CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Gabon (RATIFICATION: 2010)

Other comments on C138

Observation

Direct Request

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Previous observation and previous direct request

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee notes that, under section 7 of the 2021 Labour Code, before 16 years of age, children cannot be engaged in work that prevents them from receiving compulsory schooling. It also notes that, in accordance with section 52 of the 2019 Children’s Code, schooling is compulsory and free for all children aged 5 to 16, which is in line with the minimum age for admission to employment or work.

Article 8. Artistic performances. The Committee notes with regret that the new Labour Code does not contain provisions governing the participation of children under 16 years in artistic performances. It notes that Decree No. 0651/PR/MTEPS of 13 April 2011 therefore remains applicable and that section 2 thereof provides that individual exemptions may be granted to the minimum age for admission to employment for the participation of minors in artistic performances. Under section 3 of this Decree, participation in artistic performances must be subject to prior written agreement from the parents or guardians, and that the weekly duration of these activities must not exceed 15 hours. Additionally, the conditions of such employment do not seem to be prescribed in the national legislation. The Committee therefore once again requests the Government to take the necessary steps to ensure that individual exemptions relating to the participation of children under 16 years of age in artistic performances are granted by the competent authority, as well as the parent(s) or guardian(s), and that they establish the conditions of employment for children in artistic performances, in conformity with Article 8 of the Convention. The Committee requests the Government to provide information on progress made in this respect.

Article 9(1). Penalties and labour inspection. The Committee notes that, under section 277 of the Children’s Code, anyone who employs a child in any way whatsoever in violation of the provisions of the legislation in force is liable to a prison sentence of between three months and one year, and a fine, or to only one of these penalties. Section 278 of the Children’s Code provides that anyone who acquires a child’s services and does not pay the child, at all or fairly, shall be punished by a prison sentence of between three and six months, or a fine. In addition, the Committee notes that section 233 of the Labour Code provides that those who violate the provisions of section 214 on the minimum age for admission to employment or work, shall be liable to a fine and a prison sentence of between two and six months, or to only one of these penalties. The perpetrators of the offences set out in section 214(2) concerning hazardous work and the worst forms of child labour, shall be liable to a fine and a five-year prison sentence without suspension. In the case of a repeated offence, each of these punishments shall be doubled. The Committee also notes that under section 276 of the Labour Code, labour inspectors are responsible for identifying violations of the provisions of the legislation and regulations pertaining to labour, employment, occupational safety and health, and social security.

The Committee notes the Government’s indication that trainings for labour inspectors are organized with the support of the Office as part of the technical and financial assistance requested by the Government. The Committee also notes that the Government does not provide information on violations found by the labour inspectorate concerning the minimum age for employment. The Committee once again requests the Government to renew its capacity-building efforts for labour inspectors in order to ensure that the regulations providing for penalties for violations of section 214 of the Labour Code are implemented effectively. In this regard, it requests the Government to report on the results of this capacity-building in terms of the numbers of labour inspectors and of inspections with a focus on child labour, including hazardous work. It also once again requests the Government to provide information on the application of these penalties in practice, indicating the number and nature of violations reported and penalties imposed and, where possible, to provide extracts from labour inspectors’ reports.

Application of the Convention in practice. The Committee notes that, once again, the Government has not provided information on the statistics concerning child labour in the country. It recalls that the latest statistical figures, according to UNICEF, indicated that from 2002 to 2010, 13.4 per cent of children were involved in child labour (15.4 per cent of boys and 11.6 per cent of girls). In order to be able to examine the application of the Convention in practice, the Committee once again requests the Government to take the necessary measures to ensure the availability of adequate data on the situation of children working in Gabon, and particularly on the number of working children and young persons whose age is lower than the minimum age for admission to employment or work, namely 16 years, and on the nature, scope and trends of such work. The Committee requests the Government to provide information on the activities of the National Observatory of the Rights of the Child (ONDE) and on the statistics collected by this body relating to children under 16 years of age who are engaged in work.