Minimum Age Convention, 1973 (No. 138) - Kazakhstan (Ratification: 2001)

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

Previous comment

Article 1 of the Convention. National policy on the effective elimination of child labour. The Committee notes the information provided by the Government, in its report, concerning the adoption and implementation of the Action Plan for the Elimination of Child Labour for 2020–22. The Government also refers to the general agreement for 2021–23 concluded by the Government and the workers’ and employers’ organizations, which includes the provisions to respect and promote the implementation of the national policy on the elimination of child labour. The Government also indicates that in 2022, during the annual National Information Campaign “12 days against child labour” more than 14,000 awareness-raising activities were undertaken which reached around 900,000 children and 420,000 adults. The Committee further observes, from the Government website, the adoption of a new Action Plan for the Elimination of Child Labour for 2022–24. Taking due note of the measures taken, the Committee requests the Government to pursue its efforts to eliminate child labour in all sectors and to continue to provide information in this respect. The Committee also requests the Government to provide information on the implementation of the Action Plan for the Elimination of Child Labour for 2022–24, and the results achieved.

Article 7(3).Determination of light work. The Committee notes that according to section 31(2) of the Labour Code, an employment contract may be concluded with children who have reached the age of 14 to perform work that is not harmful to their health and does not disrupt their learning process during their free time. As per section 69 of the Labour Code, working time for workers between the ages of 14 and 16 shall not be more than 24 hours per week. The Committee further notes that the Action Plan for the Elimination of Child Labour for 2020–22 envisages the establishment of a list of light work activities permitted to children from 14 to 16 years of age in their free time from study. Recalling that pursuant to Article 7(3) of the Convention, the competent authority shall determine the types of light work permitted to children and shall prescribe the conditions in which such employment or work may be undertaken, the Committee requests the Government to provide information on the elaboration of the list of types of work activities permitted to children from 14 to 16 years of age and to provide a copy of such a list once adopted.

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

Previous comment

The Committee notes the observations of the Trade Union of Workers in the Fuel and Energy Complex, received on 31 August 2022.

Labour inspection and application of the Convention in practice. The Committee notes the Government’s indication, in its report, that in 2021, nine cases of the use of child labour involving 29 children were identified. The Government further indicates that children involved in child labour usually work as sellers, waiters and at car wash stations. In addition, the Government indicates that in 2022, more than 7,000 raids were carried out during the annual National Information Campaign “12 days against child labour”.

The Committee notes from the observations of the Trade Union of Workers in the Fuel and Energy Complex that despite the prohibition in law, child labour continues to exist in practice, particularly due to the lack of effective coordination between state agencies and insufficient trainings of the relevant bodies. The Trade Union of Workers in the Fuel and Energy Complex also refers to the findings of a sociological survey undertaken in the Pavlodar region of Kazakhstan, according to which 50 out of 76 respondents aged 12 years and above were engaged in employment.

The Committee further observes that in its detailed comments made in relation to the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), it had noted various limitations and restrictions of labour inspections, including the introduction of a temporary moratorium on labour inspections, which applies to private and state-owned enterprises belonging to the categories of small and micro-enterprises. The Committee urges the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to adequately monitor and detect cases of child labour in the country. The Committee requests the Government to provide information in this respect as well as on the number of inspections on child labour carried out by state labour inspectors as well as by other agencies, and on the number and nature of violations detected and penalties imposed in this regard.

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

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

Article 1 of the Convention. National policy on the effective elimination of child labour. The Committee previously noted the Government’s information on the various measures taken to combat child labour, such as: (i) the “Road to School” initiative, which was designed to reach all school-age children and to provide assistance and material support to socially disadvantaged children, was extended to all regions; (ii) programmes, including training, seminars and awareness-raising activities against child labour, were conducted under the National Information Campaign initiatives; and (iii) several programmes were implemented in 2014 within the new social policy on improving children’s quality of life, especially those from low-income families. However, the Committee noted that, in its concluding observations of 2015, the United Nations Committee on the Rights of the Child (CRC) expressed concern about the reports of child labour in vegetable plantations, in car washing, and places of entertainment and trade.

The Committee notes the Government’s information in its report that the Action Plan for the Elimination of Child Labour for 2016–17 was approved by Order of the Ministry of Health and Social Development No. 384 of 17 May 2016. The Government also indicates that the National Information Campaign “12 days against child labour” is run annually from 1 to 12 June. A large number of awareness-raising activities, such as conferences, training sessions and seminars, reached around 2 million children and 300,000 adults. The Committee requests the Government to continue to provide information on the measures taken in this regard to eliminate child labour in all sectors. Noting that the Action Plan for the Elimination of Child Labour for 2016–17 has ended, the Committee requests the Government to indicate whether it envisages to adopt a new action plan.

Labour inspection and the application of the Convention in practice. The Committee previously noted that amendments were introduced to the Labour Code and to the Act on state supervision and monitoring, in 2015, with the aim of increasing the efficiency and effectiveness of the work of state labour inspectors in taking preventive and warning measures against child labour and its worst forms. The Committee also noted the information provided by the Government with regard to the inspections conducted by the state labour inspectorate and various other agencies, such as education authorities together with representatives from the agencies of internal affairs and health care, civil society organizations, children’s and young people’s organizations and parents’ groups, to detect child labour. Accordingly, in 2014, a total of 4,062 inspections were conducted in 4,557 premises, during which 6,837 minors were detected as engaged in economic activities. Out of these, 185 minors were engaged in child labour.

The Committee notes the Government’s information that, in 2016, state labour inspectors identified 75 cases of child labour, while 20 cases were identified in 2017. The Committee also notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that, within the framework of a nationwide employment campaign carried out in 2018, several violations of labour legislation concerning children were detected, including 14 cases of employment at entertainment venues, two in agriculture and 18 at other places. The Government indicates that child labour mostly occurs in the service, retail and agricultural sectors. It also states that, in order to identify child labour, inspections are carried out without notice while, in other cases, employers shall be informed of scheduled inspections 30 calendar days in advance. Moreover, mobile squads were set up in all regions, consisting of internal affairs officers, officials from local administrations, state labour inspectors, health professionals, youth workers and psychologists. The Committee requests the Government to continue its efforts to effectively monitor and combat child labour in the country, including in the informal economy. In this regard, it requests the Government to continue to provide information on the measures taken to increase the efficiency and effectiveness of the state labour inspectorate. The Committee also requests the Government to continue to provide information on the number of inspections on child labour carried out by state labour inspectors as well as by other agencies, and on the number of violations detected and penalties imposed in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. National policy on the effective elimination of child labour. Following its previous comments, the Committee notes the following information provided by the Government in its report on the various measures taken to combat child labour:

• -the “Road to School” initiative, which was designed to reach all school-age children and to provide assistance and material support to socially disadvantaged children, was extended to all regions. Overall, this initiative reached 486,948 children in 2014;
• -programmes, including training, seminars and awareness-raising programmes against child labour, were conducted under the National Information Campaign Initiatives, which covered around 1.4 million children;
• -several programmes were implemented in 2014 within the new social policy on improving children’s quality of life, set out in the Kazakhstan 2050 Strategy, which covered 186,948 children (an increase by 18 per cent covered in 2013) from low-income families who received assistance and sponsorship totalling an amount of 861,239,000 Kazakhistani tenge (KZT) (approximately US$2,543,413).

However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 30 October 2015, expressed concern about the reports of child labour in vegetable plantations, in car washing, and places of entertainment and trade (CRC/C/KAZ/CO/4, paragraph 56). While taking due note of the measures taken by the Government, the Committee encourages the Government to strengthen its efforts to eliminate child labour in all sectors and requests that it continue to provide information on the measures taken in this regard.

Labour inspection and the application of the Convention in practice. General application. In its previous comments, the Committee noted the Government’s information that along with state monitoring, there was also public monitoring of labour law in the enterprises or organizations by the public safety and health inspector appointed by the trade union committee of the enterprise/organizations. It also noted the various measures taken by the Government to monitor and combat child labour, including through cooperation with ILO–IPEC.

