Minimum Age Convention, 1973 (No. 138) - Lao People's Democratic Republic (Ratification: 2005)

Individual Case (CAS) - Discussion: 2026, Publication: 114th ILC session (2026)

Written information provided by the Government

The Government has provided the following written information, as well as copies of the Law on Vocational Education and the Decree on Labour Inspection.

The progressive elimination of child labour, including in hazardous work and in
rural areas

The Government has taken concrete steps to eliminate child labour in line with the Convention by the strengthening legislation on minimum age and hazardous work and advancing the National Action Plan on the Prevention and Elimination of Child Labour, with a focus on the agricultural and informal sectors in rural areas. It has increased the number of trained labour inspectors and conducted targeted inspections, resulting in the identification of violations, the withdrawal of children from hazardous work, and the enforcement of penalties. The Government has also implemented community-based programmes in rural districts to support vulnerable families and reduce reliance on child labour, while expanding access to education through scholarships, school feeding programmes, and the reintegration of working children into schools. In cooperation with partners such as the ILO and UNICEF, it has carried out awareness-raising campaigns to change attitudes towards child labour. Improved data collection, including national surveys, shows that child labour has declined from 41.5 per cent in 2017 to 23 per cent in 2023; however, the Government acknowledges that child labour remains prevalent, particularly in hazardous conditions and rural areas, and commits to further strengthening its efforts. The National Plan of Action is being considered as the National Strategy on Prevention and Elimination of Child Labour, and the Government assures the Committee that it will provide a full copy of the updated strategy immediately upon its formal adoption.

The Government will continue to strengthen its data collection and monitoring systems to provide updated and reliable statistical information on the nature, extent, and trends of child labour, in line with its obligations under the Convention. In this regard, the Government will improve administrative data systems to ensure comprehensive and disaggregated data by age, gender, sector, and rural–urban location, in collaboration with international partners.

Furthermore, the Government remains dedicated to maintaining transparency by continuing its collaboration with the Lao Statistics Bureau and UNICEF to produce regular, updated statistical data. This ongoing data collection will not only allow the Government to monitor the nature and extent of child labour trends, but ensure that its “redoubled efforts” lead to the progressive and total elimination of child labour in Lao People’s Democratic Republic.

The rate of child labour in the country remains high, including in hazardous work

The new Decree on Labour Inspection is now in force and actively implemented to strengthen the monitoring of child labour in line with the Convention. Under this Decree, the authority and capacity of labour inspectors have been enhanced, including the ability to conduct inspections in both the formal and informal sectors, particularly in rural and high-risk areas. The Government has increased the number of trained inspectors and carried out targeted inspections in sectors such as agriculture, construction, and small-scale enterprises, leading to the detection of cases of underage and hazardous child labour. The Government will continue to strengthen enforcement and provide detailed data on inspection activities, violations, and penalties in future reports.

Regarding hazardous work for under 16 years of age

The Government is committed to taking the necessary measures to bring the national legislation into full conformity with the Convention by ensuring that no child under the age of 16 is authorized to perform hazardous work under any circumstances. Regarding Decision No. 4677/MOLSW (2023), it was introduced to update the list of hazardous occupations and to better regulate the participation of young persons in vocational training and apprenticeship settings, including allowing 15-year-olds to engage in certain work activities only under strict conditions such as safety training, supervision, technical guidance, and provision of protective equipment. However, the Government recognizes the concern that this provision is not fully aligned with Article 3(3) of the Convention, which clearly sets 16 years as the minimum age for any authorization to perform hazardous work, even when protective measures and training are provided. The Government acknowledges that maintaining this lower age threshold may create a risk of inconsistency with international labour standards on child protection. In addition, the Ministry of Labour and Social Welfare is currently reviewing Decision No. 4677/MOLSW with the aim of bringing the national legislation fully into compliance. This includes assessing amendments to ensure that all hazardous work is strictly prohibited for persons under 16, while strengthening vocational training frameworks that are safe and non-hazardous for younger adolescents. The Government also indicates its commitment to improving enforcement, inspection, and reporting mechanisms, and will provide updates on legislative revisions and implementation of progress to the relevant supervisory bodies.

Regarding the minimum age for apprenticeship

The Government confirms that the Law on Vocational Education (Amended) No. 63/NA (2019) sets the minimum age for entering into basic vocational training and apprenticeship programmes at 14 years. This legislative provision is designed to align with Article 6 of the Convention, which permits vocational training for individuals from the age of 14 in Member States whose economic and educational facilities are still in a stage of development. This age threshold is further reinforced by article 102 of the Labour Law (Amended) No. 43/NA (2013), which stipulates that employers may only engage persons between the ages of 14 and 18 for specific types of work that are not hazardous and do not impede their physical or mental development. Consequently, any apprenticeship undertaken by a 14-year-old is legally categorized as a learning and skill-acquisition process rather than exploitative employment.

As requested by the Committee of Experts, the following translated provisions from the National Gazette are provided as evidence of compliance as provided in article 24 (Basic Vocational Training): “Basic vocational training provides short-term technical and vocational skills to individuals to enable them to secure a career and find employment. This level of training is specifically intended for students who have completed primary school or those who have not yet finished general education, provided that the participants in these programmes are at least 14 years of age.”

In addition, article 85 (Prohibitions for Vocational Education Institutions): “Vocational education institutions are strictly prohibited from allowing students or apprentices to perform work that is heavy, dangerous to their health, or in violation of the regulations concerning the protection of children and young workers.”

However, the Government remains steadfast in its efforts to bridge the gap between basic education and the labour market through safe, regulated vocational pathways. By maintaining the apprenticeship age at 14, the Government ensures that youth who have completed their primary and lower-secondary cycles have immediate access to skills-building opportunities, thereby reducing the risk of informal and unprotected child labour. All such programmes are subject to inspection by the Ministry of Labour and Social Welfare to ensure strict adherence to the safety standards mandated by both national law and international Conventions.

Regarding the necessary measures to combat the trafficking and commercial sexual exploitation of children

The Government has been trying all efforts and measures to combat trafficking in persons and the commercial sexual exploitation of children which are being actively addressed under the Anti-Human Trafficking Law and relevant provisions of the Penal Code through: (i) strengthened multi-sector coordination among police, prosecutors, border officials, and social welfare agencies; (ii) improved mechanisms for identifying, referring, and protecting child victims; (iii) enhanced training of law enforcement and judicial personnel to support investigation and prosecution of cases; and (iv) efforts to establish more systematic monitoring and reporting of complaints, investigations, prosecutions, convictions, and penalties. At the same time, the Government acknowledges concerns raised by international bodies regarding increasing trafficking risks, low prosecution rates, and limited institutional resources, and reaffirms its commitment to intensify prevention, ensure accountability of perpetrators through effective and dissuasive sanctions, and improve overall enforcement capacity and victim protection systems nationwide.

The prevention of victims of trafficking in persons and commercial sexual exploitation

The Government has undertaken time-bound and targeted measures to prevent and eliminate the trafficking and commercial sexual exploitation of children by organizing specialized training for 277 police, border, labour, consular, and social service officials across eight provinces to strengthen the early identification of child victims, implementing the 2020 Guidelines for the Protection, Assistance and Referral for Victims of Trafficking to enhance inter-agency coordination and standardize victim-centred identification, referral, and assistance procedures. It has also supported rehabilitation and reintegration efforts in cooperation with national organizations, such as the Lao Women’s Union, which assisted 226 child victims or at-risk children between 2017 and 2022 through shelter, healthcare, psychosocial support, education, and vocational training. However, it acknowledges ongoing gaps in rights-based early identification and referral mechanisms as noted by international bodies and therefore commits to intensify prevention through awareness-raising and border control measures, strengthen victim protection services, improve coordination and capacity of frontline responders, and develop more comprehensive data systems to report on the number of child victims removed from exploitation and provided with appropriate support and social integration services.

This report is written in full consultation with representatives of the Lao Federation of Trade Unions (Representatives of Employees) and Lao National Chamber of Commerce and Industry (Representatives of Employers) and participation of relevant agencies.

Discussion by the Committee

Chairperson – Continuing the progress made today, the third case relates to the application of the Minimum Age Convention, 1973 (No. 138), by the Lao People’s Democratic Republic. For the discussion of this case, there are 20 speakers on the list. On this basis, the officers have decided to reduce the speaking time for delegates speaking in an individual capacity from five to three minutes. I now invite the Government representative of the Lao People’s Democratic Republic, the Deputy Director-General of the Department of Labour Management, to take the floor.

Government representative – I have my Deputy Minister of Labour and Social Welfare who is also sitting here next to me. The comment on which the Government is invited to respond today is an observation of the Committee of Experts on the application of the Convention, which Lao People’s Democratic Republic (Lao PDR) ratified in 2005.

In this regard, the Government has taken concrete steps to eliminate child labour, in line with the Convention, by strengthening legislation on the minimum age and hazardous work and advancing the National Action Plan on Prevention and Elimination of Child Labour, with a focus on the agricultural and informal sectors in rural areas. The Government has increased the number of trained labour inspectors and conducted targeted inspections, resulting in the identification of violations, withdrawal of children from hazardous work and enforcement of penalties. Furthermore, the Government has also implemented community-based programmes in rural districts to support vulnerable families and reduce reliance on child labour, while expanding access to education through scholarships, school feeding programmes and reintegration of working children into schools.

In cooperation with partners such as the ILO and UNICEF, the Government has carried out awareness campaigns to change attitudes towards child labour. Improved data collection, including national surveys, shows that the rate of child labour has declined from 41.5 per cent in 2017 to 23 per cent in 2023. However, the Government acknowledges that child labour remains prevalent, particularly in hazardous conditions and rural areas, and commits to further strengthening its efforts. The National Plan of Action is being considered as the National Strategy on the Elimination of Child Labour, and the Government assures the Committee that it will provide a full copy of the updated strategy immediately upon its formal adoption. The Government will continue to strengthen its data collection and monitoring systems to provide updated and reliable statistical information on the nature, extent and trends of child labour, in line with its obligations under the Convention. In this regard, the Government will improve administrative data systems to ensure comprehensive and disaggregated data by age, gender, sector and rural–urban location in collaboration with international partners.

Furthermore, the Government remains dedicated to maintaining transparency by continuing its collaboration with the Lao Statistics Bureau and UNICEF to produce regular, updated statistical data. This ongoing data collection will not only allow the Government to monitor the nature and extent of child labour trends, but also ensure that its “redoubled efforts” lead to the progressive and total elimination of child labour in the country.

The new Decree on Labour Inspection is now in force and actively implemented to strengthen the monitoring of child labour in line with the Convention. Under this Decree, the authority and capacity of labour inspectors have been enhanced, including the ability to conduct inspections in both the formal and informal sectors, particularly in rural and high-risk areas. The Government has increased the number of trained inspectors and carried out targeted inspections in sectors such as agriculture, construction, and small-scale enterprises, leading to the detection of cases of underage and hazardous child labour. The Government will continue to strengthen enforcement and provide detailed data on inspection activities, violations and penalties in future reports.

Regarding hazardous work for under 16 years of age: The Government is committed to taking the necessary measures to bring the national legislation into full conformity with the Convention by ensuring that no child under the age of 16 is authorized to perform hazardous work under any circumstances. Regarding Decision No. 4677/MOLSW of 2023 (Decision No. 4677), it was introduced to update the list of hazardous occupations and to better regulate the participation of young persons in vocational training and apprenticeship settings, including allowing 15-year-olds to engage in certain work activities only under strict conditions, such as safety training, supervision, technical guidance and the provision of protective equipment. However, the Government recognizes the concern that this provision is not fully aligned with Article 3(3) of the Convention, which clearly sets 16 years as the minimum age for any authorization to perform hazardous work, even when protective measures and training are provided. The Government acknowledges that maintaining this lower age threshold may create a risk of inconsistency with international labour standards on child protection. In addition, the Ministry of Labour and Social Welfare is currently reviewing Decision No. 4677 with the aim of bringing the national legislation fully into compliance. This includes assessing amendments to ensure that all hazardous work is strictly prohibited for persons under 16, while strengthening vocational training frameworks that are safe and non-hazardous for younger adolescents. The Government also indicates its commitment to improving enforcement, inspection and reporting mechanisms, and will provide updates on legislative revisions and implementation of progress to the relevant supervisory bodies.

Regarding the minimum age for apprenticeship, the Government confirms that the Law on Vocational Education (Amended) No. 63/NA of 2019 sets the minimum age for entering into basic vocational training and apprenticeship programmes at 14 years. This legislative provision is designed to align with Article 6 of the Convention, which permits vocational training for individuals from the age of 14 in Member States whose economic and educational facilities are still in a stage of development. This age threshold is further reinforced by Article 102 of the Labour Law (Amended) No. 43/NA, which stipulates that employers may only engage persons between the ages of 14 and 18 for specific types of work that are not hazardous or do not impede their physical or mental development.

Consequently, any apprenticeship undertaken by a 14-year-old is legally categorized as a learning and skill-acquisition process rather than exploitative employment. As requested by the Committee of Experts, the following translated provisions from the National Gazette are provided as evidence of compliance, as provided in article 24: “Basic vocational training provides short-term technical and vocational skills to individuals to enable them to secure a career and find employment. This level of training is specifically intended for students who have completed primary school or those who have not yet finished general education, provided that the participants in these programmes are at least 14 years of age”.

In addition, article 85: “Vocational education institutions are strictly prohibited from allowing students or apprentices to perform work that is heavy, dangerous to their health, or in violation of the regulations concerning the protection of children and young workers”.

However, the Government remains steadfast in its efforts to bridge the gap between basic education and the labour market through safe, regulated vocational pathways. By maintaining the apprenticeship age at 14, the Government ensures that youth who have completed their primary and lower-secondary cycles have immediate access to skills-building opportunities, thereby reducing the risk of informal and unprotected child labour. All such programmes are subject to inspection by the Ministry of Labour and Social Welfare to ensure strict adherence to the safety standards mandated by both national law and international Conventions.

In conclusion, the Government reaffirms its commitment to continue observing and implementing ratified ILO Conventions. In this regard, the Government would like to take this opportunity to request the Committee, the ILO, all international development partners and the social partners to appreciate its constraints, as well as the efforts of the Government and the social partners to ensure the implementation of the Convention effectively.

Let me end by thanking the Committee in advance for its advice in these matters and assuring it of the Government’s fullest cooperation.

Employer members – The present case involves the examination of the application in law and practice of the Convention in the Lao People’s Democratic Republic. Since the ratification of the Convention in 2005, the Committee of Experts has maintained a constant supervision, issuing observations in 2017, 2019, 2023 and, most recently, in 2025. It is the first time that the Committee has discussed the application of this Convention in law and practice by this country.

We wish to thank the Government for providing written information for this meeting, and for the information provided orally and, as we have indicated in other cases, we consider that the willingness to engage in dialogue and provide updated information are promising signs of a genuine commitment to the eradication of child labour.

However, after an exhaustive analysis of the comments of the Committee of Experts, we observe critical failings that require not only legislative reforms, but also a deep-rooted process of institutional strengthening. With regard to the national policy and application in practice, and in particular the challenge of rural informality, the Employer members have noted with optimism the statistical data showing a significant reduction in the rate of child labour, which was 23 per cent in 2023 for children between the ages of 5 and 17 years.

Nevertheless, we cannot overlook the fact that almost one in four children in Lao PDR are still working. This figure continues to be alarmingly high. We note that, according to the statistics provided by the Government, the incidence is much higher in rural areas than in urban areas. We also note with concern the indication in the report of the Committee of Experts that children in Lao PDR are exposed to extreme conditions, such as cold, heat, excessive humidity and work using dangerous tools or heavy machinery. In contrast, we welcome the indication by the Government that it is in the process of developing a new National Strategy on the Prevention and Elimination of Child Labour.

