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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s reference in its report to the revision of the Labour Code and its indication that it is requesting ILO technical assistance in connection with the revision of the Code.

The Committee also notes the Government’s indications that efforts are being made to eliminate child labour through the adoption of the “National policy for the promotion and protection of the rights and well-being of children in Guinea” (PNPDBE). The Committee requests the Government to provide detailed information on the measures taken and their impact on the abolition of child labour in the context of the PNPDBE. It also requests the Government to send a copy of the aforementioned policy. The Committee hopes that ILO technical assistance will be provided without delay.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(1) of the Convention. Scope of application and labour inspection. Further to its previous comments, the Committee notes the Government’s reference in its report to the adoption of Decree No. D/2022/0265/PRG/SGG regulating the powers and structure of the labour inspectorate. The Government also indicates that the 152 active employees of the labour inspectorate have carried out inspections, mainly focused on urban areas, and that a systematic control mission was conducted in 2022, directed by the labour inspectorate with the participation of the Directorate-General of Labour, the National Directorate of Labour, Employment and Social Legislation, the Department of Occupational Medicine, the National Social Security Fund, and the Guinean Employment Promotion Agency.

In this regard, the Committee notes the Government’s indication that proposals are under way regarding the application of the provisions of section 513.5 of the Labour Code with a view to ensuring the permanence of the human, financial and material resources needed by the labour inspectorate to discharge its duties.

The Committee notes that the Government will soon conduct training for labour inspectors and controllers with regard to combating child labour and the worst forms thereof, with technical and financial support from UNICEF. The Committee strongly encourages the Government to continue strengthening the capacities of the labour inspectorate so that it can undertake adequate supervision and detection activities with regard to children engaged in child labour. To this end, the Committee once again requests the Government to provide information on the implementation in practice of inspections by labour inspectors with regard to child labour, including information on the number of violations recorded and extracts from labour inspection reports.

Article 2(3). Age of completion of compulsory schooling. The Committee duly notes the adoption of the new Children’s Code 2019. The Committee notes with satisfaction that section 39 of the new Children’s Code 2019 provides that it is compulsory for children to attend school until the age of 16 years, and section 921 prohibits children in compulsory schooling from being employed during school hours. Section 920 also indicates that any person employing a child during school hours shall be liable to a fine of 500,000 to 1 million Guinean francs. The Committee encourages the Government to take steps to ensure the practical application of the age of completion of compulsory schooling.

Article 7(1). Minimum age for admission to light work. The Committee notes that section 932 of the new Children’s Code 2019 sets the age for admission to light work at 12 years, as do sections 5–7 of Order No. 2791/MTASE/DNTLS/96 on child labour. In this regard, the Committee once again recalls that under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work which is: (a) not likely to be harmful to their health or development; and (b) 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 once again urges the Government to take the necessary steps to ensure that the minimum age for admission to light work prescribed in the legislation is 13 years and, accordingly, to make the appropriate amendments to section 932 of the Children’s Code and to sections 5–7 of Order No. 2791/MTASE/DNTLS/96 on child labour.

Article 7(3). Determination of light work, number of hours and conditions in which light work may be undertaken. The Committee previously noted the Government’s indication that section 19 of the Bill which will prescribe working hours and conditions of employment or work for light work provides that for children between 11 and 14 years of age, the working time may not exceed eight hours per day, the work must be carried out between 8 a.m. and 9 p.m., and a half-hour uninterrupted rest break must be provided every four hours. The Committee previously emphasized that any work that may extend to eight hours per day, irrespective of the type of work performed or the conditions in which it is undertaken, does not constitute “light work”.

The Committee observes that section 929 of the Children’s Code 2019 prescribes the maximum loads authorized for young workers under 18 years of age, without indicating working hours and conditions of employment or work for children. It also once again notes the absence of information from the Government regarding the amendment of section 19 of the Bill. The Committee requests the Government to ensure that the amendment of section 19 will guarantee that the number of hours and conditions of employment for children working from the age of 13 years meet the requirements of the Convention for light work. The Committee requests the Government to provide information in this regard.

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

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

Article 7(1) of the Convention. Minimum age for admission to light work. The Committee previously noted that the provisions of the Child Labour Order established the possibility of engaging young persons between 12 and 14 years of age as workers or apprentices, subject to the authorization of the labour inspector and the written consent of the parent or guardian, for the following types of work: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or childminder; picking, gathering or sorting work performed in agricultural undertakings; and light work of a non-industrial nature. The Committee also noted that section 419 of the Children’s Code of 2008 uses the same terms as section 5 of the Child Labour Order in relation to the minimum age of 12 years for admission to certain types of light work. The Committee noted the Government’s indication that it had introduced a bill which would take into account the requirements of Article 7 of the Convention but section 19 of the bill refers to the conditions of work of children aged 11–14 years or who are still subject to full time compulsory schooling. The Committee noted that the Government has specified a minimum age of 16 years for admission to employment or work and that children can therefore only undertake light work as from the age of 13 years.

The Committee notes that the Government has not provided any information on this matter. It recalls that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years of age on light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational training or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee urges the Government to take the necessary measures to ensure that the minimum age for admission to light work prescribed in the legislation is 13 years and, accordingly, to make the appropriate amendments to section 419 of the Children’s Code, to sections 5–7 of the Child Labour Order and to the relevant provisions of the bill under preparation. The Committee also requests the Government to provide information on progress achieved in the preparation and adoption of the bill that is due to take account of all the requirements of Article 7 of the Convention.

Article 7(3). Determination of light work and the hours of work and the conditions in which light work may be undertaken. In its previous comments, the Committee noted that the Child Labour Order determined the maximum weights for loads which young workers under 18 years of age are authorized to handle. The Government indicated that section 19 of the bill, which would prescribe the number of hours during which, and the conditions in which, employment or work may be undertaken, provides that, for children between 11 and 14 years of age engaged in the transport of the loads specified above or other types of work, “the hours of work may not exceed eight hours a day and the work must be carried out between 8 a.m. and 9 p.m. Every four hours, a half-hour of uninterrupted rest must be provided”. The Committee emphasized that any work that may extend to eight hours per day, irrespective of the type of work performed or the conditions in which it is undertaken, does not constitute “light work”.

The Committee notes that the Government has not provided any information on this matter. It recalls that under Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), in order to give effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework related thereto), for rest during the day and for leisure activities. The Committee therefore requests the Government to take the necessary steps to amend section 19 of the bill so as to ensure that the hours of work and the conditions in which work may be undertaken by children as from the age of 13 years do actually constitute light work. It requests the Government to provide information on progress made in this regard.

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

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

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

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

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

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the Government’s indication that compulsory schooling in Guinea was only imposed for primary school, namely up to the age of 13 years. However, the Committee observed that the minimum age for admission to work specified by Guinea when ratifying the Convention was 16 years. The Committee noted that, despite the significant progress achieved in relation to school attendance and equity in education, a considerable number of children who had not yet reached the minimum age for admission to employment still did not attend or had ceased to attend school and that, in parallel, the proportion of economically active children was rising with age. In this regard, the Committee noted that, according to the 2014 UCW report, the attendance gap between working and non-working children is particularly pronounced in Guinea (22 percentage points).

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

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

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

Article 7(1) of the Convention. Minimum age for admission to light work. The Committee previously noted that section 5 of the Child Labour Order provides that the age of admission to apprenticeship, which is set at 14 years, may, with the authorization of the labour inspector, be reduced to 12 years for the following types of work: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or childminder; picking, gathering or sorting work performed in agricultural undertakings; and light work of a non-industrial nature. The Committee also noted that section 6 of the Child Labour Order allows the employment of young workers from 12 to 14 years of age, if the work is carried out in accordance with section 5 referred to above, and that a list must be submitted to the labour inspector within eight days, specifying the name of each worker, the nature of the work and the corresponding remuneration. Furthermore, section 7 of the Child Labour Order requires the written consent of the parent or guardian in the case of the employment of children aged from 12 to 14 years. The Committee further noted that section 419 of the Children’s Code of 2008 uses the same terms as section 5 of the Child Labour Order in relation to the minimum age of 12 years for admission to certain types of light work.

