Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 138) sur l'âge minimum, 1973 - Angola (Ratification: 2001)

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.