As in other areas of the world, child labour in Lao PDR is prevalent in family agriculture and the informal economy. The Employer members emphasize that lack of awareness of the negative effects of child labour on the development of children often leads to cultural approval and their contribution to family income, even though the practice, in addition to being unacceptably prejudicial to the rights of girls and boys, is prejudicial to the entire productive system, and particularly for young adults entering the world of work after being deprived of their right to education.

We urge the Government to intensify its efforts to raise community awareness, change these perceptions and provide support to families, employers and workers for the consolidation of these principles. In view of the contrasting nature of this information, the Employer members insist that a strategy on paper is not sufficient. We call on the Government, once the new Strategy has been approved, to provide detailed information on its implementation in practice and the financial resources allocated to ensure that it is not a dead letter.

With reference to the critical discrepancy with the age for hazardous work set out under the terms of Article 3 of the Convention, there are serious failures of compliance in this case. Article 3 is clear. The minimum age for admission to any employment which is likely to jeopardize health or safety shall not be less than 18 years, and exceptions are only permitted where it is agreed to reduce the age to 16 years under strict conditions relating to protection and training, after consultation with the organizations of employers and workers concerned. In contrast, Decision No. 4677 specifies 15 years as the age at which it is possible for young persons to perform hazardous work, provided they receive technical guidance and adequate safety equipment. This provision is in violation of the terms of the Convention.

The Government has acknowledged in its report that this provision is not fully aligned with Article 3 and has expressed its intention of revising this decision. The Employer members urge the Government to accelerate this legislative reform and we emphasize that there can be no argument to justify any delay in complying with this provision. There can be no exceptions for young persons under 16 years of age engaged in hazardous work irrespective of the level of supervision or the equipment provided. Compliance with this provision is not a mere formality. A child of 15 years of age exposed to physical, chemical or mechanical risks not only endangers their immediate physical safety, but also their cognitive development, continued school attendance and long-term health. The situation is also aggravated by a structural trap. Children who work under hazardous conditions find it difficult to complete their education, which condemns them to low productivity jobs as adults, perpetuating the cycle of poverty which compelled them to work in the first place.

In relation to compliance with Article 6 of the Convention on access to vocational training and apprenticeship, we note that the Committee of Experts has requested clarifications concerning vocational training, in relation to the Law on Vocational Education No. 63/NA, as amended. We note the indication by the Government in its statement that section 24 defines basic vocational training and explicitly provides that those participating must be at least 14 years of age. We thank the Government for the clarification that this limit is deduced from the prior education levels that are established as being compulsory.

However, with reference to the prohibition on apprentices performing work that is heavy or hazardous to their health, we note that this prohibition is not specified in the wording of the provision, but is specified in the additional documentation, and we request the Government to clarify this situation. The Employers are aware that the challenge in Lao PDR is to ensure that these apprenticeship programmes are not used as a cover for exploitative work in the informal sector and we request the Government to keep a strict record of these programmes and ensure that the labour inspection services have access to training centres.

In this regard, the Committee of Experts has commented on compliance with Article 9 of the Convention in relation to the strengthening of labour inspection. The Employer members note with optimism the entry into force of the Decree on Labour Inspection No. 289 of July 2025. This new provision provides labour inspectors with robust powers, permits them to enter workplaces, interview employees and employers and gives them the power to order the immediate suspension of hazardous machinery and to impose fines.

Nevertheless, the Committee of Experts noted with concern the absence of specific data on inspection activities. The Government indicates that the number of inspectors has increased, but at the same time inspectors report that they have not detected cases of child labour in recent inspections. This contrast between the high statistical rate of child labour and the failure of inspectors to detect it suggests that there remain shortcomings in the scope of the system, especially in the informal economy and in rural areas. We urge the Government to ensure that inspection capacities are strengthened, including through the training of inspectors in child labour and protected work by young persons, and to evaluate the resources provided, access to transport facilities and appropriate technology to reach remote areas.

Finally, but no less important, we must refer to protection against exploitation and the trafficking of young persons. We cannot conclude this analysis without referring to the vulnerability of children to the worst forms of child labour. We note the efforts made under the Anti-Human Trafficking Law and the training of 277 police and border officials. We also note the cooperation with the Lao Women’s Union through which assistance was provided to 266 child victims between 2017 and 2022. Nevertheless, the low figures for the investigation and conviction of traffickers continues to be an institutional weakness. The Employer members emphasize that action to combat child labour cannot be separated from protection against commercial exploitation and the urge the Government to ensure that this is implemented in practice.

We therefore call on the Government to ensure that exhaustive investigations are carried out and robust criminal proceedings launched, and that all those responsible are convicted, with sufficiently effective and dissuasive penalties imposed. We also request the Government to continue providing detailed information on the number of investigations carried out, the proceedings launched and convictions.

Worker members – This is the first occasion on which our Committee has examined the application of the Convention by Lao PDR. However, concerns regarding the prevalence of child labour and the need for strengthened action to combat this phenomenon have been raised repeatedly by the Committee of Experts over a number of years.

At the outset, the Worker members note with concern that child labour remains a significant challenge in the country, affecting approximately 23 per cent of children aged 5 to 17 in 2023. The statistical information provided reveals significant disparities between rural and urban areas, with 26 per cent of children in rural areas engaged in child labour compared with 16 per cent in urban areas. The data further indicate that many children continue to perform hazardous work, including exposure to extreme environmental conditions, dangerous tools and machinery, and the carrying of heavy loads.

The Worker members take note of the measures reported by the Government to address child labour. In particular, we note that a new National Action Plan on the Prevention and Elimination of Child Labour, which is expected to include targeted measures for the agricultural and informal sectors, remains pending adoption. We also acknowledge the implementation of community-based programmes in rural districts aimed at supporting vulnerable families and reducing reliance on child labour, as well as initiatives to expand access to education through scholarships, school feeding programmes and the reintegration of working children into the education system.

While we welcome the reported reduction in child labour from 41.5 per cent in 2017 to 23 per cent in 2023, we share the concerns of the Committee of Experts that the incidence of child labour remains unacceptably high. Progress is encouraging, but sustained and intensified efforts are still required.

The Worker members therefore consider it essential that the Government further strengthen its efforts to eliminate child labour, with particular attention to rural areas and hazardous forms of work. We would appreciate additional information on the implementation of prevention and assistance measures, school retention and reintegration programmes, and, importantly, the concrete results achieved. We also encourage the Government to adopt and implement, without further delay, the National Action Plan on the Prevention and Elimination of Child Labour and to ensure its effective monitoring and evaluation in consultation with the social partners.

Turning to labour inspection, we note the information provided by the Government concerning the entry into force of the Decree on Labour Inspection, which reportedly strengthens the mandate and authority of labour inspectors, including their ability to conduct inspections in both the formal and informal economy, particularly in rural and high-risk areas. We also note the reported increase in the number of trained inspectors and the targeted inspections carried out in sectors such as agriculture, construction and small enterprises, which have led to the identification of cases of child labour and hazardous work performed by children.

While these developments are welcome, we regret the limited information available regarding the operation and impact of labour inspection services in practice.

Effective enforcement is a cornerstone of the Convention. In the absence of detailed information on inspections conducted, violations detected, penalties imposed and follow-up measures taken, it remains difficult to assess the effectiveness of implementation and enforcement.

In this regard, the Worker members encourage the Government to further strengthen the capacity, coverage and resources of the labour inspectorate, particularly in rural and remote areas, and to ensure that inspectors are fully equipped to identify, prevent and address child labour in all its forms.

The Worker members also take note of the legislative developments concerning hazardous work. However, the Worker members remain concerned by Decision No. 4677, which appears to permit children from the age of 15 to engage in hazardous work under certain circumstances. We recall that Article 3(3) of the Convention allows such exceptions only from the age of 16 and only under strict conditions guaranteeing the full protection of the health, safety and morals of young persons.

The Worker members note the Government’s indication that Decision No. 4677 is currently under review with a view to ensuring full compliance with the Convention, including provisions to prohibit hazardous work for all persons under the age of 16 and to strengthen safe and non-hazardous vocational training opportunities for younger adolescents. The Worker members therefore urge the Government to bring its legislation into full conformity with the Convention as a matter of priority.

At the same time, the Worker members note the adoption of provisions regulating light work from the age of 12, provided that such work does not prejudice a child’s education, health or development. The Worker members encourage the Government to ensure that these provisions are effectively monitored and strictly enforced in practice.

Finally, we note the information provided concerning the Law on Vocational Education (Amended) No. 63/NA of 2019, which establishes a minimum age of 14 years for admission to apprenticeship programmes in accordance with the Convention.

In conclusion, the Worker members remain concerned by the persistently high incidence of child labour, particularly in rural areas and in hazardous forms of work. The Worker members urge the Government to take robust and sustained action through a comprehensive approach that combines effective implementation of plans and programmes, improved access to education, strong labour inspection and targeted prevention measures. Particular attention must be given to rural communities, where child labour remains most prevalent and where children continue to face the greatest risks. The elimination of child labour is not only a legal obligation under the Convention; it is a prerequisite for ensuring that every child can enjoy their right to education, development and decent future opportunities. We therefore call on the Government to accelerate its efforts and to work closely with workers’ and employers’ organizations to achieve tangible and lasting progress.

Employer member, Lao People’s Democratic Republic – I am honoured to speak today on behalf of the Lao National Chamber of Commerce and Industry (LNCCI), representing the employers and the business community of Lao PDR.

The LNCCI wishes to align itself with the statement delivered by the Government and explicitly voices the strong support of the Lao business sector for the Government’s constructive responses and ongoing efforts regarding the implementation of the Convention.

As representatives of the private sector, we firmly believe that a responsible, sustainable, and compliant business environment is fundamental to Lao PDR’s integration into regional and global supply chains. The LNCCI views the eradication of child labour not only as a compliance requirement, but as a crucial pillar for developing a skilled, educated and resilient future workforce. To this end, we have consistently championed corporate social responsibility and strict adherence to national labour laws among our members.

The LNCCI would like to highlight the practical steps the private sector is taking to support the Government in fulfilling its obligations under the Convention:

• Promoting codes of conduct and compliance: the LNCCI actively encourages enterprises, particularly in sectors such as agriculture, garments and tourism, to adopt codes of conduct that strictly prohibit the recruitment of underage workers. We are working to ensure that minimum age standards are mainstreamed into corporate hiring policies.
• Supply chain auditing and guidance: we have developed and distributed practical toolkits and guidelines for small and medium-sized enterprises (SMEs) to help them monitor their supply chains. This is aimed at eliminating the risk of informal, underage labour among subcontractors, which remains one of our most complex challenges.
• Public–private partnerships for education and skills: recognizing that keeping children in school is the best deterrent against early entry into the labour market, the LNCCI actively supports technical and vocational education and training programmes. By strengthening the links between schools and future employers, we provide clear legal career pathways for youth at the appropriate legal age.

Lao PDR is an economy characterized by a large agricultural sector and a vast number of micro, small, and medium-enterprises (MSMEs). Navigating compliance within these informal structures presents genuine operational challenges. It is our firm view that these challenges are best met through capacity-building, institutional strengthening and continuous awareness-raising, rather than through measures that disrupt trade or economic progress.

We commend the Government for maintaining an open, consultative and highly collaborative relationship with the employers through our national tripartite mechanisms. The LNCCI remains fully committed to this partnership, ensuring that business growth goes hand-in-hand with social responsibility and international labour standards.

In conclusion, the LNCCI calls upon this Committee to take a balanced and supportive approach in its conclusions. We urge the ILO and the international community to continue providing targeted technical assistance to both the public and private sectors in Lao PDR, helping us build a robust, child-labour-free economy.

Worker member, Lao People’s Democratic Republic – The Lao Federation of Trade Unions (LFTU) highlights its commitment to eliminating child labour and upholding the Convention, seeing child labour as a critical issue of children's rights, social justice, decent work and sustainable development. Despite government efforts, child labour remains high, especially in the informal economy. The LFTU notes significant gaps in enforcement, monitoring and protection, particularly in rural areas.

The LFTU shares the Committee of Experts’ concern about legislative inconsistencies. Specifically, Decree No. 4677 sets the minimum age for hazardous work at 15 years and contradicts Article 3 of the Convention, which specifies 18 years for hazardous work, with a limited exception of 16 years, under strict safeguards. The LFTU also emphasizes that apprenticeship programmes must be properly regulated and establish a minimum age of at least 14 years to prevent premature entry into the labour market. Clear legal provisions are crucial for protection and continued education.

To combat child labour, the LFTU identifies five key priorities beyond legal amendments:

• Strengthen labour inspection services by providing adequate staffing, resources and training for inspectors, especially in remote and high-risk sectors.
• Address child labour in the informal economy by improving community-based monitoring, local coordination and awareness among employers and families.
• Improve access to quality education by keeping children in school to prevent child labour.
• Expand social protection systems by supporting vulnerable households to reduce economic pressures leading to child labour.
• Prioritize social dialogue by engaging trade unions, employers’ organizations and social sectors in awareness-raising, monitoring and policy development.

The LFTU calls for the Government to address legislative gaps, strengthen enforcement and intensify efforts against child labour, especially in hazardous work and the informal economy, to ensure all children have access to education and a future free from exploitation.

Government member, Cyprus – I am speaking on behalf of the European Union (EU) and its Member States. The candidate countries North Macedonia, Montenegro, Albania, Ukraine and the Republic of Moldova, as well as the European Free Trade Agreement (EFTA) country Norway, member of the European Economic Area, which align themselves with this statement.

The European Union and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, children’s rights and the fight against child labour, as enshrined in the Convention. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

The European Union and its Member States have been committed development partners of Lao PDR, including through the “Everything But Arms” arrangement under the European Union’s General Scheme of Preferences. The trade benefits granted under the “Everything But Arms” arrangement are subject to the condition that Lao PDR respects core international principles, enshrined in core United Nations and ILO Conventions.

We note with concern that the number of children engaged in child labour in the country remains high, despite the decrease observed since 2017. We request the Government to intensify its efforts to ensure the progressive and complete elimination of child labour, including in hazardous work and rural areas, and to step up the provision of detailed information to the Committee of Experts on the measures taken and results achieved, including disaggregated statistical data.

We also take note of the written information provided by the Government related to the actions undertaken to eliminate child labour and strengthen legislation on minimum age and hazardous work, including the development of a new National Action Plan on the Prevention and Elimination of Child Labour. We note with interest the Government’s commitment to further strengthening its efforts and we encourage the Government to proceed swiftly with the adoption of the updated National Action Plan. Upon adoption, it should be shared with the Committee of Experts.

In order to effectively monitor and detect cases of child labour, the capacities of the labour inspection services should be adapted and reinforced. We request the Government to strengthen its efforts in this regard, both in the formal and informal economy. We note the Government’s indication that the new Decree on Labour Inspection is now in force and actively implemented to strengthen the monitoring of child labour, particularly in rural and high-risk areas, and we encourage the Government to provide additional information on the activities of the labour inspectorate, including on the number and nature of violations detected and the penalties imposed.

We note with concern that the age of admission to hazardous work is still not aligned with the provisions of the Convention. We request the Government to take the necessary measures without delay to bring its legislation into conformity, to ensure that children under 16 may not, under any circumstances, be authorized to perform hazardous work.

We are further concerned by the reported increase in trafficking of women and children, the low prosecution rates and the insufficient resources to combat this serious issue. We reiterate the Committee of Experts’ call to the Government to take all necessary measures to prevent and combat the worst forms of child labour, in particular the trafficking and commercial sexual exploitation of children under 18, and to ensure thorough investigations and prosecutions, as well as the imposition of effective and dissuasive penalties for all perpetrators.

We recall the importance of the fundamental ILO Conventions not yet ratified by Lao PDR, namely the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Abolition of Forced Labour Convention, 1957 (No. 105), along with the governance Convention, the Labour Inspection Convention, 1947 (No. 81).

