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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. National policy and application of the Convention in practice. With reference to its earlier comments, the Committee notes the information contained in the Government’s report, according to which the principle actors concerned are not well versed in the national policy on child labour, which has prevented the successful implementation of the action foreseen under the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE 2012–17). The Government also adds that the PCNPETE has not received sufficient funding to apply the established strategy effectively.

The Committee notes the action undertaken with the support of the ILO through its International Programme on the Elimination of Child Labour. Other partners at operational level also participated in implementation of the PCNPETE, through action to withdraw and rehabilitate children in child labour, including the NGOs Concept and La Lumière in the Diouras at Kédougou and in the Saint-Louis fishing sector. In that instance, the children subject to child labour are cared for by local child protection mechanisms, established as part of the National Child Protection Strategy.

The Committee notes that although the last national survey on child labour dates from 2005, the Government does collect data, in particular by drawing up forms for distribution to the labour inspectors in the four PCNPETE pilot regions. The Committee again requests the Government to continue to combat child labour through implementing the PCNPETE. It also requests the Government to provide information on the various projects launched by other actors that may have an impact on the elimination of child labour. The Committee also requests the Government to take measures to ensure that sufficient updated data on the situation of child workers are available, for example using the data-collection forms, until the holding of a new national survey on child labour. It requests the Government to provide information on results in this regard.

Article 2(1). Minimum age for admission to employment or work. With reference to its previous comments, the Committee notes that the bill amending section L.145 of the Labour Code on the minimum age for admission to work was adopted by the Council of Ministers on 2 January 2019, but that the Government has not provided a copy thereof, nor of the ministerial orders that it mentions.

The Committee notes the that the Government refers to that the technical revision of Orders Nos. 3,748 to 3,751 of the Ministry of Labour, which will raise the minimum age for admission to employment or work from 15 to 16. Given that the Committee has been commenting on the bill amending section L.145 of the Labour Code on the minimum age of admission to employment or work for over 15 years, the Committee once again firmly hopes that the Government will take the necessary measures to ensure that its legislation is amended, as soon as possible, to bring it into conformity with the Convention and only providing for exemptions from the minimum age of admission to employment and work strictly in cases prescribed in the Convention. It requests the Government to provide information on progress made in this regard. The Committee also requests the Government to keep it informed of the revision of Orders Nos. 3,748 to 3,751.

Article 2(1). Scope of application and labour inspection. With regard to its previous comments, the Committee notes the project “Ensemble vers la Réforme du Travail” (Together towards Labour Reform), conducted under the partnership established between the ILO International Training Centre, Turin, the German Society for International Cooperation and Senegal and which aims to create a continuous training system for labour inspectors. This system targets a number of labour inspectors to represent each region and who will form a group of focal points known as “Task Force”, in order to reinforce the capacities of the entire labour inspection service in Senegal. During 2022, seven activities based on the ILO training methodology were undertaken. The project directly targets very small, small and medium-sized enterprises in the formal and informal economies of Senegal. The Committee requests the Government to provide detailed information on the results of the reinforcement of the labour inspection service undertaken to ensure monitoring of child labour, particularly in the informal economy, and to ensure that these children receive the protection provided under the Convention.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee recalls that in its previous comments it highlighted a contradiction between section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 relating to child labour, which provides that the minimum age for admission to hazardous types of work is 18 years, and Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of the hazardous types of work prohibited for children and young persons, which allows persons under 16 years of age to perform certain types of hazardous work.

The Committee notes the Government’s indication that it reiterates its commitment to correcting all points in the legislation that do not conform with the Convention through legislative reform, only providing for exemptions from the minimum age of admission to employment and work strictly in cases prescribed in the Convention. However, the Committee notes with deep concern that the legislative reform announced is still ongoing. Recalling once more that it has been raising this question since 2006, the Committee urges the Government to take the necessary measures to bring its legislation into conformity with the Convention without delay, in order to ensure that children of less than 16 years of age cannot be engaged in work in underground mines and quarries. The Committee also urges the Government to ensure that the conditions provided under Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the hazardous types of work covered by Order No. 3750 of 6 June 2003, including that they have received adequate specific instructions and training in the particular types of hazardous work. It requests the Government to provide copies of the regulatory texts concerned once they have been adopted.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE) and the fact that draft texts were being prepared with a view to harmonizing the national legal framework. Noting with concern the high number of children engaged in child labour in Senegal who have not reached the minimum age for admission to employment of 15 years, the Committee requested the Government to intensify its efforts to combat child labour and to conduct a new national survey on child labour. In its report, the Government states that combating child labour remains a priority and highlights the development of human capital and the social protection for vulnerable groups in the Emerging Senegal Plan (PSE). This is reflected at the sectoral level in policies and programmes based on strengthening the quality of education and the protection of vulnerable groups. The Government also indicates that the PCNPETE’s final evaluation has not yet been conducted and that a new national survey on child labour is not on the agenda. The Committee notes that, according to the Government’s replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 26 July 2019, the lack of national surveys is an obstacle to understanding the prevalence of child labour (E/C.12/SEN/Q/3/Add.1, paragraph 85). Further, according to Senegal’s Voluntary National Review on the Sustainable Development Goals of June 2018, indicator 8.7 could be covered on a regular basis in the next national statistical development strategy. The Committee requests the Government to intensify its efforts to combat child labour. Recalling that the PCNPETE reached its term in 2017, it requests the Government to provide information on the progress of legislative amendments and results obtained within the framework of the PCNPETE regarding the elimination of child labour, and on various projects that have been implemented. Noting that no statistical study on child labour has been conducted, the Committee also requests the Government to intensify its efforts to ensure that adequate updated data on the situation of child workers are available, particularly by conducting a new national survey on child labour.

Article 2(1). Minimum age for admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows exemptions from the minimum age for admission to employment by order of the Minister of Labour, taking into account local circumstances and the activities that may be required. Reminding the Government that no one under the minimum age for admission to employment or work shall be admitted to employment or work in any occupation, and that the only possible exception is light work under Article 7 of the Convention, the Committee urged the Government to revise the provisions of its legislation with a view to introducing the necessary amendments to ensure conformity with the provisions of the Convention and to provide copies of the draft legislative texts on this subject. In its report, the Government states that draft texts have been prepared taking into account the recommendations of the ILO supervisory bodies. A Bill has thus been prepared amending the minimum age for employment or work, which has been adopted by the Council of Ministers and must be submitted to the National Assembly, as well as draft ministerial decrees, which have already been prepared and approved by the National Advisory Council of Labour and Social Security, and which can only be signed after the adoption of the aforementioned Bill. The Committee further notes that, according to the Government’s replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 14 August 2019, the minimum age for admission to employment will be raised to 16 years (as the draft legislation is in the process of being adopted) (E/C.12/SEN/Q/3/Add.1, paragraph 79). While noting that the Bill amending section L.145 of the Labour Code on the minimum age of admission to employment and work was adopted by the Council of Ministers on 2 January 2019, the Committee notes with regret that the Government has not provided any copies of the Bill nor of the abovementioned draft ministerial decrees. In light of the foregoing, and taking into account that it has been commenting on this matter for over 15 years, the Committee firmly hopes that the Government will, without delay, be able to report on the amendment of its legislation in conformity with the Convention, by only providing for exemptions from the minimum age of admission to employment and work strictly in cases prescribed in the Convention. It requests it to provide copies of the above Bill and decrees once they are adopted.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee recalled that the Convention applies to all forms of work and employment, including children working in the informal economy. It requested the Government to take measures to adapt and strengthen the labour inspection services to ensure the monitoring of child labour in the informal economy and to ensure that these children are afforded the protection set out in the Convention. In its report, the Government indicates that the labour inspection services have been strengthened in terms of staff and operational resources, which has resulted in an exponential increase in the monitoring of establishments with a national total of 4,189 in 2018, compared with 2,557 in 2017. The Government emphasizes, however, that these statistics do not cover the monitoring of child labour in the informal economy and that, at a seminar held in July 2019, it requested the various labour inspectorates to intensify their efforts by broadening their scope of intervention in the informal economy. The Committee notes that, according to the 2018 Annual Labour Statistics Report, the low level of inclusion of the decentralized level (Labour and Social Security Inspections), due mainly to the scant consideration given to the informal sector in monitoring activities, is one of the difficulties facing the Coordination Unit for Combating Child Labour. In addition, in its replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 14 August 2019, the Government indicates that Child labour in the informal sector continues to present a major challenge, as some vulnerable rural and urban households provide various services for sale as a survival strategy (E/C.12/SEN/Q/3/Add.1, paragraph 83). In addition, the Committee on Economic, Social and Cultural Rights expressed its concern about the insufficient human and budgetary resources available to the labour inspectorate, which do not allow it to effectively monitor the situation of persons who are exploited, including children (E/C.12/SEN/CO/3, paragraph 19). The Committee recalls that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (see General Survey on the fundamental Conventions, 2012, paragraph 345). It once again requests the Government to take measures to adapt and strengthen the labour inspection services to ensure the monitoring of child labour in the informal economy and to ensure that these children are afforded the protection set out in the Convention. It requests that the Government provide information on the measures taken for this purpose.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 relating to child labour provides that the minimum age for admission to hazardous types of work is 18 years. However, it noted that, under the terms of Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of the hazardous types of work prohibited for children and young persons (Order No. 3750), boys under the age of 16 years are authorized to carry out the lightest work in underground mines and quarries, such as loading ore, handling and haulage of small wagons within the weight limits set out in section 6 of the Order, and overseeing or handling ventilation equipment (section 7). Order No. 3750 also allows the engagement of children aged 16 years in the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspectorate (section 14); work involving vertical wheels, winches and pulleys (section 15); the operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Government expressed a commitment to amend all the provisions that were not in conformity with the Convention in the context of a reform of laws and regulations as part of the implementation of the PCNPETE. The Committee notes with deep concern the Government’s information that the legislative reform it had reported is still ongoing. Recalling that it has been referring to this issue since 2006, the Committee urges the Government to take the necessary measures as rapidly as possible to bring its legislation into conformity with the Convention in order to guarantee that children under 16 years cannot be engaged in work in underground mines and quarries. The Committee further urges the Government to ensure that the conditions provided for in Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the hazardous types of work covered by Order No. 3750 of 6 June 2003, including that they have received adequate specific instructions and training in the particular types of hazardous work. It requests the Committee to provide copies of the regulatory texts concerned once they have been adopted.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption and launching of the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE). The PCNPETE provides for the organization of awareness-raising campaigns on the damage caused by child labour; the holding of capacity-building workshops for civil society, the social partners and the administration; the integration of action to combat child labour in sectoral policies and development programmes; the conduct of a national survey on child labour by 2014; expanding the provision of education and training; and reinforcing and harmonizing the national legal framework.

