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

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

Article 2(1) of the Convention. 1. Scope of application. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) applies only to work performed on the basis of an employment relationship between an employer and a worker, and does not cover children who work on their own account. In this respect, the Government indicated that, although the national legislation does not contain provisions respecting work performed by children on their own account, a regulation on this type of work could be adopted in the context of informal work. The Government indicated that studies were being carried out on the subject. The Committee also noted the ILO–IPEC information that the majority of children work in the informal sector. The Committee expressed the hope that, following the completion of the relevant studies, the Government would take measures to protect children who are not bound by an employment relationship.

The Committee notes the Government’s statement in its communication of 2 June 2009, regarding the comments of the National Union of Angolan Workers (UNTA) that the Labour Inspectorate is making efforts to fulfil its duties in the informal sector but that due to the specificity of this sector, other entities are also involved in informal sector regulation. The Government indicates that at the provincial level, measures have been taken regarding the supervision of the informal sector through monitoring units of the provincial governments. The Government indicates that it has also taken various measures to reduce the scope of the informal sector through formalization initiatives, including the opening of professional training schools for young people and mobile vocational training centres, by supporting micro-enterprises and through the provision of micro-credit grants. The Government states in this communication that the informal sector will not disappear rapidly, in part due to the large number of migrants in the country resulting from the civil war.

The Committee notes the information in a report on the worst forms of child labour in Angola of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that the Government lacks the capacity to regulate the informal sector, where the majority of children work and where most labour law violations occur. The Committee therefore requests the Government to take the necessary measures to adapt and strengthen the labour inspection services and the provincial monitoring units so as to ensure that the protection envisaged by the Convention is provided to children who work on their own account or in the informal economy. The Committee also encourages the Government to pursue its efforts to reduce the scope of the informal sector, and to provide information on the impact of these measures with regard to working children. Lastly, noting an absence of information in the Government’s report on the possibility of adopting a regulation concerning children working in the informal sector, the Committee requests the Government to provide information on any developments in this regard.

2. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that section 2(d) and (e) of Act No. 2/00 excludes family work and occasional work from the Act’s scope of application. However, the Committee also observed that the Government did not intend to avail itself of the possibility, under Article 4 of the Convention, of excluding these two areas of work from the scope of the Convention. In this regard, the Committee noted the Government’s indication that it was preparing regulations covering family work and occasional work with a view to guaranteeing protection to these categories of workers and bringing the national legislation into conformity with the Convention. Noting an absence of information on this point in the Government’s report, the Committee once again expresses the hope that the legislative texts regulating family work and occasional work will determine the conditions of work of children engaged in these types of employment, particularly with regard to the minimum age for admission for employment or work for these categories of workers. It requests the Government to provide a copy of the above texts as soon as they are adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, following 27 years of civil war, the population remained under conditions of extreme vulnerability, which had repercussions on the education system and pushed children to work. The Committee noted that around 44 per cent of girls and boys did not attend school, but that the Government was implementing, in collaboration with UNESCO, a National Action Plan for Education for All (2001–15) (NAP EFA).

The Committee notes the Government’s indication, in its report to the Committee on the Rights of the Child (CRC) of 26 February 2010, that the newly established National Council for Children is developing a national action plan for children, which includes measures to facilitate universal primary schooling, such as expanding the school-meal programme to all children, expanding the school network in communes and villages, and implementing initiatives to retain teachers in rural areas. The Government’s report to the CRC also indicates that, as part of the Amigas da Criança Schools Project, 219 schools were built and 110 primary schools (in 17 provinces) were renovated, serving a total of 88,830 children (CRC/C/AGO/2–4, paragraph 322). However, the Committee also notes the Government’s indication in its report to the CRC that there are high student failure and drop-out rates in the country, and that due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade (CRC/C/AGO/2–4, paragraph 344). In this regard, the Committee also notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 December 2008, expressed its concern at the low indicators for education in Angola, and the limited access to education for groups such as poor families, girls and children in rural areas (E/C.12/AGO/CO/3, paragraph 38). Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts, within the framework of the NPA EFA and the forthcoming national action plan for children, to strengthen the functioning of the education system. It requests the Government to provide information on the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in primary education.

Article 3(1). Age of admission to hazardous types of work. In its previous comments, the Committee noted that pursuant to section 284(1) of Act No. 2/00, “minors” may not be engaged in work which is hazardous for their physical, mental and moral development. The Committee reminded the Government that pursuant to Article 3(1) of the Convention, no child under 18 years of age may be engaged in hazardous work, and requested the Government to indicate the definition of the term “minor” contained in section 284(1) of Act No. 2/00.

The Committee notes that section 11 of Act No. 2/00 states that minors between the age of 14 and 18 years of age have the juridical capacity to enter into some types of labour relationships. It also notes that section 285 of Act No. 2/00 specifies that all minors must undergo a medical examination prior to employment, and that this process must be repeated every year until the age of 18 is reached. The Committee further notes that the provisions in Act No. 2/00 concerning hours of work for minors (section 287) and remuneration for minors (section 286) provide guidelines for persons between the ages of 14 and 18. The Committee therefore observes that the term minor in section 284(1) of Act No. 2/00 appears to refer to all persons under 18 years of age.

Article 7. Light work. The Committee previously noted that pursuant to section 283 of Act No. 2/00, minors may carry out light work which does not entail major physical effort or is not likely to harm their health or their physical or mental development and which establishes the conditions for apprenticeship or training. It also noted that under section 299 of Act No. 2/00 any employer who is authorized to recruit minors who are subject to compulsory schooling shall collaborate with official education services for the installation of a classroom within or adjacent to the workplace, if the employer employs over 20 such minors and the enterprise is more than 5 kilometres away from a school. The Committee observed that these two provisions appeared to permit light work, but did not specify a minimum age for such work.

The Committee notes an absence of information on this point in the Government’s report and observes that it appears that no lower minimum age for light work has been set in law. Moreover, the Committee notes the information in a report entitled “Children’s work in Angola: An overview”, produced jointly in 2007 by the ILO, UNICEF and the World Bank (through the “Understanding Children’s Work” project) that approximately 26 per cent of children between the ages of 5 and 14 are engaged in economic activity. In this regard, 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 only from the age of 12 years in light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance in 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 pursuant to 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. Noting the high number of children under the minimum age for admission to work engaged in economic activity, the Committee requests the Government to take the necessary measures to regulate light work, so as to ensure that only children from the age of 12 years may engage in economic activity, pursuant to Article 7(4) of the Convention. It also requests the Government to take the necessary measures to determine the number of hours during which, and the conditions in which, light work may be undertaken by children of 12 years of age and above.

Article 9(3). Registers of employment. The Committee previously noted the Government’s indication that, in principle, all enterprises keep a list of the names of persons who work for them. Labour inspectors may discharge their functions on the basis of this register, in accordance with Decree No. 155/04, published in the DR, first series, No. 105, of 31 December 2004. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the provisions of the national legislation requiring employers to keep a list of the persons who work for them. It also requests the Government to provide a copy of Decree No. 155/04.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the CRC, in its concluding observations of October 2004 (CRC/C/15/Add.246, paragraphs 64 and 65), expressed concern that many children work below the legal age for admission to employment. Most of them work on family farms and in the informal economy, where their work is not monitored, even though it is well known that children are being exploited. The Committee also noted ILO–IPEC information from 2006 that approximately, 30 per cent of girls and boys are engaged in work in Angola. However, it noted that ILO–IPEC was implementing projects in the country to prevent children from being engaged in child labour and to raise awareness on this topic.

The Committee notes the information in the WFCL Report that the Government is participating in a project to combat exploitive child labour, implemented by the NGO “ChildFund International”. This project targets 2,653 children for withdrawal and 4,347 children for prevention from exploitative child labour in the capital city of Luanda and the province of Benguela. The Committee also notes the ILO–IPEC information that the Tackling Child Labour through Education (TACKLE) project was launched in 2009. This project aims to contribute to poverty reduction in the least developed countries by providing equitable access to basic education and skills development to the most disadvantaged sections of society. The Committee further notes the information in the ILO–IPEC Technical Progress Report for the TACKLE project of March 2010 (TACKLE project TPR) that the National Steering Committee for the project was established at the beginning of 2010. However, the TACKLE project TPR also indicates that activities in Angola have been slow due to weak institutional capacity and a lack of experience in addressing child labour issues in the country. While noting the extremely difficult situation facing the country, the Committee once again expresses its deep concern at the situation of young children under 14 years of age working in Angola and requests the Government to redouble its efforts to combat child labour. It also requests the Government to provide information on the impact of measures adopted in the context of the TACKLE project. Finally, the Committee requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Angola is available, and to provide this information when it becomes available.