Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Minimum Age Convention, 1973 (No. 138) - Côte d'Ivoire (Ratification: 2003)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted with concern the high number of children under the minimum age for admission to work of 14 years that were engaged in work, particularly under hazardous conditions (1,424,996 children aged from 5 to 17 years were engaged in types of work that are to be abolished, of which 539,177 were victims of hazardous types of work). While noting the National Plan of Action to Combat the Worst Forms of Child Labour 2015–2017 (PAN-PFTE 2015–2017), the Committee requested the Government to intensify its efforts and to take the necessary measures for the progressive elimination of child labour, particularly in rural areas.

The Committee notes the detailed information provided by the Government in its report concerning the review of the implementation of the PAN-PFTE 2015–2017. The Government indicates that considerable progress has been observed, both in terms of preventing the phenomenon and in the protection of victims, strengthening of the legal framework, prevention and monitoring. For example, grass-roots awareness campaigns, through visits to the rural communities, have made it possible to cover more than 2 million people. These awareness-raising and communication campaigns have informed the populations of the prohibition and abolition by law of child labour. As a result, parents are now able to distinguish between hazardous work prohibited for children and light work authorized for young persons. Moreover, 1,574 labour inspections were conducted by the General Labour Directorate (DGT) to monitor compliance with labour regulations and combat child labour. The Government also indicates that two child labour monitoring mechanisms are now functioning in Côte d’Ivoire, of which the observation and monitoring system for child labour in Côte d’Ivoire (SOSTECI), was launched by the Ministry of Employment and Social Protection. This mechanism makes it possible not only to identify and refer victims or children at risk of child labour, but also establishes a national database on the phenomenon.

The Committee notes with interest that a third National Plan of Action, the PAN-PFTE 2019–2021, was launched on 25 June 2019. It aims at contributing to the vision of a Côte d’Ivoire “free from child labour by 2025” by taking the protection of children aged between 5 and 17 years from types of work that are to be abolished as its strategic result. To that end, action has been structured around three poles: (i) access for children to basic social services; (ii) reduction of the socioeconomic vulnerability of families and communities; and (iii) the institutional, legal and programmatic framework to combat child labour. While noting the measures taken, the Committee requests the Government to pursue its efforts to ensure the progressive elimination of child labour in the country. It also requests the Government to provide information on the measures adopted in this regard, including concrete measures taken under the PAN-PFTE 2019-2021, and on the results obtained. Finally, the Committee requests the Government to continue to provide information on the application of the Convention in practice – in particular the information collected by the SOSTECI – for example, by providing statistical data related to the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when it ratified the Convention, and extracts from the reports of the inspection services.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that education is neither compulsory nor free in Côte d’Ivoire. It also noted that a bill is being drawn up to make schooling compulsory until the age of 16 years. Noting the large number of children of the age to be in primary school or the first cycle of secondary education that do not attend school (nearly 1.7 million), the Committee requested the Government to take immediate measures to ensure that the legislation introducing compulsory schooling for children aged between 6 and 16 years is introduced as soon as possible.

The Committee notes with satisfaction that section 2-1 of Act No. 2015-635 amending the Act of 7 September 1995 concerning education, adopted on 17 September 2015, makes school attendance for children aged between 6 and 16 years compulsory. The Committee notes further that the Government indicates in its report that, for effective application of a law introducing compulsory schooling, the State has committed to the construction of schools, school canteens, and decent housing for teachers every year, throughout the national territory, in order to enable all children, wherever they may be, to have access to free basic education of quality. The Government also announces the adoption of a decree promoting schooling for children, in particular for girls, in both urban and rural areas. This is Decree No. 2020-997 of 30 December 2020, amending Decree No. 2012-488 of 7 June 2012 on the attributions, organization and operation of the management committees of public educational establishments (COGES) which, in its new section 3(9) strengthens the mandate of the COGES, by making them responsible for “contributing to the schooling of children, in particular of girls, in both urban and rural areas”.

Articles 6 and 7. Apprenticeship and light work. In its previous comments, the Committee noted a divergence within the legislation of Côte d’Ivoire. Section 23(8) of the new Labour Code (Act No. 2015-532 of 2015) sets the age of apprenticeship at 14 years, while under section 3 of Decree No 96-204 of 7 March 1996 on night work (Decree No. 96-204 of 1996) children under 14 years of age may be admitted to apprenticeship or pre-vocational training provided they are not engaged in work during the period defined as night work or, more generally, during the period of 15 consecutive hours between 5 p.m. and 8 a.m. In this regard, the Committee noted the Government’s indication that a draft text to revise Decree No. 96-204 of 1996 is under preparation. The Committee expressed the hope that, in the context of this revision, the Government would take the necessary measures to bring the said Decree into conformity with Article 6 of the Convention and set the minimum age for entry into apprenticeship at 14 years throughout all the legislation of Côte d’Ivoire.

The Committee takes note of the Government’s indication that the revision of Decree No. 96-204 of 7 March 1996 on night work is not yet complete and that it will keep the Committee informed of the adoption of the new text. Recalling that under Article 6 of the Convention, the age of admission to work as part of an apprenticeship programme is 14 years, the Committee again hopes that the Government will take the necessary measures to bring Decree No. 96-204 of 1996 into conformity with the Convention and thus fix the age of entry to apprenticeship at 14 years. It requests the Government to provide information in this regard in its next report.