The Committee notes the Government’s indication in its report that the national legal framework is being harmonized following the adoption of the PCNPETE and that draft texts are being prepared. The Government adds that a plan of action has been drawn up but that, in the absence of technical and financial partners, the budget has still not been mobilized. The Committee also notes, according to the concluding observations of the Committee on the Rights of the Child of 7 March 2016, that various new institutional and political measures, including the creation of a national inter-sectoral committee and departmental committees on child protection to coordinate the implementation of the National Strategy on Child Protection, and the adoption of a Programme for the Improvement of Quality, Equity and Transparency in the Education and Training Sector (2012–25) (CRC/C/SEN/CO/3-5, paras 5 and 11). The Committee further notes that, according to the ILO’s 2014 publication “The twin challenges of child labour and educational marginalization in the ECOWAS region”, the number of children between the ages of five and 14 years involved in employment is 510,420, or 14.9 per cent of children in Senegal. The Committee notes with concern the high number of children engaged in child labour in Senegal who have not reached the minimum age for admission to employment of 15 years. The Committee requests that the Government intensify its efforts to combat child labour. It requests that it provide information on the progress made with the legislative amendments and the results achieved through the PCNPETE, as well as the various projects implemented. Noting that no statistical study on child labour has been undertaken, the Committee also requests the Government to intensify its efforts to conduct a new national survey of child labour.

Article 2(1). Minimum age for admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows exemptions from the minimum age for admission to employment by order of the Minister of Labour. The Government reiterated its commitment to review the provisions of the legislation with a view to making the necessary amendments and bringing it into conformity with the provisions of the Convention. The Committee also noted that the PCNPETE provides for the organization of workshops for the preparation of preliminary draft texts to revise the minimum age for admission to work and the exemption for admission to light work.

The Committee notes the Government’s indication that it is endeavouring to bring its legislation into conformity with the Convention and that draft legislative texts have been prepared. Noting that the Government has been referring to the reform of its legislation since 2006, the Committee once again urges it to take the necessary measures to amend the legislation as soon as possible to bring it into conformity with the Convention by providing for exemptions to the minimum age for admission to employment or work only in the cases strictly envisaged by the Convention. It requests that the Government provide copies of the draft legislative texts on this subject.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that, although the national legislation excludes all forms of work performed by children on their own account, in practice poverty has facilitated the development of such activities (shoeshiners, street vendors), which are completely illegal. The Committee noted that dropping out of school and educational wastage are the principal causes of child labour in the informal economy. In this regard, the Committee noted strategy No. 3 of the PCNPETE, which provides for the implementation of measures to extend the supply of education and training, and strategy No. 4 of the PCNPETE, on the strengthening and enforcement of the legal framework, which also envisages the reinforcement of the capacities and resources of the labour inspectorate.

The Committee notes the Government’s indication that the labour inspectorate does not have sufficient resources to monitor the informal economy, but that a process has commenced of reinforcing the resources available to the labour administration services. The Committee recalls that the Convention applies to all forms of work and employment, including children working in the informal economy. It also recalls that the expansion of monitoring mechanisms adapted to the informal economy can be an important means of ensuring the application of the Convention in practice, particularly in countries where the expansion of the scope of the implementing legislation to address children working in the informal economy does not seem to be a practicable solution (see the 2012 General Survey on the fundamental Conventions, paragraph 345). The Committee therefore requests that the Government take measures to adapt and strengthen the labour inspection services to ensure the monitoring of child labour in the informal economy and to ensure that these children are afforded the protection set out in the Convention. It requests that the Government provide information on the measures taken for this purpose.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 respecting child labour provides that the minimum age for admission to hazardous types of work is 18 years. However, it noted that, under the terms of Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of the hazardous types of work prohibited for children and young persons (Order No. 3750), boys under the age of 16 years are authorized to carry out the lightest work in underground mines and quarries, such as loading ore, handling and haulage of small wagons within the weight limits set out in section 6 of the Order, and overseeing or handling ventilation equipment (section 7). Order No. 3750 also allows the engagement of children aged 16 years in the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspectorate (section 14); work involving vertical wheels, winches and pulleys (section 15); the operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Government expressed a commitment to amend all the provisions that were not in conformity with the Convention in the context of a reform of laws and regulations as part of the implementation of the PCNPETE.

The Committee notes the Government’s indication that the exemptions in Order No. 3750 have been removed in the available draft texts. However, it notes that the Government has not provided any copies of this draft legislation. Recalling that the Committee has been referring to this issue since 2006, it urges the Government to take the necessary measures as rapidly as possible to bring its legislation into conformity with the Convention and to ensure that children under 16 years of age cannot be employed in work in underground mines and quarries and that the conditions provided for in Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the types of work covered by Order No. 3750 of 6 June 2003. It requests that the Government provide information on any progress made in this respect.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to a joint report of February 2010 by ILO–IPEC, UNICEF and the World Bank entitled “Understanding children’s work and youth employment in Senegal”, in 2005, the number of children aged between 5 and 14 years who were economically active was estimated at more than 450,000, that is, more than 15 per cent of children in this age group. It noted that this percentage was much higher in rural areas (21 per cent) than in urban areas (5 per cent); 80 per cent worked in agriculture and nearly 22 per cent of children under 15 years of age in urban areas were employed as domestic servants and had an average working week of more than 50 hours. The study also revealed that more than 160,000 young persons between 15 and 17 years of age, that is, nearly 20 per cent of this age group, were compelled to engage in hazardous work.

The Committee notes the information supplied by the Government on the various measures and initiatives taken to combat child labour. It also notes with interest the adoption and launch, in July 2013, of the National Framework Plan for the prevention and elimination of child labour (PCNPETE). Its implementation comprises two phases: (i) a pilot phase (2012–14) focusing on priority actions such as boosting institutional machinery, improving the legal framework, conducting studies on the worst forms of child labour, and the preparation of project files further to which an initial evaluation will be carried out; and (ii) a development phase (2014–16) devoted to the implementation of projects and programmes. The PCNPETE contains five strategic components and provides in particular for: organizing awareness-raising campaigns with regard to the harmful impact of child labour; holding workshops to reinforce capacity for civil society, the social partners and the Government; incorporating action against child labour in sectoral policies and development programmes; conducting a national survey on child labour by 2014; expanding the provision of education and training; and reinforcing and harmonizing the national legal framework.

The Committee further notes that, according to UNICEF information, a National Programme of family assistance bursaries (PNBSF) (2013–17) was launched in 2013 with the objective of providing family assistance bursaries at national level for a total of 250,000 vulnerable families. While duly noting the measures taken by the Government, the Committee strongly encourages it to pursue its efforts to combat child labour, in view of the high number of children who are working without having reached the minimum age for admission to employment and who are exposed to hazardous work. It requests the Government to provide information, in its next report, on the results achieved at the end of the pilot phase of the PCNPETE, and on the projects that have been implemented. It further requests the Government to provide information on progress made with regard to conducting a new national survey on child labour.

Article 2(1). Minimum age for admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows exemptions from the minimum age for admission to employment by order of the Minister for Labour. The Government indicated that a study had been launched to examine the conformity of the national legislation and that, once it had been completed, a second phase would be devoted to amending the legislation in the light of the Convention’s requirements.

The Committee notes that the Government repeats its commitment to reviewing the provisions of the legislation with a view to making the necessary rectifications and bringing it into conformity with the provisions of the Convention. It also notes that the PCNPETE provides for the organization of workshops to prepare preliminary drafts for revision of the minimum age for admission to work and the exemption relating to admission to light work by the end of 2013.

While duly noting the Government’s undertaking to reform the legislation, the Committee points out that it has been raising this issue since 2006. The Committee therefore urges the Government to take the necessary measures to bring its legislation into conformity with the Convention and to only provide for exemptions from the minimum age for admission to employment or work in cases that are strictly authorized by the Convention. It requests the Government to provide information on progress made with regard to the preparation and adoption of preliminary drafts for the revision of the Labour Code, as provided for by the PCNPETE.

Article 2(1) and Part III of the report form. Scope of application and labour inspection. In its previous comments, the Committee noted that, even though the national legislation excludes all forms of self-employment by children, in practice, poverty has facilitated the development of such activities among children (shoeshiners, street vendors), who engage in them illegally. It noted the allegations dated 1 September 2008 from the National Confederation of Workers of Senegal (CNTS) to the effect that even though children working on their own account can be regarded as traders, the minimum age is not respected in the informal economy.

The Committee notes the Government’s indication that dropping out of school and educational wastage are the main causes of child labour in the informal economy. The Government refers to strategic component No. 3 of the PCNPETE, which provides for the implementation of measures to broaden the provision of education and training. Furthermore, the Committee observes that strategic component No. 4 of the PCNPETE, concerning the strengthening and application of the legal framework, also provides for strengthening the capacity and resources of the labour inspectorate by 2014.

With reference to the 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take measures to adapt and strengthen the labour inspection services in order to ensure monitoring of child labour in the informal economy and to ensure that these children are afforded the protection established by the Convention. It requests the Government to supply information in its next report on the measures taken in this regard.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 concerning child labour provides that the minimum age for admission to hazardous work is 18 years. It noted, however, that, according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of hazardous work prohibited for children and young persons (Order No. 3750), boys under the age of 16 years are authorized to carry out the lightest work in underground mines and quarries, such as loading ore, handling and haulage of small wagons within the weight limits set by section 6 of the same Order, and the overseeing or handling of ventilation equipment (section 7). Furthermore, Order No. 3750 allows children aged 16 years to perform the following tasks: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14); the operation of vertical wheels, widgets and pulleys (section 15); operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Committee noted that the Government undertook to amend all the provisions that were not in conformity with the Convention.

The Committee notes the Government’s indication that it has undertaken legislative and regulatory reform in the context of implementation of the PCNPETE with a view to rectifying all inconsistencies between the legislation and the Convention. The Committee observes that the PCNPETE makes provision, among its actions, for the organization of a tripartite workshop for the revision of the provisions of Ministerial Orders Nos 3749–3751 of 6 June 2003 by the end of 2014.

