Minimum Age Convention, 1973 (No. 138) - Angola (Ratification: 2001)

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that many children under the minimum age for admission to employment or work are employed in Angola, mainly on family farms and in the informal economy, where their work is not monitored. The Committee requested the Government to intensify its efforts to combat child labour and to develop a national policy for the effective elimination of child labour and to provide information on the measures taken in this regard.

The Committee notes that the Government has not provided any information in its report on this point. The Committee notes that according to the United Nations Sustainable Development Cooperation Framework, 2020-2022 document, 40 percent of children between the ages of 6 and 11 are not at school. The Committee also notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 2018 expressed concern that child labour is highly prevalent in the country, especially in the rural areas (CRC/C/AGO/CO/5-7, paragraph 35). The Committee further notes from the Draft Report of the Human Rights Council Working Group on the Universal Periodic Review of November 2019 that a National Plan of Action for the Elimination of Child Labour was in the process of being adopted (A/HRC/WG.6/34/L.8, paragraph 87). The Committee requests the Government to provide information on the adoption of the National Plan of Action for the elimination of child labour, including the measures taken within its framework to eliminate child labour and the results achieved. It also requests the Government to provide detailed 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 inspection reports, and information on the number and nature of infringements detected involving children and young persons and on the penalties applied.

Article 2(1). 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/2000) applies only to work performed on the basis of an employment relationship between an employer and a worker and does not cover children who work in the informal economy or on their own account while the majority of working children worked in the informal economy. It noted the Government’s information on the measures taken: (i) to raise awareness among enterprises, including in the informal economy, of the legislation prohibiting child labour; and (ii) to reduce the scope of the informal economy through formalization initiatives. It also noted the adoption of Decree No. 115/16 on domestic work which prohibits the employment of young persons under the age of 18 years in domestic work. The Committee encouraged the Government to continue its efforts to protect children from child labour, by ensuring observance of the minimum age for admission to employment or work, including in the informal economy.

The Committee notes that the Government report does not provide any information in this regard. It observes that the General Labour Law No.7 adopted in 2015 also applies only to workers who provide paid services for an employer under his organisation and supervision (section 1). 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 whether or not it is paid. The Committee accordingly requests the Government to take the necessary measures, including through adapting and strengthening the labour inspection services, 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. It requests the Government to provide information on the steps taken in this regard and the results achieved.

2. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that the General Labour Act No. 7/15 of 15 June 2015 excludes family work and casual work from its scope of application (section 2(c) and (d)). It had noted the Government’s information that regulations were being drawn up covering family work and occasional work with a view to guaranteeing protection to these categories of workers.

The Committee notes an absence of information in the Government’s report. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, including family work and occasional work. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is applicable to children working in all sectors, including family work and occasional work. It requests the Government to provide information on any measures taken in this regard, including any progress made with regard to the development of regulations concerning family work and occasional work.

Article 2(3) and (4). Age of completion of compulsory schooling. The Committee had previously noted the adoption of the Basic Act on the Education System of 2016, which provides for compulsory schooling from six to nine years, or up to the age of 14 or 15 years.  Noting an absence of information in the Government’s report, the Committee once again requests the Government to specify which provisions of the Basic Act on the Education System, 2016 provide that the duration of compulsory schooling shall now be nine years. It also requests the Government to provide a copy of the Basic Act on the Education System, 2016. Please also provide information concerning the enrolment and completion rates, and the school dropout rates, in primary and secondary education.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted the adoption of Joint Executive Decree No. 171/10, which contains a list of 57 types of hazardous activities that children under the age of 18 years are prohibited from undertaking.  Noting an absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of Decree No. 171/10, including statistical data on the number and nature of infringements reported and penalties imposed.

Article 9(3). Registers to be kept by the employer. Following its previous comments, the Committee notes the Government’s information that Decree No.155 of 2004 requires enterprises to transmit to the Employment Observatory in the Ministry of Public Administration, Labour and Social Security an organizational chart and a list of the persons who work for them, known as the Inventory or Registry of Workers’ Names. While the Government states that a copy of the Decree is attached, no such decree have been attached with the report. The Committee requests the Government to indicate whether the Registry of Workers’ Names also contains the ages or date of birth of workers under the age of 18 years, as required by Article 9(3) of the Convention. It once again requests the Government to provide a copy of Decree No. 155 of 2004.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that many children under the minimum age for admission to employment or work are employed in Angola, mainly on family farms and in the informal economy, where their work is not monitored.

The Committee notes that the Government’s report does not contain any information relating to its previous requests. The Committee therefore requests once again that the Government intensify its efforts to combat child labour. In this regard, it requests that the Government develop a national policy for the effective elimination of child labour and to provide information on the measures taken in this regard. It also requests that the Government provide detailed 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 inspection reports, and information on the number and nature of infringements detected involving children and young persons and on the penalties applied.

Article 2(1). 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) applies only to work performed on the basis of an employment relationship between an employer and a worker and does not cover children who work in the informal economy or on their own account. The Committee noted in this regard that the majority of working children are in the informal economy. Moreover, the Government previously indicated that in June 2016, it had developed, in collaboration with the labour inspectorate and the social partners, a programme to raise awareness among enterprises, including in the informal economy, of the legislation prohibiting child labour and relating to occupational safety and health. Moreover, the Government indicated that steps had been taken to reduce the scope of the informal economy through formalization initiatives, including the opening of establishments offering vocational training for young persons and mobile vocational training centres, assistance for setting up micro-enterprises and the provision of microloans.

The Committee notes with interest the adoption of Decree No. 115/16 on domestic work and the fact that section 10 prohibits the employment of young persons under the age of 18 years in domestic work. The Committee nevertheless notes that the Government does not provide any information on the other measures taken or contemplated to ensure that children working in the informal economy or on their own account, in activities other than domestic work, enjoy the protection afforded by the Convention. The Committee therefore encourages the Government to continue its efforts to protect children from child labour, by ensuring observance of the minimum age for admission to employment or work, including in the informal economy. In this regard, the Committee also encourages the Government to take steps to adapt and strengthen labour inspection services and provincial monitoring units so as to ensure that the protection afforded by the Convention is enjoyed by children who work on their own account or in the informal economy. The Committee requests that the Government provide information on the measures taken and the results achieved in this regard.

2. Minimum age for admission to employment or work. Family work and casual work. The Committee previously noted that section 2(d) and (e) of Act No. 2/00 excludes family work and casual work from its scope of application. The Committee nevertheless noted that the Government did not intend to avail itself of the possibility, in accordance with Article 4 of the Convention, of excluding these two types of work from the scope of application of the Convention. It noted in this regard that, according to the information provided by the Government, the Government intended to develop an instrument covering family work and casual work in order to protect these categories of workers and to bring the national legislation into conformity with the Convention. The Committee nevertheless noted that the new General Labour Act No. 7/15 of 15 June 2015 also excludes family work and casual work from its scope of application (section 3).  While noting that the Government’s report does not contain any information on this subject, the Committee once again requests the Government to indicate whether legislative instruments have been adopted to regulate family work and casual work, in particular with a view to establishing, in terms of the minimum age for admission to employment, the conditions in which children may perform this type of work. If so, the Committee requests that the Government communicate the texts of these instruments.

Article 2(3) and (4). Age of completion of compulsory schooling. The Committee notes with interest the adoption of the new Basic Act on the Education System of 2016, which increases the duration of compulsory schooling from six to nine years, or up to the age of 14 or 15 years. The Committee requests that the Government specify which provisions of the Act provide that the duration of compulsory schooling shall now be nine years.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted the adoption of Joint Executive Decree No. 171/10, which contains a list of 57 types of hazardous activities that children under the age of 18 years are prohibited from undertaking. The Committee notes the absence of information supplied in this regard and once again requests the Government to provide information on the application in practice of Decree No. 171/10, including statistical data on the number and nature of infringements reported and penalties imposed.

