Individual Case (CAS) - Discussion: 2010, Publication: 99th ILC session (2010)

The Worker members recalled that the Central African Republic, in the same way as other African countries, was confronted with a serious problem of child soldiers and of forced recruitment for armed conflict. According to the United Nations Children’s Fund (UNICEF), in 2007 over one half of children between the ages of 5 and 14 were engaged in work for employers or as apprentices (especially boys), as family helps or in the informal economy (particularly girls), or on their own account, particularly in the diamond sector. In view of this scourge, a new Labour Code had been adopted in January 2009, but the implementing texts had still not been prepared. Moreover, the Committee of Experts had noted certain discrepancies between the new Labour Code and the provisions of the Convention. For example, the new Labour Code only applied to domestic workers, but not to own account workers, whereas in practice most children worked in the informal economy. The new Labour Code also provided that children could not work in an enterprise before the age of 14 years, unless an exception was granted by the Minister after seeking the opinion of the National Labour Council. But what were these exceptions? Moreover, no list of the hazardous jobs or types of work prohibited for children under 18 years of age had yet been published. Finally, employers were now required to keep up to date a register of all the persons and all the contracts in their enterprise, although certain could obtain an exemption by ministerial order, contrary to the provisions of the Convention. The Worker members recalled that, although school was compulsory in the Central African Republic from 5 to 15 years of age and that an action plan had been adopted in 2005 with a view to increasing school attendance, UNICEF figures showed little change in the school attendance rate. In this respect, they recalled that a low rate of school attendance and a high rate of child labour would ensure that the country remained under-developed. The promotion of school attendance and the prohibition of child labour therefore needed to go hand in hand and would be mutually reinforcing.

The Employer members wished to record their disappointment that the Government was not in attendance at the discussion, highlighting that Convention No. 138 was a fundamental Convention ratified by the Government of the Central African Republic in 2000. This was the first examination of the case, and the Conference Committee was considering the first observation of the Committee of Experts, which had been doublefootnoted as being extremely serious. Given the time that had elapsed since ratification, the Employer members would have been keen to learn the steps undertaken to give effect to the Convention, and in particular to Article 1, namely to pursue a national policy aimed at the abolition of child labour and to raise progressively the minimum age for admission to employment.

They recalled that the Committee of Experts had indicated in 2004 that, according to UNICEF, 64 per cent of children in the Central African Republic between the ages of 5 and 14 were working in 2000. For several years, the Government’s report had either not been received or did not reply to the comments, and in 2008 the Committee of Experts had expressed the hope that the Labour Code to be adopted would take into account its requests. In 2008, it had noted that the 2003 government study undertaken in conjunction with UNICEF on the situation of working children was still being approved. In 2009, the Committee had noted with interest that the new Labour Code establishing a minimum age of 14 years now also covered domestic workers, regulated apprenticeships and imposed penalties. However, the Labour Code exempted, contrary to Article 9(3) of the Convention, certain categories of establishments from the requirement for the keeping of registers of employees of less than 18 years by employers.

The Employer members, with reference to the explicit request by the Committee of Experts for the Government to supply full details, including statistical information, to the Conference Committee, once again expressed deep regret at the Government’s absence.

The Worker member of the Central African Republic recalled that section 259 of Act No. 09.004 of January 2009 issuing the Labour Code set the minimum age for admission to employment at 14 years. However, despite the existence of this provision, many children under 14 years of age continued to be employed in diamond and gold worksites, in catering, agriculture (particularly in cotton and coffee plantations), car washing and street hawking. The Government had not yet adopted the implementing texts of the new Labour Code and no measures had therefore been taken in practice to require those employing children under 14 years of age to comply with its provisions.

She also commented on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), by the Central African Republic and drew the Government’s attention to the forced recruitment of young persons and the sexual exploitation of young girls by the armed uprisings that were rife in the country and, in more general terms, the phenomenon of child soldiers enrolled in these armed groups.

The Worker member of Senegal recalled that the Labour Code prohibited the employment of children under the age of 14. However, since no implementing texts had been adopted to give effect to the Labour Code, child labour was still very widespread in several economic sectors, such as fishing, diamond mining and domestic work. In rural areas especially, children as young as seven regularly performed agricultural work, usually alongside their parents, or worked for their teachers, who made them work on farms on the pretext of teaching them to work the land and raise cattle. The Labour Code did not define the worst forms of child labour and, although it prohibited persons under the age of 18 from engaging in dangerous or night work, a large number of children continued to perform work of that type. Children were also the victims of trafficking, both inside the country and to and from Cameroon and Nigeria, where they were usually victims of domestic servitude, sexual exploitation or forced labour in shops. The Government did not have the resources to ensure effective compliance with the laws on child labour, as there were too few labour inspectors and their resources were limited. The resources of the labour inspectorate would need to be increased so that it could take action to combat child labour.

The Worker members stressed that the Central African Republic had made efforts to restrict child labour by adopting a new Labour Code, which set the minimum age for admission to employment at 14 years. However, there were significant shortcomings in the Labour Code, which did not cover children in the informal economy or in the diamond mining sector. Nor did it specify the hazardous types of work prohibited for persons under 18 years of age. In practice, the results were still too limited, particularly in view of the absence of measures to apply the Labour Code. In addition, the action plan for education for all was far from achieving its goal of providing every child with basic education. For that reason, the Government should be urged to create action programmes as soon as possible and to adopt the measures required to improve, expand and make the education system more effective. ILO technical assistance could be useful for that purpose.

The Employer members empahsized that the Central African Republic was registered with the Conference and that this serious double-footnoted case involved a fundamental Convention. Regretting the Government’s absence from the discussion and considering that an appropriate explanation was due in this regard, the Employer members called for the conclusions of the Committee to be included in a special paragraph of the Committee’s report.

The Worker members agreed with the inclusion of this case in a special paragraph, as the Government had not appeared before the Committee.

A Government representative regretted that the Government delegation of the Central African Republic had been absent during the discussion of the application of the Convention by his country. This absence has been due to a lack of communication and did not in any event constitute a desire not to take part in the discussion. He presented his Government’s excuses for the inconvenience and indicated that every effort would be made to provide the documents and responses to the concerns of the Conference Committee.

Recalling that the Central African Republic had ratified the eight fundamental Conventions, had joined the support project for the implementation of the 1998 Declaration (PAMODEC) and had participated in an ILO subregional workshop on the preparation of reports for Convention No. 138, he reiterated his Government’s willingness to work for the implementation of this Convention in the interests of the children of the Central African Republic.

Conclusions

The Chairperson invited the Government representative to participate in the discussion. However, in the absence of the delegation of the Central African Republic, which was duly accredited and registered before the Conference, he referred to the working methods of the Committee, which it had adopted in document D.1. He stated that the Committee could discuss the substance of those cases regarding governments registered and present at the Conference who decided not to appear before it.

The Committee noted the information contained in the report of the Committee of Experts relating to discrepancies between national legislation and practice and Convention No. 138, in respect of the absence of a determination of hazardous types of work to be prohibited to persons under 18 years and the keeping of registers by employers, the absence of a national policy designed to ensure the effective abolition of child labour, the large number of children under the minimum age who were self-employed or who worked in the informal economy, the low school enrolment rates and high school drop-out rates and the weak enforcement of the Convention.

The Committee expressed deep regret at the absence of the Government before the Committee.

The Committee took note with serious concern of the information presented to it concerning the high number of children between the ages of 5 and 14 who worked in various sectors of the economy including in gold and diamond worksites, agriculture, cotton and coffee plantations, fishing, as street vendors, restaurants and washing cars. It further noted with grave concern the information regarding the trafficking of children and their forced recruitment in armed conflict, as well as the deplorable conditions experienced by child soldiers, both boys and girls.

Noting the legislative discrepancies between the Labour Code of 2009 and Convention No. 138, the Committee firmly hoped that the necessary provisions would soon be adopted to determine the types of hazardous work to be prohibited for children under 18 years of age and to ensure the keeping of registers by employers indicating the names and ages or dates of birth of persons employed by them or working for them under 18 years of age.

The Committee also noted with serious concern that in practice, a high number of children under the age of 14 increasingly worked in the informal economy, often in hazardous work. It urged the Government to intensify its efforts to improve the situation, notably by developing a national policy to ensure the effective abolition of child labour and an action programme to combat child labour. It further requested the Government to ensure the effective implementation of the new Labour Code. In this regard, it called on the Government to strengthen the capacity and reach of the labour inspectorate and to ensure that regular visits, including unannounced visits, were carried out so that penalties were imposed on persons found to be in breach of the Convention.

The Committee noted with concern that low school enrolment and high drop-out rates continued to prevail for a large number of children. Underlining the importance of free, universal and compulsory formal education to preventing and combating child labour, the Committee strongly urged the Government to develop and enhance the education system, including by taking the necessary measures, within the framework of the Plan of Action on Education for All, to ensure access to free basic education for all children under the minimum age, with special attention to the situation of girls.

The Committee requested the Government to provide comprehensive information in its report, when it was next due, on the manner in which the Convention was applied in practice, including, in particular, statistical data on the number of children working in the informal economy, their ages, gender, sectors of activity, extracts from the reports of inspection services and information on the number and nature of contraventions reported and penalties applied.

Finally, the Committee asked the Government to avail itself of ILO technical assistance with a view to giving effect to the Convention in law and in practice as a matter of urgency.

The Committee decided to include its conclusions in a special paragraph of its report.

A Government representative regretted that the Government delegation of the Central African Republic had been absent during the discussion of the application of the Convention by his country. This absence has been due to a lack of communication and did not in any event constitute a desire not to take part in the discussion. He presented his Government’s excuses for the inconvenience and indicated that every effort would be made to provide the documents and responses to the concerns of the Conference Committee.

Recalling that the Central African Republic had ratified the eight fundamental Conventions, had joined the support project for the implementation of the 1998 Declaration (PAMODEC) and had participated in an ILO subregional workshop on the preparation of reports for Convention No. 138, he reiterated his Government’s willingness to work for the implementation of this Convention in the interests of the children of the Central African Republic.

