Minimum Age Convention, 1973 (No. 138) - Burkina Faso (Ratification: 1999)

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

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments the Committee noted that, according to the last National Survey of Child Labour in Burkina Faso (ENTE), published in 2008, child labour affected 41.1 per cent of children between 5 and 17 years of age a total of 1,658,869 working children. The Committee noted that the National Economic and Social Development Plan 2016–2020 (PNDES) gives priority status to combating child labour and that one of the expected outcomes was to “reduce the proportion of children in the 5–17 age group involved in economic activities from 41 per cent to 25 per cent in 2020.”

The Committee notes the information in the Government’s report on the activities undertaken as part of the PNDES, including the implementation of the road map for the prevention, removal and reintegration of children from small-scale gold mines and quarries (2015–19). The Government also indicates that action has been engaged under the GOVERNANCE (2016–19) project, implemented in the framework of the France-ILO partnership, to strengthen the capacities of the labour inspection in respect of the informal economy. The action includes the elaboration of strategic plans for intervention by the labour inspectorate in general engineering workshops, construction and public works. It also covers the informal economy, and is piloted in four Regional Directorates for Labour and Social Protection. Training is provided for labour inspectors, duplicated across the different regional labour directorates. Finally, the Committee notes that the Government has adopted the National Strategy to Combat the Worst Forms of Child Labour 2019-23 (SN-PFTE). However, the Government indicates that it has no recent statistics on the nature, extent and trends in child labour, but that a nation survey is under way, with the support of the ILO and UNICEF. The Committee encourages the Government to continue to take measures, within the framework of the SN-PFTE or otherwise, to ensure the progressive elimination of child labour, and to provide detailed information on the impact of the measures taken in terms of the number of working children under 15 years of age who have been able to enjoy the protection granted by the Convention, particularly children working in the informal economy. The Committee requests the Government to take the measures necessary to ensure that the national survey on child labour is completed in the near future, so as to be able to provide sufficient updated statistics on the child labour situation, such as recent statistics disaggregated by gender and by age group, relating to the nature, extent and trends of work done by children and young persons who are under the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services.

Article 3(2) and Article 9(1). Hazardous work and penalties. In its previous comments, the Committee noted with concern the large number of children engaged in hazardous types of work in Burkina Faso. It noted that in accordance with section 8 of Decree No. 2016 504/PRES/PM/MFPTPS/MS/MFSNF determining the list of hazardous types of work in Burkina Faso (Decree No. 2016-504) of 9 June 2016, any person committing an offence constituting one of the worst forms of child labour shall be punished according to the terms of section 5 of Act No. 029-2008/AN of 15 May 2008 combating trafficking in persons and similar practices, which provides for imprisonment of 10 to 20 years for offenders. The Committee requested the Government to provide information on the application in practice of Decree No. 2016-504.

The Committee notes the Government’s information, according to which the 88 monitoring exercises carried out in 2019 recorded 1,636 children (434 girls and 1,202 boys) engaged in work on 437 sites (19 gold-mining sites, 409 informal sector structures and nine agricultural undertakings). Violations observed included failure to respect the minimum age for admission to employment; failure to grant paid annual leave or weekly rest; failure to respect the prescribed number of working hours for children. However, the Government indicates that the focus is on raising the awareness of the actors and on the social reintegration of the victims of the worst forms of child labour and that it has no statistics on the number of penalties imposed. The Committee recalls that under Article 9(1), all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. Furthermore, with reference to the General Survey on the fundamental Conventions, 2012, the Committee underlines that even the best legislation only takes value when it is applied effectively (paragraph 410). The Committee therefore requests the Government to take the measures necessary to ensure the implementation and effective application of Decree No. 2016-504 against persons who engage children under 18 years of age in hazardous work, and that appropriate penalties are imposed. It requests the Government to provide information on the measures taken in this regard and on the number of convictions handed down and penalties imposed for violations.

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

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee noted that, according to the last National Survey of Child Labour in Burkina Faso (ENTE) published in 2008, child labour affected 41.1 per cent of children between 5 and 17 years of age in Burkina Faso, a total of 1,658,869 working children. Nearly 30 per cent of children between 5 and 9 years of age and 47.6 per cent of children between 10 and 14 years of age worked in various economic sectors. In this regard, the Committee noted that most children worked in agriculture and livestock farming, and those in the most at-risk groups were employed as apprentices in the informal economy in small-scale gold mines, and girls in particular were employed as domestic workers, vendors or apprentices. The Committee noted that on 15 February 2012 the Government adopted the National Action Plan against the Worst Forms of Child Labour in Burkina Faso 2011–15 (PAN/PFTE), drawn up in cooperation with ILO–IPEC, with the general objective of reducing the incidence of child labour by 2015.

The Committee notes the Government’s indications in its report that, as part of the implementation of the PAN/PFTE, a total of 126 inspections were conducted in 2013 in relation to child labour, of which 104 were in small-scale gold mines, ten in agriculture and 12 in the informal economy. Through these inspections, a total of 1,411 children were found to be working, including 1,195 in small-scale gold mining and 215 in the informal economy (carpentry, engineering, tailoring, small-scale trading, etc.). The Government also indicates that in 2013 a total of 50 capacity-building sessions were organized for parties involved in combating child labour; 107 awareness-raising meetings were held providing outreach to some 30,000 persons; and the PAN/PFTE National Coordinating Committee (CNC) was established. The Government also indicates that it has undertaken a number of capacity-building actions for the labour inspectorate relating to the inspection of child labour, including the formulation and validation of a module on child labour for incorporation in the training given to labour inspectors and supervisors, and also the establishment of a training plan for labour inspectors covering various fields, including action against child labour.

The Committee notes that the PAN/PFTE is no longer in force. However, it notes the information provided by the Government in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), to the effect that the new National Economic and Social Development Plan 2016–20 (PNDES) gives priority status to the combating of child labour. Strategic objective No. 4 of the PNDES seeks to promote decent employment and social protection for all, particularly young persons and children, with one of the expected outcomes being to reduce the proportion of children in the 5–17 age group involved in economic activities from 41 per cent in 2006 to 25 per cent in 2020. The Committee urges the Government to continue its efforts to ensure the progressive elimination of child labour. It requests that the Government provide detailed information on the impact of the PNDES and all other measures with regard to the number of working children under 15 years of age who have thus been able to enjoy the protection granted by the Convention, particularly those working in the informal economy. The Committee also encourages the Government to continue with capacity-building measures for the labour inspectorate so that it can monitor child labour, particularly in the informal economy. Lastly, the Committee encourages the Government to take the necessary steps to ensure the availability of adequate, up-to-date information on child labour, including recent statistics, disaggregated by gender and age, relating to the nature, extent and trends of work done by children and young persons who are under the minimum age specified by the Government at the time of ratification, and extracts from reports of the inspection services.

Articles 3(2) and 9(1). Determination of types of hazardous work and penalties. In its previous comments, the Committee noted that, according to the findings of the ENTE, out of a total of 1,658,869 working children, 39.3 per cent were forced to perform harmful activities and 35.8 per cent were engaged in work which was classified as hazardous. The Committee noted that the Government had adopted Decree No. 2009-365/PRES/PM/MTSS/MS/MASSN of 28 May 2009 determining the list of hazardous types of work prohibited for children under 18 years of age.

The Committee notes the Government’s statement that the list of hazardous types of work has since been revised and that new Decree No. 2016 504/PRES/ PM/MFPTPS/MS/MFSNF determining the list of hazardous types of work in Burkina Faso (Decree No. 2016-504) was adopted on 9 June 2016. Under section 8 of this Decree, any person committing an offence constituting one of the worst forms of child labour shall be punished according to the terms of section 5 of Act No. 029-2008/AN of 15 May 2008 combating trafficking in persons and similar practices, which provides for imprisonment of ten to 20 years for offenders. Noting with concern the large number of children engaged in hazardous types of work in Burkina Faso, the Committee requests that the Government take the necessary steps to ensure the effective application in practice of Decree No. 2016-504. The Committee requests that the Government supply detailed information in this regard, including statistics on the number and nature of violations reported, the number and nature of accidents and injuries related to these violations, and the criminal penalties imposed.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that child labour affected 41.1 per cent of children between 5 and 17 years of age in Burkina Faso, which amounted to 1,658,869 working children. More than 30 per cent of children between 5 and 9 years of age and 47.6 per cent of children between 10 and 14 years of age worked in various economic sectors. The Committee noted that most children were working in agriculture and stockbreeding, and the most vulnerable groups were employed as apprentices, in the informal economy in small-scale gold mines and, regarding girls in particular, as domestic workers, vendors or apprentices. The Committee noted the Government’s adoption on 15 February 2012 of the National Plan of Action to combat the worst forms of child labour in Burkina Faso 2011–15 (PAN/PFTE), formulated in collaboration with ILO–IPEC, with the general objective of reducing the incidence of child labour by 2015.

The Committee notes the Government’s indications that, in the context of the implementation of PAN/PFTE, a total of 126 inspections were conducted in 2013 in relation to child labour, of which 104 were in small-scale gold mines, ten in agriculture and 12 in the informal economy. These controls identified 1,411 children who were working, of whom 1,195 were in small-scale gold mines and 215 in the informal economy (carpentry, engineering, sewing, small-scale trading, etc.). The Government also indicates that in 2013 a total of 50 meetings for building the capacities of actors involved in combating child labour took place; 107 awareness-raising meetings were held which reached out to some 30,000 people; and the PAN/PFTE National Coordinating Committee was established. The Government also indicates that it undertook a number of actions to build the capacity of the labour inspectorate with regard to monitoring child labour. These actions included the preparation and adoption of a module on child labour with a view to incorporating it into the training curriculum for labour inspectors and controllers and the drawing up of a training plan for labour inspectors covering various areas including action against child labour.