Article 9(3). Registers to be kept by the employer. The Committee previously noted the Government’s indication that, in principle, all enterprises keep a list of the persons who work for them and that labour inspectors may use this register to perform their tasks, in accordance with Decree No. 155/04. Noting that the Government’s report still does not contain any information in this regard, the Committee once again requests that the Government indicate which provisions of the national legislation require employers to keep a list of their employees under the age of 18 years. It also requests that the Government send a copy of Decree No. 155/04.

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

Article 2(1) of the Convention. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that section 2(d) and (e) of Act No. 2/00 excludes family work and occasional work from the Act’s scope of application. However, the Committee also observed that the Government did not intend to avail itself of the possibility, under Article 4 of the Convention, of excluding these two areas of work from the scope of the Convention. In this regard, the Committee noted the Government’s indication that it was preparing regulations covering family work and occasional work with a view to guaranteeing protection to these categories of workers and bringing the national legislation into conformity with the Convention.

The Committee notes that the new General Labour Act No. 7/15 of 15 June 2015 also excludes family work and occasional work from the scope of its application (section 3). Noting the absence of information in the Government’s report, the Committee once again requests that the Government indicate whether any legislative texts have been adopted that regulate family work and occasional work and which determine the conditions of work of children engaged in these types of employment, particularly with regard to the minimum age for admission for employment or work for these categories of workers. If so, it requests that the Government provide a copy of such regulations.

Article 2(3). Compulsory schooling. With regard to compulsory schooling, the Committee requests that the Government refer to its detailed comments under Article 7(2)(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7. Light work. The Committee previously noted that sections 283 and 299 of Act No. 2/00, permitted light work, but did not specify a lower minimum age for such work. It also noted that approximately 26 per cent of children between the ages of 5 and 14 are engaged in economic activity.

The Committee notes with interest that section 255 of the new General Labour Act No. 7/15 permits minors (defined as children between the ages of 14 and 18 (section 3(21)) to perform light work that does not involve great physical effort and which is not likely to harm their health and physical and mental development and which enable them to participate in education or training. It also notes that section 259 of Act No. 7/15 regulates the number of hours and conditions of such work by minors.

Article 9(3). Registers of employment. The Committee previously noted the Government’s indication that, in principle, all enterprises keep a list of the names of persons who work for them. Labour inspectors may discharge their functions on the basis of this register, in accordance with Decree No. 155/04. Noting an absence of information on this point in the Government’s report, the Committee once again requests that the Government indicate the provisions of the national legislation requiring employers to keep a list of the persons below 18 years who work for them. It also requests that the Government provide a copy of Decree No. 155/04.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that many children below the legal minimum age for admission to employment or work in Angola, mainly on family farms and in the informal economy, where their work is not monitored. It also noted the ILO–IPEC was implementing projects, including the Tackling Child Labour through Education (TACKLE) project, to prevent children from being engaged in child labour.

The Committee observes that the Government’s report does not contain any information, as previously requested by the Committee. The Committee once again requests that the Government redouble its efforts to combat child labour. In this regard, it requests that the Government develop a national policy for the effective elimination of child labour and provide information on the measures taken in this regard. The Committee also requests that the Government provide detailed 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 violations detected and penalties applied involving children and young persons.

Article 2(1) of the Convention. Scope of application and labour inspection. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) applies only to work performed on the basis of an employment relationship between an employer and a worker, and does not cover children who work in the informal economy or on their own account. In this regard, the Committee noted that the majority of children work in the informal sector. The Committee also noted the Government’s statement that at the provincial level, measures had been taken to supervise the informal sector through monitoring units of the provincial governments. Moreover, measures had been taken to reduce the scope of the informal sector through formalization initiatives, including the opening of professional training schools for young people and mobile vocational training centres, by supporting micro-enterprises and through the provision of micro-credit grants.

The Committee notes the Government’s information in its report that in June 2016, the Government, in collaboration with the labour inspectors and social partners, developed a programme to raise awareness among enterprises, including in the informal economy, on legislation prohibiting child labour and occupational safety and health legislation. In the first phase of this programme, the labour inspectors visited the five provinces of Luanda, Bengo, Bié, Cunene and Huila. The Committee encourages the Government to continue its efforts to protect children under the minimum age for admission to employment or work from child labour, including in the informal economy. In this regard, the Committee also encourages the Government to take measures to adapt and strengthen the labour inspection services and the provincial monitoring units so as to ensure that the protection envisaged by the Convention is provided to children who work on their own account or in the informal economy. It requests that the Government provide information on the measures taken in this regard and on the results achieved. The Committee also encourages the Government to pursue its efforts to reduce the scope of the informal economy, and to provide information on the impact of these measures with regard to working children.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted that Decree No. 58/82, which contained a comprehensive list of hazardous types of work prohibited for children under 18 years of age, was repealed by the General Labour Act of 2000 (Act No. 2/00). The Committee observed that the prohibition of hazardous work for minors in section 284(2) of Act No. 2/00 appeared to encompass only types of work which may harm the morals of children, and did not address types of work which may harm their health or safety.

The Committee notes with satisfaction the adoption of Joint Executive Decree No. 171/10 which contains a list of 57 types of hazardous activities prohibited for children under the age of 18 years. This list includes: work with dangerous chemicals and flammable liquids; manufacturing of asbestos, asphalt, rubber, cement, chlorine, explosives, fireworks and matches; bleaching process; work in welding shops; mirror tinning; meat processing; electricity; extraction of salt; dangerous machineries; electroplating; exposure to lime, lead, varnish, and radioactive substances and radiation; crystal and glass factories; melting, sharpening and polishing of metals and their alloys; quartz, gypsum, lime and stone grinding mills; slaughterhouses; potteries; paper factories; and maritime work. The Committee requests that the Government provide information on the application in practice of Decree No. 171/10, including statistics on the number and nature of violations reported and penalties imposed.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. Noting the adoption of the new General Labour Act No. 7/15 of 15 June 2015, the Committee 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 specific issues raised in relation to the General Labour Act, and other matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. 1. Scope of application. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) applies only to work performed on the basis of an employment relationship between an employer and a worker, and does not cover children who work on their own account. In this respect, the Government indicated that, although the national legislation does not contain provisions respecting work performed by children on their own account, a regulation on this type of work could be adopted in the context of informal work. The Government indicated that studies were being carried out on the subject. The Committee also noted the ILO–IPEC information that the majority of children work in the informal sector. The Committee expressed the hope that, following the completion of the relevant studies, the Government would take measures to protect children who are not bound by an employment relationship.

The Committee notes the Government’s statement in its communication of 2 June 2009, regarding the comments of the National Union of Angolan Workers (UNTA) that the Labour Inspectorate is making efforts to fulfil its duties in the informal sector but that due to the specificity of this sector, other entities are also involved in informal sector regulation. The Government indicates that at the provincial level, measures have been taken regarding the supervision of the informal sector through monitoring units of the provincial governments. The Government indicates that it has also taken various measures to reduce the scope of the informal sector through formalization initiatives, including the opening of professional training schools for young people and mobile vocational training centres, by supporting micro-enterprises and through the provision of micro-credit grants. The Government states in this communication that the informal sector will not disappear rapidly, in part due to the large number of migrants in the country resulting from the civil war.

The Committee notes the information in a report on the worst forms of child labour in Angola of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that the Government lacks the capacity to regulate the informal sector, where the majority of children work and where most labour law violations occur. The Committee therefore requests the Government to take the necessary measures to adapt and strengthen the labour inspection services and the provincial monitoring units so as to ensure that the protection envisaged by the Convention is provided to children who work on their own account or in the informal economy. The Committee also encourages the Government to pursue its efforts to reduce the scope of the informal sector, and to provide information on the impact of these measures with regard to working children. Lastly, noting an absence of information in the Government’s report on the possibility of adopting a regulation concerning children working in the informal sector, the Committee requests the Government to provide information on any developments in this regard.

2. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that section 2(d) and (e) of Act No. 2/00 excludes family work and occasional work from the Act’s scope of application. However, the Committee also observed that the Government did not intend to avail itself of the possibility, under Article 4 of the Convention, of excluding these two areas of work from the scope of the Convention. In this regard, the Committee noted the Government’s indication that it was preparing regulations covering family work and occasional work with a view to guaranteeing protection to these categories of workers and bringing the national legislation into conformity with the Convention. Noting an absence of information on this point in the Government’s report, the Committee once again expresses the hope that the legislative texts regulating family work and occasional work will determine the conditions of work of children engaged in these types of employment, particularly with regard to the minimum age for admission for employment or work for these categories of workers. It requests the Government to provide a copy of the above texts as soon as they are adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, following 27 years of civil war, the population remained under conditions of extreme vulnerability, which had repercussions on the education system and pushed children to work. The Committee noted that around 44 per cent of girls and boys did not attend school, but that the Government was implementing, in collaboration with UNESCO, a National Action Plan for Education for All (2001–15) (NAP EFA).

The Committee notes the Government’s indication, in its report to the Committee on the Rights of the Child (CRC) of 26 February 2010, that the newly established National Council for Children is developing a national action plan for children, which includes measures to facilitate universal primary schooling, such as expanding the school-meal programme to all children, expanding the school network in communes and villages, and implementing initiatives to retain teachers in rural areas. The Government’s report to the CRC also indicates that, as part of the Amigas da Criança Schools Project, 219 schools were built and 110 primary schools (in 17 provinces) were renovated, serving a total of 88,830 children (CRC/C/AGO/2–4, paragraph 322). However, the Committee also notes the Government’s indication in its report to the CRC that there are high student failure and drop-out rates in the country and that, due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade (CRC/C/AGO/2–4, paragraph 344). In this regard, the Committee also notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 December 2008, expressed its concern at the low indicators for education in Angola, and the limited access to education for groups such as poor families, girls and children in rural areas (E/C.12/AGO/CO/3, paragraph 38). Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts, within the framework of the NPA EFA and the forthcoming national action plan for children, to strengthen the functioning of the education system. It requests the Government to provide information on the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in primary education.

Article 7. Light work. The Committee previously noted that pursuant to section 283 of Act No. 2/00, minors may carry out light work which does not entail major physical effort or is not likely to harm their health or their physical or mental development and which establishes the conditions for apprenticeship or training. It also noted that under section 299 of Act No. 2/00 any employer who is authorized to recruit minors who are subject to compulsory schooling shall collaborate with official education services for the installation of a classroom within or adjacent to the workplace, if the employer employs over 20 such minors and the enterprise is more than 5 kilometres away from a school. The Committee observed that these two provisions appeared to permit light work, but did not specify a minimum age for such work.

The Committee notes an absence of information on this point in the Government’s report and observes that it appears that no lower minimum age for light work has been set in law. Moreover, the Committee notes the information in a report entitled “Children’s work in Angola: An overview”, produced jointly in 2007 by the ILO, UNICEF and the World Bank (through the “Understanding Children’s Work” project) that approximately 26 per cent of children between the ages of 5 and 14 are engaged in economic activity. In this regard, the Committee reminds the Government that pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons only from the age of 12 years in light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the high number of children under the minimum age for admission to work engaged in economic activity, the Committee requests the Government to take the necessary measures to regulate light work, so as to ensure that only children from the age of 12 years may engage in economic activity, pursuant to Article 7(4) of the Convention. It also requests the Government to take the necessary measures to determine the number of hours during which, and the conditions in which, light work may be undertaken by children of 12 years of age and above.

Article 9(3). Registers of employment. The Committee previously noted the Government’s indication that, in principle, all enterprises keep a list of the names of persons who work for them. Labour inspectors may discharge their functions on the basis of this register, in accordance with Decree No. 155/04, published in the DR, first series, No. 105, of 31 December 2004. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the provisions of the national legislation requiring employers to keep a list of the persons who work for them. It also requests the Government to provide a copy of Decree No. 155/04.

Application of the Convention in practice. In its previous comments, the Committee noted that the CRC, in its concluding observations of October 2004 (CRC/C/15/Add.246, paragraphs 64 and 65), expressed concern that many children work below the legal age for admission to employment. Most of them work on family farms and in the informal economy, where their work is not monitored, even though it is well known that children are being exploited. The Committee also noted ILO–IPEC information from 2006 that approximately 30 per cent of girls and boys are engaged in work in Angola. However, it noted that ILO–IPEC was implementing projects in the country to prevent children from being engaged in child labour and to raise awareness on this topic.

The Committee notes the information in the WFCL Report that the Government is participating in a project to combat exploitive child labour, implemented by the NGO “ChildFund International”. This project targets 2,653 children for withdrawal and 4,347 children for prevention from exploitative child labour in the capital city of Luanda and the province of Benguela. The Committee also notes the ILO–IPEC information that the Tackling Child Labour through Education (TACKLE) project was launched in 2009. This project aims to contribute to poverty reduction in the least developed countries by providing equitable access to basic education and skills development to the most disadvantaged sections of society. The Committee further notes the information in the ILO–IPEC Technical Progress Report for the TACKLE project of March 2010 (TACKLE project TPR) that the National Steering Committee for the project was established at the beginning of 2010. However, the TACKLE project TPR also indicates that activities in Angola have been slow due to weak institutional capacity and a lack of experience in addressing child labour issues in the country. While noting the extremely difficult situation facing the country, the Committee once again expresses its deep concern at the situation of young children under 14 years of age working in Angola and requests the Government to redouble its efforts to combat child labour. It also requests the Government to provide information on the impact of measures adopted in the context of the TACKLE project. Finally, the Committee requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Angola is available, and to provide this information when it becomes available.

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

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 matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. 1. Scope of application. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) applies only to work performed on the basis of an employment relationship between an employer and a worker, and does not cover children who work on their own account. In this respect, the Government indicated that, although the national legislation does not contain provisions respecting work performed by children on their own account, a regulation on this type of work could be adopted in the context of informal work. The Government indicated that studies were being carried out on the subject. The Committee also noted the ILO–IPEC information that the majority of children work in the informal sector. The Committee expressed the hope that, following the completion of the relevant studies, the Government would take measures to protect children who are not bound by an employment relationship.

The Committee notes the Government’s statement in its communication of 2 June 2009, regarding the comments of the National Union of Angolan Workers (UNTA) that the Labour Inspectorate is making efforts to fulfil its duties in the informal sector but that due to the specificity of this sector, other entities are also involved in informal sector regulation. The Government indicates that at the provincial level, measures have been taken regarding the supervision of the informal sector through monitoring units of the provincial governments. The Government indicates that it has also taken various measures to reduce the scope of the informal sector through formalization initiatives, including the opening of professional training schools for young people and mobile vocational training centres, by supporting micro-enterprises and through the provision of micro-credit grants. The Government states in this communication that the informal sector will not disappear rapidly, in part due to the large number of migrants in the country resulting from the civil war.

The Committee notes the information in a report on the worst forms of child labour in Angola of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that the Government lacks the capacity to regulate the informal sector, where the majority of children work and where most labour law violations occur. The Committee therefore requests the Government to take the necessary measures to adapt and strengthen the labour inspection services and the provincial monitoring units so as to ensure that the protection envisaged by the Convention is provided to children who work on their own account or in the informal economy. The Committee also encourages the Government to pursue its efforts to reduce the scope of the informal sector, and to provide information on the impact of these measures with regard to working children. Lastly, noting an absence of information in the Government’s report on the possibility of adopting a regulation concerning children working in the informal sector, the Committee requests the Government to provide information on any developments in this regard.

2. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that section 2(d) and (e) of Act No. 2/00 excludes family work and occasional work from the Act’s scope of application. However, the Committee also observed that the Government did not intend to avail itself of the possibility, under Article 4 of the Convention, of excluding these two areas of work from the scope of the Convention. In this regard, the Committee noted the Government’s indication that it was preparing regulations covering family work and occasional work with a view to guaranteeing protection to these categories of workers and bringing the national legislation into conformity with the Convention. Noting an absence of information on this point in the Government’s report, the Committee once again expresses the hope that the legislative texts regulating family work and occasional work will determine the conditions of work of children engaged in these types of employment, particularly with regard to the minimum age for admission for employment or work for these categories of workers. It requests the Government to provide a copy of the above texts as soon as they are adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, following 27 years of civil war, the population remained under conditions of extreme vulnerability, which had repercussions on the education system and pushed children to work. The Committee noted that around 44 per cent of girls and boys did not attend school, but that the Government was implementing, in collaboration with UNESCO, a National Action Plan for Education for All (2001–15) (NAP EFA).

The Committee notes the Government’s indication, in its report to the Committee on the Rights of the Child (CRC) of 26 February 2010, that the newly established National Council for Children is developing a national action plan for children, which includes measures to facilitate universal primary schooling, such as expanding the school-meal programme to all children, expanding the school network in communes and villages, and implementing initiatives to retain teachers in rural areas. The Government’s report to the CRC also indicates that, as part of the Amigas da Criança Schools Project, 219 schools were built and 110 primary schools (in 17 provinces) were renovated, serving a total of 88,830 children (CRC/C/AGO/2–4, paragraph 322). However, the Committee also notes the Government’s indication in its report to the CRC that there are high student failure and drop-out rates in the country and that, due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade (CRC/C/AGO/2–4, paragraph 344). In this regard, the Committee also notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 December 2008, expressed its concern at the low indicators for education in Angola, and the limited access to education for groups such as poor families, girls and children in rural areas (E/C.12/AGO/CO/3, paragraph 38). Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts, within the framework of the NPA EFA and the forthcoming national action plan for children, to strengthen the functioning of the education system. It requests the Government to provide information on the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in primary education.

Article 7. Light work. The Committee previously noted that pursuant to section 283 of Act No. 2/00, minors may carry out light work which does not entail major physical effort or is not likely to harm their health or their physical or mental development and which establishes the conditions for apprenticeship or training. It also noted that under section 299 of Act No. 2/00 any employer who is authorized to recruit minors who are subject to compulsory schooling shall collaborate with official education services for the installation of a classroom within or adjacent to the workplace, if the employer employs over 20 such minors and the enterprise is more than 5 kilometres away from a school. The Committee observed that these two provisions appeared to permit light work, but did not specify a minimum age for such work.

The Committee notes an absence of information on this point in the Government’s report and observes that it appears that no lower minimum age for light work has been set in law. Moreover, the Committee notes the information in a report entitled “Children’s work in Angola: An overview”, produced jointly in 2007 by the ILO, UNICEF and the World Bank (through the “Understanding Children’s Work” project) that approximately 26 per cent of children between the ages of 5 and 14 are engaged in economic activity. In this regard, the Committee reminds the Government that pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons only from the age of 12 years in light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the high number of children under the minimum age for admission to work engaged in economic activity, the Committee requests the Government to take the necessary measures to regulate light work, so as to ensure that only children from the age of 12 years may engage in economic activity, pursuant to Article 7(4) of the Convention. It also requests the Government to take the necessary measures to determine the number of hours during which, and the conditions in which, light work may be undertaken by children of 12 years of age and above.

Article 9(3). Registers of employment. The Committee previously noted the Government’s indication that, in principle, all enterprises keep a list of the names of persons who work for them. Labour inspectors may discharge their functions on the basis of this register, in accordance with Decree No. 155/04, published in the DR, first series, No. 105, of 31 December 2004. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the provisions of the national legislation requiring employers to keep a list of the persons who work for them. It also requests the Government to provide a copy of Decree No. 155/04.

Application of the Convention in practice. In its previous comments, the Committee noted that the CRC, in its concluding observations of October 2004 (CRC/C/15/Add.246, paragraphs 64 and 65), expressed concern that many children work below the legal age for admission to employment. Most of them work on family farms and in the informal economy, where their work is not monitored, even though it is well known that children are being exploited. The Committee also noted ILO–IPEC information from 2006 that approximately 30 per cent of girls and boys are engaged in work in Angola. However, it noted that ILO–IPEC was implementing projects in the country to prevent children from being engaged in child labour and to raise awareness on this topic.

The Committee notes the information in the WFCL Report that the Government is participating in a project to combat exploitive child labour, implemented by the NGO “ChildFund International”. This project targets 2,653 children for withdrawal and 4,347 children for prevention from exploitative child labour in the capital city of Luanda and the province of Benguela. The Committee also notes the ILO–IPEC information that the Tackling Child Labour through Education (TACKLE) project was launched in 2009. This project aims to contribute to poverty reduction in the least developed countries by providing equitable access to basic education and skills development to the most disadvantaged sections of society. The Committee further notes the information in the ILO–IPEC Technical Progress Report for the TACKLE project of March 2010 (TACKLE project TPR) that the National Steering Committee for the project was established at the beginning of 2010. However, the TACKLE project TPR also indicates that activities in Angola have been slow due to weak institutional capacity and a lack of experience in addressing child labour issues in the country. While noting the extremely difficult situation facing the country, the Committee once again expresses its deep concern at the situation of young children under 14 years of age working in Angola and requests the Government to redouble its efforts to combat child labour. It also requests the Government to provide information on the impact of measures adopted in the context of the TACKLE project. Finally, the Committee requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Angola is available, and to provide this information when it becomes available.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(1) of the Convention. 1. Scope of application. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) applies only to work performed on the basis of an employment relationship between an employer and a worker, and does not cover children who work on their own account. In this respect, the Government indicated that, although the national legislation does not contain provisions respecting work performed by children on their own account, a regulation on this type of work could be adopted in the context of informal work. The Government indicated that studies were being carried out on the subject. The Committee also noted the ILO–IPEC information that the majority of children work in the informal sector. The Committee expressed the hope that, following the completion of the relevant studies, the Government would take measures to protect children who are not bound by an employment relationship.

The Committee notes the Government’s statement in its communication of 2 June 2009, regarding the comments of the National Union of Angolan Workers (UNTA) that the Labour Inspectorate is making efforts to fulfil its duties in the informal sector but that due to the specificity of this sector, other entities are also involved in informal sector regulation. The Government indicates that at the provincial level, measures have been taken regarding the supervision of the informal sector through monitoring units of the provincial governments. The Government indicates that it has also taken various measures to reduce the scope of the informal sector through formalization initiatives, including the opening of professional training schools for young people and mobile vocational training centres, by supporting micro-enterprises and through the provision of micro-credit grants. The Government states in this communication that the informal sector will not disappear rapidly, in part due to the large number of migrants in the country resulting from the civil war.

The Committee notes the information in a report on the worst forms of child labour in Angola of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report) that the Government lacks the capacity to regulate the informal sector, where the majority of children work and where most labour law violations occur. The Committee therefore requests the Government to take the necessary measures to adapt and strengthen the labour inspection services and the provincial monitoring units so as to ensure that the protection envisaged by the Convention is provided to children who work on their own account or in the informal economy. The Committee also encourages the Government to pursue its efforts to reduce the scope of the informal sector, and to provide information on the impact of these measures with regard to working children. Lastly, noting an absence of information in the Government’s report on the possibility of adopting a regulation concerning children working in the informal sector, the Committee requests the Government to provide information on any developments in this regard.

2. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that section 2(d) and (e) of Act No. 2/00 excludes family work and occasional work from the Act’s scope of application. However, the Committee also observed that the Government did not intend to avail itself of the possibility, under Article 4 of the Convention, of excluding these two areas of work from the scope of the Convention. In this regard, the Committee noted the Government’s indication that it was preparing regulations covering family work and occasional work with a view to guaranteeing protection to these categories of workers and bringing the national legislation into conformity with the Convention. Noting an absence of information on this point in the Government’s report, the Committee once again expresses the hope that the legislative texts regulating family work and occasional work will determine the conditions of work of children engaged in these types of employment, particularly with regard to the minimum age for admission for employment or work for these categories of workers. It requests the Government to provide a copy of the above texts as soon as they are adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, following 27 years of civil war, the population remained under conditions of extreme vulnerability, which had repercussions on the education system and pushed children to work. The Committee noted that around 44 per cent of girls and boys did not attend school, but that the Government was implementing, in collaboration with UNESCO, a National Action Plan for Education for All (2001–15) (NAP EFA).

