Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 2(1) of the Convention. Scope. In its previous comments the Committee noted that the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code in Burkina Faso (hereinafter Labour Code of 2008) only applies to employment relationships. The Committee noted that the majority of children work in agriculture and stock rearing, and that the most exposed groups work as apprentices in the informal economy in small-scale gold mining and, especially in the case of girls, as domestic workers, vendors or apprentices. The Committee asked the Government to take the necessary steps to ensure that the protection afforded by the Convention is also applicable to children working outside the context of 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 Government’s indication that it had 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, and that this possibility would be considered as soon as human resources enabled all sectors of economic activity to be covered.

The Committee notes that the Government reiterates that there has been a considerable increase in the numbers of labour inspectors and controllers. It further notes that, according to the information communicated in the Government’s report relating to the Labour Inspection Convention, 1947 (No. 81), the training given to trainee labour inspectors and controllers is two academic years of nine months each and includes a training course on international labour standards. The Committee requests the Government to continue to take steps to adapt and strengthen the labour inspectorate in order to improve the capacity of labour inspectors to identify cases of child labour in the informal sector, so as to ensure that the protection afforded by the Convention will be applied to children under 15 years of age in this sector and to children under 18 years of age engaged in hazardous work. It requests the Government to send information on this matter and on the results achieved.

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 2001–10 (PDDEB), whose main objective is to achieve universal schooling by 2015. It duly 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 it rose from 76.4 percent 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. While noting the progress made by the Government in improving the education system in the country, the Committee expressed its concern at the low school attendance rate at both primary and secondary levels.

The Committee notes that, in the context of PAN/PFTE, education and vocational training constitute an area of priority action and that one of the guiding principles of PAN is to constantly promote school attendance for children between 6 and 16 years of age, as provided for by the Act establishing guidelines for education in Burkina Faso. It further notes the Government’s statement that a Three-Year Action Plan established by the Ministry for Youth, Vocational Training and Employment (2012–14) (PAT) is currently under way, and this provides, among other things, for the construction of 45 vocational training centres in each province and a vocational training centre serving as reference point in each region, of which there are 13 in total. The Government also indicates that the National Employment Agency (ANPE) has 13 regional centres and eight provincial centres for vocational training. These structures are designed to plug the gaps in the traditional education system and prevent children under 15 years of age from working by providing them with basic vocational training and facilitating their social and vocational integration. The Committee notes that, according to the situation analysis of the poverty and vulnerability of children and women in Burkina Faso published by UNICEF in December 2010, the net primary enrolment rate increased from 34.9 per cent in 1997–98 to 74.9 per cent in 2008–09. However, the same document reports that this is still insufficient to reach the second of the Millennium Development Goals, namely, universal primary education. Furthermore, the Committee notes that the Committee on the Rights of Child (CRC), in its concluding observations of 9 February 2010 (CRC/C/BFA/CO/3–4, paragraph 64) expressed its concern that the primary school enrolment rate is still far too low, school enrolment at secondary level remains extremely low, and vocational education and training are available for a minority of children only.

The Committee notes that a still significant number of children who have not yet reached the minimum age for admission to employment do not attend or have stopped attending school. While noting the considerable efforts made by the Government, the Committee urges the Government to intensify its efforts to increase the school enrolment rate, particularly for children under 15 years of age in order to prevent the latter from working, especially on a self-employed basis and in the informal sector. The Committee requests the Government to continue to provide information on the measures taken in the context of PAN/PFTE and PAT to increase the school attendance rate and on the results achieved. It also requests the Government to provide information on the number of children who have benefitted from the services of the vocational training centres established in the context of PAT or by the ANPE.

Article 6. Apprenticeships. The Committee previously noted that sections 13–17 of the Labour Code of 2008 regulate apprenticeships. It observed that these provisions of the Code do not appear to stipulate an age for entry to apprenticeships. However, the Committee noted that section 14(1) of the Labour Code of 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. The Committee expressed the hope that when texts regulating apprenticeships were drawn up, the Government would fix a minimum age for admission to an apprenticeship of at least 14 years, in conformity with the Convention.

The Committee notes the Government’s indication that Joint Order No. 2010-023/MTSS/MJE concerning apprenticeship contracts was adopted on 13 December 2010. This Order determines the formal and substantive conditions for apprenticeship contracts. The Committee notes with interest that, under section 6 of this Order, nobody may embark on an apprenticeship before the age of 16 years.

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 on farms and tending for animals. The Committee reminded the Government that Article 7(1) of the Convention authorizes light work only for persons between 13 and 15 years of age. The Government indicated that it would revise Order No. 545/IGTLS/HV of 2 August 1954. The Committee noted that section 152(2) of the Labour Code of 2008 states that an exception may be made to the minimum age in cases involving light work. It also noted the Government’s indication that it would adopt legislative texts to apply Article 7 of the Convention and would send copies of the texts to the Office once they were adopted.

The Committee notes the Government’s indication that Order No. 2008-0027-MTSS/SG/DGSST establishing exceptions to the minimum age for admission to employment was adopted on 26 December 2008 and fixes the conditions for the admission of children of either sex to light work. The Committee notes with interest that this Order sets the age for admission to light work at 13 years or over. Furthermore, the Order prescribes the length of the working day (not more than four-and-a-half hours per day) and prohibits the performance of light work on Sundays and/or official or recognized holidays, and also at night between 8 p.m. and 8 a.m. Children may not perform light work during the school term and may not be employed without the explicit permission of their parents or guardians.