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Minimum Age Convention, 1973 (No. 138) - Cabo Verde (RATIFICATION: 2011)

Other comments on C138

Observation

Direct Request

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that Cabo Verde is a participating country within the ILO International Programme on the Elimination of Child Labour (IPEC) regional project on preventing and eliminating child labour in West Africa. The aim of this project is to build local institutional capacity and to support the creation and consolidation of institutional structures that are responsible and efficient and which promote actions to prevent and eliminate child labour in the country. According to the ILO–IPEC project report of 2013, a National Steering Committee (NSC) for the prevention and elimination of child labour was established by the Government, which has elaborated a National Plan of Action to combat child labour.

The Committee notes from the Government’s report that the Cape Verdean Institute for Children and Adolescents which aims to promote and implement the governmental policies for children and adolescents has promoted and carried out a number of activities including awareness-raising, information and communication campaigns to combat child labour; and holding a tripartite regional meeting of the African countries including Angola, Guinea-Bissau, Mozambique and Sao Tome and Principe and high-level representatives from Brazilian and Portuguese institutions on the elimination of child labour – on the way to the global conference of November 2013. The Government’s report further indicates that the Nôs Kaza Centres which seek to protect children and adolescents who live on the street has undertaken several initiatives to prevent risks such as social exclusion, unsafe work and exploitation of children living on the street. Furthermore, the Nôs Kaza Centres ensure that children and adolescents are enrolled in and attend school in addition to carrying out socio-educational activities with families and strengthening the network of action of governmental and non-governmental organizations for the protection of children and adolescents. The Committee finally notes the Government’s information that the Government, through the Ministry of Youth, Employment and Human Resources Development, the Cape Verdean Institute for Children and Adolescents and the ILO–IPEC conducted a quantitative study on child labour in June 2013, the results of which indicates that the rate of incidence of child labour in Cabo Verde is 7.1 per cent. According to the preliminary findings of this survey, of the total number of children between the ages of 5 and 17 years (which is 135,684 children), 9,666 children are involved in economic activities (6,255 boys and 3,411 girls), 8,683 children are engaged in child labour, of which 7,649 children are engaged in dangerous work. The survey report also indicates that 66.5 per cent of children engaged in child labour are enrolled in school. The Committee requests the Government to continue taking measures to prevent and eliminate child labour within the country, including measures implemented in collaboration with the ILO–IPEC. It also requests the Government to provide information on the implementation of the National Action Plan to combat child labour and the results achieved.

Article 2(1). 1. Scope of application. The Committee notes that according to section 2 of the Labour Code No. 5/2007, the provisions of the Labour Code are applicable to all work undertaken by a person by a contract of employment and including in private, cooperative and mixed enterprises and, in some instances, public bodies. Hence it appears that the minimum age provisions do not apply to children working outside an employment relationship. The Committee notes that, according to the 2013 child labour survey report, the majority of children (69.9 per cent) are engaged in agricultural work, animal husbandry, forestry and fishing, followed by domestic work (12.6 per cent) and commercial, retail and automobile works (6.8 per cent).

In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified a minimum age of 15 years for admission to employment or work in Cabo Verde. It notes that section 261(1) of the Labour Code approved by Decree Law No. 5/2007 of 16 October (Labour Code No. 5/2007) prohibits the employment of a minor who has not completed compulsory education and in any case, the employment of children under the age of 15 years.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 13 of the Basic Law of the Education System Legislative Decree No. 2/2010 (Education Law of 2010), the State guarantees universal and compulsory education up to the tenth grade. The Committee also notes that as per section 20 of the Education Law of 2010, admission to primary school shall be compulsory for children who have completed 6 years of age. In this regard, the Committee observes that the compulsory education appears to be completed at the age of 15 years which is also the minimum age for admission to employment.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that according to section 264(1) of the Labour Code No. 5/2007 minors shall not perform activities that are not conducive to their physical and intellectual development. It further notes that according to section 133 of the Civil Code of 1997, a “minor” is defined as a person below the age of 18 years.

