Worst Forms of Child Labour Convention, 1999 (No. 182) - Jordan (Ratification: 2000)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour. Clause (a).Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information, in its report, according to which the Anti-Human Trafficking Unit is in charge of applying section 3 of the Human Trafficking Act, 2009. When the victim of trafficking is a child, the Anti-Human Trafficking Unit investigates the potential case confidentially within special rooms and in the presence of the probation officer who is assigned to children. Furthermore, the entire case is monitored, from the moment that it is first known about, right through to the moment when a judgment concerning it is delivered. The Committee also takes note of the new Anti-Human Trafficking Act No. 10 of 2021, which prohibits the sale and trafficking of persons, including children. Under section 9(a), anyone who sells, procures, offers, or promises to sell a person under the age of 18 is liable to a term of no less than seven years’ imprisonment with hard labour and a fine ranging between 5,000 (approximately US$7,000) and 20,000 (approximately US$28,000) Jordanian dinars. The Committee requests the Government to provide information on the application in practice of the Human Trafficking Act, 2009, and of the Anti-Human Trafficking Act No. 10 of 2021, as concerns the trafficking of children for labour or sexual exploitation. On other issues related to the prohibition of trafficking, the Committee refers to its outstanding comments under the Forced Labour Convention, 1931 (No. 29).

Forced labour. Begging. The Committee notes the Government’s information that, under the Control of Juvenile Conduct Act of 2006, persons who exploit a juvenile by using him or her in an act of begging are liable to punishment by law. The Committee requests the Government to provide information on the application in practice of this Act, in particular as regards cases where persons have been penalized for using a child to beg in the streets.

Article 7(2).Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes that the Dar Karama shelter, which provides legal and social support, medical assistance, training programmes and psychological rehabilitation for victims of trafficking, continues to be operational. Two child victims of trafficking were taken in and rehabilitated in 2020, five child victims in 2021, and six in 2022. Furthermore, the Committee takes note of the adoption of the National Strategy and Action Plan to Prevent Human Trafficking 2019–22 (NSAP), which contains well-rounded components and objectives ranging from measures aiming to reduce vulnerability to trafficking and ensuring early victim identification, to others aiming to reinforce law enforcement capacities and improve international cooperation. The Committee requests the Government to continue providing information on the number of child victims of trafficking who have been rescued and rehabilitated through the Dar Karama shelter, as well as through the measures implemented in the framework of the NSAP.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Refugee children. Following its previous comments, the Committee takes note of the Government’s information, in its report, regarding the measures taken to protect child refugees from the worst forms of child labour. The Government indicates, firstly, that inspection visits do not discriminate between Jordanian and other children and that complaints are followed up regardless of the applicant’s nationality. Moreover, the Department to Stop Child Labour, of the Ministry of Labour, oversees and implements various projects, including a project to combat the worst forms of child labour in agriculture and the Case Management Services project for the protection of children in host communities (with the support of UNICEF). The Committee also takes note of the ILO’s cross-cutting development-focused strategy, adopted as part of the wider UN-response to the refugee crisis, which supports both refugees and host community residents in order to preserve social and economic stability as well as realise the rights of both to decent work and social justice.

The Committee notes, however, that according to the UNICEF report on Socio-Economic Assessment and Practices in Jerash Camp of 2021 (which houses over 31,000 refugees), many socio-economic issues are still prevalent among child refugees. The report reveals not only that child labour is a prevalent issue in Jerash Camp (21 per cent of households reporting child labour in the six-months reporting period in 2021), but that all the children working in the camp are involved in some kind of hazardous work: 65 per cent reported that their children are exposed to extreme cold or heat; 62 per cent reported long working hours; 54 per cent are exposed to fumes or dust; 49 per cent have to carry heavy loads; 31 per cent work with dangerous tools; and 31 per cent work on heights. Also, 14 per cent of the households reported that their children were exposed to dangerous chemicals.

Moreover, even in the households where children were not working, 42 per cent reported that they would accept to work, should the opportunity have been offered. As a result, the report indicates that child labour figures, including in hazardous work, were underrepresented during the reporting period. This can certainly be explained by the variety of vulnerability factors which affects the residents of the camp, including particularly high poverty rates due to several legal restrictions related to their non-citizen status that limit their rights and add to the barriers that stand between them and their access to employment opportunities, health care, educational opportunities, and other social services. In fact, nearly 60 per cent of the households reported education as their priority need, and health and child protection are key services that households in the camp prioritize. The Committee therefore strongly encourages the Government to continue to take effective and time-bound measures to improve the socio-economic situation of refugees in the country, in order to reduce the vulnerability of refugee children and protect them from the worst forms of child labour. The Committee also requests the Government to provide information on the results achieved, from the various projects being implemented with the support of the ILO and UNICEF, in terms of number of refugee children who have received the necessary and appropriate direct assistance for their removal from the worst forms of child labour and for their rehabilitation and social integration.

Children in street situations. Following its previous comments, the Committee notes with interest the adoption of the National Framework to Combat Child Labour and Begging of 2020 which aims to identify children who are at risk of engaging in some form of work and/or being on the streets for begging and/or for the purposes of selling, regardless of their affiliation or origin, or whether they are refugee children and/or in host communities and/or other conditions and circumstances, including those who drop out of school. The National Framework defines four response phases to identified cases of child labour: (1) detection and reporting; (2) immediate response; (3) intervention; and (4) procedure of closure of the case file. The National Framework is accompanied by the 2020 Manual on applied measures for its implementation, which sets out the detailed procedures, institutional coordination, referral mechanisms and communication networks for the case-by-case management of child labour and child begging cases and the reintegration of these children into education. The Committee requests the Government to provide information on the impact of the measures adopted in the framework of the National Framework to Combat Child Labour and Begging of 2020 on the protection of children in street situations from the worst forms of child labour, including information on the number of such children who have been rescued and provided with assistance.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that section 3(a) of the Human Trafficking Act, 2009, prohibits leading, transferring, sheltering or receiving any person under the age of 18 years of age for their exploitation, even if that exploitation is not accompanied by the threat of force, or its use, deception, misuse of power or the exploitation of a state of weakness. Section 3(b) specifies that exploitation includes prostitution or any form of sexual exploitation.

The Committee notes from the Report of the Special Rapporteur on trafficking in persons, especially women and children, of 8 June 2016, that Jordan is a destination country for trafficking of women, girls and boys for sexual exploitation (A/HRC/32/41/Add.1, paragraph 16). Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of section 3 of the Human Trafficking Act with regard to trafficking of children for sexual exploitation.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s information that the net enrolment rate for the school year 2013–14 in primary education was 98 per cent, while in secondary education the enrolment rate was 74 per cent. The Committee encouraged the Government to pursue its efforts to facilitate access to education and the return to school of children who had dropped out, including through informal education.

The Committee notes the Government’s information that the Ministry of Education is implementing a Catch-up Educational Programme for children who are aged between 9 and 12 years and who have dropped out or have not enrolled in school. This programme enables the children to acquire basic educational skills and knowledge and to continue their subsequent education in formal or informal education. Moreover, a Culture Promotion Programme for school drop-outs is being implemented for children aged between 13 and 18 years which will prepare and rehabilitate children who have dropped out of school and enable them to register for vocational training courses or to continue informal education. The Committee finally notes that according to the findings of the National Child Labour Survey Report of 2017, 95 per cent of Jordanian children aged 5–17 years are attending school.

Clause (b). Removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that a permanent shelter for the victims of trafficking in persons (Dar Karama) was opened in September 2016 with the support of USAID. The Ministry of Social Development (MoSD), through its Unit on the Protection of Victims of Human Trafficking and Dar Karama provides legal and social support, medical assistance, training programmes and psychological rehabilitation for victims of trafficking. The Committee notes the Government’s indication that in 2016, Dar Karama received 34 victims of trafficking. The Committee further notes the Government’s information that specialized training courses were provided for 95 officials working in Dar Karama and at the MoSD, in collaboration with the International Organization for Migration as well as the Tamkeen Centre for support and legal assistance, on handling victims of trafficking. The Committee encourages the Government to continue to take effective and time-bound measures for the prevention, removal and rehabilitation of child victims of trafficking. It requests the Government to provide information on the number of child victims of trafficking who have been received and rehabilitated in Dar Karama.

Clause (d). Identifying and reaching out to children at special risk. Street children. 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 there was no clear strategy in place to rehabilitate and respond to the needs of street children (CRC/C/JOR/CO/4-5, paragraph 59). It also noted from the ILO report of the rapid assessment on child labour in the urban informal sector, in three governorates of Jordan, 2014, that most of the children surveyed in the three governorates were mainly found to be working on the street selling food and drinks.

The Committee notes the Government’s information that the exact number of street children in the country is not known. However, the average number of street children who were identified through the inspection visits carried out by the MoSD and anti-begging committees was 1,738 in 2015. In this regard, the Committee notes the Government’s information that the MoSD, with financial and technical assistance from UNICEF, is developing a strategic framework for the protection of street children as well as to effectively address their needs. This strategy envisages to include a legal framework, prevention, protection, rehabilitation and reintegration measures for street children. The Committee requests the Government to take the necessary measures to ensure that the strategic framework for children in street situations will be adopted and implemented without delay. It requests the Government to provide information on any progress made in this regard.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Refugee children. In its previous comments, the Committee noted from the ILO–IPEC rapid assessment on child labour in the urban informal sector in three governorates of Jordan, 2014, that one in ten Syrian refugee children were engaged in child labour and that access to education constituted a significant vulnerability among Syrians with an estimated 60 per cent of the school-age children not attending school. It also noted from the ILO report entitled The ILO response to the Syrian refugee crisis in Jordan and Lebanon, of March 2014, that many refugee children were working in hazardous conditions in the agricultural and urban informal sector, street peddling or begging, with an estimated 30,000 child labourers in Jordan vulnerable to abuse and exploitation. The Committee urged the Government to take effective and time-bound measures to protect Syrian refugee children from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration.

