Comments adopted by the CEACR: Sao Tome and Principe

Repetition

Article 2 of the Convention. Minimum wages. The Committee notes the Government’s indication, in its report, concerning the adoption of Decree No. 2/2016 establishing the new national minimum wage and salary scale for the public sector. It further takes note of sections 237 to 243 of the Labour Code, adopted through Act No. 6/2019 of 16 November 2018, on the national minimum wage. The Committee asks the Government to provide information on the wage-fixing methods and mechanisms used in practice to establish and revise the national minimum wages and the impact of such measures on the gender wage gap. It asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage in the private sector, as well as the distribution of women and men in all the grades of the new salary scale in the public sector and their remuneration levels. The Committee also asks the Government to provide information on any awareness-raising activities carried out on the application of the principle of the Convention, in the context of the setting of national minimum wages, including in collaboration with employers’ and workers’ organizations, as well as on any case or complaint regarding a lack of compliance to pay the minimum wage reported or detected by the labour inspectorate and the penalties imposed.

Article 3. Objective job evaluation. The Committee notes that section 22(3) of the Labour Code provides that job description and job evaluation systems should be based on objective criteria which are common to men and women in order to exclude any discrimination based on sex. The Committee recalls that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see General survey of 2012 on the fundamental Conventions, paragraphs 695 and 701). The Committee asks the Government to provide information on the practical application of section 22(3) of the Labour Code, by indicating the steps taken to promote, develop and implement practical methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value.

Repetition

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments. For many years, the Committee has been drawing the Government’s attention to the fact that article 43(a) of the Constitution does not fully reflect the principle of the Convention as it only guarantees “equal wages for equal work”. Referring to its previous comments where it noted that a draft General Labour Act had been prepared and submitted to the Office for comments, the Committee notes with interest the adoption of the Labour Code through Act No. 6/2019 of 16 November 2018, and notes that the provisions on equality and non-discrimination apply to public sector employees (section 3). It notes, in particular, that section 22(1) of the Labour Code provides for equal working conditions for men and women, in particular with regard to pay, and that section 234(5) provides that “all workers of the same company under identical contractual conditions are entitled to receive equal pay for work of equal value, any wage discrimination being prohibited”. The Committee wishes to point out that while the new provisions guarantee “equal pay for work of equal value”, the formulation used under section 234(5) of the Labour Code which requires “identical contractual conditions” is narrower than the principle of the Convention. It recalls that while factors such as complexity, responsibility, difficulty and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. The principle of the Convention requires equal remuneration for “equal”, “the same” or “similar work”, but also addresses situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on fundamental Conventions, paragraphs 676–679). Furthermore, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value should not be limited to comparisons between men and women in the same company, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey of 2012, paragraphs 697 and 698). Regretting that the adoption of the Labour Code has not been taken as an opportunity to give full legislative expression to the principle of the Convention, the Committee asks the Government to consider amending section 234(5) of the Labour Code to ensure that when determining whether two jobs are of equal value: (i) the overall value of the job is considered without limiting the comparison to «identical contractual conditions», and the definition allows for the jobs of an entirely different nature to be compared free from gender bias; and (ii) the scope of comparison goes beyond the same company. The Committee also asks the Government to provide information on the practical application of article 43(a) of the Constitution and sections 22(1) and 234(5) of the Labour Code, including any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the courts or any other competent authorities, specifying the penalties imposed and the compensation awarded. It asks the Government to provide information on any awareness-raising activities undertaken on the new legislative provisions and the principle of the Convention, including in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. Assessing and addressing the gender wage gap. The Committee has repeatedly emphasized the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to be in a position to assess the application of the Convention by adequately evaluating the nature, extent and causes of the gender wage gap. The Committee once again notes with regret the absence of information provided by the Government in this regard. It notes that, according to the last available statistical information, women are more often affected by poverty than men (71.3 per cent and 63.4 per cent, respectively, in 2010). Furthermore, in 2012, the women’s labour force participation rate was nearly twice as low as men’s (41.3 per cent and 75.4 per cent, respectively), with women being mostly concentrated in low-qualifications jobs such as unskilled labour force (71 per cent), domestic workers (94 per cent) and services or trade (58.9 per cent of women). It further notes that women are mostly working in the informal economy, which affects 75.7 per cent of the economically active population, characterized by low wages and the lack of social protection. The Committee notes that the Decent Work Country Programme (DWCP) for 2018–21, adopted in July 2018, sets as a specific objective the promotion of productive employment for all, in particular for young people and women, including by raising awareness and encouraging transition from informal to formal economy, enhancing women’s entrepreneurship and access to vocational training, as well as strengthening the National Statistics Institute (INE). Noting that a National Statistical Development Strategy (ENDE) for 2018–21, adopted in February 2018, is currently implemented, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891). Consequently, the Committee asks the Government to provide information on any measures undertaken to assess and address the gender wage gap, both in the formal and informal economy, in the framework of the DWCP or otherwise. The Committee trusts that the Government will be soon in a position to provide relevant information that would permit an assessment of the remuneration levels of men and women and wage differentials. It again asks the Government to provide updated information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the public and private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. In response to the Committee’s long-standing indication that workers’ and employers’ organizations play an important role with respect to giving effect to the provisions of the Convention, the Government reiterates, in its report, that social partners play an important role in the effective implementation of international standards and national legislation. The Government adds that a revision of Act No.1/99 on the National Council for Social Dialogue (CNCS) is planned. The Committee notes that the DWCP for 2018–21 sets as a specific objective the strengthening of the CNCS and other institutions of social dialogue, as well as capacity-building of the tripartite constituents to promote, inter alia, gender equality and non-discrimination. The Committee asks the Government to provide information on any progress made in the revision of Act No. 1/99 on the CNCS, as well as on any capacity-building activities of employers’ and workers’ organizations undertaken, in the framework of the DWCP or otherwise, to promote gender equality and non-discrimination. In light of the absence of legislation giving full expression to the principle of the Convention, the Committee again asks the Government to seek the cooperation of employers’ and workers’ organizations with regard to the amendment of the legislative framework, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. It asks the Government to provide information on any progress made in this regard.