The Committee reminded the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years on light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational training or training programmes approved by the competent authority or their capacity to benefit from the instruction received. In this regard, the Committee noted the Government’s indication that it had introduced a bill which would take into account the requirements of Article 7 of the Convention.

The Committee notes the Government’s indication that this bill has been prepared and is awaiting submission to the Advisory Committee on Labour and Social Legislation. According to the Government, section 19 of the bill refers to the conditions of work of children aged from 11 to 14 years inclusive or who are still subject to full-time compulsory schooling. The Committee notes once again that, as the Government has specified a minimum age of 16 years for admission to employment or work, children can only undertake light work as from the age of 13 years. The Committee urges the Government to take measures to ensure that the minimum age for admission to light work prescribed in the legislation is 13 years and, to this end, to make the appropriate amendments to section 419 of the Children’s Code, to sections 5 to 7 of the Child Labour Order and to the relevant provisions of the bill under preparation. The Committee also requests that the Government provide information on the progress achieved in the preparation and adoption of the bill that is to take into account all the requirements of Article 7 of the Convention.

Article 7(3). Determination of light work and the hours of work and the conditions in which light work may be undertaken. The Committee previously noted that, under section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull or push, either inside or outside undertakings, loads heavier than the following weights: (1) 10 kg in the case of loads carried by boys aged from 14 to 15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by handcart by boys aged from 14 to 15 years; and (3) 40 kg (including the vehicle) in the case of transport by two-, three-, or four-wheeled trucks by boys. The Committee recalled that, under the terms of Article 7(3) of the Convention, the competent authority shall not only determine the activities in which light employment or work may be permitted, but shall also prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It asked the Government to identify the provisions which prescribe the hours of work and the conditions in which light work may be undertaken.

The Committee notes that, according to the Government, section 19 of the bill, which will prescribe the number of hours during which, and the conditions in which employment or work may be undertaken, provides that, for children between 11 and 14 years of age engaged in the transport of the loads specified above or other types of work, “the hours of work may not exceed eight hours a day and the work must be carried out between 8 a.m. and 9 p.m. Every four hours, a half hour of uninterrupted rest must be provided.” The Committee is of the view that any work that may extend to eight hours per day, irrespective of the type of work performed or the conditions in which it is undertaken, does not constitute “light work”. It draws the Government’s attention to Paragraph 13(b) of the Minimum Age Recommendation, 1973 (No. 146), where it is explained that, in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework related thereto), for rest during the day and for leisure activities. The Committee therefore requests that the Government take the necessary steps to amend section 19 of the bill so as to ensure that the hours of work and the conditions in which work may be undertaken by children as from the age of 13 years do effectively constitute light work. It requests the Government to provide information on the progress achieved in this regard.

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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes that the Government’s report does not contain information on the adoption of a national policy designed to ensure the effective abolition of child labour.

The Committee notes the report on the National Survey on Child Labour and Trafficking (ENTE) in Guinea of November 2011, which was conducted in collaboration with ILO–IPEC–SIMPOC and the National Institute of Statistics of Guinea. The Committee notes with deep concern that, according to the ENTE, out of a total of 3,561,160 children between the ages of 5 and 17 years, 43 per cent are economically active and 40.1 per cent (that is 93.2 per cent of the economically active children) are engaged in types of work that are to be abolished, that is work that is likely to jeopardize their school attendance, health or development. Furthermore, 33 per cent of children between the ages of 5 and 11 years and 50.2 per cent of children aged between 12 and 15 years are engaged in types of work to be abolished. Of these, 76.2 per cent of children between 5 and 11 years and 88.2 per cent of children between 12 and 15 years of age perform hazardous types of work. The ENTE also indicates that the proportion of children engaged in types of work that are to be abolished is higher in rural areas (47.5 per cent) than in urban areas (24 per cent). Observing that a significant number of children work under the minimum age for admission to work of 16 years, particularly in hazardous conditions, and in view of the absence of a national policy designed to ensure the abolition of child labour, the Committee firmly requests the Government to take the necessary measures to ensure the adoption of such a policy, paying particular attention to children in rural areas. The Committee requests the Government to provide information on the progress achieved in this respect.

Article 2(1). Scope of application. The Committee noted previously that under the terms of section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), the law applies to workers and employers exercising their professional activity in Guinea. The Committee observed that pursuant to this provision the Labour Code only applies to employment relationships.

The Committee notes the Government’s indication that the new Children’s Code (Act No. L/2008/011/AN), adopted on 19 August 2008, protects all children, including those who are not bound by an employment relationship. The Committee however observes that section 412 provides that it is prohibited for an employer to cause a child under 16 years of age to perform work without having first obtained the consent of the person exercising parental authority. The Committee therefore notes that the Children’s Code only appears to impose a minimum age for admission to employment on employers, without addressing situations in which children work on their own account. Nonetheless the Committee observes that, according to the ENTE, 6 per cent of children between 5 and 17 years of age who are economically active in Guinea, or approximately 91,940 children, work on their own account. Recalling that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated, the Committee requests the Government to take the necessary measures to ensure that children who are not bound by an employment relationship benefit from the protection afforded by the Convention, particularly by strengthening the means available to the labour inspection services to monitor the situation of children under the age of 18 years of age engaged on their own account.

Article 2(3). Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s indication that compulsory schooling in Guinea is only imposed for primary school, that is up to the age of 13 years. However, the Committee observes that the minimum age for admission to work specified by Guinea when ratifying the Convention is 16 years.

The Committee notes that, according to the information contained in the report on the ENTE, significant progress has been achieved in relation to school attendance and equity in education, and remarkable efforts have been made to progressively realize the objective of primary education for all. The Committee notes the detailed statistics provide by the Government concerning the school attendance rates in Guinea. It observes that the gross school enrolment rate for children between the ages of 7 and 12 years has been increasing progressively since 1999, rising from 59.5 per cent to 77.5 per cent in 2008–09.

However, the Committee observes that a considerable number of children who have not yet reached the minimum age for admission to employment still do not attend or have ceased to attend school and that, in parallel, the proportion of economically active children rises with age. Indeed, the report on the ENTE shows that those solely engaged in work or who combine work and studies account for 36.1 per cent of children between the ages 6 and 11 years, 55.6 per cent of those aged between 12 and 15 years and 61.2 per cent of children between 16 and 17 years of age.

While noting the progression in the school enrolment rates, particularly at the primary level, the Committee underlines the need for the age for admission to employment or work to be linked to the age at which compulsory education comes to an end. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see the General Survey on the fundamental Conventions concerning rights at work, paragraph 371). The Committee therefore considers that it is desirable to raise the age of completion of compulsory schooling so that it coincides with the minimum age for access to employment, as envisaged in Paragraph 4 of Recommendation No. 146. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures to make education compulsory up to the minimum age for admission to employment, that is 16 years. It once again requests the Government to provide a copy of the national legislation on education. The Committee also requests the Government to continue taking measures to raise the school attendance rates of children under 16 years of age. It further requests the Government to provide information on the progress achieved in this respect.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 3 of the Child Labour Order provides that it is prohibited to employ young workers under 16 years of age in certain types of hazardous work. It reminded the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee noted that section 3 of the Child Labour Order does not require these two conditions (namely health protection and training) to be met prior to authorizing the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of hazardous tasks by young persons from 16 to 18 years of age is only authorized as prescribed by Article 3(3) of the Convention.

The Committee notes the Government’s indication that the Ministry of Labour and the Public Service has initiated a Bill on trafficking and the worst forms of child labour, which will bring the national legislation into conformity with the provisions of Article 3(3) of the Convention. The Committee hopes that the Bill on trafficking and the worst forms of child labour will take into account the requirements of Article 3(3) of the Convention and requests the Government to provide information on the progress achieved in the preparation and adoption of this Bill.

