Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre la edad mínima, 1973 (núm. 138) - Gambia (Ratificación : 2000)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information on this point. It notes, however, that the Constitution of Gambia and the Children’s Act, 2005, set out the rights of children including protection from economic exploitation (article 29, and section 5, respectively). The Committee also notes that according to a report entitled “2006 Findings on the worst forms of child labour – Gambia”, available at the site of the United Nations High Commissioner for Refugees (www.unhcr.org),
the Government of Gambia has implemented a National Policy for Children (2004–08), which includes components addressing child exploitation. The Committee requests the Government to provide information on the impact of the National Policy for Children in abolishing child labour. It also requests the Government to provide information on other measures adopted or envisaged for the effective abolition of child labour, and the results achieved.

Article 2, paragraphs 1, 2, 4 and 5. Minimum age for admission to employment and reasons for specifying 14 years as the minimum age. The Committee notes that, at the time of ratifying the Convention, Gambia declared 14 years to be the minimum age for admission to employment or work. The Committee notes that according to section 45(1) of the Labour Act of 2007, no person shall engage a child in any public or private agricultural, industrial or non-industrial undertaking or in any of their branches. A “child” is defined under section 2 of the Labour Act as persons under 18 years of age. The Committee also notes that by virtue of section 43 of the Children’s Act, the minimum age for engagement in light work is 16 years. The Committee observes that there appears to be various minimum ages for admission to employment or work under the national legislation, which are higher than the minimum age of 14 years specified upon ratification. The Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. It further draws the Government’s attention to Article 2(5) of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date. The Committee requests the Government to provide information on its reasons for specifying a minimum age of 14 years and to indicate whether such reasons subsist.

Article 2, paragraph 3. Compulsory education. The Committee notes that according to article 30(a) of the Constitution, basic education shall be free and compulsory. Section 18 of the Children’s Act recognizes the right of a child to free and compulsory education and further requires the parents or guardian to ensure the attendance of their child in basic education. The Committee notes that according to UNESCO reports, the duration of compulsory schooling is five years. However, the Committee observes that there is no information on the age at which compulsory education starts and finishes. It also notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.165, 6 November 2001; paragraph 54) expressed concern that primary education is not free in practice which limits access to education, especially for girls, disadvantaged children and children from remote areas and at the low enrolment rates and high drop-out rates. The Committee further notes that according to the Gambia multiple indicator cluster survey report (2005–06) estimates, 25 per cent of children aged 5–14 years were involved in some form of child labour. The Committee requests the Government to indicate the age of completion of compulsory education. It also requests the Government to indicate the measures taken or envisaged to increase school enrolment rates and to reduce school drop-out rates, so as to prevent the engagement of children in child labour.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. The Committee notes that section 46(1) of the Labour Act prohibits the engagement of children under the age of 18 years in any occupation or activity that is likely to be harmful to their health, safety, education, morals or development. Subsection (2) of section 46 of the Labour Act states that the Secretary of the State may, after consultation with relevant employers’ and workers’ organizations, specify by notice published in the Gazette occupations or activities mentioned above. The Committee also notes that by virtue of section 41 of the Children’s Act, a child under the age of 18 years shall not be engaged in exploitative work which includes any work that deprives the child of his/her health, education or development. Moreover, according to section 44 of the Children’s Act, a child shall not be engaged in hazardous work which poses a danger to his or her health, safety or morals. Section 44(2) further lists the following types of work considered as hazardous: going to sea; mining and quarrying; carrying heavy loads; work in manufacturing industries where chemicals are used and produced; work in places where machines are used, and work in bars, hotels, and places of entertainment where a child may be exposed to immoral behaviour. The Committee further notes that night work between 8 p.m. to 6 a.m. is prohibited to children (section 42). The Committee finally notes that article 29(2) of the Constitution stipulates that children under the age of 16 years are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or be harmful to their health or physical, mental, spiritual, moral or social development. The Committee notes that there is a discrepancy between the constitutional provisions, which provide for protection from dangerous work for children aged below 16 years, and the provisions of the Labour Act and Children’s Act, which, in accordance with the Convention, lays down a minimum age of 18 years for work that is likely to be harmful to the health, safety, education, morals or development of such persons or prejudicial to their attendance at school or any other vocational or training programme. The Committee requests the Government to take the necessary measures to harmonize the provisions of the Constitution and the Acts in order to ensure that no uncertainty arises as to the requirements of the Convention on this point. It further requests the Government to indicate whether the Secretary of State has issued any notice specifying the types of hazardous activities prohibited to children pursuant to section 46(2) of the Labour Act.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee notes that by virtue of section 3(2), the Labour Act does not apply to domestic service and employment of a member of the employer’s household living in the employer’s house. Section 3(3) of the Labour Act states that the Secretary of State may extend the application of the Act to any of the excluded items by an order published in the Gazette. The Committee recalls that, under Article 4(1) of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4(2), each Member which ratifies the Convention shall list in its first report, which it is bound to submit under article 22 of the Constitution of the International Labour Organization, any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to indicate whether it wishes to avail itself of the possibility to exclude domestic work from the scope of the Convention, in accordance with Article 4(1). If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that the Government initially limited the scope of application of the Convention to those branches of economic activity or types of enterprise contained in Article 5(3) of the Convention. The Committee notes that in its declaration appended to its ratification, the Government indicated the exclusion of family undertakings and small-scale holdings from the scope of application of the Convention. Consequently, the Committee would be grateful if the Government would provide information on the general situation with regard to the employment or work of children and young persons in those branches of activity which are excluded from the scope of application of the present Convention, as well as any progress made with a view to the wider application of the provisions of the Convention, in accordance with Article 5(4)(a) of the Convention.