Repetition

Article 1(1)(b) of the Convention. Additional ground of discrimination. Disability. The Committee notes that sections 16, 17 and 283(1) of the Labour Code, adopted through Act No. 6/2019 of 16 November 2018, prohibit discrimination on the ground of disability in employment and occupation. It further notes that, according to sections 283(2) and (3) and 284 of the Labour Code, the State and the employer shall promote adequate measures to enhance the access of persons with disability to employment and vocational training. The Committee also refers to its 2017 observation on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), where it noted that section 27(2) of the Basic Act for Persons with Disabilities No. 7/2012 establishes a quota system for the employment of persons with disabilities in the public and private sectors. The Committee asks the Government to provide information on the practical application of sections 16, 17, 283 and 284 of the Labour Code and section 27(2) of the Basic Act for Persons with Disabilities, including on their impact on ensuring equality of opportunity and treatment of persons with disabilities in employment and occupation. It further asks the Government to provide statistical information on the number of people with disabilities employed in the public and private sectors, disaggregated by sex.

Article 2. General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5(2). Affirmative action measures. The Committee notes that section 19 of the Labour Code provides that affirmative action measures of a temporary nature for specific disadvantaged groups, for reasons such as sex, reduced working capacity, disability or chronic illness, nationality or ethnic origin, determined by the legislation, are not considered as discrimination. The Committee asks the Government to provide information on the practical application of section 19 of the Labour Code, and the adoption and implementation in practice of any affirmative action measures with the objective of ensuring equality of opportunity and treatment in respect of employment and occupation. It asks the Government to indicate how it is ensured that any affirmative action measures envisaged is adopted after consultation with employers’ and workers’ organizations, pursuant to Article 5(2) of the Convention.

