Minimum Age Convention, 1973 (No. 138) - Algeria (Ratification: 1984)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the establishment of the national body for the protection and promotion of the rights of the child (OPPDE) under Act No. 15-12 of 15 July 2015 on child protection. It noted that the main mission of the OPPDE was to oversee the implementation and periodic evaluation of the national and local programmes for the protection and promotion of the rights of the child and to establish a national information system on the situation of children in the country. The Committee also noted the community child protection services (services du milieu ouvert) established at the local level to ensure the social protection of children at risk, including children subjected to economic exploitation. It requested the Government to continue its efforts to ensure that children under the minimum age of admission to work, fixed at 16 years, are not engaged in child labour. It also requested the Government to provide information on the measures taken by the OPPDE in this regard, as well as on the number of children under 16 years who have been identified as being “at risk” because of their engagement in work.

The Government indicates, in its report, that among the measures taken by the OPPDE to combat the economic exploitation of children is the establishment of a mechanism for handling complaints of children’s rights violations, through a free hotline, on line, by mail or in person. The Government states that in 2019, 188 complaints related to the economic exploitation of children were registered, concerning 470 children at risk (322 boys and 148 girls). From January to the end of April 2020, 49 complaints related to the economic exploitation of children were registered, involving 132 children at risk (80 boys and 52 girls). According to the Government, the OPPDE also established a standing coordination committee within the OPPDE in 2017 and developed a committee work programme to coordinate efforts to combat child rights violations, including child labour. In addition, the OPPDE organized several public awareness-raising actions and training for professionals working in the area of child protection on combating all forms of exploitation. The Government also indicates that the development of a statistical database on the situation of children has been initiated by the OPPDE. The Committee notes that, according to the Government, an interministerial commission coordinates actions to combat child labour. The Committee encourages the Government to pursue its efforts to ensure the progressive elimination of child labour and requests it to continue to provide information on the activities carried out by the OPPDE and the results achieved with regard to combating labour of children under 16 years. The Committee requests the Government to provide information on the activities of the interministerial commission to combat child labour. It also requests the Government to intensify its efforts to set up a system for the collection of statistical data on the nature, extent and evolution of labour of children under 16 years and requests it to provide information in this regard.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that Act No. 90-11 on working conditions of 21 April 1990 governed relations between salaried workers and employers, thereby excluding persons working on their own account. It also noted that, under Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce, children under 18 years cannot engage in trading, as defined by the Code of Commerce. In this respect, the Government stated that the Code of Commerce applies to all jobs, salaried or own-account. Noting that the Code of Commerce governs activities defined as acts of trading, the Committee noted that Algerian legislation does not regulate all the economic activities that a child under 16 years of age may carry out in the informal economy or on their own account. The Committee encouraged the Government to strengthen the capacities of labour inspection to enable it to monitor child labour in the informal economy. It also requested the Government to provide information on inspections carried out in practice by labour inspectors responsible for monitoring child labour.

The Government indicates that the fight against child labour is a priority focus of the labour inspection services. It states that measures are being taken to strengthen the capacities of labour inspectors to combat child labor, including in the informal sector. According to figures provided by the Government, as a result of investigations conducted by the labour inspectorate, four children under 16 years were identified in the workforce in 2018, and three in 2019. With regard to monitoring, the Government indicates that the child labour rate over the last ten years is 0.03 percent. However, the Committee notes that according to the multiple indicator cluster survey (MICS) conducted in Algeria in 2019 by the Directorate of Population under the Ministry of Health, Population and Hospital Reform in partnership with UNICEF, 4.2 per cent of children aged 5 to 17 are engaged in child labour (5.7 per cent of boys and 2.7 per cent of girls), including in hazardous conditions. The Committee therefore requests the Government to intensify its efforts to strengthen the capacities of the labour inspectorate in order to detect all cases of child labour, including in the informal economy. It requests the Government to provide information on this matter and on the number of violations found related to child labour, including in hazardous conditions, and the penalties imposed. The Committee also requests the Government to take the necessary measures to ensure in practice that the protection set out by the Convention is applied to children working in the informal economy or on their own account, and not restricted to activities governed by the Code of Commerce.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that a National Plan of Action (NPA) had officially been launched on 25 December 2008 on the theme “An Algeria fit for children” for the period 2008–15. The NPA called, among other measures, for the development and updating of legislation on child protection, and the strengthening and development of enforcement mechanisms for the legislation in force.

The Committee notes the information provided in the Government’s report, according to which Act No. 15-12 of 15 July 2015 on child protection has been enacted. Under this Act, a national body for the protection and promotion of the rights of the child (OPPDE) was finally established in 2017. The OPPDE is presided by the national ombudsman, whose main mission is to oversee the implementation and periodic evaluation of the national and local programmes for the protection and promotion of the rights of the child (section 13).

In addition, under sections 21–31 of Act No. 15-12, children’s social protection at the local level falls to the “community oversight services”. A minimum of one service provider is established in each wilaya (administrative division). The community oversight services monitor the situation of children at risk and provide assistance to their families. Thus, under section 2 of Act No. 15-12, the term “child at risk” is understood as “a child whose health, morals, education or safety are at risk or may be put at risk, or whose living conditions or behaviour are likely to expose him or her to a potential risk or compromise his or her future, or whose environment puts at risk his or her physical, psychological or educational well being”. The situations considered to expose the child to risk include, in particular: an infringement of their right to education, and the economic exploitation of a child, particularly by their employment or forced engagement in work that prevents them from studying, or that harms their health or physical or moral well-being. The Committee requests that the Government continue its efforts to combat work by children under 16 years of age which is the minimum age of admission to work in Algeria. In this regard, it requests that the Government provide the information on the concrete measures taken by the OPPDE to eliminate child labour and the results achieved. It also requests that the Government provide information on the number of children under 16 years who have been identified by the community oversight services as being “at risk” because of their employment or forced engagement in work and who have benefited from the protection under Act No. 15-12, bearing in mind that the minimum age for hazardous work under the Convention is 18 years.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that the provisions of Algerian legislation, including those of Act No. 90-11 on working conditions of 21 April 1990 and of Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce, do not regulate all the economic activities that a child under 16 years of age may carry out in the informal economy or on their own account and which are covered by the Convention, for example in agriculture and domestic work, where the economic exploitation of children is more frequent. In this regard, the Committee noted that around 300,000 children aged under 16 years of age are engaged in work in Algeria. Furthermore, the Committee noted that the Committee on the Rights of the Child has expressed its concern that the minimum age for admission to employment is not applied in Algeria, in particular for children working in the informal sector.

