Worst Forms of Child Labour Convention, 1999 (No. 182) - Cambodia (Ratification: 2006)

Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



The Government provided the following written information.

With regard to the issue of the sale and trafficking of children, the Government indicates that it has been working very hard to prevent and eliminate this phenomenon. As a result, 95 actions have been taken in 2014 in all 25 provinces by the National Police and Royal Armed Forces. 127 suspects have been sent to the Municipal Court of First Instance. As reported by the National Committee for Counter Trafficking (NCCT) in 2014, there are 412 people that have been saved from human trafficking, of whom 67 persons are aged below 15 years of age and 36 persons are aged between 15 and 18 years of age. These people have been transferred to the Department of Social Affairs, Veterans and Youth Rehabilitation, organizations and their families for safeguard. In addition, the Government has continued strengthening effective law enforcement and taking measures to ensure the robust prosecution of offenders. In this regard, the Action Plan of the NCCT 2014–18 was adopted in early 2015. This Action Plan is a significant roadmap to contribute to the eradication of all forms of child labour and exploitation of children under its four key strategies namely: (1) strengthening law, policy and enhancing cooperation; (2) enhancing prevention; (3) enhancing the criminal justice response to human trafficking; and (4) protecting victims through quality support appropriate to their gender and age. Regarding the issue of compulsory labour exacted in drug rehabilitation centres, the Government indicates that children under the ages of 18 years are not permitted to be in drug rehabilitation centres. Instead of being detained in drug rehabilitation centres, they are sent to different organizations or orphanages for their rehabilitation in which they are not subjected to the obligation to perform work. Finally, the Government indicates that it has been fully engaged in improving the national education system through reforms by the Ministry of Education, Youth and Sports (MoEYS) in accordance with the National Strategic Development Plan 2014–18. MoEYS has been implementing the 3rd Education Strategic Plan 2014–18 in which the numbers of schools and students have increased gradually. The 2014–15 annual report of MoEYS indicates that 31 out of 72 education policies have been completely implemented, 61.4 per cent out of 66 per cent of the target of all forms of educational services provided for children aged 5 has been achieved, the drop-out rate at primary school level has been reduced from 10.5 per cent in 2013–14 to 8.3 per cent in 2014–15, the drop-out rate at secondary school level has fallen from 21.2 per cent in 2012–13 to 21 per cent in 2013–14, and the real enrolment rate at the primary school level has risen from 95.3 per cent in 2013–14 to 99.4 per cent in 2014–15.

In addition, before the Committee, a Government representative referred to the recent observation by the Committee of Experts. First, concerning the application of Articles 3(a), 7(1) and 7(2)(a) and (b) of the Convention, he said that the NCCT had been actively implementing activities based on the national Action Plan and its implementation together with the Village/Commune Safety Policy. According to the 2014 annual report of the Ministry of Social Affairs, Veterans and Youth Rehabilitation, seven provincial departments of the Ministry in Phnom Penh, Pursat, Kampot, Kratie, Siem Reap, Svay Reang and Banteay Mean Chey had successfully rescued victims from 346 cases of human trafficking (including child trafficking), 154 of whom had been provided with counselling, education, rehabilitation and vocational skills training. Child labour prevention activities had continued to remove children from the worst forms of child labour and ensure support services, including education, vocational training and reintegration and cooperation had continued with civil society organizations to combat trafficking of women and children and to promote decent work for children. As a result, in 2014, the Ministry of Labour and Vocational Training had removed 12,515 children from the worst forms of child labour and prevented 8,106 children from entering child labour by supporting them and providing them with non-formal education and vocational training. Furthermore, the National Multi-Sectoral Orphans and Vulnerable Children Task Force (NOVCTF) had provided care support at home to orphans, vulnerable children, children living with HIV/AIDS through social counselling and sensitizing children at school for care and treatment, and had provided food, shelter and seed capital for family businesses in target provinces. Second, with respect to the application of Article 3(a) of the Convention, he noted that the Law on Juvenile Justice was still in the drafting stage and the protection and safeguard of minors under detention therefore remained in accordance with Article 67 of the Law on Prisons of 21 November 2011. Third, concerning the application of article 7(2)(a) of the Convention, he explained that, with government support, schools at all educational levels had been built every year and the number of children in school had gradually increased. Simultaneously, private and public schools had been built both in urban and rural areas to provide better access to education. The Sub-national Committee on Combating Child Labour and Other Forms of Exploitation of Children and Women had also been preparing a National Plan of Action on Child Labour Reduction and Elimination of the Worst Forms of Child Labour Phase II (2014–18). In conclusion, he affirmed his Government’s commitment to providing better protection and safeguards to all children in the country and to preventing them from all forms of child labour and child trafficking. The Cambodian National Council for Children (CNCC) was establishing a National Child Protection System to improve networking among all government institutions. Action plans and policies would be adopted to promote child protection and child development throughout the country.

The Worker members noted that Cambodia was still in a situation of serious violation of various fundamental labour Conventions and invited the Government to respond to concerns relating to all of the Conventions indicated by the Committee of Experts. They expressed serious concern at the trafficking of children for sexual and labour exploitation, despite the adoption of a National Plan of Action on Trafficking and Sexual Exploitation of Children. They noted that children from poor families were extremely vulnerable to forced labour, which was particularly prevalent in the forms of domestic servitude and forced begging. Victims of trafficking in children for sex in Cambodia, which remained extremely widespread, included young Cambodian girls, others from ethnic minorities in Viet Nam, and women and children from Viet Nam who were victims of debt bondage. Little action was being taken to bring the perpetrators to justice, protect victims or prevent such crimes. Despite existing legislation, the number of cases of trafficking that had been successfully investigated by the Government, leading to convictions, remained small and had even fallen. This was due to insufficient understanding of the phenomenon of trafficking for labour exploitation, difficulties in gathering evidence and inadequate efforts to protect victims. There had been numerous reports of corrupt officials in Cambodia, Thailand and Malaysia collaborating with labour recruiters to transport victims of trafficking across borders. There were other reports of children under 18 years of age being detained in drug rehabilitation centres operating on the edge of the law after operations to “clean up the streets”, even if they were not drug addicts, who were subjected to physical and psychological abuse. Those centres infringed on a whole series of relevant international humanitarian law standards, including the Forced Labour Convention, 1930 (No. 29), and Convention No. 182. The Worker members emphasized that, according to a report from the United States Department of Labor, half of the children working in Cambodia were employed in agriculture (particularly harvesting sugar cane, a product largely destined for foreign markets), forestry and fishing. Many of these children performed dangerous activities. There were also cases of hazardous work in salt pans, construction and fisheries. This was also the case in the clothing sector, where young girls worked full time, often using dangerous machinery and sometimes even at night, with false identity papers as they were under age. This was due to poverty and the need to contribute to family income, as wages in Cambodia were often too low to meet essential needs. Cambodia was facing a series of challenges in respecting, promoting and realizing certain fundamental workers’ rights, including the elimination of the worst forms of child labour. The Government could and should do more, particularly in terms of putting an end to corruption, which seriously undermined any effort to achieve sustainable solutions. The Worker members expressed their concern at the existence of the worst forms of child labour in the production of goods that endorsed the global supply chain. The Government must ensure full respect for the law, and it was also the responsibility of enterprises to identify and resolve problems promptly.

The Employer members said that the Convention was fundamental because the abuse and exploitation of anyone, particularly children, could not be justified at any level. They could not accept any practice that was in violation of the principles and requirements of the Convention and, in that light, viewed the observation of the Committee of Experts published in 2015 with great concern, particularly because little had changed to alleviate the same concerns expressed by the Committee in 2012. They recalled Articles 1, 3 and 7 of the Convention, the latter of which set out two requirements: that ratifying Governments identified abusive child labour and, as a corollary, that they realized the right to children’s education to ensure decent work. They further recalled certain points in the observation of the Committee of Experts in 2012, in which it had noted that the provisions of the Labour Code of 1997 prohibiting children under 18 years from engaging in hazardous work did not reconcile with findings that children as young as 6 or 7 years of age were engaged in domestic work for 12 to 16 hours a day, seven days a week. The Labour Code appeared to only apply to those with an employment relationship and failed to cover many areas of informal sector work where the most serious child labour problems existed. Furthermore, despite the Government’s information concerning efforts to increase arrests, serious corruption was weakening the efforts that were being made. The Government had provided information concerning an inter-ministerial mechanism to combat the trafficking of women and children, as well as the initiatives by a large number of governmental departments to address trafficking issues. Nevertheless, the Committee of Experts had expressed concern at the low number of actual prosecutions and convictions of traffickers and had urged the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders were carried out. Turning to the current observation of the Committee of Experts, they noted that, according to recent figures, there had been no meaningful improvement concerning the success rate of children saved from trafficking. The implementation of anti-trafficking legislation remained largely ineffective and trafficking of children, particularly for the purpose of sexual exploitation, was continuing. Additional information was needed on the nature and extent of trafficking in the country, which required consistent and standardized approaches to victim identification, data collection and analysis. Moreover, although the Government had taken measures to coordinate national efforts to combat trafficking, further work was needed to convert those efforts and policies into concrete and financially supported action. With respect to concerns about the involuntary admission of persons to drug treatment centres, the Government had provided information concerning different organizations or orphanages that were responsible for rehabilitating detained children, but had not provided assurances that those children were protected from mistreatment. Concerning access to free basic education, the Government had recently provided information that drop-out rates had improved slightly and enrolment at primary school level was nearing 100 per cent. However, it had not addressed the main concerns with respect to the completion of a full programme of education. The Government should be asked to implement new strategies that would produce meaningful results as a matter of urgency.

An observer representing the International Trade Union Confederation (ITUC) welcomed the Government’s policy and the master plan aimed at eliminating the worst forms of child labour by 2015, but said that there was still much to be done. He recalled the 2012 joint survey by the Cambodian Government and the ILO which provided statistics of child workers and those in hazardous jobs. Regarding the worst forms of child labour, he raised three points. First, concerning sex and drug trafficking, young girls had been victimized, forced to work in brothels, and even raped and tortured. The number of arrests of child traffickers reported by the Government did not include the major offenders. He emphasized that child trafficking was well organized and that a strong commitment, manpower and prosecution was required from the Government to combat the major offenders. Second, children were made to work long hours and under hazardous conditions in the construction, agriculture, informal and SME sectors, and received limited attention from the Government. In this regard, the sugar industry was the worst sector of child labour in Cambodia, as children aged 12–17 years were driven by poverty to quit schooling and were made to do heavy work for US$3 a day. Third, because the law restricted employment to those aged 15 years and above, underage workers were found in the garment sectors using fake identification. He referred to the Human Rights Watch Report of 2015, which had found that law enforcement was weakened by the lack of access of children to education, that children were paid less than the minimum wage and that they were instructed to hide from inspectors.

The Employer member of Cambodia emphasized that instances of child labour, including its worst forms, were serious concerns to the Employer members and required the highest attention of all of the tripartite partners in the country, including relevant authorities, as well as the civil society. Gross abuses of children were not acceptable, whether or not they took place in industries. She provided information on several shared efforts with ILO–IPEC to eliminate child labour, including projects to eliminate the worst forms of child labour. The first phase of the project had ended in 2008 and had aimed to strengthen and mobilize capacity, while the second phase extended to 2012. She highlighted the key achievements of the projects, including the development of tools and codes of conduct and of focal points which were provided with tools and education to eliminate child labour. The second phase of the project had continued to focus on building capacity, and had developed a guidebook and awareness-raising packages to be used by employers and workers to disseminate information in industries, including the garment sector. While there was an ongoing engagement between employers and the ILO to combat child labour in Cambodia, further engagement was needed from the tripartite constituents to achieve the full elimination of the worst forms of child labour. The Government needed to move from enacting laws to the enforcement of those laws and should be encouraged to intensify its efforts to eliminate child labour in all its forms. Education and access were essential in this respect, but those reforms would take time before having positive results. She highlighted recent initiatives with employers, including transition measures from primary to secondary school. Other important initiatives included the improvement of the quality of teaching methods, access to education and curriculum design. Any change in the education system would have a marked impact that needed to be managed carefully and strategically. To ensure that young people graduated with relevant labour market tools, the Minister of Education was including vocational training schemes in secondary schools to ensure a more practical education. In the field of education, employers were consulted at all levels and significant positive efforts were under way, but would still take time. It was essential to continue to intensify measures to identify those children most at risk of being trafficked or moved into the worst forms of child labour, and the Employer members were ready to assist. The Cambodian national employment agency had taken innovative steps, working closely with private employment agencies, to disseminate information. There were several opportunities for employers to play a more active role. The elimination of child labour, including its worst forms, needed to be a priority for all constituents, and governments also needed to ensure that the necessary resources were allocated to ensure effective law enforcement and the importance of sanctions.