The Committee notes the Government’s indication, in its report to the Committee on the Rights of the Child (CRC) of 26 February 2010, that the newly established National Council for Children is developing a national action plan for children, which includes measures to facilitate universal primary schooling, such as expanding the school-meal programme to all children, expanding the school network in communes and villages, and implementing initiatives to retain teachers in rural areas. The Government’s report to the CRC also indicates that, as part of the Amigas da Criança Schools Project, 219 schools were built and 110 primary schools (in 17 provinces) were renovated, serving a total of 88,830 children (CRC/C/AGO/2–4, paragraph 322). However, the Committee also notes the Government’s indication in its report to the CRC that there are high student failure and drop-out rates in the country, and that due to familial poverty, only 37.2 per cent of all children who start the first grade will finish the sixth grade (CRC/C/AGO/2–4, paragraph 344). In this regard, the Committee also notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 1 December 2008, expressed its concern at the low indicators for education in Angola, and the limited access to education for groups such as poor families, girls and children in rural areas (E/C.12/AGO/CO/3, paragraph 38). Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to redouble its efforts, within the framework of the NPA EFA and the forthcoming national action plan for children, to strengthen the functioning of the education system. It requests the Government to provide information on the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in primary education.

Article 3(1). Age of admission to hazardous types of work. In its previous comments, the Committee noted that pursuant to section 284(1) of Act No. 2/00, “minors” may not be engaged in work which is hazardous for their physical, mental and moral development. The Committee reminded the Government that pursuant to Article 3(1) of the Convention, no child under 18 years of age may be engaged in hazardous work, and requested the Government to indicate the definition of the term “minor” contained in section 284(1) of Act No. 2/00.

The Committee notes that section 11 of Act No. 2/00 states that minors between the age of 14 and 18 years of age have the juridical capacity to enter into some types of labour relationships. It also notes that section 285 of Act No. 2/00 specifies that all minors must undergo a medical examination prior to employment, and that this process must be repeated every year until the age of 18 is reached. The Committee further notes that the provisions in Act No. 2/00 concerning hours of work for minors (section 287) and remuneration for minors (section 286) provide guidelines for persons between the ages of 14 and 18. The Committee therefore observes that the term minor in section 284(1) of Act No. 2/00 appears to refer to all persons under 18 years of age.

Article 7. Light work. The Committee previously noted that pursuant to section 283 of Act No. 2/00, minors may carry out light work which does not entail major physical effort or is not likely to harm their health or their physical or mental development and which establishes the conditions for apprenticeship or training. It also noted that under section 299 of Act No. 2/00 any employer who is authorized to recruit minors who are subject to compulsory schooling shall collaborate with official education services for the installation of a classroom within or adjacent to the workplace, if the employer employs over 20 such minors and the enterprise is more than 5 kilometres away from a school. The Committee observed that these two provisions appeared to permit light work, but did not specify a minimum age for such work.

The Committee notes an absence of information on this point in the Government’s report and observes that it appears that no lower minimum age for light work has been set in law. Moreover, the Committee notes the information in a report entitled “Children’s work in Angola: An overview”, produced jointly in 2007 by the ILO, UNICEF and the World Bank (through the “Understanding Children’s Work” project) that approximately 26 per cent of children between the ages of 5 and 14 are engaged in economic activity. In this regard, the Committee reminds the Government that pursuant to Article 7(1) and (4) of the Convention, national laws or regulations may permit the employment of persons only from the age of 12 years in light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that pursuant to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the high number of children under the minimum age for admission to work engaged in economic activity, the Committee requests the Government to take the necessary measures to regulate light work, so as to ensure that only children from the age of 12 years may engage in economic activity, pursuant to Article 7(4) of the Convention. It also requests the Government to take the necessary measures to determine the number of hours during which, and the conditions in which, light work may be undertaken by children of 12 years of age and above.

Article 9(3). Registers of employment. The Committee previously noted the Government’s indication that, in principle, all enterprises keep a list of the names of persons who work for them. Labour inspectors may discharge their functions on the basis of this register, in accordance with Decree No. 155/04, published in the DR, first series, No. 105, of 31 December 2004. Noting an absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the provisions of the national legislation requiring employers to keep a list of the persons who work for them. It also requests the Government to provide a copy of Decree No. 155/04.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the CRC, in its concluding observations of October 2004 (CRC/C/15/Add.246, paragraphs 64 and 65), expressed concern that many children work below the legal age for admission to employment. Most of them work on family farms and in the informal economy, where their work is not monitored, even though it is well known that children are being exploited. The Committee also noted ILO–IPEC information from 2006 that approximately, 30 per cent of girls and boys are engaged in work in Angola. However, it noted that ILO–IPEC was implementing projects in the country to prevent children from being engaged in child labour and to raise awareness on this topic.

The Committee notes the information in the WFCL Report that the Government is participating in a project to combat exploitive child labour, implemented by the NGO “ChildFund International”. This project targets 2,653 children for withdrawal and 4,347 children for prevention from exploitative child labour in the capital city of Luanda and the province of Benguela. The Committee also notes the ILO–IPEC information that the Tackling Child Labour through Education (TACKLE) project was launched in 2009. This project aims to contribute to poverty reduction in the least developed countries by providing equitable access to basic education and skills development to the most disadvantaged sections of society. The Committee further notes the information in the ILO–IPEC Technical Progress Report for the TACKLE project of March 2010 (TACKLE project TPR) that the National Steering Committee for the project was established at the beginning of 2010. However, the TACKLE project TPR also indicates that activities in Angola have been slow due to weak institutional capacity and a lack of experience in addressing child labour issues in the country. While noting the extremely difficult situation facing the country, the Committee once again expresses its deep concern at the situation of young children under 14 years of age working in Angola and requests the Government to redouble its efforts to combat child labour. It also requests the Government to provide information on the impact of measures adopted in the context of the TACKLE project. Finally, the Committee requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Angola is available, and to provide this information when it becomes available.

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

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/00) only applies to an employment relationship between an employer and a worker. It requested the Government to provide information on the manner in which children who are not covered by an employment relationship, such as those who work on their own account, benefit from the protection laid down in the Convention. In this respect, the Government indicates that, although the national legislation does not contain a provision respecting work performed by a person on her or his own account, a regulation on this type of work could be adopted in the context of informal work. Studies are currently being carried out on this subject. The Committee notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project entitled “Combating the worst forms of child labour in African Portuguese-speaking countries” (ILO/IPEC project on the worst forms of child labour), the great majority of children work in the informal economy. The Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not they are performed on the basis of an employment relationship and are paid or not, and it hopes that, following the studies carried out on informal work, the Government will take measures to protect children who are not bound by an employment relationship so that they benefit from the protection envisaged by the Convention. It requests the Government to provide information in this respect. In this context, it also requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services so as to ensure the protection envisaged by the Convention for children who work on their own account or in the informal economy.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that the age of completion of compulsory schooling is 14 years (Education Act No. 13/01 of 31 December 2001) and that it coincides with the minimum statutory age for admission to employment or work. It notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project on the worst forms of child labour that although, after 27 years of civil war, the political situation has improved since the signature of a cease fire in April 2002, the country is confronted by an unprecedented humanitarian crisis which has placed the population under conditions of extreme vulnerability, which has repercussions on the education system and is pushing children to work. According to this report, around 44 per cent of girls and boys, almost half of all children, do not attend school. The Committee notes that the country has implemented, in collaboration with UNESCO, a National Action Plan for Education for All (2001–15). The objectives of this Action Plan include: (i) drawing up an education policy with a view to ensuring that before 2015 all children, including those in difficulties, such as girls and ethnic minorities, have access to free and compulsory education; and (ii) achieving equality between the sexes in access to education. The Committee further notes that Angola is also participating in the UNESCO Initiative on Teacher Training in sub-Saharan Africa (TTISSA), a ten-year project intended to restructure national teacher training policies. Furthermore, various measures are being taken in collaboration with UNICEF to ensure the school attendance of children who have survived anti-personnel mines and attacks, as well as HIV/AIDS orphans.