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Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 1 of the Convention and Part V of the report form. National policy and the application of the Convention in practice. In its previous comments, the Committee noted a study by the Ministry of the Economy, Planning and International Cooperation of 2003 on the situation of children in the country. According to this study, 5.2 per cent of boys and 5.6 per cent of girls between the ages of 6 and 9 years are engaged in work. The study also shows that boys work, in particular, in the private wage sector (boys account for 68.5 per cent of children working in this sector), the para-public wage sector (66.7 per cent), for an employer (72.7 per cent) and as apprentices (60.2 per cent), while the number of girls is greater in own-account work (girls account for 56.9 per cent of children working in this sector) or as family helpers (53.5 per cent). The Committee also noted the Government’s indication that a study to identify and classify types of child labour, carried out in collaboration with UNICEF, was in the process of being validated.

The Committee noted that, according to UNICEF statistics for 2007, 57 per cent of children between the ages of 5 and 14 years are engaged in work in the Central African Republic (44 per cent of boys and 49 per cent of girls). It noted the Government’s indication that, in the context of the adoption of the new Act No. 09.004 issuing the Labour Code of the Central African Republic in January 2009 (Labour Code of 2009), the Labour Department has worked on the preparation of texts to implement the Code. The Government indicated that a national policy for the progressive abolition of child labour and to increase the minimum age for admission to employment or work will be prepared once the implementing texts have been issued. The Committee expressed once again its deep concern at the situation of young children who work in the country out of personal necessity. It therefore urges the Government to take the necessary measures to ensure that the national policy for the progressive abolition of child labour is adopted in the very near future and that programmes of action are implemented in the sectors in which child labour is the most problematic. It requests the Government to provide information in its next report on the progress achieved in this respect. It also once again requests the Government to provide a copy of the study to identify and classify child labour.

Article 2(1). Scope of application and minimum age for admission to employment or work. Self-employed work. In its previous comments, the Committee noted the information provided by the Government that most children are used in the sectors of the informal economy, such as diamond workshops, porterage or diving in search of diamonds. The Government indicated that the juvenile courts and the Children’s Parliament guarantee the protection envisaged by the Convention with respect to children engaged in an economic activity on their own account. The Committee noted that the Labour Code of 2009 is not applicable to self-employed workers (section 2), but only governs professional relationships between workers and employers derived from labour contracts (section 1). Noting that the Government’s report does not contain any information on this subject, the Committee requests it once again to provide information on the manner in which the juvenile courts and the Children’s Parliament ensure the application of the protection envisaged by the Convention in respect of children who work without an employment relationship, in particular when they work on their own account or in the informal economy. In this respect, it once again requests the Government to envisage the possibility of adopting measures to adapt and strengthen the labour inspection services so as to secure this protection.

Family enterprises. The Committee noted previously that, under section 2 of Order No. 006 of 21 May 1986 determining the conditions of employment of young workers, the types of work and the categories of enterprises that are prohibited for young persons and the age limit up to which this prohibition applies (Order No. 006 of 1986), children under 14 years of age may be employed, even as apprentices, in establishments in which only family members are engaged. The Committee noted that section 166 of the Labour Code of 2009 provides that no one may be apprenticed who is not at least 14 years of age. Furthermore, section 259 provides that children may not be employed in any enterprise, even as apprentices, before the age of 14 years, unless an exception is issued by order of the minister responsible for labour taking into account the opinion of the National Standing Labour Council. The Committee requests the Government to indicate whether exceptions have been authorized by the minister responsible for labour under section 259 of the Labour Code of 2009.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that the age of completion of compulsory schooling is 14 years. It also noted the Government’s indication to the Committee on the Rights of the Child that, pursuant to section 6 of Act No. 97/014 of 10 December 1997 respecting education policy, school attendance is compulsory from 5 to 15 years and that the texts to be issued under this Act are being prepared. The Committee also noted the adoption of the Plan of Action on Education for All (NPA–EFA) in 2005, the objective of which is to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. The Committee further noted that, according to UNICEF statistics for 2006, the net school enrolment rate for primary education was 44 per cent for boys and 37 per cent for girls, while the figures for secondary education were 13 per cent for boys and 9 per cent for girls. The Committee also noted that, according to the Education for All Global Monitoring Report 2008, published by UNESCO under the title “Education for All in 2015: Will we make it?”, in view of the lack of data, it was impossible to make projections for the achievement of the goals established by the NPA–EFA for the Central African Republic for 2015. However, the study indicates that 20 per cent or more of primary school students are repeating their grade and that girls repeat grades more than boys.

The Committee observed that, according to UNICEF statistics for 2007, the school attendance rates at the primary and secondary levels remain a matter of great concern: the net enrolment rate at primary school is 53 per cent for boys and 38 per cent for girls, and the figures for secondary education are 13 per cent for boys and 9 per cent for girls. The Committee, however, noted that the Government has not provided any information on this subject in its report. The Committee therefore once again expressed its deep concern at the low rate of school enrolment in both primary and secondary education, and particularly at the disparity between the two sexes, to the detriment of girls, and the fairly high rate of repeating school years, which affects girls in particular. It once again observed that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the education system in the country so as to enable children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it once again requests the Government to provide information on the measures adopted in the context of the NPA–EFA of 2005 to increase the school enrolment rate and reduce the school drop-out rate, so as to prevent children under 14 years of age from working. The Committee requests the Government to provide information in its next report on the results achieved. Finally, the Committee once again asks the Government to provide a copy of Act No. 97/014 of 10 December 1997 on education policy.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of these types of work. With reference to its previous comments, the Committee noted that, under the terms of section 263 of the Labour Code of 2009, the worst forms of child labour, that is work by any person under 18 years of age (section 3), are prohibited throughout the Central African Republic. Section 262 provides that the worst forms of child labour include work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee noted the Government’s indication in its report that section 261 of the Labour Code of 2009 provides that a joint order of the Minister of Labour and the Minister of Public Health, issued taking into account the opinion of the National Standing Labour Council, shall determine the nature of the types of work and the categories of enterprises prohibited for children and the age limit up to which this prohibition applies. The Committee however observed that no list of these hazardous types of employment or work appears to have been published up to now. The Committee reminded the Government that, by virtue of Article 3(2) of the Convention, the hazardous types of employment or work 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 take the necessary measures to ensure that a list determining the hazardous types of employment or work that are prohibited for persons under 18 years of age, in accordance with section 261 of the Labour Code of 2009, is adopted in the near future. It requests the Government to provide information on the progress achieved in this respect.

Article 9(3). Keeping of registers by employers. With reference to its previous comments, the Committee noted that, under the terms of section 331 of the Labour Code of 2009, the employer shall always keep an up to date employment register, the first part of which shall contain data relating to the persons and the contracts of all workers engaged in the enterprise. The employment register has to be kept at the disposal of labour inspectors, who may require its production at any time. However, the Committee noted that section 331 also provides that certain enterprises or establishments, as well as certain categories of enterprises or establishments, may be exempted from the obligation to keep an employment register by reason of their situation, their small size or the nature of their activity, by order of the Ministry of Labour, issued taking into account the views of the National Standing Labour Council. The Committee once again reminded the Government that Article 9(3) of the Convention does not envisage such exceptions. Noting that the Labour Code of 2009 has not taken this issue into account, the Committee urges the Government to take the necessary measures to ensure that all employers are required to keep a register indicating the names and ages or dates of birth, duly certified wherever possible, of persons employed by them or working for them who are under 18 year of age. It requests the Government to provide information in its next report on the progress achieved in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention and Part V of the report form. National policy and the application of the Convention in practice. In its previous comments, the Committee noted a study by the Ministry of the Economy, Planning and International Cooperation of 2003 on the situation of children in the country. According to this study, 5.2 per cent of boys and 5.6 per cent of girls between the ages of 6 and 9 years are engaged in work. The study also shows that boys work, in particular, in the private wage sector (boys account for 68.5 per cent of children working in this sector), the para-public wage sector (66.7 per cent), for an employer (72.7 per cent) and as apprentices (60.2 per cent), while the number of girls is greater in own-account work (girls account for 56.9 per cent of children working in this sector) or as family helpers (53.5 per cent). The Committee also noted the Government’s indication that a study to identify and classify types of child labour, carried out in collaboration with UNICEF, was in the process of being validated.

The Committee notes that, according to UNICEF statistics for 2007, 57 per cent of children between the ages of 5 and 14 years are engaged in work in the Central African Republic (44 per cent of boys and 49 per cent of girls). It notes the Government’s indication that, in the context of the adoption of the new Act No. 09.004 issuing the Labour Code of the Central African Republic in January 2009 (Labour Code of 2009), the Labour Department has worked on the preparation of texts to implement the Code. The Government indicates that a national policy for the progressive abolition of child labour and to increase the minimum age for admission to employment or work will be prepared once the implementing texts have been issued. The Committee must, however, express once again its deep concern at the situation of young children who work in the country out of personal necessity. It therefore urges the Government to take the necessary measures to ensure that the national policy for the progressive abolition of child labour is adopted in the very near future and that programmes of action are implemented in the sectors in which child labour is the most problematic. It requests the Government to provide information in its next report on the progress achieved in this respect. It also once again requests the Government to provide a copy of the study to identify and classify child labour.

Article 2, paragraph 1. Scope of application and minimum age for admission to employment or work. Self-employed work. In its previous comments, the Committee noted the information provided by the Government that most children are used in the sectors of the informal economy, such as diamond workshops, porterage or diving in search of diamonds. The Government indicated that the juvenile courts and the Children’s Parliament guarantee the protection envisaged by the Convention with respect to children engaged in an economic activity on their own account. The Committee notes that the Labour Code of 2009 is not applicable to self-employed workers (section 2), but only governs professional relationships between workers and employers derived from labour contracts (section 1). Noting that the Government’s report does not contain any information on this subject, the Committee requests it once again to provide information on the manner in which the juvenile courts and the Children’s Parliament ensure the application of the protection envisaged by the Convention in respect of children who work without an employment relationship, in particular when they work on their own account or in the informal economy. In this respect, it once again requests the Government to envisage the possibility of adopting measures to adapt and strengthen the labour inspection services so as to secure this protection.

