Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Minimum Age Convention, 1973 (No. 138) - Guinea-Bissau (Ratification: 2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s first report. It also notes the observations sent by the General Confederation of Independent Trade Unions of Guinea-Bissau (CGSI-GB) dated 20 March 2012, the Chamber of Commerce, Industry, Agriculture and Services (CCIAS) dated 21 March 2012 and the National Union of Workers of Guinea-Bissau (UNTG) dated 22 March 2012.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s reference to the policies relating to poverty prevention through the National Poverty Reduction Strategy Paper – DENARP/PRSP-II which aims to significantly reduce poverty in all its dimensions creating greater opportunities for income generation, employment and improved access to quality basic public services, including education. The Committee notes that, within the framework of implementing the PRSP-I, Guinea-Bissau had made significant progress, particularly in the education sector with a 4–10 per cent increase in the enrolment rate at schools between 2004 and 2010. The Committee also notes from the Government’s report that it has developed a national child protection policy. It further notes that Guinea-Bissau is a participating country in the ILO–IPEC PALOP project entitled “Supporting actions to meet the 2015 targets to eliminate the worst forms of child labour in Lusaphone countries in Africa”. The Committee requests the Government to continue to provide information on the measures taken to prevent and eliminate child labour within the country, including measures implemented in collaboration with ILO–IPEC. It also requests the Government to provide information on the impact of the national child protection policy in abolishing child labour.

Article 2(1). Scope of application. The Committee notes that as per section 1 of General Labour Act No. 2/86 (Lei General de Trabalho – LGT), the Act applies only to an employment relationship between employers and employees. The Committee notes the Government’s statement in its report of 7 December 2011 to the Committee on the Rights of the Child (combined second, third and fourth periodic reports; CRC/C/GNB/2-4, paragraph 26) that it is difficult to control the informal activities carried out by an under-age child. The Committee also notes the Government’s information in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that violations of the provisions of labour laws arise in the informal sector, where children work in the traditional fishing industry and family farming. The Committee finally notes from a report available on the website of the United Nations High Commissioner for Refugees that, according to the 2010 Multiple Indicator Cluster Survey Report, 65 per cent of children under the age of 14 years in rural areas are engaged in child labour. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee notes from the Government’s report that it is in the process of drafting a new Labour Code. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. In this regard, the Committee encourages the Government to consider, in the context of drafting the new Labour Code, the Committee’s comments concerning the application of the Convention to all forms of work performed outside the framework of a formal employment relationship.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 147 of the LGT, the employment of children who have not completed compulsory education shall be prohibited. It also notes that, further to article 49.1 of the Constitution which guarantees every citizen the right and obligation to education, the Government adopted Act No. 4 of 29 March 2011 on the basic education system (Act No. 4/2011 on education). Section 12 of Act No. 4/2011 on education declares that basic education is universal and compulsory and totally free up to the sixth year and, from the seventh year, free in accordance with the economic possibility of the State. The Committee further notes that, according to section 13 of Act No. 4/2011 on education, basic education consists of nine years of schooling, starting at the age of 6 years. In this regard, the Committee notes that, a child who starts school at the age of 6 years completes compulsory education at the age of 14 years.