The Committee notes the Government’s information that amendments were introduced to the Labour Code and to the Act on state supervision and monitoring, in 2015, with the aim of increasing the efficiency and effectiveness of the work of state labour inspectors in taking preventive and warning measures against child labour and its worst forms. The Committee also notes the information provided by the Government with regard to the inspections conducted by the state labour inspectorate and various other agencies, such as education authorities together with representatives from the agencies of internal affairs and health care, civil society organizations, children’s and young people’s organizations and parents group, to detect child labour. Accordingly, in 2014, a total of 4,062 inspections were conducted in 4,557 premises (including markets, petrol stations and construction sites) during which, 6,837 minors were detected as engaged in economic activities. Out of these, 185 minors were engaged in child labour. The Committee encourages the Government to continue its efforts to effectively monitor and combat child labour in the country, including in the informal economy. In this regard, it requests that the Government provide information on the measures taken to increase the efficiency and effectiveness of the state labour inspectorate, pursuant to amendments to the Labour Code and the Act on state supervision and monitoring. The Committee also requests that the Government continue to provide information on the number of inspections on child labour carried out by the state labour inspectors as well as by other agencies and on the number of violations detected and penalties imposed in this regard.

Tobacco and cotton plantations. With regard to the issue related to child labour on tobacco and cotton plantations, the Committee requests that the Government refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy on the effective elimination of child labour. Following its previous comments, the Committee notes the Government’s information in its report under Worst Forms of Child Labour Convention, 1999 (No. 182), that the National Information Campaign (NIC) entitled “12 Days of Fight Against Child Labour” for the year 2013 was conducted in June 2013 under the slogan “No to child labour in the household”. The Committee notes the Government’s information that the measures undertaken within the scope of the NIC in 2013 covered more than 1.2 million children and over 200,000 adults. Moreover, the Committee notes that the various measures undertaken by the “Road to School Initiative” in 2012 which was supported by state authorities and big national companies and which covered 284,900 children from impoverished families who received assistance totalling more than 1.7 billion Kazakhstani tenge (KZT) (approximately US$1,113,900).

The Committee further notes from the Government’s report that a National Plan of Action (NAP) for 2012–14 has been adopted and is being carried out. This NAP provides measures for conducting joint investigations of the activities of legal persons and individual entrepreneurs in the harvesting, receiving and processing of cotton and tobacco, in order to prevent the illegal labour migration and exploitation of child labour as well as measures for checking on the attendance of children at general education schools during the harvest period of cotton and tobacco. The Committee requests the Government to provide information on the implementation of the NAP and on the results achieved in terms of eliminating child labour in the cotton and tobacco sector.

Article 2(1). Scope of application. Children working in the informal economy. In its previous comments, the Committee had noted that, by virtue of sections 9(2) and 1(59) of the Labour Code of 2007 (and its provisions regulating the minimum age for admission to work) applies only to persons working within the context of an employment relationship. It had also noted the Government’s indication that investigations of cases of child labour revealed the prevalence of child labour in several sectors, including activities in the informal economy such as work in city markets and in car washes. In this regard, the Committee had encouraged the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy.

The Committee notes from the Government’s report under Convention No. 182 that according to the inspections carried out by the Procurator’s Office in 2012 in Maktaaral District in South Kazakhstan, 39 cases of child labour were detected in cotton plantations, eight cases of child labour in the tobacco plantations in the Karatal district, while two cases of child labour were detected in car wash services in Uralsk district. In all these cases, a total of 16 people were held administratively liable for violations of the provisions of the Labour Code. The Committee encourages the Government to continue taking measures to monitor child labour in the informal economy. It requests the Government to continue providing information on the number of violations detected with regard to child labour in the informal economy.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Labour inspection and the application of the Convention in practice. General application. The Committee noted the Government’s indication that in the course of inspections carried out as part of a nationwide campaign against child labour, it was revealed that child labour was used in car washes (in wet and cold conditions); in city markets (in the transport of goods in handcarts and in unloading goods); in private retail outlets; in agriculture; and as attendants in petrol stations, including at night. The Committee also noted that the Committee on Economic and Social Rights (CESCR), in its concluding observations of 7 June 2010, expressed concern regarding the persistence of child labour in the country (E/C.12/KAZ/CO/1, paragraph 27).

The Committee notes the Government’s information that along with state monitoring, there is also public monitoring of labour law in the enterprises or organizations by the public safety and health inspector appointed by the trade union committee of the enterprise/organizations. In this regard, the Committee notes from the ILO–IPEC project report of June 2013 on Combating Child Labour in Central Asia (PROACT CAR Phase III) that a training project on child labour and its monitoring concepts as well as mainstreaming child labour into the education sector was conducted in Astana City and Akmola region in 2012 and in Shymkent City in April 2013. The Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within this project, seven training sessions were held which were attended by 133 people, including employers, entrepreneurs, trade union members as well as teachers. The Committee also notes from the ILO–IPEC project report of June 2013 that a programme was implemented in Kazakhstan from 16 May to 15 August 2013 which undertook a public awareness-raising campaign in 14 regions, during which 76 children were identified as involved in hazardous child labour including at markets (35), as waiters (31), at car wash stations (eight) and at gasoline stations (two), while 14 employers were made administratively liable for the violation of the Labour Code. The Committee strongly encourages the Government to strengthen its efforts, in collaboration with the ILO–IPEC, to effectively monitor and combat child labour in the country. The Committee further requests the Government to provide information on the number of inspections on child labour carried out by the state labour inspectors as well as by the public safety and health inspectors, and on the number of violations detected and penalties imposed in this regard.

Tobacco and cotton plantations. The Committee previously noted the Government’s statement that it was prohibited to employ minors on tobacco and cotton plantations, and that the List of Works in which it is prohibited to employ workers under the age of 18 (of June 2007) includes both work in cotton and tobacco. However, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 June 2007, expressed concern at the large number of children engaged in labour within the tobacco and cotton industries (CRC/C/KAZ/CO/3, paragraph 63). It also noted that the CESCR, in its concluding observations of 7 June 2010, expressed concern about child labour in Kazakhstan performed by children of migrant workers in tobacco and cotton farms, and that these children did not attend school during farming periods (E/C.12/KAZ/CO/1, paragraph 27). Moreover, the Committee noted that the Human Rights Committee, in its concluding observations of 19 August 2011, expressed regret at the increase in the number of children employed in cotton and tobacco fields (CCPR/C/KAZ/CO/1, paragraph 16).

The Committee notes from the Government’s report under Convention No. 182 that a Social Centre for Prevention and Preclusion of the Worst Forms of Child Labour which has been operating in the Almaty Province since 2008, has implemented a project entitled “Prevention of the use of child labour” in conjunction with the NGO Karlygash and TOO Philip Morris Kazakhstan. Within the framework of this project, the following components were implemented for children living in the rural population, including children of migrant workers:

• – the provision of supplementary education, acquisition of computer skills, development of handicraft skills, sports, and arts;
• – the provision of occupational training to 14 children in 2011, and 28 children in 2012;
• – the provision of material assistance and school accessories to 150 children; and
• – organization of quality leisure time in order to prevent the use of children in harvesting tobacco. For example, every year, the company Philip Morris Kazakhstan organizes summer holidays for children of migrant workers. From 2010 to 2012, a total of 594 children participated in the summer holiday programmes.

The Committee notes from the ILO–IPEC project report of June 2013, that an action programme on “Establishing and Piloting a Child Labour Monitoring System (CLMS) in Maktaaral district in South Kazakhstan region” is being implemented. This action programme aims at establishing the CLMS in agriculture, building the capacity of national and local authorities in CLMS, providing direct services for children involved in or at risk of entering child labour in agriculture, and raising awareness of community members, general public and the media. The Committee notes, however, from the Government’s report under Convention No. 182, that according to the data available at the Procurator’s Office of the Maktaral District, 39 pupils from grades 7–11 were found involved in cotton picking during school hours, while eight secondary school children were found working during the tobacco harvest in the Karatal District. The Committee takes due note of the measures taken by the Government to eliminate child labour in agriculture, in particular tobacco and cotton plantations. It strongly encourages the Government to pursue its efforts to ensure the elimination of child labour in tobacco and cotton plantations, including through the strengthening of labour inspection. The Committee requests the Government to continue to provide information on measures taken in this regard, and on the results achieved. It also requests the Government to continue providing information on the number of children and young persons under the minimum age involved in child labour in the cotton and tobacco plantations.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. National policy on the effective elimination of child labour. Following its previous comments, the Committee notes the Government’s information in its report under Worst Forms of Child Labour Convention, 1999 (No. 182), that the National Information Campaign (NIC) entitled “12 Days of Fight Against Child Labour” for the year 2013 was conducted in June 2013 under the slogan “No to child labour in the household”. The Committee notes the Government’s information that the measures undertaken within the scope of the NIC in 2013 covered more than 1.2 million children and over 200,000 adults. Moreover, the Committee notes that the various measures undertaken by the “Road to School Initiative” in 2012 which was supported by state authorities and big national companies and which covered 284,900 children from impoverished families who received assistance totalling more than 1.7 billion Kazakhstani tenge (KZT) (approximately US$1,113,900).