The Committee notes the statistics provided by the Government on the visits conducted by labour inspection in various enterprises and undertakings since 2002, the most recent of which include:

• -in 2014, of the 14,201 employers in the private sector, comprising 79,063 workers, 32 workers under 16 years were detected;
• -in 2015, of the 15,093 employers in the private sector, comprising 98,327 workers, 79 workers under 16 years were detected;
• -in 2016, of the 11,575 employers in the private sector, comprising 100,608 workers, 12 workers under 16 years were detected.

The Committee notes, however, that these statistics do not relate to the informal economy and notes yet again with regret that the Government’s report is silent on this issue of children working on their own account or in the informal economy. The Committee recalls that the Convention applies to all branches of economic activity, formal and informal, and that it covers all forms of employment and work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. In this regard, with reference to the 2012 General Survey on the fundamental Conventions (paragraph 407), which notes that the inability of labour inspection to monitor child labour outside a given area is particularly problematic, especially when child labour is concentrated in a sector outside its coverage, the Committee emphasizes the need to ensure that the labour inspection system effectively monitors child labour in all regions and all branches of economic activity. In addition, the Committee refers to paragraph 347 of the 2012 General Survey, which describes the variety of programmes and measures that States have implemented in an effort to combat child labour in the informal economy. These programmes may include specific measures to remove children from work in the informal economy, and often involve initiatives to reintegrate these children into school. Addressing the needs of children engaged in, or at risk of becoming engaged in, the informal economy may also include social protection measures, or mainstreaming the issue of children working in the informal economy into national action plans to combat child labour. The Committee therefore encourages the Government to undertake programmatic measures to ensure that the protection provided by the Convention is enjoyed, in practice, by children working in the informal economy. It also invites the Government to strengthen the capacities of labour inspection to enable it to monitor child labour in the informal economy so that labour inspectors can detect all cases of labour involving children under 16 years of age. The Committee requests the Government to provide information on the progress made in this regard. It also requests that the Government continue providing information on inspections carried out in practice by labour inspectors responsible for monitoring child labour by providing information on the number of violations registered and extracts from labour inspectors’ reports.

Application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child noted with concern the limited progress made to establish a national, comprehensive and centralized data collection system covering child protection. That Committee was particularly concerned that data by geographic location, socio-economic status and groups of vulnerable children was lacking, and that policy-makers often used unreliable national data to assess the situation and to formulate policies to address the problems of children, including those working in the informal sector.

The Committee notes with regret the absence of information in this regard in the Government’s report. The Committee notes, however, that under section 13 of Act No. 15-12 of 15 July 2015 on child protection, the national ombudsman must establish a national information system on the situation of children in Algeria in coordination with the administrative divisions and institutions concerned. The Committee once again urges the Government to take the necessary steps to, either through a national information system established by the national ombudsman or by other means, ensure that sufficient data on work by children under 16 years of age in Algeria are available, in particular concerning children working on their own account or in the informal economy. In this regard, it requests that the Government provide information on the application of the Convention in practice, including statistics and information on the nature, scale and development of child labour. As far as possible, all information should be disaggregated by age and gender.

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

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that a National Plan of Action (NPA) had officially been launched on 25 December 2008 on the theme “An Algeria fit for children” for the period 2008–15, and that the NPA includes a component on child labour. The NPA calls, among other measures, for the development and updating of legislation for the protection of children, and the reinforcement and development of enforcement mechanisms for the legislation that is in force.

The Committee notes the Government’s indications that a series of actions have been implemented in the framework of the NPA, including: the holding of a national conference on children; the design and operationalization of the monitoring and evaluation system for the NPA; the organization of workshops to promote the rights of the child; and awareness-raising activities concerning the rights of the child. However, the Committee notes that, in its concluding observations of 18 July 2012, the Committee on the Rights of the Child expressed its concern at the lack of specific budgetary allocations for the implementation of the NPA and the weak technical capacity of the system for the monitoring and evaluation of the NPA (CRC/C/DZA/CO/3-4, paragraph 15). The Committee urges the Government to reinforce its efforts to combat child labour and to provide information on the progress achieved in this respect. It once again requests the Government to provide detailed information on the impact of the NPA, and of any other measures, on the elimination of work by children under 16 years of age.

Article 2(1). Scope of application and application of the Convention in practice. In its previous comments, the Committee noted that Act No. 90-11 respecting conditions of work of 21 April 1990 does not apply to employment relations which are not governed by a contract, such as work done by children on their own account. The Committee also noted that the provisions of Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce regulate the possibility for emancipated minors of either sex, aged 18 or above, to engage in a commercial activity in the formal economy. However, they do not regulate all the economic activities that a child under 16 years of age may carry on in the informal economy or on her or his own account and which are covered by the Convention, for example in agriculture and domestic work, where the economic exploitation of children is more frequent. In this regard, the Committee noted previously that around 300,000 children aged under 16 years of age are engaged in work in Algeria.

The Committee notes the Government’s indications that, during the first quarter of 2012, of the 12,227 establishments inspected by the labour inspection services, only 14 workers (of the 93,794 workers inspected) were under 16 years of age. In these cases, violation reports were issued, which have been referred to the competent courts for prosecution. In 2013, labour inspectors issued 17 violation reports for failure to comply with the statutory age for the employment of 90 children who had not reached the statutory minimum age for admission to employment or work. However, the Committee notes that, in its concluding observations of 18 July 2012 (CRC/C/DZA/CO/3-4, paragraph 15), the Committee on the Rights of the Child expressed concern that policy-makers often use unreliable national data to assess the situation of vulnerable children and to formulate policies to address the problems of children, especially those working in the informal economy (paragraph 21) and the fact that the minimum age for admission to employment is not fully applied in Algeria for children working in the informal economy (paragraph 71).

