Repetition

Legislation. The Committee notes the Government’s indication in its report that a new Labour Code has been drafted and is in the process of being adopted. The Committee hopes that its comments will be taken into account in the new draft Labour Code and that it will be adopted in the near future.

Article 2(1) of the Convention. Scope of application. The Committee had previously noted that according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. It had also noted that out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service.

The Committee notes the Government’s indication in its report that there are no children below the age of 14 working in the informal economy and that, for this reason, the legislation does not provide a protection mechanism for children working outside of a formal employment relationship. The Government further indicates that the few children who are working on their own account are street children and that draft legislation providing support for these children is awaiting adoption by the National Assembly. While noting the information provided by the Government, the Committee recalls that, in many countries, the very activities not covered by the legislation are those in which the majority of economically active children under the minimum age are engaged, such as domestic work and family work (see 2012 General Survey on the fundamental Conventions, paragraph 339). Therefore, the Committee requests that the Government take the necessary steps to ensure that children working outside of a formal employment relationship are protected as required by the Convention, especially children involved in domestic and family work. It also requests the Government to provide information on the content of the draft legislation for street children and to provide it with a copy once it has been adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted that the Basic Education System Law establishes a mandatory six years of free primary education and that six years of compulsory primary education may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work. It therefore encouraged the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment, which is 14 years, as a means of combating and preventing child labour.

The Committee notes the Government’s indication that, in partnership with the Portuguese cooperation authorities, it has established the “Escola+” project in the lower and upper secondary schools as part of the review of the education system with a view to increasing the age of completion of free compulsory education from 12 to 15 years of age. While noting the Government’s efforts to raise the age of completion of compulsory schooling, the Committee emphasizes the necessity of linking the age of admission to employment to the age limit for compulsory education. If the minimum age for admission to work or employment is lower than the age of completion of compulsory schooling, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see 2012 General Survey on the fundamental Conventions, paragraph 370). The Committee therefore strongly urges the Government to link the age of completion of compulsory education with the minimum age of admission to employment. It requests that the Government provide information on the outcome of the review of the education system, including progress made in raising the age of completion of compulsory schooling.

Article 3(2). Determination of hazardous work. Following its previous comments, the Committee notes that the Government and the social partners, in a joint effort with the ILO, have been implementing several activities aimed at combating child labour and that these activities have culminated in the production of an agreed list of types of work considered to be hazardous. The Government further indicates that the list will be made available with the new Labour Code and that it will provide a copy once it is published. The Committee once again expresses the hope that the draft list of types of hazardous work will be adopted in the near future. It requests that the Government provide information on any progress made in this regard and to provide a copy of the list, once it has been adopted.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that, as per section 132 of Act No. 6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses but that this Act does not establish the minimum age for apprenticeship programmes in undertakings.

The Committee notes the Government’s indication that under the new Labour Code, the National Assembly will be responsible for all legal procedures relating to apprenticeship programmes. The Government further indicates that there is no minimum age for entering into programmes in training centres but that there is a minimum level of education requested which can be completion of fourth, sixth or, in most cases, ninth grade. Whilst taking due note of the information regarding vocational training centres, the Committee notes that the Government has not provided information on the minimum age to enter apprenticeship programmes in undertakings and recalls that under Article 6 of the Convention, the minimum age should be set at 14 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that children below the age of 14 do not enter apprenticeship programmes in undertakings. It also requests the Government to provide information on whether the National Assembly has prescribed conditions under which apprenticeships may be undertaken and performed by children above the age of 14 years.

Article 7. Light work. The Government previously indicated that there are no exceptions to the minimum age with regard to light work. The Committee notes the Government’s statement that the new Labour Code will address this issue. The Committee recalls that under Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to 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 also recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee takes due note of the Government’s indications and expresses the firm hope that the new Labour Code will include provisions that regulate and determine the light work performed by children between 12 to 14 years of age.

Article 9(1). Penalties. The Committee had previously noted section 147 of Act No. 6/92 which establishes penalties of fines for the breach of section 128 (minimum age provision), section 129 (prohibition on hazardous work by minors) and section 133 (requiring employers to provide minor employees with working conditions appropriate to their age).

