Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Age Convention, 1973 (No. 138) - Ethiopia (Ratification: 1999)

Other comments on C138

Observation

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Article 1 of the Convention and Part V of the report form. National policy designed to ensure the effective abolition of child labour and practical application of the Convention. In its previous comments, the Committee noted the data from the 2001 National Child Labour Survey indicating that 15.5 million children (84.5 per cent of the child population) were engaged in economic activities, and 12.6 million of these children (81.2 per cent) were under the age of 15. The Committee also noted the information in National Labour Force Survey of 2004–05 (NLFS) that 46.4 per cent of boys and 35 per cent of girls in rural areas, between the ages of 5 and 14, did not attend school and were engaged only in economic activity. The Committee further noted that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 1 November 2006, expressed deep concern at the prevalence of child labour among young children including those as young as five (CRC/C/ETH/CO/3, paragraph 71). Nonetheless, the Committee noted that one of the six main components of the Government’s “National Plan of Action for Children 2003–10 and beyond” (NPA for Children) was to reduce child labour.

The Committee notes the information in the Government’s report that, pursuant to the NPA for Children, a draft “National Plan of Action for the Elimination of the Worst Forms of Child Labour 2010–14” (NPA on WFCL) was prepared. The Government indicates that procedures, protocols and guidelines were developed to ensure the practical applicability of the NPA on WFCL, and that this has been tested through a pilot project. The Government states that these two NPA’s provide a framework to give effect to the provisions of the Convention. The Committee also notes the Government’s indication that the celebration of both Children’s Day and the World Day against Child Labour served to raise awareness on child labour issues. The Committee further notes the Government’s statement that, as the number of children attending school (both in rural and urban areas) is increasing, the likelihood of children under 14 being engaged in economic activities is decreasing. The Government also states that it is implementing the Convention to the extent that its capacity permits. Lastly, the Committee notes the information in the ILO Decent Work Country Programme for Ethiopia (2009–12) that this Programme includes technical support for the drafting of sectoral child labour action plans as part of ongoing technical cooperation programmes, in addition to providing support to the Ministry of Labour and Social Affairs and social partners to develop a national child labour policy. While noting the constraints faced by the Government, the Committee urges the Government to strengthen its efforts to combat child labour through the effective implementation of the NPA on Children and the NPA on WFCL. In this regard, the Committee requests the Government to provide information on the concrete measures taken within the framework of these two NPA’s, to ensure that, in practice, children under the minimum age of 14 do not work. It requests the Government to provide information on the results achieved, particularly with regard to reducing the number of working children under the minimum age.

Article 2(1). Scope of application. The Committee previously observed that the provisions of Labour Proclamation No. 377/2003 do not cover work performed outside of an employment relationship. It also noted the information from the NLFS that approximately 1.57 per cent of economically active children (approximately 139,404 children between the ages of 5 and 14) were self-employed. The Committee further noted the Government’s acknowledgement that the labour legislation did not cover children who work on their own account, but that measures would be taken in this regard.

The Committee notes the Government’s statement that the various social measures it has taken which target children are meant to contribute towards the reduction of children engaged in work on a self-employed basis. The Government indicates that, in addition to the NPA on Children, it is implementing an Orphan and Vulnerable Children Programme, a poverty reduction programme and that it is providing educational, health and sanitation services. The Committee also notes the Government’s statement that it is committed to improving the lives of children, including those working on their own account, and that ILO support is important in this regard. While taking due note of this information, the Committee observes the information in the Decent Work Country Programme (2009–12) that the majority of working children work in agriculture and in various sectors of the urban informal economy. The Committee also notes the information from the NLFS, that only 2.14 per cent of working children are in formal labour relationships. In this regard, the Committee once again recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour relationship or not, and whether it is remunerated or not. It therefore requests the Government to strengthen its efforts to ensure that children working on their own account, in agriculture and in the urban informal economy benefit from the protection of the Convention. It requests the Government to continue to provide information on the measures taken in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that the CRC, in its 1 November 2006 concluding observations, expressed serious concern that primary education in Ethiopia was neither free nor compulsory, and that net enrolment remained very low (CRC/C/ETH/CO/3, paragraph 63). The Committee also noted that, according to the NLFS, 36.3 per cent of children between the ages of 5 and 14 engaged only in economic activity and did not attend school. However, the Committee also noted the Government’s indication that primary school drop-out rates had been reduced and that there had been an increase in enrolment rates at the primary and secondary levels.

The Committee notes the Government’s indication that it has given priority to improving the education system, and has increased the funding to this sector from 16.7 per cent of its total budgetary allocation (in 2004–05) to 22.8 per cent (in 2008–09). The Government also indicates that it has significantly increased the number of schools at the primary and secondary levels between 2003 and 2009, in addition to reducing the primary pupil-to-teacher ratio. The Government further indicates that the net enrolment rate for primary education has increased from 68.5 per cent (in 2004–05) to 83.4 per cent (in 2007–08). Moreover, the Committee notes the information from UNESCO’s Education for All Global Monitoring Report of 2011 that the total number of out-of-school children of primary school age has decreased significantly from 6,481,000 children in 1999 to 2,732,000 children in 2008. However, the Committee notes the Government’s statement that, while primary education is free of charge, the age of completion of compulsory schooling will be determined by the level of development in the country.

While taking due note of the Government’s efforts to strengthen the functioning of the education system, the Committee notes the Government’s indication that while education is free at the primary level, it is not compulsory. In this regard, the Committee observes that there remain a significant number of children under the minimum age who are not attending, or who have dropped out of school. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to take the necessary measures, within the framework of its efforts to strengthen the education system, to provide for compulsory education up to the minimum age of admission to employment of 14 years. The Committee requests the Government to provide information on any developments in this regard.

Article 3. Hazardous work. The Committee previously observed that the decree issued by the Minister of Labour and Social Affairs of 2 September 1997 concerning the prohibition of work for young workers, (and containing a list of types of prohibited hazardous work) did not apply to persons who carry out such activities in the course of professional education in vocational centres. It also noted that, while section 89(4) of Labour Proclamation No. 377/2003 prohibits young workers (persons between 14 and 18 years) from engaging in work which endangers their life or health, section 89(5) thereof specifies that this prohibition does not apply to young workers following courses in vocational schools. The Committee therefore observed that workers between the ages of 14 and 18 were not prohibited from engaging in hazardous work while they were following courses in vocational schools.

The Committee notes the Government’s statement that it plans to consult with its social partners and other stakeholders to review the directive concerning the prohibition of work for young workers. In this regard, the Committee draws the Government’s attention to Article 3(1) of the Convention, which states that the minimum age of admission to hazardous work shall not be less than 18 years. Additionally, the Committee reminds the Government that the exception outlined in Article 3(3) of the Convention provides that national laws or regulations may authorize hazardous work for young persons over the age of 16 (following consultation with the organizations of employers and workers concerned) provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore urges the Government to consider Article 3(1) and (3) of the Convention during its upcoming review of the directive concerning the prohibition of work for young persons. It requests the Government to take the necessary measures to ensure that the review of the directive results in a prohibition on young persons under 18 years of age who are following courses in vocational schools (or under 16 years under the specific conditions set forth in Article 3(3)) from carrying out hazardous work.