Minimum Age Convention, 1973 (No. 138) - Gambia (Ratification: 2000)

Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Discussion by the Committee

Chairperson – I invite the Government representative of Gambia, First Secretary of the Permanent Mission of the Republic of the Gambia to the United Nations Office and other international organizations in Geneva, to take the floor.

Government representative – Gambia has ratified Convention No. 138 which specifies a minimum age for admission to employment, setting it at 14 years. However, there are proposals put forward to bring it down to 12 years from other sectors. The ratification occurred on 4 September 2000, and the Convention is currently enforced in Gambia.

Additionally, Gambia ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), which addresses the worst forms of child labour, on 3 June 2003. These ratifications demonstrate Gambia’s commitment to promoting decent work for young people and safeguarding their rights. Last year, the Ministry of Trade and Employment developed a child labour policy, followed by a cabinet information paper that will be subsequently presented at the National Assembly for consideration.

In our effort to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons, our Labour Act states that children under the age of 18 cannot work. They are only permitted to do light work.

Gambia is making a lot of effort to ensure that children under the age of 18 are not engaged in employment. This has also been captured in our Children’s Act.

The challenge that Gambia is facing concerns the domestic sector but, as part of the progressive measure to ensure that all sectors are protected, the Labour Act 2023 has covered the issue of domestic workers.

This has given the Government the opportunity to monitor children working in the domestic sector to ensure that they are not subjected to labour and sexual exploitation. These are the new developments regarding Gambia as we strive to ensure that we implement issues regarding the Convention. We hope to ensure that all efforts are undertaken to ensure the full implementation of this Convention, and we hope that we will be able to make all efforts to produce the highest possible impact, as far as Gambia is concerned.

Employer members – The objective of the Convention under discussion today is the effective abolition of child labour, which is understood as work that poses a danger to the health, safety or morals of children, or work that interferes with compulsory education or for which children are simply too young.

It is our duty to protect the rights of children and their well-being, and to protect them from child labour, and it is imperative for States to comply with this Convention which requires countries to set a minimum age for admission to employment and to establish national policies for the elimination of child labour.

Gambia ratified the Convention in 2000. The Committee of Experts made two observations on this case, in 2019 and 2023, and today is the first time that we are discussing in this Committee the application of the Convention by Gambia. We regret that the Government has not provided updated information on this case with regard to the application of the Convention in law and in practice.

The observations of the Committee of Experts indicate serious shortcomings in Gambia’s compliance with the Convention which must be addressed.

Firstly, in relation to Article 2(3) on compulsory education, the Committee of Experts requested the Government to provide information on legal provisions on compulsory schooling in Gambia. To this end, the Government replied that, as part of the revision of the current Children’s Act of 2005, a provision will be introduced to establish an age of completion of compulsory schooling that will be in line with the minimum age for admission to employment or work. However, this is a request that has been made since 2009, and the regulation has not been brought into line with the provisions of the Convention.

The Employer members echo the request of the Committee of Experts for the Government to adopt, without delay, measures to ensure that the revision of the Children’s Act introduces compulsory schooling until the minimum age of admission to employment or work, of 14 years, in accordance with Article 2(3) of the Convention.

The Employer members wish to highlight here that education is key to eradicating child labour. It is well-known that compulsory education and child labour interventions are mutually reinforcing. Furthermore, there is a clear correlation between greater access to education and the reduction of the number of children engaged in work.

Secondly, the observations of the Committee of Experts concern Article 6 on vocational training and apprenticeship. The Employer members regret that, in practice, the issue of minimum age for admission to apprenticeship remains unresolved, insofar as the Labour Act still does not include it in sections 78 and 79 that regulate apprenticeship. This means that the minimum age for admission to apprenticeship is currently 12 years of age in the informal economy under sections 50 and 51 of the Children’s Act, and that there is no minimum age for apprenticeship in the formal economy, pursuant to the Labour Act of 2007.

Child labour is work that undermines the well-being of children and jeopardizes their education, development and future livelihood. Two ILO Conventions – the Convention under discussion and Convention No. 182 – provide the framework for national legislation to establish clear limits on what is and is not acceptable. Not all work carried out by a person under the age of 18 is considered child labour. It is necessary to take into account not only age but also working conditions and type of work. Young people should be able to obtain decent work, but still need protection. The ILO, in its numerous investigations on child labour, has placed an emphasis on the prevalence of the engagement of children in work and its correlation with the minimum age for access to employment.

We consider that it is insufficient for the National Steering Committee on Child Labour to have made recommendations in this respect, as indicated by the Government, and that more effective action is required. The Employer members therefore support the request of the Committee of Experts for the Government to adopt the necessary measures to ensure the establishment, by law, of a minimum age of admission to apprenticeship of at least 14 years, both in the formal and informal economy.

Thirdly, the Committee of Experts makes observations on Article 7 of the Convention with regard to light work. Article 7 of the Convention requires Governments to establish national laws regulating the engagement of children aged 13 to 15 years in light work. Light work for children aged 13 to 15 years is only permitted when it is not likely to be harmful to their health or development, and when it is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes, approved by the competent authority or their capacity to benefit from the instruction received.

In reply to the request by the Committee of Experts, the Government once again stated that it would increase the minimum age for light work from 12 to 14 years in accordance with the forthcoming amendments to the Labour Bill and the Children’s Bill. The Government also indicated that the forthcoming amendments would address types of activity, number of hours and conditions in which light work can be carried out.

The Employer members echo the Committee of Experts’ request for the Government to adopt measures, without delay, to ensure that the revision of the Children’s Bill and the Labour Bill introduces minimum standards on light work for children under the age of 14 years.

Lastly, with regard to Article 9(1) on penalties and labour inspection, the Employer members note the serious lack of staff and material resources to effectively conduct routine inspections, and the support provided by the ILO in terms of training and capacity-building for labour inspectors.

The Employer members echo the Committee of Exports and urge the Government to strengthen its measures to ensure that labour inspectors are properly trained and possess the necessary resources to detect cases of child labour. These measures, however, will not be sufficient, effective or sustainable if they are not implemented together with strategic policies aimed at addressing the root causes, risk factors and socio-economic circumstances that drive or lead to the exploitation of children.

We are aware of the intense activity of the Office regarding the prevention and eradication of child labour. We encourage the Government to avail itself of ILO technical assistance in order to apply effective strategies to ensure compliance with the provisions of the Convention following timely and effective consultation with the social partners.

To conclude, we wish to point out that, in order to achieve target 8.7 of the Sustainable Development Goals on ending child labour in all its forms, it is necessary for all governments, employers’ and workers’ organizations, and the ILO itself, to continue to work conscientiously.

Worker members – Firstly, allow me to express my personal regret and the regret of this Committee’s Worker members at the absence of the Workers’ delegate from Gambia who, despite making a number of requests to the Government, never received a response regarding his accreditation and was therefore unable to take part in this important discussion. We cannot overemphasize the need to ensure the tripartite participation of delegations in the International Labour Conference in general and therefore in this important body, the Committee, in accordance with the provisions of the Constitution and the Standing Orders of the Conference.

Combating the economic exploitation of children is at the heart of the ILO’s mandate. This has been a key concern of the ILO since its establishment. In 1919, the first standard governing the minimum age for admission to employment in industry was adopted. Over the years, international standards on the minimum age have proliferated in a number of sectors. It was in 1973 that the Convention, intended to be cross-sectoral, was adopted.

This instrument calls on Member States to pursue a national policy designed to ensure the effective abolition of child labour. Establishing a minimum age for admission to employment implies:

• guaranteeing and ensuring that children are able to attend school;
• regulating the forms of economic activity in which they are permitted to engage; and
• protecting their health and safety.

This Convention enshrines the profound conviction of the ILO’s constituents that childhood should be a period of life devoted to children’s physical and mental development, not a period spent working at an early age.