Family enterprises. The Committee noted previously that, under section 2 of Order No. 006 of 21 May 1986 determining the conditions of employment of young workers, the types of work and the categories of enterprises that are prohibited for young persons and the age limit up to which this prohibition applies (Order No. 006 of 1986), children under 14 years of age may be employed, even as apprentices, in establishments in which only family members are engaged. The Committee notes that section 166 of the Labour Code of 2009 provides that no one may be apprenticed who is not at least 14 years of age. Furthermore, section 259 provides that children may not be employed in any enterprise, even as apprentices, before the age of 14 years, unless an exception is issued by order of the minister responsible for labour taking into account the opinion of the National Standing Labour Council. The Committee requests the Government to indicate whether exceptions have been authorized by the minister responsible for labour under section 259 of the Labour Code of 2009.

Domestic work. In its previous comments, the Committee noted that section 3(a) of Order No. 006 of 1986 provides that children over 12 years of age may carry out light domestic work and that section 125 of the Labour Code respecting the minimum age for admission to employment only applies to work performed in an enterprise. The Committee observed previously that no text in the national legislation explicitly establishes a minimum age of 14 years for domestic workers. It therefore recalled that Article 2 of the Convention is applicable to domestic work and that the minimum age for admission to this type of work must not be less than 14 years, except for work considered to be light, in accordance with the conditions laid down in Article 7 of the Convention. In this respect, the Government indicated that measures to explicitly establish a minimum age for admission to employment for light domestic work were envisaged in the preliminary draft of the Labour Code. The Committee notes with interest that section 259 of the Labour Code of 2009 establishes the minimum age for admission to employment at 14 years and that the application of the Labour Code is now no longer limited to work performed in an enterprise (section 1).

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the age of completion of compulsory schooling is 14 years. It also noted the Government’s indication to the Committee on the Rights of the Child that, pursuant to section 6 of Act No. 97/014 of 10 December 1997 respecting education policy, school attendance is compulsory from 5 to 15 years and that the texts to be issued under this Act are being prepared. The Committee also noted the adoption of the Plan of Action on Education for All (NPA-EFA) in 2005, the objective of which is to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. The Committee further noted that, according to UNICEF statistics for 2006, the net school enrolment rate for primary education was 44 per cent for boys and 37 per cent for girls, while the figures for secondary education were 13 per cent for boys and 9 per cent for girls. The Committee also noted that, according to the Education for All Global Monitoring Report 2008, published by UNESCO under the title “Education for All in 2015: Will we make it?”, in view of the lack of data, it was impossible to make projections for the achievement of the goals established by the NPA–EFA for the Central African Republic for 2015. However, the study indicates that 20 per cent or more of primary school students are repeating their grade and that girls repeat grades more than boys.

The Committee observes that, according to UNICEF statistics for 2007, the school attendance rates at the primary and secondary levels remain a matter of great concern: the net enrolment rate at primary school is 53 per cent for boys and 38 per cent for girls, and the figures for secondary education are 13 per cent for boys and 9 per cent for girls. The Committee, however, notes that the Government has not provided any information on this subject in its report. The Committee therefore once again expresses its deep concern at the low rate of school enrolment in both primary and secondary education, and particularly at the disparity between the two sexes, to the detriment of girls, and the fairly high rate of repeating school years, which affects girls in particular. It once again observes that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the education system in the country so as to enable children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it once again requests the Government to provide information on the measures adopted in the context of the NPA-EFA of 2005 to increase the school enrolment rate and reduce the school drop-out rate, so as to prevent children under 14 years of age from working. The Committee requests the Government to provide information in its next report on the results achieved. Finally, the Committee once again asks the Government to provide a copy of Act No. 97/014 of 10 December 1997 on education policy.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous types of work and determination of these types of work. With reference to its previous comments, the Committee notes that, under the terms of section 263 of the Labour Code of 2009, the worst forms of child labour, that is work by any person under 18 years of age (section 3), are prohibited throughout the Central African Republic. Section 262 provides that the worst forms of child labour include work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s indication in its report that section 261 of the Labour Code of 2009 provides that a joint order of the Minister of Labour and the Minister of Public Health, issued taking into account the opinion of the National Standing Labour Council, shall determine the nature of the types of work and the categories of enterprises prohibited for children and the age limit up to which this prohibition applies. The Committee however observes that no list of these hazardous types of employment or work appears to have been published up to now. The Committee reminds the Government that, by virtue of Article 3(2) of the Convention, the hazardous types of employment or work 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 take the necessary measures to ensure that a list determining the hazardous types of employment or work that are prohibited for persons under 18 years of age, in accordance with section 261 of the Labour Code of 2009, is adopted in the near future. It requests the Government to provide information on the progress achieved in this respect.

Article 6. Apprenticeship. With reference to its previous comments, the Committee notes with interest that Chapter II of the Labour Code of 2009 regulates the nature and conditions of apprenticeship contracts. Under section 166, no person may be apprenticed who is not at least 14 years of age. Furthermore, the provisions of sections III and IV of this chapter lay down the duties of masters and those of apprentices. Accordingly, masters have to teach apprentices progressively and completely the craft, trade or special occupation covered by the contract (section 172), while apprentices have to help the master through their work within the bounds of their capacities and strength (section 173).

Article 9, paragraph 1. Penalties. The Committee notes with interest that section 389 of the Labour Code of 2009 provides that any person who commits a violation of section 259 (minimum age for admission to work or employment of 14 years) is liable to a fine of between 100,000 and 1 million CFA francs. Under section 392, in the event of a repeat offence, including violations of section 259, liability may include terms of imprisonment of between one and six months. The Committee furthers notes that, under the terms of section 393, any person who has procured or endeavoured to procure a child for the worst forms of child labour shall be liable to a fine of between 500,000 and 5 million CFA francs and a term of imprisonment of between one and five years, or to only one of these penalties. In the event of a repeat offence, these penalties are doubled.

Article 9, paragraph 3. Keeping of registers by employers. With reference to its previous comments, the Committee notes that, under the terms of section 331 of the Labour Code of 2009, the employer shall always keep an up to date employment register, the first part of which shall contain data relating to the persons and the contracts of all workers engaged in the enterprise. The employment register has to be kept at the disposal of labour inspectors, who may require its production at any time. However, the Committee notes that section 331 also provides that certain enterprises or establishments, as well as certain categories of enterprises or establishments, may be exempted from the obligation to keep an employment register by reason of their situation, their small size or the nature of their activity, by order of the Ministry of Labour, issued taking into account the views of the National Standing Labour Council. The Committee once again reminds the Government that Article 9(3) of the Convention does not envisage such exceptions. Noting that the Labour Code of 2009 has not taken this issue into account, the Committee urges the Government to take the necessary measures to ensure that all employers are required to keep a register indicating the names and ages or dates of birth, duly certified wherever possible, of persons employed by them or working for them who are under 18 year of age. It requests the Government to provide information in its next report on the progress achieved in this respect.

[The Government is asked to supply full particulars to the Conference at its 99th Session and to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that a study to identify and classify types of child labour was being carried out in the country and would provide a basis for evaluating the situation and adopting measures to abolish child labour. It also noted the study by the Ministry of the Economy, Planning and International Cooperation of 2003 on the situation of children in the country. According to this study, 5.2 per cent of boys and 5.6 per cent of girls aged from 6 to 9 years are engaged in work. The study also shows that boys work in particular in the private wage sector (boys account for 68.5 per cent of children working in the sector), the para-public wage sector (66.7 per cent), for an employer (72.7 per cent) and as apprentices (60.2 per cent), while the number of girls is greater in own-account work (57 per cent) or as family helps (54 per cent).

The Committee notes the Government’s indication that the study to identify and classify child labour, conducted in collaboration with UNICEF, is still being approved. It once again expresses concern at the situation of young children who work out of personal necessity in the country and requests Government to redouble its efforts to improve the situation of these children. In particular, the Committee requests the Government to take tangible measures to combat child labour, particularly through the adoption of a national policy aimed at the progressive abolition of child labour and the implementation of programmes of action in sectors where child labour is most problematical. The Committee finally requests the Government to provide a copy of the study to identify and classify child labour when it has been approved.

Article 2, paragraph 1. 1. Own-account work. (i) Scope of application. The Committee previously noted that the provisions of Act No. 61/21 of 2 January 1961 issuing the Labour Code (hereinafter the Labour Code) and its implementing decrees do not apply to persons working on their own account. In this respect, it noted the information provided by the Government that the juvenile courts and the Children’s Parliament guarantee the protection envisaged by the Convention in respect of children engaged in an economic activity on their own account. The Committee requested the Government to provide information on the manner in which this protection is ensured. It observes that the Government’s report does not contain any information on this matter. The Committee therefore once again requests the Government to provide information on the manner in which the juvenile courts and the Children’s Parliament ensure the application of the protection envisaged by the Convention in respect of children who work without an employment relationship, in particular when they work on their own account or in the informal economy. In this respect, it would be grateful if the Government would envisage the possibility of adopting measures to adapt and strengthen the labour inspection services so as to secure this protection.

(ii) Family enterprises. The Committee noted previously that, under section 2 of Order No. 006 of 21 May 1986 determining the conditions of employment of young workers, the types of work and categories of enterprises that are prohibited for young persons and the age limit up to which this prohibition applies (hereinafter Order No. 006 of 1986), children under 14 years of age may be employed, even as apprentices, in establishments in which only family members are engaged. It noted the Government’s indication that the preliminary draft text of the Labour Code, approved by the social partners, has taken this issue into account. The Committee notes the Government’s indication that the new Labour Code will soon be adopted by Parliament. While reminding the Government that Convention No. 138 applies to all types of enterprises, including family enterprises, the Committee expresses the firm hope that the new Labour Code will be adopted in the very near future and that it will contain provisions regulating work by children in family enterprises. The Committee requests the Government to provide information on any developments in this respect.

