Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 138) sur l'âge minimum, 1973 - Guinée-Bissau (Ratification: 2009)

Autre commentaire sur C138

Observation

2022

Demande directe

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Article 1 of the Convention and application of the Convention in practice.National policy designed to ensure the effective abolition of child labour. Further to its previous comments, the Committee notes the Government’s indication in its report that the national child protection policy has been drawn up but is still the subject of public consultations. The Government also indicates that, in partnership with UNICEF, it has prepared a labour instrument aimed at abolishing child labour, and this is being finalized.

The Government further indicates that it does not have any information on the effective application of the Convention since child labour is not widespread in the country and that children generally gain practical experience of certain activities or learn occupations within their families. In this regard, the Committee notes with interest that, according to the latest MICS (Multiple Indicator Cluster Surveys) statistics established by Guinea-Bissau with support from UNICEF, the incidence of child labour appears to have decreased from 57 per cent in 2010 to 51.1 per cent in 2014 and 17.2 per cent in 2018–19. The Committee encourages the Government to continue its efforts to eliminate child labour in the country and would appreciate if the Government could provide information on the measures adopted that led to the reduction of child labour from 2010 to 2019.It also requests the Government to take the necessary steps to ensure the adoption in the near future of the national child protection policy and the labour instrument aimed at abolishing child labour, and to provide information on progress made in this respect and on their implementation once they have been adopted. Lastly, the Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including statistics on the employment of children and young persons, extracts from the reports of the inspection services, and information on the number and nature of violations detected involving children and young persons.

Article 2(1) of the Convention. Scope of application. Child domestic workers. The Committee notes the Government’s indication that the latest statistical information available in the report on the situation of domestic workers in Guinea-Bissau, published in June 2020 by the National Association for the Protection of Domestic Workers, indicates that a total of 7,438 domestic workers have been recorded in the country. The Government also indicates that in Guinea-Bissau 35 per cent of children working as domestic employees are 12, 13 or 14 years of age. In this regard, the Government indicates that the new Labour Code, promulgated in July 2022, contains provisions on domestic work, including those concerning the minimum age for admission to such work, which is currently 16 years, and also the terms of domestic work contracts, remuneration arrangements, hours of work and limits on the length of the working day (meal breaks and weekly rest), holidays, and provisions on occupational safety and health (sections 287–300). The Committee therefore urges the Government to take steps to ensure the effective application of the new Labour Code so as to ensure that children under 16 years of age do not engage in domestic work. It requests the Government to provide information on measures taken in this respect and the results achieved, including on the number of cases of children under 16 years of age engaged in domestic work who have been identified, and the penalties imposed for violations.

Article 2(2). Raising the minimum age for admission to employment or work. The Committee notes that section 347 of the new Labour Code, promulgated in July 2022, establishes the minimum age for admission to employment or work as 16 years. However, the Committee observes that at the time of ratification of the Convention, Guinea-Bissau declared 14 years as the minimum age for admission to employment or work. The Committee requests the Government to consider the possibility of notifying the ILO Director-General, by a new declaration within the meaning of Article 2(2) of the Convention, that the minimum age specified at the time of ratification of the Convention has been raised to 16 years.

Article 2(3). Age of completion of compulsory schooling. The Committee once again notes that under sections 12 and 13 of Act No. 4/2011 on education (Education Act), the age of completion of compulsory schooling is 14 years. The Committee notes that, since the new Labour Code prescribes a minimum age for admission to work of 16 years, it appears that the age of completion of compulsory schooling does not coincide with this. The Committee observes that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see 2012 General Survey on the fundamental Conventions, paragraph 371). The Committee therefore encourages the Government to consider raising the age of completion of compulsory schooling so that it coincides with the minimum age for admission to employment or work.

Article 3(1) and (2). Minimum age for admission to hazardous work, and determination of hazardous types of work. Further to its previous comments, the Committee notes that section 355(1) of the new Labour Code provides that work which, by its nature or potential risks or the circumstances in which it is carried out, is likely to jeopardize the physical or psychological development of children under 18 years of age shall be prohibited. The Committee also notes that, under section 355(2), it shall be prohibited for children under 18 years of age to work in theatres, cinemas, nightclubs, discotheques or other similar establishments, or to engage in vending or door-to-door selling of pharmaceutical products, alcoholic beverages or tobacco. However, the Government indicates that no list of hazardous types of work has been drawn up. The Committee requests the Government to take the necessary steps to ensure that the list of hazardous types of work prohibited for children under 18 years of age is drawn up, after consultation of the employers’ and workers’ organizations concerned, and that it is adopted in the near future. The Committee requests the Government to provide information on all progress made in this regard.

Article 6. Apprenticeships. The Committee notes that section 350 of the new Labour Code allows a child under 16 years of age who has not completed compulsory schooling to work if all the following conditions are fulfilled: (i) the child follows education or training which provides compulsory schooling and vocational training; (ii) in the case of a fixed-term employment contract, the length of the contract is not less than the total duration of the training, if the employer is responsible for the training process; (iii) the normal period of work includes a part devoted to training; and (iv) working hours make it possible to participate in education and training programmes. The Committee observes that the above-mentioned section appears to be concerned with cases of apprenticeship within an enterprise but that no minimum age is fixed in this regard. The Committee recalls that under Article 6 of the Convention the minimum age for admission to an apprenticeship is 14 years. The Committee requests the Government to take the necessary steps to ensure that the national legislation fixes the minimum age for entry to an apprenticeship at 14 years, as required by Article 6 of the Convention, and to provide information on progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.