The Committee expresses appreciation of the measures adopted by the Government to improve the education system, and it considers that these measures are an affirmation of a political will to develop strategies to combat illiteracy. However, it expresses concern at the low rate of school attendance and observes that poverty is one of the primary causes of child labour which, combined with a deficient educational system, prevents the development of the child. Considering that education is one of the most effective means of combating child labour, the Committee requests the Government to spare no effort to improve the quality of the education system in the country. It also requests the Government to provide information on the measures adopted, in the context of the National Action Plan on Education for All (2001–15), to increase the school attendance rate at both primary and secondary levels and to decrease the school drop-out rate so as to prevent children under 14 years of age from engaging in work, and on the results achieved. Finally, the Committee requests the Government to provide a copy of Education Act No. 13/01 of 31 December 2001.

Article 3, paragraph 1. Age for admission to hazardous types of work. In its previous comments, the Committee noted that under section 284(1) of Act No. 2/00, “minors” may not be engaged in work which is hazardous for their physical, mental and moral development. The Committee also noted that Decree No. 58/82 prohibits the employment of “minors”, namely persons over 14 but under 18 years of age, in hazardous types of work. The Committee observes that, although Decree No. 58/82 defines the term “minor”, Act No. 2/00 does not do the same and it is therefore impossible to determine the age for admission to hazardous types of work as set out in Act No. 2/00. The Committee notes the Government’s indication that Decree No. 58/82 was repealed by Act No. 2/00. The Committee reminds the Government that under the terms of Article 3, paragraph 1, of the Convention, no child under 18 years of age may be engaged in hazardous work and it once again requests the Government to indicate the definition of the term “minor” contained in section 284(1) of Act No. 2/00.

Article 3, paragraph 2. Determination of hazardous types of employment or work. With reference to its previous comments, the Committee notes that, as Decree No. 58/82, which contained a list of hazardous types of work prohibited for children under 18 years of age, has been repealed by Act No. 2/00, only section 284(2) of Act No. 2/00 sets out the prohibition to employ young persons on hazardous types of work. This prohibition covers employment in theatres, cinemas, nightclubs, cabarets, discotheques and other similar establishments, or as traders or in publicity for pharmaceutical products. The Committee therefore notes that, over and above this provision, there does not appear to be a list of hazardous types of work prohibited for children under 18 years of age. It reminds the Government that under the terms of Article 3, paragraph 2, of the Convention, 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. The Committee requests the Government to take the necessary measures for the determination of the hazardous types of employment or work prohibited for persons under 18 years of age by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention. It also requests the Government to provide information on any progress achieved in this respect.

Article 4. Exclusion from the application of the Convention of limited categories of employment or work. The Committee noted previously that section 2(d) and (e) of Act No. 2/00 excludes from its scope family work and occasional work and it requested the Government to indicate whether it wishes to avail itself of the possibility of excluding family work and occasional work from the scope of the Convention, in accordance with Article 4, paragraph 1. The Committee notes the information provided by the Government that regulations are currently being drawn up covering family work and occasional work with a view to guaranteeing protection to these categories of workers and bringing the national legislation into conformity with the Convention. In view of the above, the Committee concludes that the Government does not intend to avail itself of the possibility of excluding family work and occasional work from the scope of the Convention. The Committee hopes that the legislative texts regulating family work and occasional work will determine the conditions of work of children engaged in these types of employment, particularly with regard to the minimum age for admission for employment or work for these categories of workers, and it requests the Government to provide a copy of the above texts as soon as they are adopted.

Article 7. Light work. The Committee noted previously that under section 283 of Act No. 2/00, minors may carry out light work which does not entail major physical effort or is not likely to harm their health or their physical or mental development and which establishes the conditions for apprenticeship or training. It also noted that under section 299 of Act No. 2/00 any employer who is authorized to recruit minors who are subject to compulsory schooling shall collaborate with the official education services for the installation of a classroom within or adjacent to the workplace where such minors are over 20 in number and the enterprise is more than 5 kilometres away from a school. The Committee indicated that its understanding of these two provisions is that the national legislation allows minors to perform light work, but without specifying the age from which they can do so.

Noting the absence of information in the Government’s report, the Committee once again recalls that under Article 7, paragraph 4, of the Convention, national legislation may permit the employment of persons between 12 and 14 years of age in light work, provided that such work is not likely to be harmful to their health or development. Furthermore, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore once again requests the Government to indicate the age from which minors may perform light work and to provide information on the measures adopted to ensure that such work is not likely to harm their health or development. The Committee also once again requests the Government to take the necessary measures to determine the activities in which children between 12 and 14 years of age may be permitted to perform light employment or work, as well as the number of hours during which and the conditions in which such employment or work may be undertaken.

Article 9, paragraph 3. Keeping of a register. With reference to its previous comments, the Committee notes the information provided by the Government according to which in principle all enterprises keep a list of the names of persons who work for them. Labour inspectors may discharge their functions on the basis of this register, in accordance with Decree No. 155/04, published in the DR, first series, No. 105, of 31 December 2004. The Committee requests the Government to indicate the provisions of the national legislation requiring employers to keep a list of the persons who work for them. It also requests the Government to provide a copy of Decree No. 155/04.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the initial report of Angola in October 2004 (CRC/C/15/Add.246, paragraphs 64 and 65), expressed concern that many children work below the legal age for admission to employment. Most of them work on family farms and in the informal economy, where their work is not monitored, even though it is well known that children are being exploited. The Committee requested the Government to provide information on the application of the Convention in practice.

In its report, the Government indicates that, insofar as the law prohibits child labour, no child is officially engaged in work in the country. However, in view of the situation caused by the civil war, minors may work on their own account in the informal economy. The Committee also notes that, according to the information contained in the 2006 evaluation report on the ILO/IPEC project on the worst forms of child labour, 30 per cent of girls and boys are engaged in work in Angola. It further notes that, in the context of the implementation of the ILO/IPEC project on the worst forms of child labour, the implementation of a pilot programme for intervention in the field of education will result in over 200 girls and boys being prevented from being engaged in child labour and awareness raising for 800 members of communities, including the families of children, with a view to monitoring the situation in their locality and identifying children at risk. The Committee also notes that, according to the evaluation report, a study will be prepared on the worst forms of child labour. The Committee, while noting the extremely difficult situation facing the country, once again expresses its deep concern at the situation of young children under 14 years of age working in Angola, particularly in the informal economy, and requests the Government to redouble its efforts to improve the situation. It also requests the Government to provide information on the measures adopted in the context of the ILO/IPEC project on the worst forms of child labour for the progressive abolition of child labour and the results achieved. Finally, the Committee requests the Government to provide a copy of the study on child labour and specific 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.

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

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 reads as follows:

Article 2, paragraph 1, of the Convention. Scope of application. Section 1(1) of the General Labour Act of 2000 (Act No. 2/00) lays down that the Act applies to all workers who provide paid services for an employer under his organization and supervision. The Committee notes that, under this provision, the General Labour Act applies only to an employment relationship. In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as those who work on their own account, benefit from the protection laid down in the Convention.