While duly noting the measures taken by the Government, the Committee notes with concern the large number of children under the minimum age for admission to employment who are working in Burkina Faso. The Committee urges the Government to continue its efforts to ensure the progressive elimination of child labour. It requests the Government to provide detailed information on the impact of PAN/PFTE and measures for strengthening the labour inspectorate in terms of the number of working children under 15 years of age, particularly children working in the informal economy, who have been able to enjoy the protection granted by the Convention. The Committee also requests the Government to continue providing information on the application of the Convention in practice, including recent statistics, disaggregated by sex and age group, relating to the nature, extent and trends of the labour of children and young persons under the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services.

Article 9(1). Penalties. In its previous comments, the Committee noted with interest that, under section 5 of Act No. 029-2008/AN of 15 May 2008 combating trafficking in persons and similar practices, any person who commits an offence constituting one of the worst forms of child labour, including hazardous work, shall be liable to imprisonment ranging from ten to 20 years.

The Committee notes the Government’s indication in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), that 14 compliance orders were issued by the regional labour and social security directorates in 2013 to operators of small-scale gold mines instructing them to comply with the legislation on child labour. The Committee recalls that, under the terms of Article 9(1) of the Convention, the competent authority must take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that any person violating the provisions that give effect to the Convention, particularly those relating to hazardous work, is prosecuted and appropriate penalties are imposed. It requests the Government to provide information on the types of violation detected, the number of persons prosecuted and the penalties imposed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Scope. In its previous comments the Committee noted that the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code in Burkina Faso (hereinafter Labour Code of 2008) only applies to employment relationships. The Committee noted that the majority of children work in agriculture and stock rearing, and that the most exposed groups work as apprentices in the informal economy in small-scale gold mining and, especially in the case of girls, as domestic workers, vendors or apprentices. The Committee asked the Government to take the necessary steps to ensure that the protection afforded by the Convention is also applicable to children working outside the context of an employment relationship, particularly those who are self employed, and invited it to consider the possibility of assigning special powers to labour inspectors with regard to children who work in the informal economy. The Committee noted the Government’s indication that it had noted the suggestion to assign special powers to labour inspectors in order to eliminate child labour in the informal economy, particularly when children are self-employed, and that this possibility would be considered as soon as human resources enabled all sectors of economic activity to be covered.

The Committee notes that the Government reiterates that there has been a considerable increase in the numbers of labour inspectors and controllers. It further notes that, according to the information communicated in the Government’s report relating to the Labour Inspection Convention, 1947 (No. 81), the training given to trainee labour inspectors and controllers is two academic years of nine months each and includes a training course on international labour standards. The Committee requests the Government to continue to take steps to adapt and strengthen the labour inspectorate in order to improve the capacity of labour inspectors to identify cases of child labour in the informal sector, so as to ensure that the protection afforded by the Convention will be applied to children under 15 years of age in this sector and to children under 18 years of age engaged in hazardous work. It requests the Government to send information on this matter and on the results achieved.

Article 2(3). Age of completion of compulsory schooling. In its previous comments the Committee noted the adoption of the Ten-Year Development Plan for Basic Education 2001–10 (PDDEB), whose main objective is to achieve universal schooling by 2015. It duly noted that, according to the statistics supplied by the Government, the gross school enrolment rate for girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08 and for boys it rose from 76.4 percent to 90.5 per cent for the same period. As regards the gross school attendance rate for girls, it increased from 55 per cent in 2005–06 to 64.8 per cent in 2007–08 and for boys it rose from 66.1 per cent to 80.7 per cent for the same period. While noting the progress made by the Government in improving the education system in the country, the Committee expressed its concern at the low school attendance rate at both primary and secondary levels.

The Committee notes that, in the context of PAN/PFTE, education and vocational training constitute an area of priority action and that one of the guiding principles of PAN is to constantly promote school attendance for children between 6 and 16 years of age, as provided for by the Act establishing guidelines for education in Burkina Faso. It further notes the Government’s statement that a Three-Year Action Plan established by the Ministry for Youth, Vocational Training and Employment (2012–14) (PAT) is currently under way, and this provides, among other things, for the construction of 45 vocational training centres in each province and a vocational training centre serving as reference point in each region, of which there are 13 in total. The Government also indicates that the National Employment Agency (ANPE) has 13 regional centres and eight provincial centres for vocational training. These structures are designed to plug the gaps in the traditional education system and prevent children under 15 years of age from working by providing them with basic vocational training and facilitating their social and vocational integration. The Committee notes that, according to the situation analysis of the poverty and vulnerability of children and women in Burkina Faso published by UNICEF in December 2010, the net primary enrolment rate increased from 34.9 per cent in 1997–98 to 74.9 per cent in 2008–09. However, the same document reports that this is still insufficient to reach the second of the Millennium Development Goals, namely, universal primary education. Furthermore, the Committee notes that the Committee on the Rights of Child (CRC), in its concluding observations of 9 February 2010 (CRC/C/BFA/CO/3–4, paragraph 64) expressed its concern that the primary school enrolment rate is still far too low, school enrolment at secondary level remains extremely low, and vocational education and training are available for a minority of children only.

The Committee notes that a still significant number of children who have not yet reached the minimum age for admission to employment do not attend or have stopped attending school. While noting the considerable efforts made by the Government, the Committee urges the Government to intensify its efforts to increase the school enrolment rate, particularly for children under 15 years of age in order to prevent the latter from working, especially on a self-employed basis and in the informal sector. The Committee requests the Government to continue to provide information on the measures taken in the context of PAN/PFTE and PAT to increase the school attendance rate and on the results achieved. It also requests the Government to provide information on the number of children who have benefitted from the services of the vocational training centres established in the context of PAT or by the ANPE.

Article 6. Apprenticeships. The Committee previously noted that sections 13–17 of the Labour Code of 2008 regulate apprenticeships. It observed that these provisions of the Code do not appear to stipulate an age for entry to apprenticeships. However, the Committee noted that section 14(1) of the Labour Code of 2008 states that the formal and substantive conditions, the obligations of the parties and the effects of apprenticeship contracts shall be determined by means of regulations. The Committee expressed the hope that when texts regulating apprenticeships were drawn up, the Government would fix a minimum age for admission to an apprenticeship of at least 14 years, in conformity with the Convention.

The Committee notes the Government’s indication that Joint Order No. 2010-023/MTSS/MJE concerning apprenticeship contracts was adopted on 13 December 2010. This Order determines the formal and substantive conditions for apprenticeship contracts. The Committee notes with interest that, under section 6 of this Order, nobody may embark on an apprenticeship before the age of 16 years.

Article 7(1) and (3). Age for admission to light work; determination of, and conditions of employment in, such work. In its previous comments the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 concerning exceptions to the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 years and above for domestic work and light work of a seasonal nature, such as gathering, picking up and sorting produce on farms and tending for animals. The Committee reminded the Government that Article 7(1) of the Convention authorizes light work only for persons between 13 and 15 years of age. The Government indicated that it would revise Order No. 545/IGTLS/HV of 2 August 1954. The Committee noted that section 152(2) of the Labour Code of 2008 states that an exception may be made to the minimum age in cases involving light work. It also noted the Government’s indication that it would adopt legislative texts to apply Article 7 of the Convention and would send copies of the texts to the Office once they were adopted.

The Committee notes the Government’s indication that Order No. 2008-0027-MTSS/SG/DGSST establishing exceptions to the minimum age for admission to employment was adopted on 26 December 2008 and fixes the conditions for the admission of children of either sex to light work. The Committee notes with interest that this Order sets the age for admission to light work at 13 years or over. Furthermore, the Order prescribes the length of the working day (not more than four-and-a-half hours per day) and prohibits the performance of light work on Sundays and/or official or recognized holidays, and also at night between 8 p.m. and 8 a.m. Children may not perform light work during the school term and may not be employed without the explicit permission of their parents or guardians.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted that a national study on child labour had been conducted in the country and that a new national plan of action on child labour was being drawn up.

The Committee notes the Government’s indication that in 2006 Burkina Faso conducted a national survey of child labour (ENTE) with the support of ILO–IPEC–SIMPOC. The results of this survey were published in 2008 and are the most recent data available concerning child labour. The Committee notes that, according to the ENTE, child labour affects 41.1 per cent of children between 5 and 17 years of age in Burkina Faso, a total of 1,658,869 working children, who devote between 19 and 25 hours per week to their work. Moreover, 39.3 per cent of children are forced to perform harmful activities and 35.8 per cent do work that is classified as hazardous. The survey shows that there are more working children in rural areas (44.1 per cent) than in urban areas (23.2 per cent). The main sectors where economically active children are present are agriculture, fishing, hunting and domestic work. The proportion of working children increases considerably with age. Nearly 30 per cent of children between 5 and 9 years of age and 47.6 per cent of children between 10 and 14 years of age work in various economic sectors. In the 15–17 age group, more than half (56 per cent) are working children. The Committee notes that on 15 February 2012 the Government adopted the National Plan of Action against the worst forms of child labour in Burkina Faso 2011–15 (PAN/PFTE), drawn up in cooperation with ILO–IPEC, with the general objective of reducing the incidence of child labour by 2015. Noting with concern that a significant number of children are working below the minimum age, especially in dangerous conditions, the Committee requests the Government to strengthen its efforts to ensure the gradual elimination of child labour. In this regard, it requests the Government to provide detailed information on the implementation of PAN/PFTE in its next report. The Committee also requests the Government to continue to supply information on the application of the Convention in practice, particularly statistics on the employment of children under 15 years of age and reports of the inspection services.