Like virtually all of our Organization’s Member States, Gambia has also ratified the Convention. The application of the Convention by Gambia was the subject of observations by the Committee of Experts in 2019 and 2023, but has been the subject of repeated direct requests since 2009. The case is now before our Committee.

According to ILO statistics, the proportion of children aged between 5 and 11 years engaged in economic activity was 17.3 per cent in 2018 in Gambia, or nearly one child in five. The proportion of children aged between 12 and 14 years engaged in economic activity was 12.8 per cent in 2018.

UNICEF’s 2022 poverty report indicates that nine out of ten children live in poverty in Gambia. In addition, while article 30 of the Gambian Constitution recognizes the fundamental right of children to education, UNICEF figures indicate that only 78 per cent of children attend primary school. Although this rate is a sign of measured progress over the previous decade, the education system still has major bottlenecks that prevent it from providing high-quality service, according to the 2022 UNICEF report. Preschool education is underdeveloped, both in terms of curricula and in terms of laying a solid foundation for lifelong learning. In addition, more than 20 per cent of school age children are out of school.

There is undoubtedly a strong link between education and the minimum age for admission to employment. Depriving children of the opportunity for education and training severely damages their prospects and increases their likelihood of entering the world of work permanently and prematurely. Compulsory schooling is the most effective way of protecting children from the risk of child labour.

It is therefore essential that compulsory schooling is introduced at least until the minimum age for admission to employment. According to the Committee of Experts’ report, the Government indicates that a provision setting an age of completion of compulsory schooling, aligned with the minimum age for admission to employment or work, will be introduced in the framework of the revision of the current Children’s Act, 2005. We therefore understand that, up to now and since 2009, there has been no provision setting an age of completion of compulsory schooling. It is essential to bring Gambian legislation into line with the provisions of the Convention at the earliest opportunity.

In relation to apprenticeships, and while Article 6 of the Convention also provides that the minimum age for admission to apprenticeship is 14 years, it is regrettable to note, as pointed out by the Committee of Experts, the lack of harmonization of key provisions including those in the Children’s Act, 2005, and the Labour Act. Sections 78 and 79 of the Labour Bill, which regulate apprenticeships, do not set a minimum age for admission to apprenticeship. The same applies to sections 50 and 51 of the Children’s Act, which set the minimum age for admission to apprenticeship at 12 years, but only in the informal economy, not in the formal economy, which causes confusion, especially as the minimum age set for the informal economy remains too low.

The Government indicates that the National Steering Committee on Child Labour has made recommendations to raise the minimum age for apprenticeships in the informal economy and to set it in the formal economy, and that the minimum age of admission to apprenticeship will be considered in the Labour Bill in parallel with the review of the Children’s Act, with a view to aligning the provisions of the two laws. We trust that these reforms will be implemented quickly.

As regards light work, it is positive that the Government is planning to set the minimum age at 14 years and to determine the types of activities, the number of hours and the conditions in which light work may be undertaken by children. These details will be included in the Labour Bill and the Children’s Bill. Once again, this is merely a stated intention by the Government, which should be acted upon without delay.

Article 9 of the Convention provides that the competent authority shall take all necessary measures, including appropriate penalties, to ensure the effective enforcement of the provisions of the Convention.

However, the Committee of Experts’ report indicates that, according to the statistics communicated by the Government for the first quarter of 2022, the labour inspectorate conducted only seven inspections in the greater Banjul area and 28 inspections in the rest of the country, and did not conduct any inspections in the second quarter of 2022.

These are alarming figures, which can be explained by the glaring lack of staff and resources in the country’s labour inspectorate. Under such conditions, it will be difficult to ensure the effective application of the law in the country if the labour inspectorate is so lacking in staff and resources.

The Government should make it a priority to strengthen the labour inspectorate in order to combat child labour more effectively in the country and ensure compliance with the Convention in practice. The Government itself acknowledges the need for further technical assistance in this regard, and we are confident that the Office will meet this request.

Government member, Switzerland – Education, through its essential role of transferring knowledge and skills, contributes to the personal and professional development of every individual. This is especially true for young children.

Switzerland therefore notes with interest the information provided by the Government that legislative revisions are under way to bring the minimum age of completion of compulsory schooling into line with the minimum age for admission to employment, as defined by the Gambian authorities, at 14 years. As regards light work, the Government should define, in consultation with the social partners, the conditions under which such work may be carried out.

In view of the many forthcoming legislative changes, Switzerland requests the Government to provide the Committee of Experts with information on the new laws adopted in a timely manner. To ensure that these legislative reforms are applied effectively and have a tangible impact in combating child labour, the labour inspectorate will play an essential role. In this regard, Switzerland notes with concern the low number of inspections carried out in the country in 2022 due to the lack of available staff and material resources. Switzerland therefore calls on the Government to take the necessary measures to increase the number of labour inspectors and the resources available to them to carry out inspections. Finally, Switzerland encourages the Government to make use of ILO technical assistance and trusts that this will help to promote the application of the Convention in law and practice.

Worker member, Togo – I am speaking as a representative of the workers of Togo. The Committee of Experts has made pertinent observations and recommendations on the application of the Convention by Gambia, which require the Government’s attention. While we recognize the moderate progress achieved in the Government’s efforts to combat child labour and to protect children’s rights in general, significant challenges remain, requiring immediate and robust action to protect our children and ensure compliance with the Convention.

In Gambia, children are exploited in commercial sexual activity, often as a result of trafficking, and are subjected to forced begging. Boys are sent to Qur’anic teachers, or marabouts, to be educated, and are sometimes forced to beg, sell on the street or engage in farm work. Children also work in hazardous conditions, for example shovelling white sand in coastal mines for the construction industry. These practices are not only exploitative, they are also deeply damaging to the physical and psychological well-being of our children.

In 2022, Gambia took steps to combat the worst forms of child labour. The Government signed a memorandum of understanding with Nigeria to step up efforts to combat trafficking in women and children. This partnership is crucial, as it facilitates the sharing of vital information and the coordination of efforts to combat human trafficking. The Government has also opened four centres to help survivors of sexual violence and trafficking, including children, by providing them with essential services such as legal aid, healthcare and psychological support.

However, the effective application of the law remains a major challenge, as the Government admits in the report. The labour inspectorate is woefully understaffed and underfunded. It is also essential to build the capacity of law enforcement agencies by providing comprehensive training on child labour, including commercial sexual exploitation, forced labour and the use of children in unlawful activities. Ensuring that penalties for child labour violations are applied consistently will also act as a deterrent to potential offenders.

Although the National Agency against Trafficking in Persons (NAATIP) has made progress, including by increasing its funding and carrying out awareness-raising activities, it remains dependent on international support. The National Agency’s ability to investigate and prosecute cases of child trafficking is hampered by inadequate resources and insufficient training of law enforcement officials on the worst forms of child labour. The coordination of processes for applying child labour legislation must be improved. The National Coordination Committee on Child Labour, intended to oversee the application of the law and prosecutions, is largely inactive. The reinstatement of this committee and its effective functioning are essential for a coherent and comprehensive approach to combating child labour.

Gambia’s social programmes to combat child labour are also lacking in scope. Programmes such as the child protection shelters of the Department for Social Welfare and conditional cash transfers to Islamic religious schools need to be scaled up and made fully operational. The Government must ensure that these programmes cover all children at risk, including those working in farming, domestic work and street activities. Furthermore, barriers to education, such as inadequate infrastructure, lack of transport and the cost of schooling, need to be removed in order to reduce children’s vulnerability to exploitation.

In conclusion, while Gambia has achieved moderate progress, much remains to be done. By closing legislative loopholes, ensuring adequate funding and resources for law enforcement agencies, improving coordination and developing social welfare programmes, we can protect our children from the worst forms of child labour. Our collective commitment to these efforts will safeguard our children’s future and ensure compliance with the Convention.