The Government indicates that, with the new Labour Code, the penalties for breach of these provisions will increase. However, the Committee once again notes that the Government did not provide information on the application in practice of penalties under section 147 of Act No. 6/92. Therefore, the Committee once again requests that the Government provide information on the application in practice of the penalties laid down under section 147 of Act No. 6/92 for the breach of the provisions related to employment of children under 14 years of age, including the number and nature of the penalties imposed in order to assess the adequateness of the penalties.

Article 9(3). Keeping of registers. The Committee had previously noted that there appears to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents, such as worker identification cards, that contain the details, including the name and age of the minors employed by them.

The Government indicates that employers have an obligation to send to the employment authorities information on workers above 14 years of age. It further indicates that a Memorandum of Understanding will soon be signed between the Ministry of Employment and Social Affairs and the Chamber of Commerce and that one of the measures taken will involve employers’ issuance of internal worker identification cards. The Committee recalls that one important tool used by labour inspectors to monitor the employment of young persons is the employers’ registers of employment. These registers (or similar documents) are required under Article 9(3) and should contain the names and ages (or dates of birth) of all persons employed under the age of 18. These registers are to be made available to labour inspectors, and consulting these registers may aid labour inspectors in the detection of violations related to child labour (see General Survey on fundamental Conventions, 2012, paragraph 404). The Committee therefore requests that the Government provide information on whether the internal worker identification cards will contain the names and ages or dates of birth of employees below the age of 18 and whether they will be made available to labour inspectors, in conformity with Article 9(3) of the Convention.

Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s statement that the Directorate of the Labour Inspection within the Ministry of Labour, Solidarity and Family, is responsible for monitoring the implementation of Act No. 6/92. The Government also indicated it would send copies of the reports concerning the activities undertaken by the Directorate according to Act No. 6/92.

The Committee notes from the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), that the labour inspectorate conducts inspections and imposes penalties on employers who illegally employ minors. The Committee recalls that information on the concrete activities of the labour inspectorate is necessary to assess how the Convention is being applied and enforced in practice. The Committee therefore once again requests that the Government provide extracts of reports or documents of the labour inspectorate indicating the number, nature and extent of violations detected concerning child labour. Recalling the importance of statistical data to assess the application of the Convention in practice, it also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of violations detected, investigation conducted and sanctions applied.

Repetition

Legislation. The Committee notes the Government’s indication in its report that a new Labour Code has been drafted and is in the process of being adopted. The Committee hopes that its comments will be taken into account in the new draft Labour Code and that it will be adopted in the near future.

Article 2(1) of the Convention. Scope of application. The Committee had previously noted that according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. It had also noted that out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service.

The Committee notes the Government’s indication in its report that there are no children below the age of 14 working in the informal economy and that, for this reason, the legislation does not provide a protection mechanism for children working outside of a formal employment relationship. The Government further indicates that the few children who are working on their own account are street children and that draft legislation providing support for these children is awaiting adoption by the National Assembly. While noting the information provided by the Government, the Committee recalls that, in many countries, the very activities not covered by the legislation are those in which the majority of economically active children under the minimum age are engaged, such as domestic work and family work (see 2012 General Survey on the fundamental Conventions, paragraph 339). Therefore, the Committee requests that the Government take the necessary steps to ensure that children working outside of a formal employment relationship are protected as required by the Convention, especially children involved in domestic and family work. It also requests the Government to provide information on the content of the draft legislation for street children and to provide it with a copy once it has been adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted that the Basic Education System Law establishes a mandatory six years of free primary education and that six years of compulsory primary education may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work. It therefore encouraged the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment, which is 14 years, as a means of combating and preventing child labour.

The Committee notes the Government’s indication that, in partnership with the Portuguese cooperation authorities, it has established the “Escola+” project in the lower and upper secondary schools as part of the review of the education system with a view to increasing the age of completion of free compulsory education from 12 to 15 years of age. While noting the Government’s efforts to raise the age of completion of compulsory schooling, the Committee emphasizes the necessity of linking the age of admission to employment to the age limit for compulsory education. If the minimum age for admission to work or employment is lower than the age of completion of compulsory schooling, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see 2012 General Survey on the fundamental Conventions, paragraph 370). The Committee therefore strongly urges the Government to link the age of completion of compulsory education with the minimum age of admission to employment. It requests that the Government provide information on the outcome of the review of the education system, including progress made in raising the age of completion of compulsory schooling.