The Committee notes the Government’s information in its report that the protection which is provided to a Jordanian child is also provided to a non Jordanian child. With regard to measures taken to protect children, including Syrian refugee children, from the worst forms of child labour, the Government refers to the following measures taken by the Ministry of Labour, such as: (i) increasing inspection visits to undertakings and adopting a more strict approach in initiating legal proceedings against cases of non-compliance; (ii) providing advice and counselling to employers with respect to the consequences of engaging children in child labour; (iii) referring and transferring children to institutions which provide services and support to working children and their families, such as the Social Support Centre which has received a large number of Syrian refugee working children; and (iv) increasing awareness on the importance of education and on the risks of occupational hazards through community awareness raising sessions and involving Syrian refugee children and their families in the “World Day Against Child Labour” event.

The Committee notes that according to the United Nations High Commissioner for Refugees (UNHCR) fact sheet on Jordan of June 2018, there are 751,275 refugees in Jordan of which 48 per cent are children. It also notes that the Government, in collaboration with ILO–IPEC, is implementing a project entitled “Tackling child labour among Syrian Refugees and their host communities in Jordan and Lebanon” with the aim of contributing to the elimination of child labour, especially its worst forms among Syrian refugees and host communities in Jordan. According to the UNICEF fact sheet on education in Jordan, UNICEF, in collaboration with the Ministry of Education, is providing education to over 165,000 Syrian refuge children in camps and host communities. Moreover, the Committee notes with interest the achievements made following the implementation of the “3RP Regional Refugee and Resilience Plan 2017–18”, which was developed by over 270 actors (UN and international and national NGOs) to tackle Syrian refugee crisis and implemented under the leadership of the national authorities of Egypt, Jordan, Turkey and Iraq. According to the 2017 Annual Report of the 3RP, in Jordan: an estimated 15,246 girls and boys received specialized child protection case management and multi-sectoral services; 130,668 Syrian children were enrolled in camp schools; 6,421 children were enrolled in the Ministry of Education certified catch-up and drop-out programmes; 118,107 children and adolescents were enrolled in learning support services; and 8,617 children were enrolled in pre-primary levels. It finally notes from the findings of the National Child Labour Survey Report of 2016 that the school attendance rates for children of other nationalities was 90.5 per cent and for Syrian children was 72.5 per cent. The Committee notes, however, that according to the UNICEF assessment of February 2018, 85 per cent of Syrian refugee children in Jordan are living in poverty and are deprived of the most basic needs, including education, and are vulnerable to exploitation. The Committee takes due note of the various measures taken by the Government to identify, reach out to, remove and reintegrate Syrian refugee children who are exposed to the worst forms of child labour. The Committee therefore strongly encourages the Government to continue to take effective and time-bound measures to protect Syrian refugee children from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard as well as the results achieved.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 3(a) of the Human Trafficking Act prohibits leading, transferring, sheltering or receiving any person under the age of 18 years of age for their exploitation, even if that exploitation is not accompanied by the threat of force, or its use, deception, misuse of power or the exploitation of a state of weakness. Section 3(b) specifies that exploitation includes prostitution or any form of sexual exploitation.

The Committee notes the Government’s information that according to section 3 of the Human Trafficking Act, a person, male or female, is considered to be a victim of human trafficking if the act, and end as indicated in this section, are met. It also notes the Government’s indication that “sexual exploitation” as referred to in section 3 of the Human Trafficking Act covers the production of pornography or pornographic performances. Accordingly, the use of a child for the purpose of the production of pornography or pornographic performances is considered to be a human trafficking crime for the purpose of sexual exploitation. The Committee requests the Government to provide information on any prosecutions and convictions made under section 3 of the Human Trafficking Act with regard to the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the National Framework to Combat Child Labour (NFCL) 2011–16 has now been extended to all parts of the country in collaboration with ILO. It notes from the Government’s report that several awareness-raising programmes on legislation and risks of child labour, as well as specialized trainings to labour inspectors and officers from the Ministries of Social Development and Education, were organized within the NFCL. The Committee requests the Government to continue providing information on the implementation of the National Framework to Combat Child Labour, and the results achieved in terms of the number of children withdrawn and prevented from the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that the Ministry of Education (MoE) along with charities, cooperative and civil society organizations are participating in the “Combating Child Labour through Education” project, in order to promote non formal education among the school dropouts. According to the Government’s report, more than 1,628 educational instructors are involved in monitoring students at schools in Jordan. A training manual for educational instructors on how to handle child labour issues has also been established. The Government report further indicates that in order to address the issues related to school dropouts, a follow-up mechanism with the Registrar of the school has been initiated to ensure their return to school along with the parent’s written commitment to return them to school. Moreover, the MoE in collaboration with the Greater Amman Secretariat made it obligatory on supervisors of public parks to not to authorize children to visit parks during school hours.

In this regard, the Committee notes from the Government’s report that the net enrolment rate for the school year 2013–14 in primary education was 98 per cent, while in secondary education the enrolment rate was 74 per cent. The Committee encourages the Government to pursue its efforts to facilitate access to education and the return to school of children who have dropped out, including through informal education. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved.

Clause (b). Removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that significant measures are under way to ensure special shelter homes for victims and potential victims of trafficking. According to the Government’s report, in 2013, 58 victims of trafficking and in 2014, 122 victims of trafficking were sheltered in the temporary shelter namely the House of Federation of Jordanian Women and the Family Reconciliation house. The Committee, however, notes that the Committee on the Rights of the Child (CRC), in its concluding observations of July 2014 expressed concern that child victims of trafficking might be placed in detention centres owing to a lack of available shelters. The CRC also expressed concern that Jordan remained a destination and transit country for children subjected to forced labour and sex trafficking and that the protection provided for victims of trafficking was insufficient with most victims being referred to shelter services run by non-governmental organizations (CRC/C/JOR/CO/4-5, paragraph 61). The Committee requests the Government to take effective and time bound measures for the prevention, removal and rehabilitation of child victims of trafficking. It requests the Government to indicate whether special shelter homes for victims of trafficking have been established in the country, with an indication of the number of child victims of trafficking who have been received and rehabilitated in such shelters.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Development (MoSD) offers several programmes to address the issues related to street children and child beggars, such as: regularly organizing anti-begging campaigns; promoting societal awareness of the causes and impact of begging and means of prevention; and offering shelter and educational services to children found on streets. The Committee also notes from the ILO Report of the rapid assessment on: Child Labour in the Urban Informal Sector in three governorates of Jordan, 2014 (rapid assessment report) that the identification of child beggars and children in street vending falls under the remit of the MoSD. The report also indicates that the MoSD runs juvenile centres specifically for child beggars and children on the streets, such as Al Fayha in Madaba. In this regard, the Committee notes that the CRC, in its concluding observations, while expressing its regret at the limited information available on the phenomenon and situation of children working on the street, expressed concern that there is still no clear strategy in place to rehabilitate and respond to the needs of street children (CRC/C/JOR/CO/4-5, paragraph 59). The Committee further notes that according to the rapid assessment report, most of the children surveyed in the three governorates were mainly found to be working on the street selling food and drinks. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to strengthen its measures to ensure that these children are protected from these worst forms. It requests the Government to provide information on the concrete measures taken to provide for the rehabilitation and social integration of street children, as well as the number of children who have benefited from such measures.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that a specialized body has been established to follow up on perpetrators of crimes related to trafficking in persons and their referral to the courts. According to the Government’s report, 27 cases of trafficking of persons were detected in 2013, including a case of sexual exploitation of a Syrian girl. In 2014, 58 victims of trafficking of persons were detected and referred to the courts, of which two of the cases were related to trafficking for sexual exploitation involving 12 girls and a boy. The Committee also notes from the Government’s report that it is preparing to conduct a national survey within the NFCL. The Committee expresses the hope that the national survey will be conducted in the near future and its results will be made available, particularly on the prevalence of the worst forms of child labour, including trafficking, commercial sexual exploitation, use of children in illicit activities and hazardous work. It also requests the Government to continue providing information on the number of children covered by the measures giving effect to the Convention, the number and nature of violations detected, investigation, prosecutions, convictions and sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Refugee children. The Committee notes that according to the UNHCR–Jordan review of 2014, there were a total of 673,051 registered refugees (with 623,112 from Syria) by the end of December 2014 of which 50 per cent are children under the age of 18 years. The Committee notes from the ILO–IPEC report of the rapid assessment on: Child Labour in the Urban Informal Sector in three governorates of Jordan, 2014 that one in ten Syrian refugee children are engaged in child labour. This report also indicates that access to education constitutes a significant vulnerability among Syrians with an estimated 60 per cent of the school-age children not attending school. Moreover, the Committee notes that according to a report by UNICEF and Save the Children, close to half of all Syrian refugee children in Jordan are now the joint or sole family breadwinners with most of them involved in armed conflict, sexual exploitation and illicit activities including organized begging and child trafficking. The Committee finally notes from the ILO report entitled “ILO response to the Syrian Refugee crisis in Jordan and Lebanon”, of March 2014 that many refugee children are working in hazardous conditions in the agricultural and urban informal sector, street peddling or begging, with an estimated 30,000 child labourers in Jordan vulnerable to abuse and exploitation. The Committee expresses its deep concern at the situation and high number of Syrian refugee children in Jordan who are exposed to the worst forms of child labour, including in hazardous work. The Committee therefore urges the Government to take effective and time-bound measures to protect Syrian refugee children from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 5 and 7(1) of the Convention. Monitoring mechanisms and penalties. The Committee previously requested information on the number and nature of violations detected in the course of labour inspections related to persons under 18 engaged in the worst forms of child labour.

