Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Equatorial Guinea (Ratification: 1985)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Minimum age for admission to employment or work in the informal sector and in family undertakings. The Committee had noted the Government’s indication in its report that the employment or work in informal sector and in small family undertakings should be excluded from the application of the Convention according to Article 5 of the Convention. However, the Committee pointed out that the Convention applies to all kinds of employment or work regardless of the formal nature of the work, unless recourse is made to the flexibility clauses under Articles 4 and 5 to exclude limited categories of workers, or certain branches of economic activity or types of undertakings, respectively. In addition, if these flexibility clauses are to be used, there are procedural requirements, i.e. the excluded categories must be listed in the first report (Article 4, paragraph 2) or in a declaration which must be made at the time of ratification (Article 5, paragraph 2).

The Committee had recalled that when Equatorial Guinea ratified the Convention in 1985 it made no declaration to limit the scope of application by virtue of Article 5 either in its instrument of ratification, or in the declaration attached to it. The Committee also recalled that the Government stated in its first report that no use was made of Article 4 to exclude limited categories of work from its application.

In view of the above facts, the Committee again requests the Government to take measures to ensure that, in accordance with Article 2, paragraph 1, no person under the specified minimum age (14) should be admitted to employment or work in any occupation whatsoever, including self-employment, for instance, and to indicate such measures. Having previously noted the Government’s indication of difficulties in regulating work performed in the informal sector, the Committee once again requests the Government to refer to the general observation it made in 1995 in which the Committee mentioned several possible measures to apply the national policy for the effective abolition of child labour, such as facilities for education and vocational training, and economic and social measures to ensure family living standards.

Article 3. Hazardous work. The Committee had previously noted the Government’s statement in it last report that no dangerous work exists in the country except petrol exploitation in which minors are not allowed to work. It once again asks the Government to indicate the legislative provisions which ensure the prohibition of employment of minors in petrol exploitation (Article 3, paragraphs 1 and 3). The Committee also requests the Government to refer to Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), according to which in determining the types of employment or work to which Article 3 of this Convention applies, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes (including ionising radiations), the lifting of heavy weights and underground work. It further asks the Government to state whether a tripartite consultation was held before deciding that petrol exploitation was the only dangerous work in the country.

Article 6. Apprenticeship. The Committee had noted the Government’s indication that the minimum age for apprenticeship is 13 years. It recalled that, under the Convention, the minimum age for apprenticeship should not be less than 14 years old and it can be allowed only under conditions described in Article 6. The Committee once again requests the Government to supply information on the legislative provision which fixes the minimum age for apprenticeship and on measures taken to raise this minimum age from 13 years old to 14 years old in order to be in conformity with this provision of the Convention.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had noted the Government’s reference to section 20 of the General Labour Act, No. 2/1990 of 4 January regarding the obligation of the employer to submit information on the employees to the labour authority. It recalled that Article 9, paragraph 3, of the Convention requires the keeping of the registers or other documents containing the names and ages or dates of birth of the employees under 18 years of age. The Committee therefore once again requests the Government to indicate measures taken to include such information in the obligation under section 20 of the General Labour Act, and to supply any model document or a sample copy used under this provision.

Part V of the report form. Practical application of the Convention. The Committee once again asks the Government to supply information on the application of the Convention in practice, including, for instance, statistical data on the young workers and the school enrolment rate, extracts from official reports and information on the number and nature of contraventions reported.