Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 138) sur l'âge minimum, 1973 - Comores (Ratification: 2004)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy. In its previous comments, the Committee noted that the national action plan on combating child labour was in the process of being draw up with technical assistance and support from the ILO. According to the Government, two national consultants have been recruited to that end and the first evaluation workshop for the preparatory work took place in July 2009. The document arising from that evaluation workshop should have been finalized in November 2009.

The Committee notes the Government’s information on the measures taken since the adoption and implementation of the national action plan on combating child labour in September 2010. These measures include a meeting with the Ministry of Labour on the design methods and setting up of the national steering committee to combat the worst forms of child labour; the organization of three workshops to disseminate the national action plan on the three islands (Grande Comore, Anjouan and Mohéli); three training and awareness-raising workshops for trade union leaders on the three islands; and other measures. The Committee requests the Government to continue providing information on the implementation of the national action plan on combating child labour and on the results obtained towards the progressive elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code, the minimum age for admission to employment or work of 15 years applies only to an employment relationship and that, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. It noted in this regard that the Government submitted an application for technical assistance to gradually train enough labour inspectors to cover the entire territory. ILO support has also been sought to train two labour inspectors at the National School of Administration (ENA) of Madagascar.

The Committee notes that the Government once again emphasizes the need to train labour inspectors to ensure a more effective application of the Convention. The Committee requests the Government to take the necessary steps to ensure that the training of its labour inspectors is carried out in a manner that ensures that children who are not bound by an employment relationship, such as those who are self-employed or working in the informal sector, benefit from the protection afforded by the Convention. The Committee also requests the Government to provide information on the progress made in this regard in its next report.

Article 3. Hazardous work. In its previous comments, the Committee noted draft Order No. 5 establishing the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to employment. Draft Order No. 5 was sometimes used to indicate a minimum age of admission to these types of work of between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). However, the Committee noted the Government’s indication that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work had been drawn up. The purpose of this draft was to raise the minimum age from 16 to 18 years.

The Committee notes that a new Labour Code was adopted in 2012 through Act No. 12-167, section 131(d), which prohibits the admission of children under 18 years of age to work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of the child. The Committee also notes the Government’s indication that, within the framework of the national action plan on combating child labour, the list of hazardous work prohibited to children was approved by the Council of Ministers on 8 August 2012 and published in March 2014. Expressing the hope that the list of hazardous work prohibited to children will take account of the provisions of Article 3 of the Convention, the Committee urges the Government to provide a copy of this list.

Article 7. Light work. In so far as a considerable number of children under 15 years of age are working in the country, the Committee previously expressed the hope that the Government would take the necessary steps to regulate the employment of persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes that section 129 of the new Labour Code stipulates that the minimum age for admission to employment is 15 years. However, and as indicated by the Government, section 129(3) provides that “children may perform their first light work, such as work in the home or the fields, provided that such work is not likely to adversely affect their school attendance, participation in occupational training programmes, or physical and mental development”. Section 129(4) provides that a ministerial Order will establish the types of work and the categories of enterprises prohibited to young persons and the minimum age for the application of the prohibition.

The Committee once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons from 13 to 15 years of age in light work, provided in particular that such work is not likely to be harmful to their health or development. Furthermore, 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 urges the Government to take the necessary steps to ensure that a ministerial Order is adopted to fix the minimum age for admission to light work at 13 years, regulate the employment of young persons from 13 to 15 years of age in these types of light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.