Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Cameroon (Ratification: 2001)

The Committee notes the communication from the General Confederation of Labour – Liberty of Cameroon (CGTL) dated 17 October 2008 as well as the Government’s report.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to ILO statistical data on Cameroon for the year 2000, some 442,000 children aged between 10 and 14 years were economically active, of whom 241,000 were boys and 201,000 were girls. It also noted that the ILO–IPEC regional programme to eliminate child labour in cocoa plantations in West Africa (WACAP) had resulted in the identification of over 5,000 children and the integration of around 1,300 children.

The Committee notes the comment by the CGTL that the national plan to combat child labour has never been formally adopted. The Committee notes the information from the Government that inter-ministerial consultations are being held to update and finalize the national plan to combat child labour. Furthermore, the Committee notes that an ILO–IPEC action programme entitled “Survey and development of a database on child labour” began in March 2007. According to the summary of this programme, the premature entry of children into the labour market remains a worrying phenomenon in Cameroon because of, among other reasons, the conditions of poverty of its population. For example, a basic survey on child labour in commercial agriculture was conducted in 2004 in the major cocoa-producing areas, particularly among children below the age of 18 working on cocoa farms. The study reveals that 30 per cent of children below the age of 14 in Cameroon are involved in cocoa production activities. However, the summary of the ILO–IPEC programme indicates that there is a lack of statistical data on the problem of child labour in Cameroon and that most statistical sources were not designed to deal specifically with this issue. As a result, the Government, through the National Institute of Statistics (INS), conducted a modular survey on child labour in 2007 with a view to carrying out a more in-depth and nationwide survey. The ILO–IPEC programme also aims subsequently to build national capacity to conduct surveys on child labour at regular intervals. The Committee once again expresses its concern at the situation of children under 14 years of age who are compelled to work in Cameroon, particularly in cocoa-production activities, and requests the Government to step up efforts to improve this situation. Taking into account the information on the extent of child labour in Cameroon, the Committee firmly hopes that the Government will adopt the national plan to combat child labour in the near future and requests it to provide information on the progress made in this regard. It also requests the Government to provide the statistics gathered following the survey conducted in 2007 within the framework of the ILO–IPEC programme on the development of a database on child labour in Cameroon.

Article 2, paragraph 1. Minimum age for admission to employment or work. In its previous comments, the Committee noted that, according to ILO statistical data on Cameroon for the year 2000, a high number of children under 14 years of age were economically active in one way or another. The Committee therefore asked the Government to envisage adopting measures to establish provisions determining what constitutes light work, in accordance with Article 7, paragraphs 1 and 4, of the Convention. The Committee notes the information from the Government that there are no exemptions to the minimum age of 14 years for admission to work for light work in accordance with Article 7 of the Convention and that this minimum age remains without exclusions. The Committee notes, however, that, according to the statistics provided by UNICEF for the years 2000–06, 31 per cent of children aged between 5 and 14 years in Cameroon were working, indicating that the number of children working under the age of 14 remains high. Consequently, the Committee urges the Government to take the necessary measures to ensure that no children under 14 years of age are admitted to work or employment.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee previously noted the Government’s indication that the minimum age for admission to employment was set at 14 years because this age corresponds to the end of the period of compulsory schooling in Cameroon. However, the Committee noted that, according to information provided by UNESCO, the age of entry into primary school is 6 years, but the leaving age varies between 11 and 14 years. Furthermore, it noted that Act. No. 98/004 of 14 April 1998 establishing the framework for education in Cameroon does not specify the age of completion of compulsory schooling. In light of this, the Committee noted that children under the age of 14, who are therefore younger than the minimum age for admission to employment or work, may not actually be attending school.

The Committee notes that, in its comments, the CGTL indicates that there are no legal or regulatory provisions establishing the age of compulsory schooling. The Committee also notes that, according to the 2006 Multiple Indicator Cluster Survey conducted by the INS in collaboration with UNICEF, around 44 per cent of children of the legal age for entry into the first year of primary school, i.e. 6 years, are actually enrolled in school. Furthermore, the survey reveals that the net primary school attendance rate is 64 per cent for 6 year olds and that it gradually increases with age to reach 90 per cent for 11 year olds. Furthermore, 35 per cent of children of secondary school age are still in primary school. The Committee also notes that only 38 per cent of children aged between 12 and 18 are enrolled in secondary or higher education. The Committee notes the Government’s indication that information on school attendance and drop-out rates will be sent to the Office at a later stage. Noting that the Government does not indicate the age of completion of compulsory schooling and considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to set the age of completion of compulsory schooling at 14 years in the near future. The Committee also requests the Government to redouble its efforts to improve the operation of the education system, in particular by increasing school enrolment and attendance rates among children under 14 years of age at secondary level. It requests the Government to provide information on the progress made in this regard. Finally, the Committee also requests the Government to provide additional information available to it on school attendance and drop-out rates as soon as possible.

Article 3, paragraph 2. Determination of types of hazardous employment or work. In its previous comments, the Committee noted that Order No. 17 on child labour of 27 May 1969 contains a list of work prohibited to children under the age of 18. It noted that this Order was adopted over 30 years ago.

The Committee notes that the CGTL indicates in its comments that Order No. 17 was adopted after consultation with the only trade union at the time, prior to adoption of the Convention. The CGTL also indicates that no consultations have been held more recently with organizations of employers and workers to determine types of hazardous work. In this regard, the Committee once again draws the Government’s attention to the provisions of paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which requests governments to re-examine periodically and revise as necessary the list of types of employment or work referred to in Article 3 of the Convention, particularly in the light of advancing scientific and technical knowledge. The Committee observes that, under Article 3, paragraph 2, of the Convention, these types of employment or work shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned. The Committee requests the Government to take measures to revise the list of work prohibited to children under the age of 18, after consultation with the organizations of employers and workers concerned.

Article 5. Limitation of the scope of application of the Convention. In its previous comments, the Committee noted that the Government had initially limited the scope of application of the Convention to those branches of economic activity or types of enterprise contained in Article 5, paragraph 3, of the Convention, namely mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Committee notes the information from the Government that work in the informal sector is within the remit of labour inspectors and that this sector is difficult to supervise. The Committee requests the Government to take the necessary measures to strengthen labour inspection in the informal sector. It once again requests it to provide information on the general situation with regard to the employment or work of children and young persons in those branches of activity which are excluded from the scope of the Convention, taking into account the fact that a substantial number of children work in the informal sector in the country.

Article 6. Apprenticeship and vocational training. Referring to its previous comments, the Committee notes that section 4 of Decree No. 69/DF/287 of 30 July 1969 on apprenticeship contracts provides that a person must be at least 14 years of age to be hired on an apprenticeship contract. Furthermore, the Committee notes that, under section 1(3) of Act No. 76/12 of 8 July 1976 organizing rapid vocational training, rapid vocational training centres are open to candidates over the age of 18. The Committee also notes the information from the Government that, before the adoption of any regulatory text, employers’ and workers’ organizations are consulted within the framework of the National Labour Advisory Committee.