The Government member of Latvia, speaking on behalf of the European Union (EU) and its Member States, as well as the former Yugoslav Republic of Macedonia, Montenegro, Iceland, Serbia, Albania, Norway, Republic of Moldova and Armenia, said that the EU sought to promote the universal ratification and implementation of the eight fundamental ILO Conventions as part of its human rights strategy. The EU called on all countries to protect and promote all human rights and fundamental freedoms to which their people were entitled. She noted that the Committee of Experts encouraged the Government to strengthen its efforts to combat the sale and trafficking of children through the effective implementation of its anti-trafficking legislation, particularly by enhancing the capacity of law enforcement agencies, including their financial capacity. The EU was concerned by the 2011 concluding observations of the Committee on the Rights of the Child, where the mistreatment of persons in drug retention centres apparently extended to children, and urged the Government to indicate what safeguards existed, in both law and in practice, to ensure that children below the age of 18 years detained in drug rehabilitation centres, who had not been convicted by a court of law, were not subjected to the obligation to perform work. According to an ILO–IPEC survey, the Cambodia Labour Force and Labour Survey 2012, only 3 million out of the 4 million (79 per cent) children aged 5 to 17 years in the country attended school. The EU urged the Government to continue its efforts to reinforce the education system, notably by continuing to increase its financial allocation to the sector and by prioritizing the implementation of its policies to place equitable access, the retention of children in formal education and the quality of education at the centre of its work. Acknowledging the strong leadership of the Government in 2014 in the areas of examination reform, school inspection and teacher policy, which provided a basis for improvement in the sector, she called on the Government to cooperate with the ILO and to respond to the requests of the Committee of Experts and expressed its continued readiness to cooperate with the Government to promote development and the full enjoyment of all human rights.

The Government member of Switzerland supported the statement made by the EU. He expressed great concern about child labour, specifically the sale and trafficking of children. He supported the observations of the Committee of Experts on this issue and said that it was necessary to conduct in-depth investigations. He stressed that all governments should prioritize the education of children. According to the data provided by ILO–IPEC and UNICEF, only around 75 per cent of the children in Cambodia were in school. He encouraged Cambodia to continue its efforts to increase school attendance rates.

The Worker member of Japan referred to statistics provided by the Cambodia Labour Force and Child Labour Survey 2012 and said that those figures were already enough to describe how bad the situation of child labour was in the country; nevertheless, it did not reflect the reality. Thousands of girls and boys were trafficked from, through and within the country every year for the purpose of sexual exploitation and forced labour. Furthermore, over a million children were engaged in child labour, many of them in the worst forms of child labour, including in small enterprises and informal workplaces. Labour inspection, corrective action and accountability were crucial to combating child labour. In 2014, the Cambodian Labour Ministry had taken some positive steps to revamp its monitoring, creating integrated labour inspectorate teams to inspect factories. Those steps were encouraging and overdue, but the Ministry’s efforts continued to be weak in several critical respects: tackling government corruption and collusion with factory management, the lack of transparency about its inspections and outcomes, and poor accountability. He added that the presence of democratic and independent trade unions was essential to eliminating child labour. As monitors of the implementation of the law and collective agreements in the workplace, unions had an important role in combating child labour, alongside employers, by identifying illegal child labour, removing children from the workplace and sending them to school. The high presence of government-dominated trade unions in some sectors, however, allowed the worst forms of child labour to continue unopposed. He therefore urged the Government to ensure that all trade union rights were respected in both law and practice at the earliest date, as this would have a positive impact on the eradication of the worst forms of child labour.

The Government member of Canada recalled that, while Convention No. 182 was one of the most recent ILO Conventions, it had experienced the fastest rate of ratifications and had become one of the eight fundamental Conventions. The Convention addressed egregious activities centred upon some of the most vulnerable people in our societies, namely children. His Government therefore strongly encouraged all States to fully implement its provisions. He welcomed the actions that had already been undertaken to address trafficking and sexual exploitation of children, and to prevent the engagement of children in the worst forms of child labour, by expanding access to early childhood, secondary and post-secondary education, as well as to non-formal, technical and vocational education. While noting positively the efforts focusing on marginalized and vulnerable children and girls who were at risk of dropping out of school, there were still areas where more had to be done, or information had to be provided. He urged the Government to strengthen its efforts to combat the sale and trafficking of children through the implementation of the anti-trafficking legislation, the conduct of investigations, robust prosecutions and the strengthening of law enforcement authorities. He also urged the Government to take action to increase school enrolment, and especially to reduce the drop-out rate at the secondary school level. While noting the information provided by the Government, he indicated that he looked forward to receiving information on the rules governing persons under 18 detained in drug rehabilitation centres, the possible compulsory exaction of child labour in such facilities and the lack of criminal convictions.

The Worker member of the Philippines was alarmed at the high number of out-of-school children in Cambodia. The percentage of girls not attending school was close to 12 per cent. Data also showed that a large proportion of these children (almost 60 per cent) did not attend school because they could not afford to do so or could not access a nearby school. According to UNICEF statistics for 2012, the net attendance rate at primary school, 85.2 per cent for boys and 83.4 per cent for girls, dropped significantly to 45.9 per cent for boys and 44.7 per cent for girls in secondary school. He added that the fact that children and young people were being detained in drug rehabilitation centres could not be ignored. Most persons detained were confined for three to six months, while some detentions lasted up to 18 months. According to government statistics, some 2,200 people were detained in these centres in 2012. The majority of detainees were young men between the ages of 18 and 25, although at least 10 per cent of the total population were children. Under international law, arresting and locking up homeless persons, sex workers, street children or persons with disabilities in drug rehabilitation centres was wholly unacceptable. He therefore asked that all individuals currently detained in Cambodia’s drug rehabilitation centres be immediately and unconditionally released. He added that the expansion of voluntary treatment services should not be a precondition for shutting down and closing inadequate rehabilitation centres. Torture and other ill treatment in these centres were common. Cruel assaults by staff appeared routine and there had been numerous similar cases reported earlier by Human Rights Watch. Bold measures were needed, now more than ever, for a better future for these children and young people.

The Government representative indicated firstly that Mr Kung Atith was not a Cambodian delegate. While taking due note of all the constructive comments made, he observed that some of the information provided was exaggerated and failed to reflect the reality of the situation. The Government was strongly committed to providing better protection and safeguards for children in the country, as well as to preventing their involvement in all forms of child labour and trafficking of persons. The Government continued to strengthen the effective implementation of existing legislation and would endeavour to take further measures. The CNCC was setting up the National Child Protection System in order to ensure close cooperation among government institutions. The CNCC had already been working very closely with the relevant ministries and the social partners for the purposes of promoting child protection. Moreover, despite its limited resources, the NCCT had also been working strenuously to prevent human trafficking and to bring perpetrators to justice. The Government welcomed the collaboration of the national social partners and continued to work closely with the country’s development and social partners. In 2014, 20 per cent of the national budget had been allocated to education and the Government had further increased the allocated budget in 2015. He concluded by expressing his Government’s readiness and commitment to cooperate with the Committee of Experts and to keep it informed of any further progress made.

The Worker members emphasized that the Government needed to be determined to taking urgent, immediate and concrete measures to resolve the serious situation of child labour in Cambodia. They were deeply troubled first and foremost with the absence of a quality national public education system. A combination of corruption and the misuse of resources was depriving many children of a quality education. Instead of education, children were exploited for sex and other worst forms of child labour by criminal networks. They emphasized that children held in drug rehabilitation centres were subjected to forced labour. Children were often forced as the result of the dire poverty of their parents and sometimes worked alongside them, as in the case of agriculture, salt production, fisheries and construction, or they worked on their own in garment factories, using fake identification documents. They therefore urged the Government to immediately end the “clean the streets” operations, immediately release all children held in drug rehabilitation centres, provide medical treatment to those children with actual drug problems by certified medical professionals, and move to close the drug centres completely. They also called for the effective enforcement of anti-trafficking legislation and the provision of information on the progress made in this regard, as well as on the number of investigations, prosecutions, convictions and penal sanctions applied. Inspections should be increased to ensure that workers under the age of 18 were not employed in hazardous work as envisaged by Convention No. 182 and Recommendation No. 190. The Government should work with trade unions and employers to identify the best methods for detecting and eradicating the worst forms of child labour in agriculture and industry. Investment was also needed in quality public education for all children. They called on the Government to accept ILO technical assistance to accomplish these goals.

The Employer members recalled that Convention No. 182 was a fundamental Convention of paramount importance and indicated that the variety of examples that had been mentioned in the discussion showed that the Convention was not being effectively implemented in Cambodia. There were two important areas of focus: the prevention and elimination of trafficking, and the education of children. Moreover, there were concerns with regard to the placement of underprivileged children in drug rehabilitation centres and their poor school attendance rates. The Government had given assurances on a number of programmes, activities and resources that had been established to prevent trafficking and prosecute offenders. The budget for the education system had been increased significantly and there was therefore no excuse for the lack of progress. While aware that building a truly democratic society took time, more still needed to be done. The Employer members agreed with the Worker members on the need for the Government to upgrade the anti-trafficking programmes, provide evidence of significant progress to the Committee, ensure that children were not placed in drug rehabilitation centres, orphanages and other rehabilitation organizations that engaged in practices such as involuntary work, and increase its education budget so as to close the education gap at both the primary and secondary school levels. The Employer members also agreed that ILO technical assistance would be needed to ensure rapid progress.

Conclusions

The Committee took note of the detailed written and oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that ensued relating to the sale and trafficking of children for labour and sexual exploitation, compulsory labour exacted in drug rehabilitation camps, the significant number of children involved in hazardous work in agriculture, salt fields, construction, fisheries and the garment industry, as well as the high number of children not attending school, particularly secondary school.

The Committee noted the detailed information provided by the Government outlining the measures taken to combat the trafficking of children. These included measures to withdraw children under 18 from trafficking and to provide for their rehabilitation and social integration, as well as through the adoption of the Action Plan of the National Committee for Counter Trafficking 2014–18 adopted in early 2015. This National Plan of Action contributed to enhancing prevention and the criminal justice response to human trafficking, as well as protecting victims with gender- and age-appropriate support. The Committee also noted the Government’s indication that children under the age of 18 are not detained in drug rehabilitation centres, but instead were sent to different organizations or orphanages for their rehabilitation in which they were not subjected to the obligation to perform work. Finally, the Committee noted the information provided by the Government on measures taken to implement the National Strategic Development Plan (2014–18) which aimed to expand access to early childhood, secondary and post-secondary education, as well as non-formal, technical and vocational education. As a result, the number of schools and students had increased gradually, enrolment rates at the primary school level had risen and drop-out rates at both the primary and secondary school levels had dropped. Finally, the Government had indicated that it had increased over the past two years the percentage of the national budget allocated to education.

Taking into account the discussion that took place, the Committee urged the Government to:

• in coordination with the social partners, increase its efforts and focus on preventing children from being exposed to the worst forms of child labour, including through increased labour inspections in the formal and informal economy;
• effectively enforce anti-trafficking legislation and provide information on the progress made in this regard, including on the number of investigations, prosecutions, convictions and penal sanctions applied;
• investigate and provide verifiable information on the extent to which forced labour, abuse and related practices occur in drug rehabilitation centres, including assurances that children are not detained in such centres or subject to forced labour and other related practices in any other institution in which they may be lawfully detained. In cases where children are found in such centres or similar institutions, they should be immediately released and provided with appropriate treatment; and
• within the context of the National Strategic Development Plan (2014–18), develop concrete plans to increase the retention rates of children in school, particularly at the secondary school level, and to report on the progress made.

The Committee invited the ILO to offer, and the Government of Cambodia to accept, technical assistance to accomplish the points above.

The Government representative took due note of the conclusions, which his Government would consider within the framework of the Action Plan of the National Committee of Counter Trafficking (2014–18). The data and information provided by the social partners regarding the number of children in the worst forms of labour first needed to be verified. Technical assistance from the ILO and other parties concerned would strengthen the capacity to eradicate the worst forms of child labour in Cambodia, and his Government would keep the ILO informed of progress in that regard.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(d) and 5 of the Convention. Hazardous work and monitoring mechanisms. 1. Hazardous work in the garment and footwear sectors. Following its previous comments, the Committee notes that the Better Factories Cambodia (BFC) programme, developed in partnership with the ILO and the International Finance Corporation, is ongoing. It notes with interest the Government’s information, in its report submitted regarding the application of the Minimum Age Convention, 1973 (No. 138), that in the framework of the BFC programme, the number of cases of child labour in the garment and footwear factories decreased from 13 in 2015 to zero in 2020. The Committee requests the Government to continue providing information on the measures taken to monitor child labour in the garment and footwear sectors and on the results achieved.

2. Hazardous work in the sugarcane sector. Following its previous comments, the Committee notes the Government’s information that the labour inspectors from the Ministry of Labour and Vocational Training (MLVT) monitor and inspect the working conditions in the sugarcane fields to promote better working conditions, safety and health, and prevent debt bondage and forced labour. Campaigns on child labour prevention and labour inspections were also conducted in the sugarcane sector, focusing on vulnerable women and children living near the workplace. The Government indicates that contracts were concluded between employers and parents – witnessed by labour inspectors and the competent authorities – on child labour prevention, debt bondage and forced labour. The Committee welcomes the measures taken by the Government. It requests the Government to provide information on the number of children under the age of 18 working in hazardous conditions in the sugarcane fields detected as a result of labour inspections. The Committee further requests the Government to provide information on the penalties applied against those who employ children under the age of 18 in hazardous work in the sugarcane sector.