Article 6. Apprenticeship. In its previous comments, the Committee reminded the Government that Article 6 of the Convention lays down rules for apprenticeship and allows work to be performed by persons of at least 14 years of age in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training.

The Committee notes that section 31 of the Labour Code provides that no one may be taken on as an apprentice who has not reached the age of at least 14 years. It notes the Government’s indication that the measures adopted to ensure that no person under 14 years of age is engaged in an apprenticeship are contained in the provisions of the Labour Code governing the conditions of the apprenticeship contract, namely sections 28–42. The Committee observes that these provisions relate, among other matters, to the duties of masters in relation to the protection of apprentices. The Committee once again requests the Government to provide information on apprenticeship programmes in practice.

Article 7. Light Work. 1. Domestic work or picking and gathering. The Committee noted previously that section 5 of the Child Labour Order provides that the age of admission to apprenticeship, which is set at 14 years, may, with the authorization of the labour inspector, be reduced to 12 years for the following types of work: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or child minder; picking, gathering or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also noted that section 6 of the Child Labour Order allows the employment of young workers from 12 to 14 years of age, if the work is carried out in accordance with section 5 referred to above, and that a list must be submitted to the labour inspector within eight days, specifying the name of each worker, the nature of the work and the corresponding remuneration. Furthermore, section 7 of the Child Labour Order requires the written consent of the parent or guardian in the case of the employment of children aged from 12 to 14 years.

However, the Committee reminded the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years on light work which is: (a) not likely to be harmful to their health or development; and (b) 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. Furthermore, under Article 7(3) of the Convention, the competent authority shall not only determine the activities in which light employment or work may be permitted, but shall also prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee observed that, as the Government had specified a minimum age of 16 years for admission to employment or work, children could only undertake light work as from the age of 13 years, and not 12 years. The Committee therefore requested the Government to provide information on the measures taken or envisaged to amend the provisions of the Child Labour Order so as to ensure that no one under the age of 13 years may undertake the light work. It also requested it to provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

The Committee notes the Government’s indication that it has introduced a Bill which will take into account the requirements of Article 7 of the Convention, as indicated above. However, the Committee observes that section 419 of the Children’s Code of 2008 uses the same terms as section 5 of the Child Labour Order in relation to the minimum age of 12 years for admission to certain types of light work. The Committee requests the Government to provide information in its next report on the progress achieved in the preparation of the Bill that is to take into account the requirements of Article 7 of the Convention. It requests the Government to indicate the provisions which address the minimum age for admission to light work, and those which prescribe the hours of work and the conditions under which light work may be undertaken, once the Bill has been adopted. The Committee also requests the Government to take the necessary measures to amend the provisions of the Child Labour Order referred to above, as well as section 419 of the Children’s Code, so as to ensure that no one under 13 years of age may perform light work.

2. Transport of loads. The Committee noted previously that, under section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull or push, either inside or outside of undertaking loads heavier than the following weights: (1) 10 kg in the case of loads carried by boys of 14–15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by hand cart by boys of 14–15 years; and (3) 40 kg (including the vehicle) in the case of transport by two-, three-, or four-wheeled trucks by boys.

The Committee notes the Government’s indication that the new Bill will prescribe the number of hours during which and the conditions in which boys may be employed or work in such activities. The Committee requests the Government to provide information on the progress achieved in the preparation of the Bill that is to take into account the requirements of Article 7 of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes that the Government’s report does not contain information on the adoption of a national policy designed to ensure the effective abolition of child labour.

The Committee notes the report on the National Survey on Child Labour and Trafficking (ENTE) in Guinea of November 2011, which was conducted in collaboration with ILO–IPEC–SIMPOC and the National Institute of Statistics of Guinea. The Committee notes with deep concern that, according to the ENTE, out of a total of 3,561,160 children between the ages of 5 and 17 years, 43 per cent are economically active and 40.1 per cent (that is 93.2 per cent of the economically active children) are engaged in types of work that are to be abolished, that is work that is likely to jeopardize their school attendance, health or development. Furthermore, 33 per cent of children between the ages of 5 and 11 years and 50.2 per cent of children aged between 12 and 15 years are engaged in types of work to be abolished. Of these, 76.2 per cent of children between 5 and 11 years and 88.2 per cent of children between 12 and 15 years of age perform hazardous types of work. The ENTE also indicates that the proportion of children engaged in types of work that are to be abolished is higher in rural areas (47.5 per cent) than in urban areas (24 per cent). Observing that a significant number of children work under the minimum age for admission to work of 16 years, particularly in hazardous conditions, and in view of the absence of a national policy designed to ensure the abolition of child labour, the Committee firmly requests the Government to take the necessary measures to ensure the adoption of such a policy, paying particular attention to children in rural areas. The Committee requests the Government to provide information on the progress achieved in this respect.

Article 2(1). Scope of application. The Committee noted previously that under the terms of section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), the law applies to workers and employers exercising their professional activity in Guinea. The Committee observed that pursuant to this provision the Labour Code only applies to employment relationships.

The Committee notes the Government’s indication that the new Children’s Code (Act No. L/2008/011/AN), adopted on 19 August 2008, protects all children, including those who are not bound by an employment relationship. The Committee however observes that section 412 provides that it is prohibited for an employer to cause a child under 16 years of age to perform work without having first obtained the consent of the person exercising parental authority. The Committee therefore notes that the Children’s Code only appears to impose a minimum age for admission to employment on employers, without addressing situations in which children work on their own account. Nonetheless the Committee observes that, according to the ENTE, 6 per cent of children between 5 and 17 years of age who are economically active in Guinea, or approximately 91,940 children, work on their own account. Recalling that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated, the Committee requests the Government to take the necessary measures to ensure that children who are not bound by an employment relationship benefit from the protection afforded by the Convention, particularly by strengthening the means available to the labour inspection services to monitor the situation of children under the age of 18 years of age engaged on their own account.

Article 2(3). Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s indication that compulsory schooling in Guinea is only imposed for primary school, that is up to the age of 13 years. However, the Committee observes that the minimum age for admission to work specified by Guinea when ratifying the Convention is 16 years.

The Committee notes that, according to the information contained in the report on the ENTE, significant progress has been achieved in relation to school attendance and equity in education, and remarkable efforts have been made to progressively realize the objective of primary education for all. The Committee notes the detailed statistics provide by the Government concerning the school attendance rates in Guinea. It observes that the gross school enrolment rate for children between the ages of 7 and 12 years has been increasing progressively since 1999, rising from 59.5 per cent to 77.5 per cent in 2008–09.

However, the Committee observes that a considerable number of children who have not yet reached the minimum age for admission to employment still do not attend or have ceased to attend school and that, in parallel, the proportion of economically active children rises with age. Indeed, the report on the ENTE shows that those solely engaged in work or who combine work and studies account for 36.1 per cent of children between the ages 6 and 11 years, 55.6 per cent of those aged between 12 and 15 years and 61.2 per cent of children between 16 and 17 years of age.

While noting the progression in the school enrolment rates, particularly at the primary level, the Committee underlines the need for the age for admission to employment or work to be linked to the age at which compulsory education comes to an end. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see the General Survey on the fundamental Conventions concerning rights at work, paragraph 371). The Committee therefore considers that it is desirable to raise the age of completion of compulsory schooling so that it coincides with the minimum age for access to employment, as envisaged in Paragraph 4 of Recommendation No. 146. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures to make education compulsory up to the minimum age for admission to employment, that is 16 years. It once again requests the Government to provide a copy of the national legislation on education. The Committee also requests the Government to continue taking measures to raise the school attendance rates of children under 16 years of age. It further requests the Government to provide information on the progress achieved in this respect.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 3 of the Child Labour Order provides that it is prohibited to employ young workers under 16 years of age in certain types of hazardous work. It reminded the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee noted that section 3 of the Child Labour Order does not require these two conditions (namely health protection and training) to be met prior to authorizing the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of hazardous tasks by young persons from 16 to 18 years of age is only authorized as prescribed by Article 3(3) of the Convention.