Article 3(2). Determination of hazardous work. Following its previous comments, the Committee notes that the Government and the social partners, in a joint effort with the ILO, have been implementing several activities aimed at combating child labour and that these activities have culminated in the production of an agreed list of types of work considered to be hazardous. The Government further indicates that the list will be made available with the new Labour Code and that it will provide a copy once it is published. The Committee once again expresses the hope that the draft list of types of hazardous work will be adopted in the near future. It requests that the Government provide information on any progress made in this regard and to provide a copy of the list, once it has been adopted.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that, as per section 132 of Act No. 6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses but that this Act does not establish the minimum age for apprenticeship programmes in undertakings.

The Committee notes the Government’s indication that under the new Labour Code, the National Assembly will be responsible for all legal procedures relating to apprenticeship programmes. The Government further indicates that there is no minimum age for entering into programmes in training centres but that there is a minimum level of education requested which can be completion of fourth, sixth or, in most cases, ninth grade. Whilst taking due note of the information regarding vocational training centres, the Committee notes that the Government has not provided information on the minimum age to enter apprenticeship programmes in undertakings and recalls that under Article 6 of the Convention, the minimum age should be set at 14 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that children below the age of 14 do not enter apprenticeship programmes in undertakings. It also requests the Government to provide information on whether the National Assembly has prescribed conditions under which apprenticeships may be undertaken and performed by children above the age of 14 years.

Article 7. Light work. The Government previously indicated that there are no exceptions to the minimum age with regard to light work. The Committee notes the Government’s statement that the new Labour Code will address this issue. The Committee recalls that under Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to 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 also recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee takes due note of the Government’s indications and expresses the firm hope that the new Labour Code will include provisions that regulate and determine the light work performed by children between 12 to 14 years of age.

Article 9(1). Penalties. The Committee had previously noted section 147 of Act No. 6/92 which establishes penalties of fines for the breach of section 128 (minimum age provision), section 129 (prohibition on hazardous work by minors) and section 133 (requiring employers to provide minor employees with working conditions appropriate to their age).

The Government indicates that, with the new Labour Code, the penalties for breach of these provisions will increase. However, the Committee once again notes that the Government did not provide information on the application in practice of penalties under section 147 of Act No. 6/92. Therefore, the Committee once again requests that the Government provide information on the application in practice of the penalties laid down under section 147 of Act No. 6/92 for the breach of the provisions related to employment of children under 14 years of age, including the number and nature of the penalties imposed in order to assess the adequateness of the penalties.

Article 9(3). Keeping of registers. The Committee had previously noted that there appears to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents, such as worker identification cards, that contain the details, including the name and age of the minors employed by them.

The Government indicates that employers have an obligation to send to the employment authorities information on workers above 14 years of age. It further indicates that a Memorandum of Understanding will soon be signed between the Ministry of Employment and Social Affairs and the Chamber of Commerce and that one of the measures taken will involve employers’ issuance of internal worker identification cards. The Committee recalls that one important tool used by labour inspectors to monitor the employment of young persons is the employers’ registers of employment. These registers (or similar documents) are required under Article 9(3) and should contain the names and ages (or dates of birth) of all persons employed under the age of 18. These registers are to be made available to labour inspectors, and consulting these registers may aid labour inspectors in the detection of violations related to child labour (see General Survey on fundamental Conventions, 2012, paragraph 404). The Committee therefore requests that the Government provide information on whether the internal worker identification cards will contain the names and ages or dates of birth of employees below the age of 18 and whether they will be made available to labour inspectors, in conformity with Article 9(3) of the Convention.

Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s statement that the Directorate of the Labour Inspection within the Ministry of Labour, Solidarity and Family, is responsible for monitoring the implementation of Act No. 6/92. The Government also indicated it would send copies of the reports concerning the activities undertaken by the Directorate according to Act No. 6/92.