The ratification and effective implementation of these Conventions, together with other Conventions on human rights, environment and good governance, will constitute a prerequisite for Lao PDR to apply to become a beneficiary of the Generalised System of Preferences Plus trade scheme with the European Union once the country graduates from its “Least Developed Country” (LDC) status.

The European Union and its Member States remain committed to a joint constructive engagement with Lao PDR with the aim of strengthening the Government’s capacity to address the issues raised in the Committee of Experts’ report.

Government member, Philippines – I deliver this statement on behalf of the 11 Member States of the Association of Southeast Asian Nations (ASEAN). ASEAN commends the Government for its constructive steps, political will and continuous efforts to fulfil its obligations under the Convention. As an active member of the global community and a committed member of ASEAN, the Lao PDR has consistently demonstrated its dedication to the fundamental principles and rights at work, particularly the progressive elimination of child labour. This commitment is evidenced by its comprehensive national legislative frameworks which explicitly align with international standards to protect young people and ensure their rights to education and development.

ASEAN takes as a positive note the proactive measures undertaken by the Government, including legislative and policy alignment, the ongoing refinement and effective implementation of the comprehensive employment law and national legal frameworks that clearly define minimum working age thresholds and restrict hazardous labour.

Targeted national campaigns: The recent launch of coordinated multi-sectoral national awareness campaigns developed in partnership with domestic social partners and international stakeholders to prevent and eliminate child labour at the grassroots and community levels.

Socio-economic interventions: The integration of child labour elimination strategies into broader national development goals, including reduction, vocational and technical education reform, and the systematic expansion of the national social protection system with the technical support of the ILO.

ASEAN firmly believes that addressing compliance issues within this Committee should be approached through a spirit of constructive tripartism, mutual respect and social dialogue. Complex socio-economic challenges, such as the total eradication of child labour in developing economies, require sustained technical assistance, capacity-building and localized institutional support, rather than punitive scrutiny. In this regard, ASEAN appreciates the ongoing cooperation between the Government and the ILO. We highly encourage the ILO and international partners to continue providing tailored technical assistance to strengthen the capacity of Lao PDR’s labour inspectorate and statistical systems and local administrative bodies.

In conclusion, ASEAN reiterates its full confidence in the Government’s commitment to continuously improve its labour standards and effectively implement the Convention in both law and practice. ASEAN calls upon the Committee to reflect the progress made, the concrete responses provided and the specific national realities of Lao PDR in its conclusions.

Government member, Viet Nam – We align ourselves with the statement delivered by the distinguished delegate of the Philippines on behalf of the ASEAN Member States. Viet Nam has taken note of the observations of the Committee of Experts and the information provided by the Government concerning the application of the Convention. We recognize the efforts undertaken by the Government to strengthen its legal and institutional framework for the protection of children and the elimination of child labour, including through measures relating to labour inspection, age verification and access to education. We also welcome the Government’s continued engagement with the ILO supervisory mechanisms and its cooperation with employers’ and workers’ organizations in addressing child labour and promoting the effective implementation of the Convention.

We recognize that challenges remain. In this regard, continued engagement with the ILO and social partners will be important in supporting further progress. Viet Nam therefore encourages the continuation of technical cooperation and capacity-building support to the Government in implementing the Convention and addressing the remaining challenges.

Employer member, Cambodia – On behalf of the Cambodian Federation of Employers and Business Associations (CAMFEBA), I offer our perspective on the Government’s implementation of the Convention. The Committee of Experts shows persistent gaps in the Government’s implementation of the Convention. The rate of child labour remains high in the country with concerning numbers of children engaged in hazardous work. Most critically, Decision No. 4677 continues to permit hazardous work for children under 16 in violation of Article 3(3) of the Convention.

However, against this backdrop, a positive shift is happening. The Committee of Experts’ report references a decrease in child labour over the course of seven years. From 41.1 per cent in 2017 to 23 per cent in 2023. The decline is significant, showing encouraging progress that should not only be noted in passing. Rather, the progress needs to be examined carefully by all concerned parties, including the Office, to capture lessons learned and to identify further avenues of policies and support for the Government.

It is also our view that gaps identified by the Committee of Experts are not due to the lack of political will, but to constraints in institutional capacity and resources. The Government needs stronger legal frameworks, better trained labour inspectors and more efficient tripartite mechanisms. We therefore call on the Government to take three urgent actions: amend Decision No. 4677 to prohibit hazardous work for all children under 16; strengthen labour inspections with adequate resources; and deepen social dialogue through regular tripartite consultations. But these actions require support. We appeal to the Office to provide technical assistance to both the Government and the social partners, including legal revision support and capacity-building for labour inspectors.

We call on the Committee to adopt balanced conclusions that acknowledge progress, highlight persistent gaps and call for coordinated action to ensure every child in the country is protected, in accordance with the Convention.

Worker member, Philippines – Lao PDR is famously known as the land of a million elephants, but it appears that there is another elephant in the room. I hope it is not. I can identify it as the reduction of protection for children. The Government decided to lower protection from 16 years old to 15. This is not progress, but leaving children behind. Progress should mean raising standards for children, not lowering those standards.

We submit that childhood is not a probationary period for dangerous work. The workers of the Philippines share the concerns expressed by the Committee of Experts.

We acknowledge the efforts made by the Government. The Labour Law generally reflects the requirements of the Convention. The minimum age for employment is 14 and light work is permitted from age 12. However, in December 2023, Decision No. 4677 introduced a troubling change. While revising the list of hazardous occupations, it lowered the minimum age for hazardous work from 16 to 15. At first glance, one year may seem like a small difference, but with regard to hazardous work, one year is not a rounding error. For a child operating dangerous machinery, carrying heavy loads or working in harmful conditions, that year can make all the difference.

We support the concern of the Committee of Experts. Article 3(3) of the Convention is clear. Hazardous work may be permitted only from the age of 16 and only under strict safeguards. The Convention sets 16 as the protective floor. Decision No. 4677 lowered that floor. When a floor is lowered, children do not rise higher. They simply fall farther.

While Decision No. 4677 provides for training and protection measures, a hard hat is not a substitute for childhood. Protective gloves cannot cure a legal standard that falls below the Convention.

Interpretation from Russian: Government member, Russian Federation – The Government of the Lao People’s Democratic Republic is taking consistent steps in accordance with its obligations under the Convention, as well as other applicable international standards. These include both legislative measures and comprehensive practical steps aimed at combating child labour. In particular, in collaboration with authoritative international organizations, including UNICEF, programmes are being implemented to raise awareness on the issue of child labour. The legislation adopted explicitly prohibits the employment of persons under 16 in hazardous work and restricts the admission of persons under the age of 14 to apprenticeship programmes.

The Government is taking active steps to counter trafficking in persons, including the trafficking of minors. To this end, an inter-sectoral legislative package, covering the labour, social and criminal justice spheres, has been adopted. Training programmes for law enforcement and social service personnel are being implemented. Given the context, it’s clear that the Government of the Lao People’s Democratic Republic is taking all the necessary measures to counter child labour. Although the problem still exists, it can be stated that the country has a strong legal framework in place to address it, and with its steps in practice, the Lao People’s Democratic Republic is showing its willingness to implement legislation. We support the Government of the Lao People’s Democratic Republic in its efforts to eliminate child labour, and we call on the ILO to provide technical assistance on this matter to the Lao People’s Democratic Republic.

Worker member, Singapore – I would like to join my fellow workers’ representatives to express our concern regarding the continued failure of the Government to comply with the Convention, particularly in relation to the Law on Vocational Education (Amended) No. 63/NA of 2019. While we note the Government’s efforts to strengthen its vocational education framework, the Committee of Experts has identified significant gaps in the Law that are not in conformity with the Convention.

Firstly, the Law does not clearly establish a minimum age for admission to apprenticeships and vocational training in line with the Convention. The absence of a clear and explicit minimum age requirement creates legal uncertainty and opens the possibility for children to enter vocational pathways prematurely. The Committee of Experts notes that the Government has not specified whether the amended Law on Vocational Education (Amended) No. 63/NA sets a minimum age of at least 14 years for admission to apprenticeships. This is particularly problematic where it may allow entry into training before the completion of compulsory education, which runs counter to the fundamental principle of the Convention, that children must not be drawn into economic activity at the expense of their basic education.

Secondly, the Law does not sufficiently ensure that vocational education is compatible with children’s right to education and development. There is a lack of clear safeguards to guarantee that training programmes are genuinely educational and not combined with work arrangements that may amount to economic exploitation. Without clear legal provisions on the nature, conditions and oversight of apprenticeships, the distinction between education and work remains blurred, increasing the risk that children are exposed to inappropriate or premature work situations.

Thirdly, the Law lacks adequate provisions to ensure effective supervision and oversight of vocational training programmes. The Committee of Experts has noted the need for stronger mechanisms to monitor implementation and ensure compliance.

We call on the Government to take urgent and concrete steps:

First, amend the Law to explicitly establish a minimum age for admission to vocational training and apprenticeships that is fully aligned with the Convention.

Second, introduce clear legal provisions to ensure that all vocational training programmes are genuinely educational in nature, with defined learning outcomes and strict safeguards that prevent their use as a source of labour.

Third, strengthen the Law by incorporating robust supervision, and monitoring and enforcement mechanisms, including coordination between the education authorities and labour inspectorates.

Finally, ensure that these reforms are developed through meaningful social dialogue, with the full involvement of workers’ and employers’ organizations.

Government member, Switzerland – Switzerland supports the statement made by the European Union and wishes to raise the following points.

Switzerland notes the information provided by the Government concerning the application of the Convention, and the comments made by the Committee of Experts.

We note with interest the current preparation of a new National Action Plan on the Prevention and Elimination of Child Labour, which will soon be submitted to the Cabinet for approval. We encourage the authorities to adopt this Action Plan rapidly and ensure its effective implementation.

Switzerland also notes the progress achieved, and particularly the reduction in the rate of children engaged in child labour, which has fallen from 41.5 per cent in 2017 to 23 per cent in 2023. However, this rate remains high, particularly in rural areas, where children are more exposed, including to hazardous work.

We therefore encourage the Government to pursue and intensify its efforts for the progressive elimination of child labour, and particularly its hazardous forms, and to provide detailed information on the measures taken and results achieved.

Switzerland notes the intention to adopt a new Decree to strengthen labour inspection. We invite the authorities to specify the activities carried out in this field and to ensure that the inspection services are provided with the necessary resources to ensure effective inspection in both the formal and informal economy.

We also note with concern that the current legislation permits access to certain types of hazardous work from the age of 15 years. We recall that, in accordance with the Convention, this threshold should be 16 years as a minimum, subject to strict guarantees in relation to safety and health and training. We encourage the Government to continue its effects to bring the legislation into full conformity with the provisions of this fundamental Convention.

Worker member, Japan – Child labour remains a serious challenge in Lao PDR, particularly in agriculture and other sectors where children are exposed to hazardous conditions. The persistence of hazardous child labour is not simply a consequence of poverty; it is also a consequence of inadequate enforcement and insufficient political will. The Convention establishes a fundamental principle: children belong in school, not at work. Every child engaged in hazardous labour is a child whose right to education, health, development and a decent future is being denied. We therefore fully support the request of the Committee of Experts and urge the Government to take immediate and concrete measures to:

First, substantially strengthen and reinforce the labour inspection system so that inspectors can effectively monitor workplaces and detect child labour throughout both the formal and informal economy, including in remote rural areas.

Second, ensure that labour inspections lead to effective enforcement, including the identification of violations, the imposition of appropriate sanctions and the removal and protection of children found in hazardous work.

Third, provide comprehensive and transparent information on the measures taken and the results achieved, including labour inspection statistics, the number and nature of the violations identified, the penalties imposed and the actions taken to withdraw children from child labour.

The Japanese trade union movement strongly supports international efforts to eliminate child labour in all its forms. In this regard, Japan has been supporting efforts in Lao PDR through cooperation with the ILO and other partners. This includes support for the collection of reliable data through national child labour surveys, which are essential to understand the scale and characteristics of child labour and to develop effective policies and targeted interventions. In addition, the Japan International Labour Foundation has been implementing projects aimed at improving the livelihoods and incomes of workers in the informal economy and at strengthening workers’ organizations at the community level. Such initiatives contribute to reducing the economic vulnerabilities that often push families to rely on child labour and help create conditions in which children can remain in school and enjoy their childhood.

However, international cooperation cannot substitute for national responsibilities. External support can assist and complement national efforts, but the primary responsibility for ensuring compliance with the Convention rests with the Government. The continued existence of child labour, particularly hazardous child labour, demands urgency, not promises. Children need effective protection now. We therefore urge the Government to translate its commitments into concrete action and measurable results so that every child in Lao PDR can enjoy their right to education, health, safety and a future free from exploitation.

Government member, Cuba – Cuba welcomes the useful document provided by the Government containing information on the measures adopted to give effect to the requirements of the Convention. We particularly value and welcome the willingness and disposition of the Government to maintain open and constructive dialogue with this Committee, and its positive response to the request to provide information in writing. We particularly emphasize the sustained efforts that have been made by the Government to strengthen the system for the compilation of data and to monitor the situation in collaboration with experts from the Lao Statistics Bureau and the United Nations Children’s Fund (UNICEF).

This action to generate updated, reliable and disaggregated statistical data is an important and positive step in facilitating understanding of the nature, scope and trends of child labour and in guiding public policies more effectively. We also recognize the effective progress made in relation to labour inspection with the entry into force of the new Decree on Labour Inspection, the increase in the number of trained labour inspectors and the specific inspections carried out in such sectors as agriculture and construction,

This demonstrates a tangible commitment to the application of the law and the protection of children. We also welcome the adoption of legislative provisions such as the Law on Vocational Training (as amended) No. 63/NA and the Labour Law, which seek to bring the minimum age for apprenticeship into conformity with the provisions of Article 6 of the Convention, while at the same time explicitly prohibiting hazardous work by young persons. Although there remain challenges, as in all countries, we welcome the Government’s receptive attitude to the concerns raised by the Committee of Experts and the specific action taken, which bear witness to its firm determination to intensify preventive action, ensure the prosecution of offenders and strengthen protection systems.

Interpretation from Russian: Government member, Belarus – First of all, our thanks go to the Government of the Lao People’s Democratic Republic for providing the information before us. The Government is demonstrating its steadfast commitment to applying the Convention and consistently carrying out a set of measures to eliminate child labour.

We welcome the efforts of the Government to improve the legislation in this area, in particular the establishment of a minimum age for admission to work and the prohibition of hazardous work for persons under 18 years of age, as well as limiting working hours for minors along with measures to protect their health and safety. The adoption and implementation of the National Action Plan on the Prevention and Elimination of Child Labour is making a significant contribution to the policy on child labour prevention applied in the Lao People’s Democratic Republic through monitoring the situation at the national and local levels, and providing training for labour inspectors and representatives of the private sector. The Government of the Lao People’s Democratic Republic is actively cooperating with the ILO, UNICEF and other United Nations agencies to organize awareness-raising campaigns aimed at changing public attitudes towards child labour and raising awareness of children’s rights. Therefore, the Lao People’s Democratic Republic has not only aligned itself with international standards on child protection, but is also taking practical measures to reduce child labour, strengthen the enforcement of legislation and safeguard children’s rights to education and a safe childhood. We welcome the commitment of the Lao People’s Democratic Republic to a constructive approach, and we call on the Office to provide the necessary technical assistance so that the country can make progress in fulfilling its obligations under ILO Conventions and strengthen its potential in the social and labour sector.