Article 7(2)(a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes that the Government continues to take measures to improve the functioning of its education system. In particular, the Committee notes the Government’s indication that the Ministry of Education, Youth and Sport has developed the Cambodia 2030 Roadmap and 2030 Secondary Education Blueprint to align with and meet the objectives of Sustainable Development Goal 4 (Inclusive Education for All). The two documents map out clear strategies and implementation plans to ensure that enrolment and completion rates increase and drop-out rates decrease. These documents also pay special attention to vulnerable groups, including girls, for example by establishing as a priority the completion of upper secondary education by all girls and boys and their increased access to affordable and quality technical and vocational education. The Government indicates that a number of efforts have been made in this regard, with particular focus on the poorest and disadvantaged groups. The Committee notes in particular that key policy strategies will also include the expansion of the coverage of lower-secondary education; addressing all forms of disparities based on, among others, gender, location and ethnicity; and the improvement of education facilities to provide safe, inclusive and effective learning environments. The Government indicates that, with these interventions and more, it is expected that, by 2030, lower-secondary completion rates will increase to 61.10 per cent from the current rate of 46.50 per cent, and that upper-secondary completion rates will increase to 45 per cent from the current rate of 23.6 per cent.

While taking due note of this information and of the progress made, the Committee notes that, according to UNICEF, challenges still remain, including the fact that children in Cambodia are still failing to reach learning standards appropriate for their age and that, by the time they are 17 years old, 55 per cent of adolescents will have dropped out of school. Considering that education is key to preventing the engagement of children in the worst forms of child labour, the Committee once again strongly encourages the Government to pursue its efforts to improve the functioning of the national education system, in particular through the 2030 Roadmap and 2030 Secondary Education Blueprint, and increase the enrolment and completion rates and reduce drop-out rates at the lower secondary level. It requests the Government to continue providing information on the concrete measures taken in this regard, and on the results achieved, disaggregated, where possible, by age and gender.

Article 7(2)(a) and (b). Preventing the engagement of children in the worst forms of child labour and providing direct assistance for their removal, rehabilitation and social integration. Children engaged in hazardous work in fisheries. The Committee notes that the Ministry of Agriculture, Forestry and Fisheries, in the framework of the implementation of the 2016–20 National Action Plan for Gender Equality Promotion and Child Labour Elimination in the Fisheries Sector (Fisheries NAP), has raised the awareness of parents and members of the fisheries community regarding the concepts of gender equality and child labour in the fisheries sector through the organization of four training courses. The Ministry is also monitoring and gathering data from target communities and is developing the next Fisheries NAP for further implementation. The Committee encourages the Government to continue taking effective and time-bound measures for the prevention, removal and rehabilitation of children engaged in hazardous work in the fisheries sector, including through the implementation of the next phase of the Fisheries NAP. It requests the Government to provide information on the results achieved in terms of preventing children from engaging in hazardous work in the fisheries sector and of the number of children who were withdrawn from such work and rehabilitated and socially integrated.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. In relation to the Committee’s previous comments regarding measures taken to strengthen the enforcement of Cambodia’s anti-trafficking legislation, the Committee notes the Government’s information in its report that the Department of Anti-human trafficking and juvenile protection is providing resources, equipment and funds to the Anti-human trafficking and juvenile protection authority for the organization of trainings and implementation of the relevant laws and regulations. The Committee takes note of the Government’s detailed statistical data compiled by the Department of Anti-human trafficking and juvenile protection, Department of Cybercrime, National Gendarmerie and Commissariat of Municipal/Provincial Police. In particular, the Committee notes that in 2018, these bodies cracked down on 134 cases, arrested 224 suspects, and rescued 230 victims, including 92 minors under the age of 15 and 23 aged between 15 and 17. In 2019, there were 169 cracked down cases, 229 arrested suspects, and 456 rescued victims (141 under the age of 15, and 55 between 15 and 17 years). Finally, in 2020, there were 155 cracked down cases, 193 arrested suspects, and 467 rescued victims (130 under the age of 15, and 39 between 15 and 17 years). The Committee observes, however, that the Government does not provide information on the number of convictions and penalties applied. The Committee strongly encourages the Government to continue taking measures aiming to ensure that the Law on Suppression of Human Trafficking and Sexual Exploitation is effectively applied. It also encourages the Government to take the necessary measures to strengthen the capacity of law enforcement agencies, including through the allocation of financial resources and adequate training, to combat the sale and trafficking of children under 18 years of age, and to provide information on the progress made in this regard. It further requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied, specifically in cases of child trafficking for labour or sexual exploitation.

Articles 3(d), 5 and 7(2)(b). Hazardous work, monitoring mechanisms and effective and time bound measures. Debt bondage in brick kilns. The Committee notes the Government’s indication that the Taskforce of the Ministry of Labour and Vocational Training on child labour prevention in the brick making industry (MLVT Taskforce) was established in 2019. The Government indicates, in its report under the Minimum Age Convention, 1973 (No. 138), that a census of 486 operational brick kilns was conducted in the country in 2019-2020 and that labour inspectors have not identified any cases of child labour or debt bondage at those brick kilns. The Committee notes, however, that in its concluding observations of 27 June 2022, the United Nations Committee on the Rights of the Child remained deeply concerned about the large number of children involved in child labour, including debt bondage, in the construction and brickmaking industries (CRC/C/KHM/CO/4-6, para. 45). Similarly, the United Nations Human Rights Committee, in its concluding observations of 18 May 2022, expressed its concern about allegations of cases of debt bondage involving children, in particular in the brick industry (CCPR/C/KHM/CO/3, para. 30). The Committee therefore requests the Government to take measures, both in law and in practice, to identify and protect children under 18 years of age engaged in the brick kiln industry from debt bondage and hazardous work, including through the action of the MLVT Taskforce. In this regard, it urges the Government to take measures to ensure the prohibition of the employment of children under 18 years in debt bondage or hazardous work in the brick kiln industry, and to ensure that effective and dissuasive penalties are applied against offenders. It also requests the Government to provide information on the number of children removed from working in brick kilns through inspections and provided with direct assistance for their rehabilitation and social integration.

Articles 6 and 7(2)(a) and (b). Programmes of action and time-bound measures for prevention, assistance and removal. Child trafficking. Following its previous comments, the Committee takes note of the detailed information provided by the Government in its report concerning the number of victims of trafficking that were rescued, rehabilitated and reintegrated between 2014 and 2020. The Government indicates, for example, that in 2019, the Ministry of Social Affairs, Veterans and Youth Rehabilitation and the provincial/municipal department of social affairs, in collaboration with relevant stakeholders, rescued 1,415 persons, among which 78 are children. The Committee observes, however, that the statistics provided by the Government regarding the number of rehabilitated victims appear to be sporadic and do not clearly make the distinction between child and adult victims. For example, the Government indicates that, in 2017, 8 victims were rehabilitated (4 girls through Caritas, and 1 boy and 3 girls through HAGAR International); in 2018, 16 victims were rehabilitated through the Department of Social Welfare and Development; and in 2019 and 2020 respectively, 396 and 106 victims were rehabilitated through a variety of governmental and non-governmental institutions. In addition, the Committee notes that the United Nations Human Rights Committee, in its concluding observations of 18 May 2022, expressed concern about reports of a lack of adequate protection for victims of trafficking, in particular women and children (CCPR/C/KHM/CO/3, para. 30). The Committee requests the Government to strengthen its efforts to ensure that child victims of trafficking who are removed from sexual or labour exploitation are rehabilitated and socially integrated. It encourages the Government to take measures to ensure that adequate statistics in this regard are compiled, disaggregated by gender and age, and requests it to provide this information in its next report.

Article 8. International cooperation. Trafficking. Following its previous comments, the Committee notes the Government’s information regarding the number of child victims of trafficking and illegal migrants who were victims or at risk of trafficking, that were intercepted, rehabilitated or repatriated as a result of various efforts. The Committee requests the Government to continue to provide information on the measures taken to enhance international cooperation to combat trafficking in children, particularly as regards identification, protection and assistance of child victims of trafficking.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3(c) of the Convention. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes that in accordance with section 345 of the Cambodian Criminal Code of 2010, the act of directly inciting a minor to transport, keep in possession or to supply an addictive drug is punishable by a prison sentence ranging from two to five years and a fine ranging from 4 million to 10 million Cambodian riels (KHR) (approximately US$992 US$2,481). In addition, in accordance with sections 3 and 47 of the Law on the control of drugs, the production, distribution and trading/trafficking, wholesale or retail, transportation, storage, procurement, commercial or free of charge distribution, purchase, use, import, export or transit on the territory of the Kingdom of Cambodia, of narcotic plants, substances or ingredients is prohibited. The involvement of a minor during the commission of the offence is considered an aggravating circumstance.

Articles 6 and 7(2)(a) and (b). Programmes of action and time-bound measures for prevention, assistance and removal. Child trafficking. The Committee previously took note of the adoption, by the National Committee for Counter Trafficking, of the National Action Plan for 2014–18 (NAP 2014 18), which aims to contribute to the strengthening of law and policy; enhancing prevention and the criminal justice response to human trafficking; and protecting victims with gender-and-age appropriate support.

The Committee notes with interest the Government’s information that, in 2016, provincial anti-human trafficking committees coordinated with partner organizations to assist victims trafficking, sexual assault and labour exploitation, among whom 530 of them were children, and ensured their rehabilitation through medical and legal assistance. In addition, the Government indicates that the Ministry of Social Affairs, Veterans and Youth Rehabilitation coordinated with public health-care centres and other partners, to rescue 652 child victims of trafficking for sexual and commercial exploitation and provided them with temporary accommodation and childcare before being sent back to their families. Taking due note of the measures taken by the Government, the Committee requests it to continue to provide information on the number of child victims of trafficking who have been removed from sexual or labour exploitation, as well as the number of children who have been rehabilitated and socially integrated, including through the NAP 2014–18.

Article 7(2)(a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the enrolment rate at the primary school level had increased from 95.3 per cent in 2013–14 to 99.4 per cent in 2014–15, and that the drop-out rate at the primary school level had declined from 10.5 per cent in 2013–14 to 8.3 per cent in 2014–15. The Committee noted, however, that while Cambodia had made considerable progress towards achieving gender parity in primary education, disparities increased at the entry and completion of lower secondary school, indicating significant bottlenecks for girls.

The Committee notes the Government’s information that, in addition to the National Strategic Development Plan, the National Plan of Action for the Reduction of Child Labour and Elimination of the Worst Forms of Child Labour 2016–25 (NPA–WFCL) and other policies were adopted to provide a roadmap towards the eradication of child labour by 2025. As a result of the education component of all these policies, the number of school and teaching staff increased in proportion with the increased number of students at both the lower and upper levels of secondary school. The Committee notes with interest that, according to the Ministry of Education, Youth and Sport (MoEYS), the gross enrolment rates increased from 53.8 per cent in 2015–16 to 57.6 per cent in 2016–17 at the lower secondary level; and from 24.3 per cent in 2015–16 to 26.5 per cent in 2016–17 at the upper secondary level. The drop-out rate at the lower secondary level has declined from 19.2 per cent in 2014–15 to 17 per cent in 2015–16.

In addition, the Government indicates that several programmes have been implemented to promote the quality and effectiveness of education, such as the Dropout Prevention Programme or the Life Skill Education Programme. In particular, the Scholarship Programme for Poor Students in Secondary Education contributed to increasing enrolment rates and reducing drop-out rates in secondary education, especially among female students. According to the Government, this programme has covered 809 schools with 69,514 scholarship students, 60 per cent of which were girls, at the level of lower secondary education; and 120 schools with 3,600 students, 60 per cent of which were girls, at the level of upper secondary education. Considering that education is one of the best methods of preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to improve the functioning of the national education system by increasing the enrolment and completion rates and reducing drop-out rates at the secondary level, paying special attention to the situation of girls. It requests the Government to continue providing information on the concrete measures taken in this regard, and on the results achieved, disaggregated, where possible, by age and gender.

Article 7(2)(a) and (b). Time-bound measures for prevention, assistance and removal. Children engaged in hazardous work in fisheries. The Committee notes that the Fisheries Administration of Cambodia (FiA) of the Ministry of Agriculture, Forestry and Fisheries, has developed a National Action Plan on the Elimination of Child Labour in Fisheries (Fisheries NAP), which is aligned with the Strategic Framework for Fisheries 2010–19, which is the ten year sectoral plan for fisheries. In this framework, the FiA has also adopted the Action Plan for Gender Equality Promotion and Child Labour Elimination in the Fisheries Sector (2016–20), with the objective of preventing and withdrawing children from child labour and hazardous work in the fisheries sector. The Committee encourages the Government to continue taking effective and time-bound measures for the prevention, removal and rehabilitation of children engaged in hazardous work in the fisheries sector. It requests the Government to provide information on the results achieved, particularly in the context of the Fisheries NAP.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. The Committee previously noted the statement of the International Trade Union Confederation (ITUC) that children in Cambodia were exposed to trafficking for sexual and labour exploitation. Cambodian girls and ethnic Vietnamese girls from rural areas were trafficked to work in brothels, massage parlours and salons. Children from Vietnam, many of whom were victims of debt bondage, travelled to Cambodia and were forced into commercial sex. Moreover, corruption at all levels of the Cambodian Government continued to severely limit the effective enforcement of the Law on suppression of human trafficking and sexual exploitation. The Committee noted that, in its conclusions adopted at the 104th Session of the Conference Committee on the Application of Standards in June 2015, the Conference Committee urged the Government to effectively enforce anti-trafficking legislation.