The Committee notes the Government’s indication that between July 2010 and December 2011, the labour inspectorate undertook 1,583 inspection visits, detected 128 infringements and issued 44 warnings. The Government also indicates that it is currently taking measures to establish a computerized labour inspection system, in collaboration with the ILO. Moreover, the Committee notes the Government’s indication in its report, submitted under the Minimum Age Convention, 1973 (No. 138), 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 through field visits by 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 initiatives to enhance the capacity of labour inspectors who are child labour focal points. The Committee notes that, in the context of this project, materials will be prepared concerning the revised list of types of hazardous work, for awareness raising among labour inspectors and the social partners, as well as specific training for labour inspectors on the contents of this revised list. The Committee requests the Government to continue providing information on the practical application of penalties related to the worst forms of child labour, including the number and nature of violations detected, prosecutions, convictions and penal sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the adoption of the Jordanian National Plan for Children 2004–13, and it requested information on measures taken within this framework related to the eradication of the worst forms of child labour.

The Committee notes the Government’s statement that, through the National Plan for Children 2004–13, collaboration has been undertaken with bodies working on child labour with regard to the implementation of several projects on the subject. The Committee further notes the Government’s statement that the National Framework to Combat Child Labour was launched in 2011. Moreover, the Committee notes the Government’s indication that it is collaborating with ILO–IPEC in implementing the project “Moving towards a child labour free Jordan”, which will support the implementation of the National Framework and other capacity building. The Committee requests the Government to provide information on the measures taken, within the National Framework to Combat Child Labour, and in collaboration with ILO–IPEC, to combat the worst forms of child labour, and on the results achieved.

Article 7(2). Clause (a). Effective and time-bound measures. Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the information in the Government’s report that it has taken several measures to provide for educational alternatives for students who have dropped out of school, through both formal and non-formal education. The Government indicates that non-formal educational programmes are being operated within the framework of the Combating exploitative child labour through education project. Through this project, there are 1,628 educational instructors in schools who monitor identified students. Moreover, a follow-up mechanism had been developed to help students who drop out return to schools, including by getting a written commitment from their parents that the child will return to school. The Government indicates in its report submitted under Convention No. 138 that within the framework of this project, 620 children were enrolled in school. The Government further indicates that it has developed a database of students enrolled in schools, which is used in following up on drop-out cases.

The Committee notes the information in the 2011 UNESCO Global Monitoring Report – Education for All that the net enrolment rate for primary education is 89 per cent. However, the Committee also notes the information in this report that the number of out-of-school children of primary school age has risen from 39,000 children in 1999 to 53,000 children in 2008. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to education and the return to school for children who have dropped out, including through informal education. The Committee requests the Government to continue to provide information on the measures taken in this regard, and to provide statistical information on the results obtained, particularly with respect to increasing school enrolment rates and reducing the overall number of out-of-school children.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee previously noted that 13.4 per cent of the children interviewed for the 2006 ILO–IPEC rapid assessment study on the worst forms of child labour in Jordan were street vendors, most of whom are boys. These children faced various risks, including car accidents, inhalation of exhaust fumes, fatigue and verbal and physical abuse from adults and street gangs.

The Committee notes the Government’s indication that the Ministry of Social Development is implementing several programmes to address child begging, including an anti-begging campaign and the offering of shelter services to children, as well as measures to follow-up on the education of these children by the Ministry of Education. The Government indicates that the Ministry of Social Development, through its field directorates, has a system through which child beggars are detected and handed over to the relevant bodies. When such detected children are returned to their parents, their parents have to pledge in writing that their children will not return to the street. Moreover, the Ministry of Social Development supports such young persons in completing their studies or pursuing non-formal education, as well as facilitating their transfer to vocational training centres. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that these children are protected from these worst forms. It requests the Government to continue to provide information on the impact of such measures, including the number of street children who have benefited from such initiatives.

2. Children from poor families. The Committee previously noted that the ILO–IPEC rapid assessment study on the worst forms of child labour indicated that most working children come from households with an average monthly income of 100 dinars or less. It also noted the indication in the 2009 study entitled “Working Children in the Hashemite Kingdom of Jordan” that children from poor families are more likely to be working, more likely to be engaged in prohibited child labour, and more likely to drop out of school, and that the prevalence of child labour is the highest among the poorest households. However, the Committee noted that the Government had adopted strategies aimed at giving priority to children in development programmes and fighting against poverty, including the referral of children to the National Assistance Fund.

The Committee notes the Government’s indication that, for parents to receive a national assistance allowance, they must bring a document from a school proving that their child is a student. The Committee also notes the Government’s indication in its report submitted under Convention No. 138 that, through the Social Support Centre (attached to the Ministry of Labour) 104 children were provided with support which prevented them from joining the labour market. The Government also indicates that, through the National Framework to Combat Child Labour, a mechanism will be established to coordinate among different service providers to facilitate access to services for working children and their families. The Committee requests the Government to continue to provide information on the specific measures taken to prevent children from poor families from engaging in the worst forms of child labour, in its next report.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC expressed its regret regarding the lack of data on the extent and magnitude of the trafficking and commercial sexual exploitation of children in Jordan. The Committee also noted that systematic procedures to proactively identify victims of trafficking were not used in the country, and therefore requested the Government to indicate if measures were taken to identify potential victims of trafficking among foreign working children and, if so, whether appropriate services were offered to potential child victims identified.

The Committee notes the Government’s statement that providing assistance to victims of human trafficking is one item being implemented under an initiative to build capacity and raise awareness, and that this includes providing assistance to children under 18 years of age. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 23 March 2012, expressed its concern at the continuing prevalence of trafficking in women and girls in the country, as well as the low reporting rate and the lack of data on the magnitude of human trafficking (CEDAW/C/JOR/CO/5, paragraph 29). The Committee requests the Government to strengthen its efforts to combat child trafficking in the country, and to provide information on measures taken in this regard in its next report. The Committee also requests the Government to take the necessary measures to ensure that sufficient data on the prevalence of the worst forms of child labour, including the trafficking of persons under 18 years of age, is made available. To the extent possible, such information should be disaggregated by sex and by age.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the Penal Code prohibits certain acts associated with the prostitution of women, including those under 18, but does not do so in respect of boys under the age of 18.

The Committee once again notes the Penal Code provisions referenced in the Government’s report, but observes that these provisions do not appear to prohibit the use, procuring or offering of a boy under 18 for the purpose of prostitution. The Committee also notes the Government’s reference to the Human Trafficking Act of 2009. The Committee notes that section 3(a) of the Human Trafficking Act prohibits leading, transferring, sheltering or receiving any person under the age of 18 years of age for their exploitation, even if that exploitation is not accompanied by the threat of force, or its use, deception, misuse of power or the exploitation of a state of weakness. Section 3(b) specifies that exploitation includes prostitution or any form of sexual exploitation.

Referring to paragraph 506 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls the importance of ensuring that both boys and girls are provided protection against commercial sexual exploitation. In this regard, the Committee requests the Government to indicate whether the prohibition contained in section 3 of the Human Trafficking Act covers the use, procuring or offering of boys under 18 years for the purpose of prostitution in situations not linked to trafficking, in its next report.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that while the Penal Code prohibited subjecting a boy or girl under 15 to an act that is contrary to morals, as well as prohibiting the utterance of indecent words to them, the legislation did not appear to contain provisions prohibiting the use, procuring or offering of all persons under 18 for the production of pornography.

The Committee notes the Government’s indication that the Human Trafficking Act prohibits the trafficking of persons under 18 years for the purpose of sexual exploitation. However, the Committee notes that these provisions do not appear to specifically address the use of children for the production of pornography. The Committee, therefore, urges the Government to take immediate and effective measures to prohibit the use, procuring or offering of all persons under 18 for the production of pornography and pornographic performances, in conformity with Article 3(b) of the Convention.

Article 4(3). Periodic examination of the list of hazardous work. The Committee previously noted that the Order on dangerous, tiring or health endangering tasks for young persons of 1997 provides for a list of types of hazardous work, and that this list was amended in 2004.

The Committee notes the Government’s indication that a technical committee was established by the Ministry of Labour to examine the list of types of hazardous work in light of the specific hazards affecting young persons. In this regard, the Committee notes with satisfaction that the list of hazardous, tiring or health jeopardizing tasks for young persons was amended on 16 July 2011, and that this revised list is much more comprehensive than the previous list, particularly as it focuses on the types of hazards rather than jobs. The Committee notes that this revised list is divided into eight categories of work: physical hazards; tasks with psychological and social hazards; tasks with moral hazards; tasks with chemical hazard; tasks with physiological hazards; work with biological hazards; tasks with ergonomic hazards; and other hazards.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5 of the Convention. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that the labour inspectorate monitors the implementation of the national labour legislation related to the worst forms of child labour. It noted that, according to the Ministry of Labour’s report on the status of child labour, 88 per cent of child workers worked in undertakings employing five workers or less, which are difficult to monitor as they are often geographically scattered.

