Minimum Age Convention, 1973 (No. 138) - Comoros (RATIFICATION: 2004)

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the Government’s information on the measures taken since the adoption and implementation of the National Action Plan to Combat Child Labour (PAN) 2010–15.

The Committee notes that, according to the reports on the ILO–IPEC projects, GAP09 and GAP11, covering the 2010–13 period, a number of activities have been implemented in support of the PAN. The most recent of them include organizing the National Forum against Child Labour in November 2013, which saw the adoption of the Moroni Declaration on the National Forum against Child Labour, solemnly reaffirming the will of the stakeholders to combat child labour, and also marking the World Day against Child Labour in Anjouan in June 2015 (with ILO support). Nevertheless, the Committee notes the Ministry of Employment’s statement that there have been no further specific action by the Government since the end of the GAP11 project in 2013, except for incorporating the updated version of the PAN into the review of the Strategy for Accelerated Growth and Sustainable Development (SCA2D) 2015–19.

The Committee notes the Government’s indication in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), that the success of the implementation of the PAN depends on capacity-building for the entities responsible for implementing its component parts, namely the National Committee on Combating Child Labour and its secretariat, and also the ministries and partner organizations concerned. It notes that the Government calls in its report for technical and financial support from partners in order to mobilize funds to implement the PAN effectively. However, the Committee notes that the Government is receiving ILO assistance under the Decent Work Country Programme (DWCP) 2015–19, and also from UNICEF as part of the UNICEF country programme 2015–19. The Committee requests that the Government provide information on all progress made with regard to the ongoing implementation of the PAN to ensure the effective abolition of child labour. It also requests that the Government provide information on the impact of the DWCP, the UNICEF country programme and any other relevant programme as regards the progressive elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code of 1984, the minimum age of 15 years for admission to employment or work applies only to an employment relationship and consequently no minimum age for admission to employment or work is prescribed in respect of children performing an economic activity outside this context, particularly those working on their own account or in the informal sector. It noted in this regard that the Government had submitted a request for technical assistance to gradually train enough labour inspectors to cover the entire country.

The Committee notes that the new Labour Code of 2012 only applies to an employment relationship (section 1) but that under the second paragraph of section 129 of the new Code, a child cannot be employed as a wage earner or work on his/her own account before the age of 15 years. However, no provision protects children who are working in the informal economy. Furthermore, the Committee notes that the Government again reiterates the need to train labour inspectors with a view to a better application of the Convention in all economic sectors. The Committee requests that the Government once again take the necessary steps to provide labour inspectors with such training as to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. The Committee also requests that the Government provide information on progress made in this regard.

Article 3. Hazardous work. In its previous comments, the Committee noted that a new Labour Code was adopted in 2012 through Act No. 12-167, section 131(d) of which prohibits the admission of children under 18 years of age to work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. The Committee also noted the Government’s indication that, within the framework of the PAN, the list of hazardous types of work prohibited for children was approved by the Council of Ministers on 8 August 2012 and published in March 2014. The Committee notes that this list comprises a series of tasks regarded as dangerous and classified according to the sectors in which they may be carried out, including agroforestry, engineering, carpentry, work in Koranic schools, domestic work, transport, tourism and fishing. However, the Committee observes that the minimum age for admission to such work remains unclear. In this regard, the Committee notes the Government’s indication that a draft ministerial order is being drawn up specifying the types of work and categories of enterprises which are prohibited for young persons, and also the minimum age for the application of the prohibition. According to the Government, this order is awaiting the opinion of the Labour and Employment Advisory Council.

The Committee reminds the Government that under Article 3(1) and (3) of the Convention, the minimum age for admission to any type of hazardous employment or work must not be less than 18 years, except for certain types of employment or work which may be carried out from the age of 16 years, on condition that: (1) the employers’ and workers’ organizations concerned have been consulted in advance; (2) the health, safety and morals of the young persons concerned are fully protected; and (3) the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests that the Government take the necessary steps to ensure that the provisions of Article 3 of the Convention are observed and, in particular, that the minimum age for admission to hazardous types of employment or work is fixed at 18 years, or at 16 years subject to fulfilment of the conditions set out in Article 3(3) of the Convention. The Committee requests the Government to provide information on progress made in this respect.

Article 7. Light work. The Committee previously noted that section 129 of the new Labour Code reiterates that the minimum age for admission to employment or work is 15 years. However, and as indicated by the Government, the third paragraph of section 129 provides that children may perform their first light work, such as work at home or in the fields, provided that such work is not likely to adversely affect their school attendance, participation in vocational training programmes, or physical and mental development. The fourth paragraph of section 129 provides that a ministerial order will establish the types of light work and the categories of enterprises prohibited for young persons and the minimum age for the application of the prohibition.

The Committee notes with regret that there is no information on this matter in the Government’s report. The Committee once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons aged 13 to 15 years in light work, provided that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee urges the Government to take the necessary steps to ensure that a ministerial order is adopted to fix the minimum age for admission to light work at 13 years, regulate the employment of young persons from 13 to 15 years of age in these types of light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2(3) of the Convention. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour was a visible phenomenon in the country, particularly as a result of poverty and of the low school enrolment rate in some cases. In this regard, the Committee noted that the capacity of schools was very limited and that some primary and secondary schools were obliged to refuse to enrol certain children of school age. Consequently, a large number of children, particularly from poor families and disadvantaged backgrounds, were deprived of an education.

The Committee noted the Government’s indication that there had been a positive trend towards gender parity in school, standing at 0.87 at primary level. However, it was less satisfactory at secondary level, where the numbers of girls in school had fallen significantly. According to the Government, particular problems in the educational situation for girls involved late enrolment, a very high repetition rate – around 30 per cent in primary school and 23 per cent in secondary school – and a high drop-out rate, with only 32 per cent of pupils completing primary education.

The Committee notes the Government’s statement in its report that it is taking steps to reduce the disparity in school enrolment rates for girls and boys. The Government indicates that the school mapping system is being revised by the Ministry of Education, in conjunction with the education offices and UNICEF, with a view to boosting educational coverage and ensuring better access to education for children living in rural areas. Moreover, the Committee notes that a UNICEF country programme has been adopted for 2015–19, which aims, among other things, to support the Government’s efforts to enhance children’s right to education. One of the main objectives of the programme is to ensure that all children are enrolled in and complete inclusive, high-quality education, with the focus on equity and achievement.

However, the Committee notes that section 2 of Framework Act No. 94/035/AF of 20 December 1994 provides that schooling is only compulsory from 6 to 12 years of age, which is three years earlier than the minimum age for admission to employment or work, namely 15 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 it desirable to raise the age of completion of compulsory schooling so that it coincides with 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 education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary steps to make education compulsory until the minimum age for admission to employment, namely 15 years. Moreover, the Committee requests that the Government intensify its efforts to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee requests that the Government provide information on the results achieved in this respect.

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

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

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the Government’s information on the measures taken since the adoption and implementation of the National Action Plan to Combat Child Labour (PAN) 2010–15.

The Committee notes that, according to the reports on the ILO–IPEC projects, GAP09 and GAP11, covering the 2010–13 period, a number of activities have been implemented in support of the PAN. The most recent of them include organizing the National Forum against Child Labour in November 2013, which saw the adoption of the Moroni Declaration on the National Forum against Child Labour, solemnly reaffirming the will of the stakeholders to combat child labour, and also marking the World Day against Child Labour in Anjouan in June 2015 (with ILO support). Nevertheless, the Committee notes the Ministry of Employment’s statement that there have been no further specific action by the Government since the end of the GAP11 project in 2013, except for incorporating the updated version of the PAN into the review of the Strategy for Accelerated Growth and Sustainable Development (SCA2D) 2015–19.

The Committee notes the Government’s indication in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), that the success of the implementation of the PAN depends on capacity building for the entities responsible for implementing its component parts, namely the National Committee on Combating Child Labour and its secretariat, and also the ministries and partner organizations concerned. It notes that the Government calls in its report for technical and financial support from partners in order to mobilize funds to implement the PAN effectively. However, the Committee notes that the Government is receiving ILO assistance under the Decent Work Country Programme (DWCP) 2015–19, and also from UNICEF as part of the UNICEF country programme 2015–19.The Committee requests that the Government provide information on all progress made with regard to the ongoing implementation of the PAN to ensure the effective abolition of child labour. It also requests that the Government provide information on the impact of the DWCP, the UNICEF country programme and any other relevant programme as regards the progressive elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code of 1984, the minimum age of 15 years for admission to employment or work applies only to an employment relationship and consequently no minimum age for admission to employment or work is prescribed in respect of children performing an economic activity outside this context, particularly those working on their own account or in the informal sector. It noted in this regard that the Government had submitted a request for technical assistance to gradually train enough labour inspectors to cover the entire country.

