Minimum Age Convention, 1973 (No. 138) - Cambodia (Ratification: 1999)

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

Article 2(1) and (2) of the Convention. Raising the minimum age for admission to employment. Following its previous comments, the Committee takes note of the Government’s confirmation, in its report, that the minimum age for employment is 15 years, in accordance with article 177(1) of the Labour Act. The Committee therefore once again expresses the hope that the Government will envisage submitting a declaration under Article 2(2) of the Convention to notify the Director-General of the International Labour Office that it has raised the minimum age for work or employment to 15 years, in line with Cambodia’s current Labour Act.

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

Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee takes note of the information communicated by the Government in its report regarding the results achieved through its various measures, including the National Plan of Action on the Reduction of Child Labour and Elimination of the Worst Forms of Child Labour 2016–25 (NPA–WFCL) and the Decent Work Country Programme (DWCP) 2016-18. It notes that, according to the latest statistics from the Socio-Economic Survey 2019-20 of the National Institute for Statistics, the number of working children decreased from 23.6 per cent in 2012 to 18.2 per cent in 2019-20.

The Committee notes that the Government continues to take measures aimed at improving the socio-economic conditions and reducing the incidence of child labour in the country, including the continued implementation of the NPA-WFCL. It also notes that the 2019-23 DWCP is designed to help the country achieve sustained job-rich growth and inclusive and sustainable development while advancing decent work for all Cambodian women and men. Moreover, according to information available to the ILO on policy responses in Cambodia, among other measures adopted in response to the COVID-19 crisis, the Government is expanding existing social protection programmes to the poor and vulnerable, especially through cash transfer programmes. The Committee encourages the Government to continue its efforts to ensure the progressive elimination of child labour through the implementation of the NPA–WFCL, the 2019-23 Decent Work Country Programme and other policies and social protection programme, and requests it to continue to provide information on the results achieved. In this regard, the Committee also requests that the Government continue to provide any updated statistical information on the employment of children and young persons.

Article 2(1). Scope of application and labour inspection. 1. Children working in the informal economy. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Vocational Training (MLVT) has conducted technical meetings and training courses with labour inspectors with a view to increasing their effectiveness in monitoring child labour. From 2019 to 2020, 14 training courses were conducted with 1,604 labour inspectors and other relevant stakeholders to prevent the exploitation of child labour. In addition, the Government indicates that under the draft law on the amendment of the Labour Act, labour inspectors will receive a qualification as juridical police, which will allow them to have better access when conducting inspections and contribute to the prevention of child labour and its worst forms. The Committee requests the Government to continue its efforts to strengthen the labour inspection services to enable them to effectively monitor and detect cases of child labour, including children working on their own account or in the informal economy. It requests the Government to provide information in this regard and on the number and nature of violations found related to child labour, including in hazardous conditions, and the penalties imposed. It also requests information on the specific aspects of better access for labour inspectors that are enabled, based on their qualification, as juridical police.

2. Child domestic workers. In response to the Committee’s previous concern that the minimum age for employment or work did not apply to domestic workers and household servants, the Committee notes with satisfaction the issuance of Prakas No. 235 by the MLVT on 29 May 2018, according to section 4 of which domestic workers must be at least 18 years of age, or at least 15 years of age for light domestic work which is not hazardous to health.

Article 2(3). Compulsory schooling. Regarding the Committee’s previous comments relating to the fact that, under the provisions of the Education Law of 2007, basic education in Cambodia is free but not compulsory, the Government indicates that the Ministry of Education, Youth and Sport will undertake a feasibility analysis with a view to implementing nine years of basic education (until 15 years of age) and prepare an action plan to introduce compulsory education on a phase by phase basis and clearly outline the roles and responsibilities of the various levels of government and financial arrangements in this regard. The Government indicates that, to start, it will undertake preparatory work to implement free and compulsory education at pre-primary level, which will become an integral part of basic education. The Committee once again stresses the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment or work, because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour (2012 General Survey on the fundamental Conventions, paragraph 369). The Committee therefore encourages the Government to take the necessary measures to implement compulsory education, up to the minimum age for admission to employment, and to provide information on the progress made in this regard.

The Committee is raising another matter in a request addressed directly to the Government.

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

Article 2(1) and (2) of the Convention. Raising the minimum age for admission to employment. The Committee previously noted that the Government had raised the minimum age from 14 to 15 years in its national legislation and policies, and requested the Government to indicate any steps taken or envisaged to submit a declaration to notify the Director-General of the International Labour Office in this respect.

The Committee notes that the Government now indicates that the minimum age for employment or work has not been raised from 14 to 15 in its current legislation and policies. However, the Committee notes that, according to article 177(1) of the Labour Law, the “allowable minimum age for wage employment is set at fifteen years”. The Committee therefore expresses the hope that the Government will envisage submitting a declaration under Article 2(2) of the Convention to notify the Director-General of the International Labour Office that it has raised the minimum age for work or employment to 15 years, in line with Cambodia’s current Labour Law.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee took note of the Government’s efforts to coordinate plans of action and cooperate with the social partners to eliminate child labour in the country. It noted, however, that according to the Cambodia Labour Force and Child Labour Survey of 2012, of the estimated 755,245 economically active children in Cambodia, 56.9 per cent (429,380) were engaged in child labour in violation of the Convention, 55.1 per cent (236,498) of which were engaged in hazardous labour. Of those children engaged in hazardous labour, approximately 5.3 per cent were children aged 5–11 years, 15.8 per cent were children aged 12–14 years, and 42 per cent were children aged 15–17 years. The Committee expressed its concern over the significant number of children below the minimum age for admission to employment who were working in Cambodia, including in hazardous work.

The Committee notes the Government’s information in its report that the Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation (MoSALVY) is reinforcing and strengthening its efforts to combat all forms of child labour. The Committee notes with interest the Government’s information that a new National Plan of Action on the Reduction of Child Labour and Elimination of the Worst Forms of Child Labour was adopted for 2016–25 (NPA–WFCL). It notes the Government’s indication that the NPA–WFCL, along with the Decent Work Country Programme (2016–18) and other national policies, form the roadmap for the elimination of all forms of child labour. The Government adds that the National Committee for Combating Child Labour (NCCL), which is newly established and whose mandate extends beyond that of the former Sub-national Committee on Child Labour, is an effective coordinating and inter-ministerial body led by the Ministry of Labour and Vocational Training (MoLVT) that monitors the effective implementation of policies and laws, and increases the awareness of the public regarding the issues surrounding child labour.

Finally, the Committee notes that, in collaboration with the ILO, a project on expanding the evidence base and reinforcing policy research for scaling-up and accelerating action against child labour 2010–17 (Child Labour Data project) aims to promote generating data on child labour and to effectively use this data in the design and revision of comprehensive national policies and programmes aimed at addressing child labour by improving livelihoods. The Committee encourages the Government to continue to strengthen its efforts, including within the framework of the NPA–WFCL and the Decent Work Country Programme, to eliminate child labour, particularly in hazardous work, and to provide information on the results achieved. The Committee also requests that the Government continue to provide any updated statistical information on the employment of children and young persons that is obtained as a result of the Child Labour Data project.

Article 2(1). Scope of application and labour inspection. 1. Children working in the informal economy. In previous comments, the Committee noted that the Government had drafted amendments to Cambodian labour law to ensure the application of the minimum age for admission to all types of work outside an employment relationship, including self-employment. It also noted that the MoLVT had developed new administrative orders (Prakas) on child labour in tobacco and other agricultural sectors. The Government also indicated that the MoLVT was seeking technical and financial assistance to conduct research concerning the costs and benefits of further extending the minimum working age to informal economic sectors.

