All Comments

Article 2(1) of the Convention. Scope of application. The Committee notes the Government’s indication that the new Labour Code, promulgated in July 2022, establishes a number of measures to ensure the protection of children against child labour, including a higher minimum age for admission to work (16 years), a maximum number of working hours and a prohibition on overtime work. The Committee also notes that, under sections 1 and 22 of the Labour Code, this applies to all dependent employment relationships and also to all non-dependent work as regards the minimum wage and occupational hygiene, safety and health. The Committee observes that a number of matters related to child labour, including the minimum age for admission to work, therefore appear to apply only to formal employment relationships and not to children engaged in work that does not involve a binding employment relationship, children working on their own account, or children performing unpaid work or work in the informal economy. The Committee therefore requests the Government to clarify whether the provisions of the new Labour Code governing the work of minors (sections 346–371), except those relating to the minimum wage and occupational safety and health, only apply to formal employment relationships. If so, the Committee requests the Government to take the necessary steps to ensure that children not bound by an employment relationship, such as those working on their own account, performing unpaid work or working in the informal economy, benefit from the protection afforded by the Convention, and to provide information on this matter.

Article 9(1). Penalties. Further to its previous comments, the Committee notes with interest that section 520 of the new Labour Code reinforces the penalties for violations of the provisions on the employment of children and young persons. Under the above-mentioned section, the irregular employment of a minor in breach of sections 346(1), 349(1) and 354(1) of the Code is a violation that incurs a penalty of up to two years’ imprisonment or a “fine of up to 240 days”, and in cases where the minor has not yet reached the minimum age for admission to employment or has not completed compulsory schooling, these penalties are doubled. The Committee welcomes the measures adopted by the Government and requests it to provide information on the application in practice of the penalties established in the Labour Code for violations of the provisions relating to the employment of children and young persons, both girls and boys, including information on the number and type of offences committed, and the penalties imposed. It also requests the Government to clarify whether the “fine of up to 240 days” means days of income, days of wages as an employee, or something else.

Labour inspection. The Committee notes the Government’s indication that between January 2020 and May 2021 the labour inspectorate undertook 146 inspections. In 2020, the inspections resulted in the detection of 37 cases of employment of minors. The Committee also notes the information sent by the Government on strengthening the functioning of the Labour and Social Security Inspectorate-General (IGTSS). The Government indicates, inter alia, that restructuring has taken place at the Ministry of Labour, including the merging of two inspection services into a single structure and redeployment of the staff of other ministry departments to the general inspection services. There are now 31 labour inspectors, including the inspector-general. The Government also indicates that four labour inspectors followed training on international labour standards in June 2019. The Committee requests the Government to continue providing information on the functioning of the IGTSS and the results of inspections, including the number of inspections conducted, the violations detected in relation to child labour, and the penalties imposed.

Article 1 of the Convention and application of the Convention in practice.National policy designed to ensure the effective abolition of child labour. Further to its previous comments, the Committee notes the Government’s indication in its report that the national child protection policy has been drawn up but is still the subject of public consultations. The Government also indicates that, in partnership with UNICEF, it has prepared a labour instrument aimed at abolishing child labour, and this is being finalized.

The Government further indicates that it does not have any information on the effective application of the Convention since child labour is not widespread in the country and that children generally gain practical experience of certain activities or learn occupations within their families. In this regard, the Committee notes with interest that, according to the latest MICS (Multiple Indicator Cluster Surveys) statistics established by Guinea-Bissau with support from UNICEF, the incidence of child labour appears to have decreased from 57 per cent in 2010 to 51.1 per cent in 2014 and 17.2 per cent in 2018–19. The Committee encourages the Government to continue its efforts to eliminate child labour in the country and would appreciate if the Government could provide information on the measures adopted that led to the reduction of child labour from 2010 to 2019.It also requests the Government to take the necessary steps to ensure the adoption in the near future of the national child protection policy and the labour instrument aimed at abolishing child labour, and to provide information on progress made in this respect and on their implementation once they have been adopted. Lastly, the Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including statistics on the employment of children and young persons, extracts from the reports of the inspection services, and information on the number and nature of violations detected involving children and young persons.

Article 2(1) of the Convention. Scope of application. Child domestic workers. The Committee notes the Government’s indication that the latest statistical information available in the report on the situation of domestic workers in Guinea-Bissau, published in June 2020 by the National Association for the Protection of Domestic Workers, indicates that a total of 7,438 domestic workers have been recorded in the country. The Government also indicates that in Guinea-Bissau 35 per cent of children working as domestic employees are 12, 13 or 14 years of age. In this regard, the Government indicates that the new Labour Code, promulgated in July 2022, contains provisions on domestic work, including those concerning the minimum age for admission to such work, which is currently 16 years, and also the terms of domestic work contracts, remuneration arrangements, hours of work and limits on the length of the working day (meal breaks and weekly rest), holidays, and provisions on occupational safety and health (sections 287–300). The Committee therefore urges the Government to take steps to ensure the effective application of the new Labour Code so as to ensure that children under 16 years of age do not engage in domestic work. It requests the Government to provide information on measures taken in this respect and the results achieved, including on the number of cases of children under 16 years of age engaged in domestic work who have been identified, and the penalties imposed for violations.

