Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 138) sur l'âge minimum, 1973 - Tchad (Ratification: 2005)

The Committee notes with regret 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:

Repetition

Article 1 of the Convention. National policy. The Committee noted that the Government’s report does not contain any information on the existence of a national policy for the abolition of child labour in the country. However, it noted that the Committee on the Rights of the Child in its concluding observations on the second periodic report of Chad in February 2009 (CRC/C/TCD/CO/2, paragraph 16), noted the adoption of an Accelerated Strategy for Child Survival and Development. The Committee also noted that, according to the information in the Government’s report to the Committee on the Rights of the Child in June 2007 (CRC/C/TCD/2, paragraph 22), a draft Code on the protection of children is being prepared. Recalling that, under this provision of the Convention, each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour, the Committee requests the Government to supply information on the Accelerated Strategy for Child Survival and Development in terms of its impact on the abolition of child labour. It also requests the Government to send a copy of the Code on the protection of children, once it has been adopted.

Article 2(1). Minimum age for admission to employment or work. The Committee noted that, at the time of ratification of the present Convention, Chad declared a minimum age of 14 years for admission to employment or work. It noted the Government’s indication that section 52(1) of the Labour Code states that children may not be employed in any occupation before the age of 14 years, apart from in exceptional cases fixed by decree on the proposal of the Minister for Labour and Social Security and the Minister for Public Health, taking account of the tasks which these children may be asked to perform. The Committee requests the Government to state whether a decree establishing certain exceptions, on the proposal of the Minister for Labour and Social Security and the Minister for Public Health, taking account of the tasks which these children may be asked to perform, has been adopted, and, if so, to send a copy.

Domestic workers. The Committee noted that the Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 77), expressed concern at the problem of child domestic workers. In this regard, it noted the Government’s indication in its report relating to Convention No. 182 to the effect that this sector of activity is in the process of being regulated. The Committee reminded the Government that, under Article 2(1) of the Convention, no person beneath the specified minimum age, namely 14 years for Chad, may be admitted to employment or work in any occupation, subject to certain provisions of the convention, including Article 7 concerning light work. It requests the Government to supply information on the legislation which will regulate child domestic labour.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that, under article 35 of the Constitution of 1996, basic education is compulsory. It also noted that the Government, in its initial report to the Committee on the Rights of the Child in January 1997 (CRC/C/3/Add. 50, paragraph 42), stated that compulsory schooling lasts nine years from the age of 6, which would make 15 years the age of completion of compulsory schooling. However, according to information for 2006 from the UNESCO International Bureau of Education (IBE), the length of compulsory schooling is six years and concerns children between 6 and 11 years of age. The Committee observed that, in the light of the above, there is contradictory information as regards the age of completion of compulsory schooling in Chad. The Committee therefore requests the Government to indicate the age of completion of compulsory schooling in the country and send copies of the legislation which is applicable in this area.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee noted that section 7 of the Decree relating to child labour prohibits the employment of young workers under 16 years of age in the following types of work: (1) propulsion by means of pedals, wheels, pedal cranks or levers; operation of hand- or foot-operated jigs and jigging tables; (2) operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines; (3) and construction work other than finishing that does not require the use of scaffolding. It also noted that section 9(1) of the Decree relating to child labour states that labour inspectors may call for the examination of any young worker in order to determine whether the work in which he is employed does not exceed his strength. Section 9(2) states that where it is proven that the young worker is physically unfit for the work in which he is employed, he must be assigned to work which corresponds to his physical aptitude or be dismissed without the consequences of his dismissal being at his expense.

The Committee reminded the Government that, under Article 3(3) of the Convention, young persons over 16 years of age may be authorized to undertake hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. The Committee observed that section 7 of the Decree relating to child labour permits the employment of young workers as from the age of 16 years. It emphasized the fact that, even though section 9(1) of the Decree provides that labour inspectors may call for the examination of any young worker in order to determine whether the work in which he is employed does not exceed his strength, this provision is not compulsory and therefore does not allow effect to be given to the requirement to ensure the health, safety and morals of young workers laid down by this provision of the Convention. The Committee therefore requests the Government to take the necessary measures to bring its national legislation into conformity with Article 3(3) of the Convention and to adopt a provision whereby young workers over 16 years of age may be authorized to undertake hazardous work on condition that: (1) their health and safety are fully protected; and (2) they have received adequate specific instruction in the relevant branch of activity.