The Committee further notes from the Government’s report that a National Plan of Action (NAP) for 2012–14 has been adopted and is being carried out. This NAP provides measures for conducting joint investigations of the activities of legal persons and individual entrepreneurs in the harvesting, receiving and processing of cotton and tobacco, in order to prevent the illegal labour migration and exploitation of child labour as well as measures for checking on the attendance of children at general education schools during the harvest period of cotton and tobacco. The Committee requests the Government to provide information on the implementation of the NAP and on the results achieved in terms of eliminating child labour in the cotton and tobacco sector.

Article 2(1). Scope of application. Children working in the informal economy. In its previous comments, the Committee had noted that, by virtue of sections 9(2) and 1(59) of the Labour Code of 2007 (and its provisions regulating the minimum age for admission to work) applies only to persons working within the context of an employment relationship. It had also noted the Government’s indication that investigations of cases of child labour revealed the prevalence of child labour in several sectors, including activities in the informal economy such as work in city markets and in car washes. In this regard, the Committee had encouraged the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy.

The Committee notes from the Government’s report under Convention No. 182 that according to the inspections carried out by the Procurator’s Office in 2012 in Maktaaral District in South Kazakhstan, 39 cases of child labour were detected in cotton plantations, eight cases of child labour in the tobacco plantations in the Karatal district, while two cases of child labour were detected in car wash services in Uralsk district. In all these cases, a total of 16 people were held administratively liable for violations of the provisions of the Labour Code. The Committee encourages the Government to continue taking measures to monitor child labour in the informal economy. It requests the Government to continue providing information on the number of violations detected with regard to child labour in the informal economy.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee had noted the Government’s indication that the terms and conditions for the vocational training that students undergo in enterprises are determined by agreement between schools and enterprises, in conformity with national legislation and, in particular, the Law on the Sanitary and Epidemiological Well-Being of the Population of 4 December 2002. It had also noted the Government’s statement that the length and content of work experience is determined by work training plans and programmes, in accordance with the requirement of approved state educational standards. The Committee had further noted that pursuant to Decree of the President No. 626 of 2008 on the state programme for the development of technical and vocational training, the minimum age for admission to the vocational education system is 15 years.

The Committee notes the Government’s indication that according to the Standard Rules for educational organizations offering secondary education programmes under Government Resolution No. 224 of 2005, general secondary education is compulsory and is the final stage for preparation for developing skills, knowledge and abilities for vocational choices. The Government report further indicates that initial vocational education takes place in vocational schools and institutes and is combined with general secondary education and aims to prepare skilled workers in various occupations. In this regard, the Committee notes the Government’s information that according to section 181 of the Labour Code of 2007, the working hours for students at educational institutions who combine study and work during the school year and who are aged 14–16 years shall be two-and-a-half hours a day.

Article 7(3). Determination of light work. The Committee notes from the Government’s report that according to section 179 of the Labour Code of 2007, with the written consent of one of the parents, guardian or custodian, a contract of employment may be entered with students who have reached the age of 14 years, for work in their free time from study that does not impair their health or interrupt their educational process. The Committee further notes from the Government’s report that pursuant to section 181 of the Labour Code, children aged 14 years and above shall not work for more than 24 hours a week.

Article 9(3). Registers of employment. The Committee previously noted the Government’s statement that, in concluding an employment contract, the employer has the right to require the presentation of an identity card and, for persons under the age of 16, a birth certificate. The Government indicated that the employee’s age (and other information) is kept in an employee’s personnel workbook, issued by the employer’s personnel department. However, the Committee observed that the Government’s report did not indicate if every employer is required to keep such a workbook, or if the employer is obligated to record the age of all employees. The Committee had requested the Government to indicate the measures taken to ensure that the required registers are maintained, in conformity with Article 9 of the Convention.

The Committee notes with interest the Government’s information that the Law of 17 February 2012, on amending and supplementing the Labour Code, has introduced an obligation on employers to keep registers or other documents, indicating the names and dates of birth of workers under 18 years of age employed by him/her. The Committee requests the Government to provide a copy of the Law of 17 February 2012, on amending and supplementing the Labour Code, along with its next report.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Parts III and V of the report form. Labour inspection and the application of the Convention in practice. 1. General application. The Committee previously noted that, according to the 2006 multiple clusters indicator survey, approximately 3.2 per cent of all children aged 5–14 years (approximately 79,515 children) engaged in some form of economic activity. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 June 2007, expressed concern at the large number of socially vulnerable children engaged in labour (CRC/C/KAZ/CO/3, paragraph 63). The Committee further noted the Government’s indication that in the course of inspections carried out as part of a nationwide campaign against child labour, it was revealed that child labour was used in car washes (in wet and cold conditions); in city markets (in the transport of goods in handcarts and in unloading goods); in private retail outlets; in agriculture; and as attendants in petrol stations, including at night. The Committee finally noted that the Committee on Economic and Social Rights (CESCR), in its concluding observations of 7 June 2010, expressed concern regarding the persistence of child labour in the country (E/C.12/KAZ/CO/1, paragraph 27).

The Committee notes the Government’s information that along with state monitoring, there is also public monitoring of labour law in the enterprises or organizations by the public safety and health inspector appointed by the trade union committee of the enterprise/organizations. In this regard, the Committee notes from the ILO–IPEC project report of June 2013 on Combating Child Labour in Central Asia (PROACT CAR Phase III) that a training project on child labour and its monitoring concepts as well as mainstreaming child labour into the education sector was conducted in Astana City and Akmola region in 2012 and in Shymkent City in April 2013. The Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within this project, seven training sessions were held which were attended by 133 people, including employers, entrepreneurs, trade union members as well as teachers. The Committee also notes from the ILO–IPEC project report of June 2013 that a programme was implemented in Kazakhstan from 16 May to 15 August 2013 which undertook a public awareness-raising campaign in 14 regions, during which 76 children were identified as involved in hazardous child labour including at markets (35), as waiters (31), at car wash stations (eight) and at gasoline stations (two), while 14 employers were made administratively liable for the violation of the Labour Code. The Committee strongly encourages the Government to strengthen its efforts, in collaboration with the ILO–IPEC, to effectively monitor and combat child labour in the country. The Committee further requests the Government to provide information on the number of inspections on child labour carried out by the state labour inspectors as well as by the public safety and health inspectors, and on the number of violations detected and penalties imposed in this regard.

2. Tobacco and cotton plantations. The Committee previously noted the Government’s statement that it was prohibited to employ minors on tobacco and cotton plantations, and that the List of Works in which it is prohibited to employ workers under the age of 18 (of June 2007) includes both work in cotton and tobacco. However, the Committee noted that the CRC, in its concluding observations of 19 June 2007, expressed concern at the large number of children engaged in labour within the tobacco and cotton industries (CRC/C/KAZ/CO/3, paragraph 63). It also noted that the CESCR, in its concluding observations of 7 June 2010, expressed concern about child labour in Kazakhstan performed by children of migrant workers in tobacco and cotton farms, and that these children did not attend school during farming periods (E/C.12/KAZ/CO/1, paragraph 27). Moreover, the Committee noted that the Human Rights Committee, in its concluding observations of 19 August 2011, expressed regret at the increase in the number of children employed in cotton and tobacco fields (CCPR/C/KAZ/CO/1, paragraph 16).

The Committee notes from the Government’s report under Convention No. 182 that a Social Centre for Prevention and Preclusion of the Worst Forms of Child Labour which has been operating in the Almaty Province since 2008, has implemented a project entitled “Prevention of the use of child labour” in conjunction with the NGO Karlygash and TOO Philip Morris Kazakhstan. Within the framework of this project, the following components were implemented for children living in the rural population, including children of migrant workers:

• – the provision of supplementary education, acquisition of computer skills, development of handicraft skills, sports, and arts;
• – the provision of occupational training to 14 children in 2011, and 28 children in 2012;
• – the provision of material assistance and school accessories to 150 children; and
• – organization of quality leisure time in order to prevent the use of children in harvesting tobacco. For example, every year, the company Philip Morris Kazakhstan organizes summer holidays for children of migrant workers. From 2010 to 2012, a total of 594 children participated in the summer holiday programmes.

