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Child
Domestic Workers Survey in Phnom Penh - 2003
(CDWS 2003)
Introduction Reason for Working Summary
The
Royal Government of Cambodia has been demonstrating its commitment to combat
the worst forms of child labour by promoting children’s education and
improving the living conditions of Cambodian individuals. It has adopted laws
and regulations to eliminate the exploitative forms of child labour in general
and the worst forms of child labour in particular. Cambodia signed the United
Nations Convention on the Rights of the Child (CRC) in September 1992 and
ratified it in July 1993. Article 48 of the country’s Constitution, also
adopted in 1993, explicitly states, “The State shall: protect the rights of
children as stipulated in the UN Convention on the Rights of the Child, in
particular the right to life, education, protection during wartime and
protection from economic and sexual exploitation.”
In
1995, the International Programme on the Elimination of Child Labour (IPEC) of
the International Labour Organization (ILO) began providing assistance to
Cambodia. As a first step, an action programme that aimed at strengthening the
capacity of the Ministry of Social Affairs, Labour, Vocational Training and
Youth Rehabilitation (MoSALVY) to address policy issues related to child
labour was developed and implemented. The Government has sought initiatives
that are preventive in nature, focusing on the flow of children from rural to
urban areas.
In
January 1997, the National Assembly adopted a new labour code, which set the
minimum age of employment at 15 (Article 177). It stipulated that children
aged between 12 and 15 can engage in light work provided that: i) the work is
not hazardous to their health and psychological development; and ii) the work
will not affect their school attendance or their participation in vocational
training programmes approved by competent authorities. It is further stated in
Article 181 that minors, whatever their sex, younger than 18 and still under
the responsibility of their parents or guardians, cannot engage in any type of
work without the prior approval of their parents or guardians.
The
provisions on child labour in the current labour code are largely in line with
ILO Convention No. 138, ratified by the Government on 23 August 1999. In the
current code, the minimum age of employment or work is set at “the age of
completion of compulsory schooling and, in any case not less than 15 years”.
For light work the Convention sets the minimum age at 13 and for hazardous
work at 18. However, in exceptional
cases, which are specified in the Convention, the basic minimum age may be
lowered to 14, ages 12-14 for light work and age 16 for hazardous work.
A
sub-decree issued in November 1995 established the Cambodian National Council
for Children to serve as “the coordinating body for advocacy, planning,
monitoring and implementing the provisions of the Convention on the Rights of
the Child”. The MoSALVY plays a lead role in this council, which consists of
relevant ministries and local institutions. The prime minister presides over
the council.
As
the global debate on child labour intensified in recent years, various
government agencies and NGOs expressed concern regarding the possibility that
child labour and related issues may become a serious problem in the country in
the foreseeable future. Cambodia is not different from many other countries in
the region in that poverty, rapid growth of the population, rural-urban
migration and weaknesses in the education system remain troubling challenges.
These unfortunately all are factors that encourage the supply of child labour.
Child
labour is regarded as that which is exploitative or unhealthy to the growth
and well-being of a young person. Child labour has a negative impact on
health, interferes with education and therefore creates obstacles to the child
worker’s full and effective participation in society. It also involves the
use of labour at low levels of productivity. It can prevent children from
acquiring skills and knowledge to increase their productivity and thus causes
a loss of economic potential to the society. Other negative effects include
injuries and psychological stress from working in difficult and unhygienic
conditions.
In
several cultures in Asia, as well worldwide, children are still regarded as
very much under the control and guidance of their parents. The concept that
children have “independent rights” is an unfamiliar one. For economic and
even social reasons, or not having a true understanding of the CDW situation,
society and even many parents of children in domestic labour “accept”
exploitative circumstances or even child servitude. Often employers of child
domestic workers are seen as looking after them and providing them with food
and shelter. That child domestic workers toil behind closed doors, in the
private domains of citizens, adds to the difficulty of understanding the
situation, or addressing it.
The
fragmented data on the problem in Cambodia has contributed to an emotional
debate on the subject in which some people tend to downplay the magnitude
while some others exaggerate it. A number of surveys have been conducted
regarding child labour by the National Institute of Statistics (NIS) and the
Ministry of Planning, such as the socio-economic surveys of 1993-1994, 1996
and 1999, and the Cambodia Child Labour Survey 2001 (CCLS). The CCLS was the
first household-based survey on child labour. Unfortunately, none of these
surveys explicitly estimated the numbers of child domestic workers in
Cambodia.
The
baseline survey also is seen as important for relevant government,
non-government and civil society organizations in supporting the Child Labour
Unit of the MoSALVY in developing CDW policies and guidelines.
