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

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

Other comments on C138

Observation
  1. 2025
  2. 2022
  3. 2017
  4. 2014

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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: (1) the Decent Work Country Programme (DWCP) was extended to 2025; (2) it continues to implement both the DWCP and the National Plan of Action on the Reduction of Child Labour and Elimination of the Worst Forms of Child Labour 2016–25 (NPA–WFCL); and (3) its main focus is on preventive measures such as awareness-raising and capacity-building, as well as labour inspection and collaboration with relevant stakeholders. However, the Committee notes the absence of more detailed information from the Government in reply to the Committee’s previous comments, in particular on the specific measures adopted within the framework of the NPA–WFCL and the DWCP and the results achieved.
The Committee notes, from the Government’s report to the United Nations Working Group on the Universal Periodic Review (UPR), the information that the percentage of children participating in employment decreased to 17 per cent in 2021 (in 2019–20, it stood at 18.2 per cent) (A/HRC/WG.6/46/KHM/1, 15 February 2024, para. 45). However, it notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR), the concerns that many children under 15 years of age exercise some form of economic activity, including hazardous work, particularly in domestic work, in the brick kiln industry and in agriculture (E/C.12/KHM/CO/2, 27 March 2023, para. 36). The Committee requests the Government to strengthen its efforts to ensure the progressive elimination of child labour, including through the adoption of a new NPA–WFCL. In this regard, it once again requests the Government to provide information on the specific measures taken and on the concrete results achieved, including by providing any updated statistical information on the extent, nature and trends of child labour in the country.
Article 2(1). Scope of application and labour inspection. Children working in the informal economy. In its previous comments, the Committee noted that the Labour Act does not apply to workers working on their account or in the informal economy, and it requested the Government to strengthen the capacities of the labour inspection services. The Committee notes the Government’s indication that: (1) the National Institute of Labour, the Ministry of Labour and Vocational Training (MLVT) and the ILO provide regular capacity-building training for labour inspection teams to better perform their duties; and (2) the draft law on the amendment of the Labour Act has not yet been adopted, it envisages to provide labour inspectors with a qualification as judicial police, which will allow them to have better access when conducting inspections and contribute to the prevention of child labour and its worst forms.
The Committee also notes, from the Government’s report to UPR that: (1) the Government has continued to build the capacity of labour inspectors and strengthen mechanisms such as the National and Subnational Committee on Combating Child Labour, the Cambodia National Council for Children, the National Committee for Counter Trafficking, and the Early Childhood Care and Development Commission; (2) among these capacity-building measures, between 2019 and October 2023, 17 training sessions relating to the prevention of child labour were organized, with a total of 2,316 participants, including labour inspectors; and (3) unannounced labour inspections took place in all priority sectors and at-risk occupations, as well as in factories and enterprises where young workers are employed (A/HRC/WG.6/46/KHM/1, para. 45). The Committee requests the Government to continue its efforts to strengthen the labour inspection services to enable them to effectively monitor and detect cases of child labour, including children working on their own account or in the informal economy. It therefore requests the Government to provide detailed information on: (i) the measures taken in this regard; (ii) the adoption of the draft law amending the Labour Act; and (iii) the impact of the qualification of labour inspectors as judicial police in the identification of child labour cases. Finally, noting the absence of information provided in this respect, the Committee once again requests the Government to provide information on the number and nature of violations found related to child labour, including in hazardous conditions, and the penalties imposed.
Article 2(3). Compulsory schooling. Regarding the Committee’s previous comments relating to the fact that, under the provisions of the Education Law of 2007, basic education in Cambodia is free but not compulsory, the Committee notes with regret that the Government merely reiterates the information previously provided. Once again, the Committee stresses the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment or work (2012 General Survey on the fundamental Conventions, para. 369). The Committee therefore urges the Government to take the necessary measures to ensure that national legislation provides for compulsory education up to the minimum age for admission to employment, and to provide information on any progress made in this regard.
The Committee is raising another matter in a request addressed directly to the Government.
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