Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la edad mínima, 1973 (núm. 138) - Guinea (Ratificación : 2003)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes that the Government’s report does not contain information on the adoption of a national policy designed to ensure the effective abolition of child labour.

The Committee notes the report on the National Survey on Child Labour and Trafficking (ENTE) in Guinea of November 2011, which was conducted in collaboration with ILO–IPEC–SIMPOC and the National Institute of Statistics of Guinea. The Committee notes with deep concern that, according to the ENTE, out of a total of 3,561,160 children between the ages of 5 and 17 years, 43 per cent are economically active and 40.1 per cent (that is 93.2 per cent of the economically active children) are engaged in types of work that are to be abolished, that is work that is likely to jeopardize their school attendance, health or development. Furthermore, 33 per cent of children between the ages of 5 and 11 years and 50.2 per cent of children aged between 12 and 15 years are engaged in types of work to be abolished. Of these, 76.2 per cent of children between 5 and 11 years and 88.2 per cent of children between 12 and 15 years of age perform hazardous types of work. The ENTE also indicates that the proportion of children engaged in types of work that are to be abolished is higher in rural areas (47.5 per cent) than in urban areas (24 per cent). Observing that a significant number of children work under the minimum age for admission to work of 16 years, particularly in hazardous conditions, and in view of the absence of a national policy designed to ensure the abolition of child labour, the Committee firmly requests the Government to take the necessary measures to ensure the adoption of such a policy, paying particular attention to children in rural areas. The Committee requests the Government to provide information on the progress achieved in this respect.

Article 2(1). Scope of application. The Committee noted previously that under the terms of section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), the law applies to workers and employers exercising their professional activity in Guinea. The Committee observed that pursuant to this provision the Labour Code only applies to employment relationships.

The Committee notes the Government’s indication that the new Children’s Code (Act No. L/2008/011/AN), adopted on 19 August 2008, protects all children, including those who are not bound by an employment relationship. The Committee however observes that section 412 provides that it is prohibited for an employer to cause a child under 16 years of age to perform work without having first obtained the consent of the person exercising parental authority. The Committee therefore notes that the Children’s Code only appears to impose a minimum age for admission to employment on employers, without addressing situations in which children work on their own account. Nonetheless the Committee observes that, according to the ENTE, 6 per cent of children between 5 and 17 years of age who are economically active in Guinea, or approximately 91,940 children, work on their own account. Recalling that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated, the Committee requests the Government to take the necessary measures to ensure that children who are not bound by an employment relationship benefit from the protection afforded by the Convention, particularly by strengthening the means available to the labour inspection services to monitor the situation of children under the age of 18 years of age engaged on their own account.

Article 2(3). Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s indication that compulsory schooling in Guinea is only imposed for primary school, that is up to the age of 13 years. However, the Committee observes that the minimum age for admission to work specified by Guinea when ratifying the Convention is 16 years.

The Committee notes that, according to the information contained in the report on the ENTE, significant progress has been achieved in relation to school attendance and equity in education, and remarkable efforts have been made to progressively realize the objective of primary education for all. The Committee notes the detailed statistics provide by the Government concerning the school attendance rates in Guinea. It observes that the gross school enrolment rate for children between the ages of 7 and 12 years has been increasing progressively since 1999, rising from 59.5 per cent to 77.5 per cent in 2008–09.

However, the Committee observes that a considerable number of children who have not yet reached the minimum age for admission to employment still do not attend or have ceased to attend school and that, in parallel, the proportion of economically active children rises with age. Indeed, the report on the ENTE shows that those solely engaged in work or who combine work and studies account for 36.1 per cent of children between the ages 6 and 11 years, 55.6 per cent of those aged between 12 and 15 years and 61.2 per cent of children between 16 and 17 years of age.

While noting the progression in the school enrolment rates, particularly at the primary level, the Committee underlines the need for the age for admission to employment or work to be linked to the age at which compulsory education comes to an end. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see the General Survey on the fundamental Conventions concerning rights at work, paragraph 371). The Committee therefore considers that it is desirable to raise the age of completion of compulsory schooling so that it coincides with the minimum age for access to employment, as envisaged in Paragraph 4 of Recommendation No. 146. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures to make education compulsory up to the minimum age for admission to employment, that is 16 years. It once again requests the Government to provide a copy of the national legislation on education. The Committee also requests the Government to continue taking measures to raise the school attendance rates of children under 16 years of age. It further requests the Government to provide information on the progress achieved in this respect.