Article 2(2). Raising the minimum age for admission to employment or work. The Committee notes that section 347 of the new Labour Code, promulgated in July 2022, establishes the minimum age for admission to employment or work as 16 years. However, the Committee observes that at the time of ratification of the Convention, Guinea-Bissau declared 14 years as the minimum age for admission to employment or work. The Committee requests the Government to consider the possibility of notifying the ILO Director-General, by a new declaration within the meaning of Article 2(2) of the Convention, that the minimum age specified at the time of ratification of the Convention has been raised to 16 years.

Article 2(3). Age of completion of compulsory schooling. The Committee once again notes that under sections 12 and 13 of Act No. 4/2011 on education (Education Act), the age of completion of compulsory schooling is 14 years. The Committee notes that, since the new Labour Code prescribes a minimum age for admission to work of 16 years, it appears that the age of completion of compulsory schooling does not coincide with this. The Committee observes that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see 2012 General Survey on the fundamental Conventions, paragraph 371). The Committee therefore encourages the Government to consider raising the age of completion of compulsory schooling so that it coincides with the minimum age for admission to employment or work.

Article 3(1) and (2). Minimum age for admission to hazardous work, and determination of hazardous types of work. Further to its previous comments, the Committee notes that section 355(1) of the new Labour Code provides that work which, by its nature or potential risks or the circumstances in which it is carried out, is likely to jeopardize the physical or psychological development of children under 18 years of age shall be prohibited. The Committee also notes that, under section 355(2), it shall be prohibited for children under 18 years of age to work in theatres, cinemas, nightclubs, discotheques or other similar establishments, or to engage in vending or door-to-door selling of pharmaceutical products, alcoholic beverages or tobacco. However, the Government indicates that no list of hazardous types of work has been drawn up. The Committee requests the Government to take the necessary steps to ensure that the list of hazardous types of work prohibited for children under 18 years of age is drawn up, after consultation of the employers’ and workers’ organizations concerned, and that it is adopted in the near future. The Committee requests the Government to provide information on all progress made in this regard.

Article 6. Apprenticeships. The Committee notes that section 350 of the new Labour Code allows a child under 16 years of age who has not completed compulsory schooling to work if all the following conditions are fulfilled: (i) the child follows education or training which provides compulsory schooling and vocational training; (ii) in the case of a fixed-term employment contract, the length of the contract is not less than the total duration of the training, if the employer is responsible for the training process; (iii) the normal period of work includes a part devoted to training; and (iv) working hours make it possible to participate in education and training programmes. The Committee observes that the above-mentioned section appears to be concerned with cases of apprenticeship within an enterprise but that no minimum age is fixed in this regard. The Committee recalls that under Article 6 of the Convention the minimum age for admission to an apprenticeship is 14 years. The Committee requests the Government to take the necessary steps to ensure that the national legislation fixes the minimum age for entry to an apprenticeship at 14 years, as required by Article 6 of the Convention, and to provide information on progress made in this regard.

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

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

The Committee notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.

Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.

The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.

Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.

Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.

The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.

Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

The Committee notes with 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 initially made in 2012.

Repetition

The Committee notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.

Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.

The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.

Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

The Committee notes with 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 initially made in 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.

Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.

The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.

Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI-GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

The Committee notes with regret 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

The Committee notes the Government’s first report. It also notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea-Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.

Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.

The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.

Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI-GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

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
The Committee notes the Government’s first report. It also notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.
Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea-Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.
Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.
Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.
The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.
Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.
Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.
Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.
Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.
Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI-GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.
Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.
The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

The Committee notes the Government’s first report. It also notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea-Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.

Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.

Article 2(1) and (4). Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified, after consultation with organizations of employers and workers, a minimum age of admission to employment or work of 14 years, in accordance with Article 2(4) of the Convention. It notes that section 146 of the LGT prohibits the employment of children under the age of 14 years.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.

The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee notes that, according to section 20 of the Education Act of 2011, children who have completed their ninth grade (at the age of 15) may continue secondary education from tenth grade to 12th grade or join a vocational training programme. It notes the Government’s information that there are no training centres with children under the age of 14 years. Moreover, the public training centres supported through South–South cooperation of Brazil and the Vocational Training Centre, CIFAP (Cifapbissau-Centro Profissional na Guiné-Bissau) admit only children who have completed their ninth year of school.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.

Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that as per section 154 of the LGT, employers are required to keep a register containing the identification and age of minors employed by them.

Part III of the report form. Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI-GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

Minimum Age Convention, 1973 (No. 138) - Guinea - Bissau (RATIFICATION: 2009)

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