Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE) and the fact that draft texts were being prepared with a view to harmonizing the national legal framework. Noting with concern the high number of children engaged in child labour in Senegal who have not reached the minimum age for admission to employment of 15 years, the Committee requested the Government to intensify its efforts to combat child labour and to conduct a new national survey on child labour. In its report, the Government states that combating child labour remains a priority and highlights the development of human capital and the social protection for vulnerable groups in the Emerging Senegal Plan (PSE). This is reflected at the sectoral level in policies and programmes based on strengthening the quality of education and the protection of vulnerable groups. The Government also indicates that the PCNPETE’s final evaluation has not yet been conducted and that a new national survey on child labour is not on the agenda. The Committee notes that, according to the Government’s replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 26 July 2019, the lack of national surveys is an obstacle to understanding the prevalence of child labour (E/C.12/SEN/Q/3/Add.1, paragraph 85). Further, according to Senegal’s Voluntary National Review on the Sustainable Development Goals of June 2018, indicator 8.7 could be covered on a regular basis in the next national statistical development strategy. The Committee requests the Government to intensify its efforts to combat child labour. Recalling that the PCNPETE reached its term in 2017, it requests the Government to provide information on the progress of legislative amendments and results obtained within the framework of the PCNPETE regarding the elimination of child labour, and on various projects that have been implemented. Noting that no statistical study on child labour has been conducted, the Committee also requests the Government to intensify its efforts to ensure that adequate updated data on the situation of child workers are available, particularly by conducting a new national survey on child labour.

Article 2(1). Minimum age for admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows exemptions from the minimum age for admission to employment by order of the Minister of Labour, taking into account local circumstances and the activities that may be required. Reminding the Government that no one under the minimum age for admission to employment or work shall be admitted to employment or work in any occupation, and that the only possible exception is light work under Article 7 of the Convention, the Committee urged the Government to revise the provisions of its legislation with a view to introducing the necessary amendments to ensure conformity with the provisions of the Convention and to provide copies of the draft legislative texts on this subject. In its report, the Government states that draft texts have been prepared taking into account the recommendations of the ILO supervisory bodies. A Bill has thus been prepared amending the minimum age for employment or work, which has been adopted by the Council of Ministers and must be submitted to the National Assembly, as well as draft ministerial decrees, which have already been prepared and approved by the National Advisory Council of Labour and Social Security, and which can only be signed after the adoption of the aforementioned Bill. The Committee further notes that, according to the Government’s replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 14 August 2019, the minimum age for admission to employment will be raised to 16 years (as the draft legislation is in the process of being adopted) (E/C.12/SEN/Q/3/Add.1, paragraph 79). While noting that the Bill amending section L.145 of the Labour Code on the minimum age of admission to employment and work was adopted by the Council of Ministers on 2 January 2019, the Committee notes with regret that the Government has not provided any copies of the Bill nor of the abovementioned draft ministerial decrees. In light of the foregoing, and taking into account that it has been commenting on this matter for over 15 years, the Committee firmly hopes that the Government will, without delay, be able to report on the amendment of its legislation in conformity with the Convention, by only providing for exemptions from the minimum age of admission to employment and work strictly in cases prescribed in the Convention. It requests it to provide copies of the above Bill and decrees once they are adopted.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee recalled that the Convention applies to all forms of work and employment, including children working in the informal economy. It requested the Government to take measures to adapt and strengthen the labour inspection services to ensure the monitoring of child labour in the informal economy and to ensure that these children are afforded the protection set out in the Convention. In its report, the Government indicates that the labour inspection services have been strengthened in terms of staff and operational resources, which has resulted in an exponential increase in the monitoring of establishments with a national total of 4,189 in 2018, compared with 2,557 in 2017. The Government emphasizes, however, that these statistics do not cover the monitoring of child labour in the informal economy and that, at a seminar held in July 2019, it requested the various labour inspectorates to intensify their efforts by broadening their scope of intervention in the informal economy. The Committee notes that, according to the 2018 Annual Labour Statistics Report, the low level of inclusion of the decentralized level (Labour and Social Security Inspections), due mainly to the scant consideration given to the informal sector in monitoring activities, is one of the difficulties facing the Coordination Unit for Combating Child Labour. In addition, in its replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 14 August 2019, the Government indicates that Child labour in the informal sector continues to present a major challenge, as some vulnerable rural and urban households provide various services for sale as a survival strategy (E/C.12/SEN/Q/3/Add.1, paragraph 83). In addition, the Committee on Economic, Social and Cultural Rights expressed its concern about the insufficient human and budgetary resources available to the labour inspectorate, which do not allow it to effectively monitor the situation of persons who are exploited, including children (E/C.12/SEN/CO/3, paragraph 19). The Committee recalls that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (see General Survey on the fundamental Conventions, 2012, paragraph 345). It once again requests the Government to take measures to adapt and strengthen the labour inspection services to ensure the monitoring of child labour in the informal economy and to ensure that these children are afforded the protection set out in the Convention. It requests that the Government provide information on the measures taken for this purpose.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 relating to child labour provides that the minimum age for admission to hazardous types of work is 18 years. However, it noted that, under the terms of Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of the hazardous types of work prohibited for children and young persons (Order No. 3750), boys under the age of 16 years are authorized to carry out the lightest work in underground mines and quarries, such as loading ore, handling and haulage of small wagons within the weight limits set out in section 6 of the Order, and overseeing or handling ventilation equipment (section 7). Order No. 3750 also allows the engagement of children aged 16 years in the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspectorate (section 14); work involving vertical wheels, winches and pulleys (section 15); the operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Government expressed a commitment to amend all the provisions that were not in conformity with the Convention in the context of a reform of laws and regulations as part of the implementation of the PCNPETE. The Committee notes with deep concern the Government’s information that the legislative reform it had reported is still ongoing. Recalling that it has been referring to this issue since 2006, the Committee urges the Government to take the necessary measures as rapidly as possible to bring its legislation into conformity with the Convention in order to guarantee that children under 16 years cannot be engaged in work in underground mines and quarries. The Committee further urges the Government to ensure that the conditions provided for in Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the hazardous types of work covered by Order No. 3750 of 6 June 2003, including that they have received adequate specific instructions and training in the particular types of hazardous work. It requests the Committee to provide copies of the regulatory texts concerned once they have been adopted.