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

Minimum Age Convention, 1973 (No. 138) - Central African Republic (Ratification: 2000)

Articles 1 and 2(1) of the Convention. National policy, scope of application and application of the Convention in practice. In its previous comments, the Committee noted that the Labour Code only covers occupational relationships deriving from a contract of employment. It noted the absence of a national policy, despite the significant number of children engaged in work who are below the minimum age for admission to employment, set at 14 years. The Committee noted the Government’s indications that the activities undertaken in collaboration with UNICEF had led to a reduction in the number of children working on their own account or in the informal economy. It requested the Government to continue taking measures to ensure that children working in the informal economy benefit from the protection of the Convention.

In its report, the Government reaffirms its commitment to strengthening the measures ensuring adequate protection for all children, including those working in the informal economy, in collaboration with UNICEF and the country’s other partners. The Government indicates that the draft revised Labour Code contains provisions protecting children against child labour. The Committee also notes that according to the multiple indicator cluster survey (MICS) undertaken in 2018-19 by the Central African Institute for Statistics and Economic and Social Studies with the support of UNICEF, the proportion of children between the ages of five and 11 years engaged in child labour is 33.5 per cent, with a rate of 22.9 per cent for children aged 12-14 years, a significant number of whom work under hazardous conditions. The Committee notes with concern the significant number of children under 14 years of age engaged in child labour, including under hazardous conditions. The Committee urges the Government to take all the necessary measures to ensure the progressive elimination of child labour, including through the implementation of a national policy, in accordance with Article 1 of the Convention. It requests the Government to provide information on the measures taken in this regard. The Committee also requests the Government to continue taking measures so that children working in the informal economy or on their own account benefit from the protection of the Convention in law and practice. It requests the Government to provide information on the progress achieved in this respect.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of these types of work. In its previous comments, the Committee noted with concern the absence of a list of hazardous types of work, despite section 261 of the Labour Code adopted in 2009, which provides that an order shall determine the nature and types of work and the categories of enterprises prohibited for children and the age limit up to which this prohibition shall apply. It urged the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited for children under 18 years of age is adopted as soon as possible.

The Committee notes the absence of information from the Government on this point. It is therefore bound to note once again with deep concern the absence of a list determining the hazardous types of work prohibited for children under 18 years of age. It recalls that, in accordance with Article 3(2) of the Convention, the hazardous types of work prohibited for children under 18 years of age shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore urges the Government to take the necessary measures without delay to determine the list of hazardous types of work prohibited for children under 18 years of age. It requests the Government to report any progress achieved in this regard.

Article 9(3). Keeping of registers by employers. The Committee previously noted that, under section 331 of the Labour Code, certain enterprises or workplaces may be exempted from the obligation to keep an employment register by order of the Ministry of Labour. It urged the Government to take the necessary measures as soon as possible to bring the legislation into conformity with the Article 9(3) of the Convention by ensuring that no employers may be exempted from the obligation to keep a register of persons under 18 years of age employed by them or working for them.

The Government indicates that, within the framework of the current legal reform, the draft revised Labour Code contains measures protecting children from child labour. The Committee therefore expresses the firm hope that, on the occasion of the current legal reform, the Government will take into account the Committee’s comments and ensure that no employers are exempt from keeping a register of the children under 18 years of age employed by them or working for them, and ensure that the registers contain, as a minimum, the names and ages or dates of birth, duly certified wherever possible, of such children. It requests the Government to provide information on the progress achieved in the adoption of the revised Labour Code, and to provide a copy once it has been adopted.