The Committee notes from the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), that the labour inspectorate conducts inspections and imposes penalties on employers who illegally employ minors. The Committee recalls that information on the concrete activities of the labour inspectorate is necessary to assess how the Convention is being applied and enforced in practice. The Committee therefore once again requests that the Government provide extracts of reports or documents of the labour inspectorate indicating the number, nature and extent of violations detected concerning child labour. Recalling the importance of statistical data to assess the application of the Convention in practice, it also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of violations detected, investigation conducted and sanctions applied.

Repetition

Legislation. The Committee notes the Government’s indication in its report that a new Labour Code has been drafted and is in the process of being adopted. The Committee hopes that its comments will be taken into account in the new draft Labour Code and that it will be adopted in the near future.

Article 2(1) of the Convention. Scope of application. The Committee had previously noted that according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. It had also noted that out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service.

The Committee notes the Government’s indication in its report that there are no children below the age of 14 working in the informal economy and that, for this reason, the legislation does not provide a protection mechanism for children working outside of a formal employment relationship. The Government further indicates that the few children who are working on their own account are street children and that draft legislation providing support for these children is awaiting adoption by the National Assembly. While noting the information provided by the Government, the Committee recalls that, in many countries, the very activities not covered by the legislation are those in which the majority of economically active children under the minimum age are engaged, such as domestic work and family work (see 2012 General Survey on the fundamental Conventions, paragraph 339). Therefore, the Committee requests that the Government take the necessary steps to ensure that children working outside of a formal employment relationship are protected as required by the Convention, especially children involved in domestic and family work. It also requests the Government to provide information on the content of the draft legislation for street children and to provide it with a copy once it has been adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted that the Basic Education System Law establishes a mandatory six years of free primary education and that six years of compulsory primary education may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work. It therefore encouraged the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment, which is 14 years, as a means of combating and preventing child labour.

The Committee notes the Government’s indication that, in partnership with the Portuguese cooperation authorities, it has established the “Escola+” project in the lower and upper secondary schools as part of the review of the education system with a view to increasing the age of completion of free compulsory education from 12 to 15 years of age. While noting the Government’s efforts to raise the age of completion of compulsory schooling, the Committee emphasizes the necessity of linking the age of admission to employment to the age limit for compulsory education. If the minimum age for admission to work or employment is lower than the age of completion of compulsory schooling, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see 2012 General Survey on the fundamental Conventions, paragraph 370). The Committee therefore strongly urges the Government to link the age of completion of compulsory education with the minimum age of admission to employment. It requests that the Government provide information on the outcome of the review of the education system, including progress made in raising the age of completion of compulsory schooling.

Article 3(2). Determination of hazardous work. Following its previous comments, the Committee notes that the Government and the social partners, in a joint effort with the ILO, have been implementing several activities aimed at combating child labour and that these activities have culminated in the production of an agreed list of types of work considered to be hazardous. The Government further indicates that the list will be made available with the new Labour Code and that it will provide a copy once it is published. The Committee once again expresses the hope that the draft list of types of hazardous work will be adopted in the near future. It requests that the Government provide information on any progress made in this regard and to provide a copy of the list, once it has been adopted.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that, as per section 132 of Act No. 6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses but that this Act does not establish the minimum age for apprenticeship programmes in undertakings.

The Committee notes the Government’s indication that under the new Labour Code, the National Assembly will be responsible for all legal procedures relating to apprenticeship programmes. The Government further indicates that there is no minimum age for entering into programmes in training centres but that there is a minimum level of education requested which can be completion of fourth, sixth or, in most cases, ninth grade. Whilst taking due note of the information regarding vocational training centres, the Committee notes that the Government has not provided information on the minimum age to enter apprenticeship programmes in undertakings and recalls that under Article 6 of the Convention, the minimum age should be set at 14 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that children below the age of 14 do not enter apprenticeship programmes in undertakings. It also requests the Government to provide information on whether the National Assembly has prescribed conditions under which apprenticeships may be undertaken and performed by children above the age of 14 years.

