Minimum Age Convention, 1973 (No. 138) - Ghana (Ratification: 2011)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information in its report that it has implemented several concrete measures within the framework of the National Plan of Action – Phase II on Elimination of the Worst Forms of Child Labour 2017–21 (NPA2), including: (i) sensitization and awareness-raising (over 2 million people reached in 2021); (ii) capacity-building of various stakeholders, including Community Child Protection Committees (CCPCs), law enforcement agencies, parents, teachers and children (over 150,000 beneficiaries in 2021); and (iii) measures aimed at improving school enrolment and retention. The review of the NPA2, which has elapsed, has not yet been completed, and there are discussions on the possibility of either extending its implementation or elaborating a new plan of action. The Committee requests the Government to take measures to ensure that the NPA2 is either extended or that a new plan of action is elaborated. It requests the Government to provide information on the progress achieved and on the impact of the new or revised plan of action on the progressive elimination of child labour. Finally, the Committee once again requests the Government to continue to provide information on the application of the Convention in practice, in particular up-to-date statistical data on the number of children and young persons below the minimum age of 15 who are engaged in child labour, and information on the nature, scope and trends of their work. To the extent possible, this information should be disaggregated by age and gender.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of hazardous work. With regard to the determination and adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(3). Determination of light work activities. The Committee notes the Government’s information that the list of light work activities permitted to young persons between the ages of 13 and 15 is included in the new Hazardous Activities Framework (HAF), which will be submitted as a legislative instrument to Parliament for consideration. The Committee expresses the firm hope that the list of types of light work activities and the conditions of light work permitted for young persons between the ages of 13 and 15, as required by Article 7(3) of the Convention, are duly integrated into the new HAF, and requests the Government to take the necessary measures to ensure that the HAF is adopted into law in the near future. It requests the Government to provide information on the progress made in this regard, as well as a copy of the new HAF, once adopted.

Labour inspectorate. Following its previous comments, the Committee notes that the International Trade Unions Confederation, in a communication dated 1 September 2022 and submitted to the Committee for examination of Ghana’s application of the Worst Forms of Child Labour Convention, 1999 (No. 182), observes that the labour inspection continues to be underfinanced and insufficiently manned, and that inspectors do not have adequate training and capacity to eliminate child labour issues.

In this regard, the Committee takes note of the Government’s information regarding the measures taken to reinforce the Labour Inspectorate. In particular, the Committee notes that the functioning and capacity of the Labour Inspectorate are strengthened through the Ghana Employment and Social Protection (GESP) project, in the framework of which the resources of the Labour Inspectorate were strengthened and labour inspectors were trained in various skills required to improve their operations and reporting, including on how to identify child labourers and refer them to the Department of Social Welfare for follow-up action. The Government indicates that 75 labour inspectors received additional training on inspections in the informal sector leading to 520 inspections, that a data collection exercise on these inspections began this year, and that the statistics collected will be communicated to the Committee in subsequent reports. Furthermore, the Committee notes the Government’s information, under Convention No. 182, according to which the Trade for Decent Work (T4DW) project of the European Union, supported the training of new labour officers and representatives of the office of the Attorney-General on the prosecution of child labour cases and other violations at the workplace. The Committee strongly encourages the Government to continue strengthening the capacity and functioning of the Labour Inspectorate, in order to ensure the effective supervision of the provisions giving effect to the Convention and to expand the reach of the labour inspection services to the informal economy. It requests the Government to provide information on the measures taken in this regard and on the results achieved, including the data collected through the labour inspections that have been conducted in the informal sector and the number of prosecutions of child labour cases facilitated through the support of the T4DW project.

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that National Plan of Action 2009–15 (NPA1) for the elimination of the worst forms of child labour was under review. The Committee requested the Government to continue its efforts to maintain a national plan of action to combat child labour and to submit any finalized plans once they are available.

