Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) only applies to an employment relationship between an employer and a worker. It requested the Government to provide information on the manner in which children who are not covered by an employment relationship, such as those who work on their own account, benefit from the protection laid down in the Convention. In this respect, the Government indicates that, although the national legislation does not contain a provision respecting work performed by a person on her or his own account, a regulation on this type of work could be adopted in the context of informal work. Studies are currently being carried out on this subject. The Committee notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project entitled “Combating the worst forms of child labour in African Portuguese-speaking countries” (ILO/IPEC project on the worst forms of child labour), the great majority of children work in the informal economy. The Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not they are performed on the basis of an employment relationship and are paid or not, and it hopes that, following the studies carried out on informal work, the Government will take measures to protect children who are not bound by an employment relationship so that they benefit from the protection envisaged by the Convention. It requests the Government to provide information in this respect. In this context, it also requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services so as to ensure the protection envisaged by the Convention for children who work on their own account or in the informal economy.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the age of completion of compulsory schooling is 14 years (Education Act No. 13/01 of 31 December 2001) and that it coincides with the minimum statutory age for admission to employment or work. It notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project on the worst forms of child labour that although, after 27 years of civil war, the political situation has improved since the signature of a cease fire in April 2002, the country is confronted by an unprecedented humanitarian crisis which has placed the population under conditions of extreme vulnerability, which has repercussions on the education system and is pushing children to work. According to this report, around 44 per cent of girls and boys, almost half of all children, do not attend school. The Committee notes that the country has implemented, in collaboration with UNESCO, a National Action Plan for Education for All (2001–15). The objectives of this Action Plan include: (i) drawing up an education policy with a view to ensuring that before 2015 all children, including those in difficulties, such as girls and ethnic minorities, have access to free and compulsory education; and (ii) achieving equality between the sexes in access to education. The Committee further notes that Angola is also participating in the UNESCO Initiative on Teacher Training in sub-Saharan Africa (TTISSA), a ten-year project intended to restructure national teacher training policies. Furthermore, various measures are being taken in collaboration with UNICEF to ensure the school attendance of children who have survived anti-personnel mines and attacks, as well as HIV/AIDS orphans.

The Committee expresses appreciation of the measures adopted by the Government to improve the education system, and it considers that these measures are an affirmation of a political will to develop strategies to combat illiteracy. However, it expresses concern at the low rate of school attendance and observes that poverty is one of the primary causes of child labour which, combined with a deficient educational system, prevents the development of the child. Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to spare no effort to improve the quality of the education system in the country. It also requests the Government to provide information on the measures adopted, in the context of the National Action Plan on Education for All (2001–15), to increase the school attendance rate at both primary and secondary levels and to decrease the school drop-out rate so as to prevent children under 14 years of age from engaging in work, and on the results achieved. Finally, the Committee requests the Government to provide a copy of Education Act No. 13/01 of 31 December 2001.

Article 3, paragraph 1. Age for admission to hazardous types of work. In its previous comments, the Committee noted that under section 284(1) of Act No. 2/00, “minors” may not be engaged in work which is hazardous for their physical, mental and moral development. The Committee also noted that Decree No. 58/82 prohibits the employment of “minors”, namely persons over 14 but under 18 years of age, in hazardous types of work. The Committee observes that, although Decree No. 58/82 defines the term “minor”, Act No. 2/00 does not do the same and it is therefore impossible to determine the age for admission to hazardous types of work as set out in Act No. 2/00. The Committee notes the Government’s indication that Decree No. 58/82 was repealed by Act No. 2/00. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, no child under 18 years of age may be engaged in hazardous work and it once again requests the Government to indicate the definition of the term “minor” contained in section 284(1) of Act No. 2/00.

