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

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

The Committee notes the Government’s first report and draws its attention to the following points.

Article 1 of the Convention. National policy. The Committee notes that the Government has adopted several measures in order to abolish child labour. It notes in particular the setting up of focal points to combat child labour, a national coordination unit for child protection, and also local watchdog committees to involve the village authorities in the fight against trafficking of children and child labour. Furthermore, the Government has participated in a number of ILO/IPEC action programmes, particularly the ILO/IPEC subregional project combating the trafficking of children in West and Central Africa (LUTRENA). The Committee also notes that a national action plan against child labour has been drawn up and will be implemented. It therefore requests the Government to supply information on the implementation of the national action plan against child labour, indicating in particular whether action programmes have been adopted and, if so, the results obtain in terms of the progressive abolition of child labour. The Committee also requests the Government to supply a copy of the national plan.

Article 2, paragraphs 1 and 4. Scope of application. The Committee notes that the minimum age for admission to employment specified at the time of ratification of the Convention is 14 years. In this regard, it notes the information supplied by the Government to the effect that this age was specified with the agreement of the social partners, inasmuch as the economy and educational institutions are not sufficiently developed in the country. The Committee also notes that, under section 23.8 of Act No. 95/15 of 12 January 1995 (hereinafter “1995 Labour Code”), children may not be employed in an enterprise even as apprentices before the age of 14 years, without an exemption issued by regulation. The Committee notes that, under this provision, the minimum age for admission to employment or work applies only to an employment relationship and that consequently no minimum age for admission to employment or work is laid down for children who perform an economic activity outside this employment context, particularly in the informal sector or on a self-employed basis. It reminds the Government 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 paid. The Committee requests the Government to supply information on the way in which children who are not bound by an employment relationship, such as those who work on their own account or in the informal sector, enjoy the protection laid down by the Convention. In this regard, it requests the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services in such a way as to ensure this protection.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that the Government, in its initial report to the Committee on the Rights of the Child in 2000 (CRC/C/8/Add.41, paragraphs 81 and 172), indicates that section 1 of Act No. 95-696 of 7 September 1995 concerning education states all citizens are guaranteed the right to education to enable them to acquire knowledge, develop their personality, raise their standard of living and training, become integrated in social, cultural and occupational life, and exercise their citizenship. The Government also indicates that, although education for all has been a priority for a long time, no age for the completion of compulsory schooling has been fixed. The result is that many children end up on the street without having finished their primary schooling.

The Committee notes that, according to UNICEF statistics for 2000–06, the net school attendance rate at primary level is 57 per cent for girls and 66 per cent for boys, while at secondary level it is 22 per cent for girls and 32 per cent for boys. The Committee also notes that, according to the 2008 Education for All Global Monitoring Report published by UNESCO entitled Education for All by 2015: Will we make it?, Côte d’Ivoire is one of four countries which are at serious risk of not achieving the objective of universal primary education for all by 2015. Furthermore, the report mentions that the country will probably not achieve parity between the sexes in primary and secondary education by 2015. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the measures taken to increase the school attendance rate, at both primary and secondary levels, by giving particular attention to gender disparities in access to education. The Committee also requests the Government to step up its efforts to combat child labour, by strengthening measures enabling child workers to enter the formal or informal school system or take up vocational training, provided that minimum age criteria are respected. Finally, it requests the Government to supply a copy of Education Act No. 95-696 of 7 September 1995.

Article 3, paragraphs 1 and 2. Hazardous work and determination of these types of work. The Committee notes that section 1 of Order No. 2250 of 14 March 2005 concerning the list of hazardous work prohibited to children under 18 years of age (hereinafter “Order No. 2250 of 14 March 2005”) contains a list of more than 20 types of job or work which, by their nature or the conditions in which they are performed, are bound to jeopardize the health, safety or morals of young people, and the performance of which is prohibited to children under 18 years of age. These types of work are in agriculture and forestry, mining, trade, the urban domestic sector, craft work and transport. Furthermore, under section 2 of Order No. 2250 of 14 March 2005, the list of hazardous work will be revised each year, if necessary. The Committee also notes the information supplied by the Government in its first report on Convention No. 182 to the effect that when this list of types of hazardous work was drawn up, the various ministries responsible for agriculture, forestry, mining, trade and services, transport and craft work were consulted. Moreover, the drawing up of the list contained in Order No. 2250 of 14 March 2005 gave rise to the holding of two workshops in which the employers’ organization (National Employers’ Council of Côte d’Ivoire) and the workers’ organizations (DIGNITE, FESACI and UGTCI) took part.

