Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 138) sur l'âge minimum, 1973 - Dominique (Ratification: 1983)

Autre commentaire sur C138

Observation

Demande directe

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The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 2(2) and (3) of the Convention. Minimum age for admission to employment and age of completion of compulsory schooling. In its previous comments, the Committee noted that the Government had specified a minimum age of 15 years upon ratification of the Convention. The Committee also noted that, according to section 2 of the Education Act (No. 11 of 1997), school is compulsory for all children from the age of 5 to 16 years, and that section 46(1) of the Act prohibits employing a child of school age during the school year. However, the Committee notes that pursuant to the Employment of Women, Young Persons and Children Act, Chapter 90:06, no children under the age of 14 years can be employed in industrial undertakings, other than family undertakings (section 4); or on ships, other than those in which only members of the same family are employed (section 5). In this regard, the Committee requests the Government to clarify the relationship between sections 4 and 5 of the Employment of Women, Young Persons and Children Act and sections 2 and 46(1) of the Education Act. The Committee also wishes to recall that Article 2(2) of the Convention provides that a ratifying country may subsequently notify the Director General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. Thus, the Committee would be grateful if the Government would consider sending a declaration of this nature to the Office, taking into consideration sections 2 and 46(1) of the Education Act, so that the minimum age for admission to employment fixed by the national legislation is harmonized with that provided for at the international level.

Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. In its previous comments, the Committee noted the absence of a legislative provision setting a minimum age for admission to hazardous work. The Committee also noted the Government’s indication that consultations were envisaged with the social partners with a view to determining a list of types of hazardous work prohibited for children under the age of 18 years. Noting the absence of information on progress made in this respect, the Committee once again requests the Government to take the necessary measures to ensure that children can only undertake hazardous work from the age of 18 years, as required by Article 3(1) of the Convention. The Committee also requests the Government to take measures to ensure that a list of hazardous types of work prohibited for children under 18 years of age, as required by Article 3(2) of the Convention, is adopted after consultation with the organizations of employers and workers concerned.

Article 7(1). Minimum age for admission to light work. In its previous comments, the Committee noted that, according to section 3 of the Employment of Children (Prohibition) Act, Chapter 90:05, children above 12 years of age may be employed in domestic work or agricultural work of a light nature at home by the parents or guardian of the child. In this regard, the Committee recalls that Article 7(1) of the Convention only permits the employment or work of children, who have reached the age of 13 and under the condition that such work is not likely to be harmful to their health or development; and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to bring section 3 of the Employment of Children (Prohibition) Act in line with the Convention by permitting employment in light work only by children who have reached the age of 13 years.

Article 7(3). Determination of types of light work activities. Light work during school vacations. The Committee previously noted that section 46(3) of the Education Act permits the employment of children above 14 years of age during school vacations but observed that the Act does not indicate the types of light work permitted for these children. The Committee recalls that pursuant to Article 7(3) of the Convention, the competent authority shall determine the types of light work permitted to children and shall prescribe the number of hours during which and the conditions in which, such employment or work may be undertaken. The Committee, therefore, once again requests the Government to provide information on any measures taken or envisaged to determine the types of light work that children above the age of 14 years can undertake during school vacations, as well as the hours during which and the conditions in which such work can be performed.

Article 9(3). Keeping of registers by employers. The Committee previously noted that section 8(1) of the Employment of Women, Young Persons and Children Act requires every employer in an industrial undertaking and every shipmaster to keep a register of all persons employed under the age of 16 years. In this regard, the Committee had recalled that Article 9(3) of the Convention requires the keeping of such registers for all persons employed who are less than 18 years of age. In this respect, the Committee requests the Government to take the necessary measures to review section 8(1) of the Employment of Women, Young Persons and Children Act, so as to bring its legislation into conformity with Article 9(3) of the Convention with a view to ensuring that registers be kept and made available by the employer in respect of all working children under 18 years of age. The Committee requests the Government to provide information on any progress made in this regard.

Labour inspection and application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that measures would be taken to broaden the mandate of the national inspectorate to cover child labour issues, in consultation with the social partners. In this regard, the Committee requests the Government to indicate whether the mandate of the national inspectorate has been expanded to cover child labour issues and, if so, to provide information on the activities undertaken by the national inspectorate in the area of child labour, including the number of labour inspections conducted and the number and nature of violations detected. The Committee also requests the Government to provide updated statistical data on the employment of children and young persons.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. The Committee invites the Government to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.