The Committee notes the Government’s information in its report that it is taking measures to ensure that all perpetrators of child trafficking, including complicit government officials, are subjected to investigations and prosecutions. The Government indicates that, according to the 2016 annual report on combating human trafficking, six cases of illegal removal of minors were identified with six suspects arrested and 30 victims rescued, and 25 cases of child sexual exploitation were identified with 25 suspects arrested and 61 victims rescued. In addition, the Government indicates that all cases of trafficking of children were processed through legal procedures and trials. While the Government informs that 138 cases of human trafficking were prosecuted and 103 suspects were convicted and imprisoned, it does not provide specific statistics regarding child trafficking. The Committee strongly encourages the Government to continue taking measures aiming to ensure that the Law on Suppression of Human Trafficking and Sexual Exploitation is effectively applied. It also encourages the Government to take the necessary measures to strengthen the capacity of law enforcement agencies, including through the allocation of financial resources and adequate training, to combat the sale and trafficking of children under 18 years of age, and to provide information on the progress made in this regard. It further requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied, specifically in cases of child trafficking for labour or sexual exploitation.

Articles 3(d), 4(1) and 5. Hazardous work and monitoring mechanisms. 1. Hazardous work in the garment and footwear sectors. The Committee previously noted ITUC’s allegations that children, particularly girls, worked long shifts even during the night, often with dangerous machinery, in garment and shoe factories. In this regard, the Committee noted that, the Conference Committee, in its conclusions adopted in June 2015, urged the Government to increase its efforts on preventing children from being exposed to the worst forms of child labour, including through increased labour inspections in the formal as well as in the informal economy.

The Committee notes the Government’s information that it has taken concrete measures to prevent and protect children under 18 years of age from performing hazardous work. The Government indicates that labour inspectors have conducted regular and special monitoring where hazardous work for children is prohibited. In addition, the Committee notes with interest that the Ministry of Labour and Vocational Training (MoLVT), in cooperation with the ILO, has developed and implemented guidelines for conducting effective and regular child labour inspections. According to the MoLVT annual report for 2016, 57 garment factories employed 635 children aged between 15 and 18 years in lawful conditions respectful of the Labour Law. The Government further indicates that the MoLVT is working closely with all social partners, including the ILO, to investigate suspected child labour cases. The Government indicates that, as a result, there were decreases in cases of children engaged in hazardous work, going from 34 cases in 2014, to seven in 2015, and four in 2016. The Committee notes that this general trend is corroborated in the June 2016 synthesis report of Better Factories Cambodia (BFC), which is a programme developed in partnership with the ILO and the International Finance Corporation, in the framework of which independent assessments of working conditions in Cambodian apparel factories have been conducted since 2001. According to this 33rd synthesis report, while child labour was found in 2 per cent of the factories where BFC confirmed the presence of underage workers (normally between 12 and 15 years of age), the number of confirmed child labour cases dropped from 65 in 2013, to 28 in 2014, and 16 in 2015. The BFC was able to work with the Garment Manufacturers Association of Cambodia to place these underage workers in vocational training centres. Taking due note of the measures taken, the Committee encourages the Government to continue its efforts in protecting children under 18 years of age from being employed in hazardous work in the garment and footwear sectors, and to continue providing information on the results achieved.

2. Hazardous work in the sugarcane sector. The Committee previously noted the ITUC’s allegation that child labourers in Cambodia are engaged in hazardous work in agriculture, particularly in sugar cane farms, such as the handling and spraying of pesticides and herbicides and cutting, tying and carrying heavy bundles of sugar cane.

The Committee notes the Government’s indication that provincial labour inspections continue to take preventive measures and advocate in small-household sugarcane farms against children performing hazardous work. It notes, however, that according to the “Rapid assessment on child labour in the sugarcane sector in selected areas in Cambodia” of 2015, conducted by the Cambodia Institute of Development Study, children were found working in sugarcane fields in all locations surveyed, some of them as young as 7 years old. The findings showed that 54 per cent of the working children surveyed worked in excess of permissible hours. This was especially prevalent for boys working on commercial plantations, where 82 per cent worked more than the number of hours permissible by Cambodian regulations. In addition, it was found that the work environment and tasks carried out by children, such as working around sharp cane leaves in excessively hot and humid conditions, cutting sugarcane, and operating hand tractors, were extremely dangerous. Therefore, it was found that the work performed by children in the sugarcane sector qualified as hazardous. The Committee therefore urges the Government to strengthen its efforts to protect children under 18 years of age from being employed in hazardous work in both commercial and household sugarcane fields. It requests the Government to continue providing information on the progress achieved and on the number of violations detected.

Article 8. International cooperation. Trafficking. In its previous comments, the Committee took note of the measures taken by the Government to increase international cooperation to combat trafficking in children and requested it to enhance its efforts in this regard.

The Committee notes the Government’s information that the MoLVT has been working closely with Thailand and other Mekong subregion countries, based on various memoranda of understanding (MoUs) and the Subregional Plan of Action 2015–18 of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT SPA IV), to enhance its tight cooperation in combating human trafficking and assisting the victims. The Government indicates that, based on the MoLVT’s 2016 annual report, 360,000 undocumented migrants were under the process of regularization through the bilateral action plan between Cambodia and Thailand (2016–18), and 517 children (230 girls) who were found working in construction sites and cassava farms in Thailand were returned with their families and integrated into communities through the national referral mechanism to support victims of trafficking. Furthermore, through COMMIT SPA IV, the countries of the Mekong subregion exchanged knowledge, information and capacity building. Trainings on victim identification and standard operation procedures were also conducted.

However, the Committee notes, according to the UNODC report “Trafficking in persons from Cambodia, Lao PDR and Myanmar to Thailand” of August 2017, that while trafficking in persons from Cambodia to Thailand for sexual exploitation has declined in recent years, Cambodia has become a destination country for sex trafficking from Viet Nam and experiences high levels of internal trafficking. The Committee requests the Government to continue taking measures to enhance international cooperation to combat trafficking in children, particularly as regards identification, protection and assistance of child victims of trafficking from Viet Nam. It also requests the Government to continue providing information on the impact of COMMIT SPA IV, in terms of the number of child victims of trafficking detected, assisted and returned to their countries of origin.

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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015.

Article 3(c) of the Convention. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that Cambodian national legislation does not prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes that the Draft Law on Juvenile Justice is being finalized. It also notes the Government’s indication that the Cambodian National Committee for Children is in the process of drafting a Sub-decree on Child Protection which serves as a response to an immediate need for a national regulation addressing child protection. The Committee requests the Government to indicate whether the Draft Law on Juvenile Justice or the Sub-decree on Child Protection contains any provision prohibiting the use, procuring or offering of a child for illicit activities, in particular for the production or trafficking of drugs.

Article 8. International cooperation. Trafficking. Following its previous comments, the Committee notes the Government’s information that it has signed a Memorandum of Understanding (MoU) with the Australian Government to cooperate in the implementation of the Asia Anti-Trafficking Project. This project has been assisting in building the capacity of law enforcement officers (including the police from the special Anti-Human Trafficking and Juvenile Protection Unit), prosecutors and judges by training them with the skills to investigate, prosecute and punish perpetrators of trafficking in persons. It also notes from the Government’s report that the MoU on bilateral cooperation between Cambodia and Thailand to counter human trafficking and assist victims of trafficking has been renewed and a taskforce to implement this MoU is being developed. The Committee requests the Government to enhance its international cooperation to combat trafficking in children, particularly as regards victim identification and assistance. It also request the Government to provide information on the impact of the bilateral agreement with Thailand, in terms of the number of child victims of trafficking detected, assisted and returned to their countries of origin.

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

The Committee takes note of the Government’s reports dated 28 May 2015 and 1 September 2015 as well as of the detailed discussion which took place at the 104th Session of the Conference Committee on the Application of Standards in June 2015, concerning the application by Cambodia of the Convention. It also notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015.

Articles 3(a), 7(1) and (2)(a) and (b) of the Convention. Sale and trafficking of children and penalties. Effective and time-bound measures for prevention, assistance and removal. The Committee notes that, in its conclusions adopted in June 2015, the Conference Committee urged the Government to effectively enforce anti-trafficking legislation and provide information on the progress made in this regard, including on the number of investigations, prosecutions, convictions and penal sanctions applied. The Committee notes the detailed information provided by the Government on the measures taken to combat trafficking of children. According to this information, in 2014, the National Committee for Counter Trafficking (NCCT) withdrew 67 children below the age of 15 years and 36 young persons between 15 and 18 years of age from trafficking and provided them with rehabilitation and social integration services. In addition, an Action Plan 2014–18 was adopted by the NCCT in early 2015 which aims to contribute to the strengthening of law and policy; enhancing prevention and the criminal justice response to human trafficking; and protecting victims with gender-and-age appropriate support.

The Committee notes the statement of the ITUC that children in Cambodia continue to be exposed to trafficking for sexual and labour exploitation. Cambodian girls and ethnic Vietnamese girls from rural areas are trafficked to work in brothels, massage parlours and salons. Children from Vietnam, many of whom are victims of debt bondage, travel to Cambodia and are forced into commercial sex. Moreover, corruption at all levels of the Cambodian Government continues to severely limit the effective enforcement of the Law on Suppression of Human Trafficking and Sexual Exploitation. While noting the various measures taken by the Government to combat the trafficking of children, the Committee strongly encourages the Government to ensure that the Law on Suppression of Human Trafficking and Sexual Exploitation is effectively applied. In this regard, it urges the Government to take the necessary measures to strengthen the capacity of law enforcement agencies, including through the allocation of financial resources, to combat the sale and trafficking of children under 18 years of age. The Committee also requests the Government to take the necessary measures to ensure that all perpetrators of the trafficking of children, including complicit government officials, are subject to thorough investigations and robust prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. It further requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard. Finally, it requests the Government to continue to provide information on the number of child victims of trafficking who have been removed from sexual or labour exploitation as well as the number of children who have been rehabilitated and socially integrated, including through the Action Plan 2014–18.

Articles 3(a) and 7(2) (a) and (b). Compulsory labour exacted in drug rehabilitation centres and effective and time bound measures for prevention, assistance and removal. The Committee previously noted from its 2014 observation under the Forced Labour Convention, 1930 (No. 29), concerning work exacted in drug rehabilitation centres, that the majority of persons in drug rehabilitation centres in Cambodia are not admitted voluntarily; and that there have been reports of persons in drug rehabilitation centres engaged in compulsory labour. In this respect, it noted with concern that according to the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/KHM/CO/2-3, paragraph 38) in 2011, the mistreatment of persons in drug retention centres extended to children.

The Committee notes the Government’s indication that children under the age of 18 years are not allowed in drug rehabilitation centres, but instead are sent to different organizations or orphanages for rehabilitation where they are not subject to any forced labour. The Committee observes that the Conference Committee recommended that the Government investigate and provide verifiable information on the extent to which forced labour, abuse and related practices occur in drug rehabilitation centres.

The Committee notes the statement made by the ITUC that the Government’s claims that no children are detained in drug rehabilitation centres are simply not credible. The ITUC states that evidence indicates that 10 per cent of the detainees in the drug rehabilitation centres are children under 18, many of them are street children who do not use drugs but are instead confined in the centres following “clean the streets” operations. These children are subject to physical and mental abuse and are forced to work, including in the construction sector. The Committee urges the Government to take the necessary measures to put in place safeguards, both in law and in practice, to ensure that children below the age of 18 years detained in drug rehabilitation centres or similar institutions are not subject to forced labour and other related practices. It requests the Government to provide information on the concrete measures taken in this regard, as well as to provide copies of the relevant texts governing children detained in drug rehabilitation centres.

Articles 3(d), 4(1) and 5. Hazardous work in sugar cane farms and the garment and shoe sector and monitoring mechanisms. The Committee notes the allegations made by the ITUC, in its most recent observations, that child labourers in Cambodia are engaged in hazardous work in agriculture, particularly in sugar cane farms, in work such as the handling and spraying of pesticides and herbicides and cutting, tying and carrying heavy bundles of sugar cane. The ITUC further states that children, particularly girls, work long shifts even during the night, often with dangerous machinery in garment and shoe factories. These children, who are underaged, often work with false identity papers in order to enable them to work. In this regard, the Committee notes that, the Conference Committee, in its conclusions adopted in June 2015, urged the Government to increase its efforts on preventing children from being exposed to the worst forms of child labour, including through increased labour inspections in the formal as well as in the informal economy. The Committee urges the Government to take the necessary measures to protect children under 18 years from being employed in hazardous work in the agricultural, garment and footwear sectors. In this regard, it requests the Government to strengthen the capacity and expand the reach of the institutions responsible for the monitoring of child labour in these sectors. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(2)(a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the various measures taken by the Government to improve access to all levels of education, including through the National Strategic Development Plan (NSDP, 2014–18) which aims to expand access to early childhood, secondary and post-secondary education as well as non-formal, technical and vocational education. However, it noted that according to the Cambodia Labour Force and Child Labour Survey of 2012, a large portion of the children not attending school were in this situation because they could not afford to do so or could not access a nearby school. It also noted with concern that, according to the 2012 UNICEF statistics, the net attendance rate dropped significantly from primary to secondary school.

