Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - Seychelles (Ratification: 2000)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes the Government’s statement in its report that education is one of the most important factors in eliminating child labour. The Education Act provides for ten years of free and compulsory education and makes it is a punishable offence for parents to allow children not to go to school or to allow them to go to work. It notes that the Government has established various inter-sectoral mechanisms to ensure the effective collaboration of the different actors involved in the protection of children. The Committee asks the Government to describe in detail the national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work, in conformity with these provisions of the Convention.

Article 2, paragraph 1. The Committee notes that section 21 of the Conditions of Employment Regulations, 1991, as amended by the Employment (Conditions of Employment) (Amendment) Regulations, 2000, provides that "a person shall not have in that person’s employ another of less than 15 years of age". Noting that no provisions of the national legislation seem to prohibit work performed outside an employment relationship to persons under 15 years of age, the Committee asks the Government to indicate the measures taken or envisaged to ensure that children under 15 years of age are prohibited to engage in any kind of economic activity, whether or not an employment relationship exists.

Article 2, paragraph 3. The Committee notes that section 4(2) of the Education Act, 1982, as amended by the Education (Amendment) Act, 1990, provides for "compulsory education for every Seychellois child from the entry age until the child completes S4 or reaches the age of 17 years, whichever occurs first". According to section 9(1) of the same Act, "the Minister may, by order published in the Gazette, make provision with respect to the compulsory attendance of children at school". Under section 9(2)(e)(ii), "an order under subsection (1) shall not operate to require attendance at a school of a child aged 17 years or over". The Committee asks the Government to indicate whether the Minister referred to under section 9(1) has taken an order by virtue of this section and, if so, to provide the Office with a copy of it. Noting the observation by the Committee on the Rights of the Child that "the age of compulsory education is not clear, giving rise to uneven enforcement" (CRC/C/15/Add.189, 9 October 2002, paragraph 21(b)), the Committee asks the Government to provide additional information on the educational system, in particular, the precise age of completion of compulsory education. The Committee recalls that, under these provisions of the Convention, the minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling. It notes that, according to the abovementioned legislation and the information contained in the Government’s report, compulsory schooling seems to continue up to the age of 16 or 17 years. Thus, persons aged 15 to 17 who are still in compulsory education might take up work or employment and be prevented from attending school. Noting the concern expressed by the Committee on the Rights of the Child "about the high drop-out rates and absenteeism" (CRC/C/15/Add.189, 9 October 2002, paragraph 48), the Committee asks the Government to indicate the measures taken or envisaged to prevent children aged 15 to 17 years who are still in compulsory education from taking up work or employment that would prejudice their attendance at school.

Article 3, paragraphs 1 and 2. The Committee takes note of the Government’s declaration appended to the instrument of ratification by virtue of which no person under the age of 18 years shall be employed: (a) in a hotel, guest house, boarding house, any place where tourists are accommodated, restaurant, shop, bar, nightclub, dance hall, or similar place of entertainment or on a ship or aircraft; (b) between the hours of 10 p.m. and 5 a.m.; and (c) in a gaming house or casino. It notes that section 22(3) of the Conditions of Employment Regulations, 1991, provides that "a person shall not employ another under the age of 21 years in a gaming house or casino". The Committee notes that the national legislation does not seem to provide for a minimum age of 18 years with respect to admission to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, as required under these provisions of the Convention, apart from the limited categories mentioned above. Noting that by virtue of article 31(b) of the Constitution of the Republic of Seychelles the State undertakes to provide for a higher minimum age of admission to employment with respect to occupations prescribed by law which the State regards as dangerous, unhealthy or likely to impair the normal development of a child or young person, the Committee asks the Government to indicate the measures taken or envisaged to give effect to article 31(b) of the Constitution and to these provisions of the Convention. The Committee also asks the Government to indicate whether the provisions of section 22(3) of the Conditions of Employment Regulations remain applicable or whether they have been superseded by other legislation and to specify the provisions of the national legislation on which the Government’s abovementioned statement is based.