Worker member, Uganda – I take cognizance of the observations of the Committee of Experts with reference to Article 2(3) of the Convention on compulsory education, Article 6 on vocational training and apprenticeship, Article 7 on light work and Article 9(1) on penalties and labour inspection. I therefore wish to reiterate my support for the Committee of Experts’ observations as follows:

Child labour remains a global challenge that is mainly attributed to poverty. Aristotle also said that “poverty is the parent of revolution and crime”, and hence the dire need to combat child labour anywhere. Child labour presents itself with various ever-changing complexities that then require multifaceted approaches to best deal with it and its consequences.

In most developing countries, many young men and women who face difficulties are actually compelled to engage in child labour practices and early marriages for survival. This then poses other serious challenges as we have witnessed with the rise in young parenthood.

This, therefore, calls for inclusive, continuous and regulated efforts and strategies for consistent awareness creation and capacity building for stakeholders to eliminate child labour in Gambia, among other countries.

One of the measures the Government must take is the inclusion of stakeholders, that is trade unions, employers’ organizations, civil society organizations, community leaders and donor communities to assist the Government so as to best implement this Convention.

It is important to note that trade unions could play a role in assisting the Government, but I am informed that one of the trade leaders has failed to attend this Conference because the Government refused to facilitate or support him. This attitude by the Government shows that it does not have a culture of inclusiveness in its actions, programmes and policy development.

In conclusion, I wish to urge the Government to undertake the following: first, the Government should engage in consultations with the tripartite social partners and other stakeholders to review all the legislation that is mentioned by the Committee of Experts so that they can bring it into conformity with the Convention; and secondly, the Government should also mobilize resources so as to address the root causes of child labour in Gambia.

Worker member, Zimbabwe – It is quite important to note that the Committee of Experts’ report has raised four critical issues in respect to which the Government, to date, has not provided satisfactory responses. These issues concern: Article 2(3) of the Convention which deals with compulsory education for children; Article 6, which addresses issues about vocational training and minimum age for apprenticeship; Article 7 on the minimum age for light work; and Article 9(1) which requires the establishment of penalties and a system of labour inspection.

The Committee of Experts has been raising these matters since 2009, requesting the Government to set up a legal framework that sets out an age of completion of compulsory schooling that is aligned with the minimum age for admission to employment of 14 years of age as per the Convention, and the revision of the Children’s Act. We note that the Government has nothing to show despite several observations from the Committee of Experts..

Regarding the observation on vocational training and apprenticeship, the Committee of Experts also noted with regret that the Government has nothing to show again. The issue of setting a minimum age for apprenticeship is not even addressed in sections 78 and 79 of the Labour Bill. Furthermore, the Children’s Act of 2005 remains the substantive law that provides for a minimum age of 12 years for the informal economy, which is way below the 14 years required by Article 6 of the Convention, and there is no minimum age set for the formal economy.

We also note that the Constitution of Gambia, 1996, then revised in 2018, provides that children under the age of 16 years are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous. We note that the interference with their education is continuing in Gambia and is likely to be hazardous. We also take note of the harmful practices to health that it causes, even to their physical, mental, spiritual, moral or social development. However, the Government still has a lot to do to comply with its own Constitution and this Convention.

The Government ratified this Convention on 4 September 2000 and its obligations deriving from the Convention have existed since 3 September 2001. The cumulative period of non-compliance is about 22 years. This shows a serious violation of the Convention, and we continue to urge the Government to remedy the shortcomings in the law and improve the practice to save its children. Children remain important in each and every country. Therefore, it is obligatory for the Government to make sure they protect and serve the children in Gambia.

Worker member, Eswatini – In its sitting in Durban, in the Republic of South Africa, the 5th Global Conference on the Elimination of Child Labour recalled that the 2030 Agenda for Sustainable Development had set a target to end child labour in all its forms by 2025. We are left with only six months until 2025.

The Government can, however, still put in place measures towards achieving this development target. Decent work for all, including women, in all their diversity, and adequate income for adults, inclusive well-performing education systems, and adequate social protection systems are essential for child labour elimination and for protection against poverty, which is the main cause of child labour.

Education is a human right, and providing children with universal access to free, compulsory quality basic education is important to ensure that human beings reach their full potential, so that socially excluded children and adults have greater opportunities to lift themselves out of poverty. The Government is encouraged to recognize children’s capacity to form their own views and their right to effectively participate and express their views freely in all matters affecting them. Policies must be put in place for businesses to contribute to the elimination of child labour by carrying out due diligence in their operations and supply chains and ensuring responsible and sustainable business practices that address the root causes of child labour. The Government must reinforce the effective implementation of national laws, regulations and policies on child labour and by strengthening the capacity of law enforcement bodies, labour inspectorates, child protection and education services, and other relevant authorities.

Measures must be taken to increase efforts to formalize the informal economy, and to extend the coverage of labour laws, particularly in agriculture, where most child labour occurs.

The elimination of direct and indirect barriers to quality compulsory education for girls and boys, such as distance, cost, safety, security and gender- and disability-specific barriers, by eliminating fees, as appropriate, promoting universal scholarships and school feeding, and ensuring no one is excluded from quality education by taking into account the particular needs of children in the most vulnerable situations, including those with disabilities and marginalized children, is essential for the eradication of child labour, even through minimum-age setting. I urge the Government to seriously take strategic measures without further delay.

Worker member, South Africa – The Government has made minimal advancements to eliminate child labour. I have taken note of the Government’s admission that enforcement of the law remains a challenge in the country, as well as the issues concerning labour inspection to detect cases of child labour. The Committee of Experts expressed its concern about the seven inspections carried out in the greater Banjul area and the 28 in the rest of the country during the first quarter of 2022, with no inspections in the second quarter. The Government also admitted its failure to provide adequate resources to the Inspectorate Unit of the Labour Department, as well as human resources. The Committee of Experts noted the difficulties and urged the Government to take the necessary measures in the provision of resources to the Department of Inspections.

The Government should not hide behind the scarcity of resources as an excuse. The lack of resources does not dispense the Government’s obligation under the Convention. The Government should adopt measures to improve its resources. That is its responsibility.

There are reports of children being subjected to the worst forms of child labour including, but not limited to, commercial sex exploitation and street begging perpetuated by some religious schools and tourists, as the country is a tourist destination and, due to poverty, children end up being exploited.

I urge the Government to take, without delay, the following measures:

• (1) ratify the Labour Inspection Convention, 1947 (No. 81), for greater protection of children;
• (2) strengthen labour inspection facilities and systems to ensure compliance with labour laws and standards, thereby protecting the rights and safety of children;
• (3) ensure that sanctions for non-compliance are enforced and are a deterrent to potential offenders, in order to stop the practice;
• (4) increase educational awareness among communities and schoolchildren and parents about the detrimental effects of child labour.

Lastly, we advise the Government to consider visiting our country and have an information-sharing meeting with our Government and its social partners.

Worker member, Belgium – This fundamental ILO Convention aims to effectively abolish child labour by setting a minimum age for admission to employment and introducing national policies to abolish child labour. While some modest progress has been achieved in terms of school enrolment rates, there remain many difficulties in properly protecting children against forced labour, particularly in the tourism sector where children are sexually exploited, in farming, through forced begging or domestic work.

Article 9 of the Convention requires States to take all necessary measures, including appropriate penalties, to ensure the effective enforcement of its provisions.

In Gambia, sections 47 and 48 of the Labour Act provide for prison sentences and fines for violations of child labour regulations. However, despite repeated direct requests by the Committee of Experts since 2009, we have very little information on the number and nature of violations recorded by labour inspectors, or on the number and nature of penalties imposed.

As already mentioned, in its 2023 observation, the Committee of Experts indicated that, according to the statistics communicated by the Government for the first quarter of 2022, the labour inspectorate conducted only seven inspections in the greater Banjul area and 28 inspections in the rest of the country. No inspections took place in the second quarter of 2022. This situation is truly worrying.

