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Minimum Age Convention, 1973 (No. 138) - Côte d'Ivoire (Ratification: 2003)

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Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted with concern the high number of children under the minimum age for admission to work of 14 years that were engaged in work, particularly under hazardous conditions (1,424,996 children aged from 5 to 17 years were engaged in types of work that are to be abolished, of which 539,177 were victims of hazardous types of work). While noting the National Plan of Action to Combat the Worst Forms of Child Labour 2015–2017 (PAN-PFTE 2015–2017), the Committee requested the Government to intensify its efforts and to take the necessary measures for the progressive elimination of child labour, particularly in rural areas.

The Committee notes the detailed information provided by the Government in its report concerning the review of the implementation of the PAN-PFTE 2015–2017. The Government indicates that considerable progress has been observed, both in terms of preventing the phenomenon and in the protection of victims, strengthening of the legal framework, prevention and monitoring. For example, grass-roots awareness campaigns, through visits to the rural communities, have made it possible to cover more than 2 million people. These awareness-raising and communication campaigns have informed the populations of the prohibition and abolition by law of child labour. As a result, parents are now able to distinguish between hazardous work prohibited for children and light work authorized for young persons. Moreover, 1,574 labour inspections were conducted by the General Labour Directorate (DGT) to monitor compliance with labour regulations and combat child labour. The Government also indicates that two child labour monitoring mechanisms are now functioning in Côte d’Ivoire, of which the observation and monitoring system for child labour in Côte d’Ivoire (SOSTECI), was launched by the Ministry of Employment and Social Protection. This mechanism makes it possible not only to identify and refer victims or children at risk of child labour, but also establishes a national database on the phenomenon.

The Committee notes with interest that a third National Plan of Action, the PAN-PFTE 2019–2021, was launched on 25 June 2019. It aims at contributing to the vision of a Côte d’Ivoire “free from child labour by 2025” by taking the protection of children aged between 5 and 17 years from types of work that are to be abolished as its strategic result. To that end, action has been structured around three poles: (i) access for children to basic social services; (ii) reduction of the socioeconomic vulnerability of families and communities; and (iii) the institutional, legal and programmatic framework to combat child labour. While noting the measures taken, the Committee requests the Government to pursue its efforts to ensure the progressive elimination of child labour in the country. It also requests the Government to provide information on the measures adopted in this regard, including concrete measures taken under the PAN-PFTE 2019-2021, and on the results obtained. Finally, the Committee requests the Government to continue to provide information on the application of the Convention in practice – in particular the information collected by the SOSTECI – for example, by providing statistical data related to the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when it ratified the Convention, and extracts from the reports of the inspection services.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that education is neither compulsory nor free in Côte d’Ivoire. It also noted that a bill is being drawn up to make schooling compulsory until the age of 16 years. Noting the large number of children of the age to be in primary school or the first cycle of secondary education that do not attend school (nearly 1.7 million), the Committee requested the Government to take immediate measures to ensure that the legislation introducing compulsory schooling for children aged between 6 and 16 years is introduced as soon as possible.

The Committee notes with satisfaction that section 2-1 of Act No. 2015-635 amending the Act of 7 September 1995 concerning education, adopted on 17 September 2015, makes school attendance for children aged between 6 and 16 years compulsory. The Committee notes further that the Government indicates in its report that, for effective application of a law introducing compulsory schooling, the State has committed to the construction of schools, school canteens, and decent housing for teachers every year, throughout the national territory, in order to enable all children, wherever they may be, to have access to free basic education of quality. The Government also announces the adoption of a decree promoting schooling for children, in particular for girls, in both urban and rural areas. This is Decree No. 2020-997 of 30 December 2020, amending Decree No. 2012-488 of 7 June 2012 on the attributions, organization and operation of the management committees of public educational establishments (COGES) which, in its new section 3(9) strengthens the mandate of the COGES, by making them responsible for “contributing to the schooling of children, in particular of girls, in both urban and rural areas”.

Articles 6 and 7. Apprenticeship and light work. In its previous comments, the Committee noted a divergence within the legislation of Côte d’Ivoire. Section 23(8) of the new Labour Code (Act No. 2015-532 of 2015) sets the age of apprenticeship at 14 years, while under section 3 of Decree No 96-204 of 7 March 1996 on night work (Decree No. 96-204 of 1996) children under 14 years of age may be admitted to apprenticeship or pre-vocational training provided they are not engaged in work during the period defined as night work or, more generally, during the period of 15 consecutive hours between 5 p.m. and 8 a.m. In this regard, the Committee noted the Government’s indication that a draft text to revise Decree No. 96-204 of 1996 is under preparation. The Committee expressed the hope that, in the context of this revision, the Government would take the necessary measures to bring the said Decree into conformity with Article 6 of the Convention and set the minimum age for entry into apprenticeship at 14 years throughout all the legislation of Côte d’Ivoire.