The Committee notes the Government’s statement in its report that, with regard to the minimum age for employment or work, the Labour Law applies to all working children except those working in the domestic sector, regardless of whether they have a formal or informal employment relationship. However, the Committee observes that, according to section 1 of the Labour Law, the law “governs relations between employers and workers resulting from employment contracts”. Section 3 provides that a worker is a person “who has signed an employment contract in return for remuneration, under the direction and management of another person”. Therefore the Committee observes that the Labour Law does not apply to workers working on their account or in the informal economy. The Committee nevertheless notes the Government’s information that the MoLVT created, in 2015, a Commission in charge of drafting and amending legislation and regulations [(MoLVT Law Commission)] in the area of labour law. The Commission is currently taking measures to collect information on the application of labour laws and regulations in force, with the aim of improving working conditions and ensuring better protection of children in the labour market.

The Committee recalls that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. In this regard, referring to the 2012 General Survey on the fundamental Conventions (paragraph 407), the Committee emphasizes the importance of ensuring that the labour inspection system effectively monitors working children in all areas and sectors. The Committee therefore takes due note of the Government’s information that the MoLVT has established standardized inspection guidelines, i.e. adopted a labour inspection checklist, to increase the effectiveness of child labour law enforcement and to focus on monitoring and inspecting cases of child labour. The Committee expresses the hope that, in strengthening the capacity of labour inspectors with a view to increasing their effectiveness in monitoring child labour, the situation of children working on their own account or in the informal economy will also be covered. In this regard, the Committee requests the Government to continue to adapt and strengthen the labour inspection services in order to ensure that the protection established by the Convention is secured for children working in these sectors, and to provide information on the results achieved.

2. Child domestic workers. The Committee previously noted that, by virtue of section 1(e), the Labour Law does not apply to domestic workers or household servants, who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. It noted that children, primarily girls between the ages of 7 and 17 years, working in domestic service in third-party homes where they are particularly vulnerable to hazardous work, were in need of protection. In this regard, the Committee took note of the project funded by the US Department of Labor which aimed to extend the protection of the Convention to domestic workers and household servants under the minimum age for work.

The Committee notes with concern that the minimum age for employment or work still does not apply to domestic workers and household servants. It notes the Government’s indication that it strongly believes that, following the creation of the MoLVT Law Commission, new legal instruments will be adopted and promulgated in order to provide effective and full protection to all working children. The Committee urges the Government to take the necessary measures, through the MoLVT Law Commission or otherwise, to extend the protection of the Convention to domestic workers and household servants under the minimum age for admission to work. It requests that the Government provide information on the progress made in this regard.

Article 2(3). Compulsory schooling. In its previous comments, the Committee noted the information provided by the Government that “schooling is compulsory for nine years and primary and secondary schools are free” (section 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). The Committee noted that, in accordance with the Cambodian education system, children started school at 6 years of age and completed schooling at 15 years of age.

The Committee notes, however, while children begin schooling at 6 years of age and basic education lasts for nine years, the provisions of the Education Law of 2007 indicate that while basic education is free, it is not compulsory. The Education Law provides that citizens have the right to access education for at least nine years free of charge (section 31), but that parents only have the obligation to enrol their children in grade 1 of the general education programme at the age of 6 (section 36). Referring to the General Survey of 2012 (paragraph 369), the Committee recalls that compulsory education is one of the most effective means of combating child labour. It thus stresses the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment or work, because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour. The Committee therefore urges the Government to take the necessary measures to implement compulsory education, up to the minimum age for admission to employment.

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 2(1) of the Convention. Scope of application. In previous comments, the Committee noted that the Government had conducted a review of the Labour Law of 1997 in the framework of the ILO–IPEC Time-bound Programme (TBP–Phase II) entitled “A review of the legislative framework on child labour in Cambodia” (the Review) and had accordingly drafted amendments to Cambodian labour law to ensure the application of the minimum age for admission to all types of work outside an employment relationship, including self-employment.

The Committee notes the Government’s information concerning measures taken under the Review, according to which the Ministry of Labour and Vocational Training of the Royal Government of Cambodia (MoLVT–RGC) has developed new administrative orders (Prakas) on child labour in tobacco and other agricultural sectors to extend the application of the minimum age for admission to work which falls outside of the employment relationship, including self-employment. The Government also indicates that the MoLVT is seeking technical and financial assistance to conduct research concerning the costs and benefits of further extending the minimum working age to informal economic sectors. The Committee requests the Government to continue to provide information concerning steps taken or envisaged under the Review process to extend the protection of the Convention to children working outside of a formal employment relationship. Noting the Government’s latest indication that the MoLVT–RGC is seeking technical and financial assistance to research this issue, it invites the Government to consider seeking technical assistance from the ILO in this respect.

Article 2(2), (3) and (5). Raising the minimum age for admission to employment. The Committee recalls its previous comment which noted with interest the Government’s indication that it renounced its right to avail itself of the possibility of specifying a minimum age of 14 years, and that the minimum age of 15 was now being referred to in all its circulars and documents. The Committee notes, however, the Government’s information that the MoLVT–RGC is seeking technical and financial assistance to assess the potential impact of an incremental raise in the minimum age. Noting that the Government has raised the minimum age from 14 to 15 years in its national legislation and policies, the Committee requests the Government to indicate any steps taken or envisaged to submit a declaration under Article 2(2) of the Convention to notify the Director-General of the International Labour Office in this respect.

Article 4. Exclusion of limited categories of employment or work. The Committee recalls its previous comment which noted that, by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. It further recalls its previous comment, in 2011, under the Worst Forms of Child Labour Convention, 1999 (No. 182), expressing serious concern at the exploitation of young persons under 18 years of age employed in domestic work under hazardous conditions.

The Committee notes with interest the Government’s reference to a US Department of Labor (US DoL) funded project which aims to extend the protection of the Convention to domestic workers and household servants under the minimum age for work. The Committee notes, in this respect, that the US DoL Project to Combat Child Labour in Cambodia notes the need to protect children, primarily girls between the ages of 7 and 17 years, working in domestic service in third-party homes where they are particularly vulnerable to hazardous work. The Committee accordingly requests the Government to provide updated information concerning any amendments made or envisaged to the Labour Law or other national legislation, within the framework of the Review and the Project to Combat Child Labour in Cambodia, to extend the protection of the Convention to domestic workers and household servants under the minimum age for admission to work.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the large number of working children in the country, including in the informal sector, in agriculture and in the family context. It also noted that the Government’s national policy on non-formal education included working children as one of its primary targets. It strongly encouraged the Government to renew its efforts to progressively improve the situation.

The Committee notes the Government’s reference to the Ministry of Labour and Vocational Training of the Royal Government of Cambodia (MoLVT–RGC) Strategic Plan. It further notes the Cambodian Federation of Employers and Business Associations (CAMFEBA) Plan of Action on the Elimination of Child Labour (CAMFEBA–PAECL) in Cambodia (2012–16), which was established with ILO–IPEC assistance and, according to its terms, was developed based on existing governmental policies to reinforce and contribute to the Government’s objectives to reduce and eliminate child labour in the country by 2016. The Committee notes, in this connection, that the CAMFEBA–PAECL makes reference to the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2013–17), which aims to eliminate child labour in the country by 2016. The Committee also notes the ILO Decent Work Country Programme for Cambodia (2011–15) which prioritizes, among others, the effective progress made toward the elimination of child labour and to strengthen the capacity of national stakeholders. Finally, it notes the Government’s indication that 8,993 children, including 3,324 girls, were removed from child labour between June 2013 and July 2014.