In view of the scourge of child labour, it is crucial that the Government take all the necessary measures to adapt and strengthen the labour inspection services through commitments and additional resources. It is also important to continue efforts to train inspectors on child labour matters in order to improve their ability to detect and deal with such cases.

In accordance with the ILO’s guidelines on labour legislation, the law on minimum age must be applied together with effective penalties and all other necessary measures in the event of violation of child labour provisions. These penalties must target all persons responsible for the illegal employment of minors (employers, parents, guardians) and must be sufficiently dissuasive. They must cover the criminal, civil and administrative spheres, and be differentiated according to the seriousness of the offence. It is also important that children have access to legal protection and remedies, for example by being represented by a trade union. Finally, children who work under the required age, if in an illegal activity, should not incur any penalty.

It is therefore essential that resources and strategies are put in place so that the Gambian judicial system can effectively prosecute offenders, protect victims and combat impunity, in accordance with the principle of the rule of law. We urge the authorities to do their utmost to ensure that child labour is detected, and that effective and dissuasive penalties are applied against the perpetrators.

Chairperson – I can see no more requests for the floor, so now I invite the Government representative of Gambia to take the floor for his final remarks.

Government representative – I thank all the individuals that reacted to Gambia as we strive to implement the Convention. All recommendations and points are well noted. The role of our Mission will be now to escalate some of these issues critically with our Government to ensure that the critical recommendations that are vital to our efforts are duly addressed. So, we will escalate this to the Government.

We regret that the Government delegation that was supposed to come is not here. We just had this information very late, and we offer our apologies, but we will try to ensure that, although we have registered some level of progress regarding the Convention, we still continue to strive for further progress. The recommendation that we should explore technical assistance with the ILO will also be taken into account. All recommendations will be taken on board, and I thank everyone.

Worker members – I would like to thank all the speakers on this case, and in particular the Government representative for the information provided to the Committee and for demonstrating the Government’s willingness to press ahead with legal reform and the implementation of the Convention. Gambia’s children are the country’s future. They must enjoy their right to education and to an environment conducive to their development and the fulfilment of their potential, in accordance with the provisions of the United Nations Convention on the Rights of the Child. This will enable them to make a significant contribution to the social and economic development of the country. Guaranteeing them a basic education means keeping them out of employment by scrupulously observing the provisions of the Convention.

The Government must make combating child labour a national priority in order to achieve SDG target 8.7. To this end, protecting children from the risk of child labour, through a multi-dimensional policy, is vital. We have noted a number of shortcomings in Gambian legislation. The Government will, or at least must, ensure that these shortcomings are overcome.

We support the Committee of Experts’ recommendations to the Government, starting with its plans to amend the legislation to introduce a minimum age for admission to employment or work. The same applies to completing the draft amendments to the Labour Act and the Children’s Act to raise the minimum age for admission to apprenticeship in the informal economy and to introduce a minimum age for admission to apprenticeship in the formal economy. Finally, the last legislative amendment required is to set the minimum age at 14 years and to determine the types of activities, the number of hours and the conditions in which light work may be undertaken by children.

As of today, and even when these legislative amendments have been made, Gambian children should also be able to count on the enforcement of these regulations. Alongside the support measures to be implemented in tandem with the legislative amendments, the enforcement of these regulations will require stronger inspection services. This strengthening requires an increase in the staff, material resources and budget allocated to the labour inspectorate, as well as adequate training for labour inspectors to improve their ability to detect cases of child labour. The Government has indicated its willingness to receive ILO technical assistance. We welcome the constructive spirit shown towards remedying the remaining shortcomings in the application of the Convention. For this reason, like the Committee of Experts, we recommend that the Government seek ILO technical assistance to implement the recommendations to be made by our Committee.

Employer members – In our final remarks on this case, the Employer members would like once again to express their regret at not having been able to receive, in advance, additional information from this Committee. However, we welcome the information provided orally today by the Government and trust in the willingness demonstrated to address the recommendations highlighted here. We also thank all the delegates for their participation and ideas.

In general, we share the concerns expressed by the Committee in this case and encourage the Government to take, without delay, appropriate measures to effectively introduce compulsory schooling until the minimum age for admission to employment or work of 14 years, in conformity with Article 2(3) of the Convention.

Increasing access to a basic, free, compulsory and quality education is crucial to reduce child labour, and both are interrelated objectives.

The legislation on the minimum age for access to work can only be effective if children are required to attend school. Children who do not have access to free and compulsory education are at a greater risk of early entry into the informal labour market, where they are usually obliged to work in hazardous and exploitative conditions.

Furthermore, child labour is a significant obstacle to achieving education for all. Children who do not attend school are at a much greater risk of becoming engaged in work.

It is also paramount for the Government to adopt the necessary measures to ensure the establishment, by law, of a minimum age for admission to apprenticeship of at least 14 years, in both the formal and informal economy, and to introduce minimum standards on light work for children under the age of 14 years in the revision of the Children’s Bill and the Labour Bill.

In light of the discussion, the Employer members also would like to recommend that the Government step up its efforts to ensure that labour inspectors are properly trained, have the necessary resources and are able to detect cases of child labour, and that the Government guarantee that standards providing for penalties, in the case of violation of provisions on the engagement of children and young people in work, are applied effectively.

We insist that, in addition to these measures, it is essential to implement strategic policies aimed at addressing the root causes, risk factors and socio-economic circumstances that drive or result in the exploitation of children.

Lastly, the Employer members encourage the Government to continue to work with the Office, which is already supporting the country, in its efforts to bring its legislation and practice into line with the Convention, and to ensure the protection of children in Gambia.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.

The Committee noted with concern the high incidence of child labour in the country and the numerous gaps remaining in legislation.

Taking into account the discussion, the Committee urged the Government to take effective and time-bound measures to:

• effectively introduce, as soon as possible, compulsory schooling up to the minimum age for admission to employment or work of 14 years;
• ensure that a minimum age for admission to apprenticeship of at least 14 years is established by law in both the formal and informal economy and that the types of activities, the number of hours and the conditions under which children under 14 years can carry out light work are introduced in the revision of the Children's Bill and the Labour Bill;
• intensify its efforts to ensure that labour inspectors are adequately trained and resourced to be able to detect cases of child labour;
• ensure that regulations providing for sanctions in case of violation of provisions on the employment of children and young persons are effectively enforced;
• implement strategic policies aimed at addressing the root causes, risk factors and socio-economic circumstances that lead to or result in the exploitation of children; and
• continue to work with the ILO with a view to bringing legislation and practice in line with the Convention.

The Committee requested the Government to continue to avail itself of ILO technical assistance to ensure full and expedited implementation of the Convention in law and practice.

The Committee further requested the Government to provide a detailed report on the measures taken to implement the above recommendations before 1 September 2024.

Government representative – The Government of Gambia acknowledges receipt of the conclusions from the Committee and duly noted all the measures put forward. The Government recognizes the importance of the Convention, and it will make all efforts to ensure the full implementation of the Convention. We also took due note of the various concerns raised by countries, employers and workers. The Government will ensure that it will fully address all the concerns raised and will utilize ILO technical assistance to ensure the effective implementation of the Convention. We will also work with the ILO regarding legislation and other matters. Gambia hopes that the conclusions agreed here will continue to have a relevance beyond the original composition and that the concerns raised will be watered up to produce the highest possible effect.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes, from the Government’s report, that the terms of reference for the adoption of the Child Labour Policy have been finalized and that a consultant will be engaged for the finalization of the document. In addition, the Committee notes that a consultant will be recruited to review and update the Decent Work Country Programme (DWCP) 2018-21, which included a specific outcome on the progressive elimination of child labour. The Committee requests the Government to provide information on the adoption of the Child Labour Policy and of the new DWCP, including the measures taken within their frameworks to eliminate child labour and the results achieved.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Following its previous comments, the Committee notes the Government’s indication that, despite some setbacks, the new Labour Bill, as well as the Trade Union Bill currently being reviewed, should cover domestic workers (as was agreed by all stakeholders) and that the Department of Labour would attempt to ensure that this is done during the Select Committee Stage at the National Assembly. In this regard, the Government makes a request for technical assistance from the ILO. The Committee requests the Government to keep it informed of the changes made in respect of the coverage of domestic workers by law, in particular by the Labour Bill.