The Committee notes from the Government’s report that a National Plan of Action Phase II on Elimination of the Worst Forms of Child Labour 2017–21 (NPA2) has been approved by the Cabinet and disseminated to various stakeholders for implementation. The Committee notes that according to the NPA2 document, significant gains were made within the framework of the NPA1, including: the introduction of the Ghana Child Labour Monitoring System; the development of the Hazardous Activity Framework (HAF) and the Standard Operating Procedures (SOP) for addressing child labour issues; and the establishment of 100 Community Child Protection Committees and District Child Protection Committees in 40 districts. However, this document indicates that the overall impact of the NPA1 was below expectation and that an estimated 21.8 per cent (1.9 million) children aged 5–17 years are engaged in child labour of which 14.2 per cent (over 1.2 million) are involved in hazardous work. The Committee further notes from the Understanding Children’s Work report of 2016 (UCW report) entitled Child Labour and the Youth decent work deficit in Ghana, that more than one in five children aged 5–14 years (almost 1.5 million) children are involved in child labour. The Committee must express its deep concern at the high number of children under the minimum age for admission to work of 15 years who are engaged in child labour, including in hazardous work. The Committee urges the Government to intensify its efforts and to take the necessary measures for the progressive elimination of child labour, including within the framework of the NPA2, 2017–2021. It requests the Government to provide specific information on the concrete measures taken in this regard as well as the results achieved. Finally, the Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of hazardous work. With regard to the determination and adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Articles 7(3). Determination of light work activities. In its previous comments, the Committee noted that Hazardous Child Labour Activity Framework had set out certain conditions for light work for children of 13 years of age. The Committee requested the Government to take the necessary measures to specify the types of light work activities that are permitted for young persons between the ages of 13 and 15.

The Committee notes that the Government’s report does not provide any information in this regard. The Committee therefore once again requests the Government to take the necessary measures to determine the types of light work activities permitted for young persons between the ages of 13 and 15, as required by Article 7(3) of the Convention. It also requests the Government to indicate the measures taken or envisaged to adopt the conditions of light work provided by the Hazardous Child Labour Activity Framework into law and to provide a copy of any regulations or text giving effect to these conditions.

Labour inspectorate. In its previous comments, the Committee noted the Government’s indication concerning the lack of capacity and logistical deficiencies for labour inspection and its commitment in establishing the necessary systems and infrastructure to enable the effective inspection of workplaces liable to inspection. It requested the Government to provide information on the measures taken in this regard.

The Committee notes the information provided by the Government on the basic structure and functioning of the labour inspection system in the country. It also notes the Government’s information that labour inspection forms have been reviewed to include triggers that will require inspectors to collect more information on children detected to be employed. The Committee further notes the Government’s statement that no contravention regarding the employment of children in the formal sector was reported. However, children are engaged in work in the informal sector and that measures are being taken to sensitize this sector through the social partners. In this regard, the Committee notes that according to the UCW report, the largest share of children in child labour work in the agricultural sector (80 per cent) followed by services and manufacturing. The Committee further recalls its reference under the Labour Inspection Convention, 1947 (No. 81), adopted in 2019, to the statement in Ghana’s National Employment Policy that despite efforts to revamp the labour administration system, challenges persist, including ineffective labour inspection, inadequate staff for labour administration institutions and inadequate logistics for inspection and enforcement. The Committee draws the Government’s attention to its most recent comments under Convention No. 81 and urges it to strengthen the functioning of the labour inspectorate by increasing the number of labour inspectors as well as by providing them with additional means and financial resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. Furthermore, it urges the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspection services to ensure the monitoring of child labour in the informal economy in order to ensure that these children are afforded the protection set out in the Convention. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes the Government’s first report. It further notes the observations of the Education International (EI) and Ghana National Association of Teachers (GNAT), which were received on 4 September 2014.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the National Plan of Action (NPA) (2009–15) for the elimination of the worst forms of child labour. It indicates that this policy aims to sustain commitment on the child labour elimination activities and mainstream them into the institutional action plan to bring various institutions that undertake child labour activities onto one platform. The Committee further notes that this NPA is currently under review, with a draft report anticipated for 2015 to inform the elaboration of a new NPA for the period 2016–20. Noting that the current NPA will expire, by its terms, in 2015, the Committee requests the Government to continue its efforts to maintain a national plan of action to combat child labour and to submit any finalized plans once they are available.

Article 2(1). Minimum age for admission to employment and scope of application. The Committee notes that, pursuant to section 89 of the Children’s Act 1998, the minimum age for admission to employment is 15 years, in line with the minimum age which was specified by the Government upon ratifying the Convention. The Committee further notes that section 92 specifies that the Act applies to employment in the formal and informal sectors.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of hazardous work. The Committee notes that, under section 91 of the Children’s Act, the minimum age for hazardous work is 18 years. It also notes that the term “hazardous work” is defined as work that poses a danger to health, safety or morals of a person, and that section 91(3) provides a list of work that constitutes hazardous work. Nevertheless, the Committee notes that the NPA (under Issue 1.1.2) has identified the need to expand the list of hazardous activities under the Children’s Act to clearly identify hazardous tasks or activities.

