Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Côte d'Ivoire (Ratification: 2003)

Article 1 of the Convention. National policy. The Committee previously noted that the Government adopted a number of measures to abolish child labour, including the setting up of focal points to combat child labour, a national coordination unit for child protection, and local watchdog committees to involve the village authorities in the fight against child labour and the trafficking of children. The Committee further noted that a national action plan against child labour had been drawn up and was due to be implemented. Noting the lack of information in the Government’s report, the Committee requests once again the Government to supply a copy of the national action plan against child labour and to send information on its implementation, with particular reference to programmes of action taken in the context of the plan and, if applicable, the results achieved in terms of the gradual abolition of child labour.

Article 2, paragraphs 1 and 4. Scope of application. The Committee noted that section 23.8 of Act No. 95/15 of 12 January 1995 (Labour Code) states that children may not be employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by means of regulations. It noted that, under this provision, the minimum age for admission to employment or work applies only to an employment relationship and that consequently no minimum age for admission to employment or work is laid down for children who perform an economic activity outside this employment context, especially in the informal sector or on a self-employed basis. It reminded the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee notes that the Government has not supplied any information in its report. The Committee therefore requests the Government to supply information on the manner in which children who are not bound by an employment relationship, such as those who work in the informal sector or on a self-employed basis, enjoy the protection laid down by the Convention. In this regard, it requests the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services in such a way as to ensure this protection.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments the Committee noted that, according to UNICEF statistics for 2000–06, the net school attendance rate at primary level was 57 per cent for girls and 66 per cent for boys, while at secondary level it was 22 per cent for girls and 32 per cent for boys. The Committee further noted that, according to the 2008 Education for all global monitoring report published by UNESCO entitled “Education for all by 2015: Will we make it?”, Côte d’Ivoire is one of four countries which are at serious risk of not achieving the objective of universal primary education for all by 2015. Furthermore, the report mentions that the country is unlikely to achieve gender parity in primary and secondary education by 2015. The Committee notes that the Government has not supplied any information in its report. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests once again the Government to take the necessary measures to improve the functioning of the education system in the country. In this regard, it once again requests the Government to supply information on the measures taken to increase the school attendance rate, at both primary and secondary levels, paying particular attention to gender disparities in access to education. The Committee also requests once again the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal school system or take up vocational training, provided that minimum age criteria are respected. Finally, it again requests the Government to supply a copy of Education Act No. 95-696 of 7 September 1995.

Article 6. Apprenticeships. The Committee previously noted that sections 12.2–12.11 of the Labour Code govern apprenticeships. It also noted that section 23.8 of the Code prohibits children from being employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by regulation. Furthermore, section 3 of Decree No. 96-204 of 7 March 1996 relating to night work states that children under 14 years of age engaged in an apprenticeship or in pre-vocational training may not undertake work under any circumstances during the limitation period for night work or in general during the period of 15 consecutive hours from 5 p.m. to 8 a.m. The Committee reminded the Government that, under Article 6 of the Convention, the age for admission to work in enterprises in the context of an apprenticeship programme is 14 years. The Government does not supply any information on this matter in its report. The Committee therefore requests once again the Government to indicate whether exemptions provided for by section 23.8 of the Labour Code have been adopted by regulation and whether children under 14 years of age may embark on an apprenticeship.

Article 9, paragraph 1. Penalties. The Committee previously noted that Order No. 2250 of 14 March 2005 establishing the list of hazardous types of work prohibited to children under 18 years of age does not provide for any penalty for violations of section 1. The Government indicated that a draft Act prohibiting the trafficking of children and hazardous child labour is being drawn up. Noting the lack of information in the Government’s report, the Committee expresses the firm hope that the draft Act prohibiting the trafficking of children and hazardous child labour will be adopted as soon as possible and will contain provisions penalizing any violation of the ban on the employment of young persons under 18 years of age in work prohibited by Order No. 2250 of 14 March 2005. It requests the Government to supply information on any new developments.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s statement in its report relating to Convention No. 182 that, according to a national survey of child labour undertaken in 2005, children are mainly employed in agriculture (cereal, coffee or cocoa crops). Commercial and industrial activities are involved to a lesser degree. According to this study, 19 per cent of children are involved in harmful activities. Moreover, 83 per cent of economically active children engage in harmful activities and 17 per cent in hazardous types of work. One in five children involved in harmful activities is engaged in a hazardous type of work. The Committee expresses its concern at the abovementioned situation and requests the Government to provide information on the measures taken with a view to eliminating child labour. It further requests the Government to continue to supply information on the application of the Convention in practice, including, for example, statistical data disaggregated by sex and age concerning the nature, extent and trends of the work of children and young persons working below the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services.