Interpretation from Chinese: Government member, China – We give thanks for the detailed statement delivered by the representative of the Government. China notes that the Government has taken active measures to fulfil its obligations under international law for the protection of labour rights. Since ratifying the Convention in 2005, the Government has continuously improved its domestic legal framework, developed relevant national action plans and prioritized policies for rural areas and the informal economy. The Government has also launched assistance programmes, provided subsidies to vulnerable families to reduce child labour and offered scholarships and school meals to help working children return to school. In light of its national development realities, the Government has earnestly implemented its obligations under the Convention and achieved positive progress and accomplishments which deserve our recognition. China hopes that the Office will keep in close contact with the Government, provide the necessary technical assistance based on its actual needs and help the Government to further enhance its capacity to implement the Convention and advance decent work and social justice in the country.

Government representative – We reach the conclusion of the discussion on this individual case regarding the application of the Convention. First and foremost, my delegation wishes to express its sincere appreciation to the Chairperson and the officers of this Committee for the professional, transparent and balanced manner in which these proceedings have been conducted. We also highly value the constructive interventions, insights and recommendations put forward by the Employer and Worker members, as well as the representatives of the various Member States who have spoken on this case. The eradication of child labour and the strict enforcement of minimum age standards are not merely statutory obligations under our ratified Conventions. They are core priorities deeply embedded within our national development agenda.

As we have detailed in our earlier submission, the Government has made significant strides in aligning our domestic legal framework, including our national labour law, national social and economic strategies and targeted action plans with the strict parameters of the Convention. We have listened very closely to the comments and concerns raised by the social partners today regarding the remaining gaps, particularly concerning the effective monitoring of the informal sector, agricultural communities and the capacity of our labour inspection system. We acknowledge these observations with the utmost sincerity. For a developing nation like Lao PDR, bridging the gap between rigorous legal provisions and full operational implementation across remote areas presents real structural and financial challenges.

However, let me assure this Committee that our political views remain unwavering. The challenges we face do not diminish our commitment. Rather, they sharpen our focus. Moving forward from this session, the Government pledges to prioritize the following key areas of action.

First, we will continue to refine and strengthen our labour inspection mechanisms, maximizing our available resources to better reach vulnerable and informal sectors where hidden child labour risks are most persistent.

Second, we will intensify our nationwide awareness campaigns, working closely with local authorities, communities and families to emphasize the critical importance of keeping children in school and out of hazardous work.

Third, we will further solidify our domestic tripartite cooperation, ensuring that our social partners, the workers’ and employers’ organizations of Lao PDR, are actively consulted and embedded in the monitoring and execution of our national strategy on the elimination of child labour.

No single nation can tackle the socio-economic root causes of child labour in isolation. To accelerate our progress, the Government will continue to seek and welcome the technical assistance and guidance of the ILO. We highly value the collaborative spirit of the ILO and look forward to partnering on targeted capacity-building programmes that will directly address the operational gaps discussed today.

In conclusion, we respectfully request the conclusions of this Committee to accurately reflect the substantial progress, genuine efforts and concrete milestones that Lao PDR has already achieved since ratifying the Convention. We ask that the Committee take into full consideration the socio-economic realities and resource constraints of our country, framing its final recommendations in a supportive, collaborative and forward-looking manner. The Government remains fully committed to the foundational values of the ILO. We depart this session with a renewed determination to protect our children, safeguard their futures and ensure that decent work becomes a reality for every citizen across our nation.

Worker members – The Worker members would like to thank the Government for its engagement in this discussion and for the additional information provided. We also thank all delegates who contributed to this constructive exchange.

In concluding our consideration of the application of the Convention by the Government, the Worker members recognize the efforts undertaken by the Government, while emphasizing that important challenges remain in ensuring the full and effective implementation of the Convention in law and in practice.

We take note of the information provided by the Government, including the pending adoption of a new National Action Plan on the Prevention and Elimination of Child Labour, as well as the implementation of measures aimed at addressing the root causes of child labour, including community-based programmes to support vulnerable families and initiatives to expand access to education through scholarships, school feeding programmes and the reintegration of working children into schools.

While we acknowledge the reported reduction in child labour since 2017, the data confirm that child labour remains a significant concern, affecting a substantial proportion of children in the country, particularly in rural areas and in hazardous forms of work. The persistent disparities between rural and urban areas, together with the continued prevalence of hazardous work involving dangerous tools and machinery, exposure to harsh environmental conditions and physically demanding tasks, demonstrate that sustained and targeted action remains urgently needed.

The Worker members also reiterate their concern regarding the limited information available on the functioning and effectiveness of the labour inspection services. Effective labour inspection is a cornerstone of the Convention and an essential tool for identifying, preventing and addressing child labour. In the absence of comprehensive information on inspections conducted, violations detected, sanctions imposed and follow-up measures taken, it remains difficult to assess the effectiveness of enforcement in practice. Strengthening the capacity, coverage and resources of the labour inspectorate, particularly in rural and remote areas, should therefore remain a priority.

The Worker members further reiterate their concern regarding the legal framework governing hazardous work. As highlighted by the Committee of Experts, Decision No. 4677 appears to permit children under the age of 16 to engage in hazardous work under certain circumstances. This is not compatible with Article 3(3) of the Convention. The Worker members therefore urge the Government to complete, without delay, the review of the legislation and to ensure full conformity with the Convention by prohibiting hazardous work for all persons under the age of 16.

At the same time, the Worker members take note of the provisions regulating light work from the age of 12 and emphasize the importance of ensuring that such work is strictly supervised and does not compromise children’s education, health, development or well-being.

The Worker members also note the information provided regarding the minimum age for admission to apprenticeship programmes and encourage the Government to continue ensuring that vocational education and training frameworks remain fully aligned with the requirements and objectives of the Convention.

In conclusion, the Worker members recognize the steps taken by the Government to prevent and reduce child labour. Nevertheless, the scale and persistence of child labour, particularly in rural areas and in hazardous conditions, demonstrate that further decisive and sustained action is required.

The Worker members therefore encourage the Government to intensify its efforts through a comprehensive approach that combines effective enforcement, quality education, social protection and targeted prevention measures, with particular attention to rural communities where child labour remains most prevalent.

In this regard, the Worker members encourage the Government to:

• One: intensify its efforts to eliminate child labour, particularly in rural areas and in hazardous forms of work, including through the adoption and implementation of the National Action Plan on the Prevention and Elimination of Child Labour, and to provide updated information on the measures taken and results achieved.
• Two: continue to implement and strengthen the community-based programmes and the measures aimed at expanding access to and retention in education, and provide information on their implementation and impact, particularly in rural areas.
• Three: strengthen the capacity, coverage, resources and effectiveness of labour inspection services, including in rural and remote areas, to ensure adequate monitoring and detection of child labour in both the formal and informal economy.
• Four: provide detailed information on labour inspection activities with regard to the detection of child labour cases, including the number and nature of the violations detected, and the penalties imposed.
• Five: review and amend Decision No. 4677 to ensure that no person under 16 years of age is authorized to perform hazardous work under any circumstances, in line with Article 3(3) of the Convention.
• Six: ensure that the light work permitted from the age of 12 is strictly limited in practice, effectively monitored, and does not harm children’s health or development or interfere with their education.
• Seven: provide updated and disaggregated statistical data on the nature, extent and trends of child labour in the country, including by age, sex and geographic location.

The elimination of child labour is both a fundamental obligation under the Convention and an essential condition for ensuring that every child can enjoy their right to education, healthy development and decent future opportunities. In this regard, the Worker members invite the Government to avail itself of the technical assistance of the Office in addressing the outstanding issues identified by the Committee of Experts and in further strengthening the effective implementation of the Convention.

Employer members – The Employer members thank the Government for the information provided and the firm commitment expressed before the Committee. We also thank those speakers who participated in the discussion and we note their comments. We note the Government’s cooperation with international organizations and we hope that the technical assistance received from the ILO and UNICEF will enable it to improve its data system with a view to the compilation of updated statistics on the nature, scope and trends of child labour in the country.

In light of the discussion, we note that that the Government is faced by persistent challenges. The reduction in child labour is a fact, but violations of the law and the weakness of enforcement are placing the progress achieved at risk.

The failure of compliance by the Government with the Convention is no mere legal formality. It has real and documented consequences on the lives of children in the country. Allowing hazardous work from the age of 15 in a country in which nearly one in four children work, where rural poverty is over 24 per cent and where households are reducing their spending on education and health as a result of economic pressure, creates the perfect conditions for these practices to be the rule rather than the exception.

The recognition by the Government that Decision No. 4677 is not in line with the Convention makes reform even more urgent. Each month of delay is a month during which children of 15 years of age continue to be legally exposed to work that is considered unacceptable in international law even for children of 16 years of age.

In the same way as in other cases, the Employer members insist on the need to amend the applicable legislation to bring it into line with the Convention, and to withdraw children from child labour, which are not in themselves sustainable solutions unless the presence of children is guaranteed in the education system and the living conditions of their families are improved, alongside the creation of quality work in their communities.

The economy of the Lao People’s Democratic Republic is based on a productive system involving micro, small and medium-sized enterprises, and we therefore encourage the Government to supplement the measures to address the structural causes of child labour and to design strategies to promote the consolidation of a conducive environment for sustainable enterprises, so that they can offer quality employment for adults.

In brief, our recommendations to the Government in this case are to: bring Decision No. 4677 into compliance without delay to ensure that the minimum age for hazardous work is 16 years, without any exceptions for children aged 15 years; amend the legislation on vocational training to introduce a provision that makes explicit reference to the minimum age of 14 years for vocational training, and the explicit prohibition for apprentices to perform heavy work or work that is hazardous to their health. In addition, we call on the Government to provide detailed statistical data disaggregated by sector and gender under the new Nation Strategy on the Prevention and Elimination of Child Labour, once it has been adopted.

We recommend the Government to ensure that, in all cases of child labour, including those related to trafficking and children involved in hazardous work, exhaustive investigations are carried out and robust criminal proceedings pursued, all those responsible are brought to justice and sufficiently effective and dissuasive penalties imposed. It should also provide quantitative data on inspection, including the number of inspections, the specific child labour violations detected and the penalties applied in practice under the new Decree on Labour Inspection No. 289. We also encourage the Government to strengthen the capacities of the social partners.

We also note the involvement of employers’ and workers’ bodies in the development of strategies for the prevention and eradication of child labour, and we encourage the Government to promote continued positive dialogue with employers’ and workers’ bodies on the ground.

The Employer members observe that the challenges on the ground require in-depth tripartite dialogue to address the multiple causes that are central to the issue of child labour and we call on the Government to include employers’ and workers’ organizations in discussions on how to strengthen the socio-productive system in the country and design multidimensional strategies to ensure compliance with the standards on minimum age in the Lao People’s Democratic Republic.

Finally, we encourage the Government to request ILO technical assistance. It is urgent to focus efforts on a programme dedicated to the implementation of the Convention, which can help strengthen the compilation of administrative data and the capacities of the labour inspection services, particularly in rural areas. We hope that the firm commitment expressed by the Government will take the form without delay of specific measures to ensure that children remain where they should be, in schools, preparing to build the future of the Lao People’s Democratic Republic.

Chairperson – This concludes the discussion of this case. I thank the Government representative of the Lao People’s Democratic Republic and all the other speakers who participated in the discussion.

Conclusions of the Committee

The Committee took note of the written and oral information available and the discussion that followed.

Taking into account the discussion, the Committee requested the Government to:

• redouble efforts to ensure the elimination of child labour through the prompt adoption and effective implementation of the National Action Plan on the Prevention and Elimination of Child Labour;
• promptly harmonize legislation with Decision No. 4677/MOLSW to ensure that the minimum age for heavy or hazardous work is 16 years, and amend the legislation on vocational education to include a provision that explicitly refers to the minimum age of 14 for vocational training, as well an express prohibition on apprentices performing heavy or hazardous work;
• provide statistical information, disaggregated by sector and gender, derived from the National Action Plan for the Eradication of Child Labour once it is adopted;
• ensure that in all cases of child labour, thorough investigations and robust criminal proceedings are conducted, and sufficiently effective and deterrent penalties are imposed;
• strengthen administrative data collection and the capacities of labour inspection agencies, to ensure that there is effective detection of cases of child labour, especially in the informal and rural sectors;
• take measures to strengthen the capacities of the most representative employers’ and workers’ organizations and continue positive tripartite dialogue with these organizations on the design and implementation of national strategies to ensure compliance with minimum age standards in the country.

The Committee requested the Government to avail itself of ILO technical assistance and to provide information to the Committee of Experts by 1 September 2026 on the measures taken to implement these recommendations and the results achieved.

Government representative – The Government of Lao People’s Democratic Republic would like to express its gratitude and thanks to the Committee and all the speakers for their insight on the recommendations as well as the conclusions on this case on the application of the Convention. We take full note of the conclusions of the case on the Convention and fully commit to the implementation of ILO Conventions, in consultation with the Office and the social partners.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s indication in its report that the new National Action Plan on Prevention and Elimination of Child Labour is in the process of being submitted to the Office of the Prime Minister for consideration and approval.

The Committee notes the publication of the 2023 Multiple Indicator Cluster Survey (MICS) by UNICEF and the Lao Statistics Bureau, which indicates that, for 2023: (1) the rate of child labour among children aged 5 to 17 years was 23 per cent; (2) 26 per cent of children in rural areas are in child labour compared with 16 per cent for children in urban areas; and (3) 21 per cent of children were working under hazardous conditions, such as under extreme cold, heat or humidity (12 per cent), working with dangerous tools or heavy machinery (11 per cent) or carrying heavy loads (10 per cent).

While the Committee takes note of the decrease in child labour (which stood at 41.5 per cent in 2017), it notes that the number of children engaged in child labour in the country remains high. The Committee therefore requests the Government to redouble its efforts to ensure the progressive elimination of child labour, including in hazardous work and in rural areas. It requests the Government to provide: (i) detailed information on the measures taken in this regard and on the results achieved; and (ii) a copy of the updated National Action Plan, once adopted, and information on its implementation. The Committee also requests the Government to continue providing updated statistical data on the nature, extent and trends of child labour in the country.

Article 2(1). Scope of application and labour inspection. The Committee notes the Government’s indication that it is planning to adopt a new Decree on Labour Inspection to further enhance the role, rights and duties of labour inspectors. However, the Committee notes the absence of information provided on the activities of the Labour Inspectorate. Noting that the rate of child labour in the country remains high, including in hazardous work, the Committee once again requests the Government to strengthen its efforts, without delay, to adapt and reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal economy. It requests the Government to provide information on the measures taken in this regard, and the results achieved, including by providing extracts from labour inspection reports and by indicating the number and nature of violations detected and the penalties imposed.

Article 3(3). Admission to hazardous types of work from the age of 16 years. With reference to its previous comments, the Committee notes the Government’s indication that Decision No. 4182/MOLSW of 2018 on the List of Hazardous Works for Young Persons was replaced by Decision No. 4677/MOLSW, dated 12 December 2023. However, it notes with concern that Decision No. 4677/MOLSW establishes 15 years (instead of 16 years) as the age at which it is possible for young persons to engage in hazardous work, provided they receive sufficient training, technical guidance, instructions and safety tools. The Committee recalls that, pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age, provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Therefore, the Committee once again urges the Government to take the necessary measures to bring its legislation into conformity with the Convention, by ensuring that children under 16 years of age may not, under any circumstances, be authorized to perform hazardous work. It requests the Government to provide information on any progress made in amending Decision No. 4677/MOLSW of 2023 to this effect.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s indication that it adopted the Law on Vocational Education (Amended) No. 63/NA, dated 12 June 2019, which provides that all vocational learners, regardless of gender, age, ethnicity, physical condition, economic status, place of residence and social status, have equality in learning or training, researching and using technology to develop themselves and serve society (section 60). However, the Committee notes that the Government does not specify if the amended law also sets a minimum age for admission to apprenticeships of at least 14 years, in conformity with Article 6 of the Convention. The Committee requests the Government to indicate if the new Law on Vocational Education (Amended) No. 63/NA sets the minimum age for entering into an apprenticeship programme at 14 years. It requests the Government to provide a copy of the relevant provisions, if possible, in one of the official languages of the ILO.

