Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes with regret that, for many years and despite making several observations (1984, 1992, 1995 and 1996), the reports due from the Government under article 22 of the ILO Constitution have not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain full information on the points raised in its previous direct request.

Since its first comment, the Committee has been noting the absence of provisions in the national legislation to apply the Convention to children and young persons exercising an activity on their own account, while employees and apprentices are covered by the provisions of Order No. 17 of 27 May 1969. The Government has emphasized that the own account activities of children and young persons are carried out in the informal sector, which eludes the supervision of the labour inspectorate, and that the application of the Convention to this sector could not be envisaged until some degree of control is exercised over it. Nevertheless, the Committee notes that, during the discussion in the Conference Committee in June 1995, the Government representative recognized the soundness of requesting an extension of the requirement of a medical examination for fitness for employment to all categories of children and young workers. He stated that the Government was aware of the necessity of this examination for children and young persons. Moreover, in its reports, the Government has regularly expressed the intention of taking measures for this purpose. The Committee therefore urges the Government to provide information on the measures which have been taken or are envisaged to ensure the application of the Convention to this category of children and young persons.

Through its representative at the Conference in June 1995 and in its reports, the Government has emphasized the difficulties which would arise from the extension of the medical examination for fitness for employment to children and young persons in the informal sector. The Committee notes this fact, but recalls that children carrying on an own account activity are in fact covered by the Convention (Article 1(1)). The Committee therefore requests the Government to indicate the measures which have been taken to ensure the application of the Convention by extending the medical examination to children and young persons exercising an own account activity. In order to do so, it suggests that the Government envisage having recourse to the technical assistance of the ILO.

The Committee firmly hopes that the Government will make every effort to take the necessary measures in the very near future.

[The Government is asked to report in detail in 2002.]