While duly noting the undertaking made by the Government to reform the legislation, the Committee points out that it has been raising this issue since 2006. The Committee therefore urges the Government to take the necessary measures as soon as possible to bring the legislation into conformity with the Convention and ensure that children under 16 years of age cannot be employed in work in underground mines and quarries and that the conditions provided for in Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the work covered by Order No. 3750 of 6 June 2003. It requests the Government to supply information on all progress made in this respect.

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted that, according to a joint report by ILO/IPEC, UNICEF and the World Bank, entitled “Understanding Children’s Work and Youth Employment in Senegal”, of February 2010, in 2005 the number of children aged between 5 and 14 years who were economically active was estimated at more than 455,000, i.e. more than 15 per cent of children in this age group. The percentage is much higher in rural areas (21 per cent) than in urban areas (5 per cent). Agriculture is the sector that employs the largest number of children: 80 per cent of working children between the ages of 5 and 14 years are to be found in agriculture, and nearly 85 per cent of these are unpaid family workers. The report also indicates that child domestic labour is common and that nearly 22 per cent of children at work are involved in this activity in urban areas. Furthermore, children in the 5–14 age group employed as paid domestic servants have an average working week of 52 hours. The average working week for all economic activities engaged in by children aged from 5–14 years is 27 hours. The study also shows that more than 160,000 young persons aged between 15 and 17 years are compelled to engage in hazardous work.

The Committee notes that the Government once again states that it will send the Office information on any developments in the measures to combat child labour and particularly the impact of the programmes under way. However, the Committee observes with regret that the Government has, for a number of years, been stating that it will provide such information. Expressing deep concern at the situation of the many children under 15 years of age who work and at the number of hours devoted to this work, the Committee therefore urges the Government once again to strengthen its efforts to combat child labour, paying particular attention to children who are engaged in hazardous work including domestic work. It once again requests the Government to provide information in its next report on the number of children prevented from entering the labour market prematurely and the number of children withdrawn from work in the context of the action programmes under way.

Article 2(1). 1. Scope of application. In its previous comments the Committee noted that although the national legislation excludes all forms of self employment by children, in practice poverty has facilitated the development of such activities among children (shoeshiners, street vendors), who engage in them illegally. It noted the allegations of 1 September 2008 submitted by the National Confederation of Workers of Senegal (CNTS) to the effect that even though children working on their own account can be regarded as traders, the minimum age is not respected in the informal sector. A number of activities in this area have been carried out by the Government in collaboration with ILO–IPEC with a view to withdrawing self-employed children from work.

The Committee notes the Government’s statement that it affirms its political will to combat child labour, and to focus in particular on the case of children who work on their own account. The Government states that it will inform the Committee of any measures taken to this end and report on the results obtained. The Committee once again requests the Government to intensify its efforts to ensure that children under the age of 15 years who work on their own account are withdrawn from this work. It requests the Government to provide information on the measures taken to this end and on the results obtained in its next report.

2. Minimum age of admission to employment or work. The Committee noted previously that section L.145 of the Labour Code allows waivers from the minimum age of admission to employment by order of the Minister in charge of labour, taking account of local circumstances and the tasks to be performed. It noted the Government’s statement that the question of reform of the legislation is still under study.

The Committee notes that, according to the Government, the revision of the legislation is still under way. A study has begun to examine the consistency of domestic legislation with ILO fundamental standards, including those that concern child labour, and once it has been completed, a second phase will be devoted to amending the legislation in the light of the Convention’s requirements. The Government states, however, that time will be needed as the work cannot be done in the immediate future because the necessary financial resources are lacking.

The Committee reminds the Government that, according to Article 2(1) of the Convention, no one under the minimum age of admission to employment or work specified upon ratification of the Convention (15 years) shall be admitted to employment or work in any occupation, except for light work such as that authorized by Article 7 of the Convention. It also reminds the Government that Article 2(2) of the Convention allows the minimum age to be raised, but not to be lowered once it has been declared. Noting that the Government has been referring since 2006 to the revision of its legislation, the Committee once again urges it to take the necessary steps to ensure that the legislation is amended at the earliest possible date to bring it into line with the Convention by only allowing exceptions to the minimum age for admission to employment or work, such as the one provided for by section L.145 of the Labour Code, in the specific cases set out by the Convention.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 on child labour provides that the minimum age for admission to hazardous work is 18 years. It noted, however, that according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of hazardous tasks prohibited for children and young people (Order No. 3750), some tasks listed as hazardous may be carried out by persons under the age of 16. Thus, pursuant to section 7 of Order No. 3750, work in underground mining and quarrying is authorized for boys under the age of 16 years for light work such as sorting and loading ore, the handling and haulage of small wagons within the weight limits set by section 6 of the same Order, and the overseeing of handling of ventilation equipment. Furthermore, children of 16 years of age are allowed to perform the following tasks: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14); the operation of vertical wheels, widgets and pulleys (section 15); operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Committee reminded the Government that, according to Article 3(3) of the Convention, hazardous work, such as the tasks provided for in Order No. 3750 of 6 June 2003, may be performed by young persons of over 16 years of age on the condition 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 also noted that the Government would undertake to amend all the provisions that are inconsistent with the Convention in the course of the current legislative reform, and to take account of the Committee’s comments.

The Committee notes with regret the information provided by the Government to the effect that the legislative reform is still under way and that for financial reasons, there has been no noteworthy progress since the last report. Noting that the Government has been referring to the legislative reform since 2006, the Committee once again urges it to take the necessary steps to ensure that the legislation is amended at the earliest possible date so as to ensure that children under the age of 16 may not be employed in work in underground mining and quarrying. It also requests the Government once again to take the necessary measures in the context of the present legislative revision, to ensure that the conditions set in Article 3(3) of the Convention are fully guaranteed for young persons aged between 16 and 18 years engaged in the work provided for in Order No. 3750 of 6 June 2003. It requests the Government to provide information on progress made in this regard in its next report.

The Committee encourages the Government, in the course of revising the relevant legislation, to take account of the comments the Committee has been making on the discrepancies between the national legislation and the Convention. It requests the Government to provide information on progress made in this matter and invites it to seek technical assistance from the ILO if necessary.

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

Article 5(1) of the Convention. Exclusion from the scope of application. Further to its previous comments, the Committee notes the information provided by the Government that domestic work and light seasonal work such as picking and sorting on plantations, referred to in section 1 of local Order No. 3723 IT of 17 September 1954 issuing a waiver from the age of admission to employment, are included in the exclusion specified by the Government upon ratification, namely “non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve the integration into their environment and social context”. The Government further indicates that no exemption may be granted which would be likely to violate the provisions inforce concerning compulsory schooling.

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Government is participating in the ILO–IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa”. It also noted that the Government is participating in the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour. In the context of these two projects, the Government has adopted a strategy for the implementation of national initiatives to combat child labour through education, vocational training and apprenticeship. As a result of the implementation of the abovementioned ILO–IPEC project and the TBP, 6,208 children have been prevented from entering the labour market prematurely. Furthermore, 6,023 children have been prevented from working through the provision of education services. However, the Committee noted that, according to the statistics published in the 2007 analysis report on the national survey of child labour in Senegal carried out in 2005, of an estimated 3,759,074 children aged between 5–17 years, 1,378,724 (36.7 per cent) are involved in some activity or work in Senegal and that in 2005 more than two out of ten (21.4 per cent) children aged between
5–9 years had already worked. The large majority of child workers are found in the agricultural sector (75.4 per cent) followed by the stock breeding and fisheries sectors (8 per cent), handicrafts and work on looms (4 per cent), domestic and household jobs (3.1 per cent), sales and services to private persons (5.5 per cent), construction and public works (2.5 per cent) and other (1.5 per cent).

The Committee notes the Government’s indication that information on the impact of the action programmes under way will be communicated at a later date. It notes that, according to the joint report of the ILO–IPEC, UNICEF and the World Bank entitled “Understanding children’s work and youth employment in Senegal”, dated February 2010, in 2005, the number of children aged between
5–14 years who were economically active was estimated at more than 450,000, that is more than 15 per cent of children in this age group. The percentage is much higher in rural environments (21 per cent) than in urban environments (5 per cent). Agriculture is the sector that employs the largest number of children, that is 80 per cent of working children aged between 5–14 years, and nearly 85 per cent of these children are unpaid family workers. The report also indicates that child domestic labour is common and that nearly 22 per cent of children at work are involved in this activity in urban environments. Furthermore, those children aged between 5–14 years who are working as paid domestic servants devote an average of 52 hours per week to this activity. Taking into account all types of economic activity, children aged between 5–14 years work 27 hours per week on average. The study also shows that more than 160,000 young persons aged between
15–17 years are forced to carry out hazardous work. Expressing its serious concern at the high number of children under 15 years of age working, as well as at the number of hours devoted to these activities, the Committee once again urges the Government to redouble its efforts to combat child labour, paying particular attention to children engaged in hazardous work. Furthermore, it once again requests the Government to provide information in its next report on the number of children prevented from entering the labour market prematurely and the number of children withdrawn from work in the context of the action programmes currently under way.

Article 2(1). Scope of application. In its previous comments, the Committee noted that, although the national legislation excludes all forms of self-employment by children, in practice, poverty has facilitated the development of such activities among children (shoe cleaners, street vendors), who engage in them illegally. It noted the allegations made by the National Confederation of Workers of Senegal (CNTS) on 1 September 2008 that even if children working on their own account can be regarded as traders, the minimum age is not respected in the informal sector. In this regard, a number of activities have been carried out by the Government in collaboration with the ILO–IPEC with a view to withdrawing self-employed children from work.

The Committee notes the information provided by the Government in its report concerning the impact of these activities. The Government indicates that under the project to support the social reintegration of children working in refuse scavenging at the Mbeubeuss dump, led by the NGO ENDA–GRAF, 149 children have been removed and enrolled in alternative training. Furthermore, 300 children aged between 12–14 years working in the handicrafts sector in the outlying suburbs of Dakar have benefited from basic training and training in skills in the context of the experimental project to combat child labour through skills development and the elimination of illiteracy, developed in collaboration with the ILO–IPEC. The Committee requests the Government to redouble its efforts to ensure that children under 15 years of age who are working on a self-employed basis are removed from work. It requests the Government to continue providing information on the measures taken in this regard and the results achieved.

Minimum age of admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows waivers from the minimum age of admission to employment by order of the Minister in charge of labour, taking account of local circumstances and the tasks to be performed.