The Committee notes the Government’s indication that the national education system is currently undergoing a deep reform by the Ministry of Education, Youth and Sport (MoEYS) in accordance with the NSDP 2014–18. It also notes that MoEYS has been implementing the third Educational Strategic Plan 2014–18, in which, the number of schools and students have significantly increased. The Government further indicates that according to the annual report 2014–15 of the MoEYS: (i) 31 out of 72 education policies have been implemented; (ii) the enrolment rate at primary school level has increased from 95.3 per cent in 2013–14 to 99.4 per cent in 2014–15; and (iii) the drop-out rate at the primary school level has declined from 10.5 per cent in 2013–14 to 8.3 per cent in 2014–15.

The Committee also notes from the UNESCO report Education for all: Global monitoring report of 2015 that Cambodia has made considerable progress towards achieving gender parity in primary education. However, disparities increase at entry and completion of lower secondary school, indicating significant bottlenecks for girls. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts, within the framework of the NSDP 2014–18, to improve the functioning of the national education system by increasing the enrolment and completion rates and reducing drop-out rates at the secondary level, particularly of girls. It requests the Government to provide information on the concrete measures taken in this regard, and on the results achieved.

The Committee encourages the Government to seek ILO technical assistance in its efforts to combat the worst forms of child labour.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3(c) of the Convention. Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that a draft law on juvenile justice had been submitted to the Council of Ministers. The Committee notes that, according to the UN Human Rights Council’s national report submitted in accordance with paragraph 5 of the annex to Human Rights Council Resolution 16/21 (A/HRC/WG.6/18/KHM/1, paragraph 91) in 2013, while this law remains in draft form, the Ministry of Social Affairs, Veterans and Rehabilitation and the National Council for Children have also initiated a new law on child protection and a working group in that respect. Noting the absence of any new information supplied by the Government on this point, the Committee requests it to provide information concerning the finalization of the draft law on juvenile justice and the new law on child protection, as well as to provide information on the functioning of the working group on child protection.

Article 8. International cooperation. Trafficking. In its previous comments, the Committee noted the Government’s various cooperation initiatives with Cambodia, China, Lao People’s Democratic Republic, Myanmar, Thailand and Viet Nam, as well as the National Task Force (NTF) to implement all agreements and Memoranda of Understandings (MoUs) between Cambodia and other countries on the elimination of trafficking in persons and to assist victims of trafficking. The Committee notes the Government’s recent information concerning subregional meetings to develop a joint progressive effort to combat human trafficking and to accelerate the effective actions to counter human trafficking. It also notes, however, the information contained in the report by the UN Office on Drugs and Crime entitled Victim Identification Procedures in Cambodia (page 20) concerning international trafficking, which indicates that despite the MoUs between Cambodia and Viet Nam, including within the context of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT), victim identification abroad remains ad hoc and the Government’s reactive investigatory model does not permit effective cross-border investigations. The Committee accordingly requests the Government to continue to enhance its international cooperation to combat trafficking in children, particularly as regards victim identification and assistance. Noting that the Government has not provided any information on this point, the Committee once again requests the Government to provide information on the action of the NTF and of the Leading Task Force in implementing the regional agreements and MoUs between Cambodia and other countries and on the number of child victims of trafficking it has assisted.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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

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

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

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

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

While taking note of these measures, the Committee also notes the information provided by the Cambodia Labour Force and Child Labour Survey of 2012, which was carried out by ILO–IPEC in 2013, according to which only 3 out of the 4 million (79 per cent) children aged five to 17 years in the country were attending school. The percentage of girls who were not attending school (11.8 per cent) was larger than boys (10.3 per cent), and a large portion of those children (59.4 per cent) did not attend school because they could not afford to do so or could not access a nearby school. The Committee also notes with concern that, according to the 2012 UNICEF statistics, the net attendance rate for primary school – 85.2 per cent for boys and 83.4 per cent for girls – dropped significantly to 45.9 per cent for boys and 44.7 per cent for girls in secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to strengthen its efforts to improve the functioning of the national education system. In this regard, it requests the Government to provide information on the measures taken in the context of the National Strategic Development Plan (2014–18) to raise the school attendance rate and reduce the school drop-out rate, particularly in secondary school.

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5 of the Convention. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that, since the establishment of the Department of Child Labour (DCL), the mechanism to monitor child labour is the Child Labour Inspection Office of the DCL in collaboration with the Department of Occupational Safety and Health. The Committee also noted that other institutions, such as the National Sub-Committee on Child Labour of the Cambodian National Council for Children, the Municipal/Provincial Committees on Child Labour and the Community Monitoring of Child Labour, constitute a coordinating mechanism to support the monitoring of the application of the Convention. However, the Committee noted that no employer was prosecuted for violating child labour laws in 2007.

The Committee notes the Government’s statement that the National Sub Committee on Child Labour and the Municipal/Provincial and District Committees on Child Labour have been playing a crucial role in monitoring child labour. However, the Committee observes that, according to a report on findings on the worst forms of child labour in Cambodia of 2009, available on the website of the High Commissioner for Refugees (WFCL report of 2009), enforcement actions are rare and punishment light, and there was only one documented child labour violation in 2009 which involved an under-age garment factory worker. Furthermore, the same report indicates that, in cases in which violations are found, it can take reportedly more than one month to resolve child labour cases. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity of the labour inspectorate in order to ensure that regular inspections are carried out. It requests the Government to provide information on the progress made in this regard. The Committee also once again requests the Government to supply information on the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that the Government had adopted the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL), which aims at reducing the incidence of child labour among children aged 5–17 years from 16.5 per cent in 1999, to 10.6 per cent in 2010, to 8 per cent in 2015, and to end the worst forms of child labour by 2016. The NPA–WFCL contains eight areas of action: research and study; policy and institutional development; legislation and enforcement; advocacy, networking and social mobilization; education; prevention; protection; withdrawal/removal and rehabilitation.

The Committee notes with interest the Government’s information that, as of 2010, the NPA–WFCL has resulted in the removal of 8,471 children (4,925 girls) from the worst forms of child labour. The Committee encourages the Government to pursue its efforts in order to reach the goals stated in the NPA–WFCL and effectively eradicate the worst forms of child labour in Cambodia by 2016. It requests the Government to continue providing information on the progress made in this regard.

Article 7(2). Effective and time-bound measures. The Committee previously noted that the ILO–IPEC project Support to the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA–WFCL), a Time-bound Programme (TBP), was implemented on 30 September 2004. Under the targeted interventions objective, the TBP implemented action programmes by sector directly targeting children for withdrawal, prevention and rehabilitation. The ten action programmes dealt with, among others, salt and fishing production in Kampot; fishing production in Sihanoukville; salt production in Kep; rubber plantations in Kampong Cham; the brick industry in Siem Reap and Kampong Cham; child domestic workers in Phnom Penh; and child porters in Banteay Meanchey. The Committee also noted that the second phase of the TBP (TBP–Phase II) replicates good practices from Phase I when possible and focuses on the following interventions: creating a child labour-free zone; reducing the incidence of urban child labour; targeting the worst forms of child labour in new areas; preventing trafficking in children; and promoting safe migration for decent work for youth. The TBP–Phase II, which commenced on 30 September 2008, is being implemented over a period of 48 months.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. Education. The Committee previously noted that the Government adopted the Education for All (EFA) National Plan for 2003–15, which aims to ensure equitable access to basic and post-basic education, enable quality and efficiency improvement, and build capacity for decentralization. The goals of the EFA National Plan are in turn supported by the 2004–08 Education Strategic Plan (ESP) and by the Education Sector Support Programme (ESSP), which identifies specific action areas.

The Committee observes that, according to the written replies by the Government of Cambodia to the Committee on the Rights of the Child (CRC) of May 2011, the Government has reformed the curricula policy between the periods of 2005–09 and 2010–14 (CRC/C/KHM/Q/2-3/Add.1, paragraphs 84–86). Among other things, the Government has established and is implementing a policy of child-friendly schools focusing on six main components: the enrolment of all children; effectiveness in education; health safety and child protection; gender responsiveness; participation of the children’s families and communities; and support from the education system. Moreover, the Committee notes that the Government has adopted the Education Strategic Plan of 2009–13 (ESP-II), which includes a strategy on the reduction of grade repetition and drop-out at all levels, as well as on the increase of scholarships to “very intelligent” students from poor families, especially girls, to ensure that they progress to the secondary level. Moreover, with the ESP-II, a strategic policy document of the Ministry of Education, Youth and Sports (MoEYS) articulates child labour as an issue of concern for the first time.

The Committee observes that, in its concluding observations of 20 June 2011, the CRC noted with satisfaction the remarkable progress made by Cambodia to increase primary and secondary school enrolment, to ensure equitable access to education throughout the country and to reduce the gender gap (CRC/C/KHM/CO/2, paragraph 65). However, the CRC expressed its concern that, notwithstanding the measures taken by the Government, drop-out, absenteeism and repetition rates remain evidently high and are on the increase, girls being much more affected than boys. In this regard, the Committee observes that, according to the Education Statistics and Indicators of the MoEYS of 2010–11, repetition and drop-out rates for boys in the primary level are of 7.9 and 8.8 per cent, and for boys in the lower secondary level of 2.6 and 19.1 per cent, respectively. The repetition and drop-out rates for girls in the primary level are of 6.2 and 8.7 per cent, and at the lower secondary level of 1.3 and 20.1 per cent, respectively. The Committee notes with concern that, despite the measures taken by the Government, drop-out, absenteeism and repetition rates are on the increase. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to reduce school drop-out and repetition rates for children, taking into account of the special situation of girls. It requests the Government to provide information on the progress made in this regard.

Sale and trafficking. The Committee previously took note of the measures taken by the Government to combat the sale and trafficking of children, including the implementation of a National Plan of Action on Trafficking and Sexual Exploitation of Children (NPA–TIPSE) from 2000 to 2004, and of a second NPA–TIPSE from 2006 to 2010. It also noted that the TBP–Phase II added the sale and trafficking of children to its sectors of targeted interventions.

The Committee notes that, according to the written replies by the Government of Cambodia to the CRC of May 2011, another NPA–TIPSE for 2011–14 is finalized and is waiting for approval from the Government (CRC/C/KHM/Q/2-3/Add.1, paragraph 100). The Committee also notes the Government’s information that several measures are being taken to combat the sale and trafficking of children. However, the Committee notes that, in its concluding observations of 20 June 2011, the CRC expresses its concern that a high number of women and children continue to be trafficked from, through and within the country for purposes of sexual exploitation and forced labour (CRC/C/KHM/CO/2, paragraph 73). The Committee urges the Government to take immediate and effective measures to ensure that the NPA–TIPSE for 2011–14 is adopted without delay. It once again requests the Government to provide information on the number of children who have been prevented from becoming victims of trafficking for sexual or labour exploitation, and the number of child victims of trafficking who have been removed from sexual or labour exploitation and then rehabilitated and socially integrated, as a result of the implementation of the NPA–TIPSE and the TBP–Phase II.

Other sectors targeted by the TBP and TBP–Phase II. The Committee previously noted that the TBP–Phase II would be implemented in 15 provinces and will target a total of 12,000 children as direct beneficiaries through the provision of educational and non-educational services. Out of this total, 11,000 children would be targeted for withdrawal and prevention through educational (and skills development) services, while 1,000 would be targeted through non-educational services. Moreover, of the total 12,000 targeted children, 7,200 would be withdrawn and 4,800 would be prevented from the worst forms of child labour.

The Committee notes with interest that, according to information available at ILO–IPEC, the TBP-Phase II has thus far permitted the withdrawal and prevention of 2,719 children (1,398 girls) from the worst forms of child labour. Of that number, 740 children (367 girls) have been removed from the worst forms of child labour, and 1,979 children (1,031 girls) who were at risk of joining the worst forms of child labour have been prevented from doing so. These children are all receiving services such as educational or vocational training.

Article 8. International cooperation. Trafficking. In its previous comments, the Committee noted that Cambodia signed the Joint Declaration of the “Mekong Subregional Cooperation in the Anti-trafficking Process”, by ministers from the countries of Cambodia, China, Lao People’s Democratic Republic, Myanmar, Thailand and Viet Nam. The Committee also noted that the Government signed a Memorandum of Understanding (MOU) between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on bilateral cooperation to eliminate trafficking in children and women and provide assistance to victims of trafficking. The Committee noted that the Government established, in April 2007, a National Task Force (NTF) to implement all agreements and MOUs between Cambodia and other countries on the elimination of trafficking in persons and to assist victims of trafficking. In July 2007, the Government established a “Leading Task Force” on human trafficking activities as a support structure for the NTF. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the impact of international and regional anti-trafficking agreements and programmes in combating the trafficking of children, and the results achieved. It also once again requests the Government to provide information on the action of the NTF and of the Leading Task Force in implementing the regional agreements and MOUs between Cambodia and other countries and on the number of child victims of trafficking it has assisted.

Poverty reduction. Following its previous comments, the Committee notes that, according to information available at ILO–IPEC, the National Social Protection Strategy (2011–15) for the Poor and Vulnerable (NSPS–PV) was endorsed by the Council of Ministers on 18 March 2011, and includes child labour and education as priority areas for action. Considering that poverty reduction contributes 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 the NSPS–PV towards eliminating the worst forms of child labour.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic labour. The Committee previously noted that section 15 of the Labour Code of 1997 (Labour Code) states that forced or compulsory labour is forbidden, including for domestics or household servants. It also noted that section 177(2) of the Labour Code prohibits children under 18 years from any kind of employment or work which, by its nature, could be hazardous to their health, safety or morality. Yet, the Committee noted that children are employed as domestic servants, and that most child domestics are girls aged 14–17 years, although it is not uncommon to find workers as young as 6 or 7 years. The child domestic workers typically work 12–16 hours a day, seven days a week.

