Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - Gambia (Ratification: 2000)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee previously requested the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour. The Committee notes the Government’s indication in its report that, since 2010, significant progress was made in expanding access to lower basic education (age group 7–12 years) and a new Education Sector Policy (2016–2030) was adopted. The Government also indicates that the analysis of the Labour Force Survey 2018 shows that 58 per cent of working children had a primary level of education, while 30 per cent had no schooling. Increasing enrolment will continue to depend on attracting children from the lower income groups, for whom the cost of education to households is seen as a barrier to attending school. The Committee notes that a draft national Child Protection Strategy (2016–2020) was developed and that the Gambia National Development Plan (2018–2021) adopted by the Government foresees the existence of a child labour policy. It further notes that the Decent Work Country Programme (DWCP) 2018–21 includes a specific outcome on the progressive elimination of child labour, notably through the development and implementation of all child labour related policies, increased awareness campaigns, collection and analysis of data on the subject, promotion of basic education and skills development training programmes for children working in the informal sector. The Committee requests the Government to provide information on the actions undertaken and the results achieved to ensure the progressive elimination of child labour both in the formal and the informal economy within the framework of the implementation of the above-mentioned policies and the DWCP. It further requests the Government to continue to provide information on the practical application of the Convention, particularly statistical data on the situation of working children in Gambia, disaggregated by gender and age group on the nature, extent and trends of the labour of children and young persons working below the minimum age. Lastly, the Committee requests the Government to provide information on any progress made regarding the adoption of a Child Labour Policy, and to provide a copy thereof once adopted.

Article 2(3). Compulsory education. With regard to its request to the Government concerning the measures taken to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children from being engaged in child labour, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182). Concerning the duration of compulsory education, the Committee notes with regret the absence of information on this issue in the Government’s report. Recalling the Government had previously indicated that there is no age of completion of compulsory education, but that the duration of compulsory education is nine years, the Committee once again requests the Government to indicate the legal provisions which provide for compulsory education for a period of nine years, and to provide a copy thereof.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect of this excluded category. The Committee notes with regret the absence of information on this issue in the Government’s report. The Committee notes the information provided by the Government in its report submitted to the UN Human Rights Council in July 2019, according to which a legislative reform process is being implemented to review the laws in line with international best practices and obligations, in particular, the Children’s Act and the Labour Act (A/HRC/WG.6/34/GMB/1, paragraphs 34 and 35). The Committee requests the Government to provide information on the outcome of consultations with the employers’ and workers’ organizations regarding this issue and on any changes in law and practice in respect of this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention and asked the Government to indicate the progress made towards a wider application of the provisions of the Convention. The Committee notes with regret the absence of information on this issue in the Government’s report. The Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

The Committee encourages the Government to take into consideration, during the review of the Labour Act 2007 and of the Children’s Act 2005, the Committee’s comments and asks the Government to provide any information on progress made in this regard.