation to the Government under the Forced Labour Convention, 1930 (No. 29), concerning work exacted in drug rehabilitation centres, in which it notes that the majority of persons in drug rehabilitation centres in Cambodia are not admitted voluntarily; they are often admitted following legal procedures, on the request of their families, or simply following arrest; and there have been reports of persons in drug rehabilitation centres engaged in compulsory labour. The Committee notes with concern, in this respect, that according to the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/KHM/CO/2-3, paragraph 38) in 2011, the mistreatment of persons in drug retention centres extends to children. The Committee requests the Government to indicate what safeguards exist, both in law and in practice, to ensure that children below the age of 18 years detained in drug rehabilitation centres, who have not been convicted by a court of law, are not subject to the obligation to perform work. The Committee also requests the Government to provide copies of the relevant texts governing children detained in drug rehabilitation centres.

Article 7(2)(a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s Education for All (EFA) National Plan for 2003–15, which aimed to ensure equitable access to basic and post-basic education, enable quality and efficiency improvement, and build capacity for decentralization.

The Committee notes the new National Strategic Development Plan (2014–18) which aims to expand access to early childhood, secondary and post-secondary education as well as non-formal, technical and vocational education. It also notes the Government’s recent information concerning the efforts of the Ministry of Education, Youth and Sport under the Education Strategic Plan to ensure its effective mechanism and progress by, among others, focusing on marginalized and vulnerable children and girls who are at risk of dropping out of school.

While taking note of these measures, the Committee also notes the information provided by the Cambodia Labour Force and Child Labour Survey of 2012, which was carried out by ILO–IPEC in 2013, according to which only 3 out of the 4 million (79 per cent) children aged five to 17 years in the country were attending school. The percentage of girls who were not attending school (11.8 per cent) was larger than boys (10.3 per cent), and a large portion of those children (59.4 per cent) did not attend school because they could not afford to do so or could not access a nearby school. The Committee also notes with concern that, according to the 2012 UNICEF statistics, the net attendance rate for 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. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to strengthen its efforts to improve the functioning of the national education system. In this regard, it requests the Government to provide information on the measures taken in the context of the National Strategic Development Plan (2014–18) to raise the school attendance rate and reduce the school drop-out rate, particularly in secondary school.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 104th Session and to reply in detail to the present comments in 2015.]