The Committee notes that the new Labour Code of 2012 only applies to an employment relationship (section 1) but that under the second paragraph of section 129 of the new Code, a child cannot be employed as a wage earner or work on his/her own account before the age of 15 years. However, no provision protects children who are working in the informal economy. Furthermore, the Committee notes that the Government again reiterates the need to train labour inspectors with a view to a better application of the Convention in all economic sectors.The Committee requests that the Government once again take the necessary steps to provide labour inspectors with such training as to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. The Committee also requests that the Government provide information on progress made in this regard.

Article 3. Hazardous work. In its previous comments, the Committee noted that a new Labour Code was adopted in 2012 through Act No. 12-167, section 131(d) of which prohibits the admission of children under 18 years of age to work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. The Committee also noted the Government’s indication that, within the framework of the PAN, the list of hazardous types of work prohibited for children was approved by the Council of Ministers on 8 August 2012 and published in March 2014. The Committee notes that this list comprises a series of tasks regarded as dangerous and classified according to the sectors in which they may be carried out, including agroforestry, engineering, carpentry, work in Koranic schools, domestic work, transport, tourism and fishing. However, the Committee observes that the minimum age for admission to such work remains unclear. In this regard, the Committee notes the Government’s indication that a draft ministerial order is being drawn up specifying the types of work and categories of enterprises which are prohibited for young persons, and also the minimum age for the application of the prohibition. According to the Government, this order is awaiting the opinion of the Labour and Employment Advisory Council.

The Committee reminds the Government that under Article 3(1) and (3) of the Convention, the minimum age for admission to any type of hazardous employment or work must not be less than 18 years, except for certain types of employment or work which may be carried out from the age of 16 years, on condition that: (1) the employers’ and workers’ organizations concerned have been consulted in advance; (2) the health, safety and morals of the young persons concerned are fully protected; and (3) the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity.The Committee requests that the Government take the necessary steps to ensure that the provisions of Article 3 of the Convention are observed and, in particular, that the minimum age for admission to hazardous types of employment or work is fixed at 18 years, or at 16 years subject to fulfilment of the conditions set out in Article 3(3) of the Convention. The Committee requests the Government to provide information on progress made in this respect.

Article 7. Light work. The Committee previously noted that section 129 of the new Labour Code reiterates that the minimum age for admission to employment or work is 15 years. However, and as indicated by the Government, the third paragraph of section 129 provides that children may perform their first light work, such as work at home or in the fields, provided that such work is not likely to adversely affect their school attendance, participation in vocational training programmes, or physical and mental development. The fourth paragraph of section 129 provides that a ministerial order will establish the types of light work and the categories of enterprises prohibited for young persons and the minimum age for the application of the prohibition.

The Committee notes with regret that there is no information on this matter in the Government’s report. The Committee once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons aged 13 to 15 years in light work, provided that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.The Committee urges the Government to take the necessary steps to ensure that a ministerial order is adopted to fix the minimum age for admission to light work at 13 years, regulate the employment of young persons from 13 to 15 years of age in these types of light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(3) of the Convention. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour was a visible phenomenon in the country, particularly as a result of poverty and of the low school enrolment rate in some cases. In this regard, the Committee noted that the capacity of schools was very limited and that some primary and secondary schools were obliged to refuse to enrol certain children of school age. Consequently, a large number of children, particularly from poor families and disadvantaged backgrounds, were deprived of an education.

The Committee noted the Government’s indication that there had been a positive trend towards gender parity in school, standing at 0.87 at primary level. However, it was less satisfactory at secondary level, where the numbers of girls in school had fallen significantly. According to the Government, particular problems in the educational situation for girls involved late enrolment, a very high repetition rate – around 30 per cent in primary school and 23 per cent in secondary school – and a high drop-out rate, with only 32 per cent of pupils completing primary education.

The Committee notes the Government’s statement in its report that it is taking steps to reduce the disparity in school enrolment rates for girls and boys. The Government indicates that the school mapping system is being revised by the Ministry of Education, in conjunction with the education offices and UNICEF, with a view to boosting educational coverage and ensuring better access to education for children living in rural areas. Moreover, the Committee notes that a UNICEF country programme has been adopted for 2015–19, which aims, among other things, to support the Government’s efforts to enhance children’s right to education. One of the main objectives of the programme is to ensure that all children are enrolled in and complete inclusive, high-quality education, with the focus on equity and achievement.

However, the Committee notes that section 2 of Framework Act No. 94/035/AF of 20 December 1994 provides that schooling is only compulsory from 6 to 12 years of age, which is three years earlier than the minimum age for admission to employment or work, namely 15 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 it desirable to raise the age of completion of compulsory schooling so that it coincides with 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 education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary steps to make education compulsory until the minimum age for admission to employment, namely 15 years. Moreover, the Committee requests that the Government intensify its efforts to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee requests that the Government provide information on the results achieved in this respect.

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

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

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the Government’s information on the measures taken since the adoption and implementation of the National Action Plan to Combat Child Labour (PAN) 2010–15.

The Committee notes that, according to the reports on the ILO–IPEC projects, GAP09 and GAP11, covering the 2010–13 period, a number of activities have been implemented in support of the PAN. The most recent of them include organizing the National Forum against Child Labour in November 2013, which saw the adoption of the Moroni Declaration on the National Forum against Child Labour, solemnly reaffirming the will of the stakeholders to combat child labour, and also marking the World Day against Child Labour in Anjouan in June 2015 (with ILO support). Nevertheless, the Committee notes the Ministry of Employment’s statement that there have been no further specific action by the Government since the end of the GAP11 project in 2013, except for incorporating the updated version of the PAN into the review of the Strategy for Accelerated Growth and Sustainable Development (SCA2D) 2015–19.

The Committee notes the Government’s indication in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), that the success of the implementation of the PAN depends on capacity building for the entities responsible for implementing its component parts, namely the National Committee on Combating Child Labour and its secretariat, and also the ministries and partner organizations concerned. It notes that the Government calls in its report for technical and financial support from partners in order to mobilize funds to implement the PAN effectively. However, the Committee notes that the Government is receiving ILO assistance under the Decent Work Country Programme (DWCP) 2015–19, and also from UNICEF as part of the UNICEF country programme 2015–19. The Committee requests that the Government provide information on all progress made with regard to the ongoing implementation of the PAN to ensure the effective abolition of child labour. It also requests that the Government provide information on the impact of the DWCP, the UNICEF country programme and any other relevant programme as regards the progressive elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code of 1984, the minimum age of 15 years for admission to employment or work applies only to an employment relationship and consequently no minimum age for admission to employment or work is prescribed in respect of children performing an economic activity outside this context, particularly those working on their own account or in the informal sector. It noted in this regard that the Government had submitted a request for technical assistance to gradually train enough labour inspectors to cover the entire country.

The Committee notes that the new Labour Code of 2012 only applies to an employment relationship (section 1) but that under the second paragraph of section 129 of the new Code, a child cannot be employed as a wage earner or work on his/her own account before the age of 15 years. However, no provision protects children who are working in the informal economy. Furthermore, the Committee notes that the Government again reiterates the need to train labour inspectors with a view to a better application of the Convention in all economic sectors. The Committee requests that the Government once again take the necessary steps to provide labour inspectors with such training as to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. The Committee also requests that the Government provide information on progress made in this regard.

Article 3. Hazardous work. In its previous comments, the Committee noted that a new Labour Code was adopted in 2012 through Act No. 12-167, section 131(d) of which prohibits the admission of children under 18 years of age to work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. The Committee also noted the Government’s indication that, within the framework of the PAN, the list of hazardous types of work prohibited for children was approved by the Council of Ministers on 8 August 2012 and published in March 2014.

The Committee notes that this list comprises a series of tasks regarded as dangerous and classified according to the sectors in which they may be carried out, including agroforestry, engineering, carpentry, work in Koranic schools, domestic work, transport, tourism and fishing. However, the Committee observes that the minimum age for admission to such work remains unclear. In this regard, the Committee notes the Government’s indication that a draft ministerial order is being drawn up specifying the types of work and categories of enterprises which are prohibited for young persons, and also the minimum age for the application of the prohibition. According to the Government, this order is awaiting the opinion of the Labour and Employment Advisory Council.

