Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

Autre commentaire sur C138

Observation

2022
2019

Demande directe

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that National Plan of Action 2009–15 (NPA1) for the elimination of the worst forms of child labour was under review. The Committee requested the Government to continue its efforts to maintain a national plan of action to combat child labour and to submit any finalized plans once they are available.

The Committee notes from the Government’s report that a National Plan of Action Phase II on Elimination of the Worst Forms of Child Labour 2017–21 (NPA2) has been approved by the Cabinet and disseminated to various stakeholders for implementation. The Committee notes that according to the NPA2 document, significant gains were made within the framework of the NPA1, including: the introduction of the Ghana Child Labour Monitoring System; the development of the Hazardous Activity Framework (HAF) and the Standard Operating Procedures (SOP) for addressing child labour issues; and the establishment of 100 Community Child Protection Committees and District Child Protection Committees in 40 districts. However, this document indicates that the overall impact of the NPA1 was below expectation and that an estimated 21.8 per cent (1.9 million) children aged 5–17 years are engaged in child labour of which 14.2 per cent (over 1.2 million) are involved in hazardous work. The Committee further notes from the Understanding Children’s Work report of 2016 (UCW report) entitled Child Labour and the Youth decent work deficit in Ghana, that more than one in five children aged 5–14 years (almost 1.5 million) children are involved in child labour. The Committee must express its deep concern at the high number of children under the minimum age for admission to work of 15 years who are engaged in child labour, including in hazardous work. The Committee urges the Government to intensify its efforts and to take the necessary measures for the progressive elimination of child labour, including within the framework of the NPA2, 2017–2021. It requests the Government to provide specific information on the concrete measures taken in this regard as well as the results achieved. Finally, the Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of hazardous work. With regard to the determination and adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Articles 7(3). Determination of light work activities. In its previous comments, the Committee noted that Hazardous Child Labour Activity Framework had set out certain conditions for light work for children of 13 years of age. The Committee requested the Government to take the necessary measures to specify the types of light work activities that are permitted for young persons between the ages of 13 and 15.

The Committee notes that the Government’s report does not provide any information in this regard. The Committee therefore once again requests the Government to take the necessary measures to determine the types of light work activities permitted for young persons between the ages of 13 and 15, as required by Article 7(3) of the Convention. It also requests the Government to indicate the measures taken or envisaged to adopt the conditions of light work provided by the Hazardous Child Labour Activity Framework into law and to provide a copy of any regulations or text giving effect to these conditions.

Labour inspectorate. In its previous comments, the Committee noted the Government’s indication concerning the lack of capacity and logistical deficiencies for labour inspection and its commitment in establishing the necessary systems and infrastructure to enable the effective inspection of workplaces liable to inspection. It requested the Government to provide information on the measures taken in this regard.

The Committee notes the information provided by the Government on the basic structure and functioning of the labour inspection system in the country. It also notes the Government’s information that labour inspection forms have been reviewed to include triggers that will require inspectors to collect more information on children detected to be employed. The Committee further notes the Government’s statement that no contravention regarding the employment of children in the formal sector was reported. However, children are engaged in work in the informal sector and that measures are being taken to sensitize this sector through the social partners. In this regard, the Committee notes that according to the UCW report, the largest share of children in child labour work in the agricultural sector (80 per cent) followed by services and manufacturing. The Committee further recalls its reference under the Labour Inspection Convention, 1947 (No. 81), adopted in 2019, to the statement in Ghana’s National Employment Policy that despite efforts to revamp the labour administration system, challenges persist, including ineffective labour inspection, inadequate staff for labour administration institutions and inadequate logistics for inspection and enforcement. The Committee draws the Government’s attention to its most recent comments under Convention No. 81 and urges it to strengthen the functioning of the labour inspectorate by increasing the number of labour inspectors as well as by providing them with additional means and financial resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. Furthermore, it urges the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspection services to ensure the monitoring of child labour in the informal economy in order to ensure that these children are afforded the protection set out in the Convention. It requests the Government to provide information on the measures taken in this regard and on the results achieved.