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

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

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

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

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

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

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

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

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

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

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

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

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

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

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