The Committee reminds the Government that under Article 3(1) and (3) of the Convention, the minimum age for admission to any type of hazardous employment or work must not be less than 18 years, except for certain types of employment or work which may be carried out from the age of 16 years, on condition that: (1) the employers’ and workers’ organizations concerned have been consulted in advance; (2) the health, safety and morals of the young persons concerned are fully protected; and (3) the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests that the Government take the necessary steps to ensure that the provisions of Article 3 of the Convention are observed and, in particular, that the minimum age for admission to hazardous types of employment or work is fixed at 18 years, or at 16 years subject to fulfilment of the conditions set out in Article 3(3) of the Convention. The Committee requests the Government to provide information on progress made in this respect.

Article 7. Light work. The Committee previously noted that section 129 of the new Labour Code reiterates that the minimum age for admission to employment or work is 15 years. However, and as indicated by the Government, the third paragraph of section 129 provides that children may perform their first light work, such as work at home or in the fields, provided that such work is not likely to adversely affect their school attendance, participation in vocational training programmes, or physical and mental development. The fourth paragraph of section 129 provides that a ministerial order will establish the types of light work and the categories of enterprises prohibited for young persons and the minimum age for the application of the prohibition.

The Committee notes with regret that there is no information on this matter in the Government’s report. The Committee once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons aged 13 to 15 years in light work, provided that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee urges the Government to take the necessary steps to ensure that a ministerial order is adopted to fix the minimum age for admission to light work at 13 years, regulate the employment of young persons from 13 to 15 years of age in these types of light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(3) of the Convention. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour was a visible phenomenon in the country, particularly as a result of poverty and of the low school enrolment rate in some cases. In this regard, the Committee noted that the capacity of schools was very limited and that some primary and secondary schools were obliged to refuse to enrol certain children of school age. Consequently, a large number of children, particularly from poor families and disadvantaged backgrounds, were deprived of an education.

The Committee noted the Government’s indication that there had been a positive trend towards gender parity in school, standing at 0.87 at primary level. However, it was less satisfactory at secondary level, where the numbers of girls in school had fallen significantly. According to the Government, particular problems in the educational situation for girls involved late enrolment, a very high repetition rate – around 30 per cent in primary school and 23 per cent in secondary school – and a high drop-out rate, with only 32 per cent of pupils completing primary education.

The Committee notes the Government’s statement in its report that it is taking steps to reduce the disparity in school enrolment rates for girls and boys. The Government indicates that the school mapping system is being revised by the Ministry of Education, in conjunction with the education offices and UNICEF, with a view to boosting educational coverage and ensuring better access to education for children living in rural areas. Moreover, the Committee notes that a UNICEF country programme has been adopted for 2015–19, which aims, among other things, to support the Government’s efforts to enhance children’s right to education. One of the main objectives of the programme is to ensure that all children are enrolled in and complete inclusive, high-quality education, with the focus on equity and achievement.

However, the Committee notes that section 2 of Framework Act No. 94/035/AF of 20 December 1994 provides that schooling is only compulsory from 6 to 12 years of age, which is three years earlier than the minimum age for admission to employment or work, namely 15 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 it desirable to raise the age of completion of compulsory schooling so that it coincides with 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 education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary steps to make education compulsory until the minimum age for admission to employment, namely 15 years. Moreover, the Committee requests that the Government intensify its efforts to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee requests that the Government provide information on the results achieved in this respect.

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

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

CMNT_TITLE

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the Government’s information on the measures taken since the adoption and implementation of the National Action Plan to Combat Child Labour (PAN) 2010–15.

The Committee notes that, according to the reports on the ILO–IPEC projects, GAP09 and GAP11, covering the 2010–13 period, a number of activities have been implemented in support of the PAN. The most recent of them include organizing the National Forum against Child Labour in November 2013, which saw the adoption of the Moroni Declaration on the National Forum against Child Labour, solemnly reaffirming the will of the stakeholders to combat child labour, and also marking the World Day against Child Labour in Anjouan in June 2015 (with ILO support). Nevertheless, the Committee notes the Ministry of Employment’s statement that there have been no further specific action by the Government since the end of the GAP11 project in 2013, except for incorporating the updated version of the PAN into the review of the Strategy for Accelerated Growth and Sustainable Development (SCA2D) 2015–19.

The Committee notes the Government’s indication in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), that the success of the implementation of the PAN depends on capacity building for the entities responsible for implementing its component parts, namely the National Committee on Combating Child Labour and its secretariat, and also the ministries and partner organizations concerned. It notes that the Government calls in its report for technical and financial support from partners in order to mobilize funds to implement the PAN effectively. However, the Committee notes that the Government is receiving ILO assistance under the Decent Work Country Programme (DWCP) 2015–19, and also from UNICEF as part of the UNICEF country programme 2015–19. The Committee requests that the Government provide information on all progress made with regard to the ongoing implementation of the PAN to ensure the effective abolition of child labour. It also requests that the Government provide information on the impact of the DWCP, the UNICEF country programme and any other relevant programme as regards the progressive elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code of 1984, the minimum age of 15 years for admission to employment or work applies only to an employment relationship and consequently no minimum age for admission to employment or work is prescribed in respect of children performing an economic activity outside this context, particularly those working on their own account or in the informal sector. It noted in this regard that the Government had submitted a request for technical assistance to gradually train enough labour inspectors to cover the entire country.

The Committee notes that the new Labour Code of 2012 only applies to an employment relationship (section 1) but that under the second paragraph of section 129 of the new Code, a child cannot be employed as a wage earner or work on his/her own account before the age of 15 years. However, no provision protects children who are working in the informal economy. Furthermore, the Committee notes that the Government again reiterates the need to train labour inspectors with a view to a better application of the Convention in all economic sectors. The Committee requests that the Government once again take the necessary steps to provide labour inspectors with such training as to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. The Committee also requests that the Government provide information on progress made in this regard.

Article 3. Hazardous work. In its previous comments, the Committee noted that a new Labour Code was adopted in 2012 through Act No. 12-167, section 131(d) of which prohibits the admission of children under 18 years of age to work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. The Committee also noted the Government’s indication that, within the framework of the PAN, the list of hazardous types of work prohibited for children was approved by the Council of Ministers on 8 August 2012 and published in March 2014.

The Committee notes that this list comprises a series of tasks regarded as dangerous and classified according to the sectors in which they may be carried out, including agroforestry, engineering, carpentry, work in Koranic schools, domestic work, transport, tourism and fishing. However, the Committee observes that the minimum age for admission to such work remains unclear. In this regard, the Committee notes the Government’s indication that a draft ministerial order is being drawn up specifying the types of work and categories of enterprises which are prohibited for young persons, and also the minimum age for the application of the prohibition. According to the Government, this order is awaiting the opinion of the Labour and Employment Advisory Council.

The Committee reminds the Government that under Article 3(1) and (3) of the Convention, the minimum age for admission to any type of hazardous employment or work must not be less than 18 years, except for certain types of employment or work which may be carried out from the age of 16 years, on condition that: (1) the employers’ and workers’ organizations concerned have been consulted in advance; (2) the health, safety and morals of the young persons concerned are fully protected; and (3) the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests that the Government take the necessary steps to ensure that the provisions of Article 3 of the Convention are observed and, in particular, that the minimum age for admission to hazardous types of employment or work is fixed at 18 years, or at 16 years subject to fulfilment of the conditions set out in Article 3(3) of the Convention. The Committee requests the Government to provide information on progress made in this respect.

Article 7. Light work. The Committee previously noted that section 129 of the new Labour Code reiterates that the minimum age for admission to employment or work is 15 years. However, and as indicated by the Government, the third paragraph of section 129 provides that children may perform their first light work, such as work at home or in the fields, provided that such work is not likely to adversely affect their school attendance, participation in vocational training programmes, or physical and mental development. The fourth paragraph of section 129 provides that a ministerial order will establish the types of light work and the categories of enterprises prohibited for young persons and the minimum age for the application of the prohibition.

The Committee notes with regret that there is no information on this matter in the Government’s report. The Committee once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons aged 13 to 15 years in light work, provided that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee urges the Government to take the necessary steps to ensure that a ministerial order is adopted to fix the minimum age for admission to light work at 13 years, regulate the employment of young persons from 13 to 15 years of age in these types of light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

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Article 2(3) of the Convention. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour was a visible phenomenon in the country, particularly as a result of poverty and of the low school enrolment rate in some cases. In this regard, the Committee noted that the capacity of schools was very limited and that some primary and secondary schools were obliged to refuse to enrol certain children of school age. Consequently, a large number of children, particularly from poor families and disadvantaged backgrounds, were deprived of an education.

The Committee noted the Government’s indication that there had been a positive trend towards gender parity in school, standing at 0.87 at primary level. However, it was less satisfactory at secondary level, where the numbers of girls in school had fallen significantly. According to the Government, particular problems in the educational situation for girls involved late enrolment, a very high repetition rate – around 30 per cent in primary school and 23 per cent in secondary school – and a high drop-out rate, with only 32 per cent of pupils completing primary education.