Article 5. Limitation of the scope of application of the Convention. The Committee notes the Government’s indication that, while the current Labour Act excludes family undertakings from its scope of application, the Children’s Act makes no such exception. As a result, the Children’s Act, which includes provisions on the minimum age for admission to work, applies to children in both the formal and informal economy. The Government adds that, while the new Labour Bill will still exclude family undertakings, section 54 of the Bill will refer to the Children’s Act and provide that children cannot be engaged in any public or private agricultural, industrial or non-industrial undertaking (in relation to small-scale undertakings). This means that whereas the general scope of application of the Labour Bill does not cover small-scale undertakings, these undertakings are covered as regards child labour. The Committee therefore draws the Government’s attention to the possibility offered by Article 5(4)(b) of the Convention under which any Member that has limited the scope of application of this Convention may, at any time, formally extend the scope of application by a declaration addressed to the Director-General of the ILO. The Committee requests the Government to provide information on any developments in this regard.

Application of the Convention in practice. The Committee notes the Government’s information that the Child Labour Module of the Labour Force Survey of 2022 is now being reviewed by the Gambia Bureau of Statistics, in collaboration with the ILO. The Committee requests the Government to provide the results of the Child Labour Module of the 2022 Labour Force Survey with its next report, as well as any other up-to-date statistical data on the situation of working children in the Gambia, disaggregated by gender and age groups, and on the nature, extent and trends of the labour of children and young persons working below the minimum age.

The Committee once again encourages the Government to take into consideration its comments during the ongoing review of the Labour Act, 2007 and of the Children’s Act, 2005. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 2(3) of the Convention. Compulsory education. In response to the Committee’s previous request to indicate the legal provisions which provide for compulsory schooling, the Government indicates, in its report, that a provision setting an age of completion of compulsory schooling, aligned with the minimum age for admission to employment or work, will be introduced in the framework of the revision of the current Children’s Act, 2005. Considering that the Committee has been raising this issue since 2009, the Committee requests the Government to take measures to ensure that the revision of the Children’s Act will introduce compulsory schooling up to the minimum age for admission to employment or work of 14 years, in compliance with Article 2(3) of the Convention. It requests the Government to provide information on the progress achieved in this respect.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes with regret the Government’s indication that sections 78 and 79 of the Labour Bill, which regulate apprenticeships, remain silent regarding the minimum age for admission to apprenticeships. This means that the issue of the minimum age for admission to apprenticeships (currently 12 years of age in the informal economy by virtue of sections 50 and 51 of the Children’s Act, 2005, and no minimum age for apprenticeships in the formal economy under the Labour Act, 2007) remains unresolved. The Government indicates that the National Steering Committee on Child Labour has made recommendations to raise, and provide for, a minimum age for apprenticeships, and that the age of admission to apprenticeship will be considered in the Labour Bill in parallel with the review of the Children’s Act, with a view to aligning the provisions of the two laws. The Committee therefore once again requests the Government to take the necessary measures to ensure that a minimum age for admission to apprenticeships of at least 14 years, in both the formal and the informal economy, is established by law, in conformity with the Convention. The Committee requests the Government to provide information on the progress made in this regard.

Article 7. Light work. In response to the Committee’s previous request to determine the types of activities, number of hours and the conditions in which light work may be undertaken by children as of the age of 12, the Committee notes the Government’s indication that the minimum age for light work will be raised to 14 years under both the Labour Bill and the Children’s Bill, and that the types of activities, number of hours and conditions under which light work may be performed, will be integrated in these two bills. The Committee requests the Government to take the necessary measures to ensure that the new provisions regulating the minimum age for light work and determining the types of light work activities, the number of hours and the conditions in which light work may be undertaken by children, are adopted in the near future. It requests the Government to provide information on the progress made in this regard.

Article 9(1). Penalties and labour inspectorate. In response to the Committee’s previous observation that that the enforcement of the law remained a challenge in the country, and its request to strengthen the labour inspectorate to ensure the detection of cases of child labour, the Committee observes with concern that, according to the statistics communicated by the Government for the first quarter of 2022, the labour inspectorate conducted only seven inspections in the greater Banjul area and 28 inspections in the rest of the country, and that it did not conduct any inspections in the second quarter of 2022. In this regard, the Government indicates that the Inspectorate Unit of the Labour Department is severely understaffed and lacks material resources, including vehicles, and cannot therefore effectively carry out routine inspections. While the ILO has supported the training and continuous capacity-building of labour inspectors, the Government states that it requires more technical assistance. While taking note of the difficulties faced by the country in this regard, the Committee urges the Government to take the necessary measures to adapt and strengthen the labour inspection services and to ensure that labour inspectors have sufficient resources and adequate training on child labour issues in order to improve their capacity to detect cases of child labour. It requests the Government to provide information on the progress made in this regard and on the results achieved. It also requests the Government to continue providing information on the number and nature of violations recorded by labour inspectors in the course of their work involving children working below the minimum age for admission to employment, including those who are working on their own account or in the informal economy, and on the number and nature of penalties imposed.

The Committee encourages the Government to take its comments into consideration during the ongoing review of the Labour Act, 2007, and of the Children’s Act, 2005, and while taking measures to improve the capacity of the labour inspectorate. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation and practice into conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee previously requested the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour. The Committee notes the Government’s indication in its report that, since 2010, significant progress was made in expanding access to lower basic education (age group 7–12 years) and a new Education Sector Policy (2016–2030) was adopted. The Government also indicates that the analysis of the Labour Force Survey 2018 shows that 58 per cent of working children had a primary level of education, while 30 per cent had no schooling. Increasing enrolment will continue to depend on attracting children from the lower income groups, for whom the cost of education to households is seen as a barrier to attending school. The Committee notes that a draft national Child Protection Strategy (2016–2020) was developed and that the Gambia National Development Plan (2018–2021) adopted by the Government foresees the existence of a child labour policy. It further notes that the Decent Work Country Programme (DWCP) 2018–21 includes a specific outcome on the progressive elimination of child labour, notably through the development and implementation of all child labour related policies, increased awareness campaigns, collection and analysis of data on the subject, promotion of basic education and skills development training programmes for children working in the informal sector. The Committee requests the Government to provide information on the actions undertaken and the results achieved to ensure the progressive elimination of child labour both in the formal and the informal economy within the framework of the implementation of the above-mentioned policies and the DWCP. It further requests the Government to continue to provide information on the practical application of the Convention, particularly statistical data on the situation of working children in Gambia, disaggregated by gender and age group on the nature, extent and trends of the labour of children and young persons working below the minimum age. Lastly, the Committee requests the Government to provide information on any progress made regarding the adoption of a Child Labour Policy, and to provide a copy thereof once adopted.

Article 2(3). Compulsory education. With regard to its request to the Government concerning the measures taken to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children from being engaged in child labour, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182). Concerning the duration of compulsory education, the Committee notes with regret the absence of information on this issue in the Government’s report. Recalling the Government had previously indicated that there is no age of completion of compulsory education, but that the duration of compulsory education is nine years, the Committee once again requests the Government to indicate the legal provisions which provide for compulsory education for a period of nine years, and to provide a copy thereof.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect of this excluded category. The Committee notes with regret the absence of information on this issue in the Government’s report. The Committee notes the information provided by the Government in its report submitted to the UN Human Rights Council in July 2019, according to which a legislative reform process is being implemented to review the laws in line with international best practices and obligations, in particular, the Children’s Act and the Labour Act (A/HRC/WG.6/34/GMB/1, paragraphs 34 and 35). The Committee requests the Government to provide information on the outcome of consultations with the employers’ and workers’ organizations regarding this issue and on any changes in law and practice in respect of this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention and asked the Government to indicate the progress made towards a wider application of the provisions of the Convention. The Committee notes with regret the absence of information on this issue in the Government’s report. The Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

The Committee encourages the Government to take into consideration, during the review of the Labour Act 2007 and of the Children’s Act 2005, the Committee’s comments and asks the Government to provide any information on progress made in this regard.

