Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Minimum Age Convention, 1973 (No. 138) - Angola (Ratification: 2001)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that many children below the legal minimum age for admission to employment or work in Angola, mainly on family farms and in the informal economy, where their work is not monitored. It also noted the ILO–IPEC was implementing projects, including the Tackling Child Labour through Education (TACKLE) project, to prevent children from being engaged in child labour.

The Committee observes that the Government’s report does not contain any information, as previously requested by the Committee. The Committee once again requests that the Government redouble its efforts to combat child labour. In this regard, it requests that the Government develop a national policy for the effective elimination of child labour and provide information on the measures taken in this regard. The Committee also requests that the Government provide detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services, and information on the number and nature of violations detected and penalties applied involving children and young persons.

Article 2(1) of the Convention. Scope of application and labour inspection. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) applies only to work performed on the basis of an employment relationship between an employer and a worker, and does not cover children who work in the informal economy or on their own account. In this regard, the Committee noted that the majority of children work in the informal sector. The Committee also noted the Government’s statement that at the provincial level, measures had been taken to supervise the informal sector through monitoring units of the provincial governments. Moreover, measures had been taken to reduce the scope of the informal sector through formalization initiatives, including the opening of professional training schools for young people and mobile vocational training centres, by supporting micro-enterprises and through the provision of micro-credit grants.

The Committee notes the Government’s information in its report that in June 2016, the Government, in collaboration with the labour inspectors and social partners, developed a programme to raise awareness among enterprises, including in the informal economy, on legislation prohibiting child labour and occupational safety and health legislation. In the first phase of this programme, the labour inspectors visited the five provinces of Luanda, Bengo, Bié, Cunene and Huila. The Committee encourages the Government to continue its efforts to protect children under the minimum age for admission to employment or work from child labour, including in the informal economy. In this regard, the Committee also encourages the Government to take measures to adapt and strengthen the labour inspection services and the provincial monitoring units so as to ensure that the protection envisaged by the Convention is provided to children who work on their own account or in the informal economy. It requests that the Government provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to pursue its efforts to reduce the scope of the informal economy, and to provide information on the impact of these measures with regard to working children.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted that Decree No. 58/82, which contained a comprehensive list of hazardous types of work prohibited for children under 18 years of age, was repealed by the General Labour Act of 2000 (Act No. 2/00). The Committee observed that the prohibition of hazardous work for minors in section 284(2) of Act No. 2/00 appeared to encompass only types of work which may harm the morals of children, and did not address types of work which may harm their health or safety.

The Committee notes with satisfaction the adoption of Joint Executive Decree No. 171/10 which contains a list of 57 types of hazardous activities prohibited for children under the age of 18 years. This list includes: work with dangerous chemicals and flammable liquids; manufacturing of asbestos, asphalt, rubber, cement, chlorine, explosives, fireworks and matches; bleaching process; work in welding shops; mirror tinning; meat processing; electricity; extraction of salt; dangerous machineries; electroplating; exposure to lime, lead, varnish, and radioactive substances and radiation; crystal and glass factories; melting, sharpening and polishing of metals and their alloys; quartz, gypsum, lime and stone grinding mills; slaughterhouses; potteries; paper factories; and maritime work. The Committee requests that the Government provide information on the application in practice of Decree No. 171/10, including statistics on the number and nature of violations reported and penalties imposed.

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