The Committee notes the Government’s statement in its report that it is taking steps to reduce the disparity in school enrolment rates for girls and boys. The Government indicates that the school mapping system is being revised by the Ministry of Education, in conjunction with the education offices and UNICEF, with a view to boosting educational coverage and ensuring better access to education for children living in rural areas. Moreover, the Committee notes that a UNICEF country programme has been adopted for 2015–19, which aims, among other things, to support the Government’s efforts to enhance children’s right to education. One of the main objectives of the programme is to ensure that all children are enrolled in and complete inclusive, high-quality education, with the focus on equity and achievement.

However, the Committee notes that section 2 of Framework Act No. 94/035/AF of 20 December 1994 provides that schooling is only compulsory from 6 to 12 years of age, which is three years earlier than the minimum age for admission to employment or work, namely 15 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 it desirable to raise the age of completion of compulsory schooling so that it coincides with 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 education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary steps to make education compulsory until the minimum age for admission to employment, namely 15 years. Moreover, the Committee requests that the Government intensify its efforts to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee requests that the Government provide information on the results achieved in this respect.

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

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Article 1 of the Convention. National policy. In its previous comments, the Committee noted that the national action plan on combating child labour was in the process of being draw up with technical assistance and support from the ILO. According to the Government, two national consultants have been recruited to that end and the first evaluation workshop for the preparatory work took place in July 2009. The document arising from that evaluation workshop should have been finalized in November 2009.

The Committee notes the Government’s information on the measures taken since the adoption and implementation of the national action plan on combating child labour in September 2010. These measures include a meeting with the Ministry of Labour on the design methods and setting up of the national steering committee to combat the worst forms of child labour; the organization of three workshops to disseminate the national action plan on the three islands (Grande Comore, Anjouan and Mohéli); three training and awareness-raising workshops for trade union leaders on the three islands; and other measures. The Committee requests the Government to continue providing information on the implementation of the national action plan on combating child labour and on the results obtained towards the progressive elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code, the minimum age for admission to employment or work of 15 years applies only to an employment relationship and that, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. It noted in this regard that the Government submitted an application for technical assistance to gradually train enough labour inspectors to cover the entire territory. ILO support has also been sought to train two labour inspectors at the National School of Administration (ENA) of Madagascar.

The Committee notes that the Government once again emphasizes the need to train labour inspectors to ensure a more effective application of the Convention. The Committee requests the Government to take the necessary steps to ensure that the training of its labour inspectors is carried out in a manner that ensures that children who are not bound by an employment relationship, such as those who are self-employed or working in the informal sector, benefit from the protection afforded by the Convention. The Committee also requests the Government to provide information on the progress made in this regard in its next report.

Article 3. Hazardous work. In its previous comments, the Committee noted draft Order No. 5 establishing the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to employment. Draft Order No. 5 was sometimes used to indicate a minimum age of admission to these types of work of between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). However, the Committee noted the Government’s indication that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work had been drawn up. The purpose of this draft was to raise the minimum age from 16 to 18 years.

The Committee notes that a new Labour Code was adopted in 2012 through Act No. 12-167, section 131(d), which prohibits the admission of children under 18 years of age to work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of the child. The Committee also notes the Government’s indication that, within the framework of the national action plan on combating child labour, the list of hazardous work prohibited to children was approved by the Council of Ministers on 8 August 2012 and published in March 2014. Expressing the hope that the list of hazardous work prohibited to children will take account of the provisions of Article 3 of the Convention, the Committee urges the Government to provide a copy of this list.

Article 7. Light work. In so far as a considerable number of children under 15 years of age are working in the country, the Committee previously expressed the hope that the Government would take the necessary steps to regulate the employment of persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes that section 129 of the new Labour Code stipulates that the minimum age for admission to employment is 15 years. However, and as indicated by the Government, section 129(3) provides that “children may perform their first light work, such as work in the home or the fields, provided that such work is not likely to adversely affect their school attendance, participation in occupational training programmes, or physical and mental development”. Section 129(4) provides that a ministerial Order will establish the types of work and the categories of enterprises prohibited to young persons and the minimum age for the application of the prohibition.

The Committee once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons from 13 to 15 years of age in light work, provided in particular that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee urges the Government to take the necessary steps to ensure that a ministerial Order is adopted to fix the minimum age for admission to light work at 13 years, regulate the employment of young persons from 13 to 15 years of age in these types of light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

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Article 2(3) of the Convention. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour was a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate of some children. In this regard, the Committee noted that the capacity of schools was very limited and that certain schools, particularly at the primary and secondary levels, were forced to refuse the enrolment of certain children of school age. Consequently, a large number of children, particularly children from poor families and disadvantaged backgrounds, were deprived of an education. Furthermore, on an organizational level, the country was facing a high demand for education which it was unable to meet due to the clear lack of resources available.

The Committee noted that the Government had adopted an Education for all by 2015 programme (“EFA by 2015” programme) and that a national movement for the education of girls had been launched. It nonetheless noted that, owing to a lack of data, it had been impossible to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except with regard to gender parity in primary education, where the indicators were that Comoros might not achieve the goals by 2015.

The Committee notes however the Government’s indication that efforts are being made to reduce the discrepancy between the enrolment rates of girls and boys and to expand school coverage to improve access to education for children living in rural areas. The Government indicates that gender parity has progressed and stands at 0.87 at primary school level. Gender parity is, however, less satisfactory at secondary school level where there has been a significant fall in the enrolment rate of girls. The Government considers that the problem of girls’ education is inherent in late enrolment, very high numbers of girls who repeat a school year –around 30 per cent in primary school and 23 per cent in secondary school – and a high drop-out rate, with only 32 per cent of pupils completing primary school.

The Committee notes however that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 8 November 2012, noted with concern that 55 per cent of the total children between 6 and 14 years of age who were out of school were girls and that there were no alternative ways to accommodate these girls in the education system. It was further concerned about the gender disparity in primary and secondary school and about the alarming and persistent drop-out rates of girls in secondary school (CEDAW/C/COM/CO/1–4, paragraph 29). The Committee therefore expresses its concern at the high rates of school repetition and drop-out, and at the gender disparity in school attendance in Comoros. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to strengthen measures to this end and, in particular, to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to continue to provide information on the results achieved, as well as on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group and relating to the nature, extent and trends in the employment of children and young persons working below the minimum age specified by the Government at the time of ratification of the Convention, and extracts from the reports of the inspection services.

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

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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. In its previous comments, the Committee noted that a national plan to ensure the effective abolition of child labour in the country had been drawn up. The Committee noted the information provided by the Government that the national plan on combating child labour is indeed in the process of being drawn up with technical assistance and support from the ILO. According to the Government, two national consultants have been recruited to that end and the first evaluation workshop for the preparatory work took place in July 2009. The document arising from that evaluation workshop will be finalized in November 2009. The Committee requests the Government to continue to provide information on the establishment and implementation of the national plan to combat child labour. It also requests the Government to provide a copy of the document relating to the first evaluation workshop for the preparatory work held in July 2009, once this document has been finalized.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code, the minimum age for admission to employment or work of 15 years applies only to an employment relationship and that, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee noted the information provided by the Government that it reiterates the need to train labour inspectors to better ensure the application of the Convention. In that regard, it noted that, in its report provided under the Labour Inspection Convention, 1947 (No. 81), the Government indicated that it has submitted a request for the inclusion in the Decent Work Country Programme, currently being prepared, of an application for technical assistance to gradually train enough labour inspectors to cover the entire territory. ILO support has also been sought to train two labour inspectors at the National School of Administration (ENA) of Madagascar. The Committee requests the Government to take steps to ensure that the training of its labour inspectors is carried out in a manner that ensures that children who are not bound by an employment relationship, such as those who are self-employed or working in the informal sector, benefit from the protection afforded by the Convention. The Committee also requests the Government to provide information on the progress made in this regard in its next report.

Article 2(3) and Part V of the report form. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate of some children. It also noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). Furthermore, the Committee noted that the Government has adopted an Education for all by 2015 programme (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, it noted that, according to the Education for all Global Monitoring Report 2008 published by UNESCO entitled “Education for all by 2015: Will we make it?”, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except with regard to gender parity in primary education, where the indicators are that Comoros may not achieve the goals by 2015.