(iii) Domestic work. In its previous comments, the Committee observed that no national legislation explicitly establishes a minimum age for domestic workers. It recalled that Article 2 of the Convention is applicable to domestic work and that the minimum age for admission to this type of work must not be less than 14 years, except for work considered to be light, in accordance with the conditions laid down in Article 7 of the Convention. In this respect, the Government indicated that measures to explicitly establish a minimum age for admission to employment for light domestic work were envisaged in the preliminary draft of the Labour Code. The Committee notes that the Government’s report does not contain any information on this matter. It expresses the firm hope that the new Labour Code will establish the minimum age for admission to domestic work and requests the Government to provide information in this respect.

2. Minimum age for admission to employment or work. The Committee noted that, under section 125 of the Labour Code, children under 14 years of age may not be employed in enterprises, even as apprentices. It also noted that exemptions from this principle may be issued by order of the Minister responsible for labour, taking into account local circumstances and the work which may be required. The Government indicated that cases in which an exemption is issued are rare and that the number of exemptions issued is not available, as most children are used in informal sectors, such as the diamond industry, porterage or diving in search of diamonds. The Committee observed that these types of work are likely to be harmful to the health and development of children. It requested the Government to take the necessary measures to ensure that no person under 14 years of age is admitted to employment or work.

The Committee notes that the Government has not provided any information on this subject. It therefore once again recalls that, under Article 2, paragraph 1, of the Convention, no person under the specified minimum age, namely 14 years for the Central African Republic, may be admitted to employment or work in any occupation, subject to certain provisions of the Convention, including those of Article 7 respecting the types of light work which may be performed by children between the ages of 12 and 14 years. The Committee once again requests the Government to take the necessary measures to ensure that no person under 14 years of age is admitted to employment or work in the Central African Republic. In this respect, it expresses the firm hope that the new Labour Code, which will be adopted in the near future, will contain provisions providing that the only exemptions from the minimum age for admission to employment are for light work.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the age of completion of compulsory schooling is 14 years. It also noted the Government’s indication to the Committee on the Rights of the Child that, pursuant to section 6 of Act No. 97/014 of 10 December 1997 respecting education policy, school attendance is compulsory from 5 to 15 years, and that the texts to be issued under this Act are being prepared. The Committee also notes the adoption of the Plan of Action on Education for All (PNA-EPT) in 2005, the objective of which is to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. It also noted that, according to UNICEF data for 2005, the school attendance rate for primary education was 47 per cent for boys and 39 per cent for girls.

The Committee notes that the Government has not provided any information with regard to education. However, it notes that, according to UNICEF statistics for 2006, the gross school enrolment rate for primary education was 44 per cent for boys and 37 per cent for girls, while the figures for secondary education were 13 per cent for boys and 9 per cent for girls. The Committee also notes that, according to the Education for All (EFA) Global Monitoring Report 2008, published by UNESCO under the title Education for All in 2015: Will we make it?, in view of the lack of data it was impossible to make projections for the achievement of the goals established by the Education for All programme for the Central African Republic for 2015. However, the study indicates that 20 per cent or more of primary school students are repeating their year and that girls repeat years more than boys. The Committee expresses concern at the low rate of school enrolment in both primary and secondary education, and particularly at the disparity between the two sexes, to the detriment of girls, and the fairly high rate of repeating school years, which affects girls in particular. It observes that poverty is one of the primary courses of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to redouble its efforts to improve the functioning of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted in the context of the National Plan of Action for Education for All of 2005 to increase the school enrolment rate and reduce the school drop-out rate, so as to prevent children under 14 years of age from working. The Committee requests the Government to provide information on the results achieved. Finally, the Committee once again asks the Government to provide a copy of Act No. 97/014 of 10 December 1997 on education policy.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous types of work and determination of these types of work. The Committee notes the Government’s indication that the preliminary draft of the Labour Code has taken the comments on hazardous types of work into account and that the list of these types of work will be re-examined, in accordance with scientific and technical progress. The Committee notes the Government’s indication that the new Labour Code, which will soon be adopted by Parliament, takes into account the issue of the minimum age for admission to hazardous types of work and the determination of such types of work. It expresses the firm hope that the new Labour Code will be adopted as soon as possible and that it will contain provisions giving full effect to Article 3, paragraphs 1 and 2, of the Convention, namely that the minimum age for admission to hazardous types of work shall not be lower than 18 years and that a list of these types of work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It requests the Government to provide information on any new developments in this respect.

Article 3, paragraph 3. Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that, under section 7 of Order No. 006 of 1986, young workers over 16 years of age may be engaged in certain types of hazardous work. However, it noted that no special conditions are laid down to protect the health, safety and morals of young persons over 16 years of age carrying out hazardous types of work. The Committee reminded the Government that, under Article 3, paragraph 3, of the Convention, young persons over 16 years of age may be authorized to undertake hazardous types of work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to take the necessary measures to bring the national legislation into conformity with the Convention on this point. In this respect, it hopes that the new Labour Code, which will soon be adopted, will take this issue into account.

Article 6. Apprenticeship. The Committee previously noted the information provided by the Government that the Labour Code that is currently in force does not regulate the basic conditions and effects of apprenticeship contracts, but that the preliminary draft of the Labour Code has introduced substantial changes and that copies of the legislative texts will be provided once the new Code is adopted. Noting the absence of information in the Government’s report, the Committee once again hopes that the legislative texts will be adopted as soon as possible and that the Government’s next report will contain information on this subject.

Article 9, paragraph 1. Penalties. The Committee noted previously that section 225(b) of the Labour Code provides that penalties shall not be incurred where the infringement of section 125 of the Code is the result of a mistake as to the age of the young person committed when establishing the workbook. The Committee requested the Government to indicate how frequently use is made of section 225(b). Noting once again the absence of information in the Government’s report, the Committee once again requests it to provide information in this respect.

Article 9, paragraph 3. Keeping of registers by employers. In its previous comments, the Committee noted that, under the last paragraph of section 171 of the Labour Code, certain enterprises may be exempted from the obligation of keeping a register on account of their situation, their small size or the nature of their activities. The Committee reminded the Government that this provision of the Convention does not allow for such exemptions. Noting the absence of information on this subject in the Government’s report, the Committee once again hopes that the new Labour Code will take this issue into account and that all employers will be required to keep a register indicating the names and ages or dates of birth, duly certified wherever possible, of persons employed by them or working for them and who are under 18 years of age.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. In its previous comments, the Committee noted the Government’s information concerning a field study on the identification and classification of types of child labour which was being conducted in the country and its indication that this study would enable initiatives to be taken aimed at the abolition of child labour.

The Committee notes the information provided by the Government on measures taken to raise awareness with regard to the fight against child labour. It also notes the study by the Ministry of the Economy, Planning and International Cooperation on the situation of children in the country in 2003. According to this study, 5.2 per cent of boys and 5.6 per cent of girls aged from 6 to 9 years are engaged in work. Moreover, this study shows that boys are working particularly in the private wage sector (68.5 per cent), the public wage sector (66.7 per cent), for an employer (72.7 per cent) and as apprentices (60.2 per cent), while the numbers of girls are greater in self-employment (57 per cent) or in work as domestic assistants (54 per cent). The Committee is concerned at the situation of young children who are forced to work in the Central African Republic, particularly girls who mostly work in sectors not covered by child labour regulations and are consequently more vulnerable to exploitation. It therefore asks the Government to renew its efforts to improve the situation. The Committee asks the Government in particular to take specific measures to combat child labour, in particular by adopting a national policy aimed at the progressive abolition of child labour and implementing action programmes in sectors where child labour is a major problem. The Committee also asks the Government to send a copy of the study on the identification and classification of the types of child labour.

Article 2, paragraph 1. 1. Scope of application. (i) Self-employment. In its previous comments, the Committee noted that the provisions of the Labour Code and the decrees for its application do not apply to persons working on their own account. The Committee asked the Government to supply information on the manner in which the protection afforded by the Convention is guaranteed for children working on their own account. The Committee notes the Government’s information that the protection afforded by the Convention is guaranteed to self‑employed children by the juvenile courts and by the Children’s Parliament. The Committee asks the Government to supply information on the manner in which the juvenile courts and the Children’s Parliament guarantee the protection afforded by the Convention to children who are working without an employment relationship, in particular when they are self-employed.

(ii) Family enterprises. The Committee noted previously that, under section 2 of Order No. 006 of 1986, children under 14 years of age may be employed, also as apprentices, in establishments where only family members are employed. The Committee reminded the Government that Convention No. 138 applies to all types of enterprises, including family enterprises. The Committee notes the Government’s statement that the preliminary draft Labour Code recently approved by the social partners has taken this issue into account. It hopes that the preliminary draft Labour Code will be adopted as soon as possible and asks the Government to supply information on all further developments in this respect.

(iii) Domestic work. In its previous comments, the Committee observed that no national legislation explicitly sets a minimum age of 14 years for domestic employees. It reiterated that Article 2 of the Convention is applicable to domestic work and that the minimum age for admission to this type of work should not be less than 14 years, except for work considered to be light, according to the conditions laid down by Article 7 of the Convention. Noting the Government’s information that measures for explicitly setting a minimum age for admission to employment for light domestic work are provided for by the preliminary draft Labour Code, the Committee reminds the Government that the minimum age for admission to domestic work is not explicitly set by national legislation. It hopes that the preliminary draft Labour Code will set this age and asks the Government to supply information in this respect.

2. Minimum age for admission to employment or work. The Committee previously noted that, under section 125 of the Labour Code, children under 14 years of age may not be employed in enterprises, even as apprentices. It also noted that exemptions from this principle may be issued by order of the Minister responsible for labour, taking account of local circumstances and the tasks which may be required. The Committee reminded the Government that, under the terms of this provision of the Convention, children under the age of 14 years are prohibited from working, except in the case of light work which may be performed by children aged from 12 to 14 years, under the conditions provided for by Article 7 of the Convention.

