Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Minimum Age Convention, 1973 (No. 138) - Comoros (Ratification: 2004)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy. In its previous comments, the Committee noted the Government’s information on the measures taken since the adoption and implementation of the National Action Plan to Combat Child Labour (PAN) 2010–15.

The Committee notes that, according to the reports on the ILO–IPEC projects, GAP09 and GAP11, covering the 2010–13 period, a number of activities have been implemented in support of the PAN. The most recent of them include organizing the National Forum against Child Labour in November 2013, which saw the adoption of the Moroni Declaration on the National Forum against Child Labour, solemnly reaffirming the will of the stakeholders to combat child labour, and also marking the World Day against Child Labour in Anjouan in June 2015 (with ILO support). Nevertheless, the Committee notes the Ministry of Employment’s statement that there have been no further specific action by the Government since the end of the GAP11 project in 2013, except for incorporating the updated version of the PAN into the review of the Strategy for Accelerated Growth and Sustainable Development (SCA2D) 2015–19.

The Committee notes the Government’s indication in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), that the success of the implementation of the PAN depends on capacity building for the entities responsible for implementing its component parts, namely the National Committee on Combating Child Labour and its secretariat, and also the ministries and partner organizations concerned. It notes that the Government calls in its report for technical and financial support from partners in order to mobilize funds to implement the PAN effectively. However, the Committee notes that the Government is receiving ILO assistance under the Decent Work Country Programme (DWCP) 2015–19, and also from UNICEF as part of the UNICEF country programme 2015–19. The Committee requests that the Government provide information on all progress made with regard to the ongoing implementation of the PAN to ensure the effective abolition of child labour. It also requests that the Government provide information on the impact of the DWCP, the UNICEF country programme and any other relevant programme as regards the progressive elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, under section 123(1) of the Labour Code of 1984, the minimum age of 15 years for admission to employment or work applies only to an employment relationship and consequently no minimum age for admission to employment or work is prescribed in respect of children performing an economic activity outside this context, particularly those working on their own account or in the informal sector. It noted in this regard that the Government had submitted a request for technical assistance to gradually train enough labour inspectors to cover the entire country.

The Committee notes that the new Labour Code of 2012 only applies to an employment relationship (section 1) but that under the second paragraph of section 129 of the new Code, a child cannot be employed as a wage earner or work on his/her own account before the age of 15 years. However, no provision protects children who are working in the informal economy. Furthermore, the Committee notes that the Government again reiterates the need to train labour inspectors with a view to a better application of the Convention in all economic sectors. The Committee requests that the Government once again take the necessary steps to provide labour inspectors with such training as to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal economy, benefit from the protection afforded by the Convention. The Committee also requests that the Government provide information on progress made in this regard.

Article 3. Hazardous work. In its previous comments, the Committee noted that a new Labour Code was adopted in 2012 through Act No. 12-167, section 131(d) of which prohibits the admission of children under 18 years of age to work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their health, safety or morals. The Committee also noted the Government’s indication that, within the framework of the PAN, the list of hazardous types of work prohibited for children was approved by the Council of Ministers on 8 August 2012 and published in March 2014.

The Committee notes that this list comprises a series of tasks regarded as dangerous and classified according to the sectors in which they may be carried out, including agroforestry, engineering, carpentry, work in Koranic schools, domestic work, transport, tourism and fishing. However, the Committee observes that the minimum age for admission to such work remains unclear. In this regard, the Committee notes the Government’s indication that a draft ministerial order is being drawn up specifying the types of work and categories of enterprises which are prohibited for young persons, and also the minimum age for the application of the prohibition. According to the Government, this order is awaiting the opinion of the Labour and Employment Advisory Council.

The Committee reminds the Government that under Article 3(1) and (3) of the Convention, the minimum age for admission to any type of hazardous employment or work must not be less than 18 years, except for certain types of employment or work which may be carried out from the age of 16 years, on condition that: (1) the employers’ and workers’ organizations concerned have been consulted in advance; (2) the health, safety and morals of the young persons concerned are fully protected; and (3) the young persons concerned have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests that the Government take the necessary steps to ensure that the provisions of Article 3 of the Convention are observed and, in particular, that the minimum age for admission to hazardous types of employment or work is fixed at 18 years, or at 16 years subject to fulfilment of the conditions set out in Article 3(3) of the Convention. The Committee requests the Government to provide information on progress made in this respect.

Article 7. Light work. The Committee previously noted that section 129 of the new Labour Code reiterates that the minimum age for admission to employment or work is 15 years. However, and as indicated by the Government, the third paragraph of section 129 provides that children may perform their first light work, such as work at home or in the fields, provided that such work is not likely to adversely affect their school attendance, participation in vocational training programmes, or physical and mental development. The fourth paragraph of section 129 provides that a ministerial order will establish the types of light work and the categories of enterprises prohibited for young persons and the minimum age for the application of the prohibition.

The Committee notes with regret that there is no information on this matter in the Government’s report. The Committee once again reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons aged 13 to 15 years in light work, provided that such work is not likely to be harmful to their health or development. Furthermore, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee urges the Government to take the necessary steps to ensure that a ministerial order is adopted to fix the minimum age for admission to light work at 13 years, regulate the employment of young persons from 13 to 15 years of age in these types of light work, determine the activities in which light work may be permitted and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.