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

Minimum Age Convention, 1973 (No. 138) - Cameroon (Ratification: 2001)

The Committee takes note of the Government’s first report.

Article 1 of the Convention. National policy. The Committee notes that, in its initial report submitted to the Committee on the Rights of the Child in April 2000 (CRC/C/28/Add.16, paragraphs 17 and 125), the Government indicates that following the international seminar on child labour which was held in Yaoundé in October 1997, and the studies undertaken by the Ministry of Social Affairs, a national plan to combat child labour was formulated. This plan focuses on five main areas: sensitizing and mobilizing public opinion in respect of child labour issues; developing and strengthening the welfare and protection of working children; promoting education and formal and informal training; improving and strengthening legislation on child labour and ensuring that the legislation is applied; and coordinating and monitoring action to combat child labour. The Committee further notes that Cameroon participates in the regional ILO/IPEC West Africa Cocoa/Agriculture Programme to eliminate child labour in the cocoa commercial agriculture sector (WACAP), alongside Côte d’Ivoire, Ghana, Guinea and Nigeria. The Committee requests the Government to provide information on the implementation of the national plan to combat child labour and the WACAP programme mentioned above, as well as the results attained with regard to the elimination of child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee notes that, under the terms of section 1(1) of Act No. 92/007 of 14 August 1992, promulgating the Labour Code (henceforth the Labour Code), the Labour Code governs employment relations between the workers and the employers. Section 1(2) defines the term "worker" as any person who has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, that other person being considered to be the "employer". The Committee notes that, by virtue of this provision, the Labour Code only applies to an employment relationship. The Committee recalls that the Convention applies to all branches of economic activity and covers all types of employment or work, be they carried out on the basis of an employment relationship or not and whether they are remunerated or not. The Committee thus requests the Government to provide information on the manner in which children who are not bound by an employment relationship, such as those who are self-employed, are covered by the protection provided for in the Convention.

2. Minimum age of admission to employment or work. The Committee notes that, by virtue of section 86(1) of the Labour Code, children may not be employed in any enterprise, even as apprentices, prior to the age of 14, except when granted an exemption through an order issued by the Minister for Labour, taking account of the local circumstances and the tasks which they may be required to carry out. The Committee requests the Government to indicate whether an order issued by the Minister for Labour authorizing exemptions to the minimum age of admission to employment or work has been adopted and, if need be, to forward a copy.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes the information provided by the Government according to which the minimum age of admission to employment is set at 14 years because this age corresponds to the end of the period of compulsory schooling in Cameroon. However, the Committee notes that, according to the information provided by UNESCO, the age of entry into primary school is 6 years but the leaving age varies between 11 and 14 years. In the light of this, the Committee notes that children under the age of 14, thus younger than the minimum age of admission to employment or work, may not actually be attending school. The Committee considers it desirable that the age of completion of compulsory schooling should correspond to the minimum of admission to employment or work, according to the provisions of Paragraph 4 of Recommendation No. 146, in order to avoid a period of enforced inactivity. In this context, the Committee hopes that the Government will inform it of any progress in this regard. Finally, the Committee requests the Government to forward a copy of Education Act No. 98/004 of 14 April 1998.

Article 2, paragraphs 4 and 5. Specification of the minimum age of admission to employment or work at 14 years. When ratifying the Convention, Cameroon specified a minimum age of admission to employment or work of 14 years, in compliance with Article 2, paragraph 4, of the Convention. The Committee notes the information provided by the Government according to which the country’s economy as well as its educational institutions are insufficiently developed, facts which justified this decision and do not allow for the minimum age of admission to employment or work to be raised. The Committee requests the Government to indicate whether consultations with organizations of employers and workers have been held with a view to setting the minimum age at 14 years and, if need be, to provide information in this regard. It also requests the Government to continue to provide information on its reason for specifying a minimum age of 14 years, in accordance with Article 2, paragraph 5, of the Convention.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that Order No. 17 relative to child labour of 27 May 1969 contains a list of work prohibited to children under the age of 18. Alongside certain detailed provisions on the types of activity prohibited, the Order contains two tables. Table A covers the work prohibited to children aged under 18. Table B includes a list of establishments in which the employment of children under the age of 18 is authorized under certain conditions. The Committee notes that this Order was adopted over 30 years ago. In this regard, it refers to the provisions of Paragraph 10(2) of Recommendation No. 146 on the minimum age which requests the Government to re-examine periodically and revise as necessary, particularly in the light of advancing scientific and technological knowledge, the list of types of employment or work under Article 3 of the Convention.

