Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Cameroon (RATIFICATION: 1970)

CMNT_TITLE_CAS

The Government supplied the following information:

As there have been no new legislative or regulatory provisions adopted during the relevant period, the Government maintained its previous statements and asked that the Committee refer to its previous reports.

In addition, a Government representative noted that the Committee of Experts recognized in its observation that the legislation of Cameroon included provisions giving effect to Convention No. 78, namely, Order No. 17 of 27 May 1969 concerning child labour, which requires medical examination of the fitness for work of children and young persons who are employees or apprentices. But the Committee of Experts asked for the extension of this requirement to children and young persons exercising an independent activity.

Although recognizing the good reason for this request, the Government already explained, in its earlier replies to the Committee of Experts, the difficulties of extending such examination to the informal sector. The activities of the informal sector, by definition, tend to escape any form of control. Paragraph 14 of Recommendation No. 79 referred to by the Committee of Experts provides that children should obtain a licence issued by a service under the labour department: this is an obligation to which the concerned persons would not be ready to adhere. Apart from some raids on street vendors, which would be neither desirable nor effective, it was difficult to expect the success of labour inspection in a sector where the tax office failed.

The Government was aware of the necessity of this examination and applied it to the employees and apprentices in the modern sector. It was also concerned about working children in the informal sector and was making efforts to reintegrate them into the education system or to provide them with training. In addition, the Government was at present discussing with the ILO a project under the International Programme for the Elimination of Child Labour (IPEC).

The Workers' members explained the reasons why they proposed to discuss this case: first of all, the protection of the health of children should not be considered as a technical question but as a major preoccupation; further, the lack of protection of health at work was often a sign of the lack of interest of the Government in social policy.

The explanations in the form of excuses presented by the Government were understandable in a sense but not fully acceptable, because the protection of safety and health should be ensured in all sectors including the informal sector. It was regulated by its own mechanisms which could be used to guarantee the health of children who worked within it.

They thought it appropriate to request, as did the Committee of Experts, that concrete and immediate measures be taken. As to the practical difficulties emphasized by the Government representative, they would justify the suggestion of a call for the technical assistance of the ILO.

The Employers' members largely shared the viewpoint of the Workers' members. They pointed out that the Committee of Experts was obliged to repeat its previous observation because no report had been received. The Government stated that it was willing to solve this problem without knowing how. This would therefore make a typical case in which the ILO should be called to bring its technical assistance, which should be advised to the Government in the conclusions.

The Workers' member of Cameroon supported the proposal of the Workers' members. In addition, the Committee should emphasize that the informal sector should be regulated in Cameroon.

The Workers' member of Senegal pointed out that, in discussing the question of child labour in the informal sector, the Committee was treating an important question for the whole of Africa. Accelerated by the crisis, the informal sector was growing and tended almost to overwhelm the modern sector. This situation presented a challenge for the ILO which should pick up this problem so as to find the means to ensure the social protection of children and also of adults who worked in this sector.

The Committee noted that the report of the Government had not been received in advance but written information was supplied at the Conference. The Committee also noted the oral statement made by the Government representative and the discussion which took place. Taking into account the difficulties explained by the Government, in the matter of organizing medical examinations of children and young persons in the informal sector, the Committee urged that the Government should establish practical measures to organize such medical examinations availing of technical assistance of the ILO. The Committee further called upon the Government to furnish its full report on the specific measures designed and brought into implementation to comply with Convention No. 78.

CMNT_TITLE

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) received on 3 October 2016, as well as the Government’s report.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that there were no provisions in the national legislation ensuring the application of the Convention to children and young persons working on their own account, as employees and apprentices are covered by the provisions of Order No. 17 of 27 May 1969 and the Labour Code. It also noted that the Government had reiterated that medical examinations for young persons were to be extended, inter alia, to young persons engaged on their own account in the informal economy and that some municipalities had done this for one category of workers. The Committee further noted the observations of the UGTC to the effect that, although provision is made for systematic inspections in the formal economy, no measures had been taken for young persons in the informal economy, despite the efforts made for young people in the context of combating HIV/AIDS. The Government indicated that it was very difficult to get young persons working in the informal economy to undergo a medical examination for fitness for employment, as it was unable to exercise any control over employers in that sector. The Committee nonetheless noted the Government’s indication that some young persons in the informal economy, such as casual street vendors with sales spaces provided by the public services, benefit from medical examinations. In view of the large number of children who work in the informal economy, particularly on their own account, the Committee expressed the firm hope that the Government would report in the very near future the progress made in ensuring the application of the Convention.