The Committee noted that, according to the preparation document on the report under Convention No. 138 provided by the Government (the “preparation document”), the number of pupils at the primary level remained virtually the same between 2003 and 2007, increasing from 104,274 to 104,418 pupils enrolled, while the number of pupils in the first and second cycles of secondary school increased during that same period, rising overall from 37,651 in 2003 to 41,118 pupils in 2007, representing an increase of 2.2 per cent per year. The preparation document also indicated that the net enrolment rate at the primary level increased from 73 per cent in 2007 to 76 per cent in 2008. However, the Committee noted that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/ comoros_statistics.html) for 2000–07, the net school attendance rate at the primary level is only 31 per cent, for both girls and boys, while the rate at secondary level is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information provided by the Government in the preparation document that the capacity of schools is very limited and that certain schools, particularly at the primary and secondary levels, are forced to refuse the enrolment of certain children of school age. Consequently, a large number of children, particularly children from poor families and disadvantaged backgrounds, are deprived of an education. Furthermore, the preparation document stresses the inefficiency of the school system due to the poor distribution of teachers and the ineffective use of existing human resources. The education system also suffers from the lack of motivation among education trainers, the lack of training time and the limited access to school manuals, all of which are factors which partly explain its poor results. Furthermore, on an organizational level, the country is facing a high demand for education which it is unable to meet due to the clear lack of resources available.

The Committee noted the information contained in the preparation document that the Government undertakes to redouble its efforts to achieve the goals of the “EFA by 2015” programme, in particular by striving to achieve free, compulsory, and high-quality universal education at the primary level, eliminate all forms of inequality in schooling at the primary and secondary levels, including strengthening the education of girls, and improving the access to, and quality of, secondary education and diversify the education offered so as to give all young persons the same opportunities to succeed. However, the Committee once again expressed its concern at the low school attendance rate at both primary and secondary levels. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the country’s education system. The Committee therefore requests the Government to take steps to that end and, in particular, to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to continue to provide information on the results achieved, as well as on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group and relating to the nature, extent and trends in the employment 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.

Article 3. Hazardous work. In its previous comments, the Committee noted draft Order No. 5 establishing the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to employment (draft Order No. 5) and observed that the term “child” used in this draft Order is not defined and is sometimes used to indicate an age between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). However, the Committee noted the Government’s indication that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work has been drawn up. The purpose of this draft is to raise the minimum age from 16 to 18 years. The Committee reminded the Government that, under Article 3(1) of the Convention, the minimum age for admission to hazardous work, namely any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also recalled that, under Article 3(2) of the Convention, types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers.

The Committee noted the information provided by the Government that there have been no developments to date with regard to the adoption of the draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work. The Government indicated that, to remedy the situation, the text of this draft regulatory act will be revised and copies will be sent to the organizations of employers and workers so that it can be adopted as soon as possible. The Committee hopes that the draft regulatory act concerned will take into account the provisions of Article 3 of the Convention. It requests the Government to take steps to ensure that the draft regulatory act is adopted in the near future and to provide a copy as soon as it has been adopted.

Article 7. Light work. The Committee noted the information provided by the Government that there is no policy or law permitting the employment of persons aged between 13 and 15 years in light work. However, it notes that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/ comoros_statistics.html) for 1999–2007, 27 per cent of children aged between five and 14 years are engaged in work, at a ratio of 26 per cent for boys and 28 per cent for girls. In this regard, the Committee therefore once again reminded the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons from 13 to 15 years of age in light work, provided in particular that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. In so far as a considerable number of children under 15 years of age are working in the country, the Committee hopes that the Government will take the necessary steps to regulate the employment of persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

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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. In its previous comments, the Committee noted that a national plan to ensure the effective abolition of child labour in the country had been drawn up. The Committee noted the information provided by the Government that the national plan on combating child labour is indeed in the process of being drawn up with technical assistance and support from the ILO. According to the Government, two national consultants have been recruited to that end and the first evaluation workshop for the preparatory work took place in July 2009. The document arising from that evaluation workshop will be finalized in November 2009. The Committee requests the Government to continue to provide information on the establishment and implementation of the national plan to combat child labour. It also requests the Government to provide a copy of the document relating to the first evaluation workshop for the preparatory work held in July 2009, once this document has been finalized.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code, the minimum age for admission to employment or work of 15 years applies only to an employment relationship and that, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee noted the information provided by the Government that it reiterates the need to train labour inspectors to better ensure the application of the Convention. In that regard, it noted that, in its report provided under the Labour Inspection Convention, 1947 (No. 81), the Government indicated that it has submitted a request for the inclusion in the Decent Work Country Programme, currently being prepared, of an application for technical assistance to gradually train enough labour inspectors to cover the entire territory. ILO support has also been sought to train two labour inspectors at the National School of Administration (ENA) of Madagascar. The Committee requests the Government to take steps to ensure that the training of its labour inspectors is carried out in a manner that ensures that children who are not bound by an employment relationship, such as those who are self-employed or working in the informal sector, benefit from the protection afforded by the Convention. The Committee also requests the Government to provide information on the progress made in this regard in its next report.

Article 2(3) and Part V of the report form. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate of some children. It also noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). Furthermore, the Committee noted that the Government has adopted an Education for all by 2015 programme (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, it noted that, according to the Education for all Global Monitoring Report 2008 published by UNESCO entitled “Education for all by 2015: Will we make it?”, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except with regard to gender parity in primary education, where the indicators are that Comoros may not achieve the goals by 2015.

The Committee noted that, according to the preparation document on the report under Convention No. 138 provided by the Government (the “preparation document”), the number of pupils at the primary level remained virtually the same between 2003 and 2007, increasing from 104,274 to 104,418 pupils enrolled, while the number of pupils in the first and second cycles of secondary school increased during that same period, rising overall from 37,651 in 2003 to 41,118 pupils in 2007, representing an increase of 2.2 per cent per year. The preparation document also indicated that the net enrolment rate at the primary level increased from 73 per cent in 2007 to 76 per cent in 2008. However, the Committee noted that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/ comoros_statistics.html) for 2000–07, the net school attendance rate at the primary level is only 31 per cent, for both girls and boys, while the rate at secondary level is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information provided by the Government in the preparation document that the capacity of schools is very limited and that certain schools, particularly at the primary and secondary levels, are forced to refuse the enrolment of certain children of school age. Consequently, a large number of children, particularly children from poor families and disadvantaged backgrounds, are deprived of an education. Furthermore, the preparation document stresses the inefficiency of the school system due to the poor distribution of teachers and the ineffective use of existing human resources. The education system also suffers from the lack of motivation among education trainers, the lack of training time and the limited access to school manuals, all of which are factors which partly explain its poor results. Furthermore, on an organizational level, the country is facing a high demand for education which it is unable to meet due to the clear lack of resources available.

The Committee noted the information contained in the preparation document that the Government undertakes to redouble its efforts to achieve the goals of the “EFA by 2015” programme, in particular by striving to achieve free, compulsory, and high-quality universal education at the primary level, eliminate all forms of inequality in schooling at the primary and secondary levels, including strengthening the education of girls, and improving the access to, and quality of, secondary education and diversify the education offered so as to give all young persons the same opportunities to succeed. However, the Committee once again expressed its concern at the low school attendance rate at both primary and secondary levels. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the country’s education system. The Committee therefore requests the Government to take steps to that end and, in particular, to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to continue to provide information on the results achieved, as well as on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group and relating to the nature, extent and trends in the employment 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.

Article 3. Hazardous work. In its previous comments, the Committee noted draft Order No. 5 establishing the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to employment (draft Order No. 5) and observed that the term “child” used in this draft Order is not defined and is sometimes used to indicate an age between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). However, the Committee noted the Government’s indication that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work has been drawn up. The purpose of this draft is to raise the minimum age from 16 to 18 years. The Committee reminded the Government that, under Article 3(1) of the Convention, the minimum age for admission to hazardous work, namely any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also recalled that, under Article 3(2) of the Convention, types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers.

The Committee noted the information provided by the Government that there have been no developments to date with regard to the adoption of the draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work. The Government indicated that, to remedy the situation, the text of this draft regulatory act will be revised and copies will be sent to the organizations of employers and workers so that it can be adopted as soon as possible. The Committee hopes that the draft regulatory act concerned will take into account the provisions of Article 3 of the Convention. It requests the Government to take steps to ensure that the draft regulatory act is adopted in the near future and to provide a copy as soon as it has been adopted.