Article 7. Light work. The Government previously indicated that there are no exceptions to the minimum age with regard to light work. The Committee notes the Government’s statement that the new Labour Code will address this issue. The Committee recalls that under Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to 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 also recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee takes due note of the Government’s indications and expresses the firm hope that the new Labour Code will include provisions that regulate and determine the light work performed by children between 12 to 14 years of age.

Article 9(1). Penalties. The Committee had previously noted section 147 of Act No. 6/92 which establishes penalties of fines for the breach of section 128 (minimum age provision), section 129 (prohibition on hazardous work by minors) and section 133 (requiring employers to provide minor employees with working conditions appropriate to their age).

The Government indicates that, with the new Labour Code, the penalties for breach of these provisions will increase. However, the Committee once again notes that the Government did not provide information on the application in practice of penalties under section 147 of Act No. 6/92. Therefore, the Committee once again requests that the Government provide information on the application in practice of the penalties laid down under section 147 of Act No. 6/92 for the breach of the provisions related to employment of children under 14 years of age, including the number and nature of the penalties imposed in order to assess the adequateness of the penalties.

Article 9(3). Keeping of registers. The Committee had previously noted that there appears to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents, such as worker identification cards, that contain the details, including the name and age of the minors employed by them.

The Government indicates that employers have an obligation to send to the employment authorities information on workers above 14 years of age. It further indicates that a Memorandum of Understanding will soon be signed between the Ministry of Employment and Social Affairs and the Chamber of Commerce and that one of the measures taken will involve employers’ issuance of internal worker identification cards. The Committee recalls that one important tool used by labour inspectors to monitor the employment of young persons is the employers’ registers of employment. These registers (or similar documents) are required under Article 9(3) and should contain the names and ages (or dates of birth) of all persons employed under the age of 18. These registers are to be made available to labour inspectors, and consulting these registers may aid labour inspectors in the detection of violations related to child labour (see General Survey on fundamental Conventions, 2012, paragraph 404). The Committee therefore requests that the Government provide information on whether the internal worker identification cards will contain the names and ages or dates of birth of employees below the age of 18 and whether they will be made available to labour inspectors, in conformity with Article 9(3) of the Convention.

Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s statement that the Directorate of the Labour Inspection within the Ministry of Labour, Solidarity and Family, is responsible for monitoring the implementation of Act No. 6/92. The Government also indicated it would send copies of the reports concerning the activities undertaken by the Directorate according to Act No. 6/92.

The Committee notes from the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) that the labour inspectorate conducts inspections and imposes penalties on employers who illegally employ minors. The Committee recalls that information on the concrete activities of the labour inspectorate is necessary to assess how the Convention is being applied and enforced in practice. The Committee therefore once again requests that the Government provide extracts of reports or documents of the labour inspectorate indicating the number, nature and extent of violations detected concerning child labour. Recalling the importance of statistical data to assess the application of the Convention in practice, it also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of violations detected, investigation conducted and sanctions applied.

Repetition

Article 2(1) of the Convention. Scope of application. The Committee had previously noted that according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. It had also noted that, according to the Government’s Second Periodic Report of November 2008 to the Committee on the Rights of the Child (CRC), out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service. Noting the absence of information in the Government’s report, the Committee once again reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is an employment relationship and whether or not the work is remunerated. The Committee therefore once again requests the Government to provide information on the manner in which children who perform work outside the framework of a labour relationship, such as children working on their own account or in the informal economy, are afforded the protection established in the Convention.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted that, according to the Government’s Second Report to the CRC (paragraph 188), the Basic Education System Law establishes a mandatory six years of free primary education. It had noted that there is no information with regard to the age of completion of compulsory schooling. The Committee had further observed that six years of compulsory primary education, may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work.