Article 3(2). Determination of hazardous work. The Committee notes that section 267 of the Labour Code No. 5/2007 prohibits night work of children under 18 years of age, while overtime work shall only be authorized for minors aged between 16 and 18 years in the case of force majeure and cannot exceed two hours per day, and 30 hours per year (section 268). The Committee also notes that according to section 7 of the Labour Code No. 5/2007 the government official responsible for labour may prohibit, by ministerial order, minors from working or raise the age limits established in the Labour Code for certain types of work, occupations or sectors of activity. However, the Committee notes that no such orders prescribing the types of work prohibited to minors have been adopted so far.

The Government’s report indicates that one of the priority activities to combat child labour effectively includes the drawing up and approving of a list of types of hazardous work prohibited to children under 18 years of age. The Committee also notes from the ILO–IPEC project report of 2013 that the National Steering Committee has drafted a list of types of hazardous work prohibited to children under the age of 18 years. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee notes that sections 248 and 249 of the Labour Code No. 5/2007 deal with contracts of apprenticeship which shall be concluded by persons of not less than 14 years of age.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes that section 262 of the Labour Code No. 5/2007 provides for an exception to the minimum age provisions in respect of children under 15 years of age engaged in light household chores, agricultural works or otherwise which contribute to their personal development, organizational skills and increase their self-discipline. It also notes from the Government’s report that the Civil Code also values work carried out by children for their personal development and to support their family, provided that they are compatible with the child’s physical and mental development. The Committee observes, however, that there appears to be no minimum age for performing light work activities.

The Committee recalls that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. It further recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures taken or envisaged to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years pursuant to Article 7(1) of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to determine light work activities and to prescribe the number of hours during which and the conditions under which such employment may be undertaken.

Article 8. Artistic performance. The Committee notes that according to section 261(2) of the Labour Code No. 5/2007, the employment of children under the age of 15 years for artistic performances such as theatre, dance, music and other spiritual activities does not constitute a violation of the provisions of section 261(1) on the minimum age for employment, 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 or moral development or affect their schooling or education. The Committee notes, however, that there appear to be no provisions establishing a system of individual permits to be granted for children under the minimum age to participate in artistic performances as well as provisions regulating the working hours and conditions of such work. The Committee recalls that Article 8 of the Convention allows exceptions to the specified minimum age of 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 requests the Government to take the necessary measures for establishing a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

Article 9(1). Penalties. According to section 408 of the Labour Code No. 5/2007 any person who exploits child labour by making children perform tasks prohibited by the Labour Code by taking advantage of their inexperience, need or dependency shall be punished with a fine equivalent to an amount not exceeding the yearly salary of an adult working in similar circumstances. The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions of the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that the Labour Code No. 5/2007 does not contain any provision requiring the employer to keep registers or documents of people under the age of 18 years working for them. The Committee reminds the Government that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents concerning employees under the age of 18 years, which shall be kept and made available by the employer. The Committee requests the Government to provide information on the measures taken or envisaged to bring the national legislation in to conformity with Article 9(3) of the Convention.

Parts III and V of the report form. Labour inspectorate and practical application of the Convention. According to section 394 of the Labour Code No. 5/2007, the general labour inspectorate is the department responsible to monitor and enforce labour law and to ensure compliance with the laws concerning labour relations, working conditions and employment protection. By virtue of section 264(3) of the Labour Code, any person who is aware that a minor is required to work in dangerous conditions or in unsanitary or in other conditions that impair the minor’s physical or mental health shall report this to the general labour inspectorate.

The Committee notes from the Government’s report that as a central body in the labour administration, the general labour inspectorate has played a decisive role in the protection of minors in the workplace and in combating child labour. The Government report further states that the general labour inspectorate has not received any complaints regarding child labour. However, the national unit for combating child labour, established by the Cape Verdean Institute for Children and Adolescents, has received a number of complaints regarding child labour. The Committee requests the Government to provide information on the number of complaints regarding child labour received by the national unit for combating child labour. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons