Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 138) sur l'âge minimum, 1973 - Burkina Faso (Ratification: 1999)

The Committee takes note of the Government’s report.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the Office’s estimates, 51 per cent of children aged from 10 to 14 years were carrying out an economic activity. It expressed concern at the actual situation of young children in Burkina Faso who were compelled to work. However, the Committee noted that a national action plan on child labour had been drawn up and that the country was participating in the ILO/IPEC project on the abolition of child labour. It asked the Government to supply information in this respect.

The Committee notes the information supplied by the Government in its report on the measures it has taken to abolish child labour, in particular the establishment of a department to combat child labour and the worst forms thereof. The Committee also notes that, according to the 2007 activity reports of the ILO/IPEC project on the abolition of child labour in French-speaking Africa, a number of activities have been conducted, including activities to mobilize communities and raise their awareness of the problem of child labour. In addition, action programmes designed to tackle specific problems, such as work involving children in rural areas, girl domestic workers and children engaged in gold washing, have been implemented. According to these activity reports, a national study on child labour has been conducted in the country and a new national action plan on child labour is being drawn up. The Committee also notes that Burkina Faso is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in mining in West Africa (2005–08)”, in which Niger is also taking part. The specific aim of this project is to withdraw children from gold mines in Burkina Faso and Niger, while establishing structures for the prevention of child labour and supporting local activities, in particular those aimed at boosting the safety and income of adults engaged in mining.

The Committee notes the draft Decent Work Country Programme for Burkina Faso. It notes that problems connected with child labour are among the priorities of this country programme, including child labour in rural areas and in mining, and that the Government intends to take measures aimed at eliminating child labour in the context of the fight against poverty. The Committee greatly appreciates all the measures taken by the Government to abolish child labour, measures which it considers to be an affirmation of a political will to develop strategies to combat this problem. It therefore strongly encourages the Government to continue its efforts in the fight against child labour and asks it to supply information on the implementation of the abovementioned projects, and also on the results obtained in terms of the progressive abolition of child labour. The Committee also asks the Government to send a copy of the national study on child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee previously noted that the Labour Code appears to exclude from its scope work performed outside an employment relationship (section 1). It indicated that, according to an activity report of the ILO/IPEC National Programme in Burkina Faso, the majority of child workers are in agriculture and stock rearing, and the most exposed groups work as apprentices in the informal sector in gold washing and, especially in the case of girls, as domestic workers, sales girls and apprentices. The Committee also noted the Government’s statement that the applicable texts, including the new Labour Code, also apply to workers in the informal sector, to apprentices, domestic workers and sales persons, if the parties concerned lodge a complaint to the labour inspection services. It requested the Government to send a copy of the provisions governing the minimum age for admission to self‑employment.

In its report, the Government indicates that it has taken measures to extend the scope of application of the Convention to work accomplished outside an employment relationship or in the informal sector, mainly in the form of awareness campaigns (lectures and film shows on the damaging effects of child labour with regard to their physical, mental and social development) in areas where children are exploited or are self-employed. While noting this information, the Committee notes that, whatever the importance of measures to raise awareness of child labour among the population as a means of combating the problem, they cannot be a substitute for measures to protect children against conditions of work which may be harmful to their health or development. Consequently, the Committee again reminds the Government that the Convention applies to all sectors of economic activity and covers all types of employment or work, whether or not a contractual employment relationship exists. It again asks the Government to take the necessary measures to ensure that the protection afforded by the Convention is also applicable to children who work without an employment relationship, in particular when they are self-employed. In this respect, the Committee invites the Government to consider the possibility of assigning special powers to labour inspectors with regard to children who work in the informal sector.

2. Minimum age of admission to employment or work. Referring to its previous comments, the Committee notes with interest that under section 147 of Act No. 33-2004/AN of 14 September 2004 on the Labour Code, the minimum age of admission to employment or work is now 15 years, in conformity with the age specified by Burkina Faso at the time of ratification of the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. Referring to its previous comments, the Committee notes that the Ministry of Basic Education and Literacy has adopted a Ten-Year Development Plan for Basic Education (PDDEB). This plan, whose main objective is to achieve universal schooling by 2015, aims to increase progressively the school enrolment and attendance rates, as well as improving basic tuition and informal basic education. The Committee notes the information provided by the Government to the effect that further to the half-yearly report for January–June 2006 concerning the implementation of the PDDEB, school attendance is showing a positive trend in Burkina Faso. It notes, inter alia, that the total number of pupils attending school has increased from 1,270,837 in 2004–05 to 1,390,571 in 2005–06, i.e. an average annual rate of increase of 9.42 per cent. In addition, the rate of school attendance for girls is increasing, the number of girls having increased from 133,091 in 2004–05 to 137,936 in 2005–06. Considering that education is one of the most effective means of combating child labour, the Committee encourages the Government to continue its efforts in this respect. It asks it to continue to supply information on the implementation of the PDDEB, in particular with regard to the school enrolment and attendance rates.

Article 3. Hazardous work. In its previous comments, the Committee noted that Order No. 539/ITLS/HV of 29 July 1954 on child labour was to be revised. In this respect, the Government indicated that all the texts for the application of the new Labour Code had been prepared. The Committee asked the Government to send copies of the orders once they were adopted. Noting the Government’s indication that the legislative texts giving effect to the Labour Code, in particular the one relating to hazardous work, will be sent to the Office once they are adopted, the Committee again sincerely hopes that these texts will be adopted as soon as possible and will be in conformity with Article 3 of the Convention. It asks the Government to send copies of them once they are adopted.

Article 7, paragraphs 1 and 3. Age of admission to light work, identification of, and conditions of employment in, such work. In its previous comments, the Committee noted that, under section 1 of Order No. 545/IGTLS/HV of 2 August 1954 derogating from the age for admission to employment, an exemption from the minimum age for admission to employment is established for children aged 12 and above for domestic work, light work of a seasonal nature, such as gathering, picking up and sorting produce in farms and tending for animals. The Committee reminded the Government that Article 7, paragraph 1, of the Convention only authorizes light work for persons between 13 and 15 years of age and requested it to bring its legislation into conformity with the Convention. The Committee notes the Government’s information that measures will be taken to bring the legislation into conformity with this provision of the Convention and that it will revise Order No. 545/IGTLS/HV of 2 August 1954. The Committee hopes that the revision of this order will take place as soon as possible and that it will give full effect to Article 7, paragraph 1, of the Convention, authorizing employment in light work only for children between 13 and 15 years of age. It asks the Government to supply information on all further developments in this respect. The Committee takes the opportunity to draw the Government’s attention to Article 7, paragraph 3, of the Convention, which provides that the competent authority will determine the activities in which light work may be authorized, and will prescribe the duration in hours and the conditions of employment or work concerned.