The Committee notes the Government’s information that cases in which an exemption is issued are rare and that the number of exemptions issued is not available, most children being employed in the informal sectors, such as the diamond industry, porterage or diving in search of diamonds. The Committee notes that these types of work may be harmful to the health and development of children. It reminds the Government that, under Article 2, paragraph 1, of the Convention, no person under the specified minimum age, namely 14 years for the Central African Republic, may be admitted to employment or work in any occupation, subject to certain provisions of the Convention. Taking account of the abovementioned statistics, the Committee asks the Government to take the necessary measures to ensure that no person under 14 years of age is admitted to employment or work. In this respect, it invites the Government to consider the possibility of amending section 125 of the Labour Code so that the only exemptions relating to the minimum age for admission to employment are for light work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee previously noted that the age of completion of compulsory schooling is 14 years. It also noted that the Government had indicated to the Committee on the Rights of the Child that schooling is compulsory between the ages of 5 and 15 years, pursuant to section 6 of the Act of 10 December 1997, and that the legislative texts giving effect to this Act were being prepared. The Committee requested the Government to supply copies of the texts relating to education in the Central African Republic and, in particular, Act No. 97/014 of 10 December 1997.

The Committee notes the Government’s information that it adopted an action plan on education for all (PNA-EPT) in 2005, which is designed to produce an increase in the school attendance rate, reduce the school drop-out rate and ensure that all children complete the full cycle of primary education. The Committee notes that, according to information from UNICEF (see the following web site: http://www.unicef.org/french/ infobycountry/car_statistics.html#0), the primary school attendance rate is 47 per cent for boys and 39 per cent for girls. The Committee is concerned at this low rate of school attendance. Considering that, in order to combat child labour effectively, it is essential that the Government take measures which enable children to attend compulsory basic education or be integrated into an informal school system, an apprenticeship or vocational training, the Committee encourages the Government to renew its efforts to increase the school attendance rate and reduce the school drop-out rate in order to prevent children from engaging in work. It requests it to supply information on the implementation of the PNA-EPT and also on the results obtained in terms of raising the school attendance rate and reducing the school drop-out rate.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. Referring to its previous comments, the Committee notes the Government’s information that the preliminary draft Labour Code has taken into account the comments on hazardous work and that the list of these types of work will be re-examined, in line with advances in science and technology. The Committee hopes that the next Government report will contain information in this respect, and reminds the Government that, under Article 3 of the Convention, workers’ and employers’ organizations must be consulted with regard to the drawing up of the list of types of hazardous work.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that, under section 7 of Order No. 006 of 1986, young workers over 16 years of age may be engaged in certain types of hazardous work. However, it noted that no special conditions are laid down to protect the health, safety and morals of young persons carrying out hazardous work. The Committee reminded the Government that, under Article 3, paragraph 3, of the Convention, young persons over 16 years of age may be authorized to undertake hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. Noting the absence of information in the Government’s report, the Committee again asks it to take the necessary measures to bring the legislation into conformity with the Convention on this point. It hopes that, in the context of the revision of the list of types of hazardous work, the Government will take account of this issue.

Article 6. Apprenticeship. Referring to its previous comments, the Committee notes the Government’s information that the Labour Code in force does not govern the basic conditions and effects of apprenticeship contracts, but that the preliminary draft Labour Code has introduced substantial changes and the legislative texts will be supplied once the new Code is adopted. The Committee hopes that the legislative texts will be adopted as soon as possible and that the next Government report will contain information in this respect.

Article 9, paragraph 1. Penalties. The Committee noted that section 225(b) of the Labour Code states that penalties shall not be incurred where the infringement of section 125 of the Code is the result of a mistake in the age of the young person made when establishing the workbook. The Committee asked the Government to indicate how frequently use is made of section 225(b). Noting the absence of information in the Government’s report, the Committee again asks it to supply information in this respect.

Article 9, paragraph 3. Keeping of registers by employers. In its previous comments, the Committee noted that, under the last paragraph of section 171 of the Labour Code, certain enterprises may be exempted from the obligation of keeping a register on account of their situation, their small size or the nature of their activities. The Committee reminded the Government that this provision of the Convention does not allow for such exemptions. Noting the absence of information on this matter in the Government’s report, the Committee hopes that the new Labour Code will take account of this question and that all employers will be obliged to keep a register indicating the names and ages or dates of birth, duly certified wherever possible, of persons employed by them or working for them and who are less than 18 years of age.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret 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 direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted the Government’s statements on the field study being conducted to identify and classify types of labour in the context of its policy to eliminate child labour. The Government indicated that the validation of this report will enable it to initiate activities for the elimination of child labour and that it will in the very near future initiate a national media campaign to raise public awareness of the need to put an end to child labour. The Committee also noted the creation of a national network to combat child labour by Decree No. 002 of 2 April 1998. The Committee once again requests the Government to provide information on the field study under way, the progress of the public awareness campaign and the functions and achievements of the national network to combat child labour.

Article 2, paragraph. 1. Scope of application of the Convention. The Committee noted that the Government declared, when ratifying the Convention, that the minimum age for admission to employment was set at 14 years, in accordance with Article 2, paragraph 4, of the Convention. The Committee noted that, by virtue of section 125 of the Labour Code, children under 14 years of age may not be employed in enterprises, even as apprentices. Derogations to this principle may be made by order of the Minister responsible for Labour taking into account local circumstances and the tasks that may be required of them. The Committee reminded the Government that, according to Article 2, paragraphs 1 and 4, of the Convention, children under 14 years of age are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee once again requests the Government to specify the local circumstances and the tasks that may justify the granting of a derogation and the number of derogations granted.

2. Self-employment. The Committee noted that, by virtue of section 1 of the Labour Code, only workers engaged in a working relationship with the employer in exchange for remuneration are covered by the provisions of the Code. The provisions of the Labour Code and the decrees for its application do not apply to persons working on their own account. The Committee reminded 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 a contractual employment relationship exists and whether or not the work is remunerated. It therefore once again requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed for young persons working on their own account.

3. Family enterprises. The Committee indicated that acceptance of the obligations of Convention No. 138, by virtue of the provisions of Article 10, paragraph 5(b), involves the denunciation of the Minimum Age (Agriculture) Convention, 1921 (No. 10). In its direct request of 1997 on the application of Convention No. 10, the Committee requested the Government to provide information on the measures taken to ensure the application of the Convention in family enterprises. The Committee noted that by virtue of section 2 of Order No. 006 of 1986, issued under section 125 of the Labour Code, children under 14 years of age may be employed, also as apprentices, in establishments in which only family members are employed. The Committee reminded the Government that Convention No. 138 applies to all types of enterprises, including family enterprises. It once again requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

4. Domestic work. The Committee noted that section 1 of Order No. 49/MFPT-DT of 1 January 1970 provides that temporary staff hired for less than 20 hours a week are not covered by the Order and are governed only by the conditions stipulated by the parties concerned. It also noted that section 3(a) of Order No. 006 of 1986 (establishing the terms and conditions of employment of young persons) provides that young persons over 12 years of age may carry out light domestic work and that section 125 of the Labour Code respecting the minimum age for admission to employment only applies to work carried out in enterprises. The Committee noted that no text explicitly sets a minimum age of 14 years for domestic employees. The Committee reminded the Government that Article 2 of the Convention is applicable to domestic work, including temporary workers, and that the minimum age for admission to this type of work should not be below 14 years, except for work considered to be light. It therefore once again requests the Government to indicate the measures taken or envisaged to explicitly set a minimum age of 14 years for domestic work other than light work in the national legislation.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted the Government’s statement, in its report of 21 June 2001 sent under article 22 of the Constitution under Convention No. 182, that the minimum age for completion of compulsory education is 14 years. It also noted that the Ministry of National Education of Bangui, in its report on the basic data for the education system in the Central African Republic (addressed to the International Bureau of Education), indicated that education is compulsory from the age of 6 years to the age of 15 years, and that the education system is regulated by the provisions of Act No. 97/014 of 10 December 1997 issuing guidance for the education system. In its report to the International Bureau of Education, the Government added that the texts for the application of this framework Act are being prepared. Furthermore, the Government indicated to the Committee on the Rights of the Child that education is compulsory from the age of 5 years to the age of 15 years by virtue of section 6 of the Act of 10 December 1997 (CRC/C/1 (future) 11, of 23 August 2000, the Government’s reply to the Committee’s question No. 21). Noting the contradictory information and the low school enrolment rate (in 1997 the school enrolment rate was estimated at 53 per cent for boys and 38 per cent for girls (CRC/C/1 (future) 11, of 23 August 2000, question No. 21), the Committee once again requests the Government to provide a copy of the texts relating to education in the Central African Republic, and in particular Act No. 97/014 of 10 December 1997 issuing guidance for the education system.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee noted the Government’s statement that it will take the provisions of Article 3 of the Convention into account in the preparation of a new Labour Code. It added that, in the event that the adoption of the text is further delayed, regulations will be introduced. The Committee reminded the Government that, by virtue of Article 3 of the Convention, employers’ and workers’ organizations shall be consulted when formulating the list of types of hazardous work. The Committee once again requests the Government to provide information on the progress made regarding the new Labour Code, which has been under preparation for several years according to the Government’s statements in its previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33). The Committee notes that the types of hazardous work currently prohibited for young persons under 18 years of age are specified in sections 6, 10 and 11 of Order No. 006 of 1986. It hopes that, while preparing the new Labour Code, the list of types of hazardous work will be re-examined to take into account advancing scientific and technological knowledge, as suggested in Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146).