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

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that the Labour Code does not indicate a minimum age for apprenticeship, while sections 50 and 51 of the Children’s Act establish that the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9, and requested the Government to indicate and to provide a copy of the legal provisions that establish such minimum age. It also requested the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector. Noting that the Government does not provide the requested information, the Committee recalls that apprenticeships must be regulated by law, and that the law must be applied effectively in practice. Moreover, the minimum age for admission to apprenticeship must be applied in all circumstances and sectors, including in the informal economy (see General Survey on the fundamental Conventions, 2012, paragraph 387). The Committee therefore requests the Government to take the necessary measures to establish a minimum age for admission to apprenticeships of at least 14 years, including in the informal sector in conformity with the Convention. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector. The Committee requests the Government to provide information on progress made in this regard.

Article 7. Light work. In its previous comments, the Committee requested the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work activities performed by children over 12 years of age. The Committee notes the information provided by the Government in its report submitted to the Human Rights Council in July 2019, that children between the age of 12 and 16 are allowed to engage in light work during the daytime, which is defined by the Children’s Act 2005 as work which “is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or capacity of the child to benefit from school work”. (A/HRC/WG.6/34/GMB/1, paragraph 108). The Committee requests the Government to take the necessary measures to regulate and determine the types of activities, the number of hours and the conditions in which light work may be undertaken by children, as required under Article 7, and to transmit a copy of such legislation once adopted.

Article 9(1). Penalties and labour inspectorate. The Committee previously requested the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act, including the number and kinds of penalties imposed, as well as to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons. The Government indicates in its report that there are no reported cases of child exploitation, no cases of child labour in the formal sector or registered with the Department of Labour and that child labour in the informal sector can be addressed jointly with the Department of Social Welfare, the Ministry of Basic and Secondary Education and local authorities. The Committee notes, however, the information provided by the Government in its report submitted to the United Nations Human Rights Council in July 2019, according to which the enforcement of the law remains a challenge due to several factors, including economic, social and cultural practices and poverty [A/HRC/WG.6/34/GMB/1, para. 110]. The Committee underlines the key role the labour inspectorate plays in implementing the Convention as a public authority which monitors compliance with child labour-related provisions in each country. Weak labour inspection machinery not only reduces the likelihood of the detection of violations related to child labour, but also hinders the appropriate punishment of those responsible (see General Survey, 2012, paragraph 401). Recalling that child labour in the informal economy can also be addressed through monitoring mechanisms, including through labour inspection, the Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services and to ensure that labour inspectors have received adequate training on child labour issues in order to improve their capacity to detect cases of child labour. The Committee also requests the Government to continue to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act, on the number and nature of violations recorded by labour inspectors in the course of their work involving children working below the minimum age for admission to employment, including those who are working on their own account or in the informal sector, and on the number and kinds of penalties imposed.

The Committee encourages the Government to take into consideration, during the review of the Labour Act 2007 and of the Children’s Act 2005, the Committee’s comments on discrepancies between national legislation and the Convention, and asks the Government to provide any information on progress made in this regard. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(3). Compulsory education. The Committee previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It also noted the Government’s statement that there is no age of completion of compulsory education. However, it noted the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also noted the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee noted with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee noted the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee noted the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. Following its previous comments, the Committee noted the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(3). Compulsory education. The Committee previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It also noted the Government’s statement that there is no age of completion of compulsory education. However, it noted the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also noted the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee noted with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee noted the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee noted the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. Following its previous comments, the Committee noted the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(3). Compulsory education. The Committee previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It also noted the Government’s statement that there is no age of completion of compulsory education. However, it noted the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also noted the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee noted with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee noted the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee noted the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. Following its previous comments, the Committee noted the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(3). Compulsory education. The Committee previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It also noted the Government’s statement that there is no age of completion of compulsory education. However, it noted the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also noted the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee noted with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee noted the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee noted the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. Following its previous comments, the Committee noted the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

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

The Committee notes with regret 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 comments.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(3). Compulsory education. The Committee previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It also noted the Government’s statement that there is no age of completion of compulsory education. However, it noted the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also noted the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee noted with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee noted the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee noted the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. Following its previous comments, the Committee noted the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Application of the Convention in practice. The Committee noted the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(3). Compulsory education. The Committee previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It also noted the Government’s statement that there is no age of completion of compulsory education. However, it noted the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also noted the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee noted with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee noted the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee noted the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Part III of the report form. Labour inspectorate. Following its previous comments, the Committee noted the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Part V of the report form. Application of the Convention in practice. The Committee noted the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

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

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:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee notes that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(3). Compulsory education. The Committee had previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It had also noted the Government’s statement that there is no age of completion of compulsory education. However, it notes the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also notes the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee notes with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee had requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee notes the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee had previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It had further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It had noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee notes the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee had reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee notes the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Part III of the report form. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee notes that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(1), (2), (4) and (5). Minimum age for admission to employment and reasons for specifying 14 years as the minimum age. The Committee had previously noted that there appeared to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification. It had requested the Government to provide information on the reasons for specifying a minimum age of 14 years and to indicate whether such reasons subsist. The Committee notes the Government’s statement that due to the social setup, individuals assume responsibilities at an early age. Hence, the minimum age for employment is set at 14 based on the average age at which most people assume some degree of responsibility.

Article 2(3). Compulsory education. The Committee had previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It had also noted the Government’s statement that there is no age of completion of compulsory education. However, it notes the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also notes the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee notes with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee had requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee notes the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee had previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It had further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It had noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee notes the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee had reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee notes the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that involvement of children in artistic performances is wholly for recreational purposes where no incentives are provided.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Part III of the report form. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.

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

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:

The Committee noted the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that the Government’s report does not contain any information on this point. It noted, however, that the Constitution of Gambia and the Children’s Act, 2005, set out the rights of children including protection from economic exploitation (article 29, and section 5, respectively). The Committee also noted that according to a report entitled “2006 Findings on the worst forms of child labour – Gambia”, available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org), the Government of Gambia has implemented a National Policy for Children (2004–08), which includes components addressing child exploitation. The Committee requests the Government to provide information on the impact of the National Policy for Children in abolishing child labour. It also requests the Government to provide information on other measures adopted or envisaged for the effective abolition of child labour, and the results achieved.

Article 2(1), (2), (4) and (5). Minimum age for admission to employment and reasons for specifying 14 years as the minimum age. The Committee noted that, at the time of ratifying the Convention, Gambia declared 14 years to be the minimum age for admission to employment or work. The Committee noted that according to section 45(1) of the Labour Act of 2007, no person shall engage a child in any public or private agricultural, industrial or non-industrial undertaking or in any of their branches. A “child” is defined under section 2 of the Labour Act as persons under 18 years of age. The Committee also noted that by virtue of section 43 of the Children’s Act, the minimum age for engagement in light work is 16 years. The Committee observed that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification. The Committee drew the Government’s attention to the fact that Article 2(2) of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. It further drew the Government’s attention to Article 2(5) of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date. The Committee requests the Government to provide information on its reasons for specifying a minimum age of 14 years and to indicate whether such reasons subsist.

