Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 138) sur l'âge minimum, 1973 - Sao Tomé-et-Principe (Ratification: 2005)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the Government’s indication in its report that a new Labour Code has been drafted and is in the process of being adopted. The Committee hopes that its comments will be taken into account in the new draft Labour Code and that it will be adopted in the near future.

Article 2(1) of the Convention. Scope of application. The Committee had previously noted that according to section 2(1) of Act No. 6/92, the provisions of this Act are applicable only to the relations established between employers and workers within Sao Tome and Principe. It had also noted that out of the 8 per cent of children between the ages of 5 and 14 years found working, 3.2 per cent work in family businesses, and 2.5 per cent perform domestic service.

The Committee notes the Government’s indication in its report that there are no children below the age of 14 working in the informal economy and that, for this reason, the legislation does not provide a protection mechanism for children working outside of a formal employment relationship. The Government further indicates that the few children who are working on their own account are street children and that draft legislation providing support for these children is awaiting adoption by the National Assembly. While noting the information provided by the Government, the Committee recalls that, in many countries, the very activities not covered by the legislation are those in which the majority of economically active children under the minimum age are engaged, such as domestic work and family work (see 2012 General Survey on the fundamental Conventions, paragraph 339). Therefore, the Committee requests that the Government take the necessary steps to ensure that children working outside of a formal employment relationship are protected as required by the Convention, especially children involved in domestic and family work. It also requests the Government to provide information on the content of the draft legislation for street children and to provide it with a copy once it has been adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted that the Basic Education System Law establishes a mandatory six years of free primary education and that six years of compulsory primary education may be completed at the age of 12 years, which is below the minimum age of 14 years for admission to employment or work. It therefore encouraged the Government to take the necessary measures to provide free and compulsory education to all children up to the minimum age for employment, which is 14 years, as a means of combating and preventing child labour.

The Committee notes the Government’s indication that, in partnership with the Portuguese cooperation authorities, it has established the “Escola+” project in the lower and upper secondary schools as part of the review of the education system with a view to increasing the age of completion of free compulsory education from 12 to 15 years of age. While noting the Government’s efforts to raise the age of completion of compulsory schooling, the Committee emphasizes the necessity of linking the age of admission to employment to the age limit for compulsory education. If the minimum age for admission to work or employment is lower than the age of completion of compulsory schooling, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (see 2012 General Survey on the fundamental Conventions, paragraph 370). The Committee therefore strongly urges the Government to link the age of completion of compulsory education with the minimum age of admission to employment. It requests that the Government provide information on the outcome of the review of the education system, including progress made in raising the age of completion of compulsory schooling.

Article 3(2). Determination of hazardous work. Following its previous comments, the Committee notes that the Government and the social partners, in a joint effort with the ILO, have been implementing several activities aimed at combating child labour and that these activities have culminated in the production of an agreed list of types of work considered to be hazardous. The Government further indicates that the list will be made available with the new Labour Code and that it will provide a copy once it is published. The Committee once again expresses the hope that the draft list of types of hazardous work will be adopted in the near future. It requests that the Government provide information on any progress made in this regard and to provide a copy of the list, once it has been adopted.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that, as per section 132 of Act No. 6/92, employers must offer training possibilities appropriate to the minor’s age and facilitate their attendance at technical and vocational training courses but that this Act does not establish the minimum age for apprenticeship programmes in undertakings.

The Committee notes the Government’s indication that under the new Labour Code, the National Assembly will be responsible for all legal procedures relating to apprenticeship programmes. The Government further indicates that there is no minimum age for entering into programmes in training centres but that there is a minimum level of education requested which can be completion of fourth, sixth or, in most cases, ninth grade. Whilst taking due note of the information regarding vocational training centres, the Committee notes that the Government has not provided information on the minimum age to enter apprenticeship programmes in undertakings and recalls that under Article 6 of the Convention, the minimum age should be set at 14 years. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that children below the age of 14 do not enter apprenticeship programmes in undertakings. It also requests the Government to provide information on whether the National Assembly has prescribed conditions under which apprenticeships may be undertaken and performed by children above the age of 14 years.

Article 7. Light work. The Government previously indicated that there are no exceptions to the minimum age with regard to light work. The Committee notes the Government’s statement that the new Labour Code will address this issue. The Committee recalls that under 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 takes due note of the Government’s indications and expresses the firm hope that the new Labour Code will include provisions that regulate and determine the light work performed by children between 12 to 14 years of age.

Article 9(1). Penalties. The Committee had previously noted section 147 of Act No. 6/92 which establishes penalties of fines for the breach of section 128 (minimum age provision), section 129 (prohibition on hazardous work by minors) and section 133 (requiring employers to provide minor employees with working conditions appropriate to their age).

The Government indicates that, with the new Labour Code, the penalties for breach of these provisions will increase. However, the Committee once again notes that the Government did not provide information on the application in practice of penalties under section 147 of Act No. 6/92. Therefore, the Committee once again requests that the Government provide information on the application in practice of the penalties laid down under section 147 of Act No. 6/92 for the breach of the provisions related to employment of children under 14 years of age, including the number and nature of the penalties imposed in order to assess the adequateness of the penalties.

Article 9(3). Keeping of registers. The Committee had previously noted that there appears to be no provisions in Act No. 6/92 requiring employers to keep a register or other documents, such as worker identification cards, that contain the details, including the name and age of the minors employed by them.

The Government indicates that employers have an obligation to send to the employment authorities information on workers above 14 years of age. It further indicates that a Memorandum of Understanding will soon be signed between the Ministry of Employment and Social Affairs and the Chamber of Commerce and that one of the measures taken will involve employers’ issuance of internal worker identification cards. The Committee recalls that one important tool used by labour inspectors to monitor the employment of young persons is the employers’ registers of employment. These registers (or similar documents) are required under Article 9(3) and should contain the names and ages (or dates of birth) of all persons employed under the age of 18. These registers are to be made available to labour inspectors, and consulting these registers may aid labour inspectors in the detection of violations related to child labour (see General Survey on fundamental Conventions, 2012, paragraph 404). The Committee therefore requests that the Government provide information on whether the internal worker identification cards will contain the names and ages or dates of birth of employees below the age of 18 and whether they will be made available to labour inspectors, in conformity with Article 9(3) of the Convention.

Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s statement that the Directorate of the Labour Inspection within the Ministry of Labour, Solidarity and Family, is responsible for monitoring the implementation of Act No. 6/92. The Government also indicated it would send copies of the reports concerning the activities undertaken by the Directorate according to Act No. 6/92.

The Committee notes from the Government’s report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), that the labour inspectorate conducts inspections and imposes penalties on employers who illegally employ minors. The Committee recalls that information on the concrete activities of the labour inspectorate is necessary to assess how the Convention is being applied and enforced in practice. The Committee therefore once again requests that the Government provide extracts of reports or documents of the labour inspectorate indicating the number, nature and extent of violations detected concerning child labour. Recalling the importance of statistical data to assess the application of the Convention in practice, it also 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 violations detected, investigation conducted and sanctions applied.