Noting that the Government’s report does not contain any information on the age of completion of compulsory education, the Committee once again draws the Government’s attention to the fact that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory education comes to an end before the young persons are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (2012 General Survey on the fundamental Conventions, paragraph 371). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 3(2). Determination of hazardous work. Following its previous comments, the Committee notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a draft list of the types of hazardous work prohibited to children under 18 years of age has been prepared based on a study undertaken by a Brazilian consultant. The Committee expresses the firm hope that the draft list of types of hazardous work will be adopted in the near future. It requests the Government to provide information on any progress made in this regard. It also requests the Government to supply a copy of the list of hazardous work, once it has been adopted.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that, as per section 132 of Act No. 6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses. However, this Act does not indicate the minimum age for apprenticeship. It had also noted section 3(3) of Act No. 6/92 which states that the provisions related to the contract of apprenticeship shall be governed by separate law. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether any regulations, pursuant to section 3(3) of Act No. 6/92 on apprenticeship programmes, have been adopted and, if so, to provide a copy thereof. It also requests the Government to provide information on the minimum age for entering an apprenticeship programme as well as the conditions under which apprenticeships may be undertaken and performed by minors.

Article 7. Light work. The Committee had noted the Government’s indication that there are no exceptions to the minimum age with regard to light work. However, referring to the Government’s information in its Second Report to the CRC that 8 per cent of children under the minimum age of 14 years are engaged in work in Sao Tome and Principe, the Committee once again reminds the Government that, pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to 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 also recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to indicate if it would envisage the possibility of adopting provisions to regulate and determine the light work activities performed by children over 12 years of age.

Article 9(1). Penalties. The Committee had previously noted section 147 of Act No. 6/92 which establishes penalties of fines for the breach of section 128 (minimum age provision), section 129 (prohibition on hazardous work by minors) and section 133 (requiring employers to provide minor employees with working conditions appropriate to their age). Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of the penalties laid down under section 147 of Act No.6/92 for the breach of the provisions related to employment of children under 18 years of age, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee had previously noted that there appear to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents that contain the details, including the name and age of the minors employed by them. Noting the absence of information in the Government’s report, the Committee once again reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention.

Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s statement that the Directorate of the Labour Inspection within the Ministry of Labour, Solidarity and Family, is responsible for monitoring the implementation of Act No. 6/92. It had further noted that according to section 2 of the Labour Inspection Act, the labour inspectorate is competent to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe.

The Committee notes the Government’s indication that it will send copies of the reports concerning the activities undertaken by the Directorate according to Act No. 6/92. The Committee hopes that the reports on the activities of the labour inspectorate concerning the monitoring of child labour will be sent by the Government along with its next report. It also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of violations detected, investigation conducted and sanctions applied.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that Act No. 6/92 on the Legal System on Individual Working Conditions (Act No. 6/92) contains provisions for protecting children from economic exploitation at work. It also notes that the Constitution of Sao Tome and Principe sets out certain rights of children including their right to education, and special protection for young workers in order to render effective their economic, social and cultural rights (articles 51, 52 and 53). The Committee, notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 July 2004 (CRC/C/15/Add.235, paragraph 54(c)), recommended the State party to take all the necessary measures to enforce the law prohibiting the employment of children, including by developing programmes to encourage children to go to school or to have access to informal education. The Committee requests the Government to indicate the measures taken or envisaged for the effective abolition of child labour, and the results achieved.

Article 2(1). Scope of application. The Committee notes that, according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. The Committee notes that, according to the Government’s Second Periodic Report of November 2008 to the CRC on the implementation of the Convention of the Rights of the Child (Second Report to CRC), out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service. It reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is an employment relationship and whether or not the work is remunerated. The Committee requests the Government to provide information on the manner in which children who perform work outside the framework of a labour relationship, such as children working on their own account or in the informal sector, are afforded the protection established in the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that, according to the Government’s Second Report to the CRC (paragraph 188), the Basic Education System Law establishes a mandatory six years of free primary education. The Committee notes that there is no information with regard to the age of completion of compulsory schooling. The Committee, notes, however, that according to the Government’s initial report of 1 December 2003 to the CRC (CRC/C/8/Add.49, paragraph 50) the general education system as stipulated in Decree No. 53/88 includes five years of primary education for children aged between 6 and 14 years, five years of basic secondary education for children aged 12 to 17 years, and three years of pre-university education. The Committee therefore observes that six years of compulsory primary education, may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work. The Committee considers that the requirement set out in Article 2(3) of the Convention is fulfilled since the minimum age for employment (14 years for Sao Tome and Principe) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory education comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness. The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore encourages the Government to pursue its efforts to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 129 of Act No. 6/92 prohibits the employment of minors under the age of 18 in heavy work and work likely to jeopardize their health or safety as well as underground work. It also notes that overtime work (sections 44 and 135) and night work (section 134) are also prohibited for minors. Section 129(2) further stipulates that special regulations will specify the types of work prohibited to minors. The Committee requests the Government to indicate whether any regulation determining the types of hazardous work prohibited to minors has been adopted, pursuant to section 129(2) of Act No. 6/92 and, if so, to provide a copy of the same.