Article 2(3). Compulsory education. The Committee noted that according to article 30(a) of the Constitution, basic education shall be free and compulsory. Section 18 of the Children’s Act recognizes the right of a child to free and compulsory education and further requires the parents or guardian to ensure the attendance of their child in basic education. The Committee noted that according to UNESCO reports, the duration of compulsory schooling is five years. However, the Committee observed that there is no information on the age at which compulsory education starts and finishes. It also noted that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001; paragraph 54) expressed concern that primary education is not free in practice which limits access to education, especially for girls, disadvantaged children and children from remote areas and at the low enrolment rates and high drop-out rates. The Committee further noted that according to the Gambia multiple indicator cluster survey report (2005–06) estimates, 25 per cent of children aged 5–14 years were involved in some form of child labour. The Committee requests the Government to indicate the age of completion of compulsory education. It also requests the Government to indicate the measures taken or envisaged to increase school enrolment rates and to reduce school drop-out rates, so as to prevent the engagement of children in child labour.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee noted that section 46(1) of the Labour Act prohibits the engagement of children under the age of 18 years in any occupation or activity that is likely to be harmful to their health, safety, education, morals or development. Subsection (2) of section 46 of the Labour Act states that the Secretary of the State may, after consultation with relevant employers’ and workers’ organizations, specify by notice published in the Gazette occupations or activities mentioned above. The Committee also noted that by virtue of section 41 of the Children’s Act, a child under the age of 18 years shall not be engaged in exploitative work which includes any work that deprives the child of his/her health, education or development. Moreover, according to section 44 of the Children’s Act, a child shall not be engaged in hazardous work which poses a danger to his or her health, safety or morals. Section 44(2) further lists the following types of work considered as hazardous: going to sea; mining and quarrying; carrying heavy loads; work in manufacturing industries where chemicals are used and produced; work in places where machines are used, and work in bars, hotels, and places of entertainment where a child may be exposed to immoral behaviour. The Committee further noted that night work between 8 p.m. to 6 a.m. is prohibited to children (section 42). The Committee finally noted that article 29(2) of the Constitution stipulates that children under the age of 16 years are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health or physical, mental, spiritual, moral or social development. The Committee noted that there is a discrepancy between the constitutional provisions, which provide for protection from dangerous work for children aged below 16 years, and the provisions of the Labour Act and Children’s Act, which, in accordance with the Convention, lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee requests the Government to take the necessary measures to harmonize the provisions of the Constitution and the Acts in order to ensure that no uncertainty arises as to the requirements of the Convention on this point. It further requests the Government to indicate whether the Secretary of State has issued any notice specifying the types of hazardous activities prohibited to children pursuant to section 46(2) of the Labour Act.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee noted that by virtue of section 3(2), the Labour Act does not apply to domestic service and employment of a member of the employer’s household living in the employer’s house. Section 3(3) of the Labour Act states that the Secretary of State may extend the application of the Act to any of the excluded items by an order published in the Gazette. The Committee recalled that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalled that, under Article 4(2), each Member which ratifies the Convention shall list in its first report, which it is bound to submit under article 22 of the Constitution of the International Labour Organization, any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 5. Limitation of the scope of application of the Convention. The Committee noted that the Government initially limited the scope of application of the Convention to those branches of economic activity or types of enterprise contained in Article 5(3) of the Convention. The Committee noted that in its declaration appended to its ratification, the Government indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Consequently, the Committee would be grateful if the Government would provide information on the general situation with regard to the employment or work of children and young persons in those branches of activity which are excluded from the scope of application of the present Convention, as well as any progress made with a view to the wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee noted that section 45(2) of the Labour Act excludes from the minimum age provision (18 years), work done in vocational or technical school or other training institution, if the work is approved and supervised by a public authority, or is an integral part of the educational or vocational training programme for which the school or institution is responsible. It also noted that sections 40–42 of the Labour Act deals with apprenticeship and training and also provides for the terms of an apprenticeship contract. However, the Labour Act does not indicate the minimum age for apprenticeship. The Committee further noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in an informal sector shall be 12 years or after completion of basic education. Section 52 further lays down the responsibilities of the employer towards an apprentice and section 53 deals with apprenticeship agreements. The Committee reminded the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships including in the informal sector. It also requests the Government to indicate the minimum age for apprenticeship in the formal sector under the Labour Act. The Committee further requests the Government to provide information on the vocational training programmes, enrolment figures and on the conditions prescribed by the relevant competent authorities for any work done by children authorized as a part of a vocational or training institution, including the relevant laws and regulations.

Article 7. Light work. The Committee noted that according to section 43(1) of the Children’s Act, the minimum age for engagement of a child in light work is 16 years. “Light work” as per subsection (2) of section 43 means work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. Taking into account the statistics on child labour in Gambia (Multiple indicator cluster survey (2005–06) which revealed that 25 per cent of children aged between 5 and 14 years were involved in some kind of child labour, out of which: 21.1 per cent worked in family undertakings, 1.8 per cent in domestic service, 3.3 per cent in unpaid work outside their households and 0.6 per cent in paid work), the Committee reminded the Government that pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at 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 recalled that under 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. The Committee therefore requests the Government to indicate if it would envisage the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age. It also requests the Government to adopt the necessary measures to determine activities in which light work for children may be permitted.

Article 8. Artistic performances. The Committee noted the Government’s information that the national legislation does not provide for any exceptions for employment in artistic performances. The Committee drew the Government’s attention to the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9(1). Penalties. The Committee noted that section 48 of the Labour Act establishes penalties of imprisonment for up to five years and a fine of 100,000 dalasis (approximately US$3,752) for the breach of the provisions related to the employment of children. Similarly, section 47 of the Children’s Act also establishes penalties of imprisonment and fines for any person who contravenes the provisions related to child labour. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee noted the Government’s information that by virtue of section 47 of the Labour Act, an employer shall keep a register of any person under the age of 18 years employed by or working for that employer. It also noted that according to section 45(1) of the Children’s Act, an employer in an industrial undertaking shall keep a register containing the ages and dates of birth of children employed by him/her.

Part III of the report form. Labour inspectorate. The Committee noted that according to section 4 of the Labour Act, the commissioner acting under the authority of the Secretary of State is responsible for the administration and application of the Act. Section 8 of the Labour Act further spells out the powers of the commissioner or the officer authorized by him to enter and inspect workplaces, require the production of any record, registers or documents, ask for any information from employers and employees and shall furnish all information provided by the employer under section 18 concerning the employment of persons and statistics to the Gambia Bureau of Statistics (section 19). According to section 21 of the Labour Act, the commissioner is entitled to take action in case of any contravention of the Act, including, informing the police or any other appropriate public authority of the facts of the case or bringing the person concerned before an appropriate court. The Committee further noted that by virtue of sections 48 and 49 of the Children’s Act, a labour officer shall carry out any inquiry with regard to the compliance of the provisions of the Act in respect of child labour in the informal sector, while the Department for Social Welfare is responsible for the enforcement of the provisions in the formal sector. The Committee requests the Government to provide further information on the functioning of the commissioner under the Labour Act and the Department for Social Welfare and the labour officers under the Children’s Act in monitoring the compliance of the child labour provisions, especially in the informal sector. It also requests the Government to indicate whether any information or statistics related to the employment of children were furnished to the Gambia Bureau of Statistics pursuant to section 19 of the Labour Act and, if so, to supply a copy of the same.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of contraventions reported and on the sanctions applied.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information on this point. It notes, however, that the Constitution of Gambia and the Children’s Act, 2005, set out the rights of children including protection from economic exploitation (article 29, and section 5, respectively). The Committee also notes that according to a report entitled “2006 Findings on the worst forms of child labour – Gambia”, available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org),
the Government of Gambia has implemented a National Policy for Children (2004–08), which includes components addressing child exploitation. The Committee requests the Government to provide information on the impact of the National Policy for Children in abolishing child labour. It also requests the Government to provide information on other measures adopted or envisaged for the effective abolition of child labour, and the results achieved.

