Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre la edad mínima, 1973 (núm. 138) - Chad (Ratificación : 2005)

Otros comentarios sobre C138

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Article 1 of the Convention. National policy. The Committee previously noted that the Government’s report did not contain any information on the existence of a national policy for the abolition of child labour in the country. However, it noted that the Committee on the Rights of the Child (CRC), in its concluding observations on the second periodic report of Chad in February 2009 (CRC/C/TCD/CO/2, paragraph 16), noted the adoption of an Accelerated Strategy for Child Survival and Development. The Committee also noted that, according to the information in the Government’s report to the CRC in June 2007 (CRC/C/TCD/2, paragraph 22), a draft code on the protection of children was being prepared.

The Committee notes that the Government does not provide any new information on this matter in its report. However, it appears that the Child Protection Code was examined and adopted in 2012. Recalling once again that, under this provision of the Convention, each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour, the Committee again requests the Government to supply information on the Accelerated Strategy for Child Survival and Development in terms of its impact on the abolition of child labour. It also requests the Government to send a copy of the Child Protection Code with its next report.

Article 2(1). Domestic workers. The Committee previously noted that the CRC, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 77), expressed concern at the problem of child domestic workers. It noted the Government’s indication in its report relating to Convention No. 182 to the effect that this sector of activity was in the process of being regulated. The Committee reminded the Government that, under Article 2(1) of the Convention, no person under the specified minimum age, namely 14 years for Chad, may be admitted to employment or work in any occupation, subject to certain provisions of the Convention, including Article 7 concerning light work. Noting the lack of information on this point in the Government’s report, the Committee once again requests the Government to supply information on the legislation which will regulate child domestic labour.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, under article 35 of the Constitution of 1996, basic education is compulsory. It also noted that the Government, in its initial report to the CRC in January 1997 (CRC/C/3/Add.50, paragraph 42), stated that compulsory schooling lasts nine years from the age of 6, which would make 15 years the age of completion of compulsory schooling. However, according to the information of 2006 from the UNESCO International Bureau of Education (IBE), the length of compulsory schooling is six years and concerns children between 6 and 11 years of age. The Committee observed that, in the light of the above, there is contradictory information as regards the age of completion of compulsory schooling in Chad.

The Committee further notes that the CRC, in its concluding observations of 12 February 2009, noted with concern the gap between the compulsory education age and the minimum age for employment (CRC/C/TCD/CO/2, paragraph 67). The Committee reminds the Government that if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraphs 370–371). The Committee once again requests the Government to indicate the age of completion of compulsory schooling in the country and send copies of the legislation which is applicable in this area. It further requests the Government to take the necessary steps to ensure that the age of completion of compulsory schooling coincides with that of the minimum age for admission to employment or work, namely 14 years. The Committee requests the Government to provide information in its next report on the progress made in this regard.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee previously noted that section 7 of the Decree relating to child labour permits the employment of young workers over 16 years of age in certain types of hazardous work. It also noted that section 9(1) of the Decree relating to child labour states that labour inspectors may call for the examination of any young worker in order to determine whether or not the work in which he is employed exceeds his strength. Section 9(2) states that where it is proven that the young worker is physically unfit for the work in which he is employed, he must be assigned to work which corresponds to his physical aptitude or be dismissed without the consequences of his dismissal being at his expense. However, the Committee emphasized the fact that this provision does not oblige labour inspectors to call for such an examination in any case where a young worker performs one of the types of work listed in section 7 of the Decree. The Committee reminded the Government that, under Article 3(3) of the Convention, young workers 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 lack of information on this point in the Government’s report, the Committee again requests the Government to take the necessary measures to bring its national legislation into conformity with Article 3(3) of the Convention and to adopt a provision whereby young workers over 16 years of age may be authorized to undertake hazardous work on condition that: (1) their health and safety are fully protected; and (2) they have received adequate specific instruction in the relevant branch of activity. The Committee requests the Government to provide information in its next report on progress made in this regard.

Article 6. Apprenticeships. The Committee previously noted that section 18 of the Labour Code provides that an apprentice must be at least 13 years of age at the start of the apprenticeship. However, it noted that section 1 of the Decree relating to child labour states that no child under 14 years of age may be employed, even as an apprentice, in an enterprise within the territory of the Republic of Chad. The Committee observed that there is a discrepancy between the age of entry to an apprenticeship laid down by the Labour Code (13 years) and the one laid down by the Decree relating to child labour (14 years). It reminded the Government that Article 6 of the Convention states that the age of entry to an apprenticeship is 14 years. Noting the lack of information on this point in the Government’s report, the Committee again requests the Government to take the necessary measures to harmonize the Labour Code with the Decree relating to child labour and to set the age of entry to an apprenticeship at 14 years, in accordance with the terms of the Convention. The Committee requests the Government to provide information in its next report on progress made in this regard.

Article 7. Light work. The Committee previously noted that section 2 of the Decree relating to child labour states that the age for admission to employment is set at 12 years for certain types of light work. It also noted that section 3(1) of the Decree states that such work is prohibited on Sundays and public holidays, for a period of at least 12 consecutive hours, including between 8 p.m. and 8 a.m. Section 3(2) states that the duration of such work may not exceed four and a half hours per day. The Committee reminded the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age (or 12 years where the minimum age of admission to employment or work is 14 years) on light work which is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Noting the lack of information on this point in the Government’s report, the Committee again requests the Government to indicate the manner in which the regular school attendance of children working four and a half hours per day is ensured.

Parts III and V of the report form. Labour inspection and application of the Convention in practice. The Committee previously noted the Government’s indication that statistical data on the application of the Convention are not available. However, it noted that, according to ILO statistics for 2000, approximately 318,000 children (151,000 girls and 167,000 boys) between 10 and 14 years of age were economically active, these figures representing 36.64 per cent of this age group of the population. The Committee further noted that the CRC, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 75), expressed particular concern at the problem of child herders, child domestic workers and the large number of children living in the streets, most of whom are living in poverty.

The Committee notes that the Government does not supply any information on this subject in its report. The Committee again expresses concern at the high number of children under 14 years of age who are working. It therefore again requests the Government to intensify its efforts to improve this situation. It also requests the Government to supply information in its next report on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group on the nature, extent and trends of 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 the inspection services, and information on the number and nature of infringements reported by these services.