The Committee further notes the Government’s indication as to the difficulties in ensuring the effective implementation of compulsory education, especially with regard to the girl child. It also notes from the Government’s report of 2011 to the CRC that, due to the country’s economic situation, there is only free access to the basic level of education. The Committee further notes from the Second National Poverty Reduction Strategy Paper (PRSP-II, 2011–15, pages 19, 20 and 87) that almost one in three children (32.6 per cent) of school age have no access to primary education. Although the net primary school enrolment rate is 67.4 per cent at the national level, it is only 56.5 per cent in rural areas compared with 83.5 per cent in urban areas. The PRSP-II further states that access to schools is far from being within everyone’s reach, and retention of children in schools continues to be poor, in that for every 100 children who enrol in the first year, just 40 reach the sixth year of schooling. Recalling that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to ensure that compulsory education is effectively implemented in the country. In this regard, it requests the Government to provide information on the measures taken to increase the school enrolment as well as attendance rates at the primary level, paying special attention to girls. The Committee also requests the Government to intensify its efforts to combat child labour, by strengthening measures enabling working children to enter the formal or informal education system or take up vocational training, provided that minimum age criteria are respected.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. The Committee notes that, by virtue of section 148(1) of the LGT, it is prohibited to employ young persons under the age of 18 years in heavy work, work in unhealthy or dangerous conditions or underground work. The Committee also notes that section 152 prohibits night work and section 153 prohibits overtime work by young persons. The Committee further notes that, according to section 148(2) of the LGT, additional regulations shall specify the work referred to under section 148(1). However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that it has not yet developed a list of types of hazardous work prohibited for children under the age of 18 years. The Government report further indicates that steps are being taken in this direction and a committee has been set up to develop a list of dangerous activities. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes the Government’s statement that the Guinean legislation only allows work by children who have reached the age of 14 years who are physically and mentally fit for the job. The Committee observes that the national legislation does not contain provisions for the performance of light work for children under the minimum age of 14 years. The Committee notes, however, from the PRSP that according to the Multiple Indicator Cluster Survey of 2010, 57 per cent of children aged 5–14 years are involved in child labour. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore, encourages the Government to consider, within the framework of drafting a new Labour Code, regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee notes the Government’s information that there are no legal provisions regulating artistic performances by children. The Committee requests the Government to indicate whether, in practice, children under 14 years of age participate in such activities and, if so, to indicate whether it intends to regulate these types of activities.

Article 9(1). Penalties. The Committee notes that sections 186–188 of the LGT provide for sanctions and fines for the violation of their provisions. It notes that, according to section 186(1) of the LGT, an employer who violates the provisions of sections 146 (minimum age) and 148 (prohibition of young persons under 18 years of age for heavy work) shall be punished with a fine of 5,000 to 10,000 Guinea-Bissau pesos (in 1997, Guinea-Bissau adopted the Communauté Financière Africaine (CFA) franc, at 65 pesos to a franc; 5,000 CFA francs is equivalent to approximately US$10) and higher penalties in the case of a second or subsequent offence (sections 187 and 188). The Committee notes that the amounts of fines are very low. It had noted, in its comments of 2012 under the Labour Inspection Convention, 1947 (No. 81), that the amounts of fines were derisory, as they were set when the currency in use was still the peso. The Committee requests the Government to take the necessary measures, within the context of drafting a new Labour Code, to update and establish appropriate monetary penalties for violations of the provisions of the LGT. It requests the Government to provide information on any measures taken in this regard. The Committee also requests the Government to provide information on the application of the penalties in practice in case of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Labour inspectorate. The Committee notes that, according to Decree No. 24/A-90 of 1990, the Inspectorate General of Labour and Social Security (IGTSS) is the authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the comments made by the CGSI-GB that there is a lack of monitoring mechanisms to ensure the effective implementation of the provisions giving effect to this Convention. Moreover, the Committee had noted in its comments of 2012, under Convention No. 81, that the IGTSS was having serious difficulties in carrying out its functions for the following reasons: (1) the number of inspectors is too low; (2) their facilities are cramped and are therefore an impediment to the confidentiality needed for the proper discharge of the inspectors’ duties; and (3) only one vehicle is available, so inspectors lack the mobility they need to meet the demands of the labour market. The Committee therefore requests the Government to take the necessary measures to strengthen the functioning of the IGTSS, by increasing the number of labour inspectors as well as by providing them with additional means and resources, in order to ensure the effective supervision of the provisions giving effect to the Convention. It requests the Government to provide information on measures taken in this regard and on the results achieved, including on the number of inspections carried out and violations detected with regard to children.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

The Committee encourages the Government to take into consideration, during the review of the Labour Code, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.