Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Minimum Age Convention, 1973 (No. 138) - Central African Republic (Ratification: 2000)

Article 1 of the Convention and Part V of the report form. National policy and the application of the Convention in practice. In its previous comments, the Committee noted a study by the Ministry of the Economy, Planning and International Cooperation of 2003 on the situation of children in the country. According to this study, 5.2 per cent of boys and 5.6 per cent of girls between the ages of 6 and 9 years are engaged in work. The study also shows that boys work, in particular, in the private wage sector (boys account for 68.5 per cent of children working in this sector), the para-public wage sector (66.7 per cent), for an employer (72.7 per cent) and as apprentices (60.2 per cent), while the number of girls is greater in own-account work (girls account for 56.9 per cent of children working in this sector) or as family helpers (53.5 per cent). The Committee also noted the Government’s indication that a study to identify and classify types of child labour, carried out in collaboration with UNICEF, was in the process of being validated.

The Committee notes that, according to UNICEF statistics for 2007, 57 per cent of children between the ages of 5 and 14 years are engaged in work in the Central African Republic (44 per cent of boys and 49 per cent of girls). It notes the Government’s indication that, in the context of the adoption of the new Act No. 09.004 issuing the Labour Code of the Central African Republic in January 2009 (Labour Code of 2009), the Labour Department has worked on the preparation of texts to implement the Code. The Government indicates that a national policy for the progressive abolition of child labour and to increase the minimum age for admission to employment or work will be prepared once the implementing texts have been issued. The Committee must, however, express once again its deep concern at the situation of young children who work in the country out of personal necessity. It therefore urges the Government to take the necessary measures to ensure that the national policy for the progressive abolition of child labour is adopted in the very near future and that programmes of action are implemented in the sectors in which child labour is the most problematic. It requests the Government to provide information in its next report on the progress achieved in this respect. It also once again requests the Government to provide a copy of the study to identify and classify child labour.

Article 2, paragraph 1. Scope of application and minimum age for admission to employment or work. Self-employed work. In its previous comments, the Committee noted the information provided by the Government that most children are used in the sectors of the informal economy, such as diamond workshops, porterage or diving in search of diamonds. The Government indicated that the juvenile courts and the Children’s Parliament guarantee the protection envisaged by the Convention with respect to children engaged in an economic activity on their own account. The Committee notes that the Labour Code of 2009 is not applicable to self-employed workers (section 2), but only governs professional relationships between workers and employers derived from labour contracts (section 1). Noting that the Government’s report does not contain any information on this subject, the Committee requests it once again to provide information on the manner in which the juvenile courts and the Children’s Parliament ensure the application of the protection envisaged by the Convention in respect of children who work without an employment relationship, in particular when they work on their own account or in the informal economy. In this respect, it once again requests the Government to envisage the possibility of adopting measures to adapt and strengthen the labour inspection services so as to secure this protection.

Family enterprises. The Committee noted previously that, under section 2 of Order No. 006 of 21 May 1986 determining the conditions of employment of young workers, the types of work and the categories of enterprises that are prohibited for young persons and the age limit up to which this prohibition applies (Order No. 006 of 1986), children under 14 years of age may be employed, even as apprentices, in establishments in which only family members are engaged. The Committee notes that section 166 of the Labour Code of 2009 provides that no one may be apprenticed who is not at least 14 years of age. Furthermore, section 259 provides that children may not be employed in any enterprise, even as apprentices, before the age of 14 years, unless an exception is issued by order of the minister responsible for labour taking into account the opinion of the National Standing Labour Council. The Committee requests the Government to indicate whether exceptions have been authorized by the minister responsible for labour under section 259 of the Labour Code of 2009.

Domestic work. In its previous comments, the Committee noted that section 3(a) of Order No. 006 of 1986 provides that children over 12 years of age may carry out light domestic work and that section 125 of the Labour Code respecting the minimum age for admission to employment only applies to work performed in an enterprise. The Committee observed previously that no text in the national legislation explicitly establishes a minimum age of 14 years for domestic workers. It therefore recalled that Article 2 of the Convention is applicable to domestic work and that the minimum age for admission to this type of work must not be less than 14 years, except for work considered to be light, in accordance with the conditions laid down in Article 7 of the Convention. In this respect, the Government indicated that measures to explicitly establish a minimum age for admission to employment for light domestic work were envisaged in the preliminary draft of the Labour Code. The Committee notes with interest that section 259 of the Labour Code of 2009 establishes the minimum age for admission to employment at 14 years and that the application of the Labour Code is now no longer limited to work performed in an enterprise (section 1).

