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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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 the Office’s statistics, 51 per cent of children aged from 10 to 14 years were carrying out an economic activity. However, it noted that, according to the 2007 activity reports on the ILO/IPEC project on the abolition of child labour in French-speaking Africa, programmes of action dealing with specific problems, such as child labour in rural areas, child domestic labour involving girls and child labour in gold mines, have been implemented. In addition, a national study on child labour has been conducted in the country and a new national action plan on child labour was being drawn up. The Committee also noted that Burkina Faso is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in mining in West Africa (2005–08)”, in which Niger is also taking part, and whose aim is to withdraw children from gold mines. It asked the Government to supply information on the implementation of the abovementioned projects and to send a copy of the national study on child labour. The Committee noted the Government’s statement that the results of the study are not yet available. The Committee expresses the hope that the study will be completed in the near future and requests the Government to send a copy with its next report. The Committee also requests the Government to supply information on the implementation of the abovementioned projects, and also on the results achieved in terms of the progressive abolition of child labour.

Article 2(1). Scope of application. The Committee previously noted that, according to an activity report of the ILO/IPEC national programme in Burkina Faso, the majority of child workers are in agriculture and stock rearing, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, vendors or apprentices. In this regard, the Government indicated that it had taken measures to extend the scope of application of the Convention to work done outside an employment relationship or in the informal economy, mainly in the form of awareness campaigns (lectures and film shows on the damaging effects of child labour with regard to their physical, mental and social development) in areas where children are exploited or are self-employed. The Committee noted that, whatever the importance of awareness-raising measures in combating the problem of child labour, they cannot be a substitute for measures to protect children against conditions of work which may be harmful to their health or development. It asked the Government to take the necessary measures to ensure that the protection afforded by the Convention is also applicable to children who work without an employment relationship, particularly those who are self-employed, and invited it to consider the possibility of assigning special powers to labour inspectors with regard to children who work in the informal economy.

The Committee noted the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code in Burkina Faso (Labour Code 2008) repealing the Labour Code 2004. It noted that the Labour Code 2008 applies to employment relationships. However, the Committee noted the Government’s statement that it noted the suggestion to assign special powers to labour inspectors in order to eliminate child labour in the informal economy, particularly when children are self-employed. As soon as human resources allow all sectors of economic activity to be covered, this possibility will be considered. The Committee expresses the hope that the Government will be in a position in the near future to take measures to increase staff numbers in the labour inspectorate and thus guarantee that children working outside an employment relationship, particularly in the informal economy or on a self-employed basis, will benefit from the protection afforded by the Convention. It requests the Government to supply information in this regard.

Article 2(2). Raising the initially specified minimum age for admission to employment. The Committee duly noted the Government’s statement that section 152(1) of the Labour Code 2008 prescribes 16 years as the minimum age for access to any kind of employment or work, thus aligning this age to the age of completion of compulsory schooling. In this regard, the Committee drew the Government’s attention to the fact that Article 2(2), of the Convention establishes the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to notify the Director-General of the International Labour Office by means of a further declaration. This enables the age fixed by the national legislation to be aligned to that provided for at international level.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the adoption of the Ten-Year Development Plan for Basic Education (PDDEB), whose main objective is to achieve universal schooling by 2015. The Committee also duly noted that, according to a report on the implementation of the PDDEB for January–June 2006, school attendance is displaying positive trends in Burkina Faso, including the fact that the total number of pupils attending school increased between 2004 and 2006, with an average annual rate of increase of 9.42 per cent, and that, for the same period, the rate of school attendance for girls increased. The Committee asked the Government to continue providing information on the implementation of the PDDEB.

The Committee duly noted the information supplied by the Government to the effect that school attendance is displaying positive trends throughout the country. Infrastructure in terms of classrooms and schools has grown and the number of teachers has increased in both the public and the private sector. The Committee also noted that, according to the statistics supplied by the Government, the gross school enrolment rate for girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08 and for boys from 76.4 per cent to 90.5 per cent for the same period. As regards the gross school attendance rate for girls, it increased from 55 per cent in 2005–06 to 64.8 per cent in 2007–08 and for boys it rose from 66.1 per cent to 80.7 per cent for the same period. The Committee also noted that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, Burkina Faso will probably achieve gender parity between the sexes by 2015. However, according to this report, even though the country has made enormous progress towards achieving universal primary schooling, there is little chance that it will achieve the goal of universal primary schooling for all by 2015. In this regard, it noted that, according to UNICEF statistics for 2006, the net primary school attendance rate is 44 per cent for girls and 49 per cent for boys, and in secondary schools it is 15 per cent for girls and 17 per cent for boys.