Article 3, paragraph 1. Age for admission to hazardous work. The Committee notes that, under section 284(1) of the General Labour Act “minors” may not be employed in work which, by its nature, is potentially dangerous or which, by the circumstances in which it is carried out, is harmful to their physical, mental and moral development. The Committee notes that, under section 2(1) of Decree No. 58/82, it is prohibited to employ “minors” in work which, by its nature or the circumstances in which it is carried out, may cause mental or physical damage to normal development. Under section 1(2) of Decree No. 58/82, the term “minors” means, for the purposes of the Decree, persons over 14 years of age but under 18 years of age. The Committee observes that, although Decree No. 58/82 defines the term “minor”, the General Labour Act does not do the same. It is therefore impossible to determine the age for admission to hazardous work fixed by the General Labour Act. The Committee reminds the Government that, under Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous work, i.e. 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 morals of young persons, shall not be less than 18 years. The Committee requests the Government to indicate the definition of the term “minor” contained in section 284(1) of the General Labour Act.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee notes that, section 2(d) and (e) of the General Labour Act excludes from its scope family work and occasional work. It also notes that, under section 1(1) of Decree No. 58/82 concerning measures for the protection of minors, the Decree regulates the work of minors (persons over 14 years of age and under 18 years of age), with the exception of enterprises in which only members of the minor’s family work and who are under the direction of the father, mother or guardian. The Committee recalls that, under Article 4, paragraph 1, of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4, paragraph 2, each Member which ratifies the Convention shall list in its first report which it is bound to submit under article 22 of the Constitution of the International Labour Organization any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to indicate whether it wishes to avail itself of the possibility to exclude family work and occasional work from the scope of the Convention, in accordance with Article 4, paragraph 1. If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 7. Light work. The Committee notes that, under section 283 of the General Labour Act, minors may carry out light work which does not entail major physical effort or is not likely to harm their health or their physical and mental development and which allows an apprenticeship or training to take place. It also notes that, under section 299 of the General Labour Act, any employer who is authorized to recruit minors who are subject to compulsory schooling must collaborate with the official educational services to install a classroom within or adjacent to the workplace, where such minors are more than 20 in number and the enterprise is more than 5 kilometres away from a school. The Committee’s understanding of these two provisions is that the national legislation allows minors to perform light work but without specifying the age at which they can do so. In this regard, the Committee reminds the Government that, under Article 7, paragraph 1 and 4, of the Convention, national legislation may permit the employment of persons between 12 and 14 years of age in light work, provided that such work is not likely to be harmful to their health or development. In addition, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe that the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee requests the Government to indicate from what age minors may perform light work and to provide information on the measures adopted to ensure that the work is not likely to harm their health or development. The Committee also requests the Government to take the necessary measures to determine the activities in which children between 12 and 14 years of age may be permitted to perform employment or light work, as well as the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee also requests the Government to provide more detailed information on the application in practice of section 299 of the General Labour Act, and to indicate the form of the collaboration between the employer and the official educational services with regard to the installation of a classroom within or adjacent to the workplace, where the abovementioned minors are more than 20 in number and the enterprise is more than 5 kilometres away from a school.

Article 9, paragraph 3. Keeping a register. The Committee notes that the national legislation does not appear to contain provisions concerning the keeping of a register. It reminds the Government that, under Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee requests the Government to provide information in this regard.

Article 1 and Part V of the report form. National policy and practical application of the Convention. The Government indicates that, in view of the recent entry into force of the Convention, it is difficult to undertake an evaluation of its application. The Committee notes, however, that according to the information at the ILO’s disposal, 440,000 children between 10 and 14 years of age were involved in an economic activity during 2000. Of this total, 225,000 were boys and 215,000 were girls. In its concluding observations on the initial report submitted by Angola in October 2004 (CRC/C/15/Add.246, paragraphs 64 and 65), the Committee on the Rights of the Child, while welcoming the Government’s ratification of Conventions Nos. 138 and 182 in 2001, expressed particular concern at the fact that many children below the legal age for admission to employment are working, mostly on family farms and in the informal sector, where their work is not monitored, even though it is well known that children are being exploited. The Committee particularly requested the Government to strengthen its efforts to prevent the employment of children below the minimum age for admission to employment or work, namely 14 years, and to establish a labour inspection system to ensure that children will not be exploited. The Committee notes with interest the Government’s information to the effect that a Memorandum of Understanding (MOU) with ILO/IPEC was submitted to the competent authorities for adoption.

The Committee expresses its deep concern at the situation of young children under the age of 14 years working in Angola and invites the Government to renew its efforts to improve the situation gradually, particularly by the adoption of an MOU with ILO/IPEC and a national policy aimed at ensuring the effective abolition of child labour. The Committee also invites the Government to provide detailed 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 inspection services, and information on the number and nature of contraventions reported.

Finally, the Committee notes that, under section 324 of the General Labour Act, the provisions of Decree No. 58/82 that are incompatible with the General Labour Act are repealed. It requests the Government to specify which provisions of Decree No. 58/82 are actually repealed.

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

The Committee notes the Government’s first and second reports. The Committee notes with interest the adoption of the General Labour Act of 2000 (Act No. 2/00), which contains more advantageous provisions relating to the protection of minors. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. Section 1(1) of the General Labour Act lays down that the Act applies to all workers who provide paid services for an employer under his organization and supervision. The Committee notes that, under this provision, the General Labour Act applies only to an employment relationship. In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is paid. The Committee requests the Government to provide information on the manner in which children who are not covered by an employment relationship, such as those who work on their own account, benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that the Government, in its initial report communicated to the Committee on the Rights of the Child in June 2004 (CRC/C/3/Add.66, paragraphs 78, 79 and 480), indicates that the age of completion of compulsory schooling is 14 years, pursuant to Education Act No. 13/01 of 31 December 2001, and this coincides with the minimum legal age for admission to employment or work. The Government also indicates that section 7 of Act No. 13/01 states that general education shall be free of charge. The Committee requests the Government to provide a copy of Education Act No. 13/01.

Article 2, paragraph 4. Specification of minimum age for admission of 14 years. The Committee notes that, at the time of ratification of the Convention, Angola specified a minimum age for admission to employment or work of 14 years, in accordance with Article 2, paragraph 1 and 4, of the Convention. The Committee requests the Government to indicate whether consultations with employers’ and workers’ organizations with a view to fixing the minimum age at 14 years were held and, if appropriate, to provide information in this regard. The Committee also draws the Government’s attention to Article 2, paragraph 5, of the Convention, which states that each Member which has specified a minimum age of 14 years shall provide information on the reasons for its decision to specify that age in the reports which it is bound to submit under article 22 of the Constitution of the International Labour Organization.

Article 3, paragraph 1. Age for admission to hazardous work. The Committee notes that, under section 284(1) of the General Labour Act "minors" may not be employed in work which, by its nature, is potentially dangerous or which, by the circumstances in which it is carried out, is harmful to their physical, mental and moral development. The Committee notes that, under section 2(1) of Decree No. 58/82, it is prohibited to employ "minors" in work which, by its nature or the circumstances in which it is carried out, may cause mental or physical damage to normal development. Under section 1(2) of Decree No. 58/82, the term "minors" means, for the purposes of the Decree, persons over 14 years of age but under 18 years of age. The Committee observes that, although Decree No. 58/82 defines the term "minor", the General Labour Act does not do the same. It is therefore impossible to determine the age for admission to hazardous work fixed by the General Labour Act. The Committee reminds the Government that, under Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous work, i.e. 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 morals of young persons, shall not be less than 18 years. The Committee requests the Government to indicate the definition of the term "minor" contained in section 284(1) of the General Labour Act.

Article 3, paragraph 2. Determination of types of hazardous employment or work. The Committee notes that the prohibition on employing minors between 14 and 18 years of age in hazardous work contained in section 2(1) of Decree No. 58/82 covers in particular underground work, work in mines, quarries, thermal power stations and high-temperature ovens, as well as all types of heavy work and work in the occupations listed in the annex to Decree No. 58/82, if they are connected with the production or handling of the products mentioned. The Committee also notes that section 284(2) of the General Labour Act and section 3 of Decree No. 58/82 prohibits the employment of minors in theatres, cinemas, nightclubs, cabarets, discotheques and any other similar establishments, as well as their use as vendors or in the advertising of pharmaceutical products. The Committee notes that Decree No. 58/82 was adopted well before the ratification of the present Convention. It draws the Government’s attention to the provisions of Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work covered by Article 3 of the Convention, particularly in the light of advancing scientific and technological knowledge.