The Committee notes the information in the Government’s report that the number of inspection visits have been increased through field visits made by inspectors to verify compliance with the Labour Code by private sector undertakings, particularly with respect to child labour. The Committee also notes the Government’s indication that the Ministry of Labour signed a Memorandum of Understanding with UNICEF in May 2009 for the provision of technical assistance to the child labour unit, including capacity-building programmes and the provision of resources. The Committee further notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the child labour unit was provided with two more labour inspectors, specializing in occupational safety and health and legal issues. Noting an absence of information on the number of inspections carried out with regard to enterprises employing five employees or less, the Committee once again requests the Government to provide this information in its next report. The Committee also requests the Government to provide information on the number and nature of violations detected in the course of labour inspections related to persons under 18 engaged in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the adoption of a Time-Bound National Policy and Programme Framework (TBNPPF), which included a comprehensive set of policies, objectives, indicators, outputs, target groups and activities to help eradicate the worst forms of child labour in Jordan. The Committee also noted the adoption of several national strategies and plans related to children’s rights, including the Jordanian National Plan of Action for Children for the years 2004–13. It requested information on the concrete measures taken within the framework of these strategies to address the worst forms of child labour.

The Committee notes the information in a report on the worst forms of child labour in Jordan of 10 September 2009 (available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org)) (WFCL Report) which indicates that one of the aims of the Jordanian National Plan of Action for Children for the years 2004–13 is the elimination of the worst forms of child labour in Jordan by 2014. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the Jordanian National Plan of Action for Children for the years 2004–13 related to the eradication of the worst forms of child labour. The Committee also requests the Government to provide information on the implementation and impact of the TBNPPF, in its next report.

Article 7(1). Penalties. In its previous comments, the Committee noted that the fines imposed on employers who violated the provisions of the Labour Code were low. The Committee also noted that labour inspectors appeared to refrain from reporting cases of violations of the law to courts or from imposing fines on employers found in breach of the labour legislation because of the difficult economic situation in the country. The Committee further noted that, according to the December 2006 ILO–IPEC study entitled “Rapid assessment on the worst forms of child labour in Jordan” (Rapid Assessment Study), official records suggest that there is a very weak enforcement of the provisions of the Labour Code which deal with the illegal employment of children.

The Committee notes the Government’s statement that pursuant to Act No. 48 of 2008, the minimum penalty for violations related to engaging children in hazardous and exhausting work was increased. Section 7 of Act No. 48 of 2008 amends section 77 of the Labour Code to raise the minimum fine for violations of its provisions from 100 dinars (approximately US$140) to 300 dinars (approximately US$422). The Committee also notes the information in the Government’s report on the number of violations detected related to children, though observes that these figures do not indicate the number of these violations related to the worst forms of child labour, such as hazardous work. Furthermore, the Government indicates that, out of the 1,459 violations detected related to the employment of minors, only 81 resulted in penalties pursuant to section 77 of the Labour Code. In this regard, the Committee notes the statement in the WFCL Report that, inspectors often handle child labour cases informally rather than issuing citations and fines. Recalling that pursuant to Article 7(1) of the Convention ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of appropriate sanctions, the Committee urges the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties are applied in practice to persons who engage children in the worst forms of child labour. In this regard, the Committee requests the Government to continue providing information on the practical application of penalties related to the worst forms of child labour, including the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Article 7(2). Clause (a). Effective and time-bound measures. Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaigns. The Committee previously noted that many awareness-raising activities related to child labour were ongoing, and it requested information on the impact of these activities.

The Committee notes the Government’s indication that the Ministry of Labour has engaged in awareness-raising initiatives through mass media campaigns for employees and employers on child labour issues, as well as convening workshops on the subject. The Committee also notes the information in the Government’s report that the Ministry of Labour and the Jordanian Hashemite Fund established a Social Support Centre, which has carried out awareness-raising campaigns on the importance of education in schools with high drop-outs rates, as well as initiatives targeting the families of working children. The Government further indicates that labour inspectors have distributed brochures and posters to contribute to awareness raising and that cooperation with UNICEF aims to strengthen the child labour unit’s capacity to engage in awareness-raising activities.

2. Access to free basic education. The Committee previously noted that, according to the Rapid Assessment Study, the average age of working children is 15 years, indicating that most of the working children spend a few years in school before dropping out. The Committee also noted the concern expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of 29 September 2006, about children at risk of leaving school before completing their primary education and regarding the drop-out rates at the secondary level, in addition to the lack of schooling facilities, the overcrowding of classrooms, the under-qualification of teachers and inadequate teaching methods. However, the Committee noted several ongoing programmes to improve access to, and the quality of, basic education, including one such initiative implemented by the
non-governmental organization Cooperative Housing Foundation (CHF) International.

The Committee notes the information in the Government’s report that the Ministry of Labour signed a Memorandum of Understanding with CHF International in May 2009, which includes a project aiming to prevent 4,000 children from dropping out of school and entering the labour market, in addition to rehabilitating 4,000 working children through formal and informal education. The Committee also notes the Government’s indication that the Social Support Centre implements an educational programme for drop-outs, in collaboration with the Ministry of Education. The WFCL Report indicates that this Centre provided non-formal education to working children between the ages of 13 and 15 years. The Committee further notes the information in the Government’s report submitted under Convention No. 138 that 16 liaison officers (within the labour inspectorate) were certified, for the purpose of carrying out activities related to the rehabilitation of children who had dropped out of school to enter the labour market.

Nonetheless, the Committee notes the information in a study entitled “Working Children in the Hashemite Kingdom of Jordan”, issued by the Jordanian Department of Statistics in collaboration with ILO–IPEC in March 2009, that children in employment start school later and drop out earlier than non-working children. The Committee also notes the information in the 2010 UNESCO report entitled “Global Monitoring Report – Education for All” that there were approximately 60,000 out-of-school children of primary school age
(6–11 years) in 2007, an increase of 20,000 children since 1999. Considering that access to free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system and to facilitate access to education, including non-formal education. It once again requests the Government to provide information on the impact of the measures taken, particularly with respect to increasing school enrolment rates, decreasing school drop-out rates, and reducing the overall number of out‑of‑school children.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted that 13.4 per cent of the children interviewed for the Rapid Assessment Study were street vendors, most of whom are boys. These children faced various risks, including car accidents, inhalation of exhaust fumes, fatigue and verbal and physical abuse from adults and street gangs. It also indicated that there was an increase in the number of children scavenging on the streets and in garbage dumps. The Committee further noted that the CRC expressed concern regarding the lack of a systematic and comprehensive strategy to address the situation of street children, in addition to insufficient information and statistics about this group.

The Committee notes the information in the Government’s report regarding various initiatives aimed at working children, but notes an absence of information on whether any of these initiatives target street children. Nonetheless, the Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Jordan of 10 and 12 November 2008, entitled “Internationally recognized core labour standards in Jordan”, that there is a growing problem of street children in the country (page 9). The Committee further notes the information in a report on the trafficking in persons in Jordan of 14 June 2010 (available on the website of the Office of the High Commissioner for Refugees) (Trafficking Report) that some children employed within the country as street vendors may be exploited in situations of forced labour. In this regard, the Committee once again recalls that street children are particularly vulnerable to the worst forms of child labour, and accordingly urges the Government to take effective and time-bound measures to ensure that they are protected from these worst forms. It also requests the Government to provide information on the impact of such measures, particularly with respect to the rehabilitation and social integration of street children.

Article 8. International cooperation and assistance. Poverty reduction. The Committee previously noted that the Rapid Assessment Study indicated that the difficult economic and social conditions in Jordan, coupled with population growth and scarce natural resources, were the primary factors behind the continued employment of children in various sectors. The Rapid Assessment Study indicated that most working children come from households with an average monthly income of 100 dinars or less. However, the Committee noted that the Government had adopted strategies aimed at giving priority to children in development programmes and fighting against poverty, including the Strategic Plan of the Ministry of Social Development and the National Assistance Fund.

The Committee notes the information in the Government’s report that the Social Support Centre refers children to the National Assistance Fund, facilitated through a Memorandum of Understanding signed between the Social Support Centre and the Ministry of Social Development. The Committee also notes the UNICEF information that the Jordanian National Action Plan for Children for the years 2004–13 aims to eradicate extreme poverty for children. Nonetheless, the Committee notes the indication in the 2009 study entitled “Working Children in the Hashemite Kingdom of Jordan” that children from poor families are more likely to be working, more likely to be engaged in prohibited child labour, and more likely to drop out of school (page 5). This study indicates that the prevalence of child labour is the highest among the poorest households (page 42). Therefore, observing that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee once again requests the Government to provide information on any notable impact of the National Assistance Fund and the Jordanian National Action Plan for Children for the years 2004–13 towards the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the CRC expressed its regret regarding the lack of data on the extent and magnitude of the trafficking and commercial sexual exploitation of children in Jordan. The Committee urged the Government to take measures to ensure that this data was available.

The Committee notes the information in the Government’s report that, through the National Council for Family Affairs, collaboration is ongoing in the preparation for studies on child labour, including a study entitled “The physical, psychological and social consequences of working on children”. The Committee also notes that a database was established at the Social Support Centre, and that field surveys were carried out in collaboration with the labour inspectorate. The Government indicates that these field surveys did not uncover any cases of child trafficking or child commercial sexual exploitation.