Article 3(1) and (2). Hazardous work and determination of these types of work. The Committee previously noted that the Ministry of Labour and Social Security sponsored a study in 2008 in order to produce an overview of hazardous types of work and propose draft legislation prohibiting the performance of these types of work by children. The Committee reminded the Government that under Article 3(2) of the Convention, hazardous types of work should be determined after consultation with the organizations of employers and workers concerned, where such exist.

The Committee notes with satisfaction that the Government, in cooperation with the employers’ and workers’ organizations concerned, drew up and adopted Decree No. 2009-365/PRES/PM/MTSS/MS/MASSN of 28 May 2009 determining the list of hazardous types of work prohibited for children in Burkina Faso. This Decree, which defines a child as any person under 18 years of age, determines the list of hazardous types of work prohibited for children. The Committee observes that section 2 of the Decree specifically prohibits: work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of children; work which exposes children to physical, psychological or sexual abuse; work performed underground, under water, at dangerous heights or in confined spaces; and work performed with dangerous machinery, equipment or tools, or which involves the handling or carrying of heavy loads. Moreover, section 5 of the Decree establishes a list of hazardous types of work prohibited for children by sector of activity, including agriculture, stock rearing, fishing, agro-forestry and hunting, industry, mining, quarries and small-scale gold mines, construction and public works, the informal sector, craft industries, performing arts, transport, and the human and animal health sector.

Article 9(1). Penalties. In its previous comments, the Committee requested the Government to indicate the precise penalties applicable for violations of section 149 of the Labour Code of 2008 concerning the prohibition on the performance of hazardous work by children and young persons.

The Committee notes the Government’s indication that, since hazardous work is one of the worst forms of child labour, violations of section 149 of the Labour Code incur the penalties established by Act No. 029-2008/AN of 15 May 2008 combating trafficking in persons and similar practices. The Committee observes that section 7 of the Decree of 2009 determining the list of hazardous types of work prohibited for children in Burkina Faso provides that violations of the provisions of the Decree shall be penalized according to the provisions of section 5 of the Act of 2008 combating trafficking in persons and similar practices. The Committee notes with interest that, under the terms of section 5 of this Act, any person who commits an offence constituting one of the worst forms of child labour, including hazardous work, shall be liable to imprisonment ranging from ten to 20 years. The Committee requests the Government to supply information on the nature of the violations reported by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the Office’s statistics, 51 per cent of children aged from 10 to 14 years were carrying out an economic activity. However, it noted that, according to the 2007 activity reports on the ILO–IPEC project on the abolition of child labour in French-speaking Africa, programmes of action dealing with specific problems, such as child labour in rural areas, child domestic labour involving girls and child labour in gold mines, have been implemented. In addition, a national study on child labour has been conducted in the country and a new national action plan on child labour was being drawn up. The Committee also noted that Burkina Faso is participating in the ILO–IPEC project entitled “Prevention and elimination of child labour in mining in West Africa (2005–08)”, in which Niger is also taking part, and whose aim is to withdraw children from gold mines. It asked the Government to supply information on the implementation of the abovementioned projects and to send a copy of the national study on child labour. The Committee noted the Government’s statement that the results of the study are not yet available. The Committee expresses the hope that the study will be completed in the near future and requests the Government to send a copy with its next report. The Committee also requests the Government to supply information on the implementation of the abovementioned projects, and also on the results achieved in terms of the progressive abolition of child labour.

Article 2(1). Scope of application. The Committee previously noted that, according to an activity report of the ILO–IPEC national programme in Burkina Faso, the majority of child workers are in agriculture and stock rearing, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, vendors or apprentices. In this regard, the Government indicated that it had taken measures to extend the scope of application of the Convention to work done outside an employment relationship or in the informal economy, mainly in the form of awareness campaigns (lectures and film shows on the damaging effects of child labour with regard to their physical, mental and social development) in areas where children are exploited or are self-employed. The Committee noted that, whatever the importance of awareness-raising measures in combating the problem of child labour, they cannot be a substitute for measures to protect children against conditions of work which may be harmful to their health or development. It asked the Government to take the necessary measures to ensure that the protection afforded by the Convention is also applicable to children who work without an employment relationship, particularly those who are self-employed, and invited it to consider the possibility of assigning special powers to labour inspectors with regard to children who work in the informal economy.

The Committee noted the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code in Burkina Faso (Labour Code 2008) repealing the Labour Code 2004. It noted that the Labour Code 2008 applies to employment relationships. However, the Committee noted the Government’s statement that it noted the suggestion to assign special powers to labour inspectors in order to eliminate child labour in the informal economy, particularly when children are self-employed. As soon as human resources allow all sectors of economic activity to be covered, this possibility will be considered. The Committee expresses the hope that the Government will be in a position in the near future to take measures to increase staff numbers in the labour inspectorate and thus guarantee that children working outside an employment relationship, particularly in the informal economy or on a self-employed basis, will benefit from the protection afforded by the Convention. It requests the Government to supply information in this regard.

Article 2(2). Raising the initially specified minimum age for admission to employment. The Committee duly noted the Government’s statement that section 152(1) of the Labour Code 2008 prescribes 16 years as the minimum age for access to any kind of employment or work, thus aligning this age to the age of completion of compulsory schooling. In this regard, the Committee drew the Government’s attention to the fact that Article 2(2) of the Convention establishes the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to notify the Director-General of the International Labour Office by means of a further declaration. This enables the age fixed by the national legislation to be aligned to that provided for at international level.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the adoption of the Ten-Year Development Plan for Basic Education (PDDEB), whose main objective is to achieve universal schooling by 2015. The Committee also duly noted that, according to a report on the implementation of the PDDEB for January–June 2006, school attendance is displaying positive trends in Burkina Faso, including the fact that the total number of pupils attending school increased between 2004 and 2006, with an average annual rate of increase of 9.42 per cent, and that, for the same period, the rate of school attendance for girls increased. The Committee asked the Government to continue providing information on the implementation of the PDDEB.

The Committee duly noted the information supplied by the Government to the effect that school attendance is displaying positive trends throughout the country. Infrastructure in terms of classrooms and schools has grown and the number of teachers has increased in both the public and the private sector. The Committee also noted that, according to the statistics supplied by the Government, the gross school enrolment rate for girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08 and for boys from 76.4 per cent to 90.5 per cent for the same period. As regards the gross school attendance rate for girls, it increased from 55 per cent in 2005–06 to 64.8 per cent in 2007–08 and for boys it rose from 66.1 per cent to 80.7 per cent for the same period. The Committee also noted that, according to the Education for All Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, Burkina Faso will probably achieve gender parity between the sexes by 2015. However, according to this report, even though the country has made enormous progress towards achieving universal primary schooling, there is little chance that it will achieve the goal of universal primary schooling for all by 2015. In this regard, it noted that, according to UNICEF statistics for 2006, the net primary school attendance rate is 44 per cent for girls and 49 per cent for boys, and in secondary schools it is 15 per cent for girls and 17 per cent for boys.

While noting the progress made by the Government to improve the country’s education system, the Committee expressed its concern at the low school attendance rate at both primary and secondary levels. It observed that poverty is one of the primary causes of child labour and, in combination with a deficient education system, it hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to take measures which will enable children to participate in compulsory basic education or enrol in an informal school system. In this regard, it requests the Government to supply information on the measures taken in the context of the PDDEB for increasing the school attendance rate in both the primary and secondary sectors, in order to prevent children under 15 years of age from working. The Committee requests the Government to supply information on the results achieved.

Article 3(1) and (2). Hazardous work and determination of these types of work. The Committee noted that section 149(1) of the Labour Code 2008 states that children – persons under 18 years of age – and young persons – persons between 18 and 21 years of age – may not be assigned to work which is likely to jeopardize their development or their reproductive capacity. Under section 149(2) of the Code, the types of work prohibited to children and young persons and also the categories of enterprises prohibited to persons under 18 years of age are determined by a decree adopted in the Council of Ministers further to an opinion from the National Advisory Technical Committee on Occupational Safety and Health. The Committee also noted the information supplied by the Government in its report on Convention No. 182 to the effect that the Ministry of Labour and Social Security sponsored a study in 2008 to review locations where hazardous work is performed and propose draft legislation prohibiting children from performing these types of work. The Committee reminded the Government that, under Article 3(2) of the Convention, types of hazardous work will be determined after consultation with the organizations of employers and workers concerned, where such exist. The Committee sincerely hopes that the draft legislation prohibiting the performance of hazardous work by children under 18 years of age and determining these types of work will be drawn up as quickly as possible and will be in conformity with Article 3(1) and 2 of the Convention. It requests the Government to provide information on all progress made in this regard and also on any consultations held with employers’ and workers’ organizations when determining types of hazardous work.

Article 6. Apprenticeships. The Committee noted that sections 13–17 of the Labour Code 2008 regulate apprenticeships. It noted that these provisions of the Code do not appear to stipulate an age of entry to apprenticeships. However, the Committee noted that section 14(1) of the Labour Code 2008 states that the formal and substantive conditions, the obligations of the parties and the effects of apprenticeship contracts shall be determined by means of regulations. Recalling that the age for admission to an apprenticeship provided for by Article 6 of the Convention is 14 years, the Committee expresses the hope that, when texts regulating apprenticeships are drawn up, the Government will fix a minimum age for admission to an apprenticeship of at least 14 years. It requests the Government to provide information on all new developments in this regard and to send copies of the texts regulating apprenticeships once they have been adopted.

