Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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

Article 2(1) and (4) of the Convention. Scope of application. The Committee previously noted that, under section 23(8) of Act No. 95/15 of 12 January 1995 (Labour Code), children may not be employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by means of regulations. It noted 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, especially in the informal sector or on a self-employed basis.

The Committee notes the Government’s indication that the letter and spirit of the Labour Code applies to any type of employment relationship, including the informal sector. It also notes the information provided by the Government under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Labour Code extends to professional relationships, whether remunerated or not, and that the employment contract does not need to be in written form. However, it notes that the Government recognizes that self-employed persons do not benefit from this protection, but that numerous provisions of the bill prohibiting the trafficking of children and the worst forms of child labour ensure the protection of children working on a self-employed basis.

While noting the adoption of Act No. 2010-272 of 30 September 2010 prohibiting the trafficking of children and the worst forms of child labour, the Committee observes that this Act aims to prohibit and combat the worst forms of child labour defined in accordance with Article 3 of Convention No. 182, and does not therefore cover all categories of work and employment. The Committee therefore requests the Government to provide information on the measures taken in practice to ensure that children working on a self-employed basis are afforded the protection provided for by the Labour Code.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, according to UNICEF statistics for
2000–06, the net school attendance rate at primary level was 57 per cent for girls and 66 per cent for boys, while at secondary level, it was 22 per cent for girls and 32 per cent for boys. The Committee further noted 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 and the country is unlikely to achieve gender parity in primary and secondary education.

The Committee notes the measures taken by the Government to improve the functioning of the education system and increase the school attendance rate, at both primary and secondary levels. These measures include the lifting of restrictions relating to the wearing of school uniforms, the distribution of free school textbooks in public schools and establishments, free access to preparatory classes and reduced registration fees in secondary schools, as well as the introduction and improvement of school canteens in order to provide cheaper catering for pupils. The Committee also notes the information provided by the Government concerning the implementation of an awareness-raising policy designed to increase the school attendance rate of girls in urban and rural environments, in partnership with UNICEF and local non-governmental organizations.

The Committee takes due note of these measures designed to increase the school attendance rate. However, it notes that, according to UNICEF statistics for
2003–08, the net school attendance rate at primary level has not increased. It also notes that, although section 1 of Act No. 95-696 of 7 September 1995 concerning education (the Education Act) provides that all citizens are guaranteed the right to education, no provision guarantees the compulsory nature of schooling or lays down the age of completion of compulsory schooling. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to adopt legislation introducing compulsory schooling and establishing the age of completion of compulsory schooling so as to prevent children from engaging in work. It encourages the Government to continue taking effective measures to improve the functioning of the education system, in particular by increasing the school attendance rate at both primary and secondary levels, paying particular attention to gender disparities in access to education. Furthermore, it once again requests the Government to intensify its efforts to combat child labour by strengthening measures enabling working children to enter the formal or informal school system or take up vocational training, providing that minimum age criteria are respected.

Article 6. Apprenticeships. The Committee previously noted that sections 12.2–12.11 of the Labour Code govern apprenticeships. It also noted that section 23.8 of the Code prohibits children from being employed in an enterprise, even as apprentices, before the age of 14 years, unless an exemption is provided for by regulations. Furthermore, it noted 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 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 requested the Government to indicate whether exemptions provided for by section 23.8 of the Labour Code have been adopted by regulation allowing children under 14 years of age to embark on an apprenticeship.

The Committee notes the information provided by the Government that the texts implementing section 23.8 of the Labour Code have not yet been enacted to allow children under 14 years of age to embark on an apprenticeship and that an exemption to that effect will probably be envisaged in the context of the reform of the Labour Code. Recalling once again that, under Article 6 of the Convention, the age for admission to work in enterprises in the context of an apprenticeship programme is 14 years, the Committee urges the Government to take the necessary measures to harmonize the Labour Code and Decree No. 96-204 of 7 March 1996 with the Convention and to establish a minimum age of 14 years for embarking on an apprenticeship.

Article 9(1). Penalties. In its previous comments, the Committee noted that Order No. 2250 of 14 March 2005 establishing the list of hazardous types of work prohibited to children under 18 years of age does not provide for any penalty for violations of section 1. The Committee also noted that a bill prohibiting the trafficking of children and hazardous child labour was being drawn up.

The Committee notes with satisfaction that, under section 19 of Act No. 2010-272 of 30 September 2010, anyone who has a child in their care or supervises a child if they are in charge of the child’s education or his or her intellectual or professional development, who knowingly forces or allows that child to carry out hazardous work, shall be liable to a prison sentence of between one and five years. Furthermore, section 6 provides that hazardous work shall mean work included on the list established by Ministry of Labour Order No. 2250 of 14 March 2005.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to a national survey on child labour undertaken in 2005, children are mainly employed in agriculture (cereal, coffee, or cocoa crops), commercial activities and industry. According to this study, 19 per cent of children are involved in harmful activities. Moreover, 83 per cent of economically active children engage in harmful activities and 17 per cent in hazardous types of work. Furthermore, one in five children involved in harmful activities is engaged in a hazardous type of work.

The Committee notes the Government’s indication that a new national survey was undertaken in 2008. However, the results of that survey have not yet been validated and have therefore not been provided. The Committee also notes the information provided by the Government that, according to the household standard of living survey carried out in 2008 (ENV 2008), 71.6 per cent of economically active children are employed in agriculture and 97.1 per cent are engaged in activities harmful to their health. Furthermore, the Committee notes that, according to the national child labour survey carried out in 2005, the majority of children forced to carry out harmful activities are under 15 years of age. Thus, 89.7 per cent of children engaged in harmful activities are under 15 years of age. Furthermore, the survey shows that more children are involved in these types of activities in rural areas compared to urban areas and that 328,000 children were affected in 2005. It also notes that, according to UNICEF statistics for 1999–2008, 35 per cent of children aged between 5–14 years in the country are working. While noting the adoption of new legislative provisions prohibiting and punishing the performance of hazardous work by children under 18 years of age, the Committee observes that many children under the minimum age for admission to employment are engaged in harmful activities and hazardous work and therefore requests the Government to redouble its efforts to improve the child labour situation in the country, particularly the situation of children working in cocoa production and hazardous types of work. Furthermore, it requests it to provide the results of the 2008 national survey as soon as they have been validated. Finally, the Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistics disaggregated by gender and age concerning the nature, extent and trends of the work 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.

The Committee is raising other points in a request addressed directly to the Government.