Article 5. Limitation of the scope of application of the Convention. The Committee notes that the Government initially limited the scope of application of the Convention to those branches of economic activity or types of enterprise contained in Article 5, paragraph 3, of the Convention, namely mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. Consequently, the Committee would be grateful if the Government would provide information on the general situation with regard to the employment or work of children and young persons in those branches of activity which are excluded from the scope of application of the present Convention, as well as any progress made with a view to the wider application of the provisions of the Convention, in accordance with Article 5, paragraph 4(a), of the Convention.

Article 6. Apprenticeship and vocational training. The Committee notes that sections 45 to 47 of the Labour Code address apprenticeship. It also notes that, by virtue of section 96(1) of the Labour Code, children may not be employed in any enterprise, even as apprentices, prior to the age of 14 years, except when granted an exemption through an order issued by the Minister for Labour, taking account of the local circumstances and the tasks which they may be required to carry out. The Committee understands that section 86(1) of the Labour Code allows children under 14 years to work as apprentices, in so far as it is permitted by an order issued by the Minister of Labour. The Committee recalls that Article 6 of the Convention authorizes work to be carried out by persons aged at least 14 in enterprises within the context of an apprenticeship programme. It requests the Government to indicate in its next report whether an order issued by the Minister for Labour allowing children aged at least 14 to work as apprentices has been adopted and to provide information on the rules applicable to apprenticeship in Cameroon, in particular concerning the working conditions of apprentices in practice and the consultations with the organizations of employers and workers concerned. The Committee also requests the Government to indicate whether the national legislation regulates vocational training and, if need be, to provide information on this subject. Furthermore, the Committee requests the Government to indicate whether consultations with the organizations of employers and workers have been held.

Article 7. Light work. The Committee notes that the national legislation does not seem to include provisions regulating light work. It notes however that, according to the statistical data of the ILO for Cameroon for the year 2000, a high number of children under the age of 14 are economically active in one way or another. In this regard, the Committee recalls that, by virtue of Article 7, paragraphs 1 and 4, of the Convention, the national legislation may permit the employment of persons of 12 to 14 years of age on light work provided that such work is not likely to be harmful to their health or development. Furthermore, under the terms of 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 work may be undertaken. Consequently, the Committee requests the Government to indicate the measures taken or envisaged with regard to the provisions determining what constitutes light work and the conditions under which such employment or work may be carried out by young people aged between 12 and 14.

Article 8. Artistic performances. The Committee notes that the national legislation does not seem to contain any provisions regulating artistic performances. It recalls that under Article 8 of the Convention, by way of an exemption to the minimum age of admission to employment or work, after consultation with the organizations of employers and workers concerned, permits may be granted in individual cases for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which work is allowed. The Committee requests the Government to indicate whether, in practice, children under 14 participate in such activities.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government according to which there are no reliable statistics available on child labour. It notes however that, according to the ILO’s statistical data on Cameroon for the year 2000, 442,000 children aged between 10 and 14 were economically active, of whom 241,000 were boys and 201,000 were girls. The Committee also notes that, in its concluding observations on the initial report of Cameroon in November 2001 (CRC/C/15/Add.164, paragraph 58), the Committee expressed deep concern at the fact that child labour is overwhelmingly spread throughout the country and that children may be working long hours at young ages, which has a negative effect on their development and school attendance. Furthermore, according to the information available to the ILO, the Government intends signing a Memorandum of Understanding (MOU) with the ILO/IPEC. The Committee is also concerned at the situation of young children who work in Cameroon and requests the Government to strengthen its efforts to gradually improve the situation, in particular through the adoption of an MOU with the ILO/IPEC. The Committee also requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from labour services reports and information on the number and nature of infringements, as well as the penalties applied.