The Committee notes the information in the Government’s report that between October 2009 and August 2010, 72 foreign working children were identified: 29 Egyptian children, 42 Syrian children and one Yemeni child. The Government does not indicate how these children arrived in Jordan, but does state that 68 of these children were deported. In this regard, the Committee notes the statement in the Trafficking Report that the Government did not use systematic procedures to proactively identify victims of trafficking, and that the Government needed to strengthen its efforts in this respect. The Committee requests the Government to indicate if measures were taken to identify potential victims of trafficking among foreign working children and, if so, whether repatriation and rehabilitative services were offered to potential child victims identified. The Committee also requests the Government to take the necessary measures to ensure that sufficient data on the prevalence of the worst forms of child labour is available, including through the database established at the Social Support Centre. Lastly, the Committee requests the Government to provide a copy of the study entitled “The physical, psychological and social consequences of working on children”, once completed.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously requested the Government to take immediate measures to prohibit the sale and trafficking of children for both labour exploitation and commercial sexual exploitation, and to adopt appropriate sanctions as a matter of urgency.

The Committee notes the adoption of the Prevention of the Trafficking in Persons Law (Act No. 9 of 2009), published in the Official Gazette No. 4952 on 1 March 2009. The Committee notes with satisfaction that, pursuant to sections 3(2) and 9, the Prevention of the Trafficking in Persons Law prohibits the trafficking of persons under 18, and sets forth penalties of ten years’ hard labour for the commission of this offence and/or a fine of between 5,000 and 20,000 dinars (between approximately US$7,042 and $28,169).

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the Penal Code prohibits certain acts associated with the prostitution of women but does not do so in respect of boys under the age of 18. It noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 29 September 2006, recommended the revision and amendment of the provisions of the Penal Code to provide protection to both boys and girls under the age of 18 against commercial sexual exploitation (CRC/C/JOR/CO/3, paragraph 93).

The Committee notes the Penal Code provisions referenced in the Government’s report, but observes that these provisions do not appear to prohibit the use, procuring or offering of a boy under 18 for the purpose of prostitution. Therefore, the Committee once again reminds the Government that, pursuant to Article 3(b) of the Convention, this offence constitutes one of the worst forms of child labour, and that, pursuant to Article 1, measures to prohibit this worst form must be taken as a “matter of urgency”. Therefore, the Committee once again strongly requests the Government to take immediate measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age for the purpose of prostitution is prohibited, as a matter of urgency.  

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested the Government to indicate the specific provisions of the Penal Code which prohibit the use, procuring or offering of a child for pornography. 

The Committee notes the reference in the Government’s report to section 306 of the Penal Code, which prohibits subjecting a boy or girl to an act that is contrary to morals, as well as prohibiting the utterance of indecent words to them. However, the Committee observes that section 306 of the Penal Code appears to only provide protection to persons under 15 years of age. Observing that Jordan ratified the Convention over ten years ago, the Committee urges the Government to take immediate and effective measures to prohibit the use, procuring or offering of all persons under 18 for the production of pornography and pornographic performances, in conformity with Article 3(b) of the Convention.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that the Law on slavery eradication of 1929 prohibits slavery, debt bondage and trafficking and provides for penalties for violations of such prohibitions. The Committee had also observed that this Law would be amended or that a new legislation would be promulgated to prevent trafficking in children in a manner more consistent with the new developments and changes that have taken place in Jordanian society. The Committee observes that no such amendments have been adopted. Moreover, the Committee notes that, in its 29 September 2006 concluding observations, the Committee on the Rights of the Child indicates that there is no specific legal framework to protect children from trafficking (CRC/C/JOR/CO/3, paragraph 92). Consequently, the Committee requests the Government to take immediate measures to prohibit the sale and trafficking of children for both labour exploitation and commercial sexual exploitation, and to adopt appropriate sanctions as a matter of urgency.

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee had noted that the Penal Code prohibits certain acts associated with the prostitution of women but does not do so in respect of boys under the age of 18. It notes that, in its 29 September 2006 concluding observations, the Committee on the Rights of the Child recommends the revision and amendment of the provisions of the Penal Code to provide protection to both boys and girls under the age of 18 against commercial sexual exploitation (CRC/C/JOR/CO/3, paragraph 93(b)). The Committee observes that the Penal Code does not appear to have been amended to give full effect to the requirements of Article 3, clause (b), of the Convention. The Committee draws the Government’s attention to the requirements in Article 1 that measures to prohibit this worst form of child labour must be taken as a “matter of urgency”. The Committee once again requests the Government to take immediate measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age for prostitution is prohibited, as a matter of urgency.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 310 of the Penal Code provides for a penalty of imprisonment for anyone who incites a juvenile under 15 years of age to engage in an immoral act if the court is convinced that the juvenile was harmed thereby. It had also observed that section 298 of the Penal Code punishes with imprisonment anyone who sexually assaults a child under 15 years of age or induces a child to engage in an indecent act. The Committee observes that these provisions do not appear to cover the use, procuring or offering of a child for the production of pornography or for pornographic performances, all of which constitute one of the worst forms of child labour by virtue of Article 3, clause (b), of the Convention. The Committee requests the Government to indicate the specific provisions of the Penal Code which prohibit the use, procuring or offering of a child for pornography. If these provisions do not exist, the Committee requests the Government to take immediate measures to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited, as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 8(b)(iii) of the Law on narcotic drugs and psychotropic substances of 1988 (Law on drugs) provides for the death penalty for anyone who uses a minor for the production, transportation, sale or purchase of drugs. It takes due note of the Government’s information that a minor is defined as “any person, male or female, who is over 7 years of age but is not over 18 years of age” under the Minor’s Law No. 24 of 1968, which applies to the Law on drugs.

Clause (d). Hazardous work. Children working in the informal sector and self-employed children. In its previous comments, the Committee had noted that the Labour Code does not apply to certain categories of workers including those in family-owned undertakings, domestic workers and agricultural workers. The Committee notes from the Government’s report that draft amendments to the Labour Code have been referred to the Council of Ministers, after consultation with the social partners. These draft amendments provide that workers in the domestic and agricultural sectors are to be governed by the provisions of the Labour Code. The Committee trusts that the amendments to the Labour Code will ensure that children under 18 working in the informal sector, for example in small family enterprises as well as in the domestic and agricultural sectors, are protected against types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. Furthermore, the Committee requests the Government to take measures to ensure that self-employed workers under 18 years of age are also protected from these types of hazardous work.

Article 5. Monitoring mechanisms. 1. Child Labour Unit. The Committee had previously noted that the Child Labour Unit, established in 2001 within the Ministry of Labour, was monitoring the size, types and causes of child labour through a survey formulated to measure the social, economic and health dimensions of the phenomenon. The Committee notes the Government’s information that the Child Labour Unit aims to establish a database on child labour and its worst forms and monitor all matters related to this issue, in cooperation with labour inspectors.

2. Labour inspectorate. The Committee had previously noted that the labour inspectorate monitors the implementation of the national labour legislation related to the worst forms of child labour. It had noted that according to the National Study on Child Labour drafted by the National Task Force for Children in 1997, the number of labour inspectors was insufficient. Furthermore, it had noted that, according to the Ministry of Labour’s report on the status of child labour, 88 per cent of child workers worked in undertakings employing five workers or less, which are very difficult to control because they are often geographically scattered. The Committee notes the Government’s information that labour inspectors inspect all institutions governed by the Labour Code and, in particular, small enterprises. The Government also indicates that there are 102 labour inspectors and that 65 additional inspectors have been recruited and will be appropriately trained. The Committee also notes that, in the context of the ILO/IPEC National Programme to Eliminate Child Labour in Jordan (NPEC), a comprehensive child labour monitoring system was established, which includes: (a) training a selected group of labour inspectors; (b) training a group of occupational health and safety specialists; (c) training a core group of teachers and counsellors to monitor the school drop-out rates; and (d) training a selected group of representatives of different trade unions and employers to address child labour cases in workplaces. The Committee requests the Government to provide information on the inspections carried out, including in enterprises employing five workers or less, and on the number and nature of violations detected with regard to children under 18 employed in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to the March 2007 ILO/IPEC Technical Progress Report on the NPEC project, a National Policy and Programme Framework was elaborated and forms the basis for a national policy document on child labour. The Committee notes with interest that, as a result, a Time-bound National Policy and Programme Framework (TBNPPF) was adopted which includes a comprehensive set of policies, objectives, indicators, outputs, target groups, activities and responsibilities for all relevant stakeholders, which will help eradicate the worst forms of child labour in Jordan. The Committee also notes that Jordan has adopted several other national strategies and plans related to children’s rights, including the Jordanian National Plan of Action for Children for the years 2004–13, the 2000 Early Childhood Development Strategy and its 2003–07 subsequent Plan of Action, and the National Youth Strategy for Jordan for the years 2005–09. The Committee requests the Government to continue to provide information on the concrete measures taken within the framework of the TBNPPF to eliminate the worst forms of child labour, and the results achieved. It also requests the Government to provide information on the implementation of these strategies and plans on the eradication of the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had noted the various penalties provided for in the Labour and Penal Codes and had noted that the fines imposed on employers violating the provisions of the Labour Code were low. The Committee had also noted that labour inspectors seemed to refrain from reporting cases of violations of the law to courts or from imposing fines on employers found in breach of the labour legislation because of the difficult economic situation of the country. The Committee notes that, according to the December 2006 ILO/IPEC study entitled “Rapid assessment on the worst forms of child labour in Jordan: Survey analysis” (rapid assessment survey), official records suggest that there is a very weak enforcement of the provisions of the Labour Code which deal with the illegal employment of children. It notes from the Government’s report that there are currently proposed legislative amendments that include more severe penalties in respect of minors. The Government also indicates that programmes are being implemented to train labour inspectors with regard to their activities relating to child labour and its worst forms to better enforce the relevant national legislation. However, the Committee notes that there does not seem to be any measures envisaged to modify the penalties provided for in the Labour and Penal Codes. The Committee therefore requests the Government to take measures to ensure that penalties with regard to the worst forms of child labour are sufficiently effective and dissuasive. It requests the Government to continue providing information on the application of the penalties in practice, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Awareness-raising campaigns. The Committee had previously noted that the Child Labour Unit within the Ministry of Labour participated in an ILO/IPEC educational programme named Supporting Children’s Rights through Education (SCREAM). It had noted that the programme’s objective was to increase awareness of the phenomenon of child labour, including its worst forms. The Committee notes that, according to the March 2007 Technical Progress Report on the ILO/IPEC NPEC project, the wide-scale awareness-raising activities conducted through, notably, the SCREAM programme aided and supported policy development related to the worst forms of child labour. Furthermore, it is indicated in the Technical Progress Report (page 6) that many other awareness-raising activities are ongoing in collaboration with diverse professional groups and non-governmental organizations, such as the Jordanian Hashemite Fund for Human Development (JOHUD), as well as with the Ministry of Education. The Committee requests the Government to provide information on the concrete impact these awareness-raising campaigns have had on preventing the engagement of children in the worst forms of child labour.