The Committee takes note of the Government’s indication that the revision of Decree No. 96-204 of 7 March 1996 on night work is not yet complete and that it will keep the Committee informed of the adoption of the new text. Recalling that under Article 6 of the Convention, the age of admission to work as part of an apprenticeship programme is 14 years, the Committee again hopes that the Government will take the necessary measures to bring Decree No. 96-204 of 1996 into conformity with the Convention and thus fix the age of entry to apprenticeship at 14 years. It requests the Government to provide information in this regard in its next report.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the report of the International Trade Union Confederation (ITUC) for the World Trade Organization General Council Review of the Trade Policies of Côte d’Ivoire, Guinea-Bissau and Togo (2012), around 40 per cent of children between the ages of 5 and 14 years are engaged in work and nearly one quarter of children in Côte d’Ivoire combine work and school. Children in rural areas mainly work on family farms, in plantations, in small-scale gold mines, in commerce or in domestic service. The Committee also noted the adoption of the National Plan of Action to Combat the Trafficking and Exploitation of Children and Child Labour 2012–14 (NPA).

The Committee notes the Government’s reference in its report to the National Plan of Action to Combat the Worst Forms of Child Labour 2015–17 (PAN-PFTE 2015–17). The Committee notes that the PAN-PFTE 2015–17 refers to the most recent study on child labour in Côte d’Ivoire (ENSETE 2014). According to the study, over one-in-four children aged between 5 and 17 years is economically active, for an average of 35 hours of work, with an additional 12 hours a week of household work. Of these children, 1,424,996 are engaged in types of work that are to be abolished, or one-in-five children between the ages of 5 and 17 years (20.1 per cent), with a total of 1,082,929 children aged 5–13 years. Of these children, 539,177 are subject to hazardous types of work. The hazards are related mainly to the total working time (77 per cent), with 22 per cent of these children working at night, 18.9 per cent in hazardous occupations and 3.6 per cent in a hazardous branch of activity. Girls are most affected, both in urban and rural areas, and are principally engaged in a family context (66.5 per cent of these children are family helpers and 9 per cent are waged). According to the study, child labour is concentrated primarily in agriculture (49.1 per cent), followed by services (38.5 per cent) and finally industry (12.4 per cent). The Committee notes with concern that a high number of children are engaged in work under the minimum age for admission to work of 14 years, including under hazardous conditions. The Committee requests the Government to intensify its efforts and to take the necessary measures for the progressive elimination of child labour, particularly in rural areas. It requests the Government to provide information on the results achieved in terms of the elimination of child labour within the framework of the National Plan of Action to Combat the Worst Forms of Child Labour 2015–17. Finally, the Committee requests the Government to continue providing information on the application of the Convention in practice, including statistical data on the nature, scope and trends of work by children and young persons under the minimum age specified by the Government when it ratified the Convention, and extracts from the reports of the inspection services.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, according to the ITUC’s report, education is neither compulsory nor free in Côte d’Ivoire. It also noted that, according to the Government, a bill is being drawn up to make schooling compulsory until the age of 16 years.

The Committee notes the absence of information on this point in the Government’s report. However, it notes that, according to the most recent analysis of the “situation of children in Côte d’Ivoire” (SITAN, 2014), nearly 1.7 million children of the age to be in primary school or the first cycle of secondary education do not attend school. Moreover, the greatest number of children aged 6–11 years outside the school system are concentrated in the northern, north-western and south-western regions, where at least 40 per cent of children of that age do not attend primary or secondary school. The Committee also notes that the PAN-PFTE 2015–17 envisages as a prevention measure the strengthening of the legislative framework to combat the worst forms of child labour through the adoption of a law on compulsory schooling for all children between the ages of 6 and 16 years. The Committee recalls once again that compulsory schooling is one of the most effective means of combating child labour and that it is necessary to link the age of admission to employment and the age at which compulsory schooling ends. In this regard, the Committee requests the Government to take immediate measures to ensure that the legislation introducing compulsory schooling for children between the ages of 6 and 16 years is adopted as soon as possible and to provide a copy with its next report. It requests the Government to intensify its efforts to combat child labour by strengthening the measures intended to increase attendance at both primary and secondary school.