The Committee notes the Government’s indication that the Ministry of Labour and the Public Service has initiated a Bill on trafficking and the worst forms of child labour, which will bring the national legislation into conformity with the provisions of Article 3(3) of the Convention. The Committee hopes that the Bill on trafficking and the worst forms of child labour will take into account the requirements of Article 3(3) of the Convention and requests the Government to provide information on the progress achieved in the preparation and adoption of this Bill.

Article 6. Apprenticeship. In its previous comments, the Committee reminded the Government that Article 6 of the Convention lays down rules for apprenticeship and allows work to be performed by persons of at least 14 years of age in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training.

The Committee notes that section 31 of the Labour Code provides that no one may be taken on as an apprentice who has not reached the age of at least 14 years. It notes the Government’s indication that the measures adopted to ensure that no person under 14 years of age is engaged in an apprenticeship are contained in the provisions of the Labour Code governing the conditions of the apprenticeship contract, namely sections 28–42. The Committee observes that these provisions relate, among other matters, to the duties of masters in relation to the protection of apprentices. The Committee once again requests the Government to provide information on apprenticeship programmes in practice.

Article 7. Light Work. 1. Domestic work or picking and gathering. The Committee noted previously that section 5 of the Child Labour Order provides that the age of admission to apprenticeship, which is set at 14 years, may, with the authorization of the labour inspector, be reduced to 12 years for the following types of work: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or child minder; picking, gathering or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also noted that section 6 of the Child Labour Order allows the employment of young workers from 12 to 14 years of age, if the work is carried out in accordance with section 5 referred to above, and that a list must be submitted to the labour inspector within eight days, specifying the name of each worker, the nature of the work and the corresponding remuneration. Furthermore, section 7 of the Child Labour Order requires the written consent of the parent or guardian in the case of the employment of children aged from 12 to 14 years.

However, the Committee reminded the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years on light work which is: (a) not likely to be harmful to their health or development; and (b) 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. Furthermore, under Article 7(3) of the Convention, the competent authority shall not only determine the activities in which light employment or work may be permitted, but shall also prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee observed that, as the Government had specified a minimum age of 16 years for admission to employment or work, children could only undertake light work as from the age of 13 years, and not 12 years. The Committee therefore requested the Government to provide information on the measures taken or envisaged to amend the provisions of the Child Labour Order so as to ensure that no one under the age of 13 years may undertake the light work. It also requested it to provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

The Committee notes the Government’s indication that it has introduced a Bill which will take into account the requirements of Article 7 of the Convention, as indicated above. However, the Committee observes that section 419 of the Children’s Code of 2008 uses the same terms as section 5 of the Child Labour Order in relation to the minimum age of 12 years for admission to certain types of light work. The Committee requests the Government to provide information in its next report on the progress achieved in the preparation of the Bill that is to take into account the requirements of Article 7 of the Convention. It requests the Government to indicate the provisions which address the minimum age for admission to light work, and those which prescribe the hours of work and the conditions under which light work may be undertaken, once the Bill has been adopted. The Committee also requests the Government to take the necessary measures to amend the provisions of the Child Labour Order referred to above, as well as section 419 of the Children’s Code, so as to ensure that no one under 13 years of age may perform light work.

2. Transport of loads. The Committee noted previously that, under section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull or push, either inside or outside of undertaking loads heavier than the following weights: (1) 10 kg in the case of loads carried by boys of 14–15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by hand cart by boys of 14–15 years; and (3) 40 kg (including the vehicle) in the case of transport by two-, three-, or four-wheeled trucks by boys.

The Committee notes the Government’s indication that the new Bill will prescribe the number of hours during which and the conditions in which boys may be employed or work in such activities. The Committee requests the Government to provide information on the progress achieved in the preparation of the Bill that is to take into account the requirements of Article 7 of the Convention.

Direct Request (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. Further to its previous comments, the Committee notes that the Government’s report does not contain information on the adoption of a national policy designed to ensure the effective abolition of child labour.

The Committee notes the report on the National Survey on Child Labour and Trafficking (ENTE) in Guinea of November 2011, which was conducted in collaboration with ILO–IPEC–SIMPOC and the National Institute of Statistics of Guinea. The Committee notes with deep concern that, according to the ENTE, out of a total of 3,561,160 children between the ages of 5 and 17 years, 43 per cent are economically active and 40.1 per cent (that is 93.2 per cent of the economically active children) are engaged in types of work that are to be abolished, that is work that is likely to jeopardize their school attendance, health or development. Furthermore, 33 per cent of children between the ages of 5 and 11 years and 50.2 per cent of children aged between 12 and 15 years are engaged in types of work to be abolished. Of these, 76.2 per cent of children between 5 and 11 years and 88.2 per cent of children between 12 and 15 years of age perform hazardous types of work. The ENTE also indicates that the proportion of children engaged in types of work that are to be abolished is higher in rural areas (47.5 per cent) than in urban areas (24 per cent). Observing that a significant number of children work under the minimum age for admission to work of 16 years, particularly in hazardous conditions, and in view of the absence of a national policy designed to ensure the abolition of child labour, the Committee firmly requests the Government to take the necessary measures to ensure the adoption of such a policy, paying particular attention to children in rural areas. The Committee requests the Government to provide information on the progress achieved in this respect.

Article 2(1). Scope of application. The Committee noted previously that under the terms of section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code (the Labour Code), the law applies to workers and employers exercising their professional activity in Guinea. The Committee observed that pursuant to this provision the Labour Code only applies to employment relationships.

The Committee notes the Government’s indication that the new Children’s Code (Act No. L/2008/011/AN), adopted on 19 August 2008, protects all children, including those who are not bound by an employment relationship. The Committee however observes that section 412 provides that it is prohibited for an employer to cause a child under 16 years of age to perform work without having first obtained the consent of the person exercising parental authority. The Committee therefore notes that the Children’s Code only appears to impose a minimum age for admission to employment on employers, without addressing situations in which children work on their own account. Nonetheless the Committee observes that, according to the ENTE, 6 per cent of children between 5 and 17 years of age who are economically active in Guinea, or approximately 91,940 children, work on their own account. Recalling that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated, the Committee requests the Government to take the necessary measures to ensure that children who are not bound by an employment relationship benefit from the protection afforded by the Convention, particularly by strengthening the means available to the labour inspection services to monitor the situation of children under the age of 18 years of age engaged on their own account.

Article 2(3). Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s indication that compulsory schooling in Guinea is only imposed for primary school, that is up to the age of 13 years. However, the Committee observes that the minimum age for admission to work specified by Guinea when ratifying the Convention is 16 years.

The Committee notes that, according to the information contained in the report on the ENTE, significant progress has been achieved in relation to school attendance and equity in education, and remarkable efforts have been made to progressively realize the objective of primary education for all. The Committee notes the detailed statistics provide by the Government concerning the school attendance rates in Guinea. It observes that the gross school enrolment rate for children between the ages of 7 and 12 years has been increasing progressively since 1999, rising from 59.5 per cent to 77.5 per cent in 2008–09.

However, the Committee observes that a considerable number of children who have not yet reached the minimum age for admission to employment still do not attend or have ceased to attend school and that, in parallel, the proportion of economically active children rises with age. Indeed, the report on the ENTE shows that those solely engaged in work or who combine work and studies account for 36.1 per cent of children between the ages 6 and 11 years, 55.6 per cent of those aged between 12 and 15 years and 61.2 per cent of children between 16 and 17 years of age.