Article 7(1)and (3). Age for admission to light work, determination of, and conditions of employment in, such work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 concerning exceptions to the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 years and above for domestic work and light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7(1) of the Convention only authorizes light work for persons between 13 and 15 years of age. In this regard, the Government indicated that it would revise Order No. 545/IGTLS/HV of 2 August 1954. The Committee expressed the hope that this Order would be revised as soon as possible. The Committee noted that section 152(2) of the Labour Code 2008 states that an exception may be made to the minimum age in cases involving light work. It also noted the Government’s statement that it will adopt texts to apply Article 7 of the Convention and will send copies of the texts to the Office once they are adopted. The Committee hopes that the Government will adopt the texts regulating light work for children as soon as possible and that they will give full effect to Article 7(1) and (3) of the Convention, authorizing employment in light work only for children aged 13 or over and determining the activities in which light work may be authorized, and will prescribe the number of working hours and the conditions of employment or work concerned. It requests the Government to supply information on all new developments in this regard.

Article 9(1). Penalties. The Committee noted that section 422(1) of the Labour Code 2008 lays down penalties for violations of section 152 concerning the minimum age for admission to employment. It also noted that section 421(3) of the Labour Code 2008 states that the penalties shall not be incurred if the infringements committed at the time the work permit was established, in the case of an infringement to section 149 concerning the prohibition on children and young persons carrying out hazardous work, is the result of an error relating to the age of the children or young persons concerned. However, the Committee noted that the provisions of the Code concerning penalties do not appear to lay down precise penalties for violations of the prohibition on the performance of hazardous work by children and young persons. The Committee therefore requests the Government to indicate the precise penalties applicable for violations of section 149 of the Labour Code 2008 and to send a copy of the provisions concerned.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the Office’s statistics, 51 per cent of children aged from 10 to 14 years were carrying out an economic activity. However, it noted that, according to the 2007 activity reports on the ILO/IPEC project on the abolition of child labour in French-speaking Africa, programmes of action dealing with specific problems, such as child labour in rural areas, child domestic labour involving girls and child labour in gold mines, have been implemented. In addition, a national study on child labour has been conducted in the country and a new national action plan on child labour was being drawn up. The Committee also noted that Burkina Faso is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in mining in West Africa (2005–08)”, in which Niger is also taking part, and whose aim is to withdraw children from gold mines. It asked the Government to supply information on the implementation of the abovementioned projects and to send a copy of the national study on child labour. The Committee noted the Government’s statement that the results of the study are not yet available. The Committee expresses the hope that the study will be completed in the near future and requests the Government to send a copy with its next report. The Committee also requests the Government to supply information on the implementation of the abovementioned projects, and also on the results achieved in terms of the progressive abolition of child labour.

Article 2(1). Scope of application. The Committee previously noted that, according to an activity report of the ILO/IPEC national programme in Burkina Faso, the majority of child workers are in agriculture and stock rearing, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, vendors or apprentices. In this regard, the Government indicated that it had taken measures to extend the scope of application of the Convention to work done outside an employment relationship or in the informal economy, mainly in the form of awareness campaigns (lectures and film shows on the damaging effects of child labour with regard to their physical, mental and social development) in areas where children are exploited or are self-employed. The Committee noted that, whatever the importance of awareness-raising measures in combating the problem of child labour, they cannot be a substitute for measures to protect children against conditions of work which may be harmful to their health or development. It asked the Government to take the necessary measures to ensure that the protection afforded by the Convention is also applicable to children who work without an employment relationship, particularly those who are self-employed, and invited it to consider the possibility of assigning special powers to labour inspectors with regard to children who work in the informal economy.

The Committee noted the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code in Burkina Faso (Labour Code 2008) repealing the Labour Code 2004. It noted that the Labour Code 2008 applies to employment relationships. However, the Committee noted the Government’s statement that it noted the suggestion to assign special powers to labour inspectors in order to eliminate child labour in the informal economy, particularly when children are self-employed. As soon as human resources allow all sectors of economic activity to be covered, this possibility will be considered. The Committee expresses the hope that the Government will be in a position in the near future to take measures to increase staff numbers in the labour inspectorate and thus guarantee that children working outside an employment relationship, particularly in the informal economy or on a self-employed basis, will benefit from the protection afforded by the Convention. It requests the Government to supply information in this regard.

Article 2(2). Raising the initially specified minimum age for admission to employment. The Committee duly noted the Government’s statement that section 152(1) of the Labour Code 2008 prescribes 16 years as the minimum age for access to any kind of employment or work, thus aligning this age to the age of completion of compulsory schooling. In this regard, the Committee drew the Government’s attention to the fact that Article 2(2), of the Convention establishes the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to notify the Director-General of the International Labour Office by means of a further declaration. This enables the age fixed by the national legislation to be aligned to that provided for at international level.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the adoption of the Ten-Year Development Plan for Basic Education (PDDEB), whose main objective is to achieve universal schooling by 2015. The Committee also duly noted that, according to a report on the implementation of the PDDEB for January–June 2006, school attendance is displaying positive trends in Burkina Faso, including the fact that the total number of pupils attending school increased between 2004 and 2006, with an average annual rate of increase of 9.42 per cent, and that, for the same period, the rate of school attendance for girls increased. The Committee asked the Government to continue providing information on the implementation of the PDDEB.

The Committee duly noted the information supplied by the Government to the effect that school attendance is displaying positive trends throughout the country. Infrastructure in terms of classrooms and schools has grown and the number of teachers has increased in both the public and the private sector. The Committee also noted that, according to the statistics supplied by the Government, the gross school enrolment rate for girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08 and for boys from 76.4 per cent to 90.5 per cent for the same period. As regards the gross school attendance rate for girls, it increased from 55 per cent in 2005–06 to 64.8 per cent in 2007–08 and for boys it rose from 66.1 per cent to 80.7 per cent for the same period. The Committee also noted that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, Burkina Faso will probably achieve gender parity between the sexes by 2015. However, according to this report, even though the country has made enormous progress towards achieving universal primary schooling, there is little chance that it will achieve the goal of universal primary schooling for all by 2015. In this regard, it noted that, according to UNICEF statistics for 2006, the net primary school attendance rate is 44 per cent for girls and 49 per cent for boys, and in secondary schools it is 15 per cent for girls and 17 per cent for boys.

While noting the progress made by the Government to improve the country’s education system, the Committee expressed its concern at the low school attendance rate at both primary and secondary levels. It observed that poverty is one of the primary causes of child labour and, in combination with a deficient education system, it hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to take measures which will enable children to participate in compulsory basic education or enrol in an informal school system. In this regard, it requests the Government to supply information on the measures taken in the context of the PDDEB for increasing the school attendance rate in both the primary and secondary sectors, in order to prevent children under 15 years of age from working. The Committee requests the Government to supply information on the results achieved.

Article 3(1) and (2). Hazardous work and determination of these types of work. The Committee noted that section 149(1) of the Labour Code 2008 states that children – persons under 18 years of age – and young persons – persons between 18 and 21 years of age – may not be assigned to work which is likely to jeopardize their development or their reproductive capacity. Under section 149(2) of the Code, the types of work prohibited to children and young persons and also the categories of enterprises prohibited to persons under 18 years of age are determined by a decree adopted in the Council of Ministers further to an opinion from the National Advisory Technical Committee on Occupational Safety and Health. The Committee also noted the information supplied by the Government in its report on Convention No. 182 to the effect that the Ministry of Labour and Social Security sponsored a study in 2008 to review locations where hazardous work is performed and propose draft legislation prohibiting children from performing these types of work. The Committee reminded the Government that, under Article 3(2) of the Convention, types of hazardous work will be determined after consultation with the organizations of employers and workers concerned, where such exist. The Committee sincerely hopes that the draft legislation prohibiting the performance of hazardous work by children under 18 years of age and determining these types of work will be drawn up as quickly as possible and will be in conformity with Article 3(1) and 2 of the Convention. It requests the Government to provide information on all progress made in this regard and also on any consultations held with employers’ and workers’ organizations when determining types of hazardous work.

Article 6. Apprenticeships. The Committee noted that sections 13–17 of the Labour Code 2008 regulate apprenticeships. It noted that these provisions of the Code do not appear to stipulate an age of entry to apprenticeships. However, the Committee noted that section 14(1) of the Labour Code 2008 states that the formal and substantive conditions, the obligations of the parties and the effects of apprenticeship contracts shall be determined by means of regulations. Recalling that the age for admission to an apprenticeship provided for by Article 6 of the Convention is 14 years, the Committee expresses the hope that, when texts regulating apprenticeships are drawn up, the Government will fix a minimum age for admission to an apprenticeship of at least 14 years. It requests the Government to provide information on all new developments in this regard and to send copies of the texts regulating apprenticeships once they have been adopted.

Article 7(1)and (3). Age for admission to light work, determination of, and conditions of employment in, such work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 concerning exceptions to the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 years and above for domestic work and light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons between 13 and 15 years of age. In this regard, the Government indicated that it would revise Order No. 545/IGTLS/HV of 2 August 1954. The Committee expressed the hope that this Order would be revised as soon as possible. The Committee noted that section 152(2) of the Labour Code 2008 states that an exception may be made to the minimum age in cases involving light work. It also noted the Government’s statement that it will adopt texts to apply Article 7 of the Convention and will send copies of the texts to the Office once they are adopted. The Committee hopes that the Government will adopt the texts regulating light work for children as soon as possible and that they will give full effect to Article 7, paragraphs 1 and 3, of the Convention, authorizing employment in light work only for children aged 13 or over and determining the activities in which light work may be authorized, and will prescribe the number of working hours and the conditions of employment or work concerned. It requests the Government to supply information on all new developments in this regard.

