Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - Gabon (Ratification: 2010)

Article 2(1) of the Convention. Scope of application and minimum age for admission to employment or work. In its previous comments, the Committee noted that, under section 177 of the Labour Code of Gabon of 1994 as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children may not be employed in any enterprise before the age of 16 years. The Committee also observed that, under the terms of section 1, the Labour Code only governs the employment relationship between workers and employers, and between employers or their representatives and apprentices and trainees placed under their authority. It therefore appears that the Labour Code and the provisions concerning the minimum age for admission to employment or work do not apply to work performed outside a formal employment relationship, as in the case of children working on their own account or those working in the informal economy.

The Committee notes the Government’s indication in its report that the Committee’s comments will be taken into account in the draft revision of the Labour Code. It also notes the Government’s indications that it plans to extend the social coverage of the National Health Insurance and Social Guarantee Fund (CNAMGS) to children working in the informal economy. It notes that, under section 2 of Decree No. 0651/PR/MTEPS of 13 April 2011 establishing individual exceptions to the minimum age for admission to employment in Gabon, individual exceptions to the minimum age for admission to employment, which is fixed at 16 years, can be granted for work taking place in establishments where only family members are employed under the authority of the father, mother or guardian. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not these are governed by a contractual employment relationship, including work in a family enterprise. The Committee expresses the firm hope that the draft amendments to the Labour Code will be adopted in the very near future, so that all children under 16 years of age who engage in economic activities outside a formal employment relationship, particularly children who work in the informal economy, including in a family enterprise, benefit from the protection afforded by the Convention. The Committee requests the Government to provide information on progress made in this respect and to send a copy of the draft amendments to the Labour Code. It also requests the Government to provide information on progress regarding social coverage through the CNAMGS of children working in the informal economy.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of such types of work. The Committee noted previously that, under section 177 of the Labour Code of 1994 as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children under 18 years of age may not be employed in types of work considered to constitute the worst forms of child labour, particularly work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. The Committee also noted that the list of types of work and the categories of enterprises prohibited for young persons, and the age limit to which this prohibition applies, is determined by Decree No. 275 of 5 November 1962, but that the list of hazardous types of work was being revised.

The Committee notes with satisfaction the adoption of Decree No. 0023/PR/MEEDD of 16 January 2013 determining the nature of the worst forms of labour and the categories of enterprises prohibited for children under 18 years of age, pursuant to section 177 of the Labour Code. Section 2 of the Decree prohibits the employment of children under 18 years of age in certain types of work such as: work in abattoirs and tanneries; extraction of minerals, waste, materials and debris in mines and quarries; driving of motor vehicles and mechanical equipment; and work in construction, except for finishing work that does not require the use of scaffolding. The Committee requests the Government to provide information on the application in practice of Decree No. 0023/PR/MEEDD, including the number and nature of infringements detected relating to the performance of hazardous work which is prohibited for children under 18 years of age, and the penalties imposed.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee noted that section 195 of the Labour Code provides that any person who violates the provisions of section 177, concerning the minimum age for admission to employment or work, shall be liable to a fine and/or imprisonment of two to six months. Any person violating section 177(3), concerning hazardous work, shall be liable to a fine and five years’ imprisonment without the possibility of a suspended sentence. Each of these penalties is doubled for repeat offences. The Committee also noted that, under section 235 of the Labour Code, labour inspectors are responsible for reporting violations of the laws and regulations relating to labour, employment, occupational safety and health, and social security. The Committee also noted with concern the Government’s indication that no penalties had yet been imposed in this regard, even though the Committee on the Rights of the Child, in its concluding observations of 2016, had highlighted the large number of children working in sand quarries and gargotes (low-quality restaurants) and on taxis and buses. It further noted, in its comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), that the labour inspectorate had not recorded any offences involving child labour.

The Committee notes the Government’s indication that the labour inspection services do not have the necessary resources to investigate child labour properly but that in 2017, with support from partners including UNICEF, a pilot phase of capacity-building for inspectors was launched, involving training for labour inspectors relating to the exploitation of child labour. The Government explains that the pilot phase of capacity-building for labour inspectors is due to be extended to the whole country to enable effective implementation of the provisions of the Convention. However, the Committee notes that the Government still provides no details of any convictions of offenders under section 177 of the Labour Code. The Committee requests the Government to renew its capacity-building efforts for labour inspectors in order to ensure that the regulations providing for penalties for violations of section 177 of the Labour Code are implemented effectively. In this regard, it requests the Government to report on the results of this capacity-building in terms of the numbers of labour inspectors and of inspections with a focus on child labour, including hazardous work. It also requests the Government to provide information on the application of these penalties in practice, indicating the number and nature of violations reported and penalties imposed and, where possible, to provide extracts from labour inspectors’ reports.

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