2. Education. The Committee notes that, according to the rapid assessment survey of December 2006 conducted by the Centre for Strategic Studies of the University of Jordan in collaboration with ILO/IPEC, the average age of working children is 15 years, indicating that most of the working children spend few years in schools before dropping out. The rapid assessment survey also indicates that 14.9 per cent of the sampled children spend less than five years at school, suggesting that they have probably joined the labour market. Furthermore, the Committee notes the concern of the Committee on the Rights of the Child (CRC), in its concluding observations of 29 September 2006, about children at risk of leaving school before completing their primary education, despite Jordan’s efforts to prevent children from dropping out of basic education (CRC/C/JOR/CO/3, paragraph 73). The CRC also expressed its concern about the drop-out rates at the secondary level, as well as about the lack of schooling facilities and equipment, the overcrowding of classrooms, the under-qualification of teachers and the inadequate teaching methods. However, the Committee notes that, in the context of the ILO/IPEC NPEC project, many programmes have been implemented in Jordan with a view to improving the access to and the quality of basic education to prevent child labour. Such programmes include the “Alternatives to combating child labour through education and continued services in the Middle East and North Africa – ACCESS-MENA” programme, implemented in Jordan by the non‑governmental organization CHF International, and the “Education Drop-Out Programme” adopted by the Ministry of Education. Considering that education contributes to preventing the employment of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of these programmes on improving the quality of free basic education and, in particular, on reducing school drop-out rates.

Clause (c). Ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee notes with interest that, according to the March 2007 Technical Progress Report of the ILO/IPEC NPEC project, 289 children were prevented from entering child labour and its worst forms since the implementation of the project, and 595 were withdrawn from the same, through the provision of educational services or training opportunities. It further notes that 1,052 children were withdrawn from child labour and its worst forms through the provision of other non-educational related services.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that 13.4 per cent of the 387 children interviewed in the rapid assessment survey of December 2006 are streets vendors, most of whom are boys. The survey indicates that the risks faced by street children in Jordan are varied and often serious, including car accidents, breathing in of exhaust fumes, fatigue and verbal and physical abuse from adults and street gangs. Furthermore, more children have recently been found scavenging on the streets and in garbage dumps, exposing them to dangerous items such as broken glass, rusty nails, metal scraps and syringes. The Committee also notes that, in its concluding observations of 29 September 2006, the Committee on the Rights of the Child expressed its concern that due to the insufficient information and statistics about street children, the number of children working in the streets can only be estimated (CRC/C/JOR/CO/3, paragraph 90). More importantly, the Committee on the Rights of the Child is also concerned about the lack of a systematic and comprehensive strategy to address the situation. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to take time-bound and effective measures to ensure that they are protected from the worst forms of child labour. It also requests the Government to provide information on the impact of such measures on bringing an end to this phenomenon, particularly with regard to the rehabilitation and social integration of street children.

Article 8. International cooperation and assistance. Poverty eradication. The Committee notes that the rapid assessment survey indicates that the difficult economic and social conditions in Jordan, coupled with population growth and scarce natural resources, are arguably the primary factors behind the continued employment of children in various sectors. According to the survey, most working children come from households with an average monthly income of 100 dinars or less. The Committee takes note, however, that Jordan has adopted strategies and plans aimed at giving priority to children in development programmes and fighting against poverty, including the Strategic Plan of the Ministry of Social Development and the National Assistance Fund for the period of 2004–06 and the 2002 National Anti-Poverty Strategy: Fighting Poverty for a Stronger Jordan. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any notable impact of these programmes towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Committee on the Rights of the Child expressed its regret on the lack of data on the extent and magnitude of commercial sexual exploitation of children and trafficking in children for exploitative purposes in Jordan. The Committee urges the Government to take measures to ensure that sufficient data on the commercial sexual exploitation of children and child trafficking is available. The Committee also requests the Government to continue supplying information on the nature, extent and trends of the worst forms of child labour and the number of children covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the Government set up the National Coalition for Children which includes representatives of international organizations, non-governmental organizations (NGOs) and official institutions. The National Coalition for Children is composed of specialized committees such as a legal committee on legal and legislative affairs responsible for upgrading the legislation to safeguard and protect the rights of the child, and a committee on child protection affairs in charge of participating in the formulation of policies to protect children from child labour. The Committee asks the Government to keep it informed of the concrete measures taken by the National Coalition for Children to secure the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. The Committee notes that article 13 of the Constitution prohibits forced labour. It also observes that the Law on slavery eradication of 1929 prohibits slavery, debt bondage and trafficking and provides for penalties for violations of such prohibitions. The Committee also observes that, according to a report by certain NGOs on the implementation of the Convention on the Rights of the Child (June 1998) annexed to the Government’s report to the Committee on the Rights of the Child, the Law on slavery eradication of 1929 shall be amended or a new legislation promulgated “to prevent trafficking in children in a manner more consistent with the new developments and changes that have taken place in Jordanian society”. It also notes from the Government’s indications to the Committee on the Rights of the Child that the Penal Code prohibits the abduction or concealment of a child under 7 years of age (section 287), the abduction or kidnapping of a child under 15 years, even with his/her consent, with a view to removing the minor from the authority of his/her guardian (section 291). The Committee would be grateful if the Government would supply a copy of the Penal Code together with information on any amendments envisaged or adopted.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes the absence of information in the Government’s report on this issue. However, it notes from the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 149) that the Penal Code provides for sanctions for anyone who induces a female to become a prostitute in or outside the country (section 310(1)), or induces a female to leave the country in order to reside in or frequent a house of prostitution (section 310(2)), or induces a person under 15 years of age to commit an act of sodomy with him (section 310(5)). Section 305(3) of the Penal Code provides for sanctions for anyone who proposes an indecent act to a boy under 15 years of age or a female. The Committee recalls that under Article 3, clause (b), of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 57), section 310 of the Penal Code provides for a penalty of imprisonment for anyone who incites a juvenile under 15 years of age to engage in an immoral act if the court is convinced that the juvenile was harmed thereby. It also observes that section 298 of the Penal Code sanctions with imprisonment anyone who, without using force or threats, sexually assaults a male or a female child under 15 years of age or induces him or her to engage in an indecent act (CRC/C/70/Add.4, dated 17 September 1999, paragraph 149). The Committee draws the Government’s attention to Article 3, clause (b), of the Convention, according to which the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour. The Committee asks the Government to provide information on the meaning of an “immoral act” and an “indecent act” under the abovementioned provisions of the Penal Code and to indicate examples of such acts. It also requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited and that it applies to all persons under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee takes note of section 8(b)(iii) of the Law on narcotic drugs and psychotropic substances of 1988 which provides for the death penalty for anyone who uses a minor for the production, transportation, sale or purchase of drugs. The Committee requests the Government to supply information on the definition of a minor under the Law on narcotic drugs and psychotropic substances of 1988.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the Child Labour Unit established in 1999 within the Ministry of Labour is monitoring the size, types and causes of child labour through a survey formulated to measure the social, economic and health dimensions of this phenomenon. The Committee asks the Government to provide information on the functioning of the Child Labour Unit and the measures taken by it to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication, in its report, that the Child Labour Unit is formulating a national strategy for the eradication of the worst forms of child labour by 2005. To this end, specialized experts in economics, sociology and education will be appointed and most formal and informal bodies working on child labour will get involved through the setting up of a national committee on child labour. The Committee also observes that the Government’s report highlights efforts to develop a media strategy aimed at raising awareness among the different classes of society on the rights of the child, the importance of education, the disadvantages of dropping out of school and taking up employment at an early age. The Committee requests the Government to provide information on the development, findings and results of the national strategy for the elimination of the worst forms of child labour. It also asks the Government to provide information on consultations held with workers’ and employers’ organizations and whether the views of other concerned groups were taken into account when formulating the national strategy plan as required by Article 6 of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s indication that section 3 of the Order of 1997 on the employment of young persons in dangerous, tiring, or health-threatening tasks states that an employer or director of an undertaking who violates this Order shall be punished by the penalty laid down in section 77 of the Labour Code, No. 8 of 1996. It also observes that section 77 of the Labour Code provides for a fine of 100 dinars (about US$140) and a maximum fine of 500 dinars (about US$700). The Committee also observes that imprisonment could be pronounced against a person who contravenes the provisions on sexual offences (sections 298, 305 and 311, of the Penal Code, for instance), trafficking of children (sections 287 and 291 of the Penal Code), slavery or trafficking of children (section 5 in fine of the Abolition of Slavery Law). Penalties of imprisonment can also be handed down for violations of the provisions prohibiting the use of children for the production and trafficking of drugs (sections 7, 8(b)(iii), 9(c)(iii) of the Law on narcotic drugs and psychotropic substances of 1988). The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, paragraph 149), section 310 of the Penal Code provides for imprisonment from one month to three years and a fine of 5 to 50 dinars (approximately US$7 to 70) for anyone who induces a female to become a prostitute or to leave the country to reside in a brothel.

