Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the observations by the National Confederation of Workers of Senegal (CNTS) set out in a communication of 1 September 2008.

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 had noted with interest that the Government is participating in an
ILO–IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa”, the overall objective of which is to contribute to abolishing child labour. It had also noted with interest that the Government is participating in the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour. It had observed that in the context of these two projects, the Government has adopted a strategy for the implementation of national initiatives to combat child labour through education, vocational training and apprenticeship. Lastly, it had noted that a national child labour survey was carried out in Senegal and that the data collected were being analysed.

The Committee noted the Government’s information that, as a result of the implementation of the abovementioned ILO–IPEC project and the TBP, 6,208 children had been prevented from entering the labour market too early. The Government further indicated that in the context of the ILO–IPEC projects, two action programmes had been implemented and had prevented 6,023 children from working through the provision of education services. The Committee further noted that the Government had sent a number of statistics published in the 2007 analysis report on the national survey of child labour in Senegal carried out in 2005. It noted that of an estimated 3,759,074 children aged from 5 to 17 years, 1,378,724 (36.7 per cent) were involved in some activity or work in Senegal and that in 2005 more than two out of ten (21.4 per cent) children aged from 5 to 9 years had already worked. The Government also stated that boys appeared to be more affected by child labour since 26.4 per cent of boys 5–9 years of age, as opposed to 15.9 per cent for girls, and 51.7 per cent of boys of 10–14 years of age, as compared to 36.2 per cent for girls, are working. The report also showed that, overall, 1,739,571 children were forced to engage in housework, i.e. 46.3 per cent of all children aged from 5 to 17 years. Furthermore, in addition to the housework performed by some children, and regardless of their age or sex, the great majority of child workers were to be found in the agricultural sector (75.4 per cent) followed by the stockbreeding and fisheries sectors (8 per cent), handicrafts and work on looms (4 per cent), domestic and household jobs (3.1 per cent), sales and services to private persons (5.5 per cent), construction and public works (2.5 per cent), other (1.4 per cent). While noting the measures taken by the Government to abolish child labour, the Committee once again expresses concern at the number and percentage of children still working in the various sectors and requests the Government to redouble its efforts to combat child labour. It further asks the Government to continue to send information on the impact of the action programmes currently under way in terms of the numbers of children prevented from entering the labour market too early and the number of children withdrawn from work.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted the Government’s statement that self-employed workers are treated as traders and that children may not be self-employed because their status as minors precludes their entering freely into contracts. It had further noted that although the national legislation excludes all forms of self-employment by children, in practice, poverty has facilitated the development of such activities among children (shoe cleaners, hawkers), who engage in them illegally.

The Committee noted the allegations of 1 September 2008 by the CNTS that even if children working on their own account can be regarded as traders, the minimum age is not well-observed in the informal sector. The CNTS accordingly asked the Government to indicate what policy it intended to apply in order to protect such children, most of whom have had no basic education and are in no kind of training.

In this regard, the Government indicated that, in collaboration with ILO–IPEC, it had carried out a number of activities with a view to withdrawing self-employed children from work. They included:

(a)    taking charge of children working in the handicrafts sector, in refuse scavenging at the Mbeubess dump, and street children;

(b)    giving families access to replacement income and assisting them in developing income-generating activities;

(c)    raising public awareness through surveys, media reports and audiovisual documents, as well as displays, brochures and flyers, in French and the national languages, about child labour;

(d)    improving children’s access to and maintenance in school;

(e)    providing children with basic training and training in skills that afford them better work prospects.

The Committee once again requests the Government to provide information on the impact of the abovementioned measures in terms of the number of children who are not bound by an employment relationship, such as those working on their own account, who have been withdrawn from work.

