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Minimum Age Convention, 1973 (No. 138) - Senegal (RATIFICATION: 1999)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy and application of the Convention in practice. With reference to its earlier comments, the Committee notes the information contained in the Government’s report, according to which the principle actors concerned are not well versed in the national policy on child labour, which has prevented the successful implementation of the action foreseen under the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE 2012–17). The Government also adds that the PCNPETE has not received sufficient funding to apply the established strategy effectively.

The Committee notes the action undertaken with the support of the ILO through its International Programme on the Elimination of Child Labour. Other partners at operational level also participated in implementation of the PCNPETE, through action to withdraw and rehabilitate children in child labour, including the NGOs Concept and La Lumière in the Diouras at Kédougou and in the Saint-Louis fishing sector. In that instance, the children subject to child labour are cared for by local child protection mechanisms, established as part of the National Child Protection Strategy.

The Committee notes that although the last national survey on child labour dates from 2005, the Government does collect data, in particular by drawing up forms for distribution to the labour inspectors in the four PCNPETE pilot regions. The Committee again requests the Government to continue to combat child labour through implementing the PCNPETE. It also requests the Government to provide information on the various projects launched by other actors that may have an impact on the elimination of child labour. The Committee also requests the Government to take measures to ensure that sufficient updated data on the situation of child workers are available, for example using the data-collection forms, until the holding of a new national survey on child labour. It requests the Government to provide information on results in this regard.

Article 2(1). Minimum age for admission to employment or work. With reference to its previous comments, the Committee notes that the bill amending section L.145 of the Labour Code on the minimum age for admission to work was adopted by the Council of Ministers on 2 January 2019, but that the Government has not provided a copy thereof, nor of the ministerial orders that it mentions.

The Committee notes the that the Government refers to that the technical revision of Orders Nos. 3,748 to 3,751 of the Ministry of Labour, which will raise the minimum age for admission to employment or work from 15 to 16. Given that the Committee has been commenting on the bill amending section L.145 of the Labour Code on the minimum age of admission to employment or work for over 15 years, the Committee once again firmly hopes that the Government will take the necessary measures to ensure that its legislation is amended, as soon as possible, to bring it into conformity with the Convention and only providing for exemptions from the minimum age of admission to employment and work strictly in cases prescribed in the Convention. It requests the Government to provide information on progress made in this regard. The Committee also requests the Government to keep it informed of the revision of Orders Nos. 3,748 to 3,751.

Article 2(1). Scope of application and labour inspection. With regard to its previous comments, the Committee notes the project “Ensemble vers la Réforme du Travail” (Together towards Labour Reform), conducted under the partnership established between the ILO International Training Centre, Turin, the German Society for International Cooperation and Senegal and which aims to create a continuous training system for labour inspectors. This system targets a number of labour inspectors to represent each region and who will form a group of focal points known as “Task Force”, in order to reinforce the capacities of the entire labour inspection service in Senegal. During 2022, seven activities based on the ILO training methodology were undertaken. The project directly targets very small, small and medium-sized enterprises in the formal and informal economies of Senegal. The Committee requests the Government to provide detailed information on the results of the reinforcement of the labour inspection service undertaken to ensure monitoring of child labour, particularly in the informal economy, and to ensure that these children receive the protection provided under the Convention.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee recalls that in its previous comments it highlighted a contradiction between section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 relating to child labour, which provides that the minimum age for admission to hazardous types of work is 18 years, and Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of the hazardous types of work prohibited for children and young persons, which allows persons under 16 years of age to perform certain types of hazardous work.

The Committee notes the Government’s indication that it reiterates its commitment to correcting all points in the legislation that do not conform with the Convention through legislative reform, only providing for exemptions from the minimum age of admission to employment and work strictly in cases prescribed in the Convention. However, the Committee notes with deep concern that the legislative reform announced is still ongoing. Recalling once more that it has been raising this question since 2006, the Committee urges the Government to take the necessary measures to bring its legislation into conformity with the Convention without delay, in order to ensure that children of less than 16 years of age cannot be engaged in work in underground mines and quarries. The Committee also urges the Government to ensure that the conditions provided under Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the hazardous types of work covered by Order No. 3750 of 6 June 2003, including that they have received adequate specific instructions and training in the particular types of hazardous work. It requests the Government to provide copies of the regulatory texts concerned once they have been adopted.