Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 138) sur l'âge minimum, 1973 - Cameroun (Ratification: 2001)

Articles 1 and 2(1) of the Convention. National policy, minimum age for admission to employment or work, and application of the Convention in practice. In its previous comments, the Committee noted that the Labour Code only applies within the framework of an employment relationship and does not protect children engaged in work outside a contractual employment relationship. However, the Committee noted that over 1.5 million children under 14 years of age were working in Cameroon and over a quarter of children aged 7 or 8 years were engaged in some form of economic activity (27 and 35 per cent, respectively) and were at serious risk of abuse, injury and disease in the workplace owing to their extreme youth. In addition, 164,000 children between 14 and 17 years of age were forced to perform hazardous work. The Committee also noted the Government’s indication that the children’s economic activities were mainly in the informal economy.

The Committee noted that the resources allocated to the labour inspectorate were insufficient to conduct effective investigations and that it did not carry out inspections in the informal economy. It noted the adoption of the National Plan of Action for the elimination of the worst forms of child labour (PANETEC) 2014–16, within which the reinforcement of resources for action by labour inspectors and the extension of their scope of activity were priorities. Substantial resources for action (logistics and transport, operating budget and inspection operations) were to be allocated to the labour inspection services to enable them to extend their activities effectively against child labour.

The Committee notes the Government’s indication in its report that the National Committee on Combating Child Labour has incorporated its anti-child labour activities in the programme and budget of the State. However, the Committee notes with concern the Government’s indication that the PANETEC has still not been adopted, which is an obstacle to its effective implementation. The Committee reminds the Government that the Convention applies to all branches of economic activity, whether formal or informal, and that it covers all types of employment or work, irrespective of whether or not it is on the basis of a contractual employment relationship and whether or not it is remunerated. Referring to the General Survey of 2012 on the fundamental Conventions (paragraph 345), the Committee observes once again that in some cases the limited number of labour inspectors does not enable the whole of the informal economy to be covered. Hence it calls on member States to strengthen the capacities of the labour inspectorate.

The Committee is once again bound to express its deep concern at the significant number of children who are working in Cameroon, including in hazardous types of work. The Committee urges the Government once again to step up its efforts to ensure the effective elimination of child labour below the minimum age for admission to employment, including in hazardous types of work, in particular by reinforcing labour inspection in the informal economy. The Committee requests that the Government provide information on progress made in this respect. It also requests that the Government continue providing information on the practical conduct of inspections by labour inspectors in the area of child labour, including the number of violations recorded and extracts from inspection reports. Lastly, the Committee urges the Government to take the necessary steps to ensure that the PANETEC is adopted as soon as possible.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the school attendance rate of working children was substantially lower than that of non-working children, at all ages. The school attendance rate was 70 per cent for working children between 6 and 14 years of age but was 86 per cent among children who did not work.

The Committee notes that the national education system is regulated by Act No. 98/004 of 14 April 1998 governing education in Cameroon. Under section 9 of the Act, only primary education is compulsory in the country, which begins at the age of 6 years (following two years of preschool education) and lasts for a six-year period (section 16). Hence compulsory schooling ends at the age of 12 years in Cameroon, namely two years before the minimum age for admission to employment or work (14 years). Referring to the General Survey of 2012 on the fundamental Conventions, the Committee observes that if compulsory schooling comes to an end before children are legally entitled to work, a vacuum may arise which regrettably opens the door for the economic exploitation of children (paragraph 371). The Committee therefore considers that the age of completion of compulsory schooling should be raised to coincide with that of the minimum age for admission to employment or work, as provided for in Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary steps to make education compulsory up to the minimum age for admission to employment, namely 14 years.