Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the Government’s indication that it had adopted a national social protection policy and established a division, within the National Employment Directorate, responsible for combating child labour. The Committee nevertheless noted that there was no national policy to abolish child labour. The Committee also observed that, according to the 2014 report entitled “The twin challenges of child labour and educational marginalization in the ECOWAS [Economic Community of West African States] region”, produced under the Understanding Children’s Work (UCW) programme, 35.2 per cent of children aged between 5 and 14 years were working, of whom 33 per cent were in the 5–11 age group and 41.3 per cent in the 12–14 age group. The 2014 UCW report also indicated that 76.2 per cent of working children aged 10–14 years were in agriculture, which is one of the most dangerous sectors and in which they face serious hazards, including the operation of dangerous equipment, exposure to pesticides, heavy loads and excessive physical exertion.

The Committee notes the Government’s indication in its report that the role of the Anti-Child Labour, Dialogue and Social Protection Division (Anti-Child Labour Division) is to participate in the preparation of the legislation and regulations relating to child labour, social dialogue and social protection, and the formulation of action plans for eliminating the worst forms of child labour. The Government emphasizes that the abovementioned Division needs more material and financial resources to be fully effective. The Committee notes that, according to the final report of the Multiple Indicator Cluster Survey (MICS) conducted by the National Institute of Statistics in 2016 and published in July 2017, a total of 40 per cent of children between 5 and 14 years of age are working, of whom 33.8 per cent are in the 5–11 age group and 46.3 per cent are in the 12–14 age group, and that 28 per cent of children between 5 and 14 years of age are working under dangerous conditions (page 257). While noting certain measures taken by the Government to combat child labour, the Committee once again expresses its deep concern at the number of children who are still working below the minimum age of 16 years for admission to work, especially under dangerous conditions. The Committee urges the Government to take the necessary steps without delay to ensure that a national policy for the progressive elimination of child labour is adopted and to provide information on progress made in this respect. The Committee also requests the Government to continue providing information on the impact of other measures taken by the Government towards the abolition of child labour and in particular on the Anti-Child Labour Division.

Article 2(1). Scope of application and labour inspection. The Committee previously noted that, according to the November 2011 National Survey on Child Labour and Trafficking (ENTE), 6 per cent of economically active children between 5 and 17 years of age in Guinea (some 91,940 children) were self employed workers. It noted that the Children’s Code prohibited an employer from allowing a child under the age of 16 years to perform work without having first obtained the consent of the person exercising parental authority (section 412) but that it did not appear to impose a minimum age for admission to employment for children working on their own account. The Government indicated that the resources at the disposal of the labour inspectorate would be strengthened to ensure the effective monitoring of the situation of children working on their own account and children working under dangerous conditions. The Government also referred to certain measures taken to strengthen the labour inspectorate, such as the provision of essential human, material and financial resources to ensure its normal functioning, the establishment of a training programme for new labour inspectors, and the development, with ILO support, of methodological guidelines for labour inspection. In its previous comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted that section 137(7) of the Labour Code of 2014 established penalties for any violation of the provisions of the chapter relating to child labour. In the same comments, the Committee also noted that the United Nations Committee on the Rights of the Child (CRC) reiterated its concern at the large number of working children, particularly in the informal economy, agriculture, fishing and domestic work.

The Committee notes that the Government has not provided any information on the strengthening of the capacities of the labour inspectorate. It notes that the annual statistics for 2016 and 2017 of the Gender, Childhood and Morals Protection Office record only seven and 11 cases of child labour, respectively. The Committee strongly encourages the Government to strengthen the capacities of the labour inspectorate so that it can adequately monitor and detect cases of child labour, particularly involving children working in the informal economy, on their own account, or in hazardous work. The Committee also requests the Government to provide information on the practical implementation of inspections conducted by labour inspectors with regard to child labour, including information on the number of offences reported and extracts from labour inspection reports.

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 was only imposed for primary school, namely 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 was 16 years. The Committee noted that, despite the significant progress achieved in relation to school attendance and equity in education, a considerable number of children who had not yet reached the minimum age for admission to employment still did not attend or had ceased to attend school and that, in parallel, the proportion of economically active children was rising with age. In this regard, the Committee noted that, according to the 2014 UCW report, the attendance gap between working and non-working children is particularly pronounced in Guinea (22 percentage points).

The Committee notes that the Government has not provided any information on this matter. It notes that Act No. 2016/059/AN of 26 October 2016 issuing the Penal Code of the Republic of Guinea establishes the penalty of a fine for persons exercising parental authority who, without good reason, do not oblige their children to attend school (section 956). It notes that the age of completion of compulsory schooling, fixed at 13 years, is not linked to the minimum age of 16 years for admission to work. Referring to the 2012 General Survey on the fundamental Conventions (paragraph 371), the Committee once again observes that if compulsory schooling comes to an end before children are legally entitled to work, a vacuum may arise 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 steps to make education compulsory up to the minimum age for admission to employment, namely 16 years. It also once again requests the Government to provide a copy of the national legislation applicable to education.

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