The Committee once again notes with regret that the Government’s report is silent on the issue of children working on their own account or in the informal economy, and on the manner in which the Government intends to protect them so that they benefit from the protection afforded by the Convention. The Committee therefore once again urges the Government to take the necessary measures to strengthen and adapt the labour inspection services with a view to ensuring that the protection afforded by the Convention is guaranteed for children who work on their own account or in the informal economy. In this respect, it urges the Government to take the necessary measures to ensure the availability of data on the number and nature of the violations involving children under 16 years of age who work on their own account or in the informal sector, and to provide this information in its next report.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of these types of work. With regard to the adoption of a list of hazardous types of work, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

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

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, in the context of a project on the National Strategy for Children, the administrative department responsible for the family had organized a strategic planning workshop on the protection of children in February 2007 in collaboration with UNICEF, following which recommendations were formulated on child protection. The Committee also noted that the Government had launched a Bill on the protection of children and requested it to provide a copy once it had been adopted.

The Committee takes due note that a National Plan of Action for Children in Algeria was formulated under the aegis of the ministry responsible for the family and the situation of women, with the participation of the national institutions concerned (20 ministerial departments, ten national institutions), civil society, an advisory group of children and young persons, and UNICEF. This Plan of Action, officially launched on 25 December 2008 under the heading “Algeria worthy of children”, is to be implemented over the period 2008–15 and covers four main areas, namely: (1) the rights of the child; (2) the promotion of a healthy life and a better existence; (3) the quality of education; and (4) the protection of the child. The Committee notes, among other aspects, that the fourth field of action relating to the protection of the child, includes a section on child labour. In this respect, the Plan of Action calls for the development and updating of the legislation on the protection of the child, as well as the strengthening and development of mechanisms for the application of the legislation that is in force. However, the Committee notes that in its concluding observations of 7 June 2010, the Committee on Economic, Social and Cultural Rights expressed its concern about the high rate of child labour in Algeria “with estimates of approximately 300,000 children under 16 years of age who are working” (E/C.12/DZA/CO/4, paragraph 17). Furthermore, the Committee notes that the Government still does not appear to have adopted the Act on the protection of children, which it initiated in 2007. The Committee urges the Government to take the necessary measures for the adoption of the Act on the protection of children and to provide a copy once it has been adopted. It also strongly encourages the Government to renew its efforts to combat child labour. In this respect, it requests the Government to provide detailed information on the impact of the Plan of Action on the elimination of work by children under 16 years of age.

Article 2(1) and Part V of the report form. Scope of application and effect given to the Convention in practice. In its previous comments, the Committee noted that Act No. 90-11 respecting conditions of work of 21 April 1990 does not apply to employment relations which are not governed by a contract, such as work done by children on their own account, since persons working on their own account are covered by other regulations, which determine the minimum age of admission to non-wage work. In this respect, the Government indicated that, by virtue of section 40 of Ordinance No. 75-58 of 26 September 1975 issuing the Civil Code, the age of majority is 19 years, and that section 5 of Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce provides that any emancipated minor of either sex, aged 18 or above, who wishes to engage in a commercial activity, may not commence commercial operations or be considered of majority age with regard to any commitments she/he enters into for commercial purposes, unless the said minor has received prior authorization from her/his father or mother or, in the absence of the father and mother, through a decision of the family council approved by a court of law. The Government added that, under section 5 of the Code of Commerce, regulations respecting admission to employment are of a general nature and apply to all forms of employment, whether waged or own account. The Committee noted that the provisions of the Code of Commerce regulate the possibility for emancipated minors of either sex, aged 18 or above, to engage in a commercial activity in the formal economy. The Committee however observed that the provisions of the Code of Commerce do not regulate all the economic activities that a child under 16 years of age may carry on in the informal economy or on her or his own account and which are covered by the Convention, for example in the agricultural and domestic sectors, where the economic exploitation of children is more frequent.

The Committee notes the Government’s indication that in 2009, the labour inspectorate filed reports of 21 violations relating to the employment of 49 children under the age for admission to work (16 years). However, the Committee notes with regret that the Government’s report is silent on the issue of children working on their own account or in the informal economy, and on the application of section 5 of the Code of Commerce. The Committee therefore urges the Government to take the necessary measures to strengthen and adapt the labour inspection services with a view to ensuring that the protection afforded by the Convention is guaranteed for children who work on their own account or the informal economy. In this respect, it requests the Government to provide information on the number and nature of violations involving children under 16 years of age who work on their own account or in the informal economy.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted that a revision of the national labour legislation was in progress and that the question of prohibiting the employment of persons under 18 years of age in hazardous types of work would be taken into account. It noted that a list of prohibited types of work was to be established by regulation. The Committee also noted the Government’s indication that the adoption of specific provisions that would clarify any ambiguity on these matters was envisaged in the future Labour Code.

The Committee once again recalls that Article 3(2) of the Convention envisages that hazardous types of employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. Recalling that it has been raising this matter for several years, and noting the absence of information in the Government’s report, the Committee urges the Government to take the necessary measures for the adoption of the relevant legislation respecting the types of hazardous work prohibited for children. It also requests the Government to take the necessary steps to ensure that the revision of the Labour Code is completed in the near future and that provisions giving full effect to Article 3(1) and (2) of the Convention are adopted as soon as possible. In this respect, it expresses the firm hope that these provisions will ensure that the minimum age for admission to all hazardous types of employment or work is not lower than 18 years and these types of employment or work are determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information in this respect in its next report.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, in the context of the project on the national strategy for children, the administration responsible for the family had organized a strategic planning workshop for the protection of children in February 2007 in collaboration with UNICEF. Following the workshop, recommendations for the protection of children were formulated for the period between 2007 and 2015. The Committee also noted that the Government had initiated a Bill on the protection of children. It requested the Government to provide information on the implementation of the recommendations and on the results achieved, and asked the Government to provide a copy of the Act on the protection of children once it had been adopted. The Committee notes the Government’s indication that the evaluation by the Follow-up and Evaluation Committee of the National Plan of Action for the Protection and Development of Children will be provided later. The Committee hopes that the Government will be in a position to provide with its next report the evaluation by the Follow-up Committee of the effect given to the recommendations made following the strategic planning workshop for the protection of children held in February 2007, and on the results achieved in terms of the progressive abolition of child labour. The Committee requests the Government to provide a copy of the Act on the protection of children once it has been adopted.