The Committee notes the Government’s efforts to coordinate plans of action and cooperate with the social partners to eliminate child labour in the country. It further notes, however, that according to the Cambodia Labour Force and Child Labour Survey of 2012, of the estimated 755,245 economically active children in Cambodia, 56.9 per cent (429,380) were engaged in child labour contrary to the Convention, 55.1 per cent (236,498) of which were engaged in hazardous labour. Of those children engaged in hazardous labour, approximately 5.3 per cent were children aged 5–11 years, 15.8 per cent were children aged 12–14 years and 42 per cent were children aged 15–17 years. The Committee must express its concern over the significant number of children below the minimum age for admission to employment who are working in Cambodia, including in hazardous work. The Committee accordingly requests the Government to continue to strengthen its efforts, including within the framework of the National Plan of Action and the Decent Work Country Programme, to achieve its objective of eliminating child labour by 2016, particularly in hazardous work. The Committee also requests the Government to continue to provide updated statistical information on the employment of children and young persons, as well as any labour inspection reports.

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

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

Article 2 of the Convention. Scope of application. The Committee had previously noted that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It had further noted the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement was met with some difficulties.

The Committee notes the Government’s information that it has conducted a review of the Labour Law of 1997 in the framework of the ILO–IPEC Time-bound Programme (TBP-Phase II) entitled “A Review of the Legislative Framework on Child Labour in Cambodia” (Review). This review aims and has drafted amendments to Cambodian labour law to ensure the application of the minimum age for admission to all types of work outside an employment relationship, including self-employment. The Committee recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee requests the Government to indicate how the envisaged amendments to Cambodian labour law will extend the protection of the Convention to children under the minimum age working outside of an employment relationship. It also requests the Government to take measures to ensure that such amendments are adopted in the near future.

Article 2(2), (3) and (5). Raising the minimum age for admission to employment or work and age of completion of compulsory schooling. In its previous comments, the Committee had noted the information provided by the Government that “schooling is compulsory for nine years and primary and secondary schools are free” (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It observed that if children start school at 6 years of age, they will complete compulsory schooling at 15 years of age. The Committee noted the Government’s information that the minimum age for employment as provided for in the Labour Law (15 years), is the same as the age of completion of compulsory schooling in Cambodia. However, the Committee recalled that, at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The Committee also recalled that under Article 2(3) of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. In view of the Government’s indication that the enforcement of the provisions of the Labour Law concerning the minimum age for employment (15 years) is difficult, the Committee asked the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age.

The Committee notes the Government’s information that the minimum age for employment or work in Cambodia is 15 years, and that in all the circulars and documents being issued by the Government, such as in the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA), the minimum age of 15 is now accordingly being referred to. The Committee notes with interest the Government’s indication that it therefore renounces its right to avail itself of the possibility of specifying a minimum age of 14 years, as of 12 June 2011. The Committee takes the opportunity to draw the Government’s attention to Article 2(2) of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that, by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration.

The Committee notes the Government’s information that the Review envisages to cover persons under 18 working as domestics and household servants under section 8 of the Labour Law, which concerns child labour. The Committee requests the Government to indicate whether the amendments to the Labour Law envisaged in the framework of the Review will extend the protection of the Convention to domestic workers and household servants under the minimum age for admission to work.

Article 7(2) and (3). Light work. The Committee had previously noted the Government’s indication that a draft ministerial order (PRAKAS) to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work, was in preparation. The Committee had observed that this draft PRAKAS has been discussed in the child labour working group and the national subcommittee on child labour and would be issued after technical advice from the ILO. It noted that, according to the summary outline for the ILO–IPEC action programme “An awareness and advocacy campaign against child labour in Cambodia” of 1 January 2007, the PRAKAS defining light work for children aged 12–14 years was pending approval.

The Committee notes the Government’s information that the PRAKAS No. 002 on the determination of types of light work and employment in which children who have attained 12 to 15 years may be hired has been issued on 8 January 2008. The Committee requests the Government to provide a copy of the PRAKAS relating to light work with its next report.

Article 1 and Part V of the report form. Practical application of the Convention. In its previous comments, the Committee had noted that, in its concluding observations on the initial report of Cambodia (CRC/C/15/Add. 128, paragraphs 61–62), the Committee on the Rights of the Child (CRC) expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. The Committee noted that Cambodia has the largest proportion of economically active 10 to 14 year-olds in East and South-East Asia. The Committee noted the Government’s information that it has taken several national policies and programmes to protect underage children from working. Furthermore, the Government intended to provide access to quality education for all children through its Education for All National Plan (2003–15).

The Committee notes the Government’s information on the several measures it continues to undertake to combat child labour. These measures include discussions for the adoption of a second NPA for 2013–16 which aims to reduce overall child labour to 8 per cent by 2015. Moreover, the issue of child labour has been integrated as a key objective of the National Social Protection Strategy and child workers have been identified as a separate vulnerable group in the Education Strategic Plan II of 2009–13. The Government also indicates that employers’ and workers’ organizations are making separate bipartite and tripartite efforts to reduce and end child labour in the country. The Committee notes the Government’s information that the impact of these initiatives is beginning to be seen. For example, the salt sector will be declared free of child labour in the next year. Similarly, the province of Kep and the porter sector in the municipality of Poipet will be free of child labour by 12 June 2012 and, according to the Government, the on-going work in Phnom Penh and Siem Reap is beginning to show that the touristic parts of these two cities would also be free of child labour by June 2012.

However, 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. Moreover, the Government indicates that exact statistical data will be obtained through the Labour Force and Child Labour Survey, which is being conducted by the National Institute of Statistics of the Ministry of Planning with the support of ILO–IPEC–SIMPOC, within the framework of the TBP-Phase II. While noting the measures taken by the Government to abolish child labour, the Committee expresses its concern at the number of children who are compelled to work in Cambodia and urges the Government to redouble its efforts to combat child labour. The Committee requests the Government to continue providing information on the impact of its measures on the elimination of child labour. The Committee also requests the Government to provide a copy of the results of the Labour Force and Child Labour Survey, once it is finalized. To the extent possible, all information provided should be disaggregated by age and sex.

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:

Article 2 of the Convention. 1. Scope of application. The Committee had previously noted that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It had further noted the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement was met with some difficulties. The Government therefore decided to take advantage of Article 2(4) of the Convention and initially specified a minimum age of 14 years for admission to employment or work. The Committee recalled 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, that Cambodia has committed to implement the Convention 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. The Committee requests the Government to indicate which national legislative provisions or measures ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