The Committee notes with regret the Government’s indication that the reform of its legislation is still being considered. It reminds the Government that it specified a minimum age of 15 years upon ratifying the Convention and that the waiver from the minimum age of admission to employment, provided for under section L.145 of the Labour Code, is inconsistent with this provision of the Convention. Noting that the Government has been referring to the reform of its legislation since 2006, the Committee once again urges it to take the necessary steps to ensure the amendment of its legislation as soon as possible to bring it into line with the Convention by allowing waivers from the minimum age for admission to employment or work only in the cases strictly set forth in the Convention. It requests it to provide information on the progress made in this regard.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 on child labour provides for a minimum age of 18 years for admission to hazardous work. It noted, however, that, according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work prohibited for children and young persons (Order No. 3750), certain types of hazardous work could be performed by persons under 16 years of age. For example, under section 7 of Order No. 3750 of 6 June 2003, male children under 16 years of age may carry out the lightest work in underground mines, quarries and other mineral extraction plants, such as the sorting and loading of ore, the handling and haulage of trucks within the weight limits set by section 6 of the same Order, and the overseeing or handling of ventilation equipment. Furthermore, children of 16 years of age are allowed to perform the following types of work: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14); operation of vertical wheels, widgets and pulleys (section 15); operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of hazardous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). It also noted that the Government had undertaken to remedy all the provisions that are inconsistent with the Convention in the context of the legislative revision under way and to take the Committee’s comments into account.

The Committee notes the information provided by the Government that the announced legislative revision is still under way. It also notes that the 13 decrees relating to occupational safety and health adopted on 15 November 2006 do not specifically take into account the situation of children under 18 years of age who are engaged in hazardous work, as authorized under Order No. 3750 of 6 June 2003. The Committee reminds the Government that, under Article 3(3) of the Convention, hazardous work, such as the tasks provided for in Order No. 3750 of 6 June 2003, may be performed by young persons of over 16 years of age 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. Noting that the Government has been referring to the reform of its legislation since 2006, the Committee urges it to take the necessary measures to ensure that its legislation is amended as soon as possible so as to ensure that children under 16 years of age may not be employed in underground mines and quarries. It also once again requests the Government to take the necessary measures to ensure that, as part of the ongoing legislative revision, the conditions laid down in Article 3(3) of the Convention are fully ensured for young persons aged between 16–18 years engaged in the work provided for in Order No. 3750 of 6 June 2003. It requests the Government to provide information on the progress made in this regard.

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

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

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 5, paragraphs 1 and 4(a), and Article 7, paragraph 1, of the Convention. Exclusion from the scope of application and light work. In its previous comments, the Committee had noted the Government’s statement that upon ratification it wished to exclude from the scope of the Convention “non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve their integration into their environment and social context”. The Committee had also noted that under section 1(2) of Ministerial Order No. 3748 of 6 June 2003 on child labour and section 1(1) of Ministerial Order No. 3750 of 6 June 2003 establishing the nature of dangerous work prohibited for children and young people, the minimum age of 15 years may be reduced to 12 years for work carried out in the family context which does not jeopardize the child’s health, morals or schooling. The Committee notes that, according to the Government, pursuant to local Order No. 3723 IT of 17 September 1954 issuing a waiver from the age of admission to employment, which is still in force, the work concerned is seasonal in nature such as picking and sorting on plantations. The Government further indicates that no waivers from the minimum age for employment may be granted that would be liable to breach the rules on compulsory schooling. The Committee requests the Government to indicate whether the seasonal work such as picking and sorting in plantations, referred to in section 1(2) of Ministerial Order No. 3748 and section 1(1) of Ministerial Order No. 3750 is included in the exclusion specified by the Government upon ratification, namely “non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve their integration into their environment and social context”. If not, the Committee requests the Government to take the necessary steps to raise the minimum age for access to light work to 13 years, as required by Article 7(1) of the Convention.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the observations by the National Confederation of Workers of Senegal (CNTS) set out in a communication of 1 September 2008.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee had noted with interest that the Government is participating in an
ILO–IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa”, the overall objective of which is to contribute to abolishing child labour. It had also noted with interest that the Government is participating in the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour. It had observed that in the context of these two projects, the Government has adopted a strategy for the implementation of national initiatives to combat child labour through education, vocational training and apprenticeship. Lastly, it had noted that a national child labour survey was carried out in Senegal and that the data collected were being analysed.

The Committee noted the Government’s information that, as a result of the implementation of the abovementioned ILO–IPEC project and the TBP, 6,208 children had been prevented from entering the labour market too early. The Government further indicated that in the context of the ILO–IPEC projects, two action programmes had been implemented and had prevented 6,023 children from working through the provision of education services. The Committee further noted that the Government had sent a number of statistics published in the 2007 analysis report on the national survey of child labour in Senegal carried out in 2005. It noted that of an estimated 3,759,074 children aged from 5 to 17 years, 1,378,724 (36.7 per cent) were involved in some activity or work in Senegal and that in 2005 more than two out of ten (21.4 per cent) children aged from 5 to 9 years had already worked. The Government also stated that boys appeared to be more affected by child labour since 26.4 per cent of boys 5–9 years of age, as opposed to 15.9 per cent for girls, and 51.7 per cent of boys of 10–14 years of age, as compared to 36.2 per cent for girls, are working. The report also showed that, overall, 1,739,571 children were forced to engage in housework, i.e. 46.3 per cent of all children aged from 5 to 17 years. Furthermore, in addition to the housework performed by some children, and regardless of their age or sex, the great majority of child workers were to be found in the agricultural sector (75.4 per cent) followed by the stockbreeding and fisheries sectors (8 per cent), handicrafts and work on looms (4 per cent), domestic and household jobs (3.1 per cent), sales and services to private persons (5.5 per cent), construction and public works (2.5 per cent), other (1.4 per cent). While noting the measures taken by the Government to abolish child labour, the Committee once again expresses concern at the number and percentage of children still working in the various sectors and requests the Government to redouble its efforts to combat child labour. It further asks the Government to continue to send information on the impact of the action programmes currently under way in terms of the numbers of children prevented from entering the labour market too early and the number of children withdrawn from work.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted the Government’s statement that self-employed workers are treated as traders and that children may not be self-employed because their status as minors precludes their entering freely into contracts. It had further noted that although the national legislation excludes all forms of self-employment by children, in practice, poverty has facilitated the development of such activities among children (shoe cleaners, hawkers), who engage in them illegally.

The Committee noted the allegations of 1 September 2008 by the CNTS that even if children working on their own account can be regarded as traders, the minimum age is not well-observed in the informal sector. The CNTS accordingly asked the Government to indicate what policy it intended to apply in order to protect such children, most of whom have had no basic education and are in no kind of training.

In this regard, the Government indicated that, in collaboration with ILO–IPEC, it had carried out a number of activities with a view to withdrawing self-employed children from work. They included:

(a)    taking charge of children working in the handicrafts sector, in refuse scavenging at the Mbeubess dump, and street children;

(b)    giving families access to replacement income and assisting them in developing income-generating activities;

(c)    raising public awareness through surveys, media reports and audiovisual documents, as well as displays, brochures and flyers, in French and the national languages, about child labour;

(d)    improving children’s access to and maintenance in school;

(e)    providing children with basic training and training in skills that afford them better work prospects.

The Committee once again requests the Government to provide information on the impact of the abovementioned measures in terms of the number of children who are not bound by an employment relationship, such as those working on their own account, who have been withdrawn from work.

Minimum age of admission to employment or work. In its previous comments, the Committee had noted that section L.145 of the Labour Code allowed waivers from the minimum age of admission to employment by order of the Minister in charge of labour, taking account of local circumstances and the tasks to be performed. The Committee had reminded the Government that it had specified a minimum age of 15 years upon ratifying the Convention and that the waiver allowed by section L.145 of the Labour Code was inconsistent with this provision of this Convention. The Committee had noted the information from the Government to the effect that it was revising the legislation in order to make the necessary amendments. It had noted that a legislative study had been carried out in the context of the
ILO–IPEC TBP, which identified shortcomings in Senegal’s legislation in relation to the Convention. The findings of the study were submitted to the competent authorities so that they could take the appropriate action. The Committee had also noted that, according to the Government, no orders had been issued granting waivers from the minimum age for admission to employment or work and determining the nature of the light work that may be carried out in a family context.

The Committee noted the information sent by the Government to the effect that the matter was still under study by the competent authorities. The Committee once again urges the Government to take steps to ensure that the competent authorities’ work leads to the amendment of section L.145 of the Labour Code in the near future to bring it into line with the Convention by allowing waivers from the minimum age for admission to employment or work only in the instances set forth in the Convention. It once again requests the Government to provide information on all developments in this respect in its next report.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. In its previous comments, the Committee had noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 on child labour provided for a minimum age of 18 years for admission to hazardous work. It had observed, however, that according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work prohibited for children and young persons (Order No. 3750 of 6 June 2003), certain types of hazardous work could be performed by persons under 16 years of age. For example, section 7 of Order No. 3750 of 6 June 2003 allows work in underground mines, quarries and other mineral extraction plants by male children under 16 years of age. The Committee had also noted that children 16 years of age were allowed to perform the following types of work: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14), operation of vertical wheels, winches and pulleys (section 15), operation of steam valves (section 18), work on mobile platforms (section 20) and the performance of hazardous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Committee had observed that the requirements set forth in Article 3(3) of the Convention appeared not to be fulfilled. It had noted the information supplied by the Government to the effect that in the course of the ongoing amendment of the laws and regulations, all these issues and inconsistencies would be remedied so as to harmonize the Convention and the national legislation. The Committee had also noted that on the matter of children’s safety and health, 13 texts were in the process of adoption under the Labour Code to take account of the situation of children authorized to work.

The Committee noted the Government’s information that the work in underground mines, quarries and other mineral extraction plants which may be done by male children under 16 years of age pursuant to section 7 of Order No. 3750 of 6 June 2003 consists of light work such as the sorting and loading of ore, the handling and haulage of trucks within the weight limits set by section 6 of the same Order, and the overseeing or handling of ventilation equipment. The Government added that permits for young people of 16 years or more for work with circular saws are issued only after an inquiry and may be revoked. Lastly, the Government indicated that the jobs provided for in section 15, 18, 20 and 21 of Order No. 3750 of 6 June 2003 which may be performed by young people of at least 16 years of age, are authorized in full observance of the letter and spirit of the Convention. The Committee noted that, according to the Government, all the other provisions that are inconsistent with the Convention are to be remedied in the context of the legislative revision, which was still ongoing, and account taken of the Committee’s comments.