Article 7. Light work. The Committee noted the information provided by the Government that there is no policy or law permitting the employment of persons aged between 13 and 15 years in light work. However, it notes that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/ comoros_statistics.html) for 1999–2007, 27 per cent of children aged between five and 14 years are engaged in work, at a ratio of 26 per cent for boys and 28 per cent for girls. In this regard, the Committee therefore once again reminded the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons from 13 to 15 years of age in light work, provided in particular that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. In so far as a considerable number of children under 15 years of age are working in the country, the Committee hopes that the Government will take the necessary steps to regulate the employment of persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

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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. In its previous comments, the Committee noted that a national plan to ensure the effective abolition of child labour in the country had been drawn up. The Committee noted the information provided by the Government that the national plan on combating child labour is indeed in the process of being drawn up with technical assistance and support from the ILO. According to the Government, two national consultants have been recruited to that end and the first evaluation workshop for the preparatory work took place in July 2009. The document arising from that evaluation workshop will be finalized in November 2009. The Committee requests the Government to continue to provide information on the establishment and implementation of the national plan to combat child labour. It also requests the Government to provide a copy of the document relating to the first evaluation workshop for the preparatory work held in July 2009, once this document has been finalized.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code, the minimum age for admission to employment or work of 15 years applies only to an employment relationship and that, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee noted the information provided by the Government that it reiterates the need to train labour inspectors to better ensure the application of the Convention. In that regard, it noted that, in its report provided under the Labour Inspection Convention, 1947 (No. 81), the Government indicated that it has submitted a request for the inclusion in the Decent Work Country Programme, currently being prepared, of an application for technical assistance to gradually train enough labour inspectors to cover the entire territory. ILO support has also been sought to train two labour inspectors at the National School of Administration (ENA) of Madagascar. The Committee requests the Government to take steps to ensure that the training of its labour inspectors is carried out in a manner that ensures that children who are not bound by an employment relationship, such as those who are self-employed or working in the informal sector, benefit from the protection afforded by the Convention. The Committee also requests the Government to provide information on the progress made in this regard in its next report.

Article 2(3) and Part V of the report form. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate of some children. It also noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). Furthermore, the Committee noted that the Government has adopted an Education for all by 2015 programme (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, it noted that, according to the Education for all Global Monitoring Report 2008 published by UNESCO entitled “Education for all by 2015: Will we make it?”, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except with regard to gender parity in primary education, where the indicators are that Comoros may not achieve the goals by 2015.

The Committee noted that, according to the preparation document on the report under Convention No. 138 provided by the Government (the “preparation document”), the number of pupils at the primary level remained virtually the same between 2003 and 2007, increasing from 104,274 to 104,418 pupils enrolled, while the number of pupils in the first and second cycles of secondary school increased during that same period, rising overall from 37,651 in 2003 to 41,118 pupils in 2007, representing an increase of 2.2 per cent per year. The preparation document also indicated that the net enrolment rate at the primary level increased from 73 per cent in 2007 to 76 per cent in 2008. However, the Committee noted that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/ comoros_statistics.html) for 2000–07, the net school attendance rate at the primary level is only 31 per cent, for both girls and boys, while the rate at secondary level is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information provided by the Government in the preparation document that the capacity of schools is very limited and that certain schools, particularly at the primary and secondary levels, are forced to refuse the enrolment of certain children of school age. Consequently, a large number of children, particularly children from poor families and disadvantaged backgrounds, are deprived of an education. Furthermore, the preparation document stresses the inefficiency of the school system due to the poor distribution of teachers and the ineffective use of existing human resources. The education system also suffers from the lack of motivation among education trainers, the lack of training time and the limited access to school manuals, all of which are factors which partly explain its poor results. Furthermore, on an organizational level, the country is facing a high demand for education which it is unable to meet due to the clear lack of resources available.

The Committee noted the information contained in the preparation document that the Government undertakes to redouble its efforts to achieve the goals of the “EFA by 2015” programme, in particular by striving to achieve free, compulsory, and high-quality universal education at the primary level, eliminate all forms of inequality in schooling at the primary and secondary levels, including strengthening the education of girls, and improving the access to, and quality of, secondary education and diversify the education offered so as to give all young persons the same opportunities to succeed. However, the Committee once again expressed its concern at the low school attendance rate at both primary and secondary levels. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the country’s education system. The Committee therefore requests the Government to take steps to that end and, in particular, to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to continue to provide information on the results achieved, as well as on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group and relating to the nature, extent and trends in the employment 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.

Article 3. Hazardous work. In its previous comments, the Committee noted draft Order No. 5 establishing the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to employment (draft Order No. 5) and observed that the term “child” used in this draft Order is not defined and is sometimes used to indicate an age between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). However, the Committee noted the Government’s indication that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work has been drawn up. The purpose of this draft is to raise the minimum age from 16 to 18 years. The Committee reminded the Government that, under Article 3(1) of the Convention, the minimum age for admission to hazardous work, namely any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also recalled that, under Article 3(2) of the Convention, types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers.

The Committee noted the information provided by the Government that there have been no developments to date with regard to the adoption of the draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work. The Government indicated that, to remedy the situation, the text of this draft regulatory act will be revised and copies will be sent to the organizations of employers and workers so that it can be adopted as soon as possible. The Committee hopes that the draft regulatory act concerned will take into account the provisions of Article 3 of the Convention. It requests the Government to take steps to ensure that the draft regulatory act is adopted in the near future and to provide a copy as soon as it has been adopted.

Article 7. Light work. The Committee noted the information provided by the Government that there is no policy or law permitting the employment of persons aged between 13 and 15 years in light work. However, it notes that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/ comoros_statistics.html) for 1999–2007, 27 per cent of children aged between five and 14 years are engaged in work, at a ratio of 26 per cent for boys and 28 per cent for girls. In this regard, the Committee therefore once again reminded the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons from 13 to 15 years of age in light work, provided in particular that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. In so far as a considerable number of children under 15 years of age are working in the country, the Committee hopes that the Government will take the necessary steps to regulate the employment of persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Article 9(3). Registers. The Committee noted that, under section 187 of the Labour Code, employers shall continuously keep an up to date “employers’ register” in the workplace, based on the model which shall be established by order of the Minister of Labour following the advice of the Higher Labour and Employment Council. This register shall consist of three parts and shall include, in particular, the information concerning the persons and the contracts of all workers employed in the enterprise and all information concerning the work carried out, salary, leave and bonuses. Section 187 of the Labour Code also provides that the employers’ register shall be kept at the disposal of the labour inspectorate.

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The Committee notes 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:

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that a national plan to ensure the effective abolition of child labour in the country had been drawn up. The Committee noted the information provided by the Government that the national plan on combating child labour is indeed in the process of being drawn up with technical assistance and support from the ILO. According to the Government, two national consultants have been recruited to that end and the first evaluation workshop for the preparatory work took place in July 2009. The document arising from that evaluation workshop will be finalized in November 2009. The Committee requests the Government to continue to provide information on the establishment and implementation of the national plan to combat child labour. It also requests the Government to provide a copy of the document relating to the first evaluation workshop for the preparatory work held in July 2009, once this document has been finalized.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code, the minimum age for admission to employment or work of 15 years applies only to an employment relationship and that, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee noted the information provided by the Government that it reiterates the need to train labour inspectors to better ensure the application of the Convention. In that regard, it noted that, in its report provided under the Labour Inspection Convention, 1947 (No. 81), the Government indicated that it has submitted a request for the inclusion in the Decent Work Country Programme, currently being prepared, of an application for technical assistance to gradually train enough labour inspectors to cover the entire territory. ILO support has also been sought to train two labour inspectors at the National School of Administration (ENA) of Madagascar. The Committee requests the Government to take steps to ensure that the training of its labour inspectors is carried out in a manner that ensures that children who are not bound by an employment relationship, such as those who are self-employed or working in the informal sector, benefit from the protection afforded by the Convention. The Committee also requests the Government to provide information on the progress made in this regard in its next report.

Article 2(3), and Part V of the report form. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate of some children. It also noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). Furthermore, the Committee noted that the Government has adopted an Education for all by 2015 programme (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, it noted that, according to the Education for all (EFA) global monitoring report 2008 published by UNESCO entitled “Education for all by 2015: Will we make it?”, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except with regard to gender parity in primary education, where the indicators are that Comoros may not achieve the goals by 2015.