Article 2, paragraph 1. Scope of Application. The Committee noted previously that Act No. 90-11 respecting conditions of work of 21 April 1990 does not apply to employment relations which are not governed by a contract, such as work done by children on their own account. According to the Government, the Act does not apply to persons working on their own account, who are covered by other regulations which determine the minimum age for admission to non-wage work. In this respect, the Government indicates that section 5 of Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce (Code of Commerce) provides that any emancipated minor of either sex, aged 18 or above, who wishes to engage in commercial activity, may not commence commercial operations or be considered of majority age with regard to any commitments she/he enters into for commercial purposes unless the said minor has received prior authorization from her/his father or mother or, in the absence of a father and mother, through a decision of the family council approved by a court of law. The Government added that, under this provision, regulations respecting admission to employment are of a general nature and apply to all forms of employment, whether waged or own account. The Committee noted that this provision of the Code of Commerce concerns emancipated minors of either sex, aged 18 or above, who wish to engage in a commercial activity. The situation to which the Committee referred concerns children under 18 years of age covered by the Convention who are engaged in an economic activity outside an employment relationship in the informal economy or on their own account. The Committee requested the Government to take the necessary measures to ensure that the protection afforded by the Convention is applied to children who are engaged in economic activity on their own account.

In its report, the Government indicates that, with regard to the age for admission to non-wage work, Algerian law prohibits access to employment for young persons under 18 years of age. In this respect, it refers once again to section 5 of the Code of Commerce, which provides that any emancipated minor of either sex, aged 18 or over, who wishes to engage in commercial activity, may not commence commercial operations or be considered of majority age with regard to the commitments entered into for commercial purposes unless the said person has received prior authorization from her/his father or mother or, in the absence of a father and mother, through a decision of the family council approved by a court of law. The Committee notes that commercial activities are defined in sections 2 and 3 of the Code of Commerce. Under the terms of section 2 of the Code, commercial activities include any purchase of movables for resale, either in their present state or after having worked or processed them. The Committee notes that these provisions of the Code of Commerce regulate the possibility for emancipated minors of either sex, aged 18 or above, to engage in a commercial activity in the formal economy. The Committee accordingly understands that work performed by a minor who is not emancipated on her or his own account or in the informal economy, for example as a small trader, is prohibited by the Code of Commerce. However, it notes that these provisions of the Code of Commerce do not regulate all the economic activities that a child under 16 years of age may carry on in the informal economy or on her or his own account and which are covered by the Convention, for example in the agricultural and domestic sectors. In this respect, the Committee notes that the Committee on the Rights of the Child, in its concluding observations to the Government’s second periodic report of October 2005 (CRC/C/15/Add.269, paragraph 74), noted with concern that the minimum age for admission to employment (16 years) does not apply to children working in the informal economy (for example, agriculture and domestic service). The Committee on the Rights of the Child recommended the Government to take effective measures to prohibit the economic exploitation of children, particularly in the informal economy, where their exploitation is more prevalent.

The Committee therefore requests the Government to provide information on the application in practice of section 5 of the Code of Commerce, with an indication of the manner in which the application of this provision is supervised. The Committee also requests the Government to provide information on the manner in which children who are not bound by a subordinate employment relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged by the Convention. In this respect, it would be grateful if the Government would envisage the possibility of adopting measures to adapt and strengthen the labour inspection services so as to ensure such protection.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the information provided by the Government that a revision of the national labour legislation is in progress and that the issue of prohibiting the engagement of persons under 18 years of age in hazardous type of work will be taken into account. It also noted the Government’s indication that a list of prohibited types of work would be established by regulation. The Committee notes the Government’s indication that specific provisions such as to clarify any ambiguity on these matters are envisaged in the future Labour Code. The Committee expresses the firm hope that the revision of the Labour Code will be completed in the near future and that provisions giving full effect to Article 3, paragraphs 1 and 2, of the Convention, namely that the minimum age for admission to any type of hazardous employment or work shall not be under 18 years of age and that a list of these types of employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, will be adopted in the very near future. It requests the Government to provide information on any development in this respect.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the information provided by the Government that the labour inspection services drew up 184 notifications covering a total of 210 offences in 2006 and 2007. Of these, 77 were investigated by the competent jurisdictions and gave rise to penalties. The Committee requests the Government to provide information on the penalties imposed by the competent jurisdictions following these prosecutions. It also requests the Government to continue providing information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and details on the number and nature of the contraventions reported, and on the penalties imposed.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information supplied by the Government in its report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy. Referring to its previous comments, the Committee takes due note of the Government’s information on the measures which it has taken since 2003 concerning child labour, particularly activities to raise public awareness of the problem. The Committee also notes that, in the context of the draft national strategy on children’s affairs, the administration responsible for family matters organized a strategic planning workshop on child protection in February 2007 in collaboration with UNICEF and that, following the workshop, recommendations on child protection have been formulated for the 2007–15 period. Moreover, it notes that the Government has initiated a draft act on child protection. The Committee asks the Government to supply information on the implementation of recommendations taken further to the strategic planning workshop on child protection held in February 2007 and also on the results obtained in terms of the progressive abolition of child labour. It also asks it to send a copy of the act on child protection once it is adopted.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that section 1 of Act No. 90-11 of 21 April 1990 concerning conditions of work governs individual and collective employment relations between salaried employees and employers. It noted that the terms of this provision of Act No. 90-11 do not apply to employment relations which are not governed by a contract, such as work done by children on their own account. The Committee also noted the Government’s statement that Act No. 90-11 of 21 April 1990 does not apply to self-employed persons, as they are governed by other regulations which determine the minimum age for admission to non-wage work. The Committee therefore requested the Government to send copies of these regulations.