Articles 6 and 7. Apprenticeship and light work. In its previous comments, the Committee noted that, under the terms of section 23(8) of the Labour Code, children may not be employed in an enterprise, even as apprentices, under the age of 14 years, unless an exemption is provided for by regulation. In contrast, it noted that, under section 3 of Decree No. 96-204 of 7 March 1996 on night work, children under 14 years of age engaged in an apprenticeship or pre vocational training may not under any circumstances be engaged in work during the period defined as night work or, more generally, during the period of 15 consecutive hours between 5 p.m. and 8 a.m. The Committee requested the Government to take the necessary measures to bring the Labour Code and Decree No. 96-204 of 7 March 1996 into conformity with the Convention and to set the minimum age for entry into apprenticeship at 14 years, for example in the context of the revision of the Labour Code. The Committee notes with satisfaction that section 23(2) of the new Labour Code (Act No. 2015 532 of 2015) establishes the age of entry into apprenticeship at 14 years. The Committee also notes that, with regard to bringing section 3 of Decree No. 96-204 of 7 March 1996 on night work into conformity with Article 6 of the Convention, the Government indicates that a draft text to revise the Decree is currently under preparation for this purpose. The Committee also notes the adoption in June 2017 of Order No. 2017-016 setting out the list of light work authorized for children between the ages of 13 and 16 years. The Committee hopes that, in the context of the revision of Decree No. 96-204 of 7 March 1996 on night work, the Government will take the necessary measures to bring it into conformity with the Convention and will accordingly set the minimum age for entry into apprenticeship at 14 years. The Committee requests the Government to provide information in this regard.

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the observation from the International Trade Union Confederation (ITUC) in its report for the World Trade Organization (WTO) General Council review of the trade policies of Côte d’Ivoire, dated 2 and 4 July 2012, that education is neither compulsory nor free in Côte d’Ivoire. Furthermore, according to the ITUC report, only 59 per cent of boys and 51 per cent of girls are in primary education, and only 32 per cent of boys and 22 per cent of girls attend secondary school.

The Committee notes the Government’s indication that a bill is being drawn up to make schooling compulsory until the age of 16 years. The Committee considers that compulsory schooling is one of the most effective means of combating child labour, and that it is important to stress the need to link the age for admission to employment to the age of completion of compulsory schooling. The Committee therefore requests the Government to take immediate steps to ensure that the law introducing compulsory schooling is adopted as soon as possible and to send a copy of it with its next report. It encourages the Government to continue taking effective measures to improve the operation of the education system, particularly by increasing the school attendance rate at both primary and secondary levels.

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

Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that child labour persists in Côte d’Ivoire. In this regard, the Committee notes that the latest statistics on child labour, contained in the household standard of living survey conducted in 2008 (ENV 2008), show that 1,570,102 children work in the agriculture sector and 517,520 children work in the service sector. The Committee also notes that, according to the report of the International Trade Union Confederation for the World Trade Organization General Council Review of the Trade Policies of Côte d’Ivoire, Guinea-Bissau and Togo (Geneva, 2 and 4 July 2012), some 40 per cent of children between 5 and 14 years of age are working and nearly a quarter of all children in Côte d’Ivoire combine work and school. Children in rural areas mainly work on family farms, on plantations, in small-scale gold mines, in commerce or in domestic service.

The Committee notes the adoption of the National Plan of Action 2012–14 against the trafficking and exploitation of children and child labour (NPA). The NPA focuses on four strategic areas, namely: prevention; child protection; prosecution and punishment of offenders; and monitoring and evaluation of activities. It also notes the information sent by the Government concerning activities implemented as part of the NPA, including awareness campaigns and capacity building for all parties involved in combating child labour. However, the Committee notes with concern the large number of children who are working in Côte d’Ivoire. The Committee therefore urges the Government to intensify its efforts to improve the situation regarding child labour in the country, particularly in the agriculture sector and the informal economy. It requests the Government to provide information on the measures to be taken at the end of the scheduled implementation period for the NPA, namely after 2014. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistical data disaggregated by sex and by age relating to the nature, scope and trends in the labour of children and young persons working below the minimum age specified by the Government at the time of ratification, and also extracts from the reports of inspection services.

Article 6. Apprenticeships. The Committee previously noted that section 23.8 of the Labour Code prohibits children from being employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by regulations. Furthermore, it noted that, under section 3 of Decree No. 96 204 of 7 March 1996 concerning night work, children under 14 years of age engaged in an apprenticeship or in pre-vocational training may not undertake work under any circumstances during the limitation period for night work or in general during the period of 15 consecutive hours from 5 p.m. to 8 a.m.