In this connection, the Committee notes the Government’s indication that the Child Labour Unit (CLU) launched an initiative in 2006 to review the list of hazardous work under the Worst Forms of Child Labour Convention, 1999 (No. 182), and the Worst Forms of Child Labour Recommendation, 1999 (No. 190), and that, in 2010, the CLU developed a Hazardous Child Labour Activity Framework. Under this Framework, the CLU produced a Ghana Hazardous Child Labour List (GHAHCL), which identifies 34 work activities that are likely to cause harm to the health, safety and morals of children, and assigns different age limits for children to perform such activities. Finally, the Government states that the tripartite National Steering Committee of the CLU approved the list in December 2013, although it has not yet become law. The Committee requests the Government to continue its efforts to adopt the list into law and to transmit a copy of the GHAHCL, once adopted.

Article 7(3). Determination of light work. The Committee notes that, under section 90 of the Children’s Act, the minimum age for the engagement of a child in light work is 13 years and that section 90(2) defines the term “light work” 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 the capacity of the child to benefit from school work. The Committee also notes the Government’s indication that the Hazardous Child Labour Activity Framework has set out certain conditions for light work, including: (i) working hours may not exceed two hours per day or 14 hours per week; (ii) the work may not affect the child’s capacity to benefit from education or vocational instruction; and (iii) the activities may not interfere or impact on schooling such as enrolment, attendance and performance. The Committee requests the Government to take the necessary measures to specify the types of light work activities permitted for young persons between the ages of 13 and 15, as required under Article 7(3) of the Convention. Noting the Government’s reference to the conditions of light work provided by the Hazardous Child Labour Activity Framework, the Committee requests the Government to transmit a copy of any regulations or text giving effect to these conditions.

Labour inspectorate. The Committee notes that, pursuant to sections 95 and 96 of the Children’s Act, as well as section 60 of the Labour Act, the national authorities entrusted to supervise and enforce the legislation with respect to child labour include the Chief Labour Officer, the Social Services Sub-Committee of the District Assembly and the Department of Social Welfare. Nevertheless, the Committee recalls, according to the information provided in the report on Convention No. 182, the lack of capacity and logistical deficiencies for labour inspection. In this connection, it further recalls its observation under Labour Inspection Convention, 1947 (No. 81), adopted in 2013, in which it observed the Government’s commitment to establishing the necessary systems and infrastructure to enable the effective inspection of workplaces liable to inspection. The Committee draws the Government’s attention to its most recent comments under Conventions Nos 81 and 182 and requests the Government to provide detailed information on the structure of the existing labour inspection system as regards the prohibition of child labour and any measures taken or envisaged to reorganize the labour inspectorate in this regard.

Application in practice. The Committee takes due note of the Government’s legislative and programmatic measures to combat child labour. It further notes the information provided by the EI and the GNAT, including the results of the Ghana Living Standards Survey Round 6 (GLSS 6) of August 2014, which was carried out with ILO technical assistance. These results indicate that 1,892,553 of the country’s 8,697,602 children aged 5–17 years (21.8 per cent) are engaged in child labour and 1,231,286 (14.2 per cent) are engaged in hazardous child labour. The Committee must express its concern over the situation of children working in the country, particularly in hazardous working conditions, and strongly encourages the Government to strengthen its efforts to ensure the progressive elimination of child labour in the country. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from the reports of the labour inspection services, indicating the number and nature of the contraventions reported and the penalties applied.

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

The Committee notes the Government’s first report. It further notes the observations of the Education International (EI) and Ghana National Association of Teachers (GNAT), which were received on 4 September 2014.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the National Plan of Action (NPA) (2009–15) for the elimination of the worst forms of child labour. It indicates that this policy aims to sustain commitment on the child labour elimination activities and mainstream them into the institutional action plan to bring various institutions that undertake child labour activities onto one platform. The Committee further notes that this NPA is currently under review, with a draft report anticipated for 2015 to inform the elaboration of a new NPA for the period 2016–20. Noting that the current NPA will expire, by its terms, in 2015, the Committee requests the Government to continue its efforts to maintain a national plan of action to combat child labour and to submit any finalized plans once they are available.