The Committee notes from the ILO–IPEC project report of June 2013, that an action programme on “Establishing and Piloting a Child Labour Monitoring System (CLMS) in Maktaaral district in South Kazakhstan region” is being implemented. This action programme aims at establishing the CLMS in agriculture, building the capacity of national and local authorities in CLMS, providing direct services for children involved in or at risk of entering child labour in agriculture, and raising awareness of community members, general public and the media. The Committee notes, however, from the Government’s report under Convention No. 182, that according to the data available at the Procurator’s Office of the Maktaral District, 39 pupils from grades 7–11 were found involved in cotton picking during school hours, while eight secondary school children were found working during the tobacco harvest in the Karatal District. The Committee takes due note of the measures taken by the Government to eliminate child labour in agriculture, in particular tobacco and cotton plantations. It strongly encourages the Government to pursue its efforts to ensure the elimination of child labour in tobacco and cotton plantations, including through the strengthening of labour inspection. The Committee requests the Government to continue to provide information on measures taken in this regard, and on the results achieved. It also requests the Government to continue providing information on the number of children and young persons under the minimum age involved in child labour in the cotton and tobacco plantations.

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

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

Article 1 of the Convention. National policy on the effective elimination of child labour. The Committee previously noted that the Government was taking several measures to address child labour issues, as a follow-up to the Working Plan to Eliminate Child Labour in Kazakhstan of 2005–08.

The Committee notes the Government’s statement that the Ministry of Labour and Social Welfare is carrying out a nationwide campaign against child labour. The Government indicates that this campaign includes regional roundtables with the participation of social partners, as well as awareness-raising activities. The Committee also notes the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that in 2011, a national public awareness campaign was carried out in the first 12 days of June entitled “Twelve days of combating the exploitation of child labour”. The Government indicates in this report that during the “Road to school” campaign, held in 2010 and 2011 to encourage children to enrol in school, 150 children from poor families were provided with school materials. Moreover, the Government indicates that in June 2011, a seminar was held in Almaty on the role of trade unions in the elimination of child labour. The Committee encourages the Government to pursue and strengthen its efforts, through the nationwide campaign against child labour, towards the effective elimination of child labour. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved.

Article 2(1). Scope of application. Children working in the informal economy. In its previous comments, the Committee noted that, by virtue of sections 9(2) and 1(59), the Labour Code of 2007 (and its provisions regulating the minimum age for admission to work) applies only to persons working within the context of an employment relationship. The Committee also noted the Government’s indication that the agricultural sector and the informal economy remain the principal sectors in which child labour exists.

The Committee notes the Government’s indication that investigations of cases of child labour revealed child labour in several sectors, including activities in the informal economy such as work in city markets and in car washes. In this regard, the Committee once again recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not. The Committee therefore requests the Government to take the necessary measures to ensure that the protection afforded by the Convention is accorded to all children carrying out economic activities, including those working outside an employment relationship and in the informal economy. In this regard, the Committee encourages the Government to take measures to strengthen the capacity and expand the reach of the labour inspectorate to better monitor children working in the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted the Government’s indication that the terms and conditions for the vocational training that students undergo in enterprises are determined by agreement between schools and enterprises, in conformity with national legislation and, in particular, the Law on the Sanitary and Epidemiological Well-Being of the Population of 4 December 2002. The Government also indicated that the length and content of work experience is determined by work training plans and programmes, in accordance with the requirement of approved state educational standards. The Committee also noted that pursuant to Decree of the President No. 626 of 2008 on the state programme for the development of technical and vocational training, the minimum age for admission to the vocational education system is 15 years. Noting an absence of information on this point, the Committee once again requests the Government to clarify if the minimum age of 15 years for admission to the vocational education system (pursuant to the Decree of the President No. 626) also applies for admission to apprenticeships.

Article 7(3). Determination of light work. The Committee previously noted that, pursuant to section 179 of the Labour Code, the employment of minors of 14 years and above is permitted during their spare time, with the consent of one parent, guardian or trustee, if this work does not harm their health or interrupt their studies. The Labour Code also provides that workers aged from 14 to 16 shall not work more than 24 hours a week. In addition, the Committee noted the Government’s indication that section 16.2 of Law No. 345–II of 8 August 2002 on the rights of the child provides that children aged 14 years are entitled to perform socially useful work which does not harm their health, development and moral and psychological state, and for which they are trained. In this regard, the Committee reminded the Government that, under Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the information in the Government’s report submitted under Convention No. 182 that, as part of an ILO–IPEC project, a list of forms of light work for children aged between 14 and 16 was developed. The Government indicates that this draft list is currently under consideration by the Ministry of Labour and Social Welfare. The Committee requests the Government to take the necessary measures to ensure the review and adoption of the list of types of light work permitted to persons between 14 and 16 years of age in the near future. It requests the Government to provide a copy of this list, once adopted.

Article 9(3). Registers of employment. The Committee previously noted the Government’s statement that, in concluding an employment contract, the employer has the right to require the presentation of an identity card and, for persons under the age of 16, a birth certificate. The Government indicated that the employee’s age (and other information) is kept in an employee’s personnel workbook, issued by the employer’s personnel department. However, the Committee observed that the Government’s report did not indicate if every employer is required to keep such a workbook, or if the employer is obligated to record the age of all employees.

Noting an absence of information on this point in the Government’s report, the Committee recalls that, pursuant to Article 9(3) of the Convention, registers shall be kept and made available by the employer which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom she/he employs or who work for her/him and who are less than 18 years of age. The Committee once again requests the Government to indicate whether the keeping of personnel workbooks (containing the age of employees under the age of 18) is mandatory, and if these workbooks are made available to labour inspectors. If not, the Committee requests the Government to indicate the measures taken to ensure that the required registers are maintained, in conformity with Article 9 of the Convention.

[The Government is asked to report in detail in 2013.]

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

Parts III and V of the report form. Labour inspection and the application of the Convention in practice. 1. General application. The Committee previously noted that, according to the 2006 Multiple Clusters Indicator Survey approximately 3.2 per cent of all children aged 5–14 (approximately 79,515 children) engage in some form of economic activity. The Committee also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 June 2007, expressed concern at the large number of socially vulnerable children engaged in labour (CRC/C/KAZ/CO/3, paragraph 63).

The Committee notes the Government’s indication that, as part of a nationwide campaign against child labour, planned and comprehensive investigations of cases of child labour were carried out in various sectors of the economy. The Government indicates that these inspections revealed that child labour was used in car washes (in wet and cold conditions); in city markets (in the transport of goods in handcarts and in unloading goods); in private retail outlets; in agriculture; and as attendants in petrol stations, including at night. The Committee also notes that the Committee on Economic and Social Rights (CESCR), in its concluding observations of 7 June 2010, expressed concern regarding the persistence of child labour in the country (E/C.12/KAZ/CO/1, paragraph 27). Lastly, the Committee notes the information from the ILO–IPEC that Kazakhstan is one of the countries participating in a project to collect national child labour statistics through the ILO–IPEC’s Statistical information and monitoring programme on child labour (SIMPOC). Through this project, a child labour survey is planned for the spring of 2013 by the Ministry of Labour and Social Welfare, the Agency of Statistics and SIMPOC. The Committee strongly encourages the Government to pursue its efforts, in collaboration with the ILO–IPEC, to ensure that sufficient data on the situation of working children in Kazakhstan is made available. It requests the Government to provide a copy of the child labour survey planned for 2013, once completed. The Committee also urges the Government to strengthen its efforts to effectively monitor and combat child labour in the country, and requests the Government to provide information on the number of inspections carried out, violations detected and penalties imposed in this regard.

2. Tobacco and cotton plantations. The Committee previously noted the Government’s statement that it is prohibited to employ minors on tobacco and cotton plantations, and that the List of Works in which it is prohibited to employ workers under the age of 18 (of June 2007) includes both work in cotton and tobacco. However, the Committee noted that the CRC, in its concluding observations of 19 June 2007, expressed concern at the large number of children engaged in labour within the tobacco and cotton industries (CRC/C/KAZ/CO/3, paragraph 63).

The Committee notes the information in the Government’s report that, in the course of inspections carried out within the framework of the national campaign against child labour, child labour was identified in the agriculture sector, particularly in the cultivation of tobacco and cotton. The Committee also notes the information in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that, following the fifth session of the Government’s Inter-departmental Commission for Juvenile Affairs and the Protection of Minors’ Rights, recommendations were adopted to address the socio-economic problems faced by rural households engaged in cotton growing and the elimination of child labour in South Kazakhstan province. The Government also indicates that the Department on the Protection of Children’s Rights in the Almaty province, in cooperation with a private tobacco enterprise, carried out a “Prevention of Child Labour Programme”.

