Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 138) sur l'âge minimum, 1973 - Guinée (Ratification: 2003)

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:

Article 1 of the Convention. National policy. The Committee notes from information available at the Office that Guinea participates in the ILO/IPEC West Africa Cocoa/Agriculture Programme to Combat Child Labour (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria also participate. The Committee requests the Government to provide information on the implementation of the WACAP project and on the results obtained in terms of eliminating child labour.

Article 2, paragraph 1. Scope. The Committee notes that, according to section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code, the Code applies to workers and employers who exercise their occupational activity in Guinea. The Committee observes that, according to the abovementioned provision, the Labour Code applies only to employment relationships. It reminds the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work whether or not performed within an employment relationship, and whether or not they are remunerated. The Committee therefore requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as children working on their own account, enjoy the protection provided by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes from information available at the Office that the age of completion of compulsory schooling is 16 years. It observes, however, that Guinea’s legislation on education is not available at the Office. It accordingly asks the Government to state the age of completion of compulsory schooling and to provide a copy of the national legislation on education. Please also provide statistics of the school enrolment and literacy rates, disaggregated by age and sex if possible.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that, according to section 187 of the Labour Code, apprentices and employees under 18 years of age may not be employed in unhealthy or dangerous establishments where employees are exposed to any handling or emissions harmful to their health, except in special circumstances determined by ministerial orders. It also notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 on child labour (“Child Labour Order”), sets out a list of types of hazardous work in which young persons under the age of 18 may not be employed. The Committee requests the Government to indicate whether, in determining the types of work included in section 2 of the Child Labour Order, consultations were held with the employers’ and workers’ organizations and, if so, to provide all relevant information.

Article 3, paragraph 3. Admission to hazardous work as from the age of 16 years. The Committee notes that section 3 of the Child Labour Order forbids the employment of young workers under 16 years of age in the following types of work: propulsion by means of pedals, wheels, peddle cranks or levers; operation of hand- or foot-operated jigs and jigging tables; operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines; and construction work other than finishing that does not require the use of scaffolding. It reminds the Government that, according to Article 3, paragraph 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 notes that section 3 of the Child Labour Order does not require fulfilment of these two conditions (health protection and training) in order to authorize the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore asks the Government to provide information on the measures taken to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years will be authorized only as prescribed by Article 3, paragraph 3, of the Convention.

Article 6. 1. Vocational training. The Committee observes that the Government has sent no information on vocational training. It therefore asks the Government to indicate whether the national legislation regulates vocational training and, if so, to provide a copy of the relevant provisions.

2. Apprenticeship. The Committee notes that section 5 of the Child Labour Order provides that the age for admission to apprenticeship, which is 14 years, may be reduced to 12 years subject to authorization from the labour inspector for the following: light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee observes that this provision sets 14 years as the age of admission to apprenticeship but allows it to be lowered for certain types of work. It observes that the types of work specified are more akin to light work than to the kind of work performed as part of an apprenticeship in an enterprise.

The Committee reminds the Government that Article 6 of the Convention lays down rules for apprenticeship, allowing work to be done by persons of at least 14 years 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; (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years may carry out an apprenticeship. It also asks the Government to provide practical information about apprenticeship programmes.

Article 7. Light work. 1. Domestic work or picking and gathering. The Committee notes from the information sent by the Government that it has not made use of the flexibility clause provided in this provision of the Convention. It notes, however, that section 5 of the Child Labour Order allows the age of admission to apprenticeship, which is 14 years, to be reduced to 12 years subject to authorization by the Labour Inspector for the following tasks: 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 notes that section 6 of the 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 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. Section 7 of the Order requires the written consent of the parent or guardian in the case of children aged from 12 to 14 years.

The Committee reminds the Government that, according Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programs approved by the competent authority or their capacity to benefit from the instruction received. Moreover, according to Article 7, paragraph 3, of the Convention, the competent authority must not only determine the activities in which employment or work may be permitted, but must also prescribe the number of hours during which and the conditions in which it may be undertaken. The Committee notes that since the government has specified a minimum age of 16 years for admission to employment or work, children may undertake light work as from the age of 13 years, and not 12 years. The Committee therefore asks the Government to provide information on the measures taken or envisaged to amend the provisions of Child Labour Order so as to ensure that no one under the age of 13 years may undertake light work. Please also 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.

2. Transport of loads. The Committee notes that according to section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull of push, either inside or outside the undertaking, loads heavier than the following: weights: (1)10 kg in the case of loads carried by boys of 14 to 15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by handcart by boys of 14 to 15 years; and (3) 40 kg (including vehicle) in the case of two-, three- or four-wheeled trucks by boys. The Committee requests the Government to indicate the number of hours during which and the conditions in which boys may engage in these activities.

Part V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report, the Committee requests it to provide details of the manner in which the Convention is applied in practice including full statistics, as far as possible, on the nature, extent and trends of work done by children and young people who are under the minimum age specified by the Government upon ratification, extracts of reports by the inspection services, particulars of the number and nature of infringements reported and the penalties applied. To the extent possible, the information should be disaggregated by sex.