Observación (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

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

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Article 2(1) of the Convention. Scope of application and minimum age for admission to employment or work. In its previous comments, the Committee noted 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 (the Labour Code), children may not be employed in any enterprise before the age of 16 years. The Committee also observed that, under the terms of section 1, the Labour Code only governs work relations between workers and employers, and between employers or their representatives and apprentices and trainees placed under their authority. 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.

In this regard, the Committee notes the Government’s indication that there is no protection for children who work on their own account or in the informal economy, but that self-employed child workers are covered by the National Health Insurance and Social Guarantee Fund as economically disadvantaged persons. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work. The Committee once again requests that the Government take the necessary legislative measures to ensure that all children under 16 years of age engaged in economic activities without an employment contract, and particularly children who work in the informal economy, benefit from the protection afforded by the Convention. Please provide information on the extent of the protection provided by the National Health Insurance and Social Guarantee Fund for self-employed child workers.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that section 2 of Act No. 21/2011 determining the general education, training and research policy 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 also notes the improvements over recent years in terms of the increase in the net school enrolment rate and the parity between genders in primary education. However, the Committee notes that the rate of children repeating classes and dropping out of school is undermining the progress achieved, and that the school enrolment rate of 48 per cent in secondary school is still low.

The Committee notes that, according to the UNICEF publication The State of the World’s Children 2016: A fair chance for every child, the net attendance ratio at secondary school for 2009–14 was 57 per cent for girls and 48 per cent for boys. Despite an increase in the net school attendance ratio, the Committee observes that a considerable number of children who have not yet reached the minimum age for admission to employment do not attend or have dropped out of school. The Committee therefore requests that the Government take measures to ensure that all children under 16 years of age attend school, in accordance with Act No. 21/2011 determining the general education, training and research policy, with a view to preventing them from being engaged in work, particularly on their own account and in the informal sector. The Committee requests that the Government provide information on the progress achieved in this respect and on 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 noted previously that section 177 of the Labour Code provides that children under 18 years of age may not be employed in types of work considered to constitute the worst forms of child labour, and particularly in 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. The Committee also noted that the list of types of work and the categories of enterprises prohibited for young persons, and the age limit to which this prohibition applies, is determined by Decree No. 275 of 5 November 1962, but that the list of hazardous types of work was being reviewed. The Committee notes the Government’s indication that the revision of the list will be completed in the coming months. Noting with concern that the Government has been indicating since 2012 that the revision of the list of hazardous types of work is being carried out, the Committee requests that the Government take the necessary measures to ensure that the list of hazardous types of work prohibited for children under 18 years of age is revised as soon as possible and to provide a copy of the new list once it has been adopted.

Article 9(1). Penalties. The Committee recalls that section 195 of Ordinance No. 018/PR/2010 of 25 February 2010 amending certain provisions of the Labour Code of Gabon provides that persons who violate the provisions of 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 Central African francs (CFA) and, in the case of repeated violations, a fine of CFA60,000 francs and imprisonment for from two to six months, or only one of these penalties. Persons in violation of section 177(3), respecting the worst forms of child labour, and particularly hazardous forms of work, shall be liable to a fine of CFA5 million and imprisonment for five years without suspension. In the event of repeated offences, each of these penalties shall be doubled.

The Committee notes the Government’s indication that no penalties have yet been imposed in this regard. It also notes that, according to the concluding observations of the Committee on the Rights of the Child of July 2016, a high number of children work in sand quarries and restaurants (“gargottes”) and on taxis and buses, but that these violations are poorly identified and the perpetrators are not penalized (CRC/C/GAB/CO/2, paragraph 62). The Committee notes with concern the absence of convictions and recalls that, while the adoption of national legislation is essential, even the best legislation only has value when it is applied effectively (see the General Survey on the fundamental Conventions, 2012, paragraph 410). The Committee therefore requests that the Government take the necessary measures to punish violations of section 177(3) of the Labour Code. Please provide information on the application of these penalties in practice in the event of violations, with an indication of the number and nature of the violations reported and the penalties imposed and, to the extent possible, the information should be disaggregated by age and sex.

Labour inspection. The Committee noted previously 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 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 noted that no convictions for violations of the provisions giving effect to the Convention have been handed down by courts of law.

The Committee notes the Government’s indication that the labour inspection services do not have the necessary resources to investigate child labour, and that it does not therefore have statistics available on the subject. The Committee also notes that, according to the information provided by the Government on the application of the Labour Administration Convention, 1978 (No. 150), seminars and training courses have been provided with ILO technical cooperation, and have had a beneficial impact by enabling labour inspectors to increase their knowledge of the means available to deal with recurrent issues, including child labour. The Committee urges the Government to take the necessary measures in the near future to reinforce the capacity of labour inspectors so that they are able to detect and take action in cases of work by children under the age of 16 years, particularly in the informal economy. It once again requests that the Government provide information on the implementation in practice of inspections by labour inspectors with a view to monitoring child labour. In this respect, it requests that the Government provide information on the number of violations reported and, where possible, to provide extracts from the reports of labour inspectors.

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