The Committee notes the Government’s indication in its report that the Labour Code is being revised and will include a new definition of “worker” so that workers in the formal and informal economies benefit from the same protection. However, the Committee notes that, according to the observations of the UGTC, no new measures have been taken to ensure the application of the Convention. Recalling that children who work on their own account are covered by Article 1(c) the Convention, the Committee hopes that the Government will take the necessary measures to make progress in the reform of the Labour Code and to ensure that the Convention is applied in law and practice to all young workers covered by the Convention, including those working in the informal economy. It requests the Government to provide information on the progress made in the reform and to provide a copy of the new Labour Code when it has been adopted.

CMNT_TITLE

The Committee takes note of the communication of 9 September 2011 from the General Union of Workers of Cameroon (UGTC) and the Government’s report.

In its previous comments the Committee noted with regret that despite repeated promptings the Government had still not taken legislative measures to give effect to the provisions of the Convention, and expressed the firm hope that the Government would take such measures. Noting once again that the Government provides no new information in its report, the Committee can but reiterate its hope that the Government will take measures at an early date to give effect to the Convention.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that there were no provisions in the national legislation allowing the Convention to be applied to children and young persons working on their own account, employees and apprentices being covered by the provisions of Order No. 17 of 27 May 1969 and the Labour Code. It also noted that the Government had indicated once again that medical examinations for young persons were to be extended, inter alia, to young persons engaged in own-account activities in the informal economy and that some municipalities had done this for a category of workers. The Committee further noted comments from the UGTC to the effect that although provision was made for systematic inspections in the formal sector, no measures had been taken for young persons in the informal economy despite the efforts undertaken for young people in the context of combating HIV/AIDS. The Government said in this connection that it was very difficult to get young persons in the informal economy to undergo a medical examination for fitness for employment insofar as it was unable to exercise any control over employers in the informal sector. The Committee nonetheless noted the information sent by the Government to the effect that some young persons in the informal economy do undergo medical examinations for example unregistered street vendors operating in the sales areas made available by the public services. The Committee expressed the hope that the Government would take the necessary steps, with assistance from the ILO, to ensure the application of the Convention.

The Committee notes that in its report submitted under the Minimum Age Convention, 1973 (No. 138), the Government provides some statistics from the National Report on Child Labour in Cameroon produced by the National Statistics Institute in cooperation with ILO–IPEC and published in December 2008. The results of this survey show that in 2007, 41 per cent of children aged from 5 to 17 years (2,441,181 children) work in Cameroon. Of these economically active 5 to 17 year-olds, 85.2 per cent are used in agriculture, fisheries, forestry and crop picking, and 4.4 per cent are affected by hazardous work. Furthermore, 79.3 per cent of the children are engaged in unpaid work as family workers. Noting once again that the provisions of the national legislation on medical examination for fitness for employment are applied only to young workers in the formal sector and reminding the Government once again that children employed on their own account are automatically covered by the Convention (Article 1(1)), the Committee once again urges the Government to take the necessary measures to ensure that the Convention is applied in law and in practice to all young workers covered by the Convention, including those working in the informal sector. In view of the significant number of children who work in the informal economy, some of them on their own account, the Committee can only express once again the firm hope that, in its next report, the Government will give an account of progress made in this regard.

CMNT_TITLE

In its previous comments, the Committee noted with regret that, despite repeated promptings from the Committee, the Government had still not taken legislative measures to give effect to the provisions of the Convention, and expressed the firm hope that the Government would take such measures in the near future. Noting the Government’s statement that responsibility for legislative measures to give effect to the provisions of the Convention lies with the Ministry of Employment and Vocational Training, the Committee can but reiterate its hope that the Government will take steps at an early date to give effect to the Convention.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that there were no provisions in the national legislation allowing the Convention to be applied to children and young persons working on their own account, employees or apprentices being covered by the provisions of Order No. 17 of 27 May 1969 and the Labour Code. It also noted that the Government had indicated once again that medical examinations for young persons were to be extended, inter alia, to young persons engaged in own-account activities in the informal economy and that some municipalities had done this for such a group of workers. The Committee likewise took note of observations by the General Union of Cameroon Workers (GUCW) to the effect that, although provision is made for systematic inspection in the formal sector, no measures have been taken for young persons in the informal economy despite efforts under way for young people in the context of combating HIV/AIDS. The Government said in this connection that it is very difficult to get young persons in the informal economy to undergo a medical examination for fitness for employment, as it is difficult to exercise any control over employers in the informal sector. The Committee expressed the hope that the Government would take the necessary steps, with assistance from the ILO, to ensure the application of the Convention.

