Worst Forms of Child Labour Convention, 1999 (No. 182) - Macau Special Administrative Region (Ratification: 2002)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 3(b) of Law No. 10/78/M on the Sale, Display and Exhibition of Pornography and Obscene Materials prohibits any sale to children, or marketing through children under 18 years of age, of pornographic or obscene materials, while section 166(4)(b) of the Penal Code only criminalizes the use of children under 14 years of age for the production of pornography. The Government indicated that Law No. 10/78/M was being revised pending suggestions from the public. The Committee therefore requested the Government to take the necessary measures to ensure the prohibition on the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes with satisfaction the Government’s information in its report that Act No. 8/2017 (Amendment to the Penal Code) adds section 170(a) to the Penal Code, which prohibits the use of children under 18 years of age for the production of pornography or for pornographic performances, or inducing them to participate in such activities, with a penalty of imprisonment of up to eight years. The Committee therefore requests the Government to provide information on the application of section 170(a) of the Penal Code in practice, including the number of investigations, prosecutions and convictions, as well as the penalties applied.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s reference to the provisions under Law No.10/78/M on the Sale, Display and Exhibition of Pornography and Obscene Materials and the Penal Code. The Committee notes that section 3(b) of Law No. 10/78/M prohibits any sale to children or marketing through children under the age of 18 years of pornographic or obscene materials. Section 166(4)(b) of the Penal Code makes it an offence to use children under the age of 14 years for the production of pornography. The Committee observes that section 3(b) of Law No. 10/78/M only deals with the sale and marketing of pornographic materials and not the use of children under 18 years for the production of pornography while section 166(4)(b) of the Penal Code only covers children under 14 years of age. The Committee further notes the Government’s indication that Law No. 10/78/M is currently being revised pending suggestions from the public. The Committee requests the Government to take the necessary measures, during the review of Law No. 10/78/M, to ensure the prohibition on the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances. It requests the Government to provide information on any progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously observed that national legislation only covered delivering drugs to minors and did not explicitly prohibit the use, procuring or offering of a minor for the production and trafficking of drugs.

The Committee notes the Government’s statement that the offences related to using or abetting a person to manufacture or sell drugs under Law No. 17/2009 on the Prohibition of Illicit Production, Sale and Consumption of Narcotics and Psychotropic Drugs shall be punishable as a criminal offence according to sections 25 and 68A of the Penal Code. According to section 25 of the Penal Code, any person who commits an offence either in person or through other persons or who makes a deliberate attempt to force other persons to commit a criminal act shall be punished. Moreover, according to section 68A of the Penal Code, any person who uses a child under the age of 16 years to commit a crime shall be subject to heavier penalties.