Article 7(3). Determination of light work activities. The Committee notes with interest that Decision No. 4677/MOLSW of 12 December 2023 sets out a list of light work activities permitted for children from the age of 12, on the condition that the work is not harmful to the child’s physical and mental health and does not affect their physical, mental, emotional and educational development.

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

Previous comments: observation and direct request

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s information, in its report, on the various measures taken by the Government to eliminate child labour, including: (1) the publication of posters and brochures on child labour for the general public; (2) capacity-building and training on the implementation of the National Plan of Action on Prevention and Elimination of Child Labour (2014–20) for government organizations, tripartite organizations and the private sector to allow these actors to better recognize and understand child labour; (3) coordination with partners to monitor the implementation of the National Plan of Action on Prevention and Elimination of Child Labour at the central and local levels; and (4) cooperation with the ILO to re-evaluate the implementation of the National Action Plan in the period 2016–20 and jointly create a plan for the period 2021–25. The Government also repeats the information that it has collected data and created a report on the prevention and elimination of child labour, but once again it does not provide the corresponding data. The Committee further notes, from the ILO Decent Work Country Programme 2022–25, that: (1) overall, women and children in rural areas were most affected by the negative impacts of the COVID-19 pandemic, including increased child labour; and (2) a Labour Force Survey was conducted in 2021–22, which includes a child labour component, but it has not been published yet. Recalling that, in 2017, 41.5 per cent of children aged 5–14 years were engaged in child labour, including in hazardous work, the Committee requests the Government to pursue its efforts to ensure the progressive elimination of child labour in all economic activities, and to continue to provide information on the measures taken in this respect. It also requests the Government to provide: (i) detailed information on the results achieved through the implementation of the National Plan of Action on Prevention and Elimination of Child Labour (2014–2020); (ii) a copy of the updated National Action Plan once adopted; and (iii) a copy of the updated Labour Force Survey once it is published.

Article 2(1). Scope of application and labour inspection. The Committee notes with interest the Government’s indication that the Ministry of Labour and Social Welfare adopted the Agreement on Labour Inspectors No. 2803/MoLSW, dated 13 September 2022, which provides for the deployment of a total of 159 inspectors, up from 77 inspectors in 2019. However, the Government also states that child labour inspections at workplaces across the country did not find any cases of child labour. Recalling the high number of children engaged in child labour in the country, including in the informal economy and in hazardous work, the Committee once again requests the Government to strengthen its efforts, without delay, to adapt and reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal economy. It again requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number and nature of offences reported. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. With reference to its previous comment, the Committee notes with concern the Government’s indication that section 4 of the Ministerial Decree No. 4182/MoLSW on the List of Hazardous Works for Young Persons, of 2018, permits children from 14 to 18 years to engage in hazardous work provided they receive sufficient training, technical guidance, instructions and safety tools. It notes the Government’s indication that it is working on updating the list of hazardous work. Recalling that pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age, the Committee urges the Government to take the necessary measures to bring the Ministerial Decree of 2018 into conformity with the Convention, by ensuring that children under 16 years of age may not, under any circumstances, be authorized to perform hazardous work. It requests the Government to provide information on the progress achieved to this end.

Article 6. Vocational training and apprenticeship. The Committee notes the Government’s indication that section 9.10.11 of the Law on Technical and Vocational Education and Training of 2013 does not set a minimum age for engagement in apprenticeships. In this regard, the Committee emphasizes the importance of setting a minimum age for admission to apprenticeship of at least 14 years to ensure that no child under that age undertakes an apprenticeship, as required by Article 6 of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that the Law on Technical and Vocational Education and Training of 2013 is amended so as to set a minimum age of at least 14 years for entering an apprenticeship programme, in accordance with the Convention.

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

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 2(1) of the Convention. Scope of application and the labour inspectorate. The Committee previously noted that, following the enactment of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees as provided for by section 6. The Government however indicated that labour inspections could not be conducted in the informal economy due to a number of factors, including lack of information and absence of complaints. The Committee therefore requested the Government to take the necessary steps to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy.

The Committee notes the Government’s indication that a total of 77 labour inspectors have been deployed across the country, enabling the inspection of ten labour units per year for each labour inspector, in the formal and informal sectors. In this respect, the Committee recalls that, according to the 2012 General Survey on the fundamental Conventions (paragraph 345), the limited number of labour inspectors makes it difficult for them to cover the whole of the informal economy.The Committee therefore requests the Government to strengthen its efforts without delay to reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal sectors. It requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number and nature of offences reported.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the age of completion of compulsory schooling was 12 years of age, two years below the minimum age for admission to work of 14 years. It therefore encouraged the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work.

The Committee notes the absence of information from the Government in this regard. It notes that, according to the 2016 Systems Approach for Better Education Results (SABER) Country Report of the Lao People’s Democratic Republic (PDR), issued by the World Bank Group, general education begins at age 6 with entry to primary school, up to the age of 10 years, followed by lower secondary school from 11 to 14 years of age. The Committee notes with interest that, according to the concluding observations of the UN Committee on the Rights of the Child (CRC) of November 2018, the revised Law on Education of 2015 makes primary and secondary education compulsory, thus raising the age of compulsory education to at least 14 years (CRC/C/LAO/CO/3-6, paragraph 38).The Committee encourages the Government to continue its efforts to ensure that all children aged between 6 and 14 years attend and complete compulsory school, and to provide information on the results achieved in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 4 of the Ministerial Decree on the List of Hazardous Work for Young Persons of 2016 permits young persons aged between 14 and 18 years to engage in the types of hazardous work listed under section 3, on the condition that such persons receive sufficient training, technical guidance, instructions and safety tools; and that their work is assessed and authorized by the relevant labour management agencies. Recalling that pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from16years of age, the Committee requested the Government to revise section 4 of the Ministerial Decree by raising the lower minimum age from 14 to 16 years.

The Committee notes the Government’s indication that Ministerial Decree No. 4182/MLSW on the List of Hazardous Works for Young Persons was adopted on 23 November 2018.The Committee requests the Government to indicate whether Ministerial Decree No. 4182/MLSW provides that children from 14 to 16 years of age are exempted from the prohibition on the employment of young persons in hazardous work. If so, it requests the Government to take the necessary measures to bring this Decree into conformity with Article 3(3) of the Convention, by ensuring that children under 16 years of age may not under any circumstances be authorized to perform hazardous work.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. Pursuant to section 11(4) of the Decree, technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production. The Committee requested the Government to indicate if there is a minimum age for the engagement of young persons in “participatory training” in enterprises.

The Committee notes with regret that the Government has not provided any information in its report on the minimum age for engagement in “participatory training” in enterprises since 2009. The Committee notes that, in its report to the CRC of October 2017, the Government states that the Law on Technical and Vocational Education and Training of 2013 sets out the rules to train and develop the Lao labour force (CRC/C/LAO/3-6, paragraph 168).The Committee requests the Government to supply information on the rules provided for in the Law on Technical and Vocational Education and Training of 2013 regarding the minimum age for entering an apprenticeship programme.

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

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

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously requested the Government to provide information on the implementation of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014-2020), which aims at improving access for child labourers and vulnerable children to services and interventions, maintaining children in school and mainstreaming child labour concerns into agriculture sector policies and interventions. The Committee also requested the Government to provide information on the development of a database on child labour and school attendance and of the second National Child Labour Survey, planned for 2020.

The Government indicates in its report that it has collected data in two provinces (Savannakhet and Salavan), within the framework of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020). The Committee observes however that the corresponding data has not been provided by the Government. The Committee notes from the Government’s report to the United Nations Committee on the Rights of the Child (CRC) of October 2017, that the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020) institutionalized mandatory training on child labour for law enforcement officials, prosecutors, judges and labour inspectorates (CRC/C/LAO/3-6, paragraph 178).

The Committee observes that according to the Lao Social Indicator Survey II 2017 (LSIS II), issued in 2018 by the Lao Statistics Bureau and UNICEF, 41.5 per cent of children aged 5–14 years are engaged in child labour. It further notes that 16.5 per cent of children aged 5–11 years and 39.3 per cent of children aged 12–14 years are involved in hazardous types of work. A total of 27.9 per cent of children aged 5–17 years work under hazardous conditions (26.7 per cent of girls and 29 per cent of boys). The Committee is therefore bound to express its concern at the significant number of children below the minimum age for admission to employment who are engaged in child labour, including in hazardous conditions.The Committee requests the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities. It requests the Government to provide information on the measures taken in this respect as well as on the results achieved, including within the framework of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020).

The Committee is raising other matters 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 2019, published 109th ILC session (2021)

Article 2(1) of the Convention. Scope of application and the labour inspectorate. The Committee previously noted that, following the enactment of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees as provided for by section 6. The Government however indicated that labour inspections could not be conducted in the informal economy due to a number of factors, including lack of information and absence of complaints. The Committee therefore requested the Government to take the necessary steps to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy.

The Committee notes the Government’s indication that a total of 77 labour inspectors have been deployed across the country, enabling the inspection of ten labour units per year for each labour inspector, in the formal and informal sectors. In this respect, the Committee recalls that, according to the 2012 General Survey on the fundamental Conventions (paragraph 345), the limited number of labour inspectors makes it difficult for them to cover the whole of the informal economy. The Committee therefore requests the Government to strengthen its efforts without delay to reinforce the capacities of the labour inspection services so that they can adequately monitor and detect cases of child labour, in the formal and informal sectors. It requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number and nature of offences reported.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the age of completion of compulsory schooling was 12 years of age, two years below the minimum age for admission to work of 14 years. It therefore encouraged the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work.

The Committee notes the absence of information from the Government in this regard. It notes that, according to the 2016 Systems Approach for Better Education Results (SABER) Country Report of the Lao People’s Democratic Republic (PDR), issued by the World Bank Group, general education begins at age 6 with entry to primary school, up to the age of 10 years, followed by lower secondary school from 11 to 14 years of age. The Committee notes with interest that, according to the concluding observations of the UN Committee on the Rights of the Child (CRC) of November 2018, the revised Law on Education of 2015 makes primary and secondary education compulsory, thus raising the age of compulsory education to at least 14 years (CRC/C/LAO/CO/3-6, paragraph 38). The Committee encourages the Government to continue its efforts to ensure that all children aged between 6 and 14 years attend and complete compulsory school, and to provide information on the results achieved in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee previously noted that section 4 of the Ministerial Decree on the List of Hazardous Work for Young Persons of 2016 permits young persons aged between 14 and 18 years to engage in the types of hazardous work listed under section 3, on the condition that such persons receive sufficient training, technical guidance, instructions and safety tools; and that their work is assessed and authorized by the relevant labour management agencies. Recalling that pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age, the Committee requested the Government to revise section 4 of the Ministerial Decree by raising the lower minimum age from 14 to 16 years.

The Committee notes the Government’s indication that Ministerial Decree No. 4182/MLSW on the List of Hazardous Works for Young Persons was adopted on 23 November 2018. The Committee requests the Government to indicate whether Ministerial Decree No. 4182/MLSW provides that children from 14 to 16 years of age are exempted from the prohibition on the employment of young persons in hazardous work. If so, it requests the Government to take the necessary measures to bring this Decree into conformity with Article 3(3) of the Convention, by ensuring that children under 16 years of age may not under any circumstances be authorized to perform hazardous work.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee noted that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. Pursuant to section 11(4) of the Decree, technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production. The Committee requested the Government to indicate if there is a minimum age for the engagement of young persons in “participatory training” in enterprises.

The Committee notes with regret that the Government has not provided any information in its report on the minimum age for engagement in “participatory training” in enterprises since 2009. The Committee notes that, in its report to the CRC of October 2017, the Government states that the Law on Technical and Vocational Education and Training of 2013 sets out the rules to train and develop the Lao labour force (CRC/C/LAO/3-6, paragraph 168). The Committee requests the Government to supply information on the rules provided for in the Law on Technical and Vocational Education and Training of 2013 regarding the minimum age for entering an apprenticeship programme.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously requested the Government to provide information on the implementation of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014-2020), which aims at improving access for child labourers and vulnerable children to services and interventions, maintaining children in school and mainstreaming child labour concerns into agriculture sector policies and interventions. The Committee also requested the Government to provide information on the development of a database on child labour and school attendance and of the second National Child Labour Survey, planned for 2020.

The Government indicates in its report that it has collected data in two provinces (Savannakhet and Salavan), within the framework of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020). The Committee observes however that the corresponding data has not been provided by the Government. The Committee notes from the Government’s report to the United Nations Committee on the Rights of the Child (CRC) of October 2017, that the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020) institutionalized mandatory training on child labour for law enforcement officials, prosecutors, judges and labour inspectorates (CRC/C/LAO/3-6, paragraph 178).

The Committee observes that according to the Lao Social Indicator Survey II 2017 (LSIS II), issued in 2018 by the Lao Statistics Bureau and UNICEF, 41.5 per cent of children aged 5–14 years are engaged in child labour. It further notes that 16.5 per cent of children aged 5–11 years and 39.3 per cent of children aged 12–14 years are involved in hazardous types of work. A total of 27.9 per cent of children aged 5–17 years work under hazardous conditions (26.7 per cent of girls and 29 per cent of boys). The Committee is therefore bound to express its concern at the significant number of children below the minimum age for admission to employment who are engaged in child labour, including in hazardous conditions. The Committee requests the Government to strengthen its efforts to ensure the progressive elimination of child labour in all economic activities. It requests the Government to provide information on the measures taken in this respect as well as on the results achieved, including within the framework of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–2020).

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

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matter raised in its previous comments initially made in 2017.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that the National Child Labour Survey of 2010 indicated the occurrence of child labour in the country. Approximately 15 per cent of all children in the country were employed in some economic activity, 67 per cent of whom could be considered as children in child labour (working below the minimum age, or above the minimum age and engaged in hazardous work). Moreover, the Survey indicated that 49 per cent of all working children were engaged in hazardous work, and that 54 per cent of working children between the ages of 14 and 18 were engaged in hazardous work. The Committee observed with concern that there remained a significant number of children engaged in child labour, including in hazardous work.

The Committee notes the Government’s information in its report that the implementation of the child labour eradication plan is currently ongoing and continually integrated into the work of different institutions. The Committee also notes the draft National Strategy and Plan of Action on Elimination of the Worst Forms of Child Labour (2015–15) submitted with the Government’s report. Moreover, the Committee notes the Government’s report to the Human Rights Committee of 27 April 2017 that the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–20) has been adopted, aimed at enhancing policies in education, training, health, social protection and employment to improve access for child labourers and vulnerable children to services and interventions; improving the quality and quantity of educational services to keep children in school; and mainstreaming child labour concerns into agriculture sector policies and interventions. The Plan also includes an objective to improve and institutionalize data collection on child labour and school attendance by developing a database and conducting a second National Child Labour Survey in 2020 to compare data over a ten-year period (CCPR/C/LAO/1, paragraph 155). The Committee therefore requests that the Government provide a copy of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014–20), and information on concrete measures taken to ensure its effective implementation and the results achieved in this regard. The Committee also requests that the Government provide information on any progress made regarding the development of the database on child labour and school attendance and the second National Child Labour Survey.

Article 2(1). Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appeared to exclude work performed outside a formal labour relationship from its scope of application. The Government indicated that labour inspections were conducted in the informal economy and that it would consider strengthening the capacity of labour inspection services in order to deal with this issue. The Committee further noted that, following the enactment of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees as provided for by section 6.