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee noted that, under the terms of section 7 of Order No. 006 of 1986, young workers over 16 years of age may be engaged in the following types of work: propulsion by means of pedals, wheels, pedal cranks or levers; operation of hand- or foot-operated jigs and jigging tables (subsection 1); operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines (subsection 2); and construction work (subsection 3). The Committee noted that no special conditions are provided to protect the health, safety and morals of young persons carrying out hazardous work. The only protection measure is contained in section 9 of Order No. 006 of 1986, which provides that the labour inspector may require any young worker to undergo a medical examination to determine whether the work on which she or he is employed exceeds her or his strength. The Committee reminded the Government that, by virtue of Article 3, paragraph 3, of the Convention, young persons over 16 years of age may be authorized to undertake hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. The Committee once again requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

Article 6. Apprenticeship. The Committee noted the Government’s statements that the national legislation makes no provision for the derogations envisaged in Article 6 of the Convention and that, in practice, these are not considered to be child labour. It noted however that section 125 of the Labour Code prohibits the employment of children under 14 years of age, even as apprentices. Furthermore, apprenticeships are regulated separately by Chapter II of the Labour Code. The Committee requests the Government to provide the decree adopted after consultation with the Labour Advisory Board (a tripartite commission in accordance with section 161(2) of the Labour Code) as envisaged in section 59 of the Labour Code to establish the basic conditions and effects of apprenticeship contracts, which are not specified in the Labour Code.

Article 9, paragraph 1. Penalties. The Committee noted that, according to the Government’s statements, infringements of child labour provisions are punished under section 222 of the Labour Code. The Committee noted however that sections 225, 226, 228(f) and 230 of the Code also set out sanctions for violations of child labour regulations. Furthermore, the Committee noted that section 225(b) provides that penalties shall not be incurred where the infringements of section 125 of the Labour Code are the result of a mistake in the age of the young person made when establishing the workbook. Noting the absence of any reference to these provisions in the Government’s report, the Committee requests it to indicate whether they are applied in practice. It also requests the Government to give an indication of how often use is made of section 225(b) respecting the exemption from penalties in the event of a mistake relating to the age of the young person made when establishing the workbook.

Article 9, paragraph 3. Keeping of registers by employers. The Committee noted that by virtue of section 171 of the Labour Code an employer’s register, a model of which shall be determined by order of the minister responsible for labour, shall be kept available for the labour inspector. This register contains, among other data, personal information about the employee and her or his employment contract. The Committee noted however that by virtue of the last subsection of section 171 of the Labour Code, certain enterprises may, by order of the minister responsible for labour issued after consulting the Labour Advisory Commission, be exempted from the obligation to keep a register on account of their situation, small size or the nature of their activities. The Committee reminded the Government that Article 9, paragraph 3, of the Convention does not allow such exemptions. The Committee therefore requests the Government to specify the cases in which exemptions have been made under the last subsection of section 171 of the Labour Code.

Part V of the report form. Practical application of the Convention. The Committee noted that, according to UNICEF, 64 per cent of children between the ages of 5 and 14 years were working in 2000. Furthermore, it noted the information provided by the Government to the Committee on the Rights of the Child indicating that a study conducted in Bangui and in five other cities revealed that 2,629 children live and work in the street (CRC/C/3/11/Add.18 of 23 August 2000, reply to question 23, page 18). Noting this information, the Committee requests the Government to indicate the measures taken or envisaged to progressively bring the national practice into line with its legislation. It also asks the Government to provide information and statistical data on the employment of children and young persons, extracts from reports of inspection services and details on the number and nature of violations reported and the sanctions imposed. The Committee notes in particular the Government’s statement to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000) that a statistical survey confirmed the existence of child labour in the Central African Republic. The Committee requests the Government to provide a copy of this survey.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted the Government’s statements on the field study being conducted to identify and classify types of labour in the context of its policy to eliminate child labour. The Government indicated that the validation of this report will enable it to initiate activities for the elimination of child labour and that it will in the very near future initiate a national media campaign to raise public awareness of the need to put an end to child labour. The Committee also noted the creation of a national network to combat child labour by Decree No. 002 of 2 April 1998. The Committee once again requests the Government to provide information on the field study under way, the progress of the public awareness campaign and the functions and achievements of the national network to combat child labour.

Article 2, paragraph. 1. Scope of application of the Convention. The Committee noted that the Government declared, when ratifying the Convention, that the minimum age for admission to employment was set at 14 years, in accordance with Article 2, paragraph 4, of the Convention. The Committee noted that, by virtue of section 125 of the Labour Code, children under 14 years of age may not be employed in enterprises, even as apprentices. Derogations to this principle may be made by order of the Minister responsible for Labour taking into account local circumstances and the tasks that may be required of them. The Committee reminded the Government that, according to Article 2, paragraphs 1 and 4, of the Convention, children under 14 years of age are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee once again requests the Government to specify the local circumstances and the tasks that may justify the granting of a derogation and the number of derogations granted.

2. Self-employment. The Committee noted that, by virtue of section 1 of the Labour Code, only workers engaged in a working relationship with the employer in exchange for remuneration are covered by the provisions of the Code. The provisions of the Labour Code and the decrees for its application do not apply to persons working on their own account. The Committee reminded 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 a contractual employment relationship exists and whether or not the work is remunerated. It therefore once again requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed for young persons working on their own account.

3. Family enterprises. The Committee indicated that acceptance of the obligations of Convention No. 138, by virtue of the provisions of Article 10, paragraph 5(b), involves the denunciation of the Minimum Age (Agriculture) Convention, 1921 (No. 10). In its direct request of 1997 on the application of Convention No. 10, the Committee requested the Government to provide information on the measures taken to ensure the application of the Convention in family enterprises. The Committee noted that by virtue of section 2 of Order No. 006 of 1986, issued under section 125 of the Labour Code, children under 14 years of age may be employed, also as apprentices, in establishments in which only family members are employed. The Committee reminded the Government that Convention No. 138 applies to all types of enterprises, including family enterprises. It once again requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

4. Domestic work. The Committee noted that section 1 of Order No. 49/MFPT-DT of 1 January 1970 provides that temporary staff hired for less than 20 hours a week are not covered by the Order and are governed only by the conditions stipulated by the parties concerned. It also noted that section 3(a) of Order No. 006 of 1986 (establishing the terms and conditions of employment of young persons) provides that young persons over 12 years of age may carry out light domestic work and that section 125 of the Labour Code respecting the minimum age for admission to employment only applies to work carried out in enterprises. The Committee noted that no text explicitly sets a minimum age of 14 years for domestic employees. The Committee reminded the Government that Article 2 of the Convention is applicable to domestic work, including temporary workers, and that the minimum age for admission to this type of work should not be below 14 years, except for work considered to be light. It therefore once again requests the Government to indicate the measures taken or envisaged to explicitly set a minimum age of 14 years for domestic work other than light work in the national legislation.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted the Government’s statement, in its report of 21 June 2001 sent under article 22 of the Constitution under Convention No. 182, that the minimum age for completion of compulsory education is 14 years. It also noted that the Ministry of National Education of Bangui, in its report on the basic data for the education system in the Central African Republic (addressed to the International Bureau of Education), indicated that education is compulsory from the age of 6 years to the age of 15 years, and that the education system is regulated by the provisions of Act No. 97/014 of 10 December 1997 issuing guidance for the education system. In its report to the International Bureau of Education, the Government added that the texts for the application of this framework Act are being prepared. Furthermore, the Government indicated to the Committee on the Rights of the Child that education is compulsory from the age of 5 years to the age of 15 years by virtue of section 6 of the Act of 10 December 1997 (CRC/C/1 (future) 11, of 23 August 2000, the Government’s reply to the Committee’s question No. 21). Noting the contradictory information and the low school enrolment rate (in 1997 the school enrolment rate was estimated at 53 per cent for boys and 38 per cent for girls (CRC/C/1 (future) 11, of 23 August 2000, question No. 21), the Committee once again requests the Government to provide a copy of the texts relating to education in the Central African Republic, and in particular Act No. 97/014 of 10 December 1997 issuing guidance for the education system.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee noted the Government’s statement that it will take the provisions of Article 3 of the Convention into account in the preparation of a new Labour Code. It added that, in the event that the adoption of the text is further delayed, regulations will be introduced. The Committee reminded the Government that, by virtue of Article 3 of the Convention, employers’ and workers’ organizations shall be consulted when formulating the list of types of hazardous work. The Committee once again requests the Government to provide information on the progress made regarding the new Labour Code, which has been under preparation for several years according to the Government’s statements in its previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33). The Committee notes that the types of hazardous work currently prohibited for young persons under 18 years of age are specified in sections 6, 10 and 11 of Order No. 006 of 1986. It hopes that, while preparing the new Labour Code, the list of types of hazardous work will be re-examined to take into account advancing scientific and technological knowledge, as suggested in Paragraph 10(2) of the Minimum Age Recommendation, 1973
(No. 146).

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee noted that, under the terms of section 7 of Order No. 006 of 1986, young workers over 16 years of age may be engaged in the following types of work: propulsion by means of pedals, wheels, pedal cranks or levers; operation of hand- or foot-operated jigs and jigging tables (subsection 1); operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines (subsection 2); and construction work (subsection 3). The Committee noted that no special conditions are provided to protect the health, safety and morals of young persons carrying out hazardous work. The only protection measure is contained in section 9 of Order No. 006 of 1986, which provides that the labour inspector may require any young worker to undergo a medical examination to determine whether the work on which she or he is employed exceeds her or his strength. The Committee reminded the Government that, by virtue of Article 3, paragraph 3, of the Convention, young persons over 16 years of age may be authorized to undertake hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. The Committee once again requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

Article 6. Apprenticeship. The Committee noted the Government’s statements that the national legislation makes no provision for the derogations envisaged in Article 6 of the Convention and that, in practice, these are not considered to be child labour. It noted however that section 125 of the Labour Code prohibits the employment of children under 14 years of age, even as apprentices. Furthermore, apprenticeships are regulated separately by Chapter II of the Labour Code. The Committee requests the Government to provide the decree adopted after consultation with the Labour Advisory Board (a tripartite commission in accordance with section 161(2) of the Labour Code) as envisaged in section 59 of the Labour Code to establish the basic conditions and effects of apprenticeship contracts, which are not specified in the Labour Code.