However, according to the National Report on Child Labour of 1997, labour inspectors refrain from reporting cases of violations of the law to courts or from imposing fines on employers found in breach of the labour legislation because of the difficult economic situation of the country. The Committee also notes that low fines are imposed on employers violating the provisions of the Labour Code. The Committee recalls that, under Article 7, paragraph 1, of the Convention, the Government shall take necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including appropriate penalties. The Committee hopes that the Government will adopt the necessary measures to ensure that penalties are dissuasive and that the labour inspectors carry on their duties.

The Committee observes that, according to the NGO’s report on the implementation of the Convention on the Rights of the Child (June 1998) annexed to the Government’s report to the Committee on the Rights of the Child, the Penal Code may be amended. These amendments are envisaged in view of the recent increase in the number of offences involving physical, psychological harm and sexual exploitation of children as well as their employment in tourist facilities. The amendments would aim at providing for increased penalties and at ensuring that anyone who fails to notify the competent authorities of an act involving ill‑treatment of children is held criminally responsible. The Committee requests the Government to supply a copy of the amendments to the Penal Code as soon as they are adopted.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the adoption of effective and time-bound measures. However, it notes that a three-year programme focusing on the prevention, withdrawal and rehabilitation of children was launched in 2002, with the assistance of ILO/IPEC. The programme aims at carrying out analysis of the child labour situation, as well as establishing and implementing policies and programmes for the elimination of child labour and the protection of working children. The Committee notes that special attention will be given to prevent the participation of children in hazardous work or activities. The programme will also focus on the protection of those who are particularly young and vulnerable such as girls. The Committee accordingly requests the Government to supply information on the impact of this three-year programme. It also asks the Government to supply information on the actions taken or envisaged, as required under Article 7(2)(c) of the Convention, to ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.

Clause (a).  Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee observes that the Child Labour Unit within the Ministry of Labour participates in an ILO/IPEC educational programme named Supporting Children’s Rights through Education, Arts and Media (SCREAM). The programme’s objective is to increase awareness of the phenomenon of child labour, including its worst forms. The Committee accordingly requests the Government to provide information on the impact of the SCREAM programme on preventing the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Labour Code does not apply to: (a) an employer’s family members working without remuneration in his/her undertaking (section 3); (b) domestic servants, gardeners, cooks and the like; (c) agricultural workers excluding those who shall be covered by the Code, pursuant to a decision taken by the Council of Ministers. It also observes that pursuant to section 2 of the Labour Code, a worker is anyone who performs work, in return for remuneration, for an employer under his/her direction, including minors, trainees and persons on trial period. However the Committee observes that, according to the National Report on Child Labour of 1997, 6.1 per cent of working children are self-employed, 14.5 per cent work for the family, and 10.2 per cent work for no wages. Thus more than 30 per cent of working children fall outside the scope of application of the Labour Code. The Committee requests the Government to provide information on measures envisaged or taken to protect child workers, who are excluded from the scope of application of the Labour Code, from the worst forms of child labour.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the labour inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. However, according to the National Study on Child Labour drafted by the National Task Force for Children in 1997, the number of labour inspectors is insufficient. The country counted only 69 inspectors in 1997, which inspected, on an average day, five enterprises. They looked mainly at health, safety and related hazards. Following the launch of the National Plan of Action, the Ministry of Labour appointed inspectors to visit establishments and identify cases of child labour. These inspections provided useful information on the types of activities carried out by children, the age of child workers as well as working hours. The Committee notes however that, according to the Ministry of Labour’s report on the status of child labour, 88 per cent of child workers work in undertakings employing five workers or less. The report points out that it is very difficult to control these small undertakings which are often geographically scattered. Consequently, such enterprises are more likely to infringe the legal provisions protecting child workers. The Committee asks the Government to continue to provide information on the inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention, the measures taken or envisaged to increase the number of labour inspectors as well as the measures taken or envisaged to secure that labour legislation is applied in small undertakings. The Committee further requests the Government to provide information on the body responsible for monitoring the implementation of the penal law giving effect to the Convention.

Part V of the report form. The Committee notes that the Government supplied the Ministry of Labour’s report on the status of child labour in Jordan of 2001, which provides for detailed information and statistical data on child labour. It contains useful information on child workers’ activities, working hours, occupational hazards or abuses faced by them. Thus, the Committee observes that the majority of children aged 13 to 15 (41.8 per cent) work long hours, exceeding 49 hours per week. The Committee also observes that data highlight the major problems reported by child workers of less than 16 years of age. In industrial areas for instance, the major problems reported were occupational accidents, burns and injuries, beatings and verbal abuse. Another table shows occupational hazards reported by employers. It indicates that child workers are often victims of accidents from sharp machines and materials, and suffer burns from explosive gases and substances. The Committee would be grateful if the Government could continue to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and the number and nature of infringements reported, investigations, prosecutions, convictions and sanctions applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first and second reports, and requests it to supply further information on the following points. It notes with interest that Jordan signed in 2002 a Memorandum of Understanding with ILO/IPEC aimed at the progressive elimination of child labour, especially its worst forms.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the Government set up the National Coalition for Children which includes representatives of international organizations, non-governmental organizations (NGOs) and official institutions. The National Coalition for Children is composed of specialized committees such as a legal committee on legal and legislative affairs responsible for upgrading the legislation to safeguard and protect the rights of the child, and a committee on child protection affairs in charge of participating in the formulation of policies to protect children from child labour. The Committee asks the Government to keep it informed of the concrete measures taken by the National Coalition for Children to secure the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that article 13 of the Constitution prohibits forced labour. It also observes that the Law on slavery eradication of 1929 prohibits slavery, debt bondage and trafficking and provides for penalties for violations of such prohibitions. The Committee also observes that, according to a report by certain NGOs on the implementation of the Convention on the Rights of the Child (June 1998) annexed to the Government’s report to the Committee on the Rights of the Child, the Law on slavery eradication of 1929 shall be amended or a new legislation promulgated "to prevent trafficking in children in a manner more consistent with the new developments and changes that have taken place in Jordanian society". It also notes from the Government’s indications to the Committee on the Rights of the Child that the Penal Code prohibits the abduction or concealment of a child under 7 years of age (section 287), the abduction or kidnapping of a child under 15 years, even with his/her consent, with a view to removing the minor from the authority of his/her guardian (section 291). The Committee would be grateful if the Government would supply a copy of the Penal Code together with information on any amendments envisaged or adopted.

2. Forced or compulsory recruitment of children in armed conflict. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that the Government indicated, in its report to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 160), that section 5 of the Military Service Act No. 2 of 1972 requires military recruits to be over 16 years of age. It also observes that section 3(a) of Part II of the Compulsory Military Service Act No. 23 of 1986 provides that every Jordanian male has an obligation to perform military service when he attains 18 years of age. The Committee nevertheless notes that, by virtue of article 13 of the Constitution, compulsory labour may not be imposed on any person, but any person may be required to do any work or to render any service in circumstances prescribed by law in a state of war. The Committee consequently asks the Government to indicate the measures adopted or envisaged to secure the prohibition of the forced or compulsory recruitment of children under 18 years of age for use in armed conflict in a situation of war, as envisaged in article 13 of the Constitution. It also requests the Government to provide a copy of the Military Service Act No. 2 of 1972 and the Compulsory Military Service Act No. 23 of 1986.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes the absence of information in the Government’s report on this issue. However, it notes from the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 149) that the Penal Code provides for sanctions for anyone who induces a female to become a prostitute in or outside the country (section 310(1)), or induces a female to leave the country in order to reside in or frequent a house of prostitution (section 310(2)), or induces a person under 15 years of age to commit an act of sodomy with him (section 310(5)). Section 305(3) of the Penal Code provides for sanctions for anyone who proposes an indecent act to a boy under 15 years of age or a female. The Committee recalls that under Article 3, clause (b), of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 57), section 310 of the Penal Code provides for a penalty of imprisonment for anyone who incites a juvenile under 15 years of age to engage in an immoral act if the court is convinced that the juvenile was harmed thereby. It also observes that section 298 of the Penal Code sanctions with imprisonment anyone who, without using force or threats, sexually assaults a male or a female child under 15 years of age or induces him or her to engage in an indecent act (CRC/C/70/Add.4, dated 17 September 1999, paragraph 149). The Committee draws the Government’s attention to Article 3, clause (b), of the Convention, according to which the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour. The Committee asks the Government to provide information on the meaning of an "immoral act" and an "indecent act" under the abovementioned provisions of the Penal Code and to indicate examples of such acts. It also requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child for the production of pornography or for pornographic performances is prohibited and that it applies to all persons under 18 years of age.