The Committee noted that, according to the preparation document on the report under Convention No. 138 provided by the Government (the “preparation document”), the number of pupils at the primary level remained virtually the same between 2003 and 2007, increasing from 104,274 to 104,418 pupils enrolled, while the number of pupils in the first and second cycles of secondary school increased during that same period, rising overall from 37,651 in 2003 to 41,118 pupils in 2007, representing an increase of 2.2 per cent per year. The preparation document also indicated that the net enrolment rate at the primary level increased from 73 per cent in 2007 to 76 per cent in 2008. However, the Committee noted that, according to the information available on the UNICEF web site (http://www.unicef.org/ infobycountry/comoros_statistics.html) for 2000–07, the net school attendance rate at the primary level is only 31 per cent, for both girls and boys, while the rate at secondary level is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information provided by the Government in the preparation document that the capacity of schools is very limited and that certain schools, particularly at the primary and secondary levels, are forced to refuse the enrolment of certain children of school age. Consequently, a large number of children, particularly children from poor families and disadvantaged backgrounds, are deprived of an education. Furthermore, the preparation document stresses the inefficiency of the school system due to the poor distribution of teachers and the ineffective use of existing human resources. The education system also suffers from the lack of motivation among education trainers, the lack of training time and the limited access to school manuals, all of which are factors which partly explain its poor results. Furthermore, on an organizational level, the country is facing a high demand for education which it is unable to meet due to the clear lack of resources available.

The Committee noted the information contained in the preparation document that the Government undertakes to redouble its efforts to achieve the goals of the “EFA by 2015” programme, in particular by striving to achieve free, compulsory, and high-quality universal education at the primary level, eliminate all forms of inequality in schooling at the primary and secondary levels, including strengthening the education of girls, and improving the access to, and quality of, secondary education and diversify the education offered so as to give all young persons the same opportunities to succeed. However, the Committee must once again expressed its concern at the low school attendance rate at both primary and secondary levels. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the country’s education system. The Committee therefore requests the Government to take steps to that end and, in particular, to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to continue to provide information on the results achieved, as well as on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group and relating to the nature, extent and trends in the employment 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.

Article 3. Hazardous work. In its previous comments, the Committee noted draft Order No. 5 establishing the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to employment (draft Order No. 5) and observed that the term “child” used in this draft Order is not defined and is sometimes used to indicate an age between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). However, the Committee noted the Government’s indication that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work has been drawn up. The purpose of this draft is to raise the minimum age from 16 to 18 years. The Committee reminded the Government that, under Article 3(3) paragraph 1, of the Convention, the minimum age for admission to hazardous work, namely any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also recalled that, under Article 3(2) of the Convention, types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers.

The Committee noted the information provided by the Government that there have been no developments to date with regard to the adoption of the draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work. The Government indicated that, to remedy the situation, the text of this draft regulatory act will be revised and copies will be sent to the organizations of employers and workers so that it can be adopted as soon as possible. The Committee hopes that the draft regulatory act concerned will take into account the provisions of Article 3 of the Convention. It requests the Government to take steps to ensure that the draft regulatory act is adopted in the near future and to provide a copy as soon as it has been adopted.

Article 7. Light work. The Committee noted the information provided by the Government that there is no policy or law permitting the employment of persons aged between 13 and 15 years in light work. However, it notes that, according to the information available on the UNICEF web site (http://www.unicef.org/ infobycountry/comoros_statistics.html) for 1999–2007, 27 per cent of children aged between five and 14 years are engaged in work, at a ratio of 26 per cent for boys and 28 per cent for girls. In this regard, the Committee therefore once again reminded the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons from 13 to 15 years of age in light work, provided in particular that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. In so far as a considerable number of children under 15 years of age are working in the country, the Committee hopes that the Government will take the necessary steps to regulate the employment of persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Article 9(3). Registers. The Committee noted that, under section 187 of the Labour Code, employers shall continuously keep an up to date “employers’ register” in the workplace, based on the model which shall be established by order of the Minister of Labour following the advice of the Higher Labour and Employment Council. This register shall consist of three parts and shall include, in particular, the information concerning the persons and the contracts of all workers employed in the enterprise and all information concerning the work carried out, salary, leave and bonuses. Section 187 of the Labour Code also provides that the employers’ register shall be kept at the disposal of the labour inspectorate.

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Article 1 of the Convention. National policy. In its previous comments, the Committee noted that a national plan to ensure the effective abolition of child labour in the country had been drawn up. The Committee notes the information provided by the Government that the national plan on combating child labour is indeed in the process of being drawn up with technical assistance and support from the ILO. According to the Government, two national consultants have been recruited to that end and the first evaluation workshop for the preparatory work took place in July 2009. The document arising from that evaluation workshop will be finalized in November 2009. The Committee requests the Government to continue to provide information on the establishment and implementation of the national plan to combat child labour. It also requests the Government to provide a copy of the document relating to the first evaluation workshop for the preparatory work held in July 2009, once this document has been finalized.

Article 2, paragraph 1. Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code, the minimum age for admission to employment or work of 15 years applies only to an employment relationship and that, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee notes the information provided by the Government that it reiterates the need to train labour inspectors to better ensure the application of the Convention. In that regard, it notes that, in its report provided under the Labour Inspection Convention, 1947 (No. 81), the Government indicated that it has submitted a request for the inclusion in the Decent Work Country Programme, currently being prepared, of an application for technical assistance to gradually train enough labour inspectors to cover the entire territory. ILO support has also been sought to train two labour inspectors at the National School of Administration (ENA) of Madagascar. The Committee requests the Government to take steps to ensure that the training of its labour inspectors is carried out in a manner that ensures that children who are not bound by an employment relationship, such as those who are self-employed or working in the informal sector, benefit from the protection afforded by the Convention. The Committee also requests the Government to provide information on the progress made in this regard in its next report.

Article 2, paragraph 3, and Part V of the report form. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate of some children. It also noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). Furthermore, the Committee noted that the Government has adopted an Education for all by 2015 programme (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, it noted that, according to the Education for all (EFA) global monitoring report 2008 published by UNESCO entitled “Education for all by 2015: Will we make it?”, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except with regard to gender parity in primary education, where the indicators are that Comoros may not achieve the goals by 2015.

The Committee notes that, according to the preparation document on the report under Convention No. 138 provided by the Government (the “preparation document”), the number of pupils at the primary level remained virtually the same between 2003 and 2007, increasing from 104,274 to 104,418 pupils enrolled, while the number of pupils in the first and second cycles of secondary school increased during that same period, rising overall from 37,651 in 2003 to 41,118 pupils in 2007, representing an increase of 2.2 per cent per year. The preparation document also indicates that the net enrolment rate at the primary level increased from 73 per cent in 2007 to 76 per cent in 2008. However, the Committee notes that, according to the information available on the UNICEF web site (http://www.unicef.org/infobycountry/comoros_statistics.html) for 2000–07, the net school attendance rate at the primary level is only 31 per cent, for both girls and boys, while the rate at secondary level is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee notes the information provided by the Government in the preparation document that the capacity of schools is very limited and that certain schools, particularly at the primary and secondary levels, are forced to refuse the enrolment of certain children of school age. Consequently, a large number of children, particularly children from poor families and disadvantaged backgrounds, are deprived of an education. Furthermore, the preparation document stresses the inefficiency of the school system due to the poor distribution of teachers and the ineffective use of existing human resources. The education system also suffers from the lack of motivation among education trainers, the lack of training time and the limited access to school manuals, all of which are factors which partly explain its poor results. Furthermore, on an organizational level, the country is facing a high demand for education which it is unable to meet due to the clear lack of resources available.

The Committee notes the information contained in the preparation document that the Government undertakes to redouble its efforts to achieve the goals of the “EFA by 2015” programme, in particular by striving to achieve free, compulsory, and high-quality universal education at the primary level, eliminate all forms of inequality in schooling at the primary and secondary levels, including strengthening the education of girls, and improving the access to, and quality of, secondary education and diversify the education offered so as to give all young persons the same opportunities to succeed. However, the Committee must once again express its concern at the low school attendance rate at both primary and secondary levels. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the country’s education system. The Committee therefore requests the Government to take steps to that end and, in particular, to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to continue to provide information on the results achieved, as well as on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group and relating to the nature, extent and trends in the employment 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.

Article 3. Hazardous work. In its previous comments, the Committee noted draft Order No. 5 establishing the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to employment (draft Order No. 5) and observed that the term “child” used in this draft Order is not defined and is sometimes used to indicate an age between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). However, the Committee noted the Government’s indication that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work has been drawn up. The purpose of this draft is to raise the minimum age from 16 to 18 years. The Committee reminded the Government that, under Article 3(3) paragraph 1, of the Convention, the minimum age for admission to hazardous work, namely any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also recalled that, under Article 3(2) of the Convention, types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers.

The Committee notes the information provided by the Government that there have been no developments to date with regard to the adoption of the draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work. The Government indicates that, to remedy the situation, the text of this draft regulatory act will be revised and copies will be sent to the organizations of employers and workers so that it can be adopted as soon as possible. The Committee hopes that the draft regulatory act concerned will take into account the provisions of Article 3 of the Convention. It requests the Government to take steps to ensure that the draft regulatory act is adopted in the near future and to provide a copy as soon as it has been adopted.

