Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Burkina Faso (Ratification: 1999)

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 2, paragraph 1. 1. Minimum age for admission to employment or work. In its previous comments, the Committee requested the Government to indicate the measures taken to raise to 15 years the minimum age for admission to employment set out in the legislation and to amend the other applicable texts. The Committee notes the Government’s indication that the new Labour Code has established a minimum age for admission to employment of 15 years.

2. Scope of application. The Committee noted that the Labour Code appeared to exclude from its scope work performed outside an employment relationship (section 1). However, according to the activity report of the IPEC National Programme in Burkina Faso in 2001, the majority of child workers are in agriculture and animal husbandry, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, sales girls and apprentices. The Committee requested the Government to indicate the measures taken or envisaged to extend the application of the Convention to work performed outside an employment relationship or in the informal sector. The Committee notes the Government’s indication according to which the applicable texts, including the new Labour Code, also apply to workers in the informal sector, to apprentices, domestic workers and sales persons, if the concerned parties lodge a complaint to the labour inspection services. It notes that these complaints will be taken into account, apart from the case of children working in gold washing who do not lodge complaints. The Committee also notes the Government’s indication that Decree No. 77-311 and its amending texts govern household workers including domestic workers. It requests the Government to provide a copy of the provisions governing the minimum age for admission to self-employment, such as the work of children on their own account.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, in accordance with section 2 of Act No. 13/96/ADP of 9 May 1996 issuing the Education Guidance Act, compulsory schooling covers the period from 6 to 16 years. This provision adds that no child shall be excluded from the educational system until he or she has reached the age of 16, where the infrastructure, equipment, human resources and school regulations in force so permit. The Committee noted that in its report to the United Nations Committee on the Rights of the Child, the Government indicates that 49 per cent of the population is under 15 years of age and that it has set itself the objective of raising the school enrolment rate for girls from 50 to 60 per cent (CRC/C/65/
Add.18, paragraphs 7 and 9). The Committee requested the Government to provide information on developments on the school enrolment rate in the country. The Committee notes that the Government’s report contains no information on this point. It therefore once again requests the Government to provide information on developments on the school enrolment rate.

Article 3. Hazardous work. The Committee noted that the provisions of Order No. 539/ITLS/HV of 29 July 1954 respecting child labour were due to be revised. It requested the Government to provide a copy of this text when it had been revised. The Committee notes the information contained in the Government’s report, according to which all the implementing provisions of the new Labour Code have been drawn up and will be in force once adopted. It also notes the Government’s indication that consultations of employers and workers during the determination of types of work likely to jeopardize the health, safety and morals of young persons, take place through the National Technical Safety and Health Committee, the competent national tripartite body. The Committee hopes that implementing provisions of the Labour Code determining the types of hazardous work will be adopted shortly and will be in conformity with Article 3 of the Convention. It requests the Government to provide a copy thereof once adopted.

Article 7. Light work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 derogating from the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 and above for domestic work, light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons from 13 to 15 years of age. It therefore requested the Government to bring its legislation into conformity with this provision of the Convention by raising the minimum age for admission to light work to 13 years. The Committee also noted that section 6 of this Order empowers the labour inspector and labour laws to withdraw the employment permit accorded under the present Order in the case of any establishment in which it is proven that children under 14 years employed in the establishment are assigned to work that is not commensurate with their physical strength or is harmful to their health, endangers their safety or may jeopardize their morals. The Committee requested the Government to indicate the criteria used by inspectors to assess the extent to which the work performed is proportional, not prejudicial or harmful with a view to ensuring that it is not likely to jeopardize the health or development of persons aged between 13 and 15 years. The Committee notes the information contained in the Government’s report, according to which labour inspectors are assisted by resource persons, who are specialists in the domain, in order to assess the extent to which the work performed by children of between 13 and 15 years of age is proportional, not prejudicial or harmful. However, the Committee notes that the Government’s report contains no information on raising the minimum age for admission to light work from 12 to 13 years. It accordingly requests the Government once again to bring its legislation into conformity with this provision of the Convention by raising the minimum age for admission to light work to 13 years.

Article 7, paragraph 2. Light work and compulsory schooling. In its previous comments, the Committee noted that under section 2 of Order No. 545/IGTLS/HV of 2 August 1954, children under 14 years of age attending a public or private educational establishment may not be employed during school term periods. The Committee deduced that children over 14 years of age may be employed during such periods. However, it reminded the Government that the Convention only allows such an exemption for persons of at least 15 years of age who have not yet completed their compulsory schooling. The Committee requested the Government to take the necessary measures so that the national legislation guarantees that persons under 15 years, and no longer 14, who have not yet completed their compulsory schooling enjoy conditions of work that are not likely to be harmful to their health or development and are 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. The Committee notes the Government’s statement that Act No. 33-2004/AN of 14 September 2004 issuing the new Labour Code has taken account of this issue. It requests the Government to provide a copy of the relevant provisions on this matter, and to indicate if they have entered into force.

Article 8. Artistic performances. The Committee noted that, according to the Government’s reports, no recourse had been had to the provisions of this Article of the Convention. However, it noted that section 26 of Order No. 539/ITLS/HV of 29 July 1954 respecting child labour authorizes the employment of children under 16 years of age in public performances given in theatres, ballrooms, cinemas, cafés or circuses, involving hazardous feats of strength or contortion. The Committee reminded the Government that, in accordance with this provision of the Convention, the exception allowed is only authorized in individual cases and must be covered by rules concerning the number of hours and conditions under which it is carried out. The Committee requested the Government to provide information on these public performances with an indication, in addition to the rules concerning the conditions for granting permits in individual cases and the duration of such activities, of the manner in which health protection is taken into account. The Committee notes the Government’s information that this matter has not yet been specifically regulated. The Committee once again requests the Government to provide information on the application in practice of public performances, and to continue to furnish information on the specific rules to be adopted in conformity with the requirements of Article 8 of the Convention.

Article 9, paragraph 1. Penalties. The Committee noted the Government’s indication that the review of the Labour Code will take into account the requirements set out in this Article. It requested the Government to provide information on the action taken, including the appropriate penalties, with a view to ensuring the effective enforcement of the provisions of the Convention. The Committee notes that the Government’s report contains no further information on this point. It therefore requests the Government to indicate whether Act No. 33 2004/AN of 14 September 2004 issuing the new Labour Code contains provisions which satisfy the requirements of Article 9, paragraph 1, of the Convention, and to communicate a copy thereof. If not, it once again requests the Government to indicate the measures taken or envisaged, including the appropriate penalties, with a view to ensuring the effective enforcement of the provisions of the Convention.

Part V of the report form. In its previous comments, the Committee had noted that, according to the estimates of the International Labour Office, 51 per cent of children aged between 10 and 14 are engaged in economic activity (activity report of the IPEC National Programme in Burkina Faso, No. 4, covering the period up to August 2001). The Committee expresses its concern about the actual situation of young children in Burkina Faso who are compelled to work. It strongly invites the Government to redouble its efforts to progressively improve the situation. The Committee also invites it to provide detailed information on the measures taken or envisaged, and 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 the reports of inspection services and information on the number and nature of contraventions reported.