While noting the progression in the school enrolment rates, particularly at the primary level, the Committee underlines the need for the age for admission to employment or work to be linked to the age at which compulsory education comes to an end. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see the General Survey on the fundamental Conventions concerning rights at work, paragraph 371). The Committee therefore considers that it is desirable to raise the age of completion of compulsory schooling so that it coincides with the minimum age for access to employment, as envisaged in Paragraph 4 of Recommendation No. 146. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures to make education compulsory up to the minimum age for admission to employment, that is 16 years. It once again requests the Government to provide a copy of the national legislation on education. The Committee also requests the Government to continue taking measures to raise the school attendance rates of children under 16 years of age. It further requests the Government to provide information on the progress achieved in this respect.

Article 3(2). Determination of hazardous types of work. Further to its previous comments, the Committee notes with interest the Government’s indication that Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 respecting child labour [hereinafter, the Child Labour Order], which contains a list of hazardous types of work in which it is forbidden to employ young workers under 18 years of age, was prepared and adopted in close collaboration with the employers’ and workers’ organizations concerned during a session of the Advisory Commission on Labour and Social Legislation.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 3 of the Child Labour Order provides that it is prohibited to employ young workers under 16 years of age in certain types of hazardous work. It reminded the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee noted that section 3 of the Child Labour Order does not require these two conditions (namely health protection and training) to be met prior to authorizing the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of hazardous tasks by young persons from 16 to 18 years of age is only authorized as prescribed by Article 3(3) of the Convention.

The Committee notes the Government’s indication that the Ministry of Labour and the Public Service has initiated a Bill on trafficking and the worst forms of child labour, which will bring the national legislation into conformity with the provisions of Article 3(3) of the Convention. The Committee hopes that the Bill on trafficking and the worst forms of child labour will take into account the requirements of Article 3(3) of the Convention and requests the Government to provide information on the progress achieved in the preparation and adoption of this Bill.

Article 6. Apprenticeship. In its previous comments, the Committee reminded the Government that Article 6 of the Convention lays down rules for apprenticeship and allows work to be performed by persons of at least 14 years of age in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training.

The Committee notes that section 31 of the Labour Code provides that no one may be taken on as an apprentice who has not reached the age of at least 14 years. It notes the Government’s indication that the measures adopted to ensure that no person under 14 years of age is engaged in an apprenticeship are contained in the provisions of the Labour Code governing the conditions of the apprenticeship contract, namely sections 28–42. The Committee observes that these provisions relate, among other matters, to the duties of masters in relation to the protection of apprentices. The Committee once again requests the Government to provide information on apprenticeship programmes in practice.

Article 7. Light Work. 1. Domestic work or picking and gathering. The Committee noted previously that section 5 of the Child Labour Order provides that the age of admission to apprenticeship, which is set at 14 years, may, with the authorization of the labour inspector, be reduced to 12 years for the following types of work: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or child minder; picking, gathering or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also noted that section 6 of the Child Labour Order allows the employment of young workers from 12 to 14 years of age, if the work is carried out in accordance with section 5 referred to above, and that a list must be submitted to the labour inspector within eight days, specifying the name of each worker, the nature of the work and the corresponding remuneration. Furthermore, section 7 of the Child Labour Order requires the written consent of the parent or guardian in the case of the employment of children aged from 12 to 14 years.

However, the Committee reminded the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years on light work which is: (a) not likely to be harmful to their health or development; and (b) 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. Furthermore, under Article 7(3) of the Convention, the competent authority shall not only determine the activities in which light employment or work may be permitted, but shall also prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee observed that, as the Government had specified a minimum age of 16 years for admission to employment or work, children could only undertake light work as from the age of 13 years, and not 12 years. The Committee therefore requested the Government to provide information on the measures taken or envisaged to amend the provisions of the Child Labour Order so as to ensure that no one under the age of 13 years may undertake the light work. It also requested it to provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

The Committee notes the Government’s indication that it has introduced a Bill which will take into account the requirements of Article 7 of the Convention, as indicated above. However, the Committee observes that section 419 of the Children’s Code of 2008 uses the same terms as section 5 of the Child Labour Order in relation to the minimum age of 12 years for admission to certain types of light work. The Committee requests the Government to provide information in its next report on the progress achieved in the preparation of the Bill that is to take into account the requirements of Article 7 of the Convention. It requests the Government to indicate the provisions which address the minimum age for admission to light work, and those which prescribe the hours of work and the conditions under which light work may be undertaken, once the Bill has been adopted. The Committee also requests the Government to take the necessary measures to amend the provisions of the Child Labour Order referred to above, as well as section 419 of the Children’s Code, so as to ensure that no one under 13 years of age may perform light work.

2. Transport of loads. The Committee noted previously that, under section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull or push, either inside or outside of undertaking loads heavier than the following weights: (1) 10 kg in the case of loads carried by boys of 14–15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by hand cart by boys of 14–15 years; and (3) 40 kg (including the vehicle) in the case of transport by two-, three-, or four-wheeled trucks by boys.

The Committee notes the Government’s indication that the new Bill will prescribe the number of hours during which and the conditions in which boys may be employed or work in such activities. The Committee requests the Government to provide information on the progress achieved in the preparation of the Bill that is to take into account the requirements of Article 7 of the Convention.

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

The Committee notes with regret that, for the fourth consecutive year, 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. National policy. The Committee noted from information available at the Office that Guinea participates in the ILO–IPEC West Africa Cocoa/Agriculture Programme to Combat Child Labour (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria also participate. The Committee requests the Government to provide information on the implementation of the WACAP project and on the results obtained in terms of eliminating child labour.

Article 2(1). Scope of application. The Committee noted that, according to section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code, the Code applies to workers and employers who exercise their occupational activity in Guinea. The Committee observed that, according to the abovementioned provision, the Labour Code applies only to employment relationships. It reminded the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work whether or not performed within an employment relationship, and whether or not they are remunerated. The Committee therefore requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as children working on their own account, enjoy the protection provided by the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee noted from information available at the Office that the age of completion of compulsory schooling is 16 years. It observed, however, that Guinea’s legislation on education is not available at the Office. It accordingly asks the Government to state the age of completion of compulsory schooling and to provide a copy of the national legislation on education. Please also provide statistics of the school enrolment and literacy rates, disaggregated by age and sex if possible.

Article 3(2). Determination of types of hazardous work. The Committee noted that, according to section 187 of the Labour Code, apprentices and employees under 18 years of age may not be employed in unhealthy or dangerous establishments where employees are exposed to any handling or emissions harmful to their health, except in special circumstances determined by ministerial orders. It also noted that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 on child labour (“Child Labour Order”) sets out a list of types of hazardous work in which young persons under the age of 18 may not be employed. The Committee requests the Government to indicate whether, in determining the types of work included in section 2 of the Child Labour Order, consultations were held with the employers’ and workers’ organizations and, if so, to provide all relevant information.

Article 3(3). Admission to hazardous work as from the age of 16 years. The Committee noted that section 3 of the Child Labour Order forbids the employment of young workers under 16 years of age in the following types of work: propulsion by means of pedals, wheels, peddle cranks or levers; operation of hand- or foot-operated jigs and jigging tables; operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines; and construction work other than finishing that does not require the use of scaffolding. It reminded the Government that, according to Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee noted that section 3 of the Child Labour Order does not require fulfilment of these two conditions (health protection and training) in order to authorize the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore asks the Government to provide information on the measures taken to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years will be authorized only as prescribed by Article 3(3) of the Convention.

Article 6. 1. Vocational training. The Committee observed that the Government has sent no information on vocational training. It therefore asks the Government to indicate whether the national legislation regulates vocational training and, if so, to provide a copy of the relevant provisions.

2. Apprenticeship. The Committee noted that section 5 of the Child Labour Order provides that the age for admission to apprenticeship, which is 14 years, may be reduced to 12 years subject to authorization from the labour inspector for the following: light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee observed that this provision sets 14 years as the age of admission to apprenticeship but allows it to be lowered for certain types of work. It observed that the types of work specified are more akin to light work than to the kind of work performed as part of an apprenticeship in an enterprise.

The Committee reminded the Government that Article 6 of the Convention lays down rules for apprenticeship, allowing work to be done by persons of at least 14 years in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years may carry out an apprenticeship. It also asks the Government to provide practical information about apprenticeship programmes.