Article 6. Apprenticeships. The Committee noted that sections 11–37 of the Labour Code regulate apprenticeships and lay down conditions relating to the form and substance of apprenticeship contracts, the circumstances in which such a contract may be terminated and the consequences thereof, apprentice training centres and the participation of the State, enterprises or establishments in the training of apprentices. It also noted that section 18 of the Code states that an apprentice must be at least 13 years of age at the start of the apprenticeship. However, it noted that section 1 of the Decree relating to child labour states that no child under 14 years of age may be employed, even as an apprentice, in an enterprise on the territory of the Republic of Chad. The Committee observed that there is a discrepancy between the age of entry to an apprenticeship laid down by the Labour Code (13 years) and the one laid down by the Decree relating to child labour (14 years). It reminded the Government that Article 6 of the Convention states that the age of entry to an apprenticeship is 14 years. The Committee therefore requests the Government to take the necessary measures to harmonize the Labour Code with the Decree relating to child labour and to fix the age of entry to an apprenticeship at 14 years, in accordance with the terms of the Convention.

Article 7. Light work. The Committee noted that section 2 of the Decree relating to child labour states that the age for admission to employment is set at 12 years for the following types of work: (a) light domestic tasks corresponding to the work of a kitchen assistant, assistant cook, houseboy or childminder; (b) picking, gathering, or sorting work performed in agricultural undertakings; (c) light work of a non-industrial nature subject to the authorization of the labour inspector. It also noted that section 3(1) of the Decree states that such work is prohibited on Sundays and public holidays, for a period of at least 12 consecutive hours, including between 8 p.m. and 8 a.m. Section 3(2) states that the duration of such work may not exceed four and a half hours per day. Moreover, section 4 of the Decree states that the consent of parents of guardians is required for the admission to employment of a child between 12 and 14 years of age and section 5 of the Decree states that the admission of children to employment is subject to the written authorization of the labour inspector or his legal representative.

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 over 13 years of age on light work which is 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. The Committee requests the Government to indicate the manner in which the regular school attendance of children working four and a half hours per day is ensured.

Article 8. Artistic performances. The Committee noted that the Government’s report does not contain any information regarding the application of this provision. It reminded the Government that, under the terms of Article 8(1) of the Convention, it is possible, by way of exception to the minimum age for admission to employment or work and after consultation with the employers’ and workers’ organizations, to grant individual work permits for participation in activities such as artistic performances. Furthermore, under Article 8(2) such permits must 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 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activity.

Parts III and V of the report form. Labour inspection and application of the Convention in practice. The Committee noted the Government’s indication that statistical data are not available. However, it noted that, according to ILO statistics for 2000, approximately 318,000 children (151,000 girls and 167,000 boys) between 10 and 14 years of age were economically active, these figures representing 36.64 per cent of this age group of the population.

Moreover, the Committee noted that the Government, in its report to the Committee on the Rights of the Child in June 2007 (CRC/C/TDC/2, paragraph 51), indicated that, according to a 2003 UNICEF study on children in need of special protection, 7,031 children were identified as living or working in the streets in the following seven towns and cities: Abéché (467), Bongor (505), Doba (222), Kélo (1,103), Moundou (582), N’Djamena (3,570) and Sarh (582) (CRC/C/TCD/2, paragraphs 301–302). It also noted that the CRC, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 75), expressed particular concern at the problem of child herders, child domestic workers and the large number of children living in the streets, most of whom are living in poverty. The Committee also expresses concern at the high number of children under 14 years of age who are working and requests the Government to intensify its efforts to improve this situation. It requests the Government to supply information on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group on the nature, extent and trends of the labour of children and young persons working below the minimum age specified by the Government at the time of ratification, extracts from the reports of the inspection services, and information on the number and nature of infringements reported by these services.