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

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

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

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

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

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

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