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. It also noted the Government’s indication to the Committee on the Rights of the Child that, pursuant to section 6 of Act No. 97/014 of 10 December 1997 respecting education policy, school attendance is compulsory from 5 to 15 years and that the texts to be issued under this Act are being prepared. The Committee also noted the adoption of the Plan of Action on Education for All (NPA-EFA) in 2005, the objective of which is to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. The Committee further noted that, according to UNICEF statistics for 2006, the net school enrolment rate for primary education was 44 per cent for boys and 37 per cent for girls, while the figures for secondary education were 13 per cent for boys and 9 per cent for girls. The Committee also noted that, according to the Education for All Global Monitoring Report 2008, published by UNESCO under the title “Education for All in 2015: Will we make it?”, in view of the lack of data, it was impossible to make projections for the achievement of the goals established by the NPA–EFA for the Central African Republic for 2015. However, the study indicates that 20 per cent or more of primary school students are repeating their grade and that girls repeat grades more than boys.

The Committee observes that, according to UNICEF statistics for 2007, the school attendance rates at the primary and secondary levels remain a matter of great concern: the net enrolment rate at primary school is 53 per cent for boys and 38 per cent for girls, and the figures for secondary education are 13 per cent for boys and 9 per cent for girls. The Committee, however, notes that the Government has not provided any information on this subject in its report. The Committee therefore once again expresses its deep concern at the low rate of school enrolment in both primary and secondary education, and particularly at the disparity between the two sexes, to the detriment of girls, and the fairly high rate of repeating school years, which affects girls in particular. It once again observes that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the education system in the country so as to enable children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it once again requests the Government to provide information on the measures adopted in the context of the NPA-EFA of 2005 to increase the school enrolment rate and reduce the school drop-out rate, so as to prevent children under 14 years of age from working. The Committee requests the Government to provide information in its next report on the results achieved. Finally, the Committee once again asks the Government to provide a copy of Act No. 97/014 of 10 December 1997 on education policy.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous types of work and determination of these types of work. With reference to its previous comments, the Committee notes that, under the terms of section 263 of the Labour Code of 2009, the worst forms of child labour, that is work by any person under 18 years of age (section 3), are prohibited throughout the Central African Republic. Section 262 provides that the worst forms of child labour include work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s indication in its report that section 261 of the Labour Code of 2009 provides that a joint order of the Minister of Labour and the Minister of Public Health, issued taking into account the opinion of the National Standing Labour Council, shall determine the nature of the types of work and the categories of enterprises prohibited for children and the age limit up to which this prohibition applies. The Committee however observes that no list of these hazardous types of employment or work appears to have been published up to now. The Committee reminds the Government that, by virtue of Article 3(2) of the Convention, the 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 therefore requests the Government to take the necessary measures to ensure that a list determining the hazardous types of employment or work that are prohibited for persons under 18 years of age, in accordance with section 261 of the Labour Code of 2009, is adopted in the near future. It requests the Government to provide information on the progress achieved in this respect.

Article 6. Apprenticeship. With reference to its previous comments, the Committee notes with interest that Chapter II of the Labour Code of 2009 regulates the nature and conditions of apprenticeship contracts. Under section 166, no person may be apprenticed who is not at least 14 years of age. Furthermore, the provisions of sections III and IV of this chapter lay down the duties of masters and those of apprentices. Accordingly, masters have to teach apprentices progressively and completely the craft, trade or special occupation covered by the contract (section 172), while apprentices have to help the master through their work within the bounds of their capacities and strength (section 173).

Article 9, paragraph 1. Penalties. The Committee notes with interest that section 389 of the Labour Code of 2009 provides that any person who commits a violation of section 259 (minimum age for admission to work or employment of 14 years) is liable to a fine of between 100,000 and 1 million CFA francs. Under section 392, in the event of a repeat offence, including violations of section 259, liability may include terms of imprisonment of between one and six months. The Committee furthers notes that, under the terms of section 393, any person who has procured or endeavoured to procure a child for the worst forms of child labour shall be liable to a fine of between 500,000 and 5 million CFA francs and a term of imprisonment of between one and five years, or to only one of these penalties. In the event of a repeat offence, these penalties are doubled.

Article 9, paragraph 3. Keeping of registers by employers. With reference to its previous comments, the Committee notes that, under the terms of section 331 of the Labour Code of 2009, the employer shall always keep an up to date employment register, the first part of which shall contain data relating to the persons and the contracts of all workers engaged in the enterprise. The employment register has to be kept at the disposal of labour inspectors, who may require its production at any time. However, the Committee notes that section 331 also provides that certain enterprises or establishments, as well as certain categories of enterprises or establishments, may be exempted from the obligation to keep an employment register by reason of their situation, their small size or the nature of their activity, by order of the Ministry of Labour, issued taking into account the views of the National Standing Labour Council. The Committee once again reminds the Government that Article 9(3) of the Convention does not envisage such exceptions. Noting that the Labour Code of 2009 has not taken this issue into account, the Committee urges the Government to take the necessary measures to ensure that all employers are required to keep a register indicating the names and ages or dates of birth, duly certified wherever possible, of persons employed by them or working for them who are under 18 year of age. It requests the Government to provide information in its next report on the progress achieved in this respect.

[The Government is asked to supply full particulars to the Conference at its 99th Session and to reply in detail to the present comments in 2010.]