Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. The Committee notes the Order of 24 July 1999 creating, within the Ministry of National Solidarity and the Family, a committee to follow up and evaluate the National Plan of Action for the Protection and Development of Children. Section 2 of the Order provides that the committee is responsible for "contributing to defining the elements for the determination of the national policy on childhood". The Committee requests the Government to provide information on the activities of the above committee, particularly with regard to the measures adopted or envisaged for the determination of the national policy on childhood, as well as any other information related to the national policy for the effective abolition of child labour.

Article 2, paragraph 1. Self-employed children. The Committee notes that Act No. 90-11 of 21 April 1990 respecting working conditions, in accordance with section 1, governs individual and collective employment relations between salaried employees and employers. The Committee notes that under the terms of this provision, Act No. 90-11 does not apply to employment relations which do not derive from a contract, such as self-employment. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It notes that in its last report the Government indicates that the minimum age for recruitment is 16 years in all economic and industrial sectors. However, in its previous comments, the Committee noted the information provided by the Government to the effect that Act No. 90-11 of 21 April 1990 does not apply to self-employed persons, who are governed by other regulations which determine the minimum age for admission to non-wage work. The Committee once again requests the Government to provide copies of the texts regulating the minimum age for admission to non-wage work, such as self-employment.

In its previous comments, the Committee noted that section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except where exceptional derogations are granted by the Minister of Labour and Social Affairs for certain temporary jobs of a specified duration. The Committee notes that the Ordinance of 29 April 1975 was repealed by section 157 of Act No. 90-11 of 21 April 1990 respecting working conditions.

Article 3. 1. Minimum age for hazardous work. The Committee notes that section 15(1) of Act No. 90-11 of 21 April 1990 provides that the minimum age required for recruitment may not in any case be lower than 16 years. It also notes that section 15(3) provides that "minor workers may not be employed in work that is hazardous, unhealthy, harmful to their health or prejudicial to their morals". The Committee notes that the national legislation does not contain a precise definition of "minor worker". The Committee requests the Government to indicate the meaning of the expression "minor worker" as contained in section 15(3) of the above Act.

2. Determination of hazardous types of work. The Committee notes the information provided by the Government in its report to the effect that section 28 of Act No. 90-11 prohibits the employment of workers under 19 years of age in night work. It notes that the national legislation does not appear to determine other activities that are of a hazardous nature. The Committee recalls that Article 3, paragraph 2, of the Convention provides that the types of employment or work that are hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to indicate whether such a list has been established, after consultation with the organizations of employers and workers, and if so to provide a copy.

Article 8. The Committee notes the information provided by the Government in its report that the representatives of the arts have organized a series of meetings with the Ministry of Culture to formulate specific rules covering the particular aspects of activities relating to artistic performances. The Committee recalls that Article 8 of the Convention allows for the participation of young persons under the minimum age specified in activities such as artistic performances under certain conditions (limitation of the hours of work and determination of the conditions in which employment or work is allowed) and by means of permits granted in individual cases by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee would be grateful if the Government would provide copies of the provisions which allow the participation of young persons under 16 years of age in activities such as artistic performances, once they have been adopted.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of the contraventions reported.