In its report, the Government indicates that section 5 of Order No. 75-59 of 26 September 1975 concerning the Commercial Code provides that any emancipated minor of either sex, aged 18 or above, who wishes to engage in commercial activity may not commence commercial operations or be considered of majority age with regard to commitments he enters into for commercial purposes if he has not received prior authorization from his father or mother or, failing that, through an official statement from the family council approved by a court of law. The Government also indicates that, according to this provision, regulations concerning admission to employment are of a general nature and apply to all forms of employment, whether waged or on one’s own account.

The Committee notes that this provision of the Commercial Code concerns emancipated minors of either sex, aged 18 or above, who wish to engage in a commercial activity, whereas the situation to which the Committee refers concerns children under 18 years of age covered by the Convention who are engaged in economic activity outside an employment relationship in the informal sector or on their own account. It therefore again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, whether or not a contractual employment relationship exists and whether or not the work is paid. The Committee therefore urges the Government to take the necessary measures to ensure that the protection afforded by the Convention is applied to children who are engaged in economic activity on their own account. It asks the Government to supply information in this respect.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of these types of work. Referring to its previous comments, the Committee notes the Government’s information that revision of the national labour legislation is in progress and that the issue of persons under 18 years of age being prohibited from employment in hazardous work will be taken into account. It also notes the Government’s information that a list of types of prohibited work will be established by means of regulation. In this respect, the Committee reminds the Government that Article 3, paragraph 2, of the Convention provides that, when types of hazardous work are being determined, the employers’ and workers’ organizations concerned must be consulted. The Committee hopes that the revision of the national legislation will be completed soon and that provisions giving full effect to Article 3, paragraphs 1 and 2, of the Convention will be adopted as soon as possible. It asks the Government to supply information on all further developments in this respect.

Part V of the report form. Application of the Convention in practice. The Committee notes the statistical information sent by the Government, particularly concerning the number of violations reported concerning non-compliance with the legal age for admission to employment (106) and concerning the absence of authorization from the father or legal guardian in the case of working minors (82). The Committee asks the Government to supply information on the penalties imposed by the competent courts further to the reported violations. It also asks the Government to continue to supply information on the way in which the Convention is applied in practice, by providing, for example, statistical data concerning the employment of children and young people, extracts of reports from the inspection services and details of the number and nature of violations recorded and penalties imposed.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

Article 1 of the Convention. In its previous comments, the Committee noted the Order of 24 July 1999 creating, within the Ministry of National Solidarity and the Family, a committee to follow-up and evaluate the National Plan of Action for the protection and development of children. Section 2 of the Order provides that the committee is responsible for “contributing to defining the elements for the determination of the national policy on childhood”. The Committee requested the Government to provide information on the activities of the above committee. The Committee notes that the Government’s report does not contain a reply to this comment. It therefore once again requests the Government to provide information on the work undertaken by the above committee, particularly with regard to the measures adopted or envisaged for the determination of the national policy on childhood, as well as any other information related to the national policy to ensure the effective abolition of child labour.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that, under the terms of section 1, Act No. 90-11 of 21 April 1990 respecting working conditions governs individual and collective employment relations between salaried employees and employers. The Committee noted that, under the terms of this provision, Act No. 90-11 does not apply to labour relations which do not derive from a contract, such as work by young persons on their own account. The Committee notes that, in its latest report, the Government once again indicates that the minimum age for recruitment is 16 years in all economic sectors, both private and public. However, in its previous comments, the Committee noted the information provided by the Government that Act No. 90-11 of 21 April 1990 does not apply to persons working on their own account, who are governed by other regulations, which determine the minimum age for admission to non-wage work. The Committee reminds the Government once again that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. The Committee once again requests the Government to provide copies of the texts regulating the minimum age for admission to non-wage work, such as work by young persons on their own account.

Article 3, paragraph 1. Minimum age for admission to types of hazardous work. In its previous comments, the Committee noted that section 15(3) of Act No. 90-11 of 21 April 1990 provides that minor workers may not be employed in work that is hazardous, unhealthy or harmful to their health or prejudicial to their morals. The Committee noted that the national legislation does not contain a precise definition of the term “minor worker”. The Committee requested the Government to indicate the meaning of the expression “minor worker” as contained in section 15(3) of the Act. The Committee notes that the Government’s report does not contain any reply on this subject. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to types of hazardous work, that is 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 morals of young persons, shall not be less than 18 years. It once again requests the Government to indicate the meaning of the expression “minor worker” as contained in Act No. 90-11 of 21 April 1990.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee noted that section 28 of Act No. 90‑11 prohibits the employment of workers under 19 years of age in night work. It noted that the national legislation does not appear to determine other activities that are of a hazardous nature. In its report, the Government indicates that Act No. 88‑07 respecting occupational health, safety and medicine provides in section 11 that the employer shall ensure that work assigned to women, minor workers and workers with disabilities does not require efforts in excess of their strength. While noting this information, the Committee recalls that Article 3, paragraph 2, of the Convention provides that the types of employment or work which are hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore once again requests the Government to indicate whether such a list has been established, after consultation with the organizations of employers and workers, and, if so, to provide a copy.

Part V of the report form. The Committee notes the information provided by the Government that the courts have not handed down any decisions relating to the implementation of the provisions of the Convention. However, it notes the Government’s indication that inspections by labour inspectors have sometimes found the employment of workers under 16 years of age, particularly in commerce and services. In this respect, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of contraventions reported, and on the penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the very brief information provided by the Government in its report.