Article 9(1). Penalties. The Committee noted that section 422(1) of the Labour Code 2008 lays down penalties for violations of section 152 concerning the minimum age for admission to employment. It also noted that section 421(3) of the Labour Code 2008 states that the penalties shall not be incurred if the infringements committed at the time the work permit was established, in the case of an infringement to section 149 concerning the prohibition on children and young persons carrying out hazardous work, is the result of an error relating to the age of the children or young persons concerned. However, the Committee noted that the provisions of the Code concerning penalties do not appear to lay down precise penalties for violations of the prohibition on the performance of hazardous work by children and young persons. The Committee therefore requests the Government to indicate the precise penalties applicable for violations of section 149 of the Labour Code 2008 and to send a copy of the provisions concerned.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the Office’s statistics, 51 per cent of children aged from 10 to 14 years were carrying out an economic activity. However, it noted that, according to the 2007 activity reports on the ILO/IPEC project on the abolition of child labour in French-speaking Africa, programmes of action dealing with specific problems, such as child labour in rural areas, child domestic labour involving girls and child labour in gold mines, have been implemented. In addition, a national study on child labour has been conducted in the country and a new national action plan on child labour was being drawn up. The Committee also noted that Burkina Faso is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in mining in West Africa (2005–08)”, in which Niger is also taking part, and whose aim is to withdraw children from gold mines. It asks the Government to supply information on the implementation of the abovementioned projects and to send a copy of the national study on child labour. The Committee notes the Government’s statement that the results of the study are not yet available. The Committee expresses the hope that the study will be completed in the near future and requests the Government to send a copy with its next report. The Committee also requests the Government to supply information on the implementation of the abovementioned projects, and also on the results achieved in terms of the progressive abolition of child labour.

Article 2, paragraph 1. Scope of application. The Committee previously noted that, according to an activity report of the ILO/IPEC national programme in Burkina Faso, the majority of child workers are in agriculture and stock rearing, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, vendors or apprentices. In this regard, the Government indicated that it had taken measures to extend the scope of application of the Convention to work done outside an employment relationship or in the informal economy, mainly in the form of awareness campaigns (lectures and film shows on the damaging effects of child labour with regard to their physical, mental and social development) in areas where children are exploited or are self-employed. The Committee noted that, whatever the importance of awareness-raising measures in combating the problem of child labour, they cannot be a substitute for measures to protect children against conditions of work which may be harmful to their health or development. It asked the Government to take the necessary measures to ensure that the protection afforded by the Convention is also applicable to children who work without an employment relationship, particularly those who are self-employed, and invited it to consider the possibility of assigning special powers to labour inspectors with regard to children who work in the informal economy.

The Committee notes the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code in Burkina Faso (Labour Code 2008) repealing the Labour Code 2004. It notes that the Labour Code 2008 applies to employment relationships. However, the Committee notes the Government’s statement that it noted the suggestion to assign special powers to labour inspectors in order to eliminate child labour in the informal economy, particularly when children are self-employed. As soon as human resources allow all sectors of economic activity to be covered, this possibility will be considered. The Committee expresses the hope that the Government will be in a position in the near future to take measures to increase staff numbers in the labour inspectorate and thus guarantee that children working outside an employment relationship, particularly in the informal economy or on a self-employed basis, will benefit from the protection afforded by the Convention. It requests the Government to supply information in this regard.

Article 2, paragraph 2. Raising the initially specified minimum age for admission to employment. The Committee duly notes the Government’s statement that section 152(1) of the Labour Code 2008 prescribes 16 years as the minimum age for access to any kind of employment or work, thus aligning this age to the age of completion of compulsory schooling. In this regard, the Committee draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention establishes the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to notify the Director-General of the International Labour Office by means of a further declaration. This enables the age fixed by the national legislation to be aligned to that provided for at international level.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted the adoption of the Ten-Year Development Plan for Basic Education (PDDEB), whose main objective is to achieve universal schooling by 2015. The Committee also duly noted that, according to a report on the implementation of the PDDEB for January–June 2006, school attendance is displaying positive trends in Burkina Faso, including the fact that the total number of pupils attending school increased between 2004 and 2006, with an average annual rate of increase of 9.42 per cent, and that, for the same period, the rate of school attendance for girls increased. The Committee asks the Government to continue providing information on the implementation of the PDDEB.

The Committee duly notes the information supplied by the Government to the effect that school attendance is displaying positive trends throughout the country. Infrastructure in terms of classrooms and schools has grown and the number of teachers has increased in both the public and the private sector. The Committee also notes that, according to the statistics supplied by the Government, the gross school enrolment rate for girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08 and for boys from 76.4 per cent to 90.5 per cent for the same period. As regards the gross school attendance rate for girls, it increased from 55 per cent in 2005–06 to 64.8 per cent in 2007–08 and for boys it rose from 66.1 per cent to 80.7 per cent for the same period. The Committee also notes that, according to the Education for All (EFA) Global Monitoring Report 2008 published by UNESCO entitled Education for All by 2015: Will we make it?, Burkina Faso will probably achieve gender parity between the sexes by 2015. However, according to this report, even though the country has made enormous progress towards achieving universal primary schooling, there is little chance that it will achieve the goal of universal primary schooling for all by 2015. In this regard, it notes that, according to UNICEF statistics for 2006, the net primary school attendance rate is 44 per cent for girls and 49 per cent for boys, and in secondary schools it is 15 per cent for girls and 17 per cent for boys.

While noting the progress made by the Government to improve the country’s education system, the Committee expresses its concern at the low school attendance rate at both primary and secondary levels. It observes that poverty is one of the primary causes of child labour and, in combination with a deficient education system, it hampers the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to take measures which will enable children to participate in compulsory basic education or enrol in an informal school system. In this regard, it requests the Government to supply information on the measures taken in the context of the PDDEB for increasing the school attendance rate in both the primary and secondary sectors, in order to prevent children under 15 years of age from working. The Committee requests the Government to supply information on the results achieved.

Article 3, paragraphs 1 and 2. Hazardous work and determination of these types of work. The Committee notes that section 149(1) of the Labour Code 2008 states that children – persons under 18 years of age – and young persons – persons between 18 and 21 years of age – may not be assigned to work which is likely to jeopardize their development or their reproductive capacity. Under section 149(2) of the Code, the types of work prohibited to children and young persons and also the categories of enterprises prohibited to persons under 18 years of age are determined by a decree adopted in the Council of Ministers further to an opinion from the National Advisory Technical Committee on Occupational Safety and Health. The Committee also notes the information supplied by the Government in its report on Convention No. 182 to the effect that the Ministry of Labour and Social Security sponsored a study in 2008 to review locations where hazardous work is performed and propose draft legislation prohibiting children from performing these types of work. The Committee reminds the Government that, under Article 3, paragraph 2, of the Convention, types of hazardous work will be determined after consultation with the organizations of employers and workers concerned, where such exist. The Committee sincerely hopes that the draft legislation prohibiting the performance of hazardous work by children under 18 years of age and determining these types of work will be drawn up as quickly as possible and will be in conformity with Article 3, paragraphs 1 and 2, of the Convention. It requests the Government to provide information on all progress made in this regard and also on any consultations held with employers’ and workers’ organizations when determining types of hazardous work.

Article 6. Apprenticeships. The Committee notes that sections 13–17 of the Labour Code 2008 regulate apprenticeships. It notes that these provisions of the Code do not appear to stipulate an age of entry to apprenticeships. However, the Committee notes that section 14(1) of the Labour Code 2008 states that the formal and substantive conditions, the obligations of the parties and the effects of apprenticeship contracts shall be determined by means of regulations. Recalling that the age for admission to an apprenticeship provided for by Article 6 of the Convention is 14 years, the Committee expresses the hope that, when texts regulating apprenticeships are drawn up, the Government will fix a minimum age for admission to an apprenticeship of at least 14 years. It requests the Government to provide information on all new developments in this regard and to send copies of the texts regulating apprenticeships once they have been adopted.

Article 7, paragraphs 1 and 3. Age for admission to light work, determination of, and conditions of employment in, such work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 concerning exceptions to the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 years and above for domestic work and light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons between 13 and 15 years of age. In this regard, the Government indicated that it would revise Order No. 545/IGTLS/HV of 2 August 1954. The Committee expressed the hope that this Order would be revised as soon as possible. The Committee notes that section 152(2) of the Labour Code 2008 states that an exception may be made to the minimum age in cases involving light work. It also notes the Government’s statement that it will adopt texts to apply Article 7 of the Convention and will send copies of the texts to the Office once they are adopted. The Committee hopes that the Government will adopt the texts regulating light work for children as soon as possible and that they will give full effect to Article 7, paragraphs 1 and 3, of the Convention, authorizing employment in light work only for children aged 13 or over and determining the activities in which light work may be authorized, and will prescribe the number of working hours and the conditions of employment or work concerned. It requests the Government to supply information on all new developments in this regard.