Article 6. Vocational training and apprenticeship. The Committee notes that section 45(2) of the Labour Act excludes from the minimum age provision (18 years), work done in vocational or technical school or other training institution, if the work is approved and supervised by a public authority, or is an integral part of the educational or vocational training programme for which the school or institution is responsible. It also notes that sections 40–42 of the Labour Act deals with apprenticeship and training and also provides for the terms of an apprenticeship contract. However, the Labour Act does not indicate the minimum age for apprenticeship. The Committee further notes that according to sections 50 and 51 of the Children’s Act, the minimum age at which a child may commence an apprenticeship in an informal sector shall be 12 years or after completion of basic education. Section 52 further lays down the responsibilities of the employer towards an apprentice and section 53 deals with apprenticeship agreements. The Committee reminds the Government that Article 6 of the Convention permits work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee accordingly asks the Government to take the necessary measures to ensure that children under 14 years of age do not undertake apprenticeships including in the informal sector. It also requests the Government to indicate the minimum age for apprenticeship in the formal sector under the Labour Act. The Committee further requests the Government to provide information on the vocational training programmes, enrolment figures and on the conditions prescribed by the relevant competent authorities for any work done by children authorized as a part of a vocational or training institution, including the relevant laws and regulations.

Article 7. Light work. The Committee notes that according to section 43(1) of the Children’s Act, the minimum age for engagement of a child in light work is 16 years. “Light work” as per subsection (2) of section 43 means work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from schoolwork. Taking into account the statistics on child labour in Gambia (Multiple indicator cluster survey (2005–06) which revealed that 25 per cent of children aged between 5 and 14 years were involved in some kind of child labour, out of which: 21.1 per cent worked in family undertakings, 1.8 per cent in domestic service, 3.3 per cent in unpaid work outside their households and 0.6 per cent in paid work), the Committee reminds the Government that pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons of at least 12 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to indicate if it would envisage the possibility of adopting provisions to regulate and determine the light work performed by children over 12 years of age. It also requests the Government to adopt the necessary measures to determine activities in which light work for children may be permitted.

Article 8. Artistic performances. The Committee notes the Government’s information that the national legislation does not provide for any exceptions for employment in artistic performances. The Committee draws the Government’s attention to the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. The Committee requests the Government to indicate whether in practice children under 14 years of age participate in artistic performances. If so, it requests the Government to provide information on the measures taken or envisaged for the grant of permits as well as the conditions subject to which permits are granted for children willing to participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee notes that section 48 of the Labour Act establishes penalties of imprisonment for up to five years and a fine of 100,000 dalasis (approximately US$3,752) for the breach of the provisions related to the employment of children. Similarly, section 47 of the Children’s Act also establishes penalties of imprisonment and fines for any person who contravenes the provisions related to child labour. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9, paragraph 3. Keeping of registers. The Committee notes the Government’s information that by virtue of section 47 of the Labour Act, an employer shall keep a register of any person under the age of 18 years employed by or working for that employer. It also notes that according to section 45(1) of the Children’s Act, an employer in an industrial undertaking shall keep a register containing the ages and dates of birth of children employed by him/her.

Part III of the report form. Labour inspectorate. The Committee notes that according to section 4 of the Labour Act, the commissioner acting under the authority of the Secretary of State is responsible for the administration and application of the Act. Section 8 of the Labour Act further spells out the powers of the commissioner or the officer authorized by him to enter and inspect workplaces, require the production of any record, registers or documents, ask for any information from employers and employees and shall furnish all information provided by the employer under section 18 concerning the employment of persons and statistics to the Gambia Bureau of Statistics (section 19). According to section 21 of the Labour Act, the commissioner is entitled to take action in case of any contravention of the Act, including, informing the police or any other appropriate public authority of the facts of the case or bringing the person concerned before an appropriate court. The Committee further notes that by virtue of sections 48 and 49 of the Children’s Act, a labour officer shall carry out any inquiry with regard to the compliance of the provisions of the Act in respect of child labour in the informal sector, while the Department for Social Welfare is responsible for the enforcement of the provisions in the formal sector. The Committee requests the Government to provide further information on the functioning of the commissioner under the Labour Act and the Department for Social Welfare and the labour officers under the Children’s Act in monitoring the compliance of the child labour provisions, especially in the informal sector. It also requests the Government to indicate whether any information or statistics related to the employment of children were furnished to the Gambia Bureau of Statistics pursuant to section 19 of the Labour Act and, if so, to supply a copy of the same.

Part V of the report form. Application of the Convention in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection reports, information on the number and nature of contraventions reported and on the sanctions applied.