Article 1 of the Convention. In its previous comments, the Committee noted the Order of 24 July 1999 creating, within the Ministry of National Solidarity and the Family, a committee to follow-up and evaluate the National Plan of Action for the protection and development of children. Section 2 of the Order provides that the committee is responsible for "contributing to defining the elements for the determination of the national policy on childhood". The Committee requested the Government to provide information on the activities of the above committee. The Committee notes that the Government’s report does not contain a reply to this comment. It therefore once again requests the Government to provide information on the work undertaken by the above committee, particularly with regard to the measures adopted or envisaged for the determination of the national policy on childhood, as well as any other information related to the national policy to ensure the effective abolition of child labour.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that, under the terms of section 1, Act No. 90-11 of 21 April 1990 respecting working conditions governs individual and collective employment relations between salaried employees and employers. The Committee noted that, under the terms of this provision, Act No. 90-11 does not apply to labour relations which do not derive from a contract, such as work by young persons on their own account. The Committee notes that, in its latest report, the Government once again indicates that the minimum age for recruitment is 16 years in all economic sectors, both private and public. However, in its previous comments, the Committee noted the information provided by the Government that Act No. 90-11 of 21 April 1990 does not apply to persons working on their own account, who are governed by other regulations, which determine the minimum age for admission to non-wage work. The Committee reminds the Government once again that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. The Committee once again requests the Government to provide copies of the texts regulating the minimum age for admission to non-wage work, such as work by young persons on their own account.

Article 3, paragraph 1. Minimum age for admission to types of hazardous work. In its previous comments, the Committee noted that section 15(3) of Act No. 90-11 of 21 April 1990 provides that minor workers may not be employed in work that is hazardous, unhealthy or harmful to their health or prejudicial to their morals. The Committee noted that the national legislation does not contain a precise definition of the term "minor worker". The Committee requested the Government to indicate the meaning of the expression "minor worker" as contained in section 15(3) of the Act. The Committee notes that the Government’s report does not contain any reply on this subject. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to types of hazardous work, that is 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 morals of young persons, shall not be less than 18 years. It once again requests the Government to indicate the meaning of the expression "minor worker" as contained in Act No. 90-11 of 21 April 1990.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee noted that section 28 of Act No. 90-11 prohibits the employment of workers under 19 years of age in night work. It noted that the national legislation does not appear to determine other activities that are of a hazardous nature. In its report, the Government indicates that Act No. 88-07 respecting occupational health, safety and medicine provides in section 11 that the employer shall ensure that work assigned to women, minor workers and workers with disabilities does not require efforts in excess of their strength. While noting this information, the Committee recalls that Article 3, paragraph 2, of the Convention provides that the types of employment or work which are hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore once again requests the Government to indicate whether such a list has been established, after consultation with the organizations of employers and workers, and, if so, to provide a copy.

Part V of the report form. The Committee notes the information provided by the Government that the courts have not handed down any decisions relating to the implementation of the provisions of the Convention. However, it notes the Government’s indication that inspections by labour inspectors have sometimes found the employment of workers under 16 years of age, particularly in commerce and services. In this respect, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of contraventions reported, and on the penalties imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention. The Committee notes the Order of 24 July 1999 creating, within the Ministry of National Solidarity and the Family, a committee to follow up and evaluate the National Plan of Action for the Protection and Development of Children. Section 2 of the Order provides that the committee is responsible for "contributing to defining the elements for the determination of the national policy on childhood". The Committee requests the Government to provide information on the activities of the above committee, particularly with regard to the measures adopted or envisaged for the determination of the national policy on childhood, as well as any other information related to the national policy for the effective abolition of child labour.

Article 2, paragraph 1. Self-employed children. The Committee notes that Act No. 90-11 of 21 April 1990 respecting working conditions, in accordance with section 1, governs individual and collective employment relations between salaried employees and employers. The Committee notes that under the terms of this provision, Act No. 90-11 does not apply to employment relations which do not derive from a contract, such as self-employment. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual employment relationship and whether or not the work is remunerated. It notes that in its last report the Government indicates that the minimum age for recruitment is 16 years in all economic and industrial sectors. However, in its previous comments, the Committee noted the information provided by the Government to the effect that Act No. 90-11 of 21 April 1990 does not apply to self-employed persons, who are governed by other regulations which determine the minimum age for admission to non-wage work. The Committee once again requests the Government to provide copies of the texts regulating the minimum age for admission to non-wage work, such as self-employment.

In its previous comments, the Committee noted that section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except where exceptional derogations are granted by the Minister of Labour and Social Affairs for certain temporary jobs of a specified duration. The Committee notes that the Ordinance of 29 April 1975 was repealed by section 157 of Act No. 90-11 of 21 April 1990 respecting working conditions.

Article 3. 1. Minimum age for hazardous work. The Committee notes that section 15(1) of Act No. 90-11 of 21 April 1990 provides that the minimum age required for recruitment may not in any case be lower than 16 years. It also notes that section 15(3) provides that "minor workers may not be employed in work that is hazardous, unhealthy, harmful to their health or prejudicial to their morals". The Committee notes that the national legislation does not contain a precise definition of "minor worker". The Committee requests the Government to indicate the meaning of the expression "minor worker" as contained in section 15(3) of the above Act.

2. Determination of hazardous types of work. The Committee notes the information provided by the Government in its report to the effect that section 28 of Act No. 90-11 prohibits the employment of workers under 19 years of age in night work. It notes that the national legislation does not appear to determine other activities that are of a hazardous nature. The Committee recalls that Article 3, paragraph 2, of the Convention provides that the types of employment or work that are hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to indicate whether such a list has been established, after consultation with the organizations of employers and workers, and if so to provide a copy.