The Committee notes that, according to the Child Domestic Worker Survey conducted in Phnom Penh in 2003 with ILO–IPEC collaboration, an estimated 27,950 children aged 7–17 years (9.6 per cent) in Phnom Penh work as domestic employees. According to this survey, many of these child domestic workers suffer hardship and abuse in the workplace. Furthermore, in its concluding observations of 20 June 2011, the Committee on the Rights of the Child still expresses serious concern that thousands of children work as domestics, mainly in the capital Phnom Penh, in slavery-like conditions (CRC/C/KHM/CO/2, paragraph 67).

The Committee expresses its serious concern at the exploitation of young persons under 18 years of age employed in domestic work under conditions similar to slavery or under hazardous conditions. It reminds the Government that, under Article 3(a) and (d) of the Convention, work done by young persons under 18 years of age under conditions similar to slavery or under hazardous conditions constitutes one of the worst forms of child labour and, under the terms of Article 1, should be eliminated as a matter of urgency. The Committee requests the Government to take immediate and effective steps to ensure that thorough investigations and robust prosecutions of persons who subject children under 18 years of age to forced or hazardous domestic labour are carried out and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the number of investigations, prosecutions, convictions, and penal sanctions applied.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that Cambodian national legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requested the Government to indicate whether there are legislative provisions that prohibit this worst form of child labour.

The Committee notes the Government’s statement that the Ministry of Social Works, Veterans and Youth Rehabilitation has drafted the Law on Juvenile Justice and that this draft law has been submitted to the Council of Ministers. The Committee expresses the firm hope that this draft law provides for the prohibition of the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It requests the Government to take the necessary measures to ensure that the draft Law on Juvenile Justice is adopted as a matter of urgency, and to communicate a copy of it as soon as it is adopted.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that the Labour Code appears to only apply to those with an employment relationship. In this regard, it noted that the Labour Code does not cover many areas of informal sector work such as family businesses and farms, begging, scavenging, hauling and day labour, where the most serious child labour problems exist. The Committee brought the Government’s attention to the fact that the Convention applies not only to work under an employment contract, but to all types of work or employment. It requested the Government to take the necessary measures to ensure that self-employed workers under 18 years of age are protected from hazardous work. Noting that the Government refers to the draft Law on Juvenile Justice, the Committee requests the Government to indicate whether this draft law provides for the protection of self-employed children from hazardous work, and to communicate a copy of it as soon as it is adopted.

Article 5. Monitoring mechanisms. The police. The Committee previously noted that local police are responsible for enforcing laws against child trafficking and prostitution. It had noted that, although the Government has increased arrests and prosecutions of traffickers, anti-trafficking efforts continue to be hampered by reported corruption and a weak judicial system.

The Committee notes the Government’s information that an inter-ministerial mechanism to combat the trafficking of women and children, led by the Deputy Prime Minister and Minister of the Interior, is in charge of trafficking issues. In this regard, the Committee notes that, according to a report on findings on the worst forms of child labour in Cambodia of 2009, available on the website of the High Commissioner for Refugees (WFCL report of 2009), the Prime Minister signed a sub-decree forming a single policy-making entity called the National Committee on Suppression of Human Trafficking, Smuggling, and Labour and Sexual Exploitation. This National Committee includes representatives from all 18 ministries and is chaired by the Ministries of Women’s Affairs, Social Affairs, Justice, and Labour and Vocational Training. Furthermore, the WFCL report of 2009 indicates that laws against trafficking, child sexual exploitation, and illicit activities are enforced by the Ministry of the Interior and 24 municipal and provincial anti-human trafficking and juvenile protection offices. Moreover, the Government partnered with NGOs to train over 4,000 police, social workers, court officials, and other employees on human trafficking. The WFCL report of 2009 also indicates that there are approximately 200 anti-human trafficking police officers at the national level and about 312 officers at the municipal and provincial levels. Cambodian police investigated 72 human trafficking cases from April through December 2009, arresting 112 perpetrators, and rescuing 473 victims, 105 of which were children.

The Committee notes, however, the particular concern expressed by the Committee on Economic, Social and Cultural Rights (CESCR) in its concluding observations of 12 June 2009, about the low number of prosecutions and convictions of traffickers, a concern that is shared by the Committee on the Rights of the Child (CRC) in its concluding observations of 20 June 2011 (CRC/C/KHM/CO/2, paragraph 73). While duly noting the measures taken by the Government, the Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, particularly by strengthening the capacity of the authorities responsible for the enforcement of the law. It requests the Government to provide information on the progress made in this regard, as well as on the number of investigations, prosecutions, convictions and penal sanctions applied.

Clause (d). Children at special risk. Child domestic workers. Following its previous comments, the Committee notes that one of the sectors of targeted interventions of the Time-bound Programme (TBP) is child domestic workers in Phnom Penh. Moreover, one of the prioritized sectors of intervention of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL) is also that of children in domestic labour. The Committee encourages the Government to redouble its efforts in order to protect child domestic workers from hazardous work. It once again requests the Government to provide information on the number of child domestic workers who were prevented from performing hazardous work, or withdrawn from hazardous work and rehabilitated and socially integrated, as a result of the implementation of the TBP–Phase II and of the NPA–WFCL, in its next report.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that, in its concluding observations of 20 June 2011, the CRC expresses concern that over 1.5 million children are still economically active in Cambodia and that around 250,000 are engaged in the worst forms of child labour (CRC/C/KHM/CO/2, paragraph 67). The Committee also notes the Government’s statement that it is collaborating with ILO–IPEC to conduct a survey, within the framework of the TBP–Phase II, on the situation of child labour in Cambodia, and especially its worst forms, for 2011. The Committee expresses its deep concern at the high number of children involved in the worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms. The Committee also requests the Government to provide a copy of the results of the survey on child labour in Cambodia, once it is finalized. To the extent possible, all information provided should be disaggregated by age and sex.

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

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

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:

The Committee took note of the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted the Government’s statement that the Law on Suppression of Kidnapping, Trafficking and Exploitation of Persons of 1996 prohibits the enticement or forceful kidnapping of human beings, including minors, for sale, trafficking or prostitution. The Committee also noted that section 15 of the Act on Suppression of Human Trafficking and Sexual Exploitation of 2008 (HTSE Act) prohibits the act of selling, buying or exchanging a person for the purpose of profit, sexual aggression, production of pornography or any form of exploitation, while section 16 prohibits selling, buying or exchanging a person for cross-border trafficking.

2. Forced or compulsory labour. The Committee noted that section 15 of the Labour Code of 1997 (Labour Code) states that forced or compulsory labour is forbidden, including for domestics or household servants and all workers in agricultural enterprises. Moreover, section 16 of the Labour Law prohibits hiring people for work to pay off debts.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee noted that the HTSE Act prohibits the procuring, purchasing and soliciting of prostitution of minors under 18 (sections 28, 34 and 35). The HTSE Act also prohibits any person from providing another with money or anything of value on the condition that a minor engage in prostitution, or from making a contract in which a minor is obliged to engage in prostitution. The Committee also noted that section 41 of the HTSE Act provides that a person who distributes, sells, leases, displays, projects or presents child pornography in a public place, or produces child pornography for that purpose, commits an offence.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted that article 64 of the Constitution of Cambodia states that “The State shall ban and severely punish those who import, manufacture, sell illicit drugs, counterfeit and expired goods which affect the health and life of consumers.” However, the Committee observed that national legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requests the Government to indicate whether there are legislative provisions that prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If so, it asks the Government to indicate those provisions. If not, it requests the Government to take immediate measures to ensure that the use, procuring or offering of a child for illicit activities is prohibited by national legislation, as a matter of urgency.

Clause (d) and Article 4(1). 1. Hazardous work and determination of hazardous work. The Committee noted the Government’s statement that section 177(2) of the Labour Code prohibits children under 18 years from any kind of employment or work which, by its nature, could be hazardous to their health, safety or morality. The types of employment or work concerned are determined by a PRAKAS (ministerial order) of the Ministry in Charge of Labour, in consultation with the Labour Advisory Committee. In this regard, the Committee noted that the Ministry of Labour and Vocational Training (MoLVT) adopted the PRAKAS on the Prohibition of Hazardous Child Labour of 28 April 2004, which contains an extensive list of the types of hazardous work which could jeopardize the health, safety or morals of children under 18 years of age, including deep-sea and off-shore fishing, charcoal burning, firefighting, maintenance of heavy machinery, work involving exposure to harmful chemical, physical, electromagnetic or ionizing agents, work as embalmers, and many more.

2. Self-employed workers. The Committee noted that section 1 of the Labour Code provides that it governs relations between employers and workers resulting from employment contracts within the territory of Cambodia. It observed that the Labour Code appears to only apply to those with an employment relationship. In this regard, it noted that, according to a report on findings on the worst forms of child labour in Cambodia of 2007 (report on WFCL of 2007), available on the website of the High Commissioner for Refugees (www.unhcr.org), the Labour Code does not cover many areas of informal sector work such as family businesses and farms, begging, scavenging, hauling and day labour, where the most serious child labour problems exist. The Committee brought the Government’s attention to the fact that the Convention applies not only to work under an employment contract, but to all types of work or employment. The Committee noted that the Government indicated, in its report under the Minimum Age Convention, 1973 (No. 138), that Cambodia is committed to implement Convention No. 138 as a general instrument covering all employment or work, to workers under an employment contract or self-employed, remunerated or not, including within a family undertaking and on means of transport. Noting the Government’s commitment in this regard, the Committee requests the Government to take the necessary measures to ensure that self-employed workers under 18 years of age are protected from the worst forms of child labour, as a matter of urgency.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee noted the Government’s statement that, since the establishment of the Department of Child Labour (DCL), the mechanism to monitor child labour is the Child Labour Inspection Office of the DCL in collaboration with the Department of Occupational Safety and Health. The Committee also noted the Government’s statement that other institutions, such as the National Sub-Committee on Child Labour of the Cambodian National Council for Children, the Municipal/Provincial Committees on Child Labour and the Community Monitoring of Child Labour, constitute a coordinating mechanism to support the monitoring of the application of the Convention. However, the Committee noted that, according to the report on WFCL of 2007, no employer was prosecuted for violating child labour laws in 2007. The Committee therefore strongly encourages the Government to continue strengthening the mechanisms to monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the progress made in this regard. The Committee also requests the Government to supply information on the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

2. The police. The Committee noted that, according to the report on WFCL of 2007, local police are responsible for enforcing laws against child trafficking and prostitution. From April 2007 to February 2008, the police arrested 57 offenders for cross-border and domestic trafficking. Furthermore, the Committee noted that, according to a report on trafficking of persons for Cambodia of 2008 (trafficking report of 2008), available on the website of the High Commission for Refugees (www.unhcr.org), the Ministry of Interior (MOI) reported receiving complaints of 53 trafficking cases from April 2007 to March 2008, of which 35 were sex trafficking cases involving 60 victims, and 11 were labour trafficking cases involving 106 victims. The Committee also noted the information provided in the joint report of the MOI and the MoLVT on the Human Trafficking situation in Cambodia, according to which the MOI resolved 120 cases in one year, 39 of which concerned trafficking. However, the Committee noted that the report on WFCL of 2007 indicated that, although the Government has increased arrests and prosecutions of traffickers, anti-trafficking efforts continue to be hampered by reported corruption and a weak judicial system. The Committee urges the Government to take measures to considerably strengthen the role of the police and of the judicial system in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to continue providing information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s statement that it has adopted the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL). The NPA–WFCL is aimed at reducing the incidence of child labour among children aged 5 to 17 years from 16.5 per cent in 1999, to 10.6 per cent in 2010, and to 8 per cent in 2015. It adopts an integrated, cross-sectoral approach to child labour reduction and envisages the active involvement of all key stakeholders. The NPA–WFCL contains eight areas of action: research and study; policy and institutional development; legislation and enforcement; advocacy, networking and social mobilization; education; prevention; protection; withdrawal/removal and rehabilitation. The Committee requests the Government to provide information in its next report on the results achieved by the NPA–WFCL with regard to removing child workers from the worst forms of child labour and providing for their rehabilitation and social integration.

Article 7(1). Penalties. The Committee noted that the HTSE Act provides for a penalty of 15–20 years’ imprisonment if a person if found guilty of selling, buying or exchanging a minor with a purpose or for cross-border transfer. The HTSE Act also punishes the procurement of child prostitution with imprisonment for seven to 15 years; the purchase of child prostitution with seven to 15 years if the minor is under 15 years of age and with two to five years if the minor is aged between 15 and 18 years; and the soliciting of child prostitution with imprisonment for two to five years. Furthermore, the Committee noted that section 368 of the Labour Code provides that employers who employ children of less than 18 years of age under conditions contrary to the provisions of, notably, section 177 (on hazardous work), are liable to a fine of 31–60 days of the base daily wage of the employee in question.

