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

Minimum Age Convention, 1973 (No. 138) - Central African Republic (Ratification: 2000)

Other comments on C138

Observation

Direct Request

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The Committee notes the Government’s report. It also notes the detailed discussions that took place within the Committee on the Application of Standards during the 99th Session of the International Labour Conference in June 2010.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted that, according to UNICEF statistics for 2007, 57 per cent of children between five and 14 years of age are engaged in work in the Central African Republic (44 per cent of boys and 49 per cent of girls). It noted the Government’s indication that, in the context of the adoption of new Act No. 09.004 issuing the Labour Code of the Central African Republic in January 2009 (Labour Code of 2009), the Labour Department has worked on the preparation of texts to implement the Code. The Government indicated that a national policy aimed at progressively abolishing child labour and increasing the minimum age for admission to employment or work will be prepared once the implementing texts have been issued.

The Committee notes the Government’s statement that the National Council for the Protection of Children (CNPT) has been established under the direction of the Prime Minister with the task of assisting the Government in relation to coordination, support, advice and evaluation of policies and strategies concerning the protection of children. This Council is composed of various representatives of government ministries, members of development partnerships and members of NGOs. The Committee also notes that a study financed by UNICEF on violence connected with child labour, highlighting the different sectors of activity in which children are involved, has been published recently. However, the Committee notes that the implementing regulations for the Labour Code have still not been published and that consequently the national policy aimed at the progressive abolition of child labour has not been adopted to date.

While noting the establishment of the CNPT, the Committee expresses its deep concern at the considerable number of children under 14 years of age engaged in economic activity, and also at the lack of a national policy designed to combat this phenomenon. Observing that the Government has been referring to the adoption of a national policy aimed at the effective abolition of child labour for many years, the Committee endorses the conclusions of the Conference Committee on the Application of Standards and urges the Government to take the necessary measures to implement such a policy as soon as possible. It also requests the Government to provide a copy of the UNICEF study on violence connected with child labour with its next report.

Article 2(1). Scope of application and minimum age for admission to employment or work. Self-employment. The Committee previously noted that most children work in sectors of the informal economy, such as diamond workshops, porterage, or diving in search of diamonds. The Committee noted that the Labour Code of 2009 is not applicable to self-employed workers (section 2) but only governs professional relationships between workers and employers deriving from employment contracts (section 1). Noting the Government’s indication that the juvenile courts and the Children’s Parliament ensure the application of the protection envisaged by the Convention in respect of children who work on their own account, the Committee asked the Government to provide information on the manner in which the aforementioned bodies guarantee such protection.

The Committee observes that the Government’s report does not contain any information in this respect. However, it notes the Government’s indication that it is planning to take measures to adapt and strengthen the inspection services in such a way as to ensure protection for children working outside an employment relationship. The Committee observes that the Conference Committee on the Application of Standards, in its conclusions, noted with deep concern that an increasingly large number of children under 14 years of age are working in the informal economy and are often employed in hazardous work. Referring to the comments of the Conference Committee on the Application of Standards, the Committee urges the Government to take the necessary measures to strengthen the capacity of the labour inspection services in such a way as to guarantee the protection laid down in the Convention for children who work on a self employed basis. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the adoption in 2005 of the Plan of Action on Education for All (NPA–EFA), the objective of which is to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. The Committee observed that, according to UNICEF statistics for 2007, the net school enrolment rate for primary education was a source of deep concern, amounting to barely 53 per cent for boys and 38 per cent for girls. It asked the Government to supply information on the results achieved in the context of the NPA–EFA.

The Committee notes that the Government’s report does not contain any information on this matter. It observes that, according to UNESCO statistics for 2009, the net school enrolment rate for primary education appears to have increased slightly despite the fact that it remains relatively low, especially for girls (57 per cent for girls compared with 77 per cent for boys). However, the Committee notes that the proportion of children of primary school age (6–15 years) who do not attend school still remains substantial (33 per cent), as does the repetition rate in primary education, which stands at 24 per cent. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to continue its efforts to improve the operation of the education system in order to guarantee access to compulsory basic education for children under 14 years of age, especially girls. It again requests the Government to provide information on the measures taken and the results achieved in the context of the NPA–EFA.

Article 3(2). Minimum age for admission to hazardous types of work and determination of these types of work. The Committee previously noted that section 263 of the Labour Code of 2009 prohibits work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18 years of age. It also noted that section 261 of the Labour Code of 2009 provides that a joint order of the Minister of Labour and the Minister of Public Health, issued further to the opinion of the Standing National Labour Council, shall determine the nature of the types of work and the categories of enterprises prohibited for children and the age limit up to which this prohibition applies.

The Committee notes that the Government undertakes to adopt measures in the near future to determine the list of types of employment or work prohibited for persons under 18 years of age. Recalling that, under Article 3(2) of the Convention, hazardous types of work must be determined in consultation with the organizations of employers and workers concerned, the Committee endorses the conclusions of the Conference Committee on the Application of Standards and expresses the firm hope that the list of types of employment or work prohibited for children and young persons under 18 years of age will be adopted as soon as possible. It requests the Government to provide information on all progress made in this respect.

Article 9(3). Keeping of registers by employers. In its previous comments the Committee noted that, under section 331 of the Labour Code of 2009, the employer must always keep an up-to-date employment register containing the personal details and types of contract of all workers engaged in the enterprise. The employment register must be kept at the disposal of labour inspectors, who may require it to be produced at any time. However, the Committee noted that section 331 also provides that certain enterprises or establishments, as well as certain categories of enterprises or establishments, may be exempted from the obligation to keep an employment register by reason of their situation, their small size or the nature of their activity, by order of the Ministry of Labour further to an opinion of the Standing National Labour Council. The Committee reminded the Government that Article 9(3) of the Convention did not envisage such exemptions.

The Committee notes the Government’s indication that it undertakes to take account of these observations when adopting the implementing regulations for the Labour Code of 2009. Referring to the conclusions of the Conference Committee on the Application of Standards, the Committee urges the Government to take the necessary measures to ensure that the legislation is in conformity with the Convention, ensuring that no employer may be exempted from the obligation to keep a register of persons under 18 years of age employed by them or working for them.

The Committee is raising other points in a request addressed directly to the Government.