Article 9, paragraph 1. Penalties. The Committee noted that, according to the Government’s statements, infringements of child labour provisions are punished under section 222 of the Labour Code. The Committee noted however that sections 225, 226, 228(f) and 230 of the Code also set out sanctions for violations of child labour regulations. Furthermore, the Committee noted that section 225(b) provides that penalties shall not be incurred where the infringements of section 125 of the Labour Code are the result of a mistake in the age of the young person made when establishing the workbook. Noting the absence of any reference to these provisions in the Government’s report, the Committee requests it to indicate whether they are applied in practice. It also requests the Government to give an indication of how often use is made of section 225(b) respecting the exemption from penalties in the event of a mistake relating to the age of the young person made when establishing the workbook.

Article 9, paragraph 3. Keeping of registers by employers. The Committee noted that by virtue of section 171 of the Labour Code an employer’s register, a model of which shall be determined by order of the minister responsible for labour, shall be kept available for the labour inspector. This register contains, among other data, personal information about the employee and her or his employment contract. The Committee noted however that by virtue of the last subsection of section 171 of the Labour Code, certain enterprises may, by order of the minister responsible for labour issued after consulting the Labour Advisory Commission, be exempted from the obligation to keep a register on account of their situation, small size or the nature of their activities. The Committee reminded the Government that Article 9, paragraph 3, of the Convention does not allow such exemptions. The Committee therefore requests the Government to specify the cases in which exemptions have been made under the last subsection of section 171 of the Labour Code.

Part V of the report form. Practical application of the Convention. The Committee noted that, according to UNICEF, 64 per cent of children between the ages of 5 and 14 years were working in 2000. Furthermore, it noted the information provided by the Government to the Committee on the Rights of the Child indicating that a study conducted in Bangui and in five other cities revealed that 2,629 children live and work in the street (CRC/C/3/11/Add.18 of 23 August 2000, reply to question 23, page 18). Noting this information, the Committee requests the Government to indicate the measures taken or envisaged to progressively bring the national practice into line with its legislation. It also asks the Government to provide information and statistical data on the employment of children and young persons, extracts from reports of inspection services and details on the number and nature of violations reported and the sanctions imposed. The Committee notes in particular the Government’s statement to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000) that a statistical survey confirmed the existence of child labour in the Central African Republic. The Committee requests the Government to provide a copy of this survey.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s statements on the field study being conducted to identify and classify types of labour in the context of its policy to eliminate child labour. The Government indicates that the validation of this report will enable it to initiate activities for the elimination of child labour and that it will in the very near future initiate a national media campaign to raise public awareness of the need to put an end to child labour. The Committee also notes the creation of a national network to combat child labour by Decree No. 002 of 2 April 1998. The Committee requests the Government to provide information on the field study under way, the progress of the public awareness campaign and the functions and achievements of the national network to combat child labour.

Article 2, paragraph. 1. Scope of application of the Convention. The Committee notes that the Government declared, when ratifying the Convention, that the minimum age for admission to employment was set at 14 years, in accordance with Article 2, paragraph 4, of the Convention. The Committee notes that, by virtue of section 125 of the Labour Code, children under 14 years of age may not be employed in enterprises, even as apprentices. Derogations to this principle may be made by order of the Minister responsible for Labour taking into account local circumstances and the tasks that may be required of them. The Committee reminds the Government that, according to Article 2, paragraphs 1 and 4, of the Convention, children under 14 years of age are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee requests the Government to specify the local circumstances and the tasks that may justify the granting of a derogation and the number of derogations granted.

2. Self-employment. The Committee notes that, by virtue of section 1 of the Labour Code, only workers engaged in a working relationship with the employer in exchange for remuneration are covered by the provisions of the Code. The provisions of the Labour Code and the decrees for its application do not apply to persons working on their own account. 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 a contractual employment relationship exists and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed for young persons working on their own account.

3. Family enterprises. The Committee indicates that acceptance of the obligations of Convention No. 138, by virtue of the provisions of Article  10, paragraph 5(b), involves the denunciation of the Minimum Age (Agriculture) Convention, 1921 (No. 10). In its direct request of 1997 on the application of Convention No. 10, the Committee requested the Government to provide information on the measures taken to ensure the application of the Convention in family enterprises. The Committee notes that by virtue of section 2 of Order No. 006 of 1986, issued under section 125 of the Labour Code, children under 14 years of age may be employed, also as apprentices, in establishments in which only family members are employed. The Committee reminds the Government that Convention No. 138 applies to all types of enterprises, including family enterprises. It requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

4. Domestic work. The Committee notes that section 1 of Order No. 49/MFPT-DT of 1 January 1970 provides that temporary staff hired for less than 20 hours a week are not covered by the Order and are governed only by the conditions stipulated by the parties concerned. It also notes that section 3(a) of Order No. 006 of 1986 (establishing the terms and conditions of employment of young persons) provides that young persons over 12 years of age may carry out light domestic work and that section 125 of the Labour Code respecting the minimum age for admission to employment only applies to work carried out in enterprises. The Committee notes that no text explicitly sets a minimum age of 14 years for domestic employees. The Committee reminds the Government that Article 2 of the Convention is applicable to domestic work, including temporary workers, and that the minimum age for admission to this type of work should not be below 14 years, except for work considered to be light. It therefore requests the Government to indicate the measures taken or envisaged to explicitly set a minimum age of 14 years for domestic work other than light work in the national legislation.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the Government’s statement, in its report of 21 June 2001 sent under article 22 of the Constitution under Convention No. 182, that the minimum age for completion of compulsory education is 14 years. It also notes that the Ministry of National Education of Bangui, in its report on the basic data for the education system in the Central African Republic (addressed to the International Bureau of Education), indicated that education is compulsory from the age of 6 years to the age of 15 years, and that the education system is regulated by the provisions of Act No. 97/014 of 10 December 1997 issuing guidance for the education system. In its report to the International Bureau of Education, the Government added that the texts for the application of this framework Act are being prepared. Furthermore, the Government indicated to the Committee on the Rights of the Child that education is compulsory from the age of 5 years to the age of 15 years by virtue of section 6 of the Act of 10 December 1997 (CRC/C/1 (future) 11, of 23 August 2000, the Government’s reply to the Committee’s question No. 21). Noting the contradictory information and the low school enrolment rate (in 1997 the school enrolment rate was estimated at 53 per cent for boys and 38 per cent for girls (CRC/C/1 (future) 11, of 23 August 2000, question No. 21), the Committee requests the Government to provide a copy of the texts relating to education in the Central African Republic, and in particular Act No. 97/014 of 10 December 1997 issuing guidance for the education system.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes the Government’s statement that it will take the provisions of Article 3 of the Convention into account in the preparation of a new Labour Code. It adds that, in the event that the adoption of the text is further delayed, regulations will be introduced. The Committee reminds the Government that, by virtue of Article 3 of the Convention, employers’ and workers’ organizations shall be consulted when formulating the list of types of hazardous work. The Committee requests the Government to provide information on the progress made regarding the new Labour Code, which has been under preparation for several years according to the Government’s statements in its previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33). The Committee notes that the types of hazardous work currently prohibited for young persons under 18 years of age are specified in sections 6, 10 and 11 of Order No. 006 of 1986. It hopes that, while preparing the new Labour Code, the list of types of hazardous work will be re-examined to take into account advancing scientific and technological knowledge, as suggested in Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146).

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that, under the terms of section 7 of Order No. 006 of 1986, young workers over 16 years of age may be engaged in the following types of work: propulsion by means of pedals, wheels, pedal cranks or levers; operation of hand- or foot-operated jigs and jigging tables (subsection 1); operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines (subsection 2); and construction work (subsection 3). The Committee notes that no special conditions are provided to protect the health, safety and morals of young persons carrying out hazardous work. The only protection measure is contained in section 9 of Order No. 006 of 1986, which provides that the labour inspector may require any young worker to undergo a medical examination to determine whether the work on which she or he is employed exceeds her or his strength. The Committee reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, young persons over 16 years of age may be authorized to undertake hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

Article 6. Apprenticeship. The Committee notes the Government’s statements that the national legislation makes no provision for the derogations envisaged in Article 6 of the Convention and that, in practice, these are not considered to be child labour. It notes however that section 125 of the Labour Code prohibits the employment of children under 14 years of age, even as apprentices. Furthermore, apprenticeships are regulated separately by Chapter II of the Labour Code. The Committee requests the Government to provide the decree adopted after consultation with the Labour Advisory Board (a tripartite commission in accordance with section 161(2) of the Labour Code) as envisaged in section 59 of the Labour Code to establish the basic conditions and effects of apprenticeship contracts, which are not specified in the Labour Code.

Article 9, paragraph 1. Sanctions. The Committee notes that, according to the Government’s statements, infringements of child labour provisions are punished under section 222 of the Labour Code. The Committee notes however that sections 225, 226, 228(f) and 230 of the Code also set out sanctions for violations of child labour regulations. Furthermore, the Committee notes that section 225(b) provides that penalties shall not be incurred where the infringements of section 125 of the Labour Code are the result of a mistake in the age of the young person made when establishing the workbook. Noting the absence of any reference to these provisions in the Government’s report, the Committee requests it to indicate whether they are applied in practice. It also requests the Government to give an indication of how often use is made of section 225(b) respecting the exemption from penalties in the event of a mistake relating to the age of the young person made when establishing the workbook.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes that by virtue of section 171 of the Labour Code an employer’s register, a model of which shall be determined by order of the minister responsible for labour, shall be kept available for the labour inspector. This register contains, among other data, personal information about the employee and her or his employment contract. The Committee notes however that by virtue of the last subsection of section 171 of the Labour Code, certain enterprises may, by order of the minister responsible for labour issued after consulting the Labour Advisory Commission, be exempted from the obligation to keep a register on account of their situation, small size or the nature of their activities. The Committee reminds the Government that Article 9, paragraph 3, of the Convention does not allow such exemptions. The Committee therefore requests the Government to specify the cases in which exemptions have been made under the last subsection of section 171 of the Labour Code.

