Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Senegal (Ratification: 1999)

The Committee notes the Government’s report. It also notes the observations made by the National Confederation of Employers of Senegal (CNES) and the National Confederation of Workers of Senegal (CNTS) concerning certain allegations of failure to apply the Convention, and the Government’s comments in reply to the issues raised by the CNES and the CNTS.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the report on the ILO/IPEC National Programme for the Elimination of the Exploitation of Children at Work in Senegal (1998–2001), children who are usually engaged in production mainly work as family helpers (78 per cent), employed persons (9 per cent), apprentices (6 per cent) and own-account workers (5 per cent). The ILO/IPEC report also indicated that many girls are engaged as domestic workers, of whom a certain number were aged between 6 and 14 years. The Committee requested the Government to continue providing information on the manner in which the Convention was applied in practice.

The Committee notes with interest that the Government is participating in the ILO/IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa”, in which Benin, Burkina Faso, Madagascar, Mali, Morocco, Niger and Togo are also participating. The general objective of this project is to contribute to the abolition of child labour by strengthening the capacities of national partners, raising awareness and social mobilization and direct action to prevent and combat child labour. The Committee also notes with interest that the Government is participating in the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour. It observes that, in the context of the two above projects, the Government has adopted a strategy for the implementation of national initiatives to combat child labour through education, vocational training and apprenticeship. The Committee further notes that in 2004 several regional committees to combat child labour were established in the various regions of the country. Moreover, according to the activity reports for the ILO/IPEC project “Contribution to the abolition of child labour in French-speaking Africa” of 2006, a national survey of child labour was carried out in Senegal and the data collected are currently being analysed. The Committee greatly appreciates the measures taken by the Government to abolish child labour, and it considers these measures as an affirmation of a political will to develop strategies to combat this problem. It therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the implementation of the projects referred to above, and on the results achieved in terms of the progressive abolition of child labour and access to education. The Committee also requests the Government to provide information on the national survey of child labour when the data has been analysed.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee noted that, under the terms of sections L.2 and L.145 of the Labour Code and section 2 of the Order of 6 June 2003 respecting child labour, work carried out by children on their own account is not covered by the protection provided for in the Labour Code and the Orders respecting child labour. It requested the Government to provide information on the manner in which the protection envisaged by the Convention was guaranteed for children exercising an economic activity on their own account. In its report, the Government indicates that children who work on their own account are governed by the provisions of the Code of Civil and Commercial Obligations, as well as those of the OHADA Uniform Act relating to General Commercial Law. Under the terms of the latter, a self-employed worker is assimilated to a trader and no child may be a self-employed worker due to her/his status as a minor who does not have the capacity to enter freely into contracts. According to the Government, although the Senegalese legislation excludes any form of self-employment for children, in practice poverty has facilitated the development of such activities among children (shoe-cleaners, hawkers), who carry them on totally illegally. In this respect, every effort is made to remove children from these activities and give them a healthy occupation. According to the Government, the choice of this strategy, rather than the implementation of measures to protect children who work outside an employment relationship, is more effective in combating child labour. Noting the indications provided by the Government, the Committee requests it to provide information on the measures adopted to remove from work children who are not bound by an employment relationship, such as those working on their own account.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that section L.145 of the Labour Code provides for the possibility of derogating from the minimum age for admission to employment by order of the minister responsible for labour, taking into account local circumstances and the tasks to be performed. The Committee reminded the Government that it had specified a minimum age of 15 years when ratifying the Convention and that the derogation from the minimum age for admission to employment under section L.145 of the Labour Code was not in conformity with this provision of the Convention. It requested the Government to provide information on the measures adopted or envisaged to bring its legislation into conformity with the Convention.

The Committee notes that the CNTS indicates in its comments that a bill should be prepared rapidly to correct the provisions of section L.145 of the Labour Code in relation to the provision that is made for derogation from the minimum age for admission to employment. The Committee also notes the information provided by the Government in its report that it is aware that the derogation from the minimum age for admission to employment set out in section L.145 of the Labour Code is contrary to the provisions of Convention No. 138. It was this which led it to revise the legislation with a view to making the necessary corrections. Accordingly, a legislative study was carried out in the context of the ILO/IPEC TBP, which identified the shortcomings in the Senegalese legislation in relation to the Convention. The conclusions of this study were submitted to the competent authorities so that they could take the relevant measures. However, before any decision is taken in this respect, the Government has established a programme to raise the awareness of parliamentarians and public authorities. The Committee also notes the Government’s indication that no order has been adopted granting a derogation from the minimum age for admission to employment or work and determining the nature of the light work which may be undertaken in the family context. The Committee hopes that the work undertaken by the competent authorities will result in an amendment to section L.145 of the Labour Code in the near future with a view to bringing it into conformity with the Convention by only providing for derogations from the minimum age for admission to employment or work in the cases envisaged by the Convention. It requests the Government to provide information on any new developments in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. With reference to its previous comments, the Committee notes with interest that Act No. 2004-37 of 15 December 2004 amending and supplementing the Framework Act for National Education No. 91-92 of 16 February 1991 added a section 3bis to this latter Act providing that schooling shall be compulsory and free in public educational establishments for all children of both sexes aged between the ages of 6 and 16 years.

Article 3, paragraph 3. Admission to hazardous work as from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 respecting child labour provides for a minimum age of 18 years for admission to types of hazardous work. It however noted that, under the terms of Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the types of hazardous work prohibited for children and young persons [hereinafter, Order No. 3750 of 6 June 2003], certain types of hazardous work could be performed by persons aged under 16 years. For example, under the terms of section 7 of Order No. 3750 of 6 June 2003, work in underground tunnels in mines, open cast mines and quarries was permitted for boys under the age of 16 years. The Committee also noted that it was permitted to employ young persons of 16 years of age on the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspector (section 14), operating vertical wheels, winches and pulleys (section 15), operating steam valves (section 18), work performed on mobile platforms (section 20) and performing hazardous feats in public performances in theatres, cinemas, cafes, circuses or cabarets (section 21). The Committee noted that, on the one hand, the upshot of certain of these provisions is that the minimum age for admission to hazardous types of work is under 16 years of age and, on the other, that the conditions envisaged in Article 3, paragraph 3, of the Convention did not appear to be complied with.

The Committee notes that the CNTS indicates in its comments that, with regard to the admission of young persons under 16 years of age to hazardous types of work, it wishes to be consulted and that it is urgent to implement a specific and appropriate training policy in the branches of activity covered by the Convention. The Committee notes the information communicated by the Government according to which it is aware of the non-conformity of certain provisions of the Order determining the types of hazardous work prohibited for children and young persons with Article 3, paragraph 3, of the Convention. Accordingly, in the context of the current reform of the law and regulations, all these aspects and contradictions will be corrected so as to ensure coherence between the provisions of the Convention and those of the national legislation. The Committee also notes the information provided by the Government that, with regard to the health and safety of children, 13 legal texts are currently being adopted under the Labour Code and take into account the situation of children who are authorized to work. However, according to the Government, there are no specific provisions respecting children since, once they are authorized to work in types of work deemed to be hazardous, they benefit from the same protection as that afforded to adults. Furthermore, the adequate specific instruction in the relevant branch of activity envisaged by the Convention does not currently exist. The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific training in the relevant branch of activity. It hopes that the current legislative reform will take into account the comments made above and requests the Government to consult the organizations of employers and workers. The Committee requests the Government to provide information on any new development in this respect.