The Committee notes the information sent by the Government to the effect that some young persons in the informal economy undergo medical examination, such as unregistered street vendors who operate in the sales areas made available by the public services. It also notes that, according to the Government, the Ministry of Employment and Vocational Training will be informed of the comments made on this matter. The Committee again notes that the legal provisions on medical examinations for fitness for employment apply only to young persons working in the formal sector, and again reminds the Government that children employed on their own account are automatically covered by the Convention (Article 1, paragraph 1). The Committee accordingly urges the Government to take the necessary steps to ensure that the Convention is applied in both law and practice to all young workers covered by the Convention, including those working in the informal economy. In view of the fact that, according to information available at the Office, a number of children work in the informal economy, some of them on their own account, the Committee again expresses the firm hope that in its next report the Government will give an account of progress made.

CMNT_TITLE

The Committee takes note of the Government’s report. It also notes the observations sent on 30 August 2005 by the General Union of Cameroon Workers (UGTC) containing comments on the application of the Convention.

The Committee notes with regret that despite repeated promptings from the Committee, the Government has still not taken legislative measures to give effect to the provisions of the Convention. It expresses the firm hope that the Government will take legislative measures in the near future to apply the provisions of the Convention.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that there were no provisions in the national legislation allowing the Convention to be applied to children and young persons working on their own account, employees or apprentices being covered by the provisions of Order No. 17 of 27 May 1969 and the Labour Code. It also noted that the Government had indicated once again that medical examinations for young persons should be extended to those engaged in own-account activities in the informal economy. The Government indicated in this connection that the municipal authorities in Cameroon had begun to extend medical examinations to a group of workers in the informal economy. The Committee expressed the hope that the Government would take steps to ensure that the Convention was applied both in law and in practice to all young workers covered by the Convention, including those in the informal sector.

The Committee notes that in its comments, the UGTC indicates that provision is made for systematic inspection in the formal sector but that no measures have been taken for young persons in the informal economy despite efforts under way for young people in the context of combating HIV/AIDS. The Committee notes the information sent by the Government on the provisions applying to medical examination for fitness for employment. However, the Committee notes - and the Government indicates in its report - that these provisions apply only to young workers in the formal sector. With regard to young persons working in the informal economy, the Committee notes that, according to the Government, it is very difficult to get them to undergo a medical examination for fitness for employment as it is difficult to exercise any control over employers in the informal economy. The Committee also notes that the Government has requested technical assistance from the ILO in order to identify employers in the informal economy and require them to comply with the regulations in force. The Committee also notes the Government’s statement that Cameroon has just benefited from a SIDA Enterprise project, which will take account of young persons working in enterprises. Those working outside enterprises will benefit from ad hoc activities such as campaigns for awareness raising and voluntary screening.

The Committee reminds the Government that children working on their own account are automatically covered by the Convention (Article 1, paragraph 1). The Government having stated several times that it intends to solve this problem, the Committee trusts that it will take the necessary steps, as a matter of urgency, with assistance from the ILO, to ensure that the Convention applies both in law and in practice to all young workers covered by the Convention, including those in the informal economy. Lastly, the Committee expresses the hope that the Government’s next report will give an account of progress made in this respect.

[The Government is asked to report in detail in 2006.]

CMNT_TITLE

The Committee notes that the Government has not yet adopted the necessary measures for the application of the Convention to children and young persons engaged in own-account activities. It notes the Government’s repeated indication that medical examinations of young persons should be extended, among others, to those engaged in own-account activities in the informal economy. In this respect, the municipal authorities in Cameroon have begun to extend medical examinations to a category of workers in the informal economy. However, in view of the complexity of the informal economy, the Government envisages seeking the technical and financial support of the Office with a view to identifying employers in the informal economy, through statistical surveys, for the purposes of regulation and protection. In view of the fact that the Government has on several occasions expressed its intention of resolving this problem, the Committee trusts that it will take the necessary measures on an urgent basis with ILO technical assistance to ensure the application of the Convention, in both law and practice, to all young workers covered by the Convention, including those working in the informal economy. Finally, the Committee is bound to hope that the Government’s next report will provide information on the progress achieved in this respect.