The Committee notes the Government’s information that the labour inspection cannot be conducted in the informal economy due to a number of factors, including lack of information and absence of complaints. The Committee therefore requests that the Government take the necessary steps to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy, and to provide information on any progress made and the results achieved in this regard.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that article 22 of the Constitution states that the Government shall implement compulsory primary education. However, it noted that the age of completion of compulsory schooling was 11 years of age, three years below the minimum age for admission to work of 14 years. The Government indicated that the age of completion of compulsory schooling had been raised from 11 years to 12 years of age. The Committee also noted the information from the UNESCO Institute for Statistics that while the net enrolment rate for children in primary compulsory education was 97 per cent in 2011, the net enrolment rate for children in secondary school was only 41 per cent, and only 81 per cent of children who had completed primary school transitioned to secondary school. The Committee also noted the information from the National Child Labour Survey that approximately 94 per cent of children in child labour had either discontinued studies or have never attended school.

The Committee notes the National Strategy and Plan of Action on Education (2011–15) submitted with the Government’s report. The Committee also notes the information from the UNESCO Institute for Statistics that the net enrolment rate for children in secondary school rose to 54.3 per cent in 2015, and 89.1 per cent of children who had completed primary school transitioned to secondary school in 2014. While taking due note of the progress made in this regard, the Committee must emphasize the importance of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (the 2012 General Survey on the fundamental Conventions, paragraph 371). The Committee therefore once again encourages the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work. It also requests that the Government provide information on any measures taken in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that section 4 of the Ministerial Decree on List of Hazardous Work for Young Persons of 2016 permits young persons aged between 14 and 18 years to engage in the types of hazardous work listed under section 3, on the condition that such persons receive sufficient training, technical guidance, instructions and safety tools; and that their work is assessed and authorized by the relevant labour management agencies. The Committee reminds the Government that, pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age. The Committee therefore requests that the Government revise section 4 of the Ministerial Decree by raising the lower minimum age specified for exemption from the prohibition on the employment of young persons in hazardous work from 14 years to 16 years, in order to bring it into conformity with Article 3(3) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted the Government’s statement that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. Pursuant to section 11(4) of the Decree, technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production.

The Committee notes the Government’s information that there is no available data regarding the training of children below 14 years of age. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, the Committee once again asks that the Government indicate if there is a minimum age for the engagement of persons in “participatory training” in enterprises.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, pursuant to article 102 of the Labour Law Amendment Act of 2013, the list of hazardous work prohibited to children under 18 years of age is specified separately. The Committee also notes with satisfaction that the Ministerial Decree on the List of Hazardous Work for Young Persons was adopted in 2016. Section 3 contains a comprehensive list of types of hazardous work prohibited to young persons under 18 years of age, such as work handling with chemical and poisonous substances, work which carries the risk of infection with communicable diseases, work with sharp tools, work in the tobacco industry, and so on. The Committee also notes that, according to section 6, individuals or legal entities who violate this decree shall be responsible in both civil and criminal procedures depending on the severity of the violation. The Committee requests the Government to provide information on the implementation of the Ministerial Decree on the list of types of hazardous work for young persons, including the number and nature of violations regarding young persons engaged in hazardous work, as well as the penalties imposed.

Article 7. Light work. The Committee previously noted that according to article 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 years may be employed in light work, defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and a list of types of light work shall be defined in a separate regulation.

The Committee notes with satisfaction that the Ministerial Decree on the List of Light Work for Young Persons has been adopted in 2016. Pursuant to sections 1 and 2, children aged 12–14 years are permitted to perform light work which will not jeopardize their physical, moral or mental development and education. Section 3 contains a comprehensive list of types of light work permitted in services, industry and handicraft, as well as in agriculture. Section 4 further provides that a child is not allowed to work more than two hours per day on school days or six hours per day during vacations. Moreover, a child shall not perform overtime work, work between 6 p.m. and 6 a.m., and other types of work as specified in section 5.

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

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

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and the application of the Convention in practice. The Committee previously noted that the National Child Labour Survey of 2010 indicated the occurrence of child labour in the country. Approximately 15 per cent of all children in the country were employed in some economic activity, 67 per cent of whom could be considered as children in child labour (working below the minimum age, or above the minimum age and engaged in hazardous work). Moreover, the Survey indicated that 49 per cent of all working children were engaged in hazardous work, and that 54 per cent of working children between the ages of 14 and 18 were engaged in hazardous work. The Committee observed with concern that there remained a significant number of children engaged in child labour, including in hazardous work.

The Committee notes the Government’s information in its report that the implementation of the child labour eradication plan is currently ongoing and continually integrated into the work of different institutions. The Committee also notes the draft National Strategy and Plan of Action on Elimination of the Worst Forms of Child Labour (2012-2015) submitted with the Government’s report. Moreover, the Committee notes the Government’s report to the Human Rights Committee of 27 April 2017 that the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014-2020) has been adopted, aimed at enhancing policies in education, training, health, social protection and employment to improve access for child labourers and vulnerable children to services and interventions; improving the quality and quantity of educational services to keep children in school; and mainstreaming child labour concerns into agriculture sector policies and interventions. The Plan also includes an objective to improve and institutionalize data collection on child labour and school attendance by developing a database and conducting a second National Child Labour Survey in 2020 to compare data over a ten-year period (CCPR/C/LAO/1, para. 155). The Committee therefore requests that the Government provide a copy of the National Strategy and Plan of Action on Prevention and Elimination of Child Labour (2014-2020), and information on concrete measures taken to ensure its effective implementation and the results achieved in this regard. The Committee also requests that the Government provide information on any progress made regarding the development of the database on child labour and school attendance and the second National Child Labour Survey.

Article 2(1). Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appeared to exclude work performed outside a formal labour relationship from its scope of application. The Government indicated that labour inspections were conducted in the informal economy and that it would consider strengthening the capacity of labour inspection services in order to deal with this issue. The Committee further noted that, following the enactment of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees as provided for by section 6.

The Committee notes the Government’s information that the labour inspection cannot be conducted in the informal economy due to a number of factors, including lack of information and absence of complaints. The Committee therefore requests that the Government take the necessary steps to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy, and to provide information on any progress made and the results achieved in this regard.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that article 22 of the Constitution states that the Government shall implement compulsory primary education. However, it noted that the age of completion of compulsory schooling was 11 years of age, three years below the minimum age for admission to work of 14 years. The Government indicated that the age of completion of compulsory schooling had been raised from 11 years to 12 years of age. The Committee also noted the information from the UNESCO Institute for Statistics that while the net enrolment rate for children in primary compulsory education was 97 per cent in 2011, the net enrolment rate for children in secondary school was only 41 per cent, and only 81 per cent of children who had completed primary school transitioned to secondary school. The Committee also noted the information from the National Child Labour Survey that approximately 94 per cent of children in child labour had either discontinued studies or have never attended school.

The Committee notes the National Strategy and Plan of Action on Education (2011-2015) submitted with the Government’s report. The Committee also notes the information from the UNESCO Institute for Statistics that the net enrolment rate for children in secondary school rose to 54.3 per cent in 2015, and 89.1 per cent of children who had completed primary school transitioned to secondary school in 2014. While taking due note of the progress made in this regard, the Committee must emphasize the importance of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (the 2012 General Survey on the fundamental Conventions, para. 371). The Committee therefore once again encourages the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work. It also requests that the Government provide information on any measures taken in this regard.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that section 4 of the Ministerial Decree on List of Hazardous Work for Young Persons of 2016 permits young persons aged between 14 and 18 years to engage in the types of hazardous work listed under section 3, on the condition that such persons receive sufficient training, technical guidance, instructions and safety tools; and that their work is assessed and authorized by the relevant labour management agencies. The Committee reminds the Government that, pursuant to Article 3(3) of the Convention, this exemption is only permitted for young persons from 16 years of age. The Committee therefore requests that the Government revise section 4 of the Ministerial Decree by raising the lower minimum age specified for exemption from the prohibition on the employment of young persons in hazardous work from 14 years to 16 years, in order to bring it into conformity with Article 3(3) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted the Government’s statement that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. Pursuant to section 11(4) of the Decree, technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production.

The Committee notes the Government’s information that there is no available data regarding the training of children below 14 years of age. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, the Committee once again asks that the Government indicate if there is a minimum age for the engagement of persons in “participatory training” in enterprises.

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

Article 3(1) and (2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee notes that, pursuant to Article 102 of the Labour Law Amendment Act of 2013, the list of hazardous work prohibited to children under 18 years of age is specified separately. The Committee also notes with satisfaction that the Ministerial Decree on the List of Hazardous Work for Young Persons was adopted in 2016. Section 3 contains a comprehensive list of types of hazardous work prohibited to young persons under 18 years of age, such as work handling with chemical and poisonous substances, work which carries the risk of infection with communicable diseases, work with sharp tools, work in the tobacco industry, and so on. The Committee also notes that, according to section 6, individuals or legal entities who violate this decree shall be responsible in both civil and criminal procedures depending on the severity of the violation. The Committee requests the Government to provide information on the implementation of the Ministerial Decree on the list of types of hazardous work for young persons, including the number and nature of violations regarding young persons engaged in hazardous work, as well as the penalties imposed.

Article 7. Light work. The Committee previously noted that according to section 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 years may be employed in light work, defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and a list of types of light work shall be defined in a separate regulation.

The Committee notes with satisfaction that the Ministerial Decree on the List of Light Work for Young Persons has been adopted in 2016. Pursuant to sections 1 and 2, children aged 12–14 years are permitted to perform light work which will not jeopardize their physical, moral or mental development and education. Section 3 contains a comprehensive list of types of light work permitted in services, industry and handicraft, as well as in agriculture. Section 4 further provides that a child is not allowed to work more than two hours per day on school days or six hours per day during vacations. Moreover, a child shall not perform overtime work, work between 6 p.m. and 6 a.m., and other types of work as specified in section 5.

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

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

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

The Committee notes that Labour Law (Amendment) Act No. 43/NA has been adopted in 2013.

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside a formal labour relationship, such as self-employment, from its scope of application and that, therefore, the minimum age contained in the Labour Law did not apply to children performing work outside a formal labour relationship. However, the Government indicated that labour inspections were conducted in the informal economy and that it would consider strengthening the capacity of labour inspection services in order to deal with this issue.

The Committee notes that pursuant to section 6 of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees. The Committee requests the Government to provide information on the findings of the labour inspections conducted in the informal economy, in terms of the number of working children and young persons detected in this sector. It also requests the Government to indicate the measures taken to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy.

Article 7. Light work. The Committee notes that according to section 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 may be employed in light work defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and that a list of types of light work shall be defined in a separate regulation. Section 101 further indicates that a list of light work activities permitted to children is specified separately. The Committee requests the Government to provide a copy of the list of light work activities permitted to children of 12–14 years. Noting that the Labour Law Amendment Act of 2013 does not contain provisions regulating light work, the Committee requests the Government to indicate the measures taken or envisaged to determine the hours during which, and the conditions in which, light work may be undertaken by children of 12–14 years, pursuant to Article 7(3) of the Convention.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and the application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that the National Child Labour Survey of 2010 indicated that child labour exists in the country. The Survey indicates that approximately 15 per cent of all children in the country are currently employed in some economic activity, 33 per cent of whom are engaged in work not in contravention of the Convention. However, 67 per cent of these working children can be considered as children in child labour (working below the minimum age, or above the minimum age and engaged in hazardous work). Moreover, the Survey indicates that 49 per cent of all working children are engaged in hazardous work, and that 54 per cent of working children between the ages of 14 and 18 are engaged in hazardous work. The Government states that these statistics indicate that measures, including an action plan, are needed to address child labour in the country. In this regard, the Committee notes that the country’s Decent Work Country Programme (2011–15) includes as a target the adoption by 2013 of a National Policy and Plan of Action to End Child Labour. The Committee observes with concern that there remain a significant number of children engaged in child labour, including in hazardous work. The Committee accordingly urges the Government to pursue its efforts towards the adoption and implementation of a National Policy and Plan of Action on child labour, to achieve the elimination of child labour. It requests the Government to provide information on measures taken to prevent and eliminate child labour within the country, as well as the results achieved. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions reported, violations detected and penalties applied.

...

Article 2(3). Age of completion of compulsory education. The Committee previously noted that article 22 of the Constitution states that the Government shall implement compulsory primary education. However, it noted that the age of completion of compulsory schooling was 11 years of age, three years below the minimum age for admission to work of 14 years. In this regard, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 8 April 2011, expressed concern at the disparity between the legal minimum age for employment and the age of completion of compulsory education (11 or 12 years) as this disparity could create a situation whereby children who do not wish to continue their schooling after completing their compulsory education start working illegally before attaining the minimum age for employment (CRC/C/LAO/CO/2, paragraph 63).

The Committee notes the Government’s statement that the Ministry of Education is responsible for legislation relating to compulsory education. The Government indicates that the age of completion of compulsory schooling has been raised from 11 years to 12 years of age. The Committee also notes the information from the UNESCO Institute for Statistics that while the net enrolment rate for children in primary compulsory education was 97 per cent in 2011, the net enrolment rate for children in secondary school was only 41 per cent, and only 81 per cent of children who had completed primary school transitioned to secondary school. The Committee also notes the information from the National Child Labour Survey that approximately 94 per cent of children in child labour have either discontinued studies or have never attended school.

Recalling that compulsory education is one of the most effective means of combating child labour, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If the compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). The Committee accordingly encourages the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work. It requests the Government to provide information on any measures taken in this regard.

…

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s statement that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. In this regard, the Committee notes that section 11(4) of the Decree states that technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, the Committee requests the Government to indicate if there is a minimum age for the engagement of persons in “participatory training” in enterprises.

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

The Committee notes that Labour Law (Amendment) Act No. 43/NA has been adopted in 2013.

Article 2(1) of the Convention. Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside a formal labour relationship, such as self-employment, from its scope of application and that, therefore, the minimum age contained in the Labour Law did not apply to children performing work outside a formal labour relationship. However, the Government indicated that labour inspections were conducted in the informal economy and that it would consider strengthening the capacity of labour inspection services in order to deal with this issue.

The Committee notes that pursuant to section 6 of the Labour Law Amendment Act of 2013, the Labour Law applies to all employers and registered and unregistered employees. The Committee requests the Government to provide information on the findings of the labour inspections conducted in the informal economy, in terms of the number of working children and young persons detected in this sector. It also requests the Government to indicate the measures taken to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy.

Article 7. Light work. The Committee notes that according to section 101 of the Labour Law Amendment Act of 2013, children between the ages of 12 and 14 may be employed in light work defined as work that will not negatively impact the child’s physical or mental health and does not obstruct their attendance at school or vocational training, and that a list of types of light work shall be defined in a separate regulation. Section 101 further indicates that a list of light work activities permitted to children is specified separately. The Committee requests the Government to provide a copy of the list of light work activities permitted to children of 12–14 years. Noting that the Labour Law Amendment Act of 2013 does not contain provisions regulating light work, the Committee requests the Government to indicate the measures taken or envisaged to determine the hours during which, and the conditions in which, light work may be undertaken by children of 12–14 years, pursuant to Article 7(3) of the Convention.

Article 9(3). Keeping of registers. The Committee notes with interest that according to section 103 of the Labour Law Amendment Act of 2013, employers must keep records containing the particulars of young persons under 18 years of age employed by him/her, including their name, age and date of birth. Such records shall be supplied to labour inspection officials and other relevant officials.