Article 8. The Committee notes the information provided by the Government in its report that the representatives of the arts have organized a series of meetings with the Ministry of Culture to formulate specific rules covering the particular aspects of activities relating to artistic performances. The Committee recalls that Article 8 of the Convention allows for the participation of young persons under the minimum age specified in activities such as artistic performances under certain conditions (limitation of the hours of work and determination of the conditions in which employment or work is allowed) and by means of permits granted in individual cases by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee would be grateful if the Government would provide copies of the provisions which allow the participation of young persons under 16 years of age in activities such as artistic performances, once they have been adopted.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including, for example, 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 the contraventions reported.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted the information and legislative texts provided by the Government in its report. It noted with interest the adoption of Decree No. 96-98 of 6 March 1996 determining the list and content of the special books and registers which must be kept by employers, sections 2 and 5 of which make it compulsory for employers to record on staff registers the name and date of birth of the worker (Article 9, paragraph 3, of the Convention).

  Article 2, paragraph 1. The Committee noted the Government’s statement in its report to the effect that the minimum age for admission to non-salaried work, including employment or work carried on by a child on her or his own account, is determined by regulations other than Act No. 90-11 of 21 April 1990. It requested the Government to indicate the regulations and provisions which establish the minimum age for admission to non-salaried work and to transmit copies of them.

The Committee noted the information supplied by the Government in its report submitted to the United Nations Committee on the Rights of the Child, according to which section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except in cases in which exceptional exemptions are authorized by the Minister of Labour and Social Affairs for certain temporary jobs of a fixed duration (paragraph 7(e) of document CRC/C/28/Add.4). The Committee requests the Government to provide information on the application in practice of the exemptions referred to in this provision.

  Article 8. The Committee noted the Government’s statement that no particular provision had been adopted to determine the minimum age of artists and actors under section 4 of Act No. 90-11. It hopes that these specific provisions will be adopted as soon as possible and will give effect to Article 8 of the Convention, which permits the participation of children under 16 years of age in activities such as artistic performances under certain conditions (limitation of the number of hours of the performance and the prescription of the conditions of employment), by means of permits granted in individual cases, after consultation with the organizations of employers and workers concerned. It requests the Government to continue providing information on any progress achieved in this respect.

  Part V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information and legislative texts provided by the Government in its report. It notes with interest the adoption of Decree No. 96-98 of 6 March 1996 determining the list and content of the special books and registers which must be kept by employers, sections 2 and 5 of which make it compulsory for employers to record on staff registers the name and date of birth of the worker (Article 9, paragraph 3, of the Convention).

  Article 2, paragraph 1.  The Committee notes the Government’s statement in its report to the effect that the minimum age for admission to non-salaried work, including employment or work carried on by a child on her or his own account, is determined by regulations other than Act No. 90-11 of 21 April 1990. It requests the Government to indicate the regulations and provisions which establish the minimum age for admission to non-salaried work and to transmit copies of them.

The Committee notes the information supplied by the Government in its report submitted to the United Nations Committee on the Rights of the Child, according to which section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except in cases in which exceptional exemptions are authorized by the Minister of Labour and Social Affairs for certain temporary jobs of a fixed duration (paragraph 7(e) of document CRC/C/28/Add.4). The Committee requests the Government to provide information on the application in practice of the exemptions referred to in this provision.

  Article 8.  The Committee notes the Government’s statement that no particular provision has been adopted to determine the minimum age of artists and actors under section 4 of Act No. 90-11. It hopes that these specific provisions will be adopted as soon as possible and will give effect to Article 8 of the Convention, which permits the participation of children under 16 years of age in activities such as artistic performances under certain conditions (limitation of the number of hours of the performance and the prescription of the conditions of employment), by means of permits granted in individual cases, after consultation with the organizations of employers and workers concerned. It requests the Government to continue providing information on any progress achieved in this respect.

  Point V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information and legislative texts provided by the Government in its report. It notes with interest the adoption of Decree No. 96-98 of 6 March 1996 determining the list and content of the special books and registers which must be kept by employers, sections 2 and 5 of which make it compulsory for employers to record on staff registers the name and date of birth of the worker (Article 9, paragraph 3, of the Convention).

Article 2, paragraph 1. The Committee notes the Government's statement in its report to the effect that the minimum age for admission to non-salaried work, including employment or work carried on by a child on her or his own account, is determined by regulations other than Act No. 90-11 of 21 April 1990. It requests the Government to indicate the regulations and provisions which establish the minimum age for admission to non-salaried work and to transmit copies of them.

The Committee notes the information supplied by the Government in its report submitted to the United Nations Committee on the Rights of the Child, according to which section 182 of Ordinance No. 75-31 of 29 April 1975 respecting the general conditions of work in the private sector prohibits any employment of young persons under 16 years of age, except in cases in which exceptional exemptions are authorized by the Minister of Labour and Social Affairs for certain temporary jobs of a fixed duration (paragraph 7(e) of document CRC/C/28/Add.4). The Committee requests the Government to provide information on the application in practice of the exemptions referred to in this provision.

Article 8. The Committee notes the Government's statement that no particular provision has been adopted to determine the minimum age of artists and actors under section 4 of Act No. 90-11. It hopes that these specific provisions will be adopted as soon as possible and will give effect to Article 8 of the Convention, which permits the participation of children under 16 years of age in activities such as artistic performances under certain conditions (limitation of the number of hours of the performance and the prescription of the conditions of employment), by means of permits granted in individual cases, after consultation with the organizations of employers and workers concerned. It requests the Government to continue providing information on any progress achieved in this respect.

Point V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice, including, for instance, statistics on the number of children and young persons who work, extracts of the reports of the inspection services and the contraventions reported.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. With reference to its previous comments on the application of Article 2 of the Convention, the Committee takes due note of the provisions of section 15 of Act No. 90-11 of 21 April 1990 respecting labour relations, which also applies in the agricultural sector, under which the minimum age for hiring a person for employment can in no circumstances be lower than 15 years.

The Committee recalls that the Convention covers not only employment or work performed in the context of a contractual relationship, but also employment or work done on their own account by the persons concerned. It asks the Government to indicate the measures taken or contemplated to establish a minimum age for admission to non-wage-earning work.