[The Government is asked to report in detail in 2005.]

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in its report. It notes that children under the age of 18 years, even in non-industrial work, must comply with the provisions of section 100 of the Labour Code under which "every employee must undertake a compulsory medical examination before recruitment". The Committee notes that this information does not reply to the comments made in its previous observations. The Committee recalls that the Government emphasized that the independent activities of children and young persons are carried out in the informal sector which eludes the supervision of the labour inspectorate and that application of the Convention to this sector cannot be envisaged until some degree of control is exercised over the sector. The Committee also recalls that during the discussion that took place at the 82nd Session of the Conference (June 1995) the Government representative recognized the soundness of requesting an extension of the requirement of a medical examination for fitness for employment to all categories of young workers. He stated that the Government was aware of the necessity of this examination for children and young persons. Given that on a number of occasions the Government has expressed its intention of taking measures with a view to subjecting children and young persons working in the informal sector to the provisions of the Convention, the Committee reiterates its hope that the Government will take the necessary measures to this end and will communicate the results which will ensure application of this Convention to this category of children and young persons.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail in 2004.]

CMNT_TITLE

The Committee notes the information supplied by the Government in its report. It notes that children under the age of 18 years, even in non-industrial work, must comply with the provisions of section 100 of the Labour Code under which "every employee must undertake a compulsory medical examination before recruitment". The Committee notes that this information does not reply to the comments made in its previous observations. The Committee recalls that the Government emphasized that the independent activities of children and young persons are carried out in the informal sector which eludes the supervision of the labour inspectorate and that application of the Convention to this sector cannot be envisaged until some degree of control is exercised over the sector. The Committee also recalls that during the discussion that took place at the 82nd Session of the Conference (June 1995) the Government representative recognized the soundness of requesting an extension of the requirement of a medical examination for fitness for employment to all categories of young workers. He stated that the Government was aware of the necessity of this examination for children and young persons. Given that on a number of occasions the Government has expressed its intention of taking measures with a view to subjecting children and young persons working in the informal sector to the provisions of the Convention, the Committee reiterates its hope that the Government will take the necessary measures to this end and will communicate the results which will ensure application of this Convention to this category of children and young persons.

[The Government is requested to report in detail in 2003.]

CMNT_TITLE

The Committee notes with regret that, for many years and despite making several observations (1984, 1992, 1995 and 1996), the reports due from the Government under article 22 of the ILO Constitution have not been received. It hopes that a report will be provided for examination by the Committee at its next session and that the report will contain full information on the points raised in its previous direct request.

Since its first comment, the Committee has been noting the absence of provisions in the national legislation to apply the Convention to children and young persons exercising an activity on their own account, while employees and apprentices are covered by the provisions of Order No. 17 of 27 May 1969. The Government has emphasized that the own account activities of children and young persons are carried out in the informal sector, which eludes the supervision of the labour inspectorate, and that the application of the Convention to this sector could not be envisaged until some degree of control is exercised over it. Nevertheless, the Committee notes that, during the discussion in the Conference Committee in June 1995, the Government representative recognized the soundness of requesting an extension of the requirement of a medical examination for fitness for employment to all categories of children and young workers. He stated that the Government was aware of the necessity of this examination for children and young persons. Moreover, in its reports, the Government has regularly expressed the intention of taking measures for this purpose. The Committee therefore urges the Government to provide information on the measures which have been taken or are envisaged to ensure the application of the Convention to this category of children and young persons.

Through its representative at the Conference in June 1995 and in its reports, the Government has emphasized the difficulties which would arise from the extension of the medical examination for fitness for employment to children and young persons in the informal sector. The Committee notes this fact, but recalls that children carrying on an own account activity are in fact covered by the Convention (Article 1(1)). The Committee therefore requests the Government to indicate the measures which have been taken to ensure the application of the Convention by extending the medical examination to children and young persons exercising an own account activity. In order to do so, it suggests that the Government envisage having recourse to the technical assistance of the ILO.

The Committee firmly hopes that the Government will make every effort to take the necessary measures in the very near future.

[The Government is asked to report in detail in 2002.]

