CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Angola (RATIFICATION: 2001)

Other comments on C138

Observation

2016

Direct Request

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Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that many children under the minimum age for admission to employment or work are employed in Angola, mainly on family farms and in the informal economy, where their work is not monitored.

The Committee notes that the Government’s report does not contain any information relating to its previous requests. The Committee therefore requests once again that the Government intensify its efforts to combat child labour. In this regard, it requests that the Government develop a national policy for the effective elimination of child labour and to provide information on the measures taken in this regard. It also requests that the Government provide detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection reports, and information on the number and nature of infringements detected involving children and young persons and on the penalties applied.

Article 2(1). 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) applies only to work performed on the basis of an employment relationship between an employer and a worker and does not cover children who work in the informal economy or on their own account. The Committee noted in this regard that the majority of working children are in the informal economy. Moreover, the Government previously indicated that in June 2016, it had developed, in collaboration with the labour inspectorate and the social partners, a programme to raise awareness among enterprises, including in the informal economy, of the legislation prohibiting child labour and relating to occupational safety and health. Moreover, the Government indicated that steps had been taken to reduce the scope of the informal economy through formalization initiatives, including the opening of establishments offering vocational training for young persons and mobile vocational training centres, assistance for setting up micro-enterprises and the provision of microloans.

The Committee notes with interest the adoption of Decree No. 115/16 on domestic work and the fact that section 10 prohibits the employment of young persons under the age of 18 years in domestic work. The Committee nevertheless notes that the Government does not provide any information on the other measures taken or contemplated to ensure that children working in the informal economy or on their own account, in activities other than domestic work, enjoy the protection afforded by the Convention. The Committee therefore encourages the Government to continue its efforts to protect children from child labour, by ensuring observance of the minimum age for admission to employment or work, including in the informal economy. In this regard, the Committee also encourages the Government to take steps to adapt and strengthen labour inspection services and provincial monitoring units so as to ensure that the protection afforded by the Convention is enjoyed by children who work on their own account or in the informal economy. The Committee requests that the Government provide information on the measures taken and the results achieved in this regard.

2. Minimum age for admission to employment or work. Family work and casual work. The Committee previously noted that section 2(d) and (e) of Act No. 2/00 excludes family work and casual work from its scope of application. The Committee nevertheless noted that the Government did not intend to avail itself of the possibility, in accordance with Article 4 of the Convention, of excluding these two types of work from the scope of application of the Convention. It noted in this regard that, according to the information provided by the Government, the Government intended to develop an instrument covering family work and casual work in order to protect these categories of workers and to bring the national legislation into conformity with the Convention. The Committee nevertheless noted that the new General Labour Act No. 7/15 of 15 June 2015 also excludes family work and casual work from its scope of application (section 3). While noting that the Government’s report does not contain any information on this subject, the Committee once again requests the Government to indicate whether legislative instruments have been adopted to regulate family work and casual work, in particular with a view to establishing, in terms of the minimum age for admission to employment, the conditions in which children may perform this type of work. If so, the Committee requests that the Government communicate the texts of these instruments.

Article 2(3) and (4). Age of completion of compulsory schooling. The Committee notes with interest the adoption of the new Basic Act on the Education System of 2016, which increases the duration of compulsory schooling from six to nine years, or up to the age of 14 or 15 years. The Committee requests that the Government specify which provisions of the Act provide that the duration of compulsory schooling shall now be nine years.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted the adoption of Joint Executive Decree No. 171/10, which contains a list of 57 types of hazardous activities that children under the age of 18 years are prohibited from undertaking. The Committee notes the absence of information supplied in this regard and once again requests the Government to provide information on the application in practice of Decree No. 171/10, including statistical data on the number and nature of infringements reported and penalties imposed.

Article 9(3). Registers to be kept by the employer. The Committee previously noted the Government’s indication that, in principle, all enterprises keep a list of the persons who work for them and that labour inspectors may use this register to perform their tasks, in accordance with Decree No. 155/04. Noting that the Government’s report still does not contain any information in this regard, the Committee once again requests that the Government indicate which provisions of the national legislation require employers to keep a list of their employees under the age of 18 years. It also requests that the Government send a copy of Decree No. 155/04.