The Committee reminds the Government that under Article 3(3) of the Convention, hazardous work, such as the tasks provided for in Order No. 3750 of 6 June 2003, may be performed by young persons of over 16 years of age 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 once again requests the Government to take measures to ensure that, as part of the ongoing legislative revision, the minimum age for admission to work underground in mines, quarries and other mineral extraction plants is 16 years both for girls and for boys. It also asks the Government to take the necessary measures to ensure that the conditions set in Article 3(3) of the Convention are fully ensured for young persons aged 16–18 years engaged in the jobs provided for in sections 14, 15, 18, 20 and 21 of Order No. 3750 of 6 June 2003. It requests the Government to provide copies of the 13 texts on occupational safety and health that take account of the situation of children authorized to work, as soon as they are adopted. Lastly, the Committee once again expresses the hope that the legislative revision will be completed in the near future, and asks the Government to provide information on progress made in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Article 5, paragraphs 1 and 4(a), and Article 7, paragraph 1, of the Convention. Exclusion from the scope of application and light work. In its previous comments, the Committee had noted the Government’s statement that upon ratification it wished to exclude from the scope of the Convention “non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve their integration into their environment and social context”. The Committee had also noted that under section 1(2) of Ministerial Order No. 3748 of 6 June 2003 on child labour and section 1(1) of Ministerial Order No. 3750 of 6 June 2003 establishing the nature of dangerous work prohibited for children and young people, the minimum age of 15 years may be reduced to 12 years for work carried out in the family context which does not jeopardize the child’s health, morals or schooling. The Committee notes that, according to the Government, pursuant to local Order No. 3723 IT of 17 September 1954 issuing a waiver from the age of admission to employment, which is still in force, the work concerned is seasonal in nature such as picking and sorting on plantations. The Government further indicates that no waivers from the minimum age for employment may be granted that would be liable to breach the rules on compulsory schooling. The Committee requests the Government to indicate whether the seasonal work such as picking and sorting in plantations, referred to in section 1(2) of Ministerial Order No. 3748 and section 1(1) of Ministerial Order No. 3750 is included in the exclusion specified by the Government upon ratification, namely “non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve their integration into their environment and social context”. If not, the Committee requests the Government to take the necessary steps to raise the minimum age for access to light work to 13 years, as required by Article 7, paragraph 1, of the Convention.

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

The Committee notes the observations by the National Confederation of Workers of Senegal (CNTS) set out in a communication of 1 September 2008.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee had noted with interest that the Government is participating in an ILO–IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa”, the overall objective of which is to contribute to abolishing child labour. It had also noted with interest that the Government is participating in the ILO–IPEC Time-bound programme (TBP) on the worst forms of child labour. It had observed that in the context of these two projects, the Government has adopted a strategy for the implementation of national initiatives to combat child labour through education, vocational training and apprenticeship. Lastly, it had noted that a national child labour survey was carried out in Senegal and that the data collected were being analysed.

The Committee notes the Government’s information that, as a result of the implementation of the abovementioned ILO–IPEC project and the TBP, 6,208 children have been prevented from entering the labour market too early. The Government further indicates that in the context of the ILO–IPEC projects, two action programmes have been implemented and have prevented 6,023 children from working through the provision of education services. The Committee further notes that the Government has sent a number of statistics published in the 2007 analysis report on the national survey of child labour in Senegal carried out in 2005. It notes that of an estimated 3,759,074 children aged from 5 to 17 years, 1,378,724 (36.7 per cent) are involved in some activity or work in Senegal and that in 2005 more than two out of ten (21.4 per cent) children aged from 5 to 9 years had already worked. The Government also states that boys appear to be more affected by child labour since 26.4 per cent of boys 5 to 9 years of age, as opposed to 15.9 per cent for girls, and 51.7 per cent of boys of 10 to 14 years of age, as compared to 36.2 per cent for girls, are working. The report also showed that, overall, 1,739,571 children are forced to engage in housework, i.e. 46.3 per cent of all children aged from 5 to 17 years. Furthermore, in addition to the housework performed by some children, and regardless of their age or sex, the great majority of child workers are to be found in the agricultural sector (75.4 per cent) followed by the stockbreeding and fisheries sectors (8 per cent), handicrafts and work on looms (4 per cent), domestic and household jobs (3.1 per cent), sales and services to private persons (5.5 per cent), construction and public works (2.5 per cent), other (1.4 per cent). While noting the measures taken by the Government to abolish child labour, the Committee expresses concern at the number and percentage of children still working in the various sectors and requests the Government to redouble its efforts to combat child labour. It further asks the Government to continue to send information on the impact of the action programmes currently under way in terms of the numbers of children prevented from entering the labour market too early and the number of children withdrawn from work.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee noted the Government’s statement that self-employed workers are treated as traders and that children may not be self-employed because their status as minors precludes their entering freely into contracts. It had further noted that although the national legislation excludes all forms of self-employment by children, in practice, poverty has facilitated the development of such activities among children (shoe cleaners, hawkers), who engage in them illegally.

The Committee notes the allegations of 1 September 2008 by the CNTS that even if children working on their own account can be regarded as traders, the minimum age is not well-observed in the informal sector. The CNTS accordingly asks the Government to indicate what policy it intends to apply in order to protect such children, most of whom have had no basic education and are in no kind of training.

In this regard, the Government indicates that, in collaboration with ILO–IPEC, it has carried out a number of activities with a view to withdrawing self-employed children from work. They include:

(a)   taking charge of children working in the handicrafts sector, in refuse scavenging at the Mbeubess dump, and street children;

(b)   giving families access to replacement income and assisting them in developing income-generating activities;

(c)   raising public awareness through surveys, media reports and audiovisual documents, as well as displays, brochures and flyers, in French and the national languages, about child labour;

(d)   improving children’s access to and maintenance in school;

(e)   providing children with basic training and training in skills that afford them better work prospects.

The Committee requests the Government to provide information on the impact of the abovementioned measures in terms of the number of children who are not bound by an employment relationship, such as those working on their own account, who have been withdrawn from work.

2. Minimum age of admission to employment or work. In its previous comments, the Committee had noted that section L.145 of the Labour Code allowed waivers from the minimum age of admission to employment by order of the Minister in charge of labour, taking account of local circumstances and the tasks to be performed. The Committee had reminded the Government that it had specified a minimum age of 15 years upon ratifying the Convention and that the waiver allowed by section L.145 of the Labour Code was inconsistent with this provision of this Convention. The Committee had noted the information from the Government to the effect that it was revising the legislation in order to make the necessary amendments. It had noted that a legislative study had been carried out in the context of the ILO–IPEC TBP, which identified shortcomings in Senegal’s legislation in relation to the Convention. The findings of the study were submitted to the competent authorities so that they could take the appropriate action. The Committee had also noted that, according to the Government, no orders had been issued granting waivers from the minimum age for admission to employment or work and determining the nature of the light work that may be carried out in a family context.

The Committee notes the information sent by the Government to the effect that the matter is still under study by the competent authorities. The Committee urges the Government to take steps to ensure that the competent authorities’ work leads to the amendment of section L.145 of the Labour Code in the near future to bring it into line with the Convention by allowing waivers from the minimum age for admission to employment or work only in the instances set forth in the Convention. It requests the Government to provide information on all developments in this respect in its next report.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. In its previous comments, the Committee had noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 on child labour provided for a minimum age of 18 years for admission to hazardous work. It had observed, however, that according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work prohibited for children and young persons (“Order No. 3750 of 6 June 2003”), certain types of hazardous work could be performed by persons under 16 years of age. For example, section 7 of Order No. 3750 of 6 June 2003 allows work in underground mines, quarries and other mineral extraction plants by male children under 16 years of age. The Committee had also noted that children 16 years of age were allowed to perform the following types of work: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14), operation of vertical wheels, winches and pulleys (section 15), operation of steam valves (section 18), work on mobile platforms (section 20) and the performance of hazardous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Committee had observed that the requirements set forth in Article 3, paragraph 3, of the Convention appeared not to be fulfilled. It had noted the information supplied by the Government to the effect that in the course of the ongoing amendment of the laws and regulations, all these issues and inconsistencies would be remedied so as to harmonize the Convention and the national legislation. The Committee had also noted that on the matter of children’s safety and health, 13 texts were in the process of adoption under the Labour Code to take account of the situation of children authorized to work.

The Committee notes the Government’s information that the work in underground mines, quarries and other mineral extraction plants which may be done by male children under 16 years of age pursuant to section 7 of Order No. 3750 of 6 June 2003 consists of light work such as the sorting and loading of ore, the handling and haulage of trucks within the weight limits set by section 6 of the same Order, and the overseeing or handling of ventilation equipment. The Government adds that permits for young people of 16 years or more for work with circular saws are issued only after an inquiry and may be revoked. Lastly, the Government indicates that the jobs provided for in section 15, 18, 20 and 21 of Order No. 3750 of 6 June 2003 which may be performed by young people of at least 16 years of age, are authorized in full observance of the letter and spirit of the Convention. The Committee notes that, according to the Government, all the other provisions that are inconsistent with the Convention are to be remedied in the context of the legislative revision, which is still ongoing, and account taken of the Committee’s comments.

The Committee reminds the Government that under Article 3, paragraph 3, of the Convention, hazardous work, such as the tasks provided for in Order No. 3750 of 6 June 2003, may be performed by young persons of over 16 years of age 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 requests the Government to take measures to ensure that, as part of the ongoing legislative revision, the minimum age for admission to work underground in mines, quarries and other mineral extraction plants is 16 years both for girls and for boys. It also asks the Government to take the necessary measures to ensure that the conditions set in Article 3, paragraph 3, of the Convention are fully ensured for young persons aged 16 to 18 years engaged in the jobs provided for in sections 14, 15, 18, 20 and 21 of Order No. 3750 of 6 June 2003. It requests the Government to provide copies of the 13 texts on occupational safety and health that take account of the situation of children authorized to work, as soon as they are adopted. Lastly, the Committee expresses the hope that the legislative revision will be completed in the near future, and asks the Government to provide information on progress made in this regard.

The Committee is addressing a direct request to the Government on one specific point.

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

Article 7, paragraph 3, of the Convention. Determination of light work. The Committee notes that, under the terms of section 1(2) of Ministerial Order No. 3748 of 6 June 2003 respecting child labour and section 1(1) of Ministerial Order No. 3750 of 6 June 2003 determining the nature of hazardous types of work prohibited for children and young persons, the minimum age of 15 years may be reduced to 12 years for work performed in the family context and which is not prejudicial to the health, morals or schooling of the child. The Committee requests the Government to indicate the types of work which children of 12 years of age may undertake in the context of the above provisions and the employment conditions in which they may be undertaken.

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

The Committee notes the Government’s report. It also notes the observations made by the National Confederation of Employers of Senegal (CNES) and the National Confederation of Workers of Senegal (CNTS) concerning certain allegations of failure to apply the Convention, and the Government’s comments in reply to the issues raised by the CNES and the CNTS.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the report on the ILO/IPEC National Programme for the Elimination of the Exploitation of Children at Work in Senegal (1998–2001), children who are usually engaged in production mainly work as family helpers (78 per cent), employed persons (9 per cent), apprentices (6 per cent) and own-account workers (5 per cent). The ILO/IPEC report also indicated that many girls are engaged as domestic workers, of whom a certain number were aged between 6 and 14 years. The Committee requested the Government to continue providing information on the manner in which the Convention was applied in practice.

The Committee notes with interest that the Government is participating in the ILO/IPEC project entitled “Contribution to the abolition of child labour in French-speaking Africa”, in which Benin, Burkina Faso, Madagascar, Mali, Morocco, Niger and Togo are also participating. The general objective of this project is to contribute to the abolition of child labour by strengthening the capacities of national partners, raising awareness and social mobilization and direct action to prevent and combat child labour. The Committee also notes with interest that the Government is participating in the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour. It observes that, in the context of the two above projects, the Government has adopted a strategy for the implementation of national initiatives to combat child labour through education, vocational training and apprenticeship. The Committee further notes that in 2004 several regional committees to combat child labour were established in the various regions of the country. Moreover, according to the activity reports for the ILO/IPEC project “Contribution to the abolition of child labour in French-speaking Africa” of 2006, a national survey of child labour was carried out in Senegal and the data collected are currently being analysed. The Committee greatly appreciates the measures taken by the Government to abolish child labour, and it considers these measures as an affirmation of a political will to develop strategies to combat this problem. It therefore strongly encourages the Government to pursue its efforts to combat child labour and requests it to provide information on the implementation of the projects referred to above, and on the results achieved in terms of the progressive abolition of child labour and access to education. The Committee also requests the Government to provide information on the national survey of child labour when the data has been analysed.

Article 2, paragraph 1. 1. Scope of application. In its previous comments, the Committee noted that, under the terms of sections L.2 and L.145 of the Labour Code and section 2 of the Order of 6 June 2003 respecting child labour, work carried out by children on their own account is not covered by the protection provided for in the Labour Code and the Orders respecting child labour. It requested the Government to provide information on the manner in which the protection envisaged by the Convention was guaranteed for children exercising an economic activity on their own account. In its report, the Government indicates that children who work on their own account are governed by the provisions of the Code of Civil and Commercial Obligations, as well as those of the OHADA Uniform Act relating to General Commercial Law. Under the terms of the latter, a self-employed worker is assimilated to a trader and no child may be a self-employed worker due to her/his status as a minor who does not have the capacity to enter freely into contracts. According to the Government, although the Senegalese legislation excludes any form of self-employment for children, in practice poverty has facilitated the development of such activities among children (shoe-cleaners, hawkers), who carry them on totally illegally. In this respect, every effort is made to remove children from these activities and give them a healthy occupation. According to the Government, the choice of this strategy, rather than the implementation of measures to protect children who work outside an employment relationship, is more effective in combating child labour. Noting the indications provided by the Government, the Committee requests it to provide information on the measures adopted to remove from work children who are not bound by an employment relationship, such as those working on their own account.

2. Minimum age for admission to employment or work. In its previous comments, the Committee noted that section L.145 of the Labour Code provides for the possibility of derogating from the minimum age for admission to employment by order of the minister responsible for labour, taking into account local circumstances and the tasks to be performed. The Committee reminded the Government that it had specified a minimum age of 15 years when ratifying the Convention and that the derogation from the minimum age for admission to employment under section L.145 of the Labour Code was not in conformity with this provision of the Convention. It requested the Government to provide information on the measures adopted or envisaged to bring its legislation into conformity with the Convention.

The Committee notes that the CNTS indicates in its comments that a bill should be prepared rapidly to correct the provisions of section L.145 of the Labour Code in relation to the provision that is made for derogation from the minimum age for admission to employment. The Committee also notes the information provided by the Government in its report that it is aware that the derogation from the minimum age for admission to employment set out in section L.145 of the Labour Code is contrary to the provisions of Convention No. 138. It was this which led it to revise the legislation with a view to making the necessary corrections. Accordingly, a legislative study was carried out in the context of the ILO/IPEC TBP, which identified the shortcomings in the Senegalese legislation in relation to the Convention. The conclusions of this study were submitted to the competent authorities so that they could take the relevant measures. However, before any decision is taken in this respect, the Government has established a programme to raise the awareness of parliamentarians and public authorities. The Committee also notes the Government’s indication that no order has been adopted granting a derogation from the minimum age for admission to employment or work and determining the nature of the light work which may be undertaken in the family context. The Committee hopes that the work undertaken by the competent authorities will result in an amendment to section L.145 of the Labour Code in the near future with a view to bringing it into conformity with the Convention by only providing for derogations from the minimum age for admission to employment or work in the cases envisaged by the Convention. It requests the Government to provide information on any new developments in this respect.

Article 2, paragraph 3. Age of completion of compulsory schooling. With reference to its previous comments, the Committee notes with interest that Act No. 2004-37 of 15 December 2004 amending and supplementing the Framework Act for National Education No. 91-92 of 16 February 1991 added a section 3bis to this latter Act providing that schooling shall be compulsory and free in public educational establishments for all children of both sexes aged between the ages of 6 and 16 years.

Article 3, paragraph 3. Admission to hazardous work as from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 respecting child labour provides for a minimum age of 18 years for admission to types of hazardous work. It however noted that, under the terms of Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the types of hazardous work prohibited for children and young persons [hereinafter, Order No. 3750 of 6 June 2003], certain types of hazardous work could be performed by persons aged under 16 years. For example, under the terms of section 7 of Order No. 3750 of 6 June 2003, work in underground tunnels in mines, open cast mines and quarries was permitted for boys under the age of 16 years. The Committee also noted that it was permitted to employ young persons of 16 years of age on the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspector (section 14), operating vertical wheels, winches and pulleys (section 15), operating steam valves (section 18), work performed on mobile platforms (section 20) and performing hazardous feats in public performances in theatres, cinemas, cafes, circuses or cabarets (section 21). The Committee noted that, on the one hand, the upshot of certain of these provisions is that the minimum age for admission to hazardous types of work is under 16 years of age and, on the other, that the conditions envisaged in Article 3, paragraph 3, of the Convention did not appear to be complied with.

The Committee notes that the CNTS indicates in its comments that, with regard to the admission of young persons under 16 years of age to hazardous types of work, it wishes to be consulted and that it is urgent to implement a specific and appropriate training policy in the branches of activity covered by the Convention. The Committee notes the information communicated by the Government according to which it is aware of the non-conformity of certain provisions of the Order determining the types of hazardous work prohibited for children and young persons with Article 3, paragraph 3, of the Convention. Accordingly, in the context of the current reform of the law and regulations, all these aspects and contradictions will be corrected so as to ensure coherence between the provisions of the Convention and those of the national legislation. The Committee also notes the information provided by the Government that, with regard to the health and safety of children, 13 legal texts are currently being adopted under the Labour Code and take into account the situation of children who are authorized to work. However, according to the Government, there are no specific provisions respecting children since, once they are authorized to work in types of work deemed to be hazardous, they benefit from the same protection as that afforded to adults. Furthermore, the adequate specific instruction in the relevant branch of activity envisaged by the Convention does not currently exist. The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific training in the relevant branch of activity. It hopes that the current legislative reform will take into account the comments made above and requests the Government to consult the organizations of employers and workers. The Committee requests the Government to provide information on any new development in this respect.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee notes that, under the terms of sections L.2 and L.145 of the Labour Code and section 2 of the Order of 6 June 2003 respecting child labour, work carried out by children on their own account is not covered by the protection provided for in the Labour Code and the Orders respecting child labour. According to the 1999 report of the Ministry of Labour and Employment entitled "Child labour in Senegal", 5 per cent of child workers carried out work on their own account in 1993; this figure tends to be higher for children living in urban areas. The Committee reminds the Government that the Convention covers all forms of employment or work, including own-account work. It therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is guaranteed for children exercising an economic activity on their own account.

2. Minimum age for admission to employment or work. The Committee notes that section L.145 of the Labour Code provides for the possibility of derogating from the minimum age for admission to employment by order of the Minister responsible for labour, taking into account local circumstances and the tasks to be performed. The Committee reminds the Government that Article 2, paragraph 1, of the Convention provides that no one under the age specified when ratifying the Convention shall be admitted to employment or work in any occupation, and that the only possible exception is for types of light work which, in accordance with Article 7 of the Convention, may be permitted for young persons from 13 to 15 years of age. The Committee recalls that Senegal specified a minimum age of 15 years when ratifying the Convention and that the derogation from the minimum age for admission to employment under section L.145 of the Labour Code is not in conformity with this provision of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to bring its legislation into conformity with the Convention. The Committee also requests the Government to indicate whether orders have been adopted under section L.145(1) of the Labour Code.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that education is a constitutional right recognized for all and guaranteed by the State (article 8 of the Constitution). Article 22 of the Constitution sets forth the right of children to attend school. The Committee notes that the national legislation does not provide that education is compulsory, or even an age for beginning or completing schooling. Act No. 91-22 of 16 February 1991 on the national education policy specifies that the school system is organized in several cycles (basic cycle, secondary and vocational cycles, higher education) and that their length and subdivisions shall be determined by decree. The Committee notes the information provided by the Government to the Economic and Social Council indicating that elementary and intermediate education includes children from 3 to 12 years of age (E/1990/6/Add.25, 31 August 2000, paragraph 105). According to the Government, this basic cycle constitutes the largest component of the educational system in terms of its infrastructure and numbers. According to the statistical data for 1995-96 provided by the Government to the Economic and Social Council, the gross school enrolment rate was 57 per cent for the elementary education, but only 21 per cent for the intermediate education (E/1990/6/Add.25, 31 August 2000, paragraph 108). According to the implementation report of the IPEC programme for Senegal (page 5), the school attendance rate was approximately 62 per cent for the period 1998-99. The Committee notes that compulsory education appears to end at 12 years of age and that the Government specified a minimum age for admission to employment of 15 years when ratifying the Convention. The Committee therefore considers that the obligation deriving from Article 2, paragraph 3, of the Convention is fulfilled in so far as the minimum age for admission to employment or work does not appear to be below the age of completion of compulsory schooling. Nevertheless, the Committee considers that compulsory education is an effective means of combating child labour and that it is necessary to link the minimum age for admission to employment or work with the age limit for compulsory education. If the two do not coincide various problems may arise. If schooling ends before young persons may work legally, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the Committee of Experts on the Application of Conventions and Recommendations (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable for the school-leaving age to coincide with the minimum age for admission to employment or work, as indicated in Paragraph 4 of Recommendation No. 146, in order to avoid a period of forced inactivity. The Committee accordingly requests the Government to indicate the texts governing the education system, and in particular the ages of the beginning and end of compulsory education.