While noting the progress made by the Government to improve the country’s education system, the Committee expressed its concern at the low school attendance rate at both primary and secondary levels. It observed that poverty is one of the primary causes of child labour and, in combination with a deficient education system, it hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to take measures which will enable children to participate in compulsory basic education or enrol in an informal school system. In this regard, it requests the Government to supply information on the measures taken in the context of the PDDEB for increasing the school attendance rate in both the primary and secondary sectors, in order to prevent children under 15 years of age from working. The Committee requests the Government to supply information on the results achieved.

Article 3(1) and (2). Hazardous work and determination of these types of work. The Committee noted that section 149(1) of the Labour Code 2008 states that children – persons under 18 years of age – and young persons – persons between 18 and 21 years of age – may not be assigned to work which is likely to jeopardize their development or their reproductive capacity. Under section 149(2) of the Code, the types of work prohibited to children and young persons and also the categories of enterprises prohibited to persons under 18 years of age are determined by a decree adopted in the Council of Ministers further to an opinion from the National Advisory Technical Committee on Occupational Safety and Health. The Committee also noted the information supplied by the Government in its report on Convention No. 182 to the effect that the Ministry of Labour and Social Security sponsored a study in 2008 to review locations where hazardous work is performed and propose draft legislation prohibiting children from performing these types of work. The Committee reminded the Government that, under Article 3(2) of the Convention, types of hazardous work will be determined after consultation with the organizations of employers and workers concerned, where such exist. The Committee sincerely hopes that the draft legislation prohibiting the performance of hazardous work by children under 18 years of age and determining these types of work will be drawn up as quickly as possible and will be in conformity with Article 3(1) and 2 of the Convention. It requests the Government to provide information on all progress made in this regard and also on any consultations held with employers’ and workers’ organizations when determining types of hazardous work.

Article 6. Apprenticeships. The Committee noted that sections 13–17 of the Labour Code 2008 regulate apprenticeships. It noted that these provisions of the Code do not appear to stipulate an age of entry to apprenticeships. However, the Committee noted that section 14(1) of the Labour Code 2008 states that the formal and substantive conditions, the obligations of the parties and the effects of apprenticeship contracts shall be determined by means of regulations. Recalling that the age for admission to an apprenticeship provided for by Article 6 of the Convention is 14 years, the Committee expresses the hope that, when texts regulating apprenticeships are drawn up, the Government will fix a minimum age for admission to an apprenticeship of at least 14 years. It requests the Government to provide information on all new developments in this regard and to send copies of the texts regulating apprenticeships once they have been adopted.

Article 7(1)and (3). Age for admission to light work, determination of, and conditions of employment in, such work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 concerning exceptions to the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 years and above for domestic work and light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons between 13 and 15 years of age. In this regard, the Government indicated that it would revise Order No. 545/IGTLS/HV of 2 August 1954. The Committee expressed the hope that this Order would be revised as soon as possible. The Committee noted that section 152(2) of the Labour Code 2008 states that an exception may be made to the minimum age in cases involving light work. It also noted the Government’s statement that it will adopt texts to apply Article 7 of the Convention and will send copies of the texts to the Office once they are adopted. The Committee hopes that the Government will adopt the texts regulating light work for children as soon as possible and that they will give full effect to Article 7, paragraphs 1 and 3, of the Convention, authorizing employment in light work only for children aged 13 or over and determining the activities in which light work may be authorized, and will prescribe the number of working hours and the conditions of employment or work concerned. It requests the Government to supply information on all new developments in this regard.

Article 9(1). Penalties. The Committee noted that section 422(1) of the Labour Code 2008 lays down penalties for violations of section 152 concerning the minimum age for admission to employment. It also noted that section 421(3) of the Labour Code 2008 states that the penalties shall not be incurred if the infringements committed at the time the work permit was established, in the case of an infringement to section 149 concerning the prohibition on children and young persons carrying out hazardous work, is the result of an error relating to the age of the children or young persons concerned. However, the Committee noted that the provisions of the Code concerning penalties do not appear to lay down precise penalties for violations of the prohibition on the performance of hazardous work by children and young persons. The Committee therefore requests the Government to indicate the precise penalties applicable for violations of section 149 of the Labour Code 2008 and to send a copy of the provisions concerned.