Article 6. Apprenticeship and vocational training. The Committee notes that, as per section 132 of Act No. 6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses. However, this Act does not indicate the minimum age for apprenticeship. It also notes that section 3(3) of Act No. 6/92 states that the provisions related to the contract of apprenticeship shall be governed by separate law. The Committee requests the Government to indicate whether any regulations, pursuant to section 3(3) of Act No. 6/92 on apprenticeship programmes, have been adopted and, if so, to provide a copy of the same. It also requests the Government to provide information on the minimum age for entering an apprenticeship programme as well as the conditions under which apprenticeships may be undertaken and performed by minors.

Article 7. Light work. The Committee notes the Government’s indication that there are no exceptions to the minimum age with regard to light work. However, referring to the Government’s information in its Second Report to the CRC that 8 per cent of children under the minimum age of 14 years are engaged in work in Sao Tome and Principe, the Committee reminds the Government that, pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to 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 also recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to indicate if it would envisage the possibility of adopting provisions to regulate and determine the light work activities performed by children over 12 years of age.

Article 8. Artistic performances. The Committee notes the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. It recalls that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. Such permits shall limit the number of hours of employment or work authorized and shall prescribe the conditions for such work. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to provide information on the measures taken or envisaged for the grant of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who participate in artistic performances.

Article 9(1). Penalties. The Committee notes that section 147 of Act No. 6/92 establishes penalties of fines ranging from 10,000 Sao Tome and Principe dobras (STD) to STD50,000 for the breach of section 128 (minimum age provision), and a fine of STD5,000 to STD20,000 for the breach of section 129 (prohibition on hazardous work by minors). In addition, section 147(2) stipulates that, in the case of a breach of section 133 requiring employers to provide minor employees with working conditions appropriate to their age, a penalty of STD2,000 up to STD500,000 shall be imposed depending on the number of workers affected by the breach. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that there appear to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents that contains the details, including the name and age of the minors employed by them. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes that, according to the Government’s report, the Directorate of Labour, Employment and Vocational Training and the labour inspectorate, which operate in conjunction with the Ministry of Labour, Solidarity and Family, are the bodies responsible for monitoring the implementation of Act No. 6/92. It notes that section 1 of the Labour Inspection Act defines the labour inspectorate as a centralized service of prevention and supervision of conditions of labour, hygiene, safety and health at work, amongst others. Section 2 of the Labour Inspection Act further states that the labour inspectorate is competent to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe. The Committee requests the Government to provide further information on the functioning of the labour inspectorate under the Labour Inspection Act in monitoring compliance of the child labour provisions, especially in the informal sector.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of contraventions reported and on the sanctions applied.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that Act No. 6/92 on the Legal System on Individual Working Conditions (Act No. 6/92) contains provisions for protecting children from economic exploitation at work. It also notes that the Constitution of Sao Tome and Principe sets out certain rights of children including their right to education, and special protection for young workers in order to render effective their economic, social and cultural rights (articles 51, 52 and 53). The Committee, notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 July 2004 (CRC/C/15/Add.235, paragraph 54(c)), recommended the State party to take all the necessary measures to enforce the law prohibiting the employment of children, including by developing programmes to encourage children to go to school or to have access to informal education. The Committee requests the Government to indicate the measures taken or envisaged for the effective abolition of child labour, and the results achieved.