Article 3, paragraph 3. Admission to hazardous work as from the age of 16 years. The Committee notes that section 1 of Order No. 003748/MFPTEOP/DTSS of 6 June 2003 respecting child labour provides for a minimum age for admission to types of hazardous work of 18 years. It also notes that, according to Order No. 003750/MFPTEOP/DTSS of 6 June 2003 establishing the types of hazardous work prohibited for children and young persons, some of these types of hazardous work may be carried out by young persons under the age of 16 years. For example, by virtue of section 7 of Order No. 003750/MFPTEOP/DTSS of 6 June 2003, work in underground tunnels in mines, opencast mines and quarries is permitted for boys under the age of 16 years; these boys may carry out the lightest types of work there, including sorting and loading minerals and manoeuvring and hauling small trucks, within the weight limits set by section 6 of the Order. Section 6 provides that a young person between the ages of 15 and 16 years may carry loads of up to 15 kg in the case of boys and 8 kg for girls, transport loads by hand cart of up to a maximum of 40 kg in the case of boys and 25 kg for girls, transport loads on three- or four-wheeled trucks up to a maximum of 60 kg in the case of boys and 35 kg for girls, transport loads by wooden cart of up to a maximum of 130 kg in the case of boys and 50 kg for girls, and transport loads by tricycle of up to a maximum of 50 kg in the case of boys. Section 14 of Order No. 003750/MFPTEOP/DTSS of 6 June 2003 also provides that derogations may be made from the provisions prohibiting young persons to work using band-saws in the case of young persons over 15 years of age by an authorization in writing from the labour inspector. The Committee notes that the upshot of these provisions is that the minimum age for admission to hazardous types of work is under 16 years of age. It reminds the Government that Article 3, paragraph 3, of the Convention authorizes the employment or work of young persons between the ages of 16 and 18 years under strict conditions of protection and prior training. It therefore requests the Government to take the necessary measures to amend sections 6, 7 and 14 of Order No. 003750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work in order to ensure that the types of hazardous work indicated in this Order may be carried out only by young persons of at least 16 years of age and only under the protective conditions required by Article 3, paragraph 3, of the Convention.

Furthermore, the Committee notes that it is permitted to employ young persons of 16 years of age on the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspector (section 14 of Order No. 003750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work), operating vertical wheels, winches and pulleys (section 15), operating steam valves (section 18), work performed on mobile platforms (section 20) and performing hazardous feats in public performances in theatres, cinemas, cafes, circuses or cabarets (section 21). The Committee reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the employers’ and workers’ organizations concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 years to hazardous types of employment or work constitutes an exception to the general principle of Article 3, paragraph 1, of the Convention, which sets a minimum age of 18 years for admission to these types of work. The Committee therefore requests the Government to indicate whether measures are envisaged in the national legislation to ensure that the health, safety and morals of young persons are fully protected and that young persons working in hazardous types of activities receive adequate specific vocational training in the branch of activity concerned.

Article 5, paragraphs 1 and 4(a). The Committee notes that when ratifying the Convention the Government specified that it wished to exclude from its scope of application "non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve their integration into their environment and social context". It also notes that in October 1962 the Government ratified the Minimum Age (Agriculture) Convention, 1921 (No. 10), which is still in force in accordance with Article 10 of Convention No. 138. The 1999 report of the Ministry of Labour and Employment entitled "Child labour in Senegal" mentions the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. In this respect, the Committee would be grateful if the Government would provide information on the general employment or work situation of children and young persons in the branch or branches of economic activity excluded from the scope of application of the Convention, and on any progress achieved with a view to extending the application of the provisions of the Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Furthermore, noting the efforts made by the Government with ILO/IPEC support with regard to children working in non-remunerated traditional types of farm or rural work in the family context, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 6. The Committee notes the Government’s statement concerning the preparation of a text on apprenticeships. It notes that, by virtue of section L.145 of the Labour Code, apprenticeships are permitted as from the age of 15 years, which is in conformity with the provisions of Article 6 of the Convention. It also notes that, in accordance with section L.73 of the above Code, the substantive and formal conditions applicable to apprenticeships shall be laid down by decree. Furthermore, the Committee notes that section 9 of the Order of 6 June 1993 respecting child labour provides that persons placed in apprenticeships may not be compelled to perform any type of work related to their occupation on Sundays and national holidays. It also notes that, according to the report of July 1993 of the Ministry of the Economy, Finance and the Plan, an estimated 8,340 apprentices are below 15 years of age. According to IPEC, apprentices work in mechanical repair garages, metallurgical workshops, carpentry workshops, aluminium foundries and tanneries (source: the report on the National Programme for the Elimination of Child Labour in Senegal (1998-2001), June 2002, page 41). The 1999 report of the Ministry of Labour and Employment entitled "Child labour in Senegal" indicates that in 1993 young boys were working as apprentices as from the age of 6-7 years in mechanical repair garages, welding workshops, carpentry workshops and on construction sites. It has also been established that apprentices received general vocational training, health and safety courses and a literacy programme (source: the report on the National Programme for the Elimination of Child Labour in Senegal (1998-2001), June 2002, page 41). The Committee recalls that by virtue of Article 6 of the Convention, the conditions applicable to the work carried out by apprentices shall be prescribed in the national legislation by the competent authority. The Committee requests the Government to provide information on the activities permitted in the context of apprenticeship, the hours of work of apprentices and the rules applicable to holidays, wages, etc.; and to specify the texts applicable to apprenticeship.

Article 9, paragraph 1. Penalties. The Committee notes that, by virtue of section 6 of Decree No. 62-017 of 22 January 1962 establishing the scale of penalties applicable to persons violating the provisions of the Labour Code and its implementing regulations, persons who violate provisions L.145 and L.146 (respecting child labour) of the Labour Code shall be liable to a fine of between 2,000 and 18,000 francs. The same punishment shall be applied to any person who violates the provisions of Order No. 3750 of 6 June 2003 determining the hazardous types of work prohibited for children and young persons. The Committee notes that no sanction is envisaged in relation to Order No. 3748 of 6 June 2003 respecting child labour. It also notes that, by virtue of section 13, provisions contrary to the above Order are repealed. It requests the Government to specify whether the sanctions provided for in section 37 of Order No. 3724 of 30 June 1954 respecting child labour are maintained in so far as they supplement Order No. 3748 of 6 June 2003.

Part III of the report form. In its report of 2001, the Government indicated that the law in Senegal is enforced by the general labour services and that labour inspection is given particular responsibility for the enforcement of labour legislation, including the provisions relating to child labour. The Committee notes that by virtue of section L.190 of the Labour Code, a decree shall determine the conditions of service of labour inspectors. The Committee requests the Government to indicate whether such a text has been adopted and, if so, to provide a copy.

Part V of the report form. The Committee notes the reports on child labour in Senegal prepared by the Ministry of Labour and Employment and the survey carried out in July 2003 by the Ministry of the Economy, Finance and the Plan, the Department for Forecasting and Statistics. It also notes that the report on the National Programme for the Elimination of Child Labour in Senegal (1998-2001), ILO/IPEC, indicates that, according to the surveys carried out from 1993 to 1998, some 293,783 young persons from 6 to 18 years of age were working, that is 15 per cent of this age group. Some 62.3 per cent of these live in rural areas. Children involved in production mainly work as family helpers (78 per cent), wage earners (9 per cent), apprentices (6 per cent) or own-account workers (5 per cent). IPEC also indicates that many girls are employed as domestic workers; some 53,731 of them are under 18 years of age, of whom 20 per cent are between 6 and 14 years of age. The Committee invites the Government to indicate the measures taken or envisaged to bring progressively the actual situation in the country into conformity with its legislation and the Convention. It requests the Government to continue to provide information on the manner in which the Convention is applied and it would be grateful in particular if the Government would provide recent statistical data on the employment of children and young persons, extracts of reports of the inspection services and information on the number and nature of the violations reported and the sanctions imposed.

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

The Committee notes the Government’s report. It notes with interest that Senegal ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), in 2000. It notes that a national programme for the elimination of child labour was approved by the Government and ILO/IPEC in October 1997. The three-year programme was initiated in 1998 and targeted domestic workers, child apprentices and children working on their own account. The Committee also notes that the cooperation between the Government and IPEC is continuing, a Memorandum of Understanding to eliminate child labour and urgently to increase protection against the worst forms of child labour having been signed in January 2003.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee notes that, under the terms of sections L.2 and L.145 of the Labour Code and section 2 of the Order of 6 June 2003 respecting child labour, work carried out by children on their own account is not covered by the protection provided for in the Labour Code and the Orders respecting child labour. According to the 1999 report of the Ministry of Labour and Employment entitled "Child labour in Senegal", 5 per cent of child workers carried out work on their own account in 1993; this figure tends to be higher for children living in urban areas. The Committee reminds the Government that the Convention covers all forms of employment or work, including own-account work. It therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is guaranteed for children exercising an economic activity on their own account.