Article 2(1). Minimum age for admission to employment and scope of application. The Committee notes that, pursuant to section 89 of the Children’s Act 1998, the minimum age for admission to employment is 15 years, in line with the minimum age which was specified by the Government upon ratifying the Convention. The Committee further notes that section 92 specifies that the Act applies to employment in the formal and informal sectors.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of hazardous work. The Committee notes that, under section 91 of the Children’s Act, the minimum age for hazardous work is 18 years. It also notes that the term “hazardous work” is defined as work that poses a danger to health, safety or morals of a person, and that section 91(3) provides a list of work that constitutes hazardous work. Nevertheless, the Committee notes that the NPA (under Issue 1.1.2) has identified the need to expand the list of hazardous activities under the Children’s Act to clearly identify hazardous tasks or activities.

In this connection, the Committee notes the Government’s indication that the Child Labour Unit (CLU) launched an initiative in 2006 to review the list of hazardous work under the Worst Forms of Child Labour Convention, 1999 (No. 182), and the Worst Forms of Child Labour Recommendation, 1999 (No. 190), and that, in 2010, the CLU developed a Hazardous Child Labour Activity Framework. Under this Framework, the CLU produced a Ghana Hazardous Child Labour List (GHAHCL), which identifies 34 work activities that are likely to cause harm to the health, safety and morals of children, and assigns different age limits for children to perform such activities. Finally, the Government states that the tripartite National Steering Committee of the CLU approved the list in December 2013, although it has not yet become law. The Committee requests the Government to continue its efforts to adopt the list into law and to transmit a copy of the GHAHCL, once adopted.

Article 7(3). Determination of light work. The Committee notes that, under section 90 of the Children’s Act, the minimum age for the engagement of a child in light work is 13 years and that section 90(2) defines the term “light work” 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 the capacity of the child to benefit from school work. The Committee also notes the Government’s indication that the Hazardous Child Labour Activity Framework has set out certain conditions for light work, including: (i) working hours may not exceed two hours per day or 14 hours per week; (ii) the work may not affect the child’s capacity to benefit from education or vocational instruction; and (iii) the activities may not interfere or impact on schooling such as enrolment, attendance and performance. The Committee requests the Government to take the necessary measures to specify the types of light work activities permitted for young persons between the ages of 13 and 15, as required under Article 7(3) of the Convention. Noting the Government’s reference to the conditions of light work provided by the Hazardous Child Labour Activity Framework, the Committee requests the Government to transmit a copy of any regulations or text giving effect to these conditions.

Labour inspectorate. The Committee notes that, pursuant to sections 95 and 96 of the Children’s Act, as well as section 60 of the Labour Act, the national authorities entrusted to supervise and enforce the legislation with respect to child labour include the Chief Labour Officer, the Social Services Sub-Committee of the District Assembly and the Department of Social Welfare. Nevertheless, the Committee recalls, according to the information provided in the report on Convention No. 182, the lack of capacity and logistical deficiencies for labour inspection. In this connection, it further recalls its observation under Labour Inspection Convention, 1947 (No. 81), adopted in 2013, in which it observed the Government’s commitment to establishing the necessary systems and infrastructure to enable the effective inspection of workplaces liable to inspection. The Committee draws the Government’s attention to its most recent comments under Conventions Nos 81 and 182 and requests the Government to provide detailed information on the structure of the existing labour inspection system as regards the prohibition of child labour and any measures taken or envisaged to reorganize the labour inspectorate in this regard.

Application in practice. The Committee takes due note of the Government’s legislative and programmatic measures to combat child labour. It further notes the information provided by the EI and the GNAT, including the results of the Ghana Living Standards Survey Round 6 (GLSS 6) of August 2014, which was carried out with ILO technical assistance. These results indicate that 1,892,553 of the country’s 8,697,602 children aged 5–17 years (21.8 per cent) are engaged in child labour and 1,231,286 (14.2 per cent) are engaged in hazardous child labour. The Committee must express its concern over the situation of children working in the country, particularly in hazardous working conditions, and strongly encourages the Government to strengthen its efforts to ensure the progressive elimination of child labour in the country. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from the reports of the labour inspection services, indicating the number and nature of the contraventions reported and the penalties applied.