The Committee notes the Government’s indication that the Committee’s comments will be taken into account in the context of the reform of the Labour Code. Recalling once again that, under Article 6 of the Convention, the minimum age for admission to work in enterprises in the context of an apprenticeship programme is 14 years, the Committee requests the Government to take the necessary measures to harmonize the Labour Code and Decree No. 96-204 of 7 March 1996 with the Convention and to establish a minimum age of 14 years for embarking on an apprenticeship, particularly in the context of the reform of the Labour Code.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that several measures had been adopted by the Government to abolish child labour, including the setting up of focal points to combat child labour, a national coordination unit for child protection and local watchdog committees to involve the village authorities in the fight against child labour and the trafficking of children. The Committee further noted that a national action plan against child labour had been drawn up and was due to be implemented. It requested the Government to provide information on its implementation, as well as the results achieved.

The Committee notes the information provided by the Government that a national action plan against the trafficking of children and the worst forms of child labour covering the period 2007–09 was adopted in 2007. The national action plan aims to reduce and ultimately eradicate the trafficking of children and other worst forms of child labour in Côte d’Ivoire. It comprises five strategic areas of intervention which aim to strengthen prevention activities and the removal, reintegration or repatriation of child victims of trafficking and other worst forms of child labour and build the human, material and structural capacities of those involved in the implementation of the plan. However, the Committee notes the Government’s indication that very few actions directly related to the national action plan have been carried out to date due to financial constraints. The Government also indicates that the activities currently being carried out form part of local projects and do not come under the national programme. Furthermore, the majority of actions implemented to tackle child trafficking and child labour are focused on the cocoa sector, such as the establishment of a system for the monitoring of child labour on cocoa plantations (SSTE), which covers several administrative departments in the cocoa production area. Finally, the Committee notes that, according to the national action plan strategic document, phase I of the plan, which was to last 18 months initially, has still not been completed and that the schedule for the planned measures has not been respected. The Committee urges the Government to take the necessary measures to ensure the effective implementation of the national action plan. It requests the Government to continue providing information on its implementation, indicating the action undertaken and the results achieved, particularly with regard to the number of children working in the cocoa sector who have benefited from the removal and reintegration measures.

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

Article 2(1) and (4) of the Convention. Scope of application. The Committee previously noted that, under section 23(8) of Act No. 95/15 of 12 January 1995 (Labour Code), children may not be employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by means of regulations. It noted that, under this provision, the minimum age for admission to employment or work applies only to an employment relationship and that consequently no minimum age for admission to employment or work is laid down for children who perform an economic activity outside this employment context, especially in the informal sector or on a self-employed basis.

The Committee notes the Government’s indication that the letter and spirit of the Labour Code applies to any type of employment relationship, including the informal sector. It also notes the information provided by the Government under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Labour Code extends to professional relationships, whether remunerated or not, and that the employment contract does not need to be in written form. However, it notes that the Government recognizes that self-employed persons do not benefit from this protection, but that numerous provisions of the bill prohibiting the trafficking of children and the worst forms of child labour ensure the protection of children working on a self-employed basis.

While noting the adoption of Act No. 2010-272 of 30 September 2010 prohibiting the trafficking of children and the worst forms of child labour, the Committee observes that this Act aims to prohibit and combat the worst forms of child labour defined in accordance with Article 3 of Convention No. 182, and does not therefore cover all categories of work and employment. The Committee therefore requests the Government to provide information on the measures taken in practice to ensure that children working on a self-employed basis are afforded the protection provided for by the Labour Code.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, according to UNICEF statistics for
2000–06, the net school attendance rate at primary level was 57 per cent for girls and 66 per cent for boys, while at secondary level, it was 22 per cent for girls and 32 per cent for boys. The Committee further noted that, according to the 2008 Education for All: Global Monitoring Report published by UNESCO entitled “Education for All by 2015: Will we make it?”, Côte d’Ivoire is one of four countries which are at serious risk of not achieving the objective of universal primary education for all by 2015 and the country is unlikely to achieve gender parity in primary and secondary education.

The Committee notes the measures taken by the Government to improve the functioning of the education system and increase the school attendance rate, at both primary and secondary levels. These measures include the lifting of restrictions relating to the wearing of school uniforms, the distribution of free school textbooks in public schools and establishments, free access to preparatory classes and reduced registration fees in secondary schools, as well as the introduction and improvement of school canteens in order to provide cheaper catering for pupils. The Committee also notes the information provided by the Government concerning the implementation of an awareness-raising policy designed to increase the school attendance rate of girls in urban and rural environments, in partnership with UNICEF and local non-governmental organizations.