The Committee notes, however, that the CESCR, in its concluding observations of 7 June 2010, expressed concern about child labour in Kazakhstan performed by children of migrant workers in tobacco and cotton farms, and that these children did not attend school during farming periods (E/C.12/KAZ/CO/1, paragraph 27). Moreover, the Committee notes that the Human Rights Committee, in its concluding observations of 19 August 2011, expressed regret at the increase in the number of children employed in cotton and tobacco fields (CCPR/C/KAZ/CO/1, paragraph 16). The Committee must therefore, once again, express its concern at reports of a large number of children working in the cotton and tobacco industries, despite legislative prohibitions. The Committee urges the Government to intensify its efforts to ensure the effective enforcement of the relevant legislation in these sectors, including through the strengthening of labour inspection in cotton and tobacco plantations. The Committee requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

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

[The Government is asked to reply in detail to the present comments in 2013.]

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

Article 1 of the Convention. National policy on the effective elimination of child labour. The Committee previously noted that, within the context of the economic development in Kazakhstan, child issues were included as a priority in national policy. It also noted that the Government was implementing several national social policies that took account of poverty as a central factor in the employment of children. Following a 2005 joint meeting of the Ministries of Labour and Social Protection, of Population, of Education and Science, of Internal Affairs, of Information and of Health, with the General Procurator’s Office and the social partners (Trade Union Federation of the Republic of Kazakhstan and Employers’ Confederation of the Republic of Kazakhstan) and ILO–IPEC representatives, a Working Plan to Eliminate Child Labour in Kazakhstan was agreed upon and signed (Working Plan 2005–08). In 2007, a National Information Resource Centre (NIRC) was established with the support of ILO–IPEC, with the task of gathering and disseminating information on child labour. The Committee requested the Government to provide further information on the Working Plan 2005–08 and on the results attained.

The Committee notes the information in the Government’s report that, following the success of the previous Working Plan 2005–08, the National Coordinating Council on the prevention of child labour (operating under the Ministry of Labour and Social Security), concluded that a second plan was merited. In December 2008, the Ministry of Labour and Social Security approved the new joint workplan for the elimination of child labour and the application of ILO Convention No. 182 in the Republic of Kazakhstan 2009–11, which includes measures to coordinate and unify efforts to combat child labour, raise awareness on this issue and to strengthen policies and legislation in both the implementation and monitoring of this phenomenon, in addition to regional programme components. The Committee also notes the Government’s indication that a national seminar was held on “launching the child labour monitoring system in Kazakhstan”. The Committee further notes the information in the ILO–IPEC technical progress report on the project Child Labour Labour in Central Asia – Commitment becomes Action (PROACT–CAR Phase II) of 15 January 2009 (ILO–IPEC TPR) that the Ministry of Education and Science of Kazakhstan collaborated with ILO–IPEC on several initiatives, within the framework of its “Children of Kazakhstan” 2007–09 programme, including the establishment of recreational centres in several regions aimed at the prevention of child labour.

The Committee notes the Government’s indication that the NIRC organized four training seminars on child labour issues, for state labour inspectors, inspectors of children’s affairs, social workers, and members of the NGO community. The Committee also notes the Government’s indication that a web site containing comprehensive information on the problem of child labour was launched. Furthermore, recognizing the important role of education in the prevention of child labour, the Government implemented measures to encourage children to enrol in school (such as the national “Road to School” programme), in addition to providing support to school authorities to prevent the engagement of students in child labour. The Committee further notes the information in the Government’s report that social assistance, including monthly allowances, is available for large families and low-income families, which contributes to the reduction of child labour. The Committee strongly encourages the Government to continue its efforts to combat child labour. It requests the Government to continue to provide information on the measures taken in this regard, particularly on the work of the National Coordinating Council on the prevention of child labour and the concrete measures implemented under the new joint workplan for the elimination of child labour.

Article 2(1). Scope of application. In its previous comments, the Committee noted that, by virtue of sections 9(2) and 1(59), the Labour Code of 2007 applies only to workers working in the territory of Kazakhstan within the context of an employment relationship. The Committee further noted the Government’s indication that the agricultural sector and the informal economy remain the principal fields in which child labour exists. The Committee requested the Government to indicate whether the Labour Code applies to children working outside an employment relationship. Noting an absence of information on this point in the Government’s report, the Committee recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. Therefore, the Committee again requests the Government to indicate if the Labour Code of 2007 applies to children working outside an employment relationship and, if not, to take the necessary measures to ensure that children working outside an employment relationship benefit from the protection laid down by the Convention.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted the Government’s indication that vocational guidance of students is considered to be one of the main principles of policy in the field of education in Kazakhstan. The Government indicated that the terms and conditions that the training students undergo in enterprises are determined by agreement between schools and enterprises, in conformity with national legislation and, in particular, the Law on the Sanitary and Epidemiological Well‑Being of the Population of 4 December 2002. The Committee requested the Government to provide information on the minimum age required for a young person to begin an apprenticeship programme.

The Committee notes the Government’s statement that the length and content of work experience is determined by work training plans and programmes, in accordance with the requirement of approved state educational standards. The Committee also notes the Government’s indication that the state programme on the development of technical and vocational training in Kazakhstan 2008–12 was adopted by Decree of the President No. 626, on 1 July 2008, and that admission to vocational colleges follows the completion of the ninth grade. The Government indicates that, if a child enters grade one at the age of 6, she/he will be admitted to this vocational training as of the age of 15, and if she/he enters grade 1 at the age of 7, she/he will be admitted at the age of 16. The Committee notes the Government’s statement that therefore the minimum age for admission to the vocational education system is 15 years. The Committee requests the Government to clarify if the minimum age of 15 years for admission to vocational colleges (pursuant to the 2008 Decree of the President No. 626) also applies for admission to apprenticeships.

Article 7(3). Determination of light work. The Committee previously noted that, pursuant to section 179 of the Labour Code, the employment of minors of 14 years and above is permitted during their spare time, with the consent of one parent, guardian or trustee, if this does not harm their health or interrupt their studies. The Labour Code also provides that workers aged from 14 to 16 shall not work more than 24 hours a week. In addition, the Committee noted the Government’s indication that section 16.2 of Law No. 345–II of 8 August 2002 on the rights of the child provides that children aged 14 years are entitled to perform socially useful work which does not harm their health, development and moral and psychological state, and for which they are trained. The Committee reminded the Government that, under Article 7(3), of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the information in the Government’s report on light work activities. However, it once again observes that the activities in which employment or work may be permitted as light work seem not to have been determined by the competent authority. Moreover, the Committee notes the information in the 2006 Multiple Clusters Indicator Survey that approximately 3.2 per cent of all children aged 5–14 (approximately 79,515 children) engage in some form of economic activity. Therefore, the Committee once again requests the Government to implement the necessary measures to ensure that the national legislation determines the light work activities which may be undertaken by children from 14 years and above. It also requests the Government to provide information on the progress made in this regard.

Article 9(3). Registers of employment. The Committee notes the Government’s statement that, in concluding an employment contract, the employer has the right to require the presentation of an identity card and, for persons under the age of 16, a birth certificate. The Committee also notes that the employee’s age (and other information) is kept in an employees’ personnel workbook, issued by the employer’s personnel department. However, the Committee observes that the Government’s report does not indicate if every employer is required to keep such a workbook, or if the employer is obligated to record the age of all employees. The Committee recalls that, pursuant to Article 9(3) of the Convention, registers shall be kept and made available by the employer which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom she/he employs or who work for her/him and who are less than 18 years of age. The Committee therefore requests the Government to indicate whether the keeping of personnel workbooks (containing the age of the employees) is mandatory, and if these workbooks are made available to labour inspectors. If not, the Committee requests the Government to indicate the measures taken to ensure that the required registers are maintained, in conformity with Article 9 of the Convention.

