Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 2(1) of the Convention. Scope of application. Self-employment. The Committee previously noted that the provisions in Labour Proclamation No. 118/2001 (Labour Proclamation) concerning the minimum age were applicable only in the context of a contract of employment, and therefore appeared to exclude self-employed workers from the application of these provisions. However, it also noted the Government’s indication that the Ministry of Labour and Human Welfare intended to introduce a programme with regard to self‑employment. The Committee expressed the hope that this programme would ensure that self-employed children benefited from the protection laid down in the Convention, and requested information on progress made in this regard.

The Committee notes the information in the Government’s report that, due to financial constraints, no programme on self-employment has yet been undertaken. The Government indicates that a programme in this regard will be contemplated once funding is available. The Committee reminds the Government that the Convention applies to all types of employment or work, whether or not it is performed on the basis of an employment contract. In this regard, the Committee requests the Government to take the necessary measures to ensure that children working outside of an employment relationship, such as those working on a self-employed basis, benefit from the protection afforded by the Convention. It also requests the Government to provide information on any measures taken or envisaged in this respect, including through the Ministry of Labour and Human Welfare’s programme on self-employment.

Article 2(3) and (4). Age of completion of compulsory schooling and minimum age for admission to employment. The Committee previously noted that the Labour Proclamation establishes a minimum age for admission to employment of 14 years, the age specified by the Government upon ratification. The Committee also noted the Government’s intention to render education compulsory until middle school. The Committee requested the Government to provide information on progress made in this regard.

The Committee notes the statement in the Government’s report that education is compulsory for eight years (five years of elementary school and three years of middle school). The Government indicates that children start elementary education at the age of 6 years, and therefore complete compulsory education at 14 years, the minimum age for admission to work. While taking due note of this information, the Committee also notes the information in the UNESCO report of 2010 entitled “Education for All: Global Monitoring Report” that, in 2007, the net enrolment rate in primary education was only 41 per cent, and that there were approximately 349,000 children of primary-school age who were not in school. The UNESCO report further indicates that the survival rate to the last grade of primary school was 60 per cent in 2006, a significant decline from the 95 per cent survival rate in 1999. The Committee expresses its concern at the low school enrolment rates, in addition to the significant number of children who leave school prior to completing primary education. Considering that education is one of the most effective means of combating child labour, the Committee urges the Government to improve the functioning of the education system, so as to increase school enrolment rates and reduce school drop-out rates. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Article 3(2). Determination of the types of hazardous work. The Committee previously noted that, under section 69(1) of the Labour Proclamation, the Minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels. The Committee further noted that such a regulation on hazardous work had been drafted and finalized, following consultation with the social partners.

The Committee notes the Government’s indication that this draft regulation has yet to be adopted. The Committee observes that the Government has been referring to the upcoming adoption of this list since 2007, and reminds the Government that, by virtue of Article 3(2) of the Convention, the hazardous types of employment or work shall be determined by national laws or regulations or by the competent authority. The Committee therefore requests the Government to take the necessary measures to ensure, in the very near future, the adoption of the regulation pursuant to section 69(1) of the Labour Proclamation, containing a list of hazardous activities prohibited to persons under the age of 18. It requests the Government to provide a copy of this regulation, once adopted.

Article 6. Apprenticeship. In its previous comments, the Committee noted that the general minimum age of 14 years applied for admission to apprenticeships. It also noted that pursuant to section 38 of the Labour Proclamation, the Minister may issue regulations to supervise the conditions of training of apprentices. The Committee further noted that while no such regulation had been issued, the Government indicated that a regulation pertaining to the training of apprentices was envisaged. The Committee notes the Government’s statement that no regulation has yet been issued pursuant to section 38 of the Labour Proclamation. However, the Government indicates that it does intend to issue a regulation concerning the training of apprentices in the future. The Committee once again requests the Government to provide a copy of the regulation on the training of apprentices once adopted.

Article 7. Light work. The Committee previously observed that the legislation in force contained no exception for light work for children below the minimum age of 14 years. It also noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 23 December 2002 that the Constitution Commission had indicated that there should be statutory regulations on how many hours children work (light work and after school hours) in addition to the types of work which should not be performed (CRC/C/41/Add.12, paragraph 40).

The Committee notes the Government’s statement that no measures have been taken regarding the regulation of light work activities or the determination of light work conditions. It also notes the Government’s statement that, in practice, some children from the age of 12 are engaged in part-time work, such as the distribution of newspapers or the selling of food items. In light of this information, the Committee recalls that by virtue of Article 7(1) and (4), of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, pursuant to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore encourages the Government to take the necessary measures to determine light work activities that may be undertaken by children between 12 and 14 years of age, and to determine the number of hours which, and the conditions in which, light work may be undertaken.

Article 9(3). Keeping of registers by employers. The Committee previously noted that, pursuant to section 20(7) and 10(1) of the Labour Proclamation, employers were required to keep a register, but that the register that was required did not include the names and ages or dates of birth of persons employed who are under 18 years. However, the Committee noted the Government’s indication that this issue would be addressed in an upcoming regulation that would be adopted pursuant to section 69(1) of the Labour Proclamation relating to hazardous work. The Committee expressed the firm hope that the regulation would be adopted in the near future.

The Committee notes the Government’s statement that the Ministry of Labour and Human Welfare is currently undertaking studies in preparation for developing a regulation on employers’ registers. The Committee recalls that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are under 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that the regulation concerning the registers kept by employers is elaborated and adopted in the near future. It requests the Government to provide a copy of this regulation, once adopted.

Parts III and V of the report form. Labour inspection and practical application of the Convention. Following its previous comments, the Committee notes the Government’s statement that there is a need for further awareness-raising on child labour issues, in addition to a need to build the capacity of governmental staff for the effective application of the Convention. The Committee also notes the Government’s statement that there have been no reported cases of child labour through the labour inspection system. The Government’s report further states that the information from the public prosecutor’s office indicates that there have not been any court cases filed relating to child labour.

However, the Committee notes that the CRC, in its concluding observations of 23 June 2008, expressed concern regarding widespread child labour, over the lack of comprehensive measures to ensure that children are protected from economic exploitation and due to the lack of data concerning the child labour situation in the country (CRC/C/ERI/CO/3, paragraphs 18 and 74). The Committee expresses its concern over the situation of widespread child labour in the country, as well as the weak enforcement of the Convention, and accordingly urges the Government to redouble its efforts to improve this situation, including through measures to strengthen the capacity of the labour inspection system. It requests the Government to provide information on the concrete measures taken in this respect, and on the results achieved. The Committee further requests the Government to take the necessary measures to ensure that sufficient data on the situation of children involved in economic activity is available and invites the Government to provide such data when it becomes available.