Article 7(2). Effective and time-bound measures. The Committee noted that the ILO–IPEC project Support to the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA-WFCL), a Time-bound Programme (TBP), was implemented on 30 September 2004. The three immediate objectives of the TBP are policy development and enforcement; building knowledge base, commitment and mobilization; and targeted interventions. Under the targeted interventions objective, the TBP implemented action programmes by sector directly targeting children for withdrawal, prevention and rehabilitation. The ten action programmes deal with: salt and fishing production in Kampot; fishing production in Sihanoukville; salt production in Kep; rubber plantations in Kampong Cham; the brick industry in Siem Reap and Kampong Cham; child domestic workers in Phnom Penh; and child porters in Banteay Meanchey. The Committee noted that the second phase of the TBP (TBP–Phase II) will replicate good practices from Phase I when possible and focus on the following interventions: creating a child labour-free zone; reducing the incidence of urban child labour; targeting the worst forms of child labour in new areas; preventing trafficking in children; and promoting safe migration for decent work for youth. The TBP–Phase II will be implemented over a period of 48 months commencing on 30 September 2008.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 
1. Education. The Committee noted that, according to the East Asia Regional Overview in the UNESCO Education for All Global Monitoring Report of 2008 (EFA Global Monitoring Report), the net enrolment ratio in primary education increased from 85 per cent in 1999 to 99 per cent in 2005. The EFA Global Monitoring Report also indicates that the survival rate to the last grade of primary education increased from 23 per cent in 1999 to 57 per cent in 2005. Furthermore, the gross enrolment rate for secondary education increased from 16 per cent in 1999 to 29 per cent in 2005. The Committee noted that the Government adopted the Education for All (EFA) National Plan for 2003–15, which aims to ensure equitable access to basic and post-basic education, enable quality and efficiency improvement, and build capacity for decentralization. The goals of the EFA National Plan are in turn supported by the 2004–08 Education Strategic Plan (ESP) and by the Education Sector Support Programme (ESSP), which identifies specific action areas. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the EFA National Plan, the ESP and the ESSP on increasing school enrolment rates, especially in secondary education, and reducing school drop-out rates for children. It also asks the Government to provide updated statistical data on school enrolment and drop-out rates.

2. Sale and trafficking. The Committee noted that the ILO–IPEC project “Prevention of Trafficking in Children and Women at a Community Level in Cambodia and Vietnam” was implemented from August 2003 to October 2006. The immediate objective of the project was to build community capacity to prevent trafficking in children and women in a total of six provinces in Cambodia through setting up holistic community-based preventive interventions against trafficking in children and women, aimed at reducing vulnerability to trafficking. The Committee noted with interest that, according to the final report for the project of May 2007, 1,454 children were provided with non-formal education and vocational training; 18,670 children benefited from awareness-raising activities on trafficking prevention and safe migration; and 379 children were mainstreamed into the formal education system. The Committee further noted that, according to the report on WFCL of 2007, the Government participated in a four-year project, implemented by World Education, which concluded in September 2007. The project prevented 18,353 children from engaging in commercial sexual exploitation and trafficking through the provision of educational opportunities in the provinces of Banteay Meanchey, Kampong Cham, Prey Veng, as well as Phnom Penh. Moreover, the Committee noted that Cambodia is one of the countries taking part of the ILO–IPEC project “Reducing labour exploitation of children and women: Combating trafficking in the Greater Mekong Subregion, Phase II” (Mekong project–Phase II), along with China, Laos, Myanmar, Thailand and Vietnam. The objectives of the Mekong project–Phase II include supplementing the knowledge base relating to trafficking and labour migration with new updated information, and developing and strengthening multinational/bilateral, national and local frameworks, structures, policies, processes and capacity to address trafficking in children and women within a broader migration framework. Moreover, the Committee noted that a National Plan of Action on Trafficking and Sexual Exploitation of Children (NPA–TIPSE) was implemented in Cambodia from 2000 to 2004. According to the technical progress report for the Mekong project–Phase II of 30 January 2006, a second NPA–TIPSE was elaborated for 2006–10. The second NPA–TIPSE refers not only to sexual exploitation but also to labour exploitation, with reference to the monitoring and enforcement of labour standards through labour inspection. It also moves from simplistic “stay at home” messages to focus on safe migration in terms of preventive measures and understands the country’s status as a source, transit and destination for trafficking. Finally, the Committee noted that the TBP–Phase II adds trafficking to its sectors of targeted interventions. The Committee requests the Government to provide information on the number of children who have been prevented from becoming victims of trafficking for sexual or labour exploitation, and the number of child victims of trafficking who have been removed from sexual or labour exploitation and then rehabilitated and socially integrated, as a result of the implementation of the Mekong project-Phase II, the second phase of the NPA–TIPSE and the TBP–Phase II.

3. Other sectors targeted by the TBP and TBP–Phase II. The Committee noted with interest the Government’s information that, as a result of the action of the TBP, 22,000 child labourers were withdrawn from the worst forms of child labour and that some of them (under 15 years of age) were provided basic education, while others were provided with vocational training (between 15 and 18 years of age). The Government further indicated that 3,000 families of child workers were supported to access microcredit and job creation. The Committee noted that the TBP–Phase II will be implemented in 15 provinces and will target a total of 12,000 children as direct beneficiaries through the provision of educational and non-educational services. Out of this total, 11,000 children will be targeted for withdrawal and prevention through educational (and skills development) services, while 1,000 will be targeted through non-educational services. Moreover, of the total 12,000 targeted children, 7,200 will be withdrawn and 4,800 will be prevented from the worst forms of child labour. The Committee requests the Government to provide information on the results achieved by the TBP–Phase II in terms of number of children who were prevented or withdrawn from the worst forms of child labour.

Clause (d). Children at special risk. Child domestic workers. The Committee noted that, according to the report on WFCL of 2007, children are employed as domestic servants. Most child domestics are girls aged 14–17 years, although the report indicates that it is not uncommon to find workers as young as 6 or 7 years. The child domestic workers typically work 12–16 hour days, seven days a week. The Committee noted that an ILO–IPEC project “Prevention and elimination of exploitative child domestic work through education and training” was implemented from 1 March 2004 to 28 February 2006 and covered countries in Central America, Africa, South Asia and Southeast and East Asia. As a result of the implementation of this project, 2,595 children were prevented from domestic work in Southeast and East Asia, which includes Cambodia; 162 children were withdrawn; and 425 children were protected. The Committee further noted that one of the sectors of targeted interventions of the TBP is child domestic workers in Phnom Penh. The Committee requests the Government to provide information on the number of child domestic workers who were prevented from performing hazardous work, or withdrawn from hazardous work and rehabilitated and socially integrated, as a result of the implementation of the TBP. It also requests the Government to provide information on any other measure taken to protect child domestic workers from the worst forms of child labour in Cambodia.

Article 8. International cooperation. 1. Trafficking. The Committee noted that Cambodia participated in the second Ministerial Consultation and fifth Senior Official Meeting of the Mekong Subregion on Combating Abducting and Trafficking in Women and Children. The conference culminated in the Joint Declaration of the “Mekong Subregional Cooperation in the Anti-trafficking Process”, by ministers from the countries of China, Cambodia, Laos, Myanmar, Vietnam and Thailand. The Committee also noted that the Government signed a Memorandum of Understanding (MOU) between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on Bilateral Cooperation to eliminate trafficking in children and women and provide assistance to victims of trafficking. Moreover, the Committee also noted that the Cambodian National Assembly approved for implementation an ASEAN Inter-Parliamentary Organization (AIPO) resolution to prevent and eradicate the worst forms of child labour. In 2008, ASEAN AIPO adopted a new resolution on regional cooperation to combat human trafficking for both sexual and labour exploitation. The Committee noted that, according to the report on WFCL of 2007, the Government established, in April 2007, a National Task Force (NTF) to implement all agreements and MOUs between Cambodia and other countries on the elimination of trafficking in persons and to assist victims of trafficking. In July 2007, the Government established a “Leading Task Force” on human trafficking activities as a support structure for the NTF. The Committee requests the Government to provide information on the impact of international and regional anti-trafficking agreements and programmes in combating the trafficking of children, and the results achieved. It also requests the Government to provide information on the action of the NTF and of the Leading Task Force in implementing the regional agreements and MOUs between Cambodia and other countries and on the number of child victims of trafficking it has assisted.

2. Poverty reduction. The Committee noted that Cambodia adopted a National Strategic Development Plan (NSDP) for 2006–10, in which child labour concerns have been included. Considering that poverty reduction contributes 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 the NSDP towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee noted that, according to the Cambodia Child Labour Survey of 2001 (CCLS), there are 4.3 million children aged 5–17 years in Cambodia, out of a population of 12.3 million. The CCLS estimated that for the 5–17 years age group, about one in every two children was found to be working. Among all working children, 23 per cent worked more than 35 hours a week, 15 per cent worked more than 41 hours a week and 67 per cent worked between 15 and 34 hours a week. The agricultural sector accounted for seven out of every ten child workers aged
5–17 years in Cambodia as a whole, while 16 per cent of working children worked in wholesale and retail trade, 6.3 per cent worked in manufacturing and 2.3 per cent worked in community, social and personal services. Regarding hazards at the workplace, the CCLS found that 3.6 per cent of working children worked with machinery; 24 per cent did hard work; 3 per cent reported a bad working environment; 0.5 per cent were physically or mentally abused; and 2 per cent were badly paid. In terms of injuries and related illnesses, cuts, moulds and punctures were the main injuries reported by working children (60 per cent of the injured working children), followed by contusions, bruises and abrasions (16 per cent), and bites by animals, insects or snakes (15 per cent). The Committee expresses its deep concern at the significant number of children who work in hazardous conditions in Cambodia and requests the Government to redouble its efforts to remove and rehabilitate children from hazardous work. It also requests the Government to provide updated statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee takes note of the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes the Government’s statement that the Law on Suppression of Kidnapping, Trafficking and Exploitation of Persons of 1996 prohibits the enticement or forceful kidnapping of human beings, including minors, for sale, trafficking or prostitution. The Committee also notes that section 15 of the Act on Suppression of Human Trafficking and Sexual Exploitation of 2008 (HTSE Act) prohibits the act of selling, buying or exchanging a person for the purpose of profit, sexual aggression, production of pornography or any form of exploitation, while section 16 prohibits selling, buying or exchanging a person for cross-border trafficking.

2. Forced or compulsory labour. The Committee notes that section 15 of the Labour Code of 1997 (Labour Code) states that forced or compulsory labour is forbidden, including for domestics or household servants and all workers in agricultural enterprises. Moreover, section 16 of the Labour Law prohibits hiring people for work to pay off debts.

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that the HTSE Act prohibits the procuring, purchasing and soliciting of prostitution of minors under 18 (sections 28, 34 and 35). The HTSE Act also prohibits any person from providing another with money or anything of value on the condition that a minor engage in prostitution, or from making a contract in which a minor is obliged to engage in prostitution. The Committee also notes that section 41 of the HTSE Act provides that a person who distributes, sells, leases, displays, projects or presents child pornography in a public place, or produces child pornography for that purpose, commits an offence.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that article 64 of the Constitution of Cambodia states that “The State shall ban and severely punish those who import, manufacture, sell illicit drugs, counterfeit and expired goods which affect the health and life of consumers.” However, the Committee observes that national legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requests the Government to indicate whether there are legislative provisions that prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. If so, it asks the Government to indicate those provisions. If not, it requests the Government to take immediate measures to ensure that the use, procuring or offering of a child for illicit activities is prohibited by national legislation, as a matter of urgency.

Clause (d) and Article 4, paragraph 1. 1. Hazardous work and determination of hazardous work. The Committee notes the Government’s statement that section 177(2) of the Labour Code prohibits children under 18 years from any kind of employment or work which, by its nature, could be hazardous to their health, safety or morality. The types of employment or work concerned are determined by a PRAKAS (ministerial order) of the Ministry in Charge of Labour, in consultation with the Labour Advisory Committee. In this regard, the Committee notes that the Ministry of Labour and Vocational Training (MoLVT) adopted the PRAKAS on the Prohibition of Hazardous Child Labour of 28 April 2004, which contains an extensive list of the types of hazardous work which could jeopardize the health, safety or morals of children under 18 years of age, including deep-sea and off-shore fishing, charcoal burning, firefighting, maintenance of heavy machinery, work involving exposure to harmful chemical, physical, electromagnetic or ionizing agents, work as embalmers, and many more.