Parts III and V of the report form. Labour inspection and the application of the Convention in practice. 1. General application. The Committee notes the information in the Government’s report that that the department within the Prosecutor General’s Office specializing in the application of legislation on children, including child labour, conducts systematic inspections relating to children’s rights, which resulted in the identification of several violations regarding child labour. Particularly, in the Ualikhanov and Novo-Nikolaeve Beskarai districts, the prosecutor’s offices uncovered the illegal employment of students during schools hours by three secondary schools. The Committee notes that, as a result, disciplinary proceedings were taken against the head of the district education department in Ualikhanov, and disciplinary proceedings were taken against the two school heads in the Beskarai district. The district prosecutor’s office also uncovered the employment of minors in private enterprises, including the engagement of minors in night work, the employment of minors without a contract and the engagement of children in prohibited work of the carrying of heavy loads. Following these investigations, employers were convicted of an administrative offence. The Committee also notes that, in 2007, a 16-year-old child died following work in dangerous conditions (of acute benzene poisoning). The child had been a resident of a student residence, the staff of which illegally employed the residents. The head of the residence was dismissed, disciplinary proceedings were taken against six staff, and the institution has since been closed. Criminal proceedings were brought against the employer, and while these charges have since been dropped, this decision is under appeal.

The Committee notes the information in the Government’s report that the Ministry of Labour and Social Security conducted a nationwide mass action again child labour, which included planned investigations, in various sectors, with the participation of trade unions, voluntary organizations and inspection agencies. The Committee notes that this resulted in the detection of several violations, including the employment of children under the minimum age, children working more than the maximum allowed hours, the employment of children in night work, work with alcohol and tobacco products, the employment of minors without a prior medical examination, the hiring of children without an employment contract, the employment of children in prohibited activities (on a building site, with assembly of technical equipment, work at heights, heavy work and in sowing work). The Committee notes the Government’s statement that, upon the discovery of these violations, employers were issued with notices to eliminate the violations and administrative fines were imposed. The Committee notes that 180 administrative fines were imposed as a result of these investigations.

Nonetheless, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 19 June 2007, expressed concern at the large number of socially vulnerable children engaged in labour, and at the lack of information and adequately disaggregated data on the situation of child labour and economic exploitation of children within the Kazakhstan (CRC/C/KAZ/CO/3, paragraph 64). The Committee, while noting the detailed information on specific violations in the Government’s report, requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Kazakhstan, particularly with regard to the number of children working under the minimum age for admission to employment, is available. It requests the Government to provide this information when it is available.

2. Tobacco and cotton plantations. The Committee notes the Government’s statement that it is prohibited to employ minors on tobacco and cotton plantations. It further notes that this prohibition is contained in section 102 of the List of Works in which it is prohibited to employ workers under the age of 18 (June 2007), submitted with the Government’s report. However, the Committee notes that the investigations of the Ministry of Labour and Social Security in the agricultural sector (specifically tobacco, cotton and vegetable plantations) revealed that child labour was present in agricultural work, particularly in the growing of tobacco and cotton. The Committee also notes the information in the ILO–IPEC TPR of 15 January 2009 that IPEC visits to cotton‑producing areas in South Kazakhstan revealed many working children, including those who came with their parents from Uzbekistan to work in the fields. The Committee further notes that the CRC, in its concluding observations of 19 June 2007, expressed concern at the still large number of children engaged in labour within the tobacco and cotton industries (CRC/C/KAZ/CO/3, paragraph 64). The Committee expresses its concern at the reports of the large number of children working in the cotton and tobacco industries, despite legislative prohibitions, and requests the Government to take the necessary measures to ensure the effective enforcement of the relevant legislation in these sectors, including through the strengthening of labour inspection in cotton and tobacco plantations. The Committee requests the Government to provide information on measures taken in this regard.

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

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. The Committee notes the Government’s information that the Agency of Statistics of Kazakhstan, with the assistance of UNICEF, USAID, the UN Population Fund and the ILO–IPEC, conducted a study which revealed that, in a country of approximately 6,456,100 children aged 5 to 15 years, 2.2 per cent of children aged 5 to 14 years are engaged in different forms of labour activities. The results of this study show that 0.5 per cent of the children in this age group are engaged in domestic work for at least four hours per day, 1 per cent work in family businesses and 1 per cent are engaged in unpaid labour activities outside of their households. Furthermore, it was revealed that children are more frequently engaged to work in urban areas, rather than rural areas, of Kazakhstan. Children have been found working the Kyzylordinsk (7.2 per cent) and Pavlodar (5.9 per cent) regions, as well as in the Aturusk (0.2 per cent), Karaganda (0.5 per cent) and Almaty (0.9 per cent) regions.

The Committee notes the Government’s information that, within the context of the recent economic development in Kazakhstan, child issues have been included as a priority in national policy. In this regard, the Committee notes the enactment of the new Labour Code of the Republic of Kazakhstan of 15 May 2007 (Labour Code), which provides for conditions and limits the use of child labour. Moreover, the Government indicates in its report that, in order to eliminate child labour and gradually raise the minimum age for employment, Kazakhstan is currently implementing several national social policies in which poverty is taken into account as being the main factor behind the employment of children. The Government also indicates that, at the July 2005 joint meeting of the ministries concerned (Ministry of Labour and Social Protection of Population, Ministry of Education and Science, Ministry of Internal Affairs, General Procurator’s Office, Ministry of Information and Ministry of Health), as well as of the social partners (Trade Union Federation of the Republic of Kazakhstan and Employers’ Confederation of the Republic of Kazakhstan) and of representatives of ILO–IPEC, a Working Plan to Eliminate Child Labour in Kazakhstan was agreed upon and signed. Furthermore, with the support of ILO–IPEC, a National Information Resource Centre was established in March 2007 at the Republican Research Institute on Labour Protection of the Ministry of Labour and Social Protection of Population, the task of which is to gather and disseminate information on child labour. The Committee also notes that the Union of Intellectual Women, with the collaboration of ILO–IPEC and the participation of the Government, representatives of the social partners and non-governmental organizations, has conducted two awareness campaigns entitled “12 days of combating child labour exploitation”, from 1 to 12 June 2006 and 2007. The Committee strongly encourages the Government to continue its efforts to combat child labour. It requests the Government to provide more concrete information on the Working Plan to Eliminate Child Labour in Kazakhstan and on the results attained, as well as on the impact of the other abovementioned measures on the effective elimination of child labour. Furthermore, it requests the Government to provide information on the statistics and data gathered by the National Information Resource Centre and to continue providing information on the application of the Convention in practice, including data on the employment of children, extracts of inspection reports, as well as the number and nature of contraventions reported and penalties imposed.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee had noted that, according to section 3 of the Labour Act dated 10 December 1999, this Act covers “labour relations” in the territory of Kazakhstan, which are defined as the “relations arising between the employer and the worker as regards any labour activity exercised by the parties on the basis, as a rule, of individual contracts of employment and collective agreements”. The Committee had stressed that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. The Committee notes that, by virtue of its sections 9(2) and 1(59), the new Labour Code applies to workers working in the territory of Kazakhstan and within the context of an employment relationship. The Committee further notes that the Government indicates, in its report, that the agriculture sector and the informal economy remain the principal fields in which child labour exists. Noting once again the absence of information on this point in the Government’s report, the Committee requests the Government to indicate whether the new Labour Code of 15 May 2007 applies to children working outside an employment relationship. If it does not, it requests the Government to take measures to ensure that children working outside an employment relationship benefit from the protection laid down by the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s information that the vocational guidance of students is considered by Kazakhstan as one of the main principles of policy in the field of education. The Government indicates that the terms and conditions of the training students undergo in enterprises are determined by agreement between schools and enterprises, in conformity with national legislation and, in particular, the Law on the Sanitary and Epidemiological Well-Being of the Population of 4 December 2002. The Committee notes, however, that the Government provides no information regarding the minimum age for entering an apprenticeship or vocational training programme. It recalls that Article 6 of the Convention authorizes work to be carried out in enterprises, within the context of such a programme, by persons aged at least 14. The Committee expresses the hope that Kazakh national legislation provides for a minimum age of at least 14 years for entry in an apprenticeship programme and requests the Government to provide information on the minimum age required for a young person to begin an apprenticeship programme.

Article 7, paragraph 3. Determination of light work. Following its previous comments, the Committee notes that section 179 of the new Labour Code provides, like its predecessor, that the employment of minors of 14 years and above is permitted during their spare time, with the consent of one parent, guardian or trustee, if this does not harm their health or interrupt their studies. The Labour Code also provides that workers aged from 14 to 16 shall not work more than 24 hours a week. In addition, the Committee notes the Government’s information that section 16.2 of Law No. 345–II of 8 August 2002 on the rights of the child provides that children aged 14 years are entitled to perform socially useful work which does not harm their health, development and moral and psychological state, and for which they are trained. However, the Committee observes once again that the activities in which employment or work may be permitted as light work seem not to have been determined by the competent authority pursuant to Article 7, paragraph 3, of the Convention. The Committee requests the Government to take measures so that the national legislation determines the light work activities which may be undertaken by children from 14 years and above. It also requests the Government to provide information on the progress made in this regard.

