Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the information supplied by the Government in its report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy. Referring to its previous comments, the Committee takes due note of the Government’s information on the measures which it has taken since 2003 concerning child labour, particularly activities to raise public awareness of the problem. The Committee also notes that, in the context of the draft national strategy on children’s affairs, the administration responsible for family matters organized a strategic planning workshop on child protection in February 2007 in collaboration with UNICEF and that, following the workshop, recommendations on child protection have been formulated for the 2007–15 period. Moreover, it notes that the Government has initiated a draft act on child protection. The Committee asks the Government to supply information on the implementation of recommendations taken further to the strategic planning workshop on child protection held in February 2007 and also on the results obtained in terms of the progressive abolition of child labour. It also asks it to send a copy of the act on child protection once it is adopted.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that section 1 of Act No. 90-11 of 21 April 1990 concerning conditions of work governs individual and collective employment relations between salaried employees and employers. It noted that the terms of this provision of Act No. 90-11 do not apply to employment relations which are not governed by a contract, such as work done by children on their own account. The Committee also noted the Government’s statement that Act No. 90-11 of 21 April 1990 does not apply to self-employed persons, as they are governed by other regulations which determine the minimum age for admission to non-wage work. The Committee therefore requested the Government to send copies of these regulations.

In its report, the Government indicates that section 5 of Order No. 75-59 of 26 September 1975 concerning the Commercial Code provides that any emancipated minor of either sex, aged 18 or above, who wishes to engage in commercial activity may not commence commercial operations or be considered of majority age with regard to commitments he enters into for commercial purposes if he has not received prior authorization from his father or mother or, failing that, through an official statement from the family council approved by a court of law. The Government also indicates that, according to this provision, regulations concerning admission to employment are of a general nature and apply to all forms of employment, whether waged or on one’s own account.

The Committee notes that this provision of the Commercial Code concerns emancipated minors of either sex, aged 18 or above, who wish to engage in a commercial activity, whereas the situation to which the Committee refers concerns children under 18 years of age covered by the Convention who are engaged in economic activity outside an employment relationship in the informal sector or on their own account. It therefore again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not a contractual employment relationship exists and whether or not the work is paid. The Committee therefore urges the Government to take the necessary measures to ensure that the protection afforded by the Convention is applied to children who are engaged in economic activity on their own account. It asks the Government to supply information in this respect.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of these types of work. Referring to its previous comments, the Committee notes the Government’s information that revision of the national labour legislation is in progress and that the issue of persons under 18 years of age being prohibited from employment in hazardous work will be taken into account. It also notes the Government’s information that a list of types of prohibited work will be established by means of regulation. In this respect, the Committee reminds the Government that Article 3, paragraph 2, of the Convention provides that, when types of hazardous work are being determined, the employers’ and workers’ organizations concerned must be consulted. The Committee hopes that the revision of the national legislation will be completed soon and that provisions giving full effect to Article 3, paragraphs 1 and 2, of the Convention will be adopted as soon as possible. It asks the Government to supply information on all further developments in this respect.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information sent by the Government, particularly concerning the number of violations reported concerning non-compliance with the legal age for admission to employment (106) and concerning the absence of authorization from the father or legal guardian in the case of working minors (82). The Committee asks the Government to supply information on the penalties imposed by the competent courts further to the reported violations. It also asks the Government to continue to supply information on the way in which the Convention is applied in practice, by providing, for example, statistical data concerning the employment of children and young people, extracts of reports from the inspection services and details of the number and nature of violations recorded and penalties imposed.