2. Age of completion of compulsory schooling. In its previous comments, the Committee had noted the information provided by the Government that “schooling is compulsory for nine years and primary and secondary schools are free” (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also noted that in its report to the Committee on the Rights of the Child (CRC/C/11/Add. 16, paragraph 190), the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observed that if children start school at 6 years of age, they will complete compulsory schooling at 15 years of age. The Committee noted the Government’s information that the minimum age for employment as provided for in the Labour Law (15 years), is the same as the age of completion of compulsory schooling in Cambodia. However, the Committee once again recalled that, at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The Committee also once again recalled that under Article 2(3) of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. Therefore, and in view of the Government’s indication that the enforcement of the provisions of the Labour Law concerning the minimum age for employment (15 years) is difficult, the Committee once again asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that, by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. The Committee had also noted that section 1(e) of the Labour Law excludes domestics and household servants from its application. The Committee once again requests the Government to supply information on the consultations which have taken place with the employers’ and workers’ organizations concerned on this exclusion of domestics and household servants under Article 4(1), of the Convention. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 7(2) and (3). Light work. The Committee had previously noted the Government’s indication that a draft PRAKAS to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work, was in preparation. The Committee had observed that this draft PRAKAS has been discussed in the child labour working group and the national subcommittee on child labour and would be issued after technical advice from the ILO. It noted that, according to the Summary Outline for the ILO/IPEC Action Programme “An Awareness and Advocacy Campaign Against Child Labour in Cambodia” of 1 January 2007, the PRAKAS defining light work for children aged 12 to 14 years is pending approval. The Committee once again requests the Government to provide a copy of the PRAKAS relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. Practical application of the Convention. In its previous comments, the Committee had noted that, in its concluding observations on the initial report of Cambodia (CRC/C/15/Add. 128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. The Committee noted that, according to the Summary Outline for the ILO/IPEC Action Programme “An Awareness and Advocacy Campaign Against Child Labour in Cambodia” of 1 January 2007, Cambodia has the largest proportion of economically active 10 to 14 year-olds in East and South-East Asia. The agricultural sector (agriculture, forestry, hunting and fishing) alone accounts for seven out of every ten child workers aged 5 to 17 years. The Committee noted the Government’s information that it has taken several national policies and programmes to protect underage children from working. Among others, the National Poverty Reduction Strategy (NPRS) and the 2003 Cambodian Millennium Development Goals (CMDG) contain specific child labour reduction targets. The CMDG document targets a reduction in the proportion of
5–17 year-old working children from 16.5 per cent in 1999, to 13 per cent in 2005, to 10.6 per cent in 2010, and to 8 per cent in 2015. Furthermore, the Government intends to provide access to quality education for all children through its Education for All National Plan (2003–15). While noting the Government’s various initiatives in this domain, the Committee must once again express its concern about the situation of young children in Cambodia who are compelled to work. The Committee therefore urges the Government to renew its efforts to improve the situation of child labour in Cambodia. It requests the Government to provide information on the impact of the CMDG, the NPRS and the Education for All National Plan on the elimination of child labour. Furthermore, the Committee once again requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

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

Article 2 of the Convention. 1. Scope of application. The Committee had previously noted that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It had further noted the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement was met with some difficulties. The Government therefore decided to take advantage of Article 2, paragraph 4, of the Convention and initially specified a minimum age of 14 years for admission to employment or work. The Committee recalled 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, that Cambodia has committed to implement the Convention 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. The Committee requests the Government to indicate which national legislative provisions or measures ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

2. Age of completion of compulsory schooling. In its previous comments, the Committee had noted the information provided by the Government that “schooling is compulsory for nine years and primary and secondary schools are free” (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also noted that in its report to the Committee on the Rights of the Child (CRC/C/11/Add. 16, paragraph 190), the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observed that if children start school at 6 years of age, they will complete compulsory schooling at 15 years of age. The Committee notes the Government’s information that the minimum age for employment as provided for in the Labour Law (15 years), is the same as the age of completion of compulsory schooling in Cambodia. However, the Committee once again recalls that, at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The Committee also once again recalls that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. Therefore, and in view of the Government’s indication that the enforcement of the provisions of the Labour Law concerning the minimum age for employment (15 years) is difficult, the Committee once again asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age.

Article 3, paragraphs 2 and 3. Determination of types of hazardous work and authorization to work from the age of 16 years. The Committee had previously noted the Government’s statement that section 177(2) of the Labour Law stipulates that the minimum allowable age for any kind of employment or work which, by its nature, could be hazardous to the health, safety or morality of an adolescent, is 18 years. This provision also provides that the types of employment or work which by their nature could be hazardous to the health, safety or morality of an adolescent shall be determined by ministerial order (PRAKAS) of the Ministry of Labour, in consultation with the Labour Advisory Committee. The Committee had noted that a draft PRAKAS on the prohibition of hazardous child labour was being elaborated with the technical assistance of the ILO.

The Committee notes with interest the Government’s information that, in consultation with the employers’ and workers’ organizations, the Ministry of Labour and Vocational Training adopted the PRAKAS on the Prohibition of Hazardous Child Labour of 28 April 2004. The Committee notes that the PRAKAS 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 offshore 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. The Committee further notes that the PRAKAS also provides that the Ministry of Social Affairs Labour, Vocational Training and Youth Rehabilitation (MoSALVY) may authorize the admission to hazardous work of persons who have reached 16 years of age. The PRAKAS also stipulates that the MoSALVY shall only act upon individual applications to allow the employment of children who have reached 16 years of age in hazardous work, and shall consult with the Labour Advisory Committee before issuing an authorization. Furthermore, the Committee notes that the authorization shall not be issued unless the Ministry is satisfied that the applicant employer will fully guarantee the health, safety and morals of the young person and provide specific and adequate training in the area for which the young person will be employed.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that, by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. The Committee had also noted that section 1(e) of the Labour Law excludes domestics and household servants from its application. The Committee once again requests the Government to supply information on the consultations which have taken place with the employers’ and workers’ organizations concerned on this exclusion of domestics and household servants under Article 4, paragraph 1, of the Convention. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 7, paragraphs 2 and 3. Light work. The Committee had previously noted the Government’s indication that a draft PRAKAS to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work, was in preparation. The Committee had observed that this draft PRAKAS has been discussed in the child labour working group and the national subcommittee on child labour and would be issued after technical advice from the ILO. It notes that, according to the Summary Outline for the ILO/IPEC Action Programme “An Awareness and Advocacy Campaign Against Child Labour in Cambodia” of 1 January 2007, the PRAKAS defining light work for children aged 12 to 14 years is pending approval. The Committee once again requests the Government to provide a copy of the PRAKAS relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. Practical application of the Convention. In its previous comments, the Committee had noted that, in its concluding observations on the initial report of Cambodia (CRC/C/15/Add. 128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. The Committee notes that, according to the Summary Outline for the ILO/IPEC Action Programme “An Awareness and Advocacy Campaign Against Child Labour in Cambodia” of 1 January 2007, Cambodia has the largest proportion of economically active 10 to 14 year olds in East and South-east Asia. The agricultural sector (agriculture, forestry, hunting and fishing) alone accounts for seven out of every ten child workers aged 5 to 17 years. The Committee notes the Government’s information that it has taken several national policies and programmes to protect underage children from working. Among others, the National Poverty Reduction Strategy (NPRS) and the 2003 Cambodian Millennium Development Goals (CMDG) contain specific child labour reduction targets. The CMDG document targets a reduction in the proportion of 5–17 year old working children from
16.5 per cent in 1999, to 13 per cent in 2005, to 10.6 per cent in 2010, and to
8 per cent in 2015. Furthermore, the Government intends to provide access to quality education for all children through its Education for All National Plan
(2003–15). While noting the Government’s various initiatives in this domain, the Committee must once again express its concern about the situation of young children in Cambodia who are compelled to work. The Committee therefore urges the Government to renew its efforts to improve the situation of child labour in Cambodia. It requests the Government to provide information on the impact of the CMDG, the NPRS and the Education for All National Plan on the elimination of child labour. Furthermore, the Committee once again requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Article 2 of the Convention. 1. Scope of application. The Committee noted that at the time of ratification the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). The Committee also noted the information provided by the Government that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It further noted the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement has met with some difficulties. The Government therefore decided to take advantage of Article 2, paragraph 4, of the Convention and initially specified a minimum age of 14 years. The Committee noted that before ratification, this issue was extensively discussed with representatives of all major trade unions and employers’ organizations. It nevertheless recalled that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee therefore once again requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

2. Age of completion of compulsory schooling. The Committee noted the information provided by the Government that “schooling is compulsory for nine years and primary and secondary schools are free” (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also noted that in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 190) the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observed that if a child starts school at 6 years of age, he/she will complete compulsory schooling at 15 years of age. It recalled that at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The minimum age for admission to work is then likely to be less than the age of completion of compulsory schooling. The Committee once again recalls that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. The Committee once again asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age. It also asks the Government to supply a copy of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education and of Royal Decree No. NS/RKT/0796/52 dated 26 July 1996.