2. Minimum age for admission to employment or work. The Committee notes that section L.145 of the Labour Code provides for the possibility of derogating from the minimum age for admission to employment by order of the Minister responsible for labour, taking into account local circumstances and the tasks to be performed. The Committee reminds the Government that Article 2, paragraph 1, of the Convention provides that no one under the age specified when ratifying the Convention shall be admitted to employment or work in any occupation, and that the only possible exception is for types of light work which, in accordance with Article 7 of the Convention, may be permitted for young persons from 13 to 15 years of age. The Committee recalls that Senegal specified a minimum age of 15 years when ratifying the Convention and that the derogation from the minimum age for admission to employment under section L.145 of the Labour Code is not in conformity with this provision of the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to bring its legislation into conformity with the Convention. The Committee also requests the Government to indicate whether orders have been adopted under section L.145(1) of the Labour Code.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that education is a constitutional right recognized for all and guaranteed by the State (article 8 of the Constitution). Article 22 of the Constitution sets forth the right of children to attend school. The Committee notes that the national legislation does not provide that education is compulsory, or even an age for beginning or completing schooling. Act No. 91-22 of 16 February 1991 on the national education policy specifies that the school system is organized in several cycles (basic cycle, secondary and vocational cycles, higher education) and that their length and subdivisions shall be determined by decree. The Committee notes the information provided by the Government to the Economic and Social Council indicating that elementary and intermediate education includes children from 3 to 12 years of age (E/1990/6/Add.25, 31 August 2000, paragraph 105). According to the Government, this basic cycle constitutes the largest component of the educational system in terms of its infrastructure and numbers. According to the statistical data for 1995-96 provided by the Government to the Economic and Social Council, the gross school enrolment rate was 57 per cent for the elementary education, but only 21 per cent for the intermediate education (E/1990/6/Add.25, 31 August 2000, paragraph 108). According to the implementation report of the IPEC programme for Senegal (page 5), the school attendance rate was approximately 62 per cent for the period 1998-99. The Committee notes that compulsory education appears to end at 12 years of age and that the Government specified a minimum age for admission to employment of 15 years when ratifying the Convention. The Committee therefore considers that the obligation deriving from Article 2, paragraph 3, of the Convention is fulfilled in so far as the minimum age for admission to employment or work does not appear to be below the age of completion of compulsory schooling. Nevertheless, the Committee considers that compulsory education is an effective means of combating child labour and that it is necessary to link the minimum age for admission to employment or work with the age limit for compulsory education. If the two do not coincide various problems may arise. If schooling ends before young persons may work legally, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the Committee of Experts on the Application of Conventions and Recommendations (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable for the school-leaving age to coincide with the minimum age for admission to employment or work, as indicated in Paragraph 4 of Recommendation No. 146, in order to avoid a period of forced inactivity. The Committee accordingly requests the Government to indicate the texts governing the education system, and in particular the ages of the beginning and end of compulsory education.

Article 3, paragraph 3. Admission to hazardous work as from the age of 16 years. The Committee notes that section 1 of Order No. 003748/MFPTEOP/DTSS of 6 June 2003 respecting child labour provides for a minimum age for admission to types of hazardous work of 18 years. It also notes that, according to Order No. 003750/MFPTEOP/DTSS of 6 June 2003 establishing the types of hazardous work prohibited for children and young persons, some of these types of hazardous work may be carried out by young persons under the age of 16 years. For example, by virtue of section 7 of Order No. 003750/MFPTEOP/DTSS of 6 June 2003, work in underground tunnels in mines, opencast mines and quarries is permitted for boys under the age of 16 years; these boys may carry out the lightest types of work there, including sorting and loading minerals and manoeuvring and hauling small trucks, within the weight limits set by section 6 of the Order. Section 6 provides that a young person between the ages of 15 and 16 years may carry loads of up to 15 kg in the case of boys and 8 kg for girls, transport loads by hand cart of up to a maximum of 40 kg in the case of boys and 25 kg for girls, transport loads on three- or four-wheeled trucks up to a maximum of 60 kg in the case of boys and 35 kg for girls, transport loads by wooden cart of up to a maximum of 130 kg in the case of boys and 50 kg for girls, and transport loads by tricycle of up to a maximum of 50 kg in the case of boys. Section 14 of Order No. 003750/MFPTEOP/DTSS of 6 June 2003 also provides that derogations may be made from the provisions prohibiting young persons to work using band-saws in the case of young persons over 15 years of age by an authorization in writing from the labour inspector. The Committee notes that the upshot of these provisions is that the minimum age for admission to hazardous types of work is under 16 years of age. It reminds the Government that Article 3, paragraph 3, of the Convention authorizes the employment or work of young persons between the ages of 16 and 18 years under strict conditions of protection and prior training. It therefore requests the Government to take the necessary measures to amend sections 6, 7 and 14 of Order No. 003750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work in order to ensure that the types of hazardous work indicated in this Order may be carried out only by young persons of at least 16 years of age and only under the protective conditions required by Article 3, paragraph 3,of the Convention.

Furthermore, the Committee notes that it is permitted to employ young persons of 16 years of age on the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspector (section 14 of Order No. 003750/MFPTEOP/DTSS of 6 June 2003 determining types of hazardous work), operating vertical wheels, winches and pulleys (section 15), operating steam valves (section 18), work performed on mobile platforms (section 20) and performing hazardous feats in public performances in theatres, cinemas, cafes, circuses or cabarets (section 21). The Committee reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, the competent authority may, after consultation with the employers’ and workers’ organizations concerned, where such exist, authorize employment or work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific vocational training in the relevant branch of activity. It is important to specify in this respect that the admission of young persons above the age of 16 years to hazardous types of employment or work constitutes an exception to the general principle of Article 3, paragraph 1, of the Convention, which sets a minimum age of 18 years for admission to these types of work. The Committee therefore requests the Government to indicate whether measures are envisaged in the national legislation to ensure that the health, safety and morals of young persons are fully protected and that young persons working in hazardous types of activities receive adequate specific vocational training in the branch of activity concerned.

Article 5, paragraphs 1 and 4(a). The Committee notes that when ratifying the Convention the Government specified that it wished to exclude from its scope of application "non-remunerated traditional types of farm or rural work carried out by children under 15 years of age in the family context which are intended to improve their integration into their environment and social context". It also notes that in October 1962 the Government ratified the Minimum Age (Agriculture) Convention, 1921 (No. 10), which is still in force in accordance with Article 10 of Convention No. 138. The 1999 report of the Ministry of Labour and Employment entitled "Child labour in Senegal" mentions the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. In this respect, the Committee would be grateful if the Government would provide information on the general employment or work situation of children and young persons in the branch or branches of economic activity excluded from the scope of application of the Convention, and on any progress achieved with a view to extending the application of the provisions of the Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Furthermore, noting the efforts made by the Government with ILO/IPEC support with regard to children working in non-remunerated traditional types of farm or rural work in the family context, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 6. The Committee notes the Government’s statement concerning the preparation of a text on apprenticeships. It notes that, by virtue of section L.145 of the Labour Code, apprenticeships are permitted as from the age of 15 years, which is in conformity with the provisions of Article 6 of the Convention. It also notes that, in accordance with section L.73 of the above Code, the substantive and formal conditions applicable to apprenticeships shall be laid down by decree. Furthermore, the Committee notes that section 9 of the Order of 6 June 1993 respecting child labour provides that persons placed in apprenticeships may not be compelled to perform any type of work related to their occupation on Sundays and national holidays. It also notes that, according to the report of July 1993 of the Ministry of the Economy, Finance and the Plan, an estimated 8,340 apprentices are below 15 years of age. According to IPEC, apprentices work in mechanical repair garages, metallurgical workshops, carpentry workshops, aluminium foundries and tanneries (source: the report on the National Programme for the Elimination of Child Labour in Senegal (1998-2001), June 2002, page 41). The 1999 report of the Ministry of Labour and Employment entitled "Child labour in Senegal" indicates that in 1993 young boys were working as apprentices as from the age of 6-7 years in mechanical repair garages, welding workshops, carpentry workshops and on construction sites. It has also been established that apprentices received general vocational training, health and safety courses and a literacy programme (source: the report on the National Programme for the Elimination of Child Labour in Senegal (1998-2001), June 2002, page 41). The Committee recalls that by virtue of Article 6 of the Convention, the conditions applicable to the work carried out by apprentices shall be prescribed in the national legislation by the competent authority. The Committee requests the Government to provide information on the activities permitted in the context of apprenticeship, the hours of work of apprentices and the rules applicable to holidays, wages, etc.; and to specify the texts applicable to apprenticeship.

Article 9, paragraph 1. Penalties. The Committee notes that, by virtue of section 6 of Decree No. 62-017 of 22 January 1962 establishing the scale of penalties applicable to persons violating the provisions of the Labour Code and its implementing regulations, persons who violate provisions L.145 and L.146 (respecting child labour) of the Labour Code shall be liable to a fine of between 2,000 and 18,000 francs. The same punishment shall be applied to any person who violates the provisions of Order No. 3750 of 6 June 2003 determining the hazardous types of work prohibited for children and young persons. The Committee notes that no sanction is envisaged in relation to Order No. 3748 of 6 June 2003 respecting child labour. It also notes that, by virtue of section 13, provisions contrary to the above Order are repealed. It requests the Government to specify whether the sanctions provided for in section 37 of Order No. 3724 of 30 June 1954 respecting child labour are maintained in so far as they supplement Order No. 3748 of 6 June 2003.

Part III of the report form. In its report of 2001, the Government indicated that the law in Senegal is enforced by the general labour services and that labour inspection is given particular responsibility for the enforcement of labour legislation, including the provisions relating to child labour. The Committee notes that by virtue of section L.190 of the Labour Code, a decree shall determine the conditions of service of labour inspectors. The Committee requests the Government to indicate whether such a text has been adopted and, if so, to provide a copy.

Part V of the report form. The Committee notes the reports on child labour in Senegal prepared by the Ministry of Labour and Employment and the survey carried out in July 2003 by the Ministry of the Economy, Finance and the Plan, the Department for Forecasting and Statistics. It also notes that the report on the National Programme for the Elimination of Child Labour in Senegal (1998-2001), ILO/IPEC, indicates that, according to the surveys carried out from 1993 to 1998, some 293,783 young persons from 6 to 18 years of age were working, that is 15 per cent of this age group. Some 62.3 per cent of these live in rural areas. Children involved in production mainly work as family helpers (78 per cent), wage earners (9 per cent), apprentices (6 per cent) or own-account workers (5 per cent). IPEC also indicates that many girls are employed as domestic workers; some 53,731 of them are under 18 years of age, of whom 20 per cent are between 6 and 14 years of age. The Committee invites the Government to indicate the measures taken or envisaged to bring progressively the actual situation in the country into conformity with its legislation and the Convention. It requests the Government to continue to provide information on the manner in which the Convention is applied and it would be grateful in particular if the Government would provide recent statistical data on the employment of children and young persons, extracts of reports of the inspection services and information on the number and nature of the violations reported and the sanctions imposed.