Application of the Convention in practice. The Committee notes the statistical information provided by the Government with regard to the number of children involved in the worst forms of child labour and on convictions and penalties imposed on the perpetrators. According to this data, during the period from 2010 to May 2014, 44 cases of trafficking of children for sexual exploitation involving 48 children (all girls) were reported; 11 cases of forced child prostitution involving 14 children were reported; and 27 cases of drug trafficking by children, involving 43 children were reported. The Committee also notes from the Government’s report that the court made four decisions in relation to employers for employing children in hazardous work and sentenced them to a fine ranging from 20,000 to 160,000 Macau patacas (MOP). In addition, the labour inspectors detected 38 cases violating the prohibition on night work; ten cases relating to overtime work; and two cases of employing children in hazardous work.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted with interest the Government’s indication that it had prepared a draft law on control over the production and distribution of pornographic objects which was undergoing legislative process. It had further noted that the draft law contains provisions prohibiting the use of minors for making, copying, importing, exporting, storing, selling, advertising, offering or promoting objects of child pornography. The Committee notes the Government’s information that the draft text is currently undergoing a consultation process, and after the completion of inquiry work and the analysis of opinions collected, the draft text will be submitted for legislative process. The Committee hopes that the draft law controlling the production and dissemination of pornographic products will be adopted in the near future. The Committee requests the Government to provide information on the progress made in this regard and to supply a copy of the law, once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted the Government’s indication that it was in the process of preparing a draft law on the Prohibition of Illicit Production, Sale and Consumption of Narcotic Drugs and Psychotropic Substances which contains provisions prohibiting the use of minors for the production of drugs. The Committee notes the Government’s statement that the Ban on Illegal Production, Trafficking and Consumption of Drugs and Narcotics Act No. 17/2009 was approved by the legislative council and came into force on 10 September 2009. The Committee notes that this Act provide for penalties for the offences related to the illegal production of drugs and narcotics (section 7), the illegal trafficking of drugs and narcotics (section 8) and the provision of facilities and materials for the production of drugs (section 9). The Committee notes the Government’s statement that section 10 of the Act provides for higher penalties for using a minor for the activities described in sections 7, 8 and 9. It notes, however, that according to paragraphs (8) and (10) of section 10 of the Act, if persons or agents conducting the activities described in sections 7, 8 and 9 deliver or attempt to deliver plants, substances or preparations to a minor or commit such acts in educational establishments or sportive or recreational places for minors, they shall be subject to higher penalties. The Committee observes that the above provisions only refer to giving or delivering drugs to minors and do not explicitly prohibit the use of a minor for the production and trafficking of drugs. The Committee therefore requests the Government to indicate the measures taken to explicitly prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 4(1). Determination of types of hazardous work. The Committee had previously noted the Government’s statement that the new Labour Law specifically stipulates the places and types of dangerous work to which the admission of minors under 18 years will be prohibited or subjected to restrictions, taking into account the types of work suggested by Recommendation No. 190, Paragraph 3, clauses (a)–(e). The Committee notes that according to section 29 of the Labour Relations Law, an employer shall not employ a minor to perform: (1) domestic work; (2) overtime work; (3) work during the period from 9 p.m. to 7 a.m. of the following day; (4) work at places where admission is forbidden to under-18s; and (5) work on the list of prohibited occupations for minors, approved by dispatch of the Chief Executive. It further notes with interest that pursuant to subsection (5) of section 29, the Government adopted the Chief Executive’s Dispatch No. 343/2008, Approving the List of Occupations with Restricted Conditions for Minors, and the Chief Executive’s Dispatch No. 344/2008, Approving the List of Prohibited Occupations for Minors. The Committee notes that List No. 343/2008 contains the types of work involving physical or chemical elements; dangerous operations or demolishing work; and the types of workplaces that may put minors at risk. Furthermore, List No. 344/2008 enumerates work involving physical and chemical factors; work that involves dangerous materials; work with dangerous machines; and workplaces or establishments that may put minors at risk. Moreover, according to the provisions of section 85(2) of the Labour Law of 2008, an employer employing minors to work in violation of the provisions of section 29 shall be punished with a fine of 10,000 Macanese patacas (MOP) (about US$1,250) to MOP25,000 (about US$3,100).

