Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of a communication dated 29 October 2003 from the International Confederation of Free Trade Unions (ICFTU).

Parts III and V of the report form. Enforcement of legislation and practical application of the Convention. In its comments, the ICFTU indicates that child labour exists primarily in the informal economy and that there is a lack of enforcement of legislation by inspectors. According to the information provided by the ICFTU, child labour occurs mainly in the agricultural sector, small-scale traditional mining and fishing. The Committee requests the Government to provide information on this point and to indicate the methods by which compliance with national law is monitored, particularly in the informal sector.

The Committee had previously noted that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child in 2002, in the Multiple Cluster Indicator Survey 2001, it was observed that 37 per cent of children aged 0-14 years were classified as currently working. The Committee once again requests the Government to make the necessary efforts to bring its practice in line with the legislation and the Convention. It also requests the Government to supply information on the practical application of the Convention, by giving statistical data on the employment of young persons and children, extracts from the reports of inspection services, and detailed information on the number and nature of contraventions.

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had requested the Government to indicate the measures taken to ensure the effective abolition of child labour. The Committee notes with interest the Government’s statement in its report that a National Plan of Action for Children (NPAC) was approved by the Government in 1996, which gives direction on the formulation of policies and programmes aimed at addressing the rights of children including protection against child labour. The Committee requests the Government to continue providing information on the implementation of the NPAC, in respect of the abolition of child labour, according to Article 1 of the Convention.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee had previously recalled that under Article 3, paragraph 2, of the Convention, the types of employment or work to which paragraph 1 of this Article applies shall be determined by national laws or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether such a list has been established, and, if so, to supply a copy of it.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had noted in its previous comments that section 3 of Part II of the Schedule of Act No. 9 of 1999 on the employment of young persons and children specifies that the minimum age for admission to any type of employment or work which by its nature, or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons, should not be under 18 years. The Committee had noted, however, that section 6(b) of Act No. 9 of 1999 on the employment of young persons and children specifies that the minister, by virtue of regulations, may extend the application of any of the provisions of this Act to persons who are not children or young persons, and who are under 18 years, in respect of any occupation or occupations in which the employment of such persons may seem deleterious. The Committee had observed that section 2 of the same Act defines "child" as a person under the age of 15 years and "young person" as a person who has ceased to be a child and who is under the age of 16 years. In light of the above, the Committee observes that persons between 16 and 18 years may be employed in hazardous work. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may, after consultation with the organizations of employers and workers concerned, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to indicate whether regulations have been issued pursuant to section 6(b) of Act No. 9 of 1999 on the employment of young persons and children, and if so, to provide copies along with its next report. The Committee also asks the Government to provide information on the measures taken to ensure that young persons of between 16 and 18 years of age who are to be employed in hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity as required by Article 3, paragraph 3, of the Convention.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 3(3) of Act No. 9 on the employment of young persons and children specifies that a register be kept in places where young persons are employed giving their dates of birth and the dates on which they enter and leave the service of their employer. The Committee had observed that section 2 of the abovementioned Act uses the term "young person" as a person who has ceased to be a child, and who is under the age of 16 years. The Committee had recalled that Article 9, paragraph 3, of the Convention prescribes that the registers or other documents be kept and be made available by the employer, and that they contain the names and ages or dates of birth, duly certified wherever possible, of persons who he/she employs or who work for him/her and who are under 18 years. The Committee had requested the Government to take the necessary measures to bring national legislation into conformity with the Convention in this regard. In its report, the Government indicates that the amendment to comply with the Convention will be done. The Committee therefore expresses the hope that the Government will be in a position to provide information in its next report on the measures taken to comply with the Convention on this point.