Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre la edad mínima, 1973 (núm. 138) - Angola (Ratificación : 2001)

Otros comentarios sobre C138

Observación

2016

Solicitud directa

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Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that many children under the minimum age for admission to employment or work are employed in Angola, mainly on family farms and in the informal economy, where their work is not monitored. The Committee requested the Government to intensify its efforts to combat child labour and to develop a national policy for the effective elimination of child labour and to provide information on the measures taken in this regard.

The Committee notes that the Government has not provided any information in its report on this point. The Committee notes that according to the United Nations Sustainable Development Cooperation Framework, 2020-2022 document, 40 percent of children between the ages of 6 and 11 are not at school. The Committee also notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 2018 expressed concern that child labour is highly prevalent in the country, especially in the rural areas (CRC/C/AGO/CO/5-7, paragraph 35). The Committee further notes from the Draft Report of the Human Rights Council Working Group on the Universal Periodic Review of November 2019 that a National Plan of Action for the Elimination of Child Labour was in the process of being adopted (A/HRC/WG.6/34/L.8, paragraph 87). The Committee requests the Government to provide information on the adoption of the National Plan of Action for the elimination of child labour, including the measures taken within its framework to eliminate child labour and the results achieved. It also requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection reports, and information on the number and nature of infringements detected involving children and young persons and on the penalties applied.

Article 2(1). 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/2000) applies only to work performed on the basis of an employment relationship between an employer and a worker and does not cover children who work in the informal economy or on their own account while the majority of working children worked in the informal economy. It noted the Government’s information on the measures taken: (i) to raise awareness among enterprises, including in the informal economy, of the legislation prohibiting child labour; and (ii) to reduce the scope of the informal economy through formalization initiatives. It also noted the adoption of Decree No. 115/16 on domestic work which prohibits the employment of young persons under the age of 18 years in domestic work. The Committee encouraged the Government to continue its efforts to protect children from child labour, by ensuring observance of the minimum age for admission to employment or work, including in the informal economy.

The Committee notes that the Government report does not provide any information in this regard. It observes that the General Labour Law No.7 adopted in 2015 also applies only to workers who provide paid services for an employer under his organisation and supervision (section 1). The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or whether or not it is paid. The Committee accordingly requests the Government to take the necessary measures, including through adapting and strengthening the labour inspection services, to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. It requests the Government to provide information on the steps taken in this regard and the results achieved.

2. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that the General Labour Act No. 7/15 of 15 June 2015 excludes family work and casual work from its scope of application (section 2(c) and (d)). It had noted the Government’s information that regulations were being drawn up covering family work and occasional work with a view to guaranteeing protection to these categories of workers.

The Committee notes an absence of information in the Government’s report. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, including family work and occasional work. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is applicable to children working in all sectors, including family work and occasional work. It requests the Government to provide information on any measures taken in this regard, including any progress made with regard to the development of regulations concerning family work and occasional work.

Article 2(3) and (4). Age of completion of compulsory schooling. The Committee had previously noted the adoption of the Basic Act on the Education System of 2016, which provides for compulsory schooling from six to nine years, or up to the age of 14 or 15 years. Noting an absence of information in the Government’s report, the Committee once again requests the Government to specify which provisions of the Basic Act on the Education System, 2016 provide that the duration of compulsory schooling shall now be nine years. It also requests the Government to provide a copy of the Basic Act on the Education System, 2016. Please also provide information concerning the enrolment and completion rates, and the school dropout rates, in primary and secondary education.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted the adoption of Joint Executive Decree No. 171/10, which contains a list of 57 types of hazardous activities that children under the age of 18 years are prohibited from undertaking. Noting an absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of Decree No. 171/10, including statistical data on the number and nature of infringements reported and penalties imposed.

Article 9(3). Registers to be kept by the employer. Following its previous comments, the Committee notes the Government’s information that Decree No.155 of 2004 requires enterprises to transmit to the Employment Observatory in the Ministry of Public Administration, Labour and Social Security an organizational chart and a list of the persons who work for them, known as the Inventory or Registry of Workers’ Names. While the Government states that a copy of the Decree is attached, no such decree have been attached with the report. The Committee requests the Government to indicate whether the Registry of Workers’ Names also contains the ages or date of birth of workers under the age of 18 years, as required by Article 9(3) of the Convention. It once again requests the Government to provide a copy of Decree No. 155 of 2004.