The Committee takes due note of these measures designed to increase the school attendance rate. However, it notes that, according to UNICEF statistics for
2003–08, the net school attendance rate at primary level has not increased. It also notes that, although section 1 of Act No. 95-696 of 7 September 1995 concerning education (the Education Act) provides that all citizens are guaranteed the right to education, no provision guarantees the compulsory nature of schooling or lays down the age of completion of compulsory schooling. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to adopt legislation introducing compulsory schooling and establishing the age of completion of compulsory schooling so as to prevent children from engaging in work. It encourages the Government to continue taking effective measures to improve the functioning of the education system, in particular by increasing the school attendance rate at both primary and secondary levels, paying particular attention to gender disparities in access to education. Furthermore, it once again requests the Government to intensify its efforts to combat child labour by strengthening measures enabling working children to enter the formal or informal school system or take up vocational training, providing that minimum age criteria are respected.

Article 6. Apprenticeships. The Committee previously noted that sections 12.2–12.11 of the Labour Code govern apprenticeships. It also noted that section 23.8 of the Code prohibits children from being employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by regulations. Furthermore, it noted that, under section 3 of Decree
No. 96-204 of 7 March 1996 concerning night work, children under 14 years of age engaged in an apprenticeship or in pre-vocational training may not undertake work under any circumstances during the limitation period for night work or in general during the period of 15 consecutive hours from 5 p.m. to 8 a.m. The Committee requested the Government to indicate whether exemptions provided for by section 23.8 of the Labour Code have been adopted by regulation allowing children under 14 years of age to embark on an apprenticeship.

The Committee notes the information provided by the Government that the texts implementing section 23.8 of the Labour Code have not yet been enacted to allow children under 14 years of age to embark on an apprenticeship and that an exemption to that effect will probably be envisaged in the context of the reform of the Labour Code. Recalling once again that, under Article 6 of the Convention, the age for admission to work in enterprises in the context of an apprenticeship programme is 14 years, the Committee urges the Government to take the necessary measures to harmonize the Labour Code and Decree No. 96-204 of 7 March 1996 with the Convention and to establish a minimum age of 14 years for embarking on an apprenticeship.

Article 9(1). Penalties. In its previous comments, the Committee noted that Order No. 2250 of 14 March 2005 establishing the list of hazardous types of work prohibited to children under 18 years of age does not provide for any penalty for violations of section 1. The Committee also noted that a bill prohibiting the trafficking of children and hazardous child labour was being drawn up.

The Committee notes with satisfaction that, under section 19 of Act No. 2010-272 of 30 September 2010, anyone who has a child in their care or supervises a child if they are in charge of the child’s education or his or her intellectual or professional development, who knowingly forces or allows that child to carry out hazardous work, shall be liable to a prison sentence of between one and five years. Furthermore, section 6 provides that hazardous work shall mean work included on the list established by Ministry of Labour Order No. 2250 of 14 March 2005.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to a national survey on child labour undertaken in 2005, children are mainly employed in agriculture (cereal, coffee, or cocoa crops), commercial activities and industry. According to this study, 19 per cent of children are involved in harmful activities. Moreover, 83 per cent of economically active children engage in harmful activities and 17 per cent in hazardous types of work. Furthermore, one in five children involved in harmful activities is engaged in a hazardous type of work.

The Committee notes the Government’s indication that a new national survey was undertaken in 2008. However, the results of that survey have not yet been validated and have therefore not been provided. The Committee also notes the information provided by the Government that, according to the household standard of living survey carried out in 2008 (ENV 2008), 71.6 per cent of economically active children are employed in agriculture and 97.1 per cent are engaged in activities harmful to their health. Furthermore, the Committee notes that, according to the national child labour survey carried out in 2005, the majority of children forced to carry out harmful activities are under 15 years of age. Thus, 89.7 per cent of children engaged in harmful activities are under 15 years of age. Furthermore, the survey shows that more children are involved in these types of activities in rural areas compared to urban areas and that 328,000 children were affected in 2005. It also notes that, according to UNICEF statistics for 1999–2008, 35 per cent of children aged between 5–14 years in the country are working. While noting the adoption of new legislative provisions prohibiting and punishing the performance of hazardous work by children under 18 years of age, the Committee observes that many children under the minimum age for admission to employment are engaged in harmful activities and hazardous work and therefore requests the Government to redouble its efforts to improve the child labour situation in the country, particularly the situation of children working in cocoa production and hazardous types of work. Furthermore, it requests it to provide the results of the 2008 national survey as soon as they have been validated. Finally, the Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics disaggregated by gender and age concerning the nature, extent and trends of the work of children and young persons working below the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 1 of the Convention. National policy. The Committee previously noted that the Government adopted a number of measures to abolish child labour, including the setting up of focal points to combat child labour, a national coordination unit for child protection, and local watchdog committees to involve the village authorities in the fight against child labour and the trafficking of children. The Committee further noted that a national action plan against child labour had been drawn up and was due to be implemented. Noting the lack of information in the Government’s report, the Committee requests once again the Government to supply a copy of the national action plan against child labour and to send information on its implementation, with particular reference to programmes of action taken in the context of the plan and, if applicable, the results achieved in terms of the gradual abolition of child labour.

