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

Convenio sobre la edad mínima, 1973 (núm. 138) - Santo Tomé y Príncipe (Ratificación : 2005)

Otros comentarios sobre C138

Observación

2022

Solicitud directa

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Article 2(1) of the Convention. Scope of application. The Committee had previously noted that according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. It had also noted that, according to the Government’s Second Periodic Report of November 2008 to the Committee on the Rights of the Child (CRC), out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service. Noting the absence of information in the Government’s report, the Committee once again reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is an employment relationship and whether or not the work is remunerated. The Committee therefore once again requests the Government to provide information on the manner in which children who perform work outside the framework of a labour relationship, such as children working on their own account or in the informal economy, are afforded the protection established in the Convention.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted that, according to the Government’s Second Report to the CRC (paragraph 188), the Basic Education System Law establishes a mandatory six years of free primary education. It had noted that there is no information with regard to the age of completion of compulsory schooling. The Committee had further observed that six years of compulsory primary education, may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work.

Noting that the Government’s report does not contain any information on the age of completion of compulsory education, the Committee once again draws the Government’s attention to the fact that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory education comes to an end before the young persons are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (2012 General Survey on the fundamental Conventions, paragraph 371). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 3(2). Determination of hazardous work. Following its previous comments, the Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a draft list of the types of hazardous work prohibited to children under 18 years of age has been prepared based on a study undertaken by a Brazilian consultant. The Committee expresses the firm hope that the draft list of types of hazardous work will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. It also requests the Government to supply a copy of the list of hazardous work, once it has been adopted.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that, as per section 132 of Act No. 6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses. However, this Act does not indicate the minimum age for apprenticeship. It had also noted section 3(3) of Act No. 6/92 which states that the provisions related to the contract of apprenticeship shall be governed by separate law. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether any regulations, pursuant to section 3(3) of Act No. 6/92 on apprenticeship programmes, have been adopted and, if so, to provide a copy thereof. It also requests the Government to provide information on the minimum age for entering an apprenticeship programme as well as the conditions under which apprenticeships may be undertaken and performed by minors.

Article 7. Light work. The Committee had noted the Government’s indication that there are no exceptions to the minimum age with regard to light work. However, referring to the Government’s information in its Second Report to the CRC that 8 per cent of children under the minimum age of 14 years are engaged in work in Sao Tome and Principe, the Committee once again reminds the Government that, pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and 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. It also recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which 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 indicate if it would envisage the possibility of adopting provisions to regulate and determine the light work activities performed by children over 12 years of age.

Article 8. Artistic performances. Following its previous comments the Committee notes the Government’s statement that no use is made of the exceptions permitted under this Convention.

Article 9(1). Penalties. The Committee had previously noted section 147 of Act No. 6/92 which establishes penalties of fines for the breach of section 128 (minimum age provision), section 129 (prohibition on hazardous work by minors) and section 133 (requiring employers to provide minor employees with working conditions appropriate to their age). Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of the penalties laid down under section 147 of Act No.6/92 for the breach of the provisions related to employment of children under 18 years of age, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee had previously noted that there appear to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents that contain the details, including the name and age of the minors employed by them. Noting the absence of information in the Government’s report, the Committee once again reminds the Government that, in accordance with 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 containing the names and ages or dates of birth of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s statement that the Directorate of the Labour Inspection within the Ministry of Labour, Solidarity and Family, is responsible for monitoring the implementation of Act No. 6/92. It had further noted that according to section 2 of the Labour Inspection Act, the labour inspectorate is competent to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe.

The Committee notes the Government’s indication that it will send copies of the reports concerning the activities undertaken by the Directorate according to Act No.6/92. The Committee hopes that the reports on the activities of the labour inspectorate concerning the monitoring of child labour will be sent by the Government along with its next report. It also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of violations detected, investigation conducted and sanctions applied.