Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Minimum Age Convention, 1973 (No. 138) - Gabon (Ratification: 2010)

Other comments on C138

Observation

Direct Request

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Article 7 of the Convention. Light work. In its previous comments, the Committee noted that under section 2 of Decree No. 0651/PR/MTEPS of 13 April 2011 determining individual exemptions from the minimum age for admission to employment in Gabon, individual exemptions from the minimum age for admission to employment may be granted for the performance of light work not likely to jeopardize the health, development or school attendance of the minors concerned, or their participation in vocational guidance and training programmes. Under the terms of section 3 of the Decree, the performance of light work shall be subject to the prior written agreement of a parent, as well as the opinion of an occupational doctor, and weekly working time shall not exceed 15 hours. The Committee however noted that the Decree determining exemptions from the minimum age for admission to employment does not appear to set a minimum age for admission to light work, and only indicates that children under 16 years of age may be authorized to perform such work when granted an individual exemption, without specifying the authority entitled to grant such individual exemptions, and making them conditional only upon the agreement of the parental authority and the opinion of the occupational doctor. The Committee also observed that the types of light work authorized for children under 16 years of age do not appear to have been determined.

Noting the Government’s indication that there are no legislative texts in respect of light work, the Committee once again reminds the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment of persons aged at least 13 years in light work and that, under Article 7(3) of the Convention, the competent authority, and not those exercising parental authority, shall determine the activities in which employment or work in light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests that the Government take the necessary measures to ensure that children under 13 years of age cannot be admitted to the performance of light work. It requests that the Government adopt a list of types of light work in which children aged between 13 and 16 years may be engaged, to ensure that the competent authority determines the conditions in which such employment may be undertaken and to provide information on the progress achieved.

Article 8. Artistic performances. The Committee noted previously that, under section 2 of the Decree determining individual exemptions from the minimum age for admission to employment, individual exemptions from the minimum age may be granted for the participation of minors in artistic performances. Under the terms of section 3 of the Decree, participation in artistic performances shall be subject to the prior written agreement of the parental authority, and the weekly working hours for such participation shall not exceed 15 hours. However, the Committee noted that the conditions governing such employment do not appear to be set out in national laws or regulations. It therefore requested that the Government take measures to ensure that individual exemptions for participation in artistic performances are granted by the competent authority, and not under parental authority, and to determine the conditions for the employment of children and young persons in artistic performances in accordance with Article 8 of the Convention. In this regard, the Government indicates that it will take into account the Committee’s recommendations during the planned revision of the Labour Code. The Committee requests that the Government provide information on the revision of the Labour Code and to supply a copy of the draft revised text. Noting the absence of information on this subject, the Committee once again requests that the Government indicate whether in practice children under 16 years of age participate in artistic performances.

Article 9(3). Keeping of registers. The Committee noted previously that section 257 of the Labour Code provides that the employer shall keep constantly updated, at the work premises, an employers’ register, the form of which shall be determined by order of the Minister of Labour after consultation with the Labour Advisory Commission.

The Government indicates that General Order No. 3018 of 29 September 1953 establishes the model for the employers’ register. The Committee notes that, according to the information provided by the Government under the Minimum Age (Underground Work) Convention, 1965 (No. 123), section 2 of the Order requires the employers’ register to specify the date of entry into the establishment and the age of the worker. The Committee recalls that, under the terms of Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or who work for the employer and who are less than 18 years of age. The Committee therefore requests that the Government take the necessary measures in the near future to bring General Order No. 3018 into conformity with the requirements of Article 9(3) of the Convention.

Application of the Convention in practice. The Committee noted previously the lack of statistical data available on child labour. The Committee notes that Decree No. 0191/PR/MFAS on the establishment of a Child Protection Indicators Matrix (MIPE), adopted in 2012, creates an indicative instrument intended to help the Government to follow trends on matters related to the rights of children. This instrument, which is aimed at assisting the work of the National Observatory of the Rights of the Child (ONDE), established by Decree No. 0252/PR/MFAS of 19 June 2012 on the organization of the scheme for the provision of social assistance and family protection, is intended to ensure the availability on a permanent basis in Gabon of a database of precise statistics on child protection.

However, the Committee notes the Government’s indication in its report that statistical data on the child labour situation are not yet available. It indicates that the activities of the ONDE consist of establishing watchdog committees in all the provinces of the country. The Committee notes that, according to UNICEF statistics, between 2002 and 2010 a total of 13.4 per cent of children were involved in child labour (15.4 per cent of boys and 11.6 per cent of girls). In order to be in a position to assess the application of the Convention in practice, the Committee once again requests that the Government take the necessary measures to ensure the availability of adequate data on the situation of children who work in Gabon, and particularly on the number of children and adolescents who work and whose age is lower than the minimum age for admission to employment or work, namely 16 years, and on the nature, scope and trends of such work. Please provide information on the activities of the ONDE and on the statistics gathered by the ONDE through the MIPE on children under 16 years of age who are engaged in work, disaggregated by age and gender, in so far as possible.