Article 7. Light work. 1. Domestic work or picking and gathering. The Committee noted from the information sent by the Government that it has not made use of the flexibility clause provided in this provision of the Convention. It noted, however, that section 5 of the Child Labour Order allows the age of admission to apprenticeship, which is 14 years, to be reduced to 12 years subject to authorization by the labour inspector for the following tasks: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also noted that section 6 of the Order allows the employment of young workers from 12 to 14 years of age if the work is carried out in accordance with section 5 and that a list must be submitted to the labour inspector within eight days specifying the name of each worker, the nature of the work and the corresponding remuneration. Section 7 of the Order requires the written consent of the parent or guardian in the case of children aged from 12 to 14 years.

The Committee reminded the Government that, according Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13–15 years of age on light work provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programs approved by the competent authority or their capacity to benefit from the instruction received. Moreover, according to Article 7(3) of the Convention, the competent authority must not only determine the activities in which employment or work may be permitted, but must also prescribe the number of hours during which and the conditions in which it may be undertaken. The Committee noted that since the government has specified a minimum age of 16 years for admission to employment or work, children may undertake light work as from the age of 13 years, and not 12 years. The Committee therefore asks the Government to provide information on the measures taken or envisaged to amend the provisions of Child Labour Order so as to ensure that no one under the age of 13 years may undertake light work. Please also provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

2. Transport of loads. The Committee noted that according to section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull of push, either inside or outside the undertaking, loads heavier than the following: weights: (1) 10 kg in the case of loads carried by boys of 14–15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by handcart by boys of  14–15 years; and (3) 40 kg (including vehicle) in the case of two-, three- or four wheeled trucks by boys. The Committee requests the Government to indicate the number of hours during which and the conditions in which boys may engage in these activities.

Part V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report, the Committee requests it to provide details of the manner in which the Convention is applied in practice including full statistics, as far as possible, on the nature, extent and trends of work done by children and young people who are under the minimum age specified by the Government upon ratification, extracts of reports by the inspection services, particulars of the number and nature of infringements reported and the penalties applied. To the extent possible, the information should be disaggregated by sex.

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

The Committee notes with regret that, for the third consecutive year, 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. National policy. The Committee noted from information available at the Office that Guinea participates in the ILO/IPEC West Africa Cocoa/Agriculture Programme to Combat Child Labour (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria also participate. The Committee requests the Government to provide information on the implementation of the WACAP project and on the results obtained in terms of eliminating child labour.

Article 2(1). Scope of application. The Committee noted that, according to section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code, the Code applies to workers and employers who exercise their occupational activity in Guinea. The Committee observed that, according to the abovementioned provision, the Labour Code applies only to employment relationships. It reminded the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work whether or not performed within an employment relationship, and whether or not they are remunerated. The Committee therefore requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as children working on their own account, enjoy the protection provided by the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee noted from information available at the Office that the age of completion of compulsory schooling is 16 years. It observed, however, that Guinea’s legislation on education is not available at the Office. It accordingly asks the Government to state the age of completion of compulsory schooling and to provide a copy of the national legislation on education. Please also provide statistics of the school enrolment and literacy rates, disaggregated by age and sex if possible.

Article 3(2). Determination of types of hazardous work. The Committee noted that, according to section 187 of the Labour Code, apprentices and employees under 18 years of age may not be employed in unhealthy or dangerous establishments where employees are exposed to any handling or emissions harmful to their health, except in special circumstances determined by ministerial orders. It also noted that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 on child labour (“Child Labour Order”) sets out a list of types of hazardous work in which young persons under the age of 18 may not be employed. The Committee requests the Government to indicate whether, in determining the types of work included in section 2 of the Child Labour Order, consultations were held with the employers’ and workers’ organizations and, if so, to provide all relevant information.

Article 3(3). Admission to hazardous work as from the age of 16 years. The Committee noted that section 3 of the Child Labour Order forbids the employment of young workers under 16 years of age in the following types of work: propulsion by means of pedals, wheels, peddle cranks or levers; operation of hand- or foot-operated jigs and jigging tables; operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines; and construction work other than finishing that does not require the use of scaffolding. It reminded the Government that, according to Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee noted that section 3 of the Child Labour Order does not require fulfilment of these two conditions (health protection and training) in order to authorize the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore asks the Government to provide information on the measures taken to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years will be authorized only as prescribed by Article 3(3) of the Convention.

Article 6. 1. Vocational training. The Committee observed that the Government has sent no information on vocational training. It therefore asks the Government to indicate whether the national legislation regulates vocational training and, if so, to provide a copy of the relevant provisions.

2. Apprenticeship. The Committee noted that section 5 of the Child Labour Order provides that the age for admission to apprenticeship, which is 14 years, may be reduced to 12 years subject to authorization from the labour inspector for the following: light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee observed that this provision sets 14 years as the age of admission to apprenticeship but allows it to be lowered for certain types of work. It observed that the types of work specified are more akin to light work than to the kind of work performed as part of an apprenticeship in an enterprise.

The Committee reminded the Government that Article 6 of the Convention lays down rules for apprenticeship, allowing work to be done by persons of at least 14 years in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years may carry out an apprenticeship. It also asks the Government to provide practical information about apprenticeship programmes.

Article 7. Light work. 1. Domestic work or picking and gathering. The Committee noted from the information sent by the Government that it has not made use of the flexibility clause provided in this provision of the Convention. It noted, however, that section 5 of the Child Labour Order allows the age of admission to apprenticeship, which is 14 years, to be reduced to 12 years subject to authorization by the labour inspector for the following tasks: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also noted that section 6 of the Order allows the employment of young workers from 12 to 14 years of age if the work is carried out in accordance with section 5 and that a list must be submitted to the labour inspector within eight days specifying the name of each worker, the nature of the work and the corresponding remuneration. Section 7 of the Order requires the written consent of the parent or guardian in the case of children aged from 12 to 14 years.

The Committee reminded the Government that, according Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13–15 years of age on light work provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programs approved by the competent authority or their capacity to benefit from the instruction received. Moreover, according to Article 7(3) of the Convention, the competent authority must not only determine the activities in which employment or work may be permitted, but must also prescribe the number of hours during which and the conditions in which it may be undertaken. The Committee noted that since the government has specified a minimum age of 16 years for admission to employment or work, children may undertake light work as from the age of 13 years, and not 12 years. The Committee therefore asks the Government to provide information on the measures taken or envisaged to amend the provisions of Child Labour Order so as to ensure that no one under the age of 13 years may undertake light work. Please also provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

2. Transport of loads. The Committee noted that according to section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull of push, either inside or outside the undertaking, loads heavier than the following: weights: (1) 10 kg in the case of loads carried by boys of 14–15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by handcart by boys of 14–15 years; and (3) 40 kg (including vehicle) in the case of two-, three- or four-wheeled trucks by boys. The Committee requests the Government to indicate the number of hours during which and the conditions in which boys may engage in these activities.

Part V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report, the Committee requests it to provide details of the manner in which the Convention is applied in practice including full statistics, as far as possible, on the nature, extent and trends of work done by children and young people who are under the minimum age specified by the Government upon ratification, extracts of reports by the inspection services, particulars of the number and nature of infringements reported and the penalties applied. To the extent possible, the information should be disaggregated by sex.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 1 of the Convention. National policy. The Committee notes from information available at the Office that Guinea participates in the ILO/IPEC West Africa Cocoa/Agriculture Programme to Combat Child Labour (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria also participate. The Committee requests the Government to provide information on the implementation of the WACAP project and on the results obtained in terms of eliminating child labour.