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted the Government’s indication that an Education Committee was created to deal with the issue of helping school drop-outs return to campus. The Committee notes the Government’s information that the Education Committee through the Bureau of Education and Youth implemented a series of follow-up activities for the school re-enrolment of drop-out students. These activities included providing assistance to students in attaining a place in school, intensifying the reporting mechanism of drop-out students, and implementing a programme of adaptation to campus learning. It notes the Government’s information that in 2008, 1,262 cases of school drop-outs were reported, out of which 1,171 were re-enrolled; in 2009, 924 cases were reported and 909 re-enrolled, and during the period up to May 2010, 134 cases were reported, out of which 114 were re-enrolled. The Committee also notes that the Bureau of Education and Youth was also entrusted to issue school attendance notification to children of between five and 15 years of age who were not registered in any educational institution. It further notes the Government’s information that the Bureau of Education and Youth issued 2,952 school attendance notifications in 2008, 2,862 in 2009, and 3,045 in 2010.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Inter-agency Commission. Following its previous comments, the Committee notes the Government’s information that following the intervention by the Inter-agency Commission, 39 child victims of trafficking were rehabilitated through social assistance programmes during the period from June to December 2008, 11 children in 2009 and eight children in 2010. Furthermore, in 2008 and 2009, one child victim each, and in 2010, two child victims were provided with police protection for their safe return to the original place of residence.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the statistical information provided by the Government with regard to the number of children involved in the worst forms of child labour and on convictions and penalties imposed on the perpetrators. According to this data, during the period from June 2008 to April 2010, 11 cases of trafficking in children, involving 12 children were reported, and out of the nine suspects, one of them was sentenced to seven-and-a-half years of imprisonment, and five of them who were Chinese citizens, were expelled from Macau, and three others were forbidden to leave Macau for further investigation. With regard to the prostitution of minors, 22 cases were reported involving 23 minors, with 15 suspected criminals detained. With regard to drug trafficking 25 cases were reported, involving 38 minors. The Committee requests the Government to indicate the number of criminals prosecuted, convicted and sentenced with regard to the cases of drug trafficking involving minors. It also requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information should be disaggregated by sex and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that by virtue of section 153(b) of the Penal Code, any person who sells or cedes a person, shall be subject to a penalty. It had also noted that Act No. 6/97/M punishes trafficking for the purpose of prostitution. The Committee had therefore requested the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children under the age of 18 years for labour exploitation. The Committee notes with interest the Government’s statement that it adopted Law No. 6/2008 on Combating the Crime of Human Trafficking, on 12 June 2008. Section 153 of the Penal Code has been amended by section 2 of Law No. 6/2008. According to section 153-A(2), as amended, any person who provides, delivers, recruits, transports, receives or transfers a minor for the purpose of sexual or labour exploitation, forced labour or slavery shall be punished with five to 15 years of imprisonment.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 166(4)(b) of the Penal Code makes it an offence to take photographs, make movies or pornographic recordings using children under the age of 14 years. It had requested the Government to indicate the measures taken or envisaged to protect all children under the age of 18 years for the offences dealt under the above section. The Committee notes with interest the Government’s indication that it has prepared a draft law on control over the production and distribution of pornographic objects, which is currently undergoing legislative process. This draft law contains provisions prohibiting the use of minors for making, copying, importing, exporting, storing, selling, advertising or offering or promoting objects of child pornography. The Committee hopes that the draft Law on Control over the Production and Distribution of Pornographic objects shall soon be adopted. It requests the Government to provide a copy of it once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 10(a) of the Decree Law No. 5/91/M governs the sale and offering of narcotics to minors as well as inducing a minor to the illicit use of such substances. The Committee notes the Government’s information that with regard to the use of minors to produce drugs, the Government is in the process of preparing a draft law on the Prohibition of Illicit Production, Sale and Consumption of Narcotic Drugs and Psychotropic Substances. The Committee requests the Government to provide a copy of the Law on the Prohibition of Illicit Production, Sale and Consumption of Narcotic Drugs and Psychotropic Substances, as soon as it has been adopted.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee had previously noted the Government’s statement that the new Labour Law specifically stipulates the places and types of hazardous work to which the admission of minors under 18 years will be prohibited or subjected to limitations, taking into account the types of work suggested by Recommendation No. 190, Paragraph 3, clauses (a)–(e). The Committee requests the Government to provide a copy of the list of types of hazardous work prohibited to minors under 18 years, as soon as it has been adopted.

Article 7. paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes with interest the Government’s information that in order to support the development of non-tertiary education and extend the implementation of free education, it has adopted the following legislations: Law No. 9/2006, Fundamental Law of Non-Tertiary Education System; Administrative Regulation No. 19/2006, Free Education Subsidy Scheme; Administrative Regulation No. 20/2006, Tuition Subsidy scheme; Administrative Regulation No. 16/2007, the Education Development Fund Scheme; and Administrative Regulation No. 17/2007 Revised Free Education Scheme. The Committee notes that the provisions of the above laws provide for the realization of 15 years of completely free education. It also notes the Government’s information that it has developed an Education Development Fund to assist and facilitate various development-oriented educational programmes and activities in the area of non-tertiary education. The Committee also notes the Government’s indication that taking into consideration the educational needs of children having surpassed the age of compulsory education it has installed in 2007/2008 a continuing education scheme allowing children over the age of 16 years to receive recurrent education at the level of secondary school. The Committee further notes the Government’s information that an Education Committee was created to deal with the issue of helping the school dropouts to return to campus. The Committee finally notes the Government’s indication that from February 2006 onwards, the Education and Youth Affairs Bureau introduced a system of issuing a school attendance notification to children between five and 15 years who had not been registered in any educational institutions in Macao. The Committee requests the Government to indicate the number of school drop-outs who had been brought back to school by the Education Committee. It also requests the Government to indicate the number of school attendance notifications issued by the Education and Youth Affairs Bureau.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Social Welfare Bureau. Following its previous comments, the Committee notes the Government’s indication that for the period from June 2006 to May 2008, the Social Welfare Bureau (SWB) dealt with 80 cases involving children, including 14 abandoned cases, 53 abused and 13 deprived of care. It also notes that the SWB dealt with one case of abduction transferred to Macao by the central authorities of Australia in 2004. The minor involved in the case was repatriated to Australia in March 2007. The Committee further notes the Government’s information that the SWB is in the process of revising the law related to the protection of children and the social protection system. The Committee requests the Government to provide information on any progress made in the adoption of the draft law on child protection and the social protection system.