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

• Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and the application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that the National Child Labour Survey of 2010 indicated that child labour exists in the country. The Survey indicates that approximately 15 per cent of all children in the country are currently employed in some economic activity, 33 per cent of whom are engaged in work not in contravention of the Convention. However, 67 per cent of these working children can be considered as children in child labour (working below the minimum age, or above the minimum age and engaged in hazardous work). Moreover, the Survey indicates that 49 per cent of all working children are engaged in hazardous work, and that 54 per cent of working children between the ages of 14 and 18 are engaged in hazardous work. The Government states that these statistics indicate that measures, including an action plan, are needed to address child labour in the country. In this regard, the Committee notes that the country’s Decent Work Country Programme (2011–15) includes as a target the adoption by 2013 of a National Policy and Plan of Action to End Child Labour. The Committee observes with concern that there remain a significant number of children engaged in child labour, including in hazardous work. The Committee accordingly urges the Government to pursue its efforts towards the adoption and implementation of a National Policy and Plan of Action on child labour, to achieve the elimination of child labour. It requests the Government to provide information on measures taken to prevent and eliminate child labour within the country, as well as the results achieved. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions reported, violations detected and penalties applied.
• ...
• Article 2(3). Age of completion of compulsory education. The Committee previously noted that article 22 of the Constitution states that the Government shall implement compulsory primary education. However, it noted that the age of completion of compulsory schooling was 11 years of age, three years below the minimum age for admission to work of 14 years. In this regard, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 8 April 2011, expressed concern at the disparity between the legal minimum age for employment and the age of completion of compulsory education (11 or 12 years) as this disparity could create a situation whereby children who do not wish to continue their schooling after completing their compulsory education start working illegally before attaining the minimum age for employment (CRC/C/LAO/CO/2, paragraph 63).
• The Committee notes the Government’s statement that the Ministry of Education is responsible for legislation relating to compulsory education. The Government indicates that the age of completion of compulsory schooling has been raised from 11 years to 12 years of age. The Committee also notes the information from the UNESCO Institute for Statistics that while the net enrolment rate for children in primary compulsory education was 97 per cent in 2011, the net enrolment rate for children in secondary school was only 41 per cent, and only 81 per cent of children who had completed primary school transitioned to secondary school. The Committee also notes the information from the National Child Labour Survey that approximately 94 per cent of children in child labour have either discontinued studies or have never attended school.
• Recalling that compulsory education is one of the most effective means of combating child labour, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If the compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). The Committee accordingly encourages the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work. It requests the Government to provide information on any measures taken in this regard.
• …
• Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s statement that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. In this regard, the Committee notes that section 11(4) of the Decree states that technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, the Committee requests the Government to indicate if there is a minimum age for the engagement of persons in “participatory training” in enterprises.

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

Article 1 of the Convention and Part V of the report form. National policy designed to ensure the effective abolition of child labour and the application of the Convention in practice. Following its previous comments, the Committee notes the Government’s statement that the National Child Labour Survey of 2010 indicated that child labour exists in the country. The Survey indicates that approximately 15 per cent of all children in the country are currently employed in some economic activity, 33 per cent of whom are engaged in work not in contravention of the Convention. However, 67 per cent of these working children can be considered as children in child labour (working below the minimum age, or above the minimum age and engaged in hazardous work). Moreover, the Survey indicates that 49 per cent of all working children are engaged in hazardous work, and that 54 per cent of working children between the ages of 14 and 18 are engaged in hazardous work. The Government states that these statistics indicate that measures, including an action plan, are needed to address child labour in the country. In this regard, the Committee notes that the country’s Decent Work Country Programme (2011–15) includes as a target the adoption by 2013 of a National Policy and Plan of Action to End Child Labour. The Committee observes with concern that there remain a significant number of children engaged in child labour, including in hazardous work. The Committee accordingly urges the Government to pursue its efforts towards the adoption and implementation of a National Policy and Plan of Action on child labour, to achieve the elimination of child labour. It requests the Government to provide information on measures taken to prevent and eliminate child labour within the country, as well as the results achieved. It also requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions reported, violations detected and penalties applied.

Article 2(1). Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application, and that therefore, the minimum age contained in the Labour Law did not apply to children performing work outside of a formal labour relationship. However, the Government indicated that labour inspections were conducted in the informal economy and that it would consider strengthening the capacity of labour inspection services in order to deal with this issue.

The Committee notes the Government’s statement that it is in the process of amending the Labour Law of 2006, and has undertaken tripartite consultations in this regard. These amendments include extending the coverage of the Law to all young persons in both the formal and informal economies. Taking due note of the draft amendments developed to the Labour Law, the Committee encourages the Government to pursue its efforts within the context of this revision to ensure that the provisions of the Law relating to young persons working apply to work performed outside of a formal employment relationship, such as in the informal economy. The Committee also requests the Government to provide information on any measures taken to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal economy.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that article 22 of the Constitution states that the Government shall implement compulsory primary education. However, it noted that the age of completion of compulsory schooling was 11 years of age, three years below the minimum age for admission to work of 14 years. In this regard, the Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 8 April 2011, expressed concern at the disparity between the legal minimum age for employment and the age of completion of compulsory education (11 or 12 years) as this disparity could create a situation whereby children who do not wish to continue their schooling after completing their compulsory education start working illegally before attaining the minimum age for employment (CRC/C/LAO/CO/2, paragraph 63).

The Committee notes the Government’s statement that the Ministry of Education is responsible for legislation relating to compulsory education. The Government indicates that the age of completion of compulsory schooling has been raised from 11 years to 12 years of age. The Committee also notes the information from the UNESCO Institute for Statistics that while the net enrolment rate for children in primary compulsory education was 97 per cent in 2011, the net enrolment rate for children in secondary school was only 41 per cent, and only 81 per cent of children who had completed primary school transitioned to secondary school. The Committee also notes the information from the National Child Labour Survey that approximately 94 per cent of children in child labour have either discontinued studies or have never attended school.

Recalling that compulsory education is one of the most effective means of combating child labour, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If the compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). The Committee accordingly encourages the Government to consider raising the age of completion of compulsory education so as to coincide with that of the minimum age of 14 years for admission to employment or work. It requests the Government to provide information on any measures taken in this regard.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government, at the time of ratification, made a declaration pursuant to Article 5 of the Convention limiting the application of the Convention to the following areas: mining industries, manufacturing industries, construction and public works, electricity, gas and water, medical and hygiene services, transport, storage service and communication, and farms and other agricultural establishments that are developed mainly for commercial purposes. The Committee noted the Government’s statement that it would consider making a declaration to lift this limitation.

The Committee notes the Government’s statement that the revised Labour Law will cover all branches of activities. In this regard, the Committee reminds the Government that, pursuant to Article 5(4)(b) of the Convention, it may at any time formally extend the scope of application of the Convention by a declaration addressed to the Director-General of the International Labour Office. The Committee encourages the Government to pursue its efforts towards a wider application of the provisions of the Convention, in conformity with Article 5(4)(a) of the Convention, and to consider making a declaration pursuant to Article 5(4)(b) of the Convention. It requests the Government to continue to provide information on progress made in this respect.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes the Government’s statement that vocational training and apprenticeships are regulated by the Decree on Technical and Vocational Education and Training and Skills Development of 22 January 2010. In this regard, the Committee notes that section 11(4) of the Decree states that technical and vocational education and training includes “participatory training” at enterprises, such as on-the-job training in places of business, factories or places of production. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, the Committee requests the Government to indicate if there is a minimum age for the engagement of persons in “participatory training” in enterprises.

Article 7. Light work. The Committee previously noted the Government’s indication that the issue of light work would be considered during the reforms of the Labour Law and the establishment of the Labour Protection Law.

The Committee notes that the draft amendments to the Labour Law include provisions permitting light work for children between the ages of 12 and 14, defined as work that is not dangerous to the young person’s physical and mental health and does not have any impact on their physical and mental development, their education and other vocational training, and that a list of types of light work shall be defined in a separate regulation. In this regard, the Government indicates that agreement has been reached on the list of types of light work. The Committee further notes the information in the National Child Labour Survey of 2010 that 12.6 per cent of children aged 12 and 13 are engaged in economic activity. Observing that a significant number of children between the ages of 12 and 14 are engaged in economic activity, the Committee encourages the Government to pursue its efforts to regulate light work for these children, in conformity with Article 7 of the Convention. It requests the Government to provide a copy of the list of types of light work, once approved.

Article 9(3). Keeping of registers. Following its previous comments, the Committee takes due note of the Government’s statement that the revised Labour Law contains provisions requiring employers to keep a register of all employed children under 18 years of age. The Committee requests the Government to pursue its efforts, within the framework of revisions to the Labour Law, to ensure that employers are required to maintain and make available registers containing the name and ages of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

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

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:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the establishment of the Office of Child Labour Protection and Trafficking in Person Prevention in 2006. It also noted that, from 2000–04, the Department of Labour (within the Ministry of Labour and Social Welfare), conducted a National Programme for the Prevention and Elimination of Child Labour in collaboration with ILO–IPEC.

The Committee notes the Government’s statement that awareness-raising measures on child labour have been implemented. In this regard, the Committee notes the information from ILO–IPEC that the Department of Labour held an event in June 2011 for the World Day Against Child Labour. Over 350 people attended this event, including government officials, workers’ and employers’ representatives, non-governmental organizations (NGOs) and UN personnel, representatives of local administration and 250 children. The Committee also notes the Government’s indication that child labour issues were discussed by the central government and authorities at the provincial level, and a meeting was organized between stakeholders and law enforcement authorities. In addition, the Committee notes the information from the ILO Subregional Office in Bangkok that ILO–IPEC recommenced operating in the country in mid-2010, and that there is a new Memorandum of Understanding between the Government and the ILO to undertake work in the area of child labour. The Committee requests the Government to continue to provide information on measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with the ILO, as well as the impact achieved.

Article 2(1). Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application, and that therefore, the minimum age contained in the Labour Law did not apply to children performing work outside of a formal labour relationship. In this regard, the Committee reminded the Government that the Convention applies to all branches of economic activity not expressly excluded under Article 5 of the Convention, and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not.

The Committee notes the Government’s statement that labour inspections are conducted in the informal economy. However, the Government indicates that the labour inspectorate is not proactive in the informal economy, but that it will consider strengthening the capacity of labour inspection services in order to deal with this issue. The Committee also notes the Government’s statement that it is currently considering comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law, which it aims to complete by 2012. The Government states that this law will address issues that are not dealt with by the current Labour Law. The Government further indicates that a tripartite committee has been set up to work on this draft law. The Committee encourages the Government to consider, in the context of reforms to the Labour Law and the development of the Labour Protection Law, the Committee’s comments concerning the application of the Convention to forms of work performed outside the framework of a formal employment relationship. It requests the Government to provide information on developments in this regard. The Committee also requests the Government to pursue its efforts to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal sector.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that article 22 of the Constitution states that the Government shall implement compulsory primary education. Moreover, section 5 of the Protection of the Rights and Interests of Children Act outlines that children have a duty to complete at least primary school. However, the Committee also noted the information in the Education for All National Plan of Action 2003–15, released by the Ministry of Education in 2005, that compulsory schooling only lasts from the age of 6 to 11 years. The Committee observed that while the requirement of Article 2(3) of the Convention was fulfilled (as the specified minimum age for employment (14 years) is not less than the earliest age of completion of primary education (11 years)), it emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of inactivity. The Committee therefore indicated that it was desirable to ensure that compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146.

The Committee notes the Government’s statement that the Ministry of Education has a special policy to promote access to education for children from poor families, including not only primary compulsory education, but also upper secondary school. In this regard, the Committee notes the Government’s indication that low enrolment and completion rates in primary education are concentrated among children in rural, remote and specific ethnic group areas, and particularly among children from low income families. However, the Committee notes an absence of information in the Government’s report concerning any measures taken or envisaged to raise the age of completion of compulsory education. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 8 April 2011, expressed concern at the disparity between the legal minimum age for employment and the age of completion of compulsory education (11 or 12 years) as this disparity could create a situation whereby children who do not wish to continue their schooling after completing their compulsory education start working illegally before attaining the minimum age for employment (CRC/C/LAO/CO/2, paragraph 63). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to indicate the measures taken or envisaged to ensure compulsory education up to 14 years, in line with the minimum age for admission to work. It requests the Government to provide information on any measures taken in this regard.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government, at the time of ratification, made a declaration pursuant to Article 5 of the Convention limiting the application of the Convention to the following areas: mining industries, manufacturing industries, construction and public works, electricity, gas and water, medical and hygiene services, transport, storage service and communication, and farms and other agricultural establishments that are developed mainly for commercial purposes. The Committee requested the Government to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application.

The Committee notes the Government’s statement that it will consider making another declaration to lift this limitation. In this regard, the Committee notes the Government’s statement in its report to the CRC of 10 August 2010 that, with regard to preventing child labour, the problem relates to work performed within family. The Government indicates in this report that nearly 85 per cent of the population work on the land, and, within that environment, children take part in the family’s daily work. The Government states in this report this involvement may have a negative impact on their schooling (CRC/C/LAO/2, paragraph 152). In this regard, the Committee encourages the Government to pursue its efforts towards a wider application of the provisions of the Convention, in conformity with Article 5(4)(a) of the Convention. It requests the Government to continue to provide information on progress made to this end.

Article 6. Vocational training and apprenticeship. The Committee previously observed a lack of information from the Government on the minimum age for admission to apprenticeships. The Committee notes that, in this regard, the Government’s report refers to section 16 of the Decree on Technical and Vocational Education and Training and Skills Development. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, the Committee requests the Government to provide a copy of the Decree on Technical and Vocational Education and Training and Skills Development with its next report.

Article 7. Light work. The Committee previously observed that, according to information from UNICEF, approximately 25 per cent of children between the ages of 5 and 14 were engaged in child labour during the 1999–2007 period. However, the Committee observed that the national legislation did not contain provisions for the performance of light work for children under the minimum age of 14 years.

The Committee notes the Government’s indication that the issue of light work may be considered during the comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention, which provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to 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 encourages the Government to consider, within the framework of the ongoing labour law reforms, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention.

Article 9(3). Keeping of registers. The Committee previously requested information on the measures taken to ensure conformity with Article 9(3) of the Convention. The Committee notes the Government’s statement that, at the moment, the Labour Law does not require employers to keep registers and documents of persons employed or working for him/her. However, the Government indicates that, in revising the Labour Law, it will take this matter into consideration. The Committee requests the Government to take the necessary measures, within the framework of revisions to the Labour Law, to ensure that employers maintain and make available registers (or other documents) containing the name and ages of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that SIMPOC was conducting a national child labour survey. The Committee notes the statement in the Government’s report that the SIMPOC survey has been completed, and the data is current being analysed. The Government indicates that the report will be finished by the end of 2011. The Committee requests the Government to provide a copy of the SIMPOC survey report, once finalized.

The Committee encourages the Government to take into consideration, during its review of the Labour Law, the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites it to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the establishment of the Office of Child Labour Protection and Trafficking in Person Prevention in 2006. It also noted that, from 2000–04, the Department of Labour (within the Ministry of Labour and Social Welfare), conducted a National Programme for the Prevention and Elimination of Child Labour in collaboration with ILO–IPEC.

The Committee notes the Government’s statement that awareness-raising measures on child labour have been implemented. In this regard, the Committee notes the information from ILO–IPEC that the Department of Labour held an event in June 2011 for the World Day Against Child Labour. Over 350 people attended this event, including government officials, workers’ and employers’ representatives, non-governmental organizations (NGOs) and UN personnel, representatives of local administration and 250 children. The Committee also notes the Government’s indication that child labour issues were discussed by the central government and authorities at the provincial level, and a meeting was organized between stakeholders and law enforcement authorities. In addition, the Committee notes the information from the ILO Subregional Office in Bangkok that ILO–IPEC recommenced operating in the country in mid-2010, and that there is a new Memorandum of Understanding between the Government and the ILO to undertake work in the area of child labour. The Committee requests the Government to continue to provide information on measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with the ILO, as well as the impact achieved.

Article 2(1). Scope of application. The Committee previously noted that the Labour Law (pursuant to sections 2, 3 and 6) appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application, and that therefore, the minimum age contained in the Labour Law did not apply to children performing work outside of a formal labour relationship. In this regard, the Committee reminded the Government that the Convention applies to all branches of economic activity not expressly excluded under Article 5 of the Convention, and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not.