Article 9, paragraph 1. Penalties. The Committee notes that section 422(1) of the Labour Code 2008 lays down penalties for violations of section 152 concerning the minimum age for admission to employment. It also notes that section 421(3) of the Labour Code 2008 states that the penalties shall not be incurred if the infringements committed at the time the work permit was established, in the case of an infringement to section 149 concerning the prohibition on children and young persons carrying out hazardous work, is the result of an error relating to the age of the children or young persons concerned. However, the Committee notes that the provisions of the Code concerning penalties do not appear to lay down precise penalties for violations of the prohibition on the performance of hazardous work by children and young persons. The Committee therefore requests the Government to indicate the precise penalties applicable for violations of section 149 of the Labour Code 2008 and to send a copy of the provisions concerned.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the Office’s estimates, 51 per cent of children aged from 10 to 14 years were carrying out an economic activity. It expressed concern at the actual situation of young children in Burkina Faso who were compelled to work. However, the Committee noted that a national action plan on child labour had been drawn up and that the country was participating in the ILO/IPEC project on the abolition of child labour. It asked the Government to supply information in this respect.

The Committee notes the information supplied by the Government in its report on the measures it has taken to abolish child labour, in particular the establishment of a department to combat child labour and the worst forms thereof. The Committee also notes that, according to the 2007 activity reports of the ILO/IPEC project on the abolition of child labour in French-speaking Africa, a number of activities have been conducted, including activities to mobilize communities and raise their awareness of the problem of child labour. In addition, action programmes designed to tackle specific problems, such as work involving children in rural areas, girl domestic workers and children engaged in gold washing, have been implemented. According to these activity reports, a national study on child labour has been conducted in the country and a new national action plan on child labour is being drawn up. The Committee also notes that Burkina Faso is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in mining in West Africa (2005–08)”, in which Niger is also taking part. The specific aim of this project is to withdraw children from gold mines in Burkina Faso and Niger, while establishing structures for the prevention of child labour and supporting local activities, in particular those aimed at boosting the safety and income of adults engaged in mining.

The Committee notes the draft Decent Work Country Programme for Burkina Faso. It notes that problems connected with child labour are among the priorities of this country programme, including child labour in rural areas and in mining, and that the Government intends to take measures aimed at eliminating child labour in the context of the fight against poverty. The Committee greatly appreciates all the measures taken by the Government to abolish child labour, measures which it considers to be an affirmation of a political will to develop strategies to combat this problem. It therefore strongly encourages the Government to continue its efforts in the fight against child labour and asks it to supply information on the implementation of the abovementioned projects, and also on the results obtained in terms of the progressive abolition of child labour. The Committee also asks the Government to send a copy of the national study on child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee previously noted that the Labour Code appears to exclude from its scope work performed outside an employment relationship (section 1). It indicated that, according to an activity report of the ILO/IPEC National Programme in Burkina Faso, the majority of child workers are in agriculture and stock rearing, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, sales girls and apprentices. The Committee also noted the Government’s statement that the applicable texts, including the new Labour Code, also apply to workers in the informal sector, to apprentices, domestic workers and sales persons, if the parties concerned lodge a complaint to the labour inspection services. It requested the Government to send a copy of the provisions governing the minimum age for admission to self‑employment.

In its report, the Government indicates that it has taken measures to extend the scope of application of the Convention to work accomplished outside an employment relationship or in the informal sector, mainly in the form of awareness campaigns (lectures and film shows on the damaging effects of child labour with regard to their physical, mental and social development) in areas where children are exploited or are self-employed. While noting this information, the Committee notes that, whatever the importance of measures to raise awareness of child labour among the population as a means of combating the problem, they cannot be a substitute for measures to protect children against conditions of work which may be harmful to their health or development. Consequently, the Committee again reminds the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work, whether or not a contractual employment relationship exists. It again asks the Government to take the necessary measures to ensure that the protection afforded by the Convention is also applicable to children who work without an employment relationship, in particular when they are self-employed. In this respect, the Committee invites the Government to consider the possibility of assigning special powers to labour inspectors with regard to children who work in the informal sector.

2. Minimum age of admission to employment or work. Referring to its previous comments, the Committee notes with interest that under section 147 of Act No. 33-2004/AN of 14 September 2004 on the Labour Code, the minimum age of admission to employment or work is now 15 years, in conformity with the age specified by Burkina Faso at the time of ratification of the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. Referring to its previous comments, the Committee notes that the Ministry of Basic Education and Literacy has adopted a Ten-Year Development Plan for Basic Education (PDDEB). This plan, whose main objective is to achieve universal schooling by 2015, aims to increase progressively the school enrolment and attendance rates, as well as improving basic tuition and informal basic education. The Committee notes the information provided by the Government to the effect that further to the half-yearly report for January–June 2006 concerning the implementation of the PDDEB, school attendance is showing a positive trend in Burkina Faso. It notes, inter alia, that the total number of pupils attending school has increased from 1,270,837 in 2004–05 to 1,390,571 in 2005–06, i.e. an average annual rate of increase of 9.42 per cent. In addition, the rate of school attendance for girls is increasing, the number of girls having increased from 133,091 in 2004–05 to 137,936 in 2005–06. Considering that education is one of the most effective means of combating child labour, the Committee encourages the Government to continue its efforts in this respect. It asks it to continue to supply information on the implementation of the PDDEB, in particular with regard to the school enrolment and attendance rates.

Article 3. Hazardous work. In its previous comments, the Committee noted that Order No. 539/ITLS/HV of 29 July 1954 on child labour was to be revised. In this respect, the Government indicated that all the texts for the application of the new Labour Code had been prepared. The Committee asked the Government to send copies of the orders once they were adopted. Noting the Government’s indication that the legislative texts giving effect to the Labour Code, in particular the one relating to hazardous work, will be sent to the Office once they are adopted, the Committee again sincerely hopes that these texts will be adopted as soon as possible and will be in conformity with Article 3 of the Convention. It asks the Government to send copies of them once they are adopted.

Article 7, paragraphs 1 and 3. Age of admission to light work, identification of, and conditions of employment in, such work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 derogating from the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 and above for domestic work, light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons between 13 and 15 years of age and requested it to bring its legislation into conformity with the Convention. The Committee notes the Government’s information that measures will be taken to bring the legislation into conformity with this provision of the Convention and that it will revise Order No. 545/IGTLS/HV of 2 August 1954. The Committee hopes that the revision of this order will take place as soon as possible and that it will give full effect to Article 7, paragraph 1, of the Convention, authorizing employment in light work only for children between 13 and 15 years of age. It asks the Government to supply information on all further developments in this respect. The Committee takes the opportunity to draw the Government’s attention to Article 7, paragraph 3, of the Convention, which provides that the competent authority will determine the activities in which light work may be authorized, and will prescribe the duration in hours and the conditions of employment or work concerned. 

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1. 1. Minimum age for admission to employment or work. In its previous comments, the Committee requested the Government to indicate the measures taken to raise to 15 years the minimum age for admission to employment set out in the legislation and to amend the other applicable texts. The Committee notes the Government’s indication that the new Labour Code has established a minimum age for admission to employment of 15 years.

2. Scope of application. The Committee noted that the Labour Code appeared to exclude from its scope work performed outside an employment relationship (section 1). However, according to the activity report of the IPEC National Programme in Burkina Faso in 2001, the majority of child workers are in agriculture and animal husbandry, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, sales girls and apprentices. The Committee requested the Government to indicate the measures taken or envisaged to extend the application of the Convention to work performed outside an employment relationship or in the informal sector. The Committee notes the Government’s indication according to which the applicable texts, including the new Labour Code, also apply to workers in the informal sector, to apprentices, domestic workers and sales persons, if the concerned parties lodge a complaint to the labour inspection services. It notes that these complaints will be taken into account, apart from the case of children working in gold washing who do not lodge complaints. The Committee also notes the Government’s indication that Decree No. 77-311 and its amending texts govern household workers including domestic workers. It requests the Government to provide a copy of the provisions governing the minimum age for admission to self-employment, such as the work of children on their own account.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, in accordance with section 2 of Act No. 13/96/ADP of 9 May 1996 issuing the Education Guidance Act, compulsory schooling covers the period from 6 to 16 years. This provision adds that no child shall be excluded from the educational system until he or she has reached the age of 16, where the infrastructure, equipment, human resources and school regulations in force so permit. The Committee noted that in its report to the United Nations Committee on the Rights of the Child, the Government indicates that 49 per cent of the population is under 15 years of age and that it has set itself the objective of raising the school enrolment rate for girls from 50 to 60 per cent (CRC/C/65/
Add.18, paragraphs 7 and 9). The Committee requested the Government to provide information on developments on the school enrolment rate in the country. The Committee notes that the Government’s report contains no information on this point. It therefore once again requests the Government to provide information on developments on the school enrolment rate.

Article 3. Hazardous work. The Committee noted that the provisions of Order No. 539/ITLS/HV of 29 July 1954 respecting child labour were due to be revised. It requested the Government to provide a copy of this text when it had been revised. The Committee notes the information contained in the Government’s report, according to which all the implementing provisions of the new Labour Code have been drawn up and will be in force once adopted. It also notes the Government’s indication that consultations of employers and workers during the determination of types of work likely to jeopardize the health, safety and morals of young persons, take place through the National Technical Safety and Health Committee, the competent national tripartite body. The Committee hopes that implementing provisions of the Labour Code determining the types of hazardous work will be adopted shortly and will be in conformity with Article 3 of the Convention. It requests the Government to provide a copy thereof once adopted.

