Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la edad mínima, 1973 (núm. 138) - Gabón (Ratificación : 2010)

Otros comentarios sobre C138

Observación

Solicitud directa

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The Committee notes the Government’s first report.

Article 1 of the Convention and Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has not provided any information regarding the situation of child labour and that there appears to be a lack of statistical data in Gabon on this subject. The Committee notes that, according to the information provided by the Government under the Worst Forms of Child Labour Convention, 1999 (No. 182), Decree No. 0191/PR/MFAS establishing a Child Protection Indicators Matrix (MIPE) was adopted on 22 May 2012 with a view to creating an indicative measurement tool to help the Government follow trends in the problems related to the rights of children. This tool, which is one of the means used by the National Observatory of the Rights of the Child (ONDE), created by Decree No. 0252/PR/MFAS of 19 June 2012 determining the organization of the social assistance and family protection implementation scheme, is intended to ensure the availability on a permanent basis in Gabon of a database of precise statistics on child protection. The Committee requests the Government to take the necessary measures to ensure that sufficient data is made available on the situation of children engaged in work in Gabon, and particularly on the number of children and young persons who work under the minimum age for admission to work or employment, and the nature, extent and trends of such work. In this respect, the Committee requests the Government to provide information on the activities of the ONDE and on the statistics that it has gathered through the MIPE relating to children under 16 years of age engaged in work. To the extent possible, all statistics should be disaggregated by age and sex.

Article 2(1). Scope of application and minimum age for admission to employment or work. The Committee notes that, when ratifying the Convention, the Government specified that the minimum age for admission to employment or work is 16 years. It notes that under the terms of section 177 of the Labour Code of Gabon of 1994, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children may not be employed in any enterprise before the age of 16 years. The Committee also observes that, under the terms of section 1, the Labour Code only governs work relations between workers and employers, and between the latter or their representatives and apprentices and trainees placed under their authority. Furthermore, the Committee notes that section 2 of Decree No. 000031/PR/MTEFP of 8 January 2002 on measures to combat work by minors provides that, in accordance with section 177 of the Labour Code, children under 16 years of age may not be employed for the exploitation of their labour. It therefore appears that the Labour Code and the provisions respecting the minimum age for admission to employment or work do not apply to work performed outside a formal labour relationship, such as in the case of children working on their own account or those working in the informal economy. Moreover, the Committee notes the Government’s indication that children in Gabon do not generally work in the structured sector, but more often in the informal economy. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, irrespective of the existence of a contract and whether or not it is own-account work. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that all children under 16 years of age engaged in economic activities without an employment contract, and particularly own-account child workers and children working in the informal economy, benefit from the protection afforded by the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that, according to the report provided by the Government under Convention No. 182, Act No. 21/2011 determining the general policy for education, training and research was adopted in February 2012. The Government indicates that section 2 of the Act provides that school shall be free and compulsory for all children between the ages of 6 and 16 years, which corresponds to the minimum age for admission to employment or work.

The Committee notes that, according to the information contained in the report of the UNICEF West and Central Africa Regional Office submitted to the United Nations Economic and Social Council at its second regular session in September 2010 (E/ICEF/2010/P/L.17, paragraph 21), the net school enrolment rate increased from 82.4 per cent in 2004–05 to 96.5 per cent in 2007–08, with rates being almost identical for boys and girls. However, despite the improvement over recent years in terms of the increase in the net school enrolment rate and parity between the sexes in primary education, progress is undermined by high drop-out rates and a high percentage of children repeating classes; moreover, at 48 per cent, the secondary school enrolment rate remains low compared to that for primary school. The Committee observes that this means that a considerable number of children who have still not reached the minimum age for admission to employment do not attend school or have dropped out of school. The Committee therefore firmly encourages the Government to take measures to ensure that all children under 16 years of age attend school, in accordance with Act No. 21/2011 determining the general policy for education, training and research, so as to prevent them from being engaged in work, particularly on their own account and in the informal economy. The Committee requests the Government to provide information on the progress achieved in this respect and the results obtained.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and the determination of such types of work. The Committee notes that the new section 177 of the Labour Code, as amended by Ordinance No. 018/PR/2010 of 25 February 2010, provides that children under 18 years of age may not be employed in work considered to constitute the worst forms of child labour, and particularly work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. These include types of work which: expose them to physical, psychological or sexual abuse; involve work with dangerous machinery or tools; are performed underground, under water or at dangerous heights, or are performed in an unhealthy environment. The Committee notes that under the terms of this provision the list of types of work and the categories of enterprises prohibited for young persons, and the age limit to which this prohibition applies, shall be determined by decree issued by the Council of Ministers after consulting employers’ and workers’ organizations. The Committee notes that, according to the information provided by the Government under Convention No. 182, the list of hazardous types of work is determined by Decree No. 275 of 5 November 1962, but that this list of hazardous types of work is currently being reviewed. The Committee requests the Government to provide information on the progress achieved in the revision of the list of hazardous types of work prohibited for children under 18 years of age and to provide a copy of the new list once it has been adopted.

Article 6. Vocational training and apprenticeship. The Committee notes that, under the terms of section 88 of the Labour Code, a contract of apprenticeship is a contract by which the head of the establishment, a craftworker or an artisanal manufacturer, undertake to provide or to have provided a methodical and complete vocational training to another person and under which the latter undertakes in return to comply with the instructions received and perform the work entrusted to them with a view to their apprenticeship. The Committee notes that section 82 of the Labour Code provides that any person of at least 16 years of age may be apprenticed. However, exemptions may be granted by the Ministry of National Education for young persons aged between 14 and 16 years. The Committee observes that sections 81–97 determine the conditions for such apprenticeship, and the respective duties of masters and apprentices. The Committee also notes that sections 98–103 deal with vocational training, the objective of which is to provide a general theoretical and practical training with a view to acquiring a professional qualification certified by a diploma or a certificate issued or recognized by the minister responsible for vocational training (section 98). The Committee requests the Government to provide information on the apprenticeship and vocational training programmes in practice.

