Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2(1) of the Convention. Scope of application and application in practice. The Committee previously noted that section 89(2) of the Labour Law Proclamation No. 42 of 1993 prohibits the employment of persons under 14 years of age. The Committee observed, however, that the provisions of the Labour Law did not cover work performed outside an employment relationship, and recalled that the Convention applies to all branches of economic activity and covers all types of employment or work, whether under a labour relationship or contract of employment or not, and whether it is remunerated or not. The Committee further noted that 15.5 million children (84.5 per cent of the child population) were engaged in economic activities, and 12.6 million of those children (81.2 per cent) were under the age of 15. Finally, in its comment under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted that only 2.14 per cent of working children in Ethiopia are in formal labour relationships.

The Committee notes the Government’s indication that, although the Labour Law still does not include self-employed children or children working in agriculture and the urban informal economy, “other legal provisions” guarantee the right of protection for those children from being exploited and engaged in harmful work. The Committee also notes the Government’s participation in the project entitled “Ethiopians Fighting Against Child Exploitation” (2011–15) (E FACE), which aims to combat the engagement of children aged five to 17 years in hazardous sectors and areas. The Committee notes that, according to the Interim Evaluation of the E-FACE (page 45), the Government’s labour inspectorate has undertaken capacity strengthening training on child labour. In this regard, the Committee recalls the 2012 General Survey on the fundamental Conventions (paragraphs 407 and 408), which highlights that the inability of the labour inspectorate to monitor specific areas is particularly problematic when child labour is concentrated in sectors outside the coverage of the labour inspectorate. In such cases, the Committee emphasizes the importance of ensuring that the labour inspection system effectively monitors working children in all areas and sectors, including in informal sectors. The Committee accordingly requests the Government to strengthen its efforts to adapt and strengthen the labour inspectorate services so as to improve the inspectors’ capacity to identify instances of child labour in the informal economy and to guarantee the protection afforded by the Convention to children under 14 years of age who are self-employed or working in agriculture or the urban informal economy. It also requests the Government to identify its legislative provisions, to which it refers in its report, which provide guarantees that children working on their own account and in those sectors mentioned above benefit from the protection of the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee recalls its previous comments, which noted that primary education in Ethiopia was neither free nor compulsory, and that net enrolment remained very low. The Committee notes the Government’s information, in this respect, concerning its measures to increase funding and resources for primary schools. It also notes the Government’s indication that the net enrollment for primary education has increased from 82.2 per cent in 2008–09 to 95.5 per cent in 2012–13.

The Committee also notes that one of the objectives of the E-FACE project is to strengthen educational services in order to sustainably reduce the number of children aged five to 17 years engaged in and at risk of child labour. The Committee notes that, according to the Interim Evaluation of the project, the attendance of children in early childhood care and education programme (ECCE) remains very low, at an average five per cent, as compared to the sub-Saharan average of 18 per cent.

While taking due note of the Government’s efforts to strengthen the functioning of the education system, the Committee notes with regret that there remain a significant number of children under the minimum age who are not attending, or who have dropped out of school. The Committee notes, in this respect, the 2012 UNICEF statistics which indicate that while the net attendance for primary school was 64.3 per cent for boys and 65.5 per cent for girls, it was only 15.7 per cent for boys and 15.6 per cent for girls in secondary school. Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures, including within the framework of the E-FACE programme, to provide for compulsory education up to the minimum age of admission to employment of 14 years. The Committee requests the Government to provide information on any developments in this regard.

Article 3. Minimum age for admission to, and determination of hazardous work. Vocational education. The Committee previously noted the decree of the Minister of Labour and Social Affairs of 2 September 1997 concerning the prohibition of work for young workers which, under section 4(1), contains a detailed list of types of hazardous work and a general prohibition of all other kinds of work likely to jeopardize the young worker’s morals or physical condition/health. The Committee observed that, according to section 4(2) of the decree, the prohibition set out in section 4(1) does not apply to persons who carry out such activities in the course of professional education in vocational centres. Finally, the Committee noted the Government’s statement that it planned to consult with its social partners and other stakeholders to review the directive concerning the prohibition of work for young workers.

The Committee notes the Government’s indication that the decree of the Minister of Labour and Social Affairs of 2 September 1997 has been amended. It notes with regret, however, the Government’s indication that young persons under the age of 18 years who carry out work in the course of professional education in vocational schools remain outside the scope of the directive. The Government indicates, instead, that training institutions are the responsible entities for putting in place the necessary care and precautions to safeguard the health and well-being of trainees.

The Committee draws the Government’s attention, once again, to Article 3(1) of the Convention, which states that the minimum age of admission to hazardous work shall not be less than 18 years. Additionally, the Committee reminds the Government that the exception outlined in Article 3(3) of the Convention provides that national laws or regulations may authorize hazardous work for young persons over the age of 16 (following consultation with the organizations of employers and workers concerned) provided 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. It also notes, in this respect, the Government’s indication in its report under Convention No. 182 that it is revising its hazardous work list. The Committee urges the Government to take the necessary measures, including within the framework of its legislative revision process, to implement Article 3(1) of the Convention by prohibiting young persons under 18 years of age who are following courses in vocational schools (or under 16 years under the specific conditions set forth in Article 3(3)) from carrying out hazardous work. The Committee requests the Government to transmit a copy of this new hazardous work list once it is adopted.

The Committee is raising other matters in a request addressed directly to the Government.