Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory recruitment of children for use in armed conflict. The Committee noted previously that, in its initial report to the Committee on the Rights of the Child in July 2001 (CRC/C/41/Add.10, paragraph 81), the Government indicated that Act No. 004/98 of 20 February 1998 on the general organization of national defence and public security provides that enlistment in the armed forces is voluntary and takes place from the age of 20 years. The Committee once again requests the Government to provide a copy of the Act.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the measures adopted or envisaged to prohibit and repress the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Noting the absence of information in the Government’s report on this subject, the Committee once again requests the Government to provide information on the measures adopted or envisaged to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Article 3(d) and Article 4, paragraphs 1 and 3. Hazardous types of work and the determination and revision of such types of work. In its previous comments, the Committee noted that, under section 177 of the Labour Code, a decree issued jointly by the Minister responsible for labour and the Minister responsible for public health shall establish the nature of the work and the categories of enterprises in respect of which young persons may not work, and the age limit in respect of which the prohibition applies. It also noted that Decree No. 275 of 5 November 1962 contained a list of hazardous types of work prohibited for young persons under 18 years of age. Furthermore, the Government indicated that Decree No. 275 of 5 November 1962 had to be updated. The Committee expressed the hope that the Government would rapidly update Decree No. 275 of 5 November 1962 determining the list of hazardous types of work.

The Committee notes the Government’s indication that the list of hazardous types of work enumerated in Decree No. 275 of 5 November 1962 has not yet been revised. The Committee reminds the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Recommendation, which provides that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; and (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health. The Committee once again hopes that the Government will revise the list of hazardous types of work contained in Decree No. 275 of 5 November 1962 as soon as possible and that it will take into account the above comments. The Committee requests the Government to provide information on the consultations held with employers’ and workers’ organizations on this subject.

Article 5. Monitoring mechanisms. The Committee noted previously the Government’s indication that it had established, within the Ministry of Labour and Employment, a special inspectorate responsible for combating work by young persons. However, the Government indicated that this unit was not yet operational. The Committee encouraged the Government to make every effort to ensure that this inspection unit became operational in the very near future. In this connection, the Committee notes the Government’s indication that only isolated operations are undertaken in the country. It once again requests the Government to take the necessary measures to establish this special inspection unit and to provide information on its powers and resources to combat the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to ensure that the penalties established in the various texts are applied in practice so as to secure the effective implementation of the provisions giving effect to the Convention. In this respect, it notes the information provided by the Government to the effect that the number of persons arrested for openly exploiting children for economic purposes have increased over recent months. The Government adds that court decisions arising from these arrests will be handed down in the near future. The Committee requests the Government to provide information on the convictions and the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identification of children at special risk. The Committee noted previously that the provisions of the Labour Code, particularly those relating to the admission of children to hazardous work, only apply to workers who have "undertaken to place their occupational activity, in return for remuneration, under the direction and authority of another individual or association, whether public or private" (section 1 of the Labour Code). It also noted that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.10, of 13 July 2001, paragraphs 258 and 259), the use of child labour in the informal economy is on the increase and the status of children working in the informal economy is similar to that of occasional and self-employed workers. The Committee requested the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in relation to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

The Committee notes the Government’s indication that the exploitation of children for economic purposes only occurs in the informal economy. The Committee once again requests the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in relation to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.