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

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

The Committee notes 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 initially made in 2015.

Repetition

The Committee notes the Government’s first report. It further notes the observations of the Education International (EI) and Ghana National Association of Teachers (GNAT), which were received on 4 September 2014.

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 National Plan of Action (NPA) (2009–15) for the elimination of the worst forms of child labour. It indicates that this policy aims to sustain commitment on the child labour elimination activities and mainstream them into the institutional action plan to bring various institutions that undertake child labour activities onto one platform. The Committee further notes that this NPA is currently under review, with a draft report anticipated for 2015 to inform the elaboration of a new NPA for the period 2016–20. Noting that the current NPA will expire, by its terms, in 2015, the Committee requests the Government to continue its efforts to maintain a national plan of action to combat child labour and to submit any finalized plans once they are available.

Article 2(1). Minimum age for admission to employment and scope of application. The Committee notes that, pursuant to section 89 of the Children’s Act 1998, the minimum age for admission to employment is 15 years, in line with the minimum age which was specified by the Government upon ratifying the Convention. The Committee further notes that section 92 specifies that the Act applies to employment in the formal and informal sectors.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of hazardous work. The Committee notes that, under section 91 of the Children’s Act, the minimum age for hazardous work is 18 years. It also notes that the term “hazardous work” is defined as work that poses a danger to health, safety or morals of a person, and that section 91(3) provides a list of work that constitutes hazardous work. Nevertheless, the Committee notes that the NPA (under Issue 1.1.2) has identified the need to expand the list of hazardous activities under the Children’s Act to clearly identify hazardous tasks or activities.

In this connection, the Committee notes the Government’s indication that the Child Labour Unit (CLU) launched an initiative in 2006 to review the list of hazardous work under the Worst Forms of Child Labour Convention, 1999 (No. 182), and the Worst Forms of Child Labour Recommendation, 1999 (No. 190), and that, in 2010, the CLU developed a Hazardous Child Labour Activity Framework. Under this Framework, the CLU produced a Ghana Hazardous Child Labour List (GHAHCL), which identifies 34 work activities that are likely to cause harm to the health, safety and morals of children, and assigns different age limits for children to perform such activities. Finally, the Government states that the tripartite National Steering Committee of the CLU approved the list in December 2013, although it has not yet become law. The Committee requests the Government to continue its efforts to adopt the list into law and to transmit a copy of the GHAHCL, once adopted.

Article 7(3). Determination of light work. The Committee notes that, under section 90 of the Children’s Act, the minimum age for the engagement of a child in light work is 13 years and that section 90(2) defines the term “light work” as work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school work. The Committee also notes the Government’s indication that the Hazardous Child Labour Activity Framework has set out certain conditions for light work, including: (i) working hours may not exceed two hours per day or 14 hours per week; (ii) the work may not affect the child’s capacity to benefit from education or vocational instruction; and (iii) the activities may not interfere or impact on schooling such as enrolment, attendance and performance. The Committee requests the Government to take the necessary measures to specify the types of light work activities permitted for young persons between the ages of 13 and 15, as required under Article 7(3) of the Convention. Noting the Government’s reference to the conditions of light work provided by the Hazardous Child Labour Activity Framework, the Committee requests the Government to transmit a copy of any regulations or text giving effect to these conditions.

Labour inspectorate. The Committee notes that, pursuant to sections 95 and 96 of the Children’s Act, as well as section 60 of the Labour Act, the national authorities entrusted to supervise and enforce the legislation with respect to child labour include the Chief Labour Officer, the Social Services Sub-Committee of the District Assembly and the Department of Social Welfare. Nevertheless, the Committee recalls, according to the information provided in the report on Convention No. 182, the lack of capacity and logistical deficiencies for labour inspection. In this connection, it further recalls its observation under Labour Inspection Convention, 1947 (No. 81), adopted in 2013, in which it observed the Government’s commitment to establishing the necessary systems and infrastructure to enable the effective inspection of workplaces liable to inspection. The Committee draws the Government’s attention to its most recent comments under Conventions Nos 81 and 182 and requests the Government to provide detailed information on the structure of the existing labour inspection system as regards the prohibition of child labour and any measures taken or envisaged to reorganize the labour inspectorate in this regard.

Application in practice. The Committee takes due note of the Government’s legislative and programmatic measures to combat child labour. It further notes the information provided by the EI and the GNAT, including the results of the Ghana Living Standards Survey Round 6 (GLSS 6) of August 2014, which was carried out with ILO technical assistance. These results indicate that 1,892,553 of the country’s 8,697,602 children aged 5–17 years (21.8 per cent) are engaged in child labour and 1,231,286 (14.2 per cent) are engaged in hazardous child labour. The Committee must express its concern over the situation of children working in the country, particularly in hazardous working conditions, and strongly encourages the Government to strengthen its efforts to ensure the progressive elimination of child labour in the country. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from the reports of the labour inspection services, indicating the number and nature of the contraventions reported and the penalties applied.