2. Self-employed workers. The Committee notes that section 1 of the Labour Code provides that it governs relations between employers and workers resulting from employment contracts within the territory of Cambodia. It observes that the Labour Code appears to only apply to those with an employment relationship. In this regard, it notes that, according to a report on findings on the worst forms of child labour in Cambodia of 2007 (report on WFCL of 2007), available on the web site of the High Commissioner for Refugees (www.unhcr.org), the Labour Code does not cover many areas of informal sector work such as family businesses and farms, begging, scavenging, hauling and day labour, where the most serious child labour problems exist. The Committee brings the Government’s attention to the fact that the Convention applies not only to work under an employment contract, but to all types of work or employment. The Committee notes that the Government indicates, in its report under the Minimum Age Convention, 1973 (No. 138), that Cambodia is committed to implement Convention No. 138 as a general instrument covering all employment or work, to workers under an employment contract or self-employed, remunerated or not, including within a family undertaking and on means of transport. Noting the Government’s commitment in this regard, the Committee requests the Government to take the necessary measures to ensure that self-employed workers under 18 years of age are protected from the worst forms of child labour, as a matter of urgency.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s statement that, since the establishment of the Department of Child Labour (DCL), the mechanism to monitor child labour is the Child Labour Inspection Office of the DCL in collaboration with the Department of Occupational Safety and Health. The Committee also notes the Government’s statement that other institutions, such as the National Sub-Committee on Child Labour of the Cambodian National Council for Children, the Municipal/Provincial Committees on Child Labour and the Community Monitoring of Child Labour, constitute a coordinating mechanism to support the monitoring of the application of the Convention. However, the Committee notes that, according to the report on WFCL of 2007, no employer was prosecuted for violating child labour laws in 2007. The Committee therefore strongly encourages the Government to continue strengthening the mechanisms to monitor the implementation of the provisions giving effect to the Convention. It requests the Government to provide information on the progress made in this regard. The Committee also requests the Government to supply information on the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

2. The police. The Committee notes that, according to the report on WFCL of 2007, local police are responsible for enforcing laws against child trafficking and prostitution. From April 2007 to February 2008, the police arrested 57 offenders for cross-border and domestic trafficking. Furthermore, the Committee notes that, according to a report on trafficking of persons for Cambodia of 2008 (trafficking report of 2008), available on the web site of the High Commission for Refugees (www.unhcr.org), the Ministry of Interior (MOI) reported receiving complaints of 53 trafficking cases from April 2007 to March 2008, of which 35 were sex trafficking cases involving 60 victims, and 11 were labour trafficking cases involving 106 victims. The Committee also notes the information provided in the joint report of the MOI and the MoLVT on the Human Trafficking situation in Cambodia, according to which the MOI resolved 120 cases in one year, 39 of which concerned trafficking. However, the Committee notes that the report on WFCL of 2007 indicates that although the Government has increased arrests and prosecutions of traffickers, anti-trafficking efforts continue to be hampered by reported corruption and a weak judicial system. The Committee urges the Government to take measures to considerably strengthen the role of the police and of the judicial system in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to continue providing information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that it has adopted the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2008–12) (NPA–WFCL). The NPA–WFCL is aimed at reducing the incidence of child labour among children aged 5 to 17 years from 16.5 per cent in 1999, to 10.6 per cent in 2010, and to 8 per cent in 2015. It adopts an integrated, cross-sectoral approach to child labour reduction and envisages the active involvement of all key stakeholders. The NPA–WFCL contains eight areas of action: research and study; policy and institutional development; legislation and enforcement; advocacy, networking and social mobilization; education; prevention; protection; withdrawal/removal and rehabilitation. The Committee requests the Government to provide information in its next report on the results achieved by the NPA–WFCL with regard to removing child workers from the worst forms of child labour and providing for their rehabilitation and social integration.

Article 7, paragraph 1. Penalties. The Committee notes that the HTSE Act provides for a penalty of 15–20 years’ imprisonment if a person if found guilty of selling, buying or exchanging a minor with a purpose or for cross-border transfer. The HTSE Act also punishes the procurement of child prostitution with imprisonment for seven to 15 years; the purchase of child prostitution with seven to 15 years if the minor is under 15 years of age and with two to five years if the minor is aged between 15 and 18 years; and the soliciting of child prostitution with imprisonment for two to five years. Furthermore, the Committee notes that section 368 of the Labour Code provides that employers who employ children of less than 18 years of age under conditions contrary to the provisions of, notably, section 177 (on hazardous work), are liable to a fine of 31–60 days of the base daily wage of the employee in question.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the ILO/IPEC project Support to the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA-WFCL), a Time-bound Programme (TBP), was implemented on 30 September 2004. The three immediate objectives of the TBP are policy development and enforcement; building knowledge base, commitment and mobilization; and targeted interventions. Under the targeted interventions objective, the TBP implemented action programmes by sector directly targeting children for withdrawal, prevention and rehabilitation. The ten action programmes deal with: salt and fishing production in Kampot; fishing production in Sihanoukville; salt production in Kep; rubber plantations in Kampong Cham; the brick industry in Siem Reap and Kampong Cham; child domestic workers in Phnom Penh; and child porters in Banteay Meanchey. The Committee notes that the second phase of the TBP (TBP–Phase II) will replicate good practices from Phase I when possible and focus on the following interventions: creating a child labour-free zone; reducing the incidence of urban child labour; targeting the worst forms of child labour in new areas; preventing trafficking in children; and promoting safe migration for decent work for youth. The TBP–Phase II will be implemented over a period of 48 months commencing on 30 September 2008.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, direct assistance for the removal of children from the worst forms of child labour and providing for their rehabilitation and social integration. 1. Education. The Committee notes that, according to the East Asia Regional Overview in the UNESCO Education for All Global Monitoring Report of 2008 (EFA Global Monitoring Report), the net enrolment ratio in primary education increased from 85 per cent in 1999 to 99 per cent in 2005. The EFA Global Monitoring Report also indicates that the survival rate to the last grade of primary education increased from 23 per cent in 1999 to 57 per cent in 2005. Furthermore, the gross enrolment rate for secondary education increased from 16 per cent in 1999 to 29 per cent in 2005. The Committee notes that the Government adopted the Education for All (EFA) National Plan for 2003–15, which aims to ensure equitable access to basic and post-basic education, enable quality and efficiency improvement, and build capacity for decentralization. The goals of the EFA National Plan are in turn supported by the 2004–08 Education Strategic Plan (ESP) and by the Education Sector Support Programme (ESSP), which identifies specific action areas. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to provide information on the impact of the EFA National Plan, the ESP and the ESSP on increasing school enrolment rates, especially in secondary education, and reducing school drop-out rates for children. It also asks the Government to provide updated statistical data on school enrolment and drop-out rates.

2. Sale and trafficking. The Committee notes that the ILO/IPEC project “Prevention of Trafficking in Children and Women at a Community Level in Cambodia and Vietnam” was implemented from August 2003 to October 2006. The immediate objective of the project was to build community capacity to prevent trafficking in children and women in a total of six provinces in Cambodia through setting up holistic community-based preventive interventions against trafficking in children and women, aimed at reducing vulnerability to trafficking. The Committee notes with interest that, according to the final report for the project of May 2007, 1,454 children were provided with non-formal education and vocational training; 18,670 children benefited from awareness-raising activities on trafficking prevention and safe migration; and 379 children were mainstreamed into the formal education system. The Committee further notes that, according to the report on WFCL of 2007, the Government participated in a four-year project, implemented by World Education, which concluded in September 2007. The project prevented 18,353 children from engaging in commercial sexual exploitation and trafficking through the provision of educational opportunities in the provinces of Banteay Meanchey, Kampong Cham, Prey Veng, as well as Phnom Penh. Moreover, the Committee notes that Cambodia is one of the countries taking part of the ILO/IPEC project “Reducing labour exploitation of children and women: Combating trafficking in the Greater Mekong Subregion, Phase II” (Mekong project–Phase II), along with China, Laos, Myanmar, Thailand and Vietnam. The objectives of the Mekong project–Phase II include supplementing the knowledge base relating to trafficking and labour migration with new updated information, and developing and strengthening multinational/bilateral, national and local frameworks, structures, policies, processes and capacity to address trafficking in children and women within a broader migration framework. Moreover, the Committee notes that a National Plan of Action on Trafficking and Sexual Exploitation of Children (NPA–TIPSE) was implemented in Cambodia from 2000 to 2004. According to the technical progress report for the Mekong project–Phase II of 30 January 2006, a second NPA–TIPSE was elaborated for 2006–10. The second NPA–TIPSE refers not only to sexual exploitation but also to labour exploitation, with reference to the monitoring and enforcement of labour standards through labour inspection. It also moves from simplistic “stay at home” messages to focus on safe migration in terms of preventive measures and understands the country’s status as a source, transit and destination for trafficking. Finally, the Committee notes that the
TBP–Phase II adds trafficking to its sectors of targeted interventions. The Committee requests the Government to provide information on the number of children who have been prevented from becoming victims of trafficking for sexual or labour exploitation, and the number of child victims of trafficking who have been removed from sexual or labour exploitation and then rehabilitated and socially integrated, as a result of the implementation of the Mekong project-Phase II, the second phase of the NPA–TIPSE and the
TBP–Phase II.

3. Other sectors targeted by the TBP and TBP–Phase II. The Committee notes with interest the Government’s information that, as a result of the action of the TBP, 22,000 child labourers were withdrawn from the worst forms of child labour and that some of them (under 15 years of age) were provided basic education, while others were provided with vocational training (between 15 and 18 years of age). The Government further indicates that 3,000 families of child workers were supported to access micro-credit and job creation. The Committee notes that the TBP–Phase II will be implemented in 15 provinces and will target a total of 12,000 children as direct beneficiaries through the provision of educational and non-educational services. Out of this total, 11,000 children will be targeted for withdrawal and prevention through educational (and skills development) services, while 1,000 will be targeted through non-educational services. Moreover, of the total 12,000 targeted children, 7,200 will be withdrawn and 4,800 will be prevented from the worst forms of child labour. The Committee requests the Government to provide information on the results achieved by the TBP–Phase II in terms of number of children who were prevented or withdrawn from the worst forms of child labour.

Clause (d). Children at special risk. Child domestic workers. The Committee notes that, according to the report on WFCL of 2007, children are employed as domestic servants. Most child domestics are girls aged 14 to 17 years, although the report indicates that it is not uncommon to find workers as young as 6 or 7 years. The child domestic workers typically work 12–16 hour days, seven days a week. The Committee notes that an ILO/IPEC project “Prevention and elimination of exploitative child domestic work through education and training” was implemented from 1 March 2004 to 28 February 2006 and covered countries in Central America, Africa, South Asia and Southeast and East Asia. As a result of the implementation of this project, 2,595 children were prevented from domestic work in Southeast and East Asia, which includes Cambodia; 162 children were withdrawn; and 425 children were protected. The Committee further notes that one of the sectors of targeted interventions of the TBP is child domestic workers in Phnom Penh. The Committee requests the Government to provide information on the number of child domestic workers who were prevented from performing hazardous work, or withdrawn from hazardous work and rehabilitated and socially integrated, as a result of the implementation of the TBP. It also requests the Government to provide information on any other measure taken to protect child domestic workers from the worst forms of child labour in Cambodia.

Article 8. International cooperation. 1. Trafficking. The Committee notes that Cambodia participated in the second Ministerial Consultation and fifth Senior Official Meeting of the Mekong Subregion on Combating Abducting and Trafficking in Women and Children. The conference culminated in the Joint Declaration of the “Mekong Subregional Cooperation in the Anti-trafficking Process”, by ministers from the countries of China, Cambodia, Laos, Myanmar, Vietnam and Thailand. The Committee also notes that the Government signed a Memorandum of Understanding (MOU) between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on Bilateral Cooperation to eliminate trafficking in children and women and provide assistance to victims of trafficking. Moreover, the Committee also notes that the Cambodian National Assembly approved for implementation an ASEAN Inter‑Parliamentary Organization (AIPO) Resolution to prevent and eradicate the worst forms of child labour. In 2008, ASEAN AIPO adopted a new resolution on regional cooperation to combat human trafficking for both sexual and labour exploitation. The Committee notes that, according to the report on WFCL of 2007, the Government established, in April 2007, a National Task Force (NTF) to implement all agreements and MOUs between Cambodia and other countries on the elimination of trafficking in persons and to assist victims of trafficking. In July 2007, the Government established a “Leading Task Force” on human trafficking activities as a support structure for the NTF. The Committee requests the Government to provide information on the impact of international and regional anti-trafficking agreements and programmes in combating the trafficking of children, and the results achieved. It also requests the Government to provide information on the action of the NTF and of the Leading Task Force in implementing the regional agreements and MOUs between Cambodia and other countries and on the number of child victims of trafficking it has assisted.

2. Poverty reduction. The Committee notes that Cambodia adopted a National Strategic Development Plan (NSDP) for 2006–10, in which child labour concerns have been included. Considering that poverty reduction contributes 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 the NSDP towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the Cambodia Child Labour Survey of 2001 (CCLS), there are 4.3 million children aged 5–17 years in Cambodia, out of a population of 12.3 million. The CCLS estimated that for the 5–17 years age group, about one in every two children was found to be working. Among all working children, 23 per cent worked more than 35 hours a week, 15 per cent worked more than 41 hours a week and 67 per cent worked between 15 and 34 hours a week. The agricultural sector accounted for seven out of every ten child workers aged 5–17 years in Cambodia as a whole, while 16 per cent of working children worked in wholesale and retail trade, 6.3 per cent worked in manufacturing and 2.3 per cent worked in community, social and personal services. Regarding hazards at the workplace, the CCLS found that 3.6 per cent of working children worked with machinery; 24 per cent did hard work; 3 per cent reported a bad working environment; 0.5 per cent were physically or mentally abused; and 2 per cent were badly paid. In terms of injuries and related illnesses, cuts, moulds and punctures were the main injuries reported by working children (60 per cent of the injured working children), followed by contusions, bruises and abrasions (16 per cent), and bites by animals, insects or snakes (15 per cent). The Committee expresses its deep concern at the significant number of children who work in hazardous conditions in Cambodia and requests the Government to redouble its efforts to remove and rehabilitate children from hazardous work. It also requests the Government to provide updated statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by sex.