Article 3. 1. Determination of types of hazardous work. The Committee noted the Government’s statement that section 177(2) of the Labour Law stipulates that the minimum allowable age for any kind of employment or work, which, by its nature, could be hazardous to the health, safety, or the morality of an adolescent, is 18 years. This provision also provides that the types of employment or work which by their nature could be hazardous to the health, safety, or the morality of an adolescent shall be determined by Ministerial Order (Prakas) of the Ministry of Labour, in consultation with the Labour Advisory Committee. The Committee noted with interest the information provided by the Government to the effect that a draft Prakas on the prohibition of hazardous child labour is being elaborated with the technical assistance of the ILO. In this regard, the Committee noted that the draft Prakas gives an extensive list of types of hazardous work, which could jeopardize the health, safety or morals of children under 18 years of age. It once again asks the Government to provide a copy of the Prakas determining types of hazardous work prohibited for children under 18 as soon as it is adopted.

2. Authorization to work from the age of 16 years. The Committee noted that under section 177(3) of the Labour Law, the Ministry of Labour can, after having consulted with the Labour Advisory Committee, authorize hazardous occupations or employment for adolescents aged 15 years and over on the condition that their health, safety or morality is fully guaranteed and that they can receive, in the corresponding area of activity, specific and adequate instruction or vocational training. The Committee recalled that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee noted that the draft Prakas on the Prohibition of Hazardous Child Labour provides that the Ministry of Social Affairs Labour, Vocational Training and Youth Rehabilitation (MoSALVY) may authorize the admission to hazardous work of persons who have attained 16 years of age. The draft Prakas also stipulates that MoSALVY shall only act upon individual applications to allow the employment of children who have attained 16 years of age in hazardous work, and shall consult with the Labour Advisory Committee before issuing an authorization. Furthermore, the Committee noted that the authorization shall not be issued unless the Ministry is satisfied that the applicant employer will fully guarantee the health, safety and morals of the young person and provide specific and adequate training in the area for which the young person will be employed. The Committee trusts that this draft Prakas will be adopted shortly and once again asks the Government to keep it informed in this regard.

Article 4. Exclusion of limited categories of employment or work. The Committee noted that by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. The Committee also noted the information provided by the Government that section 1(e) of the Labour Law excludes domestics and household servants from its application. The Committee once again requests the Government to supply information on the consultations which have taken place with the employers’ and workers’ organizations concerned on this exclusion of domestics and household servants under Article 4, paragraph 1, of the Convention. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 6. Apprenticeship. The Committee noted the information provided by the Government that Prakas No. 004 MoSALVY, fixing the organization and duration of apprenticeships, was issued on 5 January 2000 to implement section 62 of the Labour Law. It once again requests the Government to provide a copy of the Prakas relating to the organization and duration of apprenticeships.

Article 7, paragraphs 2 and 3. Light work. The Committee noted the Government’s information contained in the Government’s report that section 177(4) of the Labour Law permits light work for children from 12 to 15 years of age. The Committee noted with interest that subsection (4) of section 177 stipulates that children from 12 to 15 years of age can be hired to do light work provided that: (a) the work is not hazardous to their health or mental and physical development; (b) the work will not affect their regular school attendance, their participation in guidance programmes or vocational training approved by a competent authority. It also noted the Government’s indication that a draft Prakas to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work is in preparation. The Committee observed that this draft Prakas has been discussed in the child labour working group and the national subcommittee on child labour and will be issued after technical advice from the ILO. The Committee once again requests the Government to provide a copy of the Prakas relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. The Committee noted the information provided by the Government in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 238) that children have to work in order to help the family. Some children, having dropped out school, become beggars or scavengers picking over the rubbish dumps. According to investigations conducted by the Asian Development Bank (ADB), the United Nations Development Programme (UNDP) and the National Institute of the Ministry of Planning, only 2.4 per cent of children over 10 years old are not obliged to work (UNICEF report analysing the situation of children and women). The Committee also noted that in its concluding observations on the initial report of Cambodia (CRC/C/15/Add.128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. It also expressed is concern over the inefficient enforcement of existing labour laws. The Committee noted that there is currently an IPEC project on “Combating child labour in hazardous work in the salt production, rubber plantations, and fish/shrimp processing sectors in Cambodia”. It also noted that according to this project, the Government aims to reduce the labour force participation rate of children aged from 10–14 years from 8.3 per cent in recent years to 5.3 per cent in the targeted year 2005. Moreover, the recently developed national policy on non-formal education has included working children as one of its primary targets. The Committee also expressed its concern about the actual situation of young children in Cambodia who are compelled to work because of personal needs. It strongly encourages the Government to renew its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

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

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

Article 2 of the Convention. 1. Scope of application. The Committee noted that at the time of ratification the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). The Committee also noted the information provided by the Government that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It further noted the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement has met with some difficulties. The Government therefore decided to take advantage of Article 2, paragraph 4, of the Convention and initially specified a minimum age of 14 years. The Committee noted that before ratification, this issue was extensively discussed with representatives of all major trade unions and employers’ organizations. It nevertheless recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee therefore once again requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

2. Age of completion of compulsory schooling. The Committee noted the information provided by the Government that “schooling is compulsory for nine years and primary and secondary schools are free” (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also noted that in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 190) the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observed that if a child starts school at 6 years of age, he/she will complete compulsory schooling at 15 years of age. It recalled that at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The minimum age for admission to work is then likely to be less than the age of completion of compulsory schooling. The Committee once again recalls that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. The Committee once again asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age. It also asks the Government to supply a copy of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education and of Royal Decree No. NS/RKT/0796/52 dated 26 July 1996.

Article 3. 1. Determination of types of hazardous work. The Committee noted the Government’s statement that section 177(2) of the Labour Law stipulates that the minimum allowable age for any kind of employment or work, which, by its nature, could be hazardous to the health, safety, or the morality of an adolescent, is 18 years. This provision also provides that the types of employment or work which by their nature could be hazardous to the health, safety, or the morality of an adolescent shall be determined by Ministerial Order (Prakas) of the Ministry of Labour, in consultation with the Labour Advisory Committee. The Committee noted with interest the information provided by the Government to the effect that a draft Prakas on the prohibition of hazardous child labour is being elaborated with the technical assistance of the ILO. In this regard, the Committee noted that the draft Prakas gives an extensive list of types of hazardous work, which could jeopardize the health, safety or morals of children under 18 years of age. It once again asks the Government to provide a copy of the Prakas determining types of hazardous work prohibited for children under 18 as soon as it is adopted.

2. Authorization to work from the age of 16 years. The Committee noted that under section 177(3) of the Labour Law, the Ministry of Labour can, after having consulted with the Labour Advisory Committee, authorize hazardous occupations or employment for adolescents aged 15 years and over on the condition that their health, safety or morality is fully guaranteed and that they can receive, in the corresponding area of activity, specific and adequate instruction or vocational training. The Committee recalled that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee noted that the draft Prakas on the Prohibition of Hazardous Child Labour provides that the Ministry of Social Affairs Labour, Vocational Training and Youth Rehabilitation (MoSALVY) may authorize the admission to hazardous work of persons who have attained 16 years of age. The draft Prakas also stipulates that MoSALVY shall only act upon individual applications to allow the employment of children who have attained 16 years of age in hazardous work, and shall consult with the Labour Advisory Committee before issuing an authorization. Furthermore, the Committee noted that the authorization shall not be issued unless the Ministry is satisfied that the applicant employer will fully guarantee the health, safety and morals of the young person and provide specific and adequate training in the area for which the young person will be employed. The Committee trusts that this draft Prakas will be adopted shortly and once again asks the Government to keep it informed in this regard.