Article 2(1). Scope of application. The Committee notes that, according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. The Committee notes that, according to the Government’s Second Periodic Report of November 2008 to the CRC on the implementation of the Convention of the Rights of the Child (Second Report to CRC), out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service. It reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is an employment relationship and whether or not the work is remunerated. The Committee requests the Government to provide information on the manner in which children who perform work outside the framework of a labour relationship, such as children working on their own account or in the informal sector, are afforded the protection established in the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that, according to the Government’s Second Report to the CRC (paragraph 188), the Basic Education System Law establishes a mandatory six years of free primary education. The Committee notes that there is no information with regard to the age of completion of compulsory schooling. The Committee, notes, however, that according to the Government’s initial report of 1 December 2003 to the CRC (CRC/C/8/Add.49, paragraph 50) the general education system as stipulated in Decree No. 53/88 includes five years of primary education for children aged between 6 and 14 years, five years of basic secondary education for children aged 12 to 17 years, and three years of pre-university education. The Committee therefore observes that six years of compulsory primary education, may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work. The Committee considers that the requirement set out in Article 2(3) of the Convention is fulfilled since the minimum age for employment (14 years for Sao Tome and Principe) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory education comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness. The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore encourages the Government to pursue its efforts to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 129 of Act No. 6/92 prohibits the employment of minors under the age of 18 in heavy work and work likely to jeopardize their health or safety as well as underground work. It also notes that overtime work (sections 44 and 135) and night work (section 134) are also prohibited for minors. Section 129(2) further stipulates that special regulations will specify the types of work prohibited to minors. The Committee requests the Government to indicate whether any regulation determining the types of hazardous work prohibited to minors has been adopted, pursuant to section 129(2) of Act No. 6/92 and, if so, to provide a copy of the same.

Article 6. Apprenticeship and vocational training. The Committee notes that, as per section 132 of Act No.6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses. However, this Act does not indicate the minimum age for apprenticeship. It also notes that section 3(3) of Act No. 6/92 states that the provisions related to the contract of apprenticeship shall be governed by separate law. The Committee requests the Government to indicate whether any regulations, pursuant to section 3(3) of Act No. 6/92 on apprenticeship programmes, have been adopted and, if so, to provide a copy of the same. It also requests the Government to provide information on the minimum age for entering an apprenticeship programme as well as the conditions under which apprenticeships may be undertaken and performed by minors.

Article 7. Light work. The Committee notes the Government’s indication that there are no exceptions to the minimum age with regard to light work. However, referring to the Government’s information in its Second Report to the CRC that 8 per cent of children under the minimum age of 14 years are engaged in work in Sao Tome and Principe, the Committee reminds the Government that, pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to 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 also recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to indicate if it would envisage the possibility of adopting provisions to regulate and determine the light work activities performed by children over 12 years of age.

Article 8. Artistic performances. The Committee notes the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. It recalls that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. Such permits shall limit the number of hours of employment or work authorized and shall prescribe the conditions for such work. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to provide information on the measures taken or envisaged for the grant of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who participate in artistic performances.

Article 9(1). Penalties. The Committee notes that section 147 of Act No. 6/92 establishes penalties of fines ranging from 10,000 dobras (Dbs) to Dbs50,000 for the breach of section 128 (minimum age provision), and a fine of Dbs5,000 to Dbs20,000 for the breach of section 129 (prohibition on hazardous work by minors). In addition, section 147(2) stipulates that, in the case of a breach of section 133 requiring employers to provide minor employees with working conditions appropriate to their age, a penalty of Dbs2000 up to Dbs500,000 shall be imposed depending on the number of workers affected by the breach. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that there appear to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents that contains the details, including the name and age of the minors employed by them. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes that, according to the Government’s report, the Directorate of Labour, Employment and Vocational Training and the labour inspectorate, which operate in conjunction with the Ministry of Labour, Solidarity and Family, are the bodies responsible for monitoring the implementation of Act No. 6/92. It notes that section 1 of the Labour Inspection Act defines the labour inspectorate as a centralized service of prevention and supervision of conditions of labour, hygiene, safety and health at work, amongst others. Section 2 of the Labour Inspection Act further states that the labour inspectorate is competent to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe. The Committee requests the Government to provide further information on the functioning of the labour inspectorate under the Labour Inspection Act in monitoring compliance of the child labour provisions, especially in the informal sector.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of contraventions reported and on the sanctions applied.