Article 7. Light work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 derogating from the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 and above for domestic work, light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons from 13 to 15 years of age. It therefore requested the Government to bring its legislation into conformity with this provision of the Convention by raising the minimum age for admission to light work to 13 years. The Committee also noted that section 6 of this Order empowers the labour inspector and labour laws to withdraw the employment permit accorded under the present Order in the case of any establishment in which it is proven that children under 14 years employed in the establishment are assigned to work that is not commensurate with their physical strength or is harmful to their health, endangers their safety or may jeopardize their morals. The Committee requested the Government to indicate the criteria used by inspectors to assess the extent to which the work performed is proportional, not prejudicial or harmful with a view to ensuring that it is not likely to jeopardize the health or development of persons aged between 13 and 15 years. The Committee notes the information contained in the Government’s report, according to which labour inspectors are assisted by resource persons, who are specialists in the domain, in order to assess the extent to which the work performed by children of between 13 and 15 years of age is proportional, not prejudicial or harmful. However, the Committee notes that the Government’s report contains no information on raising the minimum age for admission to light work from 12 to 13 years. It accordingly requests the Government once again to bring its legislation into conformity with this provision of the Convention by raising the minimum age for admission to light work to 13 years.

Article 7, paragraph 2. Light work and compulsory schooling. In its previous comments, the Committee noted that under section 2 of Order No. 545/IGTLS/HV of 2 August 1954, children under 14 years of age attending a public or private educational establishment may not be employed during school term periods. The Committee deduced that children over 14 years of age may be employed during such periods. However, it reminded the Government that the Convention only allows such an exemption for persons of at least 15 years of age who have not yet completed their compulsory schooling. The Committee requested the Government to take the necessary measures so that the national legislation guarantees that persons under 15 years, and no longer 14, who have not yet completed their compulsory schooling enjoy conditions of work that are not likely to be harmful to their health or development and are not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee notes the Government’s statement that Act No. 33-2004/AN of 14 September 2004 issuing the new Labour Code has taken account of this issue. It requests the Government to provide a copy of the relevant provisions on this matter, and to indicate if they have entered into force.

Article 8. Artistic performances. The Committee noted that, according to the Government’s reports, no recourse had been had to the provisions of this Article of the Convention. However, it noted that section 26 of Order No. 539/ITLS/HV of 29 July 1954 respecting child labour authorizes the employment of children under 16 years of age in public performances given in theatres, ballrooms, cinemas, cafés or circuses, involving hazardous feats of strength or contortion. The Committee reminded the Government that, in accordance with this provision of the Convention, the exception allowed is only authorized in individual cases and must be covered by rules concerning the number of hours and conditions under which it is carried out. The Committee requested the Government to provide information on these public performances with an indication, in addition to the rules concerning the conditions for granting permits in individual cases and the duration of such activities, of the manner in which health protection is taken into account. The Committee notes the Government’s information that this matter has not yet been specifically regulated. The Committee once again requests the Government to provide information on the application in practice of public performances, and to continue to furnish information on the specific rules to be adopted in conformity with the requirements of Article 8 of the Convention.

Article 9, paragraph 1. Penalties. The Committee noted the Government’s indication that the review of the Labour Code will take into account the requirements set out in this Article. It requested the Government to provide information on the action taken, including the appropriate penalties, with a view to ensuring the effective enforcement of the provisions of the Convention. The Committee notes that the Government’s report contains no further information on this point. It therefore requests the Government to indicate whether Act No. 33 2004/AN of 14 September 2004 issuing the new Labour Code contains provisions which satisfy the requirements of Article 9, paragraph 1, of the Convention, and to communicate a copy thereof. If not, it once again requests the Government to indicate the measures taken or envisaged, including the appropriate penalties, with a view to ensuring the effective enforcement of the provisions of the Convention.

Part V of the report form. In its previous comments, the Committee had noted that, according to the estimates of the International Labour Office, 51 per cent of children aged between 10 and 14 are engaged in economic activity (activity report of the IPEC National Programme in Burkina Faso, No. 4, covering the period up to August 2001). The Committee expresses its concern about the actual situation of young children in Burkina Faso who are compelled to work. It strongly invites the Government to redouble its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the measures taken or envisaged, and 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 inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in its report, and notes with interest the adoption of Act No. 33-2004/AN of 14 September 2004 issuing the new Labour Code. It requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously observed that a national plan of action on child labour and a project to contribute to the abolition of child labour had been prepared in the country. The Committee invited the Government to provide detailed information on the development of policies and methods designed to reduce and eliminate child labour. It requests the Government to continue to provide information on this point, as well as on results attained.

Article 2, paragraph 1. 1. Minimum age for admission to employment or work. In its previous comments, the Committee requested the Government to indicate the measures taken to raise to 15 years the minimum age for admission to employment set out in the legislation and to amend the other applicable texts. The Committee notes the Government’s indication that the new Labour Code has established a minimum age for admission to employment of 15 years. It requests the Government to indicate if Act No. 33-2004/AN issuing the new Labour Code has entered into force, and to provide a copy of this text.

2. Scope of application. The Committee noted that the Labour Code appeared to exclude from its scope work performed outside an employment relationship (section 1). However, according to the activity report of the IPEC National Programme in Burkina Faso in 2001, the majority of child workers are in agriculture and animal husbandry, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, sales girls and apprentices. The Committee requested the Government to indicate the measures taken or envisaged to extend the application of the Convention to work performed outside an employment relationship or in the informal sector. The Committee notes the Government’s indication according to which the applicable texts, including the new Labour Code, also apply to workers in the informal sector, to apprentices, domestic workers and sales persons, if the concerned parties lodge a complaint to the labour inspection services. It notes that these complaints will be taken into account, apart from the case of children working in gold washing who do not lodge complaints. The Committee also notes the Government’s indication that Decree No. 77-311 and its amending texts govern household workers including domestic workers. It requests the Government to furnish a copy of this text, as well as a copy of the provisions governing the minimum age for admission to self-employment, such as the work of children on their own account.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, in accordance with section 2 of Act No. 13/96/ADP of 9 May 1996 issuing the Education Guidance Act, compulsory schooling covers the period from 6 to 16 years. This provision adds that no child shall be excluded from the educational system until he or she has reached the age of 16, where the infrastructure, equipment, human resources and school regulations in force so permit. The Committee noted that in its report to the United Nations Committee on the Rights of the Child, the Government indicates that 49 per cent of the population is under 15 years of age and that it has set itself the objective of raising the school enrolment rate for girls from 50 to 60 per cent (CRC/C/65/Add.18, paragraphs 7 and 9). The Committee requested the Government to provide information on developments on the school enrolment rate in the country. The Committee notes that the Government’s report contains no information on this point. It therefore once again requests the Government to provide information on developments on the school enrolment rate.

Article 3. Hazardous work. The Committee noted that the provisions of Order No. 539/ITLS/HV of 29 July 1954 respecting child labour were due to be revised. It requested the Government to provide a copy of this text when it had been revised. The Committee notes the information contained in the Government’s report, according to which all the implementing provisions of the new Labour Code have been drawn up and will be in force once adopted. It also notes the Government’s indication that consultations of employers and workers during the determination of types of work likely to jeopardize the health, safety and morals of young persons, take place through the National Technical Safety and Health Committee, the competent national tripartite body. The Committee hopes that implementing provisions of the Labour Code determining the types of hazardous work will be adopted shortly and will be in conformity with Article 3 of the Convention. It requests the Government to provide a copy thereof once adopted.

Article 7. Light work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 derogating from the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 and above for domestic work, light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons from 13 to 15 years of age. It therefore requested the Government to bring its legislation into conformity with this provision of the Convention by raising the minimum age for admission to light work to 13 years. The Committee also noted that section 6 of this Order empowers the labour inspector and labour laws to withdraw the employment permit accorded under the present Order in the case of any establishment in which it is proven that children under 14 years employed in the establishment are assigned to work that is not commensurate with their physical strength or is harmful to their health, endangers their safety or may jeopardize their morals. The Committee requested the Government to indicate the criteria used by inspectors to assess the extent to which the work performed is proportional, not prejudicial or harmful with a view to ensuring that it is not likely to jeopardize the health or development of persons aged between 13 and 15 years. The Committee notes the information contained in the Government’s report, according to which labour inspectors are assisted by resource persons, who are specialists in the domain, in order to assess the extent to which the work performed by children of between 13 and 15 years of age is proportional, not prejudicial or harmful. However, the Committee notes that the Government’s report contains no information on raising the minimum age for admission to light work from 12 to 13 years. It accordingly requests the Government once again to bring its legislation into conformity with this provision of the Convention by raising the minimum age for admission to light work to 13 years.

Article 7, paragraph 2. Light work and compulsory schooling. In its previous comments, the Committee noted that under section 2 of Order No. 545/IGTLS/HV of 2 August 1954, children under 14 years of age attending a public or private educational establishment may not be employed during school term periods. The Committee deduced that children over 14 years of age may be employed during such periods. However, it reminded the Government that the Convention only allows such an exemption for persons of at least 15 years of age who have not yet completed their compulsory schooling. The Committee requested the Government to take the necessary measures so that the national legislation guarantees that persons under 15 years, and no longer 14, who have not yet completed their compulsory schooling enjoy conditions of work that are not likely to be harmful to their health or development and are not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee notes the Government’s statement that Act No. 33-2004/AN of 14 September 2004 issuing the new Labour Code has taken account of this issue. It requests the Government to provide a copy of the relevant provisions on this matter, and to indicate if they have entered into force.