Article 2, paragraphs 1, 2, 4 and 5. Minimum age for admission to employment and reasons for specifying 14 years as the minimum age. The Committee notes that, at the time of ratifying the Convention, Gambia declared 14 years to be the minimum age for admission to employment or work. The Committee notes that according to section 45(1) of the Labour Act of 2007, no person shall engage a child in any public or private agricultural, industrial or non-industrial undertaking or in any of their branches. A “child” is defined under section 2 of the Labour Act as persons under 18 years of age. The Committee also notes that by virtue of section 43 of the Children’s Act, the minimum age for engagement in light work is 16 years. The Committee observes that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification. The Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. It further draws the Government’s attention to Article 2(5) of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date. The Committee requests the Government to provide information on its reasons for specifying a minimum age of 14 years and to indicate whether such reasons subsist.

Article 2, paragraph 3. Compulsory education. The Committee notes that according to article 30(a) of the Constitution, basic education shall be free and compulsory. Section 18 of the Children’s Act recognizes the right of a child to free and compulsory education and further requires the parents or guardian to ensure the attendance of their child in basic education. The Committee notes that according to UNESCO reports, the duration of compulsory schooling is five years. However, the Committee observes that there is no information on the age at which compulsory education starts and finishes. It also notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001; paragraph 54) expressed concern that primary education is not free in practice which limits access to education, especially for girls, disadvantaged children and children from remote areas and at the low enrolment rates and high drop-out rates. The Committee further notes that according to the Gambia multiple indicator cluster survey report (2005–06) estimates, 25 per cent of children aged 5–14 years were involved in some form of child labour. The Committee requests the Government to indicate the age of completion of compulsory education. It also requests the Government to indicate the measures taken or envisaged to increase school enrolment rates and to reduce school drop-out rates, so as to prevent the engagement of children in child labour.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 46(1) of the Labour Act prohibits the engagement of children under the age of 18 years in any occupation or activity that is likely to be harmful to their health, safety, education, morals or development. Subsection (2) of section 46 of the Labour Act states that the Secretary of the State may, after consultation with relevant employers’ and workers’ organizations, specify by notice published in the Gazette occupations or activities mentioned above. The Committee also notes that by virtue of section 41 of the Children’s Act, a child under the age of 18 years shall not be engaged in exploitative work which includes any work that deprives the child of his/her health, education or development. Moreover, according to section 44 of the Children’s Act, a child shall not be engaged in hazardous work which poses a danger to his or her health, safety or morals. Section 44(2) further lists the following types of work considered as hazardous: going to sea; mining and quarrying; carrying heavy loads; work in manufacturing industries where chemicals are used and produced; work in places where machines are used, and work in bars, hotels, and places of entertainment where a child may be exposed to immoral behaviour. The Committee further notes that night work between 8 p.m. to 6 a.m. is prohibited to children (section 42). The Committee finally notes that article 29(2) of the Constitution stipulates that children under the age of 16 years are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health or physical, mental, spiritual, moral or social development. The Committee notes that there is a discrepancy between the constitutional provisions, which provide for protection from dangerous work for children aged below 16 years, and the provisions of the Labour Act and Children’s Act, which, in accordance with the Convention, lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee requests the Government to take the necessary measures to harmonize the provisions of the Constitution and the Acts in order to ensure that no uncertainty arises as to the requirements of the Convention on this point. It further requests the Government to indicate whether the Secretary of State has issued any notice specifying the types of hazardous activities prohibited to children pursuant to section 46(2) of the Labour Act.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes that by virtue of section 3(2), the Labour Act does not apply to domestic service and employment of a member of the employer’s household living in the employer’s house. Section 3(3) of the Labour Act states that the Secretary of State may extend the application of the Act to any of the excluded items by an order published in the Gazette. The Committee recalls that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4(2), each Member which ratifies the Convention shall list in its first report, which it is bound to submit under article 22 of the Constitution of the International Labour Organization, any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that the Government initially limited the scope of application of the Convention to those branches of economic activity or types of enterprise contained in Article 5(3) of the Convention. The Committee notes that in its declaration appended to its ratification, the Government indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Consequently, the Committee would be grateful if the Government would provide information on the general situation with regard to the employment or work of children and young persons in those branches of activity which are excluded from the scope of application of the present Convention, as well as any progress made with a view to the wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes that section 45(2) of the Labour Act excludes from the minimum age provision (18 years), work done in vocational or technical school or other training institution, if the work is approved and supervised by a public authority, or is an integral part of the educational or vocational training programme for which the school or institution is responsible. It also notes that sections 40–42 of the Labour Act deals with apprenticeship and training and also provides for the terms of an apprenticeship contract. However, the Labour Act does not indicate the minimum age for apprenticeship. The Committee further notes that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in an informal sector shall be 12 years or after completion of basic education. Section 52 further lays down the responsibilities of the employer towards an apprentice and section 53 deals with apprenticeship agreements. The Committee reminds the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships including in the informal sector. It also requests the Government to indicate the minimum age for apprenticeship in the formal sector under the Labour Act. The Committee further requests the Government to provide information on the vocational training programmes, enrolment figures and on the conditions prescribed by the relevant competent authorities for any work done by children authorized as a part of a vocational or training institution, including the relevant laws and regulations.

Article 7. Light work. The Committee notes that according to section 43(1) of the Children’s Act, the minimum age for engagement of a child in light work is 16 years. “Light work” as per subsection (2) of section 43 means work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. Taking into account the statistics on child labour in Gambia (Multiple indicator cluster survey (2005–06) which revealed that 25 per cent of children aged between 5 and 14 years were involved in some kind of child labour, out of which: 21.1 per cent worked in family undertakings, 1.8 per cent in domestic service, 3.3 per cent in unpaid work outside their households and 0.6 per cent in paid work), 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 of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at 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 under 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. The Committee therefore requests the Government to indicate if it would envisage the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age. It also requests the Government to adopt the necessary measures to determine activities in which light work for children may be permitted.

Article 8. Artistic performances. The Committee notes the Government’s information that the national legislation does not provide for any exceptions for employment in artistic performances. The Committee draws the Government’s attention to the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee notes that section 48 of the Labour Act establishes penalties of imprisonment for up to five years and a fine of 100,000 dalasis (approximately US$3,752) for the breach of the provisions related to the employment of children. Similarly, section 47 of the Children’s Act also establishes penalties of imprisonment and fines for any person who contravenes the provisions related to child labour. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9, paragraph 3. Keeping of registers. The Committee notes the Government’s information that by virtue of section 47 of the Labour Act, an employer shall keep a register of any person under the age of 18 years employed by or working for that employer. It also notes that according to section 45(1) of the Children’s Act, an employer in an industrial undertaking shall keep a register containing the ages and dates of birth of children employed by him/her.

Part III of the report form. Labour inspectorate. The Committee notes that according to section 4 of the Labour Act, the commissioner acting under the authority of the Secretary of State is responsible for the administration and application of the Act. Section 8 of the Labour Act further spells out the powers of the commissioner or the officer authorized by him to enter and inspect workplaces, require the production of any record, registers or documents, ask for any information from employers and employees and shall furnish all information provided by the employer under section 18 concerning the employment of persons and statistics to the Gambia Bureau of Statistics (section 19). According to section 21 of the Labour Act, the commissioner is entitled to take action in case of any contravention of the Act, including, informing the police or any other appropriate public authority of the facts of the case or bringing the person concerned before an appropriate court. The Committee further notes that by virtue of sections 48 and 49 of the Children’s Act, a labour officer shall carry out any inquiry with regard to the compliance of the provisions of the Act in respect of child labour in the informal sector, while the Department for Social Welfare is responsible for the enforcement of the provisions in the formal sector. The Committee requests the Government to provide further information on the functioning of the commissioner under the Labour Act and the Department for Social Welfare and the labour officers under the Children’s Act in monitoring the compliance of the child labour provisions, especially in the informal sector. It also requests the Government to indicate whether any information or statistics related to the employment of children were furnished to the Gambia Bureau of Statistics pursuant to section 19 of the Labour Act and, if so, to supply a copy of the same.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of contraventions reported and on the sanctions applied.