Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (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.