Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Cabo Verde (Ratification: 2011)

Article 3(1) and 3(2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that a regulatory instrument incorporating the list of hazardous types of work prohibited to children and young persons would be adopted shortly.

The Committee notes the Government’s information that the national list of hazardous forms of child labour was adopted by Act No. 113/VIII/2016 on 10 March 2016. The list enumerates hazardous types of work prohibited for children in different industries (agriculture, fishery, mining, manufacturing and construction), including work with chemical products or other dangerous substances, work involving transport of heavy loads, work exposing children to temperature, dusts or other unhealthy environments, work involving intense physical efforts, work for long hours or work on ships or vessels in general, among others. However, the Committee notes with regret that, according to sections 2 and 5(1) of the Act, the list only applies to children under 16 years of age. The Committee reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or moral of young persons shall not be less than 18 years. The Committee emphasizes that the authorization to undertake hazardous work from the age of 16 years is a limited exception to the general rule on the prohibition of young persons under 18 years performing hazardous work, and that it does not constitute an unqualified authorization to engage in hazardous work as from the age of 16 years (see 2012 General Survey on the fundamental Conventions, paragraph 379). The Committee therefore requests the Government to take the necessary measures to ensure that no children under 18 years of age, other than in the exceptional cases allowed by the Convention, shall be authorized to engage in hazardous work, in accordance with Article 3(1).

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