Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 138) sur l'âge minimum, 1973 - Cabo Verde (Ratification: 2011)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that a National Action Plan for the Prevention and Elimination of Child Labour (PANPETI) has been approved by Resolution No. 43/2014 of 2 June 2014. According to the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the measures undertaken within the PANPETI-2014 include: (i) the creation of various information, educational and communication materials to identify, prevent and combat child labour; (ii) the establishment of a National Committee for the Prevention and Elimination of Child Labour; (iii) a quantitative survey on child labour in 2014; (iv) the adoption of the Children and Young Person’s Act No. 50/VII/2013 (CYP Act of 2013); and (v) the creation of a list of types of hazardous work prohibited to children and young persons. The Committee requests the Government to continue providing information on the measures taken within the framework of the PANPETI to combat child labour and the results achieved.

Article 2(1). Scope of application. The Committee previously noted that the provisions of the Labour Code No. 5/2007 applied only to work done by a person with a contract of employment. Hence, the minimum age provisions did not cover children working outside an employment relationship. The Committee noted that according to the 2013 child labour survey report, 69.9 per cent of children were involved in agricultural work, animal husbandry, forestry and fishing, 12.6 per cent worked in domestic work and 6.8 per cent in commercial, retail and automobile works. It requested the Government to provide information on the measures taken to ensure that children who are not bound by an employment relationship enjoy the protection afforded by the Convention.

The Committee notes that section 61 of the CYP Act of 2013 establishes that the minimum age for admission to paid work shall be 15 years. The Committee notes from the Government’s report that, according to the survey by the National Institute of Statistics, 2012, out of the 67,732 children between the ages of 5–11 years, 1,915 children were working and out of the 42,537 children between the ages of 12–15 years, 4,482 children were working. In this regard, the Committee requests the Government to take the necessary measures to ensure that children under the age of 15 years who are working on an unpaid basis as well as children working outside an employment relationship in the informal economy such as in agricultural work and domestic services are entitled to the protection afforded by the Convention. It requests the Government to provide information on any measures taken in this regard.

Article 3(2). Determination of hazardous work. The Committee notes the information contained in its report under Convention No. 182 that a regulatory instrument incorporating the list of hazardous types of work prohibited to children and young persons will be adopted shortly. The Committee expresses the firm hope that the list of types of hazardous work prohibited to children under the age of 18 years will be adopted in the near future. It requests the Government to provide information on progress made in this regard, and to provide a copy of the list, once adopted.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes that, according to section 65(1) of the CYP Act of 2013, children and young persons below the age of 15 years may perform domestic, agricultural or livestock work within their household, provided that such work does not affect their physical and mental development, school attendance and hours required to study as well as for leisure or family and community life. It also notes that according to section 127(1) and (2) of the Civil Code, minors who have reached the age of 14 years may perform household chores that are compatible with their level of physical and mental maturity. The Committee observes that national legislation sets a minimum age of 14 for light work in household activities. However, the national legislation does not regulate the light work activities. The Committee, therefore, requests the Government to take the necessary measures to regulate the light work activities performed by children of 14 years of age and above, in accordance with Article 7(3) of the Convention by prescribing the number of hours during which and the conditions under which such employment may be undertaken. It requests the Government to provide information on the measures taken in this regard.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 261(2) of the Labour Code of 2007 authorized children under the age of 15 years to participate in artistic performances such as theatre, dance, music and other spiritual activities, provided that the minor is duly accompanied by a parent or legal guardian and that the participation in such activities does not endanger the child’s health, physical, mental and moral development or affect their schooling or education. However, the Committee noted that there were no provisions establishing a system of individual permits to be granted to children under the minimum age to participate in artistic performances as well as provisions regulating the working conditions and hours of such work.

Noting the absence of information in the Government’s report on this point, the Committee once again reminds the Government that Article 8 of the Convention allows exceptions to the specified minimum age for admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee therefore once again requests the Government to take the necessary measures to establish a system of individual permits to be granted for children under 15 years who participate in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is permitted.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes with interest that, according to section 63 of the CYP Act of 2013, work done by children under the age of 18 years is subject to authorization from the Director-General of Labour and shall be registered in the Register of Working Young Persons. This section further states that the natural or legal persons which employ young persons are required to ensure that the contract of employment is endorsed by the competent authority.

Practical application of the Convention. The Committee notes that according to section 70 of the CYP Act of 2013, the rights of children as enshrined under this Act shall be protected by a set of mechanisms including the courts and the prosecutors, the Cabo Verdean Institute for Children and Young Persons; the National Commission on Human Rights and Citizenship; the Municipal Committees for the protection of the rights of children and young persons; non-governmental organizations; and secular and religious community associations. The Committee also notes the Government’s information that the reports and complaints on child labour are addressed to the child emergency centres, Nôs Kaza centres, and protection and social reintegration centres, while the National Office for the Prevention and Elimination of Child Labour coordinates the activities and services related to children. It notes from the Government’s report under Convention No. 182 that according to the final report on the survey of child labour in Cabo Verde for 2014, the incidence of child labour for children aged between 5 and 17 years was 8 per cent. The Committee requests the Government to provide information on the number of reports or complaints on child labour received by the National Office for the Prevention and Elimination of Child Labour. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including extracts from inspection services reports, information on the number and nature of contraventions reported, and penalties imposed.