Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. The Committee also notes the Government’s statement that there has not been any change in legislation since its last report. It requests the Government to provide information on the following points.c

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s statement that it has established various inter-sectoral mechanisms to ensure the effective collaboration of the different actors involved in the protection of children. It had requested 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. The Committee notes the Government’s information that through its various agencies in place it is ensured that no person under the age of 15 years has access to employment. The Committee requests the Government to provide information on the various agencies in place to ensure that no person under the age of 15 years has access to employment.

Article 2, paragraph 1. Scope of application. The Committee had previously requested 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. The Committee notes the Government’s indication that the Inspectorate Unit under the Ministry of Employment is responsible for the inspection of all worksites both in the public and private sectors including areas where an employment relationship does not exist.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted 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”. 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 had requested the Government to provide additional information on the education system, in particular, the precise age of completion of compulsory education. The Committee further referring to 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) had requested the Government to indicate the measures taken or envisaged to prevent children aged 15–17 years who are still in compulsory education from taking up work or employment that would prejudice their attendance at school. The Committee notes the Government’s information that it cannot give a precise age of completion of compulsory education as it depends upon the age at which the child goes to school. It further notes the Government’s indication that a child who starts school at the age of 5 years should finish the compulsory schooling of 10 years when he/she attains the age of 15 years. It also notes the Government’s information that no person between the ages of 15 and 17 years is allowed to take up employment unless it has been agreed for that person in consultation with his/her parents to abandon school completely. The Committee takes due note that the minimum age specified by the Government for admission to employment or work (15 years) coincides with the age of completion of compulsory schooling, in conformity with Article 2, paragraph 3, of the Convention.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. Following its previous comments, the Committee notes that the Government’s indication that action is being taken to provide for a minimum age of 18 years with respect to employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons. The Committee hopes that the above amendment will be finalized promptly and requests the Government to send a copy of the amendment once it has been adopted.

With respect to the types of employment or work that should be prohibited to persons under 18 years of age, the Committee once again requests 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’ organization concerned, in conformity with Article 3, paragraph 2, of the Convention. The Committee draws the Government’s attention to the provision 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. Hazardous work as from 16 years. The Committee had noted 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 15–17 years in a place listed in sub-regulation (1) or between the hours of 10 p.m. and 5 a.m.”. It had noted 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 had recalled 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. Noting the absence of information in the Government’s report on this point, the Committee once again 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 6. Apprenticeship and vocational training. The Committee had noted the information communicated by the Government 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 once again 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 also asks the Government to indicate whether the employers’ and workers’ organizations have been consulted, in conformity with these provisions of the Convention.

Article 7. Light work. The Committee had previously noted the information communicated by the Government according to which the law does not provide for persons aged 13–15 years to work, even in light work, unless it forms part of schooling or training. It had noted that under the 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 that paragraphs 2 and 3 of section 21 of the Conditions of Employment Regulations pertaining to light work had been repealed by the Employment (Conditions of Employment) (Amendment) Regulations, 2000. The Committee once again asks the Government to indicate whether children under 15 years of age should be engaged 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 13–15 in the national legislation.

Part V of the report form. The Committee once again 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.