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

Minimum Age Convention, 1973 (No. 138) - Central African Republic (Ratification: 2000)

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 a study to identify and classify types of child labour was being carried out in the country and would provide a basis for evaluating the situation and adopting measures to abolish child labour. It also noted the study by the Ministry of the Economy, Planning and International Cooperation of 2003 on the situation of children in the country. According to this study, 5.2 per cent of boys and 5.6 per cent of girls aged from 6 to 9 years are engaged in work. The study also shows that boys work in particular in the private wage sector (boys account for 68.5 per cent of children working in the sector), the para-public wage sector (66.7 per cent), for an employer (72.7 per cent) and as apprentices (60.2 per cent), while the number of girls is greater in own-account work (57 per cent) or as family helps (54 per cent).

The Committee notes the Government’s indication that the study to identify and classify child labour, conducted in collaboration with UNICEF, is still being approved. It once again expresses concern at the situation of young children who work out of personal necessity in the country and requests Government to redouble its efforts to improve the situation of these children. In particular, the Committee requests the Government to take tangible measures to combat child labour, particularly through the adoption of a national policy aimed at the progressive abolition of child labour and the implementation of programmes of action in sectors where child labour is most problematical. The Committee finally requests the Government to provide a copy of the study to identify and classify child labour when it has been approved.

Article 2, paragraph 1. 1. Own-account work. (i) Scope of application. The Committee previously noted that the provisions of Act No. 61/21 of 2 January 1961 issuing the Labour Code (hereinafter the Labour Code) and its implementing decrees do not apply to persons working on their own account. In this respect, it noted the information provided by the Government that the juvenile courts and the Children’s Parliament guarantee the protection envisaged by the Convention in respect of children engaged in an economic activity on their own account. The Committee requested the Government to provide information on the manner in which this protection is ensured. It observes that the Government’s report does not contain any information on this matter. The Committee therefore once again requests the Government to provide information on the manner in which the juvenile courts and the Children’s Parliament ensure the application of the protection envisaged by the Convention in respect of children who work without an employment relationship, in particular when they work on their own account or in the informal economy. In this respect, it would be grateful if the Government would envisage the possibility of adopting measures to adapt and strengthen the labour inspection services so as to secure this protection.

(ii) Family enterprises. The Committee noted previously that, under section 2 of Order No. 006 of 21 May 1986 determining the conditions of employment of young workers, the types of work and categories of enterprises that are prohibited for young persons and the age limit up to which this prohibition applies (hereinafter Order No. 006 of 1986), children under 14 years of age may be employed, even as apprentices, in establishments in which only family members are engaged. It noted the Government’s indication that the preliminary draft text of the Labour Code, approved by the social partners, has taken this issue into account. The Committee notes the Government’s indication that the new Labour Code will soon be adopted by Parliament. While reminding the Government that Convention No. 138 applies to all types of enterprises, including family enterprises, the Committee expresses the firm hope that the new Labour Code will be adopted in the very near future and that it will contain provisions regulating work by children in family enterprises. The Committee requests the Government to provide information on any developments in this respect.

(iii) Domestic work. In its previous comments, the Committee observed that no national legislation explicitly establishes a minimum age for domestic workers. It recalled that Article 2 of the Convention is applicable to domestic work and that the minimum age for admission to this type of work must not be less than 14 years, except for work considered to be light, in accordance with the conditions laid down in Article 7 of the Convention. In this respect, the Government indicated that measures to explicitly establish a minimum age for admission to employment for light domestic work were envisaged in the preliminary draft of the Labour Code. The Committee notes that the Government’s report does not contain any information on this matter. It expresses the firm hope that the new Labour Code will establish the minimum age for admission to domestic work and requests the Government to provide information in this respect.

2. Minimum age for admission to employment or work. The Committee noted that, under section 125 of the Labour Code, children under 14 years of age may not be employed in enterprises, even as apprentices. It also noted that exemptions from this principle may be issued by order of the Minister responsible for labour, taking into account local circumstances and the work which may be required. The Government indicated that cases in which an exemption is issued are rare and that the number of exemptions issued is not available, as most children are used in informal sectors, such as the diamond industry, porterage or diving in search of diamonds. The Committee observed that these types of work are likely to be harmful to the health and development of children. It requested the Government to take the necessary measures to ensure that no person under 14 years of age is admitted to employment or work.