Article 2, paragraphs 1 and 4. Scope of application. The Committee noted that section 23.8 of Act No. 95/15 of 12 January 1995 (Labour Code) states that children may not be employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by means of regulations. It noted that, under this provision, the minimum age for admission to employment or work applies only to an employment relationship and that consequently no minimum age for admission to employment or work is laid down for children who perform an economic activity outside this employment context, especially in the informal sector or on a self-employed basis. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee notes that the Government has not supplied any information in its report. The Committee therefore requests the Government to supply information on the manner in which children who are not bound by an employment relationship, such as those who work in the informal sector or on a self-employed basis, enjoy the protection laid down by the Convention. In this regard, it requests the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services in such a way as to ensure this protection.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments the Committee noted that, according to UNICEF statistics for 2000–06, the net school attendance rate at primary level was 57 per cent for girls and 66 per cent for boys, while at secondary level it was 22 per cent for girls and 32 per cent for boys. The Committee further noted that, according to the 2008 Education for all global monitoring report published by UNESCO entitled “Education for all by 2015: Will we make it?”, Côte d’Ivoire is one of four countries which are at serious risk of not achieving the objective of universal primary education for all by 2015. Furthermore, the report mentions that the country is unlikely to achieve gender parity in primary and secondary education by 2015. The Committee notes that the Government has not supplied any information in its report. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests once again the Government to take the necessary measures to improve the functioning of the education system in the country. In this regard, it once again requests the Government to supply information on the measures taken to increase the school attendance rate, at both primary and secondary levels, paying particular attention to gender disparities in access to education. The Committee also requests once again the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal school system or take up vocational training, provided that minimum age criteria are respected. Finally, it again requests the Government to supply a copy of Education Act No. 95-696 of 7 September 1995.

Article 6. Apprenticeships. The Committee previously noted that sections 12.2–12.11 of the Labour Code govern apprenticeships. It also noted that section 23.8 of the Code prohibits children from being employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by regulation. Furthermore, section 3 of Decree No. 96-204 of 7 March 1996 relating to night work states that children under 14 years of age engaged in an apprenticeship or in pre-vocational training may not undertake work under any circumstances during the limitation period for night work or in general during the period of 15 consecutive hours from 5 p.m. to 8 a.m. The Committee reminded the Government that, under Article 6 of the Convention, the age for admission to work in enterprises in the context of an apprenticeship programme is 14 years. The Government does not supply any information on this matter in its report. The Committee therefore requests once again the Government to indicate whether exemptions provided for by section 23.8 of the Labour Code have been adopted by regulation and whether children under 14 years of age may embark on an apprenticeship.

Article 9, paragraph 1. Penalties. The Committee previously noted that Order No. 2250 of 14 March 2005 establishing the list of hazardous types of work prohibited to children under 18 years of age does not provide for any penalty for violations of section 1. The Government indicated that a draft Act prohibiting the trafficking of children and hazardous child labour is being drawn up. Noting the lack of information in the Government’s report, the Committee expresses the firm hope that the draft Act prohibiting the trafficking of children and hazardous child labour will be adopted as soon as possible and will contain provisions penalizing any violation of the ban on the employment of young persons under 18 years of age in work prohibited by Order No. 2250 of 14 March 2005. It requests the Government to supply information on any new developments.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s statement in its report relating to Convention No. 182 that, according to a national survey of child labour undertaken in 2005, children are mainly employed in agriculture (cereal, coffee or cocoa crops). Commercial and industrial activities are involved to a lesser degree. According to this study, 19 per cent of children are involved in harmful activities. Moreover, 83 per cent of economically active children engage in harmful activities and 17 per cent in hazardous types of work. One in five children involved in harmful activities is engaged in a hazardous type of work. The Committee expresses its concern at the abovementioned situation and requests the Government to provide information on the measures taken with a view to eliminating child labour. It further requests the Government to continue to supply information on the application of the Convention in practice, including, for example, statistical data disaggregated by sex and age concerning the nature, extent and trends of the work of children and young persons working below the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services.

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

The Committee notes the Government’s first report and draws its attention to the following points.