2. The Committee notes that section 4 of Act No. 90-11 referred to above, specifies that special provisions shall be made in regulations to define the specific system of employment relationships relating to actors and show people. The Committee hopes that these specific provisions will give effect to Article 8 of the Convention which, in individual cases, allows children under the age of 16 to participate in activities such as artistic performances under certain conditions (limitation of the number of hours of such work and fixing the conditions of employment), after consultation with the organizations of employers and workers concerned. It asks the Government to report on any progress made in this respect.

3. The Committee notes that section 156 of Act No. 90-11 referred to above specifies that the specific books and registers to be kept by all employers, as well as their content, shall be prescribed by regulations. It hopes that the regulations adopted under the above-mentioned section will also require such books and registers to indicate the names, ages or dates of birth of persons under the age of 18 employed or working in the enterprise, in accordance with the provisions of Article 9, paragraph 3, of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the Government's report.

1. With reference to its previous comments on the application of Article 2 of the Convention, the Committee takes due note of the provisions of section 15 of Act No. 90-11 of 21 April 1990 respecting labour relations, which also applies in the agricultural sector, under which the minimum age for hiring a person for employment can in no circumstances be lower than 15 years.

The Committee recalls that the Convention covers not only employment or work performed in the context of a contractual relationship, but also employment or work done on their own account by the persons concerned. It asks the Government to indicate the measures taken or contemplated to establish a minimum age for admission to non-wage-earning work.

2. The Committee notes that section 4 of Act No. 90-11 referred to above, specifies that special provisions shall be made in regulations to define the specific system of employment relationships relating to actors and show people. The Committee hopes that these specific provisions will give effect to Article 8 of the Convention which, in individual cases, allows children under the age of 16 to participate in activities such as artistic performances under certain conditions (limitation of the number of hours of such work and fixing the conditions of employment), after consultation with the organizations of employers and workers concerned. It asks the Government to report on any progress made in this respect.

3. The Committee notes that section 156 of Act No. 90-11 referred to above specifies that the specific books and registers to be kept by all employers, as well as their content, shall be prescribed by regulations. It hopes that the regulations adopted under the above-mentioned section will also require such books and registers to indicate the names, ages or dates of birth of persons under the age of 18 employed or working in the enterprise, in accordance with the provisions of Article 9, paragraph 3, of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the adoption of Act No. 90-11 of 21 April 1990 concerning working conditions.

Article 2, paragraph 1, of the Convention. With reference to previous comments concerning the scope of the Convention, which covers all types of employment or work including work done on their own account by those concerned, the Committee asks the Government to state how compliance with the minimum age in non-wage-earning agricultural work is ensured.

Article 8. The Committee notes that, under section 4 of the aforementioned Act No. 90-11, the specific rules governing labour relations in the case of artists and actors in particular are to be laid down in particular provisions adopted by regulation. The Committee hopes that these particular provisions will give effect to the Convention which allows, in individual cases, the participation of children under 16 years of age in such activities as artistic performances under certain conditions (limitation of the duration in hours and fixing of the conditions of the employment) and after consultation with the organisations of employers and workers.

Article 9, paragraph 3. The Committee notes that, under section 156 of the aforementioned Act No. 90-11, the special books and registers and the content thereof are determined by regulations for every employer. The Committee hopes that the regulations adopted pursuant to section 156 of Act No. 90-11 will provide that such books and registers shall state the name and age or date of birth of persons under 18 years of age employed or working in the undertaking.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in reply to its previous comments and wishes to point out the following:

Article 2, paragraph 1, of the Convention. The Committee noted that section 44 of Act No. 78-12 of 5 August 1978 to make general provision for workers' conditions of employment, taken in conjunction with section 51 of the same Act, which establishes a minimum age of 16 years for any recruitment within the context of an employment relationship (in the same way as section 9 of Act No. 82-06 of 27 February 1982 respecting individual employment relationships) are not sufficient to give full effect to the above provision of the Convention, which covers all forms of employment or work, including that performed by self-employed workers. It therefore requested the Government to indicate how effect is given to the Convention on this point, particularly since the above legislative texts do not cover self-employed workers. The Government indicates in reply that no young person can set up on their own account, irrespective of the activity they have chosen, if they have not reached their majority in civil law and that, by virtue of Ordinance No. 75-59 of 29 September 1975 issuing the Code of Commerce, the minimum age that is set for establishing a commerce is 18 years. The Committee notes this information and requests the Government to supply details (including the relevant legislative texts) on how the minimum age of 16 years, set for the application of the Convention, is also observed in the agricultural sector.

Article 3, paragraphs 1 and 2. The Committee notes that the Government's report does not contain information on the adoption of the Ministerial Order provided for under section 14 of the above Act No. 82-06, which was to establish a list of the jobs or workplaces prohibited for young persons as being dangerous, unsafe and liable to jeopardise their health and morals. The Committee is therefore bound to come back to this question and hopes, once again, that the above Order will be adopted in the near future and that it will give full effect to the above provisions of the Convention, which prohibit the employment or work of young persons under 18 years of age in work that is likely to jeopardise their health, safety or morals. Please report the progress achieved in this respect.

Article 8. The Committee once again requests the Government to indicate: (a) how and by virtue of which provisions children of less than 16 years of age are given authorisation to participate in activities such as artistic performances; and (b) the conditions under which they so participate, since the Government's report contains no information on the progress achieved in the adoption of the specific conditions of service of cultural workers, to which it referred in its previous report. These conditions of service should give effect to the above provision of the Convention which authorises, in individual cases, participation in such activities, but under certain conditions and after consultation with the organisations of employers and workers concerned.

Article 9, paragraph 3. The Committee requested the Government to indicate the legal provisions under which employers are required to keep and make available registers of young persons of less than 18 years of age whom they employ or who work for them, in accordance with the above provision of the Convention. In its previous report, the Government indicated that national laws and regulations in effect provide for such registers to be kept without, however, specifying the regulations or supplying models of the registers, as required by the report form on this Convention. In its last report, the Government indicates that a model of the above registers has been requested from the competent services and will be transmitted to the ILO as soon as it is received. The Committee is therefore bound to come back to this matter and requests the Government to indicate at the same time the laws or regulations which give effect to Article 9, paragraph 3, of the Convention.