The Committee notes that the Government has not provided any information on this subject. It therefore once again recalls that, under Article 2, paragraph 1, of the Convention, no person under the specified minimum age, namely 14 years for the Central African Republic, may be admitted to employment or work in any occupation, subject to certain provisions of the Convention, including those of Article 7 respecting the types of light work which may be performed by children between the ages of 12 and 14 years. The Committee once again requests the Government to take the necessary measures to ensure that no person under 14 years of age is admitted to employment or work in the Central African Republic. In this respect, it expresses the firm hope that the new Labour Code, which will be adopted in the near future, will contain provisions providing that the only exemptions from the minimum age for admission to employment are for light work.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the age of completion of compulsory schooling is 14 years. It also noted the Government’s indication to the Committee on the Rights of the Child that, pursuant to section 6 of Act No. 97/014 of 10 December 1997 respecting education policy, school attendance is compulsory from 5 to 15 years, and that the texts to be issued under this Act are being prepared. The Committee also notes the adoption of the Plan of Action on Education for All (PNA-EPT) in 2005, the objective of which is to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. It also noted that, according to UNICEF data for 2005, the school attendance rate for primary education was 47 per cent for boys and 39 per cent for girls.

The Committee notes that the Government has not provided any information with regard to education. However, it notes that, according to UNICEF statistics for 2006, the gross school enrolment rate for primary education was 44 per cent for boys and 37 per cent for girls, while the figures for secondary education were 13 per cent for boys and 9 per cent for girls. The Committee also notes that, according to the Education for All (EFA) Global Monitoring Report 2008, published by UNESCO under the title Education for All in 2015: Will we make it?, in view of the lack of data it was impossible to make projections for the achievement of the goals established by the Education for All programme for the Central African Republic for 2015. However, the study indicates that 20 per cent or more of primary school students are repeating their year and that girls repeat years more than boys. The Committee expresses concern at the low rate of school enrolment in both primary and secondary education, and particularly at the disparity between the two sexes, to the detriment of girls, and the fairly high rate of repeating school years, which affects girls in particular. It observes that poverty is one of the primary courses of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to redouble its efforts to improve the functioning of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted in the context of the National Plan of Action for Education for All of 2005 to increase the school enrolment rate and reduce the school drop-out rate, so as to prevent children under 14 years of age from working. The Committee requests the Government to provide information on the results achieved. Finally, the Committee once again asks the Government to provide a copy of Act No. 97/014 of 10 December 1997 on education policy.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous types of work and determination of these types of work. The Committee notes the Government’s indication that the preliminary draft of the Labour Code has taken the comments on hazardous types of work into account and that the list of these types of work will be re-examined, in accordance with scientific and technical progress. The Committee notes the Government’s indication that the new Labour Code, which will soon be adopted by Parliament, takes into account the issue of the minimum age for admission to hazardous types of work and the determination of such types of work. It expresses the firm hope that the new Labour Code will be adopted as soon as possible and that it will contain provisions giving full effect to Article 3, paragraphs 1 and 2, of the Convention, namely that the minimum age for admission to hazardous types of work shall not be lower than 18 years and that a list of these types of work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It requests the Government to provide information on any new developments in this respect.

Article 3, paragraph 3. Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that, under section 7 of Order No. 006 of 1986, young workers over 16 years of age may be engaged in certain types of hazardous work. However, it noted that no special conditions are laid down to protect the health, safety and morals of young persons over 16 years of age carrying out hazardous types of work. The Committee reminded the Government that, under Article 3, paragraph 3, of the Convention, young persons over 16 years of age may be authorized to undertake hazardous types of work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to take the necessary measures to bring the national legislation into conformity with the Convention on this point. In this respect, it hopes that the new Labour Code, which will soon be adopted, will take this issue into account.

Article 6. Apprenticeship. The Committee previously noted the information provided by the Government that the Labour Code that is currently in force does not regulate the basic conditions and effects of apprenticeship contracts, but that the preliminary draft of the Labour Code has introduced substantial changes and that copies of the legislative texts will be provided once the new Code is adopted. Noting the absence of information in the Government’s report, the Committee once again hopes that the legislative texts will be adopted as soon as possible and that the Government’s next report will contain information on this subject.

Article 9, paragraph 1. Penalties. The Committee noted previously that section 225(b) of the Labour Code provides that penalties shall not be incurred where the infringement of section 125 of the Code is the result of a mistake as to the age of the young person committed when establishing the workbook. The Committee requested the Government to indicate how frequently use is made of section 225(b). Noting once again the absence of information in the Government’s report, the Committee once again requests it to provide information in this respect.

Article 9, paragraph 3. Keeping of registers by employers. In its previous comments, the Committee noted that, under the last paragraph of section 171 of the Labour Code, certain enterprises may be exempted from the obligation of keeping a register on account of their situation, their small size or the nature of their activities. The Committee reminded the Government that this provision of the Convention does not allow for such exemptions. Noting the absence of information on this subject in the Government’s report, the Committee once again hopes that the new Labour Code will take this issue into account and that all employers will be required to keep a register indicating the names and ages or dates of birth, duly certified wherever possible, of persons employed by them or working for them and who are under 18 years of age.