Article 4. Exclusion of limited categories of employment or work. The Committee noted that by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. The Committee also noted the information provided by the Government that section 1(e) of the Labour Law excludes domestics and household servants from its application. The Committee once again requests the Government to supply information on the consultations which have taken place with the employers’ and workers’ organizations concerned on this exclusion of domestics and household servants under Article 4, paragraph 1, of the Convention. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 6. Apprenticeship. The Committee noted the information provided by the Government that Prakas No. 004 MoSALVY, fixing the organization and duration of apprenticeships, was issued on 5 January 2000 to implement section 62 of the Labour Law. It once again requests the Government to provide a copy of the Prakas relating to the organization and duration of apprenticeships.

Article 7, paragraphs 2 and 3. Light work. The Committee noted the Government’s information contained in the Government’s report that section 177(4) of the Labour Law permits light work for children from 12 to 15 years of age. The Committee noted with interest that subsection (4) of section 177 stipulates that children from 12 to 15 years of age can be hired to do light work provided that: (a) the work is not hazardous to their health or mental and physical development; (b) the work will not affect their regular school attendance, their participation in guidance programmes or vocational training approved by a competent authority. It also noted the Government’s indication that a draft Prakas to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work is in preparation. The Committee observed that this draft Prakas has been discussed in the child labour working group and the national subcommittee on child labour and will be issued after technical advice from the ILO. The Committee once again requests the Government to provide a copy of the Prakas relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. The Committee noted the information provided by the Government in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 238) that children have to work in order to help the family. Some children, having dropped out school, become beggars or scavengers picking over the rubbish dumps. According to investigations conducted by the Asian Development Bank (ADB), the United Nations Development Programme (UNDP) and the National Institute of the Ministry of Planning, only 2.4 per cent of children over 10 years old are not obliged to work (UNICEF report analysing the situation of children and women). The Committee also noted that in its concluding observations on the initial report of Cambodia (CRC/C/15/Add.128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. It also expressed is concern over the inefficient enforcement of existing labour laws. The Committee noted that there is currently an IPEC project on “Combating child labour in hazardous work in the salt production, rubber plantations, and fish/shrimp processing sectors in Cambodia”. It also noted that according to this project, the Government aims to reduce the labour force participation rate of children aged from 10-14 years from 8.3 per cent in recent years to 5.3 per cent in the targeted year 2005. Moreover, the recently developed national policy on non-formal education has included working children as one of its primary targets. The Committee also expresses its concern about the actual situation of young children in Cambodia who are compelled to work because of personal needs. It strongly encourages the Government to renew its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 2 of the Convention. 1. Scope of application. The Committee noted that at the time of ratification the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). The Committee also noted the information provided by the Government that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It further noted the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement has met with some difficulties. The Government therefore decided to take advantage of Article 2, paragraph 4, of the Convention and initially specified a minimum age of 14 years. The Committee noted that before ratification, this issue was extensively discussed with representatives of all major trade unions and employers’ organizations. It nevertheless recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee therefore once again requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

The Committee also noted that by virtue of section 1(d), the Labour Law does not apply to personnel serving in the air and maritime transportation, who are governed by a special legislation. It requests the Government to communicate information on applicable legal provisions on the minimum age regarding personnel serving in the air and maritime transportation and to provide a copy thereof.

2. Age of completion of compulsory schooling. The Committee noted the information provided by the Government that "schooling is compulsory for nine years and primary and secondary schools are free" (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also noted that in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 190) the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observed that if a child starts school at 6 years of age, he/she will complete compulsory schooling at 15 years of age. It recalled that at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The minimum age for admission to work is then likely to be less than the age of completion of compulsory schooling. The Committee once again recalls that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. The Committee once again asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age. It also asks the Government to supply a copy of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education and of Royal Decree No. NS/RKT/0796/52 dated 26 July 1996.

3. Reason to specify a minimum age of 14 years. The Committee noted the information provided by the Government that before ratification, the issue of initially specifying a minimum age of 14 years was discussed in 1998 with experts from the ILO and members of Parliament. Moreover, a national tripartite workshop was held before ratification in early 1999, during which the issue was discussed with representatives of all major trade unions and employers’ organizations, in conformity with Article 2, paragraph 4, of the Convention. The Committee once again draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3. 1. Determination of types of hazardous work. The Committee noted the Government’s statement that section 177(2) of the Labour Law stipulates that the minimum allowable age for any kind of employment or work, which, by its nature, could be hazardous to the health, safety, or the morality of an adolescent, is 18 years. This provision also provides that the types of employment or work which by their nature could be hazardous to the health, safety, or the morality of an adolescent shall be determined by Ministerial Order (Prakas) of the Ministry of Labour, in consultation with the Labour Advisory Committee. The Committee noted with interest the information provided by the Government to the effect that a draft Prakas on the prohibition of hazardous child labour is being elaborated with the technical assistance of the ILO. In this regard, the Committee noted that the draft Prakas gives an extensive list of types of hazardous work, which could jeopardize the health, safety or morals of children under 18 years of age. It once again asks the Government to provide a copy of the Prakas determining types of hazardous work prohibited for children under 18 as soon as it is adopted.

2. Authorization to work from the age of 16 years. The Committee noted that under section 177(3) of the Labour Law, the Ministry of Labour can, after having consulted with the Labour Advisory Committee, authorize hazardous occupations or employment for adolescents aged 15 years and over on the condition that their health, safety or morality is fully guaranteed and that they can receive, in the corresponding area of activity, specific and adequate instruction or vocational training. The Committee recalled that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee noted that the draft Prakas on the Prohibition of Hazardous Child Labour provides that the Ministry of Social Affairs Labour, Vocational Training and Youth Rehabilitation (MoSALVY) may authorize the admission to hazardous work of persons who have attained 16 years of age. The draft Prakas also stipulates that MoSALVY shall only act upon individual applications to allow the employment of children who have attained 16 years of age in hazardous work, and shall consult with the Labour Advisory Committee before issuing an authorization. Furthermore, the Committee noted that the authorization shall not be issued unless the Ministry is satisfied that the applicant employer will fully guarantee the health, safety and morals of the young person and provide specific and adequate training in the area for which the young person will be employed. The Committee trusts that this draft Prakas will be adopted shortly and once again asks the Government to keep it informed in this regard.

Article 4. Exclusion of limited categories of employment or work. The Committee noted that by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. The Committee also noted the information provided by the Government that section 1(e) of the Labour Law excludes domestics and household servants from its application. The Committee once again requests the Government to supply information on the consultations which have taken place with the employers’ and workers’ organizations concerned on this exclusion of domestics and household servants under Article 4, paragraph 1, of the Convention. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 6. Apprenticeship. The Committee noted the information provided by the Government that Prakas No. 004 MoSALVY, fixing the organization and duration of apprenticeships, was issued on 5 January 2000 to implement section 62 of the Labour Law. It once again requests the Government to provide a copy of the Prakas relating to the organization and duration of apprenticeships.