Article 3, paragraph 3. Hazardous work as from the age of 16 years. 1. Apprenticeships. The Committee notes that, under section 2(2) of Decree No. 58/82, the prohibition on the employment of minors between 14 and 18 years of age which is laid down by section 2(1) of the Decree and in the annex does not apply to minors of 16 years of age who are participants in legally approved apprenticeship training programmes, if the premises where the work is performed have been previously visited and approved by the competent occupational health and safety services. Minors must undergo a periodical medical examination every year. Under section 35(1) of the General Labour Act, apprentices or trainees cannot be required to perform work or services which are unrelated to the occupation for which they are following an apprenticeship, or services which require major physical effort or which are likely to cause damage to their health or to their physical or mental development. The Committee also notes that, under section 281(1) of the General Labour Act, the employer must provide minors in his service, even those following an apprenticeship, with conditions of work which are suitable for their age, in order to avoid risks to their safety, health and education, as well as harm to their overall development. The Committee notes the provisions mentioned above.

2. Vocational training. The Committee notes that, under section 284(3) of the General Labour Act, an executive decree issued by the Minister of Labour and the Minister of Health establishes the types of work to which minors who have attained the age of 16 years may be assigned for reasons of vocational training, as well as the conditions under which these types of work may be carried out. The Committee requests the Government to indicate whether such a regulation has been adopted and, if so, to send a copy of it.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. The Committee notes that, section 2(d) and (e) of the General Labour Act excludes from its scope family work and occasional work. It also notes that, under section 1(1) of Decree No. 58/82 concerning measures for the protection of minors, the Decree regulates the work of minors (persons over 14 years of age and under 18 years of age), with the exception of enterprises in which only members of the minor’s family work and who are under the direction of the father, mother or guardian. The Committee recalls that, under Article 4, paragraph 1, of the Convention, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It also recalls that, under Article 4, paragraph 2, each Member which ratifies the Convention shall list in its first report which it is bound to submit under article 22 of the Constitution of the International Labour Organization any categories of employment which may have been excluded, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee requests the Government to indicate whether it wishes to avail itself of the possibility to exclude family work and occasional work from the scope of the Convention, in accordance with Article 4, paragraph 1. If so, it requests the Government to provide information on consultations held with employers’ and workers’ organizations in this regard.

Article 5. Limitation of the scope of the Convention. The Committee notes that the Government indicates in its first report that the prohibitions relating to child labour laid down by the Convention shall be applicable as a minimum to branches of economic activity or types of undertakings specified in Article 5, paragraph 3, of the Convention, namely mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural undertakings mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. It is the Committee’s understanding that the Government wishes to limit the scope of the Convention to the branches of economic activity or types of undertakings listed in Article 5, paragraph 3, of the Convention. The Committee reminds the Government that the possibility of limiting the scope of the Convention laid down by Article 5 must be used at the time of ratification of the Convention, and not in the first report. It therefore observes that, inasmuch as the Government did not avail itself at the appropriate time of the possibility offered by Article 5 of the Convention, it does not have the option of doing so now.

Article 6. 1. Vocational training. The Committee notes that, under section 281(2) of the General Labour Act, the employer must adopt measures for the vocational training of minors in his service, requesting the collaboration of the competent official bodies whenever he does not have the appropriate infrastructure or means for this purpose. Under section 281(3) of the General Labour Act, the State is responsible for the establishment and functioning of appropriate vocational training infrastructures for integrating minors into working life. The Committee also notes that, under section 5(2)(e) of Decree No. 58/82, the State must develop vocational training activities in the context of its job-creation policy. The Committee requests the Government to provide information on the measures adopted by employers and the State in relation to vocational training for minors.

2. Apprenticeships. The Committee notes that, under section 25(1) of the General Labour Act, apprenticeship and in-service training contracts must be issued in writing and submitted to an authorization from the General Labour Inspectorate. It also notes that, under section 25(2) of the Act, apprenticeship and in-service training contracts (sections 33-37) are subject to the provisions relating to apprenticeship and vocational training contracts and those relating to the work of children (sections 281-299). The Committee also notes that section 282(4) of the General Labour Act states that employment contracts concluded with minors must be in writing. The minor in question must provide proof that he is at least 14 years of age. The Committee therefore notes that, inasmuch as provisions relating to the work of children apply to apprenticeship contracts, the age for admission to apprenticeships is 14 years, in accordance with Article 6 of the Convention.

Article 7. Light work. The Committee notes that, under section 283 of the General Labour Act, minors may carry out light work which does not entail major physical effort or is not likely to harm their health or their physical and mental development and which allows an apprenticeship or training to take place. It also notes that, under section 299 of the General Labour Act, any employer who is authorized to recruit minors who are subject to compulsory schooling must collaborate with the official educational services to install a classroom within or adjacent to the workplace, where such minors are more than 20 in number and the enterprise is more than 5 kilometres away from a school. The Committee’s understanding of these two provisions is that the national legislation allows minors to perform light work but without specifying the age at which they can do so. In this regard, the Committee reminds the Government that, under Article 7, paragraph 1 and 4, of the Convention, national legislation may permit the employment of persons between 12 and 14 years of age in light work, provided that such work is not likely to be harmful to their health or development. In addition, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe that the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee requests the Government to indicate from what age minors may perform light work and to provide information on the measures adopted to ensure that the work is not likely to harm their health or development. The Committee also requests the Government to take the necessary measures to determine the activities in which children between 12 and 14 years of age may be permitted to perform employment or light work, as well as the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee also requests the Government to provide more detailed information on the application in practice of section 299 of the General Labour Act, and to indicate the form of the collaboration between the employer and the official educational services with regard to the installation of a classroom within or adjacent to the workplace, where the abovementioned minors are more than 20 in number and the enterprise is more than 5 kilometres away from a school.

Article 8. Artistic performances. The Committee notes that the national legislation does not appear to contain provisions regulating artistic performances. It reminds the Government that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age for admission to employment or work and after consultation of the employers’ and workers’ organizations concerned, of granting individual work permits for such purposes as participation in artistic performances. Permits thus granted must limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. The Committee requests the Government to indicate whether children under 14 years of age participate in such activities in practice.

Article 9, paragraph 3. Keeping a register. The Committee notes that the national legislation does not appear to contain provisions concerning the keeping of a register. It reminds the Government that, under Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee requests the Government to provide information in this regard.

Article 1 and Part V of the report form. National policy and practical application of the Convention. The Government indicates that, in view of the recent entry into force of the Convention, it is difficult to undertake an evaluation of its application. The Committee notes, however, that according to the information at the ILO’s disposal, 440,000 children between 10 and 14 years of age were involved in an economic activity during 2000. Of this total, 225,000 were boys and 215,000 were girls. In its concluding observations on the initial report submitted by Angola in October 2004 (CRC/C/15/Add.246, paragraphs 64 and 65), the Committee on the Rights of the Child, while welcoming the Government’s ratification of Conventions Nos. 138 and 182 in 2001, expressed particular concern at the fact that many children below the legal age for admission to employment are working, mostly on family farms and in the informal sector, where their work is not monitored, even though it is well known that children are being exploited. The Committee particularly requested the Government to strengthen its efforts to prevent the employment of children below the minimum age for admission to employment or work, namely 14 years, and to establish a labour inspection system to ensure that children will not be exploited. The Committee notes with interest the Government’s information to the effect that a Memorandum of Understanding (MOU) with ILO/IPEC was submitted to the competent authorities for adoption.

The Committee expresses its deep concern at the situation of young children under the age of 14 years working in Angola and invites the Government to renew its efforts to improve the situation gradually, particularly by the adoption of an MOU with ILO/IPEC and a national policy aimed at ensuring the effective abolition of child labour. The Committee also invites the Government to provide detailed 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 inspection services, and information on the number and nature of contraventions reported.

Finally, the Committee notes that, under section 324 of the General Labour Act, the provisions of Decree No. 58/82 which are incompatible with the General Labour Act are repealed. It requests the Government to specify which provisions of Decree No. 58/82 are actually repealed.