Article 9, paragraph 3. Registers of employment. Noting once again the absence of information on this point, the Committee requests the Government to provide information on the legal provisions that prescribe the registers that, in conformity with Article 9, paragraph 3, of the Convention, shall be kept and made available by the employer and which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, along with its next report.

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

The Committee notes the Government’s report and requests it to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that, according to section 3 of the Labour Act dated 10 December 1999, this Act covers “labour relations” in the territory of Kazakhstan, which are defined as the “relations arising between the employer and the worker as regards any labour activity exercised by the parties on the basis, as a rule, of individual contracts of employment and collective agreements”. The Committee had stressed that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the manner in which children working outside an employment relationship are guaranteed the protection afforded by the Convention.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted that section 15(2) of Act No. 528 on safety and security at work provides that relevant authorities in cooperation with the public health authority should specify the list of types of prohibited work. The Committee notes the Government’s information under Convention No. 182 that, in pursuance of the provisions of section 15(2) of Act No. 528 on safety and security at work, the Ministry of Labour and Social Protection issued Order No. 45 of February 2005 “on the approval of the list of works and professions in the sphere of hard physical works and works with harmful (specifically harmful), hazardous (specifically hazardous) labour conditions at which it is prohibited to employ persons who do not attain 18 years of age”. This Order sets a comprehensive list of industries and occupations involving hard work or work in harmful working conditions in which the employment of persons younger than 18 years is prohibited. The Committee takes due note of this information.

Article 6. Vocational training and apprenticeship. The Committee notes that the Government’s report contains no information on the system of vocational training and apprenticeship. Therefore, the Committee once again requests the Government to provide information on the system of vocational training and technical education. Furthermore, it once again asks the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that section 11(3) of the Labour Act permits the employment of minors of 14 years and above during their spare time with the consent of one parent, guardian or trustee, if this does not harm their health or interrupt their studies. The Committee had also noted that section 11(2) of the Labour Act specifies that persons who have completed their secondary education or left an institution of general education may be employed at the age of 15, provided that they have the consent of their parents, guardians or trustees. It had further observed that, by virtue of section 46(1) of the same Act, workers aged from 14 to 16 shall not work more than 24 hours a week. The Committee observes, however, that the activities in which employment or work may be permitted as light work, seem not to have been determined by the competent authority pursuant to Article 7, paragraph 3, of the Convention. Therefore, the Committee once again requests the Government to indicate the measures taken or envisaged so that the national legislation determines the light work activities, which may be undertaken by children from 14 years and above.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that no use has been made in Kazakhstan of the exceptions permitted by this Article, and that minors are only allowed to participate in performances as part of a school educational programme. It notes the Government’s statement that the legislation of the Republic of Kazakhstan does not envisage granting permits allowing exceptions in individual cases to the prohibition of work provided for in Article 2 of this Convention. The Committee further notes the Government’s information that children may participate in artistic performances within the framework of the school curriculum or of another public activity which poses no risk to their health and does not prejudice their attendance at school, to which parents (or guardians or trustees) have given their consent and which is in conformity with the requirements of the Labour Act (section 46(1)). The Committee takes due note of this information.

Article 9, paragraph 3.  Registers of employment. Noting the absence of information on this point, the Committee once again requests the Government to indicate the legal provisions that prescribe the registers that, in conformity with Article 9, paragraph 3, of the Convention, shall be kept and made available by the employer and which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.

Part III of the report form. Following its previous comments, the Committee notes the Government’s information that pursuant to section 102 of the Labour Act, supervision of compliance with the labour legislation, including the implementation of the Convention, is exercised by state labour inspectors from the Ministry of Labour and Social Protection of the Population of the Republic of Kazakhstan in conformity with the regulations adopted through Decree No. 983 of 20 July 2001. It also notes the Government’s information that, for the purpose of ensuring state control of compliance with labour legislation and labour protection legislation, Decree No. 920 of 28 December 2000 provides for the setting up of local offices of the Ministry of Labour and Social Protection. Such offices were established in all regions of the country and in the cities of Astan and Almaty and have been functioning since 1 January 2001. These offices, amongst others, supervise the implementation of individuals’ constitutional rights to: freedom of labour; free choice of activity and occupation; working conditions meeting the requirements for labour safety and health; labour remuneration and social protection. They also forward to the appropriate law enforcement bodies information and material concerning breaches of the legislation or discrimination practices so that sanctions can be imposed on the persons found guilty. The Committee takes due note of this information.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.213) according to which, concerned by young people participating in unregulated employment situations, particularly in the private sector, agriculture and at home, the Committee on the Rights of the Child recommended that Kazakhstan undertake a national survey on the causes and extent of child labour with a view to adopting and implementing a national plan of action to prevent and combat child labour. Noting the absence of information on this point, the Committee once again requests the Government to supply information on the measures taken or envisaged to undertake this survey, and its results. Moreover, it once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons and information on the number and nature of contraventions reported.

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

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

The Committee notes the adoption of Act No. 493-1 on "Labour in the Republic of Kazakhstan", dated 10 December 1999 (hereinafter referred to as the Labour Act). The Committee notes with interest that Kazakhstan ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 26 February 2003. The Committee requests the Government to provide additional information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information provided by the Government according to which reforms of labour relations are part of "Kazakhstan 2030", a long-term development strategy, and that Kazakhstan has passed a series of legislative acts to regulate standards in the area of working conditions. It also notes the creation of the Council on Youth Affairs set up in July 2000, as a consultative body within the Government. Furthermore, the Committee notes with interest the Government’s Decree of 11 March 2004 on the creation of an Interdepartmental Commission on matters relating to the protection of children’s rights and interests. The Committee requests the Government to continue providing information on the national policies designed to ensure the effective abolition of child labour, and on the results attained.

Article 2, paragraph 1. 1. Scope of application. The Committee notes that section 3 of the Labour Act provides that it shall cover labour relations, which are defined in section 1 of the Labour Act as the relations arising between the employer and the worker as regards any labour activity exercised by the parties on the basis, as a rule, of individual contracts of employment and collective agreements. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children working outside an employment relationship are guaranteed the protection afforded by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that according to section 11(1) of the Labour Act, persons aged 16 or over may sign individual contracts of employment. The Committee notes however that section 11(2) of the Labour Act specifies that persons who have completed their secondary education or left an institution of general education may be employed at the age of 15, provided that they have the consent of their parents, guardians or trustees. The Committee reminds the Government that upon ratifying the Convention, it declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2, paragraph 1, of the Convention, children under that age may not be admitted to work except for light work, which may be undertaken in the conditions set out in Article 7 of the Convention. It therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure that no one under 16 years of age may be admitted to employment or work in any occupation.

Article 2, paragraph 3. Compulsory education. The Committee notes with interest that according to section 24 of the Education Act of 1999, education is compulsory from the age of 6 and lasts 10 years. Compulsory education is thus completed by the age of 16 years, which corresponds to the specified minimum age for admission to employment or work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that according to section 11(5) of the Labour Act, no person under 18 may be employed in physically demanding work or work which is harmful and/or dangerous. It notes, however, that this prohibition does not include work likely to jeopardize the morals of young persons. The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in types of work likely to jeopardize their morals, in accordance with Article 3, paragraph 1, of the Convention.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 15(2) of Act No. 528 on safety and security at work provides that relevant authorities in cooperation with the Public Health Authority should specify the list of prohibited work. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information regarding progress towards the adoption of the text which would contain a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraphs 1 and 2, of the Convention. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject. The Committee asks the Government to provide a copy of this text once it has been adopted.

Article 6. Vocational training and apprenticeship. The Committee notes that the Government’s report contains no information on the system of vocational training and apprenticeship. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if the national legislation provides for apprenticeship programmes, and if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

Article 7, paragraph 3. Determination of light work. The Committee notes that section 11(3) of the Labour Act permits the employment of minors of 14 years and above during their spare time with the consent of one parent, guardian or trustee, if it does not harm their health or interrupt their studies. The Committee also notes that section 46(1) of the Labour Act specifies that workers aged from 14 to 16 shall not work more than 24 hours a week. It observes that under sections 48(3) and 49(3) of the Labour Act, persons under 18 may not perform night work (i.e. 10 p.m. to 6 a.m. according to section 48(1) of the Labour Act) or overtime work. Moreover, the Committee notes that, according to section 13(2) of the Act on Safety and Security at Work, persons aged under 18 may only be employed after a preliminary medical examination, and must thereafter undergo a compulsory annual medical examination until they reach the age of 18. However, the Committee reminds the Government that under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted as light work. The Committee therefore requests the Government to indicate the measures taken or envisaged so that national legislation determines the light work activities which may be undertaken by children from 14 years and above. It also requests the Government to indicate the conditions in which light work is currently performed, particularly the nature of the work and the number of hours for which it is performed.