Minimum age of admission to employment or work. In its previous comments, the Committee had noted that section L.145 of the Labour Code allowed waivers from the minimum age of admission to employment by order of the Minister in charge of labour, taking account of local circumstances and the tasks to be performed. The Committee had reminded the Government that it had specified a minimum age of 15 years upon ratifying the Convention and that the waiver allowed by section L.145 of the Labour Code was inconsistent with this provision of this Convention. The Committee had noted the information from the Government to the effect that it was revising the legislation in order to make the necessary amendments. It had noted that a legislative study had been carried out in the context of the
ILO–IPEC TBP, which identified shortcomings in Senegal’s legislation in relation to the Convention. The findings of the study were submitted to the competent authorities so that they could take the appropriate action. The Committee had also noted that, according to the Government, no orders had been issued granting waivers from the minimum age for admission to employment or work and determining the nature of the light work that may be carried out in a family context.

The Committee noted the information sent by the Government to the effect that the matter was still under study by the competent authorities. The Committee once again urges the Government to take steps to ensure that the competent authorities’ work leads to the amendment of section L.145 of the Labour Code in the near future to bring it into line with the Convention by allowing waivers from the minimum age for admission to employment or work only in the instances set forth in the Convention. It once again requests the Government to provide information on all developments in this respect in its next report.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. In its previous comments, the Committee had noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 on child labour provided for a minimum age of 18 years for admission to hazardous work. It had observed, however, that according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work prohibited for children and young persons (Order No. 3750 of 6 June 2003), certain types of hazardous work could be performed by persons under 16 years of age. For example, section 7 of Order No. 3750 of 6 June 2003 allows work in underground mines, quarries and other mineral extraction plants by male children under 16 years of age. The Committee had also noted that children 16 years of age were allowed to perform the following types of work: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14), operation of vertical wheels, winches and pulleys (section 15), operation of steam valves (section 18), work on mobile platforms (section 20) and the performance of hazardous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Committee had observed that the requirements set forth in Article 3(3) of the Convention appeared not to be fulfilled. It had noted the information supplied by the Government to the effect that in the course of the ongoing amendment of the laws and regulations, all these issues and inconsistencies would be remedied so as to harmonize the Convention and the national legislation. The Committee had also noted that on the matter of children’s safety and health, 13 texts were in the process of adoption under the Labour Code to take account of the situation of children authorized to work.

The Committee noted the Government’s information that the work in underground mines, quarries and other mineral extraction plants which may be done by male children under 16 years of age pursuant to section 7 of Order No. 3750 of 6 June 2003 consists of light work such as the sorting and loading of ore, the handling and haulage of trucks within the weight limits set by section 6 of the same Order, and the overseeing or handling of ventilation equipment. The Government added that permits for young people of 16 years or more for work with circular saws are issued only after an inquiry and may be revoked. Lastly, the Government indicated that the jobs provided for in section 15, 18, 20 and 21 of Order No. 3750 of 6 June 2003 which may be performed by young people of at least 16 years of age, are authorized in full observance of the letter and spirit of the Convention. The Committee noted that, according to the Government, all the other provisions that are inconsistent with the Convention are to be remedied in the context of the legislative revision, which was still ongoing, and account taken of the Committee’s comments.

The Committee reminds the Government that under Article 3(3) of the Convention, hazardous work, such as the tasks provided for in Order No. 3750 of 6 June 2003, may be performed by young persons of over 16 years of age provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee once again requests the Government to take measures to ensure that, as part of the ongoing legislative revision, the minimum age for admission to work underground in mines, quarries and other mineral extraction plants is 16 years both for girls and for boys. It also asks the Government to take the necessary measures to ensure that the conditions set in Article 3(3) of the Convention are fully ensured for young persons aged 16–18 years engaged in the jobs provided for in sections 14, 15, 18, 20 and 21 of Order No. 3750 of 6 June 2003. It requests the Government to provide copies of the 13 texts on occupational safety and health that take account of the situation of children authorized to work, as soon as they are adopted. Lastly, the Committee once again expresses the hope that the legislative revision will be completed in the near future, and asks the Government to provide information on progress made in this regard.

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

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