Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Minimum Age Convention, 1973 (No. 138) - Guinea (Ratification: 2003)

Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the measures to which the Government refers in its report, including the development and adoption of a national social protection policy, the implementation of a children’s Parliament and the creation, with the National Employment Directorate, of a division responsible for combating child labour.

The Committee nevertheless notes the Government’s indication that no national policy to abolish child labour has yet been developed. Moreover, it notes with deep concern that, according to the estimates contained in the report “The twin challenges of child labour and educational marginalisation in the ECOWAS region”, prepared as part of the Understanding Children’s Work Programme (2014 UCW Report), 35.2 per cent of children between the ages of 5 and 14 years work, or 1,010,729 children in absolute terms, of whom 33 per cent are aged 5 to 11 years and 41.3 per cent are aged 12 to 14 years (the latter figure excludes children engaged in light work) (page 16, table 4). The 2014 UCW Report also indicates that in Guinea, 76.2 per cent of working children aged 10 to 14 years are in the agriculture sector, which is one of the most dangerous sectors and in which they face serious hazards, including the operation of dangerous equipment, pesticide exposure, heavy loads and excessive physical exertion (page 23, paragraph 29 and table 10). Observing once again that a significant number of children work under the minimum age for admission to employment, of 16 years, including in hazardous conditions, the Committee urges the Government to take the necessary steps to ensure the adoption of a national policy to abolish child labour and to provide information on the progress achieved in this regard. It also requests that the Government provide information on the impact of the other measures taken by the Government to abolish child labour, in particular on the division responsible for combating child labour.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that 6 per cent of economically active children aged 5 to 17 years in Guinea, or approximately 91,940 children, were self-employed workers. The Committee noted the Government’s indication that the Children’s Code (Act No. L/2008/011/AN), adopted on 19 August 2008, protects all children, including those who are not bound by an employment relationship. The Committee however observed that section 412 provides that it is prohibited for an employer to allow a child under the age of 16 years to perform work without having first obtained the consent of the person exercising parental authority. The Committee therefore noted that the Children’s Code only appears to impose a minimum age for admission to employment on employers, without addressing situations in which children work on their own account. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated. It requested that the Government provide information on the manner in which children working on their own account benefit from the protection afforded by the Convention.

The Committee notes the Government’s indication that, with the help of partners, the resources at the disposal of the labour inspectorate will be strengthened to ensure the effective monitoring of the situation of children working on their own account. In this regard, the Committee observes that, in its report under the Labour Inspection Convention, 1947 (No. 81), the Government refers to certain measures taken to provide the labour inspection services with the necessary human, material and financial resources that are crucial to ensuring their normal operation, such as the provision of a number of young officials. The Government also indicates that it has established a training programme for new recently recruited labour inspectors and that one of the implementation phases of this programme was held in March 2017 with ILO support. The Government has also developed and adopted, with ILO support, methodological guidelines for labour inspection.

Referring to the General Survey of 2012 on the fundamental Conventions (paragraph 407), the Committee emphasizes the importance of ensuring that the labour inspection system effectively monitors working children in all areas and sectors. The Committee therefore encourages the Government to continue to strengthen the capacities of the labour inspectorate so that it can monitor children working on their own account, and to provide information on the impact of the measures taken to detect such children. It also requests that the Government provide information on the manner in which the inspections conducted by labour inspectors are carried out in practice in order to monitor child labour, including information on the number of violations reported and extracts from the reports of labour inspectors.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s indication that compulsory schooling in Guinea only covers primary education, that is up to the age of 13 years. However, the Committee observed that the minimum age for admission to work specified by Guinea when ratifying the Convention is 16 years. The Committee nevertheless noted that, despite the significant progress achieved in relation to school enrolment and equity in education, a considerable number of children who have not yet reached the minimum age for admission to employment did not attend or had ceased to attend school and that, in parallel, the proportion of economically active children rises with age.

The Committee notes the information provided by the Government in which it reiterates that the age of completion of compulsory schooling is 13 years, but that by extending basic education to lower secondary education (year ten) and thus to all children aged 6 to 16 years, the Government wishes to eliminate child labour through compulsory schooling. The Committee nevertheless notes that, although basic education may now include lower secondary education, the age of completion of compulsory schooling remains 13 years of age.

In this regard, the Committee notes with concern that, according to the 2014 UCW Report, the attendance gap between working and non-working children is particularly pronounced in Guinea (22 percentage points) (paragraph 45). Referring to the General Survey of 2012 on the fundamental Conventions (paragraph 371), the Committee observes that, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures to make education compulsory up to the minimum age for admission to employment, that is, 16 years. It also once again requests that the Government provide a copy of the national legislation on education.

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