Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 138) sur l'âge minimum, 1973 - Sénégal (Ratification: 1999)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption and launching of the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE). The PCNPETE provides for the organization of awareness-raising campaigns on the damage caused by child labour; the holding of capacity-building workshops for civil society, the social partners and the administration; the integration of action to combat child labour in sectoral policies and development programmes; the conduct of a national survey on child labour by 2014; expanding the provision of education and training; and reinforcing and harmonizing the national legal framework.

The Committee notes the Government’s indication in its report that the national legal framework is being harmonized following the adoption of the PCNPETE and that draft texts are being prepared. The Government adds that a plan of action has been drawn up but that, in the absence of technical and financial partners, the budget has still not been mobilized. The Committee also notes, according to the concluding observations of the Committee on the Rights of the Child of 7 March 2016, that various new institutional and political measures, including the creation of a national inter-sectoral committee and departmental committees on child protection to coordinate the implementation of the National Strategy on Child Protection, and the adoption of a Programme for the Improvement of Quality, Equity and Transparency in the Education and Training Sector (2012–25) (CRC/C/SEN/CO/3-5, paras 5 and 11). The Committee further notes that, according to the ILO’s 2014 publication “The twin challenges of child labour and educational marginalization in the ECOWAS region”, the number of children between the ages of five and 14 years involved in employment is 510,420, or 14.9 per cent of children in Senegal. The Committee notes with concern the high number of children engaged in child labour in Senegal who have not reached the minimum age for admission to employment of 15 years. The Committee requests that the Government intensify its efforts to combat child labour. It requests that it provide information on the progress made with the legislative amendments and the results achieved through the PCNPETE, as well as the various projects implemented. Noting that no statistical study on child labour has been undertaken, the Committee also requests the Government to intensify its efforts to conduct a new national survey of child labour.

Article 2(1). Minimum age for admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows exemptions from the minimum age for admission to employment by order of the Minister of Labour. The Government reiterated its commitment to review the provisions of the legislation with a view to making the necessary amendments and bringing it into conformity with the provisions of the Convention. The Committee also noted that the PCNPETE provides for the organization of workshops for the preparation of preliminary draft texts to revise the minimum age for admission to work and the exemption for admission to light work.

The Committee notes the Government’s indication that it is endeavouring to bring its legislation into conformity with the Convention and that draft legislative texts have been prepared. Noting that the Government has been referring to the reform of its legislation since 2006, the Committee once again urges it to take the necessary measures to amend the legislation as soon as possible to bring it into conformity with the Convention by providing for exemptions to the minimum age for admission to employment or work only in the cases strictly envisaged by the Convention. It requests that the Government provide copies of the draft legislative texts on this subject.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that, although the national legislation excludes all forms of work performed by children on their own account, in practice poverty has facilitated the development of such activities (shoeshiners, street vendors), which are completely illegal. The Committee noted that dropping out of school and educational wastage are the principal causes of child labour in the informal economy. In this regard, the Committee noted strategy No. 3 of the PCNPETE, which provides for the implementation of measures to extend the supply of education and training, and strategy No. 4 of the PCNPETE, on the strengthening and enforcement of the legal framework, which also envisages the reinforcement of the capacities and resources of the labour inspectorate.

The Committee notes the Government’s indication that the labour inspectorate does not have sufficient resources to monitor the informal economy, but that a process has commenced of reinforcing the resources available to the labour administration services. The Committee recalls that the Convention applies to all forms of work and employment, including children working in the informal economy. It also recalls that the expansion of monitoring mechanisms adapted to the informal economy can be an important means of ensuring the application of the Convention in practice, particularly in countries where the expansion of the scope of the implementing legislation to address children working in the informal economy does not seem to be a practicable solution (see the 2012 General Survey on the fundamental Conventions, paragraph 345). The Committee therefore requests that the Government take measures to adapt and strengthen the labour inspection services to ensure the monitoring of child labour in the informal economy and to ensure that these children are afforded the protection set out in the Convention. It requests that the Government provide information on the measures taken for this purpose.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 respecting child labour provides that the minimum age for admission to hazardous types of work is 18 years. However, it noted that, under the terms of Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of the hazardous types of work prohibited for children and young persons (Order No. 3750), boys under the age of 16 years are authorized to carry out the lightest work in underground mines and quarries, such as loading ore, handling and haulage of small wagons within the weight limits set out in section 6 of the Order, and overseeing or handling ventilation equipment (section 7). Order No. 3750 also allows the engagement of children aged 16 years in the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspectorate (section 14); work involving vertical wheels, winches and pulleys (section 15); the operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Government expressed a commitment to amend all the provisions that were not in conformity with the Convention in the context of a reform of laws and regulations as part of the implementation of the PCNPETE.

The Committee notes the Government’s indication that the exemptions in Order No. 3750 have been removed in the available draft texts. However, it notes that the Government has not provided any copies of this draft legislation. Recalling that the Committee has been referring to this issue since 2006, it urges the Government to take the necessary measures as rapidly as possible to bring its legislation into conformity with the Convention and to ensure that children under 16 years of age cannot be employed in work in underground mines and quarries and that the conditions provided for in Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the types of work covered by Order No. 3750 of 6 June 2003. It requests that the Government provide information on any progress made in this respect.