Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

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 a joint report of February 2010 by ILO–IPEC, UNICEF and the World Bank entitled “Understanding children’s work and youth employment in Senegal”, in 2005, the number of children aged between 5 and 14 years who were economically active was estimated at more than 450,000, that is, more than 15 per cent of children in this age group. It noted that this percentage was much higher in rural areas (21 per cent) than in urban areas (5 per cent); 80 per cent worked in agriculture and nearly 22 per cent of children under 15 years of age in urban areas were employed as domestic servants and had an average working week of more than 50 hours. The study also revealed that more than 160,000 young persons between 15 and 17 years of age, that is, nearly 20 per cent of this age group, were compelled to engage in hazardous work.

The Committee notes the information supplied by the Government on the various measures and initiatives taken to combat child labour. It also notes with interest the adoption and launch, in July 2013, of the National Framework Plan for the prevention and elimination of child labour (PCNPETE). Its implementation comprises two phases: (i) a pilot phase (2012–14) focusing on priority actions such as boosting institutional machinery, improving the legal framework, conducting studies on the worst forms of child labour, and the preparation of project files further to which an initial evaluation will be carried out; and (ii) a development phase (2014–16) devoted to the implementation of projects and programmes. The PCNPETE contains five strategic components and provides in particular for: organizing awareness-raising campaigns with regard to the harmful impact of child labour; holding workshops to reinforce capacity for civil society, the social partners and the Government; incorporating action against child labour in sectoral policies and development programmes; conducting a national survey on child labour by 2014; expanding the provision of education and training; and reinforcing and harmonizing the national legal framework.

The Committee further notes that, according to UNICEF information, a National Programme of family assistance bursaries (PNBSF) (2013–17) was launched in 2013 with the objective of providing family assistance bursaries at national level for a total of 250,000 vulnerable families. While duly noting the measures taken by the Government, the Committee strongly encourages it to pursue its efforts to combat child labour, in view of the high number of children who are working without having reached the minimum age for admission to employment and who are exposed to hazardous work. It requests the Government to provide information, in its next report, on the results achieved at the end of the pilot phase of the PCNPETE, and on the projects that have been implemented. It further requests the Government to provide information on progress made with regard to conducting a new national survey on child labour.

Article 2(1). Minimum age for admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows exemptions from the minimum age for admission to employment by order of the Minister for Labour. The Government indicated that a study had been launched to examine the conformity of the national legislation and that, once it had been completed, a second phase would be devoted to amending the legislation in the light of the Convention’s requirements.

The Committee notes that the Government repeats its commitment to reviewing the provisions of the legislation with a view to making the necessary rectifications and bringing it into conformity with the provisions of the Convention. It also notes that the PCNPETE provides for the organization of workshops to prepare preliminary drafts for revision of the minimum age for admission to work and the exemption relating to admission to light work by the end of 2013.

While duly noting the Government’s undertaking to reform the legislation, the Committee points out that it has been raising this issue since 2006. The Committee therefore urges the Government to take the necessary measures to bring its legislation into conformity with the Convention and to only provide for exemptions from the minimum age for admission to employment or work in cases that are strictly authorized by the Convention. It requests the Government to provide information on progress made with regard to the preparation and adoption of preliminary drafts for the revision of the Labour Code, as provided for by the PCNPETE.

Article 2(1) and Part III of the report form. Scope of application and labour inspection. In its previous comments, the Committee noted that, even though the national legislation excludes all forms of self-employment by children, in practice, poverty has facilitated the development of such activities among children (shoeshiners, street vendors), who engage in them illegally. It noted the allegations dated 1 September 2008 from the National Confederation of Workers of Senegal (CNTS) to the effect that even though children working on their own account can be regarded as traders, the minimum age is not respected in the informal economy.

The Committee notes the Government’s indication that dropping out of school and educational wastage are the main causes of child labour in the informal economy. The Government refers to strategic component No. 3 of the PCNPETE, which provides for the implementation of measures to broaden the provision of education and training. Furthermore, the Committee observes that strategic component No. 4 of the PCNPETE, concerning the strengthening and application of the legal framework, also provides for strengthening the capacity and resources of the labour inspectorate by 2014.

With reference to the 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take measures to adapt and strengthen the labour inspection services in order to ensure monitoring of child labour in the informal economy and to ensure that these children are afforded the protection established by the Convention. It requests the Government to supply information in its next report on the measures taken in this regard.

Article 3(3). Admission to hazardous work 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 concerning child labour provides that the minimum age for admission to hazardous work is 18 years. It noted, however, that, according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of hazardous work prohibited for children and young persons (Order No. 3750), boys under the age of 16 years are authorized to carry out the lightest work in underground mines and quarries, such as loading ore, handling and haulage of small wagons within the weight limits set by section 6 of the same Order, and the overseeing or handling of ventilation equipment (section 7). Furthermore, Order No. 3750 allows children aged 16 years to perform the following tasks: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14); the operation of vertical wheels, widgets and pulleys (section 15); operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Committee noted that the Government undertook to amend all the provisions that were not in conformity with the Convention.

The Committee notes the Government’s indication that it has undertaken legislative and regulatory reform in the context of implementation of the PCNPETE with a view to rectifying all inconsistencies between the legislation and the Convention. The Committee observes that the PCNPETE makes provision, among its actions, for the organization of a tripartite workshop for the revision of the provisions of Ministerial Orders Nos 3749–3751 of 6 June 2003 by the end of 2014.

While duly noting the undertaking made by the Government to reform the legislation, the Committee points out that it has been raising this issue since 2006. The Committee therefore urges the Government to take the necessary measures as soon as possible to bring the legislation into conformity with the Convention and ensure that children under 16 years of age cannot be employed in work in underground mines and quarries and that the conditions provided for in Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the work covered by Order No. 3750 of 6 June 2003. It requests the Government to supply information on all progress made in this respect.