Repetition

Articles 1 and 2 of the Convention. Legislative developments. The Committee has been requesting the Government to ensure that the draft General Labour Act, which was under preparation, would include a prohibition of direct and indirect discrimination at all stages of the employment process and on all the grounds listed in Article 1(1)(a) of the Convention. The Committee notes with satisfaction the adoption of the Labour Code, through Act No. 6/2019 of 16 November 2018, and more particularly sections 15–17, which define and prohibit both direct and indirect discrimination in access to employment, vocational training and promotion and working conditions, based on the grounds of ancestry and social origin, race, colour, age, sex, sexual orientation, marital status, family status, genetic heritage, reduced working capacity, disability or chronic illness, nationality, ethnic origin, religion, political or ideological beliefs and trade union membership. It further notes that section 18 of the Labour Code defines and prohibits both quid pro quo and hostile work environment sexual harassment, which is expressly defined as a form of discrimination. It notes that, in accordance with section 20, any employee or jobseeker adversely affected by discriminatory practices would be entitled to receive compensation. The Committee notes that, pursuant to section 3(1)(a) and (2) of Act No. 6/2019, the provisions on equality and non-discrimination and sexual harassment at the workplace apply to public employees. In that respect, it further notes the adoption of Act No. 2/2018 of 22 November 2017, amending Act No. 5/1997 on the Civil Service Statute, and more particularly new section 52(B)(1)(e), which provides that civil servants are prohibited from exerting pressure, threatening or harassing other officials or agents or subordinates that may affect the dignity of the person, or include malicious actions. The Committee asks the Government to provide information on the application in practice of sections 15–18 and 20 of the Labour Code, as well as section 52(B)(1)(e) of the Civil Service Statute. The Committee also asks the Government to provide information on any concrete measures taken to raise public awareness and understanding of the relevant new legislative provisions, the procedures and remedies available, in particular for employers, workers and the general public. It asks the Government to provide detailed information on the number and nature of cases of direct and indirect discrimination in employment and occupation dealt with by labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Policies and institutions. The Committee previously noted the adoption of the National Strategy for Gender Equality and Equity (ENIEG) for 2007–12, dealing with issues relating to women’s equality in the world of work, as well as the establishment of the National Institute for the Promotion of Gender Equality and Equity (INPG) under the Ministry of Labour to implement the ENIEG. Referring to its previous request concerning statistical information on the participation of men and women in vocational training and the labour market, the Committee notes the Government’s general indication, in its report, that such information is not available so far, but that women’s access to decision-making positions and vocational training has improved. The Committee however notes that, according to the latest available statistical information from the National Statistics Institute (2012): the women’s unemployment rate was more than twice as high as that of men (19.7 per cent compared to 9.3 per cent for men), while women’s labour force participation rate was nearly twice as low as men’s (41.3 per cent and 75.4 per cent, respectively), with women being mostly concentrated in low-skilled jobs, such as the unskilled labour force (71 per cent of women), domestic workers (94 per cent) and services or trade (58.9 per cent). It notes that, according to the NSI, women mostly work in the informal economy, which accounts for 75.7 per cent of the economically active population. Furthermore, only 31.1 per cent of women have attained at least a secondary level of education (compared with 45.2 per cent of men). The Committee notes that the Decent Work Country Programme, 2018–21, adopted in July 2018, sets as a specific objective the promotion of productive employment for all, in particular for young persons and women, including by raising awareness and encouraging the transition from the informal to the formal economy, enhancing women’s entrepreneurship and access to vocational training, as well as strengthening the INE. The DWCP further explicitly aims at building this capacity of the tripartite constituents to promote, inter alia, gender equality and non-discrimination. The DWCP refers to the adoption of: (i) a Second National Strategy for Gender Equality and Equity (ENIEG II) for 2013–17 which highlights that one of the main challenges is that men and women benefit from equal opportunities to effectively achieve financial autonomy; and (ii) the National Employment Policy (PNE) in 2015, which highlights the importance of decent work and sets as specific objectives to strengthen technical education and vocational training and promote women’s entrepreneurship, and its accompanying Action Plan on Employment and Vocational Training (PANEF), adopted in 2017, both developed in collaboration with the ILO. It also notes with interest the ratification of the Maternity Protection Convention, 2000 (No. 183), on 12 June 2017. The Committee asks the Government to provide information on any specific measures taken, particularly in the framework of the ENIEG II, the PNE, the PANEF and the DWCP 2018–21, to effectively enhance women’s economic empowerment and access to the formal economy and vocational training, including in sectors where they are under-represented, and to improve equality of opportunity and treatment for men and women in employment and occupation, in both the public and private sectors, including in collaboration with employers’ and workers’ organizations. Noting that a National Statistical Development Strategy for 2018–21 is currently being implemented, the Committee hopes that the Government will soon be in a position to collect and provide updated statistical information on the participation of men and women in vocational training and the labour market, indicating the proportion of men and women in the various economic activities, disaggregated by occupational categories and positions, in both the public and private sectors, as well as in the informal economy.

