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

Minimum Age Convention, 1973 (No. 138) - Sao Tome and Principe (Ratification: 2005)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that Act No. 6/92 on the Legal System on Individual Working Conditions (Act No. 6/92) contains provisions for protecting children from economic exploitation at work. It also notes that the Constitution of Sao Tome and Principe sets out certain rights of children including their right to education, and special protection for young workers in order to render effective their economic, social and cultural rights (articles 51, 52 and 53). The Committee, notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 1 July 2004 (CRC/C/15/Add.235, paragraph 54(c)), recommended the State party to take all the necessary measures to enforce the law prohibiting the employment of children, including by developing programmes to encourage children to go to school or to have access to informal education. The Committee requests the Government to indicate the measures taken or envisaged for the effective abolition of child labour, and the results achieved.

Article 2(1). Scope of application. The Committee notes that, according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. The Committee notes that, according to the Government’s Second Periodic Report of November 2008 to the CRC on the implementation of the Convention of the Rights of the Child (Second Report to CRC), out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service. It reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not there is an employment relationship and whether or not the work is remunerated. The Committee requests the Government to provide information on the manner in which children who perform work outside the framework of a labour relationship, such as children working on their own account or in the informal sector, are afforded the protection established in the Convention.

Article 2(1). Minimum age for admission to employment. The Committee notes that, at the time of ratifying the Convention, Sao Tome and Principe declared 14 years to be the minimum age for admission to employment or work. The Committee further notes that section 128 of Act No. 6/92 stipulates the legal prohibition to employ minors before they have reached the age of 14 years.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that, according to the Government’s Second Report to the CRC (paragraph 188), the Basic Education System Law establishes a mandatory six years of free primary education. The Committee notes that there is no information with regard to the age of completion of compulsory schooling. The Committee, notes, however, that according to the Government’s initial report of 1 December 2003 to the CRC (CRC/C/8/Add.49, paragraph 50) the general education system as stipulated in Decree No. 53/88 includes five years of primary education for children aged between 6 and 14 years, five years of basic secondary education for children aged 12 to 17 years, and three years of pre-university education. The Committee therefore observes that six years of compulsory primary education, may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work. The Committee considers that the requirement set out in Article 2(3), of the Convention is fulfilled since the minimum age for employment (14 years for Sao Tome and Principe) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory education comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B), ILC, 67th Session, Geneva, 1981, paragraph 140)). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore encourages the Government to pursue its efforts to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 129 of Act No. 6/92 prohibits the employment of minors under the age of 18 in heavy work and work likely to jeopardize their health or safety as well as underground work. It also notes that overtime work (sections 44 and 135) and night work (section 134) are also prohibited for minors. Section 129(2) further stipulates that special regulations will specify the types of work prohibited to minors. The Committee requests the Government to indicate whether any regulation determining the types of hazardous work prohibited to minors has been adopted, pursuant to section 129(2) of Act No. 6/92, and if so, to provide a copy of the same.

Article 6. Apprenticeship and vocational training. The Committee notes that, as per section 132 of Act No.6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses. However, this Act does not indicate the minimum age for apprenticeship. It also notes that section 3(3) of Act No. 6/92 states that the provisions related to the contract of apprenticeship shall be governed by separate law. The Committee requests the Government to indicate whether any regulations, pursuant to section 3(3) of Act No. 6/92 on apprenticeship programmes, have been adopted and, if so, to provide a copy of the same. It also requests the Government to provide information on the minimum age for entering an apprenticeship programme as well as the conditions under which apprenticeships may be undertaken and performed by minors.

Article 7. Light work. The Committee notes the Government’s indication that there are no exceptions to the minimum age with regard to light work. However, referring to the Government’s information in its Second Report to the CRC that 8 per cent of children under the minimum age of 14 years are engaged in work in Sao Tome and Principe, the Committee reminds the Government that, pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that, 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 therefore requests the Government to indicate if it would envisage the possibility of adopting provisions to regulate and determine the light work activities performed by children over 12 years of age.

Article 8. Artistic performances. The Committee notes the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. It recalls that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. Such permits shall limit the number of hours of employment or work authorized and shall prescribe the conditions for such work. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to provide information on the measures taken or envisaged for the grant of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who participate in artistic performances.

Article 9(1). Penalties. The Committee notes that section 147 of Act No. 6/92 establishes penalties of fines ranging from 10,000 dobras (Dbs) to Dbs50,000 for the breach of section 128 (minimum age provision), and a fine of Dbs5,000 to Dbs20,000 for the breach of section 129 (prohibition on hazardous work by minors). In addition, section 147(2) stipulates that, in the case of a breach of section 133 requiring employers to provide minor employees with working conditions appropriate to their age, a penalty of Dbs2000 up to Dbs500,000 shall be imposed depending on the number of workers affected by the breach. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that there appear to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents that contains the details, including the name and age of the minors employed by them. The Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention.

Part III of the report form. Labour inspectorate. The Committee notes that, according to the Government’s report, the Directorate of Labour, Employment and Vocational Training and the labour inspectorate, which operate in conjunction with the Ministry of Labour, Solidarity and Family, are the bodies responsible for monitoring the implementation of Act No. 6/92. It notes that section 1 of the Labour Inspection Act defines the labour inspectorate as a centralized service of prevention and supervision of conditions of labour, hygiene, safety and health at work, amongst others. Section 2 of the Labour Inspection Act further states that the labour inspectorate is competent to monitor compliance with the legal provisions regarding work conditions, hygiene and safety at work in all of the territory of Sao Tome and Principe. The Committee requests the Government to provide further information on the functioning of the labour inspectorate under the Labour Inspection Act in monitoring compliance of the child labour provisions, especially in the informal sector.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of contraventions reported and on the sanctions applied.