Article 2, paragraph 1. Scope of application. The Committee notes that, according to section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code, the Code applies to workers and employers who exercise their occupational activity in Guinea. The Committee observes that, according to the abovementioned provision, the Labour Code applies only to employment relationships. It reminds the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work whether or not performed within an employment relationship, and whether or not they are remunerated. The Committee therefore requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as children working on their own account, enjoy the protection provided by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes from information available at the Office that the age of completion of compulsory schooling is 16 years. It observes, however, that Guinea’s legislation on education is not available at the Office. It accordingly asks the Government to state the age of completion of compulsory schooling and to provide a copy of the national legislation on education. Please also provide statistics of the school enrolment and literacy rates, disaggregated by age and sex if possible.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that, according to section 187 of the Labour Code, apprentices and employees under 18 years of age may not be employed in unhealthy or dangerous establishments where employees are exposed to any handling or emissions harmful to their health, except in special circumstances determined by ministerial orders. It also notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 on child labour (“Child Labour Order”) sets out a list of types of hazardous work in which young persons under the age of 18 may not be employed. The Committee requests the Government to indicate whether, in determining the types of work included in section 2 of the Child Labour Order, consultations were held with the employers’ and workers’ organizations and, if so, to provide all relevant information.

Article 3, paragraph 3. Admission to hazardous work as from the age of 16 years. The Committee notes that section 3 of the Child Labour Order forbids the employment of young workers under 16 years of age in the following types of work: propulsion by means of pedals, wheels, peddle cranks or levers; operation of hand- or foot-operated jigs and jigging tables; operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines; and construction work other than finishing that does not require the use of scaffolding. It reminds the Government that, according to Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee notes that section 3 of the Child Labour Order does not require fulfilment of these two conditions (health protection and training) in order to authorize the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore asks the Government to provide information on the measures taken to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years will be authorized only as prescribed by Article 3(3) of the Convention.

Article 6. 1. Vocational training. The Committee observes that the Government has sent no information on vocational training. It therefore asks the Government to indicate whether the national legislation regulates vocational training and, if so, to provide a copy of the relevant provisions.

2. Apprenticeship. The Committee notes that section 5 of the Child Labour Order provides that the age for admission to apprenticeship, which is 14 years, may be reduced to 12 years subject to authorization from the labour inspector for the following: light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee observes that this provision sets 14 years as the age of admission to apprenticeship but allows it to be lowered for certain types of work. It observes that the types of work specified are more akin to light work than to the kind of work performed as part of an apprenticeship in an enterprise.

The Committee reminds the Government that Article 6 of the Convention lays down rules for apprenticeship, allowing work to be done by persons of at least 14 years in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years may carry out an apprenticeship. It also asks the Government to provide practical information about apprenticeship programmes.

Article 7. Light work. 1. Domestic work or picking and gathering. The Committee notes from the information sent by the Government that it has not made use of the flexibility clause provided in this provision of the Convention. It notes, however, that section 5 of the Child Labour Order allows the age of admission to apprenticeship, which is 14 years, to be reduced to 12 years subject to authorization by the labour inspector for the following tasks: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also notes that section 6 of the Order allows the employment of young workers from 12 to 14 years of age if the work is carried out in accordance with section 5 and that a list must be submitted to the labour inspector within eight days specifying the name of each worker, the nature of the work and the corresponding remuneration. Section 7 of the Order requires the written consent of the parent or guardian in the case of children aged from 12 to 14 years.

The Committee reminds the Government that, according Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons 13–15 years of age on light work provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programs approved by the competent authority or their capacity to benefit from the instruction received. Moreover, according to Article 7(3) of the Convention, the competent authority must not only determine the activities in which employment or work may be permitted, but must also prescribe the number of hours during which and the conditions in which it may be undertaken. The Committee notes that since the government has specified a minimum age of 16 years for admission to employment or work, children may undertake light work as from the age of 13 years, and not 12 years. The Committee therefore asks the Government to provide information on the measures taken or envisaged to amend the provisions of Child Labour Order so as to ensure that no one under the age of 13 years may undertake light work. Please also provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

2. Transport of loads. The Committee notes that according to section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull of push, either inside or outside the undertaking, loads heavier than the following: weights: (1) 10 kg in the case of loads carried by boys of 14–15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by handcart by boys of 14–15 years; and (3) 40 kg (including vehicle) in the case of two-, three- or four-wheeled trucks by boys. The Committee requests the Government to indicate the number of hours during which and the conditions in which boys may engage in these activities.

Part V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report, the Committee requests it to provide details of the manner in which the Convention is applied in practice including full statistics, as far as possible, on the nature, extent and trends of work done by children and young people who are under the minimum age specified by the Government upon ratification, extracts of reports by the inspection services, particulars of the number and nature of infringements reported and the penalties applied. To the extent possible, the information should be disaggregated by sex.

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

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. National policy. The Committee notes from information available at the Office that Guinea participates in the ILO/IPEC West Africa Cocoa/Agriculture Programme to Combat Child Labour (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria also participate. The Committee requests the Government to provide information on the implementation of the WACAP project and on the results obtained in terms of eliminating child labour.

Article 2, paragraph 1. Scope. The Committee notes that, according to section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code, the Code applies to workers and employers who exercise their occupational activity in Guinea. The Committee observes that, according to the abovementioned provision, the Labour Code applies only to employment relationships. It reminds the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work whether or not performed within an employment relationship, and whether or not they are remunerated. The Committee therefore requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as children working on their own account, enjoy the protection provided by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes from information available at the Office that the age of completion of compulsory schooling is 16 years. It observes, however, that Guinea’s legislation on education is not available at the Office. It accordingly asks the Government to state the age of completion of compulsory schooling and to provide a copy of the national legislation on education. Please also provide statistics of the school enrolment and literacy rates, disaggregated by age and sex if possible.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that, according to section 187 of the Labour Code, apprentices and employees under 18 years of age may not be employed in unhealthy or dangerous establishments where employees are exposed to any handling or emissions harmful to their health, except in special circumstances determined by ministerial orders. It also notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 on child labour (“Child Labour Order”), sets out a list of types of hazardous work in which young persons under the age of 18 may not be employed. The Committee requests the Government to indicate whether, in determining the types of work included in section 2 of the Child Labour Order, consultations were held with the employers’ and workers’ organizations and, if so, to provide all relevant information.

Article 3, paragraph 3. Admission to hazardous work as from the age of 16 years. The Committee notes that section 3 of the Child Labour Order forbids the employment of young workers under 16 years of age in the following types of work: propulsion by means of pedals, wheels, peddle cranks or levers; operation of hand- or foot-operated jigs and jigging tables; operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines; and construction work other than finishing that does not require the use of scaffolding. It reminds the Government that, according to Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee notes that section 3 of the Child Labour Order does not require fulfilment of these two conditions (health protection and training) in order to authorize the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore asks the Government to provide information on the measures taken to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years will be authorized only as prescribed by Article 3, paragraph 3, of the Convention.

Article 6. 1. Vocational training. The Committee observes that the Government has sent no information on vocational training. It therefore asks the Government to indicate whether the national legislation regulates vocational training and, if so, to provide a copy of the relevant provisions.

2. Apprenticeship. The Committee notes that section 5 of the Child Labour Order provides that the age for admission to apprenticeship, which is 14 years, may be reduced to 12 years subject to authorization from the labour inspector for the following: light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee observes that this provision sets 14 years as the age of admission to apprenticeship but allows it to be lowered for certain types of work. It observes that the types of work specified are more akin to light work than to the kind of work performed as part of an apprenticeship in an enterprise.

The Committee reminds the Government that Article 6 of the Convention lays down rules for apprenticeship, allowing work to be done by persons of at least 14 years in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years may carry out an apprenticeship. It also asks the Government to provide practical information about apprenticeship programmes.