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that the new Penal Code Law No. 6 of 2012 was adopted. It noted that section 172 of the Penal Code prohibits the transporting of persons to a foreign country for prostitution and that section 181(2) provides that enticing, transporting, harbouring or receiving a minor below the age of 18 years for prostitution shall be punished. The Committee requested the Government to indicate the provisions of the Penal Code that prohibit the trafficking of minors for labour exploitation.

The Committee takes due note of the Government’s indication in its report that section 160(1) of the Penal Code prohibits trafficking in persons for labour exploitation with a penalty ranging from two to eight years of imprisonment and that under section 160(3) this penalty increases to three to ten years when the crime involves children under the age of 16 years. The Committee requests the Government to provide information on the application in practice of the sections of the Penal Code that prohibit the sale and trafficking of children under the age of 18 years for sexual or labour exploitation, including the number of investigations, prosecutions, convictions and nature of the penalties imposed.

Article 4(1). Determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 6. Programmes of action. The Committee previously noted that the Government, in cooperation with the ILO and UNICEF, had approved a National Plan on the Worst Forms of Child Labour, under which several training and awareness-raising seminars on child labour and its worst forms has been organized for teachers, employers and young businessmen.

The Committee notes the Government’s indication that the National Plan has helped raise awareness about child labour and the importance of prevention at all levels of society, including in schools and in the media. The Government states that the National Plan has rendered many results, including the complete disappearance of “helpers” under 18 years of age in offices. Moreover, the Committee notes that in 2012 the Government, in collaboration with ILO–IPEC, implemented the “Awareness Raising and Support for the Implementation of the Global Action Plan on the Elimination of the Worst Forms of Child Labour by 2016”. The project’s objectives were to provide support to tripartite constituents to fight child labour and eradicate its worst forms through the elaboration and implementation of an action plan, the strengthening of competent institutions and the elaboration of a list of hazardous types of work prohibited to children. The Committee requests the Government to provide further information on any measures taken or envisaged within the framework of the National Plan on the worst forms of child labour and the ILO–IPEC project. Please also provide information on the impact of such programmes with regard to the elimination of the worst forms of child labour, particularly the number of children reached through these initiatives.