CMNT_TITLE

In earlier comments, the Committee noted the lack of any provisions in the national legislation enabling the Convention to be applied to children and young persons exercising an independent activity - employees or apprentices being covered by the provisions on medical examinations of Order No. 17 of 27 May 1969. It asked the Government to provide information on the measures taken or envisaged to ensure application of the Convention to this category of children and young persons. In its reports, the Government has stated periodically its intention to take measures to this end. At the same time, the Government stressed that the independent activities of children and young persons are carried on in the informal sector which is outside the control of the labour inspectorate and that applying the Convention to this sector cannot be envisaged until some degree of control is exercised over it.

The Committee notes that at the Conference Committee in June 1995 the Government representative recognized the good reason for the request to extend the medical examination for fitness for employment of children and young persons to all categories of young workers. He stated that the Government was aware of the necessity of this examination for children and young people.

While noting the practical difficulties of extending the medical examination for fitness for employment to children and young persons in the informal sector, raised by the Government in its reports and by the Government representative at the Conference, the Committee recalls that children carrying on an independent activity are covered by the scope of the Convention (Article 1, paragraph 1). The Committee asks the Government to indicate the measures taken to ensure application of the Convention by extending the medical examination to children and young persons exercising an independent activity. It suggests that the Government might envisage the possibility of calling on the ILO for technical assistance.

CMNT_TITLE

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In earlier comments, the Committee referred to the lack of any provisions in the national legislation enabling the Convention to be applied to children and young persons exercising an independent activity employees or apprentices being covered by the provisions on medical examinations of Order No. 17 of 27 May 1969 respecting child labour. It asks the Government to provide information on the measures taken or under consideration to ensure application of the Convention to this category of children and young persons. In its reports, the Government has stated on several occasions that it intends to take appropriate measures. The Committee notes the Government's statement in its report received in 1990 that in view of the fact that the independent activities of children and young persons are carried on in the informal sector which is outside the control of the labour inspectorate, it will not be possible to envisage applying the Convention to this sector until some degree of control is exercised over the sector. While noting the difficulties referred to by the Government, the Committee points out that children exercising independent activities fall within the scope of the Convention (Article 1, paragraph 1). In order to ensure that the Convention is fully applied, it asks the Government to take the necessary measures to give effect to the provisions of the Convention concerning children and young persons and to provide information on progress made in this respect. In this connection, the Government may take into consideration the Medical Examination of Young Persons Recommendation (No. 79), and particularly article 14 on methods of enforcement of regular medical examinations for fitness for employment of children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or any other occupation carried on in the streets or in places to which the public have access. The Committee hopes that the Government will take the necessary action in the near future.

CMNT_TITLE

In earlier comments, the Committee referred to the lack of any provisions in the national legislation enabling the Convention to be applied to children and young persons exercising an independent activity - employees or apprentices being covered by the provisions on medical examinations of Order No. 17 of 27 May 1969 respecting child labour. It asks the Government to provide information on the measures taken or under consideration to ensure application of the Convention to this category of children and young persons.

In its reports, the Government has stated on several occasions that it intends to take appropriate measures.

The Committee notes the Government's statement in its last report that in view of the fact that the independent activities of children and young persons are carried on in the informal sector which is outside the control of the labour inspectorate, it will not be possible to envisage applying the Convention to this sector until some degree of control is exercised over the sector.

While noting the difficulties referred to by the Government, the Committee points out that children exercising independent activities fall within the scope of the Convention (Article 1, paragraph 1). In order to ensure that the Convention is fully applied, it asks the Government to take the necessary measures to give effect to the provisions of the Convention concerning children and young persons and to provide information on progress made in this respect.

The Committee asks the Government to take into consideration the Medical Examination of Young Persons Recommendation (No. 79), and particularly article 14 on methods of enforcement of regular medical examinations for fitness for employment of children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or any other occupation carried on in the streets or in places to which the public have access.

CMNT_TITLE

Article 1 of the Convention. The Committee notes the information supplied by the Government in its report to the effect that it is still the Government's intention to take the necessary legislative measures to extend the effect given to the Convention to cover children and young persons exercising an independent activity. The Committee notes that the Government made a similar statement in its last report without any measures being taken to give effect to this provision of the Convention. It trusts that the Government will take the necessary action in the near future and requests it to indicate in its next report any progress achieved in this respect.