Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Lao People's Democratic Republic (Ratification: 2005)

The Committee notes the Government’s first report. It requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information in the Government’s report on the establishment of the Office of Child Labour Protection and Trafficking in Person Prevention, established in 2006, which represents the Committee on Child Labour Employment Protection and acts as a focal point for ILO–IPEC and other programmes on child labour. The Committee also notes that, from 2000–04, the Department of Labour (within the Ministry of Labour and Social Welfare (MoLSW)), in collaboration with ILO–IPEC, conducted a National Programme for the Prevention and Elimination of Child Labour (the NPCL). The NPCL involved capacity building, strengthening the coordination and communication between different levels of government, as well as between the Government and ILO–IPEC, and a national workshop to strengthen the coordination network among key stakeholders. The NPCL also involved ILO–IPEC field visits to textile, agricultural and paper factories, a campaign to raise awareness of child labour issues in the Lao People’s Democratic Republic (Lao PDR), activities to prevent children from becoming domestic workers, and support for the MoLSW in the coordination of the fight against child labour. The Committee takes due note of this information and requests the Government to continue providing information on the abovementioned projects and the results attained, specifying their contribution to the effective abolition of child labour

Article 2, paragraph 1. Scope of application. The Committee notes that the Labour Act, pursuant to section 6, applies only to employees and employers who carry out activities in labour units. Pursuant to section 2 of the Labour Act, an employer is defined as a person or organization using employees for its activities by paying wages, and providing benefits to the employees as regulated by laws, regulations and the employment contract. An employee is defined as a person working under the supervision of an employer while receiving compensation for work through salary or wages and benefits as regulated by laws, regulations and the employment contract. Section 3 of the Labour Act further provides that work must be conducted under an employment contract between the employee and the employer. Therefore, the Labour Act appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application. The Committee reminds the Government that the Convention applies to all branches of economic activity not expressly excluded under Article 5 of the Convention, and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. The Committee accordingly requests the Government to provide information on the manner in which children who are not bound by an employment relationship and contract are given the protection provided for in the Convention.

Article 2, paragraphs 1 and 4. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification of the Convention, the Government specified 14 years as the applicable minimum age for admission to work or employment, in accordance with Article 2(4) of the Convention. It notes that, by virtue of section 41 of the Amended Labour Law, No. 06/NA, 2006 (the Labour Act), an employer may employ children who are at least 14 years of age and less than 18 years of age, provided that they do not work for more than eight hours a day and are not employed in sectors involving the performance of heavy work or work that is dangerous to their health. The Committee requests the Government to indicate whether consultations with employers' and workers' organizations were held in determining the minimum age of admission to employment or work.

Article 2. paragraph 3. Age of completion of compulsory education. The Committee notes that section 22 of the Constitution of Lao PDR (the Constitution) states that the Government attends to the development of education and implements compulsory primary education. By virtue of section 38 of the Constitution, all citizens have a right to receive education. Section 5 of the Protection of the Rights and Interests of Children Act (the PRIC Act) outlines that children have a duty to complete at least primary school. The Committee also notes that the government report refers to the Education Act No. 04/Na of 3 July 2007, and notes information in the Government’s report that children are entitled to free and compulsory primary education. This goal is pursued through the Education for All National Plan of Action 2003–15 (EFA NPA), released by the Ministry of Education in 2005. The EFA NPA indicates that compulsory schooling consists of five years of schooling and generally begins at the age of six. The Committee further notes that the National Growth and Poverty Eradication Strategy (NGPES) indicates that the Compulsory Education Decree of 1996 (No. 138/PMO/96, 15 August 1996) mandates participation in primary schooling and does not allow students to drop out until they have completed the course or reached the age of 14. According to the UNESCO report entitled “Secondary education regional information base country profile Lao PDR” (hereinafter referred to as the UNESCO report) issued in 2009, compulsory schooling lasts from the ages of 6 to 11, though schooling is free through the ages of 6 and 14 (primary and lower secondary education).