2. Inter-agency Commission. The Committee notes the Government’s information that according to the Dispatch of the Chief Executive Law No. 266/2007, the Government established an Inter-agency Commission to supervise the implementation of dissuasive measures for human trafficking. According to section 3 of the above law, the main function of the Inter-agency Commission is to assess and study the situation on human trafficking in the country and provide recommendations, and supervise and follow up actions taken by various departments in the area of combating human trafficking, including prevention, victim protection and social integration. In order to achieve this, the Inter-agency Commission shall carry out, among others, the following tasks: (a) review the laws to make sure that they are in compliance with the current concepts in international law; (b) prevent human trafficking resulting from other related activities, such as the pornographic industry; (c) provide medical facilities, social counselling as well as safe sheltering for the victims of trafficking; and (d) establish social reintegration measures for victims, including safe repatriation. The Commission shall also carry out international and regional cooperation, so as to achieve better collaboration between all corresponding departments in a concerted effort to dissuade human trafficking. The Committee requests the Government to indicate the number of child victims of trafficking who have been provided assistance and shelter and rehabilitated and repatriated by the Inter-agency Commission.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that according to the Annual Report, 2006 of the Judiciary Police, 30 persons under the age of 21 were arrested for drug trafficking. The Committee also notes the Government’s statement that according to the report of the Labour Inspection Department, in 2006, no cases of the worst forms of child labour referred to in the Convention have been discovered. The Committee requests the Government to indicate how many of the persons arrested by the police for the offences related to drug trafficking were below the age of 18 years. It also requests the Government to continue to provide statistics on the nature, extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that Act No. 6/97/M only punishes trafficking for the purpose of prostitution. The Committee had requested the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation. The Committee notes the Government’s statement that MSAR is a relatively developed and prosperous region, and the fact that children are subject to a 12-year compulsory education limits their possibility to take up employment. It further notes the Government’s information that there is no child labour problem in the country and that the cases of the worst forms of child labour are very rare. Accordingly, there is no possibility of trafficking children for the purposes of labour exploitation. The Committee observes that, by virtue of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to prohibit the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the necessary measures taken or envisaged to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 166(4)(b) of the Penal Code makes it an offence to take photographs, make movies or pornographic recordings using children under the age of 14 years. The Committee had requested the Government to indicate the measures taken or envisaged to protect all children under the age of 18 years from the offences dealt with under the above section. The Committee notes that the Government’s report does not contain any information on this point. The Committee once again requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances, and to adopt appropriate sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes the Government’s information that the measures to prevent and combat the use of minors to sell or consume narcotic substances are provided under Decree-Law No. 5/91/M on Criminalizing the Sale and Use of Narcotic Drugs and Psychotropic Substances and Promoting Measures to Combat Drug Use. It notes that the Government refers to section 10(a) (giving psychotropic substances and chemical preparations to minors for consumption); section 14(3) (delivery of such substances and preparations to minors); and section 16(4)(a) (inducing minors to the illicit use of the substances and preparations) of the above Law. The Committee observes that the above provisions do not prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit in the national legislation the use, procuring or offering of children under 18 years of age for illicit activities, in particular, for the production and trafficking of drugs.

Article 3(d). Hazardous work. Self-employed children. The Committee had previously requested the Government to indicate the measures taken or envisaged to ensure the protection of domestic workers, family workers or self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s indication that, according to subsection (2) of section 40 of Decree-Law No. 24/89/M on Labour Relations, the employment of children under 16 years of age for domestic work is prohibited. It further notes the Government’s indication that the Government is in the process of revising Decree-Law No. 24/89/M which would eventually strengthen the child labour regulations. The Committee notes that this draft Labour Law, the legislative process for the adoption of which is in the final phase, will continue to maintain the stipulations on domestic work while raising the minimum age for employment to such work to 18 years. The Committee also takes note of the Government’s information that the country is basically free from child labour including self-employed children.

