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

Minimum Age Convention, 1973 (No. 138) - Gambia (Ratification: 2000)

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:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that the Government has not provided any information with regard to the measures adopted for the effective elimination of child labour. The Committee noted that according to a report entitled, “2009 Findings on the Worst Forms of Child Labour – Gambia” (2009 WFCL Report), available on the site of the United Nations High Commissioner for Refugees, the Government’s Poverty Reduction Strategy Paper identifies child labour as a problem and calls for addressing it by increasing school enrolment, expanding girls’ education, and improving vocational training. The 2009 WFCL Report further states that the Gambia’s National Education Policy (2004–15) seeks to implement these goals as part of its Poverty Reduction Strategy. The Committee requests the Government to provide information on the measures taken or envisaged to achieve the goals on education under Gambia’s National Education Policy, as well as its impact in abolishing child labour.

Article 2(3). Compulsory education. The Committee previously noted article 30(a) of the Constitution which provides for free and compulsory education for children, and section 18 of the Children’s Act which recognizes the right of a child to free and compulsory education and which requires the parents or guardian to ensure attendance of their child in basic education. It also noted the Government’s statement that there is no age of completion of compulsory education. However, it noted the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the duration of compulsory education is nine years. It also noted the Government’s information that measures are being taken to increase the school enrolment rates by way of reducing the cost of education, and frequent sensitization of the public to the benefits of education. In order to decrease school drop-out rates, scholarship programmes for boys and free education for girls have been introduced, and more schools are being established especially in the rural areas. The Committee noted with concern the statistical information provided by the Government in its report under Convention No. 182 which indicate a low enrolment rate (184,339 children) and high drop-out rate of 48 per cent at the primary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to effectively implement compulsory education as stipulated under section 18 of the Children’s Act. It also requests the Government to intensify its efforts to increase school enrolment rates and decrease drop-out rates at the primary level with a view to preventing children under 14 years of age from being engaged in work. It further requests the Government to provide information on the measures taken in this regard, and the results achieved. The Committee finally requests the Government to indicate the legal provision which provide for compulsory education for a period of nine years, and to provide a copy thereof along with its next report.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. Noting the provisions under section 3(2) of the Labour Code which excluded domestic work from its application, the Committee requested the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention in accordance with Article 4(1). The Committee noted the Government’s information that consultations are to be held with tripartite partners on this matter. The Committee requests the Government to provide information on the outcome of the consultations with the employers’ and workers’ organizations in this regard, as well as any changes in law and practice in respect to this excluded category.

Article 5. Limitation of the scope of application of the Convention. The Committee previously noted that the Government had, in its declaration appended to its ratification, indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity which are excluded from the scope of application. It also requests the Government to indicate the progress made towards a wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee previously noted that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted that sections 40–42 of the Labour Code deal with apprenticeship and training and terms of apprenticeship. It noted, however, that the Labour Code does not indicate a minimum age for apprenticeship. The Committee noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9. The Committee requests the Government to indicate the legal provisions which establish the minimum age for apprenticeship at 16, and to provide a copy thereof. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector, in conformity with Article 6 of the Convention.

Article 7. Light work. Noting that the minimum age for engaging a child for light work is 16 years, as per section 43(1) of the Children’s Act, the Committee reminded the Government of the possibility of adopting provisions permitting the employment of persons of at least 12 years of age on light work, in accordance with Article 7(1) and (4) of the Convention. The Committee noted the Government’s information that consultations with relevant stakeholders will take place on this matter. The Committee requests the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age.

Article 9(1). Penalties. Noting the absence of information in the Government’s report the Committee once again requests the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Part III of the report form. Labour inspectorate. Following its previous comments, the Committee noted the Government’s information that the Commissioner, who is responsible for the administration and application of the Labour Code, is responsible for correlating and gathering all labour related information and provides it to the Gambia Bureau of Statistics and other government departments. The Committee requests the Government to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons.

Part V of the report form. Application of the Convention in practice. The Committee noted the absence of information in the Government’s report. The Committee requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Gambia is available, particularly with regard to the number of working children under the minimum age for admission to employment. It requests the Government to provide information on the practical application of the Convention, including, for example, extracts from the reports of inspection services and information on the number and nature of any contraventions reported and penalties applied.