Article 7(1). Penalties. The Committee notes the absence of information provided with regard to the practical application of the penalties laid down under Act No. 6/92 for imposing hazardous work on minors or under the Penal Code for offences under Article 3(a)–(c) of the Convention. The Committee recalls that information on the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied serves both to measure the number of child victims of the worst forms of child labour and the effective implementation and enforcement of the national provisions giving effect to the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 644). Therefore, the Committee once again requests the Government to provide information on the practical application of the penalties laid down under Act No. 6/92 and under the Penal Code for violation of the rights protected under the Convention.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the Government, in partnership with some civil society organizations and donors, has implemented specific assistance programmes for facilitating access to school for children belonging to poor communities, through free uniforms, concession of school passes on school buses, and the distribution of school grants to low-income families to keep children in school. Moreover, the Government indicated that in partnership with the United Nations World Food Programme and the Government of Brazil, the Government introduced the provision of one hot meal per day to students in order to reduce school drop-outs. Finally, the Committee noted that the Fast-Track Project instituted within the Structural Adjustment Programme (PASS) undertook the construction and renovation of classrooms to reach the objective of universalizing the free and compulsory six-year elementary school programme for children in the country.

The Committee notes the Government’s indication that it has adopted the National Poverty Reduction Strategy (2012–16) in which the objective in terms of education was to develop strategies to improve the quality of instruction and to create genuine equality of opportunity in initial and continuing school enrolment. The Government further indicates that it has built schools at the community level in order to ensure that most, if not all, school-age children meet the compulsory education requirement. Considering that the National Poverty Reduction Strategy ended in 2016, the Committee requests the Government to provide information on the strategies that are being developed or envisaged to improve access to free basic compulsory education and the results achieved. The Committee encourages the Government to continue its efforts to improve the functioning of the education system, by taking measures to ensure access to free basic, quality education for all children, particularly children from poor communities, including by taking measures to increase the school enrolment and completion rates, both at the primary and secondary levels. It requests the Government to provide information on the measures taken in this regard and on the results achieved. To the extent possible, this information should be disaggregated by age and by gender.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Street children. In its previous comments, the Committee noted the Government’s information that the reception centres established in the country play an important role in removing children, especially street children, from the worst forms of child labour.

The Government indicates that underage children found to be working are automatically removed from the workplace, taken to reception centres and, later, returned to their families. Additionally, the Committee notes the Government’s statement from its report under the application of the Minimum Age Convention, 1973 (No. 138), that the Ministry of Employment and Social Affairs and the Department of Social Protection and Solidarity are working on a Street Children Support Project which, once implemented, will mitigate this problem. The Committee encourages the Government to continue its efforts to remove street children from the worst forms of child labour. It requests, once again, the Government to provide information on the number of children removed from the street and received in the reception centres. Please also provide a copy of the Street Children Support Project.

Article 7(3). Designation of a competent authority. The Committee notes from the concluding observations formulated by the Committee on the Rights of the Child dated 29 October 2013 that the National Child Rights Committee ceased to operate in November 2012 and that no appropriate body was created or named to replace it (CRC/C/STP/CO/2-4, paragraph 10). Recalling the importance of the existence of a competent authority to properly supervise the application of the Convention, the Committee requests the Government to designate a competent authority responsible for the implementation of the provisions giving effect to this Convention.

Article 8. International cooperation. The Committee previously noted that Sao Tome and Principe was one of the 24 countries to adopt the Multilateral Cooperative Agreement to Combat Trafficking in Persons, especially women and children in West and Central Africa, which, among others, aims to develop a common front to prevent, fight and suppress trafficking in persons and to protect, rehabilitate and reintegrate victims of trafficking.

The Committee notes the Government’s indication that in the framework of the Multilateral Cooperative Agreement, it has ratified the United Nations Convention against Transnational Organized Crime. It has also signed an agreement on cooperation between Central African criminal police agencies aimed at ensuring cooperation between the national police authorities on matters relating to trafficking in persons. The Committee requests the Government to provide information on the impact these cooperation agreements have had in combating trafficking in children.

Application of the Convention in practice. The Government indicates that it has implemented various activities in partnership with public and private institutions and non-governmental organizations, with a view to give effect, in practice, to the Convention such as a Rapid Survey on Child Labour (2014), the National Plan on the Worst Forms of Child Labour, and the Sao Tome and Principe Campaign against Child Labour. The Committee takes due note of the efforts made and requests the Government to provide detailed information on the current situation regarding the worst forms of child labour, including information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.