Article 8. Artistic performances. The Committee notes the Government’s statement that no use has been made in Kazakhstan of the exceptions permitted by this Article, and that minors are only allowed to participate in performances as part of a school educational programme. The Committee requests the Government to indicate whether, in practice, young persons participate in activities such as artistic performances other than within the context of a school educational programme, and, if so, to provide information on the types of activities in which they participate, particularly the number of hours during which, and the conditions in which such activities may be undertaken.

Article 9, paragraph 3. Registers of employment. The Committee requests the Government to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer; and which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention.

Part III of the report form. The Committee notes with interest the information provided by the Government according to which the Act "On Social partnership in the Republic of Kazakhstan" making provision for the establishment of an effective mechanism to regulate social, labour and associated economic relations, has been discussed by a national tripartite commission on social partnership. The Committee requests the Government to indicate whether this text has been adopted, if so, to supply a copy of it, and to provide information on its application.

Part V of the report form. Practical application of the Convention. The Committee notes the information contained in the report submitted by Kazakhstan to the Committee on the Rights of the Child in September 2002 /CRC/C/41/Add.13), according to which as market relations have developed, minors have begun to play an active role in the sphere of work. It also notes, according to the Government’s report to the Committee on the Rights of the Child, that at the same time, with the growth in the non-state sector of economy, particularly small private businesses, the number of young people in unregulated employment in the cities is rising, and it is not always possible to monitor respect for the labour rights and guarantees. Moreover, the Committee notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.213) according to which, concerned by young people participating in unregulated employment situations, particularly in the private sector, agriculture and at home, the CRC recommended that Kazakhstan undertake a national survey on the causes and extent of child labour with a view to adopting and implementing a national plan of action to prevent and combat child labour. The Committee therefore requests the Government to supply information on the measures taken or envisaged to undertake this survey, and its results. Moreover, the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, 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 the Government’s first report. It also notes the adoption of Act No. 493-1 on "Labour in the Republic of Kazakhstan", dated 10 December 1999 (hereinafter referred as to the Labour Act). The Committee notes with interest that Kazakhstan ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 26 February 2003. The Committee requests the Government to provide additional information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information provided by the Government according to which reforms of labour relations are part of "Kazakhstan 2030", a long-term development strategy, and that Kazakhstan has passed a series of legislative acts to regulate standards in the area of working conditions. It also notes the creation of the Council on Youth Affairs set up in July 2000, as a consultative body within the Government. Furthermore, the Committee notes with interest the Government’s Decree of 11 March 2004 on the creation of an Interdepartmental Commission on matters relating to the protection of children’s rights and interests. The Committee requests the Government to continue providing information on the national policies designed to ensure the effective abolition of child labour, and on the results attained.

Article 2, paragraph 1. 1. Scope of application. The Committee notes that section 3 of the Labour Act provides that it shall cover labour relations, which are defined in section 1 of the Labour Act as the relations arising between the employer and the worker as regards any labour activity exercised by the parties on the basis, as a rule, of individual contracts of employment and collective agreements. The Committee stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. The Committee requests the Government to provide information on the manner in which children working outside an employment relationship are guaranteed the protection afforded by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that according to section 11(1) of the Labour Act, persons aged 16 or over may sign individual contracts of employment. The Committee notes however that section 11(2) of the Labour Act specifies that persons who have completed their secondary education or left an institution of general education may be employed at the age of 15, provided that they have the consent of their parents, guardians or trustees. The Committee reminds the Government that upon ratifying the Convention, it declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2, paragraph 1, of the Convention, children under that age may not be admitted to work except for light work, which may be undertaken in the conditions set out in Article 7 of the Convention.  It therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure that no one under 16 years of age may be admitted to  employment or work in any occupation.

Article 2, paragraph 3. Compulsory education. The Committee notes with interest that according to section 24 of the Education Act of 1999, education is compulsory from the age of 6 and lasts 10 years. Compulsory education is thus completed by the age of 16 years, which corresponds to the specified minimum age for admission to employment or work.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that according to section 11(5) of the Labour Act, no person under 18 may be employed in physically demanding work or work which is harmful and/or dangerous. It notes, however, that this prohibition does not include work likely to jeopardize the morals of young persons. The Committee recalls that Article 3, paragraph 1, of the Convention provides that the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee requests the Government to indicate whether the national legislation contains provisions prohibiting young persons under the age of 18 from being employed in types of work likely to jeopardize their morals, in accordance with Article 3, paragraph 1, of the Convention.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 15(2) of Act No. 528 on safety and security at work provides that relevant authorities in cooperation with the Public Health Authority should specify the list of prohibited work. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information regarding progress towards the adoption of the text which would contain a list of activities and occupations to be prohibited to persons below 18 years of age, in accordance with Article 3, paragraphs 1 and 2, of the Convention. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject. The Committee asks the Government to provide a copy of this text once it has been adopted.

Article 6. Vocational training and apprenticeship. The Committee notes that the Government’s report contains no information on the system of vocational training and apprenticeship. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if the national legislation provides for apprenticeship programmes, and if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

Article 7, paragraph 3. Determination of light work. The Committee notes that section 11(3) of the Labour Act permits the employment of minors of 14 years and above during their spare time with the consent of one parent, guardian or trustee, if it does not harm their health or interrupt their studies. The Committee also notes that section 46(1) of the Labour Act specifies that workers aged from 14 to 16 shall not work more than 24 hours a week. It observes that under sections 48(3) and 49(3) of the Labour Act, persons under 18 may not perform night work (i.e. 10 p.m. to 6 a.m. according to section 48(1) of the Labour Act) or overtime work. Moreover, the Committee notes that, according to section 13(2) of the Act on Safety and Security at Work, persons aged under 18 may only be employed after a preliminary medical examination, and must thereafter undergo a compulsory annual medical examination until they reach the age of 18. However, the Committee reminds the Government that under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted as light work. The Committee therefore requests the Government to indicate the measures taken or envisaged so that national legislation determines the light work activities which may be undertaken by children from 14 years and above. It also requests the Government to indicate the conditions in which light work is currently performed, particularly the nature of the work and the number of hours for which it is performed.

Article 8. Artistic performances. The Committee notes the Government’s statement that no use has been made in Kazakhstan of the exceptions permitted by this Article, and that minors are only allowed to participate in performances as part of a school educational programme. The Committee requests the Government to indicate whether, in practice, young persons participate in activities such as artistic performances other than within the context of a school educational programme, and, if so, to provide information on the types of activities in which they participate, particularly the number of hours during which, and the conditions in which such activities may be undertaken.

Article 9, paragraph 3. Registers of employment. The Committee requests the Government to indicate the legal provisions that prescribe the registers or other documents which shall be kept and made available by the employer; and which must contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in conformity with Article 9, paragraph 3, of the Convention.

Part III of the report form. The Committee notes with interest the information provided by the Government according to which the Act "On Social partnership in the Republic of Kazakhstan" making provision for the establishment of an effective mechanism to regulate social, labour and associated economic relations, has been discussed by a national tripartite commission on social partnership. The Committee requests the Government to indicate whether this text has been adopted, if so, to supply a copy of it, and to provide information on its application.

Part V of the report form. Practical application of the Convention. The Committee notes the information contained in the report submitted by Kazakhstan to the Committee on the Rights of the Child in September 2002 /CRC/C/41/Add.13), according to which as market relations have developed, minors have begun to play an active role in the sphere of work. It also notes, according to the Government’s report to the Committee on the Rights of the Child, that at the same time, with the growth in the non-state sector of economy, particularly small private businesses, the number of young people in unregulated employment in the cities is rising, and it is not always possible to monitor respect for the labour rights and guarantees. Moreover, the Committee notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.213) according to which, concerned by young people participating in unregulated employment situations, particularly in the private sector, agriculture and at home, the CRC recommended that Kazakhstan undertake a national survey on the causes and extent of child labour with a view to adopting and implementing a national plan of action to prevent and combat child labour. The Committee therefore requests the Government to supply information on the measures taken or envisaged to undertake this survey, and its results. Moreover, the Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, 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.