Article 3, paragraph 2. Determination of hazardous types of employment or work. With reference to its previous comments, the Committee notes that, as Decree No. 58/82, which contained a list of hazardous types of work prohibited for children under 18 years of age, has been repealed by Act No. 2/00, only section 284(2) of Act No. 2/00 sets out the prohibition to employ young persons on hazardous types of work. This prohibition covers employment in theatres, cinemas, nightclubs, cabarets, discotheques and other similar establishments, or as traders or in publicity for pharmaceutical products. The Committee therefore notes that, over and above this provision, there does not appear to be a list of hazardous types of work prohibited for children under 18 years of age. It reminds the Government that under the terms of Article 3, paragraph 2, of the Convention, hazardous types of employment or work shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned. The Committee requests the Government to take the necessary measures for the determination of the hazardous types of employment or work prohibited for persons under 18 years of age by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention. It also requests the Government to provide information on any progress achieved in this respect.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee noted previously that section 2(d) and (e) of Act No. 2/00 excludes from its scope family work and occasional work and it requested the Government to indicate whether it wishes to avail itself of the possibility of excluding family work and occasional work from the scope of the Convention, in accordance with Article 4, paragraph 1. The Committee notes the information provided by the Government that regulations are currently being drawn up covering family work and occasional work with a view to guaranteeing protection to these categories of workers and bringing the national legislation into conformity with the Convention. In view of the above, the Committee concludes that the Government does not intend to avail itself of the possibility of excluding family work and occasional work from the scope of the Convention. The Committee hopes that the legislative texts regulating family work and occasional work will determine the conditions of work of children engaged in these types of employment, particularly with regard to the minimum age for admission for employment or work for these categories of workers, and it requests the Government to provide a copy of the above texts as soon as they are adopted.

Article 7. Light work. The Committee noted previously that under section 283 of Act No. 2/00, minors may carry out light work which does not entail major physical effort or is not likely to harm their health or their physical or mental development and which establishes the conditions for apprenticeship or training. It also noted that under section 299 of Act No. 2/00 any employer who is authorized to recruit minors who are subject to compulsory schooling shall collaborate with the official education services for the installation of a classroom within or adjacent to the workplace where such minors are over 20 in number and the enterprise is more than 5 kilometres away from a school. The Committee indicated that its understanding of these two provisions is that the national legislation allows minors to perform light work, but without specifying the age from which they can do so.

Noting the absence of information in the Government’s report, the Committee once again recalls that under Article 7, paragraph 4, of the Convention, national legislation may permit the employment of persons between 12 and 14 years of age in light work, provided that such work is not likely to be harmful to their health or development. Furthermore, under Article 7, paragraph 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 therefore once again requests the Government to indicate the age from which minors may perform light work and to provide information on the measures adopted to ensure that such work is not likely to harm their health or development. The Committee also once again requests the Government to take the necessary measures to determine the activities in which children between 12 and 14 years of age may be permitted to perform light employment or work, as well as the number of hours during which and the conditions in which such employment or work may be undertaken.

Article 9, paragraph 3. Keeping of a register. With reference to its previous comments, the Committee notes the information provided by the Government according to which in principle all enterprises keep a list of the names of persons who work for them. Labour inspectors may discharge their functions on the basis of this register, in accordance with Decree No. 155/04, published in the DR, first series, No. 105, of 31 December 2004. The Committee requests the Government to indicate the provisions of the national legislation requiring employers to keep a list of the persons who work for them. It also requests the Government to provide a copy of Decree No. 155/04.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the initial report of Angola in October 2004 (CRC/C/15/Add.246, paragraphs 64 and 65), expressed concern that many children work below the legal age for admission to employment. Most of them work on family farms and in the informal economy, where their work is not monitored, even though it is well known that children are being exploited. The Committee requested the Government to provide information on the application of the Convention in practice.

In its report, the Government indicates that, insofar as the law prohibits child labour, no child is officially engaged in work in the country. However, in view of the situation caused by the civil war, minors may work on their own account in the informal economy. The Committee also notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project on the worst forms of child labour, 30 per cent of girls and boys are engaged in work in Angola. It further notes that, in the context of the implementation of the ILO/IPEC project on the worst forms of child labour, the implementation of a pilot programme for intervention in the field of education will result in over 200 girls and boys being prevented from being engaged in child labour and awareness raising for 800 members of communities, including the families of children, with a view to monitoring the situation in their locality and identifying children at risk. The Committee also notes that, according to the evaluation report, a study will be prepared on the worst forms of child labour. The Committee, while noting the extremely difficult situation facing the country, once again expresses its deep concern at the situation of young children under 14 years of age working in Angola, particularly in the informal economy, and requests the Government to redouble its efforts to improve the situation. It also requests the Government to provide information on the measures adopted in the context of the ILO/IPEC project on the worst forms of child labour for the progressive abolition of child labour and the results achieved. Finally, the Committee requests the Government to provide a copy of the study on child labour and specific 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 the reports of the inspection services and information on the number and nature of contraventions reported.