Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Age Convention, 1973 (No. 138) - Senegal (Ratification: 1999)

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 the Government is participating in the ILO–IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa”. It also noted that the Government is participating in the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour. In the context of these two projects, the Government has adopted a strategy for the implementation of national initiatives to combat child labour through education, vocational training and apprenticeship. As a result of the implementation of the abovementioned ILO–IPEC project and the TBP, 6,208 children have been prevented from entering the labour market prematurely. Furthermore, 6,023 children have been prevented from working through the provision of education services. However, the Committee noted that, according to the statistics published in the 2007 analysis report on the national survey of child labour in Senegal carried out in 2005, of an estimated 3,759,074 children aged between 5–17 years, 1,378,724 (36.7 per cent) are involved in some activity or work in Senegal and that in 2005 more than two out of ten (21.4 per cent) children aged between
5–9 years had already worked. The large majority of child workers are found in the agricultural sector (75.4 per cent) followed by the stock breeding and fisheries sectors (8 per cent), handicrafts and work on looms (4 per cent), domestic and household jobs (3.1 per cent), sales and services to private persons (5.5 per cent), construction and public works (2.5 per cent) and other (1.5 per cent).

The Committee notes the Government’s indication that information on the impact of the action programmes under way will be communicated at a later date. It notes that, according to the joint report of the ILO–IPEC, UNICEF and the World Bank entitled “Understanding children’s work and youth employment in Senegal”, dated February 2010, in 2005, the number of children aged between
5–14 years who were economically active was estimated at more than 450,000, that is more than 15 per cent of children in this age group. The percentage is much higher in rural environments (21 per cent) than in urban environments (5 per cent). Agriculture is the sector that employs the largest number of children, that is 80 per cent of working children aged between 5–14 years, and nearly 85 per cent of these children are unpaid family workers. The report also indicates that child domestic labour is common and that nearly 22 per cent of children at work are involved in this activity in urban environments. Furthermore, those children aged between 5–14 years who are working as paid domestic servants devote an average of 52 hours per week to this activity. Taking into account all types of economic activity, children aged between 5–14 years work 27 hours per week on average. The study also shows that more than 160,000 young persons aged between
15–17 years are forced to carry out hazardous work. Expressing its serious concern at the high number of children under 15 years of age working, as well as at the number of hours devoted to these activities, the Committee once again urges the Government to redouble its efforts to combat child labour, paying particular attention to children engaged in hazardous work. Furthermore, it once again requests the Government to provide information in its next report on the number of children prevented from entering the labour market prematurely and the number of children withdrawn from work in the context of the action programmes currently under way.

Article 2(1). Scope of application. In its previous comments, the Committee noted that, although the national legislation excludes all forms of self-employment by children, in practice, poverty has facilitated the development of such activities among children (shoe cleaners, street vendors), who engage in them illegally. It noted the allegations made by the National Confederation of Workers of Senegal (CNTS) on 1 September 2008 that even if children working on their own account can be regarded as traders, the minimum age is not respected in the informal sector. In this regard, a number of activities have been carried out by the Government in collaboration with the ILO–IPEC with a view to withdrawing self-employed children from work.

The Committee notes the information provided by the Government in its report concerning the impact of these activities. The Government indicates that under the project to support the social reintegration of children working in refuse scavenging at the Mbeubeuss dump, led by the NGO ENDA–GRAF, 149 children have been removed and enrolled in alternative training. Furthermore, 300 children aged between 12–14 years working in the handicrafts sector in the outlying suburbs of Dakar have benefited from basic training and training in skills in the context of the experimental project to combat child labour through skills development and the elimination of illiteracy, developed in collaboration with the ILO–IPEC. The Committee requests the Government to redouble its efforts to ensure that children under 15 years of age who are working on a self-employed basis are removed from work. It requests the Government to continue providing information on the measures taken in this regard and the results achieved.

Minimum age of admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows waivers from the minimum age of admission to employment by order of the Minister in charge of labour, taking account of local circumstances and the tasks to be performed.

The Committee notes with regret the Government’s indication that the reform of its legislation is still being considered. It reminds the Government that it specified a minimum age of 15 years upon ratifying the Convention and that the waiver from the minimum age of admission to employment, provided for under section L.145 of the Labour Code, is inconsistent with this provision of the Convention. Noting that the Government has been referring to the reform of its legislation since 2006, the Committee once again urges it to take the necessary steps to ensure the amendment of its legislation as soon as possible to bring it into line with the Convention by allowing waivers from the minimum age for admission to employment or work only in the cases strictly set forth in the Convention. It requests it to provide information on the progress made in this regard.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 on child labour provides for a minimum age of 18 years for admission to hazardous work. It noted, however, that, according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work prohibited for children and young persons (Order No. 3750), certain types of hazardous work could be performed by persons under 16 years of age. For example, under section 7 of Order No. 3750 of 6 June 2003, male children under 16 years of age may carry out the lightest work in underground mines, quarries and other mineral extraction plants, such as the sorting and loading of ore, the handling and haulage of trucks within the weight limits set by section 6 of the same Order, and the overseeing or handling of ventilation equipment. Furthermore, children of 16 years of age are allowed to perform the following types of work: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14); operation of vertical wheels, widgets and pulleys (section 15); operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of hazardous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). It also noted that the Government had undertaken to remedy all the provisions that are inconsistent with the Convention in the context of the legislative revision under way and to take the Committee’s comments into account.

The Committee notes the information provided by the Government that the announced legislative revision is still under way. It also notes that the 13 decrees relating to occupational safety and health adopted on 15 November 2006 do not specifically take into account the situation of children under 18 years of age who are engaged in hazardous work, as authorized under Order No. 3750 of 6 June 2003. The Committee reminds the Government that, under Article 3(3) of the Convention, hazardous work, such as the tasks provided for in Order No. 3750 of 6 June 2003, may be performed by young persons of over 16 years of age provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Noting that the Government has been referring to the reform of its legislation since 2006, the Committee urges it to take the necessary measures to ensure that its legislation is amended as soon as possible so as to ensure that children under 16 years of age may not be employed in underground mines and quarries. It also once again requests the Government to take the necessary measures to ensure that, as part of the ongoing legislative revision, the conditions laid down in Article 3(3) of the Convention are fully ensured for young persons aged between 16–18 years engaged in the work provided for in Order No. 3750 of 6 June 2003. It requests the Government to provide information on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.