Article 7, paragraphs 2 and 3. Light work. The Committee noted the Government’s information contained in the Government’s report that section 177(4) of the Labour Law permits light work for children from 12 to 15 years of age. The Committee noted with interest that subsection (4) of section 177 stipulates that children from 12 to 15 years of age can be hired to do light work provided that: (a) the work is not hazardous to their health or mental and physical development; (b) the work will not affect their regular school attendance, their participation in guidance programmes or vocational training approved by a competent authority. It also noted the Government’s indication that a draft Prakas to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work is in preparation. The Committee observed that this draft Prakas has been discussed in the child labour working group and the national subcommittee on child labour and will be issued after technical advice from the ILO. The Committee once again requests the Government to provide a copy of the Prakas relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. The Committee noted the information provided by the Government in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 238) that children have to work in order to help the family. Some children, having dropped out school, become beggars or scavengers picking over the rubbish dumps. According to investigations conducted by the Asian Development Bank (ADB), the United Nations Development Programme (UNDP) and the National Institute of the Ministry of Planning, only 2.4 per cent of children over 10 years old are not obliged to work (UNICEF report analysing the situation of children and women). The Committee also noted that in its concluding observations on the initial report of Cambodia (CRC/C/15/Add.128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. It also expressed is concern over the inefficient enforcement of existing labour laws. The Committee noted that there is currently an IPEC project on "Combating child labour in hazardous work in the salt production, rubber plantations, and fish/shrimp processing sectors in Cambodia". It also noted that according to this project, the Government aims to reduce the labour force participation rate of children aged from 10-14 years from 8.3 per cent in recent years to 5.3 per cent in the targeted year 2005. Moreover, the recently developed national policy on non-formal education has included working children as one of its primary targets. The Committee also expresses its concern about the actual situation of young children in Cambodia who are compelled to work because of personal needs. It strongly encourages the Government to renew its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

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

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

Article 2 of the Convention. 1. Scope of application. The Committee noted that at the time of ratification the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). The Committee also noted the information provided by the Government that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It further noted the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement has met with some difficulties. The Government therefore decided to take advantage of Article 2, paragraph 4, of the Convention and initially specified a minimum age of 14 years. The Committee noted that before ratification, this issue was extensively discussed with representatives of all major trade unions and employers’ organizations. It nevertheless recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee therefore once again requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

The Committee also noted that by virtue of section 1(d), the Labour Law does not apply to personnel serving in the air and maritime transportation, who are governed by a special legislation. It requests the Government to communicate information on applicable legal provisions on the minimum age regarding personnel serving in the air and maritime transportation and to provide a copy thereof.

2. Age of completion of compulsory schooling. The Committee noted the information provided by the Government that "schooling is compulsory for nine years and primary and secondary schools are free" (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also noted that in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 190) the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observed that if a child starts school at 6 years of age, he/she will complete compulsory schooling at 15 years of age. It recalled that at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The minimum age for admission to work is then likely to be less than the age of completion of compulsory schooling. The Committee once again recalls that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. The Committee once again asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age. It also asks the Government to supply a copy of State Council Decree-Law No. 30 dated 20  November 1986 relating to general education and of Royal Decree No. NS/RKT/0796/52 dated 26 July 1996.

3. Reason to specify a minimum age of 14 years. The Committee noted the information provided by the Government that before ratification, the issue of initially specifying a minimum age of 14 years was discussed in 1998 with experts from the ILO and members of Parliament. Moreover, a national tripartite workshop was held before ratification in early 1999, during which the issue was discussed with representatives of all major trade unions and employers’ organizations, in conformity with Article 2, paragraph 4, of the Convention. The Committee once again draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3. 1. Determination of types of hazardous work. The Committee noted the Government’s statement that section 177(2) of the Labour Law stipulates that the minimum allowable age for any kind of employment or work, which, by its nature, could be hazardous to the health, safety, or the morality of an adolescent, is 18 years. This provision also provides that the types of employment or work which by their nature could be hazardous to the health, safety, or the morality of an adolescent shall be determined by Ministerial Order (Prakas) of the Ministry of Labour, in consultation with the Labour Advisory Committee. The Committee noted with interest the information provided by the Government to the effect that a draft Prakas on the prohibition of hazardous child labour is being elaborated with the technical assistance of the ILO. In this regard, the Committee noted that the draft Prakas gives an extensive list of types of hazardous work, which could jeopardize the health, safety or morals of children under 18 years of age. It once again asks the Government to provide a copy of the Prakas determining types of hazardous work prohibited for children under 18 as soon as it is adopted.

2. Authorization to work from the age of 16 years. The Committee noted that under section 177(3) of the Labour Law, the Ministry of Labour can, after having consulted with the Labour Advisory Committee, authorize hazardous occupations or employment for adolescents aged 15 years and over on the condition that their health, safety or morality is fully guaranteed and that they can receive, in the corresponding area of activity, specific and adequate instruction or vocational training. The Committee recalled that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee noted that the draft Prakas on the Prohibition of Hazardous Child Labour provides that the Ministry of Social Affairs Labour, Vocational Training and Youth Rehabilitation (MoSALVY) may authorize the admission to hazardous work of persons who have attained 16 years of age. The draft Prakas also stipulates that MoSALVY shall only act upon individual applications to allow the employment of children who have attained 16 years of age in hazardous work, and shall consult with the Labour Advisory Committee before issuing an authorization. Furthermore, the Committee noted that the authorization shall not be issued unless the Ministry is satisfied that the applicant employer will fully guarantee the health, safety and morals of the young person and provide specific and adequate training in the area for which the young person will be employed. The Committee trusts that this draft Prakas will be adopted shortly and once again asks the Government to keep it informed in this regard.

Article 4. Exclusion of limited categories of employment or work. The Committee noted that by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. The Committee also noted the information provided by the Government that section 1(e) of the Labour Law excludes domestics and household servants from its application. The Committee once again requests the Government to supply information on the consultations which have taken place with the employers’ and workers’ organizations concerned on this exclusion of domestics and household servants under Article 4, paragraph 1, of the Convention. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 6. Apprenticeship. The Committee noted the information provided by the Government that Prakas No. 004 MoSALVY, fixing the organization and duration of apprenticeships, was issued on 5 January 2000 to implement section 62 of the Labour Law. It once again requests the Government to provide a copy of the Prakas relating to the organization and duration of apprenticeships.

Article 7, paragraphs 2 and 3. Light work. The Committee noted the Government’s information contained in the Government’s report that section 177(4) of the Labour Law permits light work for children from 12 to 15 years of age. The Committee noted with interest that subsection (4) of section 177 stipulates that children from 12 to 15 years of age can be hired to do light work provided that: (a) the work is not hazardous to their health or mental and physical development; (b) the work will not affect their regular school attendance, their participation in guidance programmes or vocational training approved by a competent authority. It also noted the Government’s indication that a draft Prakas to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work is in preparation. The Committee observed that this draft Prakas has been discussed in the child labour working group and the national subcommittee on child labour and will be issued after technical advice from the ILO. The Committee once again requests the Government to provide a copy of the Prakas relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. The Committee noted the information provided by the Government in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 238) that children have to work in order to help the family. Some children, having dropped out school, become beggars or scavengers picking over the rubbish dumps. According to investigations conducted by the Asian Development Bank (ADB), the United Nations Development Programme (UNDP) and the National Institute of the Ministry of Planning, only 2.4 per cent of children over 10 years old are not obliged to work (UNICEF report analysing the situation of children and women). The Committee also noted that in its concluding observations on the initial report of Cambodia (CRC/C/15/Add.128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. It also expressed is concern over the inefficient enforcement of existing labour laws. The Committee noted that there is currently an IPEC project on "Combating child labour in hazardous work in the salt production, rubber plantations, and fish/shrimp processing sectors in Cambodia". It also noted that according to this project, the Government aims to reduce the labour force participation rate of children aged from 10-14 years from 8.3 per cent in recent years to 5.3 per cent in the targeted year 2005. Moreover, the recently developed national policy on non-formal education has included working children as one of its primary targets. The Committee also expresses its concern about the actual situation of young children in Cambodia who are compelled to work because of personal needs. It strongly encourages the Government to renew its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first report. It notes with interest that Cambodia signed a Memorandum of Understanding (MOU) with ILO/IPEC in May 1997 and a second MOU in January 2003 aimed at combating the worst forms of child labour.