The Committee notes the Government’s statement that labour inspections are conducted in the informal economy. However, the Government indicates that the labour inspectorate is not proactive in the informal economy, but that it will consider strengthening the capacity of labour inspection services in order to deal with this issue. The Committee also notes the Government’s statement that it is currently considering comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law, which it aims to complete by 2012. The Government states that this law will address issues that are not dealt with by the current Labour Law. The Government further indicates that a tripartite committee has been set up to work on this draft law. The Committee encourages the Government to consider, in the context of reforms to the Labour Law and the development of the Labour Protection Law, the Committee’s comments concerning the application of the Convention to forms of work performed outside the framework of a formal employment relationship. It requests the Government to provide information on developments in this regard. The Committee also requests the Government to pursue its efforts to expand the reach and strengthen the capacity of the labour inspection services to better monitor the work performed by young persons in the informal sector.

Article 2(1) and (4). Minimum age for admission to employment or work. The Committee previously noted that at the time of ratification of the Convention, the Government specified 14 years as the applicable minimum age for admission to work or employment. It requested the Government to indicate whether consultations with employers’ and workers’ organizations were held in this regard, in accordance with Article 2(4) of the Convention. The Committee notes the Government’s indication that a tripartite meeting was held in the determination of the minimum age of 14 years of age.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that article 22 of the Constitution states that the Government shall implement compulsory primary education. Moreover, section 5 of the Protection of the Rights and Interests of Children Act outlines that children have a duty to complete at least primary school. However, the Committee also noted the information in the Education for All National Plan of Action 2003–15, released by the Ministry of Education in 2005, that compulsory schooling only lasts from the age of 6 to 11 years. The Committee observed that while the requirement of Article 2(3) of the Convention was fulfilled (as the specified minimum age for employment (14 years) is not less than the earliest age of completion of primary education (11 years)), it emphasized the necessity of linking the age of admission to employment to the age limit for compulsory education. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of inactivity. The Committee therefore indicated that it was desirable to ensure that compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146.

The Committee notes the Government’s statement that the Ministry of Education has a special policy to promote access to education for children from poor families, including not only primary compulsory education, but also upper secondary school. In this regard, the Committee notes the Government’s indication that low enrolment and completion rates in primary education are concentrated among children in rural, remote and specific ethnic group areas, and particularly among children from low income families. However, the Committee notes an absence of information in the Government’s report concerning any measures taken or envisaged to raise the age of completion of compulsory education. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 8 April 2011, expressed concern at the disparity between the legal minimum age for employment and the age of completion of compulsory education (11 or 12 years) as this disparity could create a situation whereby children who do not wish to continue their schooling after completing their compulsory education start working illegally before attaining the minimum age for employment (CRC/C/LAO/CO/2, paragraph 63). Recalling that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to indicate the measures taken or envisaged to ensure compulsory education up to 14 years, in line with the minimum age for admission to work. It requests the Government to provide information on any measures taken in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee previously noted a list of types of hazardous work prohibited to persons under 18, contained in section 41 of the Labour Law. It requested the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned. The Committee notes the Government’s indication that in determining the types of hazardous work prohibited to persons under 18 years of age, a tripartite meeting was held.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government, at the time of ratification, made a declaration pursuant to Article 5 of the Convention limiting the application of the Convention to the following areas: mining industries, manufacturing industries, construction and public works, electricity, gas and water, medical and hygiene services, transport, storage service and communication, and farms and other agricultural establishments that are developed mainly for commercial purposes. The Committee requested the Government to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application.

The Committee notes the Government’s statement that it will consider making another declaration to lift this limitation. In this regard, the Committee notes the Government’s statement in its report to the CRC of 10 August 2010 that, with regard to preventing child labour, the problem relates to work performed within family. The Government indicates in this report that nearly 85 per cent of the population work on the land, and, within that environment, children take part in the family’s daily work. The Government states in this report this involvement may have a negative impact on their schooling (CRC/C/LAO/2, paragraph 152). In this regard, the Committee encourages the Government to pursue its efforts towards a wider application of the provisions of the Convention, in conformity with Article 5(4)(a) of the Convention. It requests the Government to continue to provide information on progress made to this end.

Article 6. Vocational training and apprenticeship. The Committee previously observed a lack of information from the Government on the minimum age for admission to apprenticeships. The Committee notes that, in this regard, the Government’s report refers to section 16 of the Decree on Technical and Vocational Education and Training and Skills Development. Recalling that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme, the Committee requests the Government to provide a copy of the Decree on Technical and Vocational Education and Training and Skills Development with its next report.

Article 7. Light work. The Committee previously observed that, according to information from UNICEF, approximately 25 per cent of children between the ages of 5 and 14 were engaged in child labour during the 1999–2007 period. However, the Committee observed that the national legislation did not contain provisions for the performance of light work for children under the minimum age of 14 years.

The Committee notes the Government’s indication that the issue of light work may be considered during the comprehensive reforms of the Labour Law and the establishment of the Labour Protection Law. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention, which provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to 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 encourages the Government to consider, within the framework of the ongoing labour law reforms, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention.

Article 9(3). Keeping of registers. The Committee previously requested information on the measures taken to ensure conformity with Article 9(3) of the Convention. The Committee notes the Government’s statement that, at the moment, the Labour Law does not require employers to keep registers and documents of persons employed or working for him/her. However, the Government indicates that, in revising the Labour Law, it will take this matter into consideration. The Committee requests the Government to take the necessary measures, within the framework of revisions to the Labour Law, to ensure that employers maintain and make available registers (or other documents) containing the name and ages of all persons under 18 whom they employ, in conformity with Article 9(3) of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that SIMPOC was conducting a national child labour survey. The Committee notes the statement in the Government’s report that the SIMPOC survey has been completed, and the data is current being analysed. The Government indicates that the report will be finished by the end of 2011. The Committee requests the Government to provide a copy of the SIMPOC survey report, once finalized.

The Committee encourages the Government to take into consideration, during its review of the Labour Law, the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites it to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report. It requests the Government to provide further 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 in the Government’s report on the establishment of the Office of Child Labour Protection and Trafficking in Person Prevention, established in 2006, which represents the Committee on Child Labour Employment Protection and acts as a focal point for ILO–IPEC and other programmes on child labour. The Committee also notes that, from 2000–04, the Department of Labour (within the Ministry of Labour and Social Welfare (MoLSW)), in collaboration with ILO–IPEC, conducted a National Programme for the Prevention and Elimination of Child Labour (the NPCL). The NPCL involved capacity building, strengthening the coordination and communication between different levels of government, as well as between the Government and ILO–IPEC, and a national workshop to strengthen the coordination network among key stakeholders. The NPCL also involved ILO–IPEC field visits to textile, agricultural and paper factories, a campaign to raise awareness of child labour issues in the Lao People’s Democratic Republic (Lao PDR), activities to prevent children from becoming domestic workers, and support for the MoLSW in the coordination of the fight against child labour. The Committee takes due note of this information and requests the Government to continue providing information on the abovementioned projects and the results attained, specifying their contribution to the effective abolition of child labour

Article 2, paragraph 1. Scope of application. The Committee notes that the Labour Act, pursuant to section 6, applies only to employees and employers who carry out activities in labour units. Pursuant to section 2 of the Labour Act, an employer is defined as a person or organization using employees for its activities by paying wages, and providing benefits to the employees as regulated by laws, regulations and the employment contract. An employee is defined as a person working under the supervision of an employer while receiving compensation for work through salary or wages and benefits as regulated by laws, regulations and the employment contract. Section 3 of the Labour Act further provides that work must be conducted under an employment contract between the employee and the employer. Therefore, the Labour Act appears to exclude work performed outside of a formal labour relationship, such as self-employment, from its scope of application. The Committee reminds the Government that the Convention applies to all branches of economic activity not expressly excluded under Article 5 of the Convention, and covers all types of employment or work, whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. The Committee accordingly requests the Government to provide information on the manner in which children who are not bound by an employment relationship and contract are given the protection provided for in the Convention.

Article 2, paragraphs 1 and 4. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification of the Convention, the Government specified 14 years as the applicable minimum age for admission to work or employment, in accordance with Article 2(4) of the Convention. It notes that, by virtue of section 41 of the Amended Labour Law, No. 06/NA, 2006 (the Labour Act), an employer may employ children who are at least 14 years of age and less than 18 years of age, provided that they do not work for more than eight hours a day and are not employed in sectors involving the performance of heavy work or work that is dangerous to their health. The Committee requests the Government to indicate whether consultations with employers' and workers' organizations were held in determining the minimum age of admission to employment or work.

Article 2. paragraph 3. Age of completion of compulsory education. The Committee notes that section 22 of the Constitution of Lao PDR (the Constitution) states that the Government attends to the development of education and implements compulsory primary education. By virtue of section 38 of the Constitution, all citizens have a right to receive education. Section 5 of the Protection of the Rights and Interests of Children Act (the PRIC Act) outlines that children have a duty to complete at least primary school. The Committee also notes that the government report refers to the Education Act No. 04/Na of 3 July 2007, and notes information in the Government’s report that children are entitled to free and compulsory primary education. This goal is pursued through the Education for All National Plan of Action 2003–15 (EFA NPA), released by the Ministry of Education in 2005. The EFA NPA indicates that compulsory schooling consists of five years of schooling and generally begins at the age of six. The Committee further notes that the National Growth and Poverty Eradication Strategy (NGPES) indicates that the Compulsory Education Decree of 1996 (No. 138/PMO/96, 15 August 1996) mandates participation in primary schooling and does not allow students to drop out until they have completed the course or reached the age of 14. According to the UNESCO report entitled “Secondary education regional information base country profile Lao PDR” (hereinafter referred to as the UNESCO report) issued in 2009, compulsory schooling lasts from the ages of 6 to 11, though schooling is free through the ages of 6 and 14 (primary and lower secondary education).

The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the specified minimum age for employment (14 years) is not less than the earliest age of completion of primary education (11 years). The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure that compulsory education is up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee encourages the Government to pursue efforts to ensure compulsory education up to 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard. The Committee also asks the Government to provide copies of the Education Act No. 04/Na of 3 July 2007 and the Compulsory School Act 1996.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes the Government’s information that, pursuant to section 41 of the Labour Act, an employer may not employ children between the ages of 14 and 18 in work that involves the performance of heavy work or work that is dangerous to their health, which are listed as: all types of mining, production activities that use chemicals, explosives or toxic substances, work involving the handling of human corpses, overtime work, work in environments with excessive noise, work in places serving alcohol or with gambling; work at night between 10 p.m. to 5 a.m.; and work specified in section 16 of the Labour Act. Section 16 of the Labour Act prescribes guidelines for the maximum number of hours of work per week, and prescribes a maximum of six hours per day and thirty-six hours per week in various types of hazardous work, such as work underground, work in extreme temperatures, and work with exposure to radiation, vapour or dangerous chemicals. The Committee asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that the Government, at the time of ratification, made a declaration pursuant to Article 5 of the Convention limiting the application of the Convention to the following areas: mining industries, manufacturing industries, construction and public works, electricity, gas and water, medical and hygiene services, transport, storage service and communication, and farms and other agricultural establishments that are developed mainly for commercial purposes. The Committee notes that these sectors correspond to the scope of obligatory coverage pursuant to Article 5(3) of the Convention. The Committee requests the Government to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application, as well as all progress made towards a wider application of the provisions of the Convention, in conformity with Article 5, paragraph 4(a), of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes the information in the Government’s report that, under the National Socio-Economic Development Plan 2006–10, mechanisms for the promotion of vocational training for workers to increase employability will be implemented, that the private sector (domestic and foreign) will be encouraged to take part in vocational training and that training centres will be developed in three regions of Lao PDR. The Committee also notes the Government’s indication that the improvement of vocational training and the creation of employment opportunities for young people is a governmental focus for future action. The Committee further notes the information in the EFA NPA that the possibility of secondary vocational school is offered to students following the completion of lower secondary school, usually starting at age 14. In addition, the Committee notes that vocational training and technical training is offered following the completion of upper secondary school, typically starting at age 17.

The Committee notes that the Government provides no information regarding the minimum age for entering an apprenticeship programme. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme. The Committee requests the Government to provide information on the minimum age for entering an apprenticeship programme.

Article 7. Light work. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee nonetheless notes that, according to information from UNICEF, approximately 25 per cent of children between the ages of 5 and 14 were engaged in child labour during the 1999–2007 period. The Committee recalls that Article 7(1) and (4) of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to 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 accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 12 years and above.

Article 9, paragraph 1. Penalties. The Committee notes that, pursuant to section 76 of the Labour Act, an individual or legal entity who violates the provisions in the Labour Act shall be re-educated, warned, fined, subject to temporary suspension of business, subject to withdrawal of business licence or brought to court proceedings based on the nature of the offence, which includes paying compensation for the civil damage caused, as regulated by the laws and regulations. The Committee also notes that section 83 of the PRIC Act prescribes re-education measures for individuals or organizations that employ a child under 14 years of age. Section 84 of the PRIC Act provides for administrative measures for individuals or organizations that continue to violate the provisions of section 83 following re-education, or those who employ children over the limit of hours, or employ children to perform heavy work (as prescribed by the Labour Law). Those who violate section 84 may also be subject to suspension or withdrawal of their business licence. Section 87 of the PRIC Act mandates punitive measures: “[a]ny person using child labour in hazardous sectors, and who has been subject to administrative measures but has repeated the offence, shall be punished by imprisonment from three months to one year and fined from 1,000,000 kip to 2,000,000 kip [8500 kip is equivalent to US$1]. If such use of child labour causes disability or death to the child, [such person] shall be punished by imprisonment from three years to seven years and fined from 3,000,000 Kip to 7,000,000 Kip”. The Committee takes due note of this information.

Article 9, paragraph 3. Keeping of registers. The Committee notes that the Government’s report contains no information on legislative or regulatory provisions requiring the employer to keep registers and documents of persons employed or working under him/her. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the name 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. The Committee requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes that, pursuant to section 71 and section 66 of the Labour Act, the competent labour inspection authority is the labour administration agency, which is comprised of the MoLSW as well as labour and social welfare divisions at the local and regional levels of government. Pursuant to section 72 of the Labour Act, the labour inspection authority is charged with, among other duties, inspecting the implementation of labour laws and regulations, workplace safety and health, and pursuant to 72(4), the use of female and child labour. Section 75 of the Labour Act provides for three types of labour inspections: regular (planned) inspections, follow-up inspections, and emergency (without advance notice) inspections.

The Committee notes that the PRIC Act also provides several mechanisms for inspection. Section 40 of the PRIC Act provides for urgent measures, including inspection, by the Committee on Protection and Assistance to Children upon discovering, or receiving a report on a child in need of special protection, in order to remove the child from such harm. Further, pertaining to child offenders in vocational and technical centres, section 77 of the PRIC Act states that the “[t]he State pays attention to the regular monitoring and inspection of vocational training by assigning the offices of the Public Prosecutor, in collaboration with other relevant agencies, to monitor and inspect the performance of duties of these vocational training centres, in order to ensure that the centres carry out their duties and activities effectively and in conformity with the laws and regulations”. The Committee notes this information.

Part V of the report form. Application of the Convention in practice. The Committee notes the information in the 2005 Population Census, conducted by the National Statistics Centre, that 120,366 children between the ages of 10 and 14 were engaged in unpaid family economic activity, and 9 271 children were working on their own account. The Committee further notes that SIMPOC is currently conducting a national child labour survey. The Committee requests the Government to provide information from this survey when it is completed. The Committee also requests the Government to provide information on the manner in which the Convention is applied, including 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 violations detected involving children and young persons.