Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 138) sur l'âge minimum, 1973 - Sénégal (Ratification: 1999)

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.