Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 138) sur l'âge minimum, 1973 - Guinée équatoriale (Ratification: 1985)

Autre commentaire sur C138

Demande directe

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The Committee notes with deep concern that the Government’s report has not been received since 2000. In light of its urgent appeal to the Government in 2019, the Committee will proceed with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. National policy for the effective abolition of child labour. The Committee notes the adoption of Decree 69/2021 containing the Sustainable Development Strategy “Equatorial Guinea Agenda 2035”. The strategic components of the strategy include the elimination of poverty, social inclusion and lasting peace. Moreover, it establishes the Equatorial Guinea Observatory 2035 as the primary body for ensuring the participation and consultation of the public authorities, local governments, civil society, economic and social partners, the private sector and United Nations agencies. Recalling that poverty is one of the fundamental causes of child labour, the Committee requests the Government to indicate whether, in the context of the Equatorial Guinea Agenda 2035, economic and social measures aimed at the progressive abolition of child labour have been adopted and, if so, to send information on these measures.

Article 2(1) of the Convention. Minimum age for admission to employment. Scope of application. In its previous comments, the Committee noted that Equatorial Guinea, at the time of ratifying the Convention, declared 14 years as the minimum age for admission to employment or work. It also noted the Government’s indication that work in the informal sector and in small family undertakings should be excluded from the application of the Convention. In this regard, the Committee recalled that, at the time of ratification, the Government did not send any attached declaration, pursuant to Article 5, indicating certain branches of economic activity or types of undertakings which were excluded from the scope of application of the Convention. The Committee also recalled that the Government, in its first report, also did not make use of the possibility envisaged in Article 4 to exclude limited categories of employment or work from the application of the Convention. The Committee notes the adoption of Act No. 10/2012 on the reform of the General Labour Code, section 2 of which regulates personal work for and under the supervision of an employer. Section 11(1) of the aforementioned Act provides that no person under 18 years of age may be admitted to employment or work in any occupation. The Committee also notes that section 4(5) excludes from the scope of the Act any work done by the spouse, siblings or descendants of the employer in exclusively family undertakings which occupy at least five persons, including the head of the family. The Committee requests the Government to take appropriate measures to ensure that children who work for exclusively family undertakings enjoy the protection afforded by the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that Act No. 5/2007 amending Act No. 14/1995 reforming the Decree-Law on general education in Equatorial Guinea provides, in section 3, that education shall be compulsory for all citizens of Equatorial Guinea until the end of primary school and that foreign residents shall also have the right to primary education. Under section 16.2 of Act No. 5/2007, the primary level shall comprise six years of study, normally followed between six and 12 years of age. The Committee recalls the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment or work, because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour (2012 General Survey on the fundamental Conventions, paragraph 369). The Committee therefore encourages the Government to take the necessary steps to raise the minimum age for the completion of compulsory schooling to at least the minimum age for admission to employment or work declared by Equatorial Guinea, namely 14 years of age.

Article 3(1) and (2). Age for admission to hazardous work; determination of types of hazardous work. In its previous comments, the Committee noted that section 11(4) of the General Labour Act No. 2/1990 fixed the minimum age for admission to work which is hazardous to health at 16 years.

The Committee notes that the aforementioned Act was repealed through the adoption of Act No. 10/2012 on the reform of the General Labour Code, section 11(1) of which fixed the minimum age for admission to any type of employment as 18 years. The Committee notes the preliminary draft of the General Labour Act, the text of which is available on the website of the Ministry of Labour, Employment Promotion and Social Security. While reiterating its concern at the absence of a Government report, the Committee takes due note that section 38(3) of the preliminary draft contains a non-exhaustive list of types of work which are considered dangerous and are prohibited for persons under 18 years of age. The list includes: types of work done in an unhealthy environment in which young persons (minors) are exposed to dangerous substances, agents or processes, or to temperatures, noise levels or vibrations which are harmful to health; work in the mining and hydrocarbon sector; work done in establishments where entry is prohibited for young persons; work carried out in the form of whole working days; night work or shift work which prevent school attendance or training; loading or unloading of packages, bundles and sacks which exceed 50 per cent of the maximum weight permitted for adult workers; street vending; work in construction or in other industries which is performed underground or under water, at dangerous heights or in enclosed spaces; and any other type of work which involves particularly difficult conditions for young persons and which, in the view of the labour administration, can be harmful to them. The Committee encourages the Government to take the necessary steps to adopt the list of hazardous types of work without delay, in consultation with the workers’ and employers’ organizations concerned.