Article 7. Light work. 1. Domestic work or picking and gathering. The Committee notes from the information sent by the Government that it has not made use of the flexibility clause provided in this provision of the Convention. It notes, however, that section 5 of the Child Labour Order allows the age of admission to apprenticeship, which is 14 years, to be reduced to 12 years subject to authorization by the Labour Inspector for the following tasks: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or child minder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also notes that section 6 of the Order allows the employment of young workers from 12 to 14 years of age if the work is carried out in accordance with section 5 and that a list must be submitted to the labour inspector within eight days specifying the name of each worker, the nature of the work and the corresponding remuneration. Section 7 of the Order requires the written consent of the parent or guardian in the case of children aged from 12 to 14 years.

The Committee reminds the Government that, according Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programs approved by the competent authority or their capacity to benefit from the instruction received. Moreover, according to Article 7, paragraph 3, of the Convention, the competent authority must not only determine the activities in which employment or work may be permitted, but must also prescribe the number of hours during which and the conditions in which it may be undertaken. The Committee notes that since the government has specified a minimum age of 16 years for admission to employment or work, children may undertake light work as from the age of 13 years, and not 12 years. The Committee therefore asks the Government to provide information on the measures taken or envisaged to amend the provisions of Child Labour Order so as to ensure that no one under the age of 13 years may undertake light work. Please also provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

2. Transport of loads. The Committee notes that according to section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull of push, either inside or outside the undertaking, loads heavier than the following: weights: (1)10 kg in the case of loads carried by boys of 14 to 15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by handcart by boys of 14 to 15 years; and (3) 40 kg (including vehicle) in the case of two-, three- or four-wheeled trucks by boys. The Committee requests the Government to indicate the number of hours during which and the conditions in which boys may engage in these activities.

Part V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report, the Committee requests it to provide details of the manner in which the Convention is applied in practice including full statistics, as far as possible, on the nature, extent and trends of work done by children and young people who are under the minimum age specified by the Government upon ratification, extracts of reports by the inspection services, particulars of the number and nature of infringements reported and the penalties applied. To the extent possible, the information should be disaggregated by sex.

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

The Committee takes note of the Government’s first report.

Article 1 of the Convention. National policy. The Committee notes from information available at the Office that Guinea participates in the ILO/IPEC West Africa Cocoa/Agriculture Programme to Combat Child Labour (WACAP), in which Cameroon, Côte d’Ivoire, Ghana and Nigeria also participate. The Committee requests the Government to provide information on the implementation of the WACAP project and on the results obtained in terms of eliminating child labour.

Article 2, paragraph 1. Scope. The Committee notes that, according to section 1 of Ordinance No. 003/PRG/SGG/88 of 28 January 1988 issuing the Labour Code, the Code applies to workers and employers who exercise their occupational activity in Guinea. The Committee observes that, according to the abovementioned provision, the Labour Code applies only to employment relationships. It reminds the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work whether or not performed within an employment relationship, and whether or not they are remunerated. The Committee therefore requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as children working on their own account, enjoy the protection provided by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes from information available at the Office that the age of completion of compulsory schooling is 16 years. It observes, however, that Guinea’s legislation on education is not available at the Office. It accordingly asks the Government to state the age of completion of compulsory schooling and to provide a copy of the national legislation on education. Please also provide statistics of the school enrolment and literacy rates, disaggregated by age and sex if possible.

Article 3, paragraph 2. Determination of types of hazardous work. 
The Committee notes that, according to section 187 of the Labour Code, apprentices and employees under 18 years of age may not be employed in unhealthy or dangerous establishments where employees are exposed to any handling or emissions harmful to their health, except in special circumstances determined by ministerial orders. It also notes that section 2 of Order No. 2791/MTASE/DNTLS/96 of 22 April 1996 on child labour (“Child Labour Order”), sets out a list of types of hazardous work in which young persons under the age of 18 may not be employed. The Committee requests the Government to indicate whether, in determining the types of work included in section 2 of the Child Labour Order, consultations were held with the employers’ and workers’ organizations and, if so, to provide all relevant information.

Article 3, paragraph 3. Admission to hazardous work as from the age of 16 years. The Committee notes that section 3 of the Child Labour Order forbids the employment of young workers under 16 years of age in the following types of work: propulsion by means of pedals, wheels, peddle cranks or levers; operation of hand- or foot-operated jigs and jigging tables; operation and feeding of circular saws, band saws or gang saws; operation of shears, shearing machines and grinding machines; and construction work other than finishing that does not require the use of scaffolding. It reminds the Government that, according to Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee notes that section 3 of the Child Labour Order does not require fulfilment of these two conditions (health protection and training) in order to authorize the employment of young persons from 16 to 18 years of age in hazardous work. The Committee therefore asks the Government to provide information on the measures taken to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years will be authorized only as prescribed by Article 3, paragraph 3, of the Convention.

Article 6. 1. Vocational training. The Committee observes that the Government has sent no information on vocational training. It therefore asks the Government to indicate whether the national legislation regulates vocational training and, if so, to provide a copy of the relevant provisions.

2. Apprenticeship. The Committee notes that section 5 of the Child Labour Order provides that the age for admission to apprenticeship, which is 14 years, may be reduced to 12 years subject to authorization from the labour inspector for the following: light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a childminder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee observes that this provision sets 14 years as the age of admission to apprenticeship but allows it to be lowered for certain types of work. It observes that the types of work specified are more akin to light work than to the kind of work performed as part of an apprenticeship in an enterprise.

The Committee reminds the Government that Article 6 of the Convention lays down rules for apprenticeship, allowing work to be done by persons of at least 14 years in enterprises where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee therefore asks the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years may carry out an apprenticeship. It also asks the Government to provide practical information about apprenticeship programmes.

Article 7. Light work. 1. Domestic work or picking and gathering. The Committee notes from the information sent by the Government that it has not made use of the flexibility clause provided in this provision of the Convention. It notes, however, that section 5 of the Child Labour Order allows the age of admission to apprenticeship, which is 14 years, to be reduced to 12 years subject to authorization by the Labour Inspector for the following tasks: light domestic tasks forming part of the work of a scullion, assistant cook, “small boy” or child minder; picking, gathering, or sorting work performed in agricultural undertakings; light work of a non-industrial nature. The Committee also notes that section 6 of the Order allows the employment of young workers from 12 to 14 years of age if the work is carried out in accordance with section 5 and that a list must be submitted to the labour inspector within eight days specifying the name of each worker, the nature of the work and the corresponding remuneration. Section 7 of the Order requires the written consent of the parent or guardian in the case of children aged from 12 to 14 years.

The Committee reminds the Government that, according Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programs approved by the competent authority or their capacity to benefit from the instruction received. Moreover, according to Article 7, paragraph 3, of the Convention, the competent authority must not only determine the activities in which employment or work may be permitted, but must also prescribe the number of hours during which and the conditions in which it may be undertaken. The Committee notes that since the government has specified a minimum age of 16 years for admission to employment or work, children may undertake light work as from the age of 13 years, and not 12 years. The Committee therefore asks the Government to provide information on the measures taken or envisaged to amend the provisions of Child Labour Order so as to ensure that no one under the age of 13 years may undertake light work. Please also provide information on the measures taken or envisaged to prescribe the number of hours during which and the conditions in which light work may be undertaken.

2. Transport of loads. The Committee notes that according to section 4 of the Child Labour Order, young workers under 18 years of age may not carry, pull of push, either inside or outside the undertaking, loads heavier than the following: weights: (1)10 kg in the case of loads carried by boys of 14 to 15 years; (2) 20 kg (including the weight of the vehicle) in the case of transport by handcart by boys of 14 to 15 years; and (3) 40 kg (including vehicle) in the case of two-, three- or four-wheeled trucks by boys. The Committee requests the Government to indicate the number of hours during which and the conditions in which boys may engage in these activities.

Part V of the report form. Application of the Convention in practice. Noting the absence of information in the Government’s report, the Committee requests it to provide details of the manner in which the Convention is applied in practice including full statistics, as far as possible, on the nature, extent and trends of work done by children and young people who are under the minimum age specified by the Government upon ratification, extracts of reports by the inspection services, particulars of the number and nature of infringements reported and the penalties applied. To the extent possible, the information should be disaggregated by sex.