Specific objectives in conducting the baseline survey entailed:
Providing
relevant information regarding the household, especially where a child
domestic worker is employed. General information regarding: (i) housing
aspects, such as house ownership, household appliances; (ii) household
members, by age, sex, marital status, relationship to the head of household
head, occupations; and (iii) household expenditure, medical care and the
household head’s or other respondent’s general knowledge and understanding
of child rights.
§
Providing
detailed information on child domestic workers regarding siblings,
parents/guardians, and employer; education and health; living and workplace
conditions; history of injuries; wages; and perspective.
§
Strengthening
the institutional capacity of NIS in collecting, processing and analysing
child labour data through in-office training and ILO-IPEC technical assistance
in all aspects of surveying - from methodology, sampling and questionnaire
design to analysis and dissemination of results.
This
household-based child domestic worker survey covered all seven districts in
Phnom Penh and involved 125 villages randomly selected as primary sampling
units (PSUs), and 2,500 households randomly selected as secondary sampling
units (SSUs). Because of the random selection, not all of the 2,500 households
employed a child domestic worker. A total of 293 CDWs were identified and
interviewed in this survey.
Data collection
The 125 villages (PSUs) selected in the first stage were chosen based on the 1998 general population census, which identified non-slum and slum areas.
The
second stage involved household sample selection (SSUs). Large villages with
more than 200 households were divided into segments. A segment was then chosen
randomly and a complete listing of households was prepared. The procedure
involved creating a map of the village where physical boundaries and the
location of each household were sketched. Canvassing entailed a systematic
covering of the entire village following a prescribed path of travel in order
to make sure that all housing units were accounted for.
Poverty and being orphaned (having no parents or close relative/guardian) are the two most common reasons given by CDWs to explain why, in the past five years, they left their province or family home to work in Phnom Penh. Other major reasons included the desire for a better opportunity for an education and migration together with the family.
The
survey researchers estimate that 3,119 CDWs, or 11.2 percent of all the
estimated 27,950 CDWs, have parents/guardians living in Phnom Penh. Of them,
1,718 CDWs are in non-slum areas and 1,401 CDWs in slum areas, and 48 percent
(1,499) are males and 52 percent (1,620) are females.
While
more girls (47.9 percent) than boys (12.1 percent) said they had moved to
Phnom Penh and sought out domestic work because of the need for employment,
more boys (65.6 percent) than girls (15.5 percent) said they had moved to work
as domestic workers so that they could have educational opportunities.
Some
40.5 percent of the CDWs in non-slum areas want to be employed, followed by 33
percent who work as domestic workers with the hope of having a chance to
continue their education. The reasons are similar in slum areas, though of
smaller proportion: 28.8 percent want to be employed while 23.6 percent want
to continue their education.
|
Reason |
Phnom
Penh |
Non-slum
areas |
Slum
areas |
|||
|
Number |
% |
Number |
% |
Number |
% |
|
|
Total |
3,119 |
100.0 |
1,718 |
100.0 |
1,401 |
100.0 |
|
Family
needs more income |
405 |
13.0 |
101 |
5.9 |
304 |
21.7 |
|
Child
has reached working age |
482 |
15.5 |
291 |
16.9 |
192 |
13.7 |
|
Parents
cannot pay for child's education |
794 |
25.5 |
561 |
32.7 |
233 |
16.6 |
|
Child
does not want to go to school |
42 |
1.3 |
42 |
2.4 |
0 |
0.0 |
|
Child
gets meals being employed |
606 |
19.4 |
128 |
7.5 |
478 |
34 |
|
School
is too far, so better off to work |
33 |
1.1 |
0 |
0.0 |
33 |
2.4 |
|
Others
|
757 |
24.3 |
595 |
34.6 |
162 |
11.6 |
Estimated
CDWs in Phnom Penh
Although children working in Cambodia as
child-minders, maids, cooks, cleaners, gardeners and general house help are a
familiar practice, not all of them would be considered by their employer as a
domestic worker. This is partly due to a lack of general understanding of who
is a CDW. It also relates to employers’ fear of legal action. But there are
employers who are related by extended family to a child working in the
household and thus do not regard that young person as a domestic employee.
This survey shows that more than half (60 percent) of the estimated CDWs were
reported as related to the employer (niece, nephew or other). In the context
of the realities of socio-economic relations in Cambodia, and in consultation
with the Ministry of Labour, the survey researchers adopted a broad concept in
defining child domestic worker.
With
this broad definition, the researchers estimate there are 27,950 CDWs in Phnom
Penh, which constitutes almost 10 percent of all children in that age-group
(7-17 years). Of these, some 41 percent are boys and around 59 percent are
girls. By age-group breakdown, most CDWs are aged 10-14 and 15-17, with
females in the 15-17 age group accounting for 38.6 percent of all CDWs and
males in the 10-14 age group accounting for 21.7 percent of the total.