Article 7. Light work. The Committee notes that, under the terms of section 2 of Decree No. 0651/PR/MTEPS of 13 April 2011 to determine individual exemptions from the minimum age for admission to employment in the Republic of Gabon, individual exemptions from the minimum age for admission to employment may be granted for the performance of light work not likely to jeopardize the health, development or school attendance of the minor concerned, or their participation in vocational guidance and training programmes. Under section 3 of the Decree, the performance of light work shall be subject to the prior written agreement of the parental authority, as well as the opinion of the occupational doctor, and the weekly working time shall not exceed 15 hours.

The Committee however observes that the Decree determining exemptions to the minimum age for admission to employment does not appear to set a minimum age for admission to light work, and only indicates that children under 16 years of age may be authorized to perform such work when granted an individual exemption, without specifying the authority entitled to grant such individual exemptions, and making them conditional only upon the agreement of the parental authority and the opinion of the occupational doctor. Furthermore, the Committee observes that the types of light work authorized for children under 16 years of age do not appear to have been determined. The Committee therefore reminds the Government that, in accordance with Article 7(1) of the Convention, national laws or regulations may permit the employment of persons aged at least 13 years in light work. The Committee also reminds the Government that, under the terms of Article 7(3) of the Convention, the competent authority, and not those exercising parental authority, shall determine the activities in which employment or work in light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that children under 13 years of age cannot be admitted to the performance of light work, to determine the types of light work which children between the ages of 13 and 16 years may undertake and to ensure that the competent authority determines the conditions in which such employment or work may be undertaken.

Article 8. Artistic performances. The Committee notes that, under the terms of section 2 of the Decree to determine individual exemptions from the minimum age for admission to employment, individual exemptions from the minimum age for admission to employment may be granted for the participation of minors in artistic performances. Under the terms of section 3 of the Decree, participation in artistic performances shall be subject to the prior written agreement of the parental authority, and the weekly working time for such participation shall not exceed 15 hours. The Committee also notes that, by virtue of section 4 of the Decree, all the provisions necessary to give effect to the Decree shall be determined through regulations. However, the Committee notes that the conditions governing such employment do not appear to be prescribed by national laws or regulations. The Committee reminds the Government that, under the terms of Article 8(1) of the Convention, the competent authority, and not the parental authority, may, as an exception to the minimum age for admission to employment or work of 16 years specified by Gabon, and after consultation with the organizations of employers and workers concerned, allow, in individual cases, participation in such activities as artistic performances. It also reminds the Government that, under the terms of Article 8(2), the permits so granted shall limit the number of hours during which and prescribe the conditions in which such employment or work is allowed. The Committee requests the Government to indicate whether, in practice, children under 16 years of age participate in artistic performances. The Committee also requests the Government to take measures to ensure that individual exceptions for participation in artistic performances are granted by the competent authority, and not the parental authority, and that they take into account the comments made above and determine the conditions for the employment of children and young persons in artistic performances. The Committee requests the Government to provide information in this respect.

Article 9(1). Penalties. The Committee notes that section 195 of the new Ordinance No. 018/PR/2010 of 25 February 2010 amending certain provisions of the Labour Code of the Republic of Gabon provides that persons who are in violation of the provisions of new section 177, respecting the minimum age for admission to employment or work, shall be liable to a fine of between 30,000 and 300,000 CFA francs and, in the case of repeated violations, of a fine of 60,000 CFA francs and imprisonment for from two to six months, or one of these penalties only. Persons in violation of new section 177(3), respecting the worst forms of child labour, and particularly hazardous forms of work, shall be liable to a fine of 5 million CFA francs and imprisonment for five years without suspension. In the event of repeat offences, each of these penalties shall be doubled. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of new section 177 and new section 177(3) of the Labour Code, with an indication of the number and nature of the violations reported and the penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that section 257 of the Labour Code provides that the employer shall keep constantly updated, at the work premises, an employer’s register, the form of which shall be determined by order of the Minister of Labour after consultation with the Labour Advisory Commission. The Committee recalls that, under the terms of Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or who work for the employer and who are less than 18 years of age. The Committee requests the Government to indicate whether an order issued under section 257 of the Labour Code has been adopted. If not, the Committee requests the Government to take the necessary measures to ensure that regulations respecting the registers to be kept by employers are formulated and adopted in the near future, in accordance with the requirements of Article 9(3) of the Convention.

Part III of the report form. Labour inspection. The Committee notes that, under the terms of section 235 of the Labour Code, labour inspectors are responsible for reporting violations of the provisions of laws and regulations respecting labour, employment, occupational safety and health and social security. Furthermore, under new section 178 of the Labour Code, labour inspectors may order the examination by an approved medical practitioner of children and young persons up to the age of 18 years with a view to verifying whether the work entrusted to them exceeds their strength. The Committee notes the Government’s indication that up to now no convictions for violations of the provisions giving effect to the Convention have been handed down by courts of law. According to the Government, there are no children under 16 years of age who work in the structured sector, that is in the formal economy and in the context of an employment relationship. However, the Government also indicates that the children who are engaged in work in Gabon are generally to be found in the informal economy. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity of labour inspectors so that they can detect all cases of work by children under 16 years of age, particularly in the informal economy. It also requests the Government to provide information on the implementation in practice of inspections by labour inspectors with a view to monitoring child labour. In this respect, it requests the Government to provide information on the number of investigations undertaken and, where possible, to provide extracts from the reports of labour inspectors.