Article 6. Apprenticeship. . In its previous comments, the Committee noted the Government’s indication that the minimum age for admission to training was 13 years, and it asked the Government to provide information on the measures taken to raise this age to 14 years to be in conformity with Article 6 of the Convention. The Committee notes that, under section 12 of Act No. 10/2012 on the reform of the General Labour Code, employers may hire students for placements or training of up to six months with the obligation of providing practical instruction in an occupation and the possibility of using their work, provided that the work is done under the conditions prescribed by the Ministry of Labour and Social Security, after consultation of the employers’ and workers’ organizations concerned, and is an integral part of a course of instruction or training for which a school or training institution is primarily responsible, a programme of training mainly or entirely in an undertaking which has been approved by the competent authority, or a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee once again requests the Government to take the necessary steps to ensure that the national legislation establishes 14 years as the minimum age for work done as part of apprenticeship , in accordance with Article 6 of the Convention. The Committee also requests the Government to provide information on the regulations adopted by the Ministry of Labour and Social Security regarding work done as part of apprenticeship , in accordance with section 12 of Act No. 10/2012 on the reform of the General Labour Code.

Article 7. Light work. The Committee notes that, under section 11(2) of Act No. 10/2012 on the reform of the General Labour Code, persons who have reached the age of 16 years may carry out light work, after authorization by the Ministry of Labour and Social Security, provided that such work is not likely to harm their health or development, their school attendance, their participation in programmes of vocational guidance or training approved by the competent authorities or the instruction that they receive. The Committee recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which employment in light work may be permitted and shall prescribe the number of hours during which and the conditions in which such work may be performed. In this regard, the Committee requests the Government to take the necessary steps to adopt a list of types of light work permitted under section 11 of Act No. 10/2012 on the reform of the General Labour Code, and also to indicate the number of hours during which and the conditions in which such work may be performed.

Article 8. Artistic performances. The Committee requests the Government to indicate whether, in practice, boys and girls under 14 years of age participate in artistic performances. If so, the Committee requests the Government to indicate the measures taken or envisaged for the granting of individual permits authorizing the participation of boys and girls in such activities.

Article 9(1). Penalties. The Committee notes that section 100(3) of Act No. 10/2012 on the reform of the General Labour Code establishes a fine of 10 to 20 monthly minimum wage equivalents for any employer who employs young persons under 18 years of age in unhealthy or dangerous work or in night work, without prejudice to the economic responsibility for injury caused to the worker. In addition, section 100(4) of the above-mentioned Act provides that any employer who hires persons under the age of 16 years in violation of the law shall be liable to a fine of 15 monthly minimum wage equivalents for every young person hired. The Committee requests the Government to provide information on the application in practice of sections 100(3) and (4) of Act No. 10/2012 on the reform of the General Labour Code, indicating the types of violations detected and the penalties imposed.

Article 9(3). Keeping of registers. In its previous comments, the Committee asked the Government to take steps to impose an obligation on employers to keep registers indicating the names and ages or dates of birth of employees under 18 years of age. The Committee notes that, under section 24 of Act No. 10/2012 on the reform of the General Labour Code, employers must send information to the authorities every four months on the numbers and names of their workers, with an indication of the jobs that they perform. However, the Committee observes that this legal provision does not oblige employers to keep registers indicating the ages or dates of birth, duly certified wherever possible, of all employees under 18 years of age, in accordance with Article 9(3) of the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that employers keep a record of their employees under the age of 18 years which meets the requirements of Article 9(3) of the Convention.

Labour inspection and application of the Convention in practice. The Committee requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including up-to-date statistics on the employment of children and young persons, extracts from inspection reports and information on the number and nature of violations detected.