Article 3(2). Determination of hazardous types of work. Further to its previous comments, the Committee notes with interest the Government’s indication that Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour [hereinafter, the Child Labour Order], which contains a list of hazardous types of work in which it is forbidden to employ young workers under 18 years of age, was prepared and adopted in close collaboration with the employers’ and workers’ organizations concerned during a session of the Advisory Commission on Labour and Social Legislation.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 3 of the Child Labour Order provides that it is prohibited to employ young workers under 16 years of age in certain types of hazardous work. It reminded the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee noted that section 3 of the Child Labour Order does not require these two conditions (namely health protection and training) to be met prior to authorizing the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of hazardous tasks by young persons from 16 to 18 years of age is only authorized as prescribed by Article 3(3) of the Convention.

The Committee notes the Government’s indication that the Ministry of Labour and the Public Service has initiated a Bill on trafficking and the worst forms of child labour, which will bring the national legislation into conformity with the provisions of Article 3(3) of the Convention. The Committee hopes that the Bill on trafficking and the worst forms of child labour will take into account the requirements of Article 3(3) of the Convention and requests the Government to provide information on the progress achieved in the preparation and adoption of this Bill.

Article 6. Apprenticeship. In its previous comments, the Committee reminded the Government that Article 6 of the Convention lays down rules for apprenticeship and allows work to be performed by persons of at least 14 years of age in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, 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, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training.

The Committee notes that section 31 of the Labour Code provides that no one may be taken on as an apprentice who has not reached the age of at least 14 years. It notes the Government’s indication that the measures adopted to ensure that no person under 14 years of age is engaged in an apprenticeship are contained in the provisions of the Labour Code governing the conditions of the apprenticeship contract, namely sections 28–42. The Committee observes that these provisions relate, among other matters, to the duties of masters in relation to the protection of apprentices. The Committee once again requests the Government to provide information on apprenticeship programmes in practice.

Article 7. Light Work. 1. Domestic work or picking and gathering. The Committee noted previously that section 5 of the Child Labour Order provides that the age of admission to apprenticeship, which is set at 14 years, may, with the authorization of the labour inspector, be reduced to 12 years for the following types of work: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or child minder; picking, gathering or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also noted that section 6 of the Child Labour Order allows the employment of young workers from 12 to 14 years of age, if the work is carried out in accordance with section 5 referred to above, and that a list must be submitted to the labour inspector within eight days, specifying the name of each worker, the nature of the work and the corresponding remuneration. Furthermore, section 7 of the Child Labour Order requires the written consent of the parent or guardian in the case of the employment of children aged from 12 to 14 years.

However, the Committee reminded the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years on light work which is: (a) not likely to be harmful to their health or development; and (b) 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. Furthermore, under Article 7(3) of the Convention, the competent authority shall not only determine the activities in which light employment or work may be permitted, but shall also prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee observed that, as the Government had specified a minimum age of 16 years for admission to employment or work, children could only undertake light work as from the age of 13 years, and not 12 years. The Committee therefore requested the Government to provide information on the measures taken or envisaged to amend the provisions of the Child Labour Order so as to ensure that no one under the age of 13 years may undertake the light work. It also requested it to provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

The Committee notes the Government’s indication that it has introduced a Bill which will take into account the requirements of Article 7 of the Convention, as indicated above. However, the Committee observes that section 419 of the Children’s Code of 2008 uses the same terms as section 5 of the Child Labour Order in relation to the minimum age of 12 years for admission to certain types of light work. The Committee requests the Government to provide information in its next report on the progress achieved in the preparation of the Bill that is to take into account the requirements of Article 7 of the Convention. It requests the Government to indicate the provisions which address the minimum age for admission to light work, and those which prescribe the hours of work and the conditions under which light work may be undertaken, once the Bill has been adopted. The Committee also requests the Government to take the necessary measures to amend the provisions of the Child Labour Order referred to above, as well as section 419 of the Children’s Code, so as to ensure that no one under 13 years of age may perform light work.

2. Transport of loads. The Committee noted previously that, under section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull or push, either inside or outside of undertaking loads heavier than the following weights: (1) 10 kg in the case of loads carried by boys of 14–15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by hand cart by boys of 14–15 years; and (3) 40 kg (including the vehicle) in the case of transport by two-, three-, or four-wheeled trucks by boys.

The Committee notes the Government’s indication that the new Bill will prescribe the number of hours during which and the conditions in which boys may be employed or work in such activities. The Committee requests the Government to provide information on the progress achieved in the preparation of the Bill that is to take into account the requirements of Article 7 of the Convention.