Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 138) sur l'âge minimum, 1973 - République centrafricaine (Ratification: 2000)

Articles 1 and 2(1) of the Convention. National policy, scope, and application of the Convention in practice. The Committee previously noted that the Labour Code is not applicable to self-employed workers (section 2) but only governs occupational relationships between workers and employers deriving from employment contracts (section 1). In this regard, the Committee noted with concern that 57 per cent of children between 5 and 14 years of age were engaged in work in the Central African Republic (44 per cent of boys and 49 per cent of girls) and that an increasingly large number of these children were working in the informal economy, often employed in hazardous work. The Committee noted the Government’s indication that a national policy aimed at progressively abolishing child labour was being formulated. Moreover, it noted that activities were being conducted in partnership with UNICEF to raise the awareness of economic operators regarding the protection of children employed in the informal economy and in hazardous work, since the Government was not in a position, on account of financial difficulties, to strengthen the capacities of the labour inspectorate in such a way as to ensure that these children would enjoy the protection of the Convention.

In view of the considerable number of children under 14 years of age who are working in the country, the Committee notes with deep concern the Government’s indication in its report that this national policy has still not been adopted owing to a lack of financial resources. However, the Committee notes the Government’s indications that the impact of the awareness-raising activities conducted in collaboration with UNICEF can be seen in the reduction in the number of children who work on their own account or in the informal economy, the integration of children in their own or host families, or their care by the Ministry of Social Affairs or by non governmental organizations (NGOs) established in the country. Observing that the Government has been referring for a number of years to a national policy aimed at progressively abolishing child labour, the Committee once again requests that the Government take immediate steps to formulate and implement such a policy as soon as possible. It strongly urges the Government to continue taking measures to ensure that children working in the informal economy enjoy the protection of the Convention and to supply information on progress made in this respect.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of these types of work. The Committee previously noted that section 261 of the Labour Code provides that a joint order of the Minister of Labour and the Minister of Public Health, issued further to the opinion of the Standing National Labour Council, shall determine the types of work and the categories of enterprises prohibited for children, and the age limit to which this prohibition applies. The Government indicated that the adoption of the abovementioned order was imminent.

The Committee notes the Government’s indication that the Directorate-General of Labour and Social Protection submitted a request to UNICEF in November 2016 with a view to drawing up a list of the types of work constituting the worst forms of child labour, but that there has been no follow-up to this request. The Committee therefore notes with concern that there is still no list in existence in the Central African Republic that determines hazardous types of work prohibited for children under 18 years of age, despite the fact that the Labour Code was adopted in 2009, in other words, nearly ten years ago. Recalling that, under Article 3(2) of the Convention, hazardous types of work must be determined in consultation with the organizations of employers and workers concerned, the Committee urges the Government to take the necessary steps to ensure that the list of types of employment or work prohibited for children and young persons under 18 years of age is adopted as soon as possible. It requests that the Government provide information on all progress made in this respect.

Article 9(3). Keeping of registers by employers. In its previous comments, the Committee noted that, under section 331 of the Labour Code, certain enterprises or workplaces, as well as certain categories of enterprises or workplaces, may be exempted from the obligation to keep an employment register by reason of their situation, their small size or the nature of their activity by order of the Ministry of Labour further to an opinion of the Standing National Labour Council. The Committee reminded the Government that Article 9(3) of the Convention does not envisage such exemptions.

The Committee notes that the Government indicates once again that it has taken account of the Committee’s observation in order to ensure that the legislation is in conformity with this provision of the Convention. The Committee observes with deep concern that it has been raising this matter since 2003 and that the Government has not taken any steps since then to bring its legislation into conformity with the Convention on this point, despite having had the opportunity to do so at the time of the adoption of the new Labour Code in 2009. The Committee urges the Government to take the necessary measures as soon as possible to bring the legislation into conformity with the Convention, ensuring that no employer may be exempted from the obligation to keep a register of persons under 18 years of age employed by him or working for him.