Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Minimum Age Convention, 1973 (No. 138) - Comoros (Ratification: 2004)

The Committee notes 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 1 of the Convention. National policy. In its previous comments, the Committee noted that a national plan to ensure the effective abolition of child labour in the country had been drawn up. The Committee noted the information provided by the Government that the national plan on combating child labour is indeed in the process of being drawn up with technical assistance and support from the ILO. According to the Government, two national consultants have been recruited to that end and the first evaluation workshop for the preparatory work took place in July 2009. The document arising from that evaluation workshop will be finalized in November 2009. The Committee requests the Government to continue to provide information on the establishment and implementation of the national plan to combat child labour. It also requests the Government to provide a copy of the document relating to the first evaluation workshop for the preparatory work held in July 2009, once this document has been finalized.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code, the minimum age for admission to employment or work of 15 years applies only to an employment relationship and that, consequently, no minimum age for admission to employment or work is provided for in respect of children performing an economic activity outside this context, particularly those who are self-employed or working in the informal sector. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers any type of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee noted the information provided by the Government that it reiterates the need to train labour inspectors to better ensure the application of the Convention. In that regard, it noted that, in its report provided under the Labour Inspection Convention, 1947 (No. 81), the Government indicated that it has submitted a request for the inclusion in the Decent Work Country Programme, currently being prepared, of an application for technical assistance to gradually train enough labour inspectors to cover the entire territory. ILO support has also been sought to train two labour inspectors at the National School of Administration (ENA) of Madagascar. The Committee requests the Government to take steps to ensure that the training of its labour inspectors is carried out in a manner that ensures that children who are not bound by an employment relationship, such as those who are self-employed or working in the informal sector, benefit from the protection afforded by the Convention. The Committee also requests the Government to provide information on the progress made in this regard in its next report.

Article 2(3), and Part V of the report form. Compulsory schooling and application of the Convention in practice. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate of some children. It also noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). Furthermore, the Committee noted that the Government has adopted an Education for all by 2015 programme (“EFA by 2015” programme) and a national movement for the education of girls has been launched. However, it noted that, according to the Education for all (EFA) global monitoring report 2008 published by UNESCO entitled “Education for all by 2015: Will we make it?”, it has been impossible, owing to a lack of data, to make projections concerning the achievement of the goals fixed by the “EFA by 2015” programme, except with regard to gender parity in primary education, where the indicators are that Comoros may not achieve the goals by 2015.

The Committee noted that, according to the preparation document on the report under Convention No. 138 provided by the Government (the “preparation document”), the number of pupils at the primary level remained virtually the same between 2003 and 2007, increasing from 104,274 to 104,418 pupils enrolled, while the number of pupils in the first and second cycles of secondary school increased during that same period, rising overall from 37,651 in 2003 to 41,118 pupils in 2007, representing an increase of 2.2 per cent per year. The preparation document also indicated that the net enrolment rate at the primary level increased from 73 per cent in 2007 to 76 per cent in 2008. However, the Committee noted that, according to the information available on the UNICEF web site (http://www.unicef.org/ infobycountry/comoros_statistics.html) for 2000–07, the net school attendance rate at the primary level is only 31 per cent, for both girls and boys, while the rate at secondary level is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information provided by the Government in the preparation document that the capacity of schools is very limited and that certain schools, particularly at the primary and secondary levels, are forced to refuse the enrolment of certain children of school age. Consequently, a large number of children, particularly children from poor families and disadvantaged backgrounds, are deprived of an education. Furthermore, the preparation document stresses the inefficiency of the school system due to the poor distribution of teachers and the ineffective use of existing human resources. The education system also suffers from the lack of motivation among education trainers, the lack of training time and the limited access to school manuals, all of which are factors which partly explain its poor results. Furthermore, on an organizational level, the country is facing a high demand for education which it is unable to meet due to the clear lack of resources available.

The Committee noted the information contained in the preparation document that the Government undertakes to redouble its efforts to achieve the goals of the “EFA by 2015” programme, in particular by striving to achieve free, compulsory, and high-quality universal education at the primary level, eliminate all forms of inequality in schooling at the primary and secondary levels, including strengthening the education of girls, and improving the access to, and quality of, secondary education and diversify the education offered so as to give all young persons the same opportunities to succeed. However, the Committee must once again expressed its concern at the low school attendance rate at both primary and secondary levels. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the country’s education system. The Committee therefore requests the Government to take steps to that end and, in particular, to increase the school attendance rate and reduce the school drop-out rate, especially among girls, in order to prevent children under 15 years of age from working. The Committee also requests the Government to continue to provide information on the results achieved, as well as on the application of the Convention in practice, including, for example, statistics disaggregated by sex and age group and relating to the nature, extent and trends in the employment of children and young persons working below the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services.

Article 3. Hazardous work. In its previous comments, the Committee noted draft Order No. 5 establishing the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to employment (draft Order No. 5) and observed that the term “child” used in this draft Order is not defined and is sometimes used to indicate an age between 15 and 18 years (see sections 5, 9, 10, 12 and 13) or without any age specified (see sections 2–4, 6–9 and 11). However, the Committee noted the Government’s indication that a draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work has been drawn up. The purpose of this draft is to raise the minimum age from 16 to 18 years. The Committee reminded the Government that, under Article 3(3) paragraph 1, of the Convention, the minimum age for admission to hazardous work, namely any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. It also recalled that, under Article 3(2) of the Convention, types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers.

The Committee noted the information provided by the Government that there have been no developments to date with regard to the adoption of the draft regulatory act determining the types of work and the categories of enterprises prohibited to young persons and the age conditions relating to the admission of children to work. The Government indicated that, to remedy the situation, the text of this draft regulatory act will be revised and copies will be sent to the organizations of employers and workers so that it can be adopted as soon as possible. The Committee hopes that the draft regulatory act concerned will take into account the provisions of Article 3 of the Convention. It requests the Government to take steps to ensure that the draft regulatory act is adopted in the near future and to provide a copy as soon as it has been adopted.

Article 7. Light work. The Committee noted the information provided by the Government that there is no policy or law permitting the employment of persons aged between 13 and 15 years in light work. However, it notes that, according to the information available on the UNICEF web site (http://www.unicef.org/ infobycountry/comoros_statistics.html) for 1999–2007, 27 per cent of children aged between five and 14 years are engaged in work, at a ratio of 26 per cent for boys and 28 per cent for girls. In this regard, the Committee therefore once again reminded the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons from 13 to 15 years of age in light work, provided in particular that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. In so far as a considerable number of children under 15 years of age are working in the country, the Committee hopes that the Government will take the necessary steps to regulate the employment of persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. It requests the Government to provide information on any developments in this regard.

Article 9(3). Registers. The Committee noted that, under section 187 of the Labour Code, employers shall continuously keep an up to date “employers’ register” in the workplace, based on the model which shall be established by order of the Minister of Labour following the advice of the Higher Labour and Employment Council. This register shall consist of three parts and shall include, in particular, the information concerning the persons and the contracts of all workers employed in the enterprise and all information concerning the work carried out, salary, leave and bonuses. Section 187 of the Labour Code also provides that the employers’ register shall be kept at the disposal of the labour inspectorate.