Article 4, paragraph 1. Determination of types of hazardous work. Following its previous comments, the Committee notes the Government’s information that, since no worst forms of child labour were found, nothing was done to follow up on the stipulation under section 41 of the Decree-Law No. 24/89/M which states that, in order to protect the healthy development, security and life of minors, the service rendered by them in some professions or activities may be prohibited or restricted by administrative rules. The Committee notes with interest the Government’s information that the new Labour Law will specifically stipulate the places and types of hazardous work to which the admission of minors will be prohibited or subjected to limitations, taking into account the types of work suggested by Recommendation No. 190, paragraph 3, clauses (a)-(e). The Committee trusts that this draft Labour Law will soon be adopted and requests the Government to provide information on the progress made in this regard.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. Labour Affairs Bureau. The Committee had previously noted that the Labour Affairs Bureau (LAB) is the competent authority to ensure compliance with labour legislation, and the Labour Inspection Department (LID) under the Labour Affairs Bureau is mainly responsible for inspections. The Committee notes the Government’s information that the functions of the LID as laid down under section 7 of Administrative Regulation No. 24/2004 are to carry out, in a sustained manner, inspections and education in the areas of labour relations and working conditions, and to undertake legal procedures against violations discovered during inspection. The above functions of the LID are carried out through its three subunits, namely: the Labour Protection Division, Labour Rights Division and the Administrative Support section. The Committee notes the Government’s information that, with regard to the implementation of this Convention, the main duty of the Department is, through inspections, to discover and combat any possible worst forms of child labour. It notes the Government’s indication that, according to the annual reports of the Department up to 2004, no cases of worst forms of child labour referred to in this Convention have been discovered. The Committee also notes the Government’s indication that the functions of the Occupational Safety and Health Department working under the Labour Affairs Bureau and which collaborates with the LID, include preventing the occurrences of accidents at work and occupational diseases, including the occupational safety and health of working minors.

2. Judiciary police. With regard to the implementation of the penal provisions, the Committee notes the Government’s information that the criminal penalties in relation to the prohibition and elimination of the worst forms of child labour are the duties of the judiciary police (JP) whose function is to conduct crime prevention and crime investigation and render assistance to the judicial authorities by carrying out the activities requested or actions delegated by them. According to section 2 of the Law No. 5/2006 on Judiciary Police, the duties of the JP in crime prevention are to watch and inspect all establishments and shops; hotels, recreational or similar establishments and other localities suspicious of activities of prostitution, trafficking or consuming narcotics; points of embarkation or disembarkation of passengers, etc. By virtue of section 7 of the above Law, the JP is delegated with the exclusive competence to investigate crimes punishable with the maximum penalty of more than three years of imprisonment; crimes of trafficking narcotics and psychotropic substances; crimes of depriving freedom, enslaving, kidnapping or abducting, etc. The Committee also notes the Government’s information that the other criminal police departments are duty bound to immediately notify the JP of facts coming to their knowledge with regard to the aforesaid crimes. It further notes the Government’s information that, in order to actively eliminate the worst forms of child labour, the JP will carry out scheduled and unscheduled anticrime inspection operations, with special emphasis on organized crimes and drug-related crimes.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s indication that considering education and the healthy physical and mental development as the basis to eliminate the worst forms of child labour, the Government exerted great efforts in providing basic education, and launched various activities that meet the needs of the youth in their growth. According to the Policy Address of MSAR of the People’s Republic of China, 2006, the Government is expediting the drafting of the institutional laws on higher and basic education, with the end goal of increasing the effectiveness of education, and the Government is also setting up special units to follow the situation of the young pupils who have dropped out of school. After implementing free education for young children, the Government will continue to work towards free education for senior middle schools until reaching the goal of completely free non-tertiary education. The first step towards this goal is to eliminate the Complementary Service Fee to reduce the burden of the parents and to generalize the granting of the Free Education Subsidy to senior middle school pupils. The Committee also notes that the Government, in its efforts to revise the educational system, also pays attention to promoting and protecting young people who have completed junior middle school education or reached 15 years of age or who have exceeded the upper limit for entry into primary schools, by offering them the possibility of a transition into the labour market through the vocational training system. The Committee notes the Government’s information that the draft law to revise the MSAR educational system has already entered the legislative procedure.

