Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the information provided by the Government in reply to its previous comments. It would be grateful to be provided with additional information on the following points.

Articles 2, paragraph 2, and 7, paragraph 2(a), of the Convention. The Committee notes that young persons engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access are not subject to prior medical examination. However, the access of these young people to care is possible through the health sectors of the country. The Committee nevertheless notes that section 2, in conjunction with section 17 of Act No. 88-07 of 26 January 1988 respecting occupational health, safety and medicine, and section 13 of Executive Decree No. 93-120 of 15 May 1993 respecting the organization of occupational medicine, also appear to cover the above children and young persons. It requests the Government to indicate whether the above legislation applies in practice to this category of children and young persons and, if not, requests the Government to indicate the measures that it intends to take to give effect to Article 2, paragraph 2, of the Convention.

The Committee once again reminds the Government that the Convention, under the terms of Article 7, paragraph 2(a), requires the adoption of measures of identification to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or in any other occupation carried on in the streets or in places to which the public has access (with the person concerned being placed under the obligation, for example, to be in possession of a document referring to the medical examination). The Committee hopes that the Government will take the necessary measures in the very near future and that its next report will indicate the progress achieved in this respect.

The Committee also notes the Government’s indication that an inter-ministerial commission on child labour was established in March 2003 to examine the implementation of the health measures designed for young workers under 16 years of age who are not employees. It infers that the inter-ministerial commission has the principal objective of adopting general measures related to public health insurance. While noting the utility of such measures, the Committee reminds the Government that the Convention applies to children and young persons employed for wages, or working directly or indirectly for gain, in non-industrial occupations.