The Committee takes note of the Government’s indications to the Committee on the Rights of the Child (CRC/C/70/Add.4, dated 17 September 1999, paragraph 148) that it has formulated a national strategy to tackle the problem of child sexual exploitation or abuse. This strategy will be carried on by the Higher National Committee on Family (Mother and Child) Protection. The Committee requests the Government to provide information on the establishment, functioning and powers of this Higher National Committee.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee takes note of section 8(b)(iii) of the Law on narcotic drugs and psychotropic substances of 1988 which provides for the death penalty for anyone who uses a minor for the production, transportation, sale or purchase of drugs. The Committee requests the Government to supply information on the definition of a minor under the Law on narcotic drugs and psychotropic substances of 1988.

Clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes that section 74 of the Labour Code of Jordan, No. 8, of 1996 was amended by provisional Law of 10 July 2002, which raises the minimum age for admission to dangerous, tiring, or health threatening works to 18 years. It also observes that the Order on dangerous, tiring or health endangering tasks for young persons of 1997, which provides for a list of hazardous works, was amended in 2004. The Committee consequently notes that, pursuant to the 2004 amendments, children under 18 years of age shall not perform: (i) work with mechanically operated equipment; (ii) work with oil and gas machines; (iii) work requiring the scuba diving equipment; (iv) construction work; (v) work in which the worker is exposed to noise, vibration, high air pressure, ionizing and non-ionizing radiation, dust (that leads to cirrhosis) and organic dust or compounds; (vi) underground work; (vii) work in offices, hotels, restaurants, nightclubs, etc. The Committee accordingly asks the Committee accordingly asks the Government to provide information on the practical application of the above-mentioned provisions.

Article 4, paragraph 2. Identification of hazardous work. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee notes the absence of information in the Government’s report in this regard. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the Child Labour Unit established in 1999 within the Ministry of Labour is monitoring the size, types and causes of child labour through a survey formulated to measure the social, economic and health dimensions of this phenomenon. The Committee asks the Government to provide information on the functioning of the Child Labour Unit and the measures taken by it to monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication, in its report, that the Child Labour Unit is formulating a national strategy for the eradication of the worst forms of child labour by 2005. To this end, specialized experts in economics, sociology and education will be appointed and most formal and informal bodies working on child labour will get involved through the setting up of a national committee on child labour. The Committee also observes that the Government’s report highlights efforts to develop a media strategy aimed at raising awareness among the different classes of society on the rights of the child, the importance of education, the disadvantages of dropping out of school and taking up employment at an early age. The Committee requests the Government to provide information on the development, findings and results of the national strategy for the elimination of the worst forms of child labour. It also asks the Government to provide information on consultations held with workers’ and employers’ organizations and whether the views of other concerned groups were taken into account when formulating the national strategy plan as required by Article 6 of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s indication that section 3 of the Order of 1997 on the employment of young persons in dangerous, tiring, or health-threatening tasks states that an employer or director of an undertaking who violates this Order shall be punished by the penalty laid down in section 77 of the Labour Code, No. 8 of 1996. It also observes that section 77 of the Labour Code provides for a fine of 100 dinars (about US$140) and a maximum fine of 500 dinars (about US$700). The Committee also observes that imprisonment could be pronounced against a person who contravenes the provisions on sexual offences (sections 298, 305 and 311, of the Penal Code, for instance), trafficking of children (sections 287 and 291 of the Penal Code), slavery or trafficking of children (section 5 in fine of the Abolition of Slavery Law). Penalties of imprisonment can also be handed down for violations of the provisions prohibiting the use of children for the production and trafficking of drugs (sections 7, 8(b)(iii), 9(c)(iii) of the Law on narcotic drugs and psychotropic substances of 1988). The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/70/Add.4, paragraph 149), section 310 of the Penal Code provides for imprisonment from one month to three years and a fine of 5 to 50 dinars (approximately US$7 to 70) for anyone who induces a female to become a prostitute or to leave the country to reside in a brothel.

However, according to the National Report on Child Labour of 1997, labour inspectors refrain from reporting cases of violations of the law to courts or from imposing fines on employers found in breach of the labour legislation because of the difficult economic situation of the country. The Committee also notes that low fines are imposed on employers violating the provisions of the Labour Code. The Committee recalls that, under Article 7, paragraph 1, of the Convention, the Government shall take necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including appropriate penalties. The Committee hopes that the Government will adopt the necessary measures to ensure that penalties are dissuasive and that the labour inspectors carry on their duties.

The Committee observes that, according to the NGO’s report on the implementation of the Convention on the Rights of the Child (June 1998) annexed to the Government’s report to the Committee on the Rights of the Child, the Penal Code may be amended. These amendments are envisaged in view of the recent increase in the number of offences involving physical, psychological harm and sexual exploitation of children as well as their employment in tourist facilities. The amendments would aim at providing for increased penalties and at ensuring that anyone who fails to notify the competent authorities of an act involving ill-treatment of children is held criminally responsible. The Committee requests the Government to supply a copy of the amendments to the Penal Code as soon as they are adopted.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the adoption of effective and time-bound measures. However, it notes that a three-year programme focusing on the prevention, withdrawal and rehabilitation of children was launched in 2002, with the assistance of ILO/IPEC. The programme aims at carrying out analysis of the child labour situation, as well as establishing and implementing policies and programmes for the elimination of child labour and the protection of working children. The Committee notes that special attention will be given to prevent the participation of children in hazardous work or activities. The programme will also focus on the protection of those who are particularly young and vulnerable such as girls. The Committee accordingly requests the Government to supply information on the impact of this three-year programme. It also asks the Government to supply information on the actions taken or envisaged, as required under Article 7(2)(c) of the Convention, to ensure access to free basic education, and, wherever possible and appropriate, vocational training, for all children removed from the worst forms of child labour.

Clause (a).  Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee observes that the Child Labour Unit within the Ministry of Labour participates in an ILO/IPEC educational programme named Supporting Children’s Rights through Education, Arts and Media (SCREAM). The programme’s objective is to increase awareness of the phenomenon of child labour, including its worst forms. The Committee accordingly requests the Government to provide information on the impact of the SCREAM programme on preventing the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that the Labour Code does not apply to: (a) an employer’s family members working without remuneration in his/her undertaking (section 3); (b) domestic servants, gardeners, cooks and the like; (c) agricultural workers excluding those who shall be covered by the Code, pursuant to a decision taken by the Council of Ministers. It also observes that pursuant to section 2 of the Labour Code, a worker is anyone who performs work, in return for remuneration, for an employer under his/her direction, including minors, trainees and persons on trial period. However the Committee observes that, according to the National Report on Child Labour of 1997, 6.1 per cent of working children are self-employed, 14.5 per cent work for the family, and 10.2 per cent work for no wages. Thus more than 30 per cent of working children fall outside the scope of application of the Labour Code. The Committee requests the Government to provide information on measures envisaged or taken to protect child workers, who are excluded from the scope of application of the Labour Code, from the worst forms of child labour.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the labour inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. However, according to the National Study on Child Labour drafted by the National Task Force for Children in 1997, the number of labour inspectors is insufficient. The country counted only 69 inspectors in 1997, which inspected, on an average day, five enterprises. They looked mainly at health, safety and related hazards. Following the launch of the National Plan of Action, the Ministry of Labour appointed inspectors to visit establishments and identify cases of child labour. These inspections provided useful information on the types of activities carried out by children, the age of child workers as well as working hours. The Committee notes however that, according to the Ministry of Labour’s report on the status of child labour, 88 per cent of child workers work in undertakings employing five workers or less. The report points out that it is very difficult to control these small undertakings which are often geographically scattered. Consequently, such enterprises are more likely to infringe the legal provisions protecting child workers. The Committee asks the Government to continue to provide information on the inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention, the measures taken or envisaged to increase the number of labour inspectors as well as the measures taken or envisaged to secure that labour legislation is applied in small undertakings. The Committee further requests the Government to provide information on the body responsible for monitoring the implementation of the penal law giving effect to the Convention, especially the Penal Code, the Law on narcotic drugs and psychotropic substances of 1988 and the Abolition of Slavery Law of 1929.

Article 8. International cooperation. The Committee notes the Government’s statement, in its report, regarding the absence of bilateral Conventions or collaboration between Jordan and other countries. The Committee observes that Jordan is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government signed, in 2000, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part V of the report form. The Committee notes that the Government supplied the Ministry of Labour’s report on the status of child labour in Jordan of 2001, which provides for detailed information and statistical data on child labour. It contains useful information on child workers’ activities, working hours, occupational hazards or abuses faced by them. Thus, the Committee observes that the majority of children aged 13 to 15 (41.8 per cent) work long hours, exceeding 49 hours per week. The Committee also observes that data highlight the major problems reported by child workers of less than 16 years of age. In industrial areas for instance, the major problems reported were occupational accidents, burns and injuries, beatings and verbal abuse. Another table shows occupational hazards reported by employers. It indicates that child workers are often victims of accidents from sharp machines and materials, and suffer burns from explosive gases and substances. The Committee would be grateful if the Government could continue to provide information on the worst forms of child labour, including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and the number and nature of infringements reported, investigations, prosecutions, convictions and sanctions applied.