The Committee further notes the Government’s information that, according to the Social and Cultural Policy Guidelines 2006, an Education Committee will be set up to deal with dropouts and to give effect to and improve the measures for tracking the dropouts from compulsory education; measures will be taken to help the pupils of families with financial difficulties to complete education; plans will be introduced to finance vocational courses, thereby providing pupils with enlarged opportunities; schools will be supported financially to provide assistance to pupils with learning difficulties or behavioural problems; and a centre for ethical education will be set up so as to strengthen the pupil’s resistance against such unhealthy temptations such as drugs and pornography. The Committee requests the Government to keep it informed of the progress made in the adoption of the draft law on the educational system. It also requests the Government to provide more information on the implementation of the above policy measures on compulsory education and their impact on preventing the engagement of children in the worst forms of child labour.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Social Welfare Bureau. The Committee notes the Government’s information that, through measures for social protection formulated in accordance with Decree Law No. 65/99/M on the Systems for Education and Social Protection under the Judicial Jurisdiction for Minors, the Social Welfare Bureau (SWB) takes appropriate protective measures including counselling, social or psychological education and economic assistance to children who are being subjected to abandonment or other conditions which endanger their safety, health, moral development or education and child victims of sale, trafficking or slavery. In such cases, the SWB informs the criminal police and, according to the needs of the situation, takes appropriate rescuing operations to bring the child out of danger and give the child necessary assistance, while at the same time informing the child of the relevant procedures to open the social protection scheme at the court. The Committee notes the Government’s indication that the SWB has never encountered any case involving the sale, trafficking or slavery of children. The Committee also notes that the SWB has been designated the executing organ responsible for the implementation of the Convention on the Civil Aspects of International Child Abduction, which, when necessary, carries out various measures to assist the child’s repatriation. It further notes the Government’s information that the SWB is reviewing and considering the revision of laws in relation to the protection of children so as to upgrade the protection for the rights of the child and to meet the provisions of this Convention. The Committee requests the Government to keep it informed of the progress of the draft law to upgrade the protective measures for children. The Committee also requests the Government to indicate the number of children withdrawn from the worst forms of child labour, protected and rehabilitated by the Social Welfare Bureau.

Clause (d). Identifying and reaching out to children at risk. Social welfare activities. The Committee notes the Government’s indication that the responsibility of identifying and reaching out to children at special risk belongs to the SWB. It notes the Government’s information that the functions of the Social Welfare Bureau within the area of social welfare include: implementing and promoting social welfare activities in order to avoid situations of exclusion; carry out social protection and social integration programmes and activities for family and community assistance; provide assistance to the economically deprived, especially to those without means of survival, and those unable to obtain means of survival due to diseases, handicap, unemployment, disability or old age.

Parts IV and V of the report form. The Committee notes the Government’s indication that according to the annual reports of the Labour Inspection Department, up to 2004, no cases of the worst forms of child labour referred to in this Convention have been discovered. It further notes the Government’s information that, as per the records of the work of the Judiciary Police in 2004, only one case was found that involved a minor less than 16 years of age in the crime of drug trafficking, and which has been forwarded to the judicial authorities. The Committee requests the Government to continue to provide statistics on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

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

The Committee takes note of the Government’s first report and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that by virtue of section 153(b) of the Penal Code, any person who sells or cedes a person, shall be subject to a penalty. It also notes that section 7(1) of the Act on Organized Crime (Act No. 6/97/M of 30 July 1997) (Act No. 6/97/M) makes international trafficking in persons (i.e. procuring, enticing, seducing or diverting) for the purpose of prostitution a crime, even if the acts constituting the offence are committed in different countries or territories. Section 7(2) of Act No. 6/97/M increases the penalty if the victim is under 18 years of age. The Committee observes that Act No. 6/97/M only punishes trafficking for the purpose of prostitution while Article 3(a) of the Convention also covers the sale and trafficking of children under 18 for labour exploitation. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation, in conformity with Article 3(a) of the Convention.

2. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 153(a) of the Penal Code provides that any person who reduces another person to a state or condition of slavery shall be subject to a penalty. It also notes that section 148 of the Penal Code states that any person who by means of violence or threat of serious injury forces another person to commit or omit to do an act, or to support an activity, shall be subject to a penalty. Moreover, it notes that section 147(1) of the Penal Code provides that any person who threatens the life, physical well-being, personal liberty, sexual freedom or self-determination or assets of significant value of another person, such as to cause that person fear or anxiety or to interfere with that person’s right of decision, shall be subject to a penalty.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indication in its initial report to the Committee on the Rights of the Child in June 2003 (CRC/C/83/Add.9, paragraph 27), that there is no conscription into the armed forces in the Macau Special Administrative Region [hereinafter the MSAR].

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 170(1) of the Penal Code makes it an offence to encourage, promote or facilitate the exercise of prostitution by a minor or the practice by a minor of flagrant sexual acts. It also notes that section 8(1) of Act No. 6/97/M makes the exploitation of prostitution, namely enticing, alluring, or diverting of a person for prostitution, even with the consent of the person, a crime subject to a penalty. By virtue of section 8(2) of the same Act, the act of favouring or facilitating prostitution, including by soliciting clients for prostitution, with or without remuneration, is also punishable. Moreover, according to section 8(3) of Act No. 6/97/M, an attempt is also punishable.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, by virtue of section 166(4)(b) of the Penal Code, it is an offence to have photographs taken, make movies or pornographic recordings using children under the age of 14. The Committee observes that section 166(4)(b) of the Penal Code covers only children under the age of 14 years. It reminds the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances should be prohibited. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances, and to adopt appropriate sanctions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee observes that there appear to be no provisions in the national legislation prohibiting the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It reminds the Government that by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and to adopt appropriate sanctions.

Article 3(d) and Article 4, paragraph 1. 1. Determination of types of hazardous work. The Committee notes that according to section 40(1) of Decree-Law No. 24/89/M, the admission of minors to work which by its nature or the circumstances in which it is carried out is likely to jeopardize the physical, spiritual or moral development of the minor can be forbidden or regulated by a decree of the Governor. It also notes that under the terms of section 41(1) of Decree-Law No. 24/89/M, a decree of the Governor can prohibit or regulate certain types and sectors of work, whenever the development, the safety or the life of the minor worker is jeopardized. The Committee observes that sections 40(1) and 41(1) of Decree-Law No. 24/89/M are of general application and that the national legislation does not contain provisions determining the types of hazardous employment or work prohibited for children and young persons under 18 years. The Committee notes however the Government’s indication that some provisions of this Decree-Law No. 24/89/M are not appropriate to present-day reality in the MSAR, in particular since ILO Conventions Nos. 138 and 182 were extended to the MSAR. For this reason, a global review of this Decree-Law is in progress. The Government also indicates that, in the draft Bill, the provisions of Convention No. 182 would be fully observed, and would contain provisions expressly prohibiting the practice of the worst forms of child labour. The Committee also notes that according to the Government’s information, the draft Bill has been thoroughly discussed in the Permanent Social Dialogue Council.

The Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This paragraph indicates that in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to provide information regarding progress towards the adoption of the draft Bill. It trusts that in the process of revising the national legislation regarding child labour, the Government will determine the types of hazardous work prohibited for children under 18, and will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

