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

Convention (n° 138) sur l'âge minimum, 1973 - Comores (Ratification: 2004)

The Committee notes the Government’s first report and notes that it is not a detailed report. The Committee reminds the Government that a first report must contain detailed information on each of the provisions of the Convention and questions covered by the report form. The Committee hopes that the Government’s next report will contain detailed replies with regard to each point referred to in the report form.

Article 1 of the Convention. National policy. The Committee notes that, according to the Government’s information in its annual report sent in 2002 under the follow-up to the Declaration on Fundamental Principles and Rights at Work, a national plan to ensure the effective abolition of child labour in the country has been drawn up. It requests the Government to supply information on the implementation of this national plan, indicating, in particular, whether programmes of action have been adopted and, if so, the results achieved 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, paragraph 1. Scope of application. The Committee notes that, under section 123(1) of the Labour Code, children may not be employed in any enterprise, even as apprentices, before the age of 15 years. The Committee notes that this provision shows that the minimum age for admission to employment or work applies only to an employment relationship and, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. It reminds the Government that the Convention applies to all branches of economic activity and that it covers any type 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 manner in which children who are not bound by an employment relationship, such as those who are self‑employed or working in the informal sector, benefit from the protection afforded by the Convention. In this regard, it requests the Government to consider the possibility of taking measures to adapt and strengthen the labour inspection services in order to ensure this protection.

Article 2, paragraph 3, and Part V of the report form. Compulsory schooling and application of the Convention in practice. The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the country’s initial report in October 2000 (CRC/C/15/Add.141, paragraphs 43 and 44), noted with concern that the school enrolment rate is low; that equal access to education is not ensured; that there is a gender gap with regard to school enrolment; and that the school drop-out rate is high. The Committee on the Rights of the Child also expressed its concern with regard to the increasing number of children who are obliged to work, particularly in the parallel economy, in the agricultural sector and in the family context, and also at the lax application of the law (CRC/C/15/Add.141, paragraphs 48 and 49). In this regard, the Committee notes that, according to the information supplied by the Government in its annual report sent in 2001 under the follow-up to the Declaration on Fundamental Principles and Rights at Work, child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate with respect to some children. Children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent).

The Committee notes that, according to the information available on the web site of the UNESCO International Bureau of Education (IBE) (www.ibe.unesco.org/countries/Comoros.htm), the education system of Comoros is composed of two subsystems, one a traditional Koranic type and the other a modern type. Furthermore, under the terms of Framework Act No. 94/035/AF of 20 December 1994, primary education is compulsory between the ages of 6 and 12 years. Secondary education comprises a compulsory first cycle up to the age of 14, lasting four years (age group: 12–16 years). The Committee notes that, according to the information available on the UNICEF web site (www.unicef.org/infobycountry/comoros_2674.html) for the years 2000–05, the net primary school attendance rate is 31 per cent for both girls and boys, while the secondary school rate is 11 per cent for girls and 10 per cent for boys. The Government adopted a programme of Education for All by 2015 (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, the Committee notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except as regards gender parity in primary education, where the indicators are that Comoros may not achieve the goals by 2015.

According to the above information, the Committee understands that the age of completion of compulsory schooling is 14 years and emphasizes that this age is below the minimum age for admission to employment or work specified by Comoros, which is 15 years. It notes the Government’s statement that a large number of children work from the age of 12 onwards, well before the age of completion of compulsory schooling. The Committee expresses its concern with regard to the low school attendance rate at both primary and secondary levels, and observes that poverty is one of the primary causes of child labour and, combined with a deficient education system, hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts 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 in the context of the “EFA by 2015” programme to increase the school attendance rate and reduce the school drop-out rate, particularly with respect to girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to supply information on the results achieved and also on the application of the Convention in practice, including, for example, statistical data disaggregated by sex and age group, and with respect to the nature, extent and trends in the employment of children and young persons working below the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services. Finally, the Committee requests the Government to send a copy of Framework Act No. 94/035/AF of 20 December 1994.

Article 3. Hazardous work. The Committee notes that, under section 123(2) of the Labour Code, a ministerial order determines, further to an opinion of the Higher Labour Council, the types of work and categories of enterprises prohibited to young persons and the age limit to which the prohibition applies. In this regard, the Committee notes draft Order No. 5 fixing the types of work and the categories of enterprises prohibited to young persons and the age conditions regarding the admission of children to employment (draft Order No. 5) communicated by the Government in 2005 with its report under Convention No. 33. The Committee observes that the term “child” used in this draft order is not defined and is sometimes used to indicate an age between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). This makes it impossible to identify precisely the minimum age for admission to hazardous work. However, the Committee notes the Government’s statement that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions regarding the admission of children to work has been drawn up. The purpose of this draft will be to raise the minimum age from 16 to 18 years.

The Committee reminds the Government that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous work, namely any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also recalls that, under Article 3, paragraph 2, of the Convention, types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers. Furthermore, under Article 3, paragraph 3, of the Convention, national law may, after consultation of the employers’ and workers’ organizations, authorize the performance of hazardous work by young persons between 16 and 18 years of age on condition that their health, safety and morals are fully protected and they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee hopes that the abovementioned draft legislation will be adopted as soon as possible and hopes that it will take account of the provisions of Article 3 of the Convention. It requests the Government to supply information on all progress made towards this end. Finally, the Committee requests the Government to supply information on consultations with employers’ and workers’ organizations which will take place in the context of the adoption of the draft legislation.

Article 6. Apprenticeships. The Committee notes that section 63 of the Labour Code lays down the formal conditions for apprenticeship contracts. It also notes that Act No. 88-014 on apprenticeships lays down the substantive conditions for apprenticeship contracts, particularly training conditions and procedures. In this regard, section 5 of Act No. 88-014 concerning apprenticeships states that the age for admission to an apprenticeship shall be at least 15 years.

Article 7. Light work. The Committee notes that the Government does not supply any information with regard to the application of this provision of the Convention. It reminds the Government that, under Article 7, paragraph 1, of the Convention, national law may authorize the employment of persons between 13 and 15 years of age in light work, provided that the work is not likely to be harmful to their health or development and 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. It also recalls that, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. In view of the statistics referred to above in connection with Article 2, paragraph 3, the Committee requests the Government to indicate whether it intends to take the necessary measures to allow children to perform light work from the age of 13 years, in conformity with Article 7, paragraph 1, of the Convention; and, if so, to indicate the activities in which the performance of light work may be permitted and provide information on the applicable conditions of work.

Article 8. Artistic performances. The Committee notes that the Government’s report does not contain any information regarding the application of this provision. It reminds the Government that, under Article 8, paragraph 1, of the Convention, permits may be granted in individual cases, by way of exception to the provisions on the minimum age for admission to employment or work and after consultation of the employers’ and workers’ organizations, for such purposes as participation in artistic performances. Under Article 8, paragraph 2, permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to indicate whether, in practice, children under 15 years of age participate in such activities.

Article 9, paragraph 3. Registers. The Committee reminds the Government that under the terms of this provision of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer. Such registers or documents must indicate the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee requests the Government to indicate the provisions of national law which state that the employer must keep a register or other documents and supply a copy of this register or documents.