Article 6. Vocational training and apprenticeships. The Committee notes that section 12.1 of the 1995 Labour Code provides that vocational training for workers is organized under conditions provided for by decree. It also notes that sections 12.2 to 12.11 of the Code regulate apprenticeships. Furthermore, Decree No. 96-285 of 3 April 1996 concerning vocational training and Decree No. 96-286 of 3 April 1996 concerning apprenticeships contain provisions concerning the implementation, management and orientation of vocational training and apprenticeship programmes. The Committee also notes that, under section 23.8 of the 1995 Labour Code, children may not be employed in an enterprise, even as apprentices, before the age of 14, unless exceptionally provided for by regulation. It also notes that, under section 3 of Decree No. 96-204 of 7 March 1996 concerning night work, children under 14 years of age engaged in an apprenticeship or in a pre-vocational training may not undertake work under any circumstances during the limitation period for night work or in general during the period of 15 consecutive hours from 5 p.m. to 8 a.m. The Committee requests the Government to indicate whether exceptions provided for by section 23.8 of the 1995 Labour Code have been adopted by regulation. Recalling that, under Article 6 of the Convention, the age of admission to work in enterprises in the context of an apprenticeship programme is 14 years, the Committee requests the Government to indicate whether children under 14 years of age may engage in an apprenticeship.

Article 7. Light work. The Committee notes that section 3D 356 of Decree No. 67-265 of 2 June 1967 states that, under set conditions, exceptions are made to the provisions relating to the minimum age for admission to employment or work with respect to children of either sex of at least 12 years of age for domestic work or light work of a seasonal nature, such as harvesting or sorting work in plantations. It also notes that sections 3D 357 to 3D 361 of Decree No. 67-265 of 2 June 1967 lay down the conditions regulating the exception provided for in section 3D 356. Hence, under section 3D 357 of Decree No. 67-265 of 2 June 1967, no exception may be allowed which would be likely to jeopardize the provisions in force concerning compulsory schooling. Under section 3D 358, no child between 12 and 14 years of age may be employed without the express permission of his or her parents or guardian. Furthermore, section 3D 359(1) of the Decree states that individual permission given to children attending school shall not result in the duration of work referred to in the first article of the present chapter exceeding two hours per day, both on school days and during the holidays, or in the number of hours per day devoted to school and work exceeding seven hours. Under section 3D 359(2), subject to observation of the provisions of section 3D 357(1), the employment of children between 12 and 14 years of age may not exceed four-and-a-half hours per day. Section 3D 359(3) provides that, in all cases of employment of children between 12 and 14 years of age, work is prohibited on Sundays and public holidays. The same kinds of work are also prohibited at night at least for the period of 12 consecutive hours between 8 p.m. and 8 a.m.

Article 8. Artistic performances. The Committee notes that section 3D-346 of Decree No. 67-265 of 2 June 1967 provides that it is prohibited to employ children under 16 years of age in public performances given in theatres, cinemas, cafes, concert halls or circuses, or for the performance of dangerous feats or contortionist exercises.

Article 9, paragraph 1. Penalties. The Committee notes that Order No. 2250 of 14 March 2005 concerning the list of hazardous types of work prohibited to children under 18 years of age does not lay down any penalty for violations of section 1. In this regard, it notes the Government’s indication to the effect that a draft Act prohibiting the trafficking of children and hazardous child labour is being drawn up. The Committee expresses the hope that the draft Act prohibiting the trafficking of children and hazardous child labour will be adopted as soon as possible and will contain provisions penalizing any violation of the ban on the employment of children under 18 years of age in work prohibited by Order No. 2250 of 14 March 2005.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government, in its initial report to the Committee on the Rights of the Child in 2000 (CRC/C/8/Add.41, paragraphs 86 and 172), indicates that, in reality, lack of training, the failure to match training to jobs and the persistent economic crisis lead to high unemployment among young people, some of whom resort to the informal sector. The Government also indicates that the abdication of parental responsibility and inadequate action on the part of the public authorities lead to the exploitation of children in the labour sector. Some children under 14 years of age go to work with or without their parents’ consent. Furthermore, the Government indicates that the exploitation of child labour, owing to poverty, is on the increase in the cities and some rural areas. Child workers are found in manufacturing enterprises and also in services such as carpentry, catering, craft work, street trading, domestic work, engineering and mining. A study published by the NGO Defence for Children International (DCI) entitled “Child labour in the mines of Côte d’Ivoire, illustrated by the Tortiya and Issia mines” reveals that 1,150 children are working in the Issia gold mine and the Tortiya diamond mine. The Committee requests the Government to supply information on the application of the Convention in practice, including, for example, statistical data disaggregated by sex and age, concerning the nature, extent and trends of the work of children and young people working below the minimum age specified by the Government at the time of ratification, and extracts from the reports of inspection services.