By
district breakdown within Phnom Penh, the largest number of CDWs (36 percent)
work in Russey Keo; and within that district there were many more boys than
girls: 5,904 males compared to 4,257 females.
For
survey purposes, Phnom Penh was divided into slum and non-slum areas. The
survey results indicate that more boys are found in slum areas and that twice
as many girls are located in non-slum areas compared to slum areas.
Types
of CDWs
Employing
someone to undertake domestic household chores is a long-time practice in
Cambodia. Although some domestic workers only work at the employer’s
household and return to their home each day, most domestic workers in Phnom
Penh also live with the family that employs them. This survey, in particular,
found no incidence of non-live in CDWs in Phnom Penh (meaning a domestic
worker commutes to his/her employer’s house on a daily basis from the own
family home). It is assumed that high rents for houses and living expenses in
the capital city contribute to the situation of young people living with the
household employer. Also, as Phnom Penh is a common destination for those in
search of employment or alternative lifestyle, children and young people are
attracted to the city and its perceived or real opportunities.
It
is becoming more and more common to find young children among the domestic
worker population, due to economic and social changes and cultural factors.
In
Cambodian culture, children are regarded as under the control and guidance of
their parents. There is no widespread recognition that children have
“independent rights”. Thus, it is common for employers of CDWs to be seen
as looking after them and providing them experiences as well as food and
shelter. As such, exploitation or even child servitude (in the case of
ruthless employers) can escape from public scrutiny; the real situations may
never be revealed. Without knowing the actual situation, parents as well as
society in general perceive child domestic labour as normal and find it
acceptable to allow children to work as a domestic helper.
Education/literacy
of CDWs
According
to the survey results, only a limited number of CDWs in Phnom Penh have a
chance to attend school while working in an employer’s house. A few get the
opportunity to finish primary school, but it is usually difficult to continue
into a higher level of education – in strong contrast to the children of the
employer’s family. Even in cases where CDWs are permitted to attend school,
they must usually fit this in around their duties (for example, evening
school). Limited free time and exhaustion from their work make it difficult
for children to have enough time or energy to do their homework or to keep up
with other children. Thus, they are at risk of dropping out of school all
together.
This
survey indicates that 14.2 percent of the estimated 27,950 CDWs in Phnom Penh
are illiterate: 22 percent of them are girls while only 3 percent are among
the boys. Interestingly, the literacy rate of CDWs is higher among those
working in slum areas (91.5 percent) than in non-slum areas (81 percent). The
survey results also show that 4.6 percent of the 27,950 CDWs have never
attended school, 55.4 percent are currently attending school and 40 percent
are no longer in school. Overall, 58.9 percent of the CDWs have completed or
are attending primary school (grades 1-6), and 35.4 percent have completed or
are attending secondary school (grades 7-12).
Working
conditions
In
general, domestic work is not recognized as a respectable profession by the
society and even the young workers. Those with a higher education would always
prefer to do another job, and thus domestic work is perceived to be only for
those who have no other option.
A
majority of responding CDWs (69 percent) describe themselves as “not
currently studying” and wanting to change their present job. Of them, more
are girls (nearly 80 percent) than boys (67 percent). And among the boys, half
want to be technicians (repairing TVs, motorcycles, etc.). Among the girls,
most (75 percent) want to work in the garment industry (57 percent) or a
beauty parlour business (18 percent).
This
survey indicates that in Phnom Penh currently there are many children (around
40 percent of those in the survey) working in households that are not related
to their own immediate family. Neither parents nor employers see anything
wrong in this as it is considered a positive opportunity for the child. Very
poor parents are relieved that the child will be fed and will have good
shelter. It is hoped that the child will receive an education and may be able
to marry somebody better off. After all, many people migrate from rural areas
to work in Phnom Penh where life and opportunity is perceived to be much
better.
Employers, on the other hand, may sincerely intend to look after the child initially and his or her interests. The consequences, however, tend to be very different. CDWs, especially when they are live-in workers, are frequently far away from home and family. They are under the control of adults whose first concern is not the well-being or the needs of the child but those of the household. The love and care that children ought to receive is missing and can never be guaranteed. The preparation for adult life other than domestic skills is absent. CDWs are likely to be denied the chance of going to school. If they are over-worked, neglected or abused, they have no one to turn to for help. Many feel isolated and trapped.
According
to the survey results, many do not have a choice. In response to the question,
“Who invited you to work (as a CDW) the first time,” the survey results
show that 57 percent were sent by their family or a relative.
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