Article 7. Light work. The Committee notes the information provided by the Government that there is no policy or law permitting the employment of persons aged between 13 and 15 years in light work. However, it notes that, according to the information available on the UNICEF web site (http://www.unicef.org/infobycountry/comoros_statistics.html) for 1999–2007, 27 per cent of children aged between five and 14 years are engaged in work, at a ratio of 26 per cent for boys and 28 per cent for girls. In this regard, the Committee therefore once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons from 13 to 15 years of age in light work, provided in particular that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. In so far as a considerable number of children under 15 years of age are working in the country, the Committee hopes that the Government will take the necessary steps to regulate the employment of persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Article 8. Artistic performances. In its previous comments, the Committee requested the Government to indicate whether, in practice, children under 15 years of age participate in activities such as artistic performances. The Committee notes the information provided by the Government that the participation of children under 15 years of age in such activities is not typical in the country.

Article 9, paragraph 3. Registers. The Committee notes that, under section 187 of the Labour Code, employers shall continuously keep an up to date “employers’ register” in the workplace, based on the model which shall be established by order of the Minister of Labour following the advice of the Higher Labour and Employment Council. This register shall consist of three parts and shall include, in particular, the information concerning the persons and the contracts of all workers employed in the enterprise and all information concerning the work carried out, salary, leave and bonuses. Section 187 of the Labour Code also provides that the employers’ register shall be kept at the disposal of the labour inspectorate.

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The Committee notes the Government’s first report and notes that it is not a detailed report. The Committee reminds the Government that a first report must contain detailed information on each of the provisions of the Convention and questions covered by the report form. The Committee hopes that the Government’s next report will contain detailed replies with regard to each point referred to in the report form.

Article 1 of the Convention. National policy. The Committee notes that, according to the Government’s information in its annual report sent in 2002 under the follow-up to the Declaration on Fundamental Principles and Rights at Work, a national plan to ensure the effective abolition of child labour in the country has been drawn up. It requests the Government to supply information on the implementation of this national plan, indicating, in particular, whether programmes of action have been adopted and, if so, the results achieved in terms of the progressive abolition of child labour. The Committee also requests the Government to supply a copy of the national plan.

Article 2, paragraph 1. Scope of application. The Committee notes that, under section 123(1) of the Labour Code, children may not be employed in any enterprise, even as apprentices, before the age of 15 years. The Committee notes that this provision shows that the minimum age for admission to employment or work applies only to an employment relationship and, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. It reminds the Government that the Convention applies to all branches of economic activity and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee requests the Government to supply information on the manner in which children who are not bound by an employment relationship, such as those who are self‑employed or working in the informal sector, benefit from the protection afforded by the Convention. In this regard, it requests the Government to consider the possibility of taking measures to adapt and strengthen the labour inspection services in order to ensure this protection.

Article 2, paragraph 3, and Part V of the report form. Compulsory schooling and application of the Convention in practice. The Committee notes that the Committee on the Rights of the Child, in its concluding observations on the country’s initial report in October 2000 (CRC/C/15/Add.141, paragraphs 43 and 44), noted with concern that the school enrolment rate is low; that equal access to education is not ensured; that there is a gender gap with regard to school enrolment; and that the school drop-out rate is high. The Committee on the Rights of the Child also expressed its concern with regard to the increasing number of children who are obliged to work, particularly in the parallel economy, in the agricultural sector and in the family context, and also at the lax application of the law (CRC/C/15/Add.141, paragraphs 48 and 49). In this regard, the Committee notes that, according to the information supplied by the Government in its annual report sent in 2001 under the follow-up to the Declaration on Fundamental Principles and Rights at Work, child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate with respect to some children. Children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent).

The Committee notes that, according to the information available on the web site of the UNESCO International Bureau of Education (IBE) (www.ibe.unesco.org/countries/Comoros.htm), the education system of Comoros is composed of two subsystems, one a traditional Koranic type and the other a modern type. Furthermore, under the terms of Framework Act No. 94/035/AF of 20 December 1994, primary education is compulsory between the ages of 6 and 12 years. Secondary education comprises a compulsory first cycle up to the age of 14, lasting four years (age group: 12–16 years). The Committee notes that, according to the information available on the UNICEF web site (www.unicef.org/infobycountry/comoros_2674.html) for the years 2000–05, the net primary school attendance rate is 31 per cent for both girls and boys, while the secondary school rate is 11 per cent for girls and 10 per cent for boys. The Government adopted a programme of Education for All by 2015 (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, the Committee notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except as regards gender parity in primary education, where the indicators are that Comoros may not achieve the goals by 2015.

According to the above information, the Committee understands that the age of completion of compulsory schooling is 14 years and emphasizes that this age is below the minimum age for admission to employment or work specified by Comoros, which is 15 years. It notes the Government’s statement that a large number of children work from the age of 12 onwards, well before the age of completion of compulsory schooling. The Committee expresses its concern with regard to the low school attendance rate at both primary and secondary levels, and observes that poverty is one of the primary causes of child labour and, combined with a deficient education system, hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the measures taken in the context of the “EFA by 2015” programme to increase the school attendance rate and reduce the school drop-out rate, particularly with respect to girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to supply information on the results achieved and also on the application of the Convention in practice, including, for example, statistical data disaggregated by sex and age group, and with respect to the nature, extent and trends in the employment 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. Finally, the Committee requests the Government to send a copy of Framework Act No. 94/035/AF of 20 December 1994.

Article 3. Hazardous work. The Committee notes that, under section 123(2) of the Labour Code, a ministerial order determines, further to an opinion of the Higher Labour Council, the types of work and categories of enterprises prohibited to young persons and the age limit to which the prohibition applies. In this regard, the Committee notes draft Order No. 5 fixing the types of work and the categories of enterprises prohibited to young persons and the age conditions regarding the admission of children to employment (draft Order No. 5) communicated by the Government in 2005 with its report under Convention No. 33. The Committee observes that the term “child” used in this draft order is not defined and is sometimes used to indicate an age between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). This makes it impossible to identify precisely the minimum age for admission to hazardous work. However, the Committee notes the Government’s statement that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions regarding the admission of children to work has been drawn up. The purpose of this draft will be to raise the minimum age from 16 to 18 years.

The Committee reminds the Government that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous work, namely any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also recalls that, under Article 3, paragraph 2, of the Convention, types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers. Furthermore, under Article 3, paragraph 3, of the Convention, national law may, after consultation of the employers’ and workers’ organizations, authorize the performance of hazardous work by young persons between 16 and 18 years of age on condition that their health, safety and morals are fully protected and they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee hopes that the abovementioned draft legislation will be adopted as soon as possible and hopes that it will take account of the provisions of Article 3 of the Convention. It requests the Government to supply information on all progress made towards this end. Finally, the Committee requests the Government to supply information on consultations with employers’ and workers’ organizations which will take place in the context of the adoption of the draft legislation.

Article 6. Apprenticeships. The Committee notes that section 63 of the Labour Code lays down the formal conditions for apprenticeship contracts. It also notes that Act No. 88-014 on apprenticeships lays down the substantive conditions for apprenticeship contracts, particularly training conditions and procedures. In this regard, section 5 of Act No. 88-014 concerning apprenticeships states that the age for admission to an apprenticeship shall be at least 15 years.

Article 7. Light work. The Committee notes that the Government does not supply any information with regard to the application of this provision of the Convention. It reminds the Government that, under Article 7, paragraph 1, of the Convention, national law may authorize the employment of persons between 13 and 15 years of age in light work, provided that the work is not likely to be harmful to their health or development and 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. It also recalls that, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. In view of the statistics referred to above in connection with Article 2, paragraph 3, the Committee requests the Government to indicate whether it intends to take the necessary measures to allow children to perform light work from the age of 13 years, in conformity with Article 7, paragraph 1, of the Convention; and, if so, to indicate the activities in which the performance of light work may be permitted and provide information on the applicable conditions of work.

Article 8. Artistic performances. The Committee notes that the Government’s report does not contain any information regarding the application of this provision. It reminds the Government that, under Article 8, paragraph 1, of the Convention, permits may be granted in individual cases, by way of exception to the provisions on the minimum age for admission to employment or work and after consultation of the employers’ and workers’ organizations, for such purposes as participation in artistic performances. Under Article 8, paragraph 2, permits so granted shall 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 15 years of age participate in such activities.

Article 9, paragraph 3. Registers. The Committee reminds the Government that under the terms of this provision of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer. Such registers or documents must indicate the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee requests the Government to indicate the provisions of national law which state that the employer must keep a register or other documents and supply a copy of this register or documents.