Article 1 of the Convention. National policy. The Committee notes that the Government has adopted several measures in order to abolish child labour. It notes in particular the setting up of focal points to combat child labour, a national coordination unit for child protection, and also local watchdog committees to involve the village authorities in the fight against trafficking of children and child labour. Furthermore, the Government has participated in a number of ILO/IPEC action programmes, particularly the ILO/IPEC subregional project combating the trafficking of children in West and Central Africa (LUTRENA). The Committee also notes that a national action plan against child labour has been drawn up and will be implemented. It therefore requests the Government to supply information on the implementation of the national action plan against child labour, indicating in particular whether action programmes have been adopted and, if so, the results obtain in terms of the progressive abolition of child labour. The Committee also requests the Government to supply a copy of the national plan.

Article 2, paragraphs 1 and 4. Scope of application. The Committee notes that the minimum age for admission to employment specified at the time of ratification of the Convention is 14 years. In this regard, it notes the information supplied by the Government to the effect that this age was specified with the agreement of the social partners, inasmuch as the economy and educational institutions are not sufficiently developed in the country. The Committee also notes that, under section 23.8 of Act No. 95/15 of 12 January 1995 (hereinafter “1995 Labour Code”), children may not be employed in an enterprise even as apprentices before the age of 14 years, without an exemption issued by regulation. The Committee notes that, under this provision, the minimum age for admission to employment or work applies only to an employment relationship and that consequently no minimum age for admission to employment or work is laid down for children who perform an economic activity outside this employment context, particularly in the informal sector or on a self-employed basis. It reminds the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee requests the Government to supply information on the way in which children who are not bound by an employment relationship, such as those who work on their own account or in the informal sector, enjoy the protection laid down by the Convention. In this regard, it requests the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services in such a way as to ensure this protection.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that the Government, in its initial report to the Committee on the Rights of the Child in 2000 (CRC/C/8/Add.41, paragraphs 81 and 172), indicates that section 1 of Act No. 95-696 of 7 September 1995 concerning education states all citizens are guaranteed the right to education to enable them to acquire knowledge, develop their personality, raise their standard of living and training, become integrated in social, cultural and occupational life, and exercise their citizenship. The Government also indicates that, although education for all has been a priority for a long time, no age for the completion of compulsory schooling has been fixed. The result is that many children end up on the street without having finished their primary schooling.

The Committee notes that, according to UNICEF statistics for 2000–06, the net school attendance rate at primary level is 57 per cent for girls and 66 per cent for boys, while at secondary level it is 22 per cent for girls and 32 per cent for boys. The Committee also notes that, according to the 2008 Education for All Global Monitoring Report published by UNESCO entitled Education for All by 2015: Will we make it?, Côte d’Ivoire is one of four countries which are at serious risk of not achieving the objective of universal primary education for all by 2015. Furthermore, the report mentions that the country will probably not achieve parity between the sexes in primary and secondary education by 2015. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the measures taken to increase the school attendance rate, at both primary and secondary levels, by giving particular attention to gender disparities in access to education. The Committee also requests the Government to step up its efforts to combat child labour, by strengthening measures enabling child workers to enter the formal or informal school system or take up vocational training, provided that minimum age criteria are respected. Finally, it requests the Government to supply a copy of Education Act No. 95-696 of 7 September 1995.

Article 3, paragraphs 1 and 2. Hazardous work and determination of these types of work. The Committee notes that section 1 of Order No. 2250 of 14 March 2005 concerning the list of hazardous work prohibited to children under 18 years of age (hereinafter “Order No. 2250 of 14 March 2005”) contains a list of more than 20 types of job or work which, by their nature or the conditions in which they are performed, are bound to jeopardize the health, safety or morals of young people, and the performance of which is prohibited to children under 18 years of age. These types of work are in agriculture and forestry, mining, trade, the urban domestic sector, craft work and transport. Furthermore, under section 2 of Order No. 2250 of 14 March 2005, the list of hazardous work will be revised each year, if necessary. The Committee also notes the information supplied by the Government in its first report on Convention No. 182 to the effect that when this list of types of hazardous work was drawn up, the various ministries responsible for agriculture, forestry, mining, trade and services, transport and craft work were consulted. Moreover, the drawing up of the list contained in Order No. 2250 of 14 March 2005 gave rise to the holding of two workshops in which the employers’ organization (National Employers’ Council of Côte d’Ivoire) and the workers’ organizations (DIGNITE, FESACI and UGTCI) took part.