Article 2 of the Convention. 1. Scope of application. The Committee notes that at the time of ratification the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). The Committee notes the information provided by the Government that section 177(1) of the Labour Law of 1997 sets the minimum age of wage employment at 15 years. It further notes the Government’s statement that this provision only applies to wage employment and it was found that with the present state of the Cambodian economy and administration, its enforcement has met with some difficulties. The Government therefore decided to take advantage of Article 2, paragraph 4, of the Convention and initially specified a minimum age of 14 years. The Committee notes that before ratification, this issue was extensively discussed with representatives of all major trade unions and employers’ organizations. It nevertheless recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

The Committee also notes that by virtue of section 1(d), the Labour Law does not apply to personnel serving in the air and maritime transportation, who are governed by a special legislation. It requests the Government to communicate information on applicable legal provisions on the minimum age regarding personnel serving in the air and maritime transportation and to provide a copy thereof.

2. Age of completion of compulsory schooling. The Committee notes the information provided by the Government in its report that "schooling is compulsory for nine years and primary and secondary schools are free" (article 68 of the Constitution and Royal Decree No. NS/RKT/0796/52 dated 26 July 1996). It also notes that in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 190) the Government indicated that children from the age of 6 shall be accepted in primary education establishments (Chapter 2, article 3, of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education). The Committee observes that if a child starts school at 6 years of age, he/she will complete compulsory schooling at 15 years of age. It recalls that at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work. The minimum age for admission to work is then likely to be less than the age of completion of compulsory schooling. The Committee recalls that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the age of completion of compulsory schooling. The Committee asks the Government to consider modifying the legislation to the effect that children who are still undergoing compulsory education may not be admitted to employment regardless of their age. It also asks the Government to supply a copy of State Council Decree-Law No. 30 dated 20 November 1986 relating to general education and of Royal Decree No. NS/RKT/0796/52 dated 26 July 1996.

3. Reason to specify a minimum age of 14 years. The Committee notes the information provided by the Government in its report that before ratification, the issue of initially specifying a minimum age of 14 years was discussed in 1998 with experts from the ILO and members of Parliament. Moreover, a national tripartite workshop was held before ratification in early 1999, during which the issue was discussed with representatives of all major trade unions and employers’ organizations, in conformity with Article 2, paragraph 4, of the Convention. The Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3. 1. Determination of types of hazardous work. The Committee notes the Government’s statement that section 177(2) of the Labour Law stipulates that the minimum allowable age for any kind of employment or work, which, by its nature, could be hazardous to the health, safety, or the morality of an adolescent, is 18 years. This provision also provides that the types of employment or work which by their nature could be hazardous to the health, safety, or the morality of an adolescent shall be determined by Ministerial Order (Prakas) of the Ministry of Labour, in consultation with the Labour Advisory Committee. The Committee notes with interest the information provided by the Government to the effect that a draft Prakas on the prohibition of hazardous child labour is being elaborated with the technical assistance of the ILO. In this regard, the Committee notes that the draft Prakas gives an extensive list of types of hazardous work, which could jeopardize the health, safety or morals of children under 18 years of age. It asks the Government to provide a copy of the Prakas determining types of hazardous work prohibited for children under 18 as soon as it is adopted.

2. Authorization to work from the age of 16 years. The Committee notes that under section 177(3) of the Labour Law, the Ministry of Labour can, after having consulted with the Labour Advisory Committee, authorize hazardous occupations or employment for adolescents aged 15 years and over on the condition that their health, safety or morality is fully guaranteed and that they can receive, in the corresponding area of activity, specific and adequate instruction or vocational training. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on the condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee notes that the draft Prakas on the Prohibition of Hazardous Child Labour provides that the Ministry of Social Affairs Labour, Vocational Training and Youth Rehabilitation (MoSALVY) may authorize the admission to hazardous work of persons who have attained 16 years of age. The draft Prakas also stipulates that MoSALVY shall only act upon individual applications to allow the employment of children who have attained 16 years of age in hazardous work, and shall consult with the Labour Advisory Committee before issuing an authorization. Furthermore, the Committee notes that the authorization shall not be issued unless the Ministry is satisfied that the applicant employer will fully guarantee the health, safety and morals of the young person and provide specific and adequate training in the area for which the young person will be employed. The Committee trusts that this draft Prakas will be adopted shortly and asks the Government to keep it informed in this regard.

Article 4. The Committee notes that by virtue of section 1(e), the Labour Law does not apply to domestics or household servants who are defined as workers who are engaged to take care of the homeowner or of the owner’s property in return for remuneration. The Committee also notes the information provided by the Government that section 1(e) of the Labour Law excludes domestics and household servants from its application. The Committee requests the Government to supply information on the consultations which have taken place with the employers’ and workers’ organizations concerned on this exclusion of domestics and household servants under Article 4, paragraph 1, of the Convention. It also requests the Government to state the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work.

Article 6. The Committee notes the information provided by the Government in its report that Prakas No. 004 MoSALVY, fixing the organization and duration of apprenticeships, was issued on 5 January 2000 to implement section 62 of the Labour Law. It requests the Government to provide a copy of the Prakas relating to the organization and duration of apprenticeships.

Article 7, paragraphs 2 and 3. The Committee notes the information contained in the Government’s report that section 177(4) of the Labour Law permits light work for children from 12 to 15 years of age. The Committee notes with interest that subsection (4) of section 177 stipulates that children from 12 to 15 years of age can be hired to do light work provided that: (a) the work is not hazardous to their health or mental and physical development; (b) the work will not affect their regular school attendance, their participation in guidance programmes or vocational training approved by a competent authority. It also notes the Government’s indication that a draft Prakas to determine the types of light work and to establish the working conditions, particularly the maximum number of hours of work is in preparation. The Committee observes that this draft Prakas has been discussed in the child labour working group and the national subcommittee on child labour and will be issued after technical advice from the ILO. The Committee requests the Government to provide a copy of the Prakas relating to light work as soon as it is adopted.

Article 1 and Part V of the report form. The Committee notes the information provided by the Government in its report to the Committee on the Rights of the Child (CRC/C/11/Add.16, paragraph 238) that children have to work in order to help the family. Some children, having dropped out school, become beggars or scavengers picking over the rubbish dumps. According to investigations conducted by the Asian Development Bank (ADB), the United Nations Development Programme (UNDP) and the National Institute of the Ministry of Planning, only 2.4 per cent of children over 10 years old are not obliged to work (UNICEF report analysing the situation of children and women). The Committee also notes that in its concluding observations on the initial report of Cambodia (CRC/C/15/Add.128, paragraphs 61 and 62), the Committee on the Rights of the Child expressed its concern about the large number of working children, including in the informal sector, in agriculture and in the family context. It also expressed is concern over the inefficient enforcement of existing labour laws. The Committee notes that there is currently an IPEC project on "Combating child labour in hazardous work in the salt production, rubber plantations, and fish/shrimp processing sectors in Cambodia". Its also notes that according to this project, the Government aims to reduce the labour force participation rate of children aged from 10-14 years from 8.3 per cent in recent years to 5.3 per cent in the targeted year 2005. Moreover, the recently developed national policy on non-formal education has included working children as one of its primary targets. The Committee also expresses its concern about the actual situation of young children in Cambodia who are compelled to work because of personal needs. It strongly encourages the Government to redouble its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the manner in which the Convention is applied in practice, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.