Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

Article 6 of the Convention. Vocational training and apprenticeship. The Committee previously noted that the Labour Code does not indicate a minimum age for apprenticeship, while sections 50 and 51 of the Children’s Act establish that the minimum age at which a child may commence an apprenticeship in the informal sector is 12 years or after completion of basic education. It further noted the Government’s information that the minimum age for apprenticeship is 16 years or after completing grade 9, and requested the Government to indicate and to provide a copy of the legal provisions that establish such minimum age. It also requested the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector. Noting that the Government does not provide the requested information, the Committee recalls that apprenticeships must be regulated by law, and that the law must be applied effectively in practice. Moreover, the minimum age for admission to apprenticeship must be applied in all circumstances and sectors, including in the informal economy (see General Survey on the fundamental Conventions, 2012, paragraph 387). The Committee therefore requests the Government to take the necessary measures to establish a minimum age for admission to apprenticeships of at least 14 years, including in the informal sector in conformity with the Convention. It also requests the Government to provide information on the measures taken or envisaged to ensure that no child under 14 years undertakes apprenticeships in the informal sector. The Committee requests the Government to provide information on progress made in this regard.

Article 7. Light work. In its previous comments, the Committee requested the Government to provide information on the outcome of the consultations held with the stakeholders regarding the possibility of adopting provisions to regulate and determine the light work activities performed by children over 12 years of age. The Committee notes the information provided by the Government in its report submitted to the Human Rights Council in July 2019, that children between the age of 12 and 16 are allowed to engage in light work during the daytime, which is defined by the Children’s Act 2005 as 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 capacity of the child to benefit from school work”. (A/HRC/WG.6/34/GMB/1, paragraph 108). The Committee requests the Government to take the necessary measures to regulate and determine the types of activities, the number of hours and the conditions in which light work may be undertaken by children, as required under Article 7, and to transmit a copy of such legislation once adopted.

Article 9(1). Penalties and labour inspectorate. The Committee previously requested the Government to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act, including the number and kinds of penalties imposed, as well as to provide information on any details or statistics collected by the Commissioner regarding the employment of children and young persons. The Government indicates in its report that there are no reported cases of child exploitation, no cases of child labour in the formal sector or registered with the Department of Labour and that child labour in the informal sector can be addressed jointly with the Department of Social Welfare, the Ministry of Basic and Secondary Education and local authorities. The Committee notes, however, the information provided by the Government in its report submitted to the United Nations Human Rights Council in July 2019, according to which the enforcement of the law remains a challenge due to several factors, including economic, social and cultural practices and poverty [A/HRC/WG.6/34/GMB/1, para. 110]. The Committee underlines the key role the labour inspectorate plays in implementing the Convention as a public authority which monitors compliance with child labour-related provisions in each country. Weak labour inspection machinery not only reduces the likelihood of the detection of violations related to child labour, but also hinders the appropriate punishment of those responsible (see General Survey, 2012, paragraph 401). Recalling that child labour in the informal economy can also be addressed through monitoring mechanisms, including through labour inspection, the Committee requests the Government to take the necessary measures to adapt and strengthen the labour inspection services and to ensure that labour inspectors have received adequate training on child labour issues in order to improve their capacity to detect cases of child labour. The Committee also requests the Government to continue to provide information on the application in practice of section 48 of the Labour Code and section 47 of the Children’s Act, on the number and nature of violations recorded by labour inspectors in the course of their work involving children working below the minimum age for admission to employment, including those who are working on their own account or in the informal sector, and on the number and kinds of penalties imposed.

The Committee encourages the Government to take into consideration, during the review of the Labour Act 2007 and of the Children’s Act 2005, the Committee’s comments on discrepancies between national legislation and the Convention, and asks the Government to provide any information on progress made in this regard. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

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