Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Minimum Age Convention, 1973 (No. 138) - Central African Republic (Ratification: 2000)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that 57 per cent of children between 5 and 14 years of age were engaged in work in the Central African Republic (44 per cent of boys and 49 per cent of girls). It noted the Government’s indication that, in the context of the adoption of new Act No. 09.004 issuing the Labour Code of the Central African Republic in January 2009, the Labour Department had worked on the preparation of texts to implement the Code. The Government indicated that a national policy aimed at progressively abolishing child labour and increasing the minimum age for admission to employment or work would be prepared once the implementing texts had been issued.

The Committee observes once again that the regulations implementing the Labour Code have still not been published and, consequently, the national policy aimed at progressively abolishing child labour has not yet been adopted. However, the Government indicates that a national policy of this kind is being formulated. The Committee is bound to note once again with deep concern the large number of children under 14 years of age who are working, as well as the lack of a national policy aimed at combating this practice. Observing that the Government has already been referring for years to a national policy aimed at progressively abolishing child labour, the Committee urges the Government once again to take immediate steps to formulate and implement such a policy as soon as possible. It also requests the Government to take the necessary steps to ensure that adequate current data are collected on the situation of children engaged in work in the Central African Republic and to send information on this matter, once it is available.

Article 2(1). Scope of application and minimum age for admission to employment or work. Self-employment and work in the informal economy. The Committee previously noted that the Labour Code is not applicable to self employed workers (section 2) but only governs professional relationships between workers and employers deriving from employment contracts (section 1). The Committee noted with concern that an increasingly large number of children under 14 years of age were working in the informal economy and were often employed in hazardous work.

The Committee notes the Government’s indication that it is facing serious financial difficulties as regards strengthening the capacities of the labour inspectorate, so as to ensure that children who are self-employed or working in the informal economy enjoy the protection of the Convention. The Government states that, as a result, it is unable to allocate adequate resources and equipment to the labour inspectorate to enable it to perform its duties. However, awareness-raising activities are being conducted in partnership with UNICEF to inform economic operators about the protection of children employed in the informal economy and in hazardous work. The Committee requests the Government to provide detailed information on the impact of awareness-raising activities in terms of ensuring that children who are self-employed or working in the informal economy enjoy the protection of the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to UNESCO statistics for 2009, the net primary school enrolment rate appeared to have increased slightly despite the fact that it remained relatively low, especially for girls (57 per cent for girls compared with 77 per cent for boys).

The Committee notes that the Government, in the context of the National Plan of Action on Education for All (NPA–EFA), through the Ministry of Education and in partnership with UNICEF, launched a committee for the national awareness-raising campaign on children’s right to education, which began working throughout the country before its activities were suspended because of the insecurity resulting from the political and military crisis. The Committee observes that, according to UNICEF statistics for the school year ending in 2011, the net primary school enrolment rate appears to show another slight increase, standing at 78 per cent for boys and 59 per cent for girls. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the school enrolment rate for children under 14 years of age, giving particular attention to girls. It requests the Government once again to provide information on the measures taken and the results achieved.

Article 3(2). Minimum age for admission to hazardous types of work and determination of these types of work. The Committee previously noted that section 261 of the Labour Code provides that a joint order of the Minister of Labour and the Minister of Public Health, issued further to the opinion of the Standing National Labour Council, shall determine the nature of the types of work and the categories of enterprises prohibited for children and the age limit up to which this prohibition applies.

The Committee notes the Government’s indication that the adoption of the list of hazardous types of employment or work is imminent. Recalling that, under Article 3(2) of the Convention, hazardous types of work must be determined in consultation with the organizations of employers and workers concerned, the Committee urges the Government to take the necessary steps to ensure that the list of types of employment or work prohibited for children and young persons under 18 years of age is adopted as soon as possible. It requests the Government to provide information on all progress made in this respect.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that, under section 331 of the Labour Code, certain enterprises or establishments, as well as certain categories of enterprises or establishments, may be exempted from the obligation to keep an employment register by reason of their situation, their small size or the nature of their activity, by order of the Ministry of Labour further to an opinion of the Standing National Labour Council. The Committee reminded the Government that Article 9(3) of the Convention does not envisage such exemptions.

The Committee notes the Government’s indication that it undertakes to ensure the conformity of the legislation with this provision of the Convention. The Committee urges the Government once again to take the necessary measures as soon as possible to ensure that the legislation is in conformity with the Convention, ensuring that no employer may be exempted from the obligation to keep a register of persons under 18 years of age employed by him or working for him.