The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the specified minimum age for employment (14 years) is not less than the earliest age of completion of primary education (11 years). The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure that compulsory education is up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee encourages the Government to pursue efforts to ensure compulsory education up to 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard. The Committee also asks the Government to provide copies of the Education Act No. 04/Na of 3 July 2007 and the Compulsory School Act 1996.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes the Government’s information that, pursuant to section 41 of the Labour Act, an employer may not employ children between the ages of 14 and 18 in work that involves the performance of heavy work or work that is dangerous to their health, which are listed as: all types of mining, production activities that use chemicals, explosives or toxic substances, work involving the handling of human corpses, overtime work, work in environments with excessive noise, work in places serving alcohol or with gambling; work at night between 10 p.m. to 5 a.m.; and work specified in section 16 of the Labour Act. Section 16 of the Labour Act prescribes guidelines for the maximum number of hours of work per week, and prescribes a maximum of six hours per day and thirty-six hours per week in various types of hazardous work, such as work underground, work in extreme temperatures, and work with exposure to radiation, vapour or dangerous chemicals. The Committee asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that the Government, at the time of ratification, made a declaration pursuant to Article 5 of the Convention limiting the application of the Convention to the following areas: mining industries, manufacturing industries, construction and public works, electricity, gas and water, medical and hygiene services, transport, storage service and communication, and farms and other agricultural establishments that are developed mainly for commercial purposes. The Committee notes that these sectors correspond to the scope of obligatory coverage pursuant to Article 5(3) of the Convention. The Committee requests the Government to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application, as well as all progress made towards a wider application of the provisions of the Convention, in conformity with Article 5, paragraph 4(a), of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes the information in the Government’s report that, under the National Socio-Economic Development Plan 2006–10, mechanisms for the promotion of vocational training for workers to increase employability will be implemented, that the private sector (domestic and foreign) will be encouraged to take part in vocational training and that training centres will be developed in three regions of Lao PDR. The Committee also notes the Government’s indication that the improvement of vocational training and the creation of employment opportunities for young people is a governmental focus for future action. The Committee further notes the information in the EFA NPA that the possibility of secondary vocational school is offered to students following the completion of lower secondary school, usually starting at age 14. In addition, the Committee notes that vocational training and technical training is offered following the completion of upper secondary school, typically starting at age 17.

The Committee notes that the Government provides no information regarding the minimum age for entering an apprenticeship programme. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme. The Committee requests the Government to provide information on the minimum age for entering an apprenticeship programme.

Article 7. Light work. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee nonetheless notes that, according to information from UNICEF, approximately 25 per cent of children between the ages of 5 and 14 were engaged in child labour during the 1999–2007 period. The Committee recalls that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 12 years and above.

Article 9, paragraph 1. Penalties. The Committee notes that, pursuant to section 76 of the Labour Act, an individual or legal entity who violates the provisions in the Labour Act shall be re-educated, warned, fined, subject to temporary suspension of business, subject to withdrawal of business licence or brought to court proceedings based on the nature of the offence, which includes paying compensation for the civil damage caused, as regulated by the laws and regulations. The Committee also notes that section 83 of the PRIC Act prescribes re-education measures for individuals or organizations that employ a child under 14 years of age. Section 84 of the PRIC Act provides for administrative measures for individuals or organizations that continue to violate the provisions of section 83 following re-education, or those who employ children over the limit of hours, or employ children to perform heavy work (as prescribed by the Labour Law). Those who violate section 84 may also be subject to suspension or withdrawal of their business licence. Section 87 of the PRIC Act mandates punitive measures: “[a]ny person using child labour in hazardous sectors, and who has been subject to administrative measures but has repeated the offence, shall be punished by imprisonment from three months to one year and fined from 1,000,000 kip to 2,000,000 kip [8500 kip is equivalent to US$1]. If such use of child labour causes disability or death to the child, [such person] shall be punished by imprisonment from three years to seven years and fined from 3,000,000 Kip to 7,000,000 Kip”. The Committee takes due note of this information.

Article 9, paragraph 3. Keeping of registers. The Committee notes that the Government’s report contains no information on legislative or regulatory provisions requiring the employer to keep registers and documents of persons employed or working under him/her. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the name and ages, or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes that, pursuant to section 71 and section 66 of the Labour Act, the competent labour inspection authority is the labour administration agency, which is comprised of the MoLSW as well as labour and social welfare divisions at the local and regional levels of government. Pursuant to section 72 of the Labour Act, the labour inspection authority is charged with, among other duties, inspecting the implementation of labour laws and regulations, workplace safety and health, and pursuant to 72(4), the use of female and child labour. Section 75 of the Labour Act provides for three types of labour inspections: regular (planned) inspections, follow-up inspections, and emergency (without advance notice) inspections.

The Committee notes that the PRIC Act also provides several mechanisms for inspection. Section 40 of the PRIC Act provides for urgent measures, including inspection, by the Committee on Protection and Assistance to Children upon discovering, or receiving a report on a child in need of special protection, in order to remove the child from such harm. Further, pertaining to child offenders in vocational and technical centres, section 77 of the PRIC Act states that the “[t]he State pays attention to the regular monitoring and inspection of vocational training by assigning the offices of the Public Prosecutor, in collaboration with other relevant agencies, to monitor and inspect the performance of duties of these vocational training centres, in order to ensure that the centres carry out their duties and activities effectively and in conformity with the laws and regulations”. The Committee notes this information.

Part V of the report form. Application of the Convention in practice. The Committee notes the information in the 2005 Population Census, conducted by the National Statistics Centre, that 120,366 children between the ages of 10 and 14 were engaged in unpaid family economic activity, and 9 271 children were working on their own account. The Committee further notes that SIMPOC is currently conducting a national child labour survey. The Committee requests the Government to provide information from this survey when it is completed. The Committee also requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.