Article 8. Artistic performances. The Committee noted that, according to the Government’s reports, no recourse had been had to the provisions of this Article of the Convention. However, it noted that section 26 of Order No. 539/ITLS/HV of 29 July 1954 respecting child labour authorizes the employment of children under 16 years of age in public performances given in theatres, ballrooms, cinemas, cafés or circuses, involving hazardous feats of strength or contortion. The Committee reminded the Government that, in accordance with this provision of the Convention, the exception allowed is only authorized in individual cases and must be covered by rules concerning the number of hours and conditions under which it is carried out. The Committee requested the Government to provide information on these public performances with an indication, in addition to the rules concerning the conditions for granting permits in individual cases and the duration of such activities, of the manner in which health protection is taken into account. The Committee notes the Government’s information that this matter has not yet been specifically regulated. The Committee once again requests the Government to provide information on the application in practice of public performances, and to continue to furnish information on the specific rules to be adopted in conformity with the requirements of Article 8 of the Convention.

Article 9, paragraph 1. Penalties. The Committee noted the Government’s indication that the review of the Labour Code will take into account the requirements set out in this Article. It requested the Government to provide information on the action taken, including the appropriate penalties, with a view to ensuring the effective enforcement of the provisions of the Convention. The Committee notes that the Government’s report contains no further information on this point. It therefore requests the Government to indicate whether Act No. 33-2004/AN of 14 September 2004 issuing the new Labour Code contains provisions which satisfy the requirements of Article 9, paragraph 1, of the Convention, and to communicate a copy thereof. If not, it once again requests the Government to indicate the measures taken or envisaged, including the appropriate penalties, with a view to ensuring the effective enforcement of the provisions of the Convention.

Part V of the report form. In its previous comments, the Committee had noted that, according to the estimates of the International Labour Office, 51 per cent of children aged between 10 and 14 are engaged in economic activity (activity report of the IPEC National Programme in Burkina Faso, No. 4, covering the period up to August 2001). The Committee expresses its concern about the actual situation of young children in Burkina Faso who are compelled to work. It strongly invites the Government to redouble its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the measures taken or envisaged, and 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 inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its first and second reports. It notes that the current review of the Labour Code is designed to bring its provisions into conformity with those of the Convention. It also notes that Order No. 539/ITLS/HV of 29 July 1954 respecting child labour has to be revised to take into account the requirements of the Convention. The Committee requests the Government to provide information on the progress made in the revision of the Labour Code and in bringing the other legislative texts into line with the provisions of the Convention. It requests the Government to provide additional information on the following points.

Article 1 of the Convention. National policy. The Committee takes note with interest of the signature of a Memorandum of Understanding (MOU) with IPEC in 1999. It notes that a national plan of action on child labour and a project to contribute to the abolition of child labour have been prepared in the country where, according to the estimates of the International Labour Office, 51 per cent of children aged between 10 and 14 are engaged in an economic activity (activity report of the IPEC National Programme in Burkina Faso, No. 4, covering the period up to August 2001). The Committee invites the Government to provide detailed information on the development of policies and methods in relation to minimum age.

Article 2, paragraph 1. 1. Minimum age. While noting the information provided by the Government in its reports concerning the review that is being undertaken of the Labour Code to take into account the requirements of the Convention, the Committee notes that the minimum age for admission to employment or work specified in the declaration appended to the Government’s ratification is 15 years, whereas sections 15 and 87 of the Labour Code refer to a minimum age of 14 years. It requests the Government to indicate the measures taken to raise to 15 years the minimum age for admission to employment set out in the legislation and to amend the other applicable texts, including Order No. 539/ITLS/HV of 29 July 1954 respecting child labour and Order No. 545/IGTLS/HV of 2 August 1954 derogating from the minimum age for admission to employment.

2. Scope of application. The Committee notes that the Labour Code appears to exclude from its scope work performed outside an employment relationship (section 1). However, according to the activity report of the IPEC National Programme in Burkina Faso in 2001, the majority of child workers are in agriculture and animal husbandry, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, sales girls and apprentices. The Committee requests the Government to indicate the measures adopted or envisaged to extend the application of the Convention to work performed outside an employment relationship or in the informal sector.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, in accordance with section 2 of Act No. 13/96/ADP of 9 May 1996 issuing the Education Guidance Act, compulsory schooling covers the period from 6 to 16 years. This provision adds that no child shall be excluded from the educational system until she or he has reached the age of 16, where the infrastructure, equipment, human resources and school regulations in force so permit. The Committee notes that in its report to the United Nations Committee on the Rights of the Child, the Government indicates that 49 per cent of the population is under 15 years of age and that it has set itself the objective of raising the school enrolment rate for girls from 50 to 60 per cent (CRC/C/65/Add.18, paragraphs 7 and 9). The Committee requests the Government to provide information on developments in the school enrolment rate in the country.

Article 3. Hazardous work. The Committee notes that the provisions of Order No. 539/ITLS/HV of 29 July 1954 respecting child labour are due to be revised. It requests the Government to provide a copy of this text when it has been revised. In the meantime, it notes that section 1 of the Order provides that, in establishments of whatsoever nature, agricultural, commercial or industrial, public or private, lay or religious, even where these establishments are by nature devoted to vocational teaching or welfare, including family enterprises or at the residences of private individuals, it is prohibited to employ children of either sex under the age of 18 years in work exceeding their strength, likely to be hazardous or which, by its nature or the conditions in which it is performed, is likely to be prejudicial to their morals. However, the Committee notes that certain provisions of the Order are not in conformity with the Convention; sections 19 and 21 (hazardous tools); sections 23-26 (hazardous work prohibited for persons under 16 years); and schedule B (establishments in which the employment of children under 18 years of age is authorized under certain conditions). The Committee also notes, with regard to underground work, that in accordance with sections 15 and 16 of the Order, as from 14 years of age, children may carry, drag or push loads the weight of which is determined as a function of the age and sex of the child, and that male children of at least 16 years of age can be employed in underground and opencast mines and quarries on the lightest work, such as the sorting and unloading of minerals, moving and tipping trucks within the limits of determined weights, and supervising or operating ventilation outlets. The Committee also notes that, under section 17 of the Order, children aged between 16 and 18 years may be engaged in actual mining work as assistants or apprentices. It notes that the legislation does not contain measures, in accordance with Article 3, paragraph 3, of the Convention to protect their health, safety and morals or to ensure that they have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee requests the Government to take the necessary measures to comply with the prohibition of hazardous types of employment or work for persons under 18 years of age (Article 3, paragraph 1), or the authorization of such types of work or employment from the age of 16 years, in so far as the necessary requirements are respected (Article 3, paragraph 3), particularly with regard to the employment of male children under 16 years of age in underground galleries, underground and opencast mines and quarries, as well as work by persons under 18 years of age as fully fledged miners.

Finally, the Committee notes that the provisions of the Order were adopted nearly 50 years ago. It draws the Government’s attention to Paragraph 10(2) of Recommendation No. 146, which calls upon governments to re-examine periodically and revise as necessary the list of the types of employment or work covered by Article 3 of the Convention, particularly in the light of advancing scientific and technological knowledge.

The Committee also notes section 87 of the Labour Code which provides that a decree issued by the Council of Ministers, after consultation with the Advisory Labour Commission, shall determine the nature of the work and the categories of enterprises prohibited for young persons and specify the age up to which this prohibition shall apply. It requests the Government to indicate whether such decrees have been adopted and, if so, to provide copies. Finally, the Committee requests the Government to provide information on the consultation of the organizations of employers and workers concerned in the determination in national legislation or by the competent authority of the types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons.

Article 7. Light work. The Committee notes that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 derogating from the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 and above for domestic work, light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminds the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons from 13 to 15 years of age. It therefore requests the Government to bring its legislation into conformity with this provision of the Convention by raising the minimum age for admission to light work to 13 years. The Committee notes that section 6 of this Order empowers the inspector of labour and labour legislation to withdraw the employment permit accorded under the present Order in the case of any establishment in which it is proven that children under 14 years employed in the establishment are assigned to work that is not commensurate with their physical strength or is harmful to their health, endangers their safety or may jeopardize their morals. The Committee requests the Government to indicate the criteria used by inspectors to assess the extent to which the work performed is proportional, prejudicial or harmful with a view to ensuring that it is not likely to jeopardize the health or development of persons aged between 13 and 15 years.

Article 7, paragraph 2. The Committee notes that under section 2 of Order No. 545/IGTLS/HV of 2 August 1954, children under 14 years of age attending a public or private educational establishment may not be employed during school term periods. The Committee deduces that children over 14 years of age may be employed during such periods. However, it reminds the Government that the Convention only allows such an exemption for persons of at least 15 years of age who have not yet completed their compulsory schooling. The Committee requests the Government to take the necessary measures so that the national legislation guarantees that persons under 15 years, and no longer 14, who have not yet completed their compulsory schooling enjoy conditions of work that are not likely to be harmful to their health or development and are not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

Article 8. Artistic performances. The Committee notes that, according to the Government’s reports, no recourse has been had to the provisions of this Article of the Convention. However, it notes that section 26 of Order No. 539/ITLS/HV of 29 July 1954 respecting child labour authorizes the employment of children under 16 years of age in public performances given in theatres, ballrooms, cinemas, cafés or circuses, involving hazardous feats of strength or contortion. The Committee reminds the Government that, in accordance with this provision of the Convention, the exception allowed is only authorized in individual cases and must be covered by rules concerning the number of hours and conditions under which it is carried out. The Committee requests the Government to provide information on these public performances with an indication, in addition to the rules concerning the conditions for granting permits in individual cases and the duration of such activities, the manner in which health protection is taken into account.

Article 9, paragraph 1. The Committee notes the Government’s indication in its reports that the review of the Labour Code will take into account the requirements set out in this Article. It requests the Government to provide information on the action taken, including the appropriate penalties, with a view to ensuring the effective enforcement of the provisions of the Convention.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.