Part V of the report form. Practical application of the Convention. The Committee notes that, according to UNICEF, 64 per cent of children between the ages of 5 and 14 years were working in 2000. Furthermore, it notes the information provided by the Government to the Committee on the Rights of the Child indicating that a study conducted in Bangui and in five other cities revealed that 2,629 children live and work in the street (CRC/C/3/11/Add.18 of 23 August 2000, reply to question 23, page 18). Noting this information, the Committee requests the Government to indicate the measures taken or envisaged to progressively bring the national practice into line with its legislation. It also asks the Government to provide information and statistical data on the employment of children and young persons, extracts from reports of inspection services and details on the number and nature of violations reported and the sanctions imposed. The Committee notes in particular the Government’s statement to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000) that a statistical survey confirmed the existence of child labour in the Central African Republic. The Committee requests the Government to provide a copy of this survey.

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

The Committee notes the information provided by the Government in its first report. It also notes with interest that the Central African Republic ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 28 June 2000.

Article 1 of the Convention. The Committee notes the Government’s statements on the field study being conducted to identify and classify types of labour in the context of its policy to eliminate child labour. The Government indicates that the validation of this report will enable it to initiate activities for the elimination of child labour and that it will in the very near future initiate a national media campaign to raise public awareness of the need to put an end to child labour. The Committee also notes the creation of a national network to combat child labour by Decree No. 002 of 2 April 1998. The Committee requests the Government to provide information on the field study under way, the progress of the public awareness campaign and the functions and achievements of the national network to combat child labour.

1. Article 2, paragraph 1. Scope of application of the Convention. The Committee notes that the Government declared, when ratifying the Convention, that the minimum age for admission to employment was set at 14 years, in accordance with Article 2, paragraph 4, of the Convention. The Committee notes that, by virtue of section 125 of the Labour Code, children under 14 years of age may not be employed in enterprises, even as apprentices. Derogations to this principle may be made by order of the Minister responsible for Labour taking into account local circumstances and the tasks that may be required of them. The Committee reminds the Government that, according to Article 2, paragraphs 1 and 4, of the Convention, children under 14 years of age are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee requests the Government to specify the local circumstances and the tasks that may justify the granting of a derogation and the number of derogations granted.

2. Self-employment. The Committee notes that, by virtue of section 1 of the Labour Code, only workers engaged in a working relationship with the employer in exchange for remuneration are covered by the provisions of the Code. The provisions of the Labour Code and the decrees for its application do not apply to persons working on their own account. 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 a contractual employment relationship exists and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed for young persons working on their own account.

3. Family enterprises. The Committee indicates that acceptance of the obligations of Convention No. 138, by virtue of the provisions of Article 10, paragraph 5(b), involves the denunciation of the Minimum Age (Agriculture) Convention, 1921 (No. 10). In its direct request of 1997 on the application of Convention No. 10, the Committee requested the Government to provide information on the measures taken to ensure the application of the Convention in family enterprises. The Committee notes that by virtue of section 2 of Order No. 006 of 1986, issued under section 125 of the Labour Code, children under 14 years of age may be employed, also as apprentices, in establishments in which only family members are employed. The Committee reminds the Government that Convention No. 138 applies to all types of enterprises, including family enterprises. It requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

4. Domestic work. The Committee notes that section 1 of Order No. 49/MFPT-DT of 1 January 1970 provides that temporary staff hired for less than 20 hours a week are not covered by the Order and are governed only by the conditions stipulated by the parties concerned. It also notes that section 3(a) of Order No. 006 of 1986 (establishing the terms and conditions of employment of young persons) provides that young persons over 12 years of age may carry out light domestic work and that section 125 of the Labour Code respecting the minimum age for admission to employment only applies to work carried out in enterprises. The Committee notes that no text explicitly sets a minimum age of 14 years for domestic employees. The Committee reminds the Government that Article 2 of the Convention is applicable to domestic work, including temporary workers, and that the minimum age for admission to this type of work should not be below 14 years, except for work considered to be light. It therefore requests the Government to indicate the measures taken or envisaged to explicitly set a minimum age of 14 years for domestic work other than light work in the national legislation.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee notes the Government’s statement, in its report of 21 June 2001 sent under article 22 of the Constitution under Convention No. 182, that the minimum age for completion of compulsory education is 14 years. It also notes that the Ministry of National Education of Bangui, in its report on the basic data for the education system in the Central African Republic (addressed to the International Bureau of Education), indicated that education is compulsory from the age of 6 years to the age of 15 years, and that the education system is regulated by the provisions of Act No. 97/014 of 10 December 1997 issuing guidance for the education system. In its report to the International Bureau of Education, the Government added that the texts for the application of this framework Act are being prepared. Furthermore, the Government indicated to the Committee on the Rights of the Child that education is compulsory from the age of 5 years to the age of 15 years by virtue of section 6 of the Act of 10 December 1997 (CRC/C/1 (future) 11, of 23 August 2000, the Government’s reply to the Committee’s question No. 21). Noting the contradictory information and the low school enrolment rate (in 1997 the school enrolment rate was estimated at 53 per cent for boys and 38 per cent for girls (CRC/C/1 (future) 11, of 23 August 2000, question No. 21), the Committee requests the Government to provide a copy of the texts relating to education in the Central African Republic, and in particular Act No. 97/014 of 10 December 1997 issuing guidance for the education system.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee notes the Government’s statement that it will take the provisions of Article 3 of the Convention into account in the preparation of a new Labour Code. It adds that, in the event that the adoption of the text is further delayed, regulations will be introduced. The Committee reminds the Government that, by virtue of Article 3 of the Convention, employers’ and workers’ organizations shall be consulted when formulating the list of types of hazardous work. The Committee requests the Government to provide information on the progress made regarding the new Labour Code, which has been under preparation for several years according to the Government’s statements in its previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33). The Committee notes that the types of hazardous work currently prohibited for young persons under 18 years of age are specified in sections 6, 10 and 11 of Order No. 006 of 1986. It hopes that, while preparing the new Labour Code, the list of types of hazardous work will be re-examined to take into account advancing scientific and technological knowledge, as suggested in Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146).

Article 3, paragraph 3. Admission to hazardous work as of the age of 16 years. The Committee notes that, under the terms of section 7 of Order No. 006 of 1986, young workers over 16 years of age may be engaged in the following types of work: propulsion by means of pedals, wheels, pedal cranks or levers; operation of hand- or foot-operated jigs and jigging tables (subsection 1); operation and feeding of circular saws, bandsaws or gang saws; operation of shears, shearing machines and grinding machines (subsection 2); and construction work (subsection 3). The Committee notes that no special conditions are provided to protect the health, safety and morals of young persons carrying out hazardous work. The only protection measure is contained in section 9 of Order No. 006 of 1986, which provides that the labour inspector may require any young worker to undergo a medical examination to determine whether the work on which she or he is employed exceeds her or his strength. The Committee reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, young persons over 16 years of age may be authorized to undertake hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with the Convention.

Article 6. 1. Apprenticeship. The Committee notes the Government’s statements that the national legislation makes no provision for the derogations envisaged in Article 6 of the Convention and that, in practice, these are not considered to be child labour. It notes however that section 125 of the Labour Code prohibits the employment of children under 14 years of age, even as apprentices. Furthermore, apprenticeships are regulated separately by Chapter II of the Labour Code. The Committee requests the Government to provide the decree adopted after consultation with the Labour Advisory Board (a tripartite commission in accordance with section 161(2) of the Labour Code) as envisaged in section 59 of the Labour Code to establish the basic conditions and effects of apprenticeship contracts, which are not specified in the Labour Code.

2. Vocational training. The Committee notes the absence of information in the Government’s report on the rules applicable to vocational training in the Central African Republic. It requests the Government to provide information on this subject in its next report.

Article 9, paragraph 1. Sanctions. The Committee notes that, according to the Government’s statements, infringements of child labour provisions are punished under section 222 of the Labour Code. The Committee notes however that sections 225, 226, 228(f) and 230 of the Code also set out sanctions for violations of child labour regulations. Furthermore, the Committee notes that section 225(b) provides that penalties shall not be incurred where the infringements of section 125 of the Labour Code are the result of a mistake in the age of the young person made when establishing the workbook. Noting the absence of any reference to these provisions in the Government’s report, the Committee requests it to indicate whether they are applied in practice. It also requests the Government to give an indication of how often use is made of section 225(b) respecting the exemption from penalties in the event of a mistake relating to the age of the young person made when establishing the workbook.

Article 9, paragraph 3. The employer’s register. The Committee notes that by virtue of section 171 of the Labour Code an employer’s register, a model of which shall be determined by order of the minister responsible for labour, shall be kept available for the labour inspector. This register contains, among other data, personal information about the employee and her or his employment contract. The Committee notes however that by virtue of the last subsection of section 171 of the Labour Code, certain enterprises may, by order of the minister responsible for labour issued after consulting the Labour Advisory Commission, be exempted from the obligation to keep a register on account of their situation, small size or the nature of their activities. The Committee reminds the Government that Article 9, paragraph 3, of the Convention does not allow such exemptions. The Committee therefore requests the Government to specify the cases in which exemptions have been made under the last subsection of section 171 of the Labour Code.

Part V of the report form. The Committee notes that, according to UNICEF, 64 per cent of children between the ages of 5 and 14 years were working in 2000. Furthermore, it notes the information provided by the Government to the Committee on the Rights of the Child indicating that a study conducted in Bangui and in five other cities revealed that 2,629 children live and work in the street (CRC/C/3/11/Add.18 of 23 August 2000, reply to question 23, page 18). Noting this information, the Committee requests the Government to indicate the measures taken or envisaged to progressively bring the national practice into line with its legislation. It also asks the Government to provide information and statistical data on the employment of children and young persons, extracts from reports of inspection services and details on the number and nature of violations reported and the sanctions imposed. The Committee notes in particular the Government’s statement to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000) that a statistical survey confirmed the existence of child labour in the Central African Republic. The Committee requests the Government to provide a copy of this survey.