2. Self-employed children. The Committee notes that by virtue of section 3(1) of Decree-Law No. 24/89/M on labour relations (hereinafter Decree-Law No. 24/89/M) the Decree Law only applies to a labour relationship or a contract of employment. It also notes that under the terms of section 3(3), Decree-Law No. 24/89/M does not apply to domestic work, family work and self-employment. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of domestic workers, family workers or self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Paragraph 2. Identification of types of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of work so determined exist.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that Order No. 545/99 of 13 December 1999 declares, in a single provision, that the Department of Labour and Employment is designated as the competent authority to ensure compliance with obligations deriving from the international Conventions of the International Labour Organization. It also notes that according to section 1 of Decree-Law No. 52/98/M, the Department of Labour and Employment (Direcção de Serviços de Trabalho e Emprego), is designated as the competent authority to carry out the labour, employment and vocational training policies. By virtue of section 3(2)(b) and (c) of Decree Law No. 52/98/M, in order to carry out its functions, the Department of Labour and Employment counts on the labour inspectorate and the Department of Hygiene and Security at Work. The Committee requests the Government to provide further information on the work of the labour inspectorate and the Department of Hygiene and Security at Work in relation to the implementation of the provisions of the Convention. It also requests the Government to provide extracts or inspection reports specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. Moreover, as the prohibition and elimination of the worst forms of child labour covered by Article 3(a) to (c) are often dealt with under criminal law, the Committee requests the Government to provide information on the mechanisms designed to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that given that the law in which the provisions of this Convention are fully incorporated in the internal legal system of the MSAR has not yet been passed, no special measures have so far been taken in this regard. The Committee however notes the Government’s statement that it is concerned with child development and has undertaken various actions for the protection of education and youth, including the "Government Action Lines for 2004". It also notes the Government’s indication that when the new law on the dissemination and publicizing of the measures contained in Convention No. 182 enters into force, joint actions will be taken by the Department of Labour and Employment and the Department of Education and Youth. The Committee recalls that Article 6 of the Convention requires that each Member design and implement programmes of action to eliminate as a priority the worst forms of child labour. The Committee asks the Government to indicate which measures it intend to take to design and implement such programmes of action, in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code and other legislation provide for sufficiently effective and dissuasive penalties in case of violations of certain forms of the worst forms of child labour. Accordingly, it notes that sections 147, 148, 153, 166 and 170 of the Penal Code and sections 7 and 8 of the Act on organized crime (Act No. 6/97/M of 30 July 1997) prohibit the sale and trafficking of children, slavery, forced or compulsory labour, and the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee also notes that section 50(1)(b) of Decree-Law No. 24/89/M provides for the applicable sanctions in case of labour law infractions. Moreover, section 146(1)(b), (c) and (d) of the Penal Code provides for penalties in case that any person having as a subordinate in an employment relationship, a child, diminished or lacking in capacity by reason of age, illness, physical or mental disability and who: (b) employs the child in dangerous, inhumane or prohibited activities; (c) overburdens the child with excessive work; and (d) does not provide the child with the care or assistance required by virtue of the duties inherent in its functions. The Committee requests the Government to provide information on the practical application of these provisions.

Paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the existence of the following time-bound and effective measures: (a) preventing the engagement of children in the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking account of the special situation of girls. The Committee requests the Government to supply information on the measures taken or envisaged, as required under Article 7, paragraph 2(a), (d) and (e), of the Convention, to prevent the potential occurrence of the worst forms of child labour.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking. The Committee notes that during the examination of the fourth periodic report of Portugal (Macau) by the Human Rights Committee in October 1999 (CCPR/C/SR.1794, paragraph 16), the Portuguese delegation declared that the authorities had acted whenever the traffic in women for purposes of exploitation or prostitution constituted a real problem in Macau. In 1997 they had passed a new law designed to combat the organized criminal activities that in recent years had become notorious in Macau. One of the provisions of the law imposed heavier penalties for organized crime, and other provisions had been included concerning the traffic in women and their exploitation for purposes of prostitution, acts which now constituted offences incurring heavy penalties. However, while being aware that there was some relationship between organized crime and prostitution, the authorities had not recorded many cases of trafficking in women for prostitution in the past year. Prostitutes in Macau were for the most part young girls and women who came from outside, generally driven by poverty. The Committee requests the Government to provide information on time-bound measures taken or envisaged to withdraw these child victims of trafficking from prostitution and to provide for their rehabilitation and social integration.

Clause (c). Ensure access to free basic education and vocational training, for all children removed from the worst forms of child labour. The Committee notes the Government’s indication that public education in the MSAR is free, with the Government providing subsidies to various schools for this purpose. This means that a child removed from one of the worst forms of child labour will naturally and automatically be covered by the free education system.

Article 8. International cooperation and assistance. The Committee notes that the MSAR is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee also notes the Government’s indication that no proceedings have been instituted in view of international cooperation and assistance aimed at giving effect to the provisions of the Convention. Referring to the Worst Forms of Child Labour Recommendation, 1999 (No. 190), in particular to its Paragraphs 11 and 16, the Committee draws the Government’s attention to the importance of such international cooperation and assistance in the identification and elimination of the worst forms of child labour, and requests it to communicate information on the steps taken or envisaged to give effect to this Article.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that no case of violation of child labour rules was detected or notified. It requests the Government to continue providing information on the manner in which the Convention is applied in the MSAR and any practical difficulties encountered in the application of the Convention. The Committee also requests it to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.