Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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. Following its previous comments, the Committee notes, from the Government’s report, that the terms of reference for the adoption of the Child Labour Policy have been finalized and that a consultant will be engaged for the finalization of the document. In addition, the Committee notes that a consultant will be recruited to review and update the Decent Work Country Programme (DWCP) 2018-21, which included a specific outcome on the progressive elimination of child labour. The Committee requests the Government to provide information on the adoption of the Child Labour Policy and of the new DWCP, including the measures taken within their frameworks to eliminate child labour and the results achieved.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Following its previous comments, the Committee notes the Government’s indication that, despite some setbacks, the new Labour Bill, as well as the Trade Union Bill currently being reviewed, should cover domestic workers (as was agreed by all stakeholders) and that the Department of Labour would attempt to ensure that this is done during the Select Committee Stage at the National Assembly. In this regard, the Government makes a request for technical assistance from the ILO. The Committee requests the Government to keep it informed of the changes made in respect of the coverage of domestic workers by law, in particular by the Labour Bill.

Article 5. Limitation of the scope of application of the Convention. The Committee notes the Government’s indication that, while the current Labour Act excludes family undertakings from its scope of application, the Children’s Act makes no such exception. As a result, the Children’s Act, which includes provisions on the minimum age for admission to work, applies to children in both the formal and informal economy. The Government adds that, while the new Labour Bill will still exclude family undertakings, section 54 of the Bill will refer to the Children’s Act and provide that children cannot be engaged in any public or private agricultural, industrial or non-industrial undertaking (in relation to small-scale undertakings). This means that whereas the general scope of application of the Labour Bill does not cover small-scale undertakings, these undertakings are covered as regards child labour. The Committee therefore draws the Government’s attention to the possibility offered by Article 5(4)(b) of the Convention under which any Member that has limited the scope of application of this Convention may, at any time, formally extend the scope of application by a declaration addressed to the Director-General of the ILO. The Committee requests the Government to provide information on any developments in this regard.

Application of the Convention in practice. The Committee notes the Government’s information that the Child Labour Module of the Labour Force Survey of 2022 is now being reviewed by the Gambia Bureau of Statistics, in collaboration with the ILO. The Committee requests the Government to provide the results of the Child Labour Module of the 2022 Labour Force Survey with its next report, as well as any other up-to-date statistical data on the situation of working children in the Gambia, disaggregated by gender and age groups, and on the nature, extent and trends of the labour of children and young persons working below the minimum age.

The Committee once again encourages the Government to take into consideration its comments during the ongoing review of the Labour Act, 2007 and of the Children’s Act, 2005. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.