Article 6. Vocational training and apprenticeships. The Committee notes that section 12.1 of the 1995 Labour Code provides that vocational training for workers is organized under conditions provided for by decree. It also notes that sections 12.2 to 12.11 of the Code regulate apprenticeships. Furthermore, Decree No. 96-285 of 3 April 1996 concerning vocational training and Decree No. 96-286 of 3 April 1996 concerning apprenticeships contain provisions concerning the implementation, management and orientation of vocational training and apprenticeship programmes. The Committee also notes that, under section 23.8 of the 1995 Labour Code, children may not be employed in an enterprise, even as apprentices, before the age of 14, unless exceptionally provided for by regulation. It also notes that, under section 3 of Decree No. 96-204 of 7 March 1996 concerning night work, children under 14 years of age engaged in an apprenticeship or in a pre-vocational training may not undertake work under any circumstances during the limitation period for night work or in general during the period of 15 consecutive hours from 5 p.m. to 8 a.m. The Committee requests the Government to indicate whether exceptions provided for by section 23.8 of the 1995 Labour Code have been adopted by regulation. Recalling that, under Article 6 of the Convention, the age of admission to work in enterprises in the context of an apprenticeship programme is 14 years, the Committee requests the Government to indicate whether children under 14 years of age may engage in an apprenticeship.

Article 7. Light work. The Committee notes that section 3D 356 of Decree No. 67-265 of 2 June 1967 states that, under set conditions, exceptions are made to the provisions relating to the minimum age for admission to employment or work with respect to children of either sex of at least 12 years of age for domestic work or light work of a seasonal nature, such as harvesting or sorting work in plantations. It also notes that sections 3D 357 to 3D 361 of Decree No. 67-265 of 2 June 1967 lay down the conditions regulating the exception provided for in section 3D 356. Hence, under section 3D 357 of Decree No. 67-265 of 2 June 1967, no exception may be allowed which would be likely to jeopardize the provisions in force concerning compulsory schooling. Under section 3D 358, no child between 12 and 14 years of age may be employed without the express permission of his or her parents or guardian. Furthermore, section 3D 359(1) of the Decree states that individual permission given to children attending school shall not result in the duration of work referred to in the first article of the present chapter exceeding two hours per day, both on school days and during the holidays, or in the number of hours per day devoted to school and work exceeding seven hours. Under section 3D 359(2), subject to observation of the provisions of section 3D 357(1), the employment of children between 12 and 14 years of age may not exceed four-and-a-half hours per day. Section 3D 359(3) provides that, in all cases of employment of children between 12 and 14 years of age, work is prohibited on Sundays and public holidays. The same kinds of work are also prohibited at night at least for the period of 12 consecutive hours between 8 p.m. and 8 a.m.

Article 8. Artistic performances. The Committee notes that section 3D-346 of Decree No. 67-265 of 2 June 1967 provides that it is prohibited to employ children under 16 years of age in public performances given in theatres, cinemas, cafes, concert halls or circuses, or for the performance of dangerous feats or contortionist exercises.

Article 9, paragraph 1. Penalties. The Committee notes that Order No. 2250 of 14 March 2005 concerning the list of hazardous types of work prohibited to children under 18 years of age does not lay down any penalty for violations of section 1. In this regard, it notes the Government’s indication to the effect that a draft Act prohibiting the trafficking of children and hazardous child labour is being drawn up. The Committee expresses the hope that the draft Act prohibiting the trafficking of children and hazardous child labour will be adopted as soon as possible and will contain provisions penalizing any violation of the ban on the employment of children under 18 years of age in work prohibited by Order No. 2250 of 14 March 2005.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government, in its initial report to the Committee on the Rights of the Child in 2000 (CRC/C/8/Add.41, paragraphs 86 and 172), indicates that, in reality, lack of training, the failure to match training to jobs and the persistent economic crisis lead to high unemployment among young people, some of whom resort to the informal sector. The Government also indicates that the abdication of parental responsibility and inadequate action on the part of the public authorities lead to the exploitation of children in the labour sector. Some children under 14 years of age go to work with or without their parents’ consent. Furthermore, the Government indicates that the exploitation of child labour, owing to poverty, is on the increase in the cities and some rural areas. Child workers are found in manufacturing enterprises and also in services such as carpentry, catering, craft work, street trading, domestic work, engineering and mining. A study published by the NGO Defence for Children International (DCI) entitled “Child labour in the mines of Côte d’Ivoire, illustrated by the Tortiya and Issia mines” reveals that 1,150 children are working in the Issia gold mine and the Tortiya diamond mine. The Committee requests the Government to supply information on the application of the Convention in practice, including, for example, statistical data disaggregated by sex and age, concerning the nature, extent and trends of the work of children and young people working below the minimum age specified by the Government at the time of ratification, and extracts from the reports of inspection services.