Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted that, according to a joint report by ILO/IPEC, UNICEF and the World Bank, entitled “Understanding Children’s Work and Youth Employment in Senegal”, of February 2010, in 2005 the number of children aged between 5 and 14 years who were economically active was estimated at more than 455,000, i.e. more than 15 per cent of children in this age group. The percentage is much higher in rural areas (21 per cent) than in urban areas (5 per cent). Agriculture is the sector that employs the largest number of children: 80 per cent of working children between the ages of 5 and 14 years are to be found in agriculture, and nearly 85 per cent of these are unpaid family workers. The report also indicates that child domestic labour is common and that nearly 22 per cent of children at work are involved in this activity in urban areas. Furthermore, children in the 5–14 age group employed as paid domestic servants have an average working week of 52 hours. The average working week for all economic activities engaged in by children aged from 5–14 years is 27 hours. The study also shows that more than 160,000 young persons aged between 15 and 17 years are compelled to engage in hazardous work.

The Committee notes that the Government once again states that it will send the Office information on any developments in the measures to combat child labour and particularly the impact of the programmes under way. However, the Committee observes with regret that the Government has, for a number of years, been stating that it will provide such information. Expressing deep concern at the situation of the many children under 15 years of age who work and at the number of hours devoted to this work, the Committee therefore urges the Government once again to strengthen its efforts to combat child labour, paying particular attention to children who are engaged in hazardous work including domestic work. It once again requests the Government to provide information in its next report on the number of children prevented from entering the labour market prematurely and the number of children withdrawn from work in the context of the action programmes under way.

Article 2(1). 1. Scope of application. In its previous comments the Committee noted that although the national legislation excludes all forms of self employment by children, in practice poverty has facilitated the development of such activities among children (shoeshiners, street vendors), who engage in them illegally. It noted the allegations of 1 September 2008 submitted by the National Confederation of Workers of Senegal (CNTS) to the effect that even though children working on their own account can be regarded as traders, the minimum age is not respected in the informal sector. A number of activities in this area have been carried out by the Government in collaboration with ILO–IPEC with a view to withdrawing self-employed children from work.

The Committee notes the Government’s statement that it affirms its political will to combat child labour, and to focus in particular on the case of children who work on their own account. The Government states that it will inform the Committee of any measures taken to this end and report on the results obtained. The Committee once again requests the Government to intensify its efforts to ensure that children under the age of 15 years who work on their own account are withdrawn from this work. It requests the Government to provide information on the measures taken to this end and on the results obtained in its next report.

2. Minimum age of admission to employment or work. The Committee noted previously that section L.145 of the Labour Code allows waivers from the minimum age of admission to employment by order of the Minister in charge of labour, taking account of local circumstances and the tasks to be performed. It noted the Government’s statement that the question of reform of the legislation is still under study.

The Committee notes that, according to the Government, the revision of the legislation is still under way. A study has begun to examine the consistency of domestic legislation with ILO fundamental standards, including those that concern child labour, and once it has been completed, a second phase will be devoted to amending the legislation in the light of the Convention’s requirements. The Government states, however, that time will be needed as the work cannot be done in the immediate future because the necessary financial resources are lacking.

The Committee reminds the Government that, according to Article 2(1) of the Convention, no one under the minimum age of admission to employment or work specified upon ratification of the Convention (15 years) shall be admitted to employment or work in any occupation, except for light work such as that authorized by Article 7 of the Convention. It also reminds the Government that Article 2(2) of the Convention allows the minimum age to be raised, but not to be lowered once it has been declared. Noting that the Government has been referring since 2006 to the revision of its legislation, the Committee once again urges it to take the necessary steps to ensure that the legislation is amended at the earliest possible date to bring it into line with the Convention by only allowing exceptions to the minimum age for admission to employment or work, such as the one provided for by section L.145 of the Labour Code, in the specific cases set out by the Convention.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 on child labour provides that the minimum age for admission to hazardous work is 18 years. It noted, however, that according to Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of hazardous tasks prohibited for children and young people (Order No. 3750), some tasks listed as hazardous may be carried out by persons under the age of 16. Thus, pursuant to section 7 of Order No. 3750, work in underground mining and quarrying is authorized for boys under the age of 16 years for light work such as sorting and loading ore, the handling and haulage of small wagons within the weight limits set by section 6 of the same Order, and the overseeing of handling of ventilation equipment. Furthermore, children of 16 years of age are allowed to perform the following tasks: work using circular saws provided that authorization in writing has been obtained from the labour inspector (section 14); the operation of vertical wheels, widgets and pulleys (section 15); operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Committee reminded the Government that, according to Article 3(3) of the Convention, hazardous work, such as the tasks provided for in Order No. 3750 of 6 June 2003, may be performed by young persons of over 16 years of age on the condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee also noted that the Government would undertake to amend all the provisions that are inconsistent with the Convention in the course of the current legislative reform, and to take account of the Committee’s comments.

The Committee notes with regret the information provided by the Government to the effect that the legislative reform is still under way and that for financial reasons, there has been no noteworthy progress since the last report. Noting that the Government has been referring to the legislative reform since 2006, the Committee once again urges it to take the necessary steps to ensure that the legislation is amended at the earliest possible date so as to ensure that children under the age of 16 may not be employed in work in underground mining and quarrying. It also requests the Government once again to take the necessary measures in the context of the present legislative revision, to ensure that the conditions set in Article 3(3) of the Convention are fully guaranteed for young persons aged between 16 and 18 years engaged in the work provided for in Order No. 3750 of 6 June 2003. It requests the Government to provide information on progress made in this regard in its next report.

The Committee encourages the Government, in the course of revising the relevant legislation, to take account of the comments the Committee has been making on the discrepancies between the national legislation and the Convention. It requests the Government to provide information on progress made in this matter and invites it to seek technical assistance from the ILO if necessary.