With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee asks the Government to take the necessary steps so that they can be determined by the national laws or regulations or the competent authority, after consultation with the employers’ and workers’ organizations concerned, in conformity with Article 3, paragraph 2. The Committee draws the Government’s attention to the provisions of the Minimum Age Recommendation, 1973 (No. 146), in relation to hazardous employment or work, in particular to Paragraph 10(1).

Article 3, paragraph 3. The Committee notes that according to section 22(4) of the Conditions of Employment Regulations "the competent officer may, exceptionally, grant special written permission for the employment of any person aged 15 to 17 years in a place listed in sub-regulation (1) or between the hours of 10 p.m. and 5 a.m.". It notes the indication contained in the Government’s report that "this may occur only when the person(s) concerned is/are on an approved training scheme". The Committee recalls that, by virtue of these provisions of the Convention, only persons aged at least 16 years may be authorized to take up employment or to perform work referred to under Article 3, paragraph 1, after consultation with the organizations of employers and workers concerned, and on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary steps so that young persons aged 15 may not be authorized to take up such employment or work. It asks the Government to indicate the measures taken so that the health, safety and morals of young persons aged 16 and 17 are fully protected, and to specify whether the employers’ and workers’ organizations have been consulted on the matter. It also asks the Government to communicate a copy of the amended Regulations, as the text of the Regulations available at the Office does not specify that the authorizations concern only young persons who undergo an approved training scheme.

Article 4. The Committee notes the Government’s statement in its report that no use has been made of this Article of the Convention.

Article 6. The Committee notes the information communicated by the Government in its report according to which children or young persons below the age of 15 years who are on a course of education or training for which a school or training institution is responsible or as part of a programme covered by paragraphs (b) and (c) of this Article of the Convention may perform work as part of their career development or schooling. The Ministry of Education ensures that the work done is of a light nature and would not in any way be harmful to the health, safety and morals of the children and young persons. The Committee asks the Government to communicate further information on vocational training programmes, including the relevant laws and regulations, and to indicate the minimum age required for taking up work in undertakings as an apprentice. It asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. The Committee notes the information communicated by the Government in its report according to which the law does not provide for persons aged 13 to 15 years to work, even in light work, unless it forms part of the schooling or training. Noting that under article 31(a) of the Constitution of the Republic of Seychelles, the State undertakes "to provide that the minimum age of admission to employment shall be 15 years, subject to exceptions for children who are employed part-time in light work prescribed by law without harm to their health, morals or education", and noting the repeal of paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations, pertaining to light work, by the Employment (Conditions of Employment) (Amendment) Regulations, 2000, the Committee asks the Government to indicate whether children under 15 years of age engage in light work in practice and, if so, to state the measures taken or envisaged to include provisions on the light work of children aged 13 to 15 in the national legislation.

Article 8. The Committee notes the Government’s statement in its report that no use has been made of this Article. It asks the Government to indicate whether children under 15 years of age engage in practice in employment or work for such purposes as participation in artistic performances and, if so, the measures taken or envisaged to include in the national legislation provisions pertaining to the participation of children under 15 years of age in artistic performances.

Article 9, paragraph 3. The Committee notes that the Government has provided a model of an "establishment list", which contains the names and dates of birth of the employees of a hotel. It notes that section 68 of the Employment Act, 1995, provides that every employer shall keep either a record card on each of the workers or a register of the workers other than casual, part time or domestic workers, which shall contain in respect of each worker, inter alia, his/her name and date of birth. It asks the Government to indicate which provisions of the national legislation, if any, apply with respect to casual, part-time or domestic workers who are less than 18 years